2019/2181(INL) The right to disconnect
Lead committee dossier:
Progress: Awaiting Parliament's vote
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | EMPL |
AGIUS SALIBA Alex ( S&D)
|
ZDECHOVSKÝ Tomáš ( EPP),
TOOM Yana ( Renew),
LIZZI Elena ( ID),
DE SUTTER Petra ( Verts/ALE),
SZYDŁO Beata ( ECR),
GUSMÃO José ( GUE/NGL)
|
Lead committee dossier:
Legal Basis:
RoP 47
Legal Basis:
RoP 47Events
2021/01/18
Indicative plenary sitting date, 1st reading/single reading
2020/12/08
EP - Committee report tabled for plenary, single reading
2020/12/01
EP - Vote in committee, 1st reading/single reading
2020/09/15
EP - Amendments tabled in committee
Documents
2020/07/28
EP - Committee draft report
Documents
2020/02/11
EP - AGIUS SALIBA Alex (S&D) appointed as rapporteur in EMPL
2019/12/19
EP - Committee referral announced in Parliament, 1st reading/single reading
Documents
Activities
- Fabio Massimo CASTALDO
Plenary Speeches (1)
- 2021/01/20 The right to disconnect (debate)
- Tanja FAJON
Plenary Speeches (1)
- 2021/01/20 The right to disconnect (debate)
- Agnes JONGERIUS
Plenary Speeches (1)
- 2021/01/20 The right to disconnect (debate)
- Ádám KÓSA
Plenary Speeches (1)
- 2021/01/20 The right to disconnect (debate)
- Gilles LEBRETON
Plenary Speeches (1)
- 2021/01/20 The right to disconnect (debate)
- Victor NEGRESCU
Plenary Speeches (1)
- 2021/01/20 The right to disconnect (debate)
- Dennis RADTKE
Plenary Speeches (1)
- 2021/01/20 The right to disconnect (debate)
- Jana TOOM
Plenary Speeches (1)
- 2021/01/20 The right to disconnect (debate)
- Rainer WIELAND
Plenary Speeches (1)
- 2021/01/20 The right to disconnect (debate)
- Tomáš ZDECHOVSKÝ
Plenary Speeches (1)
- 2021/01/20 The right to disconnect (debate)
- José GUSMÃO
Plenary Speeches (1)
- 2021/01/20 The right to disconnect (debate)
- Stelios KYMPOUROPOULOS
Plenary Speeches (1)
- 2021/01/20 The right to disconnect (debate)
- Lefteris NIKOLAOU-ALAVANOS
Plenary Speeches (1)
- 2021/01/20 The right to disconnect (debate)
- Guido REIL
Plenary Speeches (1)
- 2021/01/20 The right to disconnect (debate)
- Elena KOUNTOURA
Plenary Speeches (1)
- 2021/01/20 The right to disconnect (debate)
- Alex AGIUS SALIBA
Plenary Speeches (1)
- 2021/01/20 The right to disconnect (debate)
- Daniela RONDINELLI
Plenary Speeches (1)
- 2021/01/20 The right to disconnect (debate)
- Beata SZYDŁO
Plenary Speeches (1)
- 2021/01/20 The right to disconnect (debate)
- Marianne VIND
Plenary Speeches (1)
- 2021/01/20 The right to disconnect (debate)
- Gabriele BISCHOFF
Plenary Speeches (1)
- 2021/01/20 The right to disconnect (debate)
- Marc ANGEL
Plenary Speeches (1)
- 2021/01/20 The right to disconnect (debate)
- Sara MATTHIEU
Plenary Speeches (1)
- 2021/01/20 The right to disconnect (debate)
Votes
A9-0246/2020 - Alex Agius Saliba - Am 2 #
2021/01/20 Outcome: +: 453, -: 169, 0: 61
PPE
NI
The LeftA9-0246/2020 - Alex Agius Saliba - § 14 #
2021/01/20 Outcome: +: 492, -: 151, 0: 43
A9-0246/2020 - Alex Agius Saliba - § 15 #
2021/01/20 Outcome: +: 503, -: 136, 0: 48
A9-0246/2020 - Alex Agius Saliba - § 19/1 #
2021/01/20 Outcome: +: 672, 0: 8, -: 7
A9-0246/2020 - Alex Agius Saliba - § 19/2 #
2021/01/20 Outcome: +: 568, -: 108, 0: 11
A9-0246/2020 - Alex Agius Saliba - § 26 #
2021/01/20 Outcome: +: 485, -: 145, 0: 57
A9-0246/2020 - Alex Agius Saliba - Considérant H/1 #
2021/01/20 Outcome: +: 668, -: 10, 0: 9
A9-0246/2020 - Alex Agius Saliba - Considérant H/2 #
2021/01/20 Outcome: +: 511, -: 99, 0: 77
A9-0246/2020 - Alex Agius Saliba - Considérant H/3 #
2021/01/20 Outcome: +: 514, -: 168, 0: 5
A9-0246/2020 - Alex Agius Saliba - Am 1 #
2021/01/20 Outcome: -: 518, +: 161, 0: 6
A9-0246/2020 - Alex Agius Saliba - Proposition de résolution #
2021/01/21 Outcome: +: 472, -: 126, 0: 83
| Amendments | Dossier |
| 347 |
2019/2181(INL)
2020/09/15
EMPL
347 amendments...
Amendment 1 #
Motion for a resolution Heading 1 with recommendations to the Commission
Amendment 10 #
Motion for a resolution Citation 16 a (new) — having regard to the revised European Social Charter of the Council of Europe, in particular Articles 2, 3, 6 and 27 thereof,
Amendment 100 #
Motion for a resolution Paragraph 10 10. Calls on the Commission to evaluate and address the
Amendment 101 #
Motion for a resolution Paragraph 10 10. Calls on the
Amendment 102 #
Motion for a resolution Paragraph 10 10. Calls on the Commission to evaluate
Amendment 103 #
Motion for a resolution Paragraph 10 a (new) 10a. Acknowledges that the Union has a diverse range of values, attitudes and beliefs on work and employment and that a harmonised legislative approach would not be suitable to address Member States’ specific needs; encourages Member States to exchange best practices on the right to disconnect and the pursuit of a healthy work-life balance;
Amendment 104 #
Motion for a resolution Paragraph 10 a (new) 10a. Calls on the Commission to assess the benefits of this greater freedom and independence in terms of developing new business models that guarantee openness and adaptation to a more competitive and technology-based labour market, and to welcome the new forms of labour relations.
Amendment 105 #
Motion for a resolution Paragraph 10 b (new) 10b. Calls on the Commission to conduct a thorough impact assessment to assess the risks of establishing a legal right to disconnect; considers that specific attention should be given to the impact of implementing this right on SME's;
Amendment 106 #
Motion for a resolution Paragraph 11 11. Calls on the Commission to ensure that Member States and employers ensure that workers are a
Amendment 107 #
Motion for a resolution Paragraph 11 11. Calls on the Commission to ensure that Member States and employers ensure that workers are informed of and able to exercise their right to disconnect;
Amendment 108 #
Motion for a resolution Paragraph 11 11. Calls on the
Amendment 109 #
Motion for a resolution Paragraph 11 11. Calls on the
Amendment 11 #
Motion for a resolution Citation 19 a (new) — having regard to CJEU judgment in Case C-518/15, according to which stand-by time of a worker at home who is obliged to respond to calls from the employer within a short period must be regarded as 'working time'1a, ______________ 1aJudgment in Case C-518/15, 21 February 2018.
Amendment 110 #
Motion for a resolution Paragraph 11 11. Calls on the
Amendment 111 #
Motion for a resolution Paragraph 11 a (new) 11a. Recalls that the European social partners recently adopted the framework agreement on digitalisation, which includes modalities for connecting and disconnecting; reminds that it is now incumbent on the social partners to take implementation measures within the next three years; is of the opinion that presenting any legislative proposal in the area of the right to disconnect before the end of the implementation period of this framework would disregard the role of the social partners laid down in the Treaties;
Amendment 112 #
Motion for a resolution Paragraph 11 a (new) 11a. Calls on the Member States to guarantee the right to disconnect via the national labour inspection authorities; Calls on the European Labour Authority, when finally fully functional, to support the Member States and to collaborate with national authorities in order to enforce the right to disconnect;
Amendment 113 #
Motion for a resolution Paragraph 12 Amendment 114 #
Motion for a resolution Paragraph 12 Amendment 115 #
Motion for a resolution Paragraph 12 12. Calls on the Commission to evaluate the implementation of the European social partners’ framework agreement on digitalisation with special focus on the area of the right to disconnect and if the implementation measures are not enforced and well implemented, then to consider adopting a Union directive to ensure that workers are able to exercise their right to disconnect and to regulate the use of existing and new digital tools for work purposes;
Amendment 116 #
Motion for a resolution Paragraph 12 12. Calls on the Commission to adopt a Union directive to ensure that workers are able to exercise their right to disconnect and to regulate the use of existing and new digital tools for work purposes as well as to ensure that employers and workers are able to recognise and use the opportunities digital working brings to both of them if used correctly;
Amendment 117 #
Motion for a resolution Paragraph 12 12. Calls on the Commission to adopt a Union directive to ensure that workers are able to exercise their right to disconnect and that, as a result of a balanced social dialogue, employers and social partners introduce effective measures to regulate the use of existing and new digital tools for work purposes;
Amendment 118 #
Motion for a resolution Paragraph 12 12. Calls on the Commission
Amendment 119 #
Motion for a resolution Paragraph 12 12. Calls on the Commission to adopt a Union directive to ensure that workers are
Amendment 12 #
Motion for a resolution Citation 19 a (new) — having regard to the European Social Partners Framework Agreement on Digitalisation, signed by the social partners on 22 June 2020,
Amendment 120 #
Motion for a resolution Paragraph 12 12. Calls on the Commission to adopt a Union directive to ensure
Amendment 121 #
Motion for a resolution Paragraph 12 12. Calls on the Commission to
Amendment 122 #
Motion for a resolution Paragraph 12 12. Calls on the
Amendment 123 #
Motion for a resolution Paragraph 12 a (new) 12a. Underlines that for some years the social partners representing workers have highlighted issues regarding worker protection resulting from certain provisions of Directive 2003/88/EC as well as errors in transposition, implementation and application in a number of Member States, particularly concerning the failure to comply with the maximum weekly working time, intended to safeguard the general principles of protecting workers’ safety and health;
Amendment 124 #
Motion for a resolution Paragraph 12 a (new) 12a. Calls on the Commission to propose a legislative framework with a view to regulating minimum and clear standards and conditions for remote work across the Union and ensuring decent working conditions, including the use of existing and new digital tools for work purposes and the respect for working hours and leave, thereby allowing for the flexible use of work-at-home schemes;
Amendment 125 #
Motion for a resolution Paragraph 12 a (new) 12a. Recalls that changes in labour conditions as a result of the COVID-19 crisis, such as the physical and psychological impacts of teleworking, the right to disconnect, the surveillance of work, and the intensification of work have affected women more severely than men; calls on the Commission, therefore, to take a gender-sensitive approach when addressing the right to disconnect;
Amendment 126 #
Motion for a resolution Paragraph 12 a (new) 12a. Insists that any legislative initiative must respect the social partners' autonomy at the national level, national collective agreements, and national labour market traditions and models, and shall not affect the right to negotiate, conclude and enforce collective agreements in accordance with national law and practice;
Amendment 127 #
Motion for a resolution Paragraph 13 Amendment 128 #
Motion for a resolution Paragraph 13 Amendment 129 #
Motion for a resolution Paragraph 13 13. Is of the opinion that the new directive should
Amendment 13 #
Motion for a resolution Citation 19 a (new) — having regard the European Social Partners Framework Agreement on Digitalisation1a, __________________ 1a https://www.businesseurope.eu/publicatio ns/european-social-partners-framework- agreement-digitalisation
Amendment 130 #
Motion for a resolution Paragraph 13 13. Is of the opinion that the new directive should particularise
Amendment 131 #
Motion for a resolution Paragraph 13 13. Is of the opinion that the new directive should particularise and complement Directives 2003/88/EC
Amendment 132 #
Motion for a resolution Paragraph 13 13. Is of the opinion that the new directive should particularise and complement Directives 2003/88/EC, (EU) 2019/1152 and (EU) 2019/1158, and believes that it should provide for solutions to address existing models, the responsibilities of employers
Amendment 133 #
Motion for a resolution Paragraph 13 13. Is of the opinion that
Amendment 134 #
Motion for a resolution Paragraph 13 13. Is of the opinion that the
Amendment 135 #
Motion for a resolution Paragraph 13 13. Is of the opinion that after careful assessment and evaluation the new directive
Amendment 136 #
Motion for a resolution Paragraph 13 13.
Amendment 137 #
Motion for a resolution Paragraph 13 13. Is of the opinion that the new directive should particularise and complement Directives 2003/88/EC, (EU) 2019/1152 and (EU) 2019/1158, and believes that it should provide for solutions to address the responsibilities
Amendment 138 #
Motion for a resolution Paragraph 13 a (new) 13a. Points out that the digital transition and AI solutions have the potential to improve working conditions and the quality of life, including improved work-life balance and better accessibility for people with disabilities, to predict labour market development and to support human resource management in preventing human bias, yet they can also raise concerns as regards privacy and occupational health and safety, such as the right to disconnect, and lead to disproportionate and illegal surveillance and monitoring of workers,
Amendment 139 #
Motion for a resolution Paragraph 13 a (new) 13a. Stresses that the implementation of this Directive should fully respect the minimum requirements laid down in Directives 2003/88/EC, (EU) 2019/1152 and (EU) 2019/1158, such as those related to maximum working hours and minimum rest periods, flexible working arrangements, and information obligations, and should not have any negative effect on workers ;
Amendment 14 #
Motion for a resolution Citation 19 b (new) — having regard to CJEU judgment in Case C-55/18, according to which Member States must require employers to set up a system enabling the duration of daily working time to be measured1a , ________________ 1aJudgment in Case C-55/18, 14 May 2019.
Amendment 140 #
Motion for a resolution Paragraph 13 a (new) 13a. Recalls the specific needs and disparities of different sectors in relation to the right of disconnect; calls on the Commission to consider and evaluate these differences in case new directive will be presented;
Amendment 141 #
Motion for a resolution Paragraph 13 b (new) 13b. Recalls that the employment and social acquis of the Union fully applies to digital transition and calls on the Commission and the Member States to ensure proper enforcement and to address any potential legislative gaps;
Amendment 142 #
Motion for a resolution Paragraph 13 c (new) 13c. Recalls that changes in labour conditions as a result of the COVID-19 crisis, such as physical and psychological impacts of teleworking, the right to disconnect, the surveillance of work, and the intensification of work have affected women, and single mothers in particular, more severely than men; calls therefore on the Commission to take a gender- sensitive approach when addressing the right to disconnect; to maximize the benefits and to promote family co- responsibility opportunities perspective;
Amendment 143 #
Motion for a resolution Paragraph 14 14. Stresses that the right to disconnect allows workers to refrain from engaging in work-related tasks, activities and electronic communication, such as phone calls, emails and other messages, outside their working time, including during rest periods, official and annual holidays and other types of leave, without facing any adverse consequences; recalls, however, that certain autonomy and flexibility should be given to those who may, for different reasons, choose to work at different times;
Amendment 144 #
Motion for a resolution Paragraph 14 14. Stresses that the right to disconnect allows workers to refrain from engaging in work-related tasks, activities and electronic communication, such as phone calls, emails and other messages, outside their working time, including during rest periods, official and annual holidays, maternity and paternity leave, and other types of leave, without facing any adverse consequences;
Amendment 145 #
Motion for a resolution Paragraph 14 14. Stresses that the right to disconnect, as agreed with the employer, allows workers to refrain from engaging in work- related tasks, activities and electronic communication, such as phone calls, emails and other messages, outside their working time, including during rest periods, official and annual holidays and other types of leave, without facing any adverse consequences;
Amendment 146 #
Motion for a resolution Paragraph 14 a (new) 14a. Stresses that advancements in new technological possibilities, such as AI, plays a critical role in shaping the workplace of the future and the appreciation of work efficiency and must not lead to a dehumanised digital future;
Amendment 147 #
Motion for a resolution Paragraph 14 b (new) 14b. Calls on the social partners as well as data protection supervisory authorities to ensure that workplace surveillance is only done where it is proven as necessary and proportionate in each case; points out that if employees are allowed to use communication services provided by the employer also for private purposes, the employer has no right to have access to communication metadata and content; reminds that in work relations, the consent of an employee for the processing of his or her personal data cannot normally be considered as freely given and is therefore not valid, because there is a clear imbalance between the data subject and the controller;
Amendment 148 #
Motion for a resolution Paragraph 15 15. Reiterates that the limitation of working time is considered to be essential to ensure the health and safety of workers in the Union; notes that the limitation of working time could also facilitate the demographic recovery of the ageing European continent;
Amendment 149 #
Motion for a resolution Paragraph 15 15. Reiterates that the limitation of working time that exceeds agreed working time is considered to be essential to ensure the health and safety of workers in the Union;
Amendment 15 #
Motion for a resolution Citation 19 c (new) — having regard to principle 5 of the European Pillar of Social Rights,
Amendment 150 #
Motion for a resolution Paragraph 15 15. Reiterates that the limitation of working time and its predictability is considered to be essential to ensure the health and safety of workers in the Union;
Amendment 151 #
Motion for a resolution Paragraph 15 15. Reiterates that
Amendment 152 #
Motion for a resolution Paragraph 16 16. Stresses that the Commission, Member States, employers and workers must actively support and encourage the right to disconnect and promote an efficient, reasoned and balanced approach to digital tools at work, as well as awareness-raising measures, education and training campaigns relating to working time and the right to disconnect, ensuring that the latter and all other rights that are designed to protect the mental and physical health of workers are effectively implemented and become established as an active component of the Union’s working culture;
Amendment 153 #
Motion for a resolution Paragraph 16 16. Stresses that the Commission, Member States, employers and workers must actively support and encourage the right to disconnect and promote an efficient, reasoned and balanced approach to digital tools at work, as well as awareness-raising measures, education and training campaigns relating to working time
Amendment 154 #
Motion for a resolution Paragraph 16 16. Stresses that the Commission, Member States, employers and workers must actively inform about, support and encourage the right to disconnect and promote an efficient, reasoned and balanced approach to digital tools at work, as well as awareness-raising measures, education and training campaigns relating to working time and the right to disconnect;
Amendment 155 #
Motion for a resolution Paragraph 16 16. Stresses that the
Amendment 156 #
Motion for a resolution Paragraph 16 16. Stresses that
Amendment 157 #
Motion for a resolution Paragraph 16 a (new) 16a. Recalls a strong delineation between working time, where a worker has to be at the disposal of the employer, and non-working time, where a worker has no obligation to remain at the disposal of the employer; recalls that this mirrors not only the legislation in force as regards working time but also the case- law of the Court of Justice of the European Union on working time; recalls that on-call time is working time;
Amendment 158 #
Motion for a resolution Paragraph 16 a (new) 16a. Calls on the Commission to present guidelines for the labour monitoring tools used by employers to check the working times of connected workers that promote a work-life balance; considers that this should include the issue of GPS tracking of employees by their employers and ensure the right to privacy of employees;
Amendment 159 #
Motion for a resolution Paragraph 17 Amendment 16 #
Motion for a resolution Recital A A. whereas there is currently no specific Union law on the worker’s right to disconnect from digital tools, including information and communication technology (ICT), for work purposes, and whereas the situation in the Member States varies widely, with some Member States having specific legislation ensuring the right to disconnect and the others mostly omitting this subject;
Amendment 160 #
Motion for a resolution Paragraph 17 17. Strongly believes that employers should not require workers to be directly or indirectly available or reachable outside their working time and should provide workers with sufficient information, including a written statement, setting out the workers’ right to disconnect, namely at least the practical arrangements for switching off digital tools for work purposes, including any work-related monitoring or surveillance tools, the manner in which working time is recorded, the employer’s health and safety assessment, and the measures for protecting workers against adverse treatment and for implementing workers’ right of redress; stresses that, in this evolving world of work, there is therefore an increased need for workers to be fully informed about their essential working conditions, which should occur in a timely manner and in written form to which workers have easy access; points out that, in light of the increasing use of digital communication tools, information that is to be provided in writing can be provided by electronic means;
Amendment 161 #
Motion for a resolution Paragraph 17 17.
Amendment 162 #
Motion for a resolution Paragraph 17 17. Strongly believes that employers should not require workers to be directly or indirectly available or reachable outside their working time and should provide workers with sufficient information, including a written statement, setting out the workers’ right to disconnect, namely at least the practical arrangements for switching off digital tools for work purposes, including any work-related monitoring or surveillance tools, the manner in which working time is recorded, the employer’s health and safety assessment, and the measures for protecting workers against adverse treatment and for implementing workers’ right of redress; the national labour inspection authorities and the ELA should ensure that all employers fulfil this obligation;
Amendment 163 #
Motion for a resolution Paragraph 17 17. Strongly believes that employers
Amendment 164 #
Motion for a resolution Paragraph 17 17. Strongly believes that employers should not require workers to be directly or indirectly available or reachable outside their working time, if not agreed upon, and should provide workers with sufficient information, including a written statement, setting out the workers’ right to disconnect, namely at least the practical arrangements for switching off digital tools for work purposes, including any work-related monitoring or surveillance tools, the manner in which working time is recorded, the employer’s health and safety assessment, and the measures for protecting workers against adverse treatment and for implementing workers’ right of redress;
Amendment 165 #
Motion for a resolution Paragraph 17 17.
Amendment 166 #
Motion for a resolution Paragraph 17 a (new) 17a. Underlines that use of the technologies cannot be seen as an opportunity to carry out systematic surveillance of workers and should respect guarantees for their self- determination in their work, which means, above all, that workers must be trained and informed in relation to processing of their data;
Amendment 167 #
Motion for a resolution Paragraph 17 a (new) 17a. Stresses that the introduction and guarantee of the right to disconnect should not impose an excessive administrative burden on businesses, in particular SMEs and very small enterprises;
Amendment 168 #
Motion for a resolution Paragraph 17 a (new) 17a. Underlines the time sovereignty principle according to which workers must be allowed to schedule their working time around personal responsibilities, in particular caring for children or sick family members;
Amendment 169 #
Motion for a resolution Paragraph 18 18. Stresses the importance of the social partners to ensure the effective implementation and enforcement of the right to disconnect; believes that Member States must ensure that workers are able to
Amendment 17 #
Motion for a resolution Recital A a (new) Aa. whereas there is currently no legislation at Union level on the minimum conditions required for telework; whereas a harmonised approach is envisaged as a means of strengthening workers' protection at Union level and deepening the consolidation of the internal market, by way of avoiding fragmentation and ensuring legal certainty;
Amendment 170 #
Motion for a resolution Paragraph 18 18. Stresses the importance of the social partners to ensure the effective implementation and enforcement of the right to disconnect and emphasises that the work that they have already carried out in this respect should therefore be taken into account; believes that Member States must ensure that workers are able to exercise their right to disconnect, including by means of collective agreements;
Amendment 171 #
Motion for a resolution Paragraph 18 18. Stresses the importance of the social partners to ensure the effective implementation and enforcement of the
Amendment 172 #
Motion for a resolution Paragraph 18 18. Stresses the importance of the social partners to ensure the drafting and effective implementation and enforcement of the right to disconnect, in accordance with national practices; believes that Member States must ensure that workers are able to exercise their right to disconnect, including by means of collective agreements;
Amendment 173 #
Motion for a resolution Paragraph 18 18. Stresses the importance of the social partners to ensure the effective implementation and enforcement of the right to disconnect; believes that Member States
Amendment 174 #
Motion for a resolution Paragraph 18 a (new) 18a. Reiterates the importance of equal treatment for cross-border workers and notes that Member States and the Commission must ensure that workers understand their right to disconnect, including across borders;
Amendment 175 #
Motion for a resolution Paragraph 19 19. Calls on Member States to ensure that workers who invoke their right to disconnect are protected from victimisation and other negative repercussions and that there are mechanisms in place to deal with complaints or breaches of the right to disconnect; takes the view that employers should not promote an ‘always on’ work culture by giving promotions and bonuses only to those who work without exercising their right to disconnect;
Amendment 176 #
Motion for a resolution Paragraph 19 a (new) 19a. Notes that ensuring the right to disconnect is of particular importance for the most vulnerable workers or those with in-home dependent care arrangement such as minor children and/or adult dependents for whom an employee provides services essential to their health, well-being, and/or activities of daily life;
Amendment 177 #
Motion for a resolution Paragraph 19 a (new) 19a. Stresses that all remote professional learning and training activities must be counted as work activity as well and not take place during overtime or free days without adequate compensation;
Amendment 178 #
Motion for a resolution Paragraph 19 b (new) 19b. Stresses the fact that the increase in connectivity at the workplace should not lead to any discrimination or negative consequences with regard to recruitment or career advancement, particularly for the single parents, women, elderly and persons with disabilities;
Amendment 179 #
Motion for a resolution Paragraph 19 c (new) 19c. Stresses also the importance of supporting individual trainings aiming at improving IT skills for all workers, and in particular for persons with disabilities and more senior colleagues, in order to ensure a good and efficient performance of their work;
Amendment 18 #
Motion for a resolution Recital A a (new) Aa. whereas there is currently no Union law defining telework and minimum requirements thereof;
Amendment 180 #
Motion for a resolution Paragraph 19 d (new) 19d. Calls on the Commission to include the right to disconnect in its New Occupational Safety and Health Strategy, and to explicitly develop new psychosocial measures and actions within the framework of Occupational Safety and Health;
Amendment 181 #
Motion for a resolution Paragraph 20 Amendment 182 #
Motion for a resolution Paragraph 20 Amendment 183 #
Motion for a resolution Paragraph 20 Amendment 184 #
Motion for a resolution Paragraph 21 Amendment 185 #
Motion for a resolution Paragraph 21 21.
Amendment 187 #
Motion for a resolution Annex I – paragraph 8 – point 4 4. This Directive takes account of the conventions and recommendations of the International Labour Organization with regard to the organisation of working time, including, in particular, the 1919 Hours of Work (Industry) Convention (No. 1), the 1930 Hours of Work (Commerce and Offices) Convention (No. 30), the 1981 Collective Bargaining Recommendation (No. 163), the 1981 Convention on Workers with Family Responsibilities (No. 156) and its accompanying Recommendation (No. 165)
Amendment 188 #
Motion for a resolution Annex I – Recital 4 4. This Directive takes account of the
Amendment 189 #
Motion for a resolution Annex I – Recital 4 a (new) 4a. This Directive also takes account of the Council of Europe’s European (Revised) Social Charter, as referred to in Article 151 TFEU, and in particular its Article 2 (just working conditions including working time/rest periods), Article 3 (healthy and safety conditions at work) , Article 6 (Collective Bargaining) and Article 27 (protection of workers with family responsibilities).
Amendment 19 #
Motion for a resolution Recital B B. whereas digitalisation has brought many advantages to employers and workers,
Amendment 190 #
Motion for a resolution Annex I – Recital 4 a (new) 4a. This Directive also takes account of the Council of Europe’s European (Revised) Social Charter, as referred to in Article 151 TFEU, and in particular its Article 2 (just working conditions including working time/rest periods), Article 3 (healthy and safety conditions at work), Article 6 (Collective Bargaining) and Article 27 (protection of workers with family responsibilities).
Amendment 191 #
Motion for a resolution Annex I – Recital 5 a (new) 5a. The European Social Partners' Framework Agreement on Telework of 2002 has made the first initial steps towards a comprehensive approach towards telework; the Agreement was on a voluntary basis. Considering the changes in almost two decades since the Agreement, it has become evident that there is a need for codification at Union level. It is of utmost importance that it is established that telework should always be on a voluntary basis.
Amendment 192 #
Motion for a resolution Annex I – Recital 6 6. Digital tools enable workers to work from anywhere at any time and can contribute significantly to improving workers’ work-life balance by allowing them more flexibility in the organisation of their private and family life, and in some cases the opportunity to save time, especially in their commute. However, the use of digital tools, including ICT, for work purposes also has possible negative effects, such as resulting in longer working hours by inducing workers to work outside their working time, higher work intensity, as well as the blurring of the boundaries between working time and free time. If not used exclusively during working time, such digital tools may interfere with workers’ private lives. For workers with unremunerated caring responsibilities, digital tools can make it particularly difficult to find a healthy work-life balance. Women spend more time than men in fulfilling such caring responsibilities, work fewer hours in paid employment and may drop out of the labour market entirely.
Amendment 193 #
Motion for a resolution Annex I – Recital 6 6. Digital tools enable workers to work from anywhere at any time and can, when used correctly, contribute to improving workers’ work-life balance, but also to improve workers’ efficiency. However, the use of digital tools, including ICT, for work purposes also has possible negative effects, such as resulting in longer working hours by inducing
Amendment 194 #
Motion for a resolution Annex I – Recital 6 6. Digital tools enable workers to work from anywhere at any time and can contribute to improving workers’ work-life balance. However, the use of digital tools, including ICT, for work purposes also has possible negative effects, such as resulting in longer working hours by inducing workers to work outside their working time, higher work intensity, as well as the blurring of the boundaries between working time and free time. If not used exclusively during working time, such digital tools may interfere with workers’ private lives. For workers with unremunerated caring responsibilities, digital tools can make it particularly difficult to find a healthy work-life balance. Women spend more time than men in fulfilling such caring responsibilities
Amendment 195 #
Motion for a resolution Annex I – Recital 6 (6) Digital tools enable workers to work from anywhere at any time and can contribute to improving workers’ work-life balance. However, the use of digital tools, including ICT, for work purposes also has possible negative effects, such as resulting in longer working hours by inducing workers to work outside their working time, higher work intensity, as well as the blurring of the boundaries between working time and free time. If not used exclusively during working time, such digital tools may interfere with workers’ private lives. For workers with unremunerated caring responsibilities, digital tools can make it particularly difficult to find a healthy work-life balance. Women spend more time than men in fulfilling such caring responsibilities, work fewer hours in paid employment and may
Amendment 196 #
Motion for a resolution Annex I – Recital 7 7.Moreover, digital tools that are used for work purposes can
Amendment 197 #
Motion for a resolution Annex I – Recital 7 (7) Moreover, digital tools that are used for work purposes can create constant pressure and stress, have a detrimental impact on workers’ physical and mental health and well-being and can lead to occupational illnesses, such as anxiety, depression
Amendment 198 #
Motion for a resolution Annex I – Recital 7 7. Moreover, digital tools that are used for work purposes can create constant pressure and stress, have a detrimental impact on workers’ physical and mental health and well-being and can lead to occupational illnesses, such as anxiety, depression and burnout, which in turn place an increasing burden on employers and social insurance systems. Given the challenges presented by the significantly increasing use of digital tools for work purposes, atypical employment relationships and teleworking arrangements, in particular in the context of the increase in teleworking that arose as a result of the COVID-19 crisis, it has become even more urgent to ensure that
Amendment 199 #
Motion for a resolution Annex I – Recital 7 7. Moreover, digital tools that are used for work purposes can create constant pressure and stress, have a detrimental impact on workers’ physical and mental health, family life and well-being and can lead to occupational illnesses, such as anxiety, depression and burnout, which in turn place an increasing burden on employers and social insurance systems. Given the challenges presented by the significantly increasing use of digital tools for work purposes, atypical employment relationships and teleworking arrangements, in particular in the context of the increase in teleworking that arose as a result of the COVID-19 crisis, it has become even more urgent to ensure that workers are able to exercise their right to disconnect.
Amendment 2 #
Motion for a resolution Citation 10 — having regard to the conventions and recommendations of the International Labour Organization (ILO), in particular the 1919 Hours of Work (Industry) Convention (No. 1), the 1930 Hours of Work (Commerce and Offices) Convention (No. 30), the 1981 Collective Bargaining Recommendation (No. 163), the 1981 Convention on Workers with Family Responsibilities (No. 156) and its accompanying Recommendation (No. 165), as well as the 2019 ILO Centenary Declaration on the Future of Work;
Amendment 20 #
Motion for a resolution Recital B B. whereas digitalisation has brought many advantages to employers and workers, but also disadvantages, because it can intensify work, extend working hours and increase the unpredictability of working hours, blurring the boundaries between work and private life and thus normalise the expectation to be constantly on call;
Amendment 200 #
Motion for a resolution Annex I – Recital 8 8. The expanding use of digital technologies has transformed the traditional models of work and has created an ‘ever-connected’ and ‘always on’ culture. In that context, it is important to ensure that this development is used for the benefit of both employers and employees. The employee can benefit from the bigger flexibility and the possibility to arrange his working tasks in a way that allows him to balance his work life and private life or care responsibilities and this overall improvement in the work- life balance is also beneficial for the employer who has more efficient and contented employees. Secondly, it is also important to ensure the protection of workers’ fundamental rights, fair working conditions, including their right to a fair remuneration and the implementation of their working time, health and safety, and
Amendment 201 #
Motion for a resolution Annex I – Recital 8 8. The expanding use of digital technologies has transformed the traditional models of work and has created an ‘ever-connected’ and ‘always on’ culture. In that context, it is important to address and combat psychosocial risks, and ensure the protection of workers’ fundamental rights, fair working conditions, including their right to a fair remuneration and the implementation of their working time, health and safety, and equality between men and women.
Amendment 202 #
Motion for a resolution Annex I – Recital 9 Amendment 203 #
Motion for a resolution Annex I – Recital 9 9. The right to disconnect refers to workers’ right not to engage in work- related activities or communications outside working time, by means of digital tools, such as phone calls, emails or other messages. The right to disconnect should entitle workers to switch off work-related tools and not to respond to employers’ requests outside working time, with no risk of adverse consequences, such as dismissal or other retaliatory measures, and without promoting an ‘always on’ work culture whereby employees who give up their right to disconnect are clearly favoured over others. Conversely, employers should be prohibited from using the workers’ labour outside working time.
Amendment 204 #
Motion for a resolution Annex I – Recital 9 (9) The right to disconnect refers to workers’ right not to engage in work- related activities or communications outside working time, by means of digital tools, such as phone calls, emails or other messages. The right to disconnect should entitle workers to switch off work-related tools and not to respond to employers’ requests outside working time, with no risk of adverse consequences, such as dismissal or other retaliatory measures.
Amendment 205 #
Motion for a resolution Annex I – Recital 9 9. The right to disconnect refers to workers’ right not to engage in work- related activities or communications outside working time, by means of digital tools, such as phone calls, emails or other messages. The right to disconnect should be strengthened and entitle workers to switch off work-related tools and not to respond to employers’ requests outside working time, with no risk of adverse consequences, such as dismissal or other retaliatory measures. Conversely, employers should be prohibited from using
Amendment 206 #
Motion for a resolution Annex I – Recital 9 9. The right to disconnect refers to workers’ right not to engage in work- related activities or communications outside working time, by means of digital tools, such as phone calls, emails or other messages. The right to disconnect should entitle workers to switch off work-related tools and not to respond to employers’ requests outside working time, with no risk of adverse consequences, such as dismissal or other retaliatory measures. Conversely, employers
Amendment 207 #
Motion for a resolution Annex I – Recital 10 10. The right to disconnect should apply to all workers and all sectors, both public and private. The purpose of the right to disconnect is to ensure the protection of
Amendment 208 #
Motion for a resolution Annex I – Recital 10 10. The right to disconnect should apply to all workers and all sectors, both public and private and should be effectively enforced. The purpose of the right to disconnect is to ensure the protection of workers’ health and safety, and of fair working conditions, including work-life balance health and safety and of fair working conditions, including work- life balance.
Amendment 209 #
Motion for a resolution Annex I – Recital 10 10. The right to disconnect should apply to all workers and all sectors, both public and private. The purpose of the right to disconnect is to ensure the protection of workers’ health and safety, and of fair working conditions, including work-life balance, family life, health and safety.
Amendment 21 #
Motion for a resolution Recital C C. whereas the ever greater use of digital tools for work purposes has resulted in an ‘ever-connected’ or ‘always on’ culture that can have
Amendment 210 #
Motion for a resolution Annex I – Recital 11 11. There is currently no Union law specifically regulating the right to disconnect. However, Council Directives 89/391/EEC4 and 91/383/EEC5 have the purpose of encouraging improvements in the safety and health of workers with an unlimited, fixed-term or temporary employment relationship; Directive 2003/88/EC of the European Parliament and of the Council6 lays down minimum safety and health requirements for the organisation of working time, including in relation to maximum allowed working hours and minimum rest periods to be respected; Directive (EU) 2019/1152 of the European Parliament and of the Council7 has the purpose of improving working conditions by promoting more transparent and predictable employment; and Directive (EU) 2019/1158 of the European Parliament and of the Council8 lays down minimum requirements to facilitate the reconciliation of work and private life for workers who are parents or carers. __________________ 4Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.89, p. 1). 5Council Directive 91/383/EEC of 25 June 1991 supplementing the measures to encourage improvements in the safety and
Amendment 211 #
Motion for a resolution Annex I – Recital 11 11. There is currently no Union law specifically regulating the right to disconnect and the legal regulation of this right varies widely across the Member States. However, Council Directives 89/391/EEC4 and 91/383/EEC5 have the purpose of encouraging improvements in the safety and health of workers with an unlimited, fixed-term or temporary employment relationship; Directive 2003/88/EC of the European Parliament and of the Council6 lays down minimum safety and health requirements for the organisation of working time; Directive (EU) 2019/1152 of the European
Amendment 212 #
Motion for a resolution Annex I – Recital 11 11. There is currently no Union law specifically regulating telework, including the right to disconnect. However, Council Directives 89/391/EEC4 and 91/383/EEC5 have the purpose of encouraging improvements in the safety and health of workers with an unlimited, fixed-term or temporary employment relationship; Directive 2003/88/EC of the European Parliament and of the Council6 lays down minimum safety and health requirements for the organisation of working time; Directive (EU) 2019/1152 of the European Parliament and of the Council7 has the purpose of improving working conditions by promoting more transparent and predictable employment; and Directive (EU) 2019/1158 of the European Parliament and of the Council8 lays down minimum requirements to facilitate the reconciliation of work and private life for workers who are parents or carers. __________________ 4Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.89, p. 1). 5 Council Directive 91/383/EEC of 25 June 1991 supplementing the measures to encourage improvements in the safety and health at work of workers with a fixed- duration employment relationship or a temporary employment relationship (OJ L 206, 29.7.91, p. 19). 6Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L
Amendment 213 #
Motion for a resolution Annex I – Recital 12 12. Pursuant to Directive 2003/88/EC, workers in the Union have the right to minimum safety and health requirements for the organisation of working time. In that context, that Directive provides for daily rest, rest breaks, weekly rest, maximum weekly working time and annual leave, and regulates certain aspects of night work, shift work and work patterns. It is settled case-law of the Court of Justice of the European Union (CJEU) that on-call time, during which a worker is required to be physically present at a place specified by the employer, is to be regarded as “wholly working time, irrespective of the fact that, during periods of on-call time, the person concerned is not continuously carrying on any professional activity”9 , and that standby time, which a worker is obliged to spend at home, while being available to the employer, is to be considered to be working time10 .
Amendment 214 #
Motion for a resolution Annex I – Recital 14 14. In its case law, the CJEU has established criteria for determining the status of a worker. The interpretation of the
Amendment 215 #
Motion for a resolution Annex I – Recital 14 14. This Directive applies to all workers in both private and public sector and irrespective of the duration and type of employment contract and status of those workers. In its case law
Amendment 216 #
Motion for a resolution Annex I – Recital 15 Amendment 217 #
Motion for a resolution Annex I – Recital 15 a (new) 15a. Moreover, the European cross- industry social partners adopted framework agreements on telework in July 2002 and on digitalisation in June 2020. The latter provides for possible measures to be agreed between the social partners with regard to the workers’ connecting with and disconnecting from work.
Amendment 218 #
Motion for a resolution Annex I – Recital 18 18. The purpose of this Directive is to improve working conditions for all workers by laying down minimum requirements to strengthen and enforce the right to disconnect while ensuring labour market adaptability. This Directive should be implemented in a manner
Amendment 219 #
Motion for a resolution Annex I – Recital 18 18. The purpose of this Directive is to improve working conditions for all workers by laying down minimum requirements for the right to disconnect while ensuring labour market adaptability. This Directive should
Amendment 22 #
Motion for a resolution Recital C C. whereas the ever greater use of digital tools for work purposes has resulted in an ‘ever-connected’ or ‘always on’ culture that can have detrimental effect on workers’ fundamental rights, fair working conditions, including a fair remuneration, the limitation of working time and work- life balance,
Amendment 220 #
Motion for a resolution Annex I – Recital 18 18. The purpose of this Directive is to improve working conditions for all workers by laying down minimum requirements for the right to disconnect while ensuring labour market adaptability. This Directive should
Amendment 221 #
Motion for a resolution Annex I – Recital 18 18. The purpose of this Directive is to improve working conditions for all workers by laying down minimum requirements for telework, including the right to disconnect while ensuring labour market adaptability. This Directive should be implemented in a manner consistent with Directives 2003/88/EC, (EU) 2019/1152 and (EU) 2019/1158.
Amendment 222 #
Motion for a resolution Annex I – Recital 18 18. The purpose of this Directive is to improve working conditions for all workers by laying down minimum requirements for the right to disconnect
Amendment 223 #
Motion for a resolution Annex I – Recital 19 19. The practical arrangements for the exercise of the right to disconnect by the worker and the implementation of that right by the employer should be able to be agreed by the social partners by means of collective agreement or at the level of the employer undertaking. Member States should ensure that employers provide workers with
Amendment 224 #
Motion for a resolution Annex I – Recital 19 19. The practical arrangements for the exercise of the right to disconnect by the worker and the implementation of that right by the employer should be able to be agreed by the social partners by means of collective agreement or at the level of the employer undertaking. Member States should ensure, through the national labour inspection authorities and in collaboration with the ELA, that employers provide workers with a written statement setting out those practical arrangements.
Amendment 225 #
Motion for a resolution Annex I – Recital 19 19. The practical arrangements for the exercise of the right to disconnect by the worker and the implementation of that right by the employer
Amendment 226 #
Motion for a resolution Annex I – Recital 20 Amendment 227 #
Motion for a resolution Annex I – Recital 20 20. The autonomy of the social partners should be respected. Member States should
Amendment 228 #
Motion for a resolution Annex I – Recital 20 20. The autonomy of the social partners should be respected. Member States should
Amendment 229 #
Motion for a resolution Annex I – Recital 21 21. Member States should ensure, in accordance with national law and practice, the effective involvement of the social partners and to promote and enhance social dialogue with a view to implementing this Directive. Member States should be able to entrust the social partners with the implementation of this Directive, where the social partners
Amendment 23 #
Motion for a resolution Recital C C. whereas the ever greater use of digital tools for work purposes has resulted in an ‘ever-connected’ or ‘always on’ culture that can have detrimental effect on workers’ fundamental rights, fair working conditions, including a fair remuneration, the limitation of working time and work- life balance,
Amendment 230 #
Motion for a resolution Annex I – Recital 22 Amendment 231 #
Motion for a resolution Annex I – Recital 22 22. Employers should not be entitled to derogate from their requirement to implement the right to disconnect other than by means of collective agreement or by agreement between the social partners at the level of the employer undertaking. Such agreements should also provide for the criteria for determining compensation for any work carried out outside working time. Such compensation should be able to take the form of leave or financial compensation. In the case of a financial compensation, it should be at least equivalent to the workers’ usual remuneration. Where overtime compensation is agreed, such provisions should ensure that the overall goal of ensuring workers’ health and safety is respected, particularly in relation to the provisions included in the working time legislation.
Amendment 232 #
Motion for a resolution Annex I – Recital 22 22. Employers should not be entitled to derogate from their requirement to implement the right to disconnect
Amendment 233 #
Motion for a resolution Annex I – Recital 22 (22) Employers should
Amendment 234 #
Motion for a resolution Annex I – Recital 22 22. Employers should not be entitled to derogate from their requirement to implement the right to disconnect other than by means of collective agreement or by agreement between the social partners at the level of the employer undertaking. Such agreements should also provide for the criteria for determining compensation for any work carried out outside working time, however short. Such compensation should be able to take the form of leave or financial compensation. In the case of a financial compensation, it should be at least equivalent to the workers’ usual remuneration.
Amendment 235 #
Motion for a resolution Annex I – Recital 23 23. Workers who exercise their rights provided for in this Directive should be protected from any adverse consequences, including dismissal and other retaliatory measures. Such workers should also be protected against discriminatory measures,
Amendment 236 #
Motion for a resolution Annex I – Recital 24 24. Workers should have adequate and rapid judicial and administrative protection against any adverse treatment resulting from their exercising or seeking to exercise the rights provided for under this Directive, including the right of redress as well as the right to initiate administrative or legal proceedings to ensure compliance with this Directive.
Amendment 237 #
Motion for a resolution Annex I – Recital 25 25. Member States may lay down the arrangements for the
Amendment 238 #
Motion for a resolution Annex I – Recital 25 25. Member States may lay down the arrangements for the exercise of the right to disconnect established in this Directive, in accordance with national law, collective agreements or practice. Member States should be able to provide for effective, proportionate and dissuasive penalties for breaches of the obligations under this Directive.
Amendment 239 #
Motion for a resolution Annex I – Recital 25 25. Member States
Amendment 24 #
Motion for a resolution Recital C a (new) Ca. whereas the digital society increases expectations to be digitally skilled in order to meet the current labour market demands; whereas those expectations can cause difficulties and stress to older workers or workers coming from disadvantaged backgrounds, who are not digitally skilled; whereas this problem is bigger among older people;
Amendment 240 #
Motion for a resolution Annex I – Recital 25 25.
Amendment 241 #
Motion for a resolution Annex I – Recital 25 (25) Member States may lay down the arrangements for the exercise of the right to disconnect established in this Directive, in accordance with national law, collective agreements or practice. Member States should provide for effective
Amendment 242 #
Motion for a resolution Annex I – Recital 26 Amendment 243 #
Motion for a resolution Annex I – Recital 27 27. This Directive lays down minimum requirements, thus leaving untouched Member States’ prerogative to introduce and maintain more favourable provisions. This Directive and its implementation should not constitute valid grounds for reducing the general level of protection afforded to workers in the field covered by this Directive.
Amendment 244 #
Motion for a resolution Annex I – Recital 29 29. In order to assess the impact of this Directive, the Commission and the Member States are encouraged to continue to cooperate with one another, with support from the ELA, in order to develop comparable statistics and data on the implementation of the rights established in this Directive.
Amendment 245 #
Motion for a resolution Annex I – Article 1 – paragraph 1 1. This Directive lays down minimum requirements
Amendment 246 #
Motion for a resolution Annex I – Article 1 – paragraph 1 1. This Directive lays down to enforce minimum requirements to enable workers who use digital tools, including ICT, for work purposes, to exercise and enforce their right to disconnect and to ensure that employers respect workers’ right to disconnect. It applies to all sectors, both public and private,
Amendment 247 #
Motion for a resolution Annex I – Article 1 – paragraph 1 1. This Directive lays down minimum requirements to enable workers
Amendment 248 #
Motion for a resolution Annex I – Article 1 – paragraph 2 2. This Directive particularises
Amendment 249 #
Motion for a resolution Annex I – Article 1 – paragraph 2 2. This Directive particularises and complements Directives 2003/88/EC, (EU) 2019/1152 and (EU) 2019/1158 for the purposes mentioned in paragraph 1 without prejudice to the requirements laid down in those Directives.
Amendment 25 #
Motion for a resolution Recital C a (new) Ca. whereas the use of digital tools for work purposes also allows for more flexibility that can improve the work-life balance, particularly in terms of less travelling time or being able to better adapt work to personal and family obligations;
Amendment 250 #
Motion for a resolution Annex I – Article 2 – paragraph 1 – point 1 (1) “disconnect” means not to engage in work-related activities or communications by means of digital tools, directly or indirectly, outside the contractually agreed working time;
Amendment 251 #
Motion for a resolution Annex I – Article 2 – paragraph 1 – point 1 (1) “disconnect” means not to engage in work-related activities or communications by means of digital tools, directly or indirectly, outside contractually agreed working time;
Amendment 252 #
Motion for a resolution Annex I – Article 2 – paragraph 1 – point 1 a (new) (1a) “telework” means organising and/or performing work, using information technology, in the context of an employment contract/relationship, where work, which could also be performed at the employer’s premises, is carried out away from those premises;
Amendment 253 #
Motion for a resolution Annex I – Article 2 – paragraph 1 – point 1 b (new) (1b) “teleworker” is any person carrying out telework;
Amendment 254 #
Motion for a resolution Annex I – Article 2 – paragraph 1 – point 2 (2) “contractually agreed working time” means working time as
Amendment 255 #
Motion for a resolution Annex I – Article 2 – paragraph 1 – point 2 (2) “working time” means contractually agreed working time as defined in point (1) of Article 2 of Directive 2003/88/EC.
Amendment 256 #
Motion for a resolution Annex I – Article 2 – paragraph 1 – point 2 a (new) (2a) ‘Rest period’ means rest period as defined in point (2) of Article 2 of Directive 2003/88/EC.
Amendment 257 #
Motion for a resolution Annex I – Article 2 a (new) Amendment 258 #
Motion for a resolution Annex I – Article 2 b (new) Article 2b Employment Conditions Member States shall take the necessary measures to ensure that teleworking does not affect the employment conditions of the teleworkers and that they benefit from the same rights, guaranteed by applicable legislation and collective agreements, as comparable workers at the employer’s premises.
Amendment 259 #
Motion for a resolution Annex I – Article 2 c (new) Amendment 26 #
Motion for a resolution Recital C b (new) Cb. whereas the use of such tools can therefore offer many advantages for workers and their employers;
Amendment 260 #
Motion for a resolution Annex I – Article 3 – paragraph -1 (new) -1. Member States shall ensure that the workload and performance standards of the teleworker are equivalent to those of comparable workers at the employer’s premises.
Amendment 261 #
Motion for a resolution Annex I – Article 3 – paragraph 1 1. Member States shall
Amendment 262 #
Motion for a resolution Annex I – Article 3 – paragraph 2 Amendment 263 #
Motion for a resolution Annex I – Article 3 – paragraph 2 Amendment 264 #
Motion for a resolution Annex I – Article 3 – paragraph 2 2. Member States shall ensure that employers record individual working times in an objective, reliable and accessible way. Any worker shall be allowed at any time to request and obtain the record of their working times. With the consent of the worker, workers' representatives shall have access to those records.
Amendment 265 #
Motion for a resolution Annex I – Article 3 – paragraph 3 Amendment 266 #
Motion for a resolution Annex I – Article 3 – paragraph 3 3. Members States shall ensure that employers implement the right to disconnect in a fair, lawful and transparent manner and with respect of workers’ privacy rights and data protection rules.
Amendment 267 #
Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 1 – introductory part 1. Member States shall ensure that
Amendment 268 #
Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 1 – introductory part 1. Member States shall ensure that all workers are able to exercise their right to disconnect and that employers implement that right. To that end, Member States shall provide for at least the following working conditions:
Amendment 269 #
Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 1 – introductory part 1. Member States shall ensure that workers are able to exercise their right to disconnect
Amendment 27 #
Motion for a resolution Recital C a (new) Ca. whereas the demographic trends at present in Europe reveal an ageing population, reduced fertility rates and migration waves; whereas the absence of the right to disconnect can be one of the reasons why some families find no time to have and care for children;
Amendment 270 #
Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 1 – point a (a) the practical arrangements for switching off digital tools
Amendment 271 #
Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 1 – point a (a) the practical arrangements for switching off digital tools for work purposes outside the agreed working hours, including any work-related monitoring or surveillance tools;
Amendment 272 #
Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 1 – point a (a)
Amendment 273 #
Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 1 – point a (a) the practical arrangements for switching off digital tools for work purposes, including any work-related monitoring
Amendment 274 #
Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 1 – point b Amendment 275 #
Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 1 – point b (b) the
Amendment 276 #
Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 1 – point c Amendment 277 #
Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 1 – point c Amendment 278 #
Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 1 – point c (c) the content and frequency of employers’ health and safety assessments, including psychosocial risk assessments, with regard to the right to disconnect and the alert procedures if there is a deterioration in workers’ physical and mental health;
Amendment 279 #
Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 1 – point d Amendment 28 #
Motion for a resolution Recital C b (new) Cb. whereas ‘permanent connectedness’ can have an impact on family life, and a lack of time to focus on and really care for children can become a real impediment to raising them;
Amendment 280 #
Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 1 – point e Amendment 281 #
Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 1 – point e Amendment 282 #
Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 1 – point f (f) the awareness-raising measures, including in-work training, to be taken by employers with regard to the working conditions referred to in this paragraph, including the prevention of work isolation.
Amendment 283 #
Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 1 – point f (f) the awareness-raising measures, including in-work training during working time, to be taken by employers with regard to the working conditions referred to in this paragraph.
Amendment 284 #
Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 1 a (new) Such measures shall be introduced in a way that is clear to employers and shall allow employers to be supported, if necessary, in introducing and guaranteeing the right to disconnect.
Amendment 285 #
Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 2 Amendment 286 #
Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 2 Amendment 287 #
Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 2 Any derogation under point (d) of the first subparagraph shall be provided for only in exceptional circumstances, such as force majeure or other emergencies, and subject to the employer providing each worker concerned with reasons in writing,
Amendment 288 #
Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 2 Any derogation under point (d) of the first subparagraph shall be provided for only in
Amendment 289 #
Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 3 Amendment 29 #
Motion for a resolution Recital D D. whereas the measures taken as a result of the COVID-19 crisis have changed the way in which people work; whereas over a third of Union workers started working from home during the lockdown, compared to 5% who usually worked from home, and there was a substantial increase in the use of digital tools for work purposes; whereas the COVID-19 crisis has proven that, within this period, remote working has increased, and the boundary between work and free time has become increasingly blurred;
Amendment 290 #
Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 3 Amendment 291 #
Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 3 Member States shall prohibit employers from derogating from their requirement to implement the right to disconnect under point (d) of the first subparagraph other than by means of collective agreement between the social partners as referred to in paragraphs 2 and 3.
Amendment 292 #
Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 3 Member States shall prohibit employers from derogating from their requirement to implement the right to disconnect under point (d) of the first subparagraph other than by means of collective agreement between the social partners as referred to in paragraphs 2 and 3.
Amendment 293 #
Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 3 a (new) Member States shall recommend to employers that any derogations from their requirement to implement the right to disconnect under point (d) of the first subparagraph should take the form of collective agreements, where possible.
Amendment 294 #
Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 4 Amendment 295 #
Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 4 Amendment 296 #
Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 4 Compensation for work performed outside working time as referred to in point (e) of the first subparagraph may take the form of leave or financial compensation. In the case of financial compensation, it shall be at least equivalent to the workers’ usual remuneration. Where overtime remuneration is agreed, such provisions must ensure that working time legislation is respected.
Amendment 297 #
Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 4 Compensation for work performed outside working time as referred to in point (e) of the first subparagraph may take the form of leave or financial compensation in accordance with national law and practice. In the case of financial compensation, it shall be at least equivalent to the workers’ usual remuneration.
Amendment 298 #
Motion for a resolution Annex I – Article 4 – paragraph 2 Amendment 299 #
Motion for a resolution Annex I – Article 4 – paragraph 2 2. Member States
Amendment 3 #
Motion for a resolution Citation 10 — having regard to the conventions and recommendations of the International Labour Organization (ILO), in particular the 1919 Hours of Work (Industry) Convention (No. 1), the 1930 Hours of Work (Commerce and Offices) Convention (No. 30), the1981 Collective Bargaining Recommendation (No. 163), the 1981 Convention on Workers with Family Responsibilities (No. 156) and its accompanying Recommendation (No. 165), as well as the 2019 ILO Centenary Declaration on the Future of Work,
Amendment 30 #
Motion for a resolution Recital D D. whereas the measures taken as a result of the COVID-19 crisis have changed the way in which people work and have demonstrated the importance of digital solutions, including the use of work-at-home schemes by companies, the self-employed and public administration bodies, across the Union; whereas over a third of Union workers started working from home during the lockdown, compared to 5 % who usually worked from home, and there was a substantial increase in the use of digital tools for work purposes;
Amendment 300 #
Motion for a resolution Annex I – Article 4 – paragraph 2 2. Member States
Amendment 301 #
Motion for a resolution Annex I – Article 4 – paragraph 2 2. Member States may entrust the
Amendment 302 #
Motion for a resolution Annex I – Article 4 – paragraph 2 2. Member States may entrust the social partners to conclude collective agreements providing for and implementing the working conditions referred to in paragraph 1.
Amendment 303 #
Motion for a resolution Annex I – Article 4 – paragraph 3 Amendment 304 #
Motion for a resolution Annex I – Article 4 – paragraph 3 3. Where
Amendment 305 #
Motion for a resolution Annex I – Article 4 – paragraph 3 3. Where Member States do not make use of the option provided for in paragraph 2, they shall ensure that the working conditions referred to in paragraph 1 are agreed in consultation with or between the social partners at the level of the employer undertaking.
Amendment 306 #
Motion for a resolution Annex I – Article 4 – paragraph 3 3. Where Member States do not make use of the option provided for in paragraph 2, they shall ensure that the
Amendment 307 #
Motion for a resolution Annex I – Article 4 – paragraph 3 3. Where Member States do not make use of the option provided for in paragraph 2, they shall ensure that the working conditions referred to in paragraph 1 are agreed between the social partners at
Amendment 308 #
Motion for a resolution Annex I – Article 4 – paragraph 3 a (new) 3a. After consulting the social partners at national level, Member States may establish precise arrangements on the conditions referred to in paragraph 1, to ensure an adequate level of protection in conformity with Union legislation and the enforcement of their right to disconnect for those workers not covered by collective agreement at any level.
Amendment 309 #
Motion for a resolution Annex I – Article 4 – paragraph 3 a (new) 3a. In consultation with the social partners at national level, Member States may establish precise arrangements to ensure an adequate level of protection in conformity with Union law and the enforcement of their right to disconnect for those workers not covered by collective agreement at any level.
Amendment 31 #
Motion for a resolution Recital D D. whereas the measures taken as a result of the COVID-19 crisis have changed the way in which people work; whereas over a third of Union workers started working from home during the lockdown, compared to 5% who usually worked from home,
Amendment 310 #
Motion for a resolution Annex I – Article 5 – paragraph 1 1. Member States shall ensure that employers are prohibited from discrimination, less favourable treatment, dismissal and other adverse measures on the ground that workers have exercised or have sought to exercise their right to disconnect. Employers must not be allowed to promote an ‘always on’ work culture whereby promotions and bonuses are given only to those who work without exercising their right to disconnect.
Amendment 311 #
Motion for a resolution Annex I – Article 5 – paragraph 1 1. Member States shall ensure that
Amendment 312 #
Motion for a resolution Annex I – Article 5 – paragraph 2 Amendment 313 #
Motion for a resolution Annex I – Article 5 – paragraph 2 Amendment 314 #
Motion for a resolution Annex I – Article 5 – paragraph 3 Amendment 315 #
Motion for a resolution Annex I – Article 5 – paragraph 3 3. Member States shall ensure that where workers who consider that they have been dismissed or witnessed adverse treatment on the grounds that they exercised or sought to exercise their right to disconnect establish, before a court or other competent authority, facts capable of giving rise to a presumption that they have been dismissed or witnessed adverse treatment on such grounds, it shall be for the employer to prove that the dismissal or adverse treatment was based on other grounds.
Amendment 316 #
Motion for a resolution Annex I – Article 5 – paragraph 3 3. Member States shall ensure that where workers who consider that they have been dismissed or witnessed adverse treatment on the grounds that they exercised or sought to exercise their right to disconnect establish, before a court or other competent authority, facts capable of giving rise to a presumption that they have been dismissed or witnessed adverse treatment on such grounds, it shall be for the employer to prove that the dismissal or witnessed adverse treatment was based on other grounds.
Amendment 317 #
Motion for a resolution Annex I – Article 5 – paragraph 4 Amendment 318 #
Motion for a resolution Annex I – Article 5 – paragraph 4 Amendment 319 #
Motion for a resolution Annex I – Article 5 – paragraph 5 Amendment 32 #
Motion for a resolution Recital D D. whereas the measures taken as a result of the COVID-19 crisis have changed the way in which people work; whereas over a third of Union workers started working from home during the lockdown, compared to 5 % who usually worked from home, and there was a substantial increase in the use of digital tools for work purposes and whereas telework is expected to remain higher than before the COVID-19 crisis and is expected to increase;
Amendment 320 #
Motion for a resolution Annex I – Article 5 – paragraph 6 Amendment 321 #
Motion for a resolution Annex I – Article 6 Amendment 322 #
Motion for a resolution Annex I – Article 6 – paragraph 1 1. Member States shall ensure that workers whose right to disconnect is violated have access to effective, external and impartial dispute resolution and a right of redress in the case of infringements of their rights arising from this Directive.
Amendment 323 #
Motion for a resolution Annex I – Article 6 – paragraph 1 1. Member States shall ensure that workers whose right to disconnect is violated have access to swift, effective and impartial dispute resolution and a right of redress in the case of infringements of their rights arising from this Directive.
Amendment 324 #
Motion for a resolution Annex I – Article 6 – paragraph 1 1. Member States shall ensure that workers whose right to disconnect is violated have access to effective, fast and impartial dispute resolution and a right of redress in the case of infringements of their rights arising from this Directive.
Amendment 325 #
Motion for a resolution Annex I – Article 7 Amendment 326 #
Motion for a resolution Annex I – Article 7 – paragraph 1 – introductory part Member States shall ensure that employers provide each worker with sufficient information on their right to disconnect, without this imposing an excessive administrative burden on businesses, in particular SMEs and very small enterprises, including a written statement setting out the terms of any applicable collective or other agreements. Such information shall include at least the following:
Amendment 327 #
Motion for a resolution Annex I – Article 7 – paragraph 1 – introductory part Member States shall ensure that employers provide each worker with sufficient information on their right to disconnect
Amendment 328 #
Motion for a resolution Annex I – Article 7 – paragraph 1 – introductory part Member States shall ensure that employers provide each worker
Amendment 329 #
Motion for a resolution Annex I – Article 7 – paragraph 1 – point a a) the practical arrangements of a technical and organisational nature needed for switching off digital tools for work purposes, including any work-related monitoring or surveillance tools, as referred to in point (a) of Article 4(1), and the designation of rest times to ensure that workers actually benefit from them, can lead their personal lives, and are free to nurture their emotional and social relationships;
Amendment 33 #
Motion for a resolution Recital D D. whereas the measures taken as a result of the COVID-19 crisis have changed the way in which people work; whereas, according to Eurofound, over a third of Union workers started working from home during the lockdown, compared to 5 % who usually worked from home, and there was a substantial increase in the use of digital tools for work purposes;
Amendment 330 #
Motion for a resolution Annex I – Article 7 – paragraph 1 – point a (a) the practical arrangements for switching off outside agreed working hours digital tools for work purposes, including any work-related monitoring or surveillance tools, as referred to in point (a) of Article 4(1);
Amendment 331 #
Motion for a resolution Annex I – Article 7 – paragraph 1 – point a (a) the practical arrangements for switching off digital tools for work purposes, including any work-related monitoring
Amendment 332 #
Motion for a resolution Annex I – Article 7 – paragraph 1 – point b Amendment 333 #
Motion for a resolution Annex I – Article 7 – paragraph 1 – point b (b) the
Amendment 334 #
Motion for a resolution Annex I – Article 7 – paragraph 1 – point c Amendment 335 #
Motion for a resolution Annex I – Article 7 – paragraph 1 – point c Amendment 336 #
Motion for a resolution Annex I – Article 7 – paragraph 1 – point d Amendment 337 #
Motion for a resolution Annex I – Article 7 – paragraph 1 – point e Amendment 338 #
Motion for a resolution Annex I – Article 7 – paragraph 1 – point f Amendment 339 #
Motion for a resolution Annex I – Article 7 – paragraph 1 – point g Amendment 34 #
Motion for a resolution Recital D a (new) Da. whereas, even though tools for digital work are usually provided, families with young children or with dependent relatives requiring care do not get practical support in order to manage both digital work and care responsibilities; whereas only real practical support to those categories of workers, including single parents and bigger families, can bring an efficient balance;
Amendment 340 #
Motion for a resolution Annex I – Article 7 – paragraph 1 – point h Amendment 341 #
Motion for a resolution Annex I – Article 8 Amendment 342 #
Motion for a resolution Annex I – Article 8 – paragraph 1 Member States
Amendment 343 #
Motion for a resolution Annex I – Article 8 – paragraph 1 Amendment 344 #
Motion for a resolution Annex I – Article 8 – paragraph 1 Member States shall lay down the rules on penalties applicable to infringements 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, and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall, by ... [two years after the date of entry into force of this Directive], notify the Commission of those rules and
Amendment 345 #
Motion for a resolution Annex I – Article 8 – paragraph 1 Member States shall lay down the rules on penalties applicable to infringements 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, and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective
Amendment 346 #
Motion for a resolution Annex I – Article 10 – paragraph 1 1. By ... [
Amendment 347 #
Motion for a resolution Annex I – Article 10 – paragraph 2 2. On the basis of the information provided by the Member States pursuant to paragraph 1, the Commission shall, by ... [
Amendment 35 #
Motion for a resolution Recital D a (new) Da. whereas the fallout of the COVID- 19 crisis has taken a higher toll on women, both economically and domestically, whereas teleworking in a time of social distancing and lockdown is proving to be burdensome for many working mothers as they juggle work, home-schooling and care, particularly women with small children;
Amendment 36 #
Motion for a resolution Recital E E. whereas the right to disconnect should be a
Amendment 37 #
Motion for a resolution Recital E E. whereas the right to disconnect should be a fundamental right and an important social policy objective at Union level to ensure protection of the rights of all workers in the new digital era;
Amendment 38 #
Motion for a resolution Recital E E. whereas the right to disconnect is
Amendment 39 #
Motion for a resolution Recital E E. whereas the right to disconnect should be
Amendment 4 #
Motion for a resolution Citation 10 — having regard to the conventions and recommendations of the International Labour Organization (ILO), in particular the 1919 Hours of Work (Industry) Convention (No. 1), the 1930 Hours of Work (Commerce and Offices) Convention (No. 30), the 1981 Collective Bargaining Recommendation (No. 163), the 1981 Convention on Workers with Family Responsibilities (No. 156) and its accompanying Recommendation (No. 165), as well as the 2019 ILO Centenary Declaration on the Future of Work;
Amendment 40 #
Motion for a resolution Recital E a (new) Ea. whereas technological advances have added a new layer of complexity to monitoring and surveillance in the workplace; whereas the use of intrusive digital technologies in the workplace is to some extent addressed and regulated only in some Member states; whereas Article 8 of the European Convention of Human Rights (ECHR) states that ‘everyone has the right to the protection of personal data concerning him or her’[BR1]; and whereas this has been used across national jurisdictions to protect employees’ privacy in the employment context; whereas Article 8 ECHR and the implementation of the GDPR should ensure that the employee receive adequate information on the scope and nature of the monitoring and surveillance and that the employer is required to justify the measures and minimize their impact by deploying the least intrusive methods;
Amendment 41 #
Motion for a resolution Recital E a (new) Ea. whereas the Eurofound study stating that 27% of respondents working from home reported that they had worked in their free time to meet work demands1a; __________________ 1a https://www.eurofound.europa.eu/publicat ions/blog/covid-19-unleashed-the- potential-for-telework-how-are-workers- coping.
Amendment 42 #
Motion for a resolution Recital E a (new) Ea. whereas women have been far more affected by the COVID-19 pandemic than men due to their predominant or still traditional role of home and family carers;
Amendment 43 #
Motion for a resolution Recital E b (new) Amendment 44 #
Motion for a resolution Recital E c (new) Ec. whereas intrusive characteristics of the technology can aggravate phenomena such as isolation, techno- addiction, sleep deprivation, emotional exhaustion, anxiety and burnout, creating a poor quality of life;
Amendment 45 #
Motion for a resolution Recital E d (new) Ed. whereas monotonous repetitive manipulations with or without an object over long periods of time may lead to musculoskeletal disorders;
Amendment 46 #
Motion for a resolution Recital E e (new) Ee. whereas the digital transition offers economic and societal benefits as well as new opportunities for businesses and workers, while at the same time giving rise to a number of ethical, legal and employment related challenges; the digital transition should have a positive impact on working conditions and be guided by respect for human rights as well as the fundamental rights and values of the Union;
Amendment 47 #
Motion for a resolution Recital E f (new) Ef. whereas workers’ data collection and artificial intelligence applications in the workplace and for labour management go beyond accumulation and aggregation, including predicting, measuring, reporting and analysing employee potential and performance, making it more difficult for workers to effectively exercise their right to disconnect, either because of direct surveillance or by encouraging workers to adopt self-tracking software or devices, because of power imbalances within labour relations or because managers appeal to people’s tendency towards competitiveness as a method to overcome resistance to the adaptation of technologies that make it difficult for workers to disconnect from work;
Amendment 48 #
Motion for a resolution Recital E g (new) Eg. whereas in recent years many new forms of workspace and work performance surveillance are being used more intensively, allowing companies and the software they are using to track many aspects of human biological activities, or conditions of their working and living environments which did not exist previously, providing information for real-time analytics and prediction to business managers on workers surveillance, risking workers’ right to disconnect;
Amendment 49 #
Motion for a resolution Paragraph 1 1. Stresses that digital tools, including ICT, for work purposes have increased flexibility with regard to the time, place and manner in which work can be performed and workers can be reached; highlights the fact that flexibility has been widely welcomed by a majority of workers, creating a better work-life balance and easing everyday life for individuals as well as families; notes that the needs of workers differ greatly; emphasises in this regard the importance of developing frameworks at workplace level in order to enhance personal flexibility while safeguarding the right to private life;
Amendment 5 #
Motion for a resolution Citation 10 a (new) — having regard to the Council of European (Revised) European Social Charter, as referred to in Article 151 TFEU, and in particular its Articles 2 ESC (just working conditions including working time/rest periods), article 3 (healthy and safety conditions at work), article 6 (Collective Bargaining) and article 27 (protection of workers with family responsibilities),
Amendment 50 #
Motion for a resolution Paragraph 1 1. Stresses that digital tools, including ICT, for work purposes have increased flexibility with regard to the time, place and manner in which work can be performed and workers can be reached (even outside of their working hours) in a labour context characterised by a lack of legal regulation, trade unions presence, collective bargaining agreements and by the proliferation of non-standard or atypical forms of employment arrangements;
Amendment 51 #
Motion for a resolution Paragraph 1 a (new) 1a. Highlights that the use of these new tools can therefore be an asset to employers and to workers in terms of more flexibility, less travelling time, and sometimes easier management of their personal and family obligations;
Amendment 52 #
Motion for a resolution Paragraph 1 a (new) 1a. Believes that the social partners at sectorial or company level are best suited to put in place flexible frameworks, which promote personal flexibility and the protection of workers’ rights; calls in this regard on the Member States to promote such frameworks;
Amendment 53 #
Motion for a resolution Paragraph 2 2. Highlights that constant connectivity combined with high job demands and the rising expectation that workers are reachable at any time can negatively affect workers’ fundamental rights and their physical and mental health and well-being; stresses the fact that according to evidence from Eurofound’s EWCS survey, twice as many regular teleworkers report working in excess of the 48 hours stipulated in Union law and resting for less than 11 hours between working days compared to those working on the employers’ premises; notes that almost 30% of such teleworkers report working in their free time every day or several times a week, compared to below 5% of ‘office’ based workers; notes with great concern that according to the same findings, regular teleworkers are also more likely to report suffering from work- related stress and being affected by sleep disorders; underlines that other effects on health of regular home-based telework and high mobile workers are headaches and eyestrain, fatigue, anxiety and musculoskeletal disorders.
Amendment 54 #
Motion for a resolution Paragraph 2 2.
Amendment 55 #
Motion for a resolution Paragraph 2 2. Highlights that constant connectivity combined with high job demands and the rising expectation that workers are reachable at any time can negatively affect workers’ fundamental rights and their physical and mental health and well-being, but can also result in innovative methods and forms of working that are tailored to the current market and ICT situation, thereby allowing greater freedom and independence;
Amendment 56 #
Motion for a resolution Paragraph 2 2. Highlights that constant connectivity combined with high job demands and the rising expectation that workers are reachable at any time can negatively affect workers’ fundamental
Amendment 57 #
Motion for a resolution Paragraph 2 2. Highlights that constant connectivity combined with high job demands and the rising expectation that workers are reachable at any time can negatively affect workers’ fundamental rights and their physical and mental health
Amendment 58 #
Motion for a resolution Paragraph 2 2. Highlights that constant connectivity combined with high job demands and the rising expectation that workers are reachable at any time can negatively affect workers’ fundamental rights
Amendment 59 #
Motion for a resolution Paragraph 2 a (new) 2a. Acknowledges that the effective recording of working time can contribute to respecting contractual working time; stresses that, while it is important that working time is recorded for the purposes of ensuring agreed hours and legal limits are not exceeded, attention must be paid to effectiveness, given that regulations on this matter exist only in a few Member States;
Amendment 6 #
Motion for a resolution Citation 10 a (new) — having regard to the Council of European (Revised) European Social Charter, as referred to in Article 151 TFEU, and in particular its Articles 2 ESC (just working conditions including working time/rest periods), article 3 (healthy and safety conditions at work) , article 6 (Collective Bargaining) and article 27 (protection of workers with family responsibilities)
Amendment 60 #
Motion for a resolution Paragraph 2 a (new) 2a. Recalls that constant connectivity is not only a work-related issue as excessive use of digital devices and tools in personal life can influence physical and mental well-being as well;
Amendment 61 #
Motion for a resolution Paragraph 3 3. Notes that ‘an increasing body of evidence underlines that the effects of a
Amendment 62 #
Motion for a resolution Paragraph 3 3. Notes that ‘an increasing body of evidence underlines that the effects of a
Amendment 63 #
Motion for a resolution Paragraph 4 4. Acknowledges the importance of using digital tools for work purposes properly and efficiently, for both workers and employers, with care to avoid any infringement of workers’ rights to fair working conditions, including a fair remuneration, the limitation of working time and work-life balance, as well as health and safety at work;
Amendment 64 #
Motion for a resolution Paragraph 4 4. Acknowledges the importance of using digital tools for work purposes reasonably, properly and efficiently, with care to avoid
Amendment 65 #
Motion for a resolution Paragraph 5 5. Believes that interruptions of workers’ non-working time increase the risk of unremunerated overtime, may lead to decreased work productivity, have a negative impact on their work-life balance, prevent them from properly recovering from work, and increase the risk of psychosocial and physical problems, such as anxiety, depression
Amendment 66 #
Motion for a resolution Paragraph 5 5. Believes that interruptions of workers’ non-working time increase the risk of unremunerated overtime
Amendment 67 #
Motion for a resolution Paragraph 5 5. Believes that interruptions of workers’ non-working time increase the risk of health and safety at work, unremunerated overtime, have a negative impact on their work-life balance, prevent them from properly recovering from work, and increase the risk of psychosocial and physical problems, such as anxiety, depression and burnout;
Amendment 68 #
Motion for a resolution Paragraph 5 5. Believes that interruptions of workers’ non-working time and extended working hours increase the risk of unremunerated overtime, have a negative impact on their work-life balance, prevent them from properly recovering from work, and increase the risk of psychosocial and physical problems, such as anxiety, depression and burnout;
Amendment 69 #
Motion for a resolution Paragraph 5 5. Believes that interruptions of workers’ non-working time increase the risk of unremunerated overtime, have a negative impact on their work-life balance, prevent them from properly recovering from work, and increase the risk of psychosocial, mental and physical problems, such as anxiety, depression and burnout;
Amendment 7 #
Motion for a resolution Citation 11 a (new) — having regard to the Framework Agreement on Telework of 2002,
Amendment 70 #
Motion for a resolution Paragraph 5 a (new) 5a. Underlines the importance of establishing the criteria for determining how remuneration for work performed outside working hours is to be calculated;
Amendment 71 #
Motion for a resolution Paragraph 6 6. Acknowledges Eurofound findings
Amendment 72 #
Motion for a resolution Paragraph 6 6. Acknowledges Eurofound findings
Amendment 73 #
Motion for a resolution Paragraph 6 6. Acknowledges Eurofound findings that show that people who work from home are more prone to working longer and more irregular hours; stresses that the number of workers in the Union reporting long working hours or who are unable to benefit from non-working time is increasing and calls on the Commission and Member States to improve research and data collection to have a detailed assessment of the problems related to the right to disconnect;
Amendment 74 #
Motion for a resolution Paragraph 6 a (new) 6a. Points out that the use of digital tools for extended periods of time may cause a lack of concentration and emotional difficulties, which have an impact on all family members; recalls that the International Agency for Research on Cancer has classified RF radiation as carcinogenic; points out that pregnant women are at particular risk;
Amendment 75 #
Motion for a resolution Paragraph 6 a (new) 6a. Takes note of Eurofound’s predictions that workers in the aftermath of the COVID-19 crisis are “likely to experience benefits such as increased flexibility to manage the needs of work and family life, more autonomy and improved productivity”;
Amendment 76 #
Motion for a resolution Paragraph 6 a (new) 6a. Recognises that with correct use, digital working can increase overall satisfaction of the employee and enable him or her to schedule the work at his or her convenience;
Amendment 77 #
Motion for a resolution Paragraph 7 7. Reiterates that the combination of long working hours and higher demands on people working from home during the COVID-19 crisis is likely to pose higher than expected risks for workers, especially women and youth, with a negative impact on the quality of their working time and their work-life balance; considers however that regulating work-at-home schemes would contribute to enhancing work-life balance, reducing CO2 emissions related to the daily commute, promoting productivity and increasing employment opportunities, particularly for people with disabilities, and may serve as a tool to tackle rural depopulation;
Amendment 78 #
Motion for a resolution Paragraph 7 7. Reiterates that the combination of long working hours and higher demands on people working from home during the COVID-19 crisis
Amendment 79 #
Motion for a resolution Paragraph 7 7. Reiterates that
Amendment 8 #
Motion for a resolution Citation 13 a (new) — having regard to the Eurofound Working Paper entitled ‘The right to disconnect in the 27 EU Member aStates’1a, ___________________________ 1aEurofound (2020), The right to disconnect in the 27 EU Member States
Amendment 80 #
Motion for a resolution Paragraph 7 7. Reiterates that the combination of long working hours and higher demands on people working from home during the COVID-19 crisis is likely to pose higher than expected risks for workers, with a negative impact on the quality of their
Amendment 81 #
Motion for a resolution Paragraph 7 7. Reiterates that the combination of long working hours and higher demands on people working from home during the COVID-19 crisis is likely to pose higher than expected risks for workers, with a negative impact on the quality of their working time and their work-life balance; however, it can also prove beneficial by increasing efficiency and excellence in the performance of work;
Amendment 82 #
Motion for a resolution Paragraph 7 7. Reiterates that the combination of long working hours
Amendment 83 #
Motion for a resolution Paragraph 7 7. Reiterates that albeit instrumental in helping to safeguard employment during the COVID-19 crisis, increased home working can pose risks and hazards for workers because of the combination of long working hours and higher demands on people working from home
Amendment 84 #
Motion for a resolution Paragraph 7 7. Reiterates that the combination of long working hours and higher demands on people working from home during the COVID-19 crisis is likely to pose higher than expected risks for workers, with a negative impact on the quality of their working time and their work-life balance as well as their physical and mental health;
Amendment 85 #
Motion for a resolution Paragraph 7 7. Reiterates that the combination of long working hours and higher demands on people working from home during the COVID-19 crisis is likely to pose higher than expected risks for workers and their families, with a negative impact on the quality of their working time and their work-life balance;
Amendment 86 #
Motion for a resolution Paragraph 7 a (new) 7a. Highlights the difficulties that arise when work is not tied to a specific place and when connectivity to work is constant, when the line between work and home becomes blurred, and when work spills into family time;
Amendment 87 #
Motion for a resolution Paragraph 7 b (new) 7b. Stresses that people who telework from home are more likely to experience sleep disorders, for example, related to irregular working time patterns, stress and exposure to the light of digital screens, and notes that headache and eye strain are also more common among these workers; acknowledges the findings by Eurofound indicating that regular home-based telework can take a physical toll on workers, since workspaces set up ad hoc in the home as well as laptops and other ICT equipment may not meet ergonomic standards; notes that this can lead to constrained or poor postures, which puts teleworkers at risk of developing musculoskeletal disorders;
Amendment 88 #
Motion for a resolution Paragraph 8 8. Stresses that workers’ right to health and safety at work is key to the right to disconnect in protecting workers’ physical and mental health and well-being and protecting them from psychosocial risks; reiterates the importance of
Amendment 89 #
Motion for a resolution Paragraph 8 8. Stresses that workers’ right to health and safety at work is key to the right to disconnect in protecting workers’ physical and mental health and well-being and protecting them from psychosocial risks; reiterates the importance of implementing psychosocial risk assessments at private and public company level;
Amendment 9 #
Motion for a resolution Citation 13 b (new) — having regard to European social partner framework agreements on telework (2002) and digitalisation (2020),
Amendment 90 #
Motion for a resolution Paragraph 8 8. Stresses that workers’ right to
Amendment 91 #
Motion for a resolution Paragraph 8 8. Stresses that workers’ right to health and safety at work is key to the right to disconnect in protecting
Amendment 92 #
Motion for a resolution Paragraph 8 a (new) 8a. Emphasises the importance of the principle of equality between men and women in light of the disproportionate impact of such tools on workers with caring responsibilities, who tend to be women; underlines the risk of aggravating the already critical situation of women’s employment, since women perform a greater share of parenting and household work;
Amendment 93 #
Motion for a resolution Paragraph 9 9. Acknowledges that the right to disconnect is not explicitly regulated in Union law and should remain so; recalls that a number of Member States have taken steps to regulate the use of digital tools for work purposes in order to provide safeguards and protection to workers and therefore firmly rejects the need for legislation at a Union level; considers this proposal to be counterproductive to the Commission's goal to cut red tape for businesses and against the principle of establishing a competitive labour market;
Amendment 94 #
Motion for a resolution Paragraph 9 9. Acknowledges that the right to disconnect is not explicitly regulated in Union law; recalls that a number of Member States have taken steps to regulate the use of digital tools for work purposes in order to provide safeguards and protection to workers; calls on the Commission to coordinate those national measures to ensure common working conditions without detriment to social rights and mobility within the Union;
Amendment 95 #
Motion for a resolution Paragraph 9 9. Acknowledges that the right to disconnect is not explicitly regulated in Union law; recalls, however, that according to current legislation, workers are not required to be available to the employer constantly and without interruption; recalls that a number of Member States have taken steps to regulate the use of digital tools for work purposes in order to provide safeguards and protection to workers;
Amendment 96 #
Motion for a resolution Paragraph 9 9. Acknowledges that the right to disconnect is not explicitly regulated in Union law; recalls that a number of Member States have taken steps to regulate the use of digital tools for work purposes in order to provide safeguards and protection to workers; encourages the Member States to exchange the best practices in this matter;
Amendment 97 #
Motion for a resolution Paragraph 9 9. Acknowledges that the right to disconnect is not explicitly regulated in Union law; recalls that a number of Member States and the social partners have taken steps to regulate in law and/or collective agreements the use of digital tools for work purposes in order to provide safeguards and protection to workers;
Amendment 98 #
Motion for a resolution Paragraph 9 9. Acknowledges that the right to disconnect is not explicitly regulated in Union law; recalls that a number of Member States and the social partners have taken steps to regulate in law and/or collective agreements the use of digital tools for work purposes in order to provide safeguards and protection to workers;
Amendment 99 #
Motion for a resolution Paragraph 9 9. Acknowledges that the right to
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History
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