Procedure : 2017/0355(COD)
Document stages in plenary
Document selected : A8-0355/2018

Texts tabled :

A8-0355/2018

Debates :

PV 16/04/2019 - 5
CRE 16/04/2019 - 5

Votes :

PV 15/11/2018 - 5.4
CRE 15/11/2018 - 5.4
PV 16/04/2019 - 8.21
CRE 16/04/2019 - 8.21
Explanations of votes

Texts adopted :

P8_TA(2019)0379

REPORT     ***I
PDF 1264kWORD 207k
26.10.2018
PE 621.099v02-00 A8-0355/2018

on the proposal for a directive of the European Parliament and of the Council on transparent and predictable working conditions in the European Union

(COM(2017)0797 – C8‑0006/2018 – 2017/0355(COD))

Committee on Employment and Social Affairs

Rapporteur: Enrique Calvet Chambon

ERRATA/ADDENDA
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 OPINION of the Committee on Legal Affairs
 OPINION of the Committee on Women's Rights and Gender Equality
 PROCEDURE – COMMITTEE RESPONSIBLE
 FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a directive of the European Parliament and of the Council on transparent and predictable working conditions in the European Union

(COM(2017)0797 – C8‑0006/2018 – 2017/0355(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2017)0797),

–  having regard to Article 294(2) and Article 153(1)(b) and (2)(b) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0006/2018),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Swedish Parliament, asserting that the draft legislative act does not comply with the principle of subsidiarity,

–  having regard to the opinion of the European Economic and Social Committee of 23 May 2018(1),

–  having regard to the opinion of the Committee of the Regions of 5 July 2018(2),

–  having regard to Rule 59 of its Rules of Procedure,

–  having regard to the report of the Committee on Employment and Social Affairs and also the opinions of the Committee on Legal Affairs and the Committee on Women's Rights and Gender Equality (A8-0355/2018),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment    1

Proposal for a directive

Recital 1

Text proposed by the Commission

Amendment

(1)  The Charter of Fundamental Rights of the European Union provides in its Article 31 that every worker has the right to working conditions which respect his or her health, safety and dignity, and to limitation of maximum working hours, to daily and weekly rest periods and to an annual period of paid leave.

(1)  The Charter of Fundamental Rights of the European Union provides in its Article 31 that every worker has the right to working conditions which respect his or her health, safety and dignity, and to limitation of maximum working hours, to daily and weekly rest periods and to an annual period of paid leave. The objectives of this Directive should be fully in line with the Charter of Fundamental Rights of the European Union and the European Charter of Social Rights;

Amendment    2

Proposal for a directive

Recital 1 a (new)

Text proposed by the Commission

Amendment

 

(1a)  Principle 5 of the European Pillar of Social Rights provides that regardless of the type and duration of the employment relationship, workers have the right to fair and equal treatment regarding working conditions, access to social protection and training, that employment relationships that lead to precarious working conditions are to be prevented, including by prohibiting abuse of atypical contracts, that any probationary period should be of reasonable duration and that the transition towards open-ended forms of employment is to be fostered. It further provides that the necessary flexibility for employers to adapt swiftly to changes in the economic context is to be ensured, in accordance with legislation and collective agreements.

Justification

Complete the reference to Principle 5 of the European Pillar of Social Rights

Amendment    3

Proposal for a directive

Recital 2

Text proposed by the Commission

Amendment

(2)  Principle 7 of the European Pillar of Social Rights, proclaimed at Gothenburg on 17 November 2017, provides that workers have the right to be informed in writing at the start of employment about their rights and obligations resulting from the employment relationship, including any probationary period, and that they have the right to access to effective and impartial dispute resolution and, in case of unjustified dismissal, a right to redress, including adequate compensation. Principle 5 provides that regardless of the type and duration of the employment relationship, workers have the right to fair and equal treatment regarding working conditions, access to social protection and training, that employment relationships that lead to precarious working conditions is to be prevented, including by prohibiting abuse of atypical contracts, that any probationary period should be of reasonable duration and that the transition towards open-ended forms of employment is to be fostered.

(2)  Principle 7 of the European Pillar of Social Rights, proclaimed at Gothenburg on 17 November 2017, provides that workers have the right to be informed in writing at the start of employment about their rights and obligations resulting from the employment relationship, including any probationary period, and that they are entitled to be informed of the reasons for their dismissal and given a reasonable period of notice and that they have the right to access to effective and impartial dispute resolution and, in case of unjustified dismissal, a right to redress, including adequate compensation. Principle 5 provides that regardless of the type and duration of the employment relationship, workers have the right to fair and equal treatment regarding working conditions, access to social protection and training, that employment relationships that lead to precarious working conditions is to be prevented, including by prohibiting abuse of atypical contracts, that any probationary period should be of reasonable duration and that the transition towards open-ended forms of employment is to be fostered, while giving employers the necessary flexibility to adapt swiftly to any economic shifts.

Amendment    4

Proposal for a directive

Recital 2 a (new)

Text proposed by the Commission

Amendment

 

(2a)  Principle 7 provides that workers have the right to be informed in writing at the start of employment about their rights and obligations resulting from the employment relationship, including any probationary period, and that they have the right to access to effective and impartial dispute resolution and, in case of unjustified dismissal, a right to redress, including adequate compensation.

Amendment    5

Proposal for a directive

Recital 2 b (new)

Text proposed by the Commission

Amendment

 

(2b)  The establishment of the European Pillar of Social Rights does not affect the right of Member States to define the fundamental principles of their social security systems and manage their public finances, and must not significantly affect the financial equilibrium thereof.

Amendment    6

Proposal for a directive

Recital 3

Text proposed by the Commission

Amendment

(3)  Since the adoption of Council Directive 91/533/EEC33, labour markets have undergone far-reaching changes due to demographic developments and digitalisation leading to the creation of new forms of employment, which have supported job creation and labour market growth. New forms of employment are often not as regular or stable as traditional employment relationships and lead to reduced predictability for the workers concerned, creating uncertainty as to applicable rights and social protection. In this evolving world of work, there is therefore an increased need for workers to be fully informed about their essential working conditions, which should occur in a written form and in a timely manner. In order adequately to frame the development of new forms of employment, workers in the Union should also be provided with a number of new minimum rights aimed at promoting security and predictability in employment relationships while achieving upward convergence across Member States and preserving labour market adaptability.

(3)  Since the adoption of Council Directive 91/533/EEC, labour markets have undergone changes due to demographic developments and digitalisation leading to the creation of new forms of employment, which have supported innovation, job creation and labour market growth. New forms of employment can vary greatly in their predictability from traditional employment relationships and can sometimes lead to reduced predictability for the workers concerned, creating uncertainty over applicable rights and social protection and encouraging unclear or unfair practices, thereby destabilising the labour market. In this evolving world of work, there is therefore an increased need for workers regardless of their particular field to be fully informed about their essential working conditions, which should occur in a timely manner and in a written form and in a form easily accessible to workers. In order adequately to frame the development of new forms of employment, workers in the Union should also be provided with a number of new minimum rights aimed at promoting security and predictability in employment relationships while achieving upward convergence across Member States and preserving labour market adaptability.

__________________

__________________

33 Council Directive 91/533/EC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ L 288, 18.10.1991, p. 32).

33 Council Directive 91/533/EC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ L 288, 18.10.1991, p. 32).

Amendment    7

Proposal for a directive

Recital 5

Text proposed by the Commission

Amendment

(5)  Minimum requirements relating to information on the essential aspects of the employment relationship and relating to working conditions that apply to every worker should therefore be established at Union level in order to guarantee all workers in the Union an adequate degree of transparency and predictability as regards their working conditions.

(5)  Minimum requirements relating to information on the essential aspects of the employment relationship and relating to working conditions that apply to every worker should therefore be strengthened and established at Union level in order to guarantee all workers, regardless of their formal status, in the Union the highest possible degree of transparency and predictability as regards their working conditions, while maintaining reasonable flexibility of non-standard employment, thus preserving its benefits for workers and employers.

Amendment    8

Proposal for a directive

Recital 5 a (new)

Text proposed by the Commission

Amendment

 

(5a)  Member States should be able to provide, on objective grounds, that certain provisions laid down in Chapter III are adapted to the armed forces, and the police authorities, and other emergency services.

Amendment    9

Proposal for a directive

Recital 5 b (new)

Text proposed by the Commission

Amendment

 

(5b)  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.

Amendment    10

Proposal for a directive

Recital 6

Text proposed by the Commission

Amendment

(6)  The Commission has undertaken a two-phase consultation with the social partners on the improvement of the scope and effectiveness of Directive 91/533/EEC and the broadening of its objectives in order to insert new rights for workers, in accordance with Article 154 of the Treaty. This did not result in any agreement among social partners to enter into negotiations on those matters. However, as confirmed by the outcome of the open public consultations carried out to seek the views of various stakeholders and citizens, it is important to take action at the Union level in this area by modernising and adapting the current legal framework.

(6)  The Commission has undertaken a two-phase consultation with the social partners on the improvement of the scope and effectiveness of Directive 91/533/EEC and the broadening of its objectives in order to establish new rights for workers, in accordance with Article 154 of the Treaty on the Functioning of the European Union (TFEU). This did not result in any agreement among social partners to enter into negotiations on those matters. However, on the basis of the outcome of the open public consultations carried out to seek the views of various stakeholders and citizens, it is essential to take action at Union level in this area by adapting the current legal framework to new developments.

Justification

‘Establish’ is more accurate than ‘insert’ according to the legal basis of the proposal

Amendment    11

Proposal for a directive

Recital 7

Text proposed by the Commission

Amendment

(7)  In order to ensure effectiveness of the rights provided by the Union law, the personal scope of Directive 91/533/EEC should be updated. In its case law, the Court of Justice of the European Union has established criteria for determining the status of a worker34 which are appropriate for determining the personal scope of application of this Directive. The definition of worker in Article 2(1) is based on these criteria. They ensure a uniform implementation of the personal scope of the Directive while leaving it to national authorities and courts to apply it to specific situations. Provided that they fulfil those criteria, domestic workers, on-demand workers, intermittent workers, voucher based-workers, platform workers, trainees and apprentices could come within scope of this Directive.

(7)  In order to ensure the effectiveness of the rights provided by Union law, the personal scope of Directive 91/533/EEC should be updated. In its case law, the Court of Justice of the European Union (“Court of Justice”) has established criteria for determining the status of a worker34 which are appropriate for determining the personal scope of application of this Directive.

_________________________________

_________________________________

34 Judgments of 3 July 1986, Deborah Lawrie-Blum, Case 66/85; 14 October 2010, Union Syndicale Solidaires Isère, Case C-428/09; 9 July 2015, Balkaya, Case C-229/14; 4 December 2014, FNV Kunsten, Case C-413/13; and 17 November 2016, Ruhrlandklinik, Case C-216/15.

34 Judgments of 3 July 1986, Deborah Lawrie-Blum, Case 66/85; 14 October 2010, Union Syndicale Solidaires Isère, Case C-428/09; 9 July 2015, Balkaya, Case C-229/14; 4 December 2014, FNV Kunsten, Case C-413/13; and 17 November 2016, Ruhrlandklinik, Case C-216/15.

Amendment    12

Proposal for a directive

Recital 7 a (new)

Text proposed by the Commission

Amendment

 

(7a)  Member States retain the right to define who is a worker for the purpose of national law and practice. Member States should ensure that all natural persons who for a certain period of time perform services for and under the direction of another person in return for remuneration are afforded the rights provided for in this Directive, provided that they Member States have the freedom to determine the form by which the personal scope of this Directive is transposed.

Amendment  13

Proposal for a directive

Recital 7 b (new)

Text proposed by the Commission

Amendment

 

(7b)  Self-employed persons who do not fulfil the criteria established in this Directive do not fall within the scope of this Directive.

Amendment    14

Proposal for a directive

Recital 7 c (new)

Text proposed by the Commission

Amendment

 

(7c)  The Court of Justice's criteria for determining the status of a worker ensures the uniform implementation of the personal scope of this Directive while leaving it to national authorities and national courts to apply it to specific situations. Domestic workers, on-demand workers, intermittent workers, voucher based-workers, platform workers, freelancers, trainees and apprentices meet those criteria provided that they fall within the scope of this Directive.

Amendment    15

Proposal for a directive

Recital 8

Text proposed by the Commission

Amendment

(8)  In view of the increasing number of workers excluded from the scope of Directive 91/533/EEC on the basis of derogations made by Member States under Article 1 of that Directive, it is necessary to replace these derogations with a possibility for Member States not to apply the provisions of the Directive to a work relationship equal to or less than 8 hours in total in a reference period of one month. That derogation does not affect the definition of a worker as provided for in Article 2(1).

(8)  In view of the increasing number of workers excluded from the scope of Directive 91/533/EEC on the basis of derogations made by Member States under Article 1 of that Directive, it is necessary to replace these derogations with a possibility for Member States not to apply the provisions of the Directive to a work relationship equal to or less than 8 hours in total in a reference period of one month.

Amendment    16

Proposal for a directive

Recital 9

Text proposed by the Commission

Amendment

(9)  Due to the unpredictability of on-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.

deleted

Amendment    17

Proposal for a directive

Recital 10

Text proposed by the Commission

Amendment

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

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

Amendment    18

Proposal for a directive

Recital 10 a (new)

Text proposed by the Commission

Amendment

 

(10a)  Member States should be able to establish specific rules to exclude individuals acting as employers for domestic workers in the household from the requirements laid down in this Directive, to consider and respond to requests for different types of employment, to provide cost-free mandatory training, and to provide for redress mechanisms based on favourable presumptions in the case of missing information in the documentation that is to be provided to the worker under this Directive.

Justification

The specific situation of individuals acting as employer for domestic workers justifies the exclusion

Amendment    19

Proposal for a directive

Recital 11

Text proposed by the Commission

Amendment

(11)  Directive 91/533/EEC introduced a minimum list of essential aspects on which workers have to be informed in writing. It is necessary to adapt that list in order to take account of developments on the labour market, in particular the growth of non-standard forms of employment.

(11)  Directive 91/533/EEC introduced a minimum list of essential aspects on which workers have to be informed in writing. It is necessary to adapt that minimum list of essential aspects, which may be enlarged by Member States, in order to take account of developments on the labour market, in particular the growth of non-standard forms of employment.

Amendment    20

Proposal for a directive

Recital 12

Text proposed by the Commission

Amendment

(12)  Information on working time should be consistent with the provisions of Directive 2003/88/EC of the European Parliament and of the Council35, and include information on breaks, daily rest, weekly rest and the amount of paid leave.

(12)  Information on working time should be consistent with the provisions of Directive 2003/88/EC of the European Parliament and of the Council35, and include information on breaks, daily rest, 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 Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9).

35 Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9).

Amendment    21

Proposal for a directive

Recital 13

Text proposed by the Commission

Amendment

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

(13)  Information on remuneration to be provided should include all elements of the remuneration, including contributions in cash or kind, overtime payments, bonuses and other entitlements, directly or indirectly received by the worker in respect of his or her work. The provision of such information should be without prejudice to the freedom for employers to provide for additional elements of remuneration such as one-off payments. The fact that elements of remuneration due by law or collective agreement have not been included in that information should not constitute a reason for not providing them to the worker.

Amendment    22

Proposal for a directive

Recital 14

Text proposed by the Commission

Amendment

(14)  If it is not possible to indicate a fixed work schedule due to the nature of the employment, workers should know how their work schedule will be established, including the time slots in which they may be called to work and the minimum advance notice they should receive.

(14)  If it is not possible to indicate a standard working day or week due to the nature of the employment such as under an on-demand contract or a similar employment relationship, employers should inform workers how their work assignments will be established, including the timeslots during which they may be called to work and the minimum period of advance notice that they are to receive.

Amendment    23

Proposal for a directive

Recital 15

Text proposed by the Commission

Amendment

(15)  Information on social security systems should include, where relevant, sickness, maternity and equivalent, parental, paternity, old-age, invalidity, survivors', unemployment, pre-retirement or family benefits. Information on social security protection provided by the employer should include, where relevant, coverage by supplementary pension schemes within the meaning of Council Directive 98/49/EC36 and Directive 2014/50/EU of the European Parliament and of the Council.37

(15)  Information on social security systems should include information on the receiving social security institutions and proof of registration with the social security authorities, where it is the responsibility of the employer. Where relevant, it should include information on sickness, maternity and equivalent, parental, paternity, old-age, invalidity, survivors', unemployment, pre-retirement, family benefits, or benefits in respect of accidents at work and occupational diseases. Information on social security protection provided by the employer should include, where relevant, coverage by supplementary pension schemes within the meaning of Council Directive 98/49/EC36 and Directive 2014/50/EU of the European Parliament and of the Council.37

__________________

__________________

36 Council Directive 98/49/EC of 29 June 1998 on safeguarding the supplementary pension rights of employed and self-employed persons moving within the Community (OJ L 209, 25.7.1998, p. 46).

36 Council Directive 98/49/EC of 29 June 1998 on safeguarding the supplementary pension rights of employed and self-employed persons moving within the Community (OJ L 209, 25.7.1998, p. 46).

37 Directive 2014/50/EU of the European Parliament and of the Council of 16 April 2014 on minimum requirements for enhancing worker mobility between Member States by improving the acquisition and preservation of supplementary pension rights (OJ L 128, 30.4.2014, p. 1).

37 Directive 2014/50/EU of the European Parliament and of the Council of 16 April 2014 on minimum requirements for enhancing worker mobility between Member States by improving the acquisition and preservation of supplementary pension rights (OJ L 128, 30.4.2014, p. 1).

Amendment    24

Proposal for a directive

Recital 16

Text proposed by the Commission

Amendment

(16)  Workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writing at the start of employment. The relevant information should therefore reach them at the latest on the first day of the employment.

(16)  Workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writing, in paper or electronically, at the start of employment. The basic information should therefore reach them in writing at the latest on the first day of the start of the employment relationship. It should be possible to extend the deadline for providing the basic information to a maximum of seven days in the case of micro enterprises. The same information should be provided orally on the first day of the employment relationship. Those deadlines should not go beyond the term of the contract.

Amendment    25

Proposal for a directive

Recital 17

Text proposed by the Commission

Amendment

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

(17)  In order to help employers to provide timely information, Member States should ensure the availability of templates at national level, including relevant and sufficiently comprehensive information on the legal framework applicable. These templates should be further developed after consulting the social partners.

Amendment    26

Proposal for a directive

Recital 18

Text proposed by the Commission

Amendment

(18)  Workers posted or sent abroad should receive additional information specific to their situation. For successive work assignments in several Member States or third countries, such as in international road transport, that information may be grouped for several assignments before the first departure and subsequently modified in case of change. Where they qualify as posted workers under Directive 96/71/EC of the European Parliament and of the Council,38 they should also be notified of the single national website developed by the host Member State where they will find the relevant information on the working conditions applying to their situation. Unless Member States provide otherwise, these obligations apply if the duration of the work period abroad is more than four consecutive weeks.

(18)  Workers posted or sent abroad should receive additional information specific to their situation. For successive work assignments in several Member States or third countries that information may be grouped for several assignments before the first departure and subsequently modified in case of change. Where they qualify as posted workers under Directive 96/71/EC of the European Parliament and of the Council38 or other sector specific regulations they should also be notified of the single national website developed by the host Member State where they will find the relevant information on the working conditions applying to their situation. Unless the law of the Member State governing the employment relationship provides otherwise, these obligations apply if the duration of the work period abroad is more than four consecutive weeks.

__________________

__________________

38 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1).

38 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1).

Amendment    27

Proposal for a directive

Recital 19

Text proposed by the Commission

Amendment

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

(19)  Probationary periods allow employers to verify that workers are suitable for the position for which they have been engaged while providing them with accompanying support and training. Probationary periods allow workers to verify that the work matches their expectations, skills and abilities. Such periods may be accompanied by reduced protection against dismissal. Any entry into the labour market or transition to a new position should not be subject to prolonged insecurity. As established in the European Pillar of Social Rights, probationary periods should therefore be of reasonable duration. A substantial number of Member States have established a general maximum duration of probation between three and six months, which should be considered reasonable. Probationary periods may, exceptionally, be longer than six months, where this is justified by the nature of the employment such as for managerial positions, where Member States do not link employment protection, including dismissal and redundancy protection, to probationary periods,or in the context of specific measures promoting permanent employment, but should in any event be no longer than nine months. Member States should be able to provide for probationary periods to be extended, subject to the initial agreement by the worker and the employer, where the worker has been continuously absent due to a long illness or extended leave, in order to enable the worker to prove that his or her skills are aligned with the tasks required and to enable the employer to verify the suitability of the worker for those tasks. Under no circumstances should it be possible to extend a probationary period unilaterally.

Amendment    28

Proposal for a directive

Recital 20

Text proposed by the Commission

Amendment

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

(20)  Employers should not prohibit or hinder workers from taking up employment with other employers, or impose penalties on them for doing so, outside the time spent working for them. Member States should ensure that such other employment falls within the limits set out in Directive 2003/88/EC of the European Parliament and of the Council.39 Member States, after consulting the social partners, should be able to lay down conditions for the use of incompatibility restrictions, which are to be understood as restrictions to working for specific categories of employers for objective reasons, such as the health and safety of the worker, the protection of business confidentiality of the employer, the integrity of the public service or the avoidance of conflicts of interests.

__________________

__________________

39 Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9).

39 Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9).

Amendment    29

Proposal for a directive

Recital 21

Text proposed by the Commission

Amendment

(21)  Workers whose work schedule is mostly variable should benefit from a minimum predictability of work where the work schedule is mainly determined by the employer, be it directly – for instance by allocating work assignments – or indirectly – for instance by requiring the worker to respond to clients' requests.

(21)  Workers on on-demand contracts or similar forms of employment relationships, under which the worker’s work schedule is entirely or mostly variable should benefit from a minimum level of stability and predictability at work.

Amendment    30

Proposal for a directive

Recital 23

Text proposed by the Commission

Amendment

(23)  A reasonable minimum advance notice, understood as the period of time between the moment a worker is informed about a new work assignment and the moment the assignment starts, constitutes another necessary element of predictability of work for employment relationships with work schedule which are variable or mostly determined by the employer. The length of the advance notice period may vary according to the needs of sectors, while ensuring adequate protection of workers. It applies without prejudice to Directive 2002/15/EC of the European Parliament and of the Council.40

(23)  A reasonable minimum advance notice, understood as the period of time between the moment a worker is informed about a new work assignment and the moment the assignment starts, constitutes another necessary element of predictability of work for employment relationships with an unpredictable work schedule. The length of the advance notice may vary according to the needs and uses of sectors, while ensuring the adequate protection of workers. It applies without prejudice to Directive 2002/15/EC of the European Parliament and of the Council.40

__________________

__________________

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

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

Amendment    31

Proposal for a directive

Recital 24

Text proposed by the Commission

Amendment

(24)  Workers should have the possibility to refuse a work assignment if it falls outside of the reference hours and days or has not been notified within the minimum advance notice without suffering adverse consequences for this refusal. Workers should also have the possibility to accept the work assignment if they so wish.

(24)  Workers should have the possibility to refuse a work assignment if it falls outside of the reference hours and days or has not been notified within the minimum advance notice period without suffering adverse consequences for this refusal. Workers should also have the possibility to accept the work assignment if they so wish. If, after having accepted the work assignment, the worker is unable to complete the work because of its cancellation by the employer and the worker is not responsible, the worker should retain his or her right to remuneration for the work assignment.

Amendment    32

Proposal for a directive

Recital 24 a (new)

Text proposed by the Commission

Amendment

 

(24a)  Where no legal measures are in place to prevent abuse arising from the use of on-demand contracts and similar forms of employment relationships Member States should, after consulting the social partners in a manner which takes account of the needs of specific sectors and/or categories of workers, introduce measures to ensure more predictability for on-demand contracts or similar forms of employment relationships.

Amendment    33

Proposal for a directive

Recital 24 b (new)

Text proposed by the Commission

Amendment

 

(24b)  Member States should ensure that employers who regularly use variable work schedules and variable reference hours/days provide relevant information to competent authorities if they so request. They should ensure also that after a certain period the employment relationship, for which an average of number of hours can be considered as normal, these hours should come to constitute the minimum guaranteed number of paid hours.

Amendment    34

Proposal for a directive

Recital 25

Text proposed by the Commission

Amendment

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

(25)  Where employers have the possibility to offer full-time or open-ended labour contracts to workers in non-standard forms of employment, a transition to more secure forms of employment should be promoted in accordance with the principles proclaimed in the European Pillar of Social Rights. Workers should be able to request another more predictable and secure form of employment, where available, and receive a duly reasoned written reply from the employer, which takes into account the needs and possibilities of the employer and of the worker.

Amendment    35

Proposal for a directive

Recital 25 a (new)

Text proposed by the Commission

Amendment

 

(25a)  Workers, including those on extended leave, should be informed about any internal promotion and/or vacancy that become available in the undertaking or establishment to encourage the progress in their professional careers.

Amendment    36

Proposal for a directive

Recital 25 b (new)

Text proposed by the Commission

Amendment

 

(25b)  This Directive complements Council Directives 97/81/EC, 1999/70/EC and 2008/104/EC with regard to the transition between one form of employment to another.

Amendment    37

Proposal for a directive

Recital 26

Text proposed by the Commission

Amendment

(26)  Where employers are required by legislation or collective agreements to provide training to workers to carry out the work for which they are employed, it is important to ensure that such training is provided equally, including to those in non-standard forms of employment. The costs of such training should not be charged to the worker nor withheld or deducted from the worker's remuneration.

(26)  Where workers are required by their employers, or by Union or national law, collective agreements or internal rules to undertake training in order to carry out the work for which they are employed, it is important to ensure that such training is provided equally, including to those in non-standard forms of employment. The costs of such training should not be charged to the worker nor withheld or deducted from the worker's remuneration. Training should, save in justified cases where reasons are given, take place during working hours. The worker should continue to be entitled to receive remuneration during his or her training. That obligation does not cover vocational training or training required for workers to obtain, maintain or renew a professional qualification provided that the employer is not required to provide such training by law, collective agreement or internal rules.

Amendment    38

Proposal for a directive

Recital 26 a (new)

Text proposed by the Commission

Amendment

 

(26a)  The social partners are best placed to find solutions that correspond to the needs of both employers and workers and should therefore be given an important role in implementing this Directive.

Amendment    39

Proposal for a directive

Recital 27

Text proposed by the Commission

Amendment

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

(27)  Social partners may consider that in specific sectors or situations different provisions can be adapted, completed or improved if they are more appropriate, for the pursuit of the purpose of this Directive, in accordance with Chapter Three of this Directive. Member States should therefore encourage the social partners to conclude collective agreements applying the provisions of that Chapter or uphold existing agreements, provided that the overall level of protection of workers continues to be respected and that the minimum requirements laid down in this Directive are met.

Amendment    40

Proposal for a directive

Recital 27 a (new)

Text proposed by the Commission

Amendment

 

(27a)  In Member States where there is 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.

Amendment    41

Proposal for a directive

Recital 28

Text proposed by the Commission

Amendment

(28)  The consultation on the European Pillar of Social Rights showed the need to strengthen enforcement of Union labour law to ensure its effectiveness. As regards Directive 91/533/EEC, the REFIT evaluation41 confirmed that strengthened enforcement mechanisms could improve its effectiveness. It showed that redress systems based solely on claims for damages are less effective than systems that also provide for sanctions (such as lump sums or loss of permits) for employers who fail to issue written statements. It also showed that employees rarely seek redress during the employment relationship, which jeopardises the goal of the provision of the written statement to ensure workers are informed about their essential features of their employment relationship. It is therefore necessary to introduce enforcement provisions which ensure the use either of favourable presumptions where information about the employment relationship is not provided, or of an administrative procedure under which the employer may be required to provide the missing information and subject to sanction if it does not. That redress should be subject to a procedure by which the employer is notified that information is missing and has 15 days in which to supply complete and correct information.

(28)  The consultation on the European Pillar of Social Rights showed the need to strengthen enforcement of Union labour law to ensure its effectiveness. The evaluation of Directive 91/533/EEC conducted under the Commission´s Regulatory Fitness and Performance Programme, REFIT41 , confirmed that strengthened enforcement mechanisms could improve the effectiveness of Union labour law. It showed that redress systems based solely on claims for damages are less effective than systems that also provide for sanctions (such as lump sums or loss of permits) for employers who fail to issue written statements. It also showed that employees rarely seek redress during the employment relationship, which jeopardises the goal of the provision of the written statement, which is to ensure that workers are informed about their essential features of their employment relationship. It is therefore necessary to introduce enforcement provisions which ensure the use of favourable presumptions where information about the employment relationship is not provided, and of a procedure under which the employer is required to provide the missing information and may be subject to sanction if the employer does not do so. Such favourable presumptions could include a presumption that the worker has an open-ended employment relationship, that there is no probationary period or that the worker has a full-time position, where the respective information is missing. That redress should be subject to a procedure by which the employer is notified by the worker or by a third party such as worker´s representatives or other competent entity or authority, 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.

Amendment    42

Proposal for a directive

Recital 33 a (new)

Text proposed by the Commission

Amendment

 

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

Amendment    43

Proposal for a directive

Recital 34

Text proposed by the Commission

Amendment

(34)  Member States should provide for effective, proportionate and dissuasive penalties for breaches of the obligations under this Directive.

(34)  Member States should provide for effective, proportionate and dissuasive penalties for breaches of the obligations under this Directive, including, fines. Member States should be able to provide for appropriate and proportionate compensation. Financial penalties should be increased in accordance with the number of infringements by the employer or the extent of the employer’s delay in providing the worker with documents.

Amendment    44

Proposal for a directive

Recital 34 a (new)

Text proposed by the Commission

Amendment

 

(34a)  Member States should ensure that workers have access to social protection regardless of the type of their employment relationship.

Amendment    45

Proposal for a directive

Recital 34 b (new)

Text proposed by the Commission

Amendment

 

(34b)  Member States should ensure that workers in entirely or mostly variable work schedules or with variable reference hours/days have access to safety and health protection.

Amendment    46

Proposal for a directive

Recital 36

Text proposed by the Commission

Amendment

(36)  This Directive lays down minimum requirements, thus leaving untouched Member States' prerogative to introduce and maintain more favourable provisions. Rights acquired under the existing legal framework should continue to apply, unless more favourable provisions are introduced by this Directive. The implementation of this Directive cannot be used to reduce existing rights set out in existing national or Union legislation in this field nor can it constitute valid grounds for reducing the general level of protection afforded to workers in the field covered by this Directive.

(36)  This Directive lays down minimum requirements, thus leaving untouched Member States' prerogative to introduce and maintain more favourable provisions. Rights acquired under the existing legal framework should continue to apply, unless more favourable provisions are introduced by this Directive. The implementation of this Directive cannot be used to reduce existing rights set out in existing national or Union legislation in this field nor can it constitute valid grounds for reducing the general level of protection afforded to workers in the field covered by this Directive. Member States should ensure that steps are taken to prevent the introduction of zero-hour contracts or similar types of employment contract.

Amendment    47

Proposal for a directive

Recital 37

Text proposed by the Commission

Amendment

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

(37)  In implementing this Directive Member States should avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of micro-enterprises and small and medium-sized undertakings whose importance is to be gauged from the Commission Recommendation of 6 May 20031a or any later act replacing that Recommendation. Member States are therefore invited to assess the impact of their transposition act on SMEs in order to make sure that SMEs are not disproportionately affected, with specific attention for micro-enterprises and for administrative burden, and to publish the results of such assessments.

 

__________________

 

1a OJ L 124, 20.05.2003, p. 36.

Amendment    48

Proposal for a directive

Recital 38

Text proposed by the Commission

Amendment

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

(38)  The Member States should involve the social partners in the implementation of this Directive and provide them with all the necessary means for such involvement to be effective.

Amendment    49

Proposal for a directive

Recital 38 a (new)

Text proposed by the Commission

Amendment

 

(38a)  Member States should ensure that national labour inspection bodies enforce this Directive. Union-level coordination and specific training should be provided to such national bodies in order to facilitate such enforcement.

Amendment    50

Proposal for a directive

Article 1 – paragraph 1

Text proposed by the Commission

Amendment

1.  The purpose of this Directive is to improve working conditions by promoting more secure and predictable employment while ensuring labour market adaptability.

1.  The purpose of this Directive is to improve working conditions by promoting more transparent and predictable employment while ensuring labour market adaptability

Amendment    51

Proposal for a directive

Article 1 – paragraph 2

Text proposed by the Commission

Amendment

2.  This Directive lays down minimum rights that apply to every worker in the Union.

2.  This Directive lays down minimum rights that apply to every worker in the Union. Those rights shall apply to a natural person who, for a certain period, performs services for and under the direction of another person in return for remuneration in the case of dependency or subordination between the former and the latter. Persons who do not fulfil such criteria do not fall within the scope of this directiveMember States shall ensure that all the persons to which this Directive applies can make effective use of those minimum rights within the framework of national law or practice, including collective agreements.

Amendment    52

Proposal for a directive

Article 1 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a.  Self-employed persons who do not fulfil the criteria established in this Directive, do not fall within the scope of this Directive.

Amendment    53

Proposal for a directive

Article 1 – paragraph 3

Text proposed by the Commission

Amendment

3.  Member States may decide not to apply the obligations in this Directive to workers who have an employment relationship equal to or less than 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.

deleted

Justification

All workers should have the same rights.

Amendment    54

Proposal for a directive

Article 1 – paragraph 5

Text proposed by the Commission

Amendment

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

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

Amendment    55

Proposal for a directive

Article 1 – paragraph 5 a (new)

Text proposed by the Commission

Amendment

 

5a.  Member States may provide, on objective grounds and after consulting the social partners where appropriate, that certain provisions laid down in Chapter III are applied, as appropriate, to the armed forces, and the police authorities, and other emergency services.

Amendment    56

Proposal for a directive

Article 1 – paragraph 6

Text proposed by the Commission

Amendment

6.  Member States may decide not to 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.

6.  Member States, after consulting the social partners, may decide to adapt the obligations set out in Articles 10 and 11 and Article 14(a) to persons in a household acting as employers where work is performed for that household.

Amendment    57

Proposal for a directive

Article 2

Text proposed by the Commission

Amendment

Article 2

Article 2

Definitions

Definitions

1.  For the purposes of this Directive, the following definitions shall apply:

1.  For the purposes of this Directive, the following definitions shall apply:

(a)  ‘worker’ means a natural person who for a certain period of time performs services for and under the direction of another person in return for remuneration;

 

(b)  ‘employer' means one or more natural or legal person(s) who is or are directly or indirectly party to an employment relationship with a worker;

 

(c)  ‘employment relationship' means the work relationship between workers and employers as defined above;

(a)  ‘employment relationship' means the work relationship between workers and employers;

(d)  ‘work schedule' means the schedule determining hours and days on which performance of work starts and ends;

(b)  ‘work schedule' means the schedule determining hours and days on which performance of work starts and ends;

(e)  ‘reference hours and days' means time slots in specified days during which work can take place at the request of the employer.

(c)  ‘reference hours and days' means time slots in specified days during which work can take place.

2.  For the purposes of this Directive the terms 'microenterprise', 'small enterprise' and 'medium-sized enterprise' shall have the meaning set out in the Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises43 or in any subsequent act replacing that Recommendation.

2.  For the purposes of this Directive the terms 'microenterprise', 'small enterprise' and 'medium-sized enterprise' shall have the meaning set out in the Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises43 or in any subsequent act replacing that Recommendation.

________________________________

__________________________________

43 OJ L 124, 20.5.2003, p. 36.

43 OJ L 124, 20.5.2003, p. 36.

Amendment    58

Proposal for a directive

Article 2 a (new)

Text proposed by the Commission

Amendment

 

Article 2a

 

Provision of information

 

The employer shall provide each worker with information required pursuant to this Directive in writing, on paper or, provided that it is accessible by the worker, the worker acknowledges receipt and it can be stored and printed, in electronic form.

Amendment    59

Proposal for a directive

Article 3 – paragraph 1

Text proposed by the Commission

Amendment

1.  Member States shall ensure that employers are required to inform workers of the essential aspects of the employment relationship.

1.  Member States shall ensure that employers are required to inform workers, regardless of the type of employment contract, of the essential aspects of the employment relationship.

Amendment    60

Proposal for a directive

Article 3 – paragraph 2

Text proposed by the Commission

Amendment

2. The information referred to in paragraph 1 shall include:

2. The information referred to in paragraph 1 shall include at least the following:

Amendment    61

Proposal for a directive

Article 3 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a)  the identities of the parties to the employment relationship;

(a)  the identities of the parties to the employment relationship including at least full names, addresses and, if applicable, legal representatives;

Amendment    62

Proposal for a directive

Article 3 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b)  the place of work; where there is no fixed or main place of work, the principle that the worker is employed at various places or is free to determine his or her place of work, and the registered place of business or, where appropriate, the domicile of the employer;

(b)  the place of work; where there is no fixed or main place of work, the principle that the worker is employed at various places or is free to determine his or her place of work, and the registered place of business or, where appropriate, the domicile of the employer; where the employee works in different places, the measures and arrangements in place to allow the worker to get to the different work places, the procedure, notice;

Amendment    63

Proposal for a directive

Article 3 – paragraph 2 – point e

Text proposed by the Commission

Amendment

(e)  in the case of a temporary employment relationship, the end date or the expected duration thereof;

(e)  in the case of a temporary employment relationship, the end date or the expected duration thereof and, in the case of temporary agency workers, the name of the user undertakings;

Amendment    64

Proposal for a directive

Article 3 – paragraph 2 – point g

Text proposed by the Commission

Amendment

(g)  any training entitlement provided by the employer;

(g)  any training entitlement that the employer is required to provide pursuant to Union or national law and relevant collective agreements, or in accordance with the employer's general training policy;

Amendment    65

Proposal for a directive

Article 3 – paragraph 2 – point h

Text proposed by the Commission

Amendment

(h)  the amount of paid leave to which the worker is entitled or, where this cannot be indicated when the information is given, the procedures for allocating and determining such leave;

(h)  the amount of paid leave to which the worker is entitled or, where this cannot be indicated when the information is given, the procedures for allocating and determining such leave entitlement;

Amendment    66

Proposal for a directive

Article 3 – paragraph 2 – point i

Text proposed by the Commission

Amendment

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

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

Amendment    67

Proposal for a directive

Article 3 – paragraph 2 – point j

Text proposed by the Commission

Amendment

(j)  the initial basic amount, any other component elements, the frequency and method of payment of the remuneration to which the worker is entitled;

(j)  the initial basic amount, any other component elements indicated separately such as bonuses, overtime payments, payments in kind and other entitlements, the frequency and method of payment of the remuneration to which the worker is entitled;

Amendment    68

Proposal for a directive

Article 3 – paragraph 2 – point k

Text proposed by the Commission

Amendment

(k)  if the work schedule is entirely or mostly not variable, the length of the worker's standard working day or week and any arrangements for overtime and its remuneration;

(k)  the length of the worker’s standard working day or week, and, where applicable, the arrangements for working outside the standard working day or week, including arrangements for shift changes and overtime, and reasonable advance notice of, and remuneration for, such work;

Amendment    69

Proposal for a directive

Article 3 – paragraph 2 – point l – introductory part

Text proposed by the Commission

Amendment

(l)  if the work schedule is entirely or mostly variable, the principle that the work schedule is variable, the amount of guaranteed paid hours, the remuneration of work performed in addition to the guaranteed hours and, if the work schedule is entirely or mostly determined, by the employer:

(l)  where the worker’s schedule is entirely or mostly variable, the employer shall inform the worker about:

Amendment    70

Proposal for a directive

Article 3 – paragraph 2 – point l – point i a (new)

Text proposed by the Commission

Amendment

 

(ia)  the principle that the work schedule is variable, the number of guaranteed paid hours and the remuneration for work performed in addition to those guaranteed hours;

Amendment    71

Proposal for a directive

Article 3 – paragraph 2 – point l – point ii

Text proposed by the Commission

Amendment

(ii)  the minimum advance notice the worker shall receive before the start of a work assignment;

(ii)  the minimum period of advance notice the worker shall receive before the start of a work assignment and the deadline for the employer to cancel that work assignment after the worker has accepted it;

Amendment    72

Proposal for a directive

Article 3 – paragraph 2 – point m

Text proposed by the Commission

Amendment

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

(m)  any collective agreements governing the worker’s conditions of work; in the case of collective agreements concluded outside the business by special joint bodies or institutions, the name of the competent body or joint institution within which the agreements were concluded, and the cut off periods if there are any;

Amendment    73

Proposal for a directive

Article 3 – paragraph 2 – point m a (new)

Text proposed by the Commission

Amendment

 

(ma)  the contact details of the workers’and/or trade unions´ representatives;

Amendment    74

Proposal for a directive

Article 3 – paragraph 2 – point n a (new)

Text proposed by the Commission

Amendment

 

(na)  where it is the responsibility of the employer, proof of registration with the social security institution(s) referred to in point (n).

Amendment    75

Proposal for a directive

Article 3 – paragraph 3

Text proposed by the Commission

Amendment

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

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

Amendment    76

Proposal for a directive

Article 3 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

3a.  The Member States must make sure that trainees are given all the information that they need regarding their training and work plan, specifically, information on their working hours and the length of their traineeship, all the remuneration and salary benefits (when applicable), their work rights and duties, the details and duties of their traineeship supervisor and the assessment and progression objectives and methodologies applicable to them.

Amendment    77

Proposal for a directive

Article 3 – paragraph 3 b (new)

Text proposed by the Commission

Amendment

 

3b.  The minimum reasonable advance notice the worker shall receive before the start of a work assignment as set out in paragraph 2 (l) shall, where appropriate, be defined by Member States after consulting the social partners.

Amendment    78

Proposal for a directive

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

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

1.  The information referred to in points (a) to (f) and (i to l) and (na) of Article 3(2), shall be provided individually to the worker in writing, at the latest on the first day of the employment relationship.

Amendment    79

Proposal for a directive

Article 4 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1a.  The other information referred to in Article 3(2) shall be provided to the worker in writing within seven working days of the start of the employment relationship.

Amendment    80

Proposal for a directive

Article 4 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

 

1b.  The deadline established in paragraph 1a shall not go beyond the term of the contract.

Amendment    81

Proposal for a directive

Article 4 – paragraph 2

Text proposed by the Commission

Amendment

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

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

Amendment    82

Proposal for a directive

Article 4 – paragraph 3

Text proposed by the Commission

Amendment

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

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

Amendment    83

Proposal for a directive

Article 5 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

Changes that merely reflect a change in the laws, regulations and administrative or statutory provisions or collective or works council agreements may be notified by means of a reference to their updated status.

Amendment    84

Proposal for a directive

Article 6 – title

Text proposed by the Commission

Amendment

Additional information for workers posted or sent abroad

Additional information for workers sent abroad

Amendment    85

Proposal for a directive

Article 6 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

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

1.  Member States shall ensure that, where a worker is required to work in a Member State or third country other than the Member State in which he or she habitually works, the employer shall provide the document referred to in Article 4(1) before the worker’s departure and the document shall include at least the following additional information:

Amendment    86

Proposal for a directive

Article 6 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a)  the country or countries in which the work abroad is to be performed and its duration;

(a)  the country or countries as well as the place(s) in which the work abroad is to be performed and its anticipated duration;

Amendment    87

Proposal for a directive

Article 6 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c)  where applicable, the benefits in cash or kind attendant on the work assignment(s), which includes in the case of posted workers covered by Directive 96/71/EC any allowances specific to posting and any arrangements for reimbursing expenditure on travel, board and lodging;

(c)  where applicable, the benefits in cash or kind attendant on the work assignment(s), which includes in the case of posted workers covered by Directive 96/71/EC allowances specific to posting and arrangements for reimbursing expenditure on travel, board and lodging;

Amendment    88

Proposal for a directive

Article 6 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d)  where applicable, the conditions governing the worker's repatriation.

(d)  the conditions governing the worker's repatriation.

Amendment    89

Proposal for a directive

Article 6 – paragraph 3

Text proposed by the Commission

Amendment

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

3.  The information referred to in paragraphs 1(b) and 2(a) may, where appropriate, be given in the form of a reference to specific provisions of laws, regulations and administrative or statutory acts or collective agreements governing those particular points, provided that such collective agreements are easily accessible to the worker.

Amendment    90

Proposal for a directive

Article 6 – paragraph 4

Text proposed by the Commission

Amendment

4.  Unless Member States provide otherwise, paragraphs 1 and 2 shall not apply if the duration of each work period outside the Member State in which the worker habitually works is four consecutive weeks or less.

4.  Unless the law of Member States which governs the employment contract provides otherwise, paragraphs 1 and 2 shall not apply if the duration of each work period outside the Member State in which the worker habitually works is four consecutive weeks or less.

Amendment    91

Proposal for a directive

Article 7 – paragraph 1

Text proposed by the Commission

Amendment

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

1.  Member States shall ensure that, where an employment relationship is subject to a probationary period, that period shall not exceed six months. In the case of fixed-term contracts of less than 12 months, the probationary period shall not exceed 25% of the expected duration of the contract. In the case of the renewal of a contract, the employment relationship shall not be subject to a new probationary period. Time worked with the same enterprise, group or entity shall count towards the probationary period.

Amendment    92

Proposal for a directive

Article 7 – paragraph 2

Text proposed by the Commission

Amendment

2.  Member States may provide for longer probationary periods in cases where this is justified by the nature of the employment or is in the interest of the worker.

2.  Member States may, on an exceptional basis, and after consulting the social partners provide for longer probationary periods not exceeding nine months in cases where this is justified by the nature of the employment, such as for managerial positions, or where the probationary period is not linked to employment protection.

 

Any probationary period shall not hamper the accrual of workers’ rights in accordance with national law.

 

During a probationary period, workers shall enjoy the rights established in this Directive.

Amendment    93

Proposal for a directive

Article 7 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a.  Member States may provide for probationary periods to be extended, subject to the initial agreement between the worker and the employer, where the worker has been continuously absent from work due to a long illness or extended leave,in order for both the employer and the worker to verify if the work matches their respective expectations and requirements. Under no circumstances shall it be possible to extend a probationary period unilaterally.

Amendment    94

Proposal for a directive

Article 8 – paragraph 1

Text proposed by the Commission

Amendment

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

1.  Member States shall ensure that an employer shall not prohibit, sanction or hinder workers from taking up employment with other employers or impose penalties on them for doing so.

Amendment    95

Proposal for a directive

Article 8 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1a.  Member States shall ensure that workers who have more than one employment relationship are subject to the overall minimum safety and health requirements for the organisation of working time as provided for in Directive 2003/88/EC of the European Parliament and of the Council1a.

 

________________________________

 

1a Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9).

Amendment    96

Proposal for a directive

Article 8 – paragraph 2

Text proposed by the Commission

Amendment

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

2.  Member States may, after consulting the social partners, lay down conditions for the use of incompatibility restrictions by employers, namely restrictions on working for specific categories of employers on the basis of well-founded and objective reasons, such as health and safety, the protection of business confidentiality, the integrity of the public service or the avoidance of conflicts of interests.

Amendment    97

Proposal for a directive

Article 9 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

Member States shall ensure that where a worker's work schedule is entirely or mostly variable and entirely or mostly determined by the employer, the worker may be required to work by the employer only:

Member States shall ensure that where a worker’s work schedule is entirely or mostly variable the worker shall not be required to work by the employer unless both of the following conditions are fulfilled:

Amendment    98

Proposal for a directive

Article 9 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a)  if work takes place within predetermined reference hours and reference days, established in writing at the start of the employment relationship, in accordance with Article 3(2)(l)(i), and

(a)  if work takes place within predetermined reference hours and reference days, established in writing at the start of the employment relationship, in accordance with Article 3(2)(l)(i), and

Amendment    99

Proposal for a directive

Article 9 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b)  if the worker is informed by their employer of a work assignment a reasonable period in advance, in accordance with Article 3(2)(l)(ii).

(b)  if the employer informs the worker of a work assignment within a reasonable period in advance, in accordance with Article 3(2)(l)(ii). Member States after consulting the social partners shall define that period.

Amendment    100

Proposal for a directive

Article 9 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1a. Where one or both of the requirements laid down in paragraph 1 is not fulfilled, a worker shall have the right to refuse a work assignment without adverse consequences.

Amendment    101

Proposal for a directive

Article 9 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

 

1b. If an employer cancels a work assignment after deadline provided for in Article 3(2)(l)(ii), the worker shall be entitled to remuneration for the hours of work with regard to which the notice applied.

Member States may determine the deadline referred to in the first subparagraph after consulting the social partners.

The remuneration referred to in the first subparagraph shall not be made conditional upon a future work assignment.

Amendment    102

Proposal for a directive

Article 9 a (new)

Text proposed by the Commission

Amendment

 

Article 9a

 

Complementary measures to ensure more predictability for on-demand contracts.

 

1.  Member States may prohibit any employment relationship that does not provide for a predetermined minimum amount of guaranteed paid hours prior to the start of the employment relationship.

 

2.  Where no legal measures are in place to prevent abuse arising from the use of on-demand contracts, in particular where an employment relationship does not provide for a predetermined minimum amount of guaranteed paid hours, Member States shall, after consulting the social partners in a manner which takes account of the needs of specific sectors and/or categories of workers, introduce the following measures:

 

(i)  a requirement that employers provide objective reasons to the competent authorities for the use of such contracts, accompanied by an effective overall time limit of less than six months for the use of such a contract in relation to the workers concerned;

 

(ii)  from six months after the start of the employment relationship, a rebuttable presumption of the existence of an employment contract providing, for the following six months, for at least 75 % of the hours worked during the previous six months, regardless of the distribution per month;

Amendment    103

Proposal for a directive

Article 10 – paragraph 1

Text proposed by the Commission

Amendment

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

1.  Member States shall ensure that workers with at least six months' continuous service with the same employer or following the completion of any mandatory training and probationary period, receive a reasoned written reply if they make a request to be transferred to a more predictable form of employment where available. Time worked with all employers forming or belonging to the same enterprise, group or entity shall count towards the six-month continuous service. Member States may limit the frequency of such replies.

Amendment    104

Proposal for a directive

Article 10 – paragraph 2

Text proposed by the Commission

Amendment

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

2.  The employer shall give the request due consideration and provide a duly reasoned written reply within one month of the request. With respect to natural persons acting as employers and microenterprises, Member States may provide 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.

Amendment    105

Proposal for a directive

Article 10 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a.  This Article is without prejudice to Directives 97/81/EC, 99/70/EC and 2008/104/EC.

Amendment    106

Proposal for a directive

Article 10 a (new)

Text proposed by the Commission

Amendment

 

Article 10a

 

Information about internal vacancies

 

Member States shall ensure that all workers, including those on extended leave, are informed about any internal promotion process or vacancies that become available in the undertaking or establishment to encourage progress in their professional careers. Such information may be provided by way of a general announcement made by email, online or at a suitable place in the undertaking or employer´s premises.

Amendment    107

Proposal for a directive

Article 11 – title

Text proposed by the Commission

Amendment

Training

Mandatory training

Amendment    108

Proposal for a directive

Article 11 – paragraph 1

Text proposed by the Commission

Amendment

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

Member States shall ensure that where workers are required, during the employment relationship, including prior to the start of the effective work, by their employers or by Union or national law, relevant collective agreements or internal rules, to undertake mandatory training in order to carry out the work for which they are employed or which the employer requires for the job in question, such training shall be provided to the worker cost-free.

Amendment    109

Proposal for a directive

Article 11 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

Save in justified cases, where reasons are provided, the training shall be conducted within working hours. It shall be counted as working time. The worker shall remain entitled to his or her remuneration, as if he or she had been working.

Amendment    110

Proposal for a directive

Article 12 – paragraph 1

Text proposed by the Commission

Amendment

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

Member States shall encourage the social partners to increase or maintain a high level of functioning of the social dialogue to reinforce their role and to negotiate, conclude and enforce collective agreements at the appropriate level, or maintain them, in accordance with national law and practice.

Amendment    111

Proposal for a directive

Article 12 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

Member States may allow the most representative social partners at national or sectorial level to negotiate, conclude and enforce collective agreements at the appropriate level, to establish arrangements concerning the working conditions of workers, which adapt, complement or improve the provisions laid down in Chapter III, provided that they are in accordance with the minimum requirements laid down in this Directive or to uphold existing collective agreements if they respect the overall level of protection of workers.

Amendment    112

Proposal for a directive

Article 12 a (new)

Text proposed by the Commission

Amendment

 

Article 12a

 

Equal payment

 

The Member States shall ensure the principle of equal pay and terms and conditions to apply to all workers regardless of their employment status. The Member States shall ensure the abolition of discrimination with regard to all aspects and conditions of remuneration and terms and conditions of employment; the employment status is not being of relevance.

Amendment    113

Proposal for a directive

Article 14 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

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

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

Amendment    114

Proposal for a directive

Article 14 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a)  the worker shall benefit from favourable presumptions defined by the Member State. Where the information provided did not include the information referred to in points (e), (f), (k) or (l) of Article 3(2), the favourable presumptions shall include a presumption that the worker has an open-ended employment relationship, that there is no probationary period or that the worker has a full-time position, respectively. Employers shall have the possibility to rebut the presumptions; or

(a)  the worker shall benefit from favourable presumptions defined by the Member State. Where the information provided did not include the information referred to in points (e), (f), (k) or (l) of Article 3(2), the favourable presumptions shall include a presumption that the worker has an open-ended employment relationship, that there is no probationary period or that the worker has a full-time position, respectively. Employers shall have the possibility to rebut the presumptions; and

Amendment    115

Proposal for a directive

Article 14 – paragraph 1 – point b

Text proposed by the Commission

Amendment

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

(b)  the worker shall have the possibility to submit a complaint to a competent authority in a timely manner and to receive an adequate reply within a reasonable time frame. If the competent authority finds that the complaint is justified, it shall order the relevant employer(s) to provide the missing information. If the employer does not provide the missing information within the term imposed by the competent authority following receipt of the order, the authority shall be able to impose an appropriate administrative penalty, even if the employment relationship has ended. Employers shall have the possibility to lodge an administrative appeal against the decision imposing the penalty. Member States may designate existing bodies as competent authorities.

Amendment    116

Proposal for a directive

Article 14 a (new)

Text proposed by the Commission

Amendment

 

Article 14a

 

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.

Amendment    117

Proposal for a directive

Article 16 – paragraph 1

Text proposed by the Commission

Amendment

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

Member States shall introduce measures necessary to protect all workers regardless of the type and duration of the employment relationship including workers who are workers’ and trade unions´ representatives, from any adverse treatment by the employer or adverse consequences resulting from exercising a right provided in this Directive.

Amendment    118

Proposal for a directive

Article 17 – paragraph 1

Text proposed by the Commission

Amendment

1.  Member States shall take the necessary measures to prohibit the dismissal or its equivalent and all preparations for dismissal of workers, on the grounds that they exercised the rights provided for in this Directive.

1.  Member States shall take the necessary measures to prohibit the dismissal or its equivalent on the grounds that they exercised the rights provided for in this Directive. Those measures shall include a right to reinstatement.

Amendment    119

Proposal for a directive

Article 17 – paragraph 2

Text proposed by the Commission

Amendment

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

2.  Workers who, where applicable, upon completion of any probationary period consider that they have been dismissed or have been subject to measures with equivalent effect, on the grounds that they have exercised the rights provided for in this Directive may request the employer to provide duly substantiated grounds for the dismissal or its equivalent. The employer shall provide those grounds in writing. Member States shall ensure that the time-limit for bringing an action contesting the dismissal shall be suspended until the worker has not received a written justification from the employer.

Amendment    120

Proposal for a directive

Article 17 – paragraph 6 a (new)

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 of the European Parliament and of the Council.1a

 

__________________

 

1a Directive 2009/22/EC of the European Parliament and of the Council of 23 April 2009 on injunctions for the protection of consumers' interests (Codified version) (OJ L 110 1.5.2009, p. 30).

Amendment    121

Proposal for a directive

Article 17 – paragraph 6 b (new)

Text proposed by the Commission

Amendment

 

6b.  If the employer fails to provide substantiated grounds for the dismissal or its equivalent in accordance with paragraph 2, it shall be presumed that the worker was dismissed on the grounds of exercising the rights of this Directive. Legal consequences of any preparations to or any dismissal due to the exercise of the rights provided for in this Directive are invalid.

Amendment    122

Proposal for a directive

Article 17 a (new)

Text proposed by the Commission

Amendment

 

Article 17a

 

Burden of proof of the existence of an employment relationship

 

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

Amendment    123

Proposal for a directive

Article 18 – paragraph 1

Text proposed by the Commission

Amendment

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

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

Amendment    124

Proposal for a directive

Article 18 a (new)

Text proposed by the Commission

Amendment

 

Article 18a

 

Equal treatment

 

The Member States shall ensure:

 

(a)  that the principle of equal pay and terms and conditions apply to all workers, regardless of their employment status, with respect to comparable permanent workers;

 

(b)  where there is no comparable permanent worker in the same establishment, that the comparison shall be made by reference to the applicable collective agreement, or where there is no applicable collective agreement, in accordance with national law, collective agreements or practice;

 

(c)  the elimination of discrimination with regard to all aspects and conditions of remuneration and terms and conditions of employment, regardless of the employment status.

Amendment    125

Proposal for a directive

Article 18 b (new)

Text proposed by the Commission

Amendment

 

Article 18b

 

Access to social protection

 

Member States shall ensure that workers have access to social protection by extending formal coverage on a mandatory basis to all workers, regardless of the type of their employment relationship.

Amendment    126

Proposal for a directive

Article 18 c (new)

Text proposed by the Commission

Amendment

 

Article 18c

 

Health and safety at work

 

Member States shall take the necessary measures to ensure that workers in variable work schedules and variable reference hours/days have access to safety and health protection, prevention services and facilities with regard to the health and safety at work appropriate to the nature of their work.

Amendment    127

Proposal for a directive

Article 19 – title

Text proposed by the Commission

Amendment

More favourable provisions

Non-regression and more favourable provisions

Amendment    128

Proposal for a directive

Article 19 – paragraph 1

Text proposed by the Commission

Amendment

1.  This Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within Member States.

1.  This Directive and the measures adopted in order to implement it shall not constitute valid grounds, nor shall they be used or quoted in any way to reduce, undermine or prejudice in any Member State the rights conferred to and the level of protection already afforded to workers within that Member State by national law, collective agreements or practice.

Amendment    129

Proposal for a directive

Article 20 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1a.  Member States shall involve the social partners in the implementation of this Directive, in line with national law and practice and shall ensure that they have the necessary means for such involvement to be effective.

Amendment    130

Proposal for a directive

Article 20 a (new)

Text proposed by the Commission

Amendment

 

Article 20a

 

Inspections and monitoring

 

Member States shall ensure that effective and adequate inspections are carried out to monitor and enforce the implementation of this Directive by national bodies or by social partners. Member States shall ensure that those bodies and the social partners have the means and the adequate and specific training to accomplish such inspections.

 

The Commission shall promote exchanges of relevant officials and training, as well as facilitating and promoting best practice initiatives, including those of social partners at Union level.

Amendment    131

Proposal for a directive

Article 20 b(new)

Text proposed by the Commission

Amendment

 

Article 20b

 

Facilitation of complaints

 

Member States shall provide for effective mechanisms by means of which workers are able to lodge complaints in the case of infringements of their rights arising from this Directive, either directly with the employer or through third parties designated by Member States, such as trade unions, other associations or a competent authority of the Member State when provided for by national law.

Amendment    132

Proposal for a directive

Article 21 – paragraph 1

Text proposed by the Commission

Amendment

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

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

Amendment    133

Proposal for a directive

Article 22 – paragraph 1

Text proposed by the Commission

Amendment

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

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

(1)

OJ C ... / Not yet published in the Official Journal.

(2)


EXPLANATORY STATEMENT

The aim of the Commission proposal is to replace the 1991 Written Statement Directive (91/553/EEC) with a new instrument to provide transparency about working conditions for all workers and to lay down a new, specific set of rights that will make it possible to improve the predictability and security of working conditions, particularly for people in non-traditional jobs. The proposal builds on the findings of the REFIT(1) evaluation of the Written Statement Directive, which highlighted shortcomings in the directive’s scope and effectiveness.

In accordance with Article 154 of the Treaty on the Functioning of the European Union (TFEU), in April and September 2017 the Commission launched two rounds of consultation with management and labour (the social partners) in Europe. The discussions held between the social partners did not make it possible to trigger a dialogue process with the aim of establishing contractual relations – including agreements – on the matter, as laid down in Article 155 TFEU.

Mindful of how important it is for the Union to deliver on its undertakings to improve the working conditions of EU citizens, the Commission adopted the proposal at hand on 21 December 2017(2). It is vital for Parliament and the Council, as co-legislators, to rise to the challenge and undertake to reach an agreement on these key issues before the end of the parliamentary term in 2019. This needs to be done if we are to meet our citizens’ expectations and boost their prosperity.

The goals of the directive under consideration are threefold. First, it seeks to give more practical form to the rights set out in the Interinstitutional Proclamation on the European Pillar of Social Rights issued in Göteborg on 17 November 2017(3). In particular, it aims to help implement a number of the principles laid down in the Pillar, in particular principles 5 (secure and adaptable employment) and 7 (information about employment conditions and protection in case of dismissals).

The directive establishes a number of minimum universal rights for EU citizens and workers in response to pressing public demand and a desire to bring citizens closer to the EU by making them feel that Europe counts a great deal – i.e. That Europe counts for them, and counts on them. For example, the directive sets a six-month limit on probation periods, except where a longer period is justified. It also establishes the right to work for other employers by prohibiting ‘exclusivity’ and ‘incompatibility’ clauses, and the right to greater predictability of working hours for people with variable work schedules.

Limitations will of course need to be set on these minimum universal rights, leaving it up to Member States to improve them, if they wish to do so. It also needs to be made clear that the practical implementation of those rights can be carried out only at the level of the individual Member States.

This is not only a matter of applying the subsidiarity principle, however; it is also about taking a practical approach based on decentralisation, because each labour market in Europe is the product of centuries of cultural developments, of different methods of manufacturing, of varying financial circumstances, and even of the prevailing climate.

A one-size-fits-all approach would be absurd in this case. The directive will be implemented by means of transposition legislation adopted in each Member State.

It is also worth pointing out that the role of social dialogue and collective agreements is part of the DNA of social Europe, and social dialogue in all its forms therefore needs to be given a greater role in order to develop, supplement, improve, implement and enhance these minimum rights at national level.

Second, the directive will thereby play a major role in helping establish a social framework of legislation within which free market principles and full mobility for citizens – often referred to as the ‘level playing field’ – can be built upon. Freedom of movement for workers and citizens is an essential right for Europeans and an indispensable tool when it comes to curbing unemployment and bringing about economic and social convergence.

But Europe – whether or not it remains a social Europe – is keen for that mobility and those free market principles to be established whilst basic workers’ rights, i.e. the same minimum standards for everyone, are upheld. We cannot raise standards across the board by preventing mobility and competition on cost, but we cannot allow competition to undermine the social and labour rights that are so vital for workers. The sometimes very detailed rules that apply in Europe were brought in to make the single market work properly, and to build on the four fundamental freedoms of movement.

Now is the time to build on the minimum rules on employment relationships and workers’ rights, and the directive at hand does this by updating and clarifying those rules after 27 years of the Written Declaration Directive. The single market will never be complete, or fully integrated, without the full establishment and implementation of freedom of movement for workers, or without common minimum rules on working conditions.

Lastly, the proposal has clearly also been brought forward to cover new forms of employment, both those with which we are already familiar, and those that will emerge as new technologies continue to develop at breakneck speed. In this regard, the proposal responds to recent resolutions in which Parliament has called on the Commission to review the directive to take account of new forms of employment, and to ensure that all workers enjoy a common core set of rights, regardless of the type of contract or employment relationship concerned(4).

Europe is clearly keen to rule out any exploitation of, or lack of protection for, workers in new, more flexible, imaginative or adaptable forms of employment, as that would be inconsistent with the European social model. Without losing their flexibility (which is often an advantage for workers) or adaptability, these new forms of employment must not infringe minimum information and transparency rights for job seekers. The proposal suggests that all workers in the EU should be given up-to-date, detailed information on their employment relationships.

Furthermore, it is important to applaud the Commission’s efforts to clarify the personal scope of the directive by including a definition of the term ‘worker’ that will categorise the type of worker on the basis of the settled case-law of the Court of Justice of the European Union. The scope is also extended so as to restrict Member States’ leeway to exclude workers in casual or short-term employment.

(1)

1 REFIT Evaluation of the ‘Written Statement Directive’ (Directive 91/533/EEC), SWD(2017) 205.

(2)

2 Proposal for a directive of the European Parliament and of the Council on transparent and predictable working conditions in the European Union’, COM(2017)07972017/0355(COD).

(3)

Interinstitutional Proclamation on the European Pillar of Social Rights, OJ C 428, 13.12.2017, p. 10.

(4)

European Parliament resolution of 19 January 2017 on a European Pillar of Social Rights. European Parliament resolution of 4 July 2017 on working conditions and precarious employment.


OPINION of the Committee on Legal Affairs (27.9.2018)

for the Committee on Employment and Social Affairs

on the proposal for a directive of the European Parliament and of the Council on transparent and predictable working conditions in the European Union

(COM(2017)0797 – C8‑0006/2018 – 2017/0355(COD))

Rapporteur for opinion: Kostas Chrysogonos

AMENDMENTS

The Committee on Legal Affairs calls on the Committee on Employment and Social Affairs, as the committee responsible, to take into account the following amendments:

Amendment    1

Proposal for a directive

Recital 1

Text proposed by the Commission

Amendment

(1)  The Charter of Fundamental Rights of the European Union provides in its Article 31 that every worker has the right to working conditions which respect his or her health, safety and dignity, and to limitation of maximum working hours, to daily and weekly rest periods and to an annual period of paid leave.

(1)  The Charter of Fundamental Rights of the European Union provides in its Article 31 that every worker has the right to working conditions which respect his or her health, safety and dignity, and to limitation of maximum working hours, to daily and weekly rest periods and to an annual period of paid leave. The objectives of this Directive should be fully in line with the Charter of Fundamental Rights of the European Union and the European Charter of Social Rights;

Amendment    2

Proposal for a directive

Recital 2

Text proposed by the Commission

Amendment

(2)  Principle 7 of the European Pillar of Social Rights, proclaimed at Gothenburg on 17 November 2017, provides that workers have the right to be informed in writing at the start of employment about their rights and obligations resulting from the employment relationship, including any probationary period, and that they have the right to access to effective and impartial dispute resolution and, in case of unjustified dismissal, a right to redress, including adequate compensation. Principle 5 provides that regardless of the type and duration of the employment relationship, workers have the right to fair and equal treatment regarding working conditions, access to social protection and training, that employment relationships that lead to precarious working conditions is to be prevented, including by prohibiting abuse of atypical contracts, that any probationary period should be of reasonable duration and that the transition towards open-ended forms of employment is to be fostered.

(2)  Principle 7 of the European Pillar of Social Rights, proclaimed at Gothenburg on 17 November 2017, provides that workers have the right to be informed in writing at the start of employment about their rights and obligations resulting from the employment relationship, including any probationary period, and that they are entitled to be informed of the reasons for their dismissal and given a reasonable period of notice and that they have the right to access to effective and impartial dispute resolution and, in case of unjustified dismissal, a right to redress, including adequate compensation. Principle 5 provides that regardless of the type and duration of the employment relationship, workers have the right to fair and equal treatment regarding working conditions, access to social protection and training, that employment relationships that lead to precarious working conditions is to be prevented, including by prohibiting abuse of atypical contracts, that any probationary period should be of reasonable duration and that the transition towards open-ended forms of employment is to be fostered, while giving employers the necessary flexibility to adapt swiftly to any economic shifts.

Amendment    3

Proposal for a directive

Recital 3

Text proposed by the Commission

Amendment

(3)  Since the adoption of Council Directive 91/533/EEC,33 labour markets have undergone far-reaching changes due to demographic developments and digitalisation leading to the creation of new forms of employment, which have supported job creation and labour market growth. New forms of employment are often not as regular or stable as traditional employment relationships and lead to reduced predictability for the workers concerned, creating uncertainty as to applicable rights and social protection. In this evolving world of work, there is therefore an increased need for workers to be fully informed about their essential working conditions, which should occur in a written form and in a timely manner. In order adequately to frame the development of new forms of employment, workers in the Union should also be provided with a number of new minimum rights aimed at promoting security and predictability in employment relationships while achieving upward convergence across Member States and preserving labour market adaptability.

(3)  Since the adoption of Council Directive 91/533/EEC,33 labour markets have undergone far-reaching changes due to demographic developments and digitalisation leading to the creation of new forms of employment, but also due to measures that take a one-sided supply-side labour market approach aimed at liberalisation and deregulation of labour markets,which have supported the emergence of new business models. New forms of employment are often not as regular or stable as traditional employment relationships and lead to reduced predictability for the workers concerned, creating uncertainty as to applicable rights and social protection and encouraging unclear or unfair practices, thereby destabilising the labour market. In this evolving world of work, there is therefore an increased need for workers regardless of their particular field to be fully informed about their essential working conditions, which should occur in a written form and as rapidly as possible. In order adequately to frame the development of 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.

__________________

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33 Council Directive 91/533/EC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ L 288, 18.10.1991, p. 32).

33 Council Directive 91/533/EC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ L 288, 18.10.1991, p. 32).

Amendment    4

Proposal for a directive

Recital 4

Text proposed by the Commission

Amendment

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

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

Amendment    5

Proposal for a directive

Recital 5

Text proposed by the Commission

Amendment

(5)  Minimum requirements relating to information on the essential aspects of the employment relationship and relating to working conditions that apply to every worker should therefore be established at Union level in order to guarantee all workers in the Union an adequate degree of transparency and predictability as regards their working conditions.

(5)  Minimum standards relating to information on the essential aspects of the employment relationship and relating to working conditions that apply to every worker, whatever their employment contract or employment relationship, should therefore be established at Union level in order to guarantee all workers in the Union the same degree of transparency, security and predictability as regards their working conditions.

Amendment    6

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.

Amendment    7

Proposal for a directive

Recital 7

Text proposed by the Commission

Amendment

(7)  In order to ensure effectiveness of the rights provided by the Union law, the personal scope of Directive 91/533/EEC should be updated. In its case law, the Court of Justice of the European Union has established criteria for determining the status of a worker34 which are appropriate for determining the personal scope of application of this Directive. The definition of worker in Article 2(1) is based on these criteria. They ensure a uniform implementation of the personal scope of the Directive while leaving it to national authorities and courts to apply it to specific situations. Provided that they fulfil those criteria, domestic workers, on-demand workers, intermittent workers, voucher based-workers, platform workers, trainees and apprentices could come within scope of this Directive.

(7)  In order to ensure effectiveness of the rights provided by the Union law and the indiscriminate implementation thereof, the personal scope of Directive 91/533/EEC should be updated. In its case law, the Court of Justice of the European Union has established criteria for determining the status of a worker34 which are appropriate for determining the personal scope of application of this Directive. The definition of worker in Article 2(1) needs to be based on the criteria developed by both ECJ and ILO. They ensure a uniform implementation of the personal scope of the Directive while leaving it to national authorities and courts to apply it to specific situations. Provided that they fulfil those criteria, domestic workers, on-demand workers, intermittent workers, voucher based-workers, platform workers, trainees and apprentices and researchers must come within scope of this Directive.

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34 Judgments of 3 July 1986, Deborah Lawrie-Blum, Case 66/85; 14 October 2010, Union Syndicale Solidaires Isère, Case C-428/09; 9 July 2015, Balkaya, Case C-229/14; 4 December 2014, FNV Kunsten, Case C-413/13; and 17 November 2016, Ruhrlandklinik, Case C-216/15.

34 Judgments of 3 July 1986, Deborah Lawrie-Blum, Case 66/85; 14 October 2010, Union Syndicale Solidaires Isère, Case C-428/09; 9 July 2015, Balkaya, Case C-229/14; 4 December 2014, FNV Kunsten, Case C-413/13; and 17 November 2016, Ruhrlandklinik, Case C-216/15.

Amendment    8

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.

Amendment    9

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 parties’ description of the relationship.

Amendment    10

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.

Amendment    11

Proposal for a directive

Recital 8

Text proposed by the Commission

Amendment

(8)  In view of the increasing number of workers excluded from the scope of Directive 91/533/EEC on the basis of derogations made by Member States under Article 1 of that Directive, it is necessary to replace these derogations with a possibility for Member States not to apply the provisions of the Directive to a work relationship equal to or less than 8 hours in total in a reference period of one month. That derogation does not affect the definition of a worker as provided for in Article 2(1).

deleted

Amendment    12

Proposal for a directive

Recital 9

Text proposed by the Commission

Amendment

(9)  Due to the unpredictability of on-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.

deleted

Amendment    13

Proposal for a directive

Recital 10

Text proposed by the Commission

Amendment

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

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

Amendment    14

Proposal for a directive

Recital 11

Text proposed by the Commission

Amendment

(11)  Directive 91/533/EEC introduced a minimum list of essential aspects on which workers have to be informed in writing. It is necessary to adapt that list in order to take account of developments on the labour market, in particular the growth of non-standard forms of employment.

(11)  Directive 91/533/EEC introduced a minimum list of essential aspects on which workers have to be informed in writing. It is necessary to adapt that minimum list in order to take account of developments on the labour market, in particular the growth of non-standard forms of employment. Member States shall have the right to extend that minimum list in line with national requirements.

Amendment    15

Proposal for a directive

Recital 12

Text proposed by the Commission

Amendment

(12)  Information on working time should be consistent with the provisions of Directive 2003/88/EC of the European Parliament and of the Council35, and include information on breaks, daily rest, weekly rest and the amount of paid leave.

(12)  Information on working time should be consistent with the provisions of Directive 2003/88/EC of the European Parliament and of the Council35, and include information on breaks, daily rest, 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 Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9).

35 Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9).

Amendment    16

Proposal for a directive

Recital 13

Text proposed by the Commission

Amendment

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

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

Amendment    17

Proposal for a directive

Recital 14

Text proposed by the Commission

Amendment

(14)  If it is not possible to indicate a fixed work schedule due to the nature of the employment, workers should know how their work schedule will be established, including the time slots in which they may be called to work and the minimum advance notice they should receive.

(14)  If it is not possible to indicate a fixed work schedule due to the nature of the employment, workers should be informed how their work schedule will be established, including the time slots in which they may be called to work and the minimum advance notice they should receive.

Amendment    18

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.

Amendment    19

Proposal for a directive

Recital 15

Text proposed by the Commission

Amendment

(15)  Information on social security systems should include, where relevant, sickness, maternity and equivalent, parental, paternity, old-age, invalidity, survivors', unemployment, pre-retirement or family benefits. Information on social security protection provided by the employer should include, where relevant, coverage by supplementary pension schemes within the meaning of Council Directive 98/49/EC36 and Directive 2014/50/EU of the European Parliament and of the Council.37

(15)  Information on social security systems should include, where relevant, at least sickness, maternity and equivalent, parental, paternity, old-age, invalidity, survivors', unemployment, pre-retirement or family benefits and all other risks covered by Regulation (EC) 883/2004. Information on social security protection provided by the employer should include coverage by supplementary pension schemes within the meaning of Council Directive 98/49/EC36 and Directive 2014/50/EU of the European Parliament and of the Council.37

__________________

__________________

36 Council Directive 98/49/EC of 29 June 1998 on safeguarding the supplementary pension rights of employed and self-employed persons moving within the Community (OJ L 209, 25.7.1998, p. 46).

36 Council Directive 98/49/EC of 29 June 1998 on safeguarding the supplementary pension rights of employed and self-employed persons moving within the Community (OJ L 209, 25.7.1998, p. 46).

37 Directive 2014/50/EU of the European Parliament and of the Council of 16 April 2014 on minimum requirements for enhancing worker mobility between Member States by improving the acquisition and preservation of supplementary pension rights (OJ L 128, 30.4.2014, p. 1).

37 Directive 2014/50/EU of the European Parliament and of the Council of 16 April 2014 on minimum requirements for enhancing worker mobility between Member States by improving the acquisition and preservation of supplementary pension rights (OJ L 128, 30.4.2014, p. 1).

Amendment    20

Proposal for a directive

Recital 16

Text proposed by the Commission

Amendment

(16)  Workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writing at the start of employment. The relevant information should therefore reach them at the latest on the first day of the employment.

(16)  Workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writing from the start of employment. The relevant information should therefore reach them at the latest, where applicable, when the employment contract is signed and before the first day of the employment.

Amendment    21

Proposal for a directive

Recital 17

Text proposed by the Commission

Amendment

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

(17)  In order to help employers to provide timely information, Member States should ensure the availability of templates at national level including relevant and sufficiently comprehensive information on the legal framework applicable. The European Commission should assist Member States in producing these templates in order to avoid any discrepancies in content between the various Member States. The content of these templates may be determined at sectoral or local level, by national authorities and social partners, provided that no disproportionate or excessive additional administrative burdens are created.

Amendment    22

Proposal for a directive

Recital 18

Text proposed by the Commission

Amendment

(18)  Workers posted or sent abroad should receive additional information specific to their situation. For successive work assignments in several Member States or third countries, such as in international road transport, that information may be grouped for several assignments before the first departure and subsequently modified in case of change. Where they qualify as posted workers under Directive 96/71/EC of the European Parliament and of the Council,38 they should also be notified of the single national website developed by the host Member State where they will find the relevant information on the working conditions applying to their situation. Unless Member States provide otherwise, these obligations apply if the duration of the work period abroad is more than four consecutive weeks.

(18)  Workers posted or sent abroad should receive additional information specific to their situation. For successive work assignments in several Member States or third countries, such as in international road transport, that information may be grouped for several assignments before the first departure and subsequently modified before the commencement of the relevant assignment or in case of change. Where they qualify as posted workers under Directive 96/71/EC of the European Parliament and of the Council, they should also be notified of the single national website developed by the host Member State where they will find the relevant information on the working conditions applying to their situation. 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 Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1).

38 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1).

Amendment    23

Proposal for a directive

Recital 19

Text proposed by the Commission

Amendment

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

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

Amendment    24

Proposal for a directive

Recital 20

Text proposed by the Commission

Amendment

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

(20)  Employers should not prohibit workers from taking up employment with other employers, outside the time spent working for them, within the limits set out in Directive 2003/88/EC of the European Parliament and of the Council.39.

__________________

__________________

39 Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9).

39 Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9).

Amendment    25

Proposal for a directive

Recital 22

Text proposed by the Commission

Amendment

(22)  Reference hours and days, understood as time slots where work can take place at the request of the employer, should be established in writing at the start of the employment relationship.

(22)  Reference hours and days, understood as time slots where work can take place at the request of the employer, should be established in writing before the start of the employment relationship.

Amendment    26

Proposal for a directive

Recital 23

Text proposed by the Commission

Amendment

(23)  A reasonable minimum advance notice, understood as the period of time between the moment a worker is informed about a new work assignment and the moment the assignment starts, constitutes another necessary element of predictability of work for employment relationships with work schedule which are variable or mostly determined by the employer. The length of the advance notice period may vary according to the needs of sectors, while ensuring adequate protection of workers. It applies without prejudice to Directive 2002/15/EC of the European Parliament and of the Council.40

(23)  A reasonable minimum advance notice of fifteen days, understood as the period of time between the moment a worker is informed about a new work assignment and the moment the assignment starts, constitutes another necessary element of predictability of work for employment relationships with work schedule which are variable or mostly determined by the employer. The length of the advance notice period may be longer according to the needs of sectors, while ensuring adequate protection of workers. It applies without prejudice to Directive 2002/15/EC of the European Parliament and of the Council.40

__________________

__________________

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

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

Amendment    27

Proposal for a directive

Recital 25

Text proposed by the Commission

Amendment

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

(25)  Where employers have the possibility to offer full-time or open-ended labour contracts to workers in non-standard forms of employment, a transition to more secure forms of employment should be promoted in line with Principle 5 of the European Pillar of Social Rights, proclaimed in Gothenburg on 17 November 2017 seeking to encourage a transition to employment of indefinite duration. Workers should be able to request another more predictable and secure form of employment, where available, and receive an appropriately substantiated written response from the employer, which takes into account the needs of the employer and of the worker.

Amendment    28

Proposal for a directive

Recital 26

Text proposed by the Commission

Amendment

(26)  Where employers are required by legislation or collective agreements to provide training to workers to carry out the work for which they are employed, it is important to ensure that such training is provided equally, including to those in non-standard forms of employment. The costs of such training should not be charged to the worker nor withheld or deducted from the worker's remuneration.

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

Amendment    29

Proposal for a directive

Recital 27

Text proposed by the Commission

Amendment

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

(27)  Social partners may consider that in specific sectors or situations different provisions are more appropriate, for the pursuit of the purpose of this Directive, as long as these are in full compliance with f this Directive offering greater protection. Member States should therefore be able to allow social partners to conclude collective agreements modifying the provisions contained in that chapter, as long as the overall level of non-discriminatory protection of workers protection of workers is improved and is not lowered under any circumstances.

Amendment    30

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 directive is respected.

Amendment    31

Proposal for a directive

Recital 27 b (new)

Text proposed by the Commission

Amendment

 

(27b)  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.

Amendment    32

Proposal for a directive

Recital 28

Text proposed by the Commission

Amendment

(28)  The consultation on the European Pillar of Social Rights showed the need to strengthen enforcement of Union labour law to ensure its effectiveness. As regards Directive 91/533/EEC, the REFIT evaluation41 confirmed that strengthened enforcement mechanisms could improve its effectiveness. It showed that redress systems based solely on claims for damages are less effective than systems that also provide for sanctions (such as lump sums or loss of permits) for employers who fail to issue written statements. It also showed that employees rarely seek redress during the employment relationship, which jeopardises the goal of the provision of the written statement to ensure workers are informed about their essential features of their employment relationship. It is therefore necessary to introduce enforcement provisions which ensure the use either of favourable presumptions where information about the employment relationship is not provided, or of an administrative procedure under which the employer may be required to provide the missing information and subject to sanction if it does not. That redress should be subject to a procedure by which the employer is notified that information is missing and has 15 days in which to supply complete and correct information.

(28)  The consultation on the European Pillar of Social Rights showed the need to strengthen enforcement of Union labour law to ensure its effectiveness. As regards Directive 91/533/EEC, the REFIT evaluation41confirmed that strengthened enforcement mechanisms could improve its effectiveness. It showed that redress systems based solely on claims for damages are less effective than systems that also provide for sanctions (such as lump sums or loss of permits) for employers who fail to issue written statements. It also showed that employees rarely seek redress during the employment relationship, which jeopardises the goal of the provision of the written statement to ensure workers are informed about their essential features of their employment relationship. It is therefore necessary to introduce enforcement provisions which ensure the use either of favourable presumptions where information about the employment relationship is not provided, and of an administrative procedure under which the employer may be required to provide the missing information and subject to sanction if it does not. That redress should be subject to a procedure by which the employer is notified that information is missing and has 15 days in which to supply complete and correct information.

__________________

__________________

41 SWD(2017)205 final, page 26.

41 SWD(2017)205 final, page 26.

Amendment    33

Proposal for a directive

Recital 29

Text proposed by the Commission

Amendment

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

(29)  An extensive system of enforcement provisions for the social acquis in the Union has been adopted since Directive91/533/EEC, notably in the fields of anti-discrimination and equal opportunities; this system should be fully applied to this Directive in order to ensure that workers, as defined in Article 2 of this Directive, have access to effective and impartial dispute resolution and a right to redress, including adequate compensation, reflecting the Principle 7 of the European Pillar of Social Rights. It should be also urgently considered to broaden these enforcement provisions to all matters relating to working conditions.

Amendment    34

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 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.

Amendment    35

Proposal for a directive

Recital 33 b (new)

Text proposed by the Commission

Amendment

 

(33b)  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.

Amendment    36

Proposal for a directive

Recital 33 c (new)

Text proposed by the Commission

Amendment

 

(33c)  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.

Amendment    37

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.

Amendment    38

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.

Amendment    39

Proposal for a directive

Recital 37

Text proposed by the Commission

Amendment

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

deleted

Amendment    40

Proposal for a directive

Recital 38

Text proposed by the Commission

Amendment

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

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

Amendment    41

Proposal for a directive

Article 1 – paragraph 1

Text proposed by the Commission

Amendment

1.  The purpose of this Directive is to improve working conditions by promoting more secure and predictable employment while ensuring labour market adaptability.

1.  The purpose of this Directive is to improve working conditions by promoting more secure, transparent, clear, informed and predictable employment while ensuring labour market adaptability and the efficient and non-discriminatory application of the law.

Amendment    42

Proposal for a directive

Article 1 – paragraph 2

Text proposed by the Commission

Amendment

2.  This Directive lays down minimum rights that apply to every worker in the Union.

2.  This Directive lays down minimum rights that apply to every worker in the Union. These minimum rights apply to every person who is de facto a worker regardless of their formal status or the existence of a written employment contract, in the public or the private sector in the European Union.

Amendment    43

Proposal for a directive

Article 1 – paragraph 3

Text proposed by the Commission

Amendment

3.  Member States may decide not to apply the obligations in this Directive to workers who have an employment relationship equal to or less than 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.

deleted

Amendment    44

Proposal for a directive

Article 1 – paragraph 4

Text proposed by the Commission

Amendment

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

deleted

Amendment    45

Proposal for a directive

Article 1 – paragraph 5

Text proposed by the Commission

Amendment

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

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

Amendment    46

Proposal for a directive

Article 1 – paragraph 6

Text proposed by the Commission

Amendment

6.  Member States may decide not to 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.

deleted

Amendment    47

Proposal for a directive

Article 1 – paragraph 7

Text proposed by the Commission

Amendment

7.  Chapter II of this Directive applies to seafarers and fishermen without prejudice to Council Directive 2009/13/EC and Council Directive (EU) 2017/159, respectively.

7.  This Directive applies to seafarers and sea fishermen, taking into account the specific conditions of the sector, without prejudice to Council Directive 2009/13/EC and Council Directive (EU) 2017/159 or any relevant Union provisions granting a higher level of protection to seafarers and fishermen.

Amendment    48

Proposal for a directive

Article 2 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a)  ‘worker’ means a natural person who for a certain period of time performs services for and under the direction of another person in return for remuneration;

(a)  ‘worker’ means a natural person who performs services for and under the direction of an employer in return for remuneration;

Amendment    49

Proposal for a directive

Article 2 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b)  'employer' means one or more natural or legal person(s) who is or are directly or indirectly party to an employment relationship with a worker;

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

Amendment    50

Proposal for a directive

Article 2 – paragraph 1 – point e

Text proposed by the Commission

Amendment

(e)  'reference hours and days' means time slots in specified days during which work can take place at the request of the employer.

(e)  'reference hours and days' means schedules, shifts and any time slots in specified days during which work can take place;

Amendment    51

Proposal for a directive

Article 2 – paragraph 1 – point e a (new)

Text proposed by the Commission

Amendment

 

(e a)  'probationary period' means a limited pre-agreed period of time at the start of the employment relationship, wherein a worker is coached and his or her performance is monitored closely in order to assess his or her capabilities and for which clear performance objectives are pre-defined in which the employment relationship can be terminated in any time.

Amendment    52

Proposal for a directive

Article 3 – paragraph 1

Text proposed by the Commission

Amendment

1.  Member States shall ensure that employers are required to inform workers of the essential aspects of the employment relationship.

1.  Member States shall ensure that employers are required to inform workers of the essential aspects of the employment relationship and that the workers have the right to demand such information.

Amendment    53

Proposal for a directive

Article 3 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2.  The information referred to in paragraph 1 shall include:

2.  The information referred to in paragraph 1 shall include at least:

Amendment    54

Proposal for a directive

Article 3 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a)  the identities of the parties to the employment relationship;

(a)  the identities of the parties to the employment relationship including at least full names, addresses and, if applicable, legal representatives;

Amendment    55

Proposal for a directive

Article 3 – paragraph 2 – point e

Text proposed by the Commission

Amendment

(e)  in the case of a temporary employment relationship, the end date or the expected duration thereof;

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

Amendment    56

Proposal for a directive

Article 3 – paragraph 2 – point g

Text proposed by the Commission

Amendment

(g)  any training entitlement provided by the employer;

(g)  any right to training provided by 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;

Amendment    57

Proposal for a directive

Article 3 – paragraph 2 – point i

Text proposed by the Commission

Amendment

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

(i)  the procedure, including the length of the period of notice, to be observed by the employer and the worker should their employment relationship be terminated or, where the length of the period of notice cannot be indicated when the information is given, the method for determining such period of notice and the requirements for the notice of termination, time limits for enforcing claims, which shall include deadlines for the seeking of action contesting dismissal or compensation for accidents/injuries at work and for any infringement of labour rights;

Amendment    58

Proposal for a directive

Article 3 – paragraph 2 – point j

Text proposed by the Commission

Amendment

(j)  the initial basic amount, any other component elements, the frequency and method of payment of the remuneration to which the worker is entitled;

(j)  the initial basic amount, any other component elements indicated, separately, such as payments of overtime, bonuses and other entitlements, such as sick pay, the amount of social security contribution paid by the employer the frequency and method of payment of the remuneration to which the worker is entitled;

Amendment    59

Proposal for a directive

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

Text proposed by the Commission

Amendment

 

(iia)  the conditions and the level of financial compensation in case of cancellation of work by the employer.

Amendment    60

Proposal for a directive

Article 3 – paragraph 2 – point m

Text proposed by the Commission

Amendment

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

(m)  any collective agreements governing the worker's conditions of work as well as time limits laid down in the collective agreements for claims arising from those agreements; in the case of collective agreements concluded outside the business by special joint bodies or institutions, the name of the competent body or joint institution within which the agreements were concluded, and the cut off periods if there are any;

Amendment    61

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;

Amendment    62

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;

Amendment    63

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;

Amendment    64

Proposal for a directive

Article 3 – paragraph 3

Text proposed by the Commission

Amendment

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

3.  The information referred to in paragraph 2(f) to (k) and (n) shall be accompanied by a reference to the laws, regulations and administrative or statutory provisions or collective agreements governing those particular points.

Amendment    65

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.

Amendment    66

Proposal for a directive

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

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

1.  The information referred to in Article 3(2) shall be provided individually to the worker in the form of a paper document as early as possible and, where applicable, the moment the employment contract is signed and at the latest before the first day of the employment relationship. At the request of the worker that document shall be provided and transmitted electronically in a format that can be stored and printed, with acknowledgments of receipt. This information shall represent a notice of the agreed employment conditions by the employer. The deadline for presenting a written declaration of acceptance of the agreed working conditions shall be at least one week before the start of employment.

Amendment    67

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.

Amendment    68

Proposal for a directive

Article 4 – paragraph 2

Text proposed by the Commission

Amendment

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

2.  Member States, after consultation with stakeholders and social partners, shall develop templates and models for the document referred to in paragraph 1 and put them at the disposal of workers and employers including by making them available on a single official national website and by other suitable means. The European Commission shall assist Member States in producing these templates or models in order to avoid any discrepancies in content between the various Member States.

Amendment    69

Proposal for a directive

Article 4 – paragraph 3

Text proposed by the Commission

Amendment

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

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

Amendment    70

Proposal for a directive

Article 5 – paragraph 1

Text proposed by the Commission

Amendment

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

Member States shall ensure that any change in the aspects of the employment relationship referred to in Article 3(2) and to the additional information for workers posted or sent abroad in Article 6 shall be handed in the form of a paper document by the employer to the worker at the earliest opportunity and at the latest on the day it takes effect. At the request of the worker, the document must be provided and transmitted electronically with acknowledgement of receipt as stated in article 4 (1).

Amendment    71

Proposal for a directive

Article 6 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

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

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

Amendment    72

Proposal for a directive

Article 6 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a)  the country or countries in which the work abroad is to be performed and its duration;

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

Amendment    73

Proposal for a directive

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

Text proposed by the Commission

Amendment

 

(b a)  the working hours, the rules on public holidays and tax and security arrangements in the country in which the work is to be performed;

Amendment    74

Proposal for a directive

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

Text proposed by the Commission

Amendment

 

(b b)  the name of the line manager in the place or places of work where the work abroad is to be performed and towards whom the posted worker reports;

Amendment    75

Proposal for a directive

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

Text proposed by the Commission

Amendment

 

(da)  any changes in tax and social security arrangements for the period in which the work abroad is to be performed;

Amendment    76

Proposal for a directive

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

Text proposed by the Commission

Amendment

 

(db)  any arrangements for the possible lengthening or shortening of the period of work;

Amendment    77

Proposal for a directive

Article 6 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2.  Member States shall ensure that, if the worker sent abroad is a posted worker covered by Directive 96/71/EC, he or she shall in addition be notified of:

2.  Member States shall ensure that, if the worker sent abroad is a posted worker covered by Directive 96/71/EC, he or she shall in addition be notified as stated in Article 4(1):

Amendment    78

Proposal for a directive

Article 6 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a)  the remuneration to which the worker is entitled in accordance with the applicable law of the host Member State;

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

Amendment    79

Proposal for a directive

Article 6 – paragraph 3

Text proposed by the Commission

Amendment

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

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

Amendment    80

Proposal for a directive

Article 6 – paragraph 4

Text proposed by the Commission

Amendment

4.  Unless Member States provide otherwise, paragraphs 1 and 2 shall not apply if the duration of each work period outside the Member State in which the worker habitually works is four consecutive weeks or less.

deleted

Amendment    81

Proposal for a directive

Article 7 – paragraph 1

Text proposed by the Commission

Amendment

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

1.  Member States shall ensure that, where an employment relationship is subject to a probationary period, that period shall not exceed three months.

Amendment    82

Proposal for a directive

Article 7 – paragraph 2

Text proposed by the Commission

Amendment

2.  Member States may provide for longer probationary periods in cases where this is justified by the nature of the employment or is in the interest of the worker.

2.  Member States may provide for longer probationary periods, up to six months, in cases where this is appropriately justified by the nature of the employment, the skills, the work conditions or is in the interest of the worker.

Amendment    83

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.

Amendment    84

Proposal for a directive

Article 8 – title

Text proposed by the Commission

Amendment

Employment in parallel

Employment with other employers

Amendment    85

Proposal for a directive

Article 8 – paragraph 2

Text proposed by the Commission

Amendment

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

2.  Member States may however lay down conditions of incompatibility where such restrictions are justified by legitimate reasons such as the protection of business secrets or the avoidance of conflicts of interests. Employers are not permitted to lay down conditions of incompatibility unilaterally.

Amendment    86

Proposal for a directive

Article 9 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

Member States shall ensure that where a worker's work schedule is entirely or mostly variable and entirely or mostly determined by the employer, the worker may be required to work by the employer only:

Member States shall ensure that an employer can only modify the pattern of normal working hours if the following conditions are met:

Amendment    87

Proposal for a directive

Article 9 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a)  if work takes place within predetermined reference hours and reference days, established in writing at the start of the employment relationship, in accordance with Article 3(2)(l)(i), and

(a)  the modification is justified for objective reasons related to the type of work;

Amendment    88

Proposal for a directive

Article 9 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b)  if the worker is informed by their employer of a work assignment a reasonable period in advance, in accordance with Article 3(2)(l)(ii).

(b)  the worker is informed of the pattern of the normal working hours for the respective week at least two weeks in advance, except in cases of emergency;

Amendment    89

Proposal for a directive

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

Text proposed by the Commission

Amendment

 

(ba)  the modification is not in conflict with any legitimate interests of the worker;

Amendment    90

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;

Amendment    91

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.

Amendment    92

Proposal for a directive

Article 10 – paragraph 1

Text proposed by the Commission

Amendment

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

1.  Member States shall ensure that workers with at least six months' seniority with the same employer may convert into a form of employment with more predictable and secure working conditions where available. Time worked with the same enterprise, group or entity or natural or legal person shall count towards that six months period.

Amendment    93

Proposal for a directive

Article 10 – paragraph 2

Text proposed by the Commission

Amendment

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

2.  The employer shall genuinely consider the conversion and provide an appropriately substantiated written reply within one month of the application. With respect to natural persons acting as employers and micro-entreprises, small, or medium enterprises, Member States may provide for that deadline to be extended to no more than another month. In the absence of a reply to the demand for conversion within one month, the conversion is presumed to have taken effect from the first day following this period. If the application is rejected, the correctness of the grounds must be amenable to review

Amendment    94

Proposal for a directive

Article 10 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a.  Member States shall ensure that 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.

Amendment    95

Proposal for a directive

Article 11 – paragraph 1

Text proposed by the Commission

Amendment

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

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

Amendment    96

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.

Amendment    97

Proposal for a directive

Article 11 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

 

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

Amendment    98

Proposal for a directive

Article 11 – paragraph 1 c (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.

Amendment    99

Proposal for a directive

Article 11 – paragraph 1 d (new)

Text proposed by the Commission

Amendment

 

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

Amendment    100

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.

Amendment    101

Proposal for a directive

Article 12 – paragraph 1

Text proposed by the Commission

Amendment

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

Member States may allow social partners to conclude collective agreements, in conformity with the national law or practice, which, while fully respecting the overall protection of workers and ensuring that the minimum standards set out in this Directive are not undercut, establish arrangements concerning the working conditions of workers which differ from but shall not fall below those referred to in Articles 7 to 11.

Amendment    102

Proposal for a directive

Article 13 – paragraph 1

Text proposed by the Commission

Amendment

Member States shall take all necessary measures to ensure that provisions contrary to this Directive in individual or collective agreements, internal rules of undertakings, or any other arrangements shall be declared null and void or are amended in order to bring them into line with the provisions of this Directive.

Provisions contrary to this Directive and less beneficial for the worker in individual or collective agreements, internal rules of undertakings, or any other arrangements are null and void and shall be amended in order to bring them at least into line with the provisions of this Directive.

Amendment    103

Proposal for a directive

Article 14 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

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

Member States shall ensure that, where a worker has not received in due time all or part of the documents referred to in Article 4(1), Article 5, or Article 6 the following systems shall apply:

Amendment    104

Proposal for a directive

Article 14 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a)  the worker shall benefit from favourable presumptions defined by the Member State. Where the information provided did not include the information referred to in points (e), (f), (k) or (l) of Article 3(2), the favourable presumptions shall include a presumption that the worker has an open-ended employment relationship, that there is no probationary period or that the worker has a full-time position, respectively. Employers shall have the possibility to rebut the presumptions; or

(a)  the worker shall benefit from favourable presumptions, which the Member State has the obligation to define. Where the information provided did not include the information referred to in points (e), (f), (k) or (l) of Article 3(2), the favourable presumptions reported by the worker shall apply as agreed and shall include a presumption that the worker has an open-ended employment relationship, that there is no probationary period and that the worker has a full-time position, respectively. Employers shall have the possibility to rebut the presumptions; and

Amendment    105

Proposal for a directive

Article 14 – paragraph 1 – point b

Text proposed by the Commission

Amendment

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

(b)  the worker shall have the possibility to submit a complaint to a competent authority in a timely manner. If the competent authority finds that the complaint is justified, it shall order the relevant employer(s) to provide the missing information. If the employer does not provide the missing information within 15 days following receipt of the order, the authority shall be able to impose an appropriate, pre-established mandatory and dissuasive penalty, even if the employment relationship has ended. Employers shall have the possibility to lodge an appeal against the decision imposing the penalty. Member States may designate existing bodies as competent authorities.

Amendment    106

Proposal for a directive

Article 14 a (new)

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.

Amendment    107

Proposal for a directive

Article 16 – paragraph 1

Text proposed by the Commission

Amendment

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

Member States shall introduce all necessary measures, inter alia pre-established mandatory and dissuasive penalties, to protect all workers regardless of their legal or formal status, including workers who are employees' or trade union representatives, from any adverse treatment by the employer or adverse consequences resulting from a complaint lodged with the employer or from any legal proceedings initiated with the aim of enforcing compliance with these rights.

Amendment    108

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.

Amendment    109

Proposal for a directive

Article 17 – paragraph 1

Text proposed by the Commission

Amendment

1.  Member States shall take the necessary measures to prohibit the dismissal or its equivalent and all preparations for dismissal of workers, on the grounds that they exercised the rights provided for in this Directive.

1.  Member States shall take the necessary measures to prohibit, and declare as legally ineffective, the dismissal or its equivalent and all preparations for dismissal or other detriments or less favourable treatments of workers, on the grounds that they exercised the rights provided for in this Directive. The employer shall provide sufficient information on the grounds for dismissal, otherwise the dismissal shall be deemed to be legally ineffective. The necessary measures shall also include the right to reinstatement and compensation.

Amendment    110

Proposal for a directive

Article 17 – paragraph 2

Text proposed by the Commission

Amendment

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

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

Amendment    111

Proposal for a directive

Article 17 – paragraph 3

Text proposed by the Commission

Amendment

3.  Member States shall take the necessary measures to ensure that, when workers referred to in paragraph 2 establish, before a court or other competent authority, facts from which it may be presumed that there has been such dismissal or its equivalent, it shall be for the respondent to prove that the dismissal was based on grounds other than those referred to in paragraph 1.

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

Amendment    112

Proposal for a directive

Article 17 – paragraph 6 a (new)

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.

Amendment    113

Proposal for a directive

Article 17 – paragraph 6 b (new)

Text proposed by the Commission

Amendment

 

6b.  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.

Amendment    114

Proposal for a directive

Article 17 a (new)

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.

Amendment    115

Proposal for a directive

Article 18 – paragraph 1

Text proposed by the Commission

Amendment

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

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

Amendment    116

Proposal for a directive

Article 19 – paragraph 1

Text proposed by the Commission

Amendment

1.  This Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within Member States.

1.  This Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within Member States. The implementation of this Directive must not be grounds of any regression to the situation which already prevails in each Member State regarding the general level of worker protection and in the areas to which it applies.

Amendment    117

Proposal for a directive

Article 19 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2 a.  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.

Amendment    118

Proposal for a directive

Article 20 a (new)

Text proposed by the Commission

Amendment

 

Article 20 a

 

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.

Amendment    119

Proposal for a directive

Article 21 – paragraph 1

Text proposed by the Commission

Amendment

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

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

Amendment    120

Proposal for a directive

Article 22 – paragraph 1

Text proposed by the Commission

Amendment

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

By [entry into force date + 5 years], the Commission shall, in consultation with the Member States and social partners at Union level and taking into account the impact on micro, small and medium-sized enterprises, review the application of this Directive with a view to proposing, where appropriate, the necessary amendments.

PROCEDURE – COMMITTEE ASKED FOR OPINION

Title

Transparent and predictable working conditions in the European Union

References

COM(2017)0797 – C8-0006/2018 – 2017/0355(COD)

Committee responsible

       Date announced in plenary

EMPL

18.1.2018

 

 

 

Opinion by

       Date announced in plenary

JURI

18.1.2018

Rapporteur

       Date appointed

Kostas Chrysogonos

24.1.2018

Discussed in committee

15.5.2018

20.6.2018

3.9.2018

 

Date adopted

24.9.2018

 

 

 

Result of final vote

+:

–:

0:

20

0

1

Members present for the final vote

Max Andersson, Joëlle Bergeron, Marie-Christine Boutonnet, Jean-Marie Cavada, Rosa Estaràs Ferragut, Heidi Hautala, Sylvia-Yvonne Kaufmann, António Marinho e Pinto, Emil Radev, Evelyn Regner, Pavel Svoboda, Axel Voss, Francis Zammit Dimech, Tadeusz Zwiefka

Substitutes present for the final vote

Sergio Gaetano Cofferati, Geoffroy Didier, Pascal Durand, Jytte Guteland, Jiří Maštálka

Substitutes under Rule 200(2) present for the final vote

Guillaume Balas, John Howarth, Christelle Lechevalier

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

20

+

ALDE

António Marinho e Pinto

EFDD

Joëlle Bergeron

ENF

Marie-Christine Boutonnet, Christelle Lechevalier

GUE/NGL

Jiří Maštálka

PPE

Geoffroy Didier, Rosa Estaràs Ferragut, Emil Radev, Pavel Svoboda, Axel Voss, Francis Zammit Dimech, Tadeusz Zwiefka

S&D

Guillaume Balas, Sergio Gaetano Cofferati, Jytte Guteland, John Howarth, Sylvia-Yvonne Kaufmann, Evelyn Regner

VERTS/ALE

Max Andersson, Pascal Durand

0

-

 

 

1

0

ALDE

Jean-Marie Cavada

Key to symbols:

+  :  in favour

-  :  against

0  :  abstention


OPINION of the Committee on Women's Rights and Gender Equality (3.10.2018)

for the Committee on Employment and Social Affairs

on the proposal for a directive of the European Parliament and of the Council on transparent and predictable working conditions in the European Union

(COM(2017)0797 – C8-0006/2018 – 2017/0355(COD))

Rapporteur for opinion: Maria Arena

AMENDEMENTS

The Committee on Women's Rights and Gender Equality calls on the Committee on Employment and Social Affairs, as the committee responsible, to take into account the following amendments:

Amendment    1

Proposal for a directive

Citation 1

Text proposed by the Commission

Amendment

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 153(1)(b) and (2)(b) thereof,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 153(1)(b) (2)(b) and article 157 thereof,

Amendment    2

Proposal for a directive

Citation 2

Text proposed by the Commission

Amendment

having regard to the Treaty on the Functioning of the European Union, and in particular Article 153(1)(b) and (2)(b) thereof,

having regard to the Treaty on the Functioning of the European Union, and in particular Article  153(1)(b) and (2)(b) and Article 157(1-3) thereof,

Amendment    3

Proposal for a directive

Recital 2 a (new)

Text proposed by the Commission

Amendment

 

(2a)  Principle 2 of the European Pillar of Social Rights reiterates that equal treatment and opportunities between women and men must be ensured and fostered in all areas, including participation in the labour market, terms and conditions of employment and career progression, and they have the right to equal pay for work of equal value pursuant to Article 157(1-3) TFEU.

Amendment    4

Proposal for a directive

Recital 3 a (new)

Text proposed by the Commission

Amendment

 

(3a)  Recognises that the collective bargaining instruments negotiated between employers' associations and organisations representing workers are crucial for opposing and overcoming distortions in the labour market created by the advent of new types of labour relations that tend towards precariousness and uncertain labour bonds, which particularly affect women; collective bargaining is, therefore, a key instrument in overcoming inequalities between men and women in the workplace.

Amendment    5

Proposal for a directive

Recital 3 b (new)

Text proposed by the Commission

Amendment

 

(3b)  In its communication of 8 March 2016 on the European Pillar of Social Rights (COM(2016) 0127, Annex I) the Commission acknowledged that European labour markets still discriminate against women; that women are still under-represented in employment and over-represented in part-time work and low-wage sectors, and receive smaller hourly wages even when performing work equivalent to that performed by men and with an equivalent or higher level of education.

Amendment    6

Proposal for a directive

Recital 3 c (new)

Text proposed by the Commission

Amendment

 

(3c)  Stresses the need for the Member States to establish a legal framework enabling the necessary measures to be taken to ensure that equal pay is provided for equal work in any employment relationship, regardless of the type and duration thereof, as a way of guaranteeing equal pay for men and women, helping reduce the persistent inequalities that mean women are, as well as being paid significantly less than men, particularly vulnerable to poverty and social exclusion.

Amendment    7

Proposal for a directive

Recital 13

Text proposed by the Commission

Amendment

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

(13)  Information on remuneration to be provided should include but not be limited to all elements of the remuneration, as well as the method of calculation and information on pay levels, broken down by gender, for categories of employees doing the same work or work of equal value, including contributions in cash or kind, directly or indirectly received by the worker in respect of his or her work overtime payments, bonuses and other entitlements, such as sick pay or leaves. The provision of such information should be without prejudice to the freedom for employers to provide for additional elements of remuneration such as one-off payments. The fact that elements of remuneration due by law or collective agreement have not been included in that information should not constitute a reason for not providing them to the worker.

Amendment    8

Proposal for a directive

Recital 19

Text proposed by the Commission

Amendment

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

(19)  Probationary periods allow employers to verify that workers are suitable for the position for which they have been engaged while providing them with accompanying support and training. Such periods may be accompanied by reduced protection against dismissal. Any entry into the labour market or transition to a new position should not be subject to prolonged insecurity. Probationary periods must not be made into mechanisms for exploiting workers in that they are guaranteed employment for prolonged periods on low wages and then dismissed at the end of the probationary period. This would be a way of replacing fixed-term contracts with more precarious contracts, with women once again bearing the brunt of this. Probationary periods should not exceed three months and should ideally be shorter. Probationary periods may exceed three months in duly justified cases, such as when the technical complexity of the work or the high degree of responsibility in the worker's post justifies this or where the worker is appointed to a managerial position. Member States should pass legislation defining the cases in which exceptions may exceed the three-month probationary period and the corresponding appropriate periods.

Amendment    9

Proposal for a directive

Recital 26

Text proposed by the Commission

Amendment

(26)  Where employers are required by legislation or collective agreements to provide training to workers to carry out the work for which they are employed, it is important to ensure that such training is provided equally, including to those in non-standard forms of employment. The costs of such training should not be charged to the worker nor withheld or deducted from the worker's remuneration.

(26)  Where employers are required by legislation or collective agreements to provide training to workers to carry out the work for which they are employed, it is important to ensure that such training is provided equally, and without discrimination based on any ground such as sex, including to those in non-standard forms of employment. The costs of such training should not be charged to the worker nor withheld or deducted from the worker's remuneration. The training should take place during working hours.

Amendment    10

Proposal for a directive

Recital 27 a (new)

Text proposed by the Commission

Amendment

 

(27 a)  The Member States should ensure the elimination of all kind of discrimination with regard to all aspects of remuneration, respecting the principle of equal pay for equal work and work of equal value, and in the terms and conditions of employment, regardless of the contract type of the worker as defined by this Directive.

Amendment    11

Proposal for a directive

Recital 32

Text proposed by the Commission

Amendment

(32)  Workers exercising rights provided for in this Directive should enjoy protection from dismissal or equivalent detriment (such as an on-demand worker no longer being assigned work) or any preparations for a possible dismissal, on the grounds that they sought to exercise such rights. Where workers consider that they have been dismissed or have suffered equivalent detriment on those grounds, workers and competent authorities should be able to require the employer to provide duly substantiated grounds for the dismissal or equivalent measure.

(32)  Workers exercising rights provided for in this Directive should enjoy protection from dismissal or equivalent detriment (such as an on-demand worker no longer being assigned work) or any preparations for a possible dismissal, on the grounds that they sought to exercise such rights. Where workers consider that they have been dismissed or have suffered equivalent detriment on those grounds, workers and competent authorities should require the employer to provide duly substantiated grounds for the dismissal or equivalent measure and to reinstate the worker in the event the alleged grounds are unfounded. The relevant authorities shall ensure that the worker is compensated for the harm caused and shall be empowered to impose penalties on companies guilty of such practices. Particular attention shall be paid to situations that specifically affect women and situations resulting from discrimination on grounds of maternity; the latter shall be viewed as aggravating circumstances.

Amendment    12

Proposal for a directive

Article 1 – paragraph 6

Text proposed by the Commission

Amendment

6.  Member States may decide not to 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.

deleted

Amendment    13

Proposal for a directive

Article 3 – paragraph 2 – point e

Text proposed by the Commission

Amendment

(e)  in the case of a temporary employment relationship, the end date or the expected duration thereof;

(e)  in the case of a temporary employment relationship, the end date or the expected duration thereof; the name of the user undertaking in the case of temporary workers and the rates of remuneration of the user undertaking to ensure equal pay;

Amendment    14

Proposal for a directive

Article 3 – paragraph 2 – point e a (new)

Text proposed by the Commission

Amendment

 

(e a)  the remuneration method of calculation and information on pay levels, broken down by gender, for categories of employees doing the same work or work of equal value;

Amendment    15

Proposal for a directive

Article 3 – paragraph 2 – point h

Text proposed by the Commission

Amendment

(h)  the amount of paid leave to which the worker is entitled or, where this cannot be indicated when the information is given, the procedures for allocating and determining such leave;

(h)  the amount of paid leave and the different forms to take up the leave to which the worker is entitled or, where this cannot be indicated when the information is given, the procedures for allocating and determining such leave;

Amendment    16

Proposal for a directive

Article 3 – paragraph 2 – point i a (new)

Text proposed by the Commission

Amendment

 

(i a)  all prerogatives and rights workers are entitled to, such as sickness, maternity and equivalent, parental, paternity, care, old-age, invalidity, survivors', unemployment, pre-retirement, pension or family benefits;

Amendment    17

Proposal for a directive

Article 3.º – paragraph 2 – point j

Text proposed by the Commission

Amendment

(j)  the initial basic amount, any other component elements, the frequency and method of payment of the remuneration to which the worker is entitled;

(j)  the initial basic amount, any other component elements, the frequency and method of payment of the remuneration to which the worker is entitled, as well as other regular and periodic benefits to which workers are entitled of equal value or for equal work;

Amendment    18

Proposal for a directive

Article 3 – paragraph 2 – point m a (new)

Text proposed by the Commission

Amendment

 

(ma)  in the interests of transparency and to combat wage discrimination faced by women on the employment market, the salary scale applicable to workers in accordance with the task that they are actually assigned in the undertaking by virtue of the employment relationship they have with the employer;

Amendment    19

Proposal for a directive

Article 3 – paragraph 2 – point m b (new)

Text proposed by the Commission

Amendment

 

(mb)  all the prerogatives to which workers are entitled by virtue of their employment relationship with their employer, but also all the social rights acquired by virtue of their status as workers as referred to in Article 2(1)(a) of this Directive, such as rights to maternity, paternity and parental leave and access to training to which they are entitled and the practical arrangements for these;

Amendment    20

Proposal for a directive

Article 3 – paragraph 2 – point n a (new)

Text proposed by the Commission

Amendment

 

(n a)  the mechanisms through which workers may lodge complaints, including information on specific mechanisms for complains on psychological and sexual harassment.

Amendment    21

Proposal for a directive

Article 11 a (new)

Text proposed by the Commission

Amendment

 

Article 11 a

 

Equal treatment and non discrimination

 

The Member States shall ensure the principle of equal pay for equal work and work of equal value and put in place measures that ensure that employers in undertakings and organisations regularly inform of the average remuneration by category of employee or position, broken down by gender.

 

The Member States shall ensure the elimination of all forms of discrimination with regard to all aspects and conditions of remuneration, equal treatment and opportunities in accessing and in the terms and conditions of employment, regardless of their employment status.

Amendment    22

Proposal for a directive

Article 12 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

Collective bargaining agreements should, inter alia, contribute to ensuring the principle of equal work for equal pay, eliminating precarious working relationships and protecting maternity rights, and serve as as instruments to help reduce inequalities between men and women in industrial relations.

Amendment    23

Proposal for a directive

Article 12 a (new)

Text proposed by the Commission

Amendment

 

Article 12 a

 

Equal treatment

 

The Member States shall ensure the principle of equal pay and terms and conditions to apply to all workers regardless of their employment status.The Member States shall ensure the elimination of discrimination with regard to all aspects and conditions of remuneration and terms and conditions of employment; the employment status not being of relevance. 

Amendment    24

Proposal for a directive

Article 16 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

Member States shall introduce measures to prevent psychological and sexual harassment at the work place through policies which set out prevention measures, effective, transparent and confidential procedures to deal with complaints, sanctions for perpetrators, information and trainings for workers and employers and support to companies to draw up actions plans to implement all the measures thereof.

Amendment    25

Proposal for a directive

Article 20 a (new)

Text proposed by the Commission

Amendment

 

Article 20 a

 

Facilitation of Complains

 

 

 

Member States shall ensure specific and confidential procedures to deal with complaints on psychological and sexual harassment.

PROCEDURE – COMMITTEE ASKED FOR OPINION

Title

Transparent and predictable working conditions in the European Union

References

COM(2017)0797 – C8-0006/2018 – 2017/0355(COD)

Committee responsible

       Date announced in plenary

EMPL

18.1.2018

 

 

 

Opinion by

       Date announced in plenary

FEMM

18.1.2018

Rapporteur

       Date appointed

Maria Arena

15.3.2018

Discussed in committee

10.7.2018

 

 

 

Date adopted

27.9.2018

 

 

 

Result of final vote

+:

–:

0:

17

2

3

Members present for the final vote

Daniela Aiuto, Beatriz Becerra Basterrechea, Malin Björk, Vilija Blinkevičiūtė, Anna Maria Corazza Bildt, André Elissen, Iratxe García Pérez, Mary Honeyball, Angelika Mlinar, Maria Noichl, Marijana Petir, Pina Picierno, Ernest Urtasun, Jadwiga Wiśniewska, Michaela Šojdrová

Substitutes present for the final vote

Stefan Eck, José Inácio Faria, Kostadinka Kuneva, Jérôme Lavrilleux, Jordi Solé

Substitutes under Rule 200(2) present for the final vote

Marek Plura, Damiano Zoffoli

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

17

+

ALDE

Beatriz Becerra Basterrechea, Angelika Mlinar

EFDD

Daniela Aiuto

GUE/NGL

Malin Björk, Stefan Eck, Kostadinka Kuneva

PPE

José Inácio Faria, Jérôme Lavrilleux, Marek Plura

S&D

Vilija Blinkevičiūtė, Iratxe García Pérez, Mary Honeyball, Maria Noichl, Pina Picierno, Damiano Zoffoli

VERTS/ALE

Jordi Solé, Ernest Urtasun

2

-

ENF

André Elissen

PPE

Anna Maria Corazza Bildt

3

0

ECR

Jadwiga Wiśniewska

PPE

Marijana Petir, Michaela Šojdrová

Key to symbols:

+  :  in favour

-  :  against

0  :  abstention


PROCEDURE – COMMITTEE RESPONSIBLE

Title

Transparent and predictable working conditions in the European Union

References

COM(2017)0797 – C8-0006/2018 – 2017/0355(COD)

Date submitted to Parliament

20.12.2017

 

 

 

Committee responsible

       Date announced in plenary

EMPL

18.1.2018

 

 

 

Committees asked for opinions

       Date announced in plenary

TRAN

18.1.2018

JURI

18.1.2018

FEMM

18.1.2018

 

Not delivering opinions

       Date of decision

TRAN

22.1.2018

 

 

 

Rapporteurs

       Date appointed

Enrique Calvet Chambon

21.2.2018

 

 

 

Discussed in committee

15.5.2018

19.6.2018

29.8.2018

 

Date adopted

18.10.2018

 

 

 

Result of final vote

+:

–:

0:

30

7

11

Members present for the final vote

Guillaume Balas, Brando Benifei, Vilija Blinkevičiūtė, Enrique Calvet Chambon, David Casa, Martina Dlabajová, Elena Gentile, Marian Harkin, Czesław Hoc, Agnes Jongerius, Rina Ronja Kari, Agnieszka Kozłowska-Rajewicz, Jean Lambert, Jérôme Lavrilleux, Jeroen Lenaers, Verónica Lope Fontagné, Javi López, Thomas Mann, Anthea McIntyre, Joëlle Mélin, Emilian Pavel, Georgi Pirinski, Marek Plura, Dennis Radtke, Terry Reintke, Robert Rochefort, Maria João Rodrigues, Siôn Simon, Yana Toom, Marita Ulvskog

Substitutes present for the final vote

Maria Arena, Georges Bach, Amjad Bashir, Heinz K. Becker, Dieter-Lebrecht Koch, Eduard Kukan, Paloma López Bermejo, António Marinho e Pinto, Edouard Martin, Tamás Meszerics, Anne Sander, Helga Stevens, Gabriele Zimmer

Substitutes under Rule 200(2) present for the final vote

Ignazio Corrao, Michael Detjen, John Flack, Dario Tamburrano, Ángela Vallina

Date tabled

26.10.2018


FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

30

+

ALDE

Enrique Calvet Chambon, Marian Harkin, António Marinho e Pinto, Robert Rochefort, Yana Toom

EFDD

Ignazio Corrao, Dario Tamburrano

ENF

Joëlle Mélin

GUE/NGL

Paloma López Bermejo, Ángela Vallina, Gabriele Zimmer

PPE

Georges Bach, Jérôme Lavrilleux, Anne Sander

S&D

Maria Arena, Guillaume Balas, Brando Benifei, Vilija Blinkevičiūtė, Michael Detjen, Elena Gentile, Agnes Jongerius, Javi López, Edouard Martin, Emilian Pavel, Georgi Pirinski, Maria João Rodrigues, Siôn Simon

VERTS/ALE

Jean Lambert, Tamás Meszerics, Terry Reintke

7

-

ALDE

Martina Dlabajová

ECR

Amjad Bashir, John Flack, Czesław Hoc, Anthea McIntyre, Helga Stevens

GUE/NGL

Rina Ronja Kari

11

0

PPE

Heinz K. Becker, David Casa, Dieter‑Lebrecht Koch, Agnieszka Kozłowska‑Rajewicz, Eduard Kukan, Jeroen Lenaers, Verónica Lope Fontagné, Thomas Mann, Marek Plura, Dennis Radtke

S&D

Marita Ulvskog

Key to symbols:

+  :  in favour

-  :  against

0  :  abstention

Last updated: 9 November 2018Legal notice