Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | EMPL |
CASA David (![]() |
ARENA Maria (![]() ![]() ![]() ![]() ![]() ![]() |
Committee Opinion | JURI |
BERGERON Joëlle (![]() |
Enrico GASBARRA (![]() |
Committee Opinion | FEMM |
KOZŁOWSKA Agnieszka (![]() |
Daniela AIUTO (![]() ![]() ![]() ![]() ![]() |
Lead committee dossier:
Legal Basis:
TFEU 153-p1, TFEU 153-p2-a2
Legal Basis:
TFEU 153-p1, TFEU 153-p2-a2Subjects
Events
PURPOSE: to ensure the effective implementation of gender equality with regard to labour market opportunities and treatment at work across the Union.
LEGISLATIVE ACT: Directive (EU) 2019/1158 of the European Parliament and of the Council on work-life balance for parents and carers and repealing Council Directive 2010/18/EU.
CONTENT: this Directive lays down minimum requirements designed to achieve equality between men and women with regard to labour market opportunities and treatment at work, by facilitating the reconciliation of work and family life for workers who are parents, or carers.
The Directive applies to all workers, men and women, who have an employment contract or employment relationship as defined by the law, collective agreements or practice in force in each Member State, taking into account the case-law of the Court of Justice
Member States have the option of introducing or maintaining provisions that are more favourable to workers.
The Directive lays down the individual rights in the following areas:
Paternity leave
Under this Directive, fathers or, where and insofar as recognised by national law, equivalent second parents, shall have the right to paternity leave of 10 working days that is to be taken on the occasion of the birth of the worker's child. Member States may determine whether to allow paternity leave to be taken partly before or only after the birth of the child and whether to allow such leave to be taken in flexible ways.
The right to paternity leave shall not be made subject to a period of work qualification or to a length of service qualification. The right to paternity leave shall be granted irrespective of the worker's marital or family status, as defined by national law.
Member States may make the right to a payment or an allowance subject to periods of previous employment, which shall not exceed six months immediately prior to the expected date of the birth of the child.
Parental leave
Each worker shall have an individual right to parental leave of four months that is to be taken before the child reaches a specified age, up to the age of eight, to be specified by each Member State or by collective agreement. That age shall be determined with a view to ensuring that each parent is able to exercise their right to parental leave effectively and on an equal basis.
Where Member States ensure a payment or an allowance of at least 65 % of the worker's net wage, which may be subject to a ceiling, for at least six months of parental leave for each parent, they may decide to maintain such system rather than provide for the payment or allowance.
Member States shall:
- ensure that two months of parental leave cannot be transferred;
- establish a reasonable period of notice that is to be given by workers to employers where they exercise their right to parental leave;
- take the necessary measures to ensure that when considering requests for full-time parental leave, employers shall, prior to any postponement in accordance with paragraph 5, offer, to the extent possible, flexible ways of taking parental leave.
Carers' leave
This new concept means leave from work for workers in order to provide personal care or support to a relative, or to a person who lives in the same household as the worker, and who is in need of significant care or support for a serious medical reason, as defined by each Member State.
Each worker has the right to carers' leave of five working days per year. Member States may determine additional details regarding the scope and conditions of carers' leave in accordance with national law or practice. The use of that right may be subject to appropriate substantiation, in accordance with national law or practice.
Member States may allocate carers' leave on the basis of a reference period other than a year, per person in need of care or support, or per case.
Flexible working arrangements
Workers with children up to a specified age, which shall be at least eight years, and carers, shall have the right to request flexible working arrangements for caring purposes. Employers shall consider and respond to requests for flexible working arrangements within a reasonable period of time, taking into account the needs of both the employer and the worker. Employers shall provide reasons for any refusal of such a request or for any postponement of such arrangements.
Member States may make the right to request flexible working arrangements subject to a period of work qualification or to a length of service qualification, which shall not exceed six months.
Protection against adverse treatment or consequences
Member States shall introduce measures necessary to protect workers, including workers who are employees' representatives, from any adverse treatment by the employer or adverse consequences resulting from a complaint lodged within the undertaking or any legal proceedings for the purpose of enforcing compliance with the requirements laid down in this Directive.
Where workers who consider that they have been dismissed on the grounds that they have applied for, or have taken leave, shall establish, before a court or other competent authority, facts capable of giving rise to a presumption that they have been dismissed on such grounds, it shall be for the employer to prove that the dismissal was based on other grounds.
ENTRY INTO FORCE: from 1.8.2019.
TRANSPOSITION: 2.8.2022 at the latest.
The European Parliament adopted by 490 votes to 82, with 48 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council on work-life balance for parents and carers and repealing Council Directive 2010/18/EU.
The European Parliament’s position adopted at first reading under the ordinary legislative procedure amended the Commission proposal as follows:
Subject matter and scope
The proposed Directive lays down minimum requirements designed to achieve equality between men and women with regard to labour market opportunities and treatment at work, by facilitating the reconciliation of work and family life for workers who are parents, or carers. To that end, this Directive provides for individual rights related to the following: (i) paternity leave, parental leave and carers’ leave; (ii) flexible working arrangements for workers who are parents, or carers.
The Directive shall apply to all workers, men and women, who have an employment contract or employment relationship as defined by the law, collective agreements or practice in force in each Member State, taking into account the case-law of the Court of Justice.
Paternity leave
Under the amended text, Member States shall take the necessary measures to ensure that fathers or, where and in so far as recognised by national law, equivalent second parents, have the right to paternity leave of 10 working days that is to be taken on the occasion of the birth of the worker’s child. Member States may determine whether to allow paternity leave to be taken partly before or only after the birth of the child and whether to allow such leave to be taken in flexible ways.
The right to paternity leave shall not be made subject to a period of work qualification or to a length of service qualification.
Parental leave
Member States shall take the necessary measures to ensure that each worker has an individual right to parental leave of four months that is to be taken before the child reaches a specified age, up to the age of eight, to be specified by each Member State or by collective agreement. That age shall be determined with a view to ensuring that each parent is able to exercise their right to parental leave effectively and on an equal basis.
Member States shall:
- ensure that two months of parental leave cannot be transferred;
- establish a reasonable period of notice to be given by workers to employers where they exercise their right to parental leave;
- provide that the request for parental leave must specify the desired start and end dates of the leave period;
- take the necessary measures to ensure that workers have the right to request parental leave using a flexible solution;
- take the necessary measures to ensure that, when considering requests for full-time parental leave, employers offer, as far as possible, flexible ways of taking parental leave.
Carers’ leave
This has been defined as leave from work for workers in order to provide personal care or support to a relative, or to a person who lives in the same household as the worker, and who is in need of significant care or support for a serious medical reason, as defined by each Member State.
Member States shall take the necessary measures to ensure that each worker has the right to carers’ leave of five working days per year. Member States may determine additional details regarding the scope and conditions of carers’ leave in accordance with national law or practice. Member States may allocate carers ’ leave on the basis of a reference period other than a year, per person in need of care or support, or per case.
Payment or allowance
With regard to paternity leave, such payment or allowance shall guarantee an income at least equivalent to that which the worker concerned would receive in the event of a break in the worker’s activities on grounds connected with the worker’s state of health, subject to any ceiling laid down in national law. Member States may make the right to a payment or an allowance subject to periods of previous employment, which shall not exceed six months immediately prior to the expected date of the birth of the child.
With regard to parental leave, such payment or allowance shall be defined by the Member State or the social partners and shall be set in such a way as to facilitate the take-up of parental leave by both parents.
Where Member States ensure a payment or an allowance of at least 65 % of the worker’s net wage, which may be subject to a ceiling, for at least six months of parental leave for each parent, they may decide to maintain such system rather than provide for the payment or allowance.
Flexible work arrangements
Member States shall take the necessary measures to ensure that workers with children up to a specified age, which shall be at least eight years, and carers, have the right to request flexible working arrangements for caring purposes. Employers shall provide reasons for any refusal of such a request or for any postponement of such arrangements.
Member States may make the right to request flexible working arrangements subject to a period of work qualification or to a length of service qualification, which shall not exceed six months.
Workers who exercise their right to take leave or to request flexible working arrangements as provided for in this Directive shall enjoy protection from dismissal and any preparatory steps for a possible dismissal on the grounds that they have applied for, or have taken, such leave or that they have exercised their right to request such flexible working arrangements. Workers who consider that they have been dismissed on the basis that they have exercised such rights shall be able to ask the employer to provide duly substantiated grounds for the dismissal. Where a worker has applied for, or has taken, paternity leave, parental leave or carers’ leave as referred to in this Directive, the employer shall provide the grounds for dismissal in writing.
The Committee on Employment and Social Affairs adopted the report by David CASA (EPP, MT) on the proposal for a directive of the European Parliament and of the Council on work-life balance for parents and carers and repealing Council Directive 2010/18/EU.
The Committee on Women's Rights and Gender Equality, exercising its prerogatives as an Associate Committee under Rule 54 of the Rules of Procedure of the European Parliament , has also expressed its opinion on the report.
The legislative proposal focuses on measures that address the under-representation of women in employment, improving conditions for the reconciliation of professional and private responsibilities, and unequal treatment and opportunities in the labour market. In addition, it encourages the strengthening of the role of men as caregivers in the family.
The committee recommended that the position of the European Parliament adopted at first reading following the ordinary legislative procedure amend the Commission proposal as follows:
Paternity leave : Members proposed that fathers or the equivalent second parents , as defined in national law, have the right to paternity leave of at least ten working days to be taken around the time of the birth, or adoption of a child. The right to paternity leave shall be granted irrespective of the length of service.
Member States shall assess whether it is appropriate to adapt the need for the conditions of access and detailed arrangements for the application of paternity leave to the needs of fathers with a disability, fathers of children with a disability including a mental health condition or a serious medical condition or illness, and single fathers, as defined in national law or practice.
Parental leave: Members proposed that workers should have an individual right to a paid parental leave of at least 4 months that could be taken before the child reaches 10 years of age. This age could be raised for children with a disability or chronic illness, adoptive parents, parents with disabilities and parents with mental health conditions. Member States shall assess the possibility of extending the provisions on parental leave laid down in the directive in regard to single parents.
Carers' leave : a carer is defined as a worker providing personal care or support to a relative or a person from the worker’s immediate circle who is not a relative, following the written request of that person , due to a serious medical reason, including a disability, a chronic illness or a mental health condition, as well as hospitalisation, surgical intervention without hospitalisation, or an age-related impairment.
Member States shall take the necessary measures to ensure that workers have the right to carers' leave of at least five working days per year, per worker. Such right may be subject to appropriate medical substantiation of the care and support needs of the worker's relative or the person for whom the worker provides care. The information concerning the medical condition shall be confidential and shall be shared only with a restricted number of services involved.
Time off and flexible working arrangements : Members proposed that Member States should be able to specify, taking into account in particular the constraints of micro, small and medium-sized enterprises, a reasonable period of notice to be given by the worker to the employer and be able to introduce a requirement for a minimum period of service, of no longer than six months, before the worker is entitled to benefit from that right.
The employer should justify any postponement of parental leave in writing. In the event of a justified deferral, the employer, where possible, should offer other flexible forms of parental leave. Members also wanted workers with a child under the age of 10 to have the right to request flexible work arrangements .
Adequate income : Member States should ensure that workers exercising their right to leave receive adequate payment or allowance. Members proposed that the level of payment or allowance should be at least 78% of the worker's gross salary for parental and carer's leave, and 80% for paternity leave.
The committee specified that the directive should not be a valid justification for reducing the rights granted to workers or reducing the level of protection already granted to workers in the Member States in any form whatsoever.
PURPOSE: establish a renewed framework to strengthen equality between men and women with regard to labour market opportunities and treatment at work across the Union and to repeal Directive 2010/18/EC .
PROPOSED ACT: Directive of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
Following the withdrawal of the Commission's 2008 proposal to revise Council Directive 92/85/EEC on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (the Maternity Leave Directive), the Commission announced its intention to prepare a new initiative that would undertake a broader approach.
This proposal for a Directive is part of a package of measures to deliver on the Commission's commitment. It aims at addressing women's under-representation in employment and support their career progression through improved conditions to reconcile their working and private duties.
In 2015, the employment rate of women (age 20-64) reached 64.3%, compared to 75.9% of men. The gender employment gap in the labour market is most acute for parents and people with other caring responsibilities.
This contributes substantially to the gender pay gap, which over the working life accumulates into gender pension gap (on average 40% in the EU).
One of the main causes for this problem is an inadequate work-life balance policy .
The current legal framework at the Union and Member States' level provides limited provisions for men to assume an equal share of caring responsibilities with women. Reducing the gap is crucial to achieving greater gender equality.
IMPACT ASSESSMENT: a preferred combination of options was identified which includes the following:
maternity leave : non-legislative measures to enhance the enforcement of current legislation on dismissal protection; paternity leave : introduction of an individual entitlement of 10 working days, paid at least at sick-pay level; parental leave : revision of currently existing entitlement in order to provide for (i) the right for flexible uptake (i.e., part-time, piecemeal), (ii) 4 months leave non-transferable between parents, and (iii) payment of 4 months at, at least, sick-pay level; carers' leave: introduction of an individual entitlement of 5 days per year, paid at, at least, sick pay level; flexible working arrangements : right for parents of children up to 12 and carers to request flexibility in working hours, schedule or place of work for a set period of time, with no obligation for the employer to grant the requested change.
CONTENT: the general objective of this proposed Directive is to ensure the implementation of the principle of equality between men and women with regard to labour market opportunities and treatment at work.
Through adapting and modernising the EU legal framework, the Directive will allow parents and people with caring responsibilities to reconcile better their work and caring duties. The Directive builds on the existing rights and strengthens them in places or introduces new rights. It does maintain the level of protection already offered by the EU acquis.
The specific objectives of the Directive are defined as follows:
to improve access to work-life balance arrangements – such as leaves and flexible working arrangements; to increase take-up of family-related leaves and flexible working arrangements by men.
Minimum requirements : the proposal lays down minimum requirements designed to achieve equality between men and women with regard to labour market opportunities and treatment at work through facilitating the reconciliation of work and family life for working parents and carers.
To that end, it provides for individual rights related to: (i) paternity leave, parental leave and carers' leave; (ii) flexible working arrangements for working parents and carers.
Scope : the proposal applies to all workers, men and women, who have an employment contract or employment relationship.
- Paternity leave : the text introduces the right for fathers to take paternity leave in the form of a short period of leave, not less than 10 working days , on the occasion of the birth of their child. This leave is intended to be taken around the time of the birth and it has to be clearly linked to this event.
In order to avoid any discrimination between married and unmarried couples and between heterosexual and homosexual couples, the right to paternity leave should be without prejudice to marital or family status as defined in national law.
- Parental leave : it is stated that a the majority of fathers do not avail themselves of their right to parental leave or transfer a considerable proportion of their leave entitlement to mothers. It is considered that the current Parental leave Directive has been insufficient in enabling both parents to make equal use of their entitlements.
This provision aims at tackling the shortcomings identified by (i) establishing a minimum period of parental leave of at least four months of parental leave which cannot be transferred between parents , (ii) introducing more flexibility as regards the forms in which the parental leave can be taken (full-time or part-time basis, or in other flexible forms), given that flexibility makes it more likely that parents, in particular fathers, will take up their entitlement to such leave.
Another provision in this Directive address the issue of remuneration during leave as this has a major impact on the take up of leave by fathers. The provision leaves it for Member States to decide on (i) the length of the notice period to be given by the worker, (ii) on whether or not the right to parental leave may be subject to a period of work qualification and/or a length of service qualification, and (iii) defining the circumstances in which the employer may be allowed to postpone the granting of parental leave by a reasonable period.
Lastly, this provision aims at ensuring that Member States should assess the need for adjusting the conditions of access and detailed arrangements of parental leave to the specific needs of parents in particularly disadvantaged situations related to disability or long-term illness and adoptive parents.
- Carers' leave : this provision introduces the new annual right for workers to take a period of leave from work in the event of serious illness or dependency of a relative. In order to protect the employer from abuse of this right, proof of the illness or the dependency situation may be required prior to granting of the leave.
Time off from work on grounds of force majeure : it is also provided to maintain the existing workers' right to take time off work in case of force majeure. This right, already foreseen by the Parental Leave Directive, can be used by all workers (not only parents or care-givers within the meaning of this Directive) for urgent family reasons.
Adequate income : the proposal establishes the right for workers making use of the different types of leave to receive an adequate allowance during the minimum period of leave . The level of the allowance should be at least equivalent to the level of sick pay .
Flexible working arrangements : the Parental Leave Directive already provides for the possibility to ask for two types of flexible working arrangements (working patterns and working hours) for parents returning from parental leave. The current proposal extends these two existing forms to a third form of flexible working arrangement ( remote working possibilities ) and further extends the personal scope of those rights to all carers and workers with children up to a given age, which shall be at least twelve .
In order to take account of the needs of employers and workers, this provision gives Member States the possibility to limit the duration of flexible working arrangements .
Employment rights : the Parental Leave Directive includes the right to return to the same job or, if that is not possible, to an equivalent or similar job, the right to maintain rights acquired or in the process of being acquired by the worker on the date on which parental leave starts. The proposal builds on the existing rights and equally foresees the minimum protection of the employment rights of parents and carers through allowing them to return to their (equivalent) job, to benefit from any improvement of working conditions during their absence , to maintain their acquired rights and to maintain their employment relationship while being on leave.
Protection from dismissal and burden of proof : the Parental Leave Directive already provides protection against dismissal on the grounds of an application for, or the taking of, parental leave. If, in spite of this protection, a worker considers that he or she has been dismissed on the grounds of applying for or enjoying the rights referred to in the proposed Directive, or 6, or of exercising the right to request flexible working arrangements, this provision places on the employer the burden to prove that the dismissal was due to other objective reasons .
Penalties : the provision requires Member States to provide for effective, proportionate and dissuasive penalties, be it fines and/or compensations, for breaches of the obligations under this Directive, and to make sure that they are applied.
This provision requires Member States to provide workers complaining about breaches of national provision adopted pursuant to this Directive with adequate judicial protection against any adverse treatment or consequences by the employer, without which the effective implementation of the principle of equal treatment would not be possible.
Transposition and implementation : at the time of its entry into force, Directive 2010/18/EU on parental leave shall be repealed . Member States shall have two years to transpose the proposal for a Directive into national law. Member States may entrust the Social Partners with the implementation of the Directive.
Documents
- Final act published in Official Journal: Directive 2019/1158
- Final act published in Official Journal: OJ L 188 12.07.2019, p. 0079
- Contribution: COM(2017)0253
- Draft final act: 00020/2019/LEX
- Commission response to text adopted in plenary: SP(2019)443
- Results of vote in Parliament: Results of vote in Parliament
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 1st reading: T8-0348/2019
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: PE636.275
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: GEDA/A/(2019)001488
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2019)001488
- Committee report tabled for plenary, 1st reading: A8-0270/2018
- Amendments tabled in committee: PE625.339
- Amendments tabled in committee: PE622.226
- Committee opinion: PE618.327
- Committee opinion: PE606.271
- Amendments tabled in committee: PE620.919
- Amendments tabled in committee: PE621.003
- Amendments tabled in committee: PE619.262
- Committee draft report: PE618.193
- Debate in Council: 3583
- Economic and Social Committee: opinion, report: CES2275/2017
- Committee of the Regions: opinion: CDR3138/2017
- Contribution: COM(2017)0253
- Contribution: COM(2017)0253
- Reasoned opinion: PE607.875
- Reasoned opinion: PE607.840
- Reasoned opinion: PE607.873
- Contribution: COM(2017)0253
- Reasoned opinion: PE607.882
- Contribution: COM(2017)0253
- Contribution: COM(2017)0253
- Contribution: COM(2017)0253
- Contribution: COM(2017)0253
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2017)0202
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2017)0203
- Legislative proposal published: COM(2017)0253
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: EUR-Lex SWD(2017)0202
- Document attached to the procedure: EUR-Lex SWD(2017)0203
- Reasoned opinion: PE607.882
- Reasoned opinion: PE607.840
- Reasoned opinion: PE607.873
- Reasoned opinion: PE607.875
- Committee of the Regions: opinion: CDR3138/2017
- Economic and Social Committee: opinion, report: CES2275/2017
- Committee draft report: PE618.193
- Amendments tabled in committee: PE619.262
- Amendments tabled in committee: PE620.919
- Amendments tabled in committee: PE621.003
- Committee opinion: PE606.271
- Committee opinion: PE618.327
- Amendments tabled in committee: PE622.226
- Amendments tabled in committee: PE625.339
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2019)001488
- Commission response to text adopted in plenary: SP(2019)443
- Draft final act: 00020/2019/LEX
- Contribution: COM(2017)0253
- Contribution: COM(2017)0253
- Contribution: COM(2017)0253
- Contribution: COM(2017)0253
- Contribution: COM(2017)0253
- Contribution: COM(2017)0253
- Contribution: COM(2017)0253
- Contribution: COM(2017)0253
Activities
- Tania GONZÁLEZ PEÑAS
Plenary Speeches (2)
- Marianne THYSSEN
Plenary Speeches (2)
- Enrique CALVET CHAMBON
Plenary Speeches (1)
- Nicola CAPUTO
Plenary Speeches (1)
- Michael DETJEN
Plenary Speeches (1)
- Elena GENTILE
Plenary Speeches (1)
- Antanas GUOGA
Plenary Speeches (1)
- Czesław HOC
Plenary Speeches (1)
- Agnieszka KOZŁOWSKA
Plenary Speeches (1)
- Kostadinka KUNEVA
Plenary Speeches (1)
- Barbara MATERA
Plenary Speeches (1)
- Miroslavs MITROFANOVS
Plenary Speeches (1)
- Elisabeth MORIN-CHARTIER
Plenary Speeches (1)
- Marijana PETIR
Plenary Speeches (1)
- Sofia RIBEIRO
Plenary Speeches (1)
- Daciana Octavia SÂRBU
Plenary Speeches (1)
- Siôn SIMON
Plenary Speeches (1)
- Helga STEVENS
Plenary Speeches (1)
- Marita ULVSKOG
Plenary Speeches (1)
- Renate WEBER
Plenary Speeches (1)
- Maria Gabriela ZOANĂ
Plenary Speeches (1)
- Jana ŽITŇANSKÁ
Plenary Speeches (1)
Votes
A8-0270/2018 - David Casa - Vote procédural #
CY | EE | EL | IE | SE | SK | LU | LV | FI | DK | SI | AT | HR | MT | CZ | LT | HU | PT | ES | BE | NL | BG | GB | RO | PL | FR | IT | DE | ||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Total |
2
|
3
|
12
|
10
|
16
|
10
|
6
|
7
|
11
|
11
|
7
|
16
|
8
|
6
|
16
|
9
|
16
|
21
|
44
|
21
|
24
|
16
|
52
|
27
|
39
|
64
|
57
|
82
|
|
![]() |
47
|
1
|
3
|
1
|
1
|
1
|
1
|
1
|
3
|
1
|
1
|
1
|
Spain Verts/ALE |
2
|
2
|
United Kingdom Verts/ALEFor (6) |
4
|
1
|
Germany Verts/ALEFor (12) |
||||||||||
![]() |
44
|
2
|
Greece GUE/NGL |
4
|
1
|
1
|
1
|
2
|
4
|
3
|
1
|
France GUE/NGLFor (5) |
2
|
Germany GUE/NGLFor (7) |
|||||||||||||||
![]() |
14
|
Greece NIFor (2)Against (3) |
1
|
1
|
2
|
1
|
1
|
1
|
2
|
||||||||||||||||||||
![]() |
28
|
1
|
United Kingdom EFDDFor (3)Against (6) |
1
|
France EFDDAgainst (5) |
Italy EFDDAgainst (10)Abstain (1) |
1
|
||||||||||||||||||||||
![]() |
29
|
4
|
1
|
3
|
2
|
1
|
France ENFAgainst (10)Abstain (3) |
Italy ENFAgainst (5) |
|||||||||||||||||||||
![]() |
59
|
2
|
3
|
1
|
1
|
3
|
1
|
4
|
2
|
2
|
United Kingdom ECRFor (1)Against (15) |
2
|
Poland ECRAgainst (13)Abstain (2) |
2
|
Germany ECRAgainst (5) |
||||||||||||||
![]() |
63
|
2
|
1
|
3
|
1
|
4
|
2
|
1
|
1
|
2
|
4
|
3
|
1
|
Spain ALDEFor (1)Against (7) |
Belgium ALDEAgainst (6) |
Netherlands ALDEAgainst (6) |
4
|
1
|
3
|
France ALDEAgainst (7) |
3
|
||||||||
![]() |
151
|
2
|
1
|
Sweden S&DFor (1)Against (4) |
Slovakia S&DFor (2)Against (1)Abstain (1) |
1
|
1
|
2
|
3
|
1
|
Austria S&DFor (2)Against (2) |
1
|
3
|
3
|
2
|
3
|
Portugal S&DAgainst (8) |
10
|
4
|
3
|
4
|
United Kingdom S&DFor (2)Against (11) |
12
|
Poland S&D |
France S&DFor (2)Against (9) |
Italy S&DAgainst (21)
Alessia Maria MOSCA,
Brando BENIFEI,
Caterina CHINNICI,
Cécile Kashetu KYENGE,
Damiano ZOFFOLI,
Daniele VIOTTI,
Elena GENTILE,
Enrico GASBARRA,
Flavio ZANONATO,
Giuseppe FERRANDINO,
Isabella DE MONTE,
Luigi MORGANO,
Massimo PAOLUCCI,
Michela GIUFFRIDA,
Nicola CAPUTO,
Nicola DANTI,
Paolo DE CASTRO,
Pier Antonio PANZERI,
Renata BRIANO,
Roberto GUALTIERI,
Silvia COSTA
Abstain (1) |
Germany S&DFor (1)Against (19) |
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178
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1
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4
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2
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3
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3
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4
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2
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4
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3
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Czechia PPEFor (1)Against (4) |
3
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Hungary PPEAgainst (11) |
Portugal PPEAgainst (8) |
Spain PPEAgainst (14)
Agustín DÍAZ DE MERA GARCÍA CONSUEGRA,
Antonio LÓPEZ-ISTÚRIZ WHITE,
Carlos ITURGAIZ,
Esteban GONZÁLEZ PONS,
Francisco José MILLÁN MON,
Francisco de Paula GAMBUS MILLET,
Gabriel MATO,
José Ignacio SALAFRANCA SÁNCHEZ-NEYRA,
Pilar AYUSO,
Pilar del CASTILLO VERA,
Ramón Luis VALCÁRCEL SISO,
Rosa ESTARÀS FERRAGUT,
Santiago FISAS AYXELÀ,
Verónica LOPE FONTAGNÉ
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4
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Netherlands PPEAgainst (5) |
Bulgaria PPEAgainst (6) |
2
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Romania PPEAgainst (10) |
Poland PPEAgainst (16)
Adam SZEJNFELD,
Agnieszka KOZŁOWSKA,
Andrzej GRZYB,
Barbara KUDRYCKA,
Bogdan Andrzej ZDROJEWSKI,
Bogusław SONIK,
Czesław Adam SIEKIERSKI,
Danuta JAZŁOWIECKA,
Danuta Maria HÜBNER,
Jan OLBRYCHT,
Jarosław KALINOWSKI,
Jerzy BUZEK,
Julia PITERA,
Krzysztof HETMAN,
Róża THUN UND HOHENSTEIN,
Tadeusz ZWIEFKA
Abstain (1) |
France PPEFor (1)Against (17) |
Italy PPEFor (1)Against (8) |
Germany PPEAgainst (32)
Albert DESS,
Andreas SCHWAB,
Angelika NIEBLER,
Axel VOSS,
Birgit COLLIN-LANGEN,
Christian EHLER,
Daniel CASPARY,
David McALLISTER,
Dennis RADTKE,
Dieter-Lebrecht KOCH,
Elmar BROK,
Godelieve QUISTHOUDT-ROWOHL,
Hermann WINKLER,
Ingeborg GRÄSSLE,
Jens GIESEKE,
Joachim ZELLER,
Karl-Heinz FLORENZ,
Manfred WEBER,
Markus FERBER,
Michael GAHLER,
Monika HOHLMEIER,
Norbert LINS,
Peter JAHR,
Peter LIESE,
Rainer WIELAND,
Reimer BÖGE,
Renate SOMMER,
Sabine VERHEYEN,
Stefan GEHROLD,
Sven SCHULZE,
Thomas MANN,
Werner LANGEN
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A8-0270/2018 - David Casa - Am 102 #
Amendments | Dossier |
1246 |
2017/0085(COD)
2017/12/04
JURI
141 amendments...
Amendment 100 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall take the necessary measures to ensure that
Amendment 101 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall take the necessary measures to ensure that workers have an individual right to parental leave of at least four months to be taken before the child reaches
Amendment 102 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall take the necessary measures to ensure that workers have an individual right to parental leave of at least four months to be taken before the child reaches a given age which shall be at least
Amendment 103 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall take the necessary measures to ensure that workers have an individual right to parental leave of at least four months to be taken before the child reaches a given age which shall be
Amendment 104 #
Proposal for a directive Article 5 – paragraph 1 – subparagraph 1 (new) The length of parental leave shall be extendible for parents looking after a child with a disability or serious illness.
Amendment 105 #
Proposal for a directive Article 5 – paragraph 1 a (new) Amendment 106 #
Proposal for a directive Article 5.º – paragraph 1 a (new) 1a. The length of parental leave shall be doubled for parents looking after a child with a disability or serious illness.
Amendment 107 #
Proposal for a directive Article 5.º – paragraph 1 b (new) 1b. The length of parental leave shall be doubled for single parents.
Amendment 108 #
Proposal for a directive Article 5 – paragraph 2 2. Where Member States allow one parent to transfer their parental leave entitlement to the other parent, they shall
Amendment 109 #
Proposal for a directive Article 5 – paragraph 2 2. Where Member States allow one parent to transfer their parental leave entitlement to the other parent, they shall ensure that at least three of the four months of parental leave cannot be transferred.
Amendment 110 #
Proposal for a directive Article 5 – paragraph 2 2. Where Member States allow one parent to transfer their parental leave entitlement to the other parent, they shall ensure that at least
Amendment 111 #
Proposal for a directive Article 5.º – paragraph 2 2. Where Member States allow one parent to transfer their parental leave entitlement to the other parent, they shall ensure that at least
Amendment 112 #
Proposal for a directive Article 5 – paragraph 4 4. Member States may make the right to parental leave subject to a period of work qualification or a length of service qualification which shall not exceed one year. In the case of successive fixed-term contracts, within the meaning of Council Directive 1999/70/EC21, with the same employer, the sum of those contracts shall be compulsorily taken into account for the purpose of calculating the qualifying period. _________________ 21 Council Directive of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ L 175, 10.7.1999, p.43).
Amendment 113 #
Proposal for a directive Article 5 – paragraph 4 4. Member States may make the right to parental leave subject to a period of work qualification or a length of service qualification which shall not exceed
Amendment 114 #
Proposal for a directive Article 5.º – paragraph 4 4. Member States may make the right to parental leave subject to a period of work qualification or a length of service qualification which shall not exceed
Amendment 115 #
Proposal for a directive Article 5 – paragraph 5 5. Member States may define the circumstances in which an employer, following consultation in accordance with national law, collective agreements and/or practice, may be allowed to postpone the granting of parental leave by a reasonable period of time on the grounds that it would seriously disrupt the good functioning of the establishment. Employers shall justify any postponement of parental leave in writing. In any case, the employer shall be prevented to impose on the parent any arrangement that allows for unsocial working hours.
Amendment 116 #
Proposal for a directive Article 5 – paragraph 5 5. Member States may define the circumstances in which an employer,
Amendment 117 #
Proposal for a directive Article 5 – paragraph 5 a (new) 5a. Workers shall be informed in writing at the start of employment about their rights and obligations resulting from the employment relationship, including on the probation period.
Amendment 118 #
Proposal for a directive Article 5 – paragraph 5 b (new) 5b. Employment relationships that lead to precarious working conditions, including unsocial working hours, shall be prevented.
Amendment 119 #
Proposal for a directive Article 5 – paragraph 7 7. Member States shall assess the need for the conditions of access and detailed arrangements for the application of parental leave to be
Amendment 120 #
Proposal for a directive Article 6 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to carers' leave of at least
Amendment 121 #
Proposal for a directive Article 6 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to paid carers' leave of at least
Amendment 122 #
Proposal for a directive Article 6 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to carers' leave of at least
Amendment 123 #
Proposal for a directive Article 6 – paragraph 1 Member States shall take the necessary
Amendment 124 #
Proposal for a directive Article 6 a (new) Article 6a Leave for mothers and fathers with a disability The Member States shall guarantee that the length of the types of leave described in this Directive is extendible by at least 50% for mothers and fathers with a disability.
Amendment 125 #
Proposal for a directive Article 7 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to time off from work
Amendment 126 #
Proposal for a directive Article 7 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to time off from work on grounds of force majeure for urgent family reasons in cases of illness or accident making the immediate presence of the worker indispensable. Member States may
Amendment 127 #
Proposal for a directive Article 7 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to time off from work on grounds of force majeure for urgent family reasons in
Amendment 128 #
Proposal for a directive Article 7.º – paragraph 1 Member States shall take the necessary measures to ensure that
Amendment 129 #
Proposal for a directive Article 8 – paragraph 1 In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners,
Amendment 130 #
Proposal for a directive Article 8 – paragraph 1 In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 6 will receive a payment or an adequate allowance at least equivalent to
Amendment 131 #
Proposal for a directive Article 8.º – paragraph 1 In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that
Amendment 132 #
Proposal for a directive Article 8 – paragraph 1 In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 6 will receive a payment or an adequate allowance
Amendment 133 #
Proposal for a directive Article 8 – paragraph 1 – subparagraph 1 (new) The Member States may establish a pay or allowance ceiling in accordance with their national legislation.
Amendment 134 #
Proposal for a directive Article 9 – paragraph 1 1. Member States shall take the necessary measures to ensure that workers with children up to a given age, which shall be at least twelve, and carers, have the right to request flexible working arrangements for caring purposes.
Amendment 135 #
Proposal for a directive Article 9 – paragraph 1 1. Member States shall take the necessary measures to ensure that workers with children up to a given age, which shall be at least twelve, and carers, have the right to request flexible working arrangements for caring purposes. The duration of such flexible working arrangements may be subject to a reasonable
Amendment 136 #
Proposal for a directive Article 9.º – paragraph 1 1. Member States shall take the necessary measures to ensure that
Amendment 137 #
Proposal for a directive Article 9 – paragraph 1 1. Member States shall take the necessary measures to ensure that workers with children up to
Amendment 138 #
1. Member States shall take the necessary measures to ensure that workers with children up to a given age, which shall be at least t
Amendment 139 #
Proposal for a directive Article 9 – paragraph 1 1. Member States shall take the necessary measures to ensure that workers with children up to a given age, which shall be at least
Amendment 140 #
Proposal for a directive Article 9 – paragraph 2 2. Employers shall consider and respond to requests for flexible working
Amendment 141 #
Proposal for a directive Article 9.º – paragraph 2 2. Employers shall consider and respond in writing to requests for flexible working arrangements referred to in paragraph 1, taking into account the needs of both employers and
Amendment 142 #
Proposal for a directive Article 9 – paragraph 2 2. Employers shall consider and respond to requests for flexible working arrangements referred to in paragraph 1, taking into account the needs of both employers and workers. Employers shall justify in writing any refusal of such a request.
Amendment 143 #
Proposal for a directive Article 9 – paragraph 3 3. When flexible working arrangements referred to in paragraph 1 are limited in duration, the worker shall have the right to return to the original working pattern at the end of the agreed period. Provision should also be made for a 'protection period' at the time of re-entry to allow the worker an easier and more effective reintegration into professional life, bearing in mind that, in this transitional phase, the use of new technologies could help workers to move more quickly towards resuming work in a lasting, more agile manner, while updating their skills. The worker shall also have the right to request to return to the original working pattern whenever a change of circumstances so justifies. Employers shall be obliged to consider and respond to such requests, taking into account the needs of both employers and workers.
Amendment 144 #
Proposal for a directive Article 9 – paragraph 3 3.
Amendment 145 #
Proposal for a directive Article 9.º – paragraph 3 3. When flexible working arrangements referred to in paragraph 1 are limited in duration, the
Amendment 146 #
Proposal for a directive Article 11 – paragraph 1 Member States shall take the necessary measures to prohibit discrimination and less favourable treatment of workers on the ground that they have applied for, or have taken, leave referred to in Article 4, 5 or 6, or on the ground that they have exercised their right to flexible working arrangements referred to in Article 9.
Amendment 147 #
Proposal for a directive Article 11 – paragraph 1 Member States shall take the necessary measures to prohibit
Amendment 148 #
2. Workers who consider that they have been dismissed on the grounds that they have applied for, or have taken, leave referred to in Article 4, 5 or 6 or of exercising the right to request flexible working arrangements referred to in Article 9
Amendment 149 #
Proposal for a directive Article 12 – paragraph 2 2. Workers who consider that they have been dismissed on the grounds that they have applied for, or have taken, leave referred to in Article 4, 5 or 6 or of exercising the right to request flexible working arrangements referred to in Article 9 may request the employer to provide duly substantiated grounds for the dismissal. The employer shall provide in due time those grounds in writing.
Amendment 150 #
Proposal for a directive Article 12 – paragraph 3 3. Member States shall take the necessary measures to ensure that, when workers referred to in paragraph 2 establish, before a court or other competent authority, facts from which it may be presumed that there have been such dismissal, it shall be for the
Amendment 151 #
Proposal for a directive Article 13 – paragraph 1 Member States shall lay down rules on penalties applicable to breaches of 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. In cases of the inadmissible rejection of requests for parental leave or care leave - as established for parents of children with disabilities and extremely serious illnesses according to the certification drawn up by national health authorities - the obligation immediately to grant leave shall be established by the judicial authorities by an accelerated procedure.
Amendment 152 #
Proposal for a directive Article 13.º – paragraph 1 Member States shall lay down rules on penalties applicable to breaches of 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
Amendment 153 #
Proposal for a directive Article 13 – paragraph 1 Member States shall lay down rules on penalties applicable to breaches of 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.
Amendment 154 #
Proposal for a directive Article 13 – paragraph 1 Member States shall lay down rules on penalties applicable to breaches of 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
Amendment 155 #
Proposal for a directive Article 14 – paragraph 1 Member States shall introduce measures necessary to protect workers, including workers who are employees' representatives, from any adverse treatment by the employer or any form of retaliation, discrimination or adverse consequences resulting from a complaint lodged within the undertaking or any legal proceedings initiated with the aim of enforcing compliance with the rights provided for in this Directive.
Amendment 156 #
Proposal for a directive Article 14.º – paragraph 1 Member States shall introduce measures necessary to protect
Amendment 157 #
Proposal for a directive Article 15 – paragraph 1 Without prejudice to the powers of the labour inspection services or other bodies, including social services, responsible for monitoring workers' rights, Member States shall ensure that the body or bodies designated, pursuant to Article 20 of Directive 2006/54/EC, for the promotion, analysis, monitoring and support of equal treatment of parents and carers without discrimination on grounds of sex are also competent for issues falling within the scope of this Directive.
Amendment 158 #
Proposal for a directive Article 16 – paragraph 1 Member States may introduce or maintain provisions that are more favourable to workers than those laid down in this Directive, but never below the standards currently in force in national legislation. They shall however ensure that at least four months of parental leave remain non- transferable in accordance with Article 5(2) and that the leave protection is mandatory for parents of children with disabilities and extremely serious illnesses - pursuant to the certification established by the national health authorities.
Amendment 159 #
Proposal for a directive Article 16 – paragraph 1 Member States may introduce or maintain provisions that are more favourable to workers than those laid down in this Directive. They shall however ensure that at least
Amendment 160 #
Proposal for a directive Article 17 – paragraph 1 Member States shall ensure that the provisions adopted pursuant to this Directive, together with the relevant provisions already in force relating to the subject matter as set out in Article 1 of this Directive, are brought by all appropriate means and in due time to the attention of the persons concerned throughout their territory.
Amendment 161 #
Proposal for a directive Article 18 – paragraph 1 1. At the latest, by
Amendment 162 #
Proposal for a directive Article 19 – paragraph 1 a (new) Article 8 of this Directive shall not apply to any period of parental leave taken pursuant to Directive 2010/18/EU prior to … [OJ: please insert the date equivalent to two years from the entry into force of this Directive] and which has been deducted from the total parental leave entitlement under Article 5 of this Directive, as specified in paragraph 1 of this Article.
Amendment 163 #
Proposal for a directive Article 19 – paragraph 1 b (new) Notwithstanding the repeal of Directive 2010/18/EU, any period or separate cumulative periods of parental leave taken by a worker, or transferred by that worker pursuant to that Directive prior to … [OJ: please insert the date equivalent to two years from the entry into force of this Directive] may be deducted from that worker’s parental leave entitlement under Article 5 of the present Directive.
Amendment 164 #
The Member States shall without delay bring into force the laws, regulations and administrative provisions necessary to comply with this Directive, at the latest two years after the entry into force. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 165 #
Proposal for a directive Article 20 – paragraph 1 – subparagraph 1 The Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive, at the latest
Amendment 25 #
Proposal for a directive Recital 2 (2) Equality between men and women is a fundamental principle of the Union. According to Article 3 of the Treaty on European Union the promotion of equality between women and men is one of the Union's aims. Similarly, Article 23 of the Charter of Fundamental Rights of the European Union requires equality between women and men to be ensured in all areas, including employment, work and pay. This Directive contributes to these objectives by eliminating disparities, strengthening gender equality, promoting a high level of employment and consolidating the social dimension in the Union, as well as boosting upward convergence in the Member States in terms of social benefits.
Amendment 26 #
Proposal for a directive Recital 2 (2) Equality between men and women is a fundamental principle of the Union. According to Article 3 of the Treaty on European Union the promotion of equality between women and men is one of the Union's aims. Similarly, Article 23 of the Charter of Fundamental Rights of the European Union requires equality between women and men to be ensured in all areas,
Amendment 27 #
Proposal for a directive Recital 3 (3) Article 33 of the Charter of Fundamental Rights of the European Union provides for legal, economic and social protection, the right to protection from dismissal for a reason connected with maternity and the right to paid maternity leave and to parental leave following the birth or adoption of a child, to reconcile family and professional life.
Amendment 28 #
Proposal for a directive Recital 3 a (new) (3a) Article 151 of the Treaty on the Functioning of the European Union provides that the Union and the Member States, having in mind fundamental social rights such as those set out in the European Social Charter and in the Community Charter of the Fundamental Social Rights of Workers, are to have as their objective the promotion of employment, improved living and working conditions, so as to make possible their harmonisation while the improvement is being maintained, proper social protection, dialogue between management and labour, the development of human resources with a view to lasting high employment and the combating of exclusion.
Amendment 29 #
Proposal for a directive Recital 4 a (new) (4a) People with disabilities should have the right to income support that ensures living in dignity, services that enable them to participate in the labour market and in society, as well as a work environment adapted to their needs.
Amendment 30 #
Proposal for a directive Recital 4 b (new) (4b) Equality of treatment and opportunities between women and men should be ensured and fostered in all areas, including participation in the labour market, terms and conditions of employment and career progression. Women and men have the right to equal pay for work of equal value.
Amendment 31 #
Proposal for a directive Recital 5 (5) Work-life balance policies should contribute to the achievement of gender equality by promoting the participation of women in the labour market
Amendment 32 #
Proposal for a directive Recital 6 (6) At Union level, several Directives in the fields of gender equality and working conditions already address certain issues that are relevant for work-life balance, in particular Directive 2006/54/EC of the European Parliament and of the Council16, Directive 2010/41/EU of the European Parliament and of the Council17, Council Directive 92/85/EEC18, Council Directive 97/81/EC19, Council Directive 2010/18/EU20 and Council Directive 20
Amendment 33 #
Proposal for a directive Recital 6 a (new) (6a) According to the data for October 2017 (Commission statistics), the male employment rate in the EU was 71.9%, compared to a female employment rate of 61.4%, despite the fact that women have a higher level of education.
Amendment 34 #
Proposal for a directive Recital 7 (7) Work-life balance remains however a considerable challenge for many parents and workers with caring responsibilities, with a negative impact on female employment. A major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family obligations. When they have children, women tend to work less hours in paid employment and spend more time fulfilling unpaid care responsibilities. This contributes substantially to the gender pay gap (as much as to 28% in certain Member States), which accumulates over the working life into a gender pension gap (averaging 40% in the Union) and results in higher risk of poverty and social exclusion. Having an ill or dependent relative has also been shown to have a negative impact on female employment, leading some women to drop out of the labour market entirely.
Amendment 35 #
Proposal for a directive Recital 7 (7)
Amendment 36 #
Proposal for a directive Recital 7 (7) Work-life balance remains however a considerable challenge for many parents and workers with caring responsibilities, with a negative impact on female employment. A major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family obligations. When they have children, women
Amendment 37 #
Proposal for a directive Recital 7 (7) Work-life balance remains however a considerable challenge for many parents and
Amendment 38 #
Proposal for a directive Recital 7 a (new) (7a) According to Eurofound data, over three million people have left full-time employment because they lack facilities for childcare or for caring for dependent family members.
Amendment 39 #
Proposal for a directive Recital 7 a (new) (7a) Children have the right to affordable early childhood education and care of good quality.
Amendment 40 #
Proposal for a directive Recital 7 b (new) (7b) Regardless of the type and duration of their employment relationship, workers, and, under comparable conditions, the self-employed, have the right to adequate social protection.
Amendment 41 #
Proposal for a directive Recital 8 (8) The current Union legal framework provides limited incentives for men to assume an equal share of caring responsibilities. There are currently no harmonised Union rules providing for paternity leave or leave to take care of ill or dependant relatives, with exception of absence for reasons of force majeure. Lack of paid paternity and parental leave in many Member States contributes to the low take-up of such leave by fathers. The imbalance in the design of work-life balance policies between women and men reinforces gender differences between work and care. Conversely, use of work- life balance arrangements by fathers,
Amendment 42 #
Proposal for a directive Recital 8 (8) The current Union legal framework provides limited incentives for men to assume an equal share of caring responsibilities. Lack of paid paternity and parental leave in many Member States contributes to the low take-up of such leave by fathers. The imbalance or inadequacy in the design of work-life balance policies between women and men slows down growth, leads to a departure from the objectives of social inclusion, puts women at greater risk of poverty, especially in old age, and reinforces gender differences between work and care. Conversely, use of work-life balance arrangements by fathers, such as leave or flexible working arrangements, has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment and their social, economic and professional emancipation.
Amendment 43 #
Proposal for a directive Recital 8 a (new) (8a) Parents and people with caring responsibilities should have the right to suitable leave, flexible working arrangements and access to care services. Women and men should have equal access to special leaves of absence in order to fulfil their caring responsibilities and should be encouraged to use them in a balanced way.
Amendment 44 #
Proposal for a directive Recital 9 a (new) (9a) The social partners should be consulted on the design and implementation of economic, employment and social policies according to national practices. They should be encouraged to negotiate and conclude collective agreements in matters relevant to them, while respecting their autonomy and the right to collective action.
Amendment 45 #
Proposal for a directive Recital 9 a (new) (9a) It is important to achieve a balance between professional, private and family life through a broad approach which includes legislative and non- legislative actions, including effective incentives and measures, such as tax credits for childcare and for caring for people in need.
Amendment 46 #
Proposal for a directive Recital 10 (10) It is appropriate to repeal and replace Directive 2010/18/EU which currently regulates parental leave by putting into effect a framework agreement concluded between the social partners. This Directive builds, in particular, upon the rules laid down in Directive 2010/18/EU and complements them by strengthening existing rights and by introducing new rights. Nothing in the proposed Directive should be interpreted as diminishing previously existing rights under the Parental Leave Directive.
Amendment 47 #
Proposal for a directive Recital 10 (10) It is appropriate to repeal and
Amendment 48 #
Proposal for a directive Recital 11 (11) This Directive lays down minimum requirements related to paternity, parental and carers' leave and to flexible working arrangements for parents and workers with caring responsibilities
Amendment 49 #
Proposal for a directive Recital 11 (11) This Directive lays down minimum requirements related to paternity, parental and carers' leave and to flexible working arrangements for parents and workers with caring responsibilities. By facilitating the reconciliation of work and family life for parents and carers, this Directive should contribute to the Treaty-based goals of equality between men and women with regard to labour market opportunities, equal treatment at work and the promotion of a high level of employment in the Union, as well as of a decent standard of living for workers and their families.
Amendment 50 #
Proposal for a directive Recital 11 (11) This Directive lays down minimum requirements related to paternity, parental and carers' leave and to flexible working arrangements for parents and workers with caring responsibilities. By facilitating the reconciliation of work and family life for both parents and for carers, this Directive s
Amendment 51 #
Proposal for a directive Recital 12 (12) This Directive should apply to all workers who have employment contracts or other employment relationships. As is currently the case under Clause 2(3) of the Annex to Directive 2010/18/EU, this should include contracts relating to employment or employment relationships of part-time workers, fixed-term or open- ended contract workers or persons with a contract of employment or employment relationship with a temporary agency.
Amendment 52 #
Proposal for a directive Recital 12 a (new) (12a) The Directive will have to confirm the priority of establishing a good work- life balance without resorting to the introduction of precarious and atypical working conditions,
Amendment 53 #
Proposal for a directive Recital 12 b (new) (12b) The Directive also aims to improve and strengthen the provisions concerning admissibility and regulatory certainty for the granting of parental leave to those with children with disabilities or serious long-term illnesses, especially in order to avoid arbitrary treatment regarding the granting of leave for the relevant age groups going beyond the provisions of current regulations, the introduction of vouchers or special contributions to meet the costs of child care services.
Amendment 54 #
Proposal for a directive Recital 13 (13) In order to encourage a more equal
Amendment 55 #
Proposal for a directive Recital 13 (13) In order to encourage a more equal sharing of caring responsibilities between women and men, the right to paid and mandatory paternity leave for fathers to be taken on the occasion of the birth or adoption of a child should be introduced. In order to take account of differences among Member States, the right to paternity leave should be irrespective of marital or family status as defined in national law.
Amendment 56 #
Proposal for a directive Recital 13 (13) In order to encourage a more equal sharing of caring responsibilities between women and men, the right to paternity leave for
Amendment 57 #
Proposal for a directive Recital 13 (13) In order to encourage a more equal sharing of caring responsibilities between women and men, the right to paternity leave for fathers to be taken on the occasion of the birth or adoption of a child should be introduced.
Amendment 58 #
Proposal for a directive Recital 14 (14) As the majority of fathers do not avail themselves of their right to parental
Amendment 59 #
Proposal for a directive Recital 14 (14) As the majority of fathers do not avail themselves of their right to parental leave or transfer a considerable proportion of their leave entitlement to mothers, in order to encourage the second parent to take parental leave, this Directive, while maintaining the right of each parent to at least four months of parental leave currently provided for by Directive 2010/18/EU,
Amendment 60 #
Proposal for a directive Recital 15 (15) In order to provide greater possibility for parents to use parental leave as their children grow up, the right to parental leave should be granted until the child is at least twelve years old. Member States should be able to specify the period of notice to be given by the worker to the employer when applying for parental leave and to decide whether the right to parental leave may be subject to a certain period of service. In view of the growing diversity of contractual arrangements, the sum of successive fixed-term contracts with the same employer should be taken into account for the purpose of calculating the period of service. To balance the needs of workers with those of employers, Member States should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under certain circumstances. In such cases, the employer should provide written justification for the postponement. Given that flexibility makes it more likely that second parents, in particular fathers, will take up their entitlement to such leave, workers should be able to request to take parental leave on a full-time or part-time basis or in other flexible forms. It should be up to the employer whether or not to accept such a request for parental leave in other flexible forms than full-time. The Member State authorities shall ensure that employers do not discriminate against workers who request flexible working arrangements, parental leave or leave of absence for urgent family reasons. At the same time, in order to ensure balance between the interests of employers and workers, Member States should ensure that employers are protected against any abuse of such rights. Member States should also assess if the conditions and detailed arrangements of parental leave should be adapted to the specific needs of parents in particularly disadvantaged situations.
Amendment 61 #
Proposal for a directive Recital 15 (15) In order to provide greater possibility for parents to use parental leave as their children grow up, the right to parental leave should be granted until the child is at least t
Amendment 62 #
Proposal for a directive Recital 15 (15) In order to provide greater possibility for parents to use parental leave as their children grow up, the right to parental leave should be granted until the child is at least twelve years old. Member States should be able to specify the period of notice to be given by the worker to the employer when applying for parental leave and to decide whether the right to parental leave may be subject to a certain period of service. In view of the growing diversity of contractual arrangements, the sum of successive fixed-term contracts with the same employer should be taken into account for the purpose of calculating the period of service. To balance the needs of workers with those of employers, Member States should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under certain circumstances. In such cases, the employer should provide justification for the postponement. Given that the flexibility required of workers makes it more likely that second parents, in particular fathers, will take up their entitlement to such leave,
Amendment 63 #
Proposal for a directive Recital 15 (15) In order to provide greater possibility for parents to use parental leave as their children grow up, the right to parental leave should be granted until the child is at least t
Amendment 64 #
Proposal for a directive Recital 15 (15) In order to provide greater possibility for parents to use parental leave as their children grow up, the right to parental leave should be granted until the child is
Amendment 65 #
Proposal for a directive Recital 15 (15) In order to provide greater possibility for parents to use parental leave as their children grow up, the right to parental leave should be granted until the child is at least
Amendment 66 #
Proposal for a directive Recital 15 (15) In order to provide greater possibility for parents to use parental leave as their children grow up, the right to parental leave should be granted until the child is
Amendment 67 #
Proposal for a directive Recital 16 (16) In order to facilitate the return to work following parental leave,
Amendment 68 #
Proposal for a directive Recital 18 (18) In addition to the right to carers' leave provided for in this Directive, all workers should maintain their right to take time off from work
Amendment 69 #
Proposal for a directive Recital 19 (19) To increase the incentives for
Amendment 70 #
Proposal for a directive Recital 19 (19) To increase the incentives for workers with children and caring responsibilities, men in particular, to take the periods of leave provided for in this Directive, they should have the right to an adequate allowance while on leave. The level of the allowance should be a
Amendment 71 #
Proposal for a directive Recital 21 (21) In order to encourage working parents and carers to remain in the work force, those workers should be able to adapt their working schedules to their personal needs and preferences. Working parents and carers should therefore be able to request flexible working arrangements, meaning the possibility for workers to adjust their working patterns, including through the use of remote working arrangements, flexible working schedules, or a reduction in working hours, for caring purposes.
Amendment 72 #
Proposal for a directive Recital 21 (21) In order to encourage working parents and carers to remain in the work force, those workers should be able to adapt their working schedules to their personal needs and preferences, without, however, abusing this right. Working parents and carers should therefore be able to request flexible working arrangements, meaning the possibility for workers to adjust their working patterns, including through the use of remote working arrangements, flexible working schedules, or a reduction in working hours, for caring purposes. In order to address the needs of
Amendment 73 #
Proposal for a directive Recital 21 (21) In order to encourage working parents and carers to remain in the work force,
Amendment 74 #
Proposal for a directive Recital 21 (21) In order to encourage working parents and carers to remain in the work force, those workers should be able to adapt their working schedules to their personal needs and preferences. Working parents and carers should therefore be able to request flexible working arrangements, meaning the possibility for workers to
Amendment 75 #
Proposal for a directive Recital 23 (23) Workers exercising their rights to leave or to request flexible working arrangements should be protected against discrimination or any less favourable treatment on that ground. Exercising one's right to leave or flexible working arrangements should not have adverse effects on the level of employment or other working conditions.
Amendment 76 #
Proposal for a directive Recital 23 (23) Workers exercising their rights to leave or to request flexible working arrangements should be protected against discrimination, retaliation or any less favourable treatment on that ground.
Amendment 77 #
Proposal for a directive Recital 24 (24) Workers exercising their rights to take leave or to request flexible working arrangements provided for in this Directive should enjoy protection from dismissal, pressures and mobbing to the detriment of the worker and any preparations for a possible dismissal on the grounds that they applied for, or have taken such leave or have exercised the right to request such flexible working arrangements. Where workers consider that they have been dismissed on those grounds, they should be able to ask the employer to provide duly substantiated grounds for the dismissal.
Amendment 78 #
Proposal for a directive Recital 26 (26) Member States should provide for effective, proportionate and dissuasive penalties in the event of breaches of 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. The effective implementation of the principle of equal treatment requires adequate judicial protection of
Amendment 79 #
Proposal for a directive Recital 26 (26) Member States should provide for effective, proportionate and dissuasive
Amendment 80 #
Proposal for a directive Recital 30 (30)
Amendment 81 #
Proposal for a directive Article 1 – paragraph 1 This Directive lays down minimum requirements designed to achieve equality between men and women with regard to labour market opportunities and treatment at work in terms of social rights and pay through facilitating the reconciliation of work and family life for working parents and carers.
Amendment 82 #
Proposal for a directive Article 2 – paragraph 1 This Directive applies to all workers, both men and women, who have an employment contract or employment relationship as defined by the law, collective agreements or practice in force in each Member State.
Amendment 83 #
Proposal for a directive Article 2 – paragraph 1 This Directive applies to all workers, men and women, who have an employment contract or employment relationship as defined by the law, collective agreements and/or practice in force in each Member State.
Amendment 84 #
Proposal for a directive Article 2 – paragraph 1 This Directive applies to all workers, men and women, who have an employment contract or employment relationship as defined by the law, collective agreements and/or practice in force in each Member State.
Amendment 85 #
Proposal for a directive Article 3 – paragraph 1 – point a (a) "paternity leave" means paid leave from work for fathers to be taken on the occasion of the birth or adoption of a child;
Amendment 86 #
Proposal for a directive Article 3 – paragraph 1 – point b (b) “parental leave” means paid leave from work on the grounds of the birth or adoption of a child to take care of that child;
Amendment 87 #
Proposal for a directive Article 3 – paragraph 1 – point c (c) "carer" means a
Amendment 88 #
Proposal for a directive Article 3 – paragraph 1 – point d (d) "relative" means a worker's son, daughter, mother, father, spouse or partner in civil partnership, where such partnerships are envisaged by national law and also an uncle/aunt/grandfather/ grandmother/grandchild who is dependent on the worker and is shown to be in need of special care and assistance;
Amendment 89 #
Proposal for a directive Article 3 – paragraph 1 – point e (e) "dependency" "dependency" means a situation in which a person is, temporarily or permanently, in need of care due to disability or
Amendment 90 #
Proposal for a directive Article 3 – paragraph 1 – point f a (new) (fa) "single parent or carer" means a person who is neither married nor in a partnership as recognised by national law, and who has sole parental or family responsibility for a child, elderly dependents or immediate relatives with incapacitating chronic diseases.
Amendment 91 #
Proposal for a directive Article 3 – paragraph 1 – point f a (new) (fa) "single parent" means a person who is unmarried or legally separated from a spouse and has a minor or children for which the parent has either custody or joint custody.
Amendment 92 #
Proposal for a directive Article 3 – paragraph 1 – point f b (new) (fb) "unsocial hours working time" means working hours in the evenings, at night and at weekends, that prevent workers from decently organise and appreciate life outside work.
Amendment 93 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall take the necessary measures to ensure that fathers have the right to take pa
Amendment 94 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall take the necessary measures to ensure that
Amendment 95 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall take the
Amendment 96 #
Proposal for a directive Article 4.º – paragraph 1 1. Member States shall take the necessary measures to ensure that fathers have the right to take paternity leave of at least twelve
Amendment 97 #
Proposal for a directive Article 4 – paragraph 2 2. The right to paternity leave referred to in paragraph 1 shall include also single parents. It shall be granted irrespective of marital or family status as defined in national law.
Amendment 98 #
Proposal for a directive Article 4 – paragraph 2 a (new) 2a. The right to paternity leave referred to in paragraph 1 shall be granted irrespective of their length of service and the nature of their contract.
Amendment 99 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall take the necessary measures to ensure that workers have an individual right to parental leave paid at least what they are legally owed on sick days of at least four months to be taken before the child reaches a given age which shall be at least t
source: 615.311
2018/04/12
FEMM
444 amendments...
Amendment 100 #
Proposal for a directive Recital 11 (11) This Directive lays down minimum requirements related to paternity
Amendment 101 #
Proposal for a directive Recital 11 (11) This Directive lays down minimum
Amendment 102 #
Proposal for a directive Recital 11 (11) This Directive lays down recommendations for paternity leave, as well as minimum requirements related to
Amendment 103 #
Proposal for a directive Recital 12 (12) This Directive should apply to all workers who have employment contracts or other employment relationships. As is currently the case under Clause 2(3) of the Annex to Directive 2010/18/EU, this should include contracts relating to employment or employment relationships of part-time workers, fixed-term contract workers or persons with a contract of employment or employment relationship with a temporary agency. The Union should encourage Member States to extend the enjoyment of the rights set forth by this Directive to the self-employed through national legislative measures. This should especially apply in regard to the self-employed who contribute with their earnings to coverage schemes that finance compensation for the leaves. Member States should be encouraged to develop systems which would enable the self-employed to contribute to such coverage schemes
Amendment 104 #
Proposal for a directive Recital 12 (12) This Directive should apply to all workers who have employment contracts or other employment relationships. As is currently the case under Clause 2(3) of the Annex to Directive 2010/18/EU, this should include contracts relating to employment or employment relationships of part-time workers, fixed-term contract workers or persons with a contract of employment or employment relationship with a temporary agency. This Directive should also apply in legal relationships which, in accordance with the national law or judicial practice of the Member States, fulfil the characteristics of dependent employment and are therefore deemed to be employment relationships (in particular, in cases of self- employment).
Amendment 105 #
Proposal for a directive Recital 12 (12) This Directive should apply to all workers who have employment contracts or other employment relationships. As is currently the case under Clause 2(3) of the Annex to Directive 2010/18/EU, this should include contracts relating to employment or employment relationships of part-time workers, fixed-term contract workers or persons with a contract of employment or employment relationship with a temporary agency. To support entrepreneurship and take into account new forms of work, this Directive also applies to self-employed workers.
Amendment 106 #
Proposal for a directive Recital 12 (12) This Directive should apply to all workers who have employment contracts, including atypical contracts, or other employment relationships, as well as those who are self-employed. As is currently the case under Clause 2(3) of the Annex to Directive 2010/18/EU, this should include contracts relating to employment or employment relationships of part-time workers, fixed-term contract workers or persons with a contract of employment or employment relationship with a temporary agency.
Amendment 107 #
Proposal for a directive Recital 13 (13) In order to encourage a more equal sharing of caring responsibilities between women and men, the right to paternity leave for fathers to be taken within the first two years of a child’s life, preferably on the occasion of the birth or adoption of a child should be introduced. In order to take account of differences among Member States, the right to paternity leave should be irrespective of marital or family status as
Amendment 108 #
Proposal for a directive Recital 13 (13) In order to encourage a more equal sharing of caring responsibilities between women and men, the right to paternity leave for fathers to be taken on the occasion of the birth of a child should be introduced.
Amendment 109 #
Proposal for a directive Recital 13 (13) In order to encourage a more equal sharing of caring responsibilities between women and men, the right to paid and mandatory paternity leave for fathers
Amendment 110 #
Proposal for a directive Recital 13 (13) In order to encourage a more equal sharing of caring responsibilities between women and men, the right to fully paid and mandatory paternity leave for fathers or an equivalent second parent as defined in national law to be taken on the occasion of the birth or adoption of a child should be introduced. In order to take account of differences among Member States, the right to paternity leave should be irrespective of marital or family status as defined in national law.
Amendment 111 #
Proposal for a directive Recital 13 (13) In order to encourage a more equal sharing of caring responsibilities between women and men, the right to paternity
Amendment 112 #
Proposal for a directive Recital 13 (13) In order to encourage a more equal sharing of caring responsibilities between women and men, the right to paternity leave for fathers or an equivalent second parent as defined in national law to be taken on the occasion of the birth of a child should be introduced. In order to take account of differences among Member States, the right to paternity leave should be irrespective of marital or family status as defined in national law.
Amendment 113 #
Proposal for a directive Recital 13 (13) In order to encourage a more equal sharing of caring responsibilities between women and men, the right to paternity leave for fathers or an equivalent second parent as defined in national law to be taken on the
Amendment 114 #
Proposal for a directive Recital 13 (13) In order to encourage a more equal sharing of caring responsibilities between women and men, the right to paternity leave for fathers, with an obligatory period, to be taken on the occasion of the birth of a child should be introduced. In order to take account of differences among Member States, the right to paternity leave should be irrespective of marital or family status as defined in national law.
Amendment 115 #
Proposal for a directive Recital 13 (13) In order to encourage a more equal sharing of caring responsibilities between women and men, the
Amendment 116 #
Proposal for a directive Recital 13 (13) In order to encourage a more equal sharing of caring responsibilities between women and men, the right to paternity leave for fathers to be taken on the occasion of the birth or adoption of a child should be introduced. In order to take account of differences among Member States, the right to paternity leave should be irrespective of marital or family status as defined in national law.
Amendment 117 #
Proposal for a directive Recital 13 a (new) (13a) Fathers’ rights should not be recognised and strengthened at the expense of mothers’ rights, through either the withdrawal or the weakening of them. Parents should be encouraged to share family responsibilities with a view to dividing them in a balanced and fair manner. For that to be achieved, mothers’ rights and fathers’ rights must be enshrined separately so that they can exercise them in a complementary manner, free of the inequality that working and social conditions force on them, paving the way for dynamic social progress towards real equality between women and men in this as in other areas of life in society.
Amendment 118 #
Proposal for a directive Recital 13 b (new) (13b) The free decision of the woman and the couple regarding how to share parental leave must take into account not only the socio-economic and cultural elements of parenthood but also the biological elements, given the need to guarantee women support and care during pregnancy, childbirth and the postnatal and breastfeeding periods.
Amendment 119 #
Proposal for a directive Recital 14 Amendment 120 #
Proposal for a directive Recital 14 (14) As the majority of fathers do not avail themselves of their right to parental leave or transfer a considerable proportion of their leave entitlement to mothers, in order to encourage the second parent to take parental leave, this Directive, while maintaining the right of each parent to at least four months of parental leave currently provided for by Directive 2010/18/EU,
Amendment 121 #
Proposal for a directive Recital 14 (14) As the majority of fathers do not avail themselves of their right to parental leave or transfer a considerable proportion of their leave entitlement to mothers, in order to encourage the second parent to take parental leave, this Directive, while maintaining the right of each parent to at least four months of parental leave currently provided for by Directive 2010/18/EU,
Amendment 122 #
Proposal for a directive Recital 14 (14)
Amendment 123 #
Proposal for a directive Recital 14 (14)
Amendment 124 #
Proposal for a directive Recital 14 (14) As the majority of fathers do not avail themselves of their right to parental leave or transfer a considerable proportion of their leave entitlement to mothers, in order to encourage the second parent to take parental leave, this Directive, while maintaining the right of each parent to at least four months of parental leave currently provided for by Directive 2010/18/EU, extends from one to
Amendment 125 #
Proposal for a directive Recital 15 (15) In order to provide greater possibility for parents to use parental leave
Amendment 126 #
Proposal for a directive Recital 15 (15) (15) In order to provide greater possibility for parents to use parental leave as their children grow up, the right to parental leave should be granted until the child is at least
Amendment 127 #
Proposal for a directive Recital 15 (15) In order to provide greater possibility for parents to use parental leave as their children grow up, the right to
Amendment 128 #
Proposal for a directive Recital 15 (15) In order to provide greater possibility for parents to use parental leave as their children grow up, the right to parental leave should be granted until the child is at least twelve years old. Member States should be able to specify the period of notice to be given by the worker to the employer when applying for parental leave and to decide whether the right to parental leave may be subject to a certain period of service. In view of the growing diversity of contractual arrangements, the sum of successive fixed-term contracts with the same employer should be taken into account for the purpose of calculating the period of service. To balance the needs of workers with those of employers, Member States should also be able to decide whether
Amendment 129 #
Proposal for a directive Recital 15 (15) In order to provide greater possibility for parents to use parental leave as their children grow up, the right to parental leave should be granted until the child is at least twelve years old. Member States should be able to specify the period of notice to be given by the worker to the employer when applying for parental leave
Amendment 130 #
Proposal for a directive Recital 15 (15) In order to provide greater possibility for parents to use parental leave as their children grow up, the right to parental leave should be granted until the child is at least twelve years old. Member States should be able to specify the period of notice to be given by the worker to the employer when applying for parental leave and to decide whether the right to parental leave may be subject to a certain period of service, taking into account the specific conditions in micro, small- and medium- size businesses. In view of the growing diversity of contractual arrangements, the sum of successive fixed-term contracts with the same employer should be taken into account for the purpose of calculating the period of service. To balance the needs of
Amendment 131 #
Proposal for a directive Recital 15 (15) In order to provide greater possibility for parents to use parental leave as their children grow up, the right to parental leave should be granted until the child is at least twelve years old. Member States should be able to specify the period of notice to be given by the worker to the employer when applying for parental leave
Amendment 132 #
Proposal for a directive Recital 15 (15) In order to provide greater possibility for parents to use parental leave
Amendment 133 #
Proposal for a directive Recital 15 (15) In order to provide greater possibility for parents to use parental leave as their children grow up, the right to parental leave should be granted until the child is at least twelve years old. Member States should be able to specify
Amendment 134 #
Proposal for a directive Recital 15 (15) In order to provide greater possibility for parents to use parental leave as their children grow up, the right to parental leave should be granted until the child is at least twelve years old. Member States should be able to specify the period of notice to be given by the worker to the employer when applying for parental leave and to decide whether the right to parental leave may be subject to a certain period of service, taking into particular account the requirements of micro, small and medium-sized enterprises. In view of the growing diversity of contractual arrangements, the sum of successive fixed- term contracts with the same employer should be taken into account for the purpose of calculating the period of service. To balance the needs of workers with those of employers, Member States should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under certain circumstances. In such cases, the employer should provide justification for the postponement. Given that flexibility makes it more likely that second parents, in particular fathers, will take up their entitlement to such leave, workers should be able to request to take
Amendment 135 #
Proposal for a directive Recital 15 (15) In order to provide greater possibility for parents to use parental leave as their children grow up, the right to parental leave should be granted until the child is at least twelve years old. Member States should be able to specify the period of notice to be given by the worker to the employer when applying for parental leave and to decide whether the right to parental leave may be subject to a certain period of service. In view of the growing diversity of contractual arrangements, the sum of successive fixed-term contracts with the same employer should be taken into account for the purpose of calculating the period of service. To balance the needs of workers with those of employers, Member States should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under certain circumstances. In such cases, the employer should provide justification for the postponement. Given that flexibility makes it more likely that second parents, in particular fathers
Amendment 136 #
Proposal for a directive Recital 15 (15) In order to provide greater possibility for parents to use parental leave as their children grow up, the right to parental leave should be granted until the child is at least twelve years old. Member States should be able to specify the period of notice to be given by the worker to the employer when applying for parental leave and to decide whether the right to parental leave may be subject to a certain period of service. In view of the growing diversity of contractual arrangements, the sum of successive fixed-term contracts with the same employer should be taken into account for the purpose of calculating the period of service. To balance the needs of workers with those of employers, Member States should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under certain circumstances. In such cases, the employer should provide
Amendment 137 #
Proposal for a directive Recital 15 (15) In order to
Amendment 138 #
Proposal for a directive Recital 15 (15) In order to provide greater possibility for parents to use parental leave as their children grow up, the right to parental leave should be granted until the child is at least twelve years old. Member States should be able to specify the period of notice to be given by the worker to the employer when applying for parental leave and to decide whether the right to parental leave may be subject to a certain period of
Amendment 139 #
Proposal for a directive Recital 15 (15) In order to provide greater possibility for parents to use parental leave as their children grow up, the right to parental leave should be granted until the child is at least twelve years old. Member States should be able to specify the period of notice to be given by the worker to the employer when applying for parental leave
Amendment 140 #
Proposal for a directive Recital 15 a (new) Amendment 141 #
Proposal for a directive Recital 15 a (new) (15a) Against the background of an ageing society and the EU-wide trend towards an increasing retirement age, grandparents can help parents to cope with the twin challenges of a professional career and child caring. The help of early semi-retirement schemes can provide a smooth transition from family- professional life to retirement. The EU should therefore be encouraged to allow Member States to provide for the possibility to transfer the parental leave entitlement to their parent as well as to their grandparents.
Amendment 142 #
Proposal for a directive Recital 16 Amendment 143 #
Proposal for a directive Recital 16 Amendment 144 #
Proposal for a directive Recital 16 (16) In order to facilitate the return to work following parental leave, workers and
Amendment 145 #
Proposal for a directive Recital 16 (16) In order to facilitate the return to work following parental leave, workers and employers should
Amendment 146 #
Proposal for a directive Recital 16 (16) In order to facilitate the return to work following parental leave, workers and employers should be encouraged to
Amendment 147 #
Proposal for a directive Recital 17 Amendment 148 #
Proposal for a directive Recital 17 (17) In order to provide greater opportunities to remain in the work force for men and women carrying of elderly family member and/or other relatives in need of care, workers with a seriously ill or dependant relative should have the right to take time off from work in the form of carers’ leave to take care of that relative. This not only reflects the current care provision reality, within creasing care needs on the one hand (due to societal ageing) and a deficit in the supply of formal long-term care options, it will help carers to maintain their attachment to the labour market and prevent them from dropping out altogether when faced with a particularly intensive period of care. Finally, it will also help employers to mitigate the cost of absenteeism, presenteeism and the erosion of motivation and performance among working carers. Informal care is the bedrock of care provision and carers need to be enabled to care. To prevent abuse of that right, proof of the serious illness or dependency may be required prior to granting of the leave.
Amendment 149 #
Proposal for a directive Recital 17 (17) In order to provide greater
Amendment 150 #
Proposal for a directive Recital 17 (17) In order to provide greater opportunities to remain in the work
Amendment 151 #
Proposal for a directive Recital 17 (17) In order to provide greater opportunities to remain in the work force for women and
Amendment 152 #
Proposal for a directive Recital 17 (17) In order to
Amendment 153 #
Proposal for a directive Recital 17 (17) In order to provide greater opportunities to remain in the work force for men and women carrying
Amendment 154 #
Proposal for a directive Recital 17 (17) In order to provide greater opportunities to remain in the work force
Amendment 155 #
Proposal for a directive Recital 17 (17) In order to provide greater opportunities to remain in the work force for men and women carrying of elderly family member and/or other relatives in need of care, workers with a
Amendment 156 #
Proposal for a directive Recital 17 a (new) (17a) The establishment of a leave for individual carers should not serve as a substitute for professional, accessible, affordable and high-quality community- based care services, which will also greatly contribute to future economic development.
Amendment 157 #
Proposal for a directive Recital 18 Amendment 158 #
Proposal for a directive Recital 18 (18)
Amendment 159 #
Proposal for a directive Recital 18 a (new) (18a) Member States should incentivise subsidised home care arrangements by supporting ‘independent living’ projects which enable persons requiring assistance to choose to contact qualified professional operators; both men and women would thus be able to combine their working lives more easily with the provision of assistance to elderly relatives, or those with disabilities and/or in need of support.
Amendment 160 #
Proposal for a directive Recital 19 Amendment 161 #
Proposal for a directive Recital 19 (19) To increase the incentives for workers with children and caring responsibilities, men in particular, to take the periods of leave provided for in this Directive, they should have the right to an adequate allowance while on leave. The level of the allowance should be at least equivalent to
Amendment 162 #
Proposal for a directive Recital 19 (19) To increase the incentives for workers with children and caring responsibilities, men in particular, to take the periods of leave provided for in this Directive, they should have the right to an adequate allowance while on leave. The level of the allowance should be defined by the Member State and should be at least equivalent to what the worker concerned would receive in case of sick leave. Member States ensure that the payment or allowance is set at a level that encourages parents to better share the entitlements and should take into account the importance of the continuity of the entitlements to social security, including healthcare.
Amendment 163 #
Proposal for a directive Recital 19 (19) To increase the incentives for workers with children and caring responsibilities, men in particular, to take the periods of leave provided for in this Directive, they should have the right to
Amendment 164 #
Proposal for a directive Recital 19 (19) To increase the incentives for workers with children and caring responsibilities,
Amendment 165 #
Proposal for a directive Recital 19 (19) To increase the incentives for workers with children and caring responsibilities, men in particular, to take the periods of leave provided for in this Directive, they should have the right
Amendment 166 #
Proposal for a directive Recital 19 (19) To increase the incentives for workers with children and caring responsibilities, men in particular, to take the periods of leave provided for in this Directive, they should have the right to an adequate allowance while on leave. The level of the allowance should be
Amendment 167 #
Proposal for a directive Recital 19 (19) To increase the incentives for workers with children and caring responsibilities, men in particular, to take the periods of leave provided for in this Directive, they should have the right to an adequate allowance while on leave. The level of the allowance should be
Amendment 168 #
Proposal for a directive Recital 19 (19) To increase the incentives for workers with children and caring responsibilities, men in particular, to take the periods of leave provided for in this
Amendment 169 #
Proposal for a directive Recital 19 a (new) (19a) To increase the incentives for workers with children and family responsibilities, men in particular, to take the periods of leave provided for in this Directive, they should have the right to pay equivalent to 100% of their salary. Member States should take into account the importance of the continuity of the entitlements to social security, including healthcare.
Amendment 170 #
Proposal for a directive Recital 20 (20) In accordance with Directive 2010/18/EU Member States are required to define the status of the employment contract or employment relationship for the
Amendment 171 #
Proposal for a directive Recital 20 a (new) (20a) In order to better protect workers taking breaks from employment to provide informal or unpaid care and to recognise the value of that work, Member States should introduce care credits through labour and social security legislation for both women and men as equivalent periods for building up pension rights.
Amendment 172 #
Proposal for a directive Recital 21 (21) In order to encourage working parents
Amendment 173 #
Proposal for a directive Recital 21 (21) In order to encourage working parents and carers to remain in the work force, those workers should be able to adapt their working schedules to their personal needs and preferences. Working parents and carers should therefore be able to request flexible working arrangements, meaning the possibility for workers to adjust their working patterns, including through the use of remote working arrangements, flexible working schedules, or a reduction in working hours, for caring purposes. In order to address the needs of workers and employers, it should be possible for Member States to limit the duration of flexible working arrangements, including a reduction in working hours. While working part-time has been shown to be useful in allowing some women to remain in the labour market after having children
Amendment 174 #
Proposal for a directive Recital 21 (21) In order to encourage working parents and carers to remain in the work force, those workers should be able to adapt their working schedules to their personal needs and preferences. Working parents and carers should therefore be
Amendment 175 #
Proposal for a directive Recital 21 (21) In order to encourage working parents and carers to remain in the work force, those workers should be able to adapt their working schedules to their personal needs and preferences. Working parents and carers should
Amendment 176 #
Proposal for a directive Recital 21 (21) In order to encourage working parents and carers to remain in the work force, those workers should be able to adapt their working schedules to their personal needs and preferences. Working parents and carers should therefore be able to request
Amendment 177 #
Proposal for a directive Recital 21 (21) In order to encourage working parents and carers to remain in the work force, those workers should be able to adapt their working schedules to their personal needs and preferences. Working parents and carers should therefore be
Amendment 178 #
Proposal for a directive Recital 21 (21) In order to encourage working parents and carers to remain in the work force, those workers should be able to adapt their working schedules to their personal needs and preferences. Working parents and carers should therefore be able to request flexible working arrangements, meaning the possibility for workers to adjust their working patterns, including through the use of remote working arrangements, flexible working schedules, or a reduction in working hours, for caring purposes. In order to address the needs of workers and employers, in particular of micro, small and medium-sized enterprises, it should be possible for Member States to limit the duration of flexible working arrangements, including a reduction in working hours. While working part-time has been shown to be useful in allowing some women to remain in the labour market after having
Amendment 179 #
Proposal for a directive Recital 21 (21) In order to encourage working parents and carers to remain in the work
Amendment 180 #
Proposal for a directive Recital 21 (21) In order to encourage working parents and carers to remain in the work force, those workers should
Amendment 181 #
Proposal for a directive Recital 21 (21) In order to encourage working parents and carers to remain in the work force, those workers should be able to adapt their working schedules to their personal needs and preferences. Working parents and carers should therefore be able to request flexible working arrangements, meaning the possibility for workers to adjust their working patterns, including through the use of remote working arrangements, flexible working schedules, or a reduction in working hours, for caring purposes. In order to address the needs of workers and employers, it should be possible for Member States to limit the duration of flexible working arrangements, including a reduction in working hours. While working part-time has been shown to be useful in allowing some women to
Amendment 182 #
Proposal for a directive Recital 21 a (new) (21a) Member States should provide working parents with suitable childcare facilities and services that are of high quality and are affordable for all income groups.
Amendment 183 #
Proposal for a directive Recital 22 (22) Leave arrangements are intended to
Amendment 184 #
Proposal for a directive Recital 22 (22) Leave arrangements are intended to support working parents and carers during a specific period of time, and are aimed at maintaining and promoting their continued attachment to the labour market. It is therefore appropriate to make express provision for the protection of the employment rights of workers taking leave
Amendment 185 #
Proposal for a directive Recital 23 (23) Workers exercising their rights to leave or to request
Amendment 186 #
Proposal for a directive Recital 23 (23) Workers exercising their rights to leave or to request flexible working arrangements should be protected against any form of discrimination or any less favourable treatment on that ground.
Amendment 187 #
Proposal for a directive Recital 23 (23) Workers exercising their rights to leave
Amendment 188 #
Proposal for a directive Recital 23 (23) Workers exercising their rights to leave or to
Amendment 189 #
Proposal for a directive Recital 24 (24) Workers exercising their rights to take leave or to request flexible working arrangements provided for in this Directive should enjoy protection from dismissal and any preparations for a possible dismissal on the grounds that they applied for, or have taken, such leave or have exercised the right to request such flexible working arrangements.
Amendment 190 #
Proposal for a directive Recital 24 (24) Workers exercising their rights to take leave or to request flexible working arrangements provided for in this Directive should enjoy protection from dismissal and any preparations for a possible dismissal on the grounds that they applied for, or have taken such leave or have exercised the right to request such flexible working arrangements. Where workers consider that they have been dismissed on those grounds, they should be able to ask the employer to provide duly substantiated grounds for the dismissal in writing.
Amendment 191 #
Proposal for a directive Recital 24 (24) Workers exercising their rights to take leave or to request
Amendment 192 #
Proposal for a directive Recital 24 (24) Workers exercising their rights to take leave or to
Amendment 193 #
Proposal for a directive Recital 25 Amendment 194 #
Proposal for a directive Recital 25 (25) The burden of proof that there has been no dismissal on the grounds that workers have applied for, or have taken, leave referred to in Article 4, 5 or 6
Amendment 195 #
Proposal for a directive Recital 25 (25) The burden of proof that there has been no dismissal on the grounds that workers have applied for, or have taken, leave referred to in Article 4, 5 or 6 or have exercised the right to request
Amendment 196 #
Proposal for a directive Recital 25 (25) The burden of proof that there has been no dismissal on the grounds that workers have applied for, or have taken, leave referred to in Article 4, 5 or 6 or have exercised the right to
Amendment 197 #
Proposal for a directive Recital 26 (26) In order to ensure the proper implementation of this Directive, Member States shall ensure that labour inspections are in place and furthermore, reassure that adequate human and financial and technical resources are available in order for labour inspections to be conducted. Member States should provide for effective, proportionate and dissuasive penalties in the event of breaches of 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. The effective implementation of the principle of equal treatment requires adequate judicial protection of workers against adverse treatment or adverse consequences resulting from a complaint or proceeding relating to the rights under this Directive. Victims may be deterred from exercising their rights on account of the risk of retaliation and therefore should be protected from any adverse treatment where they exercise their rights provided for by this Directive. Such protection is particularly relevant as regards workers’ representatives in the exercise of their function.
Amendment 198 #
Proposal for a directive Recital 26 (26) Member States should provide for effective, proportionate and dissuasive penalties in the event of breaches of 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. The effective implementation of the principle of equal treatment requires adequate judicial protection of workers against adverse treatment or adverse consequences resulting from a complaint or proceeding relating to the rights under this Directive. Victims may be deterred from exercising their rights on account of the risk of retaliation and therefore should be protected from any adverse treatment where they exercise their rights provided for by this Directive. Such protection is particularly relevant as regards workers’ representatives in the exercise of their function. Labour and social inspections should monitor the appropriate implementation of this Directive with the adequate means to avoid discrimination and ensure equal access of workers to their social and labour rights.
Amendment 199 #
Proposal for a directive Recital 26 (26) Member States
Amendment 200 #
Proposal for a directive Recital 27 (27) With a view to further improving the level of protection of rights provided for in this Directive, national equality bodies, workers’ bodies, social care and children’s rights and care bodies should also be competent in the areas covered in this Directive.
Amendment 201 #
Proposal for a directive Recital 27 (27) With a view to further improving the level of protection of rights provided for in this Directive, national equality and child rights bodies should also be competent in the areas covered in this Directive.
Amendment 202 #
Proposal for a directive Recital 27 (27) With a view to further improving the level of protection of rights provided for in this Directive, national
Amendment 203 #
Proposal for a directive Recital 28 (28) This Directive lays down minimum requirements, thus giving the Member States the option of introducing or maintaining more favourable provisions. Rights acquired under the existing legal framework should continue to apply,
Amendment 204 #
Proposal for a directive Recital 28 (28) This Directive lays down minimum requirements, thus
Amendment 205 #
Proposal for a directive Recital 28 (28) This Directive lays down minimum requirements, thus
Amendment 206 #
Proposal for a directive Recital 29 a (new) (29a) No further EU regulation, including regulations resulting from country-specific recommendations or macroeconomic conditionalities, should encourage the removal in any Member State of existing and acquired rights which fall within the scope of this Directive.
Amendment 207 #
Proposal for a directive Recital 30 (30) This Directive should avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings. Member States are therefore invited to assess the impact of their transposition act on SMEs in order to make sure that SMEs are not disproportionately affected, with specific attention for micro-enterprises and for administrative burden. Member States may choose to reduce the administrative burden for SMEs and micro-enterprises, without significantly diminishing the rights of workers of SMEs and micro- enterprises established by this Directive, and essentially maintaining an equality of treatment of workers of such enterprises and of workers of other enterprises
Amendment 208 #
Proposal for a directive Recital 30 (30) This Directive should avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings. Member States are therefore invited to regularly assess the impact of their transposition act on SMEs in order to make sure that SMEs are not disproportionately affected, with
Amendment 209 #
Proposal for a directive Recital 30 (30)
Amendment 210 #
Proposal for a directive Recital 30 (30) This Directive should avoid imposing unjustified administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings.
Amendment 211 #
Proposal for a directive Recital 30 a (new) (30a) Member States should provide for tax relief and/or incentives to help micro, small and medium-sized enterprises comply with the terms of this Directive.
Amendment 212 #
Proposal for a directive Article 1 – paragraph 1 This Directive lays down minimum requirements designed to achieve equality between men and women with regard to labour market opportunities and treatment at work through facilitating the reconciliation of work and family life for working parents
Amendment 213 #
Proposal for a directive Article 1 – paragraph 2 – point a a) paternity leave, maternity leave, parental leave and carers' leave;
Amendment 214 #
Proposal for a directive Article 1 – paragraph 2 – point a a) paternity leave, parental leave and
Amendment 215 #
Proposal for a directive Article 1 – paragraph 2 – point a (a) paternity leave
Amendment 216 #
Proposal for a directive Article 1 – paragraph 2 – point b (b)
Amendment 217 #
Proposal for a directive Article 1 – paragraph 2 – point b b)
Amendment 218 #
Proposal for a directive Article 1 – paragraph 2 – point b (b) employee-oriented flexible working arrangements for working parents and carers.
Amendment 219 #
Proposal for a directive Article 1 – paragraph 2 – point b (b) flexible working arrangements for working parents
Amendment 220 #
Proposal for a directive Article 1 a (new) Article 1a Nevertheless to fully achieve the intended goal of this Directive, it is needed to come up with the committed maternity leave proposal that accommodates the terms of the existing one from 1992 to the current improvements.
Amendment 221 #
Proposal for a directive Article 2 – paragraph 1 This Directive applies to all
Amendment 222 #
Proposal for a directive Article 2 – paragraph 1 This Directive applies to all workers, men and women, who have an employment contract or employment relationship as well as self-employed workers, as defined by law, collective agreement and/or practices in force in each Member State, in accordance with the criteria for determining the status of a worker as established by the case law of the Court of Justice of the European Union and Directive xx/xx on transparent and predictable working conditions in the European Union.
Amendment 223 #
Proposal for a directive Article 2 – paragraph 1 This Directive applies to all workers, men and women, who have an employment contract or employment relationship, as well as self-employed workers, as defined by law, collective agreement and/or practices in force in each Member State, in accordance with the criteria for determining the status of a worker as established by the case law of the Court of Justice of the European Union.
Amendment 224 #
Proposal for a directive Article 2 – paragraph 1 This Directive applies to all workers, men and women, who have an employment contract or employment relationship, as well as self-employed workers, as defined by law, collective agreement and/or practices in force in each Member State, in accordance with the criteria for determining the status of a worker as established by the case law of the Court of Justice of the European Union.
Amendment 225 #
Proposal for a directive Article 2 – paragraph 1 This Directive applies to all workers, men and women, who have an employment contract or employment relationship
Amendment 226 #
Proposal for a directive Article 2 – paragraph 1 This Directive applies to all workers, men and women, who have an employment contract or employment relationship as defined by law, collective agreement and/or practices in force in each Member State.
Amendment 227 #
Proposal for a directive Article 2 – paragraph 1 This Directive applies to all workers,
Amendment 228 #
Proposal for a directive Article 2 – paragraph 1 This Directive applies to all workers,
Amendment 229 #
Proposal for a directive Article 2 – paragraph 1 This Directive applies to all workers, men and women, who have an employment contract or employment relationship, full- time or part-time, including those who are self-employed or have an atypical contract.
Amendment 230 #
Proposal for a directive Article 2 – paragraph 1 This Directive applies to all workers, men and women, who have an employment contract or an actual employment relationship, regardless of the name or legal form of the document on which the employment is based.
Amendment 231 #
Proposal for a directive Article 3 – paragraph 1 – point a (a) “paternity leave” means paid and mandatory leave from work for fathers
Amendment 232 #
Proposal for a directive Article 3 – paragraph 1 – point a (a) “paternity leave” means fully paid and mandatory to take leave from work
Amendment 233 #
Proposal for a directive Article 3 – paragraph 1 – point a (a) “paternity leave” means paid leave from work for fathers
Amendment 234 #
Proposal for a directive Article 3 – paragraph 1 – point a (a) “paternity leave” means paid and mandatory leave from work for fathers or an equivalent second parent as defined in national law to be taken on the occasion of the birth, stillbirth or adoption of a child;
Amendment 235 #
Proposal for a directive Article 3 – paragraph 1 – point a (a) “paternity leave” means paid and mandatory leave from work for fathers or an equivalent second parent as defined in national law to be taken on the
Amendment 236 #
Proposal for a directive Article 3 – paragraph 1 – point a (a) “paternity leave” means paid leave from work for fathers or an equivalent second parent as defined in national law to be taken on the occasion of the birth, stillbirth or adoption of a child;
Amendment 237 #
Proposal for a directive Article 3 – paragraph 1 – point a (a) “paternity leave” means paid leave from work for fathers or an equivalent second parent as defined in national law to be taken on the occasion of the birth or adoption of a child;
Amendment 238 #
Proposal for a directive Article 3 – paragraph 1 – point a (a) “paternity leave
Amendment 239 #
Proposal for a directive Article 3 – paragraph 1 – point a a) “paternity leave" means leave from work for fathers to be taken on the occasion of the birth or adoption of a child;
Amendment 240 #
Proposal for a directive Article 3 – paragraph 1 – point a (a) “paternity leave” means paid leave from work for fathers to be taken on the occasion of the birth of a child;
Amendment 241 #
Proposal for a directive Article 3 – paragraph 1 – point a a (new) (aa) ‘maternity leave’ means leave from work for mothers to be taken on the occasion of the birth of a child;
Amendment 242 #
Proposal for a directive Article 3 – paragraph 1 – point b (b) “parental leave” means paid leave from work on the grounds of the birth or adoption o
Amendment 243 #
Proposal for a directive Article 3 – paragraph 1 – point b (b) “parental leave” means paid leave from work on the grounds of the birth or adoption of a child to take care of that child;
Amendment 244 #
Proposal for a directive Article 3 – paragraph 1 – point b (b) “parental leave” means paid leave from work on the grounds of the birth or adoption of a child to take care of that child;
Amendment 245 #
Proposal for a directive Article 3 – paragraph 1 – point b (b) “parental leave” means paid leave from work on the grounds of the birth or adoption of a child to take care of that child;
Amendment 246 #
Proposal for a directive Article 3 – paragraph 1 – point b (b) “parental leave” means paid leave from work on the grounds of the birth or adoption of a child to take care of that child;
Amendment 247 #
Proposal for a directive Article 3 – paragraph 1 – point b a (new) (ba) “carer’s leave” means paid leave from work for carers in order to provide personal assistance or support to a person with support needs due to a serious or chronic illness, disability, mental health or age related problem;
Amendment 248 #
Proposal for a directive Article 3 – paragraph 1 – point b a (new) (ba) “supplementary parental leave” means time off to care for children up to 12 years old;
Amendment 249 #
Proposal for a directive Article 3 – paragraph 1 – point c Amendment 250 #
Proposal for a directive Article 3 – paragraph 1 – point c c) “carer” means a worker providing personal care or support in case of
Amendment 251 #
Proposal for a directive Article 3 – paragraph 1 – point c (c) “informal carer” means a worker informally providing personal care or support in case of a serious illness
Amendment 252 #
Proposal for a directive Article 3 – paragraph 1 – point c (c) “carer” means a
Amendment 253 #
Proposal for a directive Article 3 – paragraph 1 – point c (c) “carer” means a worker providing personal care or support in case of a serious illness or dependency of a relative
Amendment 254 #
Proposal for a directive Article 3 – paragraph 1 – point c (c) “carer” means a worker providing personal care or support to a relative or a person in their immediate circle in case of a serious illness or dependency of a relative with care or support needs due to a serious or chronic illness, disability, mental health or age related problem;
Amendment 255 #
Proposal for a directive Article 3 – paragraph 1 – point c (c) “carer” means a worker providing personal care or support
Amendment 256 #
Proposal for a directive Article 3 – paragraph 1 – point c (c) “carer” means a worker providing personal care or support
Amendment 257 #
Proposal for a directive Article 3 – paragraph 1 – point c (c) “carer” means a worker providing personal care or support
Amendment 258 #
Proposal for a directive Article 3 – paragraph 1 – point c c) “
Amendment 259 #
Proposal for a directive Article 3 – paragraph 1 – point c a (new) (ca) “carers’ leave” means leave from work for carers in order to provide personal assistance or support to a relative or a person in the worker’s immediate circle with support needs due to old age, a disability, a mental health problem, a health condition or another impairment.
Amendment 260 #
Proposal for a directive Article 3 – paragraph 1 – point c a (new) (ca) “carers’ leave” means leave from work for carers in order to provide personal care or support to a relative or a person in their immediate circle in need of care or support due to a serious or chronic illness, disability, mental health or age related problem
Amendment 261 #
Proposal for a directive Article 3 – paragraph 1 – point d Amendment 262 #
Proposal for a directive Article 3 – paragraph 1 – point d (d) “relative” means at least a worker’s first-degree relatives (son, daughter, mother, father, s
Amendment 263 #
Proposal for a directive Article 3 – paragraph 1 – point d (d) “relative” means a worker’s
Amendment 264 #
Proposal for a directive Article 3 – paragraph 1 – point d (d) “relative” means
Amendment 265 #
Proposal for a directive Article 3 – paragraph 1 – point d (d) “relative” means
Amendment 266 #
Proposal for a directive Article 3 – paragraph 1 – point d (d) “relative” means
Amendment 267 #
Proposal for a directive Article 3 – paragraph 1 – point d (d) “relative” means a worker’s son, daughter, mother, father, spouse or partner in civil partnership,
Amendment 268 #
Proposal for a directive Article 3 – paragraph 1 – point d (d) “relative” means a worker’s son, daughter, mother, father, step-child, foster child, mother, father, including adoptive ones, as well as step-father, -mother, siblings, grandparents and grandchildren, spouse or partner in civil partnership, where such partnerships are envisaged by national law;
Amendment 269 #
Proposal for a directive Article 3 – paragraph 1 – point d (d) “relative” means
Amendment 270 #
Proposal for a directive Article 3 – paragraph 1 – point d (d) “relative” means a worker’s son, daughter, mother, father, grandmother, grandfather, spouse or partner in civil partnership, where such partnerships are envisaged by national law, and relative of the worker’s spouse;
Amendment 271 #
Proposal for a directive Article 3 – paragraph 1 – point d d) “relative
Amendment 272 #
Proposal for a directive Article 3 – paragraph 1 – point d a (new) (da) “designated third party” means a worker to whom a parent transfers their right to leaves covered in this Directive.
Amendment 273 #
Proposal for a directive Article 3 – paragraph 1 – point d a (new) (da) “designated third party” means a worker to whom a parent transfers their entitlement to leave.
Amendment 274 #
Proposal for a directive Article 3 – paragraph 1 – point d b (new) (db) “personal care and support” means personalised assistance, care or support informally performed by a worker to an individual with dependency, disability, age impairment, mental illness or other physical, health and/or mental conditions that do not allow the individual to fully participate in the societal and economic life;
Amendment 275 #
Proposal for a directive Article 3 – paragraph 1 – point e Amendment 276 #
Proposal for a directive Article 3 – paragraph 1 – point e Amendment 277 #
Proposal for a directive Article 3 – paragraph 1 – point e (e) “
Amendment 278 #
Proposal for a directive Article 3 – paragraph 1 – point e (e) “dependency” means a s
Amendment 279 #
Proposal for a directive Article 3 – paragraph 1 – point e (e) “
Amendment 280 #
Proposal for a directive Article 3 – paragraph 1 – point e (e) “
Amendment 281 #
Proposal for a directive Article 3 – paragraph 1 – point e e) “dependency” means a situation in which a person is, temporarily or permanently, in need of care due to disability or a serious medical condition o
Amendment 282 #
Proposal for a directive Article 3 – paragraph 1 – point e a (new) (ea) “care and support needs” mean personalised assistance or support which allows an individual with a disability, a mental health problem, a age-related need or a health condition to fully participate in society;
Amendment 283 #
Proposal for a directive Article 3 – paragraph 1 – point f f) “
Amendment 284 #
Proposal for a directive Article 3 – paragraph 1 – point f (f) “employee-oriented flexible working arrangements” means the possibility for workers to adjust their working patterns on a voluntary basis, including through the use of remote working arrangements, flexible working schedules, or a reduction in working hours.
Amendment 285 #
Proposal for a directive Article 3 – paragraph 1 – point f (f) “flexible working arrangements” means the possibility for workers to adjust their working patterns, including through the use of remote working arrangements, where possible, or of other flexible working schedules
Amendment 286 #
Proposal for a directive Article 3 – paragraph 1 – point f (f) “
Amendment 287 #
Proposal for a directive Article 3 – paragraph 1 – point f a (new) (fa) “single parent” means a person who is neither married nor in a civil partnership and has sole parental responsibility for a child, which is granted by a national competent authority.
Amendment 288 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall take the necessary measures to ensure that fathers have the right to take obligatory paternity leave on the occasion of the birth of a child of at least
Amendment 289 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall take the necessary measures to ensure that fathers or the equivalent second parents as defined in national law have the right to
Amendment 290 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall take the necessary measures to ensure that fathers have the right to take paid paternity leave of at least ten working days on the occasion of the birth of a child. Member States shall impose a proportional time frame following the birth of a child within which the paternity leave must be exhausted. Such time frame shall not be less than 6 weeks following the birth of a child.
Amendment 291 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall take the
Amendment 292 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall take the necessary measures to ensure that fathers, or the equivalent second parents as defined in national law, have the right to take mandatory paternity leave of at least ten working days on the occasion of the birth, stillbirth or adoption of a child.
Amendment 293 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall take the necessary measures to ensure that fathers or the equivalent second parents as defined in national law have the right to take mandatory paternity leave of at least ten working days on the occasion of the birth, stillbirth or adoption of a child.
Amendment 294 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall take the necessary measures to ensure that fathers have the right to take paternity leave of at least ten working days on the occasion of the birth of
Amendment 295 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall take the necessary measures to ensure that fathers or the equivalent second parents as defined in national law have the right to take paternity leave of at least ten working days
Amendment 296 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall take the necessary measures to ensure that fathers or the equivalent second parents as defined in national law have the right to take paternity leave of at least ten working days on the occasion of the birth, stillbirth or adoption of a child.
Amendment 297 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall take the necessary measures to ensure that fathers have the right to take paternity leave of at least ten working days within the first two years of a child’s life, preferably on the occasion of the birth or adoption of a child.
Amendment 298 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall take the necessary measures to ensure that fathers
Amendment 299 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall take the necessary measures to ensure that fathers have the right to take paternity leave on full pay of at least ten working days on the occasion of the birth of a child.
Amendment 30 #
Proposal for a directive Title 1 Amendment 300 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall take the necessary measures to ensure that fathers have the right to take paternity leave of at least ten working days on the occasion of the birth or adoption of a child.
Amendment 301 #
Proposal for a directive Article 4 – paragraph 1 1. Member States
Amendment 302 #
Proposal for a directive Article 4 – paragraph 1 a (new) 1a. Member States shall assess the need for the conditions of access and detailed arrangements for the application of paternity leave to be adapted in case of multiple births, premature births, disability. Member States may define other cases for special arrangements for the application of paternity leave.
Amendment 303 #
Proposal for a directive Article 4 – paragraph 1 a (new) 1a. Member States shall consider introducing the possibility of fathers to take additional unpaid paternity leave provided that this is not excessively burdensome for the employer.
Amendment 304 #
Proposal for a directive Article 4 – paragraph 2 Amendment 305 #
Proposal for a directive Article 4 – paragraph 2 2. The right to paternity leave referred to in paragraph 1 shall be granted irrespective of the length or status of the worker’s employment relationship and irrespective of the worker’s marital or family status as defined in national law.
Amendment 306 #
Proposal for a directive Article 4 – paragraph 2 2. The right to paternity leave referred to in paragraph 1 shall be granted irrespective of marital or family status as defined in national law but also irrespective of their length of service or the status of their employment relationship.
Amendment 307 #
Proposal for a directive Article 4 – paragraph 2 2. The right to paternity leave referred to in paragraph 1 shall be granted irrespective of marital or family status as defined in national law and irrespective of their length of service or status of their employment.
Amendment 308 #
Proposal for a directive Article 4 – paragraph 2 2. The right to paternity leave referred to in paragraph 1 shall be granted i
Amendment 309 #
Proposal for a directive Article 4 – paragraph 2 a (new) 2a. Member States shall assess the need for arrangements needed to make sure the application of paternity leave is adapted to the needs of multiple births, premature births, adoption, parents with a disability, parents with mental health problems and parents with children with a disability or with a mental health problem.
Amendment 31 #
Proposal for a directive Title 1 Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
Amendment 310 #
Proposal for a directive Article 4 – paragraph 2 a (new) 2a. Member States shall assess the need for the conditions of access and detailed arrangements for the application of paternity leave to be adapted in case of multiple births, premature births, disability. Member States may define other cases for special arrangements for the application of paternity leave.
Amendment 311 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall take the necessary measures to ensure that workers have a
Amendment 312 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall take the necessary measures to ensure that workers
Amendment 313 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall take the necessary measures to ensure that workers have an individual right to parental leave of at least four months to be taken before the child reaches a given age which shall be at least twelve. Member States shall ensure that protection measures are applied also to self-employed workers, professionals and entrepreneurs.
Amendment 314 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall take the necessary measures to ensure that workers have an individual right to parental leave of at least four months to be taken before the child reaches a given age which shall be at least twelve. Member States may increase the threshold of 12 years for children with disabilities.
Amendment 315 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall take the necessary measures to ensure that workers have an individual right to parental leave of at least four months to be taken before the child reaches a given age which shall be at least twelve. The length of parental leave shall be doubled for single parents.
Amendment 316 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall take the necessary measures to ensure that workers have
Amendment 317 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall take the necessary measures to ensure that workers have an individual right to paid, non- transferable parental leave of at least four months to be taken before the child reaches a given age which shall be at least twelve.
Amendment 318 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall take the necessary measures to ensure that workers have an individual right to parental leave on full pay of at least four months to be taken before the child reaches a given age which shall be at least twelve.
Amendment 319 #
Proposal for a directive Article 5 – paragraph 1 Amendment 32 #
Proposal for a directive Title 1 Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on work-life balance for parents and
Amendment 320 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall take the necessary measures to ensure that workers have an individual right to parental leave of at least four months to be taken before the child reaches a given age which shall be at
Amendment 321 #
Proposal for a directive Article 5 – paragraph 1 a (new) 1a. Member States shall put in place special provisions for single parents, introducing a minimum period of eight months of paid leave. In order to allow for the single-parent to return to the labour market and not become socially and economically marginalised, the single parent shall have the right to transfer a part of the given parental leave to a designated third party.
Amendment 322 #
Proposal for a directive Article 5 – paragraph 1 a (new) 1a. Member States may specify that two months of parental leave should be taken during the first four years of the child’s life.
Amendment 323 #
Proposal for a directive Article 5 – paragraph 1 b (new) 1b. Member States shall put in place special provisions for parents with disabilities, introducing a minimum period of eight months of paid leave. In order to allow for parents with disabilities to return to the labour market and not become socially and economically marginalised, parents with disabilities shall have the right to transfer a part of the given parental leave to a designated third party.
Amendment 324 #
Proposal for a directive Article 5 – paragraph 2 Amendment 325 #
Proposal for a directive Article 5 – paragraph 2 2. Where Member States allow one parent to transfer their parental leave entitlement to the other parent, they shall ensure that at least four months of parental leave cannot be transferred. Where Member States provide for more than four months’ parental leave, a limited amount of that leave might be transferable not only to the other parent, but also to persons who effectively take care of the child, such as working grandparents.
Amendment 326 #
Proposal for a directive Article 5 – paragraph 2 2. Where Member States’ national laws foresee parental leave of more than 4 months, which is the minimum duration set by this Directive, the Member States may allow one
Amendment 327 #
Proposal for a directive Article 5 – paragraph 2 2. Where Member States allow one parent to transfer their parental leave entitlement to the other parent, they shall ensure that at least
Amendment 328 #
Proposal for a directive Article 5 – paragraph 2 2. Where Member States allow one parent to transfer their parental leave entitlement to the other parent, they shall
Amendment 329 #
Proposal for a directive Article 5 – paragraph 2 2. Where Member States allow one parent to transfer their parental leave entitlement to the other parent, they shall ensure
Amendment 33 #
Proposal for a directive Citation 1 Having regard to the Treaty on the Functioning of the European Union, and in particular Article 153 (1) (i) and
Amendment 330 #
Proposal for a directive Article 5 – paragraph 2 2. Where Member States allow one parent to transfer their parental leave entitlement to the other parent, they shall ensure that at least
Amendment 331 #
Proposal for a directive Article 5 – paragraph 2 2. Where Member States allow one parent to transfer their parental leave entitlement to the other parent, they shall ensure that at least
Amendment 332 #
Proposal for a directive Article 5 – paragraph 2 a (new) 2a. Single parents shall have access to at least the same level of rights and protection ensured to parents under this Directive and may benefit from specific provisions, in accordance with national law, considering their specific vulnerability.
Amendment 333 #
Proposal for a directive Article 5 – paragraph 3 3. Member States, after conducting social dialogue with the related stakeholders and unions, shall establish the period of notice to be given by workers to employers when exercising the right to
Amendment 334 #
Proposal for a directive Article 5 – paragraph 3 3. Member States shall establish the period of notice to be given by workers to employers when exercising the right to parental leave. In doing so, Member States shall take into account the needs of both employers, in particular micro, small and medium-sized enterprises, and workers. Member States shall ensure that the worker's request specifies the intended beginning and end of the period of leave.
Amendment 335 #
Proposal for a directive Article 5 – paragraph 3 a (new) 3a. Single parents, as defined in national law, shall be allowed to transfer the leave period allocated to the second parent to a designated third party.
Amendment 336 #
Proposal for a directive Article 5 – paragraph 4 Amendment 337 #
Proposal for a directive Article 5 – paragraph 4 Amendment 338 #
Proposal for a directive Article 5 – paragraph 4 Amendment 339 #
Proposal for a directive Article 5 – paragraph 4 Amendment 34 #
Proposal for a directive Recital 2 (2) Equality between men and women is a fundamental principle of the Union. According to Article 3 of the Treaty on European Union the promotion of equality between women and men is one of the Union’s aims and according to Article 8 of the Treaty on the Functioning of the European Union equality between women and men should be promoted in all activities of the European Union. Similarly, Article 23 of the Charter of Fundamental Rights of the European Union requires equality between women and men to be ensured in all areas, including employment, work and pay.
Amendment 340 #
Proposal for a directive Article 5 – paragraph 4 Amendment 341 #
Proposal for a directive Article 5 – paragraph 5 Amendment 342 #
Proposal for a directive Article 5 – paragraph 5 5. Member States may define the circumstances in which an employer, following consultation in accordance with national law, collective agreements and/or practice, may be allowed to postpone the granting of parental leave by a reasonable period of time on the grounds that it would seriously disrupt the good functioning of the establishment. Employers shall justify any postponement of parental leave in writing. In case of justified postponement of parental leave, the employer shall, where possible, offer flexible forms of parental leave pursuant to paragraph 6 of this Article.
Amendment 343 #
Proposal for a directive Article 5 – paragraph 5 5. Member States may define the circumstances in which an employer, following consultation in accordance with national law, collective agreements and/or practice, may be allowed to postpone the granting of parental leave by a reasonable period of time on the grounds that it would seriously disrupt the good functioning of the establishment. The employer shall be allowed to postpone the granting of parental leave no more than twice and a maximum period of six months. Employers shall justify any postponement of parental leave in writing.
Amendment 344 #
Proposal for a directive Article 5 – paragraph 5 5. Member States may define the circumstances in which an employer, following consultation in accordance with national law, collective agreements and/or practice, may be allowed to once postpone the granting of parental leave by a
Amendment 345 #
Proposal for a directive Article 5 – paragraph 5 5. Member States may define the exceptional circumstances in which an employer, following consultation in accordance with national law, collective agreements and/or practice, may be allowed to postpone the granting of parental leave by a reasonable period of time on the grounds that it would seriously disrupt the good functioning of the establishment. Employers shall justify any postponement of parental leave in writing.
Amendment 346 #
Proposal for a directive Article 5 – paragraph 5 5. Member States may define the circumstances in which an employer, following consultation in accordance with national law, collective agreements and/or practice, may be allowed to postpone once the granting of parental leave by a reasonable period of time on the grounds that it would seriously disrupt the good functioning of the establishment. Employers shall justify any postponement of parental leave in writing.
Amendment 347 #
Proposal for a directive Article 5 – paragraph 5 5. Member States
Amendment 348 #
Proposal for a directive Article 5 – paragraph 6 Amendment 349 #
Proposal for a directive Article 5 – paragraph 6 6. Member States shall take the necessary measures to ensure that workers have the right to request parental leave also on a part-time basis, in blocks separated by periods of work or in other flexible forms. Employers shall consider and respond to such requests, taking into account the needs of both employers and workers. Employers shall justify any refusal of such a request in writing within a reasonable period of time following the submission of the application. This justification shall be based on exceptional circumstances that are specifically laid down by law, collective agreement and/or practices in force in each Member State.
Amendment 35 #
Proposal for a directive Recital 2 (2) Equality between men and women is a fundamental principle of the Union. According to Article 3 of the Treaty on European Union
Amendment 350 #
Proposal for a directive Article 5 – paragraph 6 6. Member States shall take the necessary measures to ensure that workers have the right to
Amendment 351 #
Proposal for a directive Article 5 – paragraph 6 6. Member States shall take the necessary measures to ensure that workers have the right to request parental leave also on a part-time basis, in blocks separated by periods of work or in other
Amendment 352 #
Proposal for a directive Article 5 – paragraph 6 6. Member States shall take the necessary measures to ensure that workers have the right to request parental leave also on a part-time basis, in blocks separated by periods of work or in other flexible forms. Employers shall consider and respond to
Amendment 353 #
Proposal for a directive Article 5 – paragraph 6 6. Member States shall take the necessary measures to ensure that workers have the right to request parental leave also on a part-time basis, in blocks separated by periods of work, as shorter working days or in other flexible forms. Employers shall consider and respond to such requests, taking into account the needs of both employers and workers. Employers shall justify any refusal of such a request in writing.
Amendment 354 #
Proposal for a directive Article 5 – paragraph 6 a (new) 6a. Member States may impose restrictions for the purposes of applying for parental leave, for instance as regards the frequency of requests, minimum periods of validity for changes to working arrangements, and the number of periods in which parental leave may be taken.
Amendment 355 #
Proposal for a directive Article 5 – paragraph 7 7. Member States shall assess the need for the conditions of access and detailed arrangements for the application of parental leave to be adapted to the needs of adoptive parents, parents
Amendment 356 #
Proposal for a directive Article 5 – paragraph 7 7. Member States shall assess the need for
Amendment 357 #
Proposal for a directive Article 5 – paragraph 7 7. Member States shall assess the need for the conditions of access and detailed arrangements for the application of parental leave to be adapted to the needs of adoptive parents, parents having a disability, single parents and parents with children with a disability, or a long-term or serious illness.
Amendment 358 #
Proposal for a directive Article 5 – paragraph 7 7. Member States shall assess the need for the conditions of access and detailed arrangements for the application of parental leave to be adapted to the needs of adoptive parents, single parents, parents having a disability and parents with children with a disability or long-term illness.
Amendment 359 #
Proposal for a directive Article 5 – paragraph 7 7. Member States shall assess the
Amendment 36 #
Proposal for a directive Recital 2 (2)
Amendment 360 #
Proposal for a directive Article 5 a (new) Amendment 361 #
Proposal for a directive Article 6 – title Amendment 363 #
Proposal for a directive Article 6 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to
Amendment 364 #
Proposal for a directive Article 6 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to carers' leave of at least five working days per year
Amendment 365 #
Proposal for a directive Article 6 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to
Amendment 366 #
Proposal for a directive Article 6 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to carers' leave of at least five working days per year, per worker. Should such a right
Amendment 367 #
Proposal for a directive Article 6 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to carers' leave of at least five working days per year, per worker. Such right may be subject to appropriate substantiation of the medical condition of the worker's relative.
Amendment 368 #
Proposal for a directive Article 6 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to carers' leave of at least five working days per year, per worker. Such right may be subject to appropriate substantiation of the
Amendment 369 #
Proposal for a directive Article 6 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to carers' leave of at least five working days per year, per worker. Such right may be subject to appropriate substantiation of the care and support needs of the medical condition of the worker's relative.
Amendment 37 #
Proposal for a directive Recital 2 a (new) (2a) According to Article 8 TFEU the Union must aim to eliminate inequalities and to promote equality between men and women in all its activities.
Amendment 370 #
Proposal for a directive Article 6 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to non-transferable carers' leave of at least
Amendment 371 #
Proposal for a directive Article 6 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to
Amendment 372 #
Proposal for a directive Article 6 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to carers' leave of at least five working days per year, per worker. Such right may be subject to appropriate substantiation of
Amendment 373 #
Proposal for a directive Article 6 – paragraph 1 a (new) Member States shall adopt economic measures and incentives to promote subsidised home care arrangements which provide for the use of qualified operators. The economic incentives must be calculated on the basis of the worker’s reference income.
Amendment 374 #
Proposal for a directive Article 6 – paragraph 1 a (new) Workers shall be obliged to inform their employer without delay of their inability to work and the probable duration thereof.
Amendment 375 #
Proposal for a directive Article 6 a (new) Article 6a The information on the medical condition or situation of loss of autonomy should be kept confidential and be shared only with a restricted number of involved services to safeguard the right to data protection of both the worker and the person in need of care.
Amendment 376 #
Proposal for a directive Article 7 – paragraph 1 Member States shall take the necessary
Amendment 377 #
Proposal for a directive Article 7 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to time off from work on grounds of force majeure for urgent family reasons, in particular in cases of illness, mental health problems or accident making the immediate presence of the worker indispensable. Member States may limit the right to time off from work on grounds of force majeure to a certain amount of time per year or per case, or both.
Amendment 378 #
Proposal for a directive Article 7 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to time off from work on grounds of force majeure for urgent family reasons in cases of illness, mental health problems, or accident making the immediate presence of the worker indispensable. Member States may limit the right to time off from work on grounds of force majeure to a certain amount of time per year or per case, or both.
Amendment 379 #
Proposal for a directive Article 7 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to time off from work on grounds of force majeure for urgent family reasons in cases of death, illness or accident making the immediate presence of the worker indispensable.
Amendment 38 #
Proposal for a directive Recital 3 (3) Article 33 of the Charter of Fundamental Rights of the European Union provides for the right to protection from dismissal for a reason connected with maternity and the right to paid maternity leave and to parental leave following the birth or adoption of a child, to reconcile family and professional life. The right to work and to respect for family life, should be ensured also by EU law. Family- friendly working environments are crucially important. Furthermore, the well-being and best interests of children are one of the primary considerations in the development, monitoring and implementation of work-life balance policies.
Amendment 380 #
Proposal for a directive Article 8 – paragraph 1 In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 6 will receive a payment or an adequate allowance a
Amendment 381 #
Proposal for a directive Article 8 – paragraph 1 In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 6 will receive
Amendment 382 #
Proposal for a directive Article 8 – paragraph 1 In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 6 will receive a payment or an adequate allowance at least equivalent to what the worker concerned would receive in case of sick leave. With regard to self-employed workers, professionals and entrepreneurs, Member States shall determine adequate safeguards to provide a minimum level of support for the family unit for the period of leave.
Amendment 383 #
Proposal for a directive Article 8 – paragraph 1 In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 6 will receive a payment or an adequate allowance at least equivalent to what the worker concerned would receive in case of sick leave. Member States ensure that the payment or allowance is set at a level that encourages parents to better share the entitlements.
Amendment 384 #
Proposal for a directive Article 8 – paragraph 1 Amendment 385 #
Proposal for a directive Article 8 – paragraph 1 In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 6 will receive a full payment
Amendment 386 #
Proposal for a directive Article 8 – paragraph 1 In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 6 will receive a payment or an a
Amendment 387 #
Proposal for a directive Article 8 – paragraph 1 In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 6 will receive a payment or an adequate allowance
Amendment 388 #
Proposal for a directive Article 8 – paragraph 1 In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 6 will receive a payment or an adequate allowance
Amendment 389 #
Proposal for a directive Article 8 – paragraph 1 In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 6 will receive a payment or an adequate allowance at least equivalent to
Amendment 39 #
Proposal for a directive Recital 3 a (new) (3a) Nothing in this Directive can be construed as affecting the exclusive competence of the Member States in defining the right to marry and right to found a family, in compliance with Article 9 of the Charter of Fundamental Rights of the EU.
Amendment 390 #
Proposal for a directive Article 8 – paragraph 1 In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4
Amendment 391 #
Proposal for a directive Article 9 – title Amendment 392 #
Proposal for a directive Article 9 – title Amendment 394 #
Proposal for a directive Article 9 – paragraph 1 1. Member States shall take the necessary measures to ensure that workers with children up to a given age, which shall be at least twelve, and
Amendment 395 #
Proposal for a directive Article 9 – paragraph 1 1. Member States shall take the necessary measures to ensure that workers with children
Amendment 396 #
Proposal for a directive Article 9 – paragraph 1 1. Member States shall take the necessary measures to ensure that workers with children or grandchildren up to a given age, which shall be at least twelve, and carers, have the right to request flexible working arrangements for caring purposes. The duration of such flexible working arrangements may be subject to a reasonable limitation.
Amendment 397 #
Proposal for a directive Article 9 – paragraph 1 1. Member States shall take the necessary measures to ensure that workers with children up to a given age
Amendment 398 #
Proposal for a directive Article 9 – paragraph 1 a (new) 1a. Single parents, as defined in national law, shall be allowed to transfer the leave period allocated to the second parent to a person of their choice. Member States may, if the individual right to parental leave exceeds four months, allow parents to transfer between themselves the exceeding period. Single parents, as defined in national law, shall be allowed to transfer the leave period allocated to the second parent to a person of their choice. Member States may, if the individual right to parental leave exceeds four months, allow parents to transfer between themselves the exceeding period.
Amendment 399 #
Proposal for a directive Article 9 – paragraph 1 a (new) 1a. Member States may adopt tax relief and/or incentives to help micro, small and medium-sized enterprises comply with the terms of this Directive.
Amendment 40 #
Proposal for a directive Recital 3 a (new) (3a) Nothing in this Directive can be construed as affecting the exclusive competence of the Member States in defining the right to marry and right to found a family, in compliance with Article 9 of the Charter of Fundamental Rights of the EU.
Amendment 400 #
Proposal for a directive Article 9 – paragraph 2 Amendment 401 #
Proposal for a directive Article 9 – paragraph 2 2. Employers shall consider and respond to requests for flexible working arrangements referred to in paragraph 1, taking into account the needs of both employers and workers. Employers shall justify any refusal of such a request. Employers shall consider and respond in writing to requests adaptable working arrangements referred to in paragraph 1, taking into account the needs of both employers, in particular micro and small and medium-sized enterprises (MSMEs), and workers. Employers shall adequately justify any refusal and its grounds of such a request and shall provide alternative options in writing.
Amendment 402 #
Proposal for a directive Article 9 – paragraph 2 Amendment 403 #
Proposal for a directive Article 9 – paragraph 2 2. Employers shall consider and respond to requests for flexible working arrangements referred to in paragraph 1, taking into account the needs of both employers and workers. Employers shall justify any refusal of such a request. Employers shall ultimately have the power to decide whether or not to accept a worker’s request for flexible working arrangements.
Amendment 404 #
Proposal for a directive Article 9 – paragraph 2 2. Employers shall consider and respond in writing to requests for flexible working arrangements referred to in paragraph 1, taking into account the needs of both employers and workers. Employers shall justify the grounds of any refusal of such a request while providing options for alternative arrangements.
Amendment 405 #
Proposal for a directive Article 9 – paragraph 2 2. Employers shall consider and respond to requests for flexible working arrangements referred to in paragraph 1, taking into account the needs of both employers and workers. Employers shall justify any refusal of such a request in writing.
Amendment 406 #
Proposal for a directive Article 9 – paragraph 2 2. Employers shall consider and respond to requests for flexible working arrangements referred to in paragraph 1, taking into account the needs of both employers and workers. Employers shall
Amendment 407 #
Proposal for a directive Article 9 – paragraph 2 2. Employers shall consider and respond to requests for flexible working arrangements referred to in paragraph 1, taking into account the needs of both employers and workers. Employers shall justify any refusal of such a request in writing.
Amendment 408 #
Proposal for a directive Article 9 – paragraph 2 2. Employers shall consider and respond in writing to requests for flexible working arrangements referred to in paragraph 1, taking into account the needs of both employers and workers. Employers shall justify any refusal of such a request.
Amendment 409 #
Proposal for a directive Article 9 – paragraph 2 2. Employers shall consider and respond to requests for flexible working arrangements referred to in paragraph 1, taking into account the needs of both employers and workers. Employers shall justify any refusal of such a request in writing.
Amendment 41 #
Proposal for a directive Recital 4 (4) The Union
Amendment 410 #
Proposal for a directive Article 9 – paragraph 2 2. Employers shall consider and respond in writing to requests for flexible working arrangements referred to in paragraph 1, taking into account the needs of both employers and workers. Employers shall justify any refusal of such a request.
Amendment 411 #
Proposal for a directive Article 9 – paragraph 2 2. Employers shall consider and respond to requests for flexible working arrangements referred to in paragraph 1, taking into account the needs of both employers and workers
Amendment 412 #
Proposal for a directive Article 9 – paragraph 3 3. When flexible working arrangements referred to in paragraph 1 are limited in duration, the worker shall have the right to return to the original working pattern at the end of the agreed period.
Amendment 413 #
Proposal for a directive Article 9 – paragraph 3 3. When flexible working arrangements referred to in paragraph 1 are limited in duration, the worker shall have the right to return to the original working pattern at the end of the agreed period. The worker shall also have the right to request to return to the original working pattern whenever a change of circumstances so justifies. Employers shall be obliged to consider and respond in writing to such requests, taking into account the needs of both employers and workers.
Amendment 414 #
Proposal for a directive Article 9 – paragraph 3 3. When flexible working arrangements referred to in paragraph 1 are limited in duration, the worker shall have the right to return to the original working pattern at the end of the agreed period. The worker shall also have the right to request to return to the original working pattern whenever a change of circumstances so justifies. Employers shall be obliged to consider and respond in writing to such requests, taking into account the needs of both employers and workers.
Amendment 415 #
Proposal for a directive Article 9 – paragraph 3 3. When
Amendment 416 #
Proposal for a directive Article 9 – paragraph 3 3. When flexible working arrangements referred to in paragraph 1 are limited in duration, the worker shall have the right to return to the original working pattern at the end of the agreed period. The worker shall also have the right to request to return to the original working pattern whenever a change of circumstances so justifies. Employers shall be obliged to consider and respond in writing to such requests, taking into account the needs of both employers and workers.
Amendment 417 #
Proposal for a directive Article 9 – paragraph 3 3. When
Amendment 418 #
Proposal for a directive Article 9 – paragraph 3 3. When flexible working arrangements referred to in paragraph 1 are limited in duration, the worker shall have the right to return to the original working pattern at the end of the agreed period. The worker shall also have the right to request to return to the original working pattern when
Amendment 419 #
Proposal for a directive Article 9 – paragraph 3 a (new) 3a. Member States shall assess the need for arrangements to ensure the application of flexible working time is adapted to the needs of adoptive parents, parents with a disability, parents with mental health problems and parents of children with a disability, a long-term illness or mental health problems.
Amendment 42 #
Proposal for a directive Recital 4 (4) The Union is party to the United Nations’ Convention on the Rights of People with Disabilities. The provisions of that Convention are thus, from the time of its entry into force, an integral part of the European Union legal order and Union legislation must as far as possible be interpreted in a manner that is consistent with the Convention. The Convention provides, among other things, in its Article 7 that Parties shall take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children. Moreover, the Convention, in its Article 23, provides that Parties shall take effective and appropriate measures to eliminate discrimination against persons with disabilities in all matters relating to marriage, family, parenthood and relationships.
Amendment 420 #
Proposal for a directive Article 9 a (new) Article 9a Socio-educational facilities and services Member States shall ensure that public socio-educational facilities and services for early childhood are in place and are tailored to the needs of the population. Member States shall also encourage the provision of supplementary services, in addition to kindergartens, such as family nurseries (or ‘Tagesmutter’), local nurseries, play areas and child-parent centres. Member States shall ensure that workers who fall within the most disadvantaged income brackets also have access to those facilities and services.
Amendment 421 #
Proposal for a directive Article 10 – paragraph 1 1. Rights acquired or in the process of being acquired by workers on the date on which leave referred to in Article 4
Amendment 422 #
Proposal for a directive Article 10 – paragraph 2 2. Member States shall ensure that, at the end of leave referred to in Article 4, 5 or 6, workers are entitled to return to their jobs or to obtain equivalent posts on terms and conditions which are no less favourable to them and which correspond to the employment contract, and to benefit from any improvement in working conditions to which they would have been entitled during their absence.
Amendment 423 #
Proposal for a directive Article 10 – paragraph 2 2. Member States shall ensure that, at the end of leave referred to in Article 4
Amendment 424 #
Proposal for a directive Article 10 – paragraph 3 3.
Amendment 425 #
Proposal for a directive Article 10 – paragraph 3 3. .Member States shall define the status of the employment contract or employment relationship for the period of leave referred to in Article 4
Amendment 426 #
Proposal for a directive Article 10 – paragraph 3 a (new) 3a. Member States shall ensure that periods of leave referred to in Article 4, 5 or 6 are considered to be equivalent to periods of employment and therefore taken into account as such for the calculation of all social security entitlements, including for pensions.
Amendment 427 #
Proposal for a directive Article 10 a (new) Amendment 428 #
Proposal for a directive Article 11 – title Non-discrimination and protection from dismissal
Amendment 429 #
Proposal for a directive Article 11 – paragraph 1 Member States shall take the necessary measures to prohibit less favourable treatment of workers on the ground that they have applied for, or have taken, leave referred to in Article 4, 5 or 6, or on the ground that they have exercised their right to flexible working arrangements referred to in Article 9. These shall include, in line with national law, the prohibition of dismissal and all preparations for dismissal of workers, on the grounds that they have applied for, or have taken, leave referred to in Article 4, 5 or 6, or have exercised the right to request flexible working arrangements referred to in Article 9.
Amendment 43 #
Proposal for a directive Recital 4 (4) The Union is party to the United Nations’ Convention on the Rights of People with Disabilities. The provisions of that Convention are thus, from the time of its entry into force, an integral part of the European Union legal order and Union legislation must as far as possible be interpreted in a manner that is consistent with the Convention. The Convention provides, among other things, in its Article 7 that Parties shall take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children. Moreover, the Convention, in its Article 23, provides that Parties shall take effective and appropriate measures to eliminate discrimination against persons with disabilities in all matters relating to marriage, family, parenthood and relationships.
Amendment 430 #
Proposal for a directive Article 11 – paragraph 1 Member States shall take the necessary measures to prohibit any form of discrimination and less favourable treatment of workers on the ground that they have applied for, or have taken, leave referred to in Article 4, 5 or 6, or on the ground that they have exercised their right to flexible working arrangements referred to in Article 9.
Amendment 431 #
Proposal for a directive Article 11 – paragraph 1 Member States shall take the necessary measures to prohibit less favourable treatment of workers on the ground that they have applied for, or have taken, leave referred to in Article 4, 5 or 6, or on the ground that they have exercised their right to
Amendment 432 #
Proposal for a directive Article 11 – paragraph 1 Member States shall take the necessary measures to prohibit less favourable treatment of workers on the ground that they have applied for, or have taken, leave referred to in Article 4
Amendment 433 #
Proposal for a directive Article 11 – paragraph 1 Member States shall take the necessary measures to prohibit less favourable treatment of workers on the ground that they have applied for, or have taken, leave
Amendment 434 #
Proposal for a directive Article 12 Amendment 435 #
Proposal for a directive Article 12 – paragraph 1 1. Member States shall take the necessary measures to prohibit the dismissal
Amendment 436 #
Proposal for a directive Article 12 – paragraph 1 1. Member States shall take the necessary measures to prohibit the dismissal and all preparations for dismissal of workers, on the grounds that they have applied for, or have taken, leave referred to in Article 4, 5 or 6, or have exercised the right to request
Amendment 437 #
Proposal for a directive Article 12 – paragraph 1 1. Member States shall take the necessary measures to prohibit the dismissal
Amendment 438 #
Proposal for a directive Article 12 – paragraph 1 1. Member States shall take the necessary measures to prohibit the dismissal and all preparations for dismissal of workers, on the grounds that they have applied for, or have taken, leave referred to in Article 4
Amendment 439 #
Proposal for a directive Article 12 – paragraph 1 1. Member States shall take the necessary measures to prohibit the dismissal and all preparations for dismissal of workers, on the grounds that they have applied for, or have taken, leave referred to in Article 4, 5 or 6, or have exercised the right to
Amendment 44 #
Proposal for a directive Recital 4 (4) The Union is party to the United Nations’ Convention on the Rights of People with Disabilities. The provisions of that Convention are thus, from the time of its entry into force, an integral part of the European Union legal order and Union legislation must as far as possible be interpreted in a manner that is consistent with the Convention. The Convention provides, among other things, in its Article
Amendment 440 #
Proposal for a directive Article 12 – paragraph 2 2. Workers who consider that they
Amendment 441 #
Proposal for a directive Article 12 – paragraph 2 2. Workers who consider that they have been dismissed on the grounds that they have applied for, or have taken, leave referred to in Article 4, 5 or 6 or of exercising the right to
Amendment 442 #
Proposal for a directive Article 12 – paragraph 3 3. Member States shall take the necessary measures to ensure that, when workers
Amendment 443 #
Proposal for a directive Article 13 – paragraph 1 Member States
Amendment 444 #
Proposal for a directive Article 13 – paragraph 1 Member States shall lay down rules on penalties applicable to breaches of 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, or they may oblige an employer to reinstate an employee to his previous post or to an equivalent post. These types of sanctions may be combined.
Amendment 445 #
Proposal for a directive Article 13 – paragraph 1 Member States shall lay down rules on penalties applicable to breaches of 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
Amendment 446 #
Proposal for a directive Article 15 – title Amendment 447 #
Proposal for a directive Article 15 – paragraph 1 Member States shall ensure that the body or bodies designated, pursuant to Article 20 of Directive 2006/54/EC, for the promotion, analysis, monitoring and support of equal treatment of parents and workers who informally provide care
Amendment 448 #
Proposal for a directive Article 15 – paragraph 1 Member States shall ensure that the
Amendment 45 #
Proposal for a directive Recital 4 (4) The Union is party to the United Nations’ Convention on the Rights of People with Disabilities. The provisions of that Convention are thus, from the time of its entry into force, an integral part of the European Union legal order and Union legislation must as far as possible be interpreted in a manner that is consistent with the Convention. The Convention provides, among other things, in its Article 7 that Parties shall take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children. Furthermore, Member States shall take effective and appropriate measures to eliminate discrimination on grounds of disabilities in all matters relating to marriage, family, parenthood and relationships, according to Article 23 of the Convention.
Amendment 450 #
Proposal for a directive Article 16 – paragraph 1 Member States may introduce or maintain provisions that are more favourable to workers than those laid down in this Directive. The
Amendment 451 #
Proposal for a directive Article 16 – paragraph 1 Member States may introduce or maintain provisions that are more favourable to workers than those laid down in this Directive, provided that such provisions are not excessively burdensome for employers, especially small and middle sized enterprises. They shall however ensure that at least
Amendment 452 #
Proposal for a directive Article 16 – paragraph 1 Member States may introduce or maintain provisions that are more favourable to workers than those laid down in this Directive. They shall, however, ensure that at least
Amendment 453 #
Proposal for a directive Article 16 a (new) Article 16a Non-regression clause The implementation of this Directive shall not be sufficient grounds for any regression in relation to the existing situation in the Member States and in relation to the general level of protection of workers in the areas to which it applies. Member States and/or the social partners may maintain or introduce more favourable provisions for workers than those set out in this Directive.
Amendment 454 #
Proposal for a directive Article 17 – paragraph 1 Member States shall ensure that the provisions adopted pursuant to this Directive, together with the relevant provisions already in force relating to the subject matter as set out in Article 1 of this Directive, are brought by all appropriate means to the attention of the persons concerned throughout their territory, also through the Single Digital Gateway.
Amendment 455 #
Proposal for a directive Article 17 a (new) Article 17a More favourable provisions 1. The implementation of this Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within Member states. 2. This Directive shall not affect Member States’ prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to workers or to encourage or permit the application of collective agreements more favourable to workers. 3. This Directive is without prejudice to any other rights conferred on workers by other legal acts of the Union.
Amendment 456 #
Proposal for a directive Article 17 a (new) Article 17a Dialogue with relevant stakeholders With a view to promoting the objectives of this Directive, the European Union and its Member States shall encourage dialogue with relevant stakeholders, in particular with parents and family associations, employers and trade unions.
Amendment 457 #
Proposal for a directive Article 17 a (new) Article 17a Dialogue with relevant stakeholders With a view to promoting the objectives of this Directive, the European Union and its Member States shall encourage dialogue with relevant stakeholders, in particular with parents and family associations.
Amendment 458 #
Proposal for a directive Article 18 – paragraph 1 1. At the latest, by five years after the entry into force of this Directive, Member States shall communicate to the Commission all relevant information concerning the application of this Directive necessary for the Commission to draw up a report and assess the implementation of this Directive’s objectives, including its impact on the development of micro, small and medium-sized enterprises, to the European Parliament and the Council on the application of this Directive.
Amendment 459 #
Proposal for a directive Article 18 – paragraph 1 1. At the latest, by
Amendment 46 #
Proposal for a directive Recital 4 a (new) (4a) All Member States have signed and ratified the United Nations Convention on the Rights of the Child and are therefore legally bound to take all measures for the implementation of the rights concerned. The Convention provides, among other things, in its Article 18 that parents or, as the case may be, legal guardians, have the primary responsibility for the upbringing and development of the child, and that the best interests of the child will be their basic concern. It also reminds States of their responsibility to take all appropriate measures to ensure that children of working parents have the right to benefit from child-care services and facilities for which they are eligible.
Amendment 460 #
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