41 Amendments of Ádám KÓSA related to 2017/0355(COD)
Amendment 78 #
Proposal for a directive
Recital 2
Recital 2
(2) Principle 7 of the European Pillar of Social Rights, proclaimed at Gothenburg on 17 November 2017, provides that workers have the right to be informed in writing at the start of employment about their rights and obligations resulting from the employment relationship, including any probationary period, and that they have the right to access to effective and impartial dispute resolution and, in case of unjustified dismissal, a right to redress, including adequate compensation. Principle 5 provides that regardless of the type and duration of the employment relationship, workers have the right to fair and equal treatment regarding working conditions, access to social protection and training, that employment relationships that lead to precarious working conditions is to be prevented, including by prohibiting abuse of atypical contracts, that any probationary period should be of reasonable duration and that the transition towards open-ended forms of employment is to be fostered. Principle 5 also provides that necessary flexibility for employers to adapt swiftly to changes in the economic context must be ensured. Accordingly, rules applicable to non-standard forms of employment must strike a balance between the need to maintain flexibility in order to foster labour market development, and the entitlement of all workers to social protection.
Amendment 84 #
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. It must be recognized that flexible forms of employment also have a positive impact on the labour market and workers, as they foster innovation and facilitate access to the labour market to individuals who are not apt to work in a standard form of employment. __________________ 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 95 #
Proposal for a directive
Recital 5
Recital 5
(5) Minimum requirements relating to information on the essential aspects of the employment relationship and relating to working conditions that apply to every worker should therefore be established at Union level in order to guarantee all workers in the Union an adequate degree of transparency and predictability as regards their working conditions, while maintaining reasonable flexibility of non- standard employment, thus preserving its benefits for workers and employers.
Amendment 106 #
Proposal for a directive
Recital 7
Recital 7
Amendment 108 #
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 could come within scope of this Directiveits case law, the Court of Justice of the European Union has established criteria for determining the status of a worker34. __________________ 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 137 #
Proposal for a directive
Recital 8
Recital 8
(8) In view of the increasing number of workers excluded from the scope of Directive 91/533/EEC on the basis of derogations made by Member States under Article 1 of that Directive, it is necessary to replace these derogations with a possibility for Member States not to apply the provisions of the Directive to a work relationship equal to or less than 8 hours in total in a reference period of one monthweek. That derogation does not affect the definition of a worker as provided for in Article 2(1).
Amendment 146 #
Proposal for a directive
Recital 9
Recital 9
(9) Due to the unpredictability of on- demand work including zero-hour contracts, the derogation of 8 hours per monthweek should not be used for employment relationships in which no guaranteed amount of paid work is determined before the start of the employment.
Amendment 178 #
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. Based on the principle of equal treatment workers who pay the same social security contributions are entitled to receive the same 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 205 #
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 the law of Member States governing the employment relationship provides otherwise, these obligations apply if 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 232 #
Proposal for a directive
Recital 21
Recital 21
(21) Workers whose work schedule is mostly varipattern is entirely or mostly unpredictable should benefit from a minimum predictability of work where the work schedule is mainly determined by the employer, be it directly – for instance by allocating work assignments – or indirectly – for instance by requiring the worker to respond to clients' requests.
Amendment 240 #
Proposal for a directive
Recital 23
Recital 23
(23) A reasonable minimum advance notice, 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 schedulepatterns which are varientirely or mostly unpredictable orand mostly determined by the employer. The length of the advance notice period may vary 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 255 #
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 a written response from the employer, which takes into account the needs and possibilities of the employer and of the worker.
Amendment 291 #
Proposal for a directive
Recital 33
Recital 33
Amendment 314 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. The purpose of this Directive is to improve working conditions by promoting more secure and predictable employment while ensuring labour market adaptability and maintaining competitiveness of micro, small and medium-sized enterprises.
Amendment 324 #
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 Union who have an employment contract or employment relationship as defined by the law, collective agreements or practice in force in each Member State.
Amendment 340 #
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
3. Member States may decide not to apply the obligations in this Directive to workers who have an employment relationship equal to or less than 816 hours in total in a reference period of one month. Time worked with all employers forming or belonging to the same enterprise, group or entity shall count towards that 8 hour period.
Amendment 375 #
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
Amendment 390 #
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
Amendment 398 #
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
Amendment 434 #
Proposal for a directive
Article 3 – paragraph 2 – point g
Article 3 – paragraph 2 – point g
Amendment 462 #
Proposal for a directive
Article 3 – paragraph 2 – point k
Article 3 – paragraph 2 – point k
(k) if the work schedulepattern is entirely or mostly not varipredictable, the length of the worker’s standard working day or week and any arrangements for overtime and its remuneration;
Amendment 472 #
Proposal for a directive
Article 3 – paragraph 2 – point l – introductory part
Article 3 – paragraph 2 – point l – introductory part
(l) if the work schedulepattern is entirely or mostly variunpredictable, the principle that the work schedule is varipattern is unpredictable, the amount of guaranteed paid hours, the remuneration of work performed in addition to the guaranteed hours and, if the work schedulepattern is entirely or mostly determinedunpredictable, by the employer:
Amendment 491 #
Proposal for a directive
Article 3 – paragraph 2 – point n
Article 3 – paragraph 2 – point n
Amendment 525 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The information referred to in Article 3(2) shall be provided individually to the worker in the form of a document at the latest on the first day of the employment relationshipwithin 30 days from the first actual day at work. That document may be provided and transmitted electronically as long as it is easily accessible by the worker and can be stored and printed.
Amendment 535 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 561 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall ensure that any substantial 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 day it takes effect.
Amendment 569 #
Proposal for a directive
Article 6 – title
Article 6 – title
Additional information for workers posted or sent abroad
Amendment 593 #
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 appropriate, be given in the form of a reference to thespecific provisions of laws, regulations and administrative or statutory provisionacts or collective agreements governing those particular points, provided that such collective agreements are easily accessible for workers.
Amendment 603 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Unless the law of Member States which governs the employment contract provide otherwise, paragraphs 1 and 2 shall not apply if the duration of each work period outside the Member State in which the worker habitually works is four consecutive weeks or less.
Amendment 607 #
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 six months, inclunotwithstanding any extensions in accordance with national law.
Amendment 663 #
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
Member States shall ensure that where a worker's work schedulepattern is entirely or mostly variunpredictable and entirely or mostly determined by the employer, the worker may be required to work by the employer only:
Amendment 667 #
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, in accordance with Article 3(2)(l)(ii). Member States shall in cooperation with social partners determine reasonable periods in regard to specific sectors. This shall be without prejudice to overtime work required in accordance with national law and practice as well as the conditions of the employment contract.
Amendment 716 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shallmay 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 733 #
Proposal for a directive
Article 11
Article 11
Amendment 734 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Amendment 771 #
Proposal for a directive
Article 13
Article 13
Amendment 773 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Amendment 787 #
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), Article 5, or Article 6, and the employer has failed to rectify that omission within 15 days of its notification, one of the following systems shall apply:
Amendment 793 #
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 804 #
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.
Amendment 853 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive or the relevant provisions already in force concerning the rights which are within the scope of this Directive. Member States shall take all measures necessary to ensure that those penalties are applied. Penalties shall be effective, proportionate and dissuasive. They may take the form of a fine. They may also comprise payment of compensation.