Activities of Tadeusz CYMAŃSKI related to 2008/0193(COD)
Plenary speeches (1)
Improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding - Precarious women workers (debate)
Amendments (22)
Amendment 86 #
Proposal for a directive – amending act
Recital 6 a (new)
Recital 6 a (new)
(6a) The objectives set out in the Presidency Conclusions of the Barcelona European Council of 15 and 16 March 2002 stated that Member States should remove obstacles to women's involvement in the labour market and aim to provide by 2010 childcare facilities for at least 90% of children between the age of three and the compulsory schooling age and aim for at least 33% of children under the age of three, and that such children should have equal access to such facilities in towns and rural areas.
Amendment 90 #
Proposal for a directive – amending act
Recital 8 a (new)
Recital 8 a (new)
(8a) The provisions of this Directive concerning maternity leave should not conflict with Member States’ other rules on parental leave and this Directive should not undermine those rules.
Amendment 92 #
Proposal for a directive – amending act
Recital 9
Recital 9
(9) The vulnerability of pregnant workers and of workers who have recently given birth or who are breastfeeding makes it necessary for them to be granted the right to maternity leave of at least 1824 continuous weeks, allocated before and/or after confinement, and renders necessary the compulsory nature of maternity leave of at least six weeks allocated after confinement.
Amendment 99 #
Proposal for a directive – amending act
Recital 13 a (new)
Recital 13 a (new)
(13a) For the purposes of helping workers reconcile their professional and family rights and obligations, it is essential to provide for longer maternity leave, including in the event of adoption for children under the age of 12 months.
Amendment 104 #
Proposal for a directive – amending act
Recital 18 a (new)
Recital 18 a (new)
(18a) Member States are urged to introduce into their national legal systems measures to ensure real and effective compensation or reparation, as they consider to be appropriate, for any harm caused to a worker by any breach of the obligations under this Directive, in a way which is dissuasive and proportionate to the damage suffered.
Amendment 107 #
Proposal for a directive – amending act
Recital 20
Recital 20
(20) This Directive lays down minimum requirements and thus offers the Member States the option of introducing or maintaining more favourable provisions. The implementation of this Directive should not serve to justify any regression in relation to the situation prevailing in each Member State, in particular in relation to national laws which, by combining parental leave and maternity leave, provide for an entitlement to the mother of at least 24 weeks of leave allocated before and/or after confinement, and remunerated at least at the level provided for in this Directive with due consideration to National legislation. Member States that have not already done so are strongly encouraged to take the appropriate measures to ensure equal treatment of pregnant workers and workers who have recently given birth or are breastfeeding, in the public and private sectors, as well as for workers who do not fall within the definitions contained in Article 2 of Directive 92/85/EEC, so as to maximise the benefits of higher fertility rates and higher women’s employment. To that end tax incentives for employers should be considered.
Amendment 110 #
Proposal for a directive – amending act
Article 1 – point -1 a (new)
Article 1 – point -1 a (new)
Directive 92/85/EEC
Recital 14
Recital 14
-1a. Recital 14 is replaced by the following: “Whereas the vulnerability of pregnant workers, workers who have recently given birth or who are breastfeeding makes it necessary for them to be granted the right to maternity leave of at least 24 continuous weeks, allocated before and/or after confinement, and renders necessary the compulsory nature of maternity leave of at least six weeks allocated [...] after confinement;"
Amendment 112 #
Proposal for a directive – amending act
Article 1 – point -1 c (new)
Article 1 – point -1 c (new)
Directive 92/85/EEC
Recital 17
Recital 17
-1c. Recital 17 is replaced by the following: "Whereas, moreover, provision concerning maternity leave would also serve no purpose unless accompanied by the maintenance of all rights linked to the employment contract [...] including maintenance of pay, which meet employment law standards in Member States;"
Amendment 114 #
Proposal for a directive – amending act
Article 1 – point -1 e (new)
Article 1 – point -1 e (new)
Directive 92/85/EEC
Article 7
Article 7
-1e. Article 7 is replaced by the following “Article 7 Night work 1. Member States shall take the necessary measures to ensure that workers referred to in Article 2 are not obliged to perform night work [...]: (a) during the ten weeks prior to childbirth; (b) during the remainder of the pregnancy where necessary for the health of the mother or the unborn child; (c) during the period of breastfeeding for no more than six months 2. The measures referred to in paragraph 1 must entail the possibility, in accordance with national legislation and/or national practice, of: (a) transfer to a compatible daytime working timetable; or (b) leave from work or extension of maternity leave where such a transfer is not technically and/or objectively feasible [...]. 3. Workers wishing to be exempted from night work shall, in accordance with rules laid down by the Member States, inform their employer and, in the case referred to in paragraph 1 (b), submit a medical certificate to the employer. 4. For single parents and parents with children with severe disabilities, the periods referred to in paragraph 1 may be extended in accordance with the procedures laid down by the Member States."
Amendment 119 #
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall take the necessary measures to ensure that workers within the meaning of Article 2 are entitled to a continuous period of maternity leave of at least 1824 weeks allocated before and/or after confinement.
Amendment 132 #
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 2a (new)
Article 8 – paragraph 2a (new)
2a. In relation to multiple births the period of maternity leave referred to in paragraph 2 shall be increased in accordance with national legislation.
Amendment 136 #
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Member States shall take the necessary measures to ensure that additionalthe appropriate leave is granted in specific situations such as in the case of premature childbirth, stillbirth, caesarean section, children hospitalised at birth, children with disabilities and multiple births. The duration of the additional leave, mothers with disabilities, teenage mothers, multiple births or births occurring within 18 months of the previous birth. The duration of the additional maternity leave after confinement should be proportionate and allow the special needs of the mother and the child/children to be accommodated.
Amendment 143 #
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 5 a (new)
Article 8 – paragraph 5 a (new)
(5a) Where national legislation and/or practice provide for maternity leave in excess of 18 weeks this can be counted towards any additional periods of maternity leave provided for under paragraphs 3 and 4.
Amendment 145 #
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 5 b (new)
Article 8 – paragraph 5 b (new)
5b. Member States shall guarantee mothers’ rights by ensuring special working conditions so as to help children with disabilities.
Amendment 146 #
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 a (new)
Article 8 a (new)
1b. The following Article 8a is inserted: “Article 8a Member States shall take the necessary measures to ensure that the provisions of this Directive concerning maternity leave also apply in the event of adoption of children less than 12 months old."
Amendment 149 #
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 92/85/EEC
Article 10 – point 1
Article 10 – point 1
1. The Member States shall take the necessary measures to ensure that employers cannot, for reasons of their own convenience, interrupt maternity leave to care for a child, and to prohibit the dismissal and all preparations for a dismissal of workers within the meaning of Article 2 during the period from the beginning of their pregnancy to at least six months following the end of the maternity leave provided for in Article 8(1). Dismissal during that period shall be formally justified and shall be duly specified in writing, save in exceptional cases not connected with their condition, which are permitted under national legislation and/or practice and, where applicable, provided that the competent authority has given its consent.
Amendment 154 #
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 92/85/CEE
Article 10 – point 4 a (new)
Article 10 – point 4 a (new)
Amendment 162 #
Proposal for a directive – amending act
Article 1 – point 3 – point c a (new)
Article 1 – point 3 – point c a (new)
Directive 92/85/CEE
Article 11 – point 3 a (new)
Article 11 – point 3 a (new)
(ca) The following point 3a is inserted: "3a. The allowance received by workers within the meaning of Article 2 shall not be lower than the allowance received by workers who have recently given birth or who are breastfeeding within the meaning of Article 2 in the event of a break in activity on grounds connected with the worker’s state of health."
Amendment 163 #
Proposal for a directive – amending act
Article 1 – point 3 – point d a (new)
Article 1 – point 3 – point d a (new)
Directive 92/85/CEE
Article 11 – point 5 a (new)
Article 11 – point 5 a (new)
(da) The following point 5a is inserted: "5a. Member States shall take the necessary measures to encourage employers and to promote dialogue between the social partners to provide for reintegration and training support for workers returning to work after maternity leave, where necessary and/or where requested by the worker and in line with national legislation."
Amendment 164 #
Proposal for a directive – amending act
Article 1 – point 3 a (new)
Article 1 – point 3 a (new)
Directive 92/85/CEE
Article 11 a (new)
Article 11 a (new)
3a. The following Article 11a is inserted: "Article 11a Time off for breastfeeding A mother who is breastfeeding her child shall be entitled to a period of leave for that purpose. Member States are urged to give due consideration to nursing mothers. "
Amendment 165 #
Proposal for a directive – amending act
Article 1 – point 3 b (new)
Article 1 – point 3 b (new)
Directive 92/85/CEE
Article 11 b (new)
Article 11 b (new)
3b. The following Article 11 b is inserted: "Article 11b Prevention of discrimination Member States shall encourage employers through collective agreements or practice, to take effective measures to prevent discrimination against women on the grounds of pregnancy, maternity or adoption leave."
Amendment 169 #
Proposal for a directive – amending act
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The Commission’s report shall take account, as appropriate, of the viewpoints of the social partners and relevant nongovernmental organisations. In accordance with the principle of gender mainstreaming, the report shall inter alia provide an assessment of the impact on women and men of the measures taken. It shall also include an impact study analysing the social and economic effects, in the EU as a whole, of a further increase in the duration of maternity leave. In the light of the information received, the report shall, where necessary, include proposals to revise and update Directive 92/85/EEC as amended by this Directive.