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

Inhoud

1.

Tekst

European Parliament

2014-2019

Committee on Legal Affairs

2017/0355(COD)

5.7.2018

AMENDMENT

45 - 255

Draft opinion Kostas Chrysogonos (PE621.111v01-00)

Transparent and predictable working conditions in the European Union

Proposal for a directive (COM(2017)0797 – C8-0006/2018 – 2017/0355(COD))

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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 of the European Union provides in its

Article 31 that every worker has the right Article 31 that every worker has the right to working conditions which respect his or to working conditions which respect his or her health, safety and dignity, and to her health, safety and dignity, and to limitation of maximum working hours, to limitation of maximum working hours, to daily and weekly rest periods and to an daily and weekly rest periods and to an annual period of paid leave. 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

Text proposed by the Commission Amendment

  • (2) 
    Principle 7 of the European Pillar (2) Principle 7 of the European Pillar of Social Rights, proclaimed at Gothenburg of Social Rights, proclaimed at Gothenburg on 17 November 2017, provides that on 17 November 2017, provides that workers have the right to be informed in workers have the right to be informed in writing at the start of employment about writing at the start of employment about their rights and obligations resulting from their rights and obligations resulting from the employment relationship, including any the employment relationship, including any probationary period, and that they have the probationary period, and that they are right to access to effective and impartial entitled to be informed of the reasons for dispute resolution and, in case of their dismissal and given a reasonable unjustified dismissal, a right to redress, period of notice and that they have the including adequate compensation. right to access to effective and impartial

Principle 5 provides that regardless of the dispute resolution and, in case of

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

  • (3) 
    Since the adoption of Council (3) Since the adoption of Council Directive 91/533/EEC, labour markets Directive 91/533/EEC, labour markets have undergone far-reaching changes due have undergone far-reaching changes due to demographic developments and to demographic developments and digitalisation leading to the creation of new digitalisation leading to the creation of new forms of employment, which have forms of employment, generating, on the supported job creation and labour market one hand, increasing labour market growth. New forms of employment are flexibility and, on the other, adaptability often not as regular or stable as traditional to economic shifts, developments, which employment relationships and lead to have supported the emergence of new reduced predictability for the workers business models, job creation and labour concerned, creating uncertainty as to market growth. New forms of employment applicable rights and social protection. In are often not as regular or stable as this evolving world of work, there is traditional employment relationships and, therefore an increased need for workers to in certain cases, lead to reduced be fully informed about their essential predictability for the workers concerned, working conditions, which should occur in creating uncertainty as to applicable rights a written form and in a timely manner. In and social protection and encouraging order adequately to frame the development unclear or unfair practices, thereby

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of new forms of employment, workers in destabilising the labour market. In this the Union should also be provided with a evolving world of work, there is therefore number of new minimum rights aimed at an increased need for workers to be fully promoting security and predictability in informed about their essential working employment relationships while achieving conditions, which should occur in a written upward convergence across Member States form and as rapidly as possible. In order and preserving labour market adaptability. 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 October 1991 on an employer's obligation to inform employees of the conditions to inform employees of the conditions applicable to the contract or employment applicable to the contract or employment relationship (OJ L 288, 18.10.1991, p. 32). relationship (OJ L 288, 18.10.1991, p. 32).

Or. ro

Amendment 48

Răzvan Popa

Proposal for a directive

Recital 3

Text proposed by the Commission Amendment

  • (3) 
    Since the adoption of Council (3) Since the adoption of Council

Directive 91/533/EEC, labour markets Directive 91/533/EEC, labour markets have undergone far-reaching changes due have undergone far-reaching changes due to demographic developments and to demographic developments and digitalisation leading to the creation of new digitalisation leading to the creation of new forms of employment, which have forms of employment, which have supported job creation and labour market supported job creation and labour market growth. New forms of employment are growth. New forms of employment are often not as regular or stable as traditional often not as regular or stable as traditional employment relationships and lead to employment relationships and lead to reduced predictability for the workers reduced predictability for the workers concerned, creating uncertainty as to concerned, creating uncertainty as to applicable rights and social protection. In applicable rights and social protection. In this evolving world of work, there is this evolving world of work, there is therefore an increased need for workers to therefore an increased need for workers,

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be fully informed about their essential regardless of their particular field, to be working conditions, which should occur in fully informed about their essential a written form and in a timely manner. In working conditions, which should occur in order adequately to frame the development a written form and in a timely manner. of new forms of employment, workers in order adequately to frame the development the Union should also be provided with a of new forms of employment, workers in number of new minimum rights aimed at the Union should also be provided with a promoting security and predictability in number of new minimum rights aimed at employment relationships while achieving promoting security and predictability in upward convergence across Member States employment relationships while achieving and preserving labour market adaptability. 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 October 1991 on an employer's obligation to inform employees of the conditions to inform employees of the conditions applicable to the contract or employment applicable to the contract or employment relationship (OJ L 288, 18.10.1991, p. 32). relationship (OJ L 288, 18.10.1991, p. 32).

Or. ro

Amendment 49 Francis Zammit Dimech

Proposal for a directive Recital 4

Text proposed by the Commission Amendment

  • (4) 
    Pursuant to Directive 91/533/EEC (4) Pursuant to Directive 91/533/EEC the majority of workers in the Union have the majority of workers in the Union have the right to receive written information the right to receive written information about their working conditions. Directive about their working conditions. Directive 91/533/EEC does not however cover all 91/533/EEC does not however cover all workers in the Union. Moreover, gaps in workers in the Union. Moreover, gaps in protection have emerged for new forms of protection have emerged for new forms of employment created as a result of labour employment created as a result of market developments since 1991. socioeconomic, diversity, mobility and labour market developments since 1991.

Or. en

Amendment 50 Daniel Buda

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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 information on the essential aspects of the employment relationship and relating to employment relationship and relating to working conditions that apply to every working conditions that apply to every worker should therefore be established at worker, whatever their employment

Union level in order to guarantee all contract or employment relationship, workers in the Union an adequate degree should therefore be established at Union of transparency and predictability as level in order to guarantee all workers in regards their working conditions. 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

  • (5) 
    Minimum requirements relating to (5) Minimum requirements relating to information on the essential aspects of the information on the essential aspects of the employment relationship and relating to employment relationship and relating to working conditions that apply to every working conditions that apply to every worker should therefore be established at worker should therefore be established at

Union level in order to guarantee all Union level in order to guarantee all workers in the Union an adequate degree workers, regardless of their formal status, of transparency and predictability as in the Union the highest possible degree of regards their working conditions. transparency and predictability as regards

their working conditions.

Or. en

Amendment 52

Daniel Buda

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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

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

status of a worker 34 which are appropriate status of a worker 34 which are appropriate

for determining the personal scope of for determining the personal scope of application of this Directive. The definition application of this Directive. Additionally

of worker in Article 2(1) is based on these the ILO’s tripartite constituents adopted

criteria. They ensure a uniform Recommendation 198 Employment implementation of the personal scope of Relationship (2006) with indicators for an the Directive while leaving it to national employment relationship, among others authorities and courts to apply it to specific subordination and/or economic situations. Provided that they fulfil those dependency, primacy of facts and

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criteria, domestic workers, on-demand presumption of an employment workers, intermittent workers, voucher relationship. The definition of worker in based-workers, platform workers, trainees Article 2(1) needs to be based on the and apprentices could come within scope criteria developed by both ECJ and ILO. of this Directive. 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 Lawrie-Blum, Case 66/85; 14 October

2010, Union Syndicale Solidaires Isère, 2010, Union Syndicale Solidaires Isère,

Case C-428/09; 9 July 2015, Balkaya, Case Case C-428/09; 9 July 2015, Balkaya, Case

C-229/14; 4 December 2014, FNV C-229/14; 4 December 2014, FNV

Kunsten, Case C-413/13; and 17 Kunsten, Case C-413/13; and 17

November 2016, Ruhrlandklinik, Case C- November 2016, Ruhrlandklinik, Case C-

216/15. 216/15.

Or. en

Amendment 54

Daniel Buda

Proposal for a directive

Recital 7

Text proposed by the Commission Amendment

  • (7) 
    In order to ensure effectiveness of (7) Given that between 2 million and 3 the rights provided by the Union law, the million workers are currently excluded personal scope of Directive 91/533/EEC from the scope of Directive 91/533/EEC, should be updated. In its case law, the in order to ensure effectiveness of the

Court of Justice of the European Union has rights provided by the Union law and the established criteria for determining the indiscriminate implementation thereof,

status of a worker 34 which are appropriate the personal scope of Directive

for determining the personal scope of 91/533/EEC should be updated In its case application of this Directive. The definition law, the Court of Justice of the European of worker in Article 2(1) is based on these Union has established criteria for

criteria. They ensure a uniform determining the status of a worker 34 which

implementation of the personal scope of are appropriate for determining the the Directive while leaving it to national personal scope of application of this

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authorities and courts to apply it to specific Directive. The definition of worker in situations. Provided that they fulfil those Article 2(1) is based on these criteria. They criteria, domestic workers, on-demand ensure a uniform implementation of the workers, intermittent workers, voucher personal scope of the Directive while based-workers, platform workers, trainees leaving it to national authorities and courts and apprentices could come within scope to apply it to specific situations. Provided of this Directive. 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 Lawrie-Blum, Case 66/85; 14 October 2010, Union Syndicale Solidaires Isère, 2010, Union Syndicale Solidaires Isère, Case C-428/09; 9 July 2015, Balkaya, Case Case C-428/09; 9 July 2015, Balkaya, Case C-229/14; 4 December 2014, FNV C-229/14; 4 December 2014, FNV Kunsten, Case C-413/13; and 17 Kunsten, Case C-413/13; and 17 November 2016, Ruhrlandklinik, Case C- November 2016, Ruhrlandklinik, Case C- 216/15. 216/15.

Or. ro

Amendment 55

Răzvan Popa

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

status of a worker 34 which are appropriate status of a worker 34 which are appropriate

for determining the personal scope of for determining the personal scope of application of this Directive. The definition application of this Directive. The definition of worker in Article 2(1) is based on these of worker in Article 2(1) is based on these criteria. They ensure a uniform criteria. They ensure a uniform implementation of the personal scope of implementation of the personal scope of the Directive while leaving it to national the Directive while leaving it to national authorities and courts to apply it to specific authorities and courts to apply it to specific situations. Provided that they fulfil those situations. Provided that they fulfil those

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criteria, domestic workers, on-demand criteria, domestic workers, on-demand workers, intermittent workers, voucher workers, intermittent workers, voucher based-workers, platform workers, trainees based-workers, platform workers, trainees, and apprentices could come within scope apprentices and researchers could come of this Directive. 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 Lawrie-Blum, Case 66/85; 14 October

2010, Union Syndicale Solidaires Isère, 2010, Union Syndicale Solidaires Isère,

Case C-428/09; 9 July 2015, Balkaya, Case Case C-428/09; 9 July 2015, Balkaya, Case

C-229/14; 4 December 2014, FNV C-229/14; 4 December 2014, FNV

Kunsten, Case C-413/13; and 17 Kunsten, Case C-413/13; and 17

November 2016, Ruhrlandklinik, Case C- November 2016, Ruhrlandklinik, Case C-

216/15. 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 the rights provided by the Union law, the personal scope of Directive 91/533/EEC personal scope of Directive 91/533/EEC should be updated. In its case law, the should be updated. In its case law, the

Court of Justice of the European Union has Court of Justice of the European Union has established criteria for determining the established criteria for determining the

status of a worker 34 which are appropriate status of a worker 34 which are appropriate

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

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__________________ __________________

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

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

Or. en

Amendment 58 Ana Miranda, Tamás Meszerics on behalf of the Verts/ALE Group

Proposal for a directive Recital 7 b (new)

Text proposed by the Commission Amendment

(7b) In line with ILO Recommendation 198, the determination of the existence of an employment relationship should be based on the facts related to the actual performance of work and not on the

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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

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

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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

Text proposed by the Commission Amendment

  • (9) 
    Due to the unpredictability of ondeleted 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

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Amendment 63

Kostas Chrysogonos

Proposal for a directive

Recital 9

Text proposed by the Commission Amendment

  • (9) 
    Due to the unpredictability of ondeleted 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 persons may in practice assume the functions and responsibilities of an functions and responsibilities of an employer. Member States should remain employer. Member States should remain free to determine more precisely the free to determine more precisely the person(s) who are considered totally or person(s) who are considered totally, partially responsible for the execution of partially or jointly responsible for the the obligations that this Directive lays execution of the obligations that this down for employers, as long as all those Directive lays down for employers, as long obligations are fulfilled. Member States as all those obligations are fulfilled. should also be able to decide that some or Member States should also be able to all of these obligations are to be assigned decide that some or all of these obligations to a natural or legal person who is not party are to be assigned to a natural or legal to the employment relationship. Member person who is not party to the employment States should be able to establish specific relationship. 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

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

Or. en

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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 persons may in practice assume the functions and responsibilities of an functions and responsibilities of an employer. Member States should remain employer. Member States should remain free to determine more precisely the free to determine more precisely the person(s) who are considered totally or person(s) who are considered totally or partially responsible for the execution of partially responsible for the execution of the obligations that this Directive lays the obligations that this Directive lays down for employers, as long as all those down for employers, as long as all those obligations are fulfilled. Member States obligations are fulfilled in line with the should also be able to decide that some or corporate social responsibility of an entity all of these obligations are to be assigned to founded on work. Member States should a natural or legal person who is not party to also be able to decide that some or all of the employment relationship. Member these obligations are to be assigned to a

States should be able to establish specific natural or legal person who is not party to rules to exclude individuals acting as the employment relationship. Member employers for domestic workers in the States should be able to establish specific household from the obligations to consider rules to exclude individuals acting as and respond to a request for a different type employers for domestic workers in the of employment, to provide cost-free household from the obligations to consider mandatory training, and from coverage of and respond to a request for a different the redress mechanism based on favourable type of employment, to provide cost-free presumptions in the case of missing mandatory training, and from coverage of information in the written statement. the redress mechanism based on favourable

presumptions in the case of missing information in the written statement.

Or. pt

Amendment 67

Ana Miranda, Tamás Meszerics on behalf of the Verts/ALE Group

Proposal for a directive

Recital 10

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Text proposed by the Commission Amendment

  • (10) 
    Several different natural or legal (10) Several different natural or legal persons may in practice assume the persons may in practice assume the functions and responsibilities of an functions and responsibilities of an employer. Member States should remain employer. Member States should remain free to determine more precisely the free to determine more precisely the person(s) who are considered totally or person(s) who are considered totally or partially responsible for the execution of partially responsible for the execution of the obligations that this Directive lays the obligations that this Directive lays down for employers, as long as all those down for employers, as long as all those obligations are fulfilled. Member States obligations are fulfilled. Member States should also be able to decide that some or should also be able to decide that some or all of these obligations are to be assigned all of these obligations are to be assigned to a natural or legal person who is not party to a natural or legal person who is not party to the employment relationship. Member to the employment relationship. If several States should be able to establish specific natural and or legal persons are rules to exclude individuals acting as responsible as employer, they are jointly employers for domestic workers in the and severally liable. 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.

Or. en

Amendment 68

Răzvan Popa

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

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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 minimum list of essential aspects on which workers have to be informed in writing. It workers have to be informed in writing. It is necessary to adapt that list in order to is necessary to clarify that this is an open take account of developments on the minimum list and to adapt that list to the labour market, in particular the growth of need to better protect workers, in non-standard forms of employment. particular regarding the growth of nonstandard

    forms of employment.

    Or. en

Amendment 70

Daniel Buda

Proposal for a directive

Recital 12

Text proposed by the Commission Amendment

  • (12) 
    Information on working time (12) Information on working time should be consistent with the provisions of should be consistent with the provisions of Directive 2003/88/EC of the European Directive 2003/88/EC of the European

Parliament and of the Council 35 , and Parliament and of the Council 35 , and

include information on breaks, daily rest, include information on breaks, daily rest, weekly rest and the amount of paid leave. weekly rest and the amount of paid leave

thereby ensuring protection of the safety and health of workers.

__________________ __________________

35 Directive 2003/88/EC of the European 35 Directive 2003/88/EC of the European

Parliament and of the Council of 4 Parliament and of the Council of 4

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November 2003 concerning certain aspects November 2003 concerning certain aspects of the organisation of working time (OJ L of the organisation of working time (OJ L 299, 18.11.2003, p. 9). 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 provided should include but not be limited remuneration, including contributions in to all elements of the remuneration, as well cash or kind, directly or indirectly received as the method of calculation, including by the worker in respect of his or her work. contributions in cash or kind, directly or The provision of such information should indirectly received by the worker in respect be without prejudice to the freedom for of his or her work, overtime payments, employers to provide for additional bonuses and other entitlements, such as elements of remuneration such as one-off sick pay. The provision of such payments. The fact that elements of information should be without prejudice to remuneration due by law or collective the freedom for employers to provide for agreement have not been included in that additional elements of remuneration such information should not constitute a reason as one-off payments. The fact that elements for not providing them to the worker. 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.

Or. en

Amendment 72 Daniel Buda

Proposal for a directive Recital 14

Text proposed by the Commission Amendment

  • (14) 
    If it is not possible to indicate a (14) If it is not possible to indicate a fixed work schedule due to the nature of fixed work schedule due to the nature of

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

Amendment 74

Ana Miranda, Tamás Meszerics on behalf of the Verts/ALE Group

Proposal for a directive

Recital 15

Text proposed by the Commission Amendment

  • (15) 
    Information on social security (15) Information on social security systems should include, where relevant, systems should include, where relevant, at sickness, maternity and equivalent, least sickness, maternity and equivalent, parental, paternity, old-age, invalidity, parental, paternity, old-age, invalidity, survivors', unemployment, pre-retirement survivors', unemployment, pre-retirement or family benefits. Information on social or family benefits and all other risks security protection provided by the covered by Regulation (EC) 883/2004. employer should include, where relevant, Information on social security protection coverage by supplementary pension provided by the employer should include

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schemes within the meaning of Council coverage by supplementary pension

Directive 98/49/EC 36 and Directive schemes within the meaning of Council 2014/50/EU of the European Parliament Directive 98/49/EC 36 and Directive and of the Council. 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 1998 on safeguarding the supplementary pension rights of employed and selfpension rights of employed and selfemployed persons moving within the employed persons moving within the Community (OJ L 209, 25.7.1998, p. 46). 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 Parliament and of the Council of 16 April 2014 on minimum requirements for 2014 on minimum requirements for enhancing worker mobility between enhancing worker mobility between Member States by improving the Member States by improving the acquisition and preservation of acquisition and preservation of supplementary pension rights (OJ L 128, supplementary pension rights (OJ L 128, 30.4.2014, p. 1). 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

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 informed about their rights and obligations resulting from the employment relationship resulting from the employment relationship in writing at the start of employment. The in writing from the start of employment. relevant information should therefore reach The relevant information should therefore them at the latest on the first day of the reach them at the latest, where applicable, employment. when the employment contract is signed and before the first day of the employment.

Or. en

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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 informed about their rights and obligations resulting from the employment relationship resulting from the employment relationship in writing at the start of employment. The in writing before the start of employment. relevant information should therefore reach The relevant information should therefore them at the latest on the first day of the reach them at the latest on the first day of employment. 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 provide timely information, Member States should ensure the availability of templates should ensure the availability of templates at national level including relevant and at national level including relevant and sufficiently comprehensive information on sufficiently comprehensive information on the legal framework applicable. These the legal framework applicable. The templates may be further developed at European Commission should assist sectoral or local level, by national Member States in producing these authorities and social partners. 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.

    Or. ro

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

  • (18) 
    Workers posted or sent abroad (18) Workers posted or sent abroad should receive additional information should receive additional information specific to their situation. For successive specific to their situation. For successive work assignments in several Member work assignments in several Member States or third countries, such as in States or third countries, such as in international road transport, that international road transport, that information may be grouped for several information may be grouped for several assignments before the first departure and assignments before the first departure and subsequently modified in case of change. subsequently modified in case of change. Where they qualify as posted workers Where they qualify as posted workers under Directive 96/71/EC of the European under Directive 96/71/EC of the European

Parliament and of the Council 38 , they Parliament and of the Council 38 , they

should also be notified of the single should also be notified of the single national website developed by the host national website developed by the host Member State where they will find the Member State where they will find the relevant information on the working relevant information on the working conditions applying to their situation. conditions applying to their situation. Unless Member States provide otherwise, Unless Member States provide otherwise,

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these obligations apply if the duration of these obligations apply if the duration of the work period abroad is more than four the work period abroad is more than four consecutive weeks. 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 Parliament and of the Council of 16

December 1996 concerning the posting of December 1996 concerning the posting of workers in the framework of the provision workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1). 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 should receive additional information specific to their situation. For successive specific to their situation. For successive work assignments in several Member work assignments in several Member

States or third countries, such as in States or third countries, such as in international road transport, that international road transport, that information may be grouped for several information may be grouped for several assignments before the first departure and assignments before the first departure and subsequently modified in case of change. subsequently modified before the

Where they qualify as posted workers commencement of the relevant under Directive 96/71/EC of the European assignment or in case of change. Where

Parliament and of the Council, 38 they they qualify as posted workers under

should also be notified of the single Directive 96/71/EC of the European

national website developed by the host Parliament and of the Council, 38 they

Member State where they will find the should also be notified of the single relevant information on the working national website developed by the host conditions applying to their situation. Member State and be provided in paper or Unless Member States provide otherwise, electronically with the relevant these obligations apply if the duration of information on the working conditions the work period abroad is more than four applying to their situation. consecutive weeks.

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__________________ __________________

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

Parliament and of the Council of 16 Parliament and of the Council of 16 December 1996 concerning the posting of December 1996 concerning the posting of workers in the framework of the provision workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1). 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 employers to verify if that workers are suitable for the position for which they suitable for the position for which they have been engaged while providing them have been engaged while providing them with accompanying support and training. with accompanying support and training. Such periods may be accompanied by Any entry into the labour market or reduced protection against dismissal. Any transition to a new position should not be entry into the labour market or transition to subject to prolonged insecurity. As a new position should not be subject to established in the European Pillar of Social prolonged insecurity. As established in the Rights, probationary periods should European Pillar of Social Rights, therefore be of reasonable duration. A probationary periods should therefore be of substantial number of Member States have reasonable duration. A substantial number established a general maximum duration of of Member States have established a probation between three and six months, general maximum duration of probation which should be considered reasonable and between three and six months, which therefore by no means be exceeded should be considered reasonable. beyond 6 months. 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.

Or. en

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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 employers to verify that workers are suitable for the position for which they suitable for the position for which they have been engaged while providing them have been engaged while providing them with accompanying support and training. with accompanying support and training.

Such periods may be accompanied by Any entry into the labour market or reduced protection against dismissal. Any transition to a new position should not be entry into the labour market or transition to subject to prolonged insecurity. As a new position should not be subject to established in the European Pillar of Social prolonged insecurity. As established in the Rights, probationary periods should

European Pillar of Social Rights, therefore be of reasonable duration. A probationary periods should therefore be of substantial number of Member States have reasonable duration. A substantial number established a general maximum duration of of Member States have established a probation between three and six months, general maximum duration of probation which should be considered reasonable and between three and six months, which should not be extended under any should be considered reasonable. circumstance. Probationary periods may

Probationary periods may be longer than be longer than three months only where six months where this is justified by the this is in the interest of the worker, such as nature of the employment such as for in the case of long illness or in the context managerial positions and where this is in of specific measures promoting permanent the interest of the worker, such as in the employment notably for young workers. case of long illness or in the context of specific measures promoting permanent employment notably for young workers.

Or. en

Amendment 83

Ana Miranda, Tamás Meszerics on behalf of the Verts/ALE Group

Proposal for a directive

Recital 20

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Text proposed by the Commission Amendment

  • (20) 
    Employers should not prohibit (20) Employers should not prohibit workers from taking up employment with workers from taking up employment with other employers, outside the time spent other employers, outside the time spent working for them, within the limits set out working for them, within the limits set out in Directive 2003/88/EC of the European in Directive 2003/88/EC of the European

Parliament and of the Council. 39 Parliament and of the Council. 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 Parliament and of the Council of 4 November 2003 concerning certain aspects November 2003 concerning certain aspects of the organisation of working time (OJ L of the organisation of working time (OJ L 299, 18.11.2003, p. 9). 299, 18.11.2003, p. 9).

Or. en

Amendment 84 Daniel Buda

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

Parliament and of the Council 39 . Parliament and of the Council 39 .

Incompatibility clauses, understood as a Incompatibility clauses, understood as a restriction on working for specific restriction on working for specific categories of employers, may be necessary categories of employers, may be necessary for objective reasons, such as the for objective reasons, such as the protection of business secrets or the protection of business secrets or the avoidance of conflicts of interests. avoidance of conflicts of interests. Any incompatibility clause contained in a work contract, whatever its type, must be

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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 Parliament and of the Council of 4

November 2003 concerning certain aspects November 2003 concerning certain aspects of the organisation of working time (OJ L of the organisation of working time (OJ L 299, 18.11.2003, p. 9). 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 workers from taking up employment with other employers, outside the time spent other employers, outside the time spent working for them, within the limits set out working for them, within the limits set out in Directive 2003/88/EC of the European in Directive 2003/88/EC of the European

Parliament and of the Council 39 . Parliament and of the Council 39 . Member

Incompatibility clauses, understood as a States shall have the right to adopt restriction on working for specific incompatibility clauses, understood as a categories of employers, may be necessary restriction on working for specific for objective reasons, such as the categories of employers, which may be protection of business secrets or the necessary for objective reasons, such as the avoidance of conflicts of interests. 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 Parliament and of the Council of 4

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

Or. ro

Amendment 86

Răzvan Popa

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

Parliament and of the Council. 40 to Directive 2002/15/EC of the European Parliament and of the Council. 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 Parliament and of the Council of 11 March 2002 on the organisation of the working 2002 on the organisation of the working time of persons performing mobile road time of persons performing mobile road transport activities (OJ L 80, 23.3.2002, p. transport activities (OJ L 80, 23.3.2002, p. 35). 35).

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

Parliament and of the Council 40 . 2002/15/EC of the European Parliament and of the Council 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 Parliament and of the Council of 11 March

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

Or. ro

Amendment 89

Kostas Chrysogonos

Proposal for a directive

Recital 23

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Text proposed by the Commission Amendment

  • (23) 
    A reasonable minimum advance (23) A reasonable minimum advance notice, understood as the period of time notice of fifteen days, understood as the between the moment a worker is informed period of time between the moment a about a new work assignment and the worker is informed about a new work moment the assignment starts, constitutes assignment and the moment the assignment another necessary element of predictability starts, constitutes another necessary of work for employment relationships with element of predictability of work for work schedule which are variable or employment relationships with work mostly determined by the employer. The schedule which are variable or mostly length of the advance notice period may determined by the employer. The length of vary according to the needs of sectors, the advance notice period may be longer while ensuring adequate protection of according to the needs of sectors, while workers. It applies without prejudice to ensuring adequate protection of workers. It Directive 2002/15/EC of the European applies without prejudice to Directive

Parliament and of the Council. 40 2002/15/EC of the European Parliament and of the Council. 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 Parliament and of the Council of 11 March 2002 on the organisation of the working 2002 on the organisation of the working time of persons performing mobile road time of persons performing mobile road transport activities (OJ L 80, 23.3.2002, p. transport activities (OJ L 80, 23.3.2002, p. 35). 35).

Or. en

Amendment 90 Daniel Buda

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 possibility to offer full-time or open-ended labour contracts to workers in non-standard labour contracts to workers in non-standard forms of employment, a transition to more forms of employment, a transition to more secure forms of employment should be secure forms of employment should be promoted. Workers should be able to promoted in line with Principle 5 of the request another more predictable and European Pillar of Social Rights, secure form of employment, where proclaimed in Gothenburg on 17 available, and receive a written response November 2017 seeking to encourage a

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

    worker.

    Or. en

Amendment 92

Răzvan Popa

Proposal for a directive

Recital 25

Text proposed by the Commission Amendment

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

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possibility to offer full-time or open-ended possibility to offer full-time or open-ended labour contracts to workers in non-standard labour contracts to workers in non-standard forms of employment, a transition to more forms of employment, a transition to more secure forms of employment should be secure forms of employment should be promoted. Workers should be able to promoted. Workers should be able to request another more predictable and request another more predictable and secure form of employment, where secure form of employment, where available, and receive a written response available, and receive a written response from the employer, which takes into from the employer within a suitable period account the needs of the employer and of of time, which takes into account the needs the worker. 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 legislation or collective agreements or provide training to workers to carry out the internal rules to provide training to work for which they are employed, it is workers to carry out the work for which important to ensure that such training is they are employed, it is important to ensure provided equally, including to those in that such training is provided equally and non-standard forms of employment. The without discrimination, including to those costs of such training should not be in non-standard forms of employment. The charged to the worker nor withheld or costs of such training should not be deducted from the worker's remuneration. charged to the worker nor withheld or deducted from the worker's remuneration. The training should take place during working hours.

Or. en

Amendment 94 Daniel Buda

Proposal for a directive Recital 27

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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 specific sectors or situations different provisions are more appropriate, for the provisions are more appropriate, for the pursuit of the purpose of this Directive, pursuit of the purpose of this Directive, than the minimum standards set in Chapter offering greater protection than the

Three of this Directive. Member States minimum standards set in Chapter Three of should therefore be able to allow social this Directive. Given the crucial role of partners to conclude collective agreements the social partners at all levels in modifying the provisions contained in that promoting and implementing the chapter, as long as the overall level of European Social Pillar, Member States protection of workers is not lowered. 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

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

    Or. en

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

Or. en

Amendment 97 Jytte Guteland

Proposal for a directive Recital 27 a (new)

Text proposed by the Commission Amendment

(27a) In Member States where there are a high level of organisation, both among employees and employers, and where the social partners in their capacity as representatives for workers and employers have the primary responsibility to regulate working conditions on the labour market, the social partners should have full authority regarding the possibility to conclude collective agreements. Such concluded collective agreements that regulate working conditions and give workers an overall protection can deviate from the minimum rights provided by this directive as long as the purpose of the

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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

Text proposed by the Commission Amendment

  • (28) 
    The consultation on the European (28) The consultation on the European

Pillar of Social Rights showed the need to Pillar of Social Rights showed the need to strengthen enforcement of Union labour strengthen enforcement of Union labour law to ensure its effectiveness. As regards law to ensure its effectiveness. As regards Directive 91/533/EEC, the REFIT Directive 91/533/EEC, the REFIT

evaluation 41 confirmed that strengthened evaluation 41 confirmed that strengthened

enforcement mechanisms could improve its enforcement mechanisms could improve its effectiveness. It showed that redress effectiveness. It showed that redress systems based solely on claims for systems based solely on claims for damages are less effective than systems damages are less effective than systems that also provide for sanctions (such as that also provide for sanctions (such as lump sums or loss of permits) for lump sums or loss of permits) for employers who fail to issue written employers who fail to issue written statements. It also showed that employees statements. It also showed that employees

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rarely seek redress during the employment rarely seek redress during the employment relationship, which jeopardises the goal of relationship, which jeopardises the goal of the provision of the written statement to the provision of the written statement to ensure workers are informed about their ensure workers are informed about their essential features of their employment essential features of their employment relationship. It is therefore necessary to relationship. It is therefore necessary to introduce enforcement provisions which introduce enforcement provisions which ensure the use either of favourable ensure the use either of favourable presumptions where information about the presumptions where information about the employment relationship is not provided, employment relationship is not provided, or of an administrative procedure under and of an administrative procedure under which the employer may be required to which the employer may be required to provide the missing information and provide the missing information and subject to sanction if it does not. That subject to sanction if it does not. 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 100 Kostas Chrysogonos

Proposal for a directive Recital 28

Text proposed by the Commission Amendment

  • (28) 
    The consultation on the European (28) The consultation on the European Pillar of Social Rights showed the need to Pillar of Social Rights showed the need to strengthen enforcement of Union labour strengthen enforcement of Union labour law to ensure its effectiveness. As regards law to ensure its effectiveness. As regards Directive 91/533/EEC, the REFIT Directive 91/533/EEC, the REFIT

evaluation 41 confirmed that strengthened evaluation 41 confirmed that strengthened

enforcement mechanisms could improve its enforcement mechanisms could improve its effectiveness. It showed that redress effectiveness. It showed that redress systems based solely on claims for systems based solely on claims for damages are less effective than systems damages are less effective than systems that also provide for sanctions (such as that also provide for sanctions (such as lump sums or loss of permits) for lump sums or loss of permits) for employers who fail to issue written employers who fail to issue written statements. It also showed that employees statements. It also showed that employees

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

Text proposed by the Commission Amendment

  • (29) 
    An extensive system of (29) An extensive system of enforcement provisions for the social enforcement provisions for the social acquis in the Union has been adopted since acquis in the Union has been adopted since Directive 91/533/EEC, notably in the Directive91/533/EEC, notably in the fields fields of anti-discrimination and equal of anti-discrimination and equal opportunities, elements of which should be opportunities; this system should be fully applied to this Directive in order to ensure applied to this Directive in order to ensure that workers have access to effective and that workers have access to effective and impartial dispute resolution and a right to impartial dispute resolution and a right to redress, including adequate compensation, redress, including adequate compensation, reflecting the Principle 7 of the European reflecting the Principle 7 of the European

Pillar of Social Rights. Pillar of Social Rights. It should be also urgently considered to broaden these

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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 enforcement provisions for the social acquis in the Union has been adopted since acquis in the Union has been adopted since Directive 91/533/EEC, notably in the fields Directive 91/533/EEC, notably in the fields of anti-discrimination and equal of anti-discrimination and equal opportunities, elements of which should be opportunities, elements of which should be applied to this Directive in order to ensure applied to this Directive in order to ensure that workers have access to effective and that workers, as defined in Article 2 of this impartial dispute resolution and a right to Directive, have access to effective and redress, including adequate compensation, impartial dispute resolution and a right to reflecting the Principle 7 of the European redress, including adequate compensation, Pillar of Social Rights. reflecting the Principle 7 of the European Pillar of Social Rights.

Or. ro

Amendment 103 Evelyne Gebhardt

Proposal for a directive Recital 33 a (new)

Text proposed by the Commission Amendment

(33a) As effective enforcement of rules of the European Union matters to Europeans a robust, efficient and effective system is needed to ensure that Member States fully apply, implement and enforce EU law and provide adequate redress. In particular in the event of collective redundancies workers should

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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)

Text proposed by the Commission Amendment

(33b) Persons reporting situations of infringements of the rights provided under this Directive, should be fully protected by current and future European rules regarding the protection of whistleblowers.

Or. en

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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.

Or. pt

Amendment 108 Kostas Chrysogonos

Proposal for a directive Recital 37

Text proposed by the Commission Amendment

  • (37) 
    In implementing this Directive deleted Member States should avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings. Member States are therefore invited to

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assess the impact of their transposition act on SMEs in order to make sure that

SMEs are not disproportionately affected, with specific attention for microenterprises 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

Text proposed by the Commission Amendment

  • (38) 
    The Member States may entrust (38) The Member States should entrust social partners with the implementation of social partners with the implementation of this Directive, where social partners jointly this Directive, where social partners jointly request to do so and as long as the Member request to do so and as long as the Member States take all the necessary steps to ensure States take all the necessary steps to ensure that they can at all times guarantee the that they can at all times guarantee the results sought under this Directive. results sought under this Directive.

    Or. en

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

Or. ro

Amendment 113 António Marinho e Pinto

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

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

    Or. en

Amendment 115

Jytte Guteland

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 rights that apply to every worker in the

Union. Union having an employment contract or employment relationship as defined by the applicable national law, collective

agreements or practice in force in each Member State.

Or. en

Amendment 116

Ana Miranda, Tamás Meszerics on behalf of the Verts/ALE Group

Proposal for a directive

Article 1 – paragraph 2

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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 rights that apply to every worker in the Union. 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 rights that apply to every worker in the Union. public and private sector in the European Union without exception.

Or. en

Amendment 118 Daniel Buda

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 rights that apply to every worker in the Union. Union under Article (2)(1)(a).

Or. ro

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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

  • 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. en

Amendment 121

Evelyne Gebhardt

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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 version) 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.

    (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

Text proposed by the Commission Amendment

  • 4. 
    Paragraph 3 shall not apply to an deleted employment relationship where no guaranteed amount of paid work is predetermined before the employment starts.

Or. ro

Amendment 123 Ana Miranda, Tamás Meszerics on behalf of the Verts/ALE Group

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

2008/104/EC. 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.

Or. en

Amendment 125

Francis Zammit Dimech

Proposal for a directive

Article 1 – paragraph 5

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Text proposed by the Commission Amendment

  • 5. 
    Member States may determine 5. Member States may determine which persons are responsible for the which persons are responsible for the execution of the obligations for employers execution of the obligations for employers laid down by this Directive as long as all laid down by this Directive as long as all those obligations are fulfilled. They may those obligations are fulfilled. They may also decide that all or part of these also decide that all or part of these obligations shall be assigned to a natural or obligations shall be assigned to a natural or legal person who is not party to the legal person who is not party to the employment relationship. This paragraph is employment relationship. Nevertheless, the without prejudice to Directive Employers shall continue to be 2008/104/EC. 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

  • 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

Amendment 127 Ana Miranda, Tamás Meszerics on behalf of the Verts/ALE Group

Proposal for a directive Article 1 – paragraph 6

PE625.205v02-00 50/105 AM\1158343EN.docx

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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 to seafarers and sea fishermen, taking into prejudice to Council Directive 2009/13/EC account the specific conditions of the and Council Directive (EU) 2017/159, sector, without prejudice to Council respectively. 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.

    Or. en

Amendment 129

Ana Miranda, Tamás Meszerics on behalf of the Verts/ALE Group

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

Or. en

Amendment 131 Ana Miranda, Tamás Meszerics on behalf of the Verts/ALE Group

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 who for a certain period of time performs services for and under the direction of services for and under the direction of another person in return for remuneration; another natural or legal person in return for remuneration; direction includes where the person is in a situation of economic

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

Or. ro

Amendment 133

Evelyne Gebhardt

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

Or. en

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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 one or more natural or legal person(s) who is or are natural or legal person(s) (virtual platform directly or indirectly party to an or otherwise) who employ(s) the services employment relationship with a worker; of one or more workers and is or are directly or indirectly party to an employment relationship with worker(s);

Or. en

Amendment 136 Ana Miranda, Tamás Meszerics on behalf of the Verts/ALE Group

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

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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 person that engages workers directly or directly or indirectly party to an indirectly. employment relationship with a worker;

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;

Or. en

Amendment 138

Francis Zammit Dimech

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 schedules, shifts and any time slots in work can take place at the request of the specified days during which work can take employer. place at the request of the employer;

Or. en

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

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

Or. ro

Amendment 141 Francis Zammit Dimech

Proposal for a directive Article 2 – paragraph 1 – point e a (new)

Text proposed by the Commission Amendment

(ea) 'probationary period' means a preagreed period of time wherein a

worker’s performance is monitored

closely in order to assess his capabilities

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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 employers are required to inform workers of the essential aspects of the employment of the essential aspects of the employment relationship. 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, but not limited

to:

Or. en

Amendment 144

Daniel Buda

Proposal for a directive

Article 3 – paragraph 2 – introductory part

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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

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

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

Or. en

Amendment 147 Evelyne Gebhardt

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

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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 employment relationship, the end date or the expected duration thereof; 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 149

Daniel Buda

Proposal for a directive

Article 3 – paragraph 2 – point g

Text proposed by the Commission Amendment

(g) any training entitlement provided (g) any right to training provided by by the employer; the employer if he is obliged to do so by

law, under the terms of collective agreements or in accordance with the

employer’s general training policy;

Or. ro

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

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 of the period of notice, to be observed by the employer and the worker should their the employer and the worker should their employment relationship be terminated or, employment relationship be terminated or, where the length of the period of notice where the length of the period of notice cannot be indicated when the information cannot be indicated when the information is given, the method for determining such is given, the method for determining such period of notice; period of notice, as well as the formal requirements for the notice of termination and the deadline for bringing an action contesting dismissal;

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

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

bringing an action contesting dismissal;

Or. ro

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EN

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 component elements indicated separately, method of payment of the remuneration to such as payments of overtime, bonuses which the worker is entitled; 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

(j) the initial basic amount, any other (j) the initial basic amount, any other component elements, the frequency and component elements including all kinds of method of payment of the remuneration to boni and the amount of social security which the worker is entitled; contribution paid by the employer, the frequency and method of payment of the remuneration to which the worker is entitled;

Or. en

Amendment 156 Ana Miranda, Tamás Meszerics on behalf of the Verts/ALE Group

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

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

institutions, the name of the competent body or joint institution within which the agreements were concluded;

Or. en

Amendment 158

Ana Miranda, Tamás Meszerics on behalf of the Verts/ALE Group

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

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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

(nb) any benefits in kind which the employer provides for the worker;

Or. en

Amendment 161 Evelyn Regner

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

Text proposed by the Commission Amendment

(nc) any categorization into a general pay scheme;

Or. en

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

    Or. en

Amendment 163

Evelyn Regner

Proposal for a directive

Article 3 – paragraph 3 a (new)

Text proposed by the Commission Amendment

3a. The information referred to in Article 3(2) must not be construed as a declaration of acceptance by the worker.

Or. en

Amendment 164

Ana Miranda, Tamás Meszerics on behalf of the Verts/ALE Group

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

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Article 3(2) shall be provided individually Article 3(2) shall be provided individually to the worker in the form of a document at to the worker in the form of a document as the latest on the first day of the early as possible and at the latest, where employment relationship. That document applicable, the moment the employment may be provided and transmitted contract is signed and before the first day electronically as long as it is easily of the employment relations. That accessible by the worker and can be stored document may be sent electronically and printed. 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 Article 3(2) shall be provided individually to the worker in the form of a document at to the worker in the form of a written the latest on the first day of the paper document at the latest on the first employment relationship. That document day of the employment relationship. That may be provided and transmitted document may be provided and transmitted electronically as long as it is easily electronically as long as reception can be accessible by the worker and can be stored confirmed and as long as it is easily and printed. accessible by the worker and can be stored and printed.

Or. ro

Amendment 166

Răzvan Popa

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

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

Amendment 168

Daniel Buda

Proposal for a directive

Article 4 – paragraph 2

Text proposed by the Commission Amendment

  • 2. 
    Member States shall develop 2. Member States shall develop templates and models for the document templates or models for the document referred to in paragraph 1 and put them at referred to in paragraph 1 and put them at the disposal of workers and employers the disposal of workers and employers including by making them available on a including by making them available on a single official national website and by single official national website and by other suitable means. other suitable means. The European

    Commission shall assist Member States in producing these templates or models in order to avoid any discrepancies in

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

Text proposed by the Commission Amendment

  • 2. 
    Member States shall develop 2. Member States, after consultation templates and models for the document with social partners, shall develop referred to in paragraph 1 and put them at templates and models for the document the disposal of workers and employers referred to in paragraph 1 and put them at including by making them available on a the disposal of workers and employers single official national website and by including by making them available on a other suitable means. single official national website and by other suitable means.

Or. ro

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

    Or. en

Amendment 172

Daniel Buda

Proposal for a directive

Article 5 – paragraph 1

Text proposed by the Commission Amendment

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

provided for within Article 4(1).

Or. ro

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Amendment 173

Răzvan Popa

Proposal for a directive Article 5 – paragraph 1

Text proposed by the Commission Amendment

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

  • 1. 
    Member States shall ensure that, 1. Member States shall ensure that, where a worker is required to work in a where a worker is required to work in a Member State or third country other than Member State or third country other than the Member State in which he or she the Member State in which he or she habitually works, the document referred to habitually works, the document referred to in Article 4(1) shall be provided before his in Article 4(1) shall be provided within a or her departure and shall include at least reasonable period before his or her the following additional information: departure and shall include at least the following additional information:

Or. ro

Amendment 175 Francis Zammit Dimech

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

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

Or. en

Amendment 177

Francis Zammit Dimech

Proposal for a directive

Article 6 – paragraph 1 – point a a (new)

Text proposed by the Commission Amendment

(aa) the working hours, the rules on public holidays and tax and security arrangements;

Or. en

Amendment 178

Francis Zammit Dimech

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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) the work schedule and rules regarding legal holidays in the country or countries in which they are to work;

Or. ro

Amendment 181 Evelyn Regner

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

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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 in the place or places of work where the work abroad is to be performed;

Or. en

Amendment 184

Răzvan Popa

Proposal for a directive

Article 6 – paragraph 1 – point d b (new)

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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

(dc) information on social security measures and taxes levied by the host country.

Or. ro

Amendment 187 Evelyn Regner

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

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

Text proposed by the Commission Amendment

(a) the remuneration to which the (a) the employment conditions under worker is entitled in accordance with the Article 3.1 of Directive 96/71/EC applicable law of the host Member State; including remuneration to which the

worker is entitled in accordance with the applicable law of the host Member State;

Or. en

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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 paragraph 1(b) and 2(a) may, where

appropriate, be given in the form of a appropriate, be given in the form of a

reference to the laws, regulations and reference to the laws, regulations and

administrative or statutory provisions or administrative or statutory provisions or

collective agreements governing those collective agreements governing those

particular points. 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

  • 3. 
    The information referred to in 3. The information referred to in paragraph 1(b) and 2(a) may, where paragraph 1(b) and 2(a) shall be clearly appropriate, be given in the form of a given in the form of a reference to the reference to the laws, regulations and laws, regulations and administrative or administrative or statutory provisions or statutory provisions or collective collective agreements governing those agreements governing those particular particular points. points and made available or translated in a language that the posted workers are able to understand.

Or. en

Amendment 192 Evelyne Gebhardt

Proposal for a directive Article 6 – paragraph 3

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

    Or. en

Amendment 194

Ana Miranda, Tamás Meszerics on behalf of the Verts/ALE Group

Proposal for a directive

Article 6 – paragraph 4

Text proposed by the Commission Amendment

  • 4. 
    Unless Member States provide deleted otherwise, paragraphs 1 and 2 shall not

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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 where an employment relationship is subject to a probationary period, that subject to a probationary period, that period shall not exceed six months, period shall not exceed six months, including any extension. 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 196 Francis Zammit Dimech

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 where an employment relationship is subject to a probationary period, that subject to a probationary period, that period shall not exceed six months, period shall not exceed that stipulated in including any extension. the national legislation or relevant collective agreements.

Or. en

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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 where an employment relationship is subject to a probationary period, that subject to a probationary period, that period shall not exceed six months, period shall not exceed one month, including any extension. 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 longer probationary periods in cases where this is justified by the nature of the employment or is in the interest of the worker.

    Or. en

Amendment 199

Francis Zammit Dimech

Proposal for a directive

Article 7 – paragraph 2

Text proposed by the Commission Amendment

  • 2. 
    Member States may provide for 2. Member States may provide for longer probationary periods in cases where longer probationary periods only in cases

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

2b. A probation period can only be agreed in cases of open-ended contracts.

Or. en

Amendment 202 Evelyn Regner

Proposal for a directive Article 8 – title

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

    Or. en

Amendment 204

Ana Miranda, Tamás Meszerics on behalf of the Verts/ALE Group

Proposal for a directive

Article 8 – paragraph 2

Text proposed by the Commission Amendment

  • 2. 
    Employers may however lay down deleted 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 205

Francis Zammit Dimech

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

Or. ro

Amendment 207 Evelyn Regner

Proposal for a directive Article 9 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

Member States shall ensure that where a Member States shall ensure that an worker's work schedule is entirely or employer can only modify the pattern of mostly variable and entirely or mostly normal working hours if the following determined by the employer, the worker conditions are met: may be required to work by the employer

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

Or. en

Amendment 209

Evelyn Regner

Proposal for a directive

Article 9 – paragraph 1 – point b

Text proposed by the Commission Amendment

(b) if the worker is informed by their (b) the worker is informed of the employer of a work assignment a pattern of the normal working hours for reasonable period in advance, in the respective week at least two weeks in accordance with Article 3(2)(l)(ii). advance, except in cases of emergency;

Or. en

Amendment 210

Evelyn Regner

Proposal for a directive

Article 9 – paragraph 1 – point b a (new)

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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)

Text proposed by the Commission Amendment

Member States shall ensure that for every employment relationship the length and the pattern of the normal working time is clearly determined. Employers shall pay a premium for overtime.

Or. en

Amendment 213 Ana Miranda, Tamás Meszerics on behalf of the Verts/ALE Group

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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 workers with at least six months' seniority with the same employer may request a with the same employer may convert into a form of employment with more predictable form of employment with more predictable and secure working conditions where and secure working conditions where available. 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 workers with at least six months' seniority with the same employer may request a with the same employer shall be entitled to form of employment with more predictable obtain a form of employment with more and secure working conditions where predictable and secure working conditions available. where available.

    Or. en

Amendment 215

Ana Miranda, Tamás Meszerics on behalf of the Verts/ALE Group

Proposal for a directive

Article 10 – paragraph 2

Text proposed by the Commission Amendment

  • 2. 
    The employer shall provide a 2. The employer shall genuinely written reply within one month of the consider the conversion. A refusal is only

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request. With respect to natural persons allowed if provided in writing arguing an acting as employers and micro, small, or objective business needs within one month medium enterprises, Member States may of the request. 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.

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

Or. ro

Amendment 217 Evelyn Regner

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

Text proposed by the Commission Amendment

2a. Member States shall ensure that

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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

Amendment 219

Francis Zammit Dimech

Proposal for a directive

Article 11 – paragraph 1

Text proposed by the Commission Amendment

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

the worker.

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

Member States shall ensure that workers are entitled to a minimum amount of training within working hours equivalent to at least the amount of one normal working week per year.

Or. en

Amendment 222 Ana Miranda, Tamás Meszerics on behalf of the Verts/ALE Group

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

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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)

Text proposed by the Commission Amendment

Member States shall ensure that workers are entitled to paid educational leave.

Or. en

Amendment 225

Ana Miranda, Tamás Meszerics on behalf of the Verts/ALE Group

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

Member States with a high level of organisation and coverage for the collective agreements, and where the social partners have the primary responsibility to regulate working conditions, may determine that collective agreements concluded at the appropriate level by recognized social partners in accordance with national law, balancing the interests of workers and employers, shall be considered as respecting the overall protection of workers, as long as the purpose of this directive and

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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 Member States may allow social partners to conclude collective agreements, in to conclude collective agreements, in conformity with the national law or conformity with the national law or practice, which, while respecting the practice, which, without prejudice to the overall protection of workers, establish minimum standards determined under arrangements concerning the working this Directive and the overall protection of conditions of workers which differ from workers, establish arrangements those referred to in Articles 7 to 11. concerning the working conditions of

workers which differ from those referred to in Articles 7 to 11.

Or. ro

Amendment 228

Ana Miranda, Tamás Meszerics on behalf of the Verts/ALE Group

Proposal for a directive

Article 12 – paragraph 1

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Text proposed by the Commission Amendment

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

Or. en

Amendment 230 Ana Miranda, Tamás Meszerics on behalf of the Verts/ALE Group

Proposal for a directive Article 13 – paragraph 1

Text proposed by the Commission Amendment

Member States shall take all necessary Provisions contrary to this Directive and measures to ensure that provisions less beneficial for the worker in individual

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contrary to this Directive in individual or or collective agreements, internal rules of collective agreements, internal rules of undertakings, or any other arrangements undertakings, or any other arrangements are null and void and shall be amended in shall be declared null and void or are order to bring them at least into line with amended in order to bring them into line the provisions of this Directive. 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 Member States shall ensure that, where a worker has not received in due time all or worker has not received in due time all or part of the documents referred to in Article part of the documents referred to in Article 4(1), Article 5, or Article 6, and the 4(1), Article 5, or Article 6, one of the employer has failed to rectify that following systems shall apply: omission within 15 days of its notification, one of the following systems shall apply:

Or. ro

Amendment 232

Francis Zammit Dimech

Proposal for a directive

Article 14 – paragraph 1 – point a

Text proposed by the Commission Amendment

(a) the worker shall benefit from (a) the worker shall benefit from favourable presumptions defined by the favourable presumptions, which the

Member State. Where the information Member State has the obligation to define. provided did not include the information Where the information provided did not referred to in points (e), (f), (k) or (l) of include the information referred to in

Article 3(2), the favourable presumptions points (e), (f), (k) or (l) of Article 3(2), the shall include a presumption that the worker favourable presumptions reported by the has an open-ended employment worker shall apply as agreed and shall relationship, that there is no probationary include a presumption that the worker has period or that the worker has a full-time an open-ended employment relationship,

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position, respectively. Employers shall that there is no probationary period and have the possibility to rebut the that the worker has a full-time position, presumptions; or 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 to submit a complaint to a competent authority in a timely manner. If the authority in a timely manner. If the competent authority finds that the competent authority finds that the complaint is justified, it shall order the complaint is justified, it shall order the relevant employer(s) to provide the missing relevant employer(s) to provide the missing information. If the employer does not information. If the employer does not provide the missing information within 15 provide the missing information within 15 days following receipt of the order, the days following receipt of the order, the authority shall be able to impose an authority shall be able to impose an appropriate administrative penalty, even if appropriate, pre-established mandatory the employment relationship has ended. administrative penalty, even if the Employers shall have the possibility to employment relationship has ended. lodge an administrative appeal against the Employers shall have the possibility to decision imposing the penalty. Member lodge an appeal against the decision States may designate existing bodies as imposing the penalty. Member States may competent authorities. designate existing bodies as competent authorities.

Or. en

Amendment 234 Ana Miranda, Tamás Meszerics on behalf of the Verts/ALE Group

Proposal for a directive Article 14 a (new)

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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 Member States shall introduce measures necessary to protect workers, including necessary to protect all workers regardless workers who are employees' of their legal or formal status, including representatives, from any adverse treatment workers who are employees’ or trade by the employer or adverse consequences union representatives, from any adverse resulting from a complaint lodged with the treatment by the employer or adverse employer or from any legal proceedings consequences resulting from exercising a initiated with the aim of enforcing right provided in this Directive or from a compliance with the rights provided for in complaint lodged with the employer or this Directive. from any legal proceedings initiated with

the aim of enforcing compliance with these rights.

Or. en

Amendment 236

Francis Zammit Dimech

Proposal for a directive

Article 16 – paragraph 1

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Text proposed by the Commission Amendment

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

Or. en

Amendment 238 Ana Miranda, Tamás Meszerics on behalf of the Verts/ALE Group

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

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

    dismissal shall be considered noneffective if the employer is unable to provide supporting evidence.

    Or. ro

Amendment 240

Francis Zammit Dimech

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 have been dismissed, or have been subject to measures with equivalent effect, on the to measures with equivalent effect, on the grounds that they have exercised the rights grounds that they have exercised the rights provided for in this Directive may request provided for in this Directive may request

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

Or. en

Amendment 242

Răzvan Popa

Proposal for a directive Article 17 – paragraph 2

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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 have been dismissed, or have been subject to measures with equivalent effect, on the to measures with equivalent effect, on the grounds that they have exercised the rights grounds that they have exercised the rights provided for in this Directive may request provided for in this Directive may request the employer to provide duly substantiated the employer to provide duly substantiated grounds for the dismissal or its equivalent. grounds for the dismissal or its equivalent. The employer shall provide those grounds The employer shall provide those grounds in writing. 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 necessary measures to ensure that, when workers referred to in paragraph 2 workers referred to in paragraph 2 establish, before a court or other competent establish, before a court or other competent authority, facts from which it may be authority, facts from which it may be presumed that there has been such presumed that there has been such dismissal or its equivalent, it shall be for dismissal or its equivalent, it shall be for the respondent to prove that the dismissal the respondent to prove that the dismissal was based on grounds other than those was based on grounds other than those referred to in paragraph 1. referred to in paragraph 1. Dismissal shall

    not take effect until the matter has been resolved.

    Or. ro

Amendment 244

Evelyne Gebhardt

Proposal for a directive

Article 17 – paragraph 6 a (new)

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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 substantiated grounds for the dismissal or its equivalent in accordance with Article 17(2), it shall be presumed that the worker was dismissed on the grounds of exercising the rights of this Directive.

Or. en

Amendment 246 Ana Miranda, Tamás Meszerics on behalf of the Verts/ALE Group

Proposal for a directive Article 17 a (new)

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

Penalties shall be effective, proportionate Penalties shall be effective, proportionate and dissuasive. They may take the form of and dissuasive. They may take the form of a fine. They may also comprise payment of a fine. They shall also comprise an compensation. appropriate and at least proportional

payment of compensation.

Or. en

Amendment 248

Francis Zammit Dimech

Proposal for a directive

Article 18 – paragraph 1

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Text proposed by the Commission Amendment

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

Or. ro

Amendment 250 Evelyn Regner

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

Or. en

Amendment 252

Ana Miranda, Tamás Meszerics on behalf of the Verts/ALE Group

Proposal for a directive

Article 20 a (new)

Text proposed by the Commission Amendment

Article 20 a

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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 The rights and obligations set out in this Directive shall apply to existing Directive shall apply to existing employment relationships as from [entry employment relationships as from [entry into force date + 2 years]. However, into force date + 2 years]. 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.

Or. ro

Amendment 254 Ana Miranda, Tamás Meszerics on behalf of the Verts/ALE Group

Proposal for a directive Article 21 – paragraph 1

Text proposed by the Commission Amendment

The rights and obligations set out in this The rights and obligations set out in this Directive shall apply to existing Directive shall apply to existing employment relationships as from [entry employment relationships as from [entry

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into force date + 2 years]. However, into force date + 2 years]. 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.

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 By [entry into force date + 8 years], the

Commission shall, in consultation with the Commission shall, in consultation with the

Member States and social partners at Member States and social partners at

Union level and taking into account the Union level and taking into account the impact on small and medium-sized impact on micro-enterprises, review the enterprises, review the application of this application of this Directive with a view to Directive with a view to proposing, where proposing, where appropriate, the appropriate, the necessary amendments. necessary amendments.

Or. en

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