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Amendementen op ontwerpadvies - AMENDMENTS 45 - 255 - Draft opinion Transparent and predictable working conditions in the European Union - Flow Kenniscentrum

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    European Parliament

    2014-2019

    Committee on Legal Affairs

    2017/0355(COD)

    5.7.2018

    AMENDMENT

    45 - 255

    Draft opinion Kostas Chrysogonos

    (PE621.111v01-00)

    AM_Com_LegOpinion

    Amendment 45 Daniel Buda

    Proposal for a directive

    Recital 1

    Text proposed by the Commission Amendment

    • (1) 
      The Charter of Fundamental Rights (1) The Charter of Fundamental Rights

    of the European Union provides in its Article 31 that every worker has the right to working conditions which respect his or her health, safety and dignity, and to limitation of maximum working hours, to daily and weekly rest periods and to an annual period of paid leave. of the European Union provides in its Article 31 that every worker has the right to working conditions which respect his or her health, safety and dignity, and to limitation of maximum working hours, to daily and weekly rest periods and to an annual period of paid leave. This Directive ensures that its provisions are in line with the European Social Charter, the Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms.

    Or. ro

    Amendment 46 Daniel Buda

    Proposal for a directive Recital 2

     

    type and duration of the employment relationship, workers have the right to fair and equal treatment regarding working conditions, access to social protection and training, that employment relationships that lead to precarious working conditions is to be prevented, including by prohibiting abuse of atypical contracts, that any probationary period should be of reasonable duration and that the transition towards open-ended forms of employment is to be fostered. unjustified dismissal, a right to redress, including adequate compensation. Principle 5 provides that regardless of the type and duration of the employment relationship, workers have the right to fair and equal treatment regarding working conditions, access to social protection and training, that employment relationships that lead to precarious working conditions is to be prevented, including by prohibiting abuse of atypical contracts, that any probationary period should be of reasonable duration and that the transition towards open-ended forms of employment

    is to be fostered, while giving employers the necessary flexibility to adapt swiftly to any economic shifts.

    Or. ro

    Amendment 47 Daniel Buda

    Proposal for a directive

    Recital 3

    Text proposed by the Commission Amendment

    of new forms of employment, workers in the Union should also be provided with a number of new minimum rights aimed at promoting security and predictability in employment relationships while achieving upward convergence across Member States and preserving labour market adaptability. destabilising the labour market. In this evolving world of work, there is therefore an increased need for workers to be fully informed about their essential working conditions, which should occur in a written

    form and as rapidly as possible. In order adequately to frame the development of

    these new forms of employment, workers in the Union should also be provided with a number of new minimum rights aimed at promoting security and predictability in employment relationships while achieving upward convergence across Member States and preserving labour market adaptability.

    __________________ __________________

    33 Council Directive 91/533/EC of 14 33 Council Directive 91/533/EC of 14

    October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ L 288, 18.10.1991, p. 32). October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ L 288, 18.10.1991, p. 32).

    Or. ro

    Amendment 48 Răzvan Popa

    Proposal for a directive Recital 3

     

    be fully informed about their essential working conditions, which should occur in a written form and in a timely manner. In order adequately to frame the development of new forms of employment, workers in the Union should also be provided with a number of new minimum rights aimed at promoting security and predictability in employment relationships while achieving upward convergence across Member States and preserving labour market adaptability. regardless of their particular field, to be fully informed about their essential working conditions, which should occur in a written form and in a timely manner. order adequately to frame the development of new forms of employment, workers in the Union should also be provided with a number of new minimum rights aimed at promoting security and predictability in employment relationships while achieving upward convergence across Member States and preserving labour market adaptability.

    __________________ __________________

    33 Council Directive 91/533/EC of 14 33 Council Directive 91/533/EC of 14

    October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ L 288, 18.10.1991, p. 32). October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ L 288, 18.10.1991, p. 32).

    Or. ro

    Amendment 49 Francis Zammit Dimech

    Proposal for a directive Recital 4

     

    Proposal for a directive

    Recital 5

    Text proposed by the Commission Amendment

    • (5) 
      Minimum requirements relating to (5) Minimum standards relating to

    information on the essential aspects of the employment relationship and relating to working conditions that apply to every worker should therefore be established at Union level in order to guarantee all

    workers in the Union an adequate degree of transparency and predictability as regards their working conditions. information on the essential aspects of the employment relationship and relating to working conditions that apply to every

    worker, whatever their employment contract or employment relationship, should therefore be established at Union level in order to guarantee all workers in

    the Union the same degree of transparency, security and predictability as regards their working conditions.

    Or. ro

    Amendment 51 Ana Miranda, Tamás Meszerics

    on behalf of the Verts/ALE Group

    Proposal for a directive

    Recital 5

    Text proposed by the Commission Amendment

    Proposal for a directive Recital 5 a (new)

    Text proposed by the Commission Amendment

    (5a) The objective of this Directive - to

    promote a safer and more predictable labour supply, while ensuring labour market adaptability, access to innovation and better living and working conditions - can be achieved by giving all workers more efficient access to information regarding their working conditions, improving working conditions, especially for workers engaged in new and atypical forms of work, implementing the legislation more effectively and increasing labour market transparency, while avoiding the imposition of excessive burdens on businesses of any size.

    Or. ro

    Amendment 53 Ana Miranda, Tamás Meszerics

    on behalf of the Verts/ALE Group

    Proposal for a directive Recital 7

     

    criteria, domestic workers, on-demand workers, intermittent workers, voucher based-workers, platform workers, trainees and apprentices could come within scope

    of this Directive. presumption of an employment relationship. The definition of worker in

    Article 2(1) needs to be based on the criteria developed by both ECJ and ILO. They ensure a uniform implementation of the personal scope of the Directive while leaving it to national authorities and courts to apply it to specific situations. Provided that they fulfil those criteria, domestic workers, on-demand workers, intermittent workers, voucher based-workers, platform workers, trainees and apprentices could come within scope of this Directive.

    __________________ __________________

    34 Judgments of 3 July 1986, Deborah 34 Judgments of 3 July 1986, Deborah

    Lawrie-Blum, Case 66/85; 14 October 2010, Union Syndicale Solidaires Isère, Case C-428/09; 9 July 2015, Balkaya, Case

    C-229/14; 4 December 2014, FNV Kunsten, Case C-413/13; and 17 November 2016, Ruhrlandklinik, Case C- 216/15. Lawrie-Blum, Case 66/85; 14 October 2010, Union Syndicale Solidaires Isère, Case C-428/09; 9 July 2015, Balkaya, Case

    C-229/14; 4 December 2014, FNV Kunsten, Case C-413/13; and 17 November 2016, Ruhrlandklinik, Case C- 216/15.

    Or. en

    Amendment 54 Daniel Buda

    Proposal for a directive Recital 7

     

    authorities and courts to apply it to specific situations. Provided that they fulfil those criteria, domestic workers, on-demand workers, intermittent workers, voucher based-workers, platform workers, trainees and apprentices could come within scope of this Directive. Directive. The definition of worker in Article 2(1) is based on these criteria. They ensure a uniform implementation of the personal scope of the Directive while leaving it to national authorities and courts to apply it to specific situations. Provided that they fulfil those criteria, domestic workers, on-demand workers, intermittent workers, voucher based-workers, platform workers, trainees and apprentices could come within scope of this Directive.

    __________________ __________________

    34 Judgments of 3 July 1986, Deborah 34 Judgments of 3 July 1986, Deborah Lawrie-Blum, Case 66/85; 14 October 2010, Union Syndicale Solidaires Isère, Case C-428/09; 9 July 2015, Balkaya, Case

    C-229/14; 4 December 2014, FNV Kunsten, Case C-413/13; and 17 November 2016, Ruhrlandklinik, Case C- 216/15.

    Lawrie-Blum, Case 66/85; 14 October 2010, Union Syndicale Solidaires Isère, Case C-428/09; 9 July 2015, Balkaya, Case

    C-229/14; 4 December 2014, FNV Kunsten, Case C-413/13; and 17 November 2016, Ruhrlandklinik, Case C- 216/15.

    Or. ro

    Amendment 55 Răzvan Popa

    Proposal for a directive Recital 7

     

    criteria, domestic workers, on-demand workers, intermittent workers, voucher based-workers, platform workers, trainees and apprentices could come within scope of this Directive. criteria, domestic workers, on-demand workers, intermittent workers, voucher based-workers, platform workers, trainees, apprentices and researchers could come within scope of this Directive.

    __________________ __________________

    34 Judgments of 3 July 1986, Deborah 34 Judgments of 3 July 1986, Deborah

    Lawrie-Blum, Case 66/85; 14 October 2010, Union Syndicale Solidaires Isère, Case C-428/09; 9 July 2015, Balkaya, Case

    C-229/14; 4 December 2014, FNV Kunsten, Case C-413/13; and 17 November 2016, Ruhrlandklinik, Case C- 216/15. Lawrie-Blum, Case 66/85; 14 October 2010, Union Syndicale Solidaires Isère, Case C-428/09; 9 July 2015, Balkaya, Case

    C-229/14; 4 December 2014, FNV Kunsten, Case C-413/13; and 17 November 2016, Ruhrlandklinik, Case C- 216/15.

    Or. ro

    Amendment 56 Kostas Chrysogonos

    Proposal for a directive

    Recital 7

    Text proposed by the Commission Amendment

    • (7) 
      In order to ensure effectiveness of (7) In order to ensure effectiveness of

    the rights provided by the Union law, the personal scope of Directive 91/533/EEC should be updated. In its case law, the Court of Justice of the European Union has established criteria for determining the status of a workerthe rights provided by the Union law, the personal scope of Directive 91/533/EEC should be updated. In its case law, the Court of Justice of the European Union has established criteria for determining the status of a worker

    __________________ __________________

    34 Judgments of 3 July 1986, Deborah 34 Judgments of 3 July 1986, Deborah

    Lawrie-Blum, Case 66/85; 14 October 2010, Union Syndicale Solidaires Isère, Case C-428/09; 9 July 2015, Balkaya, Case

    C-229/14; 4 December 2014, FNV Kunsten, Case C-413/13; and 17 November 2016, Ruhrlandklinik, Case C- 216/15. Lawrie-Blum, Case 66/85; 14 October 2010, Union Syndicale Solidaires Isère, Case C-428/09; 9 July 2015, Balkaya, Case

    C-229/14; 4 December 2014, FNV Kunsten, Case C-413/13; and 17 November 2016, Ruhrlandklinik, Case C- 216/15.

    Or. en

    Amendment 57 Ana Miranda, Tamás Meszerics

    on behalf of the Verts/ALE Group

    Proposal for a directive Recital 7 a (new)

    Text proposed by the Commission Amendment

    (7a) In line with ILO recommendation

    198, where, under direction “cannot be directly established, economic dependency should be considered the core additional criterion in assessing whether the person is a worker.

    parties’ description of the relationship.

    Or. en

    Amendment 59 Ana Miranda, Tamás Meszerics

    on behalf of the Verts/ALE Group

    Proposal for a directive Recital 7 c (new)

    Text proposed by the Commission Amendment

    (7c) In line with ILO recommendation

    198, it should be automatically provided for a legal presumption that an employment relationship exists where one or more relevant indicators are present.

    Or. en

    Amendment 60 Kostas Chrysogonos

    Proposal for a directive Recital 8

     

    Amendment 61 Ana Miranda, Tamás Meszerics

    on behalf of the Verts/ALE Group

    Proposal for a directive

    Recital 8

    Text proposed by the Commission Amendment

    • (8) 
      In view of the increasing number deleted

    of workers excluded from the scope of Directive 91/533/EEC on the basis of derogations made by Member States under Article 1 of that Directive, it is necessary to replace these derogations with a possibility for Member States not to apply the provisions of the Directive to a work relationship equal to or less than 8 hours in total in a reference period of one month. That derogation does not affect the definition of a worker as provided for

    in Article 2(1).

    Or. en

    Amendment 62 Ana Miranda, Tamás Meszerics

    on behalf of the Verts/ALE Group

    Proposal for a directive Recital 9

     

    Amendment 63 Kostas Chrysogonos

    Proposal for a directive

    Recital 9

    Text proposed by the Commission Amendment

    • (9) 
      Due to the unpredictability of on-deleted

    demand work including zero-hour contracts, the derogation of 8 hours per month should not be used for employment relationships in which no guaranteed amount of paid work is determined before the start of the employment.

    Or. en

    Amendment 64 Kostas Chrysogonos

    Proposal for a directive Recital 10

    Text proposed by the Commission Amendment

    • (10) 
      Several different natural or legal (10) Several different natural or legal

    persons may in practice assume the functions and responsibilities of an employer. Member States should remain free to determine more precisely the person(s) who are considered totally or partially responsible for the execution of the obligations that this Directive lays down for employers, as long as all those obligations are fulfilled. Member States should also be able to decide that some or all of these obligations are to be assigned to a natural or legal person who is not party to the employment relationship. Member States should be able to establish specific rules to exclude individuals acting as employers for domestic workers in the household from the obligations to consider and respond to a request for a different type of employment, to provide cost-free mandatory training, and from persons may in practice assume the functions and responsibilities of an employer. Member States should remain free to determine more precisely the person(s) who are considered totally, partially or jointly responsible for the execution of the obligations that this Directive lays down for employers, as long as all those obligations are fulfilled. Member States should also be able to decide that some or all of these obligations are to be assigned to a natural or legal person who is not party to the employment relationship.

    coverage of the redress mechanism based on favourable presumptions in the case of missing information in the written statement.

    Or. en

    Amendment 65 Ana Miranda, Tamás Meszerics

    on behalf of the Verts/ALE Group

    Proposal for a directive Recital 10

    Text proposed by the Commission Amendment

    • (10) 
      Several different natural or legal (10) Several different natural or legal

    persons may in practice assume the functions and responsibilities of an employer. Member States should remain free to determine more precisely the person(s) who are considered totally or partially responsible for the execution of the obligations that this Directive lays down for employers, as long as all those obligations are fulfilled. Member States should also be able to decide that some or all of these obligations are to be assigned to a natural or legal person who is not party to the employment relationship. Member States should be able to establish specific rules to exclude individuals acting as employers for domestic workers in the household from the obligations to consider and respond to a request for a different type of employment, to provide cost-free mandatory training, and from coverage of the redress mechanism based on favourable presumptions in the case of missing information in the written statement. persons may in practice assume the functions and responsibilities of an employer. Member States should remain free to determine more precisely the person(s) who are considered totally or partially responsible for the execution of the obligations that this Directive lays down for employers, as long as all those obligations are fulfilled. Member States should also be able to decide that some or all of these obligations are to be assigned to a natural or legal person who is not party to the employment relationship. If several natural and or legal persons are responsible as employer, they are jointly and severally liable.

    Amendment 66 António Marinho e Pinto

    Proposal for a directive Recital 10

    Text proposed by the Commission Amendment

    • (10) 
      Several different natural or legal (10) Several different natural or legal

    persons may in practice assume the functions and responsibilities of an employer. Member States should remain free to determine more precisely the person(s) who are considered totally or partially responsible for the execution of the obligations that this Directive lays down for employers, as long as all those obligations are fulfilled. Member States should also be able to decide that some or all of these obligations are to be assigned to a natural or legal person who is not party to the employment relationship. Member States should be able to establish specific rules to exclude individuals acting as employers for domestic workers in the household from the obligations to consider and respond to a request for a different type of employment, to provide cost-free mandatory training, and from coverage of the redress mechanism based on favourable presumptions in the case of missing information in the written statement. persons may in practice assume the functions and responsibilities of an employer. Member States should remain free to determine more precisely the person(s) who are considered totally or partially responsible for the execution of the obligations that this Directive lays

    down for employers, as long as all those obligations are fulfilled in line with the corporate social responsibility of an entity founded on work. Member States should also be able to decide that some or all of these obligations are to be assigned to a natural or legal person who is not party to the employment relationship. Member States should be able to establish specific rules to exclude individuals acting as employers for domestic workers in the household from the obligations to consider and respond to a request for a different type of employment, to provide cost-free mandatory training, and from coverage of the redress mechanism based on favourable presumptions in the case of missing information in the written statement.

     

    Text proposed by the Commission Amendment

    • (10) 
      Several different natural or legal (10) Several different natural or legal

    persons may in practice assume the functions and responsibilities of an employer. Member States should remain free to determine more precisely the person(s) who are considered totally or partially responsible for the execution of the obligations that this Directive lays down for employers, as long as all those obligations are fulfilled. Member States should also be able to decide that some or all of these obligations are to be assigned to a natural or legal person who is not party to the employment relationship. Member States should be able to establish specific rules to exclude individuals acting as employers for domestic workers in the household from the obligations to consider and respond to a request for a different type of employment, to provide cost-free mandatory training, and from coverage of the redress mechanism based on favourable presumptions in the case of missing information in the written statement. persons may in practice assume the functions and responsibilities of an employer. Member States should remain free to determine more precisely the person(s) who are considered totally or partially responsible for the execution of the obligations that this Directive lays down for employers, as long as all those obligations are fulfilled. Member States should also be able to decide that some or all of these obligations are to be assigned to a natural or legal person who is not party to the employment relationship. If several natural and or legal persons are responsible as employer, they are jointly and severally liable.

    Or. en

    extend that minimum list in line with national requirements.

    Or. ro

    Amendment 69 Ana Miranda, Tamás Meszerics

    on behalf of the Verts/ALE Group

    Proposal for a directive Recital 11

    Text proposed by the Commission Amendment

    • (11) 
      Directive 91/533/EEC introduced a (11) Directive 91/533/EEC introduced a

    minimum list of essential aspects on which workers have to be informed in writing. It is necessary to adapt that list in order to take account of developments on the labour market, in particular the growth of non-standard forms of employment. minimum list of essential aspects on which workers have to be informed in writing. It

    is necessary to clarify that this is an open minimum list and to adapt that list to the need to better protect workers, in particular regarding the growth of non- standard forms of employment.

    Or. en

    Amendment 70 Daniel Buda

    Proposal for a directive Recital 12

     

    November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9). November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9).

    Or. ro

    Amendment 71 Ana Miranda, Tamás Meszerics

    on behalf of the Verts/ALE Group

    Proposal for a directive Recital 13

    Text proposed by the Commission Amendment

    • (13) 
      Information on remuneration to be (13) Information on remuneration to be

    provided should include all elements of the remuneration, including contributions in cash or kind, directly or indirectly received by the worker in respect of his or her work. The provision of such information should be without prejudice to the freedom for employers to provide for additional elements of remuneration such as one-off payments. The fact that elements of remuneration due by law or collective agreement have not been included in that information should not constitute a reason for not providing them to the worker. provided should include but not be limited to all elements of the remuneration, as well as the method of calculation, including contributions in cash or kind, directly or indirectly received by the worker in respect

    of his or her work, overtime payments, bonuses and other entitlements, such as sick pay. The provision of such information should be without prejudice to the freedom for employers to provide for additional elements of remuneration such as one-off payments. The fact that elements of remuneration due by law or collective agreement have not been included in that information should not constitute a reason for not providing them to the worker.

    the employment, workers should know how their work schedule will be established, including the time slots in which they may be called to work and the minimum advance notice they should receive. the employment, workers should be informed how their work schedule will be established, including the time slots in which they may be called to work and the minimum advance notice they should receive.

    Or. ro

    Amendment 73 António Marinho e Pinto

    Proposal for a directive Recital 14 a (new)

    Text proposed by the Commission Amendment

    (14a) Working hours should be organized in line with economic principles and productivity but also from a strictly human perspective in the sense that working hours should be progressively reduced in order to provide workers with increased leisure.

    Or. pt

    schemes within the meaning of Council Directive 98/49/ECcoverage by supplementary pension schemes within the meaning of Council Directive 98/49/EC

    36 and Directive

    2014/50/EU of the European Parliament and of the Council.36 and Directive

    37 2014/50/EU of the European Parliament and of the Council.

    37

    __________________ __________________

    36 Council Directive 98/49/EC of 29 June 36 Council Directive 98/49/EC of 29 June

    1998 on safeguarding the supplementary pension rights of employed and self- employed persons moving within the Community (OJ L 209, 25.7.1998, p. 46). 1998 on safeguarding the supplementary pension rights of employed and self- employed persons moving within the Community (OJ L 209, 25.7.1998, p. 46).

    37 Directive 2014/50/EU of the European 37 Directive 2014/50/EU of the European

    Parliament and of the Council of 16 April 2014 on minimum requirements for enhancing worker mobility between Member States by improving the acquisition and preservation of supplementary pension rights (OJ L 128, 30.4.2014, p. 1). Parliament and of the Council of 16 April 2014 on minimum requirements for enhancing worker mobility between Member States by improving the acquisition and preservation of supplementary pension rights (OJ L 128, 30.4.2014, p. 1).

    Or. en

    Amendment 75 Ana Miranda, Tamás Meszerics

    on behalf of the Verts/ALE Group

    Proposal for a directive Recital 16

     

    Amendment 76 Răzvan Popa

    Proposal for a directive Recital 16

    Text proposed by the Commission Amendment

    • (16) 
      Workers should have the right to be (16) Workers should have the right to be

    informed about their rights and obligations resulting from the employment relationship

    in writing at the start of employment. The relevant information should therefore reach them at the latest on the first day of the employment. informed about their rights and obligations resulting from the employment relationship

    in writing before the start of employment. The relevant information should therefore reach them at the latest on the first day of the employment.

    Or. ro

    Amendment 77 Daniel Buda

    Proposal for a directive Recital 17

    Text proposed by the Commission Amendment

    • (17) 
      In order to help employers to (17) In order to help employers to

    provide timely information, Member States should ensure the availability of templates at national level including relevant and sufficiently comprehensive information on the legal framework applicable. These

    templates may be further developed at sectoral or local level, by national authorities and social partners. provide timely information, Member States should ensure the availability of templates at national level including relevant and sufficiently comprehensive information on the legal framework applicable. The European Commission should assist Member States in producing these templates in order to avoid any discrepancies in content between the various Member States. The content of these templates may be determined at sectoral or local level, by national authorities and social partners, provided

    that no disproportionate or excessive additional administrative burdens are created.

    Amendment 78 Răzvan Popa

    Proposal for a directive Recital 17

    Text proposed by the Commission Amendment

    • (17) 
      In order to help employers to (17) In order to help employers to

    provide timely information, Member States should ensure the availability of templates at national level including relevant and sufficiently comprehensive information on the legal framework applicable. These templates may be further developed at sectoral or local level, by national authorities and social partners. provide timely information, Member States should ensure the availability of

    predetermined templates at national level including relevant and sufficiently comprehensive information on the legal framework applicable. These templates may be further developed at sectoral or local level, by national authorities and social partners.

    Or. ro

    Amendment 79 Răzvan Popa

    Proposal for a directive Recital 18

    Text proposed by the Commission Amendment

    these obligations apply if the duration of the work period abroad is more than four consecutive weeks. these obligations apply if the duration of the work period abroad is more than four

    consecutive weeks. Workers posted abroad must be notified in the official language of the country where the initial employment contract is signed.

    __________________ __________________

    38 Directive 96/71/EC of the European 38 Directive 96/71/EC of the European

    Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1). Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1).

    Or. ro

    Amendment 80 Ana Miranda, Tamás Meszerics

    on behalf of the Verts/ALE Group

    Proposal for a directive Recital 18

    Text proposed by the Commission Amendment

    • (18) 
      Workers posted or sent abroad (18) Workers posted or sent abroad

    should receive additional information specific to their situation. For successive work assignments in several Member States or third countries, such as in international road transport, that information may be grouped for several assignments before the first departure and subsequently modified in case of change. Where they qualify as posted workers under Directive 96/71/EC of the European Parliament and of the Council,should receive additional information specific to their situation. For successive work assignments in several Member States or third countries, such as in international road transport, that information may be grouped for several assignments before the first departure and

    subsequently modified before the commencement of the relevant assignment or in case of change. Where they qualify as posted workers under Directive 96/71/EC of the European Parliament and of the Council,

    __________________ __________________

    38 Directive 96/71/EC of the European 38 Directive 96/71/EC of the European

    Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1). Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1).

    Or. en

    Amendment 81 Ana Miranda, Tamás Meszerics

    on behalf of the Verts/ALE Group

    Proposal for a directive Recital 19

    Text proposed by the Commission Amendment

    • (19) 
      Probationary periods allow (19) Probationary periods allow

    employers to verify that workers are suitable for the position for which they have been engaged while providing them with accompanying support and training. Such periods may be accompanied by reduced protection against dismissal. Any entry into the labour market or transition to a new position should not be subject to prolonged insecurity. As established in the European Pillar of Social Rights, probationary periods should therefore be of reasonable duration. A substantial number of Member States have established a general maximum duration of probation between three and six months, which should be considered reasonable. Probationary periods may be longer than

    six months where this is justified by the nature of the employment such as for managerial positions and where this is in the interest of the worker, such as in the case of long illness or in the context of specific measures promoting permanent employment notably for young workers. employers to verify if that workers are suitable for the position for which they have been engaged while providing them with accompanying support and training. Any entry into the labour market or transition to a new position should not be subject to prolonged insecurity. As established in the European Pillar of Social Rights, probationary periods should therefore be of reasonable duration. A substantial number of Member States have established a general maximum duration of probation between three and six months, which should be considered reasonable and therefore by no means be exceeded beyond 6 months.

    Amendment 82 Kostas Chrysogonos

    Proposal for a directive Recital 19

    Text proposed by the Commission Amendment

    • (19) 
      Probationary periods allow (19) Probationary periods allow

    employers to verify that workers are suitable for the position for which they have been engaged while providing them with accompanying support and training. Such periods may be accompanied by reduced protection against dismissal. Any entry into the labour market or transition to a new position should not be subject to prolonged insecurity. As established in the European Pillar of Social Rights, probationary periods should therefore be of reasonable duration. A substantial number of Member States have established a general maximum duration of probation between three and six months, which should be considered reasonable. Probationary periods may be longer than

    six months where this is justified by the nature of the employment such as for managerial positions and where this is in the interest of the worker, such as in the case of long illness or in the context of specific measures promoting permanent employment notably for young workers. employers to verify that workers are suitable for the position for which they have been engaged while providing them with accompanying support and training. Any entry into the labour market or transition to a new position should not be subject to prolonged insecurity. As established in the European Pillar of Social Rights, probationary periods should therefore be of reasonable duration. A substantial number of Member States have established a general maximum duration of probation between three and six months, which should be considered reasonable and should not be extended under any circumstance. Probationary periods may

    be longer than three months only where this is in the interest of the worker, such as in the case of long illness or in the context of specific measures promoting permanent employment notably for young workers.

    Text proposed by the Commission Amendment

    • (20) 
      Employers should not prohibit (20) Employers should not prohibit

    workers from taking up employment with other employers, outside the time spent working for them, within the limits set out in Directive 2003/88/EC of the European Parliament and of the Council.workers from taking up employment with other employers, outside the time spent working for them, within the limits set out in Directive 2003/88/EC of the European Parliament and of the Council.

    39 39.

    Incompatibility clauses, understood as a restriction on working for specific categories of employers, may be necessary for objective reasons, such as the protection of business secrets or the avoidance of conflicts of interests.

    __________________ __________________

    39 Directive 2003/88/EC of the European 39 Directive 2003/88/EC of the European

    Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9). Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9).

    Or. en

    Amendment 84 Daniel Buda

    Proposal for a directive Recital 20

     

    accompanied by a detailed justification.

    __________________ __________________

    39 Directive 2003/88/EC of the European 39 Directive 2003/88/EC of the European

    Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9). Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9).

    Or. ro

    Amendment 85 Răzvan Popa

    Proposal for a directive Recital 20

    Text proposed by the Commission Amendment

    • (20) 
      Employers should not prohibit (20) Employers should not prohibit

    workers from taking up employment with other employers, outside the time spent working for them, within the limits set out in Directive 2003/88/EC of the European Parliament and of the Councilworkers from taking up employment with other employers, outside the time spent working for them, within the limits set out in Directive 2003/88/EC of the European Parliament and of the Council

    • 39. 
      39. Member

    Incompatibility clauses, understood as a restriction on working for specific categories of employers, may be necessary for objective reasons, such as the protection of business secrets or the avoidance of conflicts of interests. States shall have the right to adopt

    incompatibility clauses, understood as a restriction on working for specific

    categories of employers, which may be necessary for objective reasons, such as the protection of business secrets or the avoidance of conflicts of interests.

    Proposal for a directive Recital 22

    Text proposed by the Commission Amendment

    • (22) 
      Reference hours and days, (22) Reference hours and days,

    understood as time slots where work can take place at the request of the employer, should be established in writing at the start of the employment relationship. understood as time slots where work can take place at the request of the employer, should be established in writing before the start of the employment relationship.

    Or. ro

    Amendment 87 Ana Miranda, Tamás Meszerics

    on behalf of the Verts/ALE Group

    Proposal for a directive Recital 23

    Text proposed by the Commission Amendment

    • (23) 
      A reasonable minimum advance (23) A reasonable minimum advance

    notice, understood as the period of time between the moment a worker is informed about a new work assignment and the moment the assignment starts, constitutes another necessary element of predictability of work for employment relationships with work schedule which are variable or mostly determined by the employer. The length of the advance notice period may vary according to the needs of sectors, while ensuring adequate protection of workers. It applies without prejudice to Directive 2002/15/EC of the European Parliament and of the Council.notice, understood as the period of time between the moment a worker is informed about a new work assignment and the moment the assignment starts, constitutes another necessary element of predictability of work for employment relationships with work schedule which are variable or mostly determined by the employer. The length of the advance notice period should where possible be negotiated by the responsible Social Partners and may not fall below the standards established by this directive. It applies without prejudice to Directive 2002/15/EC of the European Parliament and of the Council.

    Or. en

    Amendment 88 Răzvan Popa

    Proposal for a directive Recital 23

    Text proposed by the Commission Amendment

    • (23) 
      A reasonable minimum advance (23) A reasonable minimum advance

    notice, understood as the period of time between the moment a worker is informed about a new work assignment and the moment the assignment starts, constitutes another necessary element of predictability of work for employment relationships with work schedule which are variable or mostly determined by the employer. The length of the advance notice period may vary according to the needs of sectors, while ensuring adequate protection of workers. It applies without prejudice to Directive 2002/15/EC of the European Parliament and of the Councilnotice, understood as the period of time between the moment a worker is informed about a new work assignment and the moment the assignment starts, constitutes another necessary element of predictability of work for employment relationships with work schedule which are variable or mostly determined by the employer. The length of the advance notice period, which must be no less than three days, may vary according to the needs of sectors, while ensuring adequate protection of workers. It applies without prejudice to Directive 2002/15/EC of the European Parliament and of the Council

    40.

    40.

    __________________ __________________

    40 Directive 2002/15/EC of the European 40 Directive 2002/15/EC of the European

    Text proposed by the Commission Amendment

    • (23) 
      A reasonable minimum advance (23) A reasonable minimum advance

    notice, understood as the period of time between the moment a worker is informed about a new work assignment and the moment the assignment starts, constitutes another necessary element of predictability of work for employment relationships with work schedule which are variable or mostly determined by the employer. The length of the advance notice period may

    vary according to the needs of sectors, while ensuring adequate protection of workers. It applies without prejudice to Directive 2002/15/EC of the European Parliament and of the Council.notice of fifteen days, understood as the period of time between the moment a worker is informed about a new work assignment and the moment the assignment starts, constitutes another necessary element of predictability of work for employment relationships with work schedule which are variable or mostly determined by the employer. The length of the advance notice period may be longer according to the needs of sectors, while ensuring adequate protection of workers. It applies without prejudice to Directive 2002/15/EC of the European Parliament and of the Council.

    40

    40

    __________________ __________________

    40 Directive 2002/15/EC of the European 40 Directive 2002/15/EC of the European

    Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities (OJ L 80, 23.3.2002, p. 35). Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities (OJ L 80, 23.3.2002, p. 35).

    Or. en

    from the employer, which takes into account the needs of the employer and of

    the worker. transition to employment of indefinite duration. Workers should be able to request another more predictable and secure form of employment, where

    available, and receive an appropriately substantiated written response from the employer, which takes into account the needs of the employer and of the worker.

    Or. ro

    Amendment 91 Ana Miranda, Tamás Meszerics

    on behalf of the Verts/ALE Group

    Proposal for a directive Recital 25

    Text proposed by the Commission Amendment

    • (25) 
      Where employers have the (25) Where employers have the

    possibility to offer full-time or open-ended labour contracts to workers in non-standard forms of employment, a transition to more secure forms of employment should be promoted. Workers should be able to

    request another more predictable and secure form of employment, where available, and receive a written response from the employer, which takes into

    account the needs of the employer and of the worker. possibility to offer full-time or open-ended labour contracts to workers in non-standard forms of employment, a transition to more secure forms of employment should be promoted. Workers should be able to

    convert to another more predictable and secure form of employment, where available, and receive a written response to their request for a conversion from the employer, based on objective grounds which takes into account the needs of the worker.

    possibility to offer full-time or open-ended labour contracts to workers in non-standard forms of employment, a transition to more secure forms of employment should be promoted. Workers should be able to request another more predictable and secure form of employment, where available, and receive a written response from the employer, which takes into account the needs of the employer and of the worker. possibility to offer full-time or open-ended labour contracts to workers in non-standard forms of employment, a transition to more secure forms of employment should be promoted. Workers should be able to request another more predictable and secure form of employment, where available, and receive a written response

    from the employer within a suitable period of time, which takes into account the needs of the employer and of the worker.

    Or. ro

    Amendment 93 Ana Miranda, Tamás Meszerics

    on behalf of the Verts/ALE Group

    Proposal for a directive Recital 26

    Text proposed by the Commission Amendment

    • (26) 
      Where employers are required by (26) Where employers are required by

    legislation or collective agreements to provide training to workers to carry out the work for which they are employed, it is important to ensure that such training is provided equally, including to those in non-standard forms of employment. The costs of such training should not be charged to the worker nor withheld or deducted from the worker's remuneration. legislation or collective agreements or internal rules to provide training to workers to carry out the work for which they are employed, it is important to ensure that such training is provided equally and without discrimination, including to those in non-standard forms of employment. The costs of such training should not be charged to the worker nor withheld or deducted from the worker's remuneration.

    The training should take place during working hours.

    Text proposed by the Commission Amendment

    • (27) 
      Social partners may consider that in (27) Social partners may consider that in

    specific sectors or situations different provisions are more appropriate, for the pursuit of the purpose of this Directive, than the minimum standards set in Chapter Three of this Directive. Member States should therefore be able to allow social partners to conclude collective agreements modifying the provisions contained in that chapter, as long as the overall level of protection of workers is not lowered. specific sectors or situations different provisions are more appropriate, for the pursuit of the purpose of this Directive,

    offering greater protection than the minimum standards set in Chapter Three of

    this Directive. Given the crucial role of the social partners at all levels in promoting and implementing the European Social Pillar, Member States should therefore be able to allow social partners to conclude collective agreements modifying the provisions contained in that chapter, as long as the overall level of non-discriminatory protection of workers

    protection of workers is not lowered under any circumstances.

    Or. ro

    Amendment 95 Kostas Chrysogonos

    Proposal for a directive Recital 27

     

    Amendment 96 Ana Miranda, Tamás Meszerics

    on behalf of the Verts/ALE Group

    Proposal for a directive Recital 27

    Text proposed by the Commission Amendment

    • (27) 
      Social partners may consider that in (27) Social partners may consider that in

    specific sectors or situations different provisions are more appropriate, for the pursuit of the purpose of this Directive,

    than the minimum standards set in Chapter Three of this Directive. Member States should therefore be able to allow social partners to conclude collective agreements modifying the provisions

    contained in that chapter, as long as the overall level of protection of workers is not lowered. specific sectors or situations different provisions are more appropriate, for the pursuit of the purpose of this Directive, as long as these are in full compliance with this Directive. Member States should therefore be able to allow social partners to conclude collective agreements modifying the provisions contained in this Directive

    as long as the rights established by this Directive are not lowered.

    Or. en

    Amendment 97 Jytte Guteland

    Proposal for a directive Recital 27 a (new)

     

    directive is respected.

    Or. en

    Amendment 98 Ana Miranda, Tamás Meszerics

    on behalf of the Verts/ALE Group

    Proposal for a directive Recital 27 a (new)

    Text proposed by the Commission Amendment

    (27a) The Member States should ensure the elimination of all kind of discrimination with regard to all aspects of remuneration and terms and conditions of employment and regardless of the contract type of the worker.

    Or. en

    Amendment 99 Ana Miranda, Tamás Meszerics

    on behalf of the Verts/ALE Group

    Proposal for a directive Recital 28

     

    rarely seek redress during the employment relationship, which jeopardises the goal of the provision of the written statement to ensure workers are informed about their essential features of their employment relationship. It is therefore necessary to introduce enforcement provisions which ensure the use either of favourable presumptions where information about the employment relationship is not provided,

    or of an administrative procedure under which the employer may be required to provide the missing information and subject to sanction if it does not. That redress should be subject to a procedure by which the employer is notified that information is missing and has 15 days in which to supply complete and correct information. rarely seek redress during the employment relationship, which jeopardises the goal of the provision of the written statement to ensure workers are informed about their essential features of their employment relationship. It is therefore necessary to introduce enforcement provisions which ensure the use either of favourable presumptions where information about the employment relationship is not provided,

    and of an administrative procedure under which the employer may be required to provide the missing information and subject to sanction if it does not.

    __________________ __________________

    41 SWD(2017)205 final, page 26. 41 SWD(2017)205 final, page 26.

    Or. en

    Amendment 100 Kostas Chrysogonos

    Proposal for a directive Recital 28

     

    rarely seek redress during the employment relationship, which jeopardises the goal of the provision of the written statement to ensure workers are informed about their essential features of their employment relationship. It is therefore necessary to introduce enforcement provisions which

    ensure the use either of favourable presumptions where information about the employment relationship is not provided,

    or of an administrative procedure under which the employer may be required to provide the missing information and subject to sanction if it does not. That redress should be subject to a procedure by which the employer is notified that information is missing and has 15 days in which to supply complete and correct information. rarely seek redress during the employment relationship, which jeopardises the goal of the provision of the written statement to ensure workers are informed about their essential features of their employment relationship. It is therefore necessary to introduce enforcement provisions which ensure the use of favourable presumptions where information about the employment relationship is not provided, and of an administrative procedure under which the employer may be required to provide the missing information and subject to sanction if it does not. That redress should be subject to a procedure by which the employer is notified that information is missing and has 15 days in which to supply complete and correct information.

    __________________ __________________

    41 SWD(2017)205 final, page 26. 41 SWD(2017)205 final, page 26.

    Or. en

    Amendment 101 Ana Miranda, Tamás Meszerics

    on behalf of the Verts/ALE Group

    Proposal for a directive Recital 29

     

    enforcement provisions to all matters relating to working conditions.

    Or. en

    Amendment 102 Daniel Buda

    Proposal for a directive Recital 29

    Text proposed by the Commission Amendment

    • (29) 
      An extensive system of (29) An extensive system of

    enforcement provisions for the social acquis in the Union has been adopted since Directive 91/533/EEC, notably in the fields of anti-discrimination and equal opportunities, elements of which should be applied to this Directive in order to ensure that workers have access to effective and impartial dispute resolution and a right to redress, including adequate compensation, reflecting the Principle 7 of the European Pillar of Social Rights. enforcement provisions for the social acquis in the Union has been adopted since Directive 91/533/EEC, notably in the fields of anti-discrimination and equal opportunities, elements of which should be applied to this Directive in order to ensure

    that workers, as defined in Article 2 of this Directive, have access to effective and impartial dispute resolution and a right to redress, including adequate compensation, reflecting the Principle 7 of the European Pillar of Social Rights.

    Or. ro

    benefit from such a system. Therefore Members States should allow trade unions to seek representative actions aimed at the protection of the collective interests of workers.

    Or. en

    Amendment 104 Ana Miranda, Tamás Meszerics

    on behalf of the Verts/ALE Group

    Proposal for a directive Recital 33 a (new)

    Text proposed by the Commission Amendment

    (33a) The burden of proof that there has been no employment relationship should fall on the natural or legal person identifiable as employer based on the primacy of facts.

    Or. en

    Amendment 105 Ana Miranda, Tamás Meszerics

    on behalf of the Verts/ALE Group

    Proposal for a directive Recital 33 b (new)

     

    Amendment 106 António Marinho e Pinto

    Proposal for a directive Recital 36 a (new)

    Text proposed by the Commission Amendment

    (36a) Work must be structured according to its individual and collective economic goals, but also as an instrument through which the worker achieves fulfilment as a human being.

    Or. pt

    Amendment 107 António Marinho e Pinto

    Proposal for a directive Recital 36 b (new)

    Text proposed by the Commission Amendment

    (36b) To this extent, work acquires a personal and individual dimension, as well as a collective and social dimension.

    assess the impact of their transposition act on SMEs in order to make sure that SMEs are not disproportionately affected, with specific attention for micro- enterprises and for administrative burden, and to publish the results of such assessments.

    Or. en

    Amendment 109 António Marinho e Pinto

    Proposal for a directive Recital 36 b (new)

    Text proposed by the Commission Amendment

    (36b) To this extent, work thus acquires a personal and individual dimension, as well as a collective and social dimension.

    Or. pt

    Amendment 110 Ana Miranda, Tamás Meszerics

    on behalf of the Verts/ALE Group

    Proposal for a directive Recital 38

     

    Amendment 111 Daniel Buda

    Proposal for a directive Article 1 – paragraph 1

    Text proposed by the Commission Amendment

    • 1. 
      The purpose of this Directive is to 1. The purpose of this Directive is to

    improve working conditions by promoting more secure and predictable employment while ensuring labour market adaptability. improve working conditions by promoting more secure and predictable employment while ensuring labour market adaptability

    and the efficient and non-discriminatory application of the law.

    Or. ro

    Amendment 112 Răzvan Popa

    Proposal for a directive Article 1 – paragraph 1

    Text proposed by the Commission Amendment

    • 1. 
      The purpose of this Directive is to 1. The purpose of this Directive is to

    improve working conditions by promoting more secure and predictable employment while ensuring labour market adaptability. improve working conditions by promoting

    more secure, transparent and predictable employment while ensuring labour market adaptability.

    adaptability.

    Or. pt

    Amendment 114 Francis Zammit Dimech

    Proposal for a directive Article 1 – paragraph 1

    Text proposed by the Commission Amendment

    • 1. 
      The purpose of this Directive is to 1. The purpose of this Directive is to

    improve working conditions by promoting more secure and predictable employment

    while ensuring labour market adaptability. improve working conditions by promoting

    more secure, transparent, clear, informed and predictable employment.

    Or. en

    Amendment 115 Jytte Guteland

    Proposal for a directive Article 1 – paragraph 2

    Text proposed by the Commission Amendment

    Text proposed by the Commission Amendment

    • 2. 
      This Directive lays down minimum 2. This Directive lays down minimum

    rights that apply to every worker in the Union. rights that apply to every worker in the

    Union. These minimum rights apply to every person who is de facto a worker regardless of their formal status or the existence of a written employment contract.

    Or. en

    Amendment 117 Kostas Chrysogonos

    Proposal for a directive Article 1 – paragraph 2

    Text proposed by the Commission Amendment

    • 2. 
      This Directive lays down minimum 2. This Directive lays down minimum

    rights that apply to every worker in the Union. rights that apply to every worker in the

    public and private sector in the European

    Union without exception.

    Or. en

    Amendment 119 Răzvan Popa

    Proposal for a directive Article 1 – paragraph 3

    Text proposed by the Commission Amendment

    • 3. 
      Member States may decide not to deleted

    apply the obligations in this Directive to workers who have an employment relationship equal to or less than 8 hours in total in a reference period of one month. Time worked with all employers forming or belonging to the same enterprise, group or entity shall count towards that 8 hour period.

    Or. ro

    Amendment 120 Ana Miranda, Tamás Meszerics

    on behalf of the Verts/ALE Group

    Proposal for a directive Article 1 – paragraph 3

    Text proposed by the Commission Amendment

    Proposal for a directive Article 1 – paragraph 3

    Text proposed by the Commission Amendment

    • 3. 
      Member States may decide not to 3. (Does not apply to English

    apply the obligations in this Directive to workers who have an employment relationship equal to or less than 8 hours in total in a reference period of one month. Time worked with all employers forming or belonging to the same enterprise, group or entity shall count towards that 8 hour

    period. version)

    (This amendment applies to the whole text)

    Or. de

    Justification

    For reasons of gender equality, the German version rightly uses the terms ‘Arbeitnehmer’ (male) and ‘Arbeitnehmerin’ (female) to translate the English term ‘worker’. Consequently, the English term ‘employer’ must be translated as ‘Arbeitgeberin’ (female) and ‘Arbeitgeber’ (male). This is especially true given that, in German, most employers are in the feminine, for example ‘die Gesellschaft’ (company) or ‘die Firma (firm).

    Amendment 122 Răzvan Popa

    Proposal for a directive Article 1 – paragraph 4

     

    Proposal for a directive Article 1 – paragraph 4 a (new)

    Text proposed by the Commission Amendment

    4a. Paragraph 2 is without prejudice

    to workers who are undergoing training including trainees and apprentices.

    Or. en

    Amendment 124 Ana Miranda, Tamás Meszerics

    on behalf of the Verts/ALE Group

    Proposal for a directive Article 1 – paragraph 5

    Text proposed by the Commission Amendment

    • 5. 
      Member States may determine 5. Member States may determine

    which persons are responsible for the execution of the obligations for employers laid down by this Directive as long as all those obligations are fulfilled. They may also decide that all or part of these obligations shall be assigned to a natural or legal person who is not party to the employment relationship. This paragraph is without prejudice to Directive 2008/104/EC. which persons are responsible for the execution of the obligations for employers laid down by this Directive as long as all those obligations are fulfilled. They may also decide that all or part of these obligations shall be assigned to a natural or legal person who is not party to the employment relationship. This paragraph is without prejudice to Directive

    2008/104/EC. Where one or more natural or legal person(s) who is or are directly or indirectly party to an employment relationship with a worker, they shall be jointly and severally liable for obligations under this Directive.

    Text proposed by the Commission Amendment

    • 5. 
      Member States may determine 5. Member States may determine

    which persons are responsible for the execution of the obligations for employers laid down by this Directive as long as all those obligations are fulfilled. They may also decide that all or part of these obligations shall be assigned to a natural or legal person who is not party to the employment relationship. This paragraph is without prejudice to Directive 2008/104/EC. which persons are responsible for the execution of the obligations for employers laid down by this Directive as long as all those obligations are fulfilled. They may also decide that all or part of these obligations shall be assigned to a natural or legal person who is not party to the

    employment relationship. Nevertheless, the Employers shall continue to be responsible for ensuring that the obligations laid down therein are met appropriately and in full. This paragraph is without prejudice to Directive 2008/104/EC.

    Or. en

    Amendment 126 Francis Zammit Dimech

    Proposal for a directive Article 1 – paragraph 6

    Text proposed by the Commission Amendment

    Text proposed by the Commission Amendment

    • 6. 
      Member States may decide not to deleted

    apply the obligations set out in Articles 10 and 11 and Article 14(a) to natural persons belonging to a household where work is performed for that household.

    Or. en

    Justification

    This exemption is a violation of ILO Convention 189, for which the EU has requested ratification by its Member States.

    http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_ILO_CODE

    :C189

    Amendment 128 Francis Zammit Dimech

    Proposal for a directive Article 1 – paragraph 7

    Text proposed by the Commission Amendment

    • 7. 
      Chapter II of this Directive applies 7. Chapter II of this Directive applies

    to seafarers and fishermen without prejudice to Council Directive 2009/13/EC and Council Directive (EU) 2017/159, respectively. to seafarers and sea fishermen, taking into account the specific conditions of the sector, without prejudice to Council Directive 2009/13/EC and Council Directive (EU) 2017/159, respectively or any relevant Union provisions being more specific and granting a higher level of protection to seafarers and fishermen. The obligations set out in Articles 3(2) (k), (l), (n),4(2), 6, 8, 9 and 10 shall not apply to seafarers and sea fishermen.

    Proposal for a directive Article 1 – paragraph 7

    Text proposed by the Commission Amendment

    • 7. 
      Chapter II of this Directive applies 7. This Directive applies to seafarers

    to seafarers and fishermen without prejudice to Council Directive 2009/13/EC and Council Directive (EU) 2017/159, respectively. and fishermen without prejudice to Council Directive 2009/13/EC and Council Directive (EU) 2017/159, respectively.

    Or. en

    Amendment 130 Jytte Guteland

    Proposal for a directive Article 2 – paragraph 1 – point a

    Text proposed by the Commission Amendment

    (a) ‘worker’ means a natural person deleted

    -

    who for a certain period of time performs services for and under the direction of another person in return for remuneration;

    dependency.

    Or. en

    Justification

    ECJ Ruhrlandklinik: In accordance with the settled case-law of the Court, the essential feature of an employment relationship is that, for a certain period of time, a person performs services for and under the direction of another person, in return for which he receives remuneration, the legal characterisation under national law and the form of that relationship, as well as the nature of the legal relationship between those two persons, not being decisive in that regard (see, to that effect, judgment of 11 November 2010, Danosa, C232/09,

    EU:C:2010:674, paragraphs 39 and 40 and the case-law cited).

    Amendment 132 Răzvan Popa

    Proposal for a directive Article 2 – paragraph 1 – point a

    Text proposed by the Commission Amendment

    (a) ‘worker’ means a natural person (a) ‘worker’ means a natural person

    -

    who for a certain period of time performs services for and under the direction of

    another person in return for remuneration; who performs services for and under the direction of another person;

    Justification

    Art. 2 1b already defines the term "employer". Consequently, in order to avoid confusion, this term should be used in Art. 2 1a, too.

    Amendment 134 Jytte Guteland

    Proposal for a directive Article 2 – paragraph 1 – point b

    Text proposed by the Commission Amendment

    (b) 'employer' means one or more deleted

    -

    natural or legal person(s) who is or are directly or indirectly party to an employment relationship with a worker;

    Or. en

    Amendment 135 Francis Zammit Dimech

    Proposal for a directive Article 2 – paragraph 1 – point b

     

    Text proposed by the Commission Amendment

    (b) 'employer' means one or more (b) 'employer' means a natural or legal

    -

    natural or legal person(s) who is or are directly or indirectly party to an employment relationship with a worker; person that engages workers directly or indirectly.

    Or. en

    Justification

    Alignment with the existing ILO definition of an employer in its "General principles and operational guidelines for fair recruitment" of September 2016.

    Amendment 137 Jytte Guteland

    Proposal for a directive Article 2 – paragraph 1 – point c

    Text proposed by the Commission Amendment

    (c) 'employment relationship' means deleted

    -

    the work relationship between workers and employers as defined above;

    Amendment 139 Ana Miranda, Tamás Meszerics

    on behalf of the Verts/ALE Group

    Proposal for a directive Article 2 – paragraph 1 – point e

    Text proposed by the Commission Amendment

    (e) 'reference hours and days' means (e) 'reference hours and days' means

    time slots in specified days during which

    work can take place at the request of the employer. time slots in specified days during which work can take place.

    Or. en

    Amendment 140 Răzvan Popa

    Proposal for a directive Article 2 – paragraph 1 – point e

    Text proposed by the Commission Amendment

    (e) ‘reference hours and days' means (e) 'reference hours and days' means

    time slots in specified days during which

    work can take place at the request of the employer. time slots in specified days during which work can take place;

    and in which the employment relationship can be terminated without having to provide any reason whatsoever.

    Or. en

    Amendment 142 Kostas Chrysogonos

    Proposal for a directive Article 3 – paragraph 1

    Text proposed by the Commission Amendment

    • 1. 
      Member States shall ensure that 1. Member States shall ensure that

    employers are required to inform workers of the essential aspects of the employment relationship. employers are required to inform workers of the essential aspects of the employment

    relationship and that the workers have the right to demand such information.

    Or. en

    Amendment 143 Francis Zammit Dimech

    Proposal for a directive Article 3 – paragraph 2 – introductory part

     

    Text proposed by the Commission Amendment

    • 2. 
      The information referred to in 2. The information referred to in

    paragraph 1 shall include: paragraph 1 shall include at least:

    Or. ro

    Amendment 145 Răzvan Popa

    Proposal for a directive Article 3 – paragraph 2 – introductory part

    Text proposed by the Commission Amendment

    • 2. 
      The information referred to in 2. The information referred to in

    paragraph 1 shall include: paragraph 1 shall include at least:

    Or. ro

    Amendment 146 Ana Miranda, Tamás Meszerics

    on behalf of the Verts/ALE Group

    Proposal for a directive Article 3 – paragraph 2 – introductory part

     

    Text proposed by the Commission Amendment

    (a) the identities of the parties to the (a) the identities of the parties to the

    -

    employment relationship; employment relationship including at least full names, addresses and, if applicable, legal representatives;

    Or. en

    Amendment 148 Ana Miranda, Tamás Meszerics

    on behalf of the Verts/ALE Group

    Proposal for a directive Article 3 – paragraph 2 – point e

    Text proposed by the Commission Amendment

    (e) in the case of a temporary (e) in the case of a temporary

    -

    employment relationship, the end date or the expected duration thereof; employment relationship, the end date or the expected duration thereof, the name of the user undertaking in case of temporary agency workers as well as the pay scales of the user undertaking in order to provide for equal pay;

    Or. en

    Amendment 150 Francis Zammit Dimech

    Proposal for a directive Article 3 – paragraph 2 – point i

    Text proposed by the Commission Amendment

    (i) the procedure, including the length (i) the procedure, including the length

    -

    of the period of notice, to be observed by the employer and the worker should their employment relationship be terminated or, where the length of the period of notice cannot be indicated when the information is given, the method for determining such period of notice; of the period of notice, to be observed by the employer and the worker should their employment relationship be terminated or, where the length of the period of notice cannot be indicated when the information is given, the method for determining such

    period of notice and the requirements for the notice of termination, time limits for enforcing claims, which shall include time frames for the seeking of action contesting dismissal or compensation for accidents/injuries at work and for any infringement of labour rights;

    Or. en

    Amendment 151 Daniel Buda

    Proposal for a directive Article 3 – paragraph 2 – point i

     

    Or. ro

    Amendment 152 Ana Miranda, Tamás Meszerics

    on behalf of the Verts/ALE Group

    Proposal for a directive Article 3 – paragraph 2 – point i

    Text proposed by the Commission Amendment

    (i) the procedure, including the length (i) the procedure, including the length

    -

    of the period of notice, to be observed by the employer and the worker should their employment relationship be terminated or, where the length of the period of notice cannot be indicated when the information is given, the method for determining such

    period of notice; of the periods of notice, to be observed by the employer and the worker should their employment relationship be terminated or, where the length of the period of notice cannot be indicated when the information

    is given, the method, as well as the formal requirements for determining such period

    of notice, as well as the deadlines for taking action contesting the dismissal

    Or. en

    Amendment 153 Răzvan Popa

    Proposal for a directive Article 3 – paragraph 2 – point i

     

    Amendment 154 Ana Miranda, Tamás Meszerics

    on behalf of the Verts/ALE Group

    Proposal for a directive Article 3 – paragraph 2 – point j

    Text proposed by the Commission Amendment

    (j) the initial basic amount, any other (j) the initial basic amount, any other

    -

    component elements, the frequency and method of payment of the remuneration to which the worker is entitled; component elements indicated separately, such as payments of overtime, bonuses and other entitlements, such as sick pay;

    the method of calculation; the frequency and method of payment of the remuneration to which the worker is entitled;

    Or. en

    Amendment 155 Evelyne Gebhardt

    Proposal for a directive Article 3 – paragraph 2 – point j

    Text proposed by the Commission Amendment

    Text proposed by the Commission Amendment

    (iia) the conditions and the level of

    financial compensation in case of cancellation of work by the employer.

    Or. en

    Amendment 157 Francis Zammit Dimech

    Proposal for a directive Article 3 – paragraph 2 – point m

    Text proposed by the Commission Amendment

    (m) any collective agreements (m) any collective agreements

    -

    governing the worker's conditions of work;

    in the case of collective agreements concluded outside the business by special joint bodies or institutions, the name of the competent body or joint institution within which the agreements were concluded; governing the worker's conditions of work

    as well as time limits laid down in the collective agreements for claims arising from those agreements; in the case of collective agreements concluded outside the business by special joint bodies or institutions, the name of the competent body or joint institution within which the agreements were concluded;

    -

    which the agreements were concluded; which the agreements were concluded, and the cut off periods if there are any;

    Or. en

    Amendment 159 Evelyn Regner

    Proposal for a directive Article 3 – paragraph 2 – point n a (new)

    Text proposed by the Commission Amendment

    (na) any time limits for enforcing

    claims against the employer;

    Or. en

    Amendment 160 Evelyn Regner

    Proposal for a directive Article 3 – paragraph 2 – point n b (new)

    Text proposed by the Commission Amendment

    Amendment 162 Ana Miranda, Tamás Meszerics

    on behalf of the Verts/ALE Group

    Proposal for a directive Article 3 – paragraph 3

    Text proposed by the Commission Amendment

    • 3. 
      The information referred to in 3. The information referred to in

    paragraph 2(f) to (k) and (n) may, where appropriate, be given in the form of a reference to the laws, regulations and administrative or statutory provisions or collective agreements governing those particular points. paragraph 2(f) to (k) and (n) shall be accompanied by a reference to the laws, regulations and administrative or statutory provisions or collective agreements governing those particular points.

    Or. en

    Amendment 163 Evelyn Regner

    Proposal for a directive Article 3 – paragraph 3 a (new)

    Text proposed by the Commission Amendment

    Article 3(2) shall be provided individually to the worker in the form of a document at

    the latest on the first day of the employment relationship. That document may be provided and transmitted electronically as long as it is easily accessible by the worker and can be stored

    and printed. Article 3(2) shall be provided individually to the worker in the form of a document as early as possible and at the latest, where applicable, the moment the employment contract is signed and before the first day of the employment relations. That document may be sent electronically directly to the worker as long as it is easily accessible by the worker and it may also be accessible to the entity controlling working conditions and can be stored and printed

    Or. en

    Amendment 165 Daniel Buda

    Proposal for a directive Article 4 – paragraph 1

    Text proposed by the Commission Amendment

    • 1. 
      The information referred to in 1. The information referred to in

    Article 3(2) shall be provided individually to the worker in the form of a document at the latest on the first day of the employment relationship. That document may be provided and transmitted electronically as long as it is easily

    accessible by the worker and can be stored and printed. Article 3(2) shall be provided individually to the worker in the form of a written paper document at the latest on the first day of the employment relationship. That document may be provided and transmitted

    electronically as long as reception can be confirmed and as long as it is easily accessible by the worker and can be stored and printed.

    Article 3(2) shall be provided individually to the worker in the form of a document at the latest on the first day of the employment relationship. That document may be provided and transmitted electronically as long as it is easily accessible by the worker and can be stored and printed. Article 3(2) shall be provided individually to the worker in the form of a written

    document before commencement of the employment relationship. At the request of the worker, that document may be provided and transmitted electronically as long as it is easily accessible by the worker and can be stored and printed.

    Or. ro

    Amendment 167 Ana Miranda, Tamás Meszerics

    on behalf of the Verts/ALE Group

    Proposal for a directive Article 4 – paragraph 1 a (new)

    Text proposed by the Commission Amendment

    1a. The document shall be provided at

    the same moment in time to the worker representative and the responsible social protection authorities.

    Or. en

    content between the various Member States.

    Or. ro

    Amendment 169 Francis Zammit Dimech

    Proposal for a directive Article 4 – paragraph 2

    Text proposed by the Commission Amendment

    • 2. 
      Member States shall develop 2. Member States after consultation

    templates and models for the document referred to in paragraph 1 and put them at the disposal of workers and employers including by making them available on a single official national website and by

    other suitable means. with stakeholders and social partners, shall develop templates and models for the document referred to in paragraph 1 and put them at the disposal of workers and employers including by making them available on a single official national website and by other suitable means.

    Or. en

    Amendment 170 Răzvan Popa

    Proposal for a directive Article 4 – paragraph 2

     

    Amendment 171 Jytte Guteland

    Proposal for a directive Article 4 – paragraph 3

    Text proposed by the Commission Amendment

    • 3. 
      Member States shall ensure that the 3. Member States shall ensure that the

    information on the laws, regulations and administrative or statutory provisions or collective agreements governing the legal framework applicable which are to be communicated by employers is made generally available free of charge in a clear, transparent, comprehensive and easily accessible way at a distance and by electronic means, including through existing online portals for Union citizens and businesses. information on the laws, regulations and administrative or statutory provisions or

    collective agreements which have been declared universally applicable governing the legal framework applicable which are to be communicated by employers is made generally available free of charge in an easily accessible way at a distance and by electronic means, including through existing online portals for Union citizens and businesses.

    Or. en

    Amendment 172 Daniel Buda

    Proposal for a directive Article 5 – paragraph 1

     

    Amendment 173 Răzvan Popa

    Proposal for a directive Article 5 – paragraph 1

    Text proposed by the Commission Amendment

    Member States shall ensure that any change in the aspects of the employment relationship referred to in Article 3(2) and to the additional information for workers posted or sent abroad in Article 6 shall be provided in the form of a document by the employer to the worker at the earliest opportunity and at the latest on the day it takes effect. Member States shall ensure that any change in the aspects of the employment relationship referred to in Article 3(2) and to the additional information for workers posted or sent abroad in Article 6 shall be

    provided in the form of a written document by the employer to the worker at the earliest opportunity and at the latest on the day it takes effect.

    Or. ro

    Amendment 174 Daniel Buda

    Proposal for a directive Article 6 – paragraph 1 – introductory part

    Text proposed by the Commission Amendment

    Text proposed by the Commission Amendment

    (a) the country or countries in which (a) the exact place of work in the

    -

    the work abroad is to be performed and its duration; country or countries in which the work abroad is to be performed and its duration, as well arrangements for the possible lengthening or shortening of the period of work;

    Or. en

    Amendment 176 Evelyn Regner

    Proposal for a directive Article 6 – paragraph 1 – point a

    Text proposed by the Commission Amendment

    (a) the country or countries in which (a) the country or countries as well as

    -

    the work abroad is to be performed and its

    duration; exact place or places in which the work abroad is to be performed and its duration;

    Or. en

    Proposal for a directive Article 6 – paragraph 1 – point a b (new)

    Text proposed by the Commission Amendment

    (ab) the name of the line manager who

    the worker reports to for the duration of the posting;

    Or. en

    Amendment 179 Daniel Buda

    Proposal for a directive Article 6 – paragraph 1 – point d

    Text proposed by the Commission Amendment

    (d) where applicable, the conditions (d) the conditions governing the

    governing the worker's repatriation. worker's repatriation.

    Or. ro

    Amendment 180 Răzvan Popa

    Proposal for a directive Article 6 – paragraph 1 – point d a (new)

     

    Text proposed by the Commission Amendment

    (da) any arrangements for the possible

    lengthening or shortening of the period of work;

    Or. en

    Amendment 182 Ana Miranda, Tamás Meszerics

    on behalf of the Verts/ALE Group

    Proposal for a directive Article 6 – paragraph 1 – point d a (new)

    Text proposed by the Commission Amendment

    (da) where applicable, the changes to

    the worker’s social security situation.

    Or. en

    Amendment 183 Evelyn Regner

    Proposal for a directive Article 6 – paragraph 1 – point d b (new)

     

    Text proposed by the Commission Amendment

    (db) the name of the line manager or

    line managers whom the worker reports;

    Or. ro

    Amendment 185 Evelyn Regner

    Proposal for a directive Article 6 – paragraph 1 – point d c (new)

    Text proposed by the Commission Amendment

    (dc) any rules on public holidays in the -

    country or countries in which the work abroad is to be performed;

    Or. en

    Amendment 186 Răzvan Popa

    Proposal for a directive Article 6 – paragraph 1 – point d c (new)

     

    Text proposed by the Commission Amendment

    (dd) any changes in tax and social

    security arrangements for the period in which the work abroad is to be performed;

    Or. en

    Amendment 188 Răzvan Popa

    Proposal for a directive Article 6 – paragraph 2 – introductory part

    Text proposed by the Commission Amendment

    • 2. 
      Member States shall ensure that, if 2. Member States shall ensure that, if

    the worker sent abroad is a posted worker covered by Directive 96/71/EC, he or she shall in addition be notified of: the worker sent abroad is a posted worker covered by Directive 96/71/EC, he or she

    shall in addition, as stated in Article 4(1),

    be notified of:

    Or. ro

    Amendment 189 Ana Miranda, Tamás Meszerics

    on behalf of the Verts/ALE Group

    Proposal for a directive Article 6 – paragraph 2 – point a

     

    Amendment 190 Răzvan Popa

    Proposal for a directive Article 6 – paragraph 3

    Text proposed by the Commission Amendment

    • 3. 
      The information referred to in 3. The information referred to in

    paragraph 1(b) and 2(a) may, where appropriate, be given in the form of a reference to the laws, regulations and administrative or statutory provisions or collective agreements governing those particular points. paragraph 1(b) and 2(a) may, where appropriate, be given in the form of a reference to the laws, regulations and administrative or statutory provisions or collective agreements governing those

    particular points. The information must be provided in the official language of the country from which the worker is posted.

    Or. ro

    Amendment 191 Francis Zammit Dimech

    Proposal for a directive Article 6 – paragraph 3

    Text proposed by the Commission Amendment

    Text proposed by the Commission Amendment

    • 3. 
      The information referred to in 3. The information referred to in

    paragraph 1(b) and 2(a) may, where appropriate, be given in the form of a reference to the laws, regulations and administrative or statutory provisions or collective agreements governing those particular points. paragraph 1(b) and 2(a) may, where appropriate, be given in the form of a reference to the laws, regulations and administrative or statutory provisions or collective agreements governing those

    particular points. The reference shall provide all essential information in comprehensible terms.

    Or. en

    Amendment 193 Ana Miranda, Tamás Meszerics

    on behalf of the Verts/ALE Group

    Proposal for a directive Article 6 – paragraph 3

    Text proposed by the Commission Amendment

    • 3. 
      The information referred to in 3. The information referred to in

    paragraph 1(b) and 2(a) may, where appropriate, be given in the form of a reference to the laws, regulations and administrative or statutory provisions or collective agreements governing those particular points. paragraph 1(b)and 2(a) shall be given in writing clearly outlining the reference to the laws, regulations and administrative or statutory provisions or collective agreements governing those particular points.

    apply if the duration of each work period outside the Member State in which the worker habitually works is four consecutive weeks or less.

    Or. en

    Amendment 195 Ana Miranda, Tamás Meszerics

    on behalf of the Verts/ALE Group

    Proposal for a directive Article 7 – paragraph 1

    Text proposed by the Commission Amendment

    • 1. 
      Member States shall ensure that, 1. Member States shall ensure that,

    where an employment relationship is subject to a probationary period, that period shall not exceed six months, including any extension. where an employment relationship is subject to a probationary period, that period shall not exceed six months,

    including any extension. Any time worked with the same enterprise, group or entity shall count towards that six months period. During a probationary period an employment relationship shall not be declared dormant.

    Or. en

    Amendment 197 Evelyn Regner

    Proposal for a directive Article 7 – paragraph 1

    Text proposed by the Commission Amendment

    • 1. 
      Member States shall ensure that, 1. Member States shall ensure that,

    where an employment relationship is subject to a probationary period, that

    period shall not exceed six months, including any extension. where an employment relationship is subject to a probationary period, that

    period shall not exceed one month, including any extension.

    Or. en

    Amendment 198 Ana Miranda, Tamás Meszerics

    on behalf of the Verts/ALE Group

    Proposal for a directive Article 7 – paragraph 2

    Text proposed by the Commission Amendment

    • 2. 
      Member States may provide for deleted

    this is justified by the nature of the employment or is in the interest of the

    worker. where this is appropriately justified by the nature of the employment, the skills, the work conditions or is in the interest of the worker.

    Or. en

    Amendment 200 Ana Miranda, Tamás Meszerics

    on behalf of the Verts/ALE Group

    Proposal for a directive Article 7 – paragraph 2 a (new)

    Text proposed by the Commission Amendment

    2a. A probation period shall not

    hamper the accrual of rights.

    Or. en

    Amendment 201 Ana Miranda, Tamás Meszerics

    on behalf of the Verts/ALE Group

    Proposal for a directive Article 7 – paragraph 2 b (new)

     

    Text proposed by the Commission Amendment

    Employment in parallel Employment with other employers

    Or. en

    Amendment 203 Evelyn Regner

    Proposal for a directive Article 8 – paragraph 1

    Text proposed by the Commission Amendment

    • 1. 
      Member States shall ensure that an 1. Member States shall ensure that an

    employer shall not prohibit workers from taking up employment with other

    employers, outside the work schedule established with that employer. employer shall not prohibit workers from taking up employment with other employers.

    Or. en

    Amendment 204 Ana Miranda, Tamás Meszerics

    on behalf of the Verts/ALE Group

    Proposal for a directive Article 8 – paragraph 2

     

    Proposal for a directive Article 8 – paragraph 2

    Text proposed by the Commission Amendment

    • 2. 
      Employers may however lay down 2. Member States may however lay

    conditions of incompatibility where such restrictions are justified by legitimate reasons such as the protection of business secrets or the avoidance of conflicts of interests. down conditions of incompatibility where such restrictions are justified by legitimate reasons such as the protection of business secrets or the avoidance of conflicts of interests.

    Or. en

    Amendment 206 Răzvan Popa

    Proposal for a directive Article 8 – paragraph 2

    Text proposed by the Commission Amendment

    • 2. 
      Employers may however lay down 2. Member States may however lay

    conditions of incompatibility where such restrictions are justified by legitimate reasons such as the protection of business secrets or the avoidance of conflicts of interests. down conditions of incompatibility where such restrictions are justified by legitimate reasons such as the protection of business secrets or the avoidance of conflicts of interests.

    only:

    Or. en

    Amendment 208 Evelyn Regner

    Proposal for a directive Article 9 – paragraph 1 – point a

    Text proposed by the Commission Amendment

    (a) if work takes place within (a) the modification is justified for

    predetermined reference hours and reference days, established in writing at the start of the employment relationship, in accordance with Article 3(2)(l)(i), and objective reasons related to the type of work;

    Or. en

    Amendment 209 Evelyn Regner

    Proposal for a directive Article 9 – paragraph 1 – point b

     

    Text proposed by the Commission Amendment

    (ba) the modification is not in conflict

    with any legitimate interests of the worker;

    Or. en

    Amendment 211 Evelyn Regner

    Proposal for a directive Article 9 – paragraph 1 – point b b (new)

    Text proposed by the Commission Amendment

    (bb) the modification is not in conflict

    with any other agreements;

    Or. en

    Amendment 212 Evelyn Regner

    Proposal for a directive Article 9 – paragraph 1 a (new)

     

    Proposal for a directive Article 10 – paragraph 1

    Text proposed by the Commission Amendment

    • 1. 
      Member States shall ensure that 1. Member States shall ensure that

    workers with at least six months' seniority

    with the same employer may request a form of employment with more predictable and secure working conditions where available. workers with at least six months' seniority

    with the same employer may convert into a form of employment with more predictable and secure working conditions where

    available. Time worked with the same enterprise, group or entity or natural or legal person shall count towards that six months period.

    Or. en

    Amendment 214 Evelyne Gebhardt

    Proposal for a directive Article 10 – paragraph 1

    Text proposed by the Commission Amendment

    • 1. 
      Member States shall ensure that 1. Member States shall ensure that

    workers with at least six months' seniority

    with the same employer may request a form of employment with more predictable and secure working conditions where available. workers with at least six months' seniority

    with the same employer shall be entitled to obtain a form of employment with more predictable and secure working conditions where available.

    request. With respect to natural persons acting as employers and micro, small, or medium enterprises, Member States may provide for that deadline to be extended to no more than three months and allow for an oral reply to a subsequent similar request submitted by the same worker if the justification for the reply as regards the situation of the worker remains

    unchanged. allowed if provided in writing arguing an objective business needs within one month

    of the request.

    Or. en

    Amendment 216 Răzvan Popa

    Proposal for a directive Article 10 – paragraph 2

    Text proposed by the Commission Amendment

    • 2. 
      The employer shall provide a 2. The employer shall provide an

    written reply within one month of the request. With respect to natural persons acting as employers and micro, small, or medium enterprises, Member States may provide for that deadline to be extended to

    no more than three months and allow for an oral reply to a subsequent similar request submitted by the same worker if the justification for the reply as regards the situation of the worker remains unchanged. appropriately substantiated written reply within one month of the request. With respect to natural persons acting as employers and micro, small, or medium enterprises, Member States may provide for that deadline to be extended to no more

    than one month and allow for an oral reply to a subsequent similar request submitted by the same worker if the justification for the reply as regards the situation of the worker remains unchanged.

    workers with a contract of employment or employment relationship with a temporary work agency who have been assigned to the same user undertaking to work temporarily under its supervision and direction for at least six months must be employed as part of the permanent workforce of the user undertaking.

    Or. en

    Amendment 218 Ana Miranda, Tamás Meszerics

    on behalf of the Verts/ALE Group

    Proposal for a directive Article 10 – paragraph 2 a (new)

    Text proposed by the Commission Amendment

    2a. Should the employer not reply to

    the demand for conversion within one month, the conversion is presumed to have taken effect from the first day following this period.

    Or. en

    Or. en

    Amendment 220 Răzvan Popa

    Proposal for a directive Article 11 – paragraph 1

    Text proposed by the Commission Amendment

    Member States shall ensure that where employers are required by Union or national legislation or relevant collective agreements to provide training to workers to carry out the work for which they are employed, such training shall be provided cost-free to the worker. Member States shall ensure that where employers are required by Union or national legislation or relevant collective agreements to provide training or instruction to workers to carry out the work for which they are employed, such

    training or instruction shall be provided cost-free to the worker.

    Or. ro

    Amendment 221 Evelyn Regner

    Proposal for a directive Article 11 – paragraph 1 a (new)

     

    Text proposed by the Commission Amendment

    The worker shall continue to be remunerated, as if he/she would have been working.

    Or. en

    Amendment 223 Ana Miranda, Tamás Meszerics

    on behalf of the Verts/ALE Group

    Proposal for a directive Article 11 – paragraph 1 b (new)

    Text proposed by the Commission Amendment

    The training shall take place, where possible, during normal working hours.

    In all cases, the time spent on training shall be considered working time.

    Or. en

    Amendment 224 Evelyn Regner

    Proposal for a directive Article 11 – paragraph 1 b (new)

     

    Proposal for a directive Article 11 a (new)

    Text proposed by the Commission Amendment

    Article 11 a

    Equal treatment

    The Member States shall ensure the principles of equal pay and equal terms and conditions apply to all workers and ensure in this regard the elimination of all discrimination, regardless of the employment status.

    Or. en

    Amendment 226 Jytte Guteland

    Proposal for a directive Article 12 – paragraph 1

    Text proposed by the Commission Amendment

    Member States may allow social partners to conclude collective agreements, in conformity with the national law or practice, which, while respecting the overall protection of workers, establish arrangements concerning the working conditions of workers which differ from those referred to in Articles 7 to 11. Member States may allow social partners

    to maintain, negotiate, conclude and enforce collective agreements, in conformity with the national law or practice, which, while respecting the overall protection of workers, establish arrangements concerning the working conditions of workers which differ from those referred to in Articles 7 to 11.

    European Union law is respected.

    Or. en

    Justification

    It is necessary to respect the social partners autonomy and their right to negotiate and conclude collective agreements at the appropriate level. The premise should be that recognized social partners have full discretion regarding the possibility to conclude collective agreements at an appropriate level. The provision should also premise that the social partners fulfil the purpose of the directive, and respect the interest of both employers and employees, through collective agreements. The position of the social partners that enables them to strike the balance between employees and employers interests must be safeguarded in the operational part of the directive. To comply with this directive the result of such bargaining between the social partners must respect the purpose of the directive.

    Amendment 227 Daniel Buda

    Proposal for a directive Article 12 – paragraph 1

    Text proposed by the Commission Amendment

    Member States may allow social partners to conclude collective agreements, in conformity with the national law or

    practice, which, while respecting the overall protection of workers, establish arrangements concerning the working conditions of workers which differ from those referred to in Articles 7 to 11. Member States may allow social partners to conclude collective agreements, in conformity with the national law or

    practice, which, without prejudice to the minimum standards determined under this Directive and the overall protection of workers, establish arrangements concerning the working conditions of workers which differ from those referred to in Articles 7 to 11.

    Text proposed by the Commission Amendment

    Member States may allow social partners to conclude collective agreements, in conformity with the national law or practice, which, while respecting the

    overall protection of workers, establish arrangements concerning the working conditions of workers which differ from those referred to in Articles 7 to 11. Member States may allow social partners to conclude collective agreements, in conformity with the national law or

    practice, which, while fully respecting the

    level of protection provided by this directive, establish arrangements concerning the working conditions of

    workers which differ from but may not fall below those referred to in Articles 7 to 11.

    Or. en

    Amendment 229 Evelyne Gebhardt

    Proposal for a directive Article 12 – paragraph 1

    Text proposed by the Commission Amendment

    Member States may allow social partners to conclude collective agreements, in conformity with the national law or practice, which, while respecting the overall protection of workers, establish arrangements concerning the working conditions of workers which differ from those referred to in Articles 7 to 11. Member States shall allow social partners to conclude collective agreements, in conformity with the national law or practice, which, while respecting the overall protection of workers, establish arrangements concerning the working conditions of workers which differ from those referred to in Articles 7 to 11.

    contrary to this Directive in individual or collective agreements, internal rules of undertakings, or any other arrangements

    shall be declared null and void or are amended in order to bring them into line with the provisions of this Directive. or collective agreements, internal rules of undertakings, or any other arrangements

    are null and void and shall be amended in order to bring them at least into line with the provisions of this Directive.

    Or. en

    Amendment 231 Răzvan Popa

    Proposal for a directive Article 14 – paragraph 1 – introductory part

    Text proposed by the Commission Amendment

    Member States shall ensure that, where a worker has not received in due time all or part of the documents referred to in Article 4(1), Article 5, or Article 6, and the employer has failed to rectify that omission within 15 days of its notification, one of the following systems shall apply: Member States shall ensure that, where a worker has not received in due time all or part of the documents referred to in Article 4(1), Article 5, or Article 6, one of the following systems shall apply:

    Or. ro

    position, respectively. Employers shall have the possibility to rebut the

    presumptions; or that there is no probationary period and that the worker has a full-time position, respectively. Employers shall have the possibility to rebut the presumptions; and

    Or. en

    Amendment 233 Francis Zammit Dimech

    Proposal for a directive Article 14 – paragraph 1 – point b

    Text proposed by the Commission Amendment

    (b) the worker shall have the possibility (b) the worker shall have the possibility

    to submit a complaint to a competent authority in a timely manner. If the competent authority finds that the complaint is justified, it shall order the relevant employer(s) to provide the missing information. If the employer does not provide the missing information within 15 days following receipt of the order, the authority shall be able to impose an appropriate administrative penalty, even if the employment relationship has ended. Employers shall have the possibility to

    lodge an administrative appeal against the decision imposing the penalty. Member States may designate existing bodies as competent authorities. to submit a complaint to a competent authority in a timely manner. If the competent authority finds that the complaint is justified, it shall order the relevant employer(s) to provide the missing information. If the employer does not provide the missing information within 15 days following receipt of the order, the authority shall be able to impose an

    appropriate, pre-established mandatory administrative penalty, even if the employment relationship has ended. Employers shall have the possibility to lodge an appeal against the decision imposing the penalty. Member States may designate existing bodies as competent authorities.

    Text proposed by the Commission Amendment

    Article 14 a

    Primacy of facts

    The determination of the existence of an employment relationship shall be guided by the facts relating to the actual performance of work and not on the basis of how the parties describe the relationship.

    Or. en

    Amendment 235 Ana Miranda, Tamás Meszerics

    on behalf of the Verts/ALE Group

    Proposal for a directive Article 16 – paragraph 1

    Text proposed by the Commission Amendment

    Member States shall introduce measures necessary to protect workers, including workers who are employees' representatives, from any adverse treatment by the employer or adverse consequences resulting from a complaint lodged with the employer or from any legal proceedings initiated with the aim of enforcing

    compliance with the rights provided for in this Directive. Member States shall introduce measures

    necessary to protect all workers regardless of their legal or formal status, including workers who are employees’ or trade union representatives, from any adverse treatment by the employer or adverse

    consequences resulting from exercising a right provided in this Directive or from a complaint lodged with the employer or from any legal proceedings initiated with the aim of enforcing compliance with these rights.

    Text proposed by the Commission Amendment

    Member States shall introduce measures necessary to protect workers, including workers who are employees' representatives, from any adverse treatment by the employer or adverse consequences resulting from a complaint lodged with the employer or from any legal proceedings initiated with the aim of enforcing

    compliance with the rights provided for in this Directive. Member States shall introduce all necessary measures, inter alia pre- established mandatory administrative, to protect workers, including workers who are employees' representatives, from any adverse treatment by the employer or adverse consequences resulting from a complaint lodged with the employer or from any legal proceedings initiated with the aim of enforcing compliance with their

    labour rights.

    Or. en

    Amendment 237 Ana Miranda, Tamás Meszerics

    on behalf of the Verts/ALE Group

    Proposal for a directive Article 16 – paragraph 1 a (new)

    Text proposed by the Commission Amendment

    Persons reporting situations of infringements of the rights provided under this Directive, shall be fully protected by European legislation regarding the protection of persons reporting on breaches of Union law.

    necessary measures to prohibit the dismissal or its equivalent and all preparations for dismissal of workers, on the grounds that they exercised the rights provided for in this Directive. necessary measures to prohibit and declare as null and void the dismissal or its equivalent and all preparations for

    dismissal or other detriments or less favourable treatments of workers, on the grounds that they exercised the rights provided for in this Directive. The necessary measures shall also include the right to reinstatement and compensation.

    Or. en

    Amendment 239 Răzvan Popa

    Proposal for a directive Article 17 – paragraph 1

    Text proposed by the Commission Amendment

    • 1. 
      Member States shall take the 1. Member States shall take the

    necessary measures to prohibit the dismissal or its equivalent and all preparations for dismissal of workers, on the grounds that they exercised the rights provided for in this Directive. necessary measures to prohibit the dismissal or its equivalent and all preparations for dismissal of workers, on the grounds that they exercised the rights provided for in this Directive. The dismissal shall be considered non- effective if the employer is unable to provide supporting evidence.

    the employer to provide duly substantiated grounds for the dismissal or its equivalent. The employer shall provide those grounds in writing. the employer to provide duly substantiated grounds for the dismissal or its equivalent. The employer shall provide those grounds

    in writing. Member States shall also take the necessary steps to ensure that the deadline for bringing an action contesting dismissal is suspended as long as the worker has not received a written reasoned justification from the employer.

    Or. en

    Amendment 241 Ana Miranda, Tamás Meszerics

    on behalf of the Verts/ALE Group

    Proposal for a directive Article 17 – paragraph 2

    Text proposed by the Commission Amendment

    • 2. 
      Workers who consider that they 2. Workers who consider that they

    have been dismissed, or have been subject to measures with equivalent effect, on the grounds that they have exercised the rights provided for in this Directive may request the employer to provide duly substantiated grounds for the dismissal or its equivalent. The employer shall provide those grounds in writing. have been dismissed, or have been subject to measures with equivalent effect, on the grounds that they have exercised the rights provided for in this Directive may request the employer to provide duly substantiated grounds for the dismissal or its equivalent. The employer shall provide those grounds

    in writing. Member States shall ensure that the deadline for bringing an action contesting the dismissal is suspended as long as the worker has not received written justification from the employer.

    Text proposed by the Commission Amendment

    • 2. 
      Workers who consider that they 2. Workers who consider that they

    have been dismissed, or have been subject to measures with equivalent effect, on the grounds that they have exercised the rights provided for in this Directive may request the employer to provide duly substantiated grounds for the dismissal or its equivalent. The employer shall provide those grounds in writing. have been dismissed, or have been subject to measures with equivalent effect, on the grounds that they have exercised the rights provided for in this Directive may request the employer to provide duly substantiated grounds for the dismissal or its equivalent. The employer shall provide those grounds

    in writing. The dismissal shall cease to take effect until the employee has received notification of the grounds.

    Or. ro

    Amendment 243 Răzvan Popa

    Proposal for a directive Article 17 – paragraph 3

    Text proposed by the Commission Amendment

    • 3. 
      Member States shall take the 3. Member States shall take the

    necessary measures to ensure that, when workers referred to in paragraph 2 establish, before a court or other competent authority, facts from which it may be presumed that there has been such dismissal or its equivalent, it shall be for the respondent to prove that the dismissal was based on grounds other than those referred to in paragraph 1. necessary measures to ensure that, when workers referred to in paragraph 2 establish, before a court or other competent authority, facts from which it may be presumed that there has been such dismissal or its equivalent, it shall be for the respondent to prove that the dismissal was based on grounds other than those referred to in paragraph 1. Dismissal shall not take effect until the matter has been resolved.

    Text proposed by the Commission Amendment

    6a. Member States shall allow trade

    unions to seek representative actions aimed at the protection of the collective interests of workers in relation to this directive corresponding to the rules of Directive 2009/22/EC.

    1a

    __________________

    1a to be repealed by 2018/0089(COD);

    Proposal for a directive of the European Parliament and of the Council on representative actions for the protection of the collective interests of consumers.

    Or. en

    Amendment 245 Evelyn Regner

    Proposal for a directive Article 17 – paragraph 6 a (new)

    Text proposed by the Commission Amendment

    6a. If the employer fails to provide

    Text proposed by the Commission Amendment

    Article 17a

    Burden of proof of the existence of and

    employment relationship

    The burden of proof of absence of an employment relationship shall be on the natural or legal person identifiable as employer.

    Or. en

    Amendment 247 Ana Miranda, Tamás Meszerics

    on behalf of the Verts/ALE Group

    Proposal for a directive Article 18 – paragraph 1

    Text proposed by the Commission Amendment

    Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive or the relevant provisions already in force concerning the rights which are within the scope of this Directive. Member States shall take all measures necessary to ensure that those penalties are applied. Penalties shall be effective, proportionate and dissuasive. They may take the form of

    a fine. They may also comprise payment of compensation. Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive or the relevant provisions already in force concerning the rights which are within the scope of this Directive. Member States shall take all measures necessary to ensure that those penalties are applied. Penalties shall be effective, proportionate and dissuasive. They may take the form of

    a fine. They shall also comprise an appropriate and at least proportional payment of compensation.

    Text proposed by the Commission Amendment

    Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive or the relevant provisions already in force concerning the rights which are within the scope of this Directive. Member States shall take all measures necessary to ensure that those penalties are applied. Penalties shall be effective, proportionate

    and dissuasive. They may take the form of a fine. They may also comprise payment of compensation. Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive or the relevant provisions already in force concerning the rights which are within the scope of this Directive. Member States shall take all measures necessary to ensure that those penalties are applied. Penalties shall be effective, proportionate

    and dissuasive. They shall take the form of a fine and comprise appropriate payment

    of compensation.

    Or. en

    Amendment 249 Răzvan Popa

    Proposal for a directive Article 18 – paragraph 1

    Text proposed by the Commission Amendment

    Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive or the relevant provisions already in force concerning the rights which are within the scope of this Directive. Member States shall take all measures necessary to ensure that those penalties are applied. Penalties shall be effective, proportionate and dissuasive. They may take the form of

    a fine. They may also comprise payment of compensation. Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive or the relevant provisions already in force concerning the rights which are within the scope of this Directive. Member States shall take all measures necessary to ensure that those penalties are applied. Penalties shall be effective, proportionate and dissuasive. They may take the form of

    a fine. They must also comprise payment of compensation.

    Proposal for a directive Article 19 – paragraph 1

    Text proposed by the Commission Amendment

    • 1. 
      This Directive shall not constitute 1. This Directive does not constitute

    valid grounds for reducing the general level of protection already afforded to workers within Member States. valid grounds for reducing the level of protection already afforded to workers

    within Member States in any form.

    Member States shall gradually improve the level of protection for workers within the areas which fall under the scope of this Directive.

    Or. en

    Amendment 251 Francis Zammit Dimech

    Proposal for a directive Article 19 – paragraph 2 a (new)

    Text proposed by the Commission Amendment

    2a. Member States are required to

    progressively improve the level of protection of workers in the regulatory field that come under the scope of this Directive and in full compliance with the European Charter of Fundamental Rights of the EU and the European Social Charter.

    Facilitation of complaints

    Member States shall ensure that there are effective mechanisms through which workers may lodge complaints against their employers, directly or through third parties designated by Member States such as trade unions or other associations or a competent authority of the Member State when provided for by national legislation.

    Or. en

    Amendment 253 Răzvan Popa

    Proposal for a directive Article 21 – paragraph 1

    Text proposed by the Commission Amendment

    The rights and obligations set out in this Directive shall apply to existing employment relationships as from [entry into force date + 2 years]. However, employers shall provide or complement the documents referred to in Article 4(1), Article 5 and Article 6 only upon request of a worker. The absence of such request shall not have the effect of excluding workers from the minimum rights established under this Directive. The rights and obligations set out in this Directive shall apply to existing employment relationships as from [entry into force date + 2 years].

    into force date + 2 years]. However, employers shall provide or complement the documents referred to in Article 4(1), Article 5 and Article 6 only upon request of a worker. The absence of such request shall not have the effect of excluding workers from the minimum rights established under this Directive. into force date + 2 years].

    Or. en

    Amendment 255 Ana Miranda, Tamás Meszerics

    on behalf of the Verts/ALE Group

    Proposal for a directive Article 22 – paragraph 1

    Text proposed by the Commission Amendment

    By [entry into force date + 8 years], the Commission shall, in consultation with the Member States and social partners at Union level and taking into account the

    impact on small and medium-sized enterprises, review the application of this Directive with a view to proposing, where appropriate, the necessary amendments. By [entry into force date + 8 years], the Commission shall, in consultation with the Member States and social partners at Union level and taking into account the

    impact on micro-enterprises, review the application of this Directive with a view to proposing, where appropriate, the necessary amendments.


     
     
     

    2.

    Meer informatie

    21 dec
    '17
    COM(2017)797 - Voorstel voor een richtlijn betreffende transparante en voorspelbare arbeidsvoorwaarden in de Europese Unie
    Document­datum 05-07-2018
    Publicatie­datum 11-07-2018
    Betreft organisatie COMMITTEE ON LEGAL AFFAIRS
    van Chrysogonos Kostas
    externe link origineel bericht
     

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