61 Amendments of Patrick LE HYARIC related to 2017/0355(COD)
Amendment 89 #
Proposal for a directive
Recital 3
Recital 3
(3) Since the adoption of Council Directive 91/533/EEC,33 labour markets have undergone far-reaching changes due to demographic developments and digitalisation leading to the creation of new forms of employment, which have supported job creation and labour market growth. New forms of employment are often not as regular or stable as traditional employment relationships and lead to reduced predictability for the workers concerned, creating uncertainty as to applicable rights and social protection. In this evolving world of work, there is therefore an increased need for workers to be fully informed about their essential working conditions, which should occur in a written form and in a timely manner. In order adequately to frame the development of new forms of employment, workers in the Union should also be provided with a number of new minimum rights aimed at promoting security and predictability in employment relationships while achieving upward convergence across Member States and preserving labour market adaptability. __________________ 33 Council Directive 91/533/EC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ L 288, 18.10.1991, p. 32).
Amendment 94 #
Proposal for a directive
Recital 4
Recital 4
(4) Pursuant to Directive 91/533/EEC the majority of workers in the Union have the right to receive written information about their working conditions. Directive 91/533/EEC does not however cover all workers in the Union, which is a necessity. Moreover, gaps in protection have emerged for new forms of employment created as a result of labour market developments since 1991.
Amendment 116 #
Proposal for a directive
Recital 7
Recital 7
(7) In order to ensure effectiveness of the rights provided by the Union law, the personal scope of Directive 91/533/EEC should be updated. In its case law, the Court of Justice of the European Union has established criteria for determining the status of a worker34 which are appropriate for determining the personal scope of application of this Directive. The definition of worker in Article 2(1) is based on these criteria. They ensure a uniform implementation of the personal scope of the Directive while leaving it to national authorities and courts to apply it to specific situations. Provided that they fulfil those criteria, domestic workers, on-demand workers, intermittent workers, voucher based-workers, platform workers, trainees and apprentices cshould come within scope of this Directive. __________________ 34 Judgments of 3 July 1986, Deborah Lawrie-Blum, Case 66/85; 14 October 2010, Union Syndicale Solidaires Isère, Case C-428/09; 9 July 2015, Balkaya, Case C-229/14; 4 December 2014, FNV Kunsten, Case C-413/13; and 17 November 2016, Ruhrlandklinik, Case C- 216/15.
Amendment 127 #
Proposal for a directive
Recital 8
Recital 8
Amendment 143 #
Proposal for a directive
Recital 9
Recital 9
Amendment 149 #
Proposal for a directive
Recital 10
Recital 10
(10) Several different natural or legal persons may in practice assume the functions and responsibilities of an employer. Member States should remain free to determine more precisely the person(s) who are considered totally or, partially or jointly responsible for the execution of the obligations that this Directive lays down for employers, as long as all those obligations are fulfilled. Member States should also be able to decide that some or all of these obligations are to be assigned to a natural or legal person who is not party to the employment relationship. Member States should be able to establish specific rules to exclude individuals acting as employers for domestic workers in the household from the obligations to consider and respond to a request for a different type of employment, to provide cost-free mandatory training, and from coverage of the redress mechanism based on favourable presumptions in the case of missing information in the written statement.
Amendment 162 #
Proposal for a directive
Recital 13
Recital 13
(13) Information on remuneration to be provided should include all elements of the remuneration, including contributions in cash or kind, directly or indirectly received by the worker in respect of his or her work. The provision of such information should be without prejudice to the freedom for employers to provide for, additional elements of remuneration such as one-off payments. The fact that elements of remuneration due by law or collective agreement have not been included in that information should not constitute a reason for not providing them to the worker.
Amendment 168 #
Proposal for a directive
Recital 14
Recital 14
(14) If it is not possible for the employer to indicate a fixed work schedule due to the nature of the employment, workthe employers should knowinform workers how their work schedule will be established, including the time slots in which they may be called to work and the minimum advance notice they should receive.
Amendment 181 #
Proposal for a directive
Recital 15
Recital 15
(15) Information on social security systems should include, where relevant, sickness, maternity and equivalent, parental, paternity, old-age, invalidity, survivors', unemployment, pre-retirement or family benefits. Information on social security protection provided by the employer should include, where relevant, coverage by supplementary pension schemes within the meaning of Council Directive 98/49/EC36 and Directive 2014/50/EU of the European Parliament and of the Council.37 __________________ 36 Council Directive 98/49/EC of 29 June 1998 on safeguarding the supplementary pension rights of employed and self- employed persons moving within the Community (OJ L 209, 25.7.1998, p. 46). 37 Directive 2014/50/EU of the European Parliament and of the Council of 16 April 2014 on minimum requirements for enhancing worker mobility between Member States by improving the acquisition and preservation of supplementary pension rights (OJ L 128, 30.4.2014, p. 1).
Amendment 192 #
Proposal for a directive
Recital 16
Recital 16
(16) Workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writing at the start of employment. The relevant information should therefore reach them at the latest on the first day ofbefore starting the employment relationship.
Amendment 202 #
Proposal for a directive
Recital 17
Recital 17
(17) In order to help employers to provide timely information, Member States should ensure the availability of templates at national level in all EU languages, including relevant and sufficiently comprehensive information on the legal framework applicable. These templates may be further developed at sectoral or local level, by national authorities and social partners.
Amendment 208 #
Proposal for a directive
Recital 18
Recital 18
(18) Workers posted or sent abroad should receive additional information specific to their situation. For successive work assignments in several Member States or third countries, such as in international road transport, that information may be grouped for several assignments before the first departure and subsequently modified in case of change. Where they qualify as posted workers under Directive 96/71/EC of the European Parliament and of the Council,38 they should also be notified of the single national website developed by the host Member State where they will find the relevant information on the working conditions applying to their situation. Unless Member States provide otherwise, these obligations apply iThese obligations apply to any kind of posting, without prejudice of the duration of the work period abroad is more than four consecutive weeks. __________________ 38 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1).
Amendment 219 #
Proposal for a directive
Recital 19
Recital 19
(19) Probationary periods allow employers to verify that workers are suitable for the position for which they have been engaged while providing them with accompanying support and training. Such periods may be accompanied by reduced protection against dismissal. Any entry into the labour market or transition to a new positionAny entry into the labour market should not be subject to prolonged insecurity. As established in the European Pillar of Social Rights, probationary periods should therefore be of reasonable duration. A substantial number of Member States have established a general maximum duration of probation between three and six months, which should be considered reasonable. Probationary periods may be longer than six month and should not be extended under any circumstance. Probationary periods may be longer than three months in compliance with national law and collective agreements where this is justified by the nature of the employment such as for managerial positions and where this is in the interest of the worker, such as in the case of long illness or in the context of specific measures promoting permanent employment notably for young workers.
Amendment 223 #
Proposal for a directive
Recital 20
Recital 20
(20) Employers should not prohibit workers from taking up employment with other employers, outside the time spent working for them, within the limits set out in Directive 2003/88/EC of the European Parliament and of the Council.39 Incompatibility clauses, understood as a restriction on working for specific categories of employers, may be necessary for objective reasons, such as the protection of business secrets or the avoidance of conflicts of interests. Member States in cooperation with social partners should establish when incompatibility clauses can apply. __________________ 39 Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9).
Amendment 236 #
Proposal for a directive
Recital 22
Recital 22
(22) Reference hours and days, understood as time slots where work can take place at the request of the employer, should be established in writing atbefore the start of the employment relationship.
Amendment 241 #
Proposal for a directive
Recital 23
Recital 23
(23) A reasonable minimum advance notice of fifteen days, understood as the period of time between the moment a worker is informed about a new work assignment and the moment the assignment starts, constitutes another necessary element of predictability of work for employment relationships with work schedule which are variable or mostly determined by the employer. The length of the advance notice period may varybe longer according to the needs of sectors, while ensuring adequate protection of workers. It applies without prejudice to Directive 2002/15/EC of the European Parliament and of the Council.40 __________________ 40 Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities (OJ L 80, 23.3.2002, p. 35).
Amendment 245 #
Proposal for a directive
Recital 24
Recital 24
(24) Workers should have the possibility to refuse a work assignment if it falls outside of the reference hours and days or has not been notified within the minimum advance notice without suffering adverse consequences for this refusal. Workers should also have the possibility to accept the work assignment if they so wish.
Amendment 254 #
Proposal for a directive
Recital 25
Recital 25
(25) Where employers have the possibility to offer full-time or open-ended labour contracts to workers in non-standard forms of employment, a transition to more secure forms of employment should be promoted. Workers should be able to request another more predictable and secure form of employment, where available, and receive an explanatory written response from the employer, which takes into account the needs of the employer and of the worker and justifies the decision.
Amendment 263 #
Proposal for a directive
Recital 26
Recital 26
(26) Where employers are required by legislation or collective agreements to provide training to workers to carry out the work for which they are employed, it is important to ensure that such training is provided equally, including to those in non-standard forms of employment. The costs of such training should not be charged to the worker nor withheld or deducted from the worker's remuneration and preferably during working hours.
Amendment 271 #
Proposal for a directive
Recital 27
Recital 27
(27) Social partners may consider that in specific sectors or situations different provisions are more appropriate, for the pursuit of the purpose of this Directive, than the minimum standards set in Chapter Three of this Directive. Member States should therefore be able to allow sSocial partners tocould conclude collective agreements modifying the provisions contained in that chapter, as long as the overall level of protection of workers is not lowered or it is improved.
Amendment 283 #
Proposal for a directive
Recital 28
Recital 28
(28) The consultation on the European Pillar of Social Rights showed the need to strengthen enforcement of Union labour law to ensure its effectiveness. As regards Directive 91/533/EEC, the REFIT evaluation41 confirmed that strengthened enforcement mechanisms could improve its effectiveness. It showed that redress systems based solely on claims for damages are less effective than systems that also provide for sanctions (such as lump sums or loss of permits) for employers who fail to issue written statements. It also showed that employees rarely seek redress during the employment relationship, which jeopardises the goal of the provision of the written statement to ensure workers are informed about their essential features of their employment relationship. It is therefore necessary to introduce enforcement provisions which ensure the use either of favourable presumptions where information about the employment relationship is not provided, orand of an administrative procedure under which the employer may be required to provide the missing information and subject to sanction if it does not. That redress should be subject to a procedure by which the employer is notified that information is missing and has 15 days in which to supply complete and correct information. __________________ 41 SWD(2017)205 final, page 26.
Amendment 304 #
Proposal for a directive
Recital 37
Recital 37
Amendment 309 #
Proposal for a directive
Recital 38
Recital 38
(38) The Member States mayshould entrust and consult social partners withabout the implementation of this Directive, where social partners jointly request to do so and as long as the Member States take all the necessary steps to ensure that they can at all times guarantee the results sought under this Directive.
Amendment 313 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. The purpose of this Directive is to improve working conditions byto promoting more secure ande safe, predictable employment while ensuring labour market adaptabilityand with decent conditions, having in consideration technical and scientific developments.
Amendment 326 #
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive lays down minimum rights that apply to every worker in the Unpublic and private sector in the European Union without exception.
Amendment 336 #
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
Amendment 347 #
Proposal for a directive
Article 1 – paragraph 4
Article 1 – paragraph 4
Amendment 350 #
Proposal for a directive
Article 1 – paragraph 5
Article 1 – paragraph 5
5. Member States may determine which, after consulting social partners, shall determine which natural or legal persons are responsible for the execution of the obligations for employers laid down by this Directive as long as all those obligations are fulfilled. They mayshall also decide that all or part of these obligations shall be assigned to a natural or legal person who is not party to the employment relationship. Where one or more natural or legal person(s) who is or are directly or indirectly party to an employment relationship with a worker, shall be jointly and severally liable for obligations under this Directive. This paragraph is without prejudice to Directive 2008/104/EC.
Amendment 360 #
Proposal for a directive
Article 1 – paragraph 6
Article 1 – paragraph 6
Amendment 385 #
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘worker’ means a natural person who for a certain period of time performs services for and/or under the direction of another natural or legal person in return for remuneration;
Amendment 414 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall ensure that employers are required to inform workers of the essential aspects of the employment relationship and that the workers have the right to demand such information.
Amendment 422 #
Proposal for a directive
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. The information referred to in paragraph 1 shall include at least:
Amendment 432 #
Proposal for a directive
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
(e) in the case of a temporary employment relationship, the end date or the expected duration thereof; the name of the user undertaking in case of temporary agency workers as well as the pay scales of the user undertaking;
Amendment 446 #
Proposal for a directive
Article 3 – paragraph 2 – point i
Article 3 – paragraph 2 – point i
(i) the procedure, including the length of the period of notice, to be observed by the employer and the worker should their employment relationship be terminated or, where the length of the period of notice cannot be indicated when the information is given, the method for determining such period of notice; the procedure and the deadline for taking legal action contesting the dismissal;
Amendment 456 #
Proposal for a directive
Article 3 – paragraph 2 – point j
Article 3 – paragraph 2 – point j
(j) the initial basic amount, any other component elements, the frequency and method of payment of the remuneration to which the worker is entitled, in addition, payments of overtime, bonuses and other entitlements and the method of calculation;
Amendment 475 #
Proposal for a directive
Article 3 – paragraph 2 – point l – point ii
Article 3 – paragraph 2 – point l – point ii
(ii) the minimum advance notice the worker shall receive before the start of a work assignment, that shall be at least fifteen days;
Amendment 501 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The information referred to in paragraph 2(f) to (k) and (n) may, where appropriate, be given in the form ofshall be explained and, where appropriate, accompanied by a reference to the laws, regulations and administrative or statutory provisions or collective agreements governing those particular points.
Amendment 512 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The employment relationship shall be established in a written contract of employment. The information referred to in Article 3(2) shall be provihanded individually to the worker in the form of a document at the latest on the first day of the employment relationship. Twritten document, in the language of the worker, attached at the latest before the signature of the written contract. On request of the worker, that document may be provided and transmitted also electronically as long as it is easily accessible by the worker, the receipt is acknowledged and can be stored and printed.
Amendment 529 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. If it is not possible under national law to provide a written contract of employment, the information referred to in Article 3(2) shall be handed individually to the worker in the form of a written document, in the language of the worker, signed by the employer prior to the employment relationship. On request of the worker, that document may be provided and transmitted also electronically as long as it is easily accessible by the worker, the receipt is acknowledged and can be stored and printed.
Amendment 537 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States, in cooperation with social partners, shall develop templates and models for the document referred to in paragraph 1 and 1 a. and put them at the disposal of workers and employers including by making them available on a single official national website, social partners websites and by other suitable means. Those templates and models shall be provided in all EU languages.
Amendment 562 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall ensure that any change in the aspects of the employment relationship referred to in Article 3(2) and to the additional information for workers posted or sent abroad in Article 6 shall be provided in the form of a document by the employer to the worker at the earliest opportunity and at the latest on the dayfifteen days before it takes effect.
Amendment 572 #
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Member States shall ensure that, where a worker is required to work in a Member State or third country other than the Member State in which he or she habitually works, the document referred to in Article 4(1) shall be provided fifteen days before his or her departure and shall include at least the following additional information:
Amendment 592 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The information referred to in paragraph 1(b) and 2(a) may, where appropshall be handed to the worker in a wriatte, be givn document in the form of a reference to the laws, regulations and administrative or statutory provisions or collective agreements governing those particularlanguage of the worker and, when requested by the worker, can additionally be provided and transmitted also electronically as long as it is easily accessible by the worker, the receipt is acknowledged and can be stored and porintsed.
Amendment 599 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 612 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that, where an employment relationship is subject to a probationary period, that period shall not exceed sixthree months, including any extension.
Amendment 621 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States may provide forcan establish longer probationary periods in cases where this is justified by the nature of the employment or is in the interest of the worker. Such periods cannot exceed six months.
Amendment 624 #
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. During a probationary period, workers shall enjoy the same conditions and rights established in the scope of this Directive for those employees out of a probationary period.
Amendment 644 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Employers may however lay down conditions of incompatibility where such restrictions are justified by legitimate reasons such as the protection of business secrets or the avoidance of conflicts of interests. Member States shall establish legal framework for incompatibilities.
Amendment 671 #
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) if the worker is informed by their employer of a work assignment a reasonable period in advance of fifteen days, in accordance with Article 3(2)(l)(ii).
Amendment 687 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Where notice is given of a work assignment, the worker is entitled to be paid for the hours of which they were notified. If work assignment is cancelled without notice, the worker is entitled to be paid in full for the hours of which they were notified.
Amendment 695 #
Proposal for a directive
Article 9 – paragraph 1 b (new)
Article 9 – paragraph 1 b (new)
When the period of notice is not respected by the employer, the worker is entitled to refuse the requirement. The employer can not penalise the worker when this refusal is made.
Amendment 712 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that workers with at least six months' seniority with the same employer may request a form of employment with more predictable and secure working conditions where available.
Amendment 720 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The employer shall provide a justified written reply within one month of the request. With respect to natural persons acting as employers and micro, small, or medium enterprises, Member States may provide for that deadline to be extended to no more than three months and allow for an oral reply to a subsequent similar request submitted by the same worker if the justification for the reply as regards the situation of the worker remains unchangedout undue delay, not exceeding a month from the request.
Amendment 742 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall ensure that where employers are required by Union or national legislation or relevant collective agreements to provide training to workers to carry out the work for which they are employed, such training shall be provided cost-free to the worker and, when possible, within working hours.
Amendment 760 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Amendment 770 #
Proposal for a directive
Article 12 a (new)
Article 12 a (new)
Article 12a Equal payment The Member States shall ensure the principle of equal pay and terms and conditions to apply to all workers regardless of their employment status. The Member States shall ensure the abolition of discrimination with regard to all aspects and conditions of remuneration and terms and conditions of employment; the employment status is not being of relevance.
Amendment 785 #
Proposal for a directive
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
Member States shall ensure that, where a worker has not received in due time all or part of the documents referred to in Article 4(1), 4 (2), Article 5, or Article 6 or any piece of information referred in Article 3 to 11, and the employer has failed to rectify that omission within 15 days of its notification, one ofthe signature of the contract, the following systems shall apply:
Amendment 799 #
Proposal for a directive
Article 14 – paragraph 1 – point a
Article 14 – paragraph 1 – point a
(a) the worker shall benefit from favourable presumptions defined by the Member State. Where the information provided did not include the information referred to in points (e), (f), (k) or (l) of Article 3(2), the favourable presumptions shall include a presumption that the worker has an open-ended employment relationship, that there is no probationary period or that the worker has a full-time position, respectively. Employers shall have the possibility to rebut the presumptions; or
Amendment 806 #
Proposal for a directive
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
(b) the worker shall have the possibility to submit a complaint to a competent authority in a timely manner. If the competent authority finds that the complaint is justified, it shall order the relevant employer(s) to provide the missing information. If the employer does not provide the missing information within 15 days following receipt of the order, the authority shall be able to impose an appropriate administrative penalty, even if the employment relationship has ended. Employers shall have the possibility to lodge an administrative appeal against the decision imposing the penalty. Member States may designate existing bodies as competent authorities. This settlement mechanism is without prejudice to any judicial procedure.
Amendment 824 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Member States shall introduce measures necessary to protect workers, including workers who are employees' and trade union representatives, from any adverse treatment by the employer or adverse consequences resulting from a complaint lodged with the employer or from any legal proceedings initiated with the aim of enforcing compliance with the rights provided for in this Directive.
Amendment 866 #
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. This Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within Member States and in relation to areas to which it applies.