En En Amendments 1

European Parliament 2019-2024

Committee on Employment and Social Affairs

2019/2181(INL)

15.9.2020

AMENDMENTS 1 - 347

Draft report Alex Agius Saliba (PE654.061v01-00)

The right to disconnect (2019/2181(INL))

AM\1212000EN.docx PE655.974v01-00

EN United in diversityEN AM_Com_NonLegReport

PE655.974v01-00 2/172 AM\1212000EN.docx EN Amendment 1 Petra De Sutter

Motion for a resolution Heading 1

Motion for a resolution Amendment with recommendations to the Commission with recommendations to the Commission on the right to disconnect to enforce the right to disconnect

Or. en

Amendment 2 José Gusmão, Marc Botenga

Motion for a resolution Citation 10

Motion for a resolution Amendment

— having regard to the conventions — having regard to the conventions and recommendations of the International and recommendations of the International Labour Organization (ILO), in particular Labour Organization (ILO), in particular the 1919 Hours of Work (Industry) the 1919 Hours of Work (Industry) Convention (No. 1), the 1981 Collective Convention (No. 1), the 1930 Hours of Bargaining Recommendation (No. 163), Work (Commerce and Offices) the 1981 Convention on Workers with Convention (No. 30), the 1981 Collective Family Responsibilities (No. 156) and its Bargaining Recommendation (No. 163), accompanying Recommendation (No. the 1981 Convention on Workers with 165), Family Responsibilities (No. 156) and its accompanying Recommendation (No. 165), as well as the 2019 ILO Centenary Declaration on the Future of Work;

Or. en

Amendment 3 Alex Agius Saliba, Milan Brglez, Manuel Pizarro, Vilija Blinkevičiūtė, Evelyn Regner, Elisabetta Gualmini, Marc Angel, Agnes Jongerius, Estrella Durá Ferrandis, Brando Benifei, Lina Gálvez Muñoz, Alicia Homs Ginel, Pierfrancesco Majorino, Klára Dobrev, Gabriele Bischoff

Motion for a resolution Citation 10

AM\1212000EN.docx 3/172 PE655.974v01-00 EN Motion for a resolution Amendment

— having regard to the conventions — having regard to the conventions and recommendations of the International and recommendations of the International Labour Organization (ILO), in particular Labour Organization (ILO), in particular the 1919 Hours of Work (Industry) the 1919 Hours of Work (Industry) Convention (No. 1), the 1981 Collective Convention (No. 1), the 1930 Hours of Bargaining Recommendation (No. 163), Work (Commerce and Offices) the 1981 Convention on Workers with Convention (No. 30), the1981 Collective Family Responsibilities (No. 156) and its Bargaining Recommendation (No. 163), accompanying Recommendation (No. the 1981 Convention on Workers with 165), Family Responsibilities (No. 156) and its accompanying Recommendation (No. 165), as well as the 2019 ILO Centenary Declaration on the Future of Work,

Or. en

Amendment 4 Petra De Sutter

Motion for a resolution Citation 10

Motion for a resolution Amendment

Or. en

Amendment 5 Alex Agius Saliba, Vilija Blinkevičiūtė, Elisabetta Gualmini, Marc Angel, Agnes

PE655.974v01-00 4/172 AM\1212000EN.docx EN Jongerius, Estrella Durá Ferrandis, Brando Benifei, Lina Gálvez Muñoz, Alicia Homs Ginel, Pierfrancesco Majorino, Klára Dobrev, Gabriele Bischoff, Milan Brglez, Manuel Pizarro, Evelyn Regner

Motion for a resolution Citation 10 a (new)

Motion for a resolution Amendment

— having regard to the Council of European (Revised) European Social Charter, as referred to in Article 151 TFEU, and in particular its Articles 2 ESC (just working conditions including working time/rest periods), article 3 (healthy and safety conditions at work), article 6 (Collective Bargaining) and article 27 (protection of workers with family responsibilities),

Or. en

Amendment 6 Petra De Sutter

Motion for a resolution Citation 10 a (new)

Motion for a resolution Amendment

— having regard to the Council of European (Revised) European Social Charter, as referred to in Article 151 TFEU, and in particular its Articles 2 ESC (just working conditions including working time/rest periods), article 3 (healthy and safety conditions at work) , article 6 (Collective Bargaining) and article 27 (protection of workers with family responsibilities)

Or. en

Amendment 7 Yana Toom

AM\1212000EN.docx 5/172 PE655.974v01-00 EN Motion for a resolution Citation 11 a (new)

Motion for a resolution Amendment

— having regard to the Framework Agreement on Telework of 2002,

Or. en

Amendment 8 Alex Agius Saliba, Estrella Durá Ferrandis, Brando Benifei, Lina Gálvez Muñoz, Alicia Homs Ginel, Pierfrancesco Majorino, Klára Dobrev, Gabriele Bischoff, Milan Brglez, Manuel Pizarro, Evelyn Regner, Vilija Blinkevičiūtė, Elisabetta Gualmini, Marc Angel, Agnes Jongerius

Motion for a resolution Citation 13 a (new)

Motion for a resolution Amendment

— having regard to the Eurofound Working Paper entitled ‘The right to disconnect in the 27 EU Member aStates’1a, ______1a Eurofound (2020), The right to disconnect in the 27 EU Member States

Or. en

Amendment 9 Alex Agius Saliba, Pierfrancesco Majorino, Klára Dobrev, Gabriele Bischoff, Milan Brglez, Manuel Pizarro, Evelyn Regner, Vilija Blinkevičiūtė, Agnes Jongerius, Marc Angel, Elisabetta Gualmini, Estrella Durá Ferrandis, Brando Benifei, Lina Gálvez Muñoz, Alicia Homs Ginel

Motion for a resolution Citation 13 b (new)

Motion for a resolution Amendment

— having regard to European social

PE655.974v01-00 6/172 AM\1212000EN.docx EN partner framework agreements on telework (2002) and digitalisation (2020),

Or. en

Amendment 10 José Gusmão, Marc Botenga

Motion for a resolution Citation 16 a (new)

Motion for a resolution Amendment

— having regard to the revised European Social Charter of the Council of Europe, in particular Articles 2, 3, 6 and 27 thereof,

Or. en

Amendment 11 Estrella Durá Ferrandis, Lina Gálvez Muñoz, Alicia Homs Ginel

Motion for a resolution Citation 19 a (new)

Motion for a resolution Amendment

— having regard to CJEU judgment in Case C-518/15, according to which stand-by time of a worker at home who is obliged to respond to calls from the employer within a short period must be regarded as 'working time'1a, ______1a Judgment in Case C-518/15, 21 February 2018.

Or. en

Amendment 12 Petra De Sutter

AM\1212000EN.docx 7/172 PE655.974v01-00 EN Motion for a resolution Citation 19 a (new)

Motion for a resolution Amendment

— having regard to the European Social Partners Framework Agreement on Digitalisation, signed by the social partners on 22 June 2020,

Or. en

Amendment 13 Tomáš Zdechovský

Motion for a resolution Citation 19 a (new)

Motion for a resolution Amendment

— having regard the European Social Partners Framework Agreement on Digitalisation1a, ______1a https://www.businesseurope.eu/publicatio ns/european-social-partners-framework- agreement-digitalisation

Or. en

Amendment 14 Estrella Durá Ferrandis, Lina Gálvez Muñoz, Alicia Homs Ginel

Motion for a resolution Citation 19 b (new)

Motion for a resolution Amendment

— having regard to CJEU judgment in Case C-55/18, according to which Member States must require employers to set up a system enabling the duration of

PE655.974v01-00 8/172 AM\1212000EN.docx EN daily working time to be measured1a , ______1a Judgment in Case C-55/18, 14 May 2019.

Or. en

Amendment 15 Estrella Durá Ferrandis, Lina Gálvez Muñoz, Alicia Homs Ginel

Motion for a resolution Citation 19 c (new)

Motion for a resolution Amendment

— having regard to principle 5 of the European Pillar of Social Rights,

Or. en

Amendment 16 Miriam Lexmann

Motion for a resolution Recital A

Motion for a resolution Amendment

A. whereas there is currently no A. whereas there is currently no specific Union law on the worker’s right to specific Union law on the worker’s right to disconnect from digital tools, including disconnect from digital tools, including information and communication information and communication technology (ICT), for work purposes; technology (ICT), for work purposes, and whereas the situation in the Member States varies widely, with some Member States having specific legislation ensuring the right to disconnect and the others mostly omitting this subject;

Or. en

AM\1212000EN.docx 9/172 PE655.974v01-00 EN Amendment 17 Jordi Cañas

Motion for a resolution Recital A a (new)

Motion for a resolution Amendment

Aa. whereas there is currently no legislation at Union level on the minimum conditions required for telework; whereas a harmonised approach is envisaged as a means of strengthening workers' protection at Union level and deepening the consolidation of the internal market, by way of avoiding fragmentation and ensuring legal certainty;

Or. en

Amendment 18 Yana Toom

Motion for a resolution Recital A a (new)

Motion for a resolution Amendment

Aa. whereas there is currently no Union law defining telework and minimum requirements thereof;

Or. en

Amendment 19 Alex Agius Saliba, Manuel Pizarro, Evelyn Regner, Vilija Blinkevičiūtė, Elisabetta Gualmini, Marc Angel, Agnes Jongerius, Estrella Durá Ferrandis, Brando Benifei, Lina Gálvez Muñoz, Alicia Homs Ginel, Milan Brglez, Pierfrancesco Majorino, Klára Dobrev, Gabriele Bischoff

Motion for a resolution Recital B

PE655.974v01-00 10/172 AM\1212000EN.docx EN Motion for a resolution Amendment

B. whereas digitalisation has brought B. whereas digitalisation has brought many advantages to employers and many advantages to employers and workers, but also disadvantages, because it workers, including increased flexibility, can intensify work, extend working hours the potential to improve work-life balance, and increase the unpredictability of increased autonomy and reduced working hours, blurring the boundaries commuting times among others, but also between work and private life; has disadvantages; whereas the greater use of digital tools for work purposes has resulted in an ‘ever-connected’ or ‘always on culture’ which can intensify work and extend working hours, thus blurring the boundaries between work and private life;

Or. en

Amendment 20 Miriam Lexmann

Motion for a resolution Recital B

Motion for a resolution Amendment

B. whereas digitalisation has brought B. whereas digitalisation has brought many advantages to employers and many advantages to employers and workers, but also disadvantages, because it workers, but also disadvantages, because it can intensify work, extend working hours can intensify work, extend working hours and increase the unpredictability of and increase the unpredictability of working hours, blurring the boundaries working hours, blurring the boundaries between work and private life; between work and private life and thus normalise the expectation to be constantly on call;

Or. en

Amendment 21 Margarita de la Pisa Carrión

Motion for a resolution Recital C

AM\1212000EN.docx 11/172 PE655.974v01-00 EN Motion for a resolution Amendment

C. whereas the ever greater use of C. whereas the ever greater use of digital tools for work purposes has resulted digital tools for work purposes has resulted in an ‘ever-connected’ or ‘always on’ in an ‘ever-connected’ or ‘always on’ culture that can have detrimental effect on culture that can have positive effects, such workers’ fundamental rights, fair working as work not being restricted to fixed conditions, including a fair remuneration, working times, thereby allowing workers the limitation of working time and work- to arrange their work more flexibly, as life balance, and health and safety at work, well as detrimental effects in terms of as well as, because of their limiting work, work-life balance, and disproportionate impact on workers with health and safety at work; caring responsibilities, who tend to be women, equality between men and women;

Or. es

Amendment 22 Estrella Durá Ferrandis, Lina Gálvez Muñoz, Alicia Homs Ginel

Motion for a resolution Recital C

Motion for a resolution Amendment

C. whereas the ever greater use of C. whereas the ever greater use of digital tools for work purposes has resulted digital tools for work purposes has resulted in an ‘ever-connected’ or ‘always on’ in an ‘ever-connected’ or ‘always on’ culture that can have detrimental effect on culture that can have detrimental effect on workers’ fundamental rights, fair working workers’ fundamental rights, fair working conditions, including a fair remuneration, conditions, including a fair remuneration, the limitation of working time and work- the limitation of working time and work- life balance, and health and safety at work, life balance, physical and mental health as well as, because of their and safety at work, as well as, because of disproportionate impact on workers with their disproportionate impact on workers caring responsibilities, who tend to be with caring responsibilities, who tend to be women, equality between men and women; women, equality between men and women;

Or. en

Amendment 23 Miriam Lexmann

PE655.974v01-00 12/172 AM\1212000EN.docx EN Motion for a resolution Recital C

Motion for a resolution Amendment

C. whereas the ever greater use of C. whereas the ever greater use of digital tools for work purposes has resulted digital tools for work purposes has resulted in an ‘ever-connected’ or ‘always on’ in an ‘ever-connected’ or ‘always on’ culture that can have detrimental effect on culture that can have detrimental effect on workers’ fundamental rights, fair working workers’ fundamental rights, fair working conditions, including a fair remuneration, conditions, including a fair remuneration, the limitation of working time and work- the limitation of working time and work- life balance, and health and safety at work, life balance, health and safety at work, as well as, because of their mental well-being, as well as, because of disproportionate impact on workers with their disproportionate impact on workers caring responsibilities, who tend to be with caring responsibilities, who tend to be women, equality between men and women; women, equality between men and women;

Or. en

Amendment 24 Miriam Lexmann

Motion for a resolution Recital C a (new)

Motion for a resolution Amendment

Ca. whereas the digital society increases expectations to be digitally skilled in order to meet the current labour market demands; whereas those expectations can cause difficulties and stress to older workers or workers coming from disadvantaged backgrounds, who are not digitally skilled; whereas this problem is bigger among older people;

Or. en

Amendment 25 Anne Sander

Motion for a resolution Recital C a (new)

AM\1212000EN.docx 13/172 PE655.974v01-00 EN Motion for a resolution Amendment

Ca. whereas the use of digital tools for work purposes also allows for more flexibility that can improve the work-life balance, particularly in terms of less travelling time or being able to better adapt work to personal and family obligations;

Or. fr

Amendment 26 Anne Sander

Motion for a resolution Recital C b (new)

Motion for a resolution Amendment

Cb. whereas the use of such tools can therefore offer many advantages for workers and their employers;

Or. fr

Amendment 27 Eugen Tomac

Motion for a resolution Recital C a (new)

Motion for a resolution Amendment

Ca. whereas the demographic trends at present in Europe reveal an ageing population, reduced fertility rates and migration waves; whereas the absence of the right to disconnect can be one of the reasons why some families find no time to have and care for children;

Or. ro

PE655.974v01-00 14/172 AM\1212000EN.docx EN Amendment 28 Eugen Tomac

Motion for a resolution Recital C b (new)

Motion for a resolution Amendment

Cb. whereas ‘permanent connectedness’ can have an impact on family life, and a lack of time to focus on and really care for children can become a real impediment to raising them;

Or. ro

Amendment 29 Eugen Tomac

Motion for a resolution Recital D

Motion for a resolution Amendment

D. whereas the measures taken as a D. whereas the measures taken as a result of the COVID-19 crisis have result of the COVID-19 crisis have changed the way in which people work; changed the way in which people work; whereas over a third of Union workers whereas over a third of Union workers started working from home during the started working from home during the lockdown, compared to 5% who usually lockdown, compared to 5% who usually worked from home, and there was a worked from home, and there was a substantial increase in the use of digital substantial increase in the use of digital tools for work purposes; tools for work purposes; whereas the COVID-19 crisis has proven that, within this period, remote working has increased, and the boundary between work and free time has become increasingly blurred;

Or. ro

Amendment 30 Jordi Cañas

AM\1212000EN.docx 15/172 PE655.974v01-00 EN Motion for a resolution Recital D

Motion for a resolution Amendment

D. whereas the measures taken as a D. whereas the measures taken as a result of the COVID-19 crisis have result of the COVID-19 crisis have changed the way in which people work; changed the way in which people work and whereas over a third of Union workers have demonstrated the importance of started working from home during the digital solutions, including the use of lockdown, compared to 5 % who usually work-at-home schemes by companies, the worked from home, and there was a self-employed and public administration substantial increase in the use of digital bodies, across the Union; whereas over a tools for work purposes; third of Union workers started working from home during the lockdown, compared to 5 % who usually worked from home, and there was a substantial increase in the use of digital tools for work purposes;

Or. en

Amendment 31 Anne Sander

Motion for a resolution Recital D

Motion for a resolution Amendment

D. whereas the measures taken as a D. whereas the measures taken as a result of the COVID-19 crisis have result of the COVID-19 crisis have changed the way in which people work; changed the way in which people work; whereas over a third of Union workers whereas over a third of Union workers started working from home during the started working from home during the lockdown, compared to 5% who usually lockdown, compared to 5% who usually worked from home, and there was a worked from home, there was a substantial substantial increase in the use of digital increase in the use of digital tools for work tools for work purposes; purposes and, given the current circumstances, many businesses have retained some degree of remote working for their employees;

Or. fr

PE655.974v01-00 16/172 AM\1212000EN.docx EN Amendment 32 Petra De Sutter

Motion for a resolution Recital D

Motion for a resolution Amendment

D. whereas the measures taken as a D. whereas the measures taken as a result of the COVID-19 crisis have result of the COVID-19 crisis have changed the way in which people work; changed the way in which people work; whereas over a third of Union workers whereas over a third of Union workers started working from home during the started working from home during the lockdown, compared to 5 % who usually lockdown, compared to 5 % who usually worked from home, and there was a worked from home, and there was a substantial increase in the use of digital substantial increase in the use of digital tools for work purposes; tools for work purposes and whereas telework is expected to remain higher than before the COVID-19 crisis and is expected to increase;

Or. en

Amendment 33 Estrella Durá Ferrandis, Lina Gálvez Muñoz, Alicia Homs Ginel

Motion for a resolution Recital D

Motion for a resolution Amendment

D. whereas the measures taken as a D. whereas the measures taken as a result of the COVID-19 crisis have result of the COVID-19 crisis have changed the way in which people work; changed the way in which people work; whereas over a third of Union workers whereas, according to Eurofound, over a started working from home during the third of Union workers started working lockdown, compared to 5 % who usually from home during the lockdown, compared worked from home, and there was a to 5 % who usually worked from home, substantial increase in the use of digital and there was a substantial increase in the tools for work purposes; use of digital tools for work purposes;

Or. en

Amendment 34 Miriam Lexmann

AM\1212000EN.docx 17/172 PE655.974v01-00 EN Motion for a resolution Recital D a (new)

Motion for a resolution Amendment

Da. whereas, even though tools for digital work are usually provided, families with young children or with dependent relatives requiring care do not get practical support in order to manage both digital work and care responsibilities; whereas only real practical support to those categories of workers, including single parents and bigger families, can bring an efficient balance;

Or. en

Amendment 35 Petra De Sutter

Motion for a resolution Recital D a (new)

Motion for a resolution Amendment

Da. whereas the fallout of the COVID- 19 crisis has taken a higher toll on women, both economically and domestically, whereas teleworking in a time of social distancing and lockdown is proving to be burdensome for many working mothers as they juggle work, home-schooling and care, particularly women with small children;

Or. en

Amendment 36 Miriam Lexmann

Motion for a resolution Recital E

PE655.974v01-00 18/172 AM\1212000EN.docx EN Motion for a resolution Amendment

E. whereas the right to disconnect E. whereas the right to disconnect should be a fundamental right and an should be a right which is an inseparable important social policy objective to ensure part of the new working patterns in the protection of the rights of all workers in new digital era; whereas that right should the new digital era; be seen as an important social policy objective to ensure protection of the rights of all workers;

Or. en

Amendment 37 José Gusmão, Marc Botenga

Motion for a resolution Recital E

Motion for a resolution Amendment

E. whereas the right to disconnect E. whereas the right to disconnect should be a fundamental right and an should be a fundamental right and an important social policy objective to ensure important social policy objective at Union protection of the rights of all workers in the level to ensure protection of the rights of new digital era; all workers in the new digital era;

Or. en

Amendment 38 Petra De Sutter

Motion for a resolution Recital E

Motion for a resolution Amendment

E. whereas the right to disconnect E. whereas the right to disconnect is a should be a fundamental right and an fundamental right and an important social important social policy objective to ensure policy objective to ensure protection of the protection of the rights of all workers in the rights of all workers in the new digital era; new digital era;

Or. en

AM\1212000EN.docx 19/172 PE655.974v01-00 EN Amendment 39 Elena Lizzi

Motion for a resolution Recital E

Motion for a resolution Amendment

E. whereas the right to disconnect E. whereas the right to disconnect should be a fundamental right and an should be an important social policy important social policy objective to ensure objective to ensure protection of the rights protection of the rights of all workers in the of all workers in the new digital era; new digital era;

Or. it

Amendment 40 Petra De Sutter

Motion for a resolution Recital E a (new)

Motion for a resolution Amendment

Ea. whereas technological advances have added a new layer of complexity to monitoring and surveillance in the workplace; whereas the use of intrusive digital technologies in the workplace is to some extent addressed and regulated only in some Member states; whereas Article 8 of the European Convention of Human Rights (ECHR) states that ‘everyone has the right to the protection of personal data concerning him or her’[BR1]; and whereas this has been used across national jurisdictions to protect employees’ privacy in the employment context; whereas Article 8 ECHR and the implementation of the GDPR should ensure that the employee receive adequate information on the scope and nature of the monitoring and surveillance and that the employer is required to justify the measures and minimize their impact by

PE655.974v01-00 20/172 AM\1212000EN.docx EN deploying the least intrusive methods;

Or. en

Amendment 41 Elżbieta Rafalska, Beata Szydło, Anna Zalewska

Motion for a resolution Recital E a (new)

Motion for a resolution Amendment

Ea. whereas the Eurofound study stating that 27% of respondents working from home reported that they had worked in their free time to meet work demands1a; ______1a https://www.eurofound.europa.eu/publicat ions/blog/covid-19-unleashed-the- potential-for-telework-how-are-workers- coping.

Or. pl

Amendment 42 Estrella Durá Ferrandis, Lina Gálvez Muñoz, Alicia Homs Ginel

Motion for a resolution Recital E a (new)

Motion for a resolution Amendment

Ea. whereas women have been far more affected by the COVID-19 pandemic than men due to their predominant or still traditional role of home and family carers;

Or. en

AM\1212000EN.docx 21/172 PE655.974v01-00 EN Amendment 43 Estrella Durá Ferrandis, Lina Gálvez Muñoz, Alicia Homs Ginel

Motion for a resolution Recital E b (new)

Motion for a resolution Amendment

Eb. whereas, according to the WHO, globally, more than 300 million people suffer from depression and common mental disorders related to work and 38.2% of the EU population suffer from a mental disorder each year 1a 1b; 1a https://apps.who.int/iris/bitstream/handle/ 10665/254610/WHO-MSD-MER-2017.2- eng.pdf 1bhttps://ec.europa.eu/health/sites/health/f iles/mental_health/docs/compass_2017wo rkplace_en.pdf

Or. en

Amendment 44 Estrella Durá Ferrandis, Lina Gálvez Muñoz, Alicia Homs Ginel

Motion for a resolution Recital E c (new)

Motion for a resolution Amendment

Ec. whereas intrusive characteristics of the technology can aggravate phenomena such as isolation, techno- addiction, sleep deprivation, emotional exhaustion, anxiety and burnout, creating a poor quality of life;

Or. en

Amendment 45 Estrella Durá Ferrandis, Lina Gálvez Muñoz, Alicia Homs Ginel

PE655.974v01-00 22/172 AM\1212000EN.docx EN Motion for a resolution Recital E d (new)

Motion for a resolution Amendment

Ed. whereas monotonous repetitive manipulations with or without an object over long periods of time may lead to musculoskeletal disorders;

Or. en

Amendment 46 Estrella Durá Ferrandis, Lina Gálvez Muñoz, Alicia Homs Ginel

Motion for a resolution Recital E e (new)

Motion for a resolution Amendment

Ee. whereas the digital transition offers economic and societal benefits as well as new opportunities for businesses and workers, while at the same time giving rise to a number of ethical, legal and employment related challenges; the digital transition should have a positive impact on working conditions and be guided by respect for human rights as well as the fundamental rights and values of the Union;

Or. en

Amendment 47 Estrella Durá Ferrandis, Lina Gálvez Muñoz, Alicia Homs Ginel

Motion for a resolution Recital E f (new)

Motion for a resolution Amendment

Ef. whereas workers’ data collection and artificial intelligence applications in the workplace and for labour

AM\1212000EN.docx 23/172 PE655.974v01-00 EN management go beyond accumulation and aggregation, including predicting, measuring, reporting and analysing employee potential and performance, making it more difficult for workers to effectively exercise their right to disconnect, either because of direct surveillance or by encouraging workers to adopt self-tracking software or devices, because of power imbalances within labour relations or because managers appeal to people’s tendency towards competitiveness as a method to overcome resistance to the adaptation of technologies that make it difficult for workers to disconnect from work;

Or. en

Amendment 48 Estrella Durá Ferrandis, Lina Gálvez Muñoz, Alicia Homs Ginel

Motion for a resolution Recital E g (new)

Motion for a resolution Amendment

Eg. whereas in recent years many new forms of workspace and work performance surveillance are being used more intensively, allowing companies and the software they are using to track many aspects of human biological activities, or conditions of their working and living environments which did not exist previously, providing information for real-time analytics and prediction to business managers on workers surveillance, risking workers’ right to disconnect;

Or. en

Amendment 49 Sara Skyttedal

PE655.974v01-00 24/172 AM\1212000EN.docx EN Motion for a resolution Paragraph 1

Motion for a resolution Amendment

1. Stresses that digital tools, including 1. Stresses that digital tools, including ICT, for work purposes have increased ICT, for work purposes have increased flexibility with regard to the time, place flexibility with regard to the time, place and manner in which work can be and manner in which work can be performed and workers can be reached; performed and workers can be reached; highlights the fact that flexibility has been widely welcomed by a majority of workers, creating a better work-life balance and easing everyday life for individuals as well as families; notes that the needs of workers differ greatly; emphasises in this regard the importance of developing frameworks at workplace level in order to enhance personal flexibility while safeguarding the right to private life;

Or. en

Amendment 50 Estrella Durá Ferrandis, Lina Gálvez Muñoz, Alicia Homs Ginel

Motion for a resolution Paragraph 1

Motion for a resolution Amendment

1. Stresses that digital tools, including 1. Stresses that digital tools, including ICT, for work purposes have increased ICT, for work purposes have increased flexibility with regard to the time, place flexibility with regard to the time, place and manner in which work can be and manner in which work can be performed and workers can be reached; performed and workers can be reached (even outside of their working hours) in a labour context characterised by a lack of legal regulation, trade unions presence, collective bargaining agreements and by the proliferation of non-standard or atypical forms of employment arrangements;

Or. en

AM\1212000EN.docx 25/172 PE655.974v01-00 EN Amendment 51 Anne Sander

Motion for a resolution Paragraph 1 a (new)

Motion for a resolution Amendment

1a. Highlights that the use of these new tools can therefore be an asset to employers and to workers in terms of more flexibility, less travelling time, and sometimes easier management of their personal and family obligations;

Or. fr

Amendment 52 Sara Skyttedal

Motion for a resolution Paragraph 1 a (new)

Motion for a resolution Amendment

1a. Believes that the social partners at sectorial or company level are best suited to put in place flexible frameworks, which promote personal flexibility and the protection of workers’ rights; calls in this regard on the Member States to promote such frameworks;

Or. en

Amendment 53 Petra De Sutter

Motion for a resolution Paragraph 2

PE655.974v01-00 26/172 AM\1212000EN.docx EN Motion for a resolution Amendment

2. Highlights that constant 2. Highlights that constant connectivity combined with high job connectivity combined with high job demands and the rising expectation that demands and the rising expectation that workers are reachable at any time can workers are reachable at any time can negatively affect workers’ fundamental negatively affect workers’ fundamental rights and their physical and mental health rights and their physical and mental health and well-being; and well-being; stresses the fact that according to evidence from Eurofound’s EWCS survey, twice as many regular teleworkers report working in excess of the 48 hours stipulated in Union law and resting for less than 11 hours between working days compared to those working on the employers’ premises; notes that almost 30% of such teleworkers report working in their free time every day or several times a week, compared to below 5% of ‘office’ based workers; notes with great concern that according to the same findings, regular teleworkers are also more likely to report suffering from work- related stress and being affected by sleep disorders; underlines that other effects on health of regular home-based telework and high mobile workers are headaches and eyestrain, fatigue, anxiety and musculoskeletal disorders.

Or. en

Amendment 54 Miriam Lexmann

Motion for a resolution Paragraph 2

Motion for a resolution Amendment

2. Highlights that constant 2. Notes that this development might connectivity combined with high job be, when used correctly, a way for demands and the rising expectation that workers to better organise their working workers are reachable at any time can time and working tasks, effectively negatively affect workers’ fundamental combining their digital work with the care rights and their physical and mental health responsibilities; highlights however, that

AM\1212000EN.docx 27/172 PE655.974v01-00 EN and well-being; if not used correctly, the constant connectivity combined with high job demands and the rising expectation that workers are reachable at any time can negatively affect workers’ fundamental rights and their physical and mental health and well-being;

Or. en

Amendment 55 Margarita de la Pisa Carrión

Motion for a resolution Paragraph 2

Motion for a resolution Amendment

Or. es

Amendment 56 Sylvie Brunet, Véronique Trillet-Lenoir, Marie-Pierre Vedrenne, Ilana Cicurel

Motion for a resolution Paragraph 2

Motion for a resolution Amendment

PE655.974v01-00 28/172 AM\1212000EN.docx EN rights and their physical and mental health rights, their work-life balance, and their and well-being; physical and mental health and well-being;

Or. fr

Amendment 57 Anne Sander

Motion for a resolution Paragraph 2

Motion for a resolution Amendment

Or. fr

Amendment 58 Eugen Tomac

Motion for a resolution Paragraph 2

Motion for a resolution Amendment

Or. ro

AM\1212000EN.docx 29/172 PE655.974v01-00 EN Amendment 59 Petra De Sutter

Motion for a resolution Paragraph 2 a (new)

Motion for a resolution Amendment

2a. Acknowledges that the effective recording of working time can contribute to respecting contractual working time; stresses that, while it is important that working time is recorded for the purposes of ensuring agreed hours and legal limits are not exceeded, attention must be paid to effectiveness, given that regulations on this matter exist only in a few Member States;

Or. en

Amendment 60 Tomáš Zdechovský

Motion for a resolution Paragraph 2 a (new)

Motion for a resolution Amendment

2a. Recalls that constant connectivity is not only a work-related issue as excessive use of digital devices and tools in personal life can influence physical and mental well-being as well;

Or. en

Amendment 61 Sylvie Brunet, Véronique Trillet-Lenoir, Marie-Pierre Vedrenne, Ilana Cicurel

Motion for a resolution Paragraph 3

PE655.974v01-00 30/172 AM\1212000EN.docx EN Motion for a resolution Amendment

3. Notes that ‘an increasing body of 3. Notes that ‘an increasing body of evidence underlines that the effects of a evidence underlines that the effects of a reduction of regular long working hours delimitation of working hours, some include positive impacts on workers’ flexibility in the organisation of working physical and mental health, improved time combined with active measures to workplace safety and increased labour improve well-being at work include productivity due to reduced fatigue and positive impacts on workers’ physical and stress, higher levels of employee job mental health, improved workplace safety satisfaction and motivation and lower rates and increased labour productivity due to of absenteeism’10; reduced fatigue and stress, higher levels of employee job satisfaction and motivation and lower rates of absenteeism’10; ______10 Messenger, ILO, quoted in the European 10 Messenger, ILO, quoted in the European Added Value Assessment study of the Added Value Assessment study of the European Added Value Unit of the European Added Value Unit of the European Parliament Research Service European Parliament Research Service (EPRS) entitled ‘The right to disconnect’ (EPRS) entitled ‘The right to disconnect’ (PE 642.847, July 2020): (PE 642.847, July 2020): https://www.europarl.europa.eu/RegData/et https://www.europarl.europa.eu/RegData/et udes/BRIE/2020/642847/EPRS_BRI(2020) udes/BRIE/2020/642847/EPRS_BRI(2020) 642847_EN.pdf 642847_EN.pdf

Or. fr

Amendment 62 Anne Sander

Motion for a resolution Paragraph 3

Motion for a resolution Amendment

AM\1212000EN.docx 31/172 PE655.974v01-00 EN ______10 Messenger, ILO, quoted in the European 10 Messenger, ILO, quoted in the European Added Value Assessment study of the Added Value Assessment study of the European Added Value Unit of the European Added Value Unit of the European Parliament Research Service European Parliament Research Service (EPRS) entitled ‘The right to disconnect’ (EPRS) entitled ‘The right to disconnect’ (PE 642.847, July 2020): (PE 642.847, July 2020): https://www.europarl.europa.eu/RegData/et https://www.europarl.europa.eu/RegData/et udes/BRIE/2020/642847/EPRS_BRI(2020) udes/BRIE/2020/642847/EPRS_BRI(2020) 642847_EN.pdf 642847_EN.pdf

Or. fr

Amendment 63 Anne Sander

Motion for a resolution Paragraph 4

Motion for a resolution Amendment

4. Acknowledges the importance of 4. Acknowledges the importance of using digital tools for work purposes using digital tools for work purposes properly and efficiently, with care to avoid properly and efficiently, for both workers any infringement of workers’ rights to fair and employers, with care to avoid any working conditions, including a fair infringement of workers’ rights to fair remuneration, the limitation of working working conditions, including a fair time and work-life balance, as well as remuneration, the limitation of working health and safety at work; time and work-life balance, as well as health and safety at work;

Or. fr

Amendment 64 Sylvie Brunet, Véronique Trillet-Lenoir, Marie-Pierre Vedrenne, Ilana Cicurel

Motion for a resolution Paragraph 4

Motion for a resolution Amendment

PE655.974v01-00 32/172 AM\1212000EN.docx EN any infringement of workers’ rights to fair care to avoid any infringement of workers’ working conditions, including a fair rights to fair working conditions, including remuneration, the limitation of working a fair remuneration, the limitation of time and work-life balance, as well as working time and work-life balance, as health and safety at work; well as health and safety at work;

Or. fr

Amendment 65 Elżbieta Rafalska, Beata Szydło, Anna Zalewska

Motion for a resolution Paragraph 5

Motion for a resolution Amendment

5. Believes that interruptions of 5. Believes that interruptions of workers’ non-working time increase the workers’ non-working time increase the risk of unremunerated overtime, have a risk of unremunerated overtime, may lead negative impact on their work-life balance, to decreased work productivity, have a prevent them from properly recovering negative impact on their work-life balance, from work, and increase the risk of prevent them from properly recovering psychosocial and physical problems, such from work, and increase the risk of as anxiety, depression and burnout; psychosocial and physical problems, such as anxiety, depression, burnout and technostress;

Or. pl

Amendment 66 Margarita de la Pisa Carrión

Motion for a resolution Paragraph 5

Motion for a resolution Amendment

5. Believes that interruptions of 5. Believes that interruptions of workers’ non-working time increase the workers’ non-working time increase the risk of unremunerated overtime, have a risk of unremunerated overtime in certain negative impact on their work-life balance, types of work and have a negative impact prevent them from properly recovering on their work-life balance, preventing from work, and increase the risk of them from properly recovering from work, psychosocial and physical problems, such and increasing the risk of psychosocial and physical problems, such as anxiety,

AM\1212000EN.docx 33/172 PE655.974v01-00 EN as anxiety, depression and burnout; depression and burnout;

Or. es

Amendment 67 Petra De Sutter

Motion for a resolution Paragraph 5

Motion for a resolution Amendment

5. Believes that interruptions of 5. Believes that interruptions of workers’ non-working time increase the workers’ non-working time increase the risk of unremunerated overtime, have a risk of health and safety at work, negative impact on their work-life balance, unremunerated overtime, have a negative prevent them from properly recovering impact on their work-life balance, prevent from work, and increase the risk of them from properly recovering from work, psychosocial and physical problems, such and increase the risk of psychosocial and as anxiety, depression and burnout; physical problems, such as anxiety, depression and burnout;

Or. en

Amendment 68 Alex Agius Saliba, Marc Angel, Agnes Jongerius, Estrella Durá Ferrandis, Brando Benifei, Lina Gálvez Muñoz, Alicia Homs Ginel, Milan Brglez, Pierfrancesco Majorino, Klára Dobrev, Gabriele Bischoff, Manuel Pizarro, Vilija Blinkevičiūtė, Evelyn Regner, Elisabetta Gualmini

Motion for a resolution Paragraph 5

Motion for a resolution Amendment

5. Believes that interruptions of 5. Believes that interruptions of workers’ non-working time increase the workers’ non-working time and extended risk of unremunerated overtime, have a working hours increase the risk of negative impact on their work-life balance, unremunerated overtime, have a negative prevent them from properly recovering impact on their work-life balance, prevent from work, and increase the risk of them from properly recovering from work, psychosocial and physical problems, such and increase the risk of psychosocial and as anxiety, depression and burnout; physical problems, such as anxiety, depression and burnout;

PE655.974v01-00 34/172 AM\1212000EN.docx EN Or. en

Amendment 69 Estrella Durá Ferrandis, Lina Gálvez Muñoz, Alicia Homs Ginel

Motion for a resolution Paragraph 5

Motion for a resolution Amendment

5. Believes that interruptions of 5. Believes that interruptions of workers’ non-working time increase the workers’ non-working time increase the risk of unremunerated overtime, have a risk of unremunerated overtime, have a negative impact on their work-life balance, negative impact on their work-life balance, prevent them from properly recovering prevent them from properly recovering from work, and increase the risk of from work, and increase the risk of psychosocial and physical problems, such psychosocial, mental and physical as anxiety, depression and burnout; problems, such as anxiety, depression and burnout;

Or. en

Amendment 70 Elena Lizzi

Motion for a resolution Paragraph 5 a (new)

Motion for a resolution Amendment

5a. Underlines the importance of establishing the criteria for determining how remuneration for work performed outside working hours is to be calculated;

Or. it

Amendment 71 José Gusmão, Marc Botenga

Motion for a resolution Paragraph 6

AM\1212000EN.docx 35/172 PE655.974v01-00 EN Motion for a resolution Amendment

6. Acknowledges Eurofound findings 6. Acknowledges Eurofound findings that show that people who work from which show that people who regularly home are more prone to working longer work from home are more than twice as and more irregular hours; stresses that the likely to work in excess of the 48 hours number of workers in the Union reporting per week provided by Union law and at long working hours or who are unable to risk of resting for less than 11 hours benefit from non-working time is between working days compared to those increasing; working on the employers’ premises; highlights that almost 30% of such teleworkers report working in their free time every day or several times a week, compared to below 5% of ‘office’ based workers and that teleworkers are also more likely to work irregular hours; stresses that the number of home-based workers in the Union reporting long working hours or who are unable to benefit from non-working time is increasing;

Or. en

Amendment 72 Alex Agius Saliba, Lina Gálvez Muñoz, Alicia Homs Ginel, Milan Brglez, Pierfrancesco Majorino, Klára Dobrev, Gabriele Bischoff, Manuel Pizarro, Vilija Blinkevičiūtė, Evelyn Regner, Elisabetta Gualmini, Marc Angel, Agnes Jongerius, Estrella Durá Ferrandis, Brando Benifei

Motion for a resolution Paragraph 6

Motion for a resolution Amendment

6. Acknowledges Eurofound findings 6. Acknowledges Eurofound findings that show that people who work from which show that people who regularly home are more prone to working longer work from home are more than twice as and more irregular hours; stresses that the likely to work in excess of the 48 hours number of workers in the Union reporting per week provided by Union law and rest long working hours or who are unable to for less than 11 hours between working benefit from non-working time is days compared to those working on the increasing; employers’ premises; highlights that almost 30% of such teleworkers report working in their free time every day or several times a week, compared to below 5% of ‘office’ based workers and that

PE655.974v01-00 36/172 AM\1212000EN.docx EN teleworkers are also more likely to work irregular hours; stresses that the number of home-based workers in the Union reporting long working hours or who are unable to benefit from non-working time is increasing;

Or. en

Amendment 73 Estrella Durá Ferrandis, Lina Gálvez Muñoz, Alicia Homs Ginel

Motion for a resolution Paragraph 6

Motion for a resolution Amendment

6. Acknowledges Eurofound findings 6. Acknowledges Eurofound findings that show that people who work from home that show that people who work from home are more prone to working longer and more are more prone to working longer and more irregular hours; stresses that the number of irregular hours; stresses that the number of workers in the Union reporting long workers in the Union reporting long working hours or who are unable to benefit working hours or who are unable to benefit from non-working time is increasing; from non-working time is increasing and calls on the Commission and Member States to improve research and data collection to have a detailed assessment of the problems related to the right to disconnect;

Or. en

Amendment 74 Elżbieta Rafalska, Beata Szydło, Anna Zalewska

Motion for a resolution Paragraph 6 a (new)

Motion for a resolution Amendment

6a. Points out that the use of digital tools for extended periods of time may cause a lack of concentration and emotional difficulties, which have an impact on all family members; recalls that

AM\1212000EN.docx 37/172 PE655.974v01-00 EN the International Agency for Research on Cancer has classified RF radiation as carcinogenic; points out that pregnant women are at particular risk;

Or. pl

Amendment 75 Sara Skyttedal

Motion for a resolution Paragraph 6 a (new)

Motion for a resolution Amendment

6a. Takes note of Eurofound’s predictions that workers in the aftermath of the COVID-19 crisis are “likely to experience benefits such as increased flexibility to manage the needs of work and family life, more autonomy and improved productivity”;

Or. en

Amendment 76 Miriam Lexmann

Motion for a resolution Paragraph 6 a (new)

Motion for a resolution Amendment

6a. Recognises that with correct use, digital working can increase overall satisfaction of the employee and enable him or her to schedule the work at his or her convenience;

Or. en

Amendment 77 Jordi Cañas

PE655.974v01-00 38/172 AM\1212000EN.docx EN Motion for a resolution Paragraph 7

Motion for a resolution Amendment

7. Reiterates that the combination of 7. Reiterates that the combination of long working hours and higher demands on long working hours and higher demands on people working from home during the people working from home during the COVID-19 crisis is likely to pose higher COVID-19 crisis is likely to pose higher than expected risks for workers, with a than expected risks for workers, especially negative impact on the quality of their women and youth, with a negative impact working time and their work-life balance; on the quality of their working time and their work-life balance; considers however that regulating work-at-home schemes would contribute to enhancing work-life balance, reducing CO2 emissions related to the daily commute, promoting productivity and increasing employment opportunities, particularly for people with disabilities, and may serve as a tool to tackle rural depopulation;

Or. en

Amendment 78 Nicolaus Fest, Guido Reil

Motion for a resolution Paragraph 7

Motion for a resolution Amendment

7. Reiterates that the combination of 7. Reiterates that the combination of long working hours and higher demands on long working hours and higher demands on people working from home during the people working from home during the COVID-19 crisis is likely to pose higher COVID-19 crisis might eventually pose than expected risks for workers, with a higher than expected risks for workers, negative impact on the quality of their with a negative impact on the quality of working time and their work-life balance; their working time and their work-life balance; acknowledges, however, that there are also many social and financial benefits of working from home and considers that the pandemic has provided an ideal opportunity for the European institutions to reduce budgetary

AM\1212000EN.docx 39/172 PE655.974v01-00 EN expenditure on office space;

Or. en

Amendment 79 Alex Agius Saliba, Klára Dobrev, Gabriele Bischoff, Manuel Pizarro, Vilija Blinkevičiūtė, Evelyn Regner, Elisabetta Gualmini, Marc Angel, Agnes Jongerius, Estrella Durá Ferrandis, Brando Benifei, Milan Brglez, Lina Gálvez Muñoz, Alicia Homs Ginel, Pierfrancesco Majorino

Motion for a resolution Paragraph 7

Motion for a resolution Amendment

7. Reiterates that the combination of 7. Reiterates that albeit instrumental long working hours and higher demands on in helping to safeguard employment people working from home during the during the COVID-19 crisis, increased COVID-19 crisis is likely to pose higher home working can pose risks and hazards than expected risks for workers, with a for workers because of the combination of negative impact on the quality of their long working hours and higher demands on working time and their work-life balance; people working from home, with a negative impact on the quality of their working time and their work-life balance; stresses moreover that with an expansion of teleworking predicted in the longer term, the importance of addressing these issues increases;

Or. en

Amendment 80 Sara Skyttedal

Motion for a resolution Paragraph 7

Motion for a resolution Amendment

PE655.974v01-00 40/172 AM\1212000EN.docx EN working time and their work-life balance; working time and their work-life balance; highlights that the possibility of teleworking during the COVID-19 crisis has saved businesses, ensuring their continuity, as well as many people’s jobs;

Or. en

Amendment 81 Margarita de la Pisa Carrión

Motion for a resolution Paragraph 7

Motion for a resolution Amendment

7. Reiterates that the combination of 7. Reiterates that the combination of long working hours and higher demands on long working hours and higher demands on people working from home during the people working from home during the COVID-19 crisis is likely to pose higher COVID-19 crisis is likely to pose higher than expected risks for workers, with a than expected risks for workers, with a negative impact on the quality of their negative impact on the quality of their working time and their work-life balance; working time and their work-life balance; however, it can also prove beneficial by increasing efficiency and excellence in the performance of work;

Or. es

Amendment 82 Miriam Lexmann

Motion for a resolution Paragraph 7

Motion for a resolution Amendment

7. Reiterates that the combination of 7. Reiterates that the combination of long working hours and higher demands long working hours, higher demands on on people working from home during the people working from home, especially COVID-19 crisis is likely to pose higher those with caring responsibilities, than expected risks for workers, with a including people providing home negative impact on the quality of their schooling or care to children or working time and their work-life balance; dependent relatives, during the COVID-19 crisis is likely to pose higher than expected

AM\1212000EN.docx 41/172 PE655.974v01-00 EN risks for workers, with a negative impact on the quality of their working time and their work-life balance;

Or. en

Amendment 83 José Gusmão, Marc Botenga

Motion for a resolution Paragraph 7

Motion for a resolution Amendment

Or. en

Amendment 84 Estrella Durá Ferrandis, Lina Gálvez Muñoz, Alicia Homs Ginel

Motion for a resolution Paragraph 7

Motion for a resolution Amendment

Or. en

PE655.974v01-00 42/172 AM\1212000EN.docx EN Amendment 85 Elżbieta Rafalska, Beata Szydło, Anna Zalewska

Motion for a resolution Paragraph 7

Motion for a resolution Amendment

Or. pl

Amendment 86 Elżbieta Rafalska, Beata Szydło, Anna Zalewska

Motion for a resolution Paragraph 7 a (new)

Motion for a resolution Amendment

7a. Highlights the difficulties that arise when work is not tied to a specific place and when connectivity to work is constant, when the line between work and home becomes blurred, and when work spills into family time;

Or. pl

Amendment 87 Elżbieta Rafalska, Beata Szydło, Anna Zalewska

Motion for a resolution Paragraph 7 b (new)

AM\1212000EN.docx 43/172 PE655.974v01-00 EN Motion for a resolution Amendment

7b. Stresses that people who telework from home are more likely to experience sleep disorders, for example, related to irregular working time patterns, stress and exposure to the light of digital screens, and notes that headache and eye strain are also more common among these workers; acknowledges the findings by Eurofound indicating that regular home-based telework can take a physical toll on workers, since workspaces set up ad hoc in the home as well as laptops and other ICT equipment may not meet ergonomic standards; notes that this can lead to constrained or poor postures, which puts teleworkers at risk of developing musculoskeletal disorders;

Or. pl

Amendment 88 Sara Skyttedal

Motion for a resolution Paragraph 8

Motion for a resolution Amendment

8. Stresses that workers’ right to 8. Stresses that workers’ right to health and safety at work is key to the right health and safety at work is key to the right to disconnect in protecting workers’ to disconnect in protecting workers’ physical and mental health and well-being physical and mental health and well-being and protecting them from psychosocial and protecting them from psychosocial risks; reiterates the importance of risks; reiterates the importance of mental implementing psychosocial risk health promotion and mental disorder assessments at company level; prevention at the workplace, creating better conditions for employees as well as employers;

Or. en

PE655.974v01-00 44/172 AM\1212000EN.docx EN Amendment 89 Estrella Durá Ferrandis, Lina Gálvez Muñoz, Alicia Homs Ginel

Motion for a resolution Paragraph 8

Motion for a resolution Amendment

8. Stresses that workers’ right to 8. Stresses that workers’ right to health and safety at work is key to the right health and safety at work is key to the right to disconnect in protecting workers’ to disconnect in protecting workers’ physical and mental health and well-being physical and mental health and well-being and protecting them from psychosocial and protecting them from psychosocial risks; reiterates the importance of risks; reiterates the importance of implementing psychosocial risk implementing psychosocial risk assessments at company level; assessments at private and public company level;

Or. en

Amendment 90 Alex Agius Saliba, Evelyn Regner, Elisabetta Gualmini, Marc Angel, Agnes Jongerius, Estrella Durá Ferrandis, Brando Benifei, Milan Brglez, Lina Gálvez Muñoz, Alicia Homs Ginel, Pierfrancesco Majorino, Klára Dobrev, Gabriele Bischoff, Manuel Pizarro, Vilija Blinkevičiūtė

Motion for a resolution Paragraph 8

Motion for a resolution Amendment

8. Stresses that workers’ right to 8. Stresses that workers’ right to health and safety at work is key to the disconnect is key to protecting their right to disconnect in protecting workers’ physical and mental health and well-being physical and mental health and well-being and to protecting them from psychological and protecting them from psychosocial risk, thus ensuring their right to health risks; reiterates the importance of and safety at work; reiterates the implementing psychosocial risk importance of implementing psychosocial assessments at company level; risk assessments at company level;

Or. en

Amendment 91 Elżbieta Rafalska, Beata Szydło, Anna Zalewska

AM\1212000EN.docx 45/172 PE655.974v01-00 EN Motion for a resolution Paragraph 8

Motion for a resolution Amendment

8. Stresses that workers’ right to 8. Stresses that workers’ right to health and safety at work is key to the right health and safety at work is key to the right to disconnect in protecting workers’ to disconnect in protecting the physical and physical and mental health and well-being mental health and well-being of workers and protecting them from psychosocial and their families, and protecting them risks; reiterates the importance of from psychosocial risks; reiterates the implementing psychosocial risk importance of implementing psychosocial assessments at company level; risk assessments at company level;

Or. pl

Amendment 92 Elena Lizzi

Motion for a resolution Paragraph 8 a (new)

Motion for a resolution Amendment

8a. Emphasises the importance of the principle of equality between men and women in light of the disproportionate impact of such tools on workers with caring responsibilities, who tend to be women; underlines the risk of aggravating the already critical situation of women’s employment, since women perform a greater share of parenting and household work;

Or. it

Amendment 93 Nicolaus Fest, Guido Reil

Motion for a resolution Paragraph 9

PE655.974v01-00 46/172 AM\1212000EN.docx EN Motion for a resolution Amendment

9. Acknowledges that the right to 9. Acknowledges that the right to disconnect is not explicitly regulated in disconnect is not explicitly regulated in Union law; recalls that a number of Union law and should remain so; recalls Member States have taken steps to regulate that a number of Member States have taken the use of digital tools for work purposes in steps to regulate the use of digital tools for order to provide safeguards and protection work purposes in order to provide to workers; safeguards and protection to workers and therefore firmly rejects the need for legislation at a Union level; considers this proposal to be counterproductive to the Commission's goal to cut red tape for businesses and against the principle of establishing a competitive labour market;

Or. en

Amendment 94 Estrella Durá Ferrandis, Lina Gálvez Muñoz, Alicia Homs Ginel

Motion for a resolution Paragraph 9

Motion for a resolution Amendment

9. Acknowledges that the right to 9. Acknowledges that the right to disconnect is not explicitly regulated in disconnect is not explicitly regulated in Union law; recalls that a number of Union law; recalls that a number of Member States have taken steps to regulate Member States have taken steps to regulate the use of digital tools for work purposes in the use of digital tools for work purposes in order to provide safeguards and protection order to provide safeguards and protection to workers; to workers; calls on the Commission to coordinate those national measures to ensure common working conditions without detriment to social rights and mobility within the Union;

Or. en

Amendment 95 Tomáš Zdechovský

AM\1212000EN.docx 47/172 PE655.974v01-00 EN Motion for a resolution Paragraph 9

Motion for a resolution Amendment

9. Acknowledges that the right to 9. Acknowledges that the right to disconnect is not explicitly regulated in disconnect is not explicitly regulated in Union law; recalls that a number of Union law; recalls, however, that Member States have taken steps to regulate according to current legislation, workers the use of digital tools for work purposes in are not required to be available to the order to provide safeguards and protection employer constantly and without to workers; interruption; recalls that a number of Member States have taken steps to regulate the use of digital tools for work purposes in order to provide safeguards and protection to workers;

Or. en

Amendment 96 Miriam Lexmann

Motion for a resolution Paragraph 9

Motion for a resolution Amendment

9. Acknowledges that the right to 9. Acknowledges that the right to disconnect is not explicitly regulated in disconnect is not explicitly regulated in Union law; recalls that a number of Union law; recalls that a number of Member States have taken steps to regulate Member States have taken steps to regulate the use of digital tools for work purposes in the use of digital tools for work purposes in order to provide safeguards and protection order to provide safeguards and protection to workers; to workers; encourages the Member States to exchange the best practices in this matter;

Or. en

Amendment 97 José Gusmão, Marc Botenga

Motion for a resolution Paragraph 9

PE655.974v01-00 48/172 AM\1212000EN.docx EN Motion for a resolution Amendment

9. Acknowledges that the right to 9. Acknowledges that the right to disconnect is not explicitly regulated in disconnect is not explicitly regulated in Union law; recalls that a number of Union law; recalls that a number of Member States have taken steps to regulate Member States and the social partners the use of digital tools for work purposes in have taken steps to regulate in law and/or order to provide safeguards and protection collective agreements the use of digital to workers; tools for work purposes in order to provide safeguards and protection to workers;

Or. en

Amendment 98 Alex Agius Saliba, Estrella Durá Ferrandis, Brando Benifei, Milan Brglez, Lina Gálvez Muñoz, Alicia Homs Ginel, Pierfrancesco Majorino, Klára Dobrev, Gabriele Bischoff, Manuel Pizarro, Vilija Blinkevičiūtė, Evelyn Regner, Elisabetta Gualmini, Marc Angel, Agnes Jongerius

Motion for a resolution Paragraph 9

Motion for a resolution Amendment

9. Acknowledges that the right to 9. Acknowledges that the right to disconnect is not explicitly regulated in disconnect is not explicitly regulated in Union law; recalls that a number of Union law; recalls that a number of Member States have taken steps to regulate Member States and the social partners the use of digital tools for work purposes in have taken steps to regulate in law and/or order to provide safeguards and protection collective agreements the use of digital to workers; tools for work purposes in order to provide safeguards and protection to workers;

Or. en

Amendment 99 Elżbieta Rafalska, Beata Szydło, Anna Zalewska

Motion for a resolution Paragraph 9

Motion for a resolution Amendment

9. Acknowledges that the right to 9. Acknowledges that the right to

AM\1212000EN.docx 49/172 PE655.974v01-00 EN disconnect is not explicitly regulated in disconnect is not explicitly regulated in Union law; recalls that a number of Union law; recalls that a number of Member States have taken steps to regulate Member States have taken steps to regulate the use of digital tools for work purposes in the use of digital tools for work purposes in order to provide safeguards and protection order to provide safeguards and protection to workers; to workers and their families;

Or. pl

Amendment 100 Daniela Rondinelli, Chiara Gemma

Motion for a resolution Paragraph 10

Motion for a resolution Amendment

10. Calls on the Commission to 10. Calls on the Commission to evaluate and address the risks of not evaluate and address the negative protecting the right to disconnect; consequences of not protecting the right to disconnect, and acting promptly to resolve them in cooperation with the Member Sates and the social partners;

Or. it

Amendment 101 Elena Lizzi

Motion for a resolution Paragraph 10

Motion for a resolution Amendment

10. Calls on the Commission to 10. Calls on the Member States to evaluate and address the risks of not evaluate and address the risks of not protecting the right to disconnect; protecting the right to disconnect;

Or. it

Amendment 102 Sara Skyttedal

PE655.974v01-00 50/172 AM\1212000EN.docx EN Motion for a resolution Paragraph 10

Motion for a resolution Amendment

10. Calls on the Commission to 10. Calls on the Commission to evaluate and address the risks of not evaluate the risks of not protecting the right protecting the right to disconnect; to disconnect;

Or. en

Amendment 103 Nicolaus Fest, Guido Reil

Motion for a resolution Paragraph 10 a (new)

Motion for a resolution Amendment

10a. Acknowledges that the Union has a diverse range of values, attitudes and beliefs on work and employment and that a harmonised legislative approach would not be suitable to address Member States’ specific needs; encourages Member States to exchange best practices on the right to disconnect and the pursuit of a healthy work-life balance;

Or. en

Amendment 104 Margarita de la Pisa Carrión

Motion for a resolution Paragraph 10 a (new)

Motion for a resolution Amendment

10a. Calls on the Commission to assess the benefits of this greater freedom and independence in terms of developing new business models that guarantee openness and adaptation to a more competitive and technology-based labour market, and to

AM\1212000EN.docx 51/172 PE655.974v01-00 EN welcome the new forms of labour relations.

Or. es

Amendment 105 Nicolaus Fest, Guido Reil

Motion for a resolution Paragraph 10 b (new)

Motion for a resolution Amendment

10b. Calls on the Commission to conduct a thorough impact assessment to assess the risks of establishing a legal right to disconnect; considers that specific attention should be given to the impact of implementing this right on SME's;

Or. en

Amendment 106 Daniela Rondinelli, Chiara Gemma

Motion for a resolution Paragraph 11

Motion for a resolution Amendment

11. Calls on the Commission to ensure 11. Calls on the Commission to ensure that Member States and employers ensure that Member States and employers ensure that workers are able to exercise their right that workers are afforded all the necessary to disconnect; safeguards to allow them to benefit in practice from their right to disconnect;

Or. it

Amendment 107 Petra De Sutter

Motion for a resolution Paragraph 11

PE655.974v01-00 52/172 AM\1212000EN.docx EN Motion for a resolution Amendment

11. Calls on the Commission to ensure 11. Calls on the Commission to ensure that Member States and employers ensure that Member States and employers ensure that workers are able to exercise their right that workers are informed of and able to to disconnect; exercise their right to disconnect;

Or. en

Amendment 108 Elżbieta Rafalska, Beata Szydło, Anna Zalewska

Motion for a resolution Paragraph 11

Motion for a resolution Amendment

11. Calls on the Commission to ensure 11. Calls on the Member States to that Member States and employers ensure ensure that workers have opportunities to that workers are able to exercise their right exercise their right to disconnect; to disconnect;

Or. pl

Amendment 109 Sara Skyttedal

Motion for a resolution Paragraph 11

Motion for a resolution Amendment

11. Calls on the Commission to ensure 11. Calls on the Member States and the that Member States and employers ensure social partners to ensure that workers are that workers are able to exercise their right able to exercise their right to disconnect; to disconnect;

Or. en

Amendment 110 Elena Lizzi

AM\1212000EN.docx 53/172 PE655.974v01-00 EN Motion for a resolution Paragraph 11

Motion for a resolution Amendment

11. Calls on the Commission to ensure 11. Calls on the Member States to that the Member States and employers ensure that employers ensure that workers ensure that workers are able to exercise are able to exercise their right to their right to disconnect; disconnect;

Or. it

Amendment 111 Tomáš Zdechovský

Motion for a resolution Paragraph 11 a (new)

Motion for a resolution Amendment

11a. Recalls that the European social partners recently adopted the framework agreement on digitalisation, which includes modalities for connecting and disconnecting; reminds that it is now incumbent on the social partners to take implementation measures within the next three years; is of the opinion that presenting any legislative proposal in the area of the right to disconnect before the end of the implementation period of this framework would disregard the role of the social partners laid down in the Treaties;

Or. en

Amendment 112 Eugen Tomac

Motion for a resolution Paragraph 11 a (new)

Motion for a resolution Amendment

11a. Calls on the Member States to

PE655.974v01-00 54/172 AM\1212000EN.docx EN guarantee the right to disconnect via the national labour inspection authorities; Calls on the European Labour Authority, when finally fully functional, to support the Member States and to collaborate with national authorities in order to enforce the right to disconnect;

Or. ro

Amendment 113 Sara Skyttedal

Motion for a resolution Paragraph 12

Motion for a resolution Amendment

12. Calls on the Commission to adopt deleted a Union directive to ensure that workers are able to exercise their right to disconnect and to regulate the use of existing and new digital tools for work purposes;

Or. en

Amendment 114 Nicolaus Fest, Guido Reil

Motion for a resolution Paragraph 12

Motion for a resolution Amendment

Or. en

AM\1212000EN.docx 55/172 PE655.974v01-00 EN Amendment 115 Tomáš Zdechovský

Motion for a resolution Paragraph 12

Motion for a resolution Amendment

12. Calls on the Commission to adopt a 12. Calls on the Commission to Union directive to ensure that workers are evaluate the implementation of the able to exercise their right to disconnect European social partners’ framework and to regulate the use of existing and new agreement on digitalisation with special digital tools for work purposes; focus on the area of the right to disconnect and if the implementation measures are not enforced and well implemented, then to consider adopting a Union directive to ensure that workers are able to exercise their right to disconnect and to regulate the use of existing and new digital tools for work purposes;

Or. en

Amendment 116 Miriam Lexmann

Motion for a resolution Paragraph 12

Motion for a resolution Amendment

12. Calls on the Commission to adopt a 12. Calls on the Commission to adopt a Union directive to ensure that workers are Union directive to ensure that workers are able to exercise their right to disconnect able to exercise their right to disconnect and to regulate the use of existing and new and to regulate the use of existing and new digital tools for work purposes; digital tools for work purposes as well as to ensure that employers and workers are able to recognise and use the opportunities digital working brings to both of them if used correctly;

Or. en

Amendment 117 Sylvie Brunet, Véronique Trillet-Lenoir, Marie-Pierre Vedrenne, Ilana Cicurel

PE655.974v01-00 56/172 AM\1212000EN.docx EN Motion for a resolution Paragraph 12

Motion for a resolution Amendment

12. Calls on the Commission to adopt a 12. Calls on the Commission to adopt a Union directive to ensure that workers are Union directive to ensure that workers are able to exercise their right to disconnect able to exercise their right to disconnect and to regulate the use of existing and new and that, as a result of a balanced social digital tools for work purposes; dialogue, employers and social partners introduce effective measures to regulate the use of existing and new digital tools for work purposes;

Or. fr

Amendment 118 Elena Lizzi

Motion for a resolution Paragraph 12

Motion for a resolution Amendment

12. Calls on the Commission to adopt a 12. Calls on the Commission, in Union directive to ensure that workers are accordance with Article 153(2)(b) TFEU, able to exercise their right to disconnect to consult the Member States before and to regulate the use of existing and new introducing a new Union directive, with a digital tools for work purposes; view to promoting the right to disconnect and regulating the use of existing and new digital tools within the existing rules;

Or. it

Amendment 119 Jordi Cañas

Motion for a resolution Paragraph 12

Motion for a resolution Amendment

12. Calls on the Commission to adopt a 12. Calls on the Commission to adopt a Union directive to ensure that workers are Union directive to ensure that workers are

AM\1212000EN.docx 57/172 PE655.974v01-00 EN able to exercise their right to disconnect able to exercise effectively their right to and to regulate the use of existing and disconnect; new digital tools for work purposes;

Or. en

Amendment 120 Yana Toom

Motion for a resolution Paragraph 12

Motion for a resolution Amendment

12. Calls on the Commission to adopt a 12. Calls on the Commission to adopt a Union directive to ensure that workers are Union directive to ensure a uniform able to exercise their right to disconnect definition of telework across the Union, and to regulate the use of existing and establishing the voluntary character of new digital tools for work purposes; telework and as well as other rights such as the right to disconnect;

Or. en

Amendment 121 Ádám Kósa, Andrea Bocskor

Motion for a resolution Paragraph 12

Motion for a resolution Amendment

12. Calls on the Commission to adopt a 12. Calls on the Commission to put Union directive to ensure that workers are forward a proposal to ensure that workers able to exercise their right to disconnect are able to exercise their right to disconnect and to regulate the use of existing and new and to regulate the use of existing and new digital tools for work purposes; digital tools for work purposes;

Or. hu

Amendment 122 Anne Sander

PE655.974v01-00 58/172 AM\1212000EN.docx EN Motion for a resolution Paragraph 12

Motion for a resolution Amendment

12. Calls on the Commission to adopt a 12. Calls on the Member States to Union directive to ensure that workers are undertake to ensure that workers are able able to exercise their right to disconnect to exercise their right to disconnect and to and to regulate the use of existing and new regulate the use of existing and new digital digital tools for work purposes; tools for work purposes;

Or. fr

Amendment 123 Daniela Rondinelli, Chiara Gemma

Motion for a resolution Paragraph 12 a (new)

Motion for a resolution Amendment

12a. Underlines that for some years the social partners representing workers have highlighted issues regarding worker protection resulting from certain provisions of Directive 2003/88/EC as well as errors in transposition, implementation and application in a number of Member States, particularly concerning the failure to comply with the maximum weekly working time, intended to safeguard the general principles of protecting workers’ safety and health;

Or. it

Amendment 124 Jordi Cañas

Motion for a resolution Paragraph 12 a (new)

Motion for a resolution Amendment

12a. Calls on the Commission to

AM\1212000EN.docx 59/172 PE655.974v01-00 EN propose a legislative framework with a view to regulating minimum and clear standards and conditions for remote work across the Union and ensuring decent working conditions, including the use of existing and new digital tools for work purposes and the respect for working hours and leave, thereby allowing for the flexible use of work-at-home schemes;

Or. en

Amendment 125 Estrella Durá Ferrandis, Lina Gálvez Muñoz, Alicia Homs Ginel

Motion for a resolution Paragraph 12 a (new)

Motion for a resolution Amendment

12a. Recalls that changes in labour conditions as a result of the COVID-19 crisis, such as the physical and psychological impacts of teleworking, the right to disconnect, the surveillance of work, and the intensification of work have affected women more severely than men; calls on the Commission, therefore, to take a gender-sensitive approach when addressing the right to disconnect;

Or. en

Amendment 126 Heléne Fritzon, Johan Danielsson

Motion for a resolution Paragraph 12 a (new)

Motion for a resolution Amendment

12a. Insists that any legislative initiative must respect the social partners' autonomy at the national level, national collective agreements, and national

PE655.974v01-00 60/172 AM\1212000EN.docx EN labour market traditions and models, and shall not affect the right to negotiate, conclude and enforce collective agreements in accordance with national law and practice;

Or. en

Amendment 127 Elena Lizzi

Motion for a resolution Paragraph 13

Motion for a resolution Amendment

13. Is of the opinion that the new deleted directive should particularise and complement Directives 2003/88/EC, (EU) 2019/1152 and (EU) 2019/1158, and believes that it should provide for solutions to address the responsibilities of employers and the expectations of workers regarding the organisation of their working time when they use digital tools;

Or. it

Amendment 128 Nicolaus Fest, Guido Reil

Motion for a resolution Paragraph 13

Motion for a resolution Amendment

AM\1212000EN.docx 61/172 PE655.974v01-00 EN working time when they use digital tools;

Or. en

Amendment 129 Daniela Rondinelli, Chiara Gemma

Motion for a resolution Paragraph 13

Motion for a resolution Amendment

13. Is of the opinion that the new 13. Is of the opinion that the new directive should particularise and directive should complement and improve complement Directives 2003/88/EC, (EU) the provisions of Directive 2003/88/EC 2019/1152 and (EU) 2019/1158 and and of Directives (EU) 2019/1152 and believes that it should provide for solutions (EU) 2019/1158; believes that the new to address the responsibilities of employers directive should provide for adequate and the expectations of workers regarding solutions to address the responsibilities of the organisation of their working time public and private employers, including when they use digital tools; the application of effective, proportionate and dissuasive penalties; believes that the Member States should make controls more effective, giving additional powers to labour inspectorates and guaranteeing swift settlement of any litigation to ensure full protection of the heath and safety of workers, including when they use digital tools; highlights the fundamental importance of correct transposition and correct implementation and application of the new EU directive by the Member States, for which their authorities, including the labour inspectorates and courts, will be mainly responsible; believes that it is crucial to strengthen the European Commission’s monitoring and control instruments, and to ensure prompt initiation of infringement procedures where there are shortcomings in transposing, implementing and applying the provisions of the new directive;

Or. it

PE655.974v01-00 62/172 AM\1212000EN.docx EN Amendment 130 Petra De Sutter

Motion for a resolution Paragraph 13

Motion for a resolution Amendment

13. Is of the opinion that the new 13. Is of the opinion that the new directive should particularise and directive should particularise, complement complement Directives 2003/88/EC, (EU) and enforce Directives 2003/88/EC, (EU) 2019/1152 and (EU) 2019/1158, and 2019/1152 and (EU) 2019/1158, as well as believes that it should provide for solutions Council Directive 89/391/EEC and to address the responsibilities of employers believes that it should provide for solutions and the expectations of workers regarding to address the responsibilities of employers the organisation of their working time and the expectations of workers regarding when they use digital tools; the organisation of their working time when they use digital tools; recalls the importance that, in a more and more connected work environment, especially when it concerns digital equipment - such as IT devices and furniture - and/or expenses, such as internet and electricity bills, employees should under no circumstances be requested to cover the costs necessary to carry out their work and that they should in no way see their personal income and/ or their household expenses being negatively affected.

Or. en

Amendment 131 Estrella Durá Ferrandis, Lina Gálvez Muñoz, Alicia Homs Ginel

Motion for a resolution Paragraph 13

Motion for a resolution Amendment

13. Is of the opinion that the new 13. Is of the opinion that the new directive should particularise and directive should particularise and complement Directives 2003/88/EC, (EU) complement Directives 2003/88/EC on the 2019/1152 and (EU) 2019/1158, and right to paid annual leave, (EU) believes that it should provide for solutions 2019/1152 on transparent and predictable to address the responsibilities of employers working conditions and (EU) 2019/1158 and the expectations of workers regarding on work-life balance for parents and

AM\1212000EN.docx 63/172 PE655.974v01-00 EN the organisation of their working time carers, and believes that it should provide when they use digital tools; for solutions to address the responsibilities of employers and the expectations of workers regarding the organisation of their working time when they use digital tools;

Or. en

Amendment 132 Sylvie Brunet, Véronique Trillet-Lenoir, Marie-Pierre Vedrenne, Ilana Cicurel

Motion for a resolution Paragraph 13

Motion for a resolution Amendment

13. Is of the opinion that the new 13. Is of the opinion that the new directive should particularise and directive should particularise and complement Directives 2003/88/EC, (EU) complement Directives 2003/88/EC, (EU) 2019/1152 and (EU) 2019/1158, and 2019/1152 and (EU) 2019/1158, and believes that it should provide for solutions believes that it should provide for solutions to address the responsibilities of employers to address existing models, the and the expectations of workers regarding responsibilities of employers, the role of the organisation of their working time the social partners and the needs of when they use digital tools; workers regarding the organisation of their working time when they use digital tools;

Or. fr

Amendment 133 Jordi Cañas

Motion for a resolution Paragraph 13

Motion for a resolution Amendment

13. Is of the opinion that the new 13. Is of the opinion that a new directive should particularise and legislative framework on telework at complement Directives 2003/88/EC, (EU) Union level should particularise and 2019/1152 and (EU) 2019/1158, and complement Directives 2003/88/EC, (EU) believes that it should provide for solutions 2019/1152 and (EU) 2019/1158, and to address the responsibilities of employers believes that it should provide for solutions and the expectations of workers regarding to address the responsibilities of employers the organisation of their working time and the expectations of workers regarding

PE655.974v01-00 64/172 AM\1212000EN.docx EN when they use digital tools; the organisation of their working time when they use digital tools;

Or. en

Amendment 134 Anne Sander

Motion for a resolution Paragraph 13

Motion for a resolution Amendment

13. Is of the opinion that the new 13. Is of the opinion that the Member directive should particularise and States should undertake to provide complement Directives 2003/88/EC, (EU) solutions that address the responsibilities 2019/1152 and (EU) 2019/1158, and of workers and employers while meeting believes that it should provide for their respective expectations regarding the solutions to address the responsibilities of organisation of their working time when employers and the expectations of workers they use digital tools; regarding the organisation of their working time when they use digital tools;

Or. fr

Amendment 135 Tomáš Zdechovský

Motion for a resolution Paragraph 13

Motion for a resolution Amendment

13. Is of the opinion that the new 13. Is of the opinion that after careful directive should particularise and assessment and evaluation the new complement Directives 2003/88/EC, (EU) directive might particularise and 2019/1152 and (EU) 2019/1158, and complement Directives 2003/88/EC, (EU) believes that it should provide for solutions 2019/1152 and (EU) 2019/1158, and to address the responsibilities of employers believes that it could provide for solutions and the expectations of workers regarding to address the responsibilities of employers the organisation of their working time and the expectations of workers regarding when they use digital tools; the organisation of their working time when they use digital tools;

Or. en

AM\1212000EN.docx 65/172 PE655.974v01-00 EN Amendment 136 Sara Skyttedal

Motion for a resolution Paragraph 13

Motion for a resolution Amendment

13. Is of the opinion that the new 13. Takes note of Directives directive should particularise and 2003/88/EC, (EU) 2019/1152 and (EU) complement Directives 2003/88/EC, (EU) 2019/1158, and believes that they provide 2019/1152 and (EU) 2019/1158, and the solutions needed to address the believes that it should provide for responsibilities of employers and the solutions to address the responsibilities of expectations of workers regarding the employers and the expectations of workers organisation of their working time when regarding the organisation of their working they use digital tools; time when they use digital tools;

Or. en

Amendment 137 Miriam Lexmann

Motion for a resolution Paragraph 13

Motion for a resolution Amendment

13. Is of the opinion that the new 13. Is of the opinion that the new directive should particularise and directive should particularise and complement Directives 2003/88/EC, (EU) complement Directives 2003/88/EC, (EU) 2019/1152 and (EU) 2019/1158, and 2019/1152 and (EU) 2019/1158, and believes that it should provide for solutions believes that it should provide for solutions to address the responsibilities of employers to address the responsibilities and the and the expectations of workers regarding expectations of both employers and the organisation of their working time workers regarding the organisation of their when they use digital tools; working time when they use digital tools;

Or. en

Amendment 138 Estrella Durá Ferrandis, Lina Gálvez Muñoz, Alicia Homs Ginel

PE655.974v01-00 66/172 AM\1212000EN.docx EN Motion for a resolution Paragraph 13 a (new)

Motion for a resolution Amendment

13a. Points out that the digital transition and AI solutions have the potential to improve working conditions and the quality of life, including improved work-life balance and better accessibility for people with disabilities, to predict labour market development and to support human resource management in preventing human bias, yet they can also raise concerns as regards privacy and occupational health and safety, such as the right to disconnect, and lead to disproportionate and illegal surveillance and monitoring of workers,

Or. en

Amendment 139 Alex Agius Saliba, Alicia Homs Ginel, Pierfrancesco Majorino, Klára Dobrev, Gabriele Bischoff, Manuel Pizarro, Vilija Blinkevičiūtė, Evelyn Regner, Elisabetta Gualmini, Marc Angel, Agnes Jongerius, Estrella Durá Ferrandis, Brando Benifei, Lina Gálvez Muñoz, Milan Brglez

Motion for a resolution Paragraph 13 a (new)

Motion for a resolution Amendment

13a. Stresses that the implementation of this Directive should fully respect the minimum requirements laid down in Directives 2003/88/EC, (EU) 2019/1152 and (EU) 2019/1158, such as those related to maximum working hours and minimum rest periods, flexible working arrangements, and information obligations, and should not have any negative effect on workers ;

Or. en

AM\1212000EN.docx 67/172 PE655.974v01-00 EN Amendment 140 Tomáš Zdechovský

Motion for a resolution Paragraph 13 a (new)

Motion for a resolution Amendment

13a. Recalls the specific needs and disparities of different sectors in relation to the right of disconnect; calls on the Commission to consider and evaluate these differences in case new directive will be presented;

Or. en

Amendment 141 Estrella Durá Ferrandis, Lina Gálvez Muñoz, Alicia Homs Ginel

Motion for a resolution Paragraph 13 b (new)

Motion for a resolution Amendment

13b. Recalls that the employment and social acquis of the Union fully applies to digital transition and calls on the Commission and the Member States to ensure proper enforcement and to address any potential legislative gaps;

Or. en

Amendment 142 Estrella Durá Ferrandis, Lina Gálvez Muñoz, Alicia Homs Ginel

Motion for a resolution Paragraph 13 c (new)

Motion for a resolution Amendment

13c. Recalls that changes in labour conditions as a result of the COVID-19 crisis, such as physical and psychological

PE655.974v01-00 68/172 AM\1212000EN.docx EN impacts of teleworking, the right to disconnect, the surveillance of work, and the intensification of work have affected women, and single mothers in particular, more severely than men; calls therefore on the Commission to take a gender- sensitive approach when addressing the right to disconnect; to maximize the benefits and to promote family co- responsibility opportunities perspective;

Or. en

Amendment 143 Tomáš Zdechovský

Motion for a resolution Paragraph 14

Motion for a resolution Amendment

14. Stresses that the right to disconnect 14. Stresses that the right to disconnect allows workers to refrain from engaging in allows workers to refrain from engaging in work-related tasks, activities and electronic work-related tasks, activities and electronic communication, such as phone calls, communication, such as phone calls, emails and other messages, outside their emails and other messages, outside their working time, including during rest working time, including during rest periods, official and annual holidays and periods, official and annual holidays and other types of leave, without facing any other types of leave, without facing any adverse consequences; adverse consequences; recalls, however, that certain autonomy and flexibility should be given to those who may, for different reasons, choose to work at different times;

Or. en

Amendment 144 Eugen Tomac

Motion for a resolution Paragraph 14

AM\1212000EN.docx 69/172 PE655.974v01-00 EN Motion for a resolution Amendment

14. Stresses that the right to disconnect 14. Stresses that the right to disconnect allows workers to refrain from engaging in allows workers to refrain from engaging in work-related tasks, activities and electronic work-related tasks, activities and electronic communication, such as phone calls, communication, such as phone calls, emails and other messages, outside their emails and other messages, outside their working time, including during rest working time, including during rest periods, official and annual holidays and periods, official and annual holidays, other types of leave, without facing any maternity and paternity leave, and other adverse consequences; types of leave, without facing any adverse consequences;

Or. ro

Amendment 145 Sara Skyttedal

Motion for a resolution Paragraph 14

Motion for a resolution Amendment

14. Stresses that the right to disconnect 14. Stresses that the right to disconnect, allows workers to refrain from engaging in as agreed with the employer, allows work-related tasks, activities and electronic workers to refrain from engaging in work- communication, such as phone calls, related tasks, activities and electronic emails and other messages, outside their communication, such as phone calls, working time, including during rest emails and other messages, outside their periods, official and annual holidays and working time, including during rest other types of leave, without facing any periods, official and annual holidays and adverse consequences; other types of leave, without facing any adverse consequences;

Or. en

Amendment 146 Petra De Sutter

Motion for a resolution Paragraph 14 a (new)

PE655.974v01-00 70/172 AM\1212000EN.docx EN Motion for a resolution Amendment

14a. Stresses that advancements in new technological possibilities, such as AI, plays a critical role in shaping the workplace of the future and the appreciation of work efficiency and must not lead to a dehumanised digital future;

Or. en

Amendment 147 Petra De Sutter

Motion for a resolution Paragraph 14 b (new)

Motion for a resolution Amendment

14b. Calls on the social partners as well as data protection supervisory authorities to ensure that workplace surveillance is only done where it is proven as necessary and proportionate in each case; points out that if employees are allowed to use communication services provided by the employer also for private purposes, the employer has no right to have access to communication metadata and content; reminds that in work relations, the consent of an employee for the processing of his or her personal data cannot normally be considered as freely given and is therefore not valid, because there is a clear imbalance between the data subject and the controller;

Or. en

Amendment 148 Eugen Tomac

Motion for a resolution Paragraph 15

AM\1212000EN.docx 71/172 PE655.974v01-00 EN Motion for a resolution Amendment

15. Reiterates that the limitation of 15. Reiterates that the limitation of working time is considered to be essential working time is considered to be essential to ensure the health and safety of workers to ensure the health and safety of workers in the Union; in the Union; notes that the limitation of working time could also facilitate the demographic recovery of the ageing European continent;

Or. ro

Amendment 149 Sara Skyttedal

Motion for a resolution Paragraph 15

Motion for a resolution Amendment

15. Reiterates that the limitation of 15. Reiterates that the limitation of working time is considered to be essential working time that exceeds agreed working to ensure the health and safety of workers time is considered to be essential to ensure in the Union; the health and safety of workers in the Union;

Or. en

Amendment 150 Miriam Lexmann

Motion for a resolution Paragraph 15

Motion for a resolution Amendment

15. Reiterates that the limitation of 15. Reiterates that the limitation of working time is considered to be essential working time and its predictability is to ensure the health and safety of workers considered to be essential to ensure the in the Union; health and safety of workers in the Union;

Or. en

PE655.974v01-00 72/172 AM\1212000EN.docx EN Amendment 151 Beata Szydło, Anna Zalewska, Elżbieta Rafalska

Motion for a resolution Paragraph 15

Motion for a resolution Amendment

15. Reiterates that the limitation of 15. Reiterates that respect for working working time is considered to be essential time is considered to be essential to ensure to ensure the health and safety of workers the health and safety of workers and their in the Union; families in the Union;

Or. pl

Amendment 152 Maria Walsh

Motion for a resolution Paragraph 16

Motion for a resolution Amendment

16. Stresses that the Commission, 16. Stresses that the Commission, Member States, employers and workers Member States, employers and workers must actively support and encourage the must actively support and encourage the right to disconnect and promote an right to disconnect and promote an efficient, reasoned and balanced approach efficient, reasoned and balanced approach to digital tools at work, as well as to digital tools at work, as well as awareness-raising measures, education and awareness-raising measures, education and training campaigns relating to working training campaigns relating to working time and the right to disconnect; time and the right to disconnect, ensuring that the latter and all other rights that are designed to protect the mental and physical health of workers are effectively implemented and become established as an active component of the Union’s working culture;

Or. en

Amendment 153 Sylvie Brunet, Véronique Trillet-Lenoir, Marie-Pierre Vedrenne, Ilana Cicurel

AM\1212000EN.docx 73/172 PE655.974v01-00 EN Motion for a resolution Paragraph 16

Motion for a resolution Amendment

16. Stresses that the Commission, 16. Stresses that the Commission, Member States, employers and workers Member States, employers and workers must actively support and encourage the must actively support and encourage the right to disconnect and promote an right to disconnect and promote an efficient, reasoned and balanced approach efficient, reasoned and balanced approach to digital tools at work, as well as to digital tools at work, as well as awareness-raising measures, education and awareness-raising measures, education and training campaigns relating to working training campaigns relating to working time and the right to disconnect; time, the right to disconnect and reasonable use of digital tools;

Or. fr

Amendment 154 Petra De Sutter

Motion for a resolution Paragraph 16

Motion for a resolution Amendment

16. Stresses that the Commission, 16. Stresses that the Commission, Member States, employers and workers Member States, employers and workers must actively support and encourage the must actively inform about, support and right to disconnect and promote an encourage the right to disconnect and efficient, reasoned and balanced approach promote an efficient, reasoned and to digital tools at work, as well as balanced approach to digital tools at work, awareness-raising measures, education and as well as awareness-raising measures, training campaigns relating to working education and training campaigns relating time and the right to disconnect; to working time and the right to disconnect;

Or. en

Amendment 155 Sara Skyttedal

Motion for a resolution Paragraph 16

PE655.974v01-00 74/172 AM\1212000EN.docx EN Motion for a resolution Amendment

16. Stresses that the Commission, 16. Stresses that the Member States as Member States, employers and workers well as employers and workers must must actively support and encourage the actively support and encourage the right to right to disconnect and promote an disconnect and promote an efficient, efficient, reasoned and balanced approach reasoned and balanced approach to digital to digital tools at work, as well as tools at work, as well as awareness-raising awareness-raising measures, education and measures, education and training training campaigns relating to working campaigns relating to working time and the time and the right to disconnect; right to disconnect;

Or. en

Amendment 156 Elena Lizzi

Motion for a resolution Paragraph 16

Motion for a resolution Amendment

16. Stresses that the Commission, 16. Stresses that Member States, Member States, employers and workers employers and workers must actively must actively support and encourage the support and encourage the right to right to disconnect and promote an disconnect and promote an efficient, efficient, reasoned and balanced approach reasoned and balanced approach to digital to digital tools at work, as well as tools at work, as well as awareness-raising awareness-raising measures, education and measures and education and training training campaigns relating to working campaigns relating to working time and the time and the right to disconnect; right to disconnect;

Or. it

Amendment 157 Petra De Sutter

Motion for a resolution Paragraph 16 a (new)

Motion for a resolution Amendment

16a. Recalls a strong delineation between working time, where a worker

AM\1212000EN.docx 75/172 PE655.974v01-00 EN has to be at the disposal of the employer, and non-working time, where a worker has no obligation to remain at the disposal of the employer; recalls that this mirrors not only the legislation in force as regards working time but also the case- law of the Court of Justice of the European Union on working time; recalls that on-call time is working time;

Or. en

Amendment 158 Dragoș Pîslaru

Motion for a resolution Paragraph 16 a (new)

Motion for a resolution Amendment

16a. Calls on the Commission to present guidelines for the labour monitoring tools used by employers to check the working times of connected workers that promote a work-life balance; considers that this should include the issue of GPS tracking of employees by their employers and ensure the right to privacy of employees;

Or. en

Amendment 159 Elena Lizzi

Motion for a resolution Paragraph 17

Motion for a resolution Amendment

17. Strongly believes that employers deleted should not require workers to be directly or indirectly available or reachable outside their working time and should provide workers with sufficient

PE655.974v01-00 76/172 AM\1212000EN.docx EN information, including a written statement, setting out the workers’ right to disconnect, namely at least the practical arrangements for switching off digital tools for work purposes, including any work-related monitoring or surveillance tools, the manner in which working time is recorded, the employer’s health and safety assessment, and the measures for protecting workers against adverse treatment and for implementing workers’ right of redress;

Or. it

Amendment 160 Ádám Kósa, Andrea Bocskor

Motion for a resolution Paragraph 17

Motion for a resolution Amendment

17. Strongly believes that employers 17. Strongly believes that employers should not require workers to be directly or should not require workers to be directly or indirectly available or reachable outside indirectly available or reachable outside their working time and should provide their working time and should provide workers with sufficient information, workers with sufficient information, including a written statement, setting out including a written statement, setting out the workers’ right to disconnect, namely at the workers’ right to disconnect, namely at least the practical arrangements for least the practical arrangements for switching off digital tools for work switching off digital tools for work purposes, including any work-related purposes, including any work-related monitoring or surveillance tools, the monitoring or surveillance tools, the manner in which working time is recorded, manner in which working time is recorded, the employer’s health and safety the employer’s health and safety assessment, and the measures for assessment, and the measures for protecting workers against adverse protecting workers against adverse treatment and for implementing workers’ treatment and for implementing workers’ right of redress; right of redress; stresses that, in this evolving world of work, there is therefore an increased need for workers to be fully informed about their essential working conditions, which should occur in a timely manner and in written form to which workers have easy access; points out that, in light of the increasing use of digital

AM\1212000EN.docx 77/172 PE655.974v01-00 EN communication tools, information that is to be provided in writing can be provided by electronic means;

Or. hu

Amendment 161 Petra De Sutter

Motion for a resolution Paragraph 17

Motion for a resolution Amendment

17. Strongly believes that employers 17. Underlines that employers, but also should not require workers to be directly or co-workers, must avoid contacting their indirectly available or reachable outside workers or colleagues directly or their working time and should provide indirectly outside the agreed working workers with sufficient information, hours and must not require workers to be including a written statement, setting out directly or indirectly available or reachable the workers’ right to disconnect, namely at outside their working time and must least the practical arrangements for provide workers with sufficient switching off digital tools for work information, including a written statement, purposes, including any work-related setting out the workers’ right to disconnect, monitoring or surveillance tools, the namely at least the practical arrangements manner in which working time is recorded, for switching off digital tools for work the employer’s health and safety purposes, including any work-related assessment, and the measures for monitoring or surveillance tools, the protecting workers against adverse manner in which working time is recorded, treatment and for implementing workers’ the employer’s health and safety right of redress; assessment, and the measures for protecting workers against adverse treatment and for implementing workers’ right of redress; recalls that time during which a worker is available or reachable for the employer is working time;

Or. en

Amendment 162 Eugen Tomac

Motion for a resolution Paragraph 17

PE655.974v01-00 78/172 AM\1212000EN.docx EN Motion for a resolution Amendment

17. Strongly believes that employers 17. Strongly believes that employers should not require workers to be directly or should not require workers to be directly or indirectly available or reachable outside indirectly available or reachable outside their working time and should provide their working time and should provide workers with sufficient information, workers with sufficient information, including a written statement, setting out including a written statement, setting out the workers’ right to disconnect, namely at the workers’ right to disconnect, namely at least the practical arrangements for least the practical arrangements for switching off digital tools for work switching off digital tools for work purposes, including any work-related purposes, including any work-related monitoring or surveillance tools, the monitoring or surveillance tools, the manner in which working time is recorded, manner in which working time is recorded, the employer’s health and safety the employer’s health and safety assessment, and the measures for assessment, and the measures for protecting workers against adverse protecting workers against adverse treatment and for implementing workers’ treatment and for implementing workers’ right of redress; right of redress; the national labour inspection authorities and the ELA should ensure that all employers fulfil this obligation;

Or. ro

Amendment 163 José Gusmão, Marc Botenga

Motion for a resolution Paragraph 17

Motion for a resolution Amendment

17. Strongly believes that employers 17. Strongly believes that employers should not require workers to be directly and co-workers should refrain from or indirectly available or reachable outside contacting their workers and colleagues their working time and should provide directly or indirectly outside the agreed workers with sufficient information, working time and that employers should including a written statement, setting out provide workers with sufficient the workers’ right to disconnect, namely at information, including a written statement, least the practical arrangements for setting out the workers’ right to disconnect, switching off digital tools for work namely at least the practical arrangements purposes, including any work-related for switching off digital tools for work monitoring or surveillance tools, the purposes, including any work-related manner in which working time is recorded, monitoring or surveillance tools, the the employer’s health and safety manner in which working time is recorded,

AM\1212000EN.docx 79/172 PE655.974v01-00 EN assessment, and the measures for the employer’s health and safety protecting workers against adverse assessment, and the measures for treatment and for implementing workers’ protecting workers against adverse right of redress; treatment and for implementing workers’ right of redress;

Or. en

Amendment 164 Sara Skyttedal

Motion for a resolution Paragraph 17

Motion for a resolution Amendment

17. Strongly believes that employers 17. Strongly believes that employers should not require workers to be directly or should not require workers to be directly or indirectly available or reachable outside indirectly available or reachable outside their working time and should provide their working time, if not agreed upon, and workers with sufficient information, should provide workers with sufficient including a written statement, setting out information, including a written statement, the workers’ right to disconnect, namely at setting out the workers’ right to disconnect, least the practical arrangements for namely at least the practical arrangements switching off digital tools for work for switching off digital tools for work purposes, including any work-related purposes, including any work-related monitoring or surveillance tools, the monitoring or surveillance tools, the manner in which working time is recorded, manner in which working time is recorded, the employer’s health and safety the employer’s health and safety assessment, and the measures for assessment, and the measures for protecting workers against adverse protecting workers against adverse treatment and for implementing workers’ treatment and for implementing workers’ right of redress; right of redress;

Or. en

Amendment 165 Dennis Radtke

Motion for a resolution Paragraph 17

Motion for a resolution Amendment

17. Strongly believes that employers 17. Underlines that employers are not

PE655.974v01-00 80/172 AM\1212000EN.docx EN should not require workers to be directly allowed to require workers to be directly or or indirectly available or reachable outside indirectly available or reachable outside their working time and should provide their working time and should provide workers with sufficient information, workers with sufficient information, including a written statement, setting out including a written statement, setting out the workers’ right to disconnect, namely at the workers’ right to disconnect, namely at least the practical arrangements for least the practical arrangements for switching off digital tools for work switching off digital tools for work purposes, including any work-related purposes, including any work-related monitoring or surveillance tools, the monitoring or surveillance tools, the manner in which working time is recorded, manner in which working time is recorded, the employer’s health and safety the employer’s health and safety assessment, and the measures for assessment, and the measures for protecting workers against adverse protecting workers against adverse treatment and for implementing workers’ treatment and for implementing workers’ right of redress; right of redress;

Or. en

Amendment 166 Elena Lizzi

Motion for a resolution Paragraph 17 a (new)

Motion for a resolution Amendment

17a. Underlines that use of the technologies cannot be seen as an opportunity to carry out systematic surveillance of workers and should respect guarantees for their self- determination in their work, which means, above all, that workers must be trained and informed in relation to processing of their data;

Or. it

Amendment 167 Anne Sander

Motion for a resolution Paragraph 17 a (new)

AM\1212000EN.docx 81/172 PE655.974v01-00 EN Motion for a resolution Amendment

17a. Stresses that the introduction and guarantee of the right to disconnect should not impose an excessive administrative burden on businesses, in particular SMEs and very small enterprises;

Or. fr

Amendment 168 Dragoș Pîslaru

Motion for a resolution Paragraph 17 a (new)

Motion for a resolution Amendment

17a. Underlines the time sovereignty principle according to which workers must be allowed to schedule their working time around personal responsibilities, in particular caring for children or sick family members;

Or. en

Amendment 169 Alex Agius Saliba, Manuel Pizarro, Vilija Blinkevičiūtė, Evelyn Regner, Elisabetta Gualmini, Marc Angel, Agnes Jongerius, Estrella Durá Ferrandis, Brando Benifei, Lina Gálvez Muñoz, Milan Brglez, Alicia Homs Ginel, Pierfrancesco Majorino, Klára Dobrev, Gabriele Bischoff

Motion for a resolution Paragraph 18

Motion for a resolution Amendment

PE655.974v01-00 82/172 AM\1212000EN.docx EN exercise their right to disconnect, including exercise effectively their right to by means of collective agreements; disconnect, including by means of collective agreement; calls on the Member States to establish precise and sufficient mechanisms to ensure a minimum standard of protection in conformity with Union legislation and the enforcement of their right to disconnect for those workers not covered by collective agreement at any level;

Or. en

Amendment 170 Anne Sander

Motion for a resolution Paragraph 18

Motion for a resolution Amendment

18. Stresses the importance of the 18. Stresses the importance of the social partners to ensure the effective social partners to ensure the effective implementation and enforcement of the implementation and enforcement of the right to disconnect; believes that Member right to disconnect and emphasises that States must ensure that workers are able to the work that they have already carried exercise their right to disconnect, including out in this respect should therefore be by means of collective agreements; taken into account; believes that Member States must ensure that workers are able to exercise their right to disconnect, including by means of collective agreements;

Or. fr

Amendment 171 Jordi Cañas

Motion for a resolution Paragraph 18

Motion for a resolution Amendment

AM\1212000EN.docx 83/172 PE655.974v01-00 EN right to disconnect; believes that Member right to disconnect; believes that Member States must ensure that workers are able to States must ensure that workers are able to exercise their right to disconnect, including exercise their right to disconnect, including by means of collective agreements; by means of collective agreements, flexible sectoral agreements and company-by- company arrangements;

Or. en

Amendment 172 José Manuel Fernandes

Motion for a resolution Paragraph 18

Motion for a resolution Amendment

18. Stresses the importance of the 18. Stresses the importance of the social partners to ensure the effective social partners to ensure the drafting and implementation and enforcement of the effective implementation and enforcement right to disconnect; believes that Member of the right to disconnect, in accordance States must ensure that workers are able to with national practices; believes that exercise their right to disconnect, including Member States must ensure that workers by means of collective agreements; are able to exercise their right to disconnect, including by means of collective agreements;

Or. pt

Amendment 173 Sara Skyttedal

Motion for a resolution Paragraph 18

Motion for a resolution Amendment

18. Stresses the importance of the 18. Stresses the importance of the social partners to ensure the effective social partners to ensure the effective implementation and enforcement of the implementation and enforcement of the right to disconnect; believes that Member right to disconnect; believes that Member States must ensure that workers are able States and the social partners should to exercise their right to disconnect, promote workers’ right to disconnect, including by means of collective including by means of collective

PE655.974v01-00 84/172 AM\1212000EN.docx EN agreements; agreements;

Or. en

Amendment 174 Dragoș Pîslaru

Motion for a resolution Paragraph 18 a (new)

Motion for a resolution Amendment

18a. Reiterates the importance of equal treatment for cross-border workers and notes that Member States and the Commission must ensure that workers understand their right to disconnect, including across borders;

Or. en

Amendment 175 Eugen Tomac

Motion for a resolution Paragraph 19

Motion for a resolution Amendment

19. Calls on Member States to ensure 19. Calls on Member States to ensure that workers who invoke their right to that workers who invoke their right to disconnect are protected from victimisation disconnect are protected from victimisation and other negative repercussions and that and other negative repercussions and that there are mechanisms in place to deal with there are mechanisms in place to deal with complaints or breaches of the right to complaints or breaches of the right to disconnect; disconnect; takes the view that employers should not promote an ‘always on’ work culture by giving promotions and bonuses only to those who work without exercising their right to disconnect;

Or. ro

AM\1212000EN.docx 85/172 PE655.974v01-00 EN Amendment 176 Petra De Sutter

Motion for a resolution Paragraph 19 a (new)

Motion for a resolution Amendment

19a. Notes that ensuring the right to disconnect is of particular importance for the most vulnerable workers or those with in-home dependent care arrangement such as minor children and/or adult dependents for whom an employee provides services essential to their health, well-being, and/or activities of daily life;

Or. en

Amendment 177 Dragoș Pîslaru

Motion for a resolution Paragraph 19 a (new)

Motion for a resolution Amendment

19a. Stresses that all remote professional learning and training activities must be counted as work activity as well and not take place during overtime or free days without adequate compensation;

Or. en

Amendment 178 Petra De Sutter

Motion for a resolution Paragraph 19 b (new)

Motion for a resolution Amendment

19b. Stresses the fact that the increase

PE655.974v01-00 86/172 AM\1212000EN.docx EN in connectivity at the workplace should not lead to any discrimination or negative consequences with regard to recruitment or career advancement, particularly for the single parents, women, elderly and persons with disabilities;

Or. en

Amendment 179 Petra De Sutter

Motion for a resolution Paragraph 19 c (new)

Motion for a resolution Amendment

19c. Stresses also the importance of supporting individual trainings aiming at improving IT skills for all workers, and in particular for persons with disabilities and more senior colleagues, in order to ensure a good and efficient performance of their work;

Or. en

Amendment 180 Petra De Sutter

Motion for a resolution Paragraph 19 d (new)

Motion for a resolution Amendment

19d. Calls on the Commission to include the right to disconnect in its New Occupational Safety and Health Strategy, and to explicitly develop new psychosocial measures and actions within the framework of Occupational Safety and Health;

Or. en

AM\1212000EN.docx 87/172 PE655.974v01-00 EN Amendment 181 Sara Skyttedal

Motion for a resolution Paragraph 20

Motion for a resolution Amendment

20. Requests that the Commission deleted submit, on the basis of Article 225 of the Treaty on the Functioning of the European Union, a proposal for an act on the right to disconnect, following the recommendations set out in the Annex hereto;

Or. en

Amendment 182 Nicolaus Fest, Guido Reil

Motion for a resolution Paragraph 20

Motion for a resolution Amendment

Or. en

Amendment 183 Elena Lizzi

Motion for a resolution Paragraph 20

PE655.974v01-00 88/172 AM\1212000EN.docx EN Motion for a resolution Amendment

Or. it

Amendment 184 Sara Skyttedal

Motion for a resolution Paragraph 21

Motion for a resolution Amendment

21. Considers that the requested deleted proposal does not have financial implications;

Or. en

Amendment 185 Ádám Kósa, Andrea Bocskor

Motion for a resolution Paragraph 21

Motion for a resolution Amendment

21. Considers that the requested 21. Requests that the requested proposal does not have financial proposal be subjected to a preliminary implications; assessment of its financial implications;

Or. hu

Amendment 186 Elena Lizzi

AM\1212000EN.docx 89/172 PE655.974v01-00 EN Motion for a resolution Annex I

Motion for a resolution Amendment

[...] deleted

Or. it

Amendment 187 Petra De Sutter

Motion for a resolution Annex I – paragraph 8 – point 4

Motion for a resolution Amendment

4. This Directive takes account of the 4. This Directive takes account of the conventions and recommendations of the conventions and recommendations of the International Labour Organization with International Labour Organization with regard to the organisation of working time, regard to the organisation of working time, including, in particular, the 1919 Hours of including, in particular, the 1919 Hours of Work (Industry) Convention (No. 1), the Work (Industry) Convention (No. 1), the 1981 Collective Bargaining 1930 Hours of Work (Commerce and Recommendation (No. 163), the 1981 Offices) Convention (No. 30), the 1981 Convention on Workers with Family Collective Bargaining Recommendation Responsibilities (No. 156) and its (No. 163), the 1981 Convention on accompanying Recommendation (No. Workers with Family Responsibilities (No. 165). 156) and its accompanying Recommendation (No. 165) as well as the 2019 ILO Centenary Declaration on the Future of Work;

Or. en

Amendment 188 José Gusmão, Marc Botenga

Motion for a resolution Annex I – Recital 4

Motion for a resolution Amendment

4. This Directive takes account of the 4. This Directive takes account of the

PE655.974v01-00 90/172 AM\1212000EN.docx EN conventions and recommendations of the conventions and recommendations of the International Labour Organization with International Labour Organization with regard to the organisation of working time, regard to the organisation of working time, including, in particular, the 1919 Hours of including, in particular, the 1919 Hours of Work (Industry) Convention (No. 1), the Work (Industry) Convention (No. 1), the 1981 Collective Bargaining 1930 Hours of Work (Commerce and Recommendation (No. 163), the 1981 Offices) Convention (No. 30), the 1981 Convention on Workers with Family Collective Bargaining Recommendation Responsibilities (No. 156) and its (No. 163), the 1981 Convention on accompanying Recommendation (No. Workers with Family Responsibilities (No. 165). 156) and its accompanying Recommendation (No. 165), the 2019 ILO Centenary Declaration on the Future of Work.

Or. en

Amendment 189 José Gusmão, Marc Botenga

Motion for a resolution Annex I – Recital 4 a (new)

Motion for a resolution Amendment

4a. This Directive also takes account of the Council of Europe’s European (Revised) Social Charter, as referred to in Article 151 TFEU, and in particular its Article 2 (just working conditions including working time/rest periods), Article 3 (healthy and safety conditions at work) , Article 6 (Collective Bargaining) and Article 27 (protection of workers with family responsibilities).

Or. en

Amendment 190 Petra De Sutter

Motion for a resolution Annex I – Recital 4 a (new)

AM\1212000EN.docx 91/172 PE655.974v01-00 EN Motion for a resolution Amendment

4a. This Directive also takes account of the Council of Europe’s European (Revised) Social Charter, as referred to in Article 151 TFEU, and in particular its Article 2 (just working conditions including working time/rest periods), Article 3 (healthy and safety conditions at work), Article 6 (Collective Bargaining) and Article 27 (protection of workers with family responsibilities).

Or. en

Amendment 191 Yana Toom, Samira Rafaela

Motion for a resolution Annex I – Recital 5 a (new)

Motion for a resolution Amendment

5a. The European Social Partners' Framework Agreement on Telework of 2002 has made the first initial steps towards a comprehensive approach towards telework; the Agreement was on a voluntary basis. Considering the changes in almost two decades since the Agreement, it has become evident that there is a need for codification at Union level. It is of utmost importance that it is established that telework should always be on a voluntary basis.

Or. en

Amendment 192 Anne Sander

Motion for a resolution Annex I – Recital 6

PE655.974v01-00 92/172 AM\1212000EN.docx EN Motion for a resolution Amendment

6. Digital tools enable workers to 6. Digital tools enable workers to work from anywhere at any time and can work from anywhere at any time and can contribute to improving workers’ work-life contribute significantly to improving balance. However, the use of digital tools, workers’ work-life balance by allowing including ICT, for work purposes also has them more flexibility in the organisation possible negative effects, such as resulting of their private and family life, and in in longer working hours by inducing some cases the opportunity to save time, workers to work outside their working especially in their commute. However, the time, higher work intensity, as well as the use of digital tools, including ICT, for blurring of the boundaries between work purposes also has possible negative working time and free time. If not used effects, such as resulting in longer working exclusively during working time, such hours by inducing workers to work outside digital tools may interfere with workers’ their working time, higher work intensity, private lives. For workers with as well as the blurring of the boundaries unremunerated caring responsibilities, between working time and free time. If not digital tools can make it particularly used exclusively during working time, such difficult to find a healthy work-life digital tools may interfere with workers’ balance. Women spend more time than private lives. For workers with men in fulfilling such caring unremunerated caring responsibilities, responsibilities, work fewer hours in paid digital tools can make it particularly employment and may drop out of the difficult to find a healthy work-life labour market entirely. balance. Women spend more time than men in fulfilling such caring responsibilities, work fewer hours in paid employment and may drop out of the labour market entirely.

Or. fr

Amendment 193 Miriam Lexmann

Motion for a resolution Annex I – Recital 6

Motion for a resolution Amendment

6. Digital tools enable workers to 6. Digital tools enable workers to work from anywhere at any time and can work from anywhere at any time and can, contribute to improving workers’ work-life when used correctly, contribute to balance. However, the use of digital tools, improving workers’ work-life balance, but including ICT, for work purposes also has also to improve workers’ efficiency. possible negative effects, such as resulting However, the use of digital tools, including in longer working hours by inducing ICT, for work purposes also has possible

AM\1212000EN.docx 93/172 PE655.974v01-00 EN workers to work outside their working negative effects, such as resulting in longer time, higher work intensity, as well as the working hours by inducing workers to blurring of the boundaries between work outside their working time, higher working time and free time. If not used work intensity, as well as the blurring of exclusively during working time, such the boundaries between working time and digital tools may interfere with workers’ free time. If not used exclusively during private lives. For workers with working time, such digital tools may unremunerated caring responsibilities, interfere with workers’ private lives. For digital tools can make it particularly workers with unremunerated caring difficult to find a healthy work-life responsibilities, digital tools can make it balance. Women spend more time than particularly difficult to find a healthy men in fulfilling such caring work-life balance. Women spend more responsibilities, work fewer hours in paid time than men in fulfilling such caring employment and may drop out of the responsibilities, work fewer hours in paid labour market entirely. employment and may drop out of the labour market entirely.

Or. en

Amendment 194 Eugen Tomac

Motion for a resolution Annex I – Recital 6

Motion for a resolution Amendment

6. Digital tools enable workers to 6. Digital tools enable workers to work from anywhere at any time and can work from anywhere at any time and can contribute to improving workers’ work-life contribute to improving workers’ work-life balance. However, the use of digital tools, balance. However, the use of digital tools, including ICT, for work purposes also has including ICT, for work purposes also has possible negative effects, such as resulting possible negative effects, such as resulting in longer working hours by inducing in longer working hours by inducing workers to work outside their working workers to work outside their working time, higher work intensity, as well as the time, higher work intensity, as well as the blurring of the boundaries between blurring of the boundaries between working time and free time. If not used working time and free time. If not used exclusively during working time, such exclusively during working time, such digital tools may interfere with workers’ digital tools may interfere with workers’ private lives. For workers with private lives. For workers with unremunerated caring responsibilities, unremunerated caring responsibilities, digital tools can make it particularly digital tools can make it particularly difficult to find a healthy work-life difficult to find a healthy work-life balance. Women spend more time than balance. Women spend more time than men in fulfilling such caring men in fulfilling such caring responsibilities, work fewer hours in paid responsibilities and work fewer hours in

PE655.974v01-00 94/172 AM\1212000EN.docx EN employment and may drop out of the paid employment. labour market entirely.

Or. ro

Amendment 195 Elżbieta Rafalska, Beata Szydło, Anna Zalewska

Motion for a resolution Annex I – Recital 6

Motion for a resolution Amendment

(6) Digital tools enable workers to (6) Digital tools enable workers to work from anywhere at any time and can work from anywhere at any time and can contribute to improving workers’ work-life contribute to improving workers’ work-life balance. However, the use of digital tools, balance. However, the use of digital tools, including ICT, for work purposes also has including ICT, for work purposes also has possible negative effects, such as resulting possible negative effects, such as resulting in longer working hours by inducing in longer working hours by inducing workers to work outside their working workers to work outside their working time, higher work intensity, as well as the time, higher work intensity, as well as the blurring of the boundaries between blurring of the boundaries between working time and free time. If not used working time and free time. If not used exclusively during working time, such exclusively during working time, such digital tools may interfere with workers’ digital tools may interfere with workers’ private lives. For workers with private lives. For workers with unremunerated caring responsibilities, unremunerated caring responsibilities, digital tools can make it particularly digital tools can make it particularly difficult to find a healthy work-life difficult to find a healthy work-life balance. Women spend more time than balance. Women spend more time than men in fulfilling such caring men in fulfilling such caring responsibilities, work fewer hours in paid responsibilities, work fewer hours in paid employment and may drop out of the employment and may leave employment labour market entirely. entirely.

Or. pl

Amendment 196 Daniela Rondinelli, Chiara Gemma

Motion for a resolution Annex I – Recital 7

AM\1212000EN.docx 95/172 PE655.974v01-00 EN Motion for a resolution Amendment

7.Moreover, digital tools that are used for 7.Moreover, digital tools that are used for work purposes can create constant pressure work purposes can result in infringement and stress, have a detrimental impact on of workers’ right to health and safety, workers’ physical and mental health and causing constant pressure and stress, have well-being and can lead to occupational a detrimental impact on workers’ physical illnesses, such as anxiety, depression and and mental health and well-being and can burnout, which in turn place an increasing lead to occupational illnesses, such as burden on employers and social insurance anxiety, depression and burnout, also systems. Given the challenges presented by placing an increasing burden on employers the significantly increasing use of digital and social insurance systems. Given the tools for work purposes, atypical challenges presented by the significantly employment relationships and teleworking increasing use of digital tools for work arrangements, in particular in the context purposes, and by the need to combat job of the increase in teleworking that arose as insecurity and the abuses and a result of the COVID-19 crisis, it has discrimination suffered by workers, become even more urgent to ensure that paying specific attention to atypical workers are able to exercise their right to employment relationships and teleworking disconnect. arrangements, in particular in the context of the increase in teleworking that arose as a result of the COVID-19 crisis, it has become even more urgent to ensure that workers are able to exercise their right to disconnect.

Or. it

Amendment 197 Elżbieta Rafalska, Beata Szydło, Anna Zalewska

Motion for a resolution Annex I – Recital 7

Motion for a resolution Amendment

(7) Moreover, digital tools that are (7) Moreover, digital tools that are used for work purposes can create constant used for work purposes can create constant pressure and stress, have a detrimental pressure and stress, have a detrimental impact on workers’ physical and mental impact on workers’ physical and mental health and well-being and can lead to health and well-being and can lead to occupational illnesses, such as anxiety, occupational illnesses, such as anxiety, depression and burnout, which in turn depression, burnout, technostress, sleep place an increasing burden on employers problems and musculoskeletal disorders, and social insurance systems. Given the which in turn place an increasing burden challenges presented by the significantly on employers and social insurance systems.

PE655.974v01-00 96/172 AM\1212000EN.docx EN increasing use of digital tools for work Given the challenges presented by the purposes, atypical employment significantly increasing use of digital tools relationships and teleworking for work purposes, atypical employment arrangements, in particular in the context relationships and teleworking of the increase in teleworking that arose as arrangements, in particular in the context a result of the COVID-19 crisis, it has of the increase in teleworking that arose as become even more urgent to ensure that a result of the COVID-19 crisis, it has workers are able to exercise their right to become even more urgent to ensure that disconnect. workers are able to exercise their right to disconnect.

Or. pl

Amendment 198 Yana Toom

Motion for a resolution Annex I – Recital 7

Motion for a resolution Amendment

7. Moreover, digital tools that are 7. Moreover, digital tools that are used for work purposes can create constant used for work purposes can create constant pressure and stress, have a detrimental pressure and stress, have a detrimental impact on workers’ physical and mental impact on workers’ physical and mental health and well-being and can lead to health and well-being and can lead to occupational illnesses, such as anxiety, occupational illnesses, such as anxiety, depression and burnout, which in turn depression and burnout, which in turn place an increasing burden on employers place an increasing burden on employers and social insurance systems. Given the and social insurance systems. Given the challenges presented by the significantly challenges presented by the significantly increasing use of digital tools for work increasing use of digital tools for work purposes, atypical employment purposes, atypical employment relationships and teleworking relationships and teleworking arrangements, in particular in the context arrangements, in particular in the context of the increase in teleworking that arose as of the increase in teleworking that arose as a result of the COVID-19 crisis, it has a result of the COVID-19 crisis, it has become even more urgent to ensure that become even more urgent to ensure that workers are able to exercise their right to clear rules are established around disconnect. telework, including the right to disconnect.

Or. en

Amendment 199 Eugen Tomac

AM\1212000EN.docx 97/172 PE655.974v01-00 EN Motion for a resolution Annex I – Recital 7

Motion for a resolution Amendment

7. Moreover, digital tools that are 7. Moreover, digital tools that are used for work purposes can create constant used for work purposes can create constant pressure and stress, have a detrimental pressure and stress, have a detrimental impact on workers’ physical and mental impact on workers’ physical and mental health and well-being and can lead to health, family life and well-being and can occupational illnesses, such as anxiety, lead to occupational illnesses, such as depression and burnout, which in turn anxiety, depression and burnout, which in place an increasing burden on employers turn place an increasing burden on and social insurance systems. Given the employers and social insurance systems. challenges presented by the significantly Given the challenges presented by the increasing use of digital tools for work significantly increasing use of digital tools purposes, atypical employment for work purposes, atypical employment relationships and teleworking relationships and teleworking arrangements, in particular in the context arrangements, in particular in the context of the increase in teleworking that arose as of the increase in teleworking that arose as a result of the COVID-19 crisis, it has a result of the COVID-19 crisis, it has become even more urgent to ensure that become even more urgent to ensure that workers are able to exercise their right to workers are able to exercise their right to disconnect. disconnect.

Or. ro

Amendment 200 Miriam Lexmann

Motion for a resolution Annex I – Recital 8

Motion for a resolution Amendment

8. The expanding use of digital 8. The expanding use of digital technologies has transformed the technologies has transformed the traditional models of work and has created traditional models of work and has created an ‘ever-connected’ and ‘always on’ an ‘ever-connected’ and ‘always on’ culture. In that context, it is important to culture. In that context, it is important to ensure the protection of workers’ ensure that this development is used for fundamental rights, fair working the benefit of both employers and conditions, including their right to a fair employees. The employee can benefit remuneration and the implementation of from the bigger flexibility and the their working time, health and safety, and possibility to arrange his working tasks in a way that allows him to balance his work

PE655.974v01-00 98/172 AM\1212000EN.docx EN equality between men and women. life and private life or care responsibilities and this overall improvement in the work- life balance is also beneficial for the employer who has more efficient and contented employees. Secondly, it is also important to ensure the protection of workers’ fundamental rights, fair working conditions, including their right to a fair remuneration and the implementation of their working time, health and safety, and equality between men and women.

Or. en

Amendment 201 Sylvie Brunet, Véronique Trillet-Lenoir, Marie-Pierre Vedrenne, Ilana Cicurel

Motion for a resolution Annex I – Recital 8

Motion for a resolution Amendment

8. The expanding use of digital 8. The expanding use of digital technologies has transformed the technologies has transformed the traditional models of work and has created traditional models of work and has created an ‘ever-connected’ and ‘always on’ an ‘ever-connected’ and ‘always on’ culture. In that context, it is important to culture. In that context, it is important to ensure the protection of workers’ address and combat psychosocial risks, fundamental rights, fair working and ensure the protection of workers’ conditions, including their right to a fair fundamental rights, fair working remuneration and the implementation of conditions, including their right to a fair their working time, health and safety, and remuneration and the implementation of equality between men and women. their working time, health and safety, and equality between men and women.

Or. fr

Amendment 202 Yana Toom, Samira Rafaela

Motion for a resolution Annex I – Recital 9

AM\1212000EN.docx 99/172 PE655.974v01-00 EN Motion for a resolution Amendment

9. The right to disconnect refers to deleted workers’ right not to engage in work- related activities or communications outside working time, by means of digital tools, such as phone calls, emails or other messages. The right to disconnect should entitle workers to switch off work-related tools and not to respond to employers’ requests outside working time, with no risk of adverse consequences, such as dismissal or other retaliatory measures. Conversely, employers should be prohibited from using the workers’ labour outside working time.

Or. en

Amendment 203 Eugen Tomac

Motion for a resolution Annex I – Recital 9

Motion for a resolution Amendment

9. The right to disconnect refers to 9. The right to disconnect refers to workers’ right not to engage in work- workers’ right not to engage in work- related activities or communications related activities or communications outside working time, by means of digital outside working time, by means of digital tools, such as phone calls, emails or other tools, such as phone calls, emails or other messages. The right to disconnect should messages. The right to disconnect should entitle workers to switch off work-related entitle workers to switch off work-related tools and not to respond to employers’ tools and not to respond to employers’ requests outside working time, with no risk requests outside working time, with no risk of adverse consequences, such as dismissal of adverse consequences, such as dismissal or other retaliatory measures. Conversely, or other retaliatory measures, and without employers should be prohibited from using promoting an ‘always on’ work culture the workers’ labour outside working time. whereby employees who give up their right to disconnect are clearly favoured over others. Conversely, employers should be prohibited from using the workers’ labour outside working time.

Or. ro

PE655.974v01-00 100/172 AM\1212000EN.docx EN Amendment 204 Elżbieta Rafalska, Beata Szydło, Anna Zalewska

Motion for a resolution Annex I – Recital 9

Motion for a resolution Amendment

(9) The right to disconnect refers to (9) The right to disconnect refers to workers’ right not to engage in work- workers’ right not to engage in work- related activities or communications related activities or communications outside working time, by means of digital outside working time, by means of digital tools, such as phone calls, emails or other tools, such as phone calls, emails or other messages. The right to disconnect should messages. The right to disconnect should entitle workers to switch off work-related entitle workers to switch off work-related tools and not to respond to employers’ tools and not to respond to employers’ requests outside working time, with no risk requests outside working time, with no risk of adverse consequences, such as dismissal of adverse consequences, such as dismissal or other retaliatory measures. Conversely, or other retaliatory measures. employers should be prohibited from using the workers’ labour outside working time.

Or. pl

Amendment 205 José Gusmão, Marc Botenga

Motion for a resolution Annex I – Recital 9

Motion for a resolution Amendment

9. The right to disconnect refers to 9. The right to disconnect refers to workers’ right not to engage in work- workers’ right not to engage in work- related activities or communications related activities or communications outside working time, by means of digital outside working time, by means of digital tools, such as phone calls, emails or other tools, such as phone calls, emails or other messages. The right to disconnect should messages. The right to disconnect should entitle workers to switch off work-related be strengthened and entitle workers to tools and not to respond to employers’ switch off work-related tools and not to requests outside working time, with no risk respond to employers’ requests outside of adverse consequences, such as dismissal working time, with no risk of adverse or other retaliatory measures. Conversely, consequences, such as dismissal or other employers should be prohibited from using retaliatory measures. Conversely,

AM\1212000EN.docx 101/172 PE655.974v01-00 EN the workers’ labour outside working time. employers should be prohibited from using the workers’ labour and refrain from contacting workers outside working time.

Or. en

Amendment 206 Dennis Radtke

Motion for a resolution Annex I – Recital 9

Motion for a resolution Amendment

9. The right to disconnect refers to 9. The right to disconnect refers to workers’ right not to engage in work- workers’ right not to engage in work- related activities or communications related activities or communications outside working time, by means of digital outside working time, by means of digital tools, such as phone calls, emails or other tools, such as phone calls, emails or other messages. The right to disconnect should messages. The right to disconnect should entitle workers to switch off work-related entitle workers to switch off work-related tools and not to respond to employers’ tools and not to respond to employers’ requests outside working time, with no risk requests outside working time, with no risk of adverse consequences, such as dismissal of adverse consequences, such as dismissal or other retaliatory measures. Conversely, or other retaliatory measures. Conversely, employers should be prohibited from using employers must be prohibited from using the workers’ labour outside working time. the workers’ labour outside working time.

Or. en

Amendment 207 Alex Agius Saliba, Marc Angel, Agnes Jongerius, Estrella Durá Ferrandis, Brando Benifei, Lina Gálvez Muñoz, Milan Brglez, Alicia Homs Ginel, Pierfrancesco Majorino, Gabriele Bischoff, Manuel Pizarro, Vilija Blinkevičiūtė, Evelyn Regner, Elisabetta Gualmini, Klára Dobrev

Motion for a resolution Annex I – Recital 10

Motion for a resolution Amendment

PE655.974v01-00 102/172 AM\1212000EN.docx EN workers’ health and safety, and of fair workers’ health and safety, and of fair working conditions, including work-life working conditions, including work-life balance health and safety and of fair balance. working conditions, including work-life balance.

Or. en

Amendment 208 José Gusmão, Marc Botenga

Motion for a resolution Annex I – Recital 10

Motion for a resolution Amendment

10. The right to disconnect should 10. The right to disconnect should apply to all workers and all sectors, both apply to all workers and all sectors, both public and private. The purpose of the right public and private and should be to disconnect is to ensure the protection of effectively enforced. The purpose of the workers’ health and safety, and of fair right to disconnect is to ensure the working conditions, including work-life protection of workers’ health and safety, balance health and safety and of fair and of fair working conditions, including working conditions, including work-life work-life balance health and safety and of balance. fair working conditions, including work- life balance.

Or. en

Amendment 209 Eugen Tomac

Motion for a resolution Annex I – Recital 10

Motion for a resolution Amendment

10. The right to disconnect should 10. The right to disconnect should apply to all workers and all sectors, both apply to all workers and all sectors, both public and private. The purpose of the right public and private. The purpose of the right to disconnect is to ensure the protection of to disconnect is to ensure the protection of workers’ health and safety, and of fair workers’ health and safety, and of fair working conditions, including work-life working conditions, including work-life balance, health and safety. balance, family life, health and safety.

AM\1212000EN.docx 103/172 PE655.974v01-00 EN Or. ro

Amendment 210 Alex Agius Saliba, Milan Brglez, Manuel Pizarro, Vilija Blinkevičiūtė, Evelyn Regner, Elisabetta Gualmini, Marc Angel, Agnes Jongerius, Estrella Durá Ferrandis, Brando Benifei, Lina Gálvez Muñoz, Alicia Homs Ginel, Pierfrancesco Majorino, Klára Dobrev, Gabriele Bischoff

Motion for a resolution Annex I – Recital 11

Motion for a resolution Amendment

11. There is currently no Union law 11. There is currently no Union law specifically regulating the right to specifically regulating the right to disconnect. However, Council Directives disconnect. However, Council Directives 89/391/EEC4 and 91/383/EEC5 have the 89/391/EEC4 and 91/383/EEC5 have the purpose of encouraging improvements in purpose of encouraging improvements in the safety and health of workers with an the safety and health of workers with an unlimited, fixed-term or temporary unlimited, fixed-term or temporary employment relationship; Directive employment relationship; Directive 2003/88/EC of the European Parliament 2003/88/EC of the European Parliament and of the Council6 lays down minimum and of the Council6 lays down minimum safety and health requirements for the safety and health requirements for the organisation of working time; Directive organisation of working time, including in (EU) 2019/1152 of the European relation to maximum allowed working Parliament and of the Council7 has the hours and minimum rest periods to be purpose of improving working conditions respected; Directive (EU) 2019/1152 of the by promoting more transparent and European Parliament and of the Council7 predictable employment; and Directive has the purpose of improving working (EU) 2019/1158 of the European conditions by promoting more transparent Parliament and of the Council8 lays down and predictable employment; and Directive minimum requirements to facilitate the (EU) 2019/1158 of the European reconciliation of work and private life for Parliament and of the Council8 lays down workers who are parents or carers. minimum requirements to facilitate the reconciliation of work and private life for workers who are parents or carers. ______4 Council Directive 89/391/EEC of 12 June 4 Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to 1989 on the introduction of measures to encourage improvements in the safety and encourage improvements in the safety and health of workers at work (OJ L 183, health of workers at work (OJ L 183, 29.6.89, p. 1). 29.6.89, p. 1). 5 Council Directive 91/383/EEC of 25 June 5 Council Directive 91/383/EEC of 25 June 1991 supplementing the measures to 1991 supplementing the measures to encourage improvements in the safety and encourage improvements in the safety and

PE655.974v01-00 104/172 AM\1212000EN.docx EN health at work of workers with a fixed- health at work of workers with a fixed- duration employment relationship or a duration employment relationship or a temporary employment relationship (OJ L temporary employment relationship (OJ L 206, 29.7.91, p. 19). 206, 29.7.91, p. 19). 6 Directive 2003/88/EC of the European 6 Directive 2003/88/EC of the European Parliament and of the Council of 4 Parliament and of the Council of 4 November 2003 concerning certain aspects November 2003 concerning certain aspects of the organisation of working time (OJ L of the organisation of working time (OJ L 299, 18.11.2003, p. 9). 299, 18.11.2003, p. 9). 7 Directive (EU) 2019/1152 of the 7 Directive (EU) 2019/1152 of the European Parliament and of the Council of European Parliament and of the Council of 20 June 2019 on transparent and 20 June 2019 on transparent and predictable working conditions in the predictable working conditions in the European Union (OJ L 186, 11.7.2019, p. European Union (OJ L 186, 11.7.2019, p. 105). 105). 8 Directive (EU) 2019/1158 of the 8 Directive (EU) 2019/1158 of the European Parliament and of the Council of European Parliament and of the Council of 20 June 2019 on work-life balance for 20 June 2019 on work-life balance for parents and carers and repealing Council parents and carers and repealing Council Directive 2010/18/EU (OJ L 188, Directive 2010/18/EU (OJ L 188, 12.7.2019, p. 79). 12.7.2019, p. 79).

Or. en

Amendment 211 Miriam Lexmann

Motion for a resolution Annex I – Recital 11

Motion for a resolution Amendment

AM\1212000EN.docx 105/172 PE655.974v01-00 EN Parliament and of the Council7 has the organisation of working time; Directive purpose of improving working conditions (EU) 2019/1152 of the European by promoting more transparent and Parliament and of the Council7 has the predictable employment; and Directive purpose of improving working conditions (EU) 2019/1158 of the European by promoting more transparent and Parliament and of the Council8 lays down predictable employment; and Directive minimum requirements to facilitate the (EU) 2019/1158 of the European reconciliation of work and private life for Parliament and of the Council8 lays down workers who are parents or carers. minimum requirements to facilitate the reconciliation of work and private life for workers who are parents or carers. ______4 Council Directive 89/391/EEC of 12 June 4 Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to 1989 on the introduction of measures to encourage improvements in the safety and encourage improvements in the safety and health of workers at work (OJ L 183, health of workers at work (OJ L 183, 29.6.89, p. 1). 29.6.89, p. 1). 5 Council Directive 91/383/EEC of 25 June 5 Council Directive 91/383/EEC of 25 June 1991 supplementing the measures to 1991 supplementing the measures to encourage improvements in the safety and encourage improvements in the safety and health at work of workers with a fixed- health at work of workers with a fixed- duration employment relationship or a duration employment relationship or a temporary employment relationship (OJ L temporary employment relationship (OJ L 206, 29.7.91, p. 19). 206, 29.7.91, p. 19). 6 Directive 2003/88/EC of the European 6 Directive 2003/88/EC of the European Parliament and of the Council of 4 Parliament and of the Council of 4 November 2003 concerning certain aspects November 2003 concerning certain aspects of the organisation of working time (OJ L of the organisation of working time (OJ L 299, 18.11.2003, p. 9). 299, 18.11.2003, p. 9). 7 Directive (EU) 2019/1152 of the 7 Directive (EU) 2019/1152 of the European Parliament and of the Council of European Parliament and of the Council of 20 June 2019 on transparent and 20 June 2019 on transparent and predictable working conditions in the predictable working conditions in the European Union (OJ L 186, 11.7.2019, p. European Union (OJ L 186, 11.7.2019, p. 105). 105). 8 Directive (EU) 2019/1158 of the 8 Directive (EU) 2019/1158 of the European Parliament and of the Council of European Parliament and of the Council of 20 June 2019 on work-life balance for 20 June 2019 on work-life balance for parents and carers and repealing Council parents and carers and repealing Council Directive 2010/18/EU (OJ L 188, Directive 2010/18/EU (OJ L 188, 12.7.2019, p. 79). 12.7.2019, p. 79).

Or. en

PE655.974v01-00 106/172 AM\1212000EN.docx EN Amendment 212 Yana Toom

Motion for a resolution Annex I – Recital 11

Motion for a resolution Amendment

11. There is currently no Union law 11. There is currently no Union law specifically regulating the right to specifically regulating telework, including disconnect. However, Council Directives the right to disconnect. However, Council 89/391/EEC4 and 91/383/EEC5 have the Directives 89/391/EEC4 and 91/383/EEC5 purpose of encouraging improvements in have the purpose of encouraging the safety and health of workers with an improvements in the safety and health of unlimited, fixed-term or temporary workers with an unlimited, fixed-term or employment relationship; Directive temporary employment relationship; 2003/88/EC of the European Parliament Directive 2003/88/EC of the European and of the Council6 lays down minimum Parliament and of the Council6 lays down safety and health requirements for the minimum safety and health requirements organisation of working time; Directive for the organisation of working time; (EU) 2019/1152 of the European Directive (EU) 2019/1152 of the European Parliament and of the Council7 has the Parliament and of the Council7 has the purpose of improving working conditions purpose of improving working conditions by promoting more transparent and by promoting more transparent and predictable employment; and Directive predictable employment; and Directive (EU) 2019/1158 of the European (EU) 2019/1158 of the European Parliament and of the Council8 lays down Parliament and of the Council8 lays down minimum requirements to facilitate the minimum requirements to facilitate the reconciliation of work and private life for reconciliation of work and private life for workers who are parents or carers. workers who are parents or carers. ______4 Council Directive 89/391/EEC of 12 June 4 Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to 1989 on the introduction of measures to encourage improvements in the safety and encourage improvements in the safety and health of workers at work (OJ L 183, health of workers at work (OJ L 183, 29.6.89, p. 1). 29.6.89, p. 1). 5 Council Directive 91/383/EEC of 25 June 5 Council Directive 91/383/EEC of 25 June 1991 supplementing the measures to 1991 supplementing the measures to encourage improvements in the safety and encourage improvements in the safety and health at work of workers with a fixed- health at work of workers with a fixed- duration employment relationship or a duration employment relationship or a temporary employment relationship (OJ L temporary employment relationship (OJ L 206, 29.7.91, p. 19). 206, 29.7.91, p. 19). 6 Directive 2003/88/EC of the European 6 Directive 2003/88/EC of the European Parliament and of the Council of 4 Parliament and of the Council of 4 November 2003 concerning certain aspects November 2003 concerning certain aspects of the organisation of working time (OJ L of the organisation of working time (OJ L

AM\1212000EN.docx 107/172 PE655.974v01-00 EN 299, 18.11.2003, p. 9). 299, 18.11.2003, p. 9). 7 Directive (EU) 2019/1152 of the 7 Directive (EU) 2019/1152 of the European Parliament and of the Council of European Parliament and of the Council of 20 June 2019 on transparent and 20 June 2019 on transparent and predictable working conditions in the predictable working conditions in the European Union (OJ L 186, 11.7.2019, p. European Union (OJ L 186, 11.7.2019, p. 105). 105). 8 Directive (EU) 2019/1158 of the 8 Directive (EU) 2019/1158 of the European Parliament and of the Council of European Parliament and of the Council of 20 June 2019 on work-life balance for 20 June 2019 on work-life balance for parents and carers and repealing Council parents and carers and repealing Council Directive 2010/18/EU (OJ L 188, Directive 2010/18/EU (OJ L 188, 12.7.2019, p. 79). 12.7.2019, p. 79).

Or. en

Amendment 213 Petra De Sutter

Motion for a resolution Annex I – Recital 12

Motion for a resolution Amendment

12. Pursuant to Directive 2003/88/EC, 12. Pursuant to Directive 2003/88/EC, workers in the Union have the right to workers in the Union have the right to minimum safety and health requirements minimum safety and health requirements for the organisation of working time. In for the organisation of working time. In that context, that Directive provides for that context, that Directive provides for daily rest, rest breaks, weekly rest, daily rest, rest breaks, weekly rest, maximum weekly working time and annual maximum weekly working time and annual leave, and regulates certain aspects of night leave, and regulates certain aspects of night work, shift work and work patterns. It is work, shift work and work patterns. It is settled case-law of the Court of Justice of settled case-law of the Court of Justice of the European Union (CJEU) that on-call the European Union (CJEU) that on-call time, during which a worker is required to time, during which a worker is required to be physically present at a place specified be physically present at a place specified by the employer, is to be regarded as by the employer, is to be regarded as “wholly working time, irrespective of the “wholly working time, irrespective of the fact that, during periods of on-call time, the fact that, during periods of on-call time, the person concerned is not continuously person concerned is not continuously carrying on any professional activity”9 , carrying on any professional activity”9 , and that standby time, which a worker is and that standby time, which a worker is obliged to spend at home, while being obliged to spend at home, while being available to the employer, is to be available to the employer, is to be considered to be working time10 . considered to be working time10 .

PE655.974v01-00 108/172 AM\1212000EN.docx EN Moreover, the CJEU has interpreted Moreover, the CJEU has interpreted minimum rest periods as “rules of minimum rest periods as “rules of European Union social law of particular European Union social law of particular importance from which every worker must importance from which every worker must benefit as a minimum requirement benefit as a minimum requirement necessary to ensure the protection of his necessary to ensure the protection of his health and safety”11 . However, Directive health and safety”11. However, Directive 2003/88/EC makes no express provision 2003/88/EC makes no express provision for a worker’s right to disconnect outside for a worker’s right to disconnect, nor does working hours, during rest periods or other it require workers to be reachable outside non-work time. working hours, during rest periods or other non-work time, but it does provide for the right to uninterrupted daily, weekly and annual rest periods, during which the worker can and should not be reached. Furthermore, there is no explicit Union provision that enforces the right to be unavailable at all times outside of the (contractually) agreed working hours. ______9 Judgment of the Court of Justice of 5 9 Judgment of the Court of Justice of 5 October 2004, Pfeiffer and others, C- October 2004, Pfeiffer and others, C- 397/01 to C-403/01, ECLI:EU:C:2004:584, 397/01 to C-403/01, ECLI:EU:C:2004:584, paragraph 93. paragraph 93. 10 Judgment of the Court of Justice of 21 10 Judgment of the Court of Justice of 21 February 2018, Matzak, February 2018, Matzak, ECLI:EU:C:2018:82, C-518/15, paragraph ECLI:EU:C:2018:82, C-518/15, paragraph 66. 66. 11 Judgment of 7 September 2006, 11 Judgment of 7 September 2006, Commission v United Kingdom, C-484/04, Commission v United Kingdom, C-484/04, ECLI:EU:C:2006:526, paragraph 36. ECLI:EU:C:2006:526, paragraph 36.

Or. en

Amendment 214 Yana Toom

Motion for a resolution Annex I – Recital 14

Motion for a resolution Amendment

14. In its case law, the CJEU has 14. In its case law, the CJEU has established criteria for determining the established criteria for determining the status of a worker. The interpretation of the status of a worker. The interpretation of the

AM\1212000EN.docx 109/172 PE655.974v01-00 EN CJEU of those criteria should be taken into CJEU of those criteria should be taken into account in the implementation of this account in the implementation of this Directive. Provided that they fulfil those Directive. Provided that they fulfil those criteria, atypical workers, such as on- criteria, atypical workers, such as on- demand workers, part-time workers, demand workers, part-time workers, intermittent workers, voucher based- intermittent workers, voucher based- workers, platform workers, trainees and workers, platform workers, trainees and apprentices, whether they are engaged in apprentices, whether they are engaged in the private or public sector, fall within the the private or public sector, fall within the scope of this Directive. The abuse of the scope of this Directive. status of self-employed persons, as defined in national law, either at national level or in cross-border situations, is a form of falsely declared work that is frequently associated with undeclared work. Bogus self-employment occurs when a person is declared to be self- employed while fulfilling the conditions characteristic of an employment relationship, in order to avoid certain legal or fiscal obligations. Such persons should fall within the scope of this Directive. The determination of the existence of an employment relationship should be guided by the facts relating to the actual performance of the work and not by the parties’ description of the relationship. For the purposes of this Directive, the term worker refers to any worker who has an employment relationship that fulfils the criteria of the CJEU.

Or. en

Amendment 215 José Gusmão, Marc Botenga

Motion for a resolution Annex I – Recital 14

Motion for a resolution Amendment

14. In its case law, the CJEU has 14. This Directive applies to all established criteria for determining the workers in both private and public sector status of a worker. The interpretation of the and irrespective of the duration and type CJEU of those criteria should be taken into of employment contract and status of

PE655.974v01-00 110/172 AM\1212000EN.docx EN account in the implementation of this those workers. In its case law the CJEU Directive. Provided that they fulfil those has established criteria for determining the criteria, atypical workers, such as on- status of a worker. The interpretation of the demand workers, part-time workers, CJEU of those criteria should be taken into intermittent workers, voucher based- account in the implementation of this workers, platform workers, trainees and Directive. Provided that they fulfil those apprentices, whether they are engaged in criteria, atypical workers, such as on- the private or public sector, fall within the demand workers, part-time workers, scope of this Directive. The abuse of the intermittent workers, voucher based- status of self-employed persons, as defined workers, platform workers, trainees and in national law, either at national level or in apprentices, whether they are engaged in cross-border situations, is a form of falsely the private or public sector, fall within the declared work that is frequently associated scope of this Directive. The abuse of the with undeclared work. Bogus self- status of self-employed persons, as defined employment occurs when a person is in national law, either at national level or in declared to be self-employed while cross-border situations, is a form of falsely fulfilling the conditions characteristic of an declared work that is frequently associated employment relationship, in order to avoid with undeclared work. Bogus self- certain legal or fiscal obligations. Such employment occurs when a person is persons should fall within the scope of this declared to be self-employed while Directive. The determination of the fulfilling the conditions characteristic of an existence of an employment relationship employment relationship, in order to avoid should be guided by the facts relating to certain legal or fiscal obligations. Such the actual performance of the work and not persons should fall within the scope of this by the parties’ description of the Directive. The determination of the relationship. For the purposes of this existence of an employment relationship Directive, the term worker refers to any should be guided by the facts relating to worker who has an employment the actual performance of the work and not relationship that fulfils the criteria of the by the parties’ description of the CJEU. relationship. For the purposes of this Directive, the term worker refers to any worker who has an employment relationship that fulfils the criteria of the CJEU.

Or. en

Amendment 216 Yana Toom

Motion for a resolution Annex I – Recital 15

Motion for a resolution Amendment

15. In recent decades, standard deleted employment contracts have declined and

AM\1212000EN.docx 111/172 PE655.974v01-00 EN the prevalence of atypical or flexible working arrangements has increased, due in large part to the digitalisation of economic activities. There is Union law on some types of atypical work. Council Directive 97/81/EC13 implements the framework agreement between the European social partners on part-time work and has the purpose of providing for the removal of discrimination against part-time workers, improving the quality of part-time work, facilitating the development of part-time work on a voluntary basis and contributing to the flexible organization of working time in a manner which takes into account the needs of employers and workers. Council Directive 1999/70/EC14 puts into effect the framework agreement between the European social partners on fixed-term contracts and has the purpose of improving the quality of fixed-term work by ensuring the application of the principle of non-discrimination and preventing abuse arising from the use of successive fixed-term employment contracts or relationships. Directive 2008/104/EC of the European Parliament and of the Council15 , which was adopted following the failure of the European social partners to adopt a framework agreement, has the purpose of ensuring the protection of temporary agency workers and improving the quality of temporary agency work by ensuring equal treatment and by recognising temporary work agencies as employers, while taking into account the need to establish a suitable framework for the use of temporary agency work with a view to contributing effectively to the creation of jobs and to the development of flexible forms of working. Moreover, the European social partners adopted framework agreements on telework in July 2002 and on digitalisation in June 2020. The latter provides for possible measures to be agreed between the social partners with regard to the workers’

PE655.974v01-00 112/172 AM\1212000EN.docx EN connecting with and disconnecting from work. ______13 Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC (OJ L 14, 20.1.98, p. 9). 14 Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ L 175, 10.7.1999, p. 43). 15 Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work (OJ L 327, 5.12.2008, p. 9).

Or. en

Amendment 217 José Gusmão, Marc Botenga

Motion for a resolution Annex I – Recital 15 a (new)

Motion for a resolution Amendment

15a. Moreover, the European cross- industry social partners adopted framework agreements on telework in July 2002 and on digitalisation in June 2020. The latter provides for possible measures to be agreed between the social partners with regard to the workers’ connecting with and disconnecting from work.

Or. en

Amendment 218 José Gusmão, Marc Botenga

AM\1212000EN.docx 113/172 PE655.974v01-00 EN Motion for a resolution Annex I – Recital 18

Motion for a resolution Amendment

18. The purpose of this Directive is to 18. The purpose of this Directive is to improve working conditions for all workers improve working conditions for all workers by laying down minimum requirements for by laying down minimum requirements to the right to disconnect while ensuring strengthen and enforce the right to labour market adaptability. This Directive disconnect while ensuring labour market should be implemented in a manner adaptability. This Directive should be consistent with Directives 2003/88/EC, implemented in a manner that fully (EU) 2019/1152 and (EU) 2019/1158. respects the minimum requirements of Directives 2003/88/EC, (EU) 2019/1152 and (EU) 2019/1158 and does not have any negative effect on workers.

Or. en

Amendment 219 Daniela Rondinelli, Chiara Gemma

Motion for a resolution Annex I – Recital 18

Motion for a resolution Amendment

18. The purpose of this Directive is to 18. The purpose of this Directive is to improve working conditions for all workers improve working conditions for all workers by laying down minimum requirements for by laying down minimum requirements for the right to disconnect while ensuring the right to disconnect while ensuring labour market adaptability. This Directive labour market adaptability. This Directive should be implemented in a manner should particularise and complement the consistent with Directives 2003/88/EC, provisions of Directives 2003/88/EC, (EU) (EU) 2019/1152 and (EU) 2019/1158. 2019/1152 and (EU) 2019/1158, and be implemented in a consistent manner.

Or. it

Amendment 220 Alex Agius Saliba, Elisabetta Gualmini, Marc Angel, Agnes Jongerius, Estrella Durá Ferrandis, Brando Benifei, Lina Gálvez Muñoz, Alicia Homs Ginel, Pierfrancesco Majorino, Klára Dobrev, Milan Brglez, Manuel Pizarro, Vilija Blinkevičiūtė, Evelyn Regner, Gabriele Bischoff

PE655.974v01-00 114/172 AM\1212000EN.docx EN Motion for a resolution Annex I – Recital 18

Motion for a resolution Amendment

18. The purpose of this Directive is to 18. The purpose of this Directive is to improve working conditions for all workers improve working conditions for all workers by laying down minimum requirements for by laying down minimum requirements for the right to disconnect while ensuring the right to disconnect while ensuring labour market adaptability. This Directive labour market adaptability. This Directive should be implemented in a manner should fully respect the minimum consistent with Directives 2003/88/EC, requirements set out in Directives (EU) 2019/1152 and (EU) 2019/1158. 2003/88/EC, (EU) 2019/1152 and (EU) 2019/1158.

Or. en

Amendment 221 Yana Toom

Motion for a resolution Annex I – Recital 18

Motion for a resolution Amendment

18. The purpose of this Directive is to 18. The purpose of this Directive is to improve working conditions for all workers improve working conditions for all workers by laying down minimum requirements for by laying down minimum requirements for the right to disconnect while ensuring telework, including the right to disconnect labour market adaptability. This Directive while ensuring labour market adaptability. should be implemented in a manner This Directive should be implemented in a consistent with Directives 2003/88/EC, manner consistent with Directives (EU) 2019/1152 and (EU) 2019/1158. 2003/88/EC, (EU) 2019/1152 and (EU) 2019/1158.

Or. en

Amendment 222 Dennis Radtke

Motion for a resolution Annex I – Recital 18

AM\1212000EN.docx 115/172 PE655.974v01-00 EN Motion for a resolution Amendment

18. The purpose of this Directive is to 18. The purpose of this Directive is to improve working conditions for all workers improve working conditions for all workers by laying down minimum requirements for by laying down minimum requirements for the right to disconnect while ensuring the right to disconnect. This Directive labour market adaptability. This Directive should be implemented in a manner should be implemented in a manner consistent with Directives 2003/88/EC, consistent with Directives 2003/88/EC, (EU) 2019/1152 and (EU) 2019/1158. (EU) 2019/1152 and (EU) 2019/1158.

Or. en

Amendment 223 Anne Sander

Motion for a resolution Annex I – Recital 19

Motion for a resolution Amendment

19. The practical arrangements for the 19. The practical arrangements for the exercise of the right to disconnect by the exercise of the right to disconnect by the worker and the implementation of that worker and the implementation of that right by the employer should be able to be right by the employer should be able to be agreed by the social partners by means of agreed by the social partners by means of collective agreement or at the level of the collective agreement or at the level of the employer undertaking. Member States employer undertaking. Member States should ensure that employers provide should ensure that employers provide workers with a written statement setting workers with the necessary information out those practical arrangements. without this imposing an excessive administrative burden on businesses, in particular SMEs and very small enterprises.

Or. fr

Amendment 224 Eugen Tomac

Motion for a resolution Annex I – Recital 19

PE655.974v01-00 116/172 AM\1212000EN.docx EN Motion for a resolution Amendment

19. The practical arrangements for the 19. The practical arrangements for the exercise of the right to disconnect by the exercise of the right to disconnect by the worker and the implementation of that worker and the implementation of that right by the employer should be able to be right by the employer should be able to be agreed by the social partners by means of agreed by the social partners by means of collective agreement or at the level of the collective agreement or at the level of the employer undertaking. Member States employer undertaking. Member States should ensure that employers provide should ensure, through the national workers with a written statement setting labour inspection authorities and in out those practical arrangements. collaboration with the ELA, that employers provide workers with a written statement setting out those practical arrangements.

Or. ro

Amendment 225 Yana Toom, Samira Rafaela

Motion for a resolution Annex I – Recital 19

Motion for a resolution Amendment

19. The practical arrangements for the 19. The practical arrangements for the exercise of the right to disconnect by the exercise of the right to disconnect by the worker and the implementation of that worker and the implementation of that right by the employer should be able to be right by the employer may be able to be agreed by the social partners by means of agreed by the social partners by means of collective agreement or at the level of the collective agreement or at the level of the employer undertaking. Member States employer undertaking. Member States should ensure that employers provide should ensure that employers provide workers with a written statement setting workers with a written statement setting out those practical arrangements. out those practical arrangements.

Or. en

Amendment 226 Miriam Lexmann

Motion for a resolution Annex I – Recital 20

AM\1212000EN.docx 117/172 PE655.974v01-00 EN Motion for a resolution Amendment

20. The autonomy of the social deleted partners should be respected. Member States should be able to allow the social partners to maintain, negotiate, conclude and enforce collective agreements to enforce all or certain provisions contained in this Directive.

Or. en

Amendment 227 José Manuel Fernandes

Motion for a resolution Annex I – Recital 20

Motion for a resolution Amendment

20. The autonomy of the social partners 20. The autonomy of the social partners should be respected. Member States should should be respected. Member States should be able to allow the social partners to allow the social partners to maintain, maintain, negotiate, conclude and enforce negotiate, conclude and enforce collective collective agreements to enforce all or agreements to enforce all or certain certain provisions contained in this provisions contained in this Directive. Directive.

Or. pt

Amendment 228 José Gusmão, Marc Botenga

Motion for a resolution Annex I – Recital 20

Motion for a resolution Amendment

20. The autonomy of the social partners 20. The autonomy of the social partners should be respected. Member States should should be respected. Member States should be able to allow the social partners to support the social partners in maintaining, maintain, negotiate, conclude and enforce negotiating, concluding and enforcing collective agreements to enforce all or collective agreements to enforce all certain provisions contained in this provisions contained in this Directive.

PE655.974v01-00 118/172 AM\1212000EN.docx EN Directive.

Or. en

Amendment 229 José Manuel Fernandes

Motion for a resolution Annex I – Recital 21

Motion for a resolution Amendment

21. Member States should ensure, in 21. Member States should ensure, in accordance with national law and practice, accordance with national law and practice, the effective involvement of the social the effective involvement of the social partners and to promote and enhance social partners and to promote and enhance social dialogue with a view to implementing this dialogue with a view to implementing this Directive. Member States should be able to Directive. Member States should be able to entrust the social partners with the entrust the social partners with the implementation of this Directive, where the implementation of this Directive, where the social partners jointly request to do so and social partners request to do so and provided that the Member States take all provided that the Member States take all the necessary steps to ensure that they can the necessary steps to ensure that they can at all times guarantee the results sought at all times guarantee the results sought under this Directive. under this Directive.

Or. pt

Amendment 230 Yana Toom, Samira Rafaela

Motion for a resolution Annex I – Recital 22

Motion for a resolution Amendment

22. Employers should not be entitled deleted to derogate from their requirement to implement the right to disconnect other than by means of collective agreement or by agreement between the social partners at the level of the employer undertaking. Such agreements should also provide for the criteria for determining compensation for any work carried out outside working

AM\1212000EN.docx 119/172 PE655.974v01-00 EN time. Such compensation should be able to take the form of leave or financial compensation. In the case of a financial compensation, it should be at least equivalent to the workers’ usual remuneration.

Or. en

Amendment 231 Alex Agius Saliba, Brando Benifei, Lina Gálvez Muñoz, Alicia Homs Ginel, Pierfrancesco Majorino, Klára Dobrev, Gabriele Bischoff, Milan Brglez, Manuel Pizarro, Vilija Blinkevičiūtė, Evelyn Regner, Elisabetta Gualmini, Marc Angel, Agnes Jongerius, Estrella Durá Ferrandis

Motion for a resolution Annex I – Recital 22

Motion for a resolution Amendment

22. Employers should not be entitled to 22. Employers should not be entitled to derogate from their requirement to derogate from their requirement to implement the right to disconnect other implement the right to disconnect other than by means of collective agreement or than by means of collective agreement or by agreement between the social partners by agreement between the social partners at the level of the employer undertaking. at the level of the employer undertaking. Such agreements should also provide for Such agreements should also provide for the criteria for determining compensation the criteria for determining compensation for any work carried out outside working for any work carried out outside working time. Such compensation should be able to time. Such compensation should be able to take the form of leave or financial take the form of leave or financial compensation. In the case of a financial compensation. In the case of a financial compensation, it should be at least compensation, it should be at least equivalent to the workers’ usual equivalent to the workers’ usual remuneration. remuneration. Where overtime compensation is agreed, such provisions should ensure that the overall goal of ensuring workers’ health and safety is respected, particularly in relation to the provisions included in the working time legislation.

Or. en

PE655.974v01-00 120/172 AM\1212000EN.docx EN Amendment 232 Petra De Sutter

Motion for a resolution Annex I – Recital 22

Motion for a resolution Amendment

22. Employers should not be entitled to 22. Employers should not be entitled to derogate from their requirement to derogate from their requirement to implement the right to disconnect other implement the right to disconnect. Such than by means of collective agreement or agreements should also provide for the by agreement between the social partners criteria for determining compensation for at the level of the employer undertaking. any work carried out outside working time. Such agreements should also provide for Such compensation should be able to take the criteria for determining compensation the form of leave or financial for any work carried out outside working compensation. In the case of a financial time. Such compensation should be able to compensation, it should be at least take the form of leave or financial equivalent to the workers’ usual compensation. In the case of a financial remuneration. compensation, it should be at least equivalent to the workers’ usual remuneration.

Or. en

Amendment 233 Elżbieta Rafalska, Beata Szydło, Anna Zalewska

Motion for a resolution Annex I – Recital 22

Motion for a resolution Amendment

(22) Employers should not be entitled to (22) Employers should be entitled to derogate from their requirement to derogate from their requirement to implement the right to disconnect other implement the right to disconnect in than by means of collective agreement or accordance with the applicable national by agreement between the social partners law and regulations on collective at the level of the employer undertaking. agreements. Such agreements should also Such agreements should also provide for provide for the criteria for determining the criteria for determining compensation compensation for any work carried out for any work carried out outside working outside working time. Such compensation time. Such compensation should be able to should be able to take the form of leave or take the form of leave or financial financial compensation. In the case of a compensation. In the case of a financial financial compensation, it should be at compensation, it should be at least least equivalent to the workers’ usual

AM\1212000EN.docx 121/172 PE655.974v01-00 EN equivalent to the workers’ usual remuneration. remuneration.

Or. pl

Amendment 234 Eugen Tomac

Motion for a resolution Annex I – Recital 22

Motion for a resolution Amendment

22. Employers should not be entitled to 22. Employers should not be entitled to derogate from their requirement to derogate from their requirement to implement the right to disconnect other implement the right to disconnect other than by means of collective agreement or than by means of collective agreement or by agreement between the social partners by agreement between the social partners at the level of the employer undertaking. at the level of the employer undertaking. Such agreements should also provide for Such agreements should also provide for the criteria for determining compensation the criteria for determining compensation for any work carried out outside working for any work carried out outside working time. Such compensation should be able to time, however short. Such compensation take the form of leave or financial should be able to take the form of leave or compensation. In the case of a financial financial compensation. In the case of a compensation, it should be at least financial compensation, it should be at equivalent to the workers’ usual least equivalent to the workers’ usual remuneration. remuneration.

Or. ro

Amendment 235 Eugen Tomac

Motion for a resolution Annex I – Recital 23

Motion for a resolution Amendment

23. Workers who exercise their rights 23. Workers who exercise their rights provided for in this Directive should be provided for in this Directive should be protected from any adverse consequences, protected from any adverse consequences, including dismissal and other retaliatory including dismissal and other retaliatory measures. Such workers should also be measures. Such workers should also be protected against discriminatory measures, protected against discriminatory measures,

PE655.974v01-00 122/172 AM\1212000EN.docx EN such as a loss of income or of promotion such as a loss of income or of promotion opportunities. opportunities. Employers should not promote an ‘always on’ work culture whereby promotions and bonuses are given only to those who work without exercising their right to disconnect. In addition, those who report situations of non-compliance with the right to disconnect in the workplace should be protected from being penalised.

Or. ro

Amendment 236 Eugen Tomac

Motion for a resolution Annex I – Recital 24

Motion for a resolution Amendment

24. Workers should have adequate 24. Workers should have adequate and judicial and administrative protection rapid judicial and administrative protection against any adverse treatment resulting against any adverse treatment resulting from their exercising or seeking to exercise from their exercising or seeking to exercise the rights provided for under this Directive, the rights provided for under this Directive, including the right of redress as well as the including the right of redress as well as the right to initiate administrative or legal right to initiate administrative or legal proceedings to ensure compliance with this proceedings to ensure compliance with this Directive. Directive.

Or. ro

Amendment 237 Yana Toom

Motion for a resolution Annex I – Recital 25

Motion for a resolution Amendment

25. Member States may lay down the 25. Member States may lay down the arrangements for the exercise of the right arrangements for the provisions established to disconnect established in this Directive, in this Directive, in accordance with in accordance with national law, collective national law, collective agreements or

AM\1212000EN.docx 123/172 PE655.974v01-00 EN agreements or practice. Member States practice. should provide for effective, proportionate and dissuasive penalties for breaches of the obligations under this Directive.

Or. en

Amendment 238 Sylvie Brunet, Véronique Trillet-Lenoir, Marie-Pierre Vedrenne, Ilana Cicurel

Motion for a resolution Annex I – Recital 25

Motion for a resolution Amendment

25. Member States may lay down the 25. Member States may lay down the arrangements for the exercise of the right arrangements for the exercise of the right to disconnect established in this Directive, to disconnect established in this Directive, in accordance with national law, collective in accordance with national law, collective agreements or practice. Member States agreements or practice. Member States should provide for effective, proportionate should be able to provide for effective, and dissuasive penalties for breaches of the proportionate and dissuasive penalties for obligations under this Directive. breaches of the obligations under this Directive.

Or. fr

Amendment 239 José Gusmão, Marc Botenga

Motion for a resolution Annex I – Recital 25

Motion for a resolution Amendment

25. Member States may lay down the 25. Member States should lay down the arrangements for the exercise of the right arrangements for the enforcement of the to disconnect established in this Directive, right to disconnect established in this in accordance with national law, collective Directive, in accordance with national law, agreements or practice. Member States collective agreements or practice. Member should provide for effective, proportionate States should provide for effective, and dissuasive penalties for breaches of the proportionate and dissuasive penalties for obligations under this Directive. breaches of the obligations under this Directive.

PE655.974v01-00 124/172 AM\1212000EN.docx EN Or. en

Amendment 240 Daniela Rondinelli, Chiara Gemma

Motion for a resolution Annex I – Recital 25

Motion for a resolution Amendment

25. Member States may lay down the 25. (Does not affect English version) arrangements for the exercise of the right to disconnect established in this Directive, in accordance with national law, collective agreements or practice. Member States should provide for effective, proportionate and dissuasive penalties for breaches of the obligations under this Directive.

Or. it

Amendment 241 Elżbieta Rafalska, Beata Szydło, Anna Zalewska

Motion for a resolution Annex I – Recital 25

Motion for a resolution Amendment

(25) Member States may lay down the (25) Member States may lay down the arrangements for the exercise of the right arrangements for the exercise of the right to disconnect established in this Directive, to disconnect established in this Directive, in accordance with national law, collective in accordance with national law, collective agreements or practice. Member States agreements or practice. Member States should provide for effective, proportionate should provide for effective and and dissuasive penalties for breaches of proportionate penalties for breaches of the the obligations under this Directive. obligations under this Directive.

Or. pl

Amendment 242 Yana Toom, Samira Rafaela

AM\1212000EN.docx 125/172 PE655.974v01-00 EN Motion for a resolution Annex I – Recital 26

Motion for a resolution Amendment

26. The burden of proof with regard to deleted establishing that a dismissal or equivalent detriment did not take place on the grounds that a worker exercised or sought to exercise the right to disconnect should fall on the employer where a worker has established, before a court or another competent authority, facts capable of giving rise to a presumption that the worker has been dismissed or suffered other detrimental effects on such grounds.

Or. en

Amendment 243 José Gusmão, Marc Botenga

Motion for a resolution Annex I – Recital 27

Motion for a resolution Amendment

27. This Directive lays down minimum 27. This Directive lays down minimum requirements, thus leaving untouched requirements, thus leaving untouched Member States’ prerogative to introduce Member States’ prerogative to introduce and maintain more favourable provisions. and maintain more favourable provisions. This Directive should not constitute valid This Directive and its implementation grounds for reducing the general level of should not constitute valid grounds for protection afforded to workers in the field reducing the general level of protection covered by this Directive. afforded to workers in the field covered by this Directive.

Or. en

Amendment 244 Eugen Tomac

Motion for a resolution Annex I – Recital 29

PE655.974v01-00 126/172 AM\1212000EN.docx EN Motion for a resolution Amendment

29. In order to assess the impact of this 29. In order to assess the impact of this Directive, the Commission and the Directive, the Commission and the Member States are encouraged to continue Member States are encouraged to continue to cooperate with one another in order to to cooperate with one another, with develop comparable statistics and data on support from the ELA, in order to develop the implementation of the rights comparable statistics and data on the established in this Directive. implementation of the rights established in this Directive.

Or. ro

Amendment 245 Yana Toom, Samira Rafaela

Motion for a resolution Annex I – Article 1 – paragraph 1

Motion for a resolution Amendment

1. This Directive lays down minimum 1. This Directive lays down minimum requirements to enable workers who use requirements regarding the organisation digital tools, including ICT, for work of work of teleworkers, including their purposes, to exercise their right to right to disconnect and to ensure that disconnect and to ensure that employers employers respect workers’ right to resting respect workers’ right to disconnect. It time. applies to all sectors, both public and private, and to all workers, including on- demand workers, intermittent workers, voucher based-workers, platform workers, trainees and apprentices, provided that they fulfil the criteria for determining the status of a worker laid down by the CJEU.

Or. en

Amendment 246 Petra De Sutter

Motion for a resolution Annex I – Article 1 – paragraph 1

AM\1212000EN.docx 127/172 PE655.974v01-00 EN Motion for a resolution Amendment

1. This Directive lays down minimum 1. This Directive lays down to enforce requirements to enable workers who use minimum requirements to enable workers digital tools, including ICT, for work who use digital tools, including ICT, for purposes, to exercise their right to work purposes, to exercise and enforce disconnect and to ensure that employers their right to disconnect and to ensure that respect workers’ right to disconnect. It employers respect workers’ right to applies to all sectors, both public and disconnect. It applies to all sectors, both private, and to all workers, including on- public and private, regardless of the size of demand workers, intermittent workers, the enterprise, and to all workers, voucher based-workers, platform workers, independent from their status and their trainees and apprentices, provided that they working arrangement, including on- fulfil the criteria for determining the status demand workers, intermittent workers, of a worker laid down by the CJEU. voucher based-workers, platform workers, trainees and apprentices, provided that they fulfil the criteria for determining the status of a worker laid down by the CJEU.

Or. en

Amendment 247 José Gusmão, Marc Botenga

Motion for a resolution Annex I – Article 1 – paragraph 1

Motion for a resolution Amendment

1. This Directive lays down minimum 1. This Directive lays down minimum requirements to enable workers who use requirements to enable workers to exercise digital tools, including ICT, for work their right to disconnect and to ensure that purposes, to exercise their right to employers respect workers’ right to disconnect and to ensure that employers disconnect. It applies to all sectors, both respect workers’ right to disconnect. It public and private, and to all workers, applies to all sectors, both public and including on-demand workers, intermittent private, and to all workers, including on- workers, voucher based-workers, platform demand workers, intermittent workers, workers, trainees and apprentices, provided voucher based-workers, platform workers, that they fulfil the criteria for determining trainees and apprentices, provided that they the status of a worker laid down by the fulfil the criteria for determining the status CJEU. of a worker laid down by the CJEU.

Or. en

PE655.974v01-00 128/172 AM\1212000EN.docx EN Amendment 248 Petra De Sutter

Motion for a resolution Annex I – Article 1 – paragraph 2

Motion for a resolution Amendment

2. This Directive particularises and 2. This Directive particularises, complements Directives 2003/88/EC, (EU) complements and enforces Directives 2019/1152 and (EU) 2019/1158 for the 2003/88/EC, (EU) 2019/1152 and (EU) purposes mentioned in paragraph 1. 2019/1158 as well as Council Directive 89/391/EEC for the purposes mentioned in paragraph 1, and its implementation shall fully respect the requirements laid down in those Directives and shall not have any negative effect on workers.

Or. en

Amendment 249 José Gusmão, Marc Botenga

Motion for a resolution Annex I – Article 1 – paragraph 2

Motion for a resolution Amendment

2. This Directive particularises and 2. This Directive particularises and complements Directives 2003/88/EC, (EU) complements Directives 2003/88/EC, (EU) 2019/1152 and (EU) 2019/1158 for the 2019/1152 and (EU) 2019/1158 for the purposes mentioned in paragraph 1. purposes mentioned in paragraph 1 without prejudice to the requirements laid down in those Directives.

Or. en

Amendment 250 Petra De Sutter

Motion for a resolution Annex I – Article 2 – paragraph 1 – point 1

AM\1212000EN.docx 129/172 PE655.974v01-00 EN Motion for a resolution Amendment

(1) “disconnect” means not to engage (1) “disconnect” means not to engage in work-related activities or in work-related activities or communications by means of digital tools, communications by means of digital tools, directly or indirectly, outside working directly or indirectly, outside the time; contractually agreed working time;

Or. en

Amendment 251 Dennis Radtke

Motion for a resolution Annex I – Article 2 – paragraph 1 – point 1

Motion for a resolution Amendment

Or. en

Amendment 252 Yana Toom

Motion for a resolution Annex I – Article 2 – paragraph 1 – point 1 a (new)

Motion for a resolution Amendment

(1a) “telework” means organising and/or performing work, using information technology, in the context of an employment contract/relationship, where work, which could also be performed at the employer’s premises, is carried out away from those premises;

Or. en

PE655.974v01-00 130/172 AM\1212000EN.docx EN Amendment 253 Yana Toom

Motion for a resolution Annex I – Article 2 – paragraph 1 – point 1 b (new)

Motion for a resolution Amendment

(1b) “teleworker” is any person carrying out telework;

Or. en

Amendment 254 Petra De Sutter

Motion for a resolution Annex I – Article 2 – paragraph 1 – point 2

Motion for a resolution Amendment

(2) “working time” means working (2) “contractually agreed working time as defined in point (1) of Article 2 of time” means working time as agreed in the Directive 2003/88/EC. working contract or collective agreement according to the definition in point (1) of Article 2 of Directive 2003/88/EC.

Or. en

Amendment 255 Dennis Radtke

Motion for a resolution Annex I – Article 2 – paragraph 1 – point 2

Motion for a resolution Amendment

(2) “working time” means working (2) “working time” means time as defined in point (1) of Article 2 of contractually agreed working time as Directive 2003/88/EC. defined in point (1) of Article 2 of Directive 2003/88/EC.

Or. en

AM\1212000EN.docx 131/172 PE655.974v01-00 EN Amendment 256 Elżbieta Rafalska, Beata Szydło, Anna Zalewska

Motion for a resolution Annex I – Article 2 – paragraph 1 – point 2 a (new)

Motion for a resolution Amendment

(2a) ‘Rest period’ means rest period as defined in point (2) of Article 2 of Directive 2003/88/EC.

Or. pl

Amendment 257 Yana Toom

Motion for a resolution Annex I – Article 2 a (new)

Motion for a resolution Amendment

Article 2a Voluntary Character Member States shall take the necessary measures to ensure that: (a) telework is voluntary for the worker and the employer concerned; (b) the employer includes the requirement of telework in the initial job description; (c) where telework is not included as a requirement in the initial job description, the employer and the employee agree on a voluntary arrangement to telework, both parties reserving the right to refuse; (d) where the teleworking arrangement has been concluded in accordance to either paragraph (b) or (c), the employer will provide the employee with all the relevant information in accordance with Directive 91/533/EEC, including applicable collective agreements and

PE655.974v01-00 132/172 AM\1212000EN.docx EN information related to the right to disconnect; (e) the change to telework does not affect the employment status of the teleworker; (f) where the teleworking arrangement has been concluded in accordance with paragraph (c), reversibility of the arrangement should be included in either a collective or an individual agreement;

Or. en

Amendment 258 Yana Toom

Motion for a resolution Annex I – Article 2 b (new)

Motion for a resolution Amendment

Article 2b Employment Conditions Member States shall take the necessary measures to ensure that teleworking does not affect the employment conditions of the teleworkers and that they benefit from the same rights, guaranteed by applicable legislation and collective agreements, as comparable workers at the employer’s premises.

Or. en

Amendment 259 Yana Toom

Motion for a resolution Annex I – Article 2 c (new)

Motion for a resolution Amendment

Article 2c

AM\1212000EN.docx 133/172 PE655.974v01-00 EN Equipment 1. Member States shall take the necessary measures to ensure that: (a) the employer clarifies and informs the teleworker on matters related to work equipment, liability and costs prior to the commencement of telework; (b) the employer is responsible for providing, installing and maintaining the equipment necessary for telework, unless it is explicitly agreed that the teleworker uses his own equipment and the issues regarding liability for incurred costs for loss and damages are clarified and agreed upon; (c) the employer compensates or covers the costs directly caused by the telework, in particular costs relating to communications; (d) the employer has the liability, in accordance with national legislation and collective agreements, regarding the costs for loss and damage to the equipment used by the teleworker.

Or. en

Amendment 260 Yana Toom

Motion for a resolution Annex I – Article 3 – paragraph -1 (new)

Motion for a resolution Amendment

-1. Member States shall ensure that the workload and performance standards of the teleworker are equivalent to those of comparable workers at the employer’s premises.

Or. en

PE655.974v01-00 134/172 AM\1212000EN.docx EN Amendment 261 Yana Toom, Samira Rafaela

Motion for a resolution Annex I – Article 3 – paragraph 1

Motion for a resolution Amendment

1. Member States shall ensure that 1. Member States shall take the employers provide workers with the means measures necessary to ensure that to exercise their right to disconnect. employers respect the rest period of teleworkers by providing them with the means to exercise their right to disconnect

Or. en

Amendment 262 Elżbieta Rafalska, Beata Szydło, Anna Zalewska

Motion for a resolution Annex I – Article 3 – paragraph 2

Motion for a resolution Amendment

2. Member States shall ensure that deleted employers record individual working times in an objective, reliable and accessible way. Any worker shall be allowed at any time to request and obtain the record of their working times.

Or. pl

Amendment 263 Yana Toom, Samira Rafaela

Motion for a resolution Annex I – Article 3 – paragraph 2

Motion for a resolution Amendment

2. Member States shall ensure that deleted employers record individual working times in an objective, reliable and accessible way. Any worker shall be

AM\1212000EN.docx 135/172 PE655.974v01-00 EN allowed at any time to request and obtain the record of their working times.

Or. en

Amendment 264 José Gusmão, Marc Botenga

Motion for a resolution Annex I – Article 3 – paragraph 2

Motion for a resolution Amendment

2. Member States shall ensure that 2. Member States shall ensure that employers record individual working times employers record individual working times in an objective, reliable and accessible in an objective, reliable and accessible way. Any worker shall be allowed at any way. Any worker shall be allowed at any time to request and obtain the record of time to request and obtain the record of their working times. their working times. With the consent of the worker, workers' representatives shall have access to those records.

Or. en

Amendment 265 Yana Toom, Samira Rafaela

Motion for a resolution Annex I – Article 3 – paragraph 3

Motion for a resolution Amendment

3. Members States shall ensure that deleted employers implement the right to disconnect in a fair, lawful and transparent manner.

Or. en

Amendment 266 Petra De Sutter

PE655.974v01-00 136/172 AM\1212000EN.docx EN Motion for a resolution Annex I – Article 3 – paragraph 3

Motion for a resolution Amendment

3. Members States shall ensure that 3. Members States shall ensure that employers implement the right to employers implement the right to disconnect in a fair, lawful and transparent disconnect in a fair, lawful and transparent manner. manner and with respect of workers’ privacy rights and data protection rules.

Or. en

Amendment 267 Yana Toom, Samira Rafaela

Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 1 – introductory part

Motion for a resolution Amendment

1. Member States shall ensure that 1. Member States shall ensure that workers are able to exercise their right to employers take at least the following disconnect and that employers implement measures: that right. To that end, Member States shall provide for at least the following working conditions:

Or. en

Amendment 268 José Gusmão, Marc Botenga

Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 1 – introductory part

Motion for a resolution Amendment

1. Member States shall ensure that 1. Member States shall ensure that all workers are able to exercise their right to workers are able to exercise their right to disconnect and that employers implement disconnect and that employers implement that right. To that end, Member States shall that right. To that end, Member States shall provide for at least the following working provide for at least the following working conditions: conditions:

AM\1212000EN.docx 137/172 PE655.974v01-00 EN Or. en

Amendment 269 Elżbieta Rafalska, Beata Szydło, Anna Zalewska

Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 1 – introductory part

Motion for a resolution Amendment

1. Member States shall ensure that 1. Member States shall ensure that workers are able to exercise their right to workers are able to exercise their right to disconnect and that employers implement disconnect during rest periods. To that that right. To that end, Member States end, Member States shall provide for at shall provide for at least the following least the following working conditions: working conditions:

Or. pl

Amendment 270 José Gusmão, Marc Botenga

Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 1 – point a

Motion for a resolution Amendment

(a) the practical arrangements for (a) the practical arrangements for switching off digital tools for work switching off digital tools and other purposes, including any work-related communication devices outside the agreed monitoring or surveillance tools; working time, including any work-related monitoring or surveillance tools;

Or. en

Amendment 271 Alex Agius Saliba, Marc Angel, Agnes Jongerius, Estrella Durá Ferrandis, Brando Benifei, Lina Gálvez Muñoz, Pierfrancesco Majorino, Klára Dobrev, Gabriele Bischoff, Elisabetta Gualmini, Alicia Homs Ginel, Milan Brglez, Evelyn Regner, Manuel Pizarro, Vilija Blinkevičiūtė

Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 1 – point a

PE655.974v01-00 138/172 AM\1212000EN.docx EN Motion for a resolution Amendment

(a) the practical arrangements for (a) the practical arrangements for switching off digital tools for work switching off digital tools for work purposes, including any work-related purposes outside the agreed working monitoring or surveillance tools; hours, including any work-related monitoring or surveillance tools;

Or. en

Amendment 272 Yana Toom

Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 1 – point a

Motion for a resolution Amendment

(a) the practical arrangements for (a) established procedures for switching off digital tools for work switching off digital tools for work purposes, including any work-related purposes; monitoring or surveillance tools;

Or. en

Amendment 273 Tomáš Zdechovský

Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 1 – point a

Motion for a resolution Amendment

(a) the practical arrangements for (a) the practical arrangements for switching off digital tools for work switching off digital tools for work purposes, including any work-related purposes, including any work-related monitoring or surveillance tools; monitoring

Or. en

Amendment 274 Elżbieta Rafalska, Beata Szydło, Anna Zalewska

AM\1212000EN.docx 139/172 PE655.974v01-00 EN Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 1 – point b

Motion for a resolution Amendment

(b) the manner in which employers deleted record working time;

Or. pl

Amendment 275 Petra De Sutter

Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 1 – point b

Motion for a resolution Amendment

(b) the manner in which employers (b) the system for recording working record working time; time;

Or. en

Amendment 276 Elżbieta Rafalska, Beata Szydło, Anna Zalewska

Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 1 – point c

Motion for a resolution Amendment

(c) the content and frequency of deleted employers’ health and safety assessments, including psychosocial risk assessments, with regard to the right to disconnect;

Or. pl

Amendment 277 Tomáš Zdechovský

PE655.974v01-00 140/172 AM\1212000EN.docx EN Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 1 – point c

Motion for a resolution Amendment

(c) the content and frequency of deleted employers’ health and safety assessments, including psychosocial risk assessments, with regard to the right to disconnect;

Or. en

Amendment 278 Sylvie Brunet, Véronique Trillet-Lenoir, Marie-Pierre Vedrenne, Ilana Cicurel

Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 1 – point c

Motion for a resolution Amendment

(c) the content and frequency of (c) the content and frequency of employers’ health and safety assessments, employers’ health and safety assessments, including psychosocial risk assessments, including psychosocial risk assessments, with regard to the right to disconnect; with regard to the right to disconnect and the alert procedures if there is a deterioration in workers’ physical and mental health;

Or. fr

Amendment 279 Petra De Sutter

Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 1 – point d

Motion for a resolution Amendment

(d) the criteria for any derogation by deleted employers from their requirement to implement a worker’s right to disconnect;

Or. en

AM\1212000EN.docx 141/172 PE655.974v01-00 EN Amendment 280 Sylvie Brunet, Véronique Trillet-Lenoir, Marie-Pierre Vedrenne, Ilana Cicurel

Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 1 – point e

Motion for a resolution Amendment

(e) in the case of a derogation under deleted point (d), the criteria for determining how compensation for work performed outside working time is to be calculated;

Or. fr

Amendment 281 Petra De Sutter

Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 1 – point e

Motion for a resolution Amendment

(e) in the case of a derogation under deleted point (d), the criteria for determining how compensation for work performed outside working time is to be calculated;

Or. en

Amendment 282 Anne Sander

Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 1 – point f

Motion for a resolution Amendment

(f) the awareness-raising measures, (f) the awareness-raising measures, including in-work training, to be taken by including in-work training, to be taken by employers with regard to the working employers with regard to the working conditions referred to in this paragraph. conditions referred to in this paragraph, including the prevention of work isolation.

PE655.974v01-00 142/172 AM\1212000EN.docx EN Or. fr

Amendment 283 José Gusmão, Marc Botenga

Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 1 – point f

Motion for a resolution Amendment

(f) the awareness-raising measures, (f) the awareness-raising measures, including in-work training, to be taken by including in-work training during working employers with regard to the working time, to be taken by employers with regard conditions referred to in this paragraph. to the working conditions referred to in this paragraph.

Or. en

Amendment 284 Anne Sander

Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 1 a (new)

Motion for a resolution Amendment

Such measures shall be introduced in a way that is clear to employers and shall allow employers to be supported, if necessary, in introducing and guaranteeing the right to disconnect.

Or. fr

Amendment 285 Petra De Sutter

Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 2

Motion for a resolution Amendment

Any derogation under point (d) of the first deleted

AM\1212000EN.docx 143/172 PE655.974v01-00 EN subparagraph shall be provided for only in exceptional circumstances, such as force majeure or other emergencies, and subject to the employer providing each worker concerned with reasons in writing, substantiating the need for the derogation on every occasion on which the derogation is invoked.

Or. en

Amendment 286 Yana Toom

Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 2

Motion for a resolution Amendment

Any derogation under point (d) of the first The measures mentioned above may be subparagraph shall be provided for only adopted by means of laws, regulations or in exceptional circumstances, such as administrative provisions or by means of force majeure or other emergencies, and collective agreements. subject to the employer providing each worker concerned with reasons in writing, substantiating the need for the derogation on every occasion on which the derogation is invoked.

Or. en

Amendment 287 Miriam Lexmann

Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 2

Motion for a resolution Amendment

Any derogation under point (d) of the first Any derogation under point (d) of the first subparagraph shall be provided for only in subparagraph shall be provided for only in exceptional circumstances, such as force exceptional circumstances, such as force majeure or other emergencies, and subject majeure or other emergencies, and subject to the employer providing each worker to the employer providing each worker concerned with reasons in writing, concerned with reasons in writing,

PE655.974v01-00 144/172 AM\1212000EN.docx EN substantiating the need for the derogation substantiating the need for the derogation on every occasion on which the derogation on every occasion on which the derogation is invoked. is invoked. While considering such derogation, a special situation of single workers or workers with care responsibilities towards the children or persons with disabilities shall be taken into account.

Or. en

Amendment 288 José Gusmão, Marc Botenga

Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 2

Motion for a resolution Amendment

Any derogation under point (d) of the first Any derogation under point (d) of the first subparagraph shall be provided for only in subparagraph shall be provided for only in exceptional circumstances, such as force case of force majeure and subject to the majeure or other emergencies, and subject employer providing each worker concerned to the employer providing each worker with reasons in writing, substantiating the concerned with reasons in writing, need for the derogation on every occasion substantiating the need for the derogation on which the derogation is invoked. on every occasion on which the derogation is invoked.

Or. en

Amendment 289 Yana Toom, Samira Rafaela

Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 3

Motion for a resolution Amendment

Member States shall prohibit employers deleted from derogating from their requirement to implement the right to disconnect under point (d) of the first subparagraph other than by means of agreement between the social partners as referred to in

AM\1212000EN.docx 145/172 PE655.974v01-00 EN paragraphs 2 and 3.

Or. en

Amendment 290 Elżbieta Rafalska, Beata Szydło, Anna Zalewska

Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 3

Motion for a resolution Amendment

Or. pl

Amendment 291 Alex Agius Saliba, Manuel Pizarro, Milan Brglez, Vilija Blinkevičiūtė, Evelyn Regner, Elisabetta Gualmini, Marc Angel, Agnes Jongerius, Estrella Durá Ferrandis, Brando Benifei, Lina Gálvez Muñoz, Alicia Homs Ginel, Pierfrancesco Majorino, Klára Dobrev, Gabriele Bischoff

Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 3

Motion for a resolution Amendment

Member States shall prohibit employers Member States shall prohibit employers from derogating from their requirement to from derogating from their requirement to implement the right to disconnect under implement the right to disconnect under point (d) of the first subparagraph other point (d) of the first subparagraph other than by means of agreement between the than by means of collective agreement social partners as referred to in paragraphs between the social partners as referred to in 2 and 3. paragraphs 2 and 3.

Or. en

PE655.974v01-00 146/172 AM\1212000EN.docx EN Amendment 292 José Gusmão, Marc Botenga

Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 3

Motion for a resolution Amendment

Or. en

Amendment 293 Elżbieta Rafalska, Beata Szydło, Anna Zalewska

Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 3 a (new)

Motion for a resolution Amendment

Member States shall recommend to employers that any derogations from their requirement to implement the right to disconnect under point (d) of the first subparagraph should take the form of collective agreements, where possible.

Or. pl

Amendment 294 Sylvie Brunet, Véronique Trillet-Lenoir, Marie-Pierre Vedrenne, Ilana Cicurel

Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 4

Motion for a resolution Amendment

Compensation for work performed outside deleted working time as referred to in point (e) of

AM\1212000EN.docx 147/172 PE655.974v01-00 EN the first subparagraph may take the form of leave or financial compensation. In the case of financial compensation, it shall be at least equivalent to the workers’ usual remuneration.

Or. fr

Amendment 295 Yana Toom, Samira Rafaela

Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 4

Motion for a resolution Amendment

Compensation for work performed outside deleted working time as referred to in point (e) of the first subparagraph may take the form of leave or financial compensation. In the case of financial compensation, it shall be at least equivalent to the workers’ usual remuneration.

Or. en

Amendment 296 Alex Agius Saliba, Elisabetta Gualmini, Marc Angel, Agnes Jongerius, Estrella Durá Ferrandis, Brando Benifei, Lina Gálvez Muñoz, Alicia Homs Ginel, Pierfrancesco Majorino, Klára Dobrev, Gabriele Bischoff, Milan Brglez, Manuel Pizarro, Vilija Blinkevičiūtė, Evelyn Regner

Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 4

Motion for a resolution Amendment

Compensation for work performed outside Compensation for work performed outside working time as referred to in point (e) of working time as referred to in point (e) of the first subparagraph may take the form of the first subparagraph may take the form of leave or financial compensation. In the leave or financial compensation. In the case of financial compensation, it shall be case of financial compensation, it shall be at least equivalent to the workers’ usual at least equivalent to the workers’ usual remuneration. remuneration. Where overtime remuneration is agreed, such provisions

PE655.974v01-00 148/172 AM\1212000EN.docx EN must ensure that working time legislation is respected.

Or. en

Amendment 297 José Gusmão, Marc Botenga

Motion for a resolution Annex I – Article 4 – paragraph 1 – subparagraph 4

Motion for a resolution Amendment

Compensation for work performed outside Compensation for work performed outside working time as referred to in point (e) of working time as referred to in point (e) of the first subparagraph may take the form of the first subparagraph may take the form of leave or financial compensation. In the leave or financial compensation in case of financial compensation, it shall be accordance with national law and at least equivalent to the workers’ usual practice. In the case of financial remuneration. compensation, it shall be at least equivalent to the workers’ usual remuneration.

Or. en

Amendment 298 Yana Toom, Samira Rafaela

Motion for a resolution Annex I – Article 4 – paragraph 2

Motion for a resolution Amendment

2. Member States may entrust the deleted social partners to conclude collective agreements providing for the working conditions referred to in paragraph 1.

Or. en

Amendment 299 Petra De Sutter

AM\1212000EN.docx 149/172 PE655.974v01-00 EN Motion for a resolution Annex I – Article 4 – paragraph 2

Motion for a resolution Amendment

2. Member States may entrust the 2. Member States encourage the social partners to conclude collective social partners in accordance with agreements providing for the working national law and practice to conclude conditions referred to in paragraph 1. collective agreements at national, regional and/or sectoral level providing for the working conditions referred to in paragraph 1, and establish more committees on health and safety in order to ensure more frequent and accurate risk assessments.

Or. en

Amendment 300 José Gusmão, Marc Botenga

Motion for a resolution Annex I – Article 4 – paragraph 2

Motion for a resolution Amendment

2. Member States may entrust the 2. Member States shall encourage the social partners to conclude collective social partners to conclude collective agreements providing for the working agreements at national, regional and/or conditions referred to in paragraph 1. sectoral level providing for the working conditions referred to in paragraph 1.

Or. en

Amendment 301 Alex Agius Saliba, Brando Benifei, Lina Gálvez Muñoz, Alicia Homs Ginel, Pierfrancesco Majorino, Klára Dobrev, Gabriele Bischoff, Milan Brglez, Manuel Pizarro, Vilija Blinkevičiūtė, Evelyn Regner, Elisabetta Gualmini, Marc Angel, Agnes Jongerius, Estrella Durá Ferrandis

Motion for a resolution Annex I – Article 4 – paragraph 2

Motion for a resolution Amendment

2. Member States may entrust the 2. Member States may entrust the

PE655.974v01-00 150/172 AM\1212000EN.docx EN social partners to conclude collective social partners at national or regional agreements providing for the working level to conclude collective agreements conditions referred to in paragraph 1. providing for the working conditions referred to in paragraph 1.

Or. en

Amendment 302 José Manuel Fernandes

Motion for a resolution Annex I – Article 4 – paragraph 2

Motion for a resolution Amendment

2. Member States may entrust the 2. Member States may entrust the social partners to conclude collective social partners to conclude collective agreements providing for the working agreements providing for and conditions referred to in paragraph 1. implementing the working conditions referred to in paragraph 1.

Or. pt

Amendment 303 Yana Toom, Samira Rafaela

Motion for a resolution Annex I – Article 4 – paragraph 3

Motion for a resolution Amendment

3. Where Member States do not make deleted use of the option provided for in paragraph 2, they shall ensure that the working conditions referred to in paragraph 1 are agreed between the social partners at the level of the employer undertaking.

Or. en

Amendment 304 José Gusmão, Marc Botenga

AM\1212000EN.docx 151/172 PE655.974v01-00 EN Motion for a resolution Annex I – Article 4 – paragraph 3

Motion for a resolution Amendment

3. Where Member States do not make 3. Where it is not possible to use of the option provided for in paragraph conclude an agreement in accordance 2, they shall ensure that the working with paragraph 2, Member States shall conditions referred to in paragraph 1 are ensure that the working conditions referred agreed between the social partners at the to in paragraph 1 are concluded in an level of the employer undertaking. agreement between the social partners at the level of the employer undertaking.

Or. en

Amendment 305 Sylvie Brunet, Véronique Trillet-Lenoir, Marie-Pierre Vedrenne, Ilana Cicurel

Motion for a resolution Annex I – Article 4 – paragraph 3

Motion for a resolution Amendment

3. Where Member States do not make 3. Where Member States do not make use of the option provided for in paragraph use of the option provided for in paragraph 2, they shall ensure that the working 2, they shall ensure that the working conditions referred to in paragraph 1 are conditions referred to in paragraph 1 are agreed between the social partners at the agreed in consultation with or between the level of the employer undertaking. social partners at the level of the employer undertaking.

Or. fr

Amendment 306 Elżbieta Rafalska, Beata Szydło, Anna Zalewska

Motion for a resolution Annex I – Article 4 – paragraph 3

Motion for a resolution Amendment

3. Where Member States do not make 3. Where Member States do not make use of the option provided for in use of the option provided for in paragraph 2, they shall ensure that the paragraph 2, they shall ensure that the

PE655.974v01-00 152/172 AM\1212000EN.docx EN working conditions referred to in paragraph working conditions referred to in paragraph 1 are agreed between the social partners at 1 are agreed between the social partners at the level of the employer undertaking. the level of the employer undertaking, as far as possible.

Or. pl

Amendment 307 Alex Agius Saliba, Klára Dobrev, Gabriele Bischoff, Milan Brglez, Manuel Pizarro, Vilija Blinkevičiūtė, Evelyn Regner, Elisabetta Gualmini, Marc Angel, Agnes Jongerius, Estrella Durá Ferrandis, Brando Benifei, Lina Gálvez Muñoz, Alicia Homs Ginel, Pierfrancesco Majorino

Motion for a resolution Annex I – Article 4 – paragraph 3

Motion for a resolution Amendment

3. Where Member States do not make 3. Where Member States do not make use of the option provided for in paragraph use of the option provided for in paragraph 2, they shall ensure that the working 2, they shall ensure that the working conditions referred to in paragraph 1 are conditions referred to in paragraph 1 are agreed between the social partners at the agreed between the social partners at a level of the employer undertaking. lower level.

Or. en

Amendment 308 Alex Agius Saliba, Brando Benifei, Milan Brglez, Marc Angel, Gabriele Bischoff, Agnes Jongerius, Alicia Homs Ginel, Pierfrancesco Majorino, Elisabetta Gualmini, Estrella Durá Ferrandis

Motion for a resolution Annex I – Article 4 – paragraph 3 a (new)

Motion for a resolution Amendment

3a. After consulting the social partners at national level, Member States may establish precise arrangements on the conditions referred to in paragraph 1, to ensure an adequate level of protection in conformity with Union legislation and the enforcement of their right to disconnect for those workers not covered

AM\1212000EN.docx 153/172 PE655.974v01-00 EN by collective agreement at any level.

Or. en

Amendment 309 José Gusmão, Marc Botenga

Motion for a resolution Annex I – Article 4 – paragraph 3 a (new)

Motion for a resolution Amendment

3a. In consultation with the social partners at national level, Member States may establish precise arrangements to ensure an adequate level of protection in conformity with Union law and the enforcement of their right to disconnect for those workers not covered by collective agreement at any level.

Or. en

Amendment 310 Eugen Tomac

Motion for a resolution Annex I – Article 5 – paragraph 1

Motion for a resolution Amendment

1. Member States shall ensure that 1. Member States shall ensure that employers are prohibited from employers are prohibited from discrimination, less favourable treatment, discrimination, less favourable treatment, dismissal and other adverse measures on dismissal and other adverse measures on the ground that workers have exercised or the ground that workers have exercised or have sought to exercise their right to have sought to exercise their right to disconnect. disconnect. Employers must not be allowed to promote an ‘always on’ work culture whereby promotions and bonuses are given only to those who work without exercising their right to disconnect.

Or. ro

PE655.974v01-00 154/172 AM\1212000EN.docx EN Amendment 311 Yana Toom, Samira Rafaela

Motion for a resolution Annex I – Article 5 – paragraph 1

Motion for a resolution Amendment

1. Member States shall ensure that 1. Member States shall ensure that employers are prohibited from teleworkers are protected from discrimination, less favourable treatment, discrimination, less favourable treatment, dismissal and other adverse measures on dismissal and other adverse measures the ground that workers have exercised or taken by the employer on the ground that have sought to exercise their right to workers have exercised or have sought to disconnect. exercise their right to disconnect.

Or. en

Amendment 312 Elżbieta Rafalska, Beata Szydło, Anna Zalewska

Motion for a resolution Annex I – Article 5 – paragraph 2

Motion for a resolution Amendment

2. Member States shall ensure that deleted employers protect workers, including workers’ representatives, from any adverse treatment and from any adverse consequences resulting from a complaint lodged with the employer or resulting from any proceedings initiated with the aim of enforcing compliance with the rights provided for in this Directive.

Or. pl

Amendment 313 Yana Toom, Samira Rafaela

Motion for a resolution Annex I – Article 5 – paragraph 2

AM\1212000EN.docx 155/172 PE655.974v01-00 EN Motion for a resolution Amendment

Or. en

Amendment 314 Yana Toom, Samira Rafaela

Motion for a resolution Annex I – Article 5 – paragraph 3

Motion for a resolution Amendment

3. Member States shall ensure that deleted where workers who consider that they have been dismissed on the grounds that they exercised or sought to exercise their right to disconnect establish, before a court or other competent authority, facts capable of giving rise to a presumption that they have been dismissed on such grounds, it shall be for the employer to prove that the dismissal was based on other grounds.

Or. en

Amendment 315 José Gusmão, Marc Botenga

Motion for a resolution Annex I – Article 5 – paragraph 3

PE655.974v01-00 156/172 AM\1212000EN.docx EN Motion for a resolution Amendment

3. Member States shall ensure that 3. Member States shall ensure that where workers who consider that they have where workers who consider that they have been dismissed on the grounds that they been dismissed or witnessed adverse exercised or sought to exercise their right treatment on the grounds that they to disconnect establish, before a court or exercised or sought to exercise their right other competent authority, facts capable of to disconnect establish, before a court or giving rise to a presumption that they have other competent authority, facts capable of been dismissed on such grounds, it shall be giving rise to a presumption that they have for the employer to prove that the dismissal been dismissed or witnessed adverse was based on other grounds. treatment on such grounds, it shall be for the employer to prove that the dismissal or adverse treatment was based on other grounds.

Or. en

Amendment 316 Petra De Sutter

Motion for a resolution Annex I – Article 5 – paragraph 3

Motion for a resolution Amendment

Or. en

Amendment 317 Elżbieta Rafalska, Beata Szydło, Anna Zalewska

AM\1212000EN.docx 157/172 PE655.974v01-00 EN Motion for a resolution Annex I – Article 5 – paragraph 4

Motion for a resolution Amendment

4. Paragraph 3 shall not prevent deleted Member States from introducing rules of evidence which are more favourable to workers.

Or. pl

Amendment 318 Yana Toom

Motion for a resolution Annex I – Article 5 – paragraph 4

Motion for a resolution Amendment

4. Paragraph 3 shall not prevent deleted Member States from introducing rules of evidence which are more favourable to workers.

Or. en

Amendment 319 Yana Toom

Motion for a resolution Annex I – Article 5 – paragraph 5

Motion for a resolution Amendment

5. Member States shall not be deleted required to apply paragraph 3 to proceedings in which it is for the court or competent body to investigate the facts of the case.

Or. en

PE655.974v01-00 158/172 AM\1212000EN.docx EN Amendment 320 Yana Toom

Motion for a resolution Annex I – Article 5 – paragraph 6

Motion for a resolution Amendment

6. Paragraph 3 shall not apply to deleted criminal proceedings, unless otherwise provided by Member States.

Or. en

Amendment 321 Yana Toom

Motion for a resolution Annex I – Article 6

Motion for a resolution Amendment

Article 6 deleted Right of redress 1. Member States shall ensure that workers whose right to disconnect is violated have access to effective and impartial dispute resolution and a right of redress in the case of infringements of their rights arising from this Directive. 2. Member States shall ensure that trade union organisations or other worker representatives have the power, on behalf or in support of the workers and with their approval, to engage in any administrative or judicial proceedings with the objective of ensuring compliance with or enforcement of this Directive.

Or. en

Amendment 322 José Gusmão, Marc Botenga

AM\1212000EN.docx 159/172 PE655.974v01-00 EN Motion for a resolution Annex I – Article 6 – paragraph 1

Motion for a resolution Amendment

1. Member States shall ensure that 1. Member States shall ensure that workers whose right to disconnect is workers whose right to disconnect is violated have access to effective and violated have access to effective, external impartial dispute resolution and a right of and impartial dispute resolution and a right redress in the case of infringements of their of redress in the case of infringements of rights arising from this Directive. their rights arising from this Directive.

Or. en

Amendment 323 Daniela Rondinelli, Chiara Gemma

Motion for a resolution Annex I – Article 6 – paragraph 1

Motion for a resolution Amendment

1. Member States shall ensure that 1. Member States shall ensure that workers whose right to disconnect is workers whose right to disconnect is violated have access to effective and violated have access to swift, effective and impartial dispute resolution and a right of impartial dispute resolution and a right of redress in the case of infringements of their redress in the case of infringements of their rights arising from this Directive. rights arising from this Directive.

Or. it

Amendment 324 Eugen Tomac

Motion for a resolution Annex I – Article 6 – paragraph 1

Motion for a resolution Amendment

1. Member States shall ensure that 1. Member States shall ensure that workers whose right to disconnect is workers whose right to disconnect is violated have access to effective and violated have access to effective, fast and impartial dispute resolution and a right of impartial dispute resolution and a right of redress in the case of infringements of their redress in the case of infringements of their rights arising from this Directive. rights arising from this Directive.

PE655.974v01-00 160/172 AM\1212000EN.docx EN Or. ro

Amendment 325 Yana Toom

Motion for a resolution Annex I – Article 7

Motion for a resolution Amendment

Article 7 deleted Obligation to provide information Member States shall ensure that employers provide each worker with sufficient information on their right to disconnect, including a written statement setting out the terms of any applicable collective or other agreements. Such information shall include at least the following: (a) the practical arrangements for switching off digital tools for work purposes, including any work-related monitoring or surveillance tools, as referred to in point (a) of Article 4(1); (b) the manner in which working time is recorded, as referred to in point (b) of Article 4(1); (c) the employer’s health and safety assessment of the right to disconnect, including psychosocial risk assessments, as referred to in point (c) of Article 4(1); (d) the criteria for any derogation by employers from their requirement to implement the right to disconnect, as referred to in point (d) of Article 4(1); (e) in the case of a derogation under point (d) of this Article, the criteria for determining how compensation for work performed outside working time is to be calculated, as referred to in point (e) of Article 4(1); (f) the employer’s awareness-raising measures, including in-work training, as

AM\1212000EN.docx 161/172 PE655.974v01-00 EN referred to in point (f) of Article 4(1); (g) the measures for protecting workers against adverse treatment in accordance with Article 5; (h) the measures for implementing workers’ right of redress in accordance with Article 6.

Or. en

Amendment 326 Anne Sander

Motion for a resolution Annex I – Article 7 – paragraph 1 – introductory part

Motion for a resolution Amendment

Member States shall ensure that employers Member States shall ensure that employers provide each worker with sufficient provide each worker with sufficient information on their right to disconnect, information on their right to disconnect, including a written statement setting out without this imposing an excessive the terms of any applicable collective or administrative burden on businesses, in other agreements. Such information shall particular SMEs and very small include at least the following: enterprises, including a written statement setting out the terms of any applicable collective or other agreements. Such information shall include at least the following:

Or. fr

Amendment 327 Elżbieta Rafalska, Beata Szydło, Anna Zalewska

Motion for a resolution Annex I – Article 7 – paragraph 1 – introductory part

Motion for a resolution Amendment

PE655.974v01-00 162/172 AM\1212000EN.docx EN the terms of any applicable collective or following: other agreements. Such information shall include at least the following:

Or. pl

Amendment 328 Daniela Rondinelli, Chiara Gemma

Motion for a resolution Annex I – Article 7 – paragraph 1 – introductory part

Motion for a resolution Amendment

Member States shall ensure that employers Member States shall ensure that employers provide each worker with sufficient provide each worker in writing with clear, information on their right to disconnect, sufficient and adequate information on including a written statement setting out their right to disconnect, including a the terms of any applicable collective or written statement setting out the terms of other agreements. Such information shall any applicable collective or other include at least the following: agreements. Such information shall include at least the following:

Or. it

Amendment 329 Daniela Rondinelli, Chiara Gemma

Motion for a resolution Annex I – Article 7 – paragraph 1 – point a

Motion for a resolution Amendment a) the practical arrangements for a) the practical arrangements of a switching off digital tools for work technical and organisational nature purposes, including any work-related needed for switching off digital tools for monitoring or surveillance tools, as work purposes, including any work-related referred to in point (a) of Article 4(1); monitoring or surveillance tools, as referred to in point (a) of Article 4(1), and the designation of rest times to ensure that workers actually benefit from them, can lead their personal lives, and are free to nurture their emotional and social relationships;

AM\1212000EN.docx 163/172 PE655.974v01-00 EN Or. it

Amendment 330 José Gusmão, Marc Botenga

Motion for a resolution Annex I – Article 7 – paragraph 1 – point a

Motion for a resolution Amendment

(a) the practical arrangements for (a) the practical arrangements for switching off digital tools for work switching off outside agreed working purposes, including any work-related hours digital tools for work purposes, monitoring or surveillance tools, as including any work-related monitoring or referred to in point (a) of Article 4(1); surveillance tools, as referred to in point (a) of Article 4(1);

Or. en

Amendment 331 Tomáš Zdechovský

Motion for a resolution Annex I – Article 7 – paragraph 1 – point a

Motion for a resolution Amendment

(a) the practical arrangements for (a) the practical arrangements for switching off digital tools for work switching off digital tools for work purposes, including any work-related purposes, including any work-related monitoring or surveillance tools, as monitoring, as referred to in point (a) of referred to in point (a) of Article 4(1); Article 4(1);

Or. en

Amendment 332 Elżbieta Rafalska, Beata Szydło, Anna Zalewska

Motion for a resolution Annex I – Article 7 – paragraph 1 – point b

PE655.974v01-00 164/172 AM\1212000EN.docx EN Motion for a resolution Amendment

(b) the manner in which working time deleted is recorded, as referred to in point (b) of Article 4(1);

Or. pl

Amendment 333 Petra De Sutter

Motion for a resolution Annex I – Article 7 – paragraph 1 – point b

Motion for a resolution Amendment

(b) the manner in which working time (b) the system of recording working is recorded, as referred to in point (b) of time, as referred to in point (b) of Article Article 4(1); 4(1);

Or. en

Amendment 334 Elżbieta Rafalska, Beata Szydło, Anna Zalewska

Motion for a resolution Annex I – Article 7 – paragraph 1 – point c

Motion for a resolution Amendment

(c) the employer’s health and safety deleted assessment of the right to disconnect, including psychosocial risk assessments, as referred to in point (c) of Article 4(1);

Or. pl

Amendment 335 Tomáš Zdechovský

Motion for a resolution Annex I – Article 7 – paragraph 1 – point c

AM\1212000EN.docx 165/172 PE655.974v01-00 EN Motion for a resolution Amendment

(c) the employer’s health and safety deleted assessment of the right to disconnect, including psychosocial risk assessments, as referred to in point (c) of Article 4(1);

Or. en

Amendment 336 Petra De Sutter

Motion for a resolution Annex I – Article 7 – paragraph 1 – point d

Motion for a resolution Amendment

(d) the criteria for any derogation by deleted employers from their requirement to implement the right to disconnect, as referred to in point (d) of Article 4(1);

Or. en

Amendment 337 Petra De Sutter

Motion for a resolution Annex I – Article 7 – paragraph 1 – point e

Motion for a resolution Amendment

(e) in the case of a derogation under deleted point (d) of this Article, the criteria for determining how compensation for work performed outside working time is to be calculated, as referred to in point (e) of Article 4(1);

Or. en

PE655.974v01-00 166/172 AM\1212000EN.docx EN Amendment 338 Elżbieta Rafalska, Beata Szydło, Anna Zalewska

Motion for a resolution Annex I – Article 7 – paragraph 1 – point f

Motion for a resolution Amendment

(f) the employer’s awareness-raising deleted measures, including in-work training, as referred to in point (f) of Article 4(1);

Or. pl

Amendment 339 Elżbieta Rafalska, Beata Szydło, Anna Zalewska

Motion for a resolution Annex I – Article 7 – paragraph 1 – point g

Motion for a resolution Amendment

(g) the measures for protecting deleted workers against adverse treatment in accordance with Article 5;

Or. pl

Amendment 340 Elżbieta Rafalska, Beata Szydło, Anna Zalewska

Motion for a resolution Annex I – Article 7 – paragraph 1 – point h

Motion for a resolution Amendment

(h) the measures for implementing deleted workers’ right of redress in accordance with Article 6.

Or. pl

AM\1212000EN.docx 167/172 PE655.974v01-00 EN Amendment 341 Yana Toom

Motion for a resolution Annex I – Article 8

Motion for a resolution Amendment

Article 8 deleted Penalties Member States shall lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive, or the relevant provisions already in force concerning the rights which are within the scope of this Directive, and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall, by ... [two years after the date of entry into force of this Directive], notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.

Or. en

Amendment 342 Sylvie Brunet, Véronique Trillet-Lenoir, Marie-Pierre Vedrenne, Ilana Cicurel

Motion for a resolution Annex I – Article 8 – paragraph 1

Motion for a resolution Amendment

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

PE655.974v01-00 168/172 AM\1212000EN.docx EN implemented. The penalties provided for implemented, particularly if workers’ must be effective, proportionate and physical and mental health is affected. dissuasive. Member States shall, by ... [two The penalties provided for must be years after the date of entry into force of effective, proportionate and dissuasive. this Directive], notify the Commission of Member States shall, by ... [two years after those rules and of those measures and shall the date of entry into force of this notify it, without delay, of any subsequent Directive], notify the Commission of those amendment affecting them. rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.

Or. fr

Amendment 343 Daniela Rondinelli, Chiara Gemma

Motion for a resolution Annex I – Article 8 – paragraph 1

Motion for a resolution Amendment

Member States shall lay down the rules on (Does not affect English version) penalties applicable to infringements of national provisions adopted pursuant to this Directive, or the relevant provisions already in force concerning the rights which are within the scope of this Directive, and shall take all measures necessary to ensure that they are implemented. The penalties shall be effective, proportionate and dissuasive. Member States shall, by … [2 years after the date of entry into force of this Directive], notify the Commission of those rules and those measures and shall notify it of any subsequent amendment affecting them.

Or. it

Amendment 344 José Gusmão, Marc Botenga

Motion for a resolution Annex I – Article 8 – paragraph 1

AM\1212000EN.docx 169/172 PE655.974v01-00 EN Motion for a resolution Amendment

Member States shall lay down the rules on Member States shall lay down the rules on penalties applicable to infringements of penalties applicable to infringements of national provisions adopted pursuant to this national provisions adopted pursuant to this Directive, or the relevant provisions Directive, or the relevant provisions already in force concerning the rights already in force concerning the rights which are within the scope of this which are within the scope of this Directive, and shall take all measures Directive, and shall take all measures necessary to ensure that they are necessary to ensure that they are implemented. The penalties provided for implemented. The penalties provided for shall be effective, proportionate and shall be effective, proportionate and dissuasive. Member States shall, by ... [two dissuasive. Member States shall, by ... [two years after the date of entry into force of years after the date of entry into force of this Directive], notify the Commission of this Directive], notify the Commission of those rules and of those measures and shall those rules and measures and shall notify notify it, without delay, of any subsequent it, without delay, of any subsequent amendment affecting them. amendment affecting them.

Or. en

Amendment 345 Elżbieta Rafalska, Beata Szydło, Anna Zalewska

Motion for a resolution Annex I – Article 8 – paragraph 1

Motion for a resolution Amendment

Member States shall lay down the rules on Member States shall lay down the rules on penalties applicable to infringements of penalties applicable to infringements of national provisions adopted pursuant to this national provisions adopted pursuant to this Directive, or the relevant provisions Directive, or the relevant provisions already in force concerning the rights already in force concerning the rights which are within the scope of this which are within the scope of this Directive, and shall take all measures Directive, and shall take all measures necessary to ensure that they are necessary to ensure that they are implemented. The penalties provided for implemented. The penalties provided for shall be effective, proportionate and shall be effective and proportionate. dissuasive. Member States shall, by ... [two Member States shall, by ... [two years after years after the date of entry into force of the date of entry into force of this this Directive], notify the Commission of Directive], notify the Commission of those those rules and of those measures and shall rules and of those measures and shall notify it, without delay, of any subsequent notify it, without delay, of any subsequent amendment affecting them. amendment affecting them.

PE655.974v01-00 170/172 AM\1212000EN.docx EN Or. pl

Amendment 346 José Gusmão, Marc Botenga

Motion for a resolution Annex I – Article 10 – paragraph 1

Motion for a resolution Amendment

1. By ... [five years after the entry into 1. By ... [three years after the entry force of this Directive] and every two years into force of this Directive] and every two thereafter, Member States shall submit to years thereafter, Member States shall the Commission a report on all relevant submit to the Commission a report on all information regarding the practical relevant information regarding the practical implementation and application of this implementation and application of this Directive, as well as evaluation indicators Directive, as well as evaluation indicators on the implementation practices of the on the implementation practices of the right to disconnect, indicating the right to disconnect, indicating the respective viewpoints of national social respective viewpoints of national social partners. partners.

Or. en

Amendment 347 José Gusmão, Marc Botenga

Motion for a resolution Annex I – Article 10 – paragraph 2

Motion for a resolution Amendment

2. On the basis of the information 2. On the basis of the information provided by the Member States pursuant to provided by the Member States pursuant to paragraph 1, the Commission shall, by ... paragraph 1, the Commission shall, by ... [six years after entry into force of this [four years after entry into force of this Directive] and every two years thereafter, Directive] and every two years thereafter, submit a report to the European Parliament submit a report to the European Parliament and to the Council on the implementation and to the Council on the implementation and application of this Directive and and application of this Directive and consider the need for additional measures, consider the need for additional measures, including, where appropriate, amendments including, where appropriate, amendments to this Directive. to this Directive.

Or. en

AM\1212000EN.docx 171/172 PE655.974v01-00 EN PE655.974v01-00 172/172 AM\1212000EN.docx EN