amendment list, 27 March 2025
On the proposal for a directive of the European Parliament and of the Council improving and enforcing working conditions of trainees and combating regular employment relationships disguised as traineeships (‘Traineeships Directive’)
Document EMPL-AM-771927 · (COM(2024)0132 – C100004/2024 – 2024/0068(COD))
Committee on Employment and Social Affairs
Full text
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Text 2,060 paragraphs
Amendment 335
Isabelle Le Callennec
Proposal for a directive
Article 1 – title
| Text proposed by the Commission | Amendment |
|---|---|
| Subject matter | Subject matter and scope |
Or. fr
Amendment 336
Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg
Proposal for a directive
Article 1 – title
| Text proposed by the Commission | Amendment |
|---|---|
| Subject matter | Purpose and subject matter |
Or. en
Read the rest (2,048 paragraphs)
Amendment 337
Isabelle Le Callennec
Proposal for a directive
Article 1 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| This Directive lays down a common framework of principles and measures to improve and enforce the working conditions of trainees and to combat regular employment relationships disguised as traineeships | This Directive lays down a common framework of principles and measures to improve and enforce the working conditions of open labour market trainees. It excludes from its scope initial vocational training relationships and apprenticeship schemes, traineeships that are part of a formal education and training programme and those that are mandatory to access a specific profession, employment contracts and relationships that have been concluded under a specific public or publicly supported training, integration or vocational retraining programme, and traineeships carried out in the context of regulated professions. |
Or. fr
Amendment 338
Arba Kokalari
Proposal for a directive
Article 1 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| This Directive lays down a common framework of principles and measures to improve and enforce the working conditions of trainees and to combat regular employment relationships disguised as traineeships | This Directive applies to trainees in open market traineeships, who have an employment contract or who are in an employment relationship as defined by the law, collective agreements or practice in force in the Member State, with consideration to the case law of Court of Justice. |
Or. en
Amendment 339
Henrik Dahl
Proposal for a directive
Article 1 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| This Directive lays down a common framework of principles and measures to improve and enforce the working conditions of trainees and to combat regular employment relationships disguised as traineeships | This Directive lays down a common framework of principles and measures to improve and enforce the working conditions of open market trainees in an employment relationship and to prevent abusive practices arising from the use of traineeships. |
Or. en
Justification
The article should highlight that the scope of the directive is on open-market traineeships that are in an employment relationship. A common definition of traineeships and a wider definition of trainees outside employment relationships are outside the Unions competence as set out in TFEU articles 165 and 166.In order to be within the scope of the directive, the trainee need to be in an employment relationship as defined by the law, collective agreements or practice in force in the Member State, with consideration to the case law of Court of Justice, cf. recital 16. .
Amendment 340
Andrea Wechsler
Proposal for a directive
Article 1 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| This Directive lays down a common framework of principles and measures to improve and enforce the working conditions of trainees and to combat regular employment relationships disguised as traineeships | This Directive lays down a common framework of principles and measures to combat regular employment relationships disguised as open-market traineeships. |
Or. en
Justification
Deletion of: “Improving and enforcing working conditions of trainees”: Existing Directives such as the Council Directive 2000/43/EC, Council Directive 2000/78/EC and Directive 2002/73/EC already cover, improve and allow for the enforcement of the working conditions of trainees and guarantee their equal treatment on accounts of racial or ethnic origin or establishing a general framework for equal treatment in employment and occupation. Focus on “open-market traineeships”: In comparison to Active Labour Market Policy (ALMP) traineeships, Education Curricula traineeships (ECT) and traineeships that are a mandatory requirement to access specific professions (MPT), open market traineeships are generally less regulated and only to varying extents across the EU.
Amendment 341
Benedetta Scuderi
on behalf of the Greens/EFA Group
Proposal for a directive
Article 1 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| This Directive lays down a common framework of principles and measures to improve and enforce the working conditions of trainees and to combat regular employment relationships disguised as traineeships | This Directive lays down a common definition of traineeships and sets out a framework of principles and measures to improve and enforce the working conditions of trainees and to combat abusive practices arising from fraudulent traineeships. |
Or. en
Amendment 342
Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg
Proposal for a directive
Article 1 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| This Directive lays down a common framework of principles and measures to improve and enforce the working conditions of trainees and to combat regular employment relationships disguised as traineeships | The purpose of this Directive is to improve the working conditions of trainees and the quality and accessibility of traineeships across the Union and to combat regular employment relationships disguised as traineeships |
Or. en
Amendment 343
Maravillas Abadía Jover, Raúl de la Hoz Quintano, Rosa Estaràs Ferragut
Proposal for a directive
Article 1 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| This Directive lays down a common framework of principles and measures to improve and enforce the working conditions of trainees and to combat regular employment relationships disguised as traineeships | This Directive establishes a common framework of principles and measures to improve and enforce working conditions for trainees, ensuring that traineeships serve as an effective pathway to stable employment or access to a profession and to combat regular employment relationships disguised as traineeships. |
Or. en
Amendment 344
Chiara Gemma, Georgiana Teodorescu, Francesco Torselli, Mariateresa Vivaldini, Elena Donazzan
Proposal for a directive
Article 1 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| This Directive lays down a common framework of principles and measures to improve and enforce the working conditions of trainees and to combat regular employment relationships disguised as traineeships | This Directive lays down a common framework of principles and measures to improve and enforce the working conditions of trainees while ensuring alignment with their educational objectives, and to combat regular employment relationships disguised as traineeships. |
Or. en
Amendment 345
Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg
Proposal for a directive
Article 1 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| This Directive lays down a common framework of minimum rights and standards which apply to all traineeships which are not part of curricula of formal education and training in order to improve their quality and accessibility and the working conditions of trainees and to combat regular employment relationships disguised as traineeships. |
Or. en
Amendment 346
Chiara Gemma, Georgiana Teodorescu, Francesco Torselli, Mariateresa Vivaldini, Elena Donazzan
Proposal for a directive
Article 1 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| This Directive applies to traineeships in the open market. | |
| This Directive shall not apply to: | |
| (a) traineeships which are carried out within the framework of formal education and vocational education and training, | |
| (b) apprenticeships, | |
| (c) traineeships in the framework of active labour market policies. |
Or. en
Justification
It is essential to clearly define the scope of the Directive, distinguishing between traineeships to which it applies and those to which it does not. This clarification would allow for a smoother implementation, ensuring the alignment of the Directive with the EU competences defined by Community law. In that regard, the provisions laid down would apply only to traineeships on the open market with the exclusion of ‘curricular’ traineeships carried out in the framework of active labour market policies and apprenticeships.
Amendment 347
Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi
Proposal for a directive
Article 1 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| This Directive lays down a common definition of traineeships and sets out a framework of principles and measures to improve and enforce the working conditions of trainees and to prevent abusive practices arising from the use of traineeships. |
Or. en
Amendment 348
Jagna Marczułajtis-Walczak
Proposal for a directive
Article 1 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| This Directive shall not apply to traineeships which are carried out within the framework of formal education and vocational education and training. |
Or. en
Amendment 349
Angelika Winzig
Proposal for a directive
Article 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Article1a | |
| Scope | |
| 1. This Directive shall apply to traineeships offered on the open labour market. | |
| 2. It shall not apply to: | |
| (a) traineeships undertaken as part of formal education or vocational education and training programmes; | |
| (b) apprenticeships; | |
| (c) traineeships implemented within the framework of active labour market policies. |
Or. en
Justification
A clear delimitation of the scope is essential to ensure legal certainty and facilitate the effective implementation of the Directive. By explicitly distinguishing between open-market traineeships and those linked to formal education, apprenticeships, or active labour market policies, the text respects the subsidiarity principle and remains fully aligned with the Union’s competences as defined in the Treaties.
Amendment 350
Mélanie Disdier, Rachel Blom, Pál Szekeres, Marie Dauchy, Séverine Werbrouck
Proposal for a directive
Article 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Article 1a | |
| Scope | |
| Without prejudice to measures applicable in national legislation, this directive shall not apply to traineeships taking place in small and medium-sized enterprises. |
Or. fr
Amendment 351
Mélanie Disdier
Proposal for a directive
Article 1 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Article 1b | |
| Scope | |
| 1. This directive shall apply to open market traineeships. | |
| 2. This directive shall not apply to traineeships carried out as part of a school or university training process, or to mandatory traineeships as part of vocational training. |
Or. fr
Justification
Since the different categories mentioned in point 2 are already regulated by specific legal regimes, the directive would risk penalising such training by adding unjustified constraints. The problem of abuse exists mainly in the context of open market traineeships, which are much less controlled. Amendment drafted following an interview with the Confederation of SMEs.
Amendment 352
Chiara Gemma, Georgiana Teodorescu, Francesco Torselli, Mariateresa Vivaldini, Elena Donazzan
Proposal for a directive
Article 2 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) ‘traineeship’ means a limited period of work practice which includes a significant learning and training component, undertaken to gain practical and professional experience with a view to improving employability and facilitating transition to a regular employment relationship or accessing a profession; | (a) 'traineeship’ means a limited period of work based learning - not integrated into a formal curricular training path - aiming to provide practical and professional skills through significant training, with a view to facilitating the transition from education to stable employment, or accessing a profession, on the basis of a written contract between the trainee and traineeship provider. |
Or. en
Justification
A clear distinction should be made between extra-curricular and curricular traineeships. The latter must remain an integral part of an educational pathway and should not be subject to mandatory remuneration. Rather, it should ensure optimal conditions for the student (who is, indeed, a student—not a worker), such as reimbursement of expenses, additional training opportunities, and overall quality learning experiences.
Amendment 353
Benedetta Scuderi
on behalf of the Greens/EFA Group
Proposal for a directive
Article 2 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) ‘traineeship’ means a limited period of work practice which includes a significant learning and training component, undertaken to gain practical and professional experience with a view to improving employability and facilitating transition to a regular employment relationship or accessing a profession; | (a) ‘traineeship’ means a limited period of entry-level work aiming to provide practical and professional skills through significant training component, undertaken to gain practical and professional experience with a view to facilitating the transition from education to stable employment, or accessing a profession, on the basis of a written contract between the trainee and the traineeship provider; |
Or. en
Amendment 354
Henrik Dahl
Proposal for a directive
Article 2 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) ‘traineeship’ means a limited period of work practice which includes a significant learning and training component, undertaken to gain practical and professional experience with a view to improving employability and facilitating transition to a regular employment relationship or accessing a profession; | (a) 'Traineeship’ means an Open-market traineeship, which is defined as non-mandatory, bilateral, and private agreements between a trainee and a traineeship provider with a limited period of work practice without formal connection to education or training, without the involvement of a third party, aiming to provide practical and professional experience with a view to improving employability and facilitating transition to a regular employment relationship and on the basis of a written employment contract between the trainee and a traineeship provider; |
Or. en
Justification
This directive applies only to Open Market Traineeships. Well-regulated schemes within education, apprenticeships or ALMPs are governed by national law, with strong involvement from social partners and institutions. These fall outside EU competence and should be addressed through national enforcement, not new regulation. The definition aligns with the 2014 Quality Framework for Traineeships and recitals 16a and 16b.
Amendment 355
Andrea Wechsler
Proposal for a directive
Article 2 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) ‘traineeship’ means a limited period of work practice which includes a significant learning and training component, undertaken to gain practical and professional experience with a view to improving employability and facilitating transition to a regular employment relationship or accessing a profession; | (a) 'traineeship’ means an open-market traineeship, which is defined as non-mandatory, bilateral, and private agreement between a trainee and a traineeship provider with a limited period of work practice without formal connection to education or training, without the involvement of a third party, aiming to provide practical and professional experience with a view to improving employability and facilitating transition to a regular employment relationship and on the basis of a written employment contract between the trainee and a traineeship provider; |
Or. en
Amendment 356
Angelika Winzig
Proposal for a directive
Article 2 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) ‘traineeship’ means a limited period of work practice which includes a significant learning and training component, undertaken to gain practical and professional experience with a view to improving employability and facilitating transition to a regular employment relationship or accessing a profession; | (a) ‘Traineeship’ means a time-limited period of work-based learning which includes a significant training and learning component, undertaken in the open labour market to gain practical experience and develop professional skills, with the objective of improving employability and facilitating the transition to regular employment or access to a profession. It is distinct from apprenticeships, formal education and vocational training programmes, and public employment schemes. |
Or. en
Justification
This definition clarifies that the Directive applies only to traineeships in the open labour market, excluding apprenticeships, formal education and public schemes. By focusing on time-limited, work-based learning with a significant training component, it reflects the core purpose of traineeships: to enhance employability and support the transition into regular employment. The wording also accommodates national differences by allowing for both contractual and non-contractual arrangements, in line with EU case law.
Amendment 357
Maravillas Abadía Jover, Raúl de la Hoz Quintano, Rosa Estaràs Ferragut
Proposal for a directive
Article 2 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) ‘traineeship’ means a limited period of work practice which includes a significant learning and training component, undertaken to gain practical and professional experience with a view to improving employability and facilitating transition to a regular employment relationship or accessing a profession; | (a) A "Traineeship" means a limited period of work-based practice that combines learning and training component, enabling young people to gain practical and professional experience. Its objective is to enhance employability, facilitate the transition to a regular employment relationship, and support access to a profession |
Or. en
Amendment 358
Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg
Proposal for a directive
Article 2 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) ‘traineeship’ means a limited period of work practice which includes a significant learning and training component, undertaken to gain practical and professional experience with a view to improving employability and facilitating transition to a regular employment relationship or accessing a profession; | (a) ‘traineeship’ means a limited period of entry-level work which includes a significant learning and training component, undertaken to gain practical and professional experience with a view to improving employability and facilitating transition from education to a regular employment relationship or accessing a profession; |
Or. en
Amendment 359
Mélanie Disdier, Rachel Blom, Pál Szekeres, Marie Dauchy, Séverine Werbrouck
Proposal for a directive
Article 2 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) ‘traineeship’ means a limited period of work practice which includes a significant learning and training component, undertaken to gain practical and professional experience with a view to improving employability and facilitating transition to a regular employment relationship or accessing a profession; | (a) ‘traineeship’ means a limited period of work-based learning and training, undertaken to gain practical and professional experience with a view to improving employability and facilitating transition to a regular employment relationship or accessing a profession; |
Or. fr
Amendment 360
David Casa
Proposal for a directive
Article 2 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) ‘traineeship’ means a limited period of work practice which includes a significant learning and training component, undertaken to gain practical and professional experience with a view to improving employability and facilitating transition to a regular employment relationship or accessing a profession; | (a) ‘traineeship’ means a limited period of work practice which includes a significant learning and training component to gain practical and professional experience with a view to improving employability and facilitating transition to a regular employment relationship or accessing a profession, and not undertaken further to the fulfilment of a formal education requirement; |
Or. en
Amendment 361
Miriam Lexmann
Proposal for a directive
Article 2 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) ‘traineeship’ means a limited period of work practice which includes a significant learning and training component, undertaken to gain practical and professional experience with a view to improving employability and facilitating transition to a regular employment relationship or accessing a profession; | (a) ‘traineeship’ means a limited period of work practice which includes a significant learning and training component other than traineeships within formal education and training in accordance with national curricula, undertaken to gain practical and professional experience with a view to improving employability and facilitating transition to a regular employment relationship or accessing a profession; |
Or. en
Amendment 362
Raúl de la Hoz Quintano, Rosa Estaràs Ferragut, Maravillas Abadía Jover
Proposal for a directive
Article 2 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) ‘traineeship’ means a limited period of work practice which includes a significant learning and training component, undertaken to gain practical and professional experience with a view to improving employability and facilitating transition to a regular employment relationship or accessing a profession; | (a) ‘traineeship’ means a limited period of work practice which, without being part of curricula or formal training, includes a significant learning and training component, undertaken to gain practical and professional experience with a view to improving employability and facilitating transition to a regular employment relationship or accessing a profession; |
Or. es
Amendment 363
Isabelle Le Callennec
Proposal for a directive
Article 2 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) ‘traineeship’ means a limited period of work practice which includes a significant learning and training component, undertaken to gain practical and professional experience with a view to improving employability and facilitating transition to a regular employment relationship or accessing a profession; | (a) ‘traineeship’ means a limited period of work practice on the open labour market which includes a significant learning and training component, undertaken to gain practical and professional experience with a view to improving employability and facilitating transition to a regular employment relationship or accessing a profession; |
Or. fr
Amendment 364
Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi
Proposal for a directive
Article 2 – paragraph 1 – point a – point i (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (i) limited period of entry-level work aiming to provide practical and professional skills through significant training, with a view to facilitating the transition from education to stable employment, or accessing a profession, on the basis of a written contract between the trainee and traineeship provider, which is paid in accordance with the Directive (EU) 2022/2041; |
Or. en
Amendment 365
Benedetta Scuderi
on behalf of the Greens/EFA Group
Proposal for a directive
Article 2 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) ‘trainee’ means any person undertaking a traineeship who has an employment contract or employment relationship as defined by the law, collective agreements or practice in force in every Member State with consideration to the case law of the Court of Justice; | (b) ‘trainee’ means any person undertaking a traineeship; |
Or. en
Amendment 366
Chiara Gemma, Georgiana Teodorescu, Francesco Torselli, Mariateresa Vivaldini, Elena Donazzan
Proposal for a directive
Article 2 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) ‘trainee’ means any person undertaking a traineeship who has an employment contract or employment relationship as defined by the law, collective agreements or practice in force in every Member State with consideration to the case law of the Court of Justice; | (b) ‘trainee’ means any person undertaking a traineeship; |
Or. en
Justification
It is important to ensure a clear definition of trainee, especially in the distinction between trainees and regular employees. Internships are not forms of employment, as they focus on the opportunity to apply theoretical knowledge in a professional context and must be treated separately from employment contracts. Having regard also to the different regulations existing between EU countries, this avoids possible uncertainties and regulatory overlaps that tend to bring traineeship periods within the scope of employment relationships
Amendment 367
Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg
Proposal for a directive
Article 2 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) ‘trainee’ means any person undertaking a traineeship who has an employment contract or employment relationship as defined by the law, collective agreements or practice in force in every Member State with consideration to the case law of the Court of Justice; | (b) ‘trainee’ means any person undertaking a traineeship which is not part of curricula of formal education and training; |
Or. en
Amendment 368
Angelika Winzig
Proposal for a directive
Article 2 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) ‘trainee’ means any person undertaking a traineeship who has an employment contract or employment relationship as defined by the law, collective agreements or practice in force in every Member State with consideration to the case law of the Court of Justice; | (b) ‘Trainee’ means any person undertaking a traineeship in the open labour market, as referred to in Article 1a (1), and who may or may not have an employment contract or employment relationship, as defined by the national law, collective agreements or established practice of the respective Member State, taking into account the case law of the Court of Justice of the European Union. This definition excludes persons undertaking apprenticeships, traineeships within formal education and vocational training systems, or traineeships based on public employment schemes, as set out in Article 1a (2). |
Or. en
Justification
The revised definition of ‘trainee’ ensures consistency with the scope of the Directive by limiting it to individuals undertaking a traineeship in the open labour market. It clarifies that a trainee may or may not have an employment relationship, thereby reflecting the diversity of national legal systems and ensuring alignment with the case law of the Court of Justice of the European Union. This approach promotes legal clarity and ensures that the Directive applies only to the intended target group.
Amendment 369
Isabelle Le Callennec
Proposal for a directive
Article 2 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) ‘trainee’ means any person undertaking a traineeship who has an employment contract or employment relationship as defined by the law, collective agreements or practice in force in every Member State with consideration to the case law of the Court of Justice; | (b) ‘trainee’ means any person undertaking an open labour market traineeship who has an employment contract or employment relationship as defined by the law, collective agreements or practice in force in every Member State; |
Or. fr
Amendment 370
Mélanie Disdier, Rachel Blom, Pál Szekeres, Marie Dauchy, Séverine Werbrouck
Proposal for a directive
Article 2 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) ‘trainee’ means any person undertaking a traineeship who has an employment contract or employment relationship as defined by the law, collective agreements or practice in force in every Member State with consideration to the case law of the Court of Justice; | (b) ‘trainee’ means any person undertaking a traineeship who has a traineeship contract and whose situation differs from a traditional employment relationship as defined by the law, collective agreements or practice in force in every Member State with consideration to the case law of the Court of Justice; |
Or. fr
Amendment 371
Arba Kokalari
Proposal for a directive
Article 2 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) ‘trainee’ means any person undertaking a traineeship who has an employment contract or employment relationship as defined by the law, collective agreements or practice in force in every Member State with consideration to the case law of the Court of Justice; | (b) ‘trainee’ means any person undertaking a traineeship who has an employment relationship as defined by the law, collective agreements or practice in force in every Member State with consideration to the case law of the Court of Justice; |
Or. en
Amendment 372
Raúl de la Hoz Quintano, Rosa Estaràs Ferragut, Maravillas Abadía Jover
Proposal for a directive
Article 2 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) ‘trainee’ means any person undertaking a traineeship who has an employment contract or employment relationship as defined by the law, collective agreements or practice in force in every Member State with consideration to the case law of the Court of Justice; | (b) ‘trainee’ means any person undertaking a traineeship who has an employment contract or employment relationship as defined by the law, collective agreements or practice in force in every Member State with consideration to the case law of the Court of Justice, under a bilateral agreement with the employer; |
Or. es
Amendment 373
Andrea Wechsler
Proposal for a directive
Article 2 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) ‘trainee’ means any person undertaking a traineeship who has an employment contract or employment relationship as defined by the law, collective agreements or practice in force in every Member State with consideration to the case law of the Court of Justice; | (b) ‘trainee’ means any person undertaking an open-market traineeship who has an employment contract or employment relationship as defined by the law, collective agreements or practice in force in every Member State with consideration to the case law of the Court of Justice; |
Or. en
Amendment 374
Arba Kokalari
Proposal for a directive
Article 2 – paragraph 1 – point b a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (ba) "open-market traineeship" means traineeship based on a non-mandatory, bilateral agreement between a trainee and a traineeship provider without the involvement of a third party. |
Or. en
Amendment 375
Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg
Proposal for a directive
Article 2 – paragraph 1 – point b a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (ba) ‘traineeship provider’ means an undertaking, public employment service or other public, private or not-for-profit entity that provides traineeships; |
Or. en
Amendment 376
Benedetta Scuderi
on behalf of the Greens/EFA Group
Proposal for a directive
Article 2 – paragraph 1 – point b a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (ba) 'traineeship provider' means an undertaking which is private, public or both and which provides traineeships; |
Or. en
Amendment 377
Jagna Marczułajtis-Walczak
Proposal for a directive
Article 2 – paragraph 1 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) ‘regular employment relationship’ means any employment relationship that is not a traineeship; | deleted |
Or. en
Amendment 378
Benedetta Scuderi
on behalf of the Greens/EFA Group
Proposal for a directive
Article 2 – paragraph 1 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) ‘regular employment relationship’ means any employment relationship that is not a traineeship; | deleted |
Or. en
Amendment 379
Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg
Proposal for a directive
Article 2 – paragraph 1 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) ‘regular employment relationship’ means any employment relationship that is not a traineeship; | (c) ‘regular employment relationship’ means any other employment relationship that is not a traineeship; |
Or. en
Amendment 380
Benedetta Scuderi
on behalf of the Greens/EFA Group
Proposal for a directive
Article 2 – paragraph 1 – point d
| Text proposed by the Commission | Amendment |
|---|---|
| (d) ‘regular employee’ means any person in a regular employment relationship. | deleted |
Or. en
Amendment 381
Jagna Marczułajtis-Walczak
Proposal for a directive
Article 2 – paragraph 1 – point d
| Text proposed by the Commission | Amendment |
|---|---|
| (d) ‘regular employee’ means any person in a regular employment relationship. | deleted |
Or. en
Amendment 382
Andrea Wechsler
Proposal for a directive
Chapter II
| Text proposed by the Commission | Amendment |
|---|---|
| II Equal treatment | deleted |
| 3 Principle of non-discrimination | |
| Member States shall ensure that, in respect of working conditions including pay, trainees are not treated in a less favourable manner than comparable regular employees in the same establishment, unless different treatment is justified on objective grounds, such as different tasks, lower responsibilities, work intensity or the weight of the learning and training component. | |
| Where there is no comparable regular employee in the same establishment, the comparison shall be made by reference to the applicable collective agreement, or where there is no applicable collective agreement, in accordance with national law or practice. |
Or. en
Amendment 383
Mélanie Disdier, Rachel Blom, Pál Szekeres, Marie Dauchy, Séverine Werbrouck
Proposal for a directive
Article 3
| Text proposed by the Commission | Amendment |
|---|---|
| Article 3 | deleted |
| Principle of non-discrimination | |
| Member States shall ensure that, in respect of working conditions including pay, trainees are not treated in a less favourable manner than comparable regular employees in the same establishment, unless different treatment is justified on objective grounds, such as different tasks, lower responsibilities, work intensity or the weight of the learning and training component. | |
| Where there is no comparable regular employee in the same establishment, the comparison shall be made by reference to the applicable collective agreement, or where there is no applicable collective agreement, in accordance with national law or practice. |
Or. fr
Justification
As trainees are in a different situation from a traditional worker, establishing a principle of non-discrimination between the two is inconsistent. This also amounts to establishing legislation on the status of trainees, which is contrary to Article 165(4) TFEU and Article 4(1) TEU.
Amendment 384
Andrea Wechsler
Proposal for a directive
Article 3
| Text proposed by the Commission | Amendment |
|---|---|
| Article 3 | deleted |
| Principle of non-discrimination | |
| Member States shall ensure that, in respect of working conditions including pay, trainees are not treated in a less favourable manner than comparable regular employees in the same establishment, unless different treatment is justified on objective grounds, such as different tasks, lower responsibilities, work intensity or the weight of the learning and training component. | |
| Where there is no comparable regular employee in the same establishment, the comparison shall be made by reference to the applicable collective agreement, or where there is no applicable collective agreement, in accordance with national law or practice. |
Or. en
Justification
The principle of non-discrimination need not be introduced as new legal concept as trainees enjoy the full rights of employees as soon as they fall under the definition of regular employment relationships. It is therefore redundant.
Amendment 385
Benedetta Scuderi
on behalf of the Greens/EFA Group
Proposal for a directive
Article 3 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that, in respect of working conditions including pay, trainees are not treated in a less favourable manner than comparable regular employees in the same establishment, unless different treatment is justified on objective grounds, such as different tasks, lower responsibilities, work intensity or the weight of the learning and training component. | Member States shall ensure that, in respect of working conditions including pay, trainees are not treated in a less favourable manner than other employees in the same establishment; |
Or. en
Amendment 386
Angelika Winzig
Proposal for a directive
Article 3 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that, in respect of working conditions including pay, trainees are not treated in a less favourable manner than comparable regular employees in the same establishment, unless different treatment is justified on objective grounds, such as different tasks, lower responsibilities, work intensity or the weight of the learning and training component. | Member States shall ensure that, with regard to traineeship conditions, including compensation, trainees are not treated less favourably than comparable regular employees in the same establishment, unless such difference is objectively justified, for example by different tasks, lower responsibilities, level of experience, work intensity, or the training component. |
Or. en
Justification
The revised wording better reflects the specific nature of traineeships by referring to "traineeship conditions" and "compensation" rather than standard employment terms. Adding "level of experience" as a justification acknowledges the transitional character of traineeships and ensures proportionality.
Amendment 387
Henrik Dahl
Proposal for a directive
Article 3 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that, in respect of working conditions including pay, trainees are not treated in a less favourable manner than comparable regular employees in the same establishment, unless different treatment is justified on objective grounds, such as different tasks, lower responsibilities, work intensity or the weight of the learning and training component. | Member States shall ensure that, in respect of working conditions including pay as laid down in law, collective agreements or practice in each Member State, trainees are not treated in a less favourable manner than comparable employees, unless different treatment is justified on objective grounds such as different tasks, lower responsibilities, work intensity or the higher weight of the learning and training component. |
Or. en
Justification
A key issue with the Directive is that it equates trainees with regular workers, despite fundamental differences. Traineeships involve significant learning, with a steep initial curve. Yet, working conditions are set for the whole period. Article 3 should reflect that differential treatment is justifiable on objective grounds. Given the nature of traineeships, broad discretion must be allowed when defining such conditions to ensure their specific character is considered.
Amendment 388
Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg
Proposal for a directive
Article 3 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that, in respect of working conditions including pay, trainees are not treated in a less favourable manner than comparable regular employees in the same establishment, unless different treatment is justified on objective grounds, such as different tasks, lower responsibilities, work intensity or the weight of the learning and training component. | Member States shall ensure that, in respect of working conditions including pay, trainees are not treated in a less favourable manner than comparable regular employees in the same establishment solely because they are undertaking a traineeship, unless different treatment is justified on objective grounds, such as different tasks, lower responsibilities, work intensity. |
Or. en
Amendment 389
Chiara Gemma, Georgiana Teodorescu, Francesco Torselli, Mariateresa Vivaldini, Elena Donazzan
Proposal for a directive
Article 3 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that, in respect of working conditions including pay, trainees are not treated in a less favourable manner than comparable regular employees in the same establishment, unless different treatment is justified on objective grounds, such as different tasks, lower responsibilities, work intensity or the weight of the learning and training component. | Member States shall ensure that, in respect of traineeship conditions including compensation, as laid down in law, collective agreements or practice in each Member State, trainees are not treated in a less favourable manner than comparable regular employees in the same establishment, unless different treatment is justified on objective grounds, such as different tasks, lower responsibilities, work intensity or educational purposes. |
Or. en
Amendment 390
David Casa
Proposal for a directive
Article 3 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that, in respect of working conditions including pay, trainees are not treated in a less favourable manner than comparable regular employees in the same establishment, unless different treatment is justified on objective grounds, such as different tasks, lower responsibilities, work intensity or the weight of the learning and training component. | Member States shall ensure that, in respect of working conditions including pay or compensation, trainees are not treated in a less favourable manner than comparable regular employees in the same establishment, unless different treatment is justified on objective grounds, such as different tasks, lower responsibilities, work intensity or the weight of the learning and training component. |
Or. en
Amendment 391
Arba Kokalari
Proposal for a directive
Article 3 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that, in respect of working conditions including pay, trainees are not treated in a less favourable manner than comparable regular employees in the same establishment, unless different treatment is justified on objective grounds, such as different tasks, lower responsibilities, work intensity or the weight of the learning and training component. | Member States shall ensure that, in respect of traineeship conditions including compensation, trainees are not treated in a less favourable manner than comparable regular employees in the same establishment, unless different treatment is justified on objective grounds, such as different tasks, lower responsibilities, work intensity or the higher weight of the learning, level of experience and training component. |
Or. en
Amendment 392
Maravillas Abadía Jover, Rosa Estaràs Ferragut
Proposal for a directive
Article 3 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that, in respect of working conditions including pay, trainees are not treated in a less favourable manner than comparable regular employees in the same establishment, unless different treatment is justified on objective grounds, such as different tasks, lower responsibilities, work intensity or the weight of the learning and training component. | Member States shall ensure that, in respect of traineeship conditions including remuneration, trainees are not treated in a less favourable manner than comparable regular employees in the same establishment, unless different treatment is justified on objective grounds, such as different tasks, lower responsibilities, work intensity or the weight of the learning , level of experience and training component. |
Or. en
Amendment 393
Branislav Ondruš
Proposal for a directive
Article 3 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that, in respect of working conditions including pay, trainees are not treated in a less favourable manner than comparable regular employees in the same establishment, unless different treatment is justified on objective grounds, such as different tasks, lower responsibilities, work intensity or the weight of the learning and training component. | Member States shall ensure that, in respect of working conditions including pay, trainees are not treated in a less favourable manner than comparable regular employees in the same establishment, unless different treatment is justified on objective grounds, such as different tasks, lower responsibilities, work intensity or the weight of the learning and training component. Where just different treatment occurs, it shall not prevent trainees from low-income backgrounds to undertake a traineeship. |
Or. en
Amendment 394
Jan-Peter Warnke, Branislav Ondruš
Proposal for a directive
Article 3 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that, in respect of working conditions including pay, trainees are not treated in a less favourable manner than comparable regular employees in the same establishment, unless different treatment is justified on objective grounds, such as different tasks, lower responsibilities, work intensity or the weight of the learning and training component. | Member States shall ensure that, in respect of working conditions including pay, trainees are not treated in a less favourable manner than comparable regular employees in the same establishment, unless different treatment is justified on objective grounds, such as different tasks, lower responsibilities, work intensity or the weight of the learning and training component, and which are laid down both in the traineeship advertisement and the traineeship working contract. |
Or. en
Amendment 395
Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi
Proposal for a directive
Article 3 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that, in respect of working conditions including pay, trainees are not treated in a less favourable manner than comparable regular employees in the same establishment, unless different treatment is justified on objective grounds, such as different tasks, lower responsibilities, work intensity or the weight of the learning and training component. | Member States shall ensure that, in respect of working conditions including pay, trainees are not treated in a less favourable manner than comparable regular employees in the same establishment, in particular as regards working hours, reception premises, materials made available and pay, unless different treatment is justified on objective grounds, such as different tasks, lower responsibilities, work intensity or the weight of the learning and training component. |
Or. en
Amendment 396
Isabelle Le Callennec
Proposal for a directive
Article 3 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that, in respect of working conditions including pay, trainees are not treated in a less favourable manner than comparable regular employees in the same establishment, unless different treatment is justified on objective grounds, such as different tasks, lower responsibilities, work intensity or the weight of the learning and training component. | Member States shall ensure that, in respect of working conditions including the allowance, open labour market trainees are not treated in a less favourable manner than comparable regular employees in the same establishment, unless different treatment is justified on objective grounds, such as different tasks, lower responsibilities, work intensity or the weight of the learning and training component. |
Or. fr
Amendment 397
Jagna Marczułajtis-Walczak
Proposal for a directive
Article 3 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Persons with disabilities should be afforded the same traineeship opportunities as anyone else. Member States should strive to remove the obstacle to participation in traineeships. Under a traineeship contract, persons with disabilities must not be penalised by loss of disability allowance or entitlement to other services. Member States should also provide financial subsidies, using state aid, to employers who take on trainees with disabilities to cover any costs linked to reasonable accommodations. |
Or. en
Amendment 398
Maravillas Abadía Jover, Raúl de la Hoz Quintano, Rosa Estaràs Ferragut
Proposal for a directive
Article 3 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall take measures to encourage remuneration for trainees, taking into account the economic viability of employers and differences in the cost of living between Member States, with fiscal and tax incentives for companies, especially SMEs and Start-ups offering quality traineeships and stable employment opportunities. |
Or. en
Amendment 399
Benedetta Scuderi
on behalf of the Greens/EFA Group
Proposal for a directive
Article 3 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Member states shall establish concrete measures to promote increased access to traineeships, particularly to people in vulnerable situations, including persons with disabilities, people living in rural, remote or outermost regions, people from disadvantaged socio-economic backgrounds, and people with lower educational attainment. |
Or. en
Amendment 400
Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi
Proposal for a directive
Article 3 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that, in respect of access to traineeships and the working conditions including pay, traineeships comply with the principle of non-discrimination, as laid down in Directives 2000/43/EC, 2000/78/EC and 2006/54/EC. |
Or. en
Amendment 401
Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi
Proposal for a directive
Article 3 – paragraph 1 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall promote increased access to traineeships for trainees from vulnerable backgrounds, including trainees with disabilities. |
Or. en
Amendment 402
Benedetta Scuderi
on behalf of the Greens/EFA Group
Proposal for a directive
Article 3 – paragraph 1 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Member states shall ensure that workplaces are adapted and accessible to trainees with disabilities. |
Or. en
Amendment 403
Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi
Proposal for a directive
Article 3 – paragraph 1 c (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Trainees with disabilities shall receive tailored support, including adaptations to physical and digital work environments to accommodate specific needs, flexible training schedules to account for healthrelated requirements, and support from trained mentors or designated disability liaison officers to ensure a successful and inclusive experience. Traineeships shall also include provisions to prevent discrimination and promote equal opportunities for advancement, focusing on career development and long-term employment opportunities. Furthermore, the programme's effectiveness in promoting inclusivity and achieving positive outcomes for trainees with disabilities shall be regularly evaluated and where needed adjusted, ensuring that all trainees are treated with dignity and respect. |
Or. en
Amendment 404
Benedetta Scuderi
on behalf of the Greens/EFA Group
Proposal for a directive
Article 3 – paragraph 1 c (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that, in respect of access to traineeships and the working conditions including pay, traineeships comply with the principle of non-discrimination, as laid down in Directives 2000/43/EC, 2000/78/EC and 2006/54/EC. |
Or. en
Amendment 405
Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi
Proposal for a directive
Article 3 – paragraph 1 d (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Members States should ensure equal access and opportunities for people in vulnerable situations, including persons living in rural regions, people from disadvantaged educational, socio-economic, released and migrant backgrounds; all traineeship programmes shall include reasonable accommodations to ensure accessibility, inclusivity, and fairness. |
Or. en
Amendment 406
Benedetta Scuderi
on behalf of the Greens/EFA Group
Proposal for a directive
Article 3 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| Where there is no comparable regular employee in the same establishment, the comparison shall be made by reference to the applicable collective agreement, or where there is no applicable collective agreement, in accordance with national law or practice. | deleted |
Or. en
Amendment 407
Jagna Marczułajtis-Walczak
Proposal for a directive
Article 3 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| Where there is no comparable regular employee in the same establishment, the comparison shall be made by reference to the applicable collective agreement, or where there is no applicable collective agreement, in accordance with national law or practice. | deleted |
Or. en
Justification
This clause may lead to excessive burdens for employers, which in turn may discourage them from hiring interns.
Amendment 408
Angelika Winzig
Proposal for a directive
Article 3 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| Where there is no comparable regular employee in the same establishment, the comparison shall be made by reference to the applicable collective agreement, or where there is no applicable collective agreement, in accordance with national law or practice. | Where no comparable regular employee exists in the same establishment, the comparison shall be made by reference to the relevant collective agreement. In the absence of an applicable collective agreement, the assessment shall be carried out in accordance with national law or established national practice. |
Or. en
Justification
This formulation recognises the key role of collective agreements in determining employment conditions, while safeguarding Member States’ autonomy in line with national labour market traditions. It ensures legal clarity and respects subsidiarity.
Amendment 409
Chiara Gemma, Georgiana Teodorescu, Francesco Torselli, Mariateresa Vivaldini, Elena Donazzan
Proposal for a directive
Article 3 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| Where there is no comparable regular employee in the same establishment, the comparison shall be made by reference to the applicable collective agreement, or where there is no applicable collective agreement, in accordance with national law or practice. | Where there is no comparable regular employee in the same establishment, the comparison shall be made by reference to the applicable collective agreement, or where there is no applicable collective agreement, in accordance with national law or practice. Member States may, upon joint agreement of the social partners, give to the social partners, at the appropriate level and subject to the conditions laid down by Member States, the option of upholding or concluding collective agreements establishing the objective grounds that are considered to justify a different treatment, in accordance with paragraph 1. |
Or. en
Justification
We want to avoid possible uncertainties and regulatory overlaps that tend to bring traineeship periods back into the labour market. It is therefore considered appropriate to avoid terminological misunderstandings, such as the reference to ‘remuneration’ typical of contractual labour relations. The social partners may also be allowed – in accordance with the procedures and practices of each Member State – to determine possible derogations from the principle of equal treatment linked to the distinct nature of traineeships from employment relationships.
Amendment 410
Arba Kokalari
Proposal for a directive
Article 3 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Member States may, if the national social partners jointly agree, give the social partners, at the appropriate level and subject to the conditions laid down by Member States, the option of upholding or concluding collective agreements which adapt, complement and/or differ from the rules included in this Directive provided that the general level of protection of workers is ensured and that the principle of non-discrimination in accordance with paragraph 1 is respected. |
Or. en
Amendment 411
Henrik Dahl
Proposal for a directive
Article 3 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Provided that an adequate level of protection is provided for trainees Member States may, on the condition that the national social partners jointly agree, give the social partners, at the appropriate level and subject to the conditions laid down by Member States, the option of upholding or concluding collective agreements which adapt, complement and/or differ from the rules included in Article 3. |
Or. en
Justification
The Directive should allow derogation from equal treatment through collective agreements. Many traineeships are based on such agreements, already ensuring quality and fair conditions. These schemes must continue, reflecting social and local contexts. Collective agreements are key to tailoring rules to specific sectors. Other directives allow social partners to define terms, including equal treatment, if protection is ensured (e.g. Directives 2008/104/EC, 2019/1152, 2003/88/EC).
Amendment 412
Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg
Proposal for a directive
Article 3 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Traineeship providers shall inform trainees about vacancies which become available in their undertaking or establishment to ensure that they have the same opportunity to secure permanent positions as other workers. Such information may be provided by way of a general announcement at a suitable place in the undertaking or establishment. |
Or. en
Amendment 413
Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi
Proposal for a directive
Article 3 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Article3a | |
| Health and Safety | |
| With regard to health and safety, Member States shall ensure that trainees enjoy guarantees and protections equal to those enjoyed by all employees and officials in the establishment. Additional safeguards, such as enhanced security training, shall also be provided owing to trainees’ lack of professional knowledge and experience. |
Or. en
Amendment 414
Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg
Proposal for a directive
Chapter II a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Chapter III | |
| Quality and accessibility |
Or. en
Amendment 415
Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg
Proposal for a directive
Chapter II b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Article 3a | |
| Quality criteria | |
| 1. In order to ensure the presence of a significant learning and training component and quality working conditions for trainees, Member States shall ensure that traineeships falling within the scope of this Directive include: |
Or. en
Amendment 416
Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg
Proposal for a directive
Chapter II c (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (a) a written traineeship agreement concluded at the beginning of the traineeship setting out at least: | |
| (i) the duration of the traineeship; | |
| (ii) the remuneration to be provided to the trainee in accordance with the law, collective agreements or practice in force in every Member State and Directive (EU) 2022/2041 of the European Parliament and of the Council; | |
| (iii) the learning and training objectives set, following joint discussion, by the trainee and traineeship provider to help the trainee gain practical and professional experience and relevant skills with a view to improving employability and facilitating transition from education to a regular employment relationship or accessing a profession; | |
| (iv) the rights and obligations of the trainee and the traineeship provider and in particular the tasks to be carried out by the trainee. Such tasks shall be established with reference to the learning and training objectives referred to in point (iii) and shall facilitate the achievement of those objectives; | |
| (v) the traineeship provider's policies on confidentiality and the ownership of intellectual property rights; | |
| (vi) the supervisor to be assigned to the trainee for the duration of the traineeship and the arrangements for regular and consistent mentorship and evaluation to be carried out by the supervisor while guiding the trainee through the assigned tasks; |
Or. en
Amendment 417
Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg
Proposal for a directive
Chapter II d (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the rights set out in Directives 2003/88/EC and (EU) 2019/1152 of the European Parliament and of the Council, as implemented by national law and practices or collective agreements; |
Or. en
Amendment 418
Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg
Proposal for a directive
Chapter II e (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (c) access to social protection by trainees in accordance with national schemes, including health insurance, unemployment benefits and pension contributions. |
Or. en
Amendment 419
Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg
Proposal for a directive
Chapter II f (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Article 3b | |
| Accessibility and inclusion |
Or. en
Amendment 420
Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg
Proposal for a directive
Chapter II g (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Member States shall take effective measures to improve the accessibility and inclusivity of traineeships, in particular for persons who are further removed from the labour market including persons with disabilities, those residing in rural, remote and outermost regions, those with a disadvantaged socio-economic and/or migrant background, those from the Roma community and those with lower levels of educational attainment. |
Or. en
Amendment 421
Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg
Proposal for a directive
Chapter II h (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 2. To that end, Member States shall ensure sufficient supports and incentives, including financial incentives, for traineeship providers particularly SMEs providing traineeships to such persons including through the use of relevant Union funds. |
Or. en
Amendment 422
Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg
Proposal for a directive
Chapter II i (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Member States shall ensure that trainees with disabilities are provided with a reasonable accommodation for the duration of a traineeship. |
Or. en
Amendment 423
Benedetta Scuderi
on behalf of the Greens/EFA Group
Proposal for a directive
Chapter III – title
| Text proposed by the Commission | Amendment |
|---|---|
| III Regular employment relationships disguised as traineeships | Measures to combat abusive practices arising from fraudulent traineeships in the labour markets |
Or. en
Amendment 424
Isabelle Le Callennec
Proposal for a directive
Article 4
| Text proposed by the Commission | Amendment |
|---|---|
| Article 4 | deleted |
| Measures to combat regular employment relationships disguised as traineeships | |
| Member States shall provide for effective controls and inspections conducted by competent authorities to detect and take enforcement measures against practices where a regular employment relationship is disguised as traineeship with the effect of granting lower levels of protection, including working conditions and pay, than the worker concerned would be entitled to under Union or national law, collective agreements or practice. |
Or. fr
Amendment 425
Benedetta Scuderi
on behalf of the Greens/EFA Group
Proposal for a directive
Article 4 – title
| Text proposed by the Commission | Amendment |
|---|---|
| Measures to combat regular employment relationships disguised as traineeships | Measures to detect the use of traineeships to replace stable employment |
Or. en
Amendment 426
Andrea Wechsler
Proposal for a directive
Article 4 – title
| Text proposed by the Commission | Amendment |
|---|---|
| Measures to combat regular employment relationships disguised as traineeships | Legal framework to combat regular employment relationships disguised as traineeships |
Or. en
Amendment 427
Chiara Gemma, Georgiana Teodorescu, Francesco Torselli, Mariateresa Vivaldini, Elena Donazzan
Proposal for a directive
Article 4 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall provide for effective controls and inspections conducted by competent authorities to detect and take enforcement measures against practices where a regular employment relationship is disguised as traineeship with the effect of granting lower levels of protection, including working conditions and pay, than the worker concerned would be entitled to under Union or national law, collective agreements or practice. | deleted |
Or. en
Justification
Given the current legislation at both European and national level, this article is superfluous. Labour inspectorates at national level already carry out such inspections. The national level is best placed to address this problem, if supported by evidence and in cooperation with national social partners and stakeholders.
Amendment 428
Andrea Wechsler
Proposal for a directive
Article 4 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall provide for effective controls and inspections conducted by competent authorities to detect and take enforcement measures against practices where a regular employment relationship is disguised as traineeship with the effect of granting lower levels of protection, including working conditions and pay, than the worker concerned would be entitled to under Union or national law, collective agreements or practice. | Member States shall provide for an effective legal framework to address the disguise of open-market traineeships as regular employment relationship. |
Or. en
Amendment 429
Angelika Winzig
Proposal for a directive
Article 4 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall provide for effective controls and inspections conducted by competent authorities to detect and take enforcement measures against practices where a regular employment relationship is disguised as traineeship with the effect of granting lower levels of protection, including working conditions and pay, than the worker concerned would be entitled to under Union or national law, collective agreements or practice. | Member States shall take appropriate measures, in accordance with their national systems, to ensure effective monitoring and enforcement by competent authorities with a view to identifying and addressing situations where a traineeship is used to circumvent the rights and protections associated with a regular employment relationship under Union or national law, collective agreements, or established practice. |
Or. en
Justification
This wording respects Member States’ autonomy in organising their labour inspection systems, while ensuring that misuse of traineeships is effectively addressed. It balances the need for enforcement with the principle of subsidiarity.
Amendment 430
Arba Kokalari
Proposal for a directive
Article 4 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall provide for effective controls and inspections conducted by competent authorities to detect and take enforcement measures against practices where a regular employment relationship is disguised as traineeship with the effect of granting lower levels of protection, including working conditions and pay, than the worker concerned would be entitled to under Union or national law, collective agreements or practice. | Member States shall provide for effective measures in accordance with national law or practice, including, where appropriate, controls and inspections conducted by the competents authorities to combat e,plyment relationships that is disguised as traineeship with the effect of gratning lower levels of protection, including working conditions and pay, than the worker concerned would be entitled to under union or national law, collective agreements or practice. |
Or. en
Amendment 431
Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi
Proposal for a directive
Article 4 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall provide for effective controls and inspections conducted by competent authorities to detect and take enforcement measures against practices where a regular employment relationship is disguised as traineeship with the effect of granting lower levels of protection, including working conditions and pay, than the worker concerned would be entitled to under Union or national law, collective agreements or practice. | All traineeships shall be governed by written employment contracts with a clearly defined duration, which must be registered with the relevant national authorities in accordance with national practices and relevant European legislation. This should ensure transparency, adequate control, and protection of the trainees' rights and data. Member States shall provide for effective controls and inspections conducted by competent authorities to detect and take enforcement measures against practices where a regular employment relationship is disguised as traineeship with the effect of granting lower levels of protection, including working conditions and pay, than the worker concerned would be entitled to under Union or national law, collective agreements or practice. |
Or. en
Amendment 432
Benedetta Scuderi
on behalf of the Greens/EFA Group
Proposal for a directive
Article 4 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall provide for effective controls and inspections conducted by competent authorities to detect and take enforcement measures against practices where a regular employment relationship is disguised as traineeship with the effect of granting lower levels of protection, including working conditions and pay, than the worker concerned would be entitled to under Union or national law, collective agreements or practice. | Member States shall provide for effective controls and inspections conducted by competent authorities to detect and take enforcement measures against abusive practices arising from the use of traineeships with the effect of granting lower levels of protection, including working conditions and pay, than the trainee concerned would be entitled to under Union or national law, collective agreemens or practice; |
Or. en
Amendment 433
Henrik Dahl
Proposal for a directive
Article 4 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall provide for effective controls and inspections conducted by competent authorities to detect and take enforcement measures against practices where a regular employment relationship is disguised as traineeship with the effect of granting lower levels of protection, including working conditions and pay, than the worker concerned would be entitled to under Union or national law, collective agreements or practice. | Member States shall provide for effective controls and inspections conducted by competent authorities to detect and take enforcement measures against abusive practices with the effect of granting lower levels of protection, including working conditions and pay, than the trainee concerned would be entitled to under Union or national law, collective agreements or practice. |
Or. en
Justification
Contrary to the Draft Report, these amendments takes in to account, that traineeships can be used for purposes other than facilitating transition between education and stable employment and that are not abusive. Many traineeships within the active labour market policies are used for upskilling and training of (vulnerable) unemployed persons, with the aim of securing stable employment. Many traineeships are also part of an education.
Amendment 434
Raúl de la Hoz Quintano, Rosa Estaràs Ferragut, Maravillas Abadía Jover
Proposal for a directive
Article 4 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall provide for effective controls and inspections conducted by competent authorities to detect and take enforcement measures against practices where a regular employment relationship is disguised as traineeship with the effect of granting lower levels of protection, including working conditions and pay, than the worker concerned would be entitled to under Union or national law, collective agreements or practice. | Member States shall promote effective controls and inspections conducted by competent authorities to detect practices where a regular employment relationship is disguised as traineeship with the effect of granting lower levels of protection, including working conditions and pay, than the worker concerned would be entitled to under Union or national law, collective agreements or practice. They shall also encourage the adoption of measures to improve transparency and compliance with current regulations. |
Or. es
Amendment 435
David Casa
Proposal for a directive
Article 4 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall provide for effective controls and inspections conducted by competent authorities to detect and take enforcement measures against practices where a regular employment relationship is disguised as traineeship with the effect of granting lower levels of protection, including working conditions and pay, than the worker concerned would be entitled to under Union or national law, collective agreements or practice. | Member States shall provide for effective controls and inspections conducted by competent authorities and inspectors who are well versed in the diverse nature of traineeships to adequately assess their quality, to detect and take enforcement measures against practices where a regular employment relationship is disguised as traineeship with the effect of granting lower levels of protection, including working conditions and pay, than the worker concerned would be entitled to under Union or national law, collective agreements or practice. |
Or. en
Amendment 436
Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg
Proposal for a directive
Article 4 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall provide for effective controls and inspections conducted by competent authorities to detect and take enforcement measures against practices where a regular employment relationship is disguised as traineeship with the effect of granting lower levels of protection, including working conditions and pay, than the worker concerned would be entitled to under Union or national law, collective agreements or practice. | Member States shall provide for effective controls and inspections conducted by competent authorities to detect and take enforcement and corrective measures against practices where a regular employment relationship is disguised as traineeship with the effect of replacing regular employee positions and granting lower levels of protection, including working conditions and pay, than the worker concerned would be entitled to under Union or national law, collective agreements or practice. |
Or. en
Amendment 437
Miriam Lexmann
Proposal for a directive
Article 4 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall provide for effective controls and inspections conducted by competent authorities to detect and take enforcement measures against practices where a regular employment relationship is disguised as traineeship with the effect of granting lower levels of protection, including working conditions and pay, than the worker concerned would be entitled to under Union or national law, collective agreements or practice. | Member States shall provide for effective controls and inspections conducted by competent authorities to detect and take enforcement measures against exploitative practices, including where a regular employment relationship is disguised as traineeship with the effect of granting lower levels of protection, including working conditions and pay, than the worker concerned would be entitled to under Union or national law, collective agreements or practice. |
Or. en
Amendment 438
David Casa
Proposal for a directive
Article 4 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall provide for effective controls and inspections conducted by competent authorities to detect and take enforcement measures against practices where a regular employment relationship is disguised as traineeship with the effect of granting lower levels of protection, including working conditions and pay, than the worker concerned would be entitled to under Union or national law, collective agreements or practice. | Member States shall provide for effective controls and inspections conducted by competent authorities to detect and take enforcement measures against practices where a regular employment relationship is disguised as traineeship with the effect of granting lower levels of protection, including working conditions and pay or compensation, than the worker concerned would be entitled to under Union or national law, collective agreements or practice. |
Or. en
Amendment 439
Maravillas Abadía Jover, Raúl de la Hoz Quintano, Rosa Estaràs Ferragut
Proposal for a directive
Article 4 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall implement targeted actions and structural reforms aimed at supporting traineeships. To this end, Member States shall develop and enforce measures to prevent exploitative practices, protect labour rights, and foster the creation of quality employment opportunities, while investing in education and training programmes that address labour market needs. |
Or. en
Amendment 440
Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg
Proposal for a directive
Article 4 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall encourage workers’ representatives and other relevant legal entities to allocate a designated contact person for trainees to serve as a first point of contact to seek advice on available remedies and supports in cases of suspected malpractice, poor working conditions, breaches of their rights or abusive practices. |
Or. en
Amendment 441
David Casa
Proposal for a directive
Article 4 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| For traineeships offered by small- and medium-sized enterprises (SMEs), Member States shall provide simplified compliance procedures for effective control and inspections, and only upon receipt of a complaint to competent authorities from trainees. |
Or. en
Amendment 442
Benedetta Scuderi
on behalf of the Greens/EFA Group
Proposal for a directive
Article 5 – title
| Text proposed by the Commission | Amendment |
|---|---|
| Assessment of regular employment relationships disguised as traineeships | Assessment of fraudulent traineeships |
Or. en
Amendment 443
Chiara Gemma, Georgiana Teodorescu, Francesco Torselli, Mariateresa Vivaldini, Elena Donazzan
Proposal for a directive
Article 5 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. In order to determine whether a purported traineeship constitutes a regular employment relationship, competent authorities shall make an overall assessment of all relevant factual elements. That assessment shall take into account, among others, the following indicative elements: | deleted |
| (a) the absence of a significant learning or training component in the purported traineeship; | |
| (b) the excessive duration of the purported traineeship or multiple and/or consecutive purported traineeships with the same employer by the same person; | |
| (c) equivalent levels of tasks, responsibilities and intensity of work for purported trainees and regular employees at comparable positions with the same employer; | |
| (d) the requirement for previous work experience for candidates for traineeships in the same or a similar field of activity without appropriate justification; | |
| (e) a high ratio of purported traineeships compared with regular employment relationships with the same employer; | |
| (f) a significant number of purported trainees with the same employer who had completed two or more traineeships or held regular employment relationships in the same or similar field of activity, prior to taking up the purported traineeship. |
Or. en
Justification
The 2014 Quality Framework for Traineeships already provides criteria for national authorities to identify and address fraudulent traineeships, ensuring quality control.
Amendment 444
Andrea Wechsler
Proposal for a directive
Article 5 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 1. In order to determine whether a purported traineeship constitutes a regular employment relationship, competent authorities shall make an overall assessment of all relevant factual elements. That assessment shall take into account, among others, the following indicative elements: | 1. Member States shall take appropriate measures, in accordance with their national systems and procedures, to prevent and address the disguise of regular employment relationships as open-market traineeships that aim to circumvent the rights and protections associated with regular employment relationships under Union or national law, collective agreements, or established practice. In this context, Member States need to ensure that an overall assessment is carried out based on the factual circumstances of each individual case. |
Or. en
Amendment 445
Angelika Winzig
Proposal for a directive
Article 5 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 1. In order to determine whether a purported traineeship constitutes a regular employment relationship, competent authorities shall make an overall assessment of all relevant factual elements. That assessment shall take into account, among others, the following indicative elements: | 1. Member States shall take appropriate measures, in accordance with their national systems and procedures, to prevent and address the misuse of traineeships that aim to circumvent the rights and protections associated with regular employment relationships under Union or national law, collective agreements, or established practice. In this context, Member States may empower competent authorities to carry out an overall assessment based on the factual circumstances of each individual case. Such an assessment may, where relevant, take into account the following non-exhaustive and indicative elements: |
Or. en
Amendment 446
Benedetta Scuderi
on behalf of the Greens/EFA Group
Proposal for a directive
Article 5 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 1. In order to determine whether a purported traineeship constitutes a regular employment relationship, competent authorities shall make an overall assessment of all relevant factual elements. That assessment shall take into account, among others, the following indicative elements: | 1. In order to determine the existence of a fraudulent traineeships disguised as a traineeship, competent authorities shall make an overall assessment of all relevant factual elements. In determining whether there is an abusive practice in place, the assessment shall be based on the following elements: |
Or. en
Amendment 447
Henrik Dahl
Proposal for a directive
Article 5 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 1. In order to determine whether a purported traineeship constitutes a regular employment relationship, competent authorities shall make an overall assessment of all relevant factual elements. That assessment shall take into account, among others, the following indicative elements: | 1. In order to identify abusive practices arising from the use of traineeships, competent authorities shall make an overall assessment of all relevant factual elements in accordance with national law or practice. That assessment can take into account, among others, the following indicative elements: |
Or. en
Justification
Labour markets across the EU holds differences, and national authorities and national social partners are best suited to determine the performance of the assessments, and what must be included in order to determine and detect abusive matters.
Amendment 448
Arba Kokalari, Henrik Dahl
Proposal for a directive
Article 5 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 1. In order to determine whether a purported traineeship constitutes a regular employment relationship, competent authorities shall make an overall assessment of all relevant factual elements. That assessment shall take into account, among others, the following indicative elements: | 1. In order to determine whether a purported traineeship constitutes a regular employment relationship, Member States shall ensure that an overall assessment of all relevant factual elements is preformed in accordance with national law or practice. That assessment may take into account, among others, the following indicative elements: |
Or. en
Amendment 449
Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg
Proposal for a directive
Article 5 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 1. In order to determine whether a purported traineeship constitutes a regular employment relationship, competent authorities shall make an overall assessment of all relevant factual elements. That assessment shall take into account, among others, the following indicative elements: | 1. In order to determine whether a purported traineeship constitutes a regular employment relationship requiring corrective action, competent authorities shall make an overall assessment of all relevant factual elements in particular the facts relating to the actual performance of work irrespective of how the relationship is designated in any contractual arrangement that may have been agreed between the parties involved. That assessment shall take into account, among others, the following indicative elements: |
Or. en
Amendment 450
Miriam Lexmann
Proposal for a directive
Article 5 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 1. In order to determine whether a purported traineeship constitutes a regular employment relationship, competent authorities shall make an overall assessment of all relevant factual elements. That assessment shall take into account, among others, the following indicative elements: | 1. In order to determine whether a purported traineeship constitutes a regular employment relationship, competent authorities shall make an overall assessment of all relevant factual elements in line with their national law, collective agreements or practice in force in each Member State. That assessment shall take into account, among others, the following indicative elements: |
Or. en
Amendment 451
Isabelle Le Callennec
Proposal for a directive
Article 5 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 1. In order to determine whether a purported traineeship constitutes a regular employment relationship, competent authorities shall make an overall assessment of all relevant factual elements. That assessment shall take into account, among others, the following indicative elements: | 1. In order to determine whether a purported traineeship constitutes a regular employment relationship, competent authorities shall make an overall assessment of all relevant factual elements in accordance with the prerogatives laid down in legislation and national practices. That assessment shall take into account, among others, the following indicative elements: |
Or. fr
Amendment 452
Raúl de la Hoz Quintano, Rosa Estaràs Ferragut, Maravillas Abadía Jover
Proposal for a directive
Article 5 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 1. In order to determine whether a purported traineeship constitutes a regular employment relationship, competent authorities shall make an overall assessment of all relevant factual elements. That assessment shall take into account, among others, the following indicative elements: | 1. In order to determine whether a purported traineeship constitutes a regular employment relationship, competent authorities shall make an overall assessment of relevant factual elements relating to the specific case in question. That assessment shall take into account, among others, the following indicative elements: |
Or. es
Amendment 453
Miriam Lexmann
Proposal for a directive
Article 5 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 1. In order to determine whether a purported traineeship constitutes a regular employment relationship, competent authorities shall make an overall assessment of all relevant factual elements. That assessment shall take into account, among others, the following indicative elements: | 1. In order to determine whether a purported traineeship constitutes a regular employment relationship, competent authorities shall make an overall assessment of all relevant factual elements in their mutual context. That assessment shall take into account, among others, the following indicative elements: |
Or. en
Amendment 454
Andrea Wechsler
Proposal for a directive
Article 5 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the absence of a significant learning or training component in the purported traineeship; | deleted |
Or. en
Amendment 455
Mélanie Disdier, Rachel Blom, Pál Szekeres, Marie Dauchy, Séverine Werbrouck
Proposal for a directive
Article 5 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the absence of a significant learning or training component in the purported traineeship; | (a) the purported traineeship does not primarily consist of learning and training functions; |
Or. fr
Justification
The main feature of a traineeship is to train a young person. It is not merely a component; it is the basic function of a traineeship.
Amendment 456
Benedetta Scuderi
on behalf of the Greens/EFA Group
Proposal for a directive
Article 5 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the absence of a significant learning or training component in the purported traineeship; | (a) the absence of a written contract between the trainee and the traineeship provider; |
Or. en
Amendment 457
Angelika Winzig
Proposal for a directive
Article 5 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the absence of a significant learning or training component in the purported traineeship; | (a) the absence of a meaningful learning or training component in the traineeship; |
Or. en
Amendment 458
Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi
Proposal for a directive
Article 5 – paragraph 1 – point a a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (aa) the absence of supervision of the trainee or trainees by a competent person or persons trained, qualified and available throughout the traineeship; |
Or. en
Amendment 459
Andrea Wechsler
Proposal for a directive
Article 5 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the excessive duration of the purported traineeship or multiple and/or consecutive purported traineeships with the same employer by the same person; | deleted |
Or. en
Amendment 460
Benedetta Scuderi
on behalf of the Greens/EFA Group
Proposal for a directive
Article 5 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the excessive duration of the purported traineeship or multiple and/or consecutive purported traineeships with the same employer by the same person; | (b) the absence of a significant training component, indicated by the absence of the following elements: |
| (i) a clear training programme for the traineeship which sets out the skills, knowledge and competences to be developed over the course of the traineeship, the learning objectives of the traineeship, and the assignment of tasks and training opportunities which will facilitate those skills and objectives; | |
| (ii) a designated supervisor and/or mentor for the period of the traineeship, responsible for providing guidance, support sessions, feedback and oversight of the trainee whilst completing the tasks set; | |
| (iii) a clear connection between the skills being taught during the traineeship and the tasks performed by the trainee. |
Or. en
Amendment 461
Angelika Winzig
Proposal for a directive
Article 5 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the excessive duration of the purported traineeship or multiple and/or consecutive purported traineeships with the same employer by the same person; | (b) excessive duration or multiple and/or consecutive traineeships between the same person and the same employer; |
Or. en
Justification
AM essential for the coherence of the text
Amendment 462
Isabelle Le Callennec
Proposal for a directive
Article 5 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the excessive duration of the purported traineeship or multiple and/or consecutive purported traineeships with the same employer by the same person; | (b) the duration of the traineeship or multiple and/or consecutive purported traineeships with the same employer by the same person; |
Or. fr
Amendment 463
Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi
Proposal for a directive
Article 5 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the excessive duration of the purported traineeship or multiple and/or consecutive purported traineeships with the same employer by the same person; | (b) the excessive duration of the purported traineeship or multiple and/or consecutive purported traineeships with the same employer, by the same or different persons, which do not lead to stable employment; |
Or. en
Amendment 464
Andrea Wechsler
Proposal for a directive
Article 5 – paragraph 1 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) equivalent levels of tasks, responsibilities and intensity of work for purported trainees and regular employees at comparable positions with the same employer; | deleted |
Or. en
Amendment 465
Benedetta Scuderi
on behalf of the Greens/EFA Group
Proposal for a directive
Article 5 – paragraph 1 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) equivalent levels of tasks, responsibilities and intensity of work for purported trainees and regular employees at comparable positions with the same employer; | (c) the excessive duration of a traineeship; |
Or. en
Amendment 466
Maravillas Abadía Jover, Rosa Estaràs Ferragut
Proposal for a directive
Article 5 – paragraph 1 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) equivalent levels of tasks, responsibilities and intensity of work for purported trainees and regular employees at comparable positions with the same employer; | (c) Equivalent tasks, responsibilities, and work intensity may vary between trainees and regular employees, reflecting the different nature of their roles, while ensuring that traineeships provide genuine learning experiences that enhance employability. |
Or. en
Amendment 467
Angelika Winzig
Proposal for a directive
Article 5 – paragraph 1 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) equivalent levels of tasks, responsibilities and intensity of work for purported trainees and regular employees at comparable positions with the same employer; | (c) equivalent levels of tasks, responsibilities, level of experience and work intensity between the trainee and regular employees in comparable positions with the same employer; |
Or. en
Justification
AM essential for the coherence of the text
Amendment 468
Miriam Lexmann
Proposal for a directive
Article 5 – paragraph 1 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) equivalent levels of tasks, responsibilities and intensity of work for purported trainees and regular employees at comparable positions with the same employer; | (c) levels of tasks, responsibilities and intensity of work for purported trainees in comparison with regular employees at comparable positions; |
Or. en
Amendment 469
Raúl de la Hoz Quintano, Rosa Estaràs Ferragut
Proposal for a directive
Article 5 – paragraph 1 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) equivalent levels of tasks, responsibilities and intensity of work for purported trainees and regular employees at comparable positions with the same employer; | (c) equivalent levels of tasks, responsibilities and intensity of work for the purported trainee and regular employees at comparable positions with the same employer; |
Or. es
Amendment 470
Isabelle Le Callennec
Proposal for a directive
Article 5 – paragraph 1 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) equivalent levels of tasks, responsibilities and intensity of work for purported trainees and regular employees at comparable positions with the same employer; | (c) equivalent levels of tasks, responsibilities and intensity of work for trainees and regular employees at comparable positions with the same employer; |
Or. fr
Amendment 471
Benedetta Scuderi
on behalf of the Greens/EFA Group
Proposal for a directive
Article 5 – paragraph 1 – point c a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (ca) the absence of adequate pay; |
Or. en
Amendment 472
Andrea Wechsler
Proposal for a directive
Article 5 – paragraph 1 – point d
| Text proposed by the Commission | Amendment |
|---|---|
| (d) the requirement for previous work experience for candidates for traineeships in the same or a similar field of activity without appropriate justification; | deleted |
Or. en
Amendment 473
Maravillas Abadía Jover, Rosa Estaràs Ferragut
Proposal for a directive
Article 5 – paragraph 1 – point d
| Text proposed by the Commission | Amendment |
|---|---|
| (d) the requirement for previous work experience for candidates for traineeships in the same or a similar field of activity without appropriate justification; | (d) The requirement of prior work experience for traineeship candidates in the same or a similar field should not be presumed as unjustified but recognized as a legitimate selection criterion for employers to ensure that traineeships meet business needs and provide meaningful learning experiences. |
Or. en
Amendment 474
Benedetta Scuderi
on behalf of the Greens/EFA Group
Proposal for a directive
Article 5 – paragraph 1 – point d
| Text proposed by the Commission | Amendment |
|---|---|
| (d) the requirement for previous work experience for candidates for traineeships in the same or a similar field of activity without appropriate justification; | (d) the requirement for candidates to have previous work experience in the same or a similar field of activity prior to taking up the traineeship; |
Or. en
Amendment 475
Branislav Ondruš
Proposal for a directive
Article 5 – paragraph 1 – point d
| Text proposed by the Commission | Amendment |
|---|---|
| (d) the requirement for previous work experience for candidates for traineeships in the same or a similar field of activity without appropriate justification; | (d) the requirement for previous work experience for candidates for traineeships in the same or a similar field of activity; |
Or. en
Amendment 476
Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg
Proposal for a directive
Article 5 – paragraph 1 – point d
| Text proposed by the Commission | Amendment |
|---|---|
| (d) the requirement for previous work experience for candidates for traineeships in the same or a similar field of activity without appropriate justification; | (d) the requirement for previous work experience for candidates for traineeships in the same or a similar field of activity; |
Or. en
Amendment 477
Raúl de la Hoz Quintano, Rosa Estaràs Ferragut
Proposal for a directive
Article 5 – paragraph 1 – point d
| Text proposed by the Commission | Amendment |
|---|---|
| (d) the requirement for previous work experience for candidates for traineeships in the same or a similar field of activity without appropriate justification; | (d) the requirement for previous work experience for the candidate for traineeships in the same or a similar field of activity without appropriate justification; |
Or. es
Amendment 478
Raúl de la Hoz Quintano, Rosa Estaràs Ferragut, Maravillas Abadía Jover
Proposal for a directive
Article 5 – paragraph 1 – point e
| Text proposed by the Commission | Amendment |
|---|---|
| (e) a high ratio of purported traineeships compared with regular employment relationships with the same employer; | deleted |
Or. es
Amendment 479
Andrea Wechsler
Proposal for a directive
Article 5 – paragraph 1 – point e
| Text proposed by the Commission | Amendment |
|---|---|
| (e) a high ratio of purported traineeships compared with regular employment relationships with the same employer; | deleted |
Or. en
Amendment 480
Benedetta Scuderi
on behalf of the Greens/EFA Group
Proposal for a directive
Article 5 – paragraph 1 – point e
| Text proposed by the Commission | Amendment |
|---|---|
| (e) a high ratio of purported traineeships compared with regular employment relationships with the same employer; | (e) the lack of a public vacancy notice for the traineeship outlining the following information: |
| (i) excepted tasks and level of responsibility required of the trainee; | |
| (ii) rights and entitlements of the trainee, including pay, social protection, sick leave, and working time entitlements; | |
| (iii) provision of training and skills to be acquired at the end of the traineeship. |
Or. en
Amendment 481
Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi
Proposal for a directive
Article 5 – paragraph 1 – point e
| Text proposed by the Commission | Amendment |
|---|---|
| (e) a high ratio of purported traineeships compared with regular employment relationships with the same employer; | (e) a high ratio of traineeships of over 10% of the employer’s workforce; |
Or. en
Amendment 482
Angelika Winzig
Proposal for a directive
Article 5 – paragraph 1 – point e
| Text proposed by the Commission | Amendment |
|---|---|
| (e) a high ratio of purported traineeships compared with regular employment relationships with the same employer; | (e) a disproportionately high number of trainees in comparison to regular employees within the same establishment; |
Or. en
Amendment 483
Mélanie Disdier, Rachel Blom, Pál Szekeres, Marie Dauchy, Séverine Werbrouck
Proposal for a directive
Article 5 – paragraph 1 – point e a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (ea) employer’s publications presented as trainee searches rather than traineeship offers; |
Or. fr
Justification
Since the purpose of a traineeship is not to perform a necessary role for a company, mentioning trainee searches betrays a desire to fill a post rather than to offer training to a trainee.
Amendment 484
Raúl de la Hoz Quintano, Rosa Estaràs Ferragut, Maravillas Abadía Jover
Proposal for a directive
Article 5 – paragraph 1 – point f
| Text proposed by the Commission | Amendment |
|---|---|
| (f) a significant number of purported trainees with the same employer who had completed two or more traineeships or held regular employment relationships in the same or similar field of activity, prior to taking up the purported traineeship. | deleted |
Or. es
Amendment 485
Andrea Wechsler
Proposal for a directive
Article 5 – paragraph 1 – point f
| Text proposed by the Commission | Amendment |
|---|---|
| (f) a significant number of purported trainees with the same employer who had completed two or more traineeships or held regular employment relationships in the same or similar field of activity, prior to taking up the purported traineeship. | deleted |
Or. en
Amendment 486
Benedetta Scuderi
on behalf of the Greens/EFA Group
Proposal for a directive
Article 5 – paragraph 1 – point f
| Text proposed by the Commission | Amendment |
|---|---|
| (f) a significant number of purported trainees with the same employer who had completed two or more traineeships or held regular employment relationships in the same or similar field of activity, prior to taking up the purported traineeship. | (f) the absence of a transparent recruitment policy for the provision of stable employment upon completion of the traineeship. |
Or. en
Amendment 487
Angelika Winzig
Proposal for a directive
Article 5 – paragraph 1 – point f
| Text proposed by the Commission | Amendment |
|---|---|
| (f) a significant number of purported trainees with the same employer who had completed two or more traineeships or held regular employment relationships in the same or similar field of activity, prior to taking up the purported traineeship. | (f) the repeated use of traineeships for individuals who have already completed one or more traineeships or employment relationships with the same employer in the same or similar field of activity. |
Or. en
Amendment 488
Benedetta Scuderi
on behalf of the Greens/EFA Group
Proposal for a directive
Article 5 – paragraph 1 – point f a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (fa) the renewal of the traineeship, beyond the maximum duration of 6 months; |
Or. en
Amendment 489
Pierfrancesco Maran, Raffaele Topo, Brando Benifei, Cecilia Strada
Proposal for a directive
Article 5 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 1a. In addition, competent authorities shall also consider circumstantial factors which are external to the traineeship relationship itself when determining whether there are abusive practices arising from the use of traineeships. The assessment shall take into account, inter alia, the following factors: | |
| (a) the high ratio of traineeships relative to the size of the establishment; | |
| (b) the recruitment of trainees who have previously completed a traineeship in the same or similar field of activity; | |
| (c) the repeated extension of the duration of traineeships without offering the possibility of progression within the establishment; | |
| (d) the replacement of permanent positions with consecutive traineeship vacancy adverts; | |
| (e) the low ratio of traineeships that transition into stable employment. |
Or. en
Amendment 490
Maravillas Abadía Jover, Raúl de la Hoz Quintano, Rosa Estaràs Ferragut
Proposal for a directive
Article 5 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 1a. Member States shall ensure that measures to prevent the abuse of traineeships do not impose disproportionate administrative burdens on employers, especially SMEs and start-ups, or reduce the supply of training opportunities and access to employment for young people. |
Or. en
Amendment 491
Chiara Gemma, Georgiana Teodorescu, Francesco Torselli, Mariateresa Vivaldini, Elena Donazzan
Proposal for a directive
Article 5 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. To enable competent authorities to carry out the assessment referred to in paragraph 1, the employer shall, upon request, provide those authorities with the following information: | deleted |
| (a) the number of traineeships and regular employment relationships | |
| (b) the duration of traineeships; | |
| (c) the working conditions, including pay, tasks and responsibilities of purported trainees and of regular employees at comparable positions; | |
| (d) the descriptions of the learning and training components of traineeships; | |
| (e) the vacancy notices for traineeships. |
Or. en
Justification
The extensive list of information required from employers would create a significant administrative burden, in particular for micro and small enterprises.
Amendment 492
Andrea Wechsler
Proposal for a directive
Article 5 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. To enable competent authorities to carry out the assessment referred to in paragraph 1, the employer shall, upon request, provide those authorities with the following information: | deleted |
| (a) the number of traineeships and regular employment relationships | |
| (b) the duration of traineeships; | |
| (c) the working conditions, including pay, tasks and responsibilities of purported trainees and of regular employees at comparable positions; | |
| (d) the descriptions of the learning and training components of traineeships; | |
| (e) the vacancy notices for traineeships. |
Or. en
Justification
A full body of national laws and judgements is already in place to guide this amendment in accordance with national labour laws.
Amendment 493
Angelika Winzig
Proposal for a directive
Article 5 – paragraph 2 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 2. To enable competent authorities to carry out the assessment referred to in paragraph 1, the employer shall, upon request, provide those authorities with the following information: | 2. In order to facilitate the assessment referred to in paragraph 1, employers shall provide the competent authorities, upon reasoned request and in accordance with national procedures, with the following information, if it is strictly necessary for the assessment: |
Or. en
Justification
This provision ensures that competent authorities have access to the necessary information for assessing potential misuse of traineeships, while limiting administrative burden for employers. By requiring a reasoned request and restricting the scope of information to what is strictly necessary, the amendment strikes a fair balance between effective enforcement and the need to safeguard proportionality and legal certainty for businesses.
Amendment 494
Arba Kokalari
Proposal for a directive
Article 5 – paragraph 2 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 2. To enable competent authorities to carry out the assessment referred to in paragraph 1, the employer shall, upon request, provide those authorities with the following information: | 2. To enable competent authorities to carry out the assessment referred to in paragraph 1, Member States shall ensure that employers provide, upon request, the necessary information to the competent authorities |
Or. en
Amendment 495
Henrik Dahl
Proposal for a directive
Article 5 – paragraph 2 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 2. To enable competent authorities to carry out the assessment referred to in paragraph 1, the employer shall, upon request, provide those authorities with the following information: | 2. To enable competent authorities to carry out the assessment referred to in paragraph 1, the traineeship provider shall, upon request, provide those authorities with the following information: |
Or. en
Justification
Contrary to the Draft Report, this set of amendments recognizes the unproportionate nature of requiring every traineeship provider to compile this sort of information for every single trainee. It will represent a significant increase in reporting obligations for companies, which will be contradictory to the present endeavors by the EU to reduce administrative burdens and increase European competitiveness. The traineeship provider should provide the information upon request.
Amendment 496
Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg
Proposal for a directive
Article 5 – paragraph 2 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 2. To enable competent authorities to carry out the assessment referred to in paragraph 1, the employer shall, upon request, provide those authorities with the following information: | 2. To enable competent authorities to carry out the assessment referred to in paragraph 1, the employer shall, upon request and without delay, provide those authorities with the following information: |
Or. en
Amendment 497
Andrea Wechsler
Proposal for a directive
Article 5 – paragraph 2 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the number of traineeships and regular employment relationships | deleted |
Or. en
Amendment 498
Benedetta Scuderi
on behalf of the Greens/EFA Group
Proposal for a directive
Article 5 – paragraph 2 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the number of traineeships and regular employment relationships | (a) the ratio of trainees and other employees in the same establishment; |
Or. en
Amendment 499
Maravillas Abadía Jover, Rosa Estaràs Ferragut
Proposal for a directive
Article 5 – paragraph 2 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the number of traineeships and regular employment relationships | (a) The total number of traineeships and regular employment contracts, ensuring that such data collection does not impose unnecessary administrative burdens on businesses. |
Or. en
Amendment 500
Andrea Wechsler
Proposal for a directive
Article 5 – paragraph 2 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the duration of traineeships; | deleted |
Or. en
Amendment 501
Maravillas Abadía Jover, Rosa Estaràs Ferragut
Proposal for a directive
Article 5 – paragraph 2 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the duration of traineeships; | (b) The duration of traineeships, taking into account sector-specific needs and allowing flexibility for businesses to structure training periods effectively. |
Or. en
Amendment 502
Isabelle Le Callennec
Proposal for a directive
Article 5 – paragraph 2 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) the working conditions, including pay, tasks and responsibilities of purported trainees and of regular employees at comparable positions; | deleted |
Or. fr
Amendment 503
Andrea Wechsler
Proposal for a directive
Article 5 – paragraph 2 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) the working conditions, including pay, tasks and responsibilities of purported trainees and of regular employees at comparable positions; | deleted |
Or. en
Amendment 504
Benedetta Scuderi
on behalf of the Greens/EFA Group
Proposal for a directive
Article 5 – paragraph 2 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) the working conditions, including pay, tasks and responsibilities of purported trainees and of regular employees at comparable positions; | (c) the working conditions, including pay, tasks and responsibilities of trainees and other employees in the same establishment; |
Or. en
Amendment 505
Maravillas Abadía Jover, Rosa Estaràs Ferragut
Proposal for a directive
Article 5 – paragraph 2 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) the working conditions, including pay, tasks and responsibilities of purported trainees and of regular employees at comparable positions; | (c) The general working conditions, including the remuneration, tasks, and responsibilities of both trainees and regular employees in comparable positions, while respecting business confidentiality and operational discretion. |
Or. en
Amendment 506
Angelika Winzig
Proposal for a directive
Article 5 – paragraph 2 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) the working conditions, including pay, tasks and responsibilities of purported trainees and of regular employees at comparable positions; | (c) the working conditions, including compensation, tasks, level of experience and responsibilities of trainees and of regular employees at comparable positions; |
Or. en
Justification
AM essential for the coherence of the text
Amendment 507
Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi
Proposal for a directive
Article 5 – paragraph 2 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) the working conditions, including pay, tasks and responsibilities of purported trainees and of regular employees at comparable positions; | (c) the working conditions, including pay, social security and protection schemes, health and accident insurance, rest period, tasks and responsibilities of purported trainees and of regular employees at comparable positions; the working conditions, including pay, tasks and responsibilities of purported trainees and of regular employees at comparable positions; |
Or. en
Amendment 508
Miriam Lexmann
Proposal for a directive
Article 5 – paragraph 2 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) the working conditions, including pay, tasks and responsibilities of purported trainees and of regular employees at comparable positions; | (c) the working conditions, including compensation or pay, tasks and responsibilities of purported trainees and of regular employees at comparable positions; |
Or. en
Amendment 509
Andrea Wechsler
Proposal for a directive
Article 5 – paragraph 2 – point d
| Text proposed by the Commission | Amendment |
|---|---|
| (d) the descriptions of the learning and training components of traineeships; | deleted |
Or. en
Amendment 510
Maravillas Abadía Jover, Rosa Estaràs Ferragut
Proposal for a directive
Article 5 – paragraph 2 – point d
| Text proposed by the Commission | Amendment |
|---|---|
| (d) the descriptions of the learning and training components of traineeships; | (d) The general description of the educational and training components of traineeships, ensuring that reporting requirements do not discourage businesses from offering training opportunities; |
Or. en
Amendment 511
Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi
Proposal for a directive
Article 5 – paragraph 2 – point d
| Text proposed by the Commission | Amendment |
|---|---|
| (d) the descriptions of the learning and training components of traineeships; | (d) the descriptions of the learning and training components of traineeships; every traineeship shall be accompanied by a written contract that clearly outlines the specific learning objectives. These objectives shall ensure the traineeship is aimed at acquiring skills and knowledge relevant to the trainee’s education or professional development. |
Or. en
Amendment 512
Benedetta Scuderi
on behalf of the Greens/EFA Group
Proposal for a directive
Article 5 – paragraph 2 – point d
| Text proposed by the Commission | Amendment |
|---|---|
| (d) the descriptions of the learning and training components of traineeships; | (d) the descriptions of the learning and training components of traineeships as indicated in the written contract; |
Or. en
Amendment 513
Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi
Proposal for a directive
Article 5 – paragraph 2 – point d a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (da) the identity, competence and diplomas of persons responsible for supervising the trainee or trainees; |
Or. en
Amendment 514
Andrea Wechsler
Proposal for a directive
Article 5 – paragraph 2 – point e
| Text proposed by the Commission | Amendment |
|---|---|
| (e) the vacancy notices for traineeships. | deleted |
Or. en
Amendment 515
Maravillas Abadía Jover, Rosa Estaràs Ferragut
Proposal for a directive
Article 5 – paragraph 2 – point e
| Text proposed by the Commission | Amendment |
|---|---|
| (e) the vacancy notices for traineeships. | (e) information on traineeship offers, maintaining a balance between transparency and the employer’s right to define selection criteria according to company needs. |
Or. en
Amendment 516
Mélanie Disdier, Rachel Blom, Pál Szekeres, Marie Dauchy, Séverine Werbrouck
Proposal for a directive
Article 5 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. To facilitate the assessment referred to in paragraph 1, Member States shall: | deleted |
| (a) define a time limit indicating excessive duration of a traineeship and of repeated, including consecutive, traineeships with the same employer; | |
| (b) require employers to include information on the expected tasks, working conditions, including pay, social protection, learning and training elements in the vacancy notices and advertisements for traineeships. | |
| Member States may provide for exceptions to the time-limit in point (a) in cases where a longer duration is justified by objective grounds. |
Or. fr
Justification
Encroaches on the competences of the Member States.
Amendment 517
Andrea Wechsler
Proposal for a directive
Article 5 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. To facilitate the assessment referred to in paragraph 1, Member States shall: | deleted |
| (a) define a time limit indicating excessive duration of a traineeship and of repeated, including consecutive, traineeships with the same employer; | |
| (b) require employers to include information on the expected tasks, working conditions, including pay, social protection, learning and training elements in the vacancy notices and advertisements for traineeships. | |
| Member States may provide for exceptions to the time-limit in point (a) in cases where a longer duration is justified by objective grounds. |
Or. en
Amendment 518
Andrea Wechsler
Proposal for a directive
Article 5 – paragraph 3 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| To facilitate the assessment referred to in paragraph 1, Member States shall: | deleted |
| (a) define a time limit indicating excessive duration of a traineeship and of repeated, including consecutive, traineeships with the same employer; | |
| (b) require employers to include information on the expected tasks, working conditions, including pay, social protection, learning and training elements in the vacancy notices and advertisements for traineeships. |
Or. en
Amendment 519
Andrea Wechsler
Proposal for a directive
Article 5 – paragraph 3 – subparagraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) define a time limit indicating excessive duration of a traineeship and of repeated, including consecutive, traineeships with the same employer; | deleted |
Or. en
Amendment 520
Benedetta Scuderi
on behalf of the Greens/EFA Group
Proposal for a directive
Article 5 – paragraph 3 – subparagraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) define a time limit indicating excessive duration of a traineeship and of repeated, including consecutive, traineeships with the same employer; | (a) define the minimum duration of the traineeship to be one month and the maximum duration of a traineeship to be six months; |
Or. en
Amendment 521
Catarina Martins, Estrella Galán, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi
Proposal for a directive
Article 5 – paragraph 3 – subparagraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) define a time limit indicating excessive duration of a traineeship and of repeated, including consecutive, traineeships with the same employer; | (a) define the maximum duration of the traineeship and of repeated, including consecutive, traineeships with the same traineeship provider to be six months. Member States may however provide for exceptions to the time-limit up to one year, where a longer duration is justified on objective grounds; |
Or. en
Amendment 522
Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg
Proposal for a directive
Article 5 – paragraph 3 – subparagraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) define a time limit indicating excessive duration of a traineeship and of repeated, including consecutive, traineeships with the same employer; | (a) establish a time limit which shall not exceed six months indicating excessive duration of a traineeship and of repeated, including consecutive, traineeships with the same employer; |
Or. en
Amendment 523
Angelika Winzig
Proposal for a directive
Article 5 – paragraph 3 – subparagraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) define a time limit indicating excessive duration of a traineeship and of repeated, including consecutive, traineeships with the same employer; | (a) in accordance with their national systems, establish indicative criteria or reference thresholds to support the assessment of whether the duration of a traineeship, or repeated — including consecutive — traineeships with the same employer, may be considered excessive. Such criteria shall take into account the specific nature and objectives of the traineeship; |
Or. en
Justification
This wording avoids mandatory time limits, allowing Member States to respond flexibly to different types of traineeships across sectors. It supports legal clarity without imposing uniform standards, in line with the principle of subsidiarity and the diversity of national labour markets.
Amendment 524
Chiara Gemma, Georgiana Teodorescu, Francesco Torselli, Mariateresa Vivaldini, Elena Donazzan
Proposal for a directive
Article 5 – paragraph 3 – subparagraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) define a time limit indicating excessive duration of a traineeship and of repeated, including consecutive, traineeships with the same employer; | (a) define a time limit indicating excessive duration of a traineeship and of repeated, including consecutive, traineeships with the same employer, while allowing exceptions for longer durations, which are objectively justified by training complexity or certification requirements; |
Or. en
Amendment 525
David Casa
Proposal for a directive
Article 5 – paragraph 3 – subparagraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) define a time limit indicating excessive duration of a traineeship and of repeated, including consecutive, traineeships with the same employer; | (a) define a time limit indicating excessive duration of a traineeship and of repeated, including consecutive, traineeships with the same employer, with justified exceptions allowed on objective grounds; |
Or. en
Amendment 526
Pierfrancesco Maran, Raffaele Topo, Brando Benifei, Cecilia Strada
Proposal for a directive
Article 5 – paragraph 3 – subparagraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) define a time limit indicating excessive duration of a traineeship and of repeated, including consecutive, traineeships with the same employer; | (a) define a time limit of six months indicating excessive duration of a traineeship and of repeated, including consecutive, traineeships with the same employer; |
Or. en
Amendment 527
Andrea Wechsler
Proposal for a directive
Article 5 – paragraph 3 – subparagraph 1 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) require employers to include information on the expected tasks, working conditions, including pay, social protection, learning and training elements in the vacancy notices and advertisements for traineeships. | deleted |
Or. en
Amendment 528
Raúl de la Hoz Quintano, Rosa Estaràs Ferragut, Maravillas Abadía Jover
Proposal for a directive
Article 5 – paragraph 3 – subparagraph 1 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) require employers to include information on the expected tasks, working conditions, including pay, social protection, learning and training elements in the vacancy notices and advertisements for traineeships. | (b) urge employers to include information on the expected tasks and working conditions in the vacancy notices and advertisements for traineeships. |
Or. es
Amendment 529
Angelika Winzig
Proposal for a directive
Article 5 – paragraph 3 – subparagraph 1 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) require employers to include information on the expected tasks, working conditions, including pay, social protection, learning and training elements in the vacancy notices and advertisements for traineeships. | (b) Member States shall require employers to provide the same information in traineeship vacancy notices and advertisements as required by national law for regular employment notices. |
Or. en
Justification
Practice on vacancy notices differs largely between Member States. This change reflects the different traditions and aligns the requirements with national law.
Amendment 530
Isabelle Le Callennec
Proposal for a directive
Article 5 – paragraph 3 – subparagraph 1 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) require employers to include information on the expected tasks, working conditions, including pay, social protection, learning and training elements in the vacancy notices and advertisements for traineeships. | (b) require employers to include information on the expected tasks, working conditions, including the allowance, social protection, learning and training elements in the vacancy notices and advertisements for traineeships. |
Or. fr
Amendment 531
Chiara Gemma, Georgiana Teodorescu, Francesco Torselli, Mariateresa Vivaldini, Elena Donazzan
Proposal for a directive
Article 5 – paragraph 3 – subparagraph 1 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) require employers to include information on the expected tasks, working conditions, including pay, social protection, learning and training elements in the vacancy notices and advertisements for traineeships. | (b) require employers to include information on the expected tasks, working conditions, including pay, social protection, learning and training elements in the vacancy notices for traineeships. |
Or. en
Amendment 532
Jan-Peter Warnke, Branislav Ondruš
Proposal for a directive
Article 5 – paragraph 3 – subparagraph 1 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) require employers to include information on the expected tasks, working conditions, including pay, social protection, learning and training elements in the vacancy notices and advertisements for traineeships. | (b) require employers to include information on the expected tasks, working conditions, including pay, social protection, learning and training elements in the vacancy notices, advertisements for traineeships and traineeship working contracts. |
Or. en
Amendment 533
Benedetta Scuderi
on behalf of the Greens/EFA Group
Proposal for a directive
Article 5 – paragraph 3 – subparagraph 1 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) require employers to include information on the expected tasks, working conditions, including pay, social protection, learning and training elements in the vacancy notices and advertisements for traineeships. | (b) require employers to include information on the expected tasks, working conditions, including pay, social protection, learning and training elements, as well as the possibilities of recruitment after the completion of the traineeship in the vacancy notices and advertisements for traineeships. |
Or. en
Amendment 534
Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg
Proposal for a directive
Article 5 – paragraph 3 – subparagraph 1 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) require employers to include information on the expected tasks, working conditions, including pay, social protection, learning and training elements in the vacancy notices and advertisements for traineeships. | (b) require employers to include information on the expected tasks, working conditions, including pay, social protection, learning and training elements and prohibit the inclusion of a requirement for previous work experience in the vacancy notices and advertisements for traineeships. |
Or. en
Amendment 535
David Casa
Proposal for a directive
Article 5 – paragraph 3 – subparagraph 1 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) require employers to include information on the expected tasks, working conditions, including pay, social protection, learning and training elements in the vacancy notices and advertisements for traineeships. | (b) require employers to include information on the expected tasks, working conditions, including pay or compensation, social protection, learning and training elements in the vacancy notices and advertisements for traineeships. |
Or. en
Amendment 536
Benedetta Scuderi
on behalf of the Greens/EFA Group
Proposal for a directive
Article 5 – paragraph 3 – subparagraph 1 – point b a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (ba) define an adequate level of pay that ensures a decent standard of living for the trainee; |
Or. en
Amendment 537
Andrea Wechsler
Proposal for a directive
Article 5 – paragraph 3 – subparagraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| Member States may provide for exceptions to the time-limit in point (a) in cases where a longer duration is justified by objective grounds. | deleted |
Or. en
Amendment 538
Angelika Winzig
Proposal for a directive
Article 5 – paragraph 3 – subparagraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| Member States may provide for exceptions to the time-limit in point (a) in cases where a longer duration is justified by objective grounds. | deleted |
Or. en
Amendment 539
Benedetta Scuderi
on behalf of the Greens/EFA Group
Proposal for a directive
Article 5 – paragraph 3 – subparagraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| Member States may provide for exceptions to the time-limit in point (a) in cases where a longer duration is justified by objective grounds. | Member States may provide for exceptions to the time-limit in point (a) in cases where a longer duration is justified for traineeships whose completion is mandatory for accessing a profession; |
Or. en
Amendment 540
Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg
Proposal for a directive
Article 5 – paragraph 3 – subparagraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| Member States may provide for exceptions to the time-limit in point (a) in cases where a longer duration is justified by objective grounds. | Member States may provide for exceptions to or provisions for the extension of the time-limit in point (a) in cases where a longer duration is justified by objective grounds. |
Or. en
Amendment 541
Chiara Gemma, Georgiana Teodorescu, Francesco Torselli, Mariateresa Vivaldini, Elena Donazzan
Proposal for a directive
Article 6 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall take effective measures to ensure that all relevant Union law applicable to workers is fully implemented and enforced in relation to trainees. In particular they shall: | To ensure the full achievement of the objectives of this Directive, Member States shall undertake the following measures: |
Or. en
Justification
We want to ensure that the directive maintains the legal distinction between traineeships and employment relationships. Trainees cannot be classified as having an employment contract, so EU law cannot apply in the same way as workers. Member States must be able to regulate traineeships effectively within their existing legal frameworks without undue burden on employers.
Amendment 542
Angelika Winzig
Proposal for a directive
Article 6 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall take effective measures to ensure that all relevant Union law applicable to workers is fully implemented and enforced in relation to trainees. In particular they shall: | Member States shall take appropriate measures, in accordance with their national systems and practices, to ensure that trainees benefit from the rights and protections applicable to them under Union and national law, collective agreements, or established practice. In particular, Member States shall: |
Or. en
Justification
This amendment clarifies that trainees are not automatically to be treated as workers under Union law. It ensures that they receive the protections specifically applicable to their status, while respecting national implementation systems and avoiding legal uncertainty.
Amendment 543
Mélanie Disdier, Rachel Blom, Pál Szekeres, Marie Dauchy, Séverine Werbrouck
Proposal for a directive
Article 6 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall take effective measures to ensure that all relevant Union law applicable to workers is fully implemented and enforced in relation to trainees. In particular they shall: | Member States shall take effective measures to ensure that the distinction between traditional worker and trainee is fully observed. In particular they shall: |
Or. fr
Justification
As the rules on trainees do not fall within the competence of the European Union, seeking to apply European law is contrary to the Treaties.
Amendment 544
Andrea Wechsler
Proposal for a directive
Article 6 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall take effective measures to ensure that all relevant Union law applicable to workers is fully implemented and enforced in relation to trainees. In particular they shall: | Member States shall take effective measures to ensure that all relevant Union law applicable to workers is fully implemented and enforced in relation to trainees. |
Or. en
Amendment 545
Isabelle Le Callennec
Proposal for a directive
Article 6 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall take effective measures to ensure that all relevant Union law applicable to workers is fully implemented and enforced in relation to trainees. In particular they shall: | Member States shall take effective measures to ensure that all relevant Union law applicable to workers is fully implemented and enforced in relation to trainees. In particular they may: |
Or. fr
Amendment 546
Arba Kokalari, Henrik Dahl
Proposal for a directive
Article 6 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall take effective measures to ensure that all relevant Union law applicable to workers is fully implemented and enforced in relation to trainees. In particular they shall: | Member States shall take effective measures in accordance with national law or practice to ensure that all relevant Union law applicable to workers is fully implemented and enforced in relation to trainees. In particular they shall: |
Or. en
Amendment 547
Isabelle Le Callennec
Proposal for a directive
Article 6 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall take effective measures to ensure that all relevant Union law applicable to workers is fully implemented and enforced in relation to trainees. In particular they shall: | Member States shall take effective measures to ensure that all relevant Union law applicable to workers is fully implemented and enforced in relation to open labour market trainees. In particular they shall: |
Or. fr
Amendment 548
Andrea Wechsler
Proposal for a directive
Article 6 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) ensure that information on the rights of trainees is publicly available in a clear, comprehensive and easily accessible way; | deleted |
Or. en
Amendment 549
Raúl de la Hoz Quintano, Rosa Estaràs Ferragut, Maravillas Abadía Jover
Proposal for a directive
Article 6 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) ensure that information on the rights of trainees is publicly available in a clear, comprehensive and easily accessible way; | (a) ensure that information on the rights of trainees is available to them in a clear, comprehensive and easily accessible way; |
Or. es
Amendment 550
Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg
Proposal for a directive
Article 6 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) ensure that information on the rights of trainees is publicly available in a clear, comprehensive and easily accessible way; | (a) ensure that information on the rights of trainees is publicly available free of charge in a clear, comprehensive and easily accessible way including in accessible formats for persons with disabilities; |
Or. en
Amendment 551
Mélanie Disdier, Rachel Blom, Pál Szekeres, Marie Dauchy
Proposal for a directive
Article 6 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) ensure that information on the rights of trainees is publicly available in a clear, comprehensive and easily accessible way; | (a) ensure that information on the rights of trainees and on the legal regime applicable to trainees is publicly available in a clear, comprehensive and easily accessible way; |
Or. fr
Amendment 552
Andrea Wechsler
Proposal for a directive
Article 6 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) develop guidance for employers of trainees regarding the legal framework for traineeships, including relevant labour law and social protection aspects; | deleted |
Or. en
Amendment 553
Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg
Proposal for a directive
Article 6 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) develop guidance for employers of trainees regarding the legal framework for traineeships, including relevant labour law and social protection aspects; | (b) develop guidance and supports for traineeship providers of trainees regarding the legal framework for traineeships, in particular SMEs, including relevant labour law and social protection aspects as well as best practices on provision of quality learning and training elements; |
Or. en
Amendment 554
Mélanie Disdier, Rachel Blom, Pál Szekeres, Marie Dauchy, Séverine Werbrouck
Proposal for a directive
Article 6 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) develop guidance for employers of trainees regarding the legal framework for traineeships, including relevant labour law and social protection aspects; | (b) develop guidance for employers of trainees regarding the legal framework for traineeships, including relevant labour law and social protection aspects, as well as the legal limits to be complied with in order to avoid reclassification as a traditional employment contract; |
Or. fr
Amendment 555
Pierfrancesco Maran, Raffaele Topo, Brando Benifei, Cecilia Strada
Proposal for a directive
Article 6 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) develop guidance for employers of trainees regarding the legal framework for traineeships, including relevant labour law and social protection aspects; | (b) develop a common quality framework and guidance for employers of trainees regarding the legal framework for traineeships, including relevant labour law and social protection aspects, as well as quality and accessibility practices for traineeships; |
Or. en
Amendment 556
Isabelle Le Callennec
Proposal for a directive
Article 6 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) develop guidance for employers of trainees regarding the legal framework for traineeships, including relevant labour law and social protection aspects; | (b) develop guidance for employers of trainees regarding the legal framework for open labour market traineeships, including relevant labour law and social protection aspects; |
Or. fr
Amendment 557
Isabelle Le Callennec
Proposal for a directive
Article 6 – paragraph 1 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) provide for effective controls and inspections conducted by competent authorities to enforce relevant labour law in relation to trainees; | deleted |
Or. fr
Amendment 558
Andrea Wechsler
Proposal for a directive
Article 6 – paragraph 1 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) provide for effective controls and inspections conducted by competent authorities to enforce relevant labour law in relation to trainees; | deleted |
Or. en
Justification
There is no clear definition of competent authorities. This creates legal uncertainty and the risk that new authorities will be created and labour law claims will no longer be addressed by ordinary courts.
Amendment 559
Arba Kokalari, Henrik Dahl
Proposal for a directive
Article 6 – paragraph 1 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) provide for effective controls and inspections conducted by competent authorities to enforce relevant labour law in relation to trainees; | (c) provide for effective measures in accordance with national law or practice, including, where appropriate, controls and inspections, to enforce the relevant labour law in relation to trainees; |
Or. en
Amendment 560
Pierfrancesco Maran, Raffaele Topo, Brando Benifei, Cecilia Strada
Proposal for a directive
Article 6 – paragraph 1 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) provide for effective controls and inspections conducted by competent authorities to enforce relevant labour law in relation to trainees; | (c) provide for regular and effective controls and inspections to be conducted by competent authorities on a minimum number of traineeship providers in order to enforce relevant labour law in relation to trainees; |
Or. en
Amendment 561
Isabelle Le Callennec
Proposal for a directive
Article 6 – paragraph 1 – point d
| Text proposed by the Commission | Amendment |
|---|---|
| (d) ensure that the competent authorities are provided with the human, technical and financial resources necessary to perform effective controls and inspections and have the competence to impose effective, proportionate and dissuasive penalties; | deleted |
Or. fr
Amendment 562
Andrea Wechsler
Proposal for a directive
Article 6 – paragraph 1 – point d
| Text proposed by the Commission | Amendment |
|---|---|
| (d) ensure that the competent authorities are provided with the human, technical and financial resources necessary to perform effective controls and inspections and have the competence to impose effective, proportionate and dissuasive penalties; | deleted |
Or. en
Amendment 563
Arba Kokalari, Henrik Dahl
Proposal for a directive
Article 6 – paragraph 1 – point d
| Text proposed by the Commission | Amendment |
|---|---|
| (d) ensure that the competent authorities are provided with the human, technical and financial resources necessary to perform effective controls and inspections and have the competence to impose effective, proportionate and dissuasive penalties; | (d) Ensure that appropriate systems are in place, in accordance with national law or practice, with the necessary resources to carry out effective controls and inspections. These systems should also have the capacity to impose effective, proportionate, and dissuasive penalties, taking into account the varying approaches across Member States; |
Or. en
Amendment 564
Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi
Proposal for a directive
Article 6 – paragraph 1 – point d
| Text proposed by the Commission | Amendment |
|---|---|
| (d) ensure that the competent authorities are provided with the human, technical and financial resources necessary to perform effective controls and inspections and have the competence to impose effective, proportionate and dissuasive penalties; | (d) ensure that the competent authorities are provided with the human, technical and financial resources necessary to perform effective controls and inspections and have the competence to impose effective, proportionate and dissuasive penalties, which may go as far as a ban on taking on new trainees or the relevant authority deciding to close the establishment;; |
Or. en
Amendment 565
Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi
Proposal for a directive
Article 6 – paragraph 1 – point d
| Text proposed by the Commission | Amendment |
|---|---|
| (d) ensure that the competent authorities are provided with the human, technical and financial resources necessary to perform effective controls and inspections and have the competence to impose effective, proportionate and dissuasive penalties; | (d) ensure that the competent authorities and National Labour Inspection are provided with the human, technical and financial resources necessary to perform effective controls and inspections and have the competence to impose effective, proportionate and dissuasive penalties; |
Or. en
Amendment 566
Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg
Proposal for a directive
Article 6 – paragraph 1 – point d
| Text proposed by the Commission | Amendment |
|---|---|
| (d) ensure that the competent authorities are provided with the human, technical and financial resources necessary to perform effective controls and inspections and have the competence to impose effective, proportionate and dissuasive penalties; | (d) ensure that the competent authorities are provided with the sufficient human, technical and financial resources necessary to perform effective controls and inspections and have the competence to impose effective, proportionate and dissuasive penalties; |
Or. en
Amendment 567
Chiara Gemma, Georgiana Teodorescu, Francesco Torselli, Mariateresa Vivaldini, Elena Donazzan
Proposal for a directive
Article 6 – paragraph 1 – point e
| Text proposed by the Commission | Amendment |
|---|---|
| (e) develop the capability of the competent authorities, in particular through training and guidance, to proactively target and pursue non-compliant employers; | deleted |
Or. en
Amendment 568
Andrea Wechsler
Proposal for a directive
Article 6 – paragraph 1 – point e
| Text proposed by the Commission | Amendment |
|---|---|
| (e) develop the capability of the competent authorities, in particular through training and guidance, to proactively target and pursue non-compliant employers; | deleted |
Or. en
Amendment 569
Arba Kokalari, Henrik Dahl
Proposal for a directive
Article 6 – paragraph 1 – point e
| Text proposed by the Commission | Amendment |
|---|---|
| (e) develop the capability of the competent authorities, in particular through training and guidance, to proactively target and pursue non-compliant employers; | (e) Develop the capability of appropriate systems, in accordance with national law or practice, in particular through training and guidance, to proactively target and pursue non-compliant employers; |
Or. en
Amendment 570
Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg
Proposal for a directive
Article 6 – paragraph 1 – point e
| Text proposed by the Commission | Amendment |
|---|---|
| (e) develop the capability of the competent authorities, in particular through training and guidance, to proactively target and pursue non-compliant employers; | (e) develop the capability of the competent authorities, in particular through training and guidance, to proactively target and pursue non-compliant traineeship providers; |
Or. en
Amendment 571
Raúl de la Hoz Quintano, Rosa Estaràs Ferragut, Maravillas Abadía Jover
Proposal for a directive
Article 6 – paragraph 1 – point e
| Text proposed by the Commission | Amendment |
|---|---|
| (e) develop the capability of the competent authorities, in particular through training and guidance, to proactively target and pursue non-compliant employers; | (e) develop the capability of the competent authorities, in particular through training and guidance, to proactively target non-compliant employers; |
Or. es
Amendment 572
Andrea Wechsler
Proposal for a directive
Article 6 – paragraph 1 – point f
| Text proposed by the Commission | Amendment |
|---|---|
| (f) ensure, in cooperation with the competent authorities, channels for trainees to report malpractice and poor working conditions, and provide information on those channels | deleted |
Or. en
Amendment 573
Andrea Wechsler
Proposal for a directive
Article 6 – paragraph 1 – point f
| Text proposed by the Commission | Amendment |
|---|---|
| (f) ensure, in cooperation with the competent authorities, channels for trainees to report malpractice and poor working conditions, and provide information on those channels | (f) ensure channels for trainees to report malpractice and poor working conditions, and provide information on those channels |
Or. en
Amendment 574
Arba Kokalari, Henrik Dahl
Proposal for a directive
Article 6 – paragraph 1 – point f
| Text proposed by the Commission | Amendment |
|---|---|
| (f) ensure, in cooperation with the competent authorities, channels for trainees to report malpractice and poor working conditions, and provide information on those channels | (f) ensure, in cooperation with the competent authorities or social partners, in accordance with national law or practice, that channels are in place for trainees to report malpractice and poor working conditions, alleged infringements of rights and obligations under this directive, and provide information on those channels |
Or. en
Amendment 575
Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg
Proposal for a directive
Article 6 – paragraph 1 – point f
| Text proposed by the Commission | Amendment |
|---|---|
| (f) ensure, in cooperation with the competent authorities, channels for trainees to report malpractice and poor working conditions, and provide information on those channels | (f) ensure, in cooperation with the competent authorities, channels for trainees to report malpractice and poor working conditions, and provide information on those channels under point (a) while complying with Regulation (EU) 2016/679. Such channels shall be accessible for persons with disabilities in accordance with Directive (EU) 2016/2102; |
Or. en
Amendment 576
Benedetta Scuderi
on behalf of the Greens/EFA Group
Proposal for a directive
Article 6 – paragraph 1 – point f
| Text proposed by the Commission | Amendment |
|---|---|
| (f) ensure, in cooperation with the competent authorities, channels for trainees to report malpractice and poor working conditions, and provide information on those channels | (f) ensure, in cooperation with the competent authorities, channels for trainees anonymously and safely to report malpractice and poor working conditions, and provide information on those channels |
Or. en
Amendment 577
Benedetta Scuderi
on behalf of the Greens/EFA Group
Proposal for a directive
Article 6 – paragraph 1 – point f a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (fa) ensure the validation, recognition and portability of the skills and competences acquired during the traineeship period through a certificate; |
Or. en
Amendment 578
Benedetta Scuderi
on behalf of the Greens/EFA Group
Proposal for a directive
Article 6 – paragraph 1 – point f b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (fb) ensure that traineeships are recognised as work experience in recruitment processes in the job market; |
Or. en
Amendment 579
Maravillas Abadía Jover, Raúl de la Hoz Quintano, Rosa Estaràs Ferragut
Proposal for a directive
Article 6 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Member States will encourage the integration of traineeships in post training pathways that respond to current and future labour market demands. |
Or. en
Amendment 580
Raúl de la Hoz Quintano, Rosa Estaràs Ferragut, Maravillas Abadía Jover
Proposal for a directive
Article 7 – title
| Text proposed by the Commission | Amendment |
|---|---|
| Right to redress | Dispute resolution and right to compensation |
Or. es
Amendment 581
Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi
Proposal for a directive
Article 7 – title
| Text proposed by the Commission | Amendment |
|---|---|
| Right to redress | Right to redress and emergency procedures |
Or. en
Amendment 582
Angelika Winzig
Proposal for a directive
Article 7 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that trainees, including those whose employment relationship has ended, have access to effective and impartial dispute resolution and a right to redress, including adequate compensation, in the case of infringements of their rights arising from this Directive or from other Union law applicable to workers. | Member States shall ensure that trainees, including those whose traineeship has ended, have access to effective and impartial dispute resolution mechanisms and appropriate remedies, including, where justified, compensation, in cases of infringements of rights arising from this Directive or from other applicable Union or national law. |
Or. en
Justification
This amendment ensures access to justice for trainees while clearly distinguishing their legal status from that of workers. It respects national procedural autonomy and avoids creating unintended obligations for Member States or employers, in line with the principle of subsidiarity.
Amendment 583
Mélanie Disdier, Rachel Blom, Pál Szekeres, Marie Dauchy, Séverine Werbrouck
Proposal for a directive
Article 7 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that trainees, including those whose employment relationship has ended, have access to effective and impartial dispute resolution and a right to redress, including adequate compensation, in the case of infringements of their rights arising from this Directive or from other Union law applicable to workers. | Member States shall ensure that trainees, including those whose employment relationship has ended, have access to effective and impartial dispute resolution and a right to redress, including adequate compensation, in the case of infringements of their specific status leading to a reclassification of their legal situation as a traditional employment contract. |
Or. fr
Amendment 584
Andrea Wechsler
Proposal for a directive
Article 7 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that trainees, including those whose employment relationship has ended, have access to effective and impartial dispute resolution and a right to redress, including adequate compensation, in the case of infringements of their rights arising from this Directive or from other Union law applicable to workers. | Member States shall ensure that trainees have access to effective and impartial dispute resolution and a right to redress in the case of infringements of their rights arising from this Directive or from other Union law applicable to workers. |
Or. en
Amendment 585
Raúl de la Hoz Quintano, Rosa Estaràs Ferragut, Maravillas Abadía Jover
Proposal for a directive
Article 7 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that trainees, including those whose employment relationship has ended, have access to effective and impartial dispute resolution and a right to redress, including adequate compensation, in the case of infringements of their rights arising from this Directive or from other Union law applicable to workers. | Member States shall ensure that trainees, including those whose employment relationship has ended, have access to effective and impartial dispute resolution and to compensation in the case of infringements of their rights arising from this Directive or from other Union law applicable to workers. |
Or. es
Amendment 586
Benedetta Scuderi
on behalf of the Greens/EFA Group
Proposal for a directive
Article 7 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that trainees, including those whose employment relationship has ended, have access to effective and impartial dispute resolution and a right to redress, including adequate compensation, in the case of infringements of their rights arising from this Directive or from other Union law applicable to workers. | Member States shall ensure that trainees, including those whose traineeship has ended, have access to effective and impartial dispute resolution and a right to redress, including adequate compensation, in the case of infringements of their rights arising from this Directive or from other Union law. |
Or. en
Amendment 587
Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg
Proposal for a directive
Article 7 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that trainees, including those whose employment relationship has ended, have access to effective and impartial dispute resolution and a right to redress, including adequate compensation, in the case of infringements of their rights arising from this Directive or from other Union law applicable to workers. | Member States shall ensure that trainees, including those whose traineeship has ended, have access to effective and impartial dispute resolution and a right to redress, including adequate compensation, in the case of infringements of their rights arising from this Directive or from other Union law applicable to workers. |
Or. en
Amendment 588
Chiara Gemma, Georgiana Teodorescu, Francesco Torselli, Mariateresa Vivaldini, Elena Donazzan
Proposal for a directive
Article 7 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that trainees, including those whose employment relationship has ended, have access to effective and impartial dispute resolution and a right to redress, including adequate compensation, in the case of infringements of their rights arising from this Directive or from other Union law applicable to workers. | Member States shall ensure that trainees, including those whose employment relationship has ended, have access to effective and impartial dispute resolution and a right to redress, including adequate compensation, in the case of infringements of their rights arising from this Directive or from other Union law applicable to workers, provided that such mechanisms are accessible and simplified for micro-enterprises and SME’s . |
Or. en
Amendment 589
Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi
Proposal for a directive
Article 7 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| The Member States shall take the necessary measures to ensure that during a traineeship, the trainee can urgently refer the matter to the competent authority and/or the labour inspectorate in the event of a breach of their fundamental rights, particularly those to health and safety and the prevention of psychological or sexual violence, with a view to solving the matter swiftly or, failing that, to putting an end to the traineeship without prejudice to the trainee or the proper functioning of their training programme. |
Or. en
Amendment 590
Chiara Gemma, Georgiana Teodorescu, Francesco Torselli, Mariateresa Vivaldini, Elena Donazzan
Proposal for a directive
Article 8
| Text proposed by the Commission | Amendment |
|---|---|
| Article 8 | deleted |
| Procedures on behalf or in support of trainees | |
| Member States shall ensure that representatives of workers may engage in any relevant judicial or administrative procedure to enforce the rights and obligations arising from this Directive or from other Union law applicable to workers. They may act on behalf or in support of one or several trainees in the case of an infringement of any right or obligation arising from this Directive or from other Union law applicable to workers, with that trainee’s or those trainees’ approval. |
Or. en
Justification
We want to reiterate that traineeships do not constitute employment relationships. The wording in the proposed Directive risks blurring the distinction between trainees and employees, creating legal uncertainty and additional obligations for companies. This article also deals with a general principle – to combat ‘retaliatory’ behaviour resulting from the exercise of a right – which is, however, already present in many national legal systems, risking being redundant.
Amendment 591
Arba Kokalari
Proposal for a directive
Article 8 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that representatives of workers may engage in any relevant judicial or administrative procedure to enforce the rights and obligations arising from this Directive or from other Union law applicable to workers. They may act on behalf or in support of one or several trainees in the case of an infringement of any right or obligation arising from this Directive or from other Union law applicable to workers, with that trainee’s or those trainees’ approval. | Member States shall ensure that worker's representatives are able to engage in accordance with national law or practice, in any relevant judicial or administrative procedure to enforce the rights and obligations arising from this Directive and are able to act, where admissible pursuant to national law or practice. They may act on behalf or in support of a trainees in the case of an infringement of any right or obligation arising from this Directive or from other Union law applicable to workers, with the trainee’s or those trainees’ approval. |
Or. en
Amendment 592
Mélanie Disdier, Rachel Blom, Pál Szekeres, Marie Dauchy, Séverine Werbrouck
Proposal for a directive
Article 8 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that representatives of workers may engage in any relevant judicial or administrative procedure to enforce the rights and obligations arising from this Directive or from other Union law applicable to workers. They may act on behalf or in support of one or several trainees in the case of an infringement of any right or obligation arising from this Directive or from other Union law applicable to workers, with that trainee’s or those trainees’ approval. | Member States shall ensure that representatives of workers may engage in any relevant judicial or administrative procedure to enforce the rights and obligations arising from this Directive. They may act on behalf or in support of one or several trainees in the case of an infringement of their legal regime leading to the application of Union law applicable to workers, with that trainee’s or those trainees’ approval. |
Or. fr
Amendment 593
Angelika Winzig
Proposal for a directive
Article 8 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that representatives of workers may engage in any relevant judicial or administrative procedure to enforce the rights and obligations arising from this Directive or from other Union law applicable to workers. They may act on behalf or in support of one or several trainees in the case of an infringement of any right or obligation arising from this Directive or from other Union law applicable to workers, with that trainee’s or those trainees’ approval. | Member States shall ensure that representatives of workers or other relevant bodies, in accordance with national law and practice, may engage in judicial or administrative proceedings to support the enforcement of rights and obligations arising from this Directive. They may act on behalf of, or in support of, one or more trainees in cases of alleged infringements of such rights or obligations, with the trainee’s or trainees’ consent. |
Or. en
Justification
This amendment maintains the possibility for representatives to support trainees in enforcing their rights, while clearly distinguishing the legal status of trainees from that of workers. It preserves national procedural frameworks and avoids creating unintended obligations, thereby ensuring consistency with the principle of subsidiarity.
Amendment 594
Jan-Peter Warnke, Branislav Ondruš
Proposal for a directive
Article 8 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that representatives of workers may engage in any relevant judicial or administrative procedure to enforce the rights and obligations arising from this Directive or from other Union law applicable to workers. They may act on behalf or in support of one or several trainees in the case of an infringement of any right or obligation arising from this Directive or from other Union law applicable to workers, with that trainee’s or those trainees’ approval. | Member States shall ensure that representatives of workers may engage in any relevant judicial or administrative procedure to enforce the rights and obligations arising from this Directive or from other Union law applicable to workers. They may act on behalf or in support of one or several trainees in the case of an infringement of any right or obligation arising from this Directive or from other Union law applicable to workers, with that trainee’s or those trainees’ approval. Trainees shall be explicitly informed about this possibility by the workers representatives or their employer at the beginning of their traineeship. |
Or. en
Amendment 595
Raúl de la Hoz Quintano, Rosa Estaràs Ferragut, Maravillas Abadía Jover
Proposal for a directive
Article 8 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that representatives of workers may engage in any relevant judicial or administrative procedure to enforce the rights and obligations arising from this Directive or from other Union law applicable to workers. They may act on behalf or in support of one or several trainees in the case of an infringement of any right or obligation arising from this Directive or from other Union law applicable to workers, with that trainee’s or those trainees’ approval. | Member States shall ensure that representatives of workers may engage in any relevant judicial or administrative procedure to enforce the rights and obligations arising from this Directive or from other Union law applicable to workers, only where they have so requested.. They may act on behalf or in support of one or several trainees in the case of an infringement of any right or obligation arising from this Directive or from other Union law applicable to workers, with that trainee’s or those trainees’ approval. |
Or. es
Amendment 596
Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi
Proposal for a directive
Article 8 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that representatives of workers may engage in any relevant judicial or administrative procedure to enforce the rights and obligations arising from this Directive or from other Union law applicable to workers. They may act on behalf or in support of one or several trainees in the case of an infringement of any right or obligation arising from this Directive or from other Union law applicable to workers, with that trainee’s or those trainees’ approval. | Member States shall ensure that representatives of workers and trade unions may engage in any relevant judicial or administrative procedure to enforce the rights and obligations arising from this Directive or from other Union law applicable to workers. They may act on behalf or in support of one or several trainees in the case of an infringement of any right or obligation arising from this Directive or from other Union law applicable to workers, with that trainee’s or those trainees’ approval. |
Or. en
Amendment 597
Andrea Wechsler
Proposal for a directive
Article 8 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that representatives of workers may engage in any relevant judicial or administrative procedure to enforce the rights and obligations arising from this Directive or from other Union law applicable to workers. They may act on behalf or in support of one or several trainees in the case of an infringement of any right or obligation arising from this Directive or from other Union law applicable to workers, with that trainee’s or those trainees’ approval. | Member States may ensure that representatives of workers or other relevant bodies may engage in any relevant judicial or administrative procedure to enforce the rights and obligations arising from this Directive or from other Union law applicable to workers. They may act on behalf or in support of one or several trainees in the case of an infringement of any right or obligation arising from this Directive or from other Union law applicable to workers, with that trainee’s or those trainees’ approval. |
Or. en
Amendment 598
Benedetta Scuderi
on behalf of the Greens/EFA Group
Proposal for a directive
Article 8 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that representatives of workers may engage in any relevant judicial or administrative procedure to enforce the rights and obligations arising from this Directive or from other Union law applicable to workers. They may act on behalf or in support of one or several trainees in the case of an infringement of any right or obligation arising from this Directive or from other Union law applicable to workers, with that trainee’s or those trainees’ approval. | Member States shall ensure that workers' representatives may engage in any relevant judicial or administrative procedure to enforce the rights and obligations arising from this Directive or from other Union law applicable to workers. They may act on behalf or in support of one or several trainees in the case of an infringement of any right or obligation arising from this Directive or from other Union law applicable to workers, with that trainee’s or those trainees’ approval. |
Or. en
Amendment 599
Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg
Proposal for a directive
Article 8 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that representatives of workers may engage in any relevant judicial or administrative procedure to enforce the rights and obligations arising from this Directive or from other Union law applicable to workers. They may act on behalf or in support of one or several trainees in the case of an infringement of any right or obligation arising from this Directive or from other Union law applicable to workers, with that trainee’s or those trainees’ approval. | Member States shall ensure that workers’ representatives may engage in any relevant judicial or administrative procedure to enforce the rights and obligations arising from this Directive or from other Union law applicable to workers. They may act on behalf or in support of one or several trainees in the case of an infringement of any right or obligation arising from this Directive or from other Union law applicable to workers, with that trainee’s or those trainees’ approval. |
Or. en
Amendment 600
Irena Joveva, Martin Hojsík, Jana Toom
Proposal for a directive
Article 9 – title
| Text proposed by the Commission | Amendment |
|---|---|
| Protection against adverse treatment and consequences | Protection against adverse treatment and consequences and burden of proof |
Or. en
Amendment 601
Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg
Proposal for a directive
Article 9 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Member States shall introduce the necessary measures to protect trainees and their representatives from any adverse treatment by the employer 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 in other Union law applicable to workers. | 1. Member States shall introduce the necessary measures to protect trainees and their representatives from any adverse treatment by the traineeship provider and from any adverse consequences resulting from a complaint lodged with the traineeship provider or resulting from any proceedings initiated with the aim of enforcing compliance with the rights provided for in this Directive or in other Union law applicable to workers. |
Or. en
Amendment 602
Benedetta Scuderi
on behalf of the Greens/EFA Group
Proposal for a directive
Article 9 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Member States shall introduce the necessary measures to protect trainees and their representatives from any adverse treatment by the employer 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 in other Union law applicable to workers. | 1. Member States shall introduce the necessary measures to protect trainees and their representatives from any adverse treatment by the traineeship provider and from any adverse consequences resulting from a complaint lodged with the traineeship provider or resulting from any proceedings initiated with the aim of enforcing compliance with the rights provided for in this Directive or in other Union law applicable to workers. |
Or. en
Amendment 603
Angelika Winzig
Proposal for a directive
Article 9 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Member States shall introduce the necessary measures to protect trainees and their representatives from any adverse treatment by the employer 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 in other Union law applicable to workers. | 1. Member States shall introduce the necessary measures to protect trainees and their representatives from any adverse treatment by the employer 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 in other Union law relevant to trainees. |
Or. en
Amendment 604
Andrea Wechsler
Proposal for a directive
Article 9 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Member States shall introduce the necessary measures to protect trainees and their representatives from any adverse treatment by the employer 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 in other Union law applicable to workers. | 1. Member States shall introduce the necessary measures to protect open-market trainees from any adverse treatment by the employer 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 in other Union law relevant to open-market trainees. |
Or. en
Amendment 605
Andrea Wechsler
Proposal for a directive
Article 9 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. In particular, Member States shall take the necessary measures to prohibit the dismissal or its equivalent, and all preparations for dismissal or its equivalent, of trainees on the grounds that they have exercised the rights provided for in this Directive or in other Union law applicable to workers. | deleted |
Or. en
Amendment 606
Arba Kokalari
Proposal for a directive
Article 9 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. In particular, Member States shall take the necessary measures to prohibit the dismissal or its equivalent, and all preparations for dismissal or its equivalent, of trainees on the grounds that they have exercised the rights provided for in this Directive or in other Union law applicable to workers. | 2. In particular, Member States shall take the necessary measures to prohibit the termination of a traineeship and all preparations for such termination on the grounds that they have exercised the rights provided for in this Directive or in other Union law relevant to trainees. |
Or. en
Amendment 607
Chiara Gemma, Georgiana Teodorescu, Francesco Torselli, Mariateresa Vivaldini, Elena Donazzan
Proposal for a directive
Article 9 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. In particular, Member States shall take the necessary measures to prohibit the dismissal or its equivalent, and all preparations for dismissal or its equivalent, of trainees on the grounds that they have exercised the rights provided for in this Directive or in other Union law applicable to workers. | 2. In particular, Member States shall take the necessary measures to prohibit the termination of a traineeship and all preparations for such termination on the grounds that they have exercised the rights provided for in this Directive or in other Union law relevant to trainees. |
Or. en
Justification
Work concepts cannot be applied to traineeships, which are not employment relationships. The replacement of “dismissal” by “cessation of a traineeship” avoids legal ambiguity.
Amendment 608
Angelika Winzig
Proposal for a directive
Article 9 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. In particular, Member States shall take the necessary measures to prohibit the dismissal or its equivalent, and all preparations for dismissal or its equivalent, of trainees on the grounds that they have exercised the rights provided for in this Directive or in other Union law applicable to workers. | 2. In particular, Member States shall take the necessary measures to prohibit the termination of a traineeship, and all preparations for such termination or its equivalent, of trainees on the grounds that they have exercised the rights provided for in this Directive or in other Union law relevant to trainees. |
Or. en
Amendment 609
Raúl de la Hoz Quintano, Rosa Estaràs Ferragut, Maravillas Abadía Jover
Proposal for a directive
Article 9 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. In particular, Member States shall take the necessary measures to prohibit the dismissal or its equivalent, and all preparations for dismissal or its equivalent, of trainees on the grounds that they have exercised the rights provided for in this Directive or in other Union law applicable to workers. | 2. In particular, Member States shall take the necessary measures to prohibit the dismissal or its equivalent of trainees on the grounds that they have exercised the rights provided for in this Directive or in other Union law applicable to workers. |
Or. es
Amendment 610
Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi
Proposal for a directive
Article 9 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. In particular, Member States shall take the necessary measures to prohibit the dismissal or its equivalent, and all preparations for dismissal or its equivalent, of trainees on the grounds that they have exercised the rights provided for in this Directive or in other Union law applicable to workers. | 2. In particular, Member States shall take the necessary measures to prohibit the dismissal or its equivalent, such as the withholding of an offer of future employment at the traineeship provider, and all preparations for dismissal or its equivalent, of trainees on the grounds that they have exercised the rights provided for in this Directive or in other Union law. |
Or. en
Amendment 611
Benedetta Scuderi
on behalf of the Greens/EFA Group
Proposal for a directive
Article 9 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. In particular, Member States shall take the necessary measures to prohibit the dismissal or its equivalent, and all preparations for dismissal or its equivalent, of trainees on the grounds that they have exercised the rights provided for in this Directive or in other Union law applicable to workers. | 2. In particular, Member States shall take the necessary measures to prohibit the dismissal or its equivalent, such as the withholding of a recruitment offer, and all preparations for dismissal or its equivalent, of trainees on the grounds that they have exercised the rights provided for in this Directive or in other Union law applicable to workers. |
Or. en
Amendment 612
Jagna Marczułajtis-Walczak
Proposal for a directive
Article 9 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 2a. Member States and employers shall make available adequate training for staff with supervisory functions in organisations where traineeships are in effect. |
Or. en
Amendment 613
Andrea Wechsler
Proposal for a directive
Article 9 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Trainees who consider that they have been dismissed, or have been subject to measures with equivalent effect, on the grounds that they have exercised the rights provided for in this Directive, or in other Union law applicable to workers, may request the employer to provide duly substantiated grounds for the dismissal or the equivalent measures. The employer shall provide those grounds in writing. | deleted |
Or. en
Amendment 614
Chiara Gemma, Georgiana Teodorescu, Francesco Torselli, Mariateresa Vivaldini, Elena Donazzan
Proposal for a directive
Article 9 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Trainees who consider that they have been dismissed, or have been subject to measures with equivalent effect, on the grounds that they have exercised the rights provided for in this Directive, or in other Union law applicable to workers, may request the employer to provide duly substantiated grounds for the dismissal or the equivalent measures. The employer shall provide those grounds in writing. | deleted |
Or. en
Justification
The obligation for employers to provide a written justification for the termination of a traineeship represents an excessive burden, especially for micro and SMEs.
Amendment 615
Angelika Winzig
Proposal for a directive
Article 9 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Trainees who consider that they have been dismissed, or have been subject to measures with equivalent effect, on the grounds that they have exercised the rights provided for in this Directive, or in other Union law applicable to workers, may request the employer to provide duly substantiated grounds for the dismissal or the equivalent measures. The employer shall provide those grounds in writing. | 3. Trainees who consider that their traineeship has been terminated, or has been subject to measures with equivalent effect, on the grounds that they have exercised the rights provided for in this Directive, or in other Union law relevant to trainees, may request the employer to provide duly substantiated grounds for the termination or the equivalent measures. The employer shall provide those grounds in writing. |
Or. en
Amendment 616
Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg
Proposal for a directive
Article 9 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Trainees who consider that they have been dismissed, or have been subject to measures with equivalent effect, on the grounds that they have exercised the rights provided for in this Directive, or in other Union law applicable to workers, may request the employer to provide duly substantiated grounds for the dismissal or the equivalent measures. The employer shall provide those grounds in writing. | 3. Trainees who consider that they have been dismissed, or have been subject to measures with equivalent effect, on the grounds that they have exercised the rights provided for in this Directive, or in other Union law applicable to workers, may request the traineeship provider to provide duly substantiated grounds for the dismissal or the equivalent measures. The traineeship provider shall provide those grounds in writing. |
Or. en
Amendment 617
Chiara Gemma, Georgiana Teodorescu, Francesco Torselli, Mariateresa Vivaldini, Elena Donazzan
Proposal for a directive
Article 9 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Member States shall take the necessary measures to ensure that, when trainees referred to in paragraph 3 establish, before a court or other competent authority or body, facts from which it may be presumed that there has been such a dismissal or equivalent measures, it shall be for the employer to prove that the dismissal or equivalent measures were based on grounds other than those referred to in paragraph 2. | deleted |
Or. en
Justification
Uncertainty about the reversal of the burden of proof, which could conflict with national procedural law, is eliminated.
Amendment 618
Andrea Wechsler
Proposal for a directive
Article 9 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Member States shall take the necessary measures to ensure that, when trainees referred to in paragraph 3 establish, before a court or other competent authority or body, facts from which it may be presumed that there has been such a dismissal or equivalent measures, it shall be for the employer to prove that the dismissal or equivalent measures were based on grounds other than those referred to in paragraph 2. | deleted |
Or. en
Amendment 619
Angelika Winzig
Proposal for a directive
Article 9 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Member States shall take the necessary measures to ensure that, when trainees referred to in paragraph 3 establish, before a court or other competent authority or body, facts from which it may be presumed that there has been such a dismissal or equivalent measures, it shall be for the employer to prove that the dismissal or equivalent measures were based on grounds other than those referred to in paragraph 2. | 4. Member States shall ensure that, in proceedings concerning the termination of a traineeship or equivalent measures allegedly linked to the exercise of rights under this Directive, the competent authority or body assesses all relevant circumstances of the case in an objective manner. Member States shall ensure that trainees have effective access to procedures capable of establishing whether such a link exists, without disproportionately burdening either party. |
Or. en
Justification
This formulation avoids a rigid reversal of the burden of proof, thereby preventing excessive legal and administrative burdens for employers. At the same time, it ensures that trainees have access to procedures that enable a fair examination of possible retaliatory terminations, in line with the principle of proportionality and national procedural autonomy.
Amendment 620
Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi
Proposal for a directive
Article 9 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Member States shall take the necessary measures to ensure that, when trainees referred to in paragraph 3 establish, before a court or other competent authority or body, facts from which it may be presumed that there has been such a dismissal or equivalent measures, it shall be for the employer to prove that the dismissal or equivalent measures were based on grounds other than those referred to in paragraph 2. | 4. Member States shall take the necessary measures to ensure that, when trainees referred to in paragraph 3 establish, before a court or other competent authority or body, facts from which it may be presumed that there have been reprisals as a result of trainees’ exercising their rights as provided for in this directive or other provisions of EU law applicable to trainees, and in particular an interruption of the traineeship, dismissal or equivalent measures. It shall be for the employer to prove that the dismissal or equivalent measures were based on grounds other than those referred to in paragraph 2. |
Or. en
Amendment 621
Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg
Proposal for a directive
Article 9 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Member States shall take the necessary measures to ensure that, when trainees referred to in paragraph 3 establish, before a court or other competent authority or body, facts from which it may be presumed that there has been such a dismissal or equivalent measures, it shall be for the employer to prove that the dismissal or equivalent measures were based on grounds other than those referred to in paragraph 2. | 4. Member States shall take the necessary measures to ensure that, when trainees referred to in paragraph 3 establish, before a court or other competent authority or body, facts from which it may be presumed that there has been such a dismissal or equivalent measures, it shall be for the traineeship provider to prove that the dismissal or equivalent measures were based on grounds other than those referred to in paragraph 2. |
Or. en
Amendment 622
Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg
Proposal for a directive
Article 9 – paragraph 4 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 4a. Paragraph 4 shall not prevent Member States from introducing rules of evidence which are more favourable to trainees. |
Or. en
Amendment 623
Chiara Gemma, Georgiana Teodorescu, Francesco Torselli, Mariateresa Vivaldini, Elena Donazzan
Proposal for a directive
Article 9 – paragraph 5
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Member States shall not be required to apply paragraph 4 to proceedings in which it is for the court or other competent authority or body to investigate the facts of the case. | deleted |
Or. en
Justification
Uncertainty about the reversal of the burden of proof, which could conflict with national procedural law, is eliminated.
Amendment 624
Andrea Wechsler
Proposal for a directive
Article 9 – paragraph 5
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Member States shall not be required to apply paragraph 4 to proceedings in which it is for the court or other competent authority or body to investigate the facts of the case. | deleted |
Or. en
Amendment 625
Chiara Gemma, Georgiana Teodorescu, Francesco Torselli, Mariateresa Vivaldini, Elena Donazzan
Proposal for a directive
Article 9 – paragraph 6
| Text proposed by the Commission | Amendment |
|---|---|
| 6. Paragraph 4 shall not apply to criminal proceedings, unless otherwise provided by the Member State. | deleted |
Or. en
Justification
Uncertainty about the reversal of the burden of proof, which could conflict with national procedural law, is eliminated.
Amendment 626
Andrea Wechsler
Proposal for a directive
Article 9 – paragraph 6
| Text proposed by the Commission | Amendment |
|---|---|
| 6. Paragraph 4 shall not apply to criminal proceedings, unless otherwise provided by the Member State. | deleted |
Or. en
Amendment 627
Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi
Proposal for a directive
Article 9 – paragraph 6 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 6a. The Member States shall take the necessary measures to ensure that during a traineeship, the trainee can urgently refer the matter to the competent authority and/or the labour inspectorate in the event of a breach of their fundamental rights, particularly those to health and safety and the prevention of psychological or sexual violence, with a view to solving the matter swiftly, or failing that, to putting an end to the traineeship without prejudice to the trainee or the proper functioning of their training programme. The Member States shall ensure that, in such situations, the trainee cannot be subject to retaliatory measures, including the interruption of the traineeship. They shall ensure that, if the traineeship is terminated, the trainee can finalise the training they were pursuing and that this has no repercussions on their training path. |
Or. en
Amendment 628
Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi
Proposal for a directive
Article 9 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Article9a | |
| Trainee’s right to health and safety | |
| 1. Member States shall ensure that any host organisation receiving a trainee vouches for and takes responsibility for the trainee’s health and safety during traineeships. Member States shall ensure that trainees receive: | |
| - health and safety guarantees and protection at least equivalent to those enjoyed by all of the organisation’s staff and civil servants; | |
| - additional guarantees, necessary because of their limited knowledge and experience of the professional world and the fragility of their status, particularly with regard to training in how to use tools and equipment, and the prevention of sexual and psychological harassment. | |
| 2. Member States shall take the necessary measures to ensure that trainees who find themselves in a situation which they have reasonable grounds to believe presents a serious and imminent danger, or an attack on their morality, rights or dignity, may immediately withdraw from that situation, until the situation has ended or they have been duly informed that there is no longer any danger or that the reasonably suspected harm has been remedied. The exercise of this right shall have no effect on the continuation of the traineeship, unless otherwise specified by the trainee. Nor shall it have any effect on the assessment or remuneration of the trainee. |
Or. en
Amendment 629
Andrea Wechsler
Proposal for a directive
Article 10
| Text proposed by the Commission | Amendment |
|---|---|
| Article 10 | 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. The penalties provided for shall be effective, proportionate and dissuasive. |
Or. en
Amendment 630
Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg
Proposal for a directive
Article 10 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 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. The penalties provided for shall be effective, proportionate and dissuasive. | 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. The penalties provided for shall be effective, proportionate and dissuasive and may comprise the payment of adequate compensation. |
Or. en
Amendment 631
Chiara Gemma, Georgiana Teodorescu, Francesco Torselli, Mariateresa Vivaldini, Elena Donazzan
Proposal for a directive
Article 10 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 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. The penalties provided for shall be effective, proportionate and dissuasive. | 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. The penalties provided for shall be effective and proportionate. |
Or. en
Amendment 632
Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg
Proposal for a directive
Article 10 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Article10a | |
| Collection of data, monitoring and evaluation | |
| 1. Member States shall take the appropriate measures to ensure that effective data collection tools are in place to monitor the quality of traineeships. The Commission shall adopt implementing acts to ensure the uniformity and comparability of data collection. | |
| 2. Member States shall ensure that the data collection of traineeships at national level is carried out in line with the implementing acts referred to in paragraph 1. They shall submit the data collected to the Commission every second year disaggregated by gender, age, disability, company size and sector as far as available. | |
| 3. The Commission shall analyse the data and information transmitted by the Member States in paragraph 2 of this Article. It shall report in this regard every third year to the European Parliament and to the Council and shall simultaneously publish the data and information transmitted by Member States. |
Or. en
Amendment 633
Chiara Gemma, Georgiana Teodorescu, Francesco Torselli, Mariateresa Vivaldini, Elena Donazzan
Proposal for a directive
Article 11 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. No provision in this Directive shall be construed as lowering the protection of workers afforded by other instruments of Union law, national law, collective agreements or practice. | 1. No provision in this Directive shall be construed as lowering the protection of workers afforded by other instruments of Union law, national law, collective agreements or practice, nor as imposing disproportionate administrative requirements on businesses, particularly micro, small and medium- sized enterprises. |
Or. en
Amendment 634
Benedetta Scuderi
on behalf of the Greens/EFA Group
Proposal for a directive
Article 11 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. No provision in this Directive shall be construed as lowering the protection of workers afforded by other instruments of Union law, national law, collective agreements or practice. | 1. No provision in this Directive shall be construed as lowering the protection of workers, including trainees, afforded by other instruments of Union law, national law, collective agreements or practice. |
Or. en
Amendment 635
Angelika Winzig
Proposal for a directive
Article 11 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. No provision in this Directive shall be construed as lowering the protection of workers afforded by other instruments of Union law, national law, collective agreements or practice. | 1. No provision in this Directive shall be construed as lowering the protection of trainees afforded by other instruments of Union law, national law, collective agreements or practice. |
Or. en
Amendment 636
Mélanie Disdier, Rachel Blom, Pál Szekeres, Marie Dauchy, Séverine Werbrouck
Proposal for a directive
Article 11 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. This Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers, including trainees, within Member States. | 2. This Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers or to trainees, within Member States. |
Or. fr
Amendment 637
Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg
Proposal for a directive
Article 11 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. This Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers, including trainees, within Member States. | 2. This Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers, within Member States. |
Or. en
Amendment 638
Angelika Winzig
Proposal for a directive
Article 11 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. This Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers, including trainees, within Member States. | 2. This Directive shall not constitute valid grounds for reducing the general level of protection already afforded to trainees within Member States. |
Or. en
Amendment 639
Arba Kokalari
Proposal for a directive
Article 11 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. This Directive shall not affect Member States’ prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to workers or to encourage or permit the application of collective agreements which are more favourable to workers. | 3. This Directive shall not affect Member States’ prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to workers or to encourage or permit the application of collective agreements which are more favourable to workers. At the same time, nothing in this Directive shall be construed as imposing an obligation on Member States to introduce a specific employment relationship for trainees in their national law. |
Or. en
Amendment 640
Angelika Winzig
Proposal for a directive
Article 11 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. This Directive shall not affect Member States’ prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to workers or to encourage or permit the application of collective agreements which are more favourable to workers. | 3. This Directive shall not affect Member States’ prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to trainees or to encourage or permit the application of collective agreements which are more favourable to trainees. |
Or. en
Amendment 641
Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi
Proposal for a directive
Article 11 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 3a. Member States may, provided that the national social partners jointly agree, give the social partners, at the appropriate level and subject to the conditions laid down by the Member States, the option of upholding or concluding collective agreements to implement and complement the protections laid down in this Directive. |
Or. en
Amendment 642
Benedetta Scuderi
on behalf of the Greens/EFA Group
Proposal for a directive
Article 11 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 3a. Member States may, provided that the national social partners jointly agree, give the social partners, at the appropriate level and subject to the conditions laid down by the Member States, the option of upholding or concluding collective agreements to implement and complement the protections laid down in this Directive |
Or. en
Amendment 643
Jagna Marczułajtis-Walczak
Proposal for a directive
Article 11 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 3 a. 4. The Directive shall not extend the scope traineeships are defined and used in the national law, collective agreements or practice. |
Or. en
Amendment 644
Johan Danielsson
Proposal for a directive
Article 11 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Article 11a | |
| Collective agreements | |
| Member States may, on the condition that the social partners on the national level jointly agree, give the social partners, at the appropriate level and subject to the conditions laid down by Member States, the option of upholding or concluding collective agreements which adapt, complement and/or differ from the rules included in this Directive, provided that the general level of protection of trainees is ensured and that the principle of non-discrimination in accordance with Article 3 is respected. |
Or. en
Amendment 645
Branislav Ondruš
Proposal for a directive
Article 12 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Member States shall take the necessary measures to comply with this Directive by [2 years after entry into force]. They shall immediately inform the Commission thereof. | 1. Member States shall take the necessary measures to comply with this Directive by [18 months after entry into force]. They shall immediately inform the Commission thereof. |
Or. en
Amendment 646
Arba Kokalari
Proposal for a directive
Article 12 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Member States shall communicate to the Commission the text of the measures of national law which they adopt in the field covered by this Directive. | 3. Member States shall communicate to the Commission the text of the main measures of national law which they adopt in the field covered by this Directive. |
Or. en
Amendment 647
Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg
Proposal for a directive
Article 12 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Member States shall, in accordance with their national law and practice, take adequate measures to ensure the effective involvement of the social partners and to promote and enhance social dialogue with a view to implementing this Directive. | 4. Member States shall, in accordance with their national law and practice, take adequate measures to ensure the effective involvement of the social partners and to promote and enhance social dialogue with a view to implementing this Directive. The communication referred to in paragraph 2 shall include a description of the involvement of the social partners in the implementation of this Directive. |
Or. en
Amendment 648
Benedetta Scuderi
on behalf of the Greens/EFA Group
Proposal for a directive
Article 12 – paragraph 5 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 5a. Member states shall promote the active involvement of stakeholders, in particular social partners, student unions, youth organisations and lifelong career guidance services in collecting, implementing and monitoring the quality of traineeships provided at national level |
Or. en
Amendment 649
Benedetta Scuderi
on behalf of the Greens/EFA Group
Proposal for a directive
Article 12 – paragraph 5 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 5b. Financial Support | |
| Member States shall promote the use of national and/or Union funds, such as from the European Social Fund Plus, the European Regional Development Fund and other funds to offer financial and administrative support to the following traineeship providers: | |
| - non-governmental organisations, especially non-profit organisations; | |
| - micro and small enterprises; |
Or. en
Amendment 650
Angelika Winzig
Proposal for a directive
Article 13 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. By [5 years after the date of transposition], Member States shall communicate to the Commission all information concerning the implementation of this Directive that is necessary for the Commission to draw up a report. That information shall include data on traineeships for the purposes of allowing the proper monitoring and assessment of the implementation of this Directive. | 1. By [five years after the date of transposition], Member States shall communicate to the Commission the information necessary for the preparation of a report on the implementation of this Directive. This information shall include, where available, aggregated data on traineeships that allow for the monitoring and assessment of the Directive’s application. In collecting such data, Member States shall ensure that the administrative burden for undertakings, in particular small and medium-sized enterprises, remains proportionate and limited to what is strictly necessary. |
Or. en
Justification
This amendment ensures that the Commission receives the necessary information to evaluate the implementation of the Directive, while preventing excessive reporting obligations for businesses. It respects the principles of proportionality and better regulation, particularly in the interest of SMEs.
Amendment 651
Pierfrancesco Maran, Raffaele Topo, Brando Benifei, Cecilia Strada
Proposal for a directive
Article 13 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. By [5 years after the date of transposition], Member States shall communicate to the Commission all information concerning the implementation of this Directive that is necessary for the Commission to draw up a report. That information shall include data on traineeships for the purposes of allowing the proper monitoring and assessment of the implementation of this Directive. | 1. By [3 years after the date of transposition], Member States shall collect relevant data and communicate to the Commission all information concerning the implementation of this Directive that is necessary for the Commission to draw up a report. That information shall include data on traineeships for the purposes of allowing the proper monitoring and assessment of the implementation of this Directive. This data shall include, as a minimum for each calendar year: |
| - the number of traineeships provided by traineeship providers; | |
| - the extent to which the quality criteria indicated in this Directive have been applied in traineeship contracts; | |
| - the number of controls and inspections carried out by competent authorities; | |
| - the number of reported cases of abusive practices. |
Or. en
Amendment 652
Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg
Proposal for a directive
Article 13 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. By [5 years after the date of transposition], Member States shall communicate to the Commission all information concerning the implementation of this Directive that is necessary for the Commission to draw up a report. That information shall include data on traineeships for the purposes of allowing the proper monitoring and assessment of the implementation of this Directive. | 1. By [5 years after the date of transposition], Member States shall communicate to the Commission all information concerning the implementation of this Directive that is necessary for the Commission to review its implementation and draw up a report. That information shall include data on traineeships for the purposes of allowing the proper monitoring and assessment of the implementation of this Directive. |
Or. en
Amendment 653
Branislav Ondruš
Proposal for a directive
Article 13 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. By [5 years after the date of transposition], Member States shall communicate to the Commission all information concerning the implementation of this Directive that is necessary for the Commission to draw up a report. That information shall include data on traineeships for the purposes of allowing the proper monitoring and assessment of the implementation of this Directive. | 1. By [3 years after the date of transposition], Member States shall communicate to the Commission all information concerning the implementation of this Directive that is necessary for the Commission to draw up a report. That information shall include data on traineeships for the purposes of allowing the proper monitoring and assessment of the implementation of this Directive. |
Or. en
Amendment 654
Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg
Proposal for a directive
Article 13 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The Commission shall submit the report referred to in paragraph 1 to the European Parliament and to the Council. The report shall, if appropriate, be accompanied by a legislative proposal. | 2. The Commission shall, after consulting the Member States, the social partners at Union level and key stakeholders, and taking into account the impact on SMEs, including microenterprises, submit the report referred to in paragraph 1 to the European Parliament and to the Council. The report shall, if appropriate, be accompanied by a proposal for legislative amendments. In its review, the Commission shall pay particular attention to the impact of the directive on facilitating transitions from traineeships to regular employment relationships as well as the design and impact of national measures under Chapter III in the overall implementation of this Directive. |
Or. en