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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-772007 · (COM(2024)0132 – C100004/2024 – 2024/0068(COD))

Committee on Employment and Social Affairs

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Text 1,543 paragraphs

Amendment 95

Chiara Gemma, Georgiana Teodorescu, Francesco Torselli, Mariateresa Vivaldini, Elena Donazzan

Draft legislative resolution

Citation 9 a (new)

Draft legislative resolutionAmendment
– having regard to the European Strategy for the Rights of Persons with Disabilities 2021-2030;

Or. en

Amendment 96

Chiara Gemma, Georgiana Teodorescu, Francesco Torselli, Mariateresa Vivaldini, Elena Donazzan

Draft legislative resolution

Citation 9 b (new)

Draft legislative resolutionAmendment
– having regard to the UN Convention on the Rights of Persons with Disabilities;

Or. en

Read the rest (1,531 paragraphs)

Amendment 97

Mélanie Disdier, Rachel Blom, Pál Szekeres, Marie Dauchy, Séverine Werbrouck

Proposal for a directive

Title 1

Text proposed by the CommissionAmendment
Proposal for aRejects the Commission proposal.
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
on improving and enforcing working conditions of trainees and combating regular employment relationships disguised as traineeships (‘Traineeships Directive’)
(Text with EEA relevance)

Or. fr

Justification

As the directive mostly deals with the situation of trainees, it lacks a legal basis. This is a Member State competence.

Amendment 98

Arba Kokalari, Henrik Dahl

Proposal for a directive

Title 1

Text proposed by the CommissionAmendment
Proposal for aProposal for a
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
on improving and enforcing working conditions of trainees and combating regular employment relationships disguised as traineeships (‘Traineeships Directive’)on improving and enforcing working conditions of open-market trainees and combating abusive practices arising from the use of open-market traineeships (‘Traineeships Directive’)
(Text with EEA relevance)(Text with EEA relevance)

Or. en

Amendment 99

Isabelle Le Callennec

Proposal for a directive

Title 1

Text proposed by the CommissionAmendment
Proposal for aProposal for a
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
on improving and enforcing working conditions of trainees and combating regular employment relationships disguised as traineeships (‘Traineeships Directive’)on improving working conditions of open labour market trainees (‘Traineeships Directive’)
(Text with EEA relevance)(Text with EEA relevance)

Or. fr

Amendment 100

Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg

Proposal for a directive

Title 1

Text proposed by the CommissionAmendment
Proposal for aProposal for a
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
on improving and enforcing working conditions of trainees and combating regular employment relationships disguised as traineeships (‘Traineeships Directive’)on improving working conditions of trainees, the quality and accessibility of traineeships and combating regular employment relationships disguised as traineeships (‘Traineeships Directive’)
(Text with EEA relevance)(Text with EEA relevance)

Or. en

Amendment 101

Andrea Wechsler

Proposal for a directive

Title 1

Text proposed by the CommissionAmendment
Proposal for aProposal for a
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
on improving and enforcing working conditions of trainees and combating regular employment relationships disguised as traineeships (‘Traineeships Directive’)on combating regular employment relationships disguised as open-market traineeships (‘Traineeships Directive’)
(Text with EEA relevance)(Text with EEA relevance)

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 102

Mélanie Disdier, Rachel Blom, Pál Szekeres, Marie Dauchy, Séverine Werbrouck

Proposal for a directive

Citation 1

Text proposed by the CommissionAmendment
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 153 (2), point (b), in conjunction with Article 153 (1), point (b) thereof,Having regard to the Treaty on the Functioning of the European Union, and in particular Article 153 (2), point (b), in conjunction with Article 153 (1), point (b) and Article 165(4) thereof,

Or. fr

Justification

The legal regime for trainees is tightly linked to the education and vocational training policies referred to in Article 165 TFEU. Out of respect for the treaties and the principle of subsidiarity, account must be taken of this article when drawing up and implementing this text.

Amendment 103

Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg

Proposal for a directive

Recital -1 a (new)

Text proposed by the CommissionAmendment
(-1a) Articles 31 and 32 of the Charter of Fundamental Rights of the European Union enshrines the rights to fair and just working conditions for all workers and to protection of young people at work including against economic exploitation.

Or. en

Amendment 104

Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg

Proposal for a directive

Recital -1 b (new)

Text proposed by the CommissionAmendment
(-1b) The principles of the European Pillar of Social Rights set out, inter alia, the right to quality and inclusive education, training and life-long learning in order to maintain and acquire skills that enable full participation in society and successful management of transitions in the labour market, the right to equal treatment and opportunities regarding employment and social protection regardless of gender, racial or ethnic origin, religion or belief, disability, age or sexual orientation and fostering of equal opportunities of under-represented groups, active support to employment for young people including through traineeships, the right to fair and equal treatment regarding working conditions, access to social protection and training and the prevention of employment relationships that lead to precarious working conditions, including by abuse of atypical contracts, the right to fair wages that provide for a decent standard of living and the inclusion of people with disabilities.

Or. en

Amendment 105

Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg

Proposal for a directive

Recital 1

Text proposed by the CommissionAmendment
(1) In March 2014, the Council adopted the Recommendation for a Quality Framework on Traineeships (‘2014 Recommendation’) to provide Union-wide quality standards for traineeships. It recommends 21 principles for traineeships to improve the quality of traineeships, in particular to ensure high quality learning and training content and adequate working conditions to support education-to-work transitions and increase the employability of trainees. The 2014 Recommendation covers all traineeships except for those that are part of curricula of formal education and training and those regulated under national law and completion of which is a mandatory requirement to access a specific profession.(1) In March 2014, the Council adopted the Recommendation for a Quality Framework on Traineeships (‘2014 Recommendation’) to provide Union-wide quality standards for traineeships. It recommends 21 principles to improve the quality of traineeships, in particular to ensure high quality learning and training content and adequate working conditions to support education-to-work transitions and increase the employability of trainees. The 2014 Recommendation covers all traineeships except for those that are part of curricula of formal education and training and those regulated under national law and completion of which is a mandatory requirement to access a specific profession.

Or. en

Amendment 106

Chiara Gemma, Georgiana Teodorescu, Francesco Torselli, Mariateresa Vivaldini, Elena Donazzan

Proposal for a directive

Recital 1

Text proposed by the CommissionAmendment
(1) In March 2014, the Council adopted the Recommendation for a Quality Framework on Traineeships (‘2014 Recommendation’) to provide Union-wide quality standards for traineeships. It recommends 21 principles for traineeships to improve the quality of traineeships, in particular to ensure high quality learning and training content and adequate working conditions to support education-to-work transitions and increase the employability of trainees. The 2014 Recommendation covers all traineeships except for those that are part of curricula of formal education and training and those regulated under national law and completion of which is a mandatory requirement to access a specific profession.(1) In March 2014, the Council adopted the Recommendation for a Quality Framework on Traineeships (‘2014 Recommendation’) to provide Union-wide quality standards for traineeships. It recommends 21 principles for traineeships to improve the quality of traineeships, in particular to ensure high quality learning and training content aligned with educational and vocational objectives and adequate working conditions to support education-to-work transitions and increase the employability of trainees. The 2014 Recommendation covers all traineeships except for those that are part of curricula of formal education and training and those regulated under national law and completion of which is a mandatory requirement to access a specific profession.

Or. en

Amendment 107

Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi

Proposal for a directive

Recital 1 a (new)

Text proposed by the CommissionAmendment
(1a) Chapter I and II of the European Pillar of Social Rights (the ‘Pillar’), proclaimed at Gothenburg on 17 November 2017, establish a set of principles to serve as a guide towards equal opportunities, access to the labour market, and fair working conditions. Principle 3 of the Pillar underlines that, regardless of gender, racial or ethnic origin, religion or belief, disability, age or sexual orientation, everyone has the right to equal treatment and opportunities regarding, inter alia, employment and education. Principle 4(b) of the Pillar provides young people with the right to continued education, an apprenticeship, a traineeship or an offer of a good job within four months of becoming unemployed or leaving education. Principle 5 of the Pillar provides that, regardless of the type and duration of the employment relationship, workers have the right to fair and equal treatment regarding working conditions, access to social protection and training, and that employment relationships that lead to precarious working conditions are to be prevented. Principle 6 of the Pillar provides that workers have the right to fair wages that provide for a decent standard of living.

Or. en

Amendment 108

Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg

Proposal for a directive

Recital 2

Text proposed by the CommissionAmendment
(2) The Council Recommendation on a European Framework for Quality and Effective Apprenticeships3 contains 14 criteria for quality and effective apprenticeships aiming to ensure that apprenticeship schemes are responsive to labour market needs and provide benefits to both learners and employers. These include criteria for learning and working conditions and criteria for framework conditions.deleted
3 Council Recommendation of 15 March 2018 on a European Framework for Quality and Effective Apprenticeships (OJ C 153, 2.5.2018, p. 1).

Or. en

Amendment 109

Maravillas Abadía Jover, Raúl de la Hoz Quintano, Rosa Estaràs Ferragut

Proposal for a directive

Recital 3

Text proposed by the CommissionAmendment
(3) The reinforced Youth Guarantee4 aims at ensuring that young people under the age of 30 receive a good quality offer of employment, continued education, apprenticeship or traineeship within a period of four months of becoming unemployed or leaving education. The 2014 Recommendation is an important reference point to measure the quality of traineeships offers under the reinforced Youth Guarantee.(3) A comprehensive reassessment of the effectiveness of the Youth Guarantee4 in providing young people under 30 with meaningful and sustainable employment opportunities must be carried out. Emphasizes the need to evaluate whether the current framework genuinely improves long-term job prospects, skills development, and integration into the labour market, rather than offering short-term solutions that may not lead to stable employment and even long-term periods chaining traineeships over a long period of time in a young person's working history. Stresses the importance of reviewing the 2014 Recommendation to ensure that traineeships and apprenticeships under the Youth Guarantee provide real added value and are not misused as a substitute for quality jobs.
4 Council Recommendation of 30 October 2020 on A Bridge to Jobs – Reinforcing the Youth Guarantee and replacing the Council Recommendation of 22 April 2013 on establishing a Youth Guarantee 2020/C 372/01 (OJ C 372, 4.11.2020, p. 1).4 Council Recommendation of 30 October 2020 on A Bridge to Jobs – Reinforcing the Youth Guarantee and replacing the Council Recommendation of 22 April 2013 on establishing a Youth Guarantee 2020/C 372/01 (OJ C 372, 4.11.2020, p. 1).

Or. en

Amendment 110

Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg

Proposal for a directive

Recital 3 a (new)

Text proposed by the CommissionAmendment
(3a) Youth unemployment remains a persistent challenge in the EU, with the youth unemployment rate being more than twice as high as the overall unemployment rate. The European Pillar of Social Rights Action Plan1a sets a target of decreasing the rate of young people aged 15-29 who are NEETs from 12.6% (2019) to 9% by 2030 by improving their employment prospects;
1a COM(2021)102final.

Or. en

Amendment 111

Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg

Proposal for a directive

Recital 4

Text proposed by the CommissionAmendment
(4) Labour shortages exist in many occupations and at all skills levels. They are expected to increase with the projected decline in the working age population and increasing demand for several occupations relevant for the green and digital transition. The lower labour market participation of young people contributes to these shortages. Quality traineeships can be a useful up- and/or reskilling pathway for persons of any age to acquire practical skills on the job to enter the labour market or take their career in a new direction.(4) Labour and skills shortages exist in many occupations and at all skills levels. They are expected to increase with the projected decline in the working age population and increasing demand for numerous sectors and occupations relevant for the green and digital transition. As highlighted by the Draghi1a and Letta1b reports, lack of investment in skills will only exacerbate these shortages and impede European competitiveness. The lower labour market participation of young people contributes to these shortages. Quality traineeships on the open labour market can be a useful opportunity for people who have completed or bypassed formal education and training or who are entering the labour market to acquire practical skills on the job to enter the labour market.
1a The Future of EU Competitiveness, Mario Draghi, September 2024
1b Much More than A Market, Enrico Letta, April 2024

Or. en

Amendment 112

Benedetta Scuderi

on behalf of the Greens/EFA Group

Proposal for a directive

Recital 4

Text proposed by the CommissionAmendment
(4) Labour shortages exist in many occupations and at all skills levels. They are expected to increase with the projected decline in the working age population and increasing demand for several occupations relevant for the green and digital transition. The lower labour market participation of young people contributes to these shortages. Quality traineeships can be a useful up- and/or reskilling pathway for persons of any age to acquire practical skills on the job to enter the labour market or take their career in a new direction.(4) Labour shortages exist in many occupations and at all skills levels. They are expected to increase with the projected decline in the working age population and increasing demand for several occupations relevant for the green and digital transition. Quality traineeships are a useful up- and/or reskilling pathway for persons of any age to acquire practical skills on the job to enter the labour market or take their career in a new direction.

Or. en

Amendment 113

Henrik Dahl

Proposal for a directive

Recital 4

Text proposed by the CommissionAmendment
(4) Labour shortages exist in many occupations and at all skills levels. They are expected to increase with the projected decline in the working age population and increasing demand for several occupations relevant for the green and digital transition. The lower labour market participation of young people contributes to these shortages. Quality traineeships can be a useful up- and/or reskilling pathway for persons of any age to acquire practical skills on the job to enter the labour market or take their career in a new direction.(4) Labour shortages exist in many occupations and at all skills levels. They are expected to increase with the projected decline in the working age population and increasing demand for several occupations relevant for the green and digital transition. The lower labour market participation of young people contributes to these shortages. Quality traineeships can be a useful up- and/or reskilling pathway for persons of any age, which could unlock new career opportunities and help remedy labour shortages.

Or. en

Justification

Contrary to the draft report suggestion to delete this recital, it is necessary, that all organisations and institutions in the EU must recognise that EU faces labour and skills shortages, only to increase in the coming years, due to demographic changes. The recognition is well placed in the present directive proposal as traineeships are beneficial for the skills agenda to re- and upskill workers and also for active labour market policies to grant valuable experience in order to obtain full-time employment for persons outside the labour market. Shortage of labour and skills will affect all EU-agendas and -ambitions negatively, as it limits the EU’s ability to deliver on important targets. All of Europe should face the problems and work together to solve them.

Amendment 114

Arba Kokalari

Proposal for a directive

Recital 4

Text proposed by the CommissionAmendment
(4) Labour shortages exist in many occupations and at all skills levels. They are expected to increase with the projected decline in the working age population and increasing demand for several occupations relevant for the green and digital transition. The lower labour market participation of young people contributes to these shortages. Quality traineeships can be a useful up- and/or reskilling pathway for persons of any age to acquire practical skills on the job to enter the labour market or take their career in a new direction.(4) Labour shortages exist in many occupations and at all skills levels. They are expected to increase with the projected decline in the working age population and increasing demand for several occupations relevant for the green and digital transition. The lower labour market participation of young people contributes to these shortages. Traineeships can be a useful up- and/or reskilling pathway for young persons to acquire practical skills on the job to enter the labour market.

Or. en

Amendment 115

Angelika Winzig

Proposal for a directive

Recital 4

Text proposed by the CommissionAmendment
(4) Labour shortages exist in many occupations and at all skills levels. They are expected to increase with the projected decline in the working age population and increasing demand for several occupations relevant for the green and digital transition. The lower labour market participation of young people contributes to these shortages. Quality traineeships can be a useful up- and/or reskilling pathway for persons of any age to acquire practical skills on the job to enter the labour market or take their career in a new direction.(4) Labour shortages exist in many occupations and at all skills levels. They are expected to increase with the projected decline in the working age population and increasing demand for several occupations relevant for the twin transition. The lower labour market participation of young people contributes to these shortages. Quality traineeships can be a useful up- and/or reskilling pathway for persons of any age to acquire practical skills on the job to enter the labour market or take their career in a new direction.

Or. en

Amendment 116

Chiara Gemma, Georgiana Teodorescu, Francesco Torselli, Mariateresa Vivaldini, Elena Donazzan

Proposal for a directive

Recital 4

Text proposed by the CommissionAmendment
(4) Labour shortages exist in many occupations and at all skills levels. They are expected to increase with the projected decline in the working age population and increasing demand for several occupations relevant for the green and digital transition. The lower labour market participation of young people contributes to these shortages. Quality traineeships can be a useful up- and/or reskilling pathway for persons of any age to acquire practical skills on the job to enter the labour market or take their career in a new direction.(4) Labour shortages exist in many occupations and at all skills levels. 3 in 4 EU firms face difficulties finding employees with the right skills1a. Labour shortages are expected to increase with the projected decline in the working age population and increasing demand for several occupations relevant for the green and digital transition. The lower labour market participation of young people contributes to these shortages. Quality traineeships can be a useful up- and/or reskilling pathway for persons of any age to acquire practical skills on the job to enter the labour market or take their career in a new direction. .
1a https://www.cedefop.europa.eu/files/9173_en.pdf

Or. en

Amendment 117

Raúl de la Hoz Quintano, Rosa Estaràs Ferragut, Maravillas Abadía Jover

Proposal for a directive

Recital 4

Text proposed by the CommissionAmendment
(4) Labour shortages exist in many occupations and at all skills levels. They are expected to increase with the projected decline in the working age population and increasing demand for several occupations relevant for the green and digital transition. The lower labour market participation of young people contributes to these shortages. Quality traineeships can be a useful up- and/or reskilling pathway for persons of any age to acquire practical skills on the job to enter the labour market or take their career in a new direction.(4) Labour shortages exist in many occupations and at all skills levels. They are expected to increase with the projected decline in the working age population and increasing demand for several occupations relevant for the green and digital transition. The lower labour market participation of young people contributes to these shortages. Quality traineeships can be a useful up- and/or reskilling pathway for persons of any age to acquire practical skills on the job to enter the labour market, make them better able to adapt to changes and new professional demands or take their career in a new direction.

Or. es

Amendment 118

Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi

Proposal for a directive

Recital 4 a (new)

Text proposed by the CommissionAmendment
(4a) In 2022, the Conference on the Future of Europe put forward a proposal on ensuring that young people’s internships and jobs adhere to quality standards, including on pay and banning unpaid internships on the labour market and outside formal education.

Or. en

Amendment 119

Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi

Proposal for a directive

Recital 4 b (new)

Text proposed by the CommissionAmendment
(4b) The Strategy for the Rights of Persons with Disabilities 2021-2030 aims to ensure full participation of persons with disabilities in society, on an equal basis with others in the Union and beyond. Within that strategy, the Commission commits to ensuring that persons with disabilities can take part in training and in learning new skills as a fundamental requisite for employment and independence.

Or. en

Amendment 120

Maravillas Abadía Jover, Raúl de la Hoz Quintano, Rosa Estaràs Ferragut

Proposal for a directive

Recital 5

Text proposed by the CommissionAmendment
(5) Traineeships can help young people gain practical and professional experience, improve their employability, and facilitate their transition into stable employment. As such, traineeships constitute an important pathway to the labour market. For employers, traineeships provide opportunities to attract, train and retain young people. They can reduce the cost of searching for and recruiting skilled staff, when trainees are offered a regular position after their traineeship. However, this can only be achieved if traineeships are of good quality and offer decent working conditions.(5) Traineeships can help young people gain practical and professional experience, improve their employability, and facilitate their transition into stable employment.

Or. en

Amendment 121

Jagna Marczułajtis-Walczak

Proposal for a directive

Recital 5

Text proposed by the CommissionAmendment
(5) Traineeships can help young people gain practical and professional experience, improve their employability, and facilitate their transition into stable employment. As such, traineeships constitute an important pathway to the labour market. For employers, traineeships provide opportunities to attract, train and retain young people. They can reduce the cost of searching for and recruiting skilled staff, when trainees are offered a regular position after their traineeship. However, this can only be achieved if traineeships are of good quality and offer decent working conditions.(5) Traineeships can help young people gain practical and professional experience, improve their employability, and facilitate their transition into stable employment. As such, traineeships constitute an important pathway to the labour market.

Or. en

Amendment 122

Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi

Proposal for a directive

Recital 5

Text proposed by the CommissionAmendment
(5) Traineeships can help young people gain practical and professional experience, improve their employability, and facilitate their transition into stable employment. As such, traineeships constitute an important pathway to the labour market. For employers, traineeships provide opportunities to attract, train and retain young people. They can reduce the cost of searching for and recruiting skilled staff, when trainees are offered a regular position after their traineeship. However, this can only be achieved if traineeships are of good quality and offer decent working conditions.(5) Traineeships aim to help young people gain practical and professional experience, to facilitate their transition from education to stable employment and access to a profession. The purpose of a traineeship is to combine a short period of entry-level work with a significant training experience. As such, traineeships can constitute an important pathway to the labour market. However, this can only be achieved if traineeships are of good quality and offer decent working conditions, including fair remuneration.

Or. en

Amendment 123

Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg

Proposal for a directive

Recital 5

Text proposed by the CommissionAmendment
(5) Traineeships can help young people gain practical and professional experience, improve their employability, and facilitate their transition into stable employment. As such, traineeships constitute an important pathway to the labour market. For employers, traineeships provide opportunities to attract, train and retain young people. They can reduce the cost of searching for and recruiting skilled staff, when trainees are offered a regular position after their traineeship. However, this can only be achieved if traineeships are of good quality and offer decent working conditions.(5) Traineeships can help young people gain practical and professional experience, improve their employability, and facilitate their transition from education into regular employment via a limited period of entry level work with strong learning and training elements. As such, traineeships constitute an important pathway to the labour market. For traineeship providers, traineeships provide opportunities to attract, train and retain young people. They can reduce the cost of searching for and recruiting skilled staff, when trainees are offered a regular position after their traineeship. However, this can only be achieved if traineeships are of good quality and offer decent and transparent working conditions and a significant learning and training component.

Or. en

Amendment 124

Benedetta Scuderi

on behalf of the Greens/EFA Group

Proposal for a directive

Recital 5

Text proposed by the CommissionAmendment
(5) Traineeships can help young people gain practical and professional experience, improve their employability, and facilitate their transition into stable employment. As such, traineeships constitute an important pathway to the labour market. For employers, traineeships provide opportunities to attract, train and retain young people. They can reduce the cost of searching for and recruiting skilled staff, when trainees are offered a regular position after their traineeship. However, this can only be achieved if traineeships are of good quality and offer decent working conditions.(5) Traineeships can help young people gain practical and professional experience, improve their employability, and facilitate their transition from education into stable employment. The purpose of a traineeship is to combine a short period of entry-level work with a significant training experience. As such, traineeships constitute an important entry into the labour market. For employers, traineeships provide opportunities to attract, train and retain young people. They can reduce the cost of searching for and recruiting skilled staff, when trainees are offered a regular position after their traineeship. However, this can only be achieved if traineeships are of good quality and offer decent working conditions.

Or. en

Amendment 125

Chiara Gemma, Georgiana Teodorescu, Francesco Torselli, Mariateresa Vivaldini, Elena Donazzan

Proposal for a directive

Recital 5

Text proposed by the CommissionAmendment
(5) Traineeships can help young people gain practical and professional experience, improve their employability, and facilitate their transition into stable employment. As such, traineeships constitute an important pathway to the labour market. For employers, traineeships provide opportunities to attract, train and retain young people. They can reduce the cost of searching for and recruiting skilled staff, when trainees are offered a regular position after their traineeship. However, this can only be achieved if traineeships are of good quality and offer decent working conditions.(5) Traineeships can help young people gain practical and professional experience, improve their employability, and facilitate their transition into stable employment. As such, traineeships constitute an important pathway to the labour market. For employers, traineeships provide opportunities to attract, train and retain young people. They can reduce the cost of searching for and recruiting skilled staff, when trainees are offered a regular position after their traineeship. However, this can only be achieved if traineeships are of good quality and offer decent working conditions. Research confirms that the value of traineeships in facilitating the transition to employment depends on their quality in terms of learning content and working conditions1a.
1a The Impact Assessment accompanying the document Proposal for a Council Recommendation on a Quality Framework for Traineeships. SWD(2013)495 final. P. 15.

Or. en

Amendment 126

Raúl de la Hoz Quintano, Rosa Estaràs Ferragut, Maravillas Abadía Jover

Proposal for a directive

Recital 5

Text proposed by the CommissionAmendment
(5) Traineeships can help young people gain practical and professional experience, improve their employability, and facilitate their transition into stable employment. As such, traineeships constitute an important pathway to the labour market. For employers, traineeships provide opportunities to attract, train and retain young people. They can reduce the cost of searching for and recruiting skilled staff, when trainees are offered a regular position after their traineeship. However, this can only be achieved if traineeships are of good quality and offer decent working conditions.(5) Traineeships can help young people gain new skills and practical and professional experience, improve their employability, and facilitate their transition into stable employment. As such, traineeships constitute an important pathway to the labour market. For employers, traineeships provide opportunities to attract, train and retain young people and attract budding talents. They can reduce the cost of searching for and recruiting skilled staff, when trainees are offered a regular position after their traineeship. However, this can only be achieved if traineeships are of good quality and offer decent working conditions.

Or. es

Amendment 127

Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg

Proposal for a directive

Recital 5 a (new)

Text proposed by the CommissionAmendment
(5a) Member States’ legislative frameworks on traineeships differ substantially, with 16 of the 27 Member States lacking a legal definition of traineeships. While the Union has established a policy framework for traineeships since 2013, the 2014 Council Recommendation on a Quality Framework for Traineeships is non-binding and not all Member States have aligned their legal frameworks with this recommendation, despite acknowledging that high-quality traineeships could be effective in facilitating young people’s access to employment.

Or. en

Amendment 128

Maravillas Abadía Jover, Raúl de la Hoz Quintano, Rosa Estaràs Ferragut

Proposal for a directive

Recital 5 a (new)

Text proposed by the CommissionAmendment
(5a) For employers, traineeships provide opportunities to attract, train and retain young people. As they can reduce the cost of searching for and recruitment costs of skilled staff, when trainees are offered a regular position after their traineeship. However, this can only be achieved if traineeships are attractive, of good quality and offer decent working conditions.

Or. en

Amendment 129

Chiara Gemma, Georgiana Teodorescu, Francesco Torselli, Mariateresa Vivaldini, Elena Donazzan

Proposal for a directive

Recital 5 a (new)

Text proposed by the CommissionAmendment
(5a) Education and training policies are the responsibility and lay within the competences of the Member States, yet the EU plays an important role in supporting, coordinating and complementing Member States' actions in these areas;

Or. en

Amendment 130

Arba Kokalari

Proposal for a directive

Recital 5 a (new)

Text proposed by the CommissionAmendment
(5a) For employers, traineeships provide opportunities to attract, train and retain young people. They can reduce the cost of searching for and recruiting skilled staff, when trainees are offered stable employment after their traineeship.

Or. en

Amendment 131

Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg

Proposal for a directive

Recital 5 b (new)

Text proposed by the CommissionAmendment
(5b) The lack of official statistics on traineeships hampers the ability to assess their quality and effectiveness in facilitating translations to regular employment. However, the number of young people who have completed a traineeship has increased significantly over the past decade while around a third of labour-market trainees are currently unpaid according to Eurobarometer opinion surveys. The European Court of Auditors estimate around 3.7 million young people in the EU may undertake every year traineeships as their first professional experience and in a recent review the Court has found challenges related to the varying definition of traineeships and inconsistent application of the 2014 Council Recommendation on quality traineeships in the Member States as well as limited reliable data on traineeships hindering evidence-based policy making and potential variations in opportunities and accessibility for young people from different social backgrounds1a.
1a Review 01/2024: EU actions addressing traineeships for young people, European Court of Auditors

Or. en

Amendment 132

Andrea Wechsler

Proposal for a directive

Recital 6

Text proposed by the CommissionAmendment
(6) Challenges persist regarding the problematic use of traineeships, including when regular employee positions are disguised as traineeships, depriving those workers of their full rights under Union law, national law and collective agreements and risking to trap them in precarious working conditions. Employment relationships disguised as traineeships distort competition between companies by putting compliant employers at a disadvantage, lead to the circumvention of employers' fiscal and social security obligations and to a substitution of permanent posts. In other cases, employers of ‘genuine’ trainees may not comply with all requirements stemming from Union law, national law, collective agreements or practice, depriving them of their full rights.(6) Challenges persist regarding the problematic use of traineeships, including when regular employee positions are disguised as traineeships, depriving those workers of their full rights under Union law, national law and collective agreements. Employment relationships disguised as traineeships distort competition between companies by putting compliant employers at a disadvantage, lead to the circumvention of employers' fiscal and social security obligations and to a substitution of permanent posts. In other cases, employers of ‘genuine’ trainees may not comply with all requirements stemming from Union law, national law, collective agreements or practice, depriving them of their full rights.

Or. en

Amendment 133

Chiara Gemma, Georgiana Teodorescu, Francesco Torselli, Mariateresa Vivaldini, Elena Donazzan

Proposal for a directive

Recital 6

Text proposed by the CommissionAmendment
(6) Challenges persist regarding the problematic use of traineeships, including when regular employee positions are disguised as traineeships, depriving those workers of their full rights under Union law, national law and collective agreements and risking to trap them in precarious working conditions. Employment relationships disguised as traineeships distort competition between companies by putting compliant employers at a disadvantage, lead to the circumvention of employers' fiscal and social security obligations and to a substitution of permanent posts. In other cases, employers of ‘genuine’ trainees may not comply with all requirements stemming from Union law, national law, collective agreements or practice, depriving them of their full rights.(6) Challenges persist regarding the problematic use of traineeships, including when regular employee positions are disguised as traineeships, depriving those workers of their full rights under Union law, national law and collective agreements. Employment relationships disguised as traineeships distort competition between companies by putting compliant employers at a disadvantage, lead to the circumvention of employers' fiscal and social security obligations and to a substitution of permanent posts. In other cases, employers of ‘genuine’ trainees may not comply with all requirements stemming from Union law, national law, collective agreements or practice, depriving them of their full rights.

Or. en

Amendment 134

Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg

Proposal for a directive

Recital 6

Text proposed by the CommissionAmendment
(6) Challenges persist regarding the problematic use of traineeships, including when regular employee positions are disguised as traineeships, depriving those workers of their full rights under Union law, national law and collective agreements and risking to trap them in precarious working conditions. Employment relationships disguised as traineeships distort competition between companies by putting compliant employers at a disadvantage, lead to the circumvention of employers' fiscal and social security obligations and to a substitution of permanent posts. In other cases, employers of ‘genuine’ trainees may not comply with all requirements stemming from Union law, national law, collective agreements or practice, depriving them of their full rights.(6) Challenges persist regarding the problematic use of traineeships, including when traineeships are of poor quality with substandard working conditions, including no or low remuneration, indeterminate duration, repeated with the same traineeship provider or require previous work experience or where regular employee positions are disguised as traineeships, depriving those workers of regular employment relationships and their full rights under Union law, national law and collective agreements risking to trap them in precarious working conditions. Regular employment relationships disguised as traineeships distort competition between companies by putting compliant employers at a disadvantage, lead to the circumvention of employers' fiscal and social security obligations and to a substitution of permanent posts. In other cases, traineeship providers of ‘genuine’ trainees may not comply with all requirements stemming from Union law, national law, collective agreements or practice, depriving them of their full rights

Or. en

Amendment 135

Isabelle Le Callennec

Proposal for a directive

Recital 6

Text proposed by the CommissionAmendment
(6) Challenges persist regarding the problematic use of traineeships, including when regular employee positions are disguised as traineeships, depriving those workers of their full rights under Union law, national law and collective agreements and risking to trap them in precarious working conditions. Employment relationships disguised as traineeships distort competition between companies by putting compliant employers at a disadvantage, lead to the circumvention of employers' fiscal and social security obligations and to a substitution of permanent posts. In other cases, employers of ‘genuine’ trainees may not comply with all requirements stemming from Union law, national law, collective agreements or practice, depriving them of their full rights.(6) Challenges persist regarding the problematic use of open labour market traineeships, including when regular employee positions are disguised as traineeships, depriving those workers of their full rights under Union law, national law and collective agreements and risking to trap them in precarious working conditions. Employment relationships disguised as traineeships distort competition between companies by putting compliant employers at a disadvantage, lead to the circumvention of employers' fiscal and social security obligations and to a substitution of permanent posts. In other cases, employers of ‘genuine’ trainees may not comply with all requirements stemming from Union law, national law, collective agreements or practice, depriving them of their full rights.

Or. fr

Amendment 136

Andrea Wechsler

Proposal for a directive

Recital 7

Text proposed by the CommissionAmendment
(7) Additionally, trainees are less likely to defend their rights due to their vulnerable positions in the labour market. The absence, complexity or diversity of regulatory frameworks for traineeships in various Member States alongside an insufficient enforcement of national legislation and the lack of capacity for controls and inspections, as well as a lack of clarity regarding the authority responsible for control and enforcement, are among the main factors leading to the problematic use of traineeships.(7) Additionally, trainees are less likely to defend their rights due to their vulnerable positions in the labour market. The absence, complexity or diversity of regulatory frameworks for traineeships in various Member States are among the main factors leading to the problematic use of traineeships.

Or. en

Amendment 137

Raúl de la Hoz Quintano, Rosa Estaràs Ferragut, Maravillas Abadía Jover

Proposal for a directive

Recital 7

Text proposed by the CommissionAmendment
(7) Additionally, trainees are less likely to defend their rights due to their vulnerable positions in the labour market. The absence, complexity or diversity of regulatory frameworks for traineeships in various Member States alongside an insufficient enforcement of national legislation and the lack of capacity for controls and inspections, as well as a lack of clarity regarding the authority responsible for control and enforcement, are among the main factors leading to the problematic use of traineeships.(7) The absence, complexity or diversity of regulatory frameworks for traineeships in various Member States alongside an insufficient enforcement of national legislation and the lack of capacity for controls and inspections, as well as a lack of clarity regarding the authority responsible for control and enforcement, are among the main factors leading to the problematic use of traineeships.

Or. es

Amendment 138

Arba Kokalari, Henrik Dahl

Proposal for a directive

Recital 7

Text proposed by the CommissionAmendment
(7) Additionally, trainees are less likely to defend their rights due to their vulnerable positions in the labour market. The absence, complexity or diversity of regulatory frameworks for traineeships in various Member States alongside an insufficient enforcement of national legislation and the lack of capacity for controls and inspections, as well as a lack of clarity regarding the authority responsible for control and enforcement, are among the main factors leading to the problematic use of traineeships.(7) Additionally, trainees are less likely to defend their rights due to their vulnerable positions in the labour market. While some Member States have well-functioning systems in place, other Member States face challenges, such as insufficient enforcement of national legislation or dysfunctional labour market systems. These issues are among the main factors leading to the problematic use of traineeships. However, existing systems in Member States must be respected in line with the subsidiarity principle, recognising the differing approaches and needs across Member States.

Or. en

Amendment 139

Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg

Proposal for a directive

Recital 7

Text proposed by the CommissionAmendment
(7) Additionally, trainees are less likely to defend their rights due to their vulnerable positions in the labour market. The absence, complexity or diversity of regulatory frameworks for traineeships in various Member States alongside an insufficient enforcement of national legislation and the lack of capacity for controls and inspections, as well as a lack of clarity regarding the authority responsible for control and enforcement, are among the main factors leading to the problematic use of traineeships.(7) Additionally, trainees often feel unable to defend their rights due to their vulnerable position in the labour market. The absence, complexity or diversity of regulatory frameworks for traineeships in various Member States alongside an insufficient enforcement of national legislation and the lack of capacity for controls and inspections, as well as a lack of clarity regarding the authority responsible for control and enforcement, are among the main factors leading to the problematic use of traineeships.

Or. en

Amendment 140

Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi

Proposal for a directive

Recital 7

Text proposed by the CommissionAmendment
(7) Additionally, trainees are less likely to defend their rights due to their vulnerable positions in the labour market. The absence, complexity or diversity of regulatory frameworks for traineeships in various Member States alongside an insufficient enforcement of national legislation and the lack of capacity for controls and inspections, as well as a lack of clarity regarding the authority responsible for control and enforcement, are among the main factors leading to the problematic use of traineeships.(7) Trainees are less likely to defend their rights due to their vulnerable positions in the labour market. The absence, complexity or diversity of regulatory frameworks for traineeships in various Member States alongside an insufficient enforcement of national legislation and the lack of capacity for controls and inspections, as well as a lack of clarity regarding the authority responsible for control and enforcement, risk leading to abusive practices arising from the use of traineeships.

Or. en

Amendment 141

Isabelle Le Callennec

Proposal for a directive

Recital 7

Text proposed by the CommissionAmendment
(7) Additionally, trainees are less likely to defend their rights due to their vulnerable positions in the labour market. The absence, complexity or diversity of regulatory frameworks for traineeships in various Member States alongside an insufficient enforcement of national legislation and the lack of capacity for controls and inspections, as well as a lack of clarity regarding the authority responsible for control and enforcement, are among the main factors leading to the problematic use of traineeships.(7) Additionally, open labour market trainees are less likely to defend their rights due to their vulnerable positions in the labour market. The absence, complexity or diversity of regulatory frameworks for traineeships in various Member States alongside an insufficient enforcement of national legislation and the lack of capacity for controls and inspections, as well as a lack of clarity regarding the authority responsible for control and enforcement, are among the main factors leading to the problematic use of traineeships.

Or. fr

Amendment 142

Pierfrancesco Maran, Raffaele Topo, Brando Benifei, Cecilia Strada

Proposal for a directive

Recital 7 a (new)

Text proposed by the CommissionAmendment
(7a) In certain Member States, access to specific professions is conditional upon completing a mandatory traineeship period as required by law. However, these traineeships are often unpaid, placing a significant financial burden on trainees and creating barriers to entry for those without sufficient resources. This practice risks violating the principle of fair pay and social justice, as it obliges individuals to work without pay while fulfilling a legal requirement for professional accreditation. Member States should ensure that all mandatory traineeships required for professional access are fairly paid in line with the principles of equal treatment and decent working conditions.

Or. en

Amendment 143

Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi

Proposal for a directive

Recital 7 a (new)

Text proposed by the CommissionAmendment
(7a) Unpaid or poorly paid traineeships can be particularly exclusionary towards young people without the financial means to complete one. Unpaid or poorly paid traineeships risk directly or indirectly discriminating on the basis of age, sex, race, colour, ethnic and social origin, disability and others. The bifurcation between unpaid and paid traineeships can also lead to discrimination between trainees due to the difference in treatment.

Or. en

Amendment 144

Henrik Dahl

Proposal for a directive

Recital 7 a (new)

Text proposed by the CommissionAmendment
(7a) Complications further arise due to the fact that most open-market traineeships are not or only partly regulated in Member States. A common legal EU-framework can therefore for this type of trainees contribute to more transparency, easier compliance and better enforcement in an area, that has a significant cross-border element to it.

Or. en

Amendment 145

Benedetta Scuderi

on behalf of the Greens/EFA Group

Proposal for a directive

Recital 7 a (new)

Text proposed by the CommissionAmendment
(7a) The lack of a common definition of traineeships across the EU has resulted into a fragmented set of legal categories by which individuals largely performing the same tasks can be treated very differently depending on national law, collective agreements or practice in different Member states;

Or. en

Amendment 146

Henrik Dahl

Proposal for a directive

Recital 7 b (new)

Text proposed by the CommissionAmendment
(7b) Socio-economic costs arise if traineeships, particularly repeated ones, are allowed to replace stable employment, in particular entry-level positions that are usually offered to trainees.

Or. en

Amendment 147

Angelika Winzig

Proposal for a directive

Recital 8

Text proposed by the CommissionAmendment
(8) Evidence shows that a significant proportion of trainees are subject to less favourable working conditions compared to regular employees, including regarding working hours, leave entitlements, and access to equipment as well as pay.deleted

Or. en

Amendment 148

Mélanie Disdier, Rachel Blom, Pál Szekeres, Marie Dauchy

Proposal for a directive

Recital 8

Text proposed by the CommissionAmendment
(8) Evidence shows that a significant proportion of trainees are subject to less favourable working conditions compared to regular employees, including regarding working hours, leave entitlements, and access to equipment as well as pay.(8) Evidence shows that a not insignificant proportion of traineeships require trainees to take on tasks or responsibilities that go beyond the scope of a traineeship, which is in actual fact a way of employing people at a lower cost and with fewer constraints than the rules usually applicable in the Member States.

Or. fr

Justification

Although true, this statement fails to point out any issues with regard to what exactly a traineeship should involve. A better angle would be to highlight the excessive demands imposed on some trainees.

Amendment 149

Benedetta Scuderi

on behalf of the Greens/EFA Group

Proposal for a directive

Recital 8

Text proposed by the CommissionAmendment
(8) Evidence shows that a significant proportion of trainees are subject to less favourable working conditions compared to regular employees, including regarding working hours, leave entitlements, and access to equipment as well as pay.(8) Evidence shows that a significant proportion of trainees are subject to less favourable working conditions compared to other employees, including regarding working hours, leave entitlements, and access to equipment and most importantly pay. Unpaid traineeships refrain individuals from vulnerable social backgrounds from gaining the necessary skills and competences to enter the labour markets, exacerbating social inequalities and marginalising vulnerable youth;

Or. en

Amendment 150

Isabelle Le Callennec

Proposal for a directive

Recital 8

Text proposed by the CommissionAmendment
(8) Evidence shows that a significant proportion of trainees are subject to less favourable working conditions compared to regular employees, including regarding working hours, leave entitlements, and access to equipment as well as pay.(8) Evidence shows that a significant proportion of open labour market trainees are subject to less favourable working conditions compared to regular employees, including regarding working hours, leave entitlements, and access to equipment as well as remuneration.

Or. fr

Amendment 151

Miriam Lexmann

Proposal for a directive

Recital 8

Text proposed by the CommissionAmendment
(8) Evidence shows that a significant proportion of trainees are subject to less favourable working conditions compared to regular employees, including regarding working hours, leave entitlements, and access to equipment as well as pay.(8) Evidence shows that a significant proportion of trainees are subject to less favourable working conditions compared to regular employees, including regarding working hours, leave entitlements, and access to equipment as well as fair compensation.

Or. en

Amendment 152

Andrea Wechsler

Proposal for a directive

Recital 8

Text proposed by the CommissionAmendment
(8) Evidence shows that a significant proportion of trainees are subject to less favourable working conditions compared to regular employees, including regarding working hours, leave entitlements, and access to equipment as well as pay.(8) Evidence shows that a significant proportion of trainees are subject to less favourable working conditions compared to regular employees, including regarding working hours, leave entitlements, and access to equipment.

Or. en

Amendment 153

Benedetta Scuderi

on behalf of the Greens/EFA Group

Proposal for a directive

Recital 8 a (new)

Text proposed by the CommissionAmendment
(8a) The Letta report insists on the urgency to tackle the downside of young people emigration to other countries in search for better salaries and job opportunities and calls for a set of policy measures and social investments to make ‘the right to stay’ a reality for many young people and workers in the EU;

Or. en

Amendment 154

Benedetta Scuderi

on behalf of the Greens/EFA Group

Proposal for a directive

Recital 8 b (new)

Text proposed by the CommissionAmendment
(8b) The European Parliament has repeatedly condemned the practice of unpaid traineeships as a form of exploitation of young workers and a violation of their rights and has called for a common legal framework to ensure fair remuneration for traineeships in order to avoid exploitative practices;

Or. en

Amendment 155

Benedetta Scuderi

on behalf of the Greens/EFA Group

Proposal for a directive

Recital 8 c (new)

Text proposed by the CommissionAmendment
(8c) The Communication on Harnessing talent in the Europe’s regions has identified serious ricks for the economic, social and territorial cohesion of the EU in the coming years if the current trends of intra-EU brain drain are not properly addressed. In the last decades skilled youth are leaving their generally poorer countries of origin to seek better employment opportunities in other EU member states. As increasingly highly skilled workers flock to economically stronger countries, regions with already weak economies face a depletion of human capital, hampering their potential for growth and development.

Or. en

Amendment 156

Benedetta Scuderi

on behalf of the Greens/EFA Group

Proposal for a directive

Recital 8 d (new)

Text proposed by the CommissionAmendment
(8d) Youth policy dialogues during the European Year of youth have highlighted the availability of good jobs as one of the main factors behind young professionals’ decision to stay in their region of origin. Wage attractiveness and better working conditions, such as access to social protection, stable employment, career prospects and inclusive workplaces are the main factors to attract, retain and develop talent;
(https://youth.europa.eu/year-of-youth/activities/4413_en)

Or. en

Amendment 157

Isabelle Le Callennec

Proposal for a directive

Recital 9

Text proposed by the CommissionAmendment
(9) At Union level, existing legal instruments provide a framework for the protection of workers, including the directives on transparent and predictable working conditions5, adequate minimum wages6, working time7, health and safety at work8, equality and non-discrimination9, work-life balance for parents and carers10, information and consultation of employees11, fixed-term work12, part-time work13, posting of workers14 and on temporary agency work15. This legal framework fully applies to trainees who have an employment contract or employment relationship as defined by law, collective agreements or practice in force in each Member State, with consideration to the case-law of the Court of Justice of the European Union. The Union legal framework also encompasses recommendations on the quality of traineeships16 and apprenticeships17 and on access to social protection for workers and self-employed18.(9) At Union level, existing legal instruments provide a framework for the protection of workers, including the directives on transparent and predictable working conditions5, adequate minimum wages6, working time7, health and safety at work8, equality and non-discrimination9, work-life balance for parents and carers10, information and consultation of employees11, fixed-term work12, part-time work13, posting of workers14 and on temporary agency work15. The Union legal framework also encompasses recommendations on the quality of traineeships16 and apprenticeships17 and on access to social protection for workers and self-employed18.
5 Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union (OJ L 186, 11.7.2019, p. 105).5 Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union (OJ L 186, 11.7.2019, p. 105).
6 Directive (EU) 2022/2041 of the European Parliament and of the Council of 19 October 2022 on adequate minimum wages in the European Union (OJ L 275, 25.10.2022, p. 33).6 Directive (EU) 2022/2041 of the European Parliament and of the Council of 19 October 2022 on adequate minimum wages in the European Union (OJ L 275, 25.10.2022, p. 33).
7 Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9).7 Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9).
8 Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.1989, p. 1).8 Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.1989, p. 1).
9 Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ L 303, 2.12.2000, p. 16).9 Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ L 303, 2.12.2000, p. 16).
10 Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance (OJ L 188, 12.7.2019, p. 79).10 Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance (OJ L 188, 12.7.2019, p. 79).
11 Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community - Joint declaration of the European Parliament, the Council and the Commission on employee representation (OJ L 80, 23.3.2002, p. 29).11 Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community - Joint declaration of the European Parliament, the Council and the Commission on employee representation (OJ L 80, 23.3.2002, p. 29).
12 Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ L 175, 10.7.1999, p. 43).12 Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ L 175, 10.7.1999, p. 43).
13 Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time working concluded by UNICE, CEEP and the ETUC – Annex: Framework agreement on part-time work (OJ L 14, 20.1.1998, p. 9).13 Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time working concluded by UNICE, CEEP and the ETUC – Annex: Framework agreement on part-time work (OJ L 14, 20.1.1998, p. 9).
14 Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (OJ L 173, 9.7.2018, p. 16).14 Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (OJ L 173, 9.7.2018, p. 16).
15 Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work (OJ L 327, 5.12.2008, p. 9).15 Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work (OJ L 327, 5.12.2008, p. 9).
16 Council Recommendation of 10 March 2014 on a Quality Framework for Traineeships (OJ C 88, 27.3.2014, p. 1).16 Council Recommendation of 10 March 2014 on a Quality Framework for Traineeships (OJ C 88, 27.3.2014, p. 1).
17 Council Recommendation of 15 March 2018 on a European Framework for Quality and Effective Apprenticeships (OJ C 153, 2.5.2018, p. 1).17 Council Recommendation of 15 March 2018 on a European Framework for Quality and Effective Apprenticeships (OJ C 153, 2.5.2018, p. 1).
18 Council Recommendation of 8 November 2019 on access to social protection for workers and the self-employed (OJ C 387, 15.11.2019, p. 1).18 Council Recommendation of 8 November 2019 on access to social protection for workers and the self-employed (OJ C 387, 15.11.2019, p. 1).

Or. fr

Amendment 158

Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg

Proposal for a directive

Recital 9

Text proposed by the CommissionAmendment
(9) At Union level, existing legal instruments provide a framework for the protection of workers, including the directives on transparent and predictable working conditions5 , adequate minimum wages6 , working time7 , health and safety at work8 , equality and non-discrimination9 , work-life balance for parents and carers10 , information and consultation of employees11 , fixed-term work12 , part-time work13 , posting of workers14 and on temporary agency work.15 . This legal framework fully applies to trainees who have an employment contract or employment relationship as defined by law, collective agreements or practice in force in each Member State, with consideration to the case-law of the Court of Justice of the European Union. The Union legal framework also encompasses recommendations on the quality of traineeships16 and apprenticeships17 and on access to social protection for workers and self-employed18 .(9) At Union level, existing legal instruments provide a framework for the protection of workers, including the directives on transparent and predictable working conditions5 , adequate minimum wages6 , working time7 , health and safety at work8 , equality and non-discrimination9 , work-life balance for parents and carers10 , information and consultation of employees11 , fixed-term work12 , part-time work13 , posting of workers14 and on temporary agency work.15 The Union legal framework also encompasses recommendations on the quality of traineeships16 and apprenticeships17 and on access to social protection for workers and self-employed18 .
5 Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union (OJ L 186, 11.7.2019, p. 105).5 Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union (OJ L 186, 11.7.2019, p. 105).
6 Directive (EU) 2022/2041 of the European Parliament and of the Council of 19 October 2022 on adequate minimum wages in the European Union (OJ L 275, 25.10.2022, p. 33).6 Directive (EU) 2022/2041 of the European Parliament and of the Council of 19 October 2022 on adequate minimum wages in the European Union (OJ L 275, 25.10.2022, p. 33).
7 Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9).7 Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9).
8 Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.06.1989, p. 1).8 Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.06.1989, p. 1).
9 Among others: Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ L 303, 2.12.2000, p. 16).9 Among others: Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ L 303, 2.12.2000, p. 16).
10 Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance (OJ L 188, 12.7.2019, p. 79).10 Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance (OJ L 188, 12.7.2019, p. 79).
11 Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community - Joint declaration of the European Parliament, the Council and the Commission on employee representation (OJ L 80, 23.3.2002, p. 29).11 Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community - Joint declaration of the European Parliament, the Council and the Commission on employee representation (OJ L 80, 23.3.2002, p. 29).
12 Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ L 175, 10.7.1999, p. 43).12 Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ L 175, 10.7.1999, p. 43).
13 Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time working concluded by UNICE, CEEP and the ETUC – Annex: Framework agreement on part-time work (OJ L 14, 20.1.1998, p. 9).13 Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time working concluded by UNICE, CEEP and the ETUC – Annex: Framework agreement on part-time work (OJ L 14, 20.1.1998, p. 9).
14 Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (OJ L 173, 9.7.2018, p. 16).14 Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (OJ L 173, 9.7.2018, p. 16).
15 Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work (OJ L 327, 5.12.2008, p. 9).15 Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work (OJ L 327, 5.12.2008, p. 9).
16 Council Recommendation of 10 March 2014 on a Quality Framework for Traineeships (OJ C 88, 27.3.2014, p. 1).16 Council Recommendation of 10 March 2014 on a Quality Framework for Traineeships (OJ C 88, 27.3.2014, p. 1).
17 Council Recommendation of 15 March 2018 on a European Framework for Quality and Effective Apprenticeships (OJ C 153, 2.5.2018, p. 1).17 Council Recommendation of 15 March 2018 on a European Framework for Quality and Effective Apprenticeships (OJ C 153, 2.5.2018, p. 1).
18 Council Recommendation of 8 November 2019 on access to social protection for workers and the self-employed (OJ C 387, 15.11.2019, p. 1).18 Council Recommendation of 8 November 2019 on access to social protection for workers and the self-employed (OJ C 387, 15.11.2019, p. 1).

Or. en

Amendment 159

Benedetta Scuderi

on behalf of the Greens/EFA Group

Proposal for a directive

Recital 9

Text proposed by the CommissionAmendment
(9) At Union level, existing legal instruments provide a framework for the protection of workers, including the directives on transparent and predictable working conditions5 , adequate minimum wages6 , working time7 , health and safety at work8 , equality and non-discrimination9 , work-life balance for parents and carers10 , information and consultation of employees11 , fixed-term work12 , part-time work13 , posting of workers14 and on temporary agency work.15 . This legal framework fully applies to trainees who have an employment contract or employment relationship as defined by law, collective agreements or practice in force in each Member State, with consideration to the case-law of the Court of Justice of the European Union. The Union legal framework also encompasses recommendations on the quality of traineeships16 and apprenticeships17 and on access to social protection for workers and self-employed18 .(9) At Union level, existing legal instruments provide a framework for the protection of workers, including the directives on transparent and predictable working conditions5 , adequate minimum wages6 , working time7 , health and safety at work8 , equality and non-discrimination9 , work-life balance for parents and carers10 , information and consultation of employees11 , fixed-term work12 , part-time work13 , posting of workers14 and on temporary agency work.15 . This legal framework fully applies to trainees, considering the case-law of the Court of Justice of the European Union. The Union legal framework also encompasses recommendations on the quality of traineeships16 and apprenticeships17 and on access to social protection for workers and self-employed18 .
5 Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union (OJ L 186, 11.7.2019, p. 105).5 Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union (OJ L 186, 11.7.2019, p. 105).
6 Directive (EU) 2022/2041 of the European Parliament and of the Council of 19 October 2022 on adequate minimum wages in the European Union (OJ L 275, 25.10.2022, p. 33).6 Directive (EU) 2022/2041 of the European Parliament and of the Council of 19 October 2022 on adequate minimum wages in the European Union (OJ L 275, 25.10.2022, p. 33).
7 Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9).7 Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9).
8 Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.06.1989, p. 1).8 Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.06.1989, p. 1).
9 Among others: Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ L 303, 2.12.2000, p. 16).9 Among others: Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ L 303, 2.12.2000, p. 16).
10 Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance (OJ L 188, 12.7.2019, p. 79).10 Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance (OJ L 188, 12.7.2019, p. 79).
11 Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community - Joint declaration of the European Parliament, the Council and the Commission on employee representation (OJ L 80, 23.3.2002, p. 29).11 Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community - Joint declaration of the European Parliament, the Council and the Commission on employee representation (OJ L 80, 23.3.2002, p. 29).
12 Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ L 175, 10.7.1999, p. 43).12 Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ L 175, 10.7.1999, p. 43).
13 Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time working concluded by UNICE, CEEP and the ETUC – Annex: Framework agreement on part-time work (OJ L 14, 20.1.1998, p. 9).13 Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time working concluded by UNICE, CEEP and the ETUC – Annex: Framework agreement on part-time work (OJ L 14, 20.1.1998, p. 9).
14 Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (OJ L 173, 9.7.2018, p. 16).14 Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (OJ L 173, 9.7.2018, p. 16).
15 Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work (OJ L 327, 5.12.2008, p. 9).15 Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work (OJ L 327, 5.12.2008, p. 9).
16 Council Recommendation of 10 March 2014 on a Quality Framework for Traineeships (OJ C 88, 27.3.2014, p. 1).16 Council Recommendation of 10 March 2014 on a Quality Framework for Traineeships (OJ C 88, 27.3.2014, p. 1).
17 Council Recommendation of 15 March 2018 on a European Framework for Quality and Effective Apprenticeships (OJ C 153, 2.5.2018, p. 1).17 Council Recommendation of 15 March 2018 on a European Framework for Quality and Effective Apprenticeships (OJ C 153, 2.5.2018, p. 1).
18 Council Recommendation of 8 November 2019 on access to social protection for workers and the self-employed (OJ C 387, 15.11.2019, p. 1).18 Council Recommendation of 8 November 2019 on access to social protection for workers and the self-employed (OJ C 387, 15.11.2019, p. 1).

Or. en

Amendment 160

Mélanie Disdier, Rachel Blom, Pál Szekeres, Marie Dauchy, Séverine Werbrouck

Proposal for a directive

Recital 9

Text proposed by the CommissionAmendment
(9) At Union level, existing legal instruments provide a framework for the protection of workers, including the directives on transparent and predictable working conditions5, adequate minimum wages6, working time7, health and safety at work8, equality and non-discrimination9, work-life balance for parents and carers10, information and consultation of employees11, fixed-term work12, part-time work13, posting of workers14 and on temporary agency work15. This legal framework fully applies to trainees who have an employment contract or employment relationship as defined by law, collective agreements or practice in force in each Member State, with consideration to the case-law of the Court of Justice of the European Union. The Union legal framework also encompasses recommendations on the quality of traineeships16 and apprenticeships17 and on access to social protection for workers and self-employed18.(9) At Union level, existing legal instruments provide a framework for the protection of workers, including the directives on transparent and predictable working conditions5, adequate minimum wages6, working time7, health and safety at work8, equality and non-discrimination9, work-life balance for parents and carers10, information and consultation of employees11, fixed-term work12, part-time work13, posting of workers14 and on temporary agency work15. According to the treaties currently in force, this legal framework may only apply to trainees whose employment contract or employment relationship differs to an employment contract or employment relationship as defined by law, collective agreements or practice in force in each Member State, with consideration to the case-law of the Court of Justice of the European Union. The Union legal framework nevertheless encompasses recommendations on the quality of traineeships16 and apprenticeships17 and on access to social protection for workers and self-employed18 .
5 Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union (OJ L 186, 11.7.2019, p. 105).5 Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union (OJ L 186, 11.7.2019, p. 105).
6 Directive (EU) 2022/2041 of the European Parliament and of the Council of 19 October 2022 on adequate minimum wages in the European Union (OJ L 275, 25.10.2022, p. 33).6 Directive (EU) 2022/2041 of the European Parliament and of the Council of 19 October 2022 on adequate minimum wages in the European Union (OJ L 275, 25.10.2022, p. 33).
7 Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9).7 Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9).
8 Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.1989, p. 1).8 Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.1989, p. 1).
9 Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ L 303, 2.12.2000, p. 16).9 Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ L 303, 2.12.2000, p. 16).
10 Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance (OJ L 188, 12.7.2019, p. 79).10 Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance (OJ L 188, 12.7.2019, p. 79).
11 Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community - Joint declaration of the European Parliament, the Council and the Commission on employee representation (OJ L 80, 23.3.2002, p. 29).11 Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community - Joint declaration of the European Parliament, the Council and the Commission on employee representation (OJ L 80, 23.3.2002, p. 29).
12 Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ L 175, 10.7.1999, p. 43).12 Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ L 175, 10.7.1999, p. 43).
13 Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time working concluded by UNICE, CEEP and the ETUC – Annex: Framework agreement on part-time work (OJ L 14, 20.1.1998, p. 9).13 Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time working concluded by UNICE, CEEP and the ETUC – Annex: Framework agreement on part-time work (OJ L 14, 20.1.1998, p. 9).
14 Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (OJ L 173, 9.7.2018, p. 16).14 Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (OJ L 173, 9.7.2018, p. 16).
15 Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work (OJ L 327, 5.12.2008, p. 9).15 Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work (OJ L 327, 5.12.2008, p. 9).
16 Council Recommendation of 10 March 2014 on a Quality Framework for Traineeships (OJ C 88, 27.3.2014, p. 1).16 Council Recommendation of 10 March 2014 on a Quality Framework for Traineeships (OJ C 88, 27.3.2014, p. 1).
17 Council Recommendation of 15 March 2018 on a European Framework for Quality and Effective Apprenticeships (OJ C 153, 2.5.2018, p. 1).17 Council Recommendation of 15 March 2018 on a European Framework for Quality and Effective Apprenticeships (OJ C 153, 2.5.2018, p. 1).
18 Council Recommendation of 8 November 2019 on access to social protection for workers and the self-employed (OJ C 387, 15.11.2019, p. 1).18 Council Recommendation of 8 November 2019 on access to social protection for workers and the self-employed (OJ C 387, 15.11.2019, p. 1).

Or. fr

Justification

By nature, a trainee is not supposed to be a productive force in a company. They are learners looking to improve their skills in the professional environment. This precisely is what differentiates a trainee from a ‘regular’ worker, whose place in a company is only justified by what they have to offer (in exchange for pay). The rules on workers’ rights should thus not apply.

Amendment 161

Pierfrancesco Maran, Raffaele Topo, Brando Benifei, Cecilia Strada

Proposal for a directive

Recital 9 a (new)

Text proposed by the CommissionAmendment
(9a) The European Parliament has repeatedly condemned the practice of unpaid traineeships as a form of exploitation of young workers and a violation of their rights and has called for a common legal framework to ensure fair remuneration for traineeships in order to avoid exploitative practices.1a
1a European Parliament resolution of 17 February 2022 on empowering European youth: post-pandemic employment and social recovery (OJ C 342, 6.9.2022, p. 265); European Parliament resolution of 14 June 2023 with recommendations to the Commission on quality traineeships in the Union (2020/2005(INL)).

Or. en

Amendment 162

Mélanie Disdier, Rachel Blom, Pál Szekeres, Marie Dauchy, Séverine Werbrouck

Proposal for a directive

Recital 10

Text proposed by the CommissionAmendment
(10) The Conference on the Future of Europe19 put forward a proposal on ensuring that young people’s internships and jobs adhere to quality standards, including on pay and banning unpaid internships on the labour market and outside formal education.(10) The Conference on the Future of Europe19, organised outside any institutional framework provided for in the treaties, put forward a proposal on ensuring that young people’s internships and jobs adhere to quality standards, including on pay.
19 Report on the final outcome – May 2022.19 Report on the final outcome – May 2022.

Or. fr

Justification

As this directive aims to prevent trainees from being used to substitute ‘real’ workers, it makes no sense to talk about traineeships on the labour market.

Amendment 163

Mélanie Disdier, Rachel Blom, Pál Szekeres, Marie Dauchy, Séverine Werbrouck

Proposal for a directive

Recital 11

Text proposed by the CommissionAmendment
(11) The European Parliament adopted a resolution pursuant to Article 225 TFEU with recommendations to the Commission on quality traineeships in June 202320. In its resolution, it called on the Commission “to update and strengthen the 2014 QFT and to turn it into a stronger legislative instrument”. It further called on the Commission to include additional principles in an updated quality framework for traineeships. Specifically, the European Parliament called for the Commission to “propose a directive on open labour market traineeships, traineeships in the context of active labour market policies and traineeships that are a mandatory part of professional training, in order to ensure minimum quality standards, including rules on the duration of the traineeships, access to social protection in accordance with national law and practice as well as pay that ensures a decent standard of living in order to avoid exploitative practices”.(11) The European Parliament adopted a resolution pursuant to Article 225 TFEU with recommendations to the Commission on quality traineeships in June 202320. In its resolution, it called on the Commission “to update and strengthen the 2014 QFT and to turn it into a stronger legislative instrument”, going beyond the competences conferred on the Commission in the area of education and training policy.
20 European Parliament resolution of 14 June 2023 with recommendations to the Commission on quality traineeships in the Union (2020/2005(INL)).20 European Parliament resolution of 14 June 2023 with recommendations to the Commission on quality traineeships in the Union (2020/2005(INL)).

Or. fr

Justification

It makes no sense to talk about the labour market for trainees who are not supposed to take on the roles of employees.

Amendment 164

Isabelle Le Callennec

Proposal for a directive

Recital 12

Text proposed by the CommissionAmendment
(12) The Commission carried out a two-stage consultation of social partners at Union level under Article 154 TFEU on the need, objectives and legal avenues for a potential action further improving the quality of traineeships. There was no agreement among the social partners to enter into negotiations with regard to those matters. It is, however, important to take action at Union level in this area by adapting the current framework on traineeships while taking into account the outcomes of the consultation of social partners.(12) The Commission carried out a two-stage consultation of social partners at Union level under Article 154 TFEU on the need, objectives and legal avenues for a potential action further improving the quality of traineeships. There was no agreement among the social partners to enter into negotiations with regard to those matters. It is, however, important to take action at Union level in this area by adapting the current framework on open labour market traineeships while taking into account the outcomes of the consultation of social partners.

Or. fr

Amendment 165

Benedetta Scuderi

on behalf of the Greens/EFA Group

Proposal for a directive

Recital 12

Text proposed by the CommissionAmendment
(12) The Commission carried out a two-stage consultation of social partners at Union level under Article 154 TFEU on the need, objectives and legal avenues for a potential action further improving the quality of traineeships. There was no agreement among the social partners to enter into negotiations with regard to those matters. It is, however, important to take action at Union level in this area by adapting the current framework on traineeships while taking into account the outcomes of the consultation of social partners.(12) The Commission carried out a two-stage consultation of social partners at Union level under Article 154 TFEU on the need, objectives and legal avenues for a potential action further improving the quality and accessibility of traineeships. There was no agreement among the social partners to enter into negotiations with regard to those matters. It is, however, important to take action at Union level in this area by adapting the current framework on traineeships while taking into account the outcomes of the consultation of social partners.

Or. en

Amendment 166

Benedetta Scuderi

on behalf of the Greens/EFA Group

Proposal for a directive

Recital 14 a (new)

Text proposed by the CommissionAmendment
(14a) The European Court of Justice has repeatedly held that the concept of 'worker' within the meaning of Article 45 TFEU extends to a person undertaking a traineeship. The case-law of the court of Justice has established the existence of an employment relationship in the four main types of traineeships: traineeships in the open market, traineeships mandatory to access a profession; traineeships part of active labour market policies and those part of an academic or vocational qualification. The interpretation by the Court of Justice in its case-law should be taken into account in the implementation of this directive;

Or. en

Amendment 167

Mélanie Disdier, Rachel Blom, Pál Szekeres, Marie Dauchy, Séverine Werbrouck

Proposal for a directive

Recital 14 a (new)

Text proposed by the CommissionAmendment
(14a) Article 165(4) of the Treaty on the Functioning of the European Union excludes ‘any harmonisation of the laws and regulations of the Member States’ in the area of education and vocational training.

Or. fr

Amendment 168

Arba Kokalari, Henrik Dahl

Proposal for a directive

Recital 15

Text proposed by the CommissionAmendment
(15) Considering the persisting challenges regarding the problematic use of traineeships in the Union, further action is needed to combat regular employment relationships disguised as traineeships and to ensure that the relevant Union and national law applicable to workers is fully implemented and enforced in relation to trainees. This Directive addresses these challenges by laying down minimum requirements to improve and enforce the working conditions of trainees in the Union and to combat employment relationships disguised as traineeships, by establishing a common framework of principles and measures necessary to ensure equal treatment and to implement and enforce Union and national law applicable to workers more effectively.(15) Considering the persisting challenges and abusive practices from the use of traineeships within the Union, Member States must ensure that relevant national legislation, as well as Union law, applicable to trainees is fully implemented and enforced. This should be done in accordance with the collective agreements and labour market models in place in each Member State, where applicable. The EU's minimum requirements should not replace or undermine the conditions negotiated through collective agreements.

Or. en

Amendment 169

Miriam Lexmann

Proposal for a directive

Recital 15

Text proposed by the CommissionAmendment
(15) Considering the persisting challenges regarding the problematic use of traineeships in the Union, further action is needed to combat regular employment relationships disguised as traineeships and to ensure that the relevant Union and national law applicable to workers is fully implemented and enforced in relation to trainees. This Directive addresses these challenges by laying down minimum requirements to improve and enforce the working conditions of trainees in the Union and to combat employment relationships disguised as traineeships, by establishing a common framework of principles and measures necessary to ensure equal treatment and to implement and enforce Union and national law applicable to workers more effectively.(15) Considering the persisting challenges regarding the problematic use of traineeships in the Union, further action in line with the principle of subsidiarity is needed to combat regular employment relationships disguised as traineeships and to ensure that the relevant Union and national law applicable to workers is fully implemented and enforced in relation to trainees. This Directive addresses these challenges by laying down minimum requirements to improve and enforce the working conditions of trainees in the Union and to combat employment relationships disguised as traineeships, by establishing a common framework of principles and measures necessary to ensure equal treatment and to implement and enforce Union and national law applicable to workers more effectively. Recalls however that a clear distinction from the traineeships as inseparable parts of formal education and training in accordance with national education systems should be established;

Or. en

Amendment 170

Andrea Wechsler

Proposal for a directive

Recital 15

Text proposed by the CommissionAmendment
(15) Considering the persisting challenges regarding the problematic use of traineeships in the Union, further action is needed to combat regular employment relationships disguised as traineeships and to ensure that the relevant Union and national law applicable to workers is fully implemented and enforced in relation to trainees. This Directive addresses these challenges by laying down minimum requirements to improve and enforce the working conditions of trainees in the Union and to combat employment relationships disguised as traineeships, by establishing a common framework of principles and measures necessary to ensure equal treatment and to implement and enforce Union and national law applicable to workers more effectively.(15) Considering the persisting challenges regarding the problematic use of traineeships in the Union, further action is needed to combat regular employment relationships disguised as traineeships. This Directive addresses these challenges by laying down minimum requirements to improve and enforce the working conditions of open-market trainees in the Union and to combat employment relationships disguised as open-market traineeships, by establishing a common framework of principles and measures necessary to implement and enforce Union and national law applicable to workers more effectively.

Or. en

Amendment 171

Benedetta Scuderi

on behalf of the Greens/EFA Group

Proposal for a directive

Recital 15

Text proposed by the CommissionAmendment
(15) Considering the persisting challenges regarding the problematic use of traineeships in the Union, further action is needed to combat regular employment relationships disguised as traineeships and to ensure that the relevant Union and national law applicable to workers is fully implemented and enforced in relation to trainees. This Directive addresses these challenges by laying down minimum requirements to improve and enforce the working conditions of trainees in the Union and to combat employment relationships disguised as traineeships, by establishing a common framework of principles and measures necessary to ensure equal treatment and to implement and enforce Union and national law applicable to workers more effectively.(15) Considering the persisting challenges regarding the abusive use of traineeships in the Union, further action is needed to combat fraudulent traineeships and to ensure that the relevant Union and national law applicable to workers is fully implemented and enforced in relation to trainees. This Directive addresses these challenges by laying down minimum requirements to improve and enforce the working conditions of trainees in the Union and to combat abusive practices arising from fraudulent traineeships, by establishing a common framework of principles and measures necessary to ensure equal treatment and to implement and enforce Union and national law applicable to workers more effectively.

Or. en

Amendment 172

Raúl de la Hoz Quintano, Rosa Estaràs Ferragut, Maravillas Abadía Jover

Proposal for a directive

Recital 15

Text proposed by the CommissionAmendment
(15) Considering the persisting challenges regarding the problematic use of traineeships in the Union, further action is needed to combat regular employment relationships disguised as traineeships and to ensure that the relevant Union and national law applicable to workers is fully implemented and enforced in relation to trainees. This Directive addresses these challenges by laying down minimum requirements to improve and enforce the working conditions of trainees in the Union and to combat employment relationships disguised as traineeships, by establishing a common framework of principles and measures necessary to ensure equal treatment and to implement and enforce Union and national law applicable to workers more effectively.(15) Considering the persisting challenges regarding the problematic use of traineeships in the Union, further action is needed to combat regular employment relationships disguised as traineeships and to ensure that the relevant Union and national law applicable to workers is fully implemented and enforced in relation to trainees. This Directive addresses these challenges by laying down a common framework to improve and enforce the working conditions of trainees in the Union and to combat employment relationships disguised as traineeships, by establishing principles and measures necessary to ensure equal treatment and to implement and enforce Union and national law applicable to workers more effectively.

Or. es

Amendment 173

Mélanie Disdier, Rachel Blom, Pál Szekeres, Marie Dauchy, Séverine Werbrouck

Proposal for a directive

Recital 15

Text proposed by the CommissionAmendment
(15) Considering the persisting challenges regarding the problematic use of traineeships in the Union, further action is needed to combat regular employment relationships disguised as traineeships and to ensure that the relevant Union and national law applicable to workers is fully implemented and enforced in relation to trainees. This Directive addresses these challenges by laying down minimum requirements to improve and enforce the working conditions of trainees in the Union and to combat employment relationships disguised as traineeships, by establishing a common framework of principles and measures necessary to ensure equal treatment and to implement and enforce Union and national law applicable to workers more effectively.(15) Considering the persisting challenges regarding the problematic use of traineeships in the Union, further action is needed to combat regular employment relationships disguised as traineeships and to ensure that the relevant Union and national law applicable to workers is fully implemented and enforced in relation to trainees. This Directive addresses these challenges by laying down clear limits on the distinction between ‘regular’ employment relationships and traineeships to combat employment relationships disguised as traineeships and clearly delineate what lies within the competences of the EU and what lies within the competences of the Member States when it comes to traineeships, to implement and enforce Union and national law applicable to workers and trainees more effectively.

Or. fr

Justification

If this directive were to explicitly regulate the situation of trainees, it would clearly undermine the division of competences between the EU and the Member States. Focusing on what differentiates trainees and workers, however, would be within the remit of the Union and will have the safe effect with regard to preventing abuses.

Amendment 174

Chiara Gemma, Georgiana Teodorescu, Francesco Torselli, Mariateresa Vivaldini, Elena Donazzan

Proposal for a directive

Recital 15

Text proposed by the CommissionAmendment
(15) Considering the persisting challenges regarding the problematic use of traineeships in the Union, further action is needed to combat regular employment relationships disguised as traineeships and to ensure that the relevant Union and national law applicable to workers is fully implemented and enforced in relation to trainees. This Directive addresses these challenges by laying down minimum requirements to improve and enforce the working conditions of trainees in the Union and to combat employment relationships disguised as traineeships, by establishing a common framework of principles and measures necessary to ensure equal treatment and to implement and enforce Union and national law applicable to workers more effectively.(15) Considering the persisting challenges regarding the problematic use of traineeships in the Union, further action is needed to combat regular employment relationships disguised as traineeships and to ensure that the relevant Union and national law applicable to workers is fully implemented and enforced in relation to trainees, while maintaining flexibility and avoiding unnecessary burdens on micro, small and medium-sized enterprises. This Directive addresses these challenges by laying down minimum requirements to improve and enforce the working conditions of trainees in the Union and to combat employment relationships disguised as traineeships, by establishing a common framework of principles and measures necessary to ensure equal treatment and to implement and enforce Union and national law applicable to workers more effectively.

Or. en

Amendment 175

Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg

Proposal for a directive

Recital 15

Text proposed by the CommissionAmendment
(15) Considering the persisting challenges regarding the problematic use of traineeships in the Union, further action is needed to combat regular employment relationships disguised as traineeships and to ensure that the relevant Union and national law applicable to workers is fully implemented and enforced in relation to trainees. This Directive addresses these challenges by laying down minimum requirements to improve and enforce the working conditions of trainees in the Union and to combat employment relationships disguised as traineeships, by establishing a common framework of principles and measures necessary to ensure equal treatment and to implement and enforce Union and national law applicable to workers more effectively.(15) Considering the persisting challenges regarding the problematic use of traineeships in the Union, further action is needed to improve the working conditions of trainees, the quality and accessibility of traineeships and to combat regular employment relationships disguised as traineeships and to ensure that the relevant Union and national law applicable to workers is fully implemented and enforced in relation to trainees. This Directive addresses these challenges by laying down minimum requirements to improve and enforce the working conditions of trainees in the Union and to combat employment relationships disguised as traineeships, by establishing a common framework of principles and measures necessary to ensure equal treatment and to implement and enforce Union and national law applicable to workers more effectively.

Or. en

Amendment 176

Isabelle Le Callennec

Proposal for a directive

Recital 15

Text proposed by the CommissionAmendment
(15) Considering the persisting challenges regarding the problematic use of traineeships in the Union, further action is needed to combat regular employment relationships disguised as traineeships and to ensure that the relevant Union and national law applicable to workers is fully implemented and enforced in relation to trainees. This Directive addresses these challenges by laying down minimum requirements to improve and enforce the working conditions of trainees in the Union and to combat employment relationships disguised as traineeships, by establishing a common framework of principles and measures necessary to ensure equal treatment and to implement and enforce Union and national law applicable to workers more effectively.(15) Considering the persisting challenges regarding the problematic use of open labour market traineeships in the Union, further action is needed to combat regular employment relationships disguised as traineeships and to ensure that the relevant Union and national law applicable to workers is fully implemented and enforced in relation to open labour market trainees. This Directive addresses these challenges by laying down minimum requirements to improve and enforce the working conditions of trainees in the Union and to combat employment relationships disguised as traineeships, by establishing a common framework of principles and measures necessary to ensure equal treatment and to implement and enforce Union and national law applicable to workers more effectively.

Or. fr

Amendment 177

David Casa

Proposal for a directive

Recital 15

Text proposed by the CommissionAmendment
(15) Considering the persisting challenges regarding the problematic use of traineeships in the Union, further action is needed to combat regular employment relationships disguised as traineeships and to ensure that the relevant Union and national law applicable to workers is fully implemented and enforced in relation to trainees. This Directive addresses these challenges by laying down minimum requirements to improve and enforce the working conditions of trainees in the Union and to combat employment relationships disguised as traineeships, by establishing a common framework of principles and measures necessary to ensure equal treatment and to implement and enforce Union and national law applicable to workers more effectively.(15) Considering the persisting challenges regarding the problematic use of traineeships in the Union, further action is needed to combat regular employment relationships disguised as traineeships and to ensure that the relevant Union and national law applicable to workers is fully implemented and enforced in relation to trainees. This Directive addresses these challenges by laying down minimum requirements to improve and enforce the working conditions of trainees undertaking open market traineeships in the Union and to combat employment relationships disguised as traineeships, by establishing a common framework of principles and measures necessary to ensure equal treatment and to implement and enforce Union and national law applicable to workers more effectively.

Or. en

Amendment 178

Angelika Winzig

Proposal for a directive

Recital 15

Text proposed by the CommissionAmendment
(15) Considering the persisting challenges regarding the problematic use of traineeships in the Union, further action is needed to combat regular employment relationships disguised as traineeships and to ensure that the relevant Union and national law applicable to workers is fully implemented and enforced in relation to trainees. This Directive addresses these challenges by laying down minimum requirements to improve and enforce the working conditions of trainees in the Union and to combat employment relationships disguised as traineeships, by establishing a common framework of principles and measures necessary to ensure equal treatment and to implement and enforce Union and national law applicable to workers more effectively.(15) Considering the persisting challenges regarding the problematic use of traineeships in the Union, further action is needed to combat regular employment relationships disguised as traineeships and to ensure that the relevant Union and national law applicable to workers is fully implemented and enforced in relation to trainees. This Directive addresses these challenges by laying down minimum requirements to improve and enforce the conditions of traineeships in the Union and to combat employment relationships disguised as traineeships, by establishing a common framework of principles and measures necessary to ensure equal treatment and to implement and enforce Union and national law applicable to workers more effectively.

Or. en

Amendment 179

Pierfrancesco Maran, Raffaele Topo, Brando Benifei, Cecilia Strada

Proposal for a directive

Recital 15 a (new)

Text proposed by the CommissionAmendment
(15a) Member States should ensure that all trainees have a written and paid employment contract of a limited duration, covering an open-market traineeship, a traineeship in the context of active labour market policies, a traineeship that is mandatory part of professional training, or a traineeship that is part of curricula of formal education and training.

Or. en

Amendment 180

Henrik Dahl

Proposal for a directive

Recital 15 a (new)

Text proposed by the CommissionAmendment
(15a) Also considering persisting challenges with labour shortages, only projected to increase in the coming years due to demographic challenges and acknowledging the role of open market traineeships in addressing these challenges, this directive aims at increasing the number of traineeships in the Union, while at the same time ensuring the sustainability of traineeship schemes by ensuring traineeships of good quality and of decent working conditions.

Or. en

Justification

: Traineeships are generally a societal beneficial part of the European labour markets, and this directive must work to underpin the work to facilitate traineeships and increase the number to secure tomorrow’s skilled labour, which is of great importance in the EU. The EU faces demographic pressure and lacks some important skills in high demand. The EU needs to utilize the opportunities traineeships give to bridge unemployment and permanent employment as well as up- and re-skilling of workers.

Amendment 181

Mélanie Disdier, Rachel Blom, Pál Szekeres, Marie Dauchy, Séverine Werbrouck

Proposal for a directive

Recital 16

Text proposed by the CommissionAmendment
(16) This Directive should apply to trainees in the Union who have an employment contract or employment relationship as defined by the law, collective agreements or practice in force in the Member States, with consideration to the case-law of the Court of Justice of the European Union. In its case law, the Court of Justice has established criteria for determining the status of a worker, which is to be based on a case-by-case-analysis.deleted

Or. fr

Justification

No EU text can be applied to trainees given their status as trainees, which falls within education and training policy i.e. the remit of the Member States. The concept of a trainee exists precisely to differentiate it from a ‘regular’ employment relationship.

Amendment 182

Chiara Gemma, Georgiana Teodorescu, Francesco Torselli, Mariateresa Vivaldini, Elena Donazzan

Proposal for a directive

Recital 16

Text proposed by the CommissionAmendment
(16) This Directive should apply to trainees in the Union who have an employment contract or employment relationship as defined by the law, collective agreements or practice in force in the Member States, with consideration to the case-law of the Court of Justice of the European Union. In its case law, the Court of Justice has established criteria for determining the status of a worker, which is to be based on a case-by-case-analysis.deleted

Or. en

Justification

It is essential to define the role of the trainee, clearly distinguishing him/her from the workers. Traineeships are not a form of employment, as their main objective is to enable the practical application of theoretical knowledge in a professional environment. For this reason, they must be considered separately from employment contracts. Having also regard to the different regulations existing in various Member States, we would like to avoid possible uncertainties and regulatory overlaps that tend to bring traineeship periods within the scope of employment relationships.

Amendment 183

Benedetta Scuderi

on behalf of the Greens/EFA Group

Proposal for a directive

Recital 16

Text proposed by the CommissionAmendment
(16) This Directive should apply to trainees in the Union who have an employment contract or employment relationship as defined by the law, collective agreements or practice in force in the Member States, with consideration to the case-law of the Court of Justice of the European Union. In its case law, the Court of Justice has established criteria for determining the status of a worker, which is to be based on a case-by-case-analysis.(16) This Directive lays down a common definition of traineeships and common rules to prevent abusive practices arising from fraudulent traineeships; The Directive therefore regulates the working conditions of the entry-level work undertaken by trainees during the traineeship period;

Or. en

Amendment 184

Angelika Winzig

Proposal for a directive

Recital 16

Text proposed by the CommissionAmendment
(16) This Directive should apply to trainees in the Union who have an employment contract or employment relationship as defined by the law, collective agreements or practice in force in the Member States, with consideration to the case-law of the Court of Justice of the European Union. In its case law, the Court of Justice has established criteria for determining the status of a worker, which is to be based on a case-by-case-analysis.(16) This Directive should apply to open-market traineeships in the Union, as defined by national law, collective agreements or established practice in the respective Member States, with due regard to the case-law of the Court of Justice of the European Union. It is for the Member States to determine, in accordance with their national systems, whether and to what extent a traineeship constitutes an employment relationship. The case-law of the Court of Justice may serve as a reference where relevant, bearing in mind that the determination of worker status is based on a case-by-case analysis of the factual elements.

Or. en

Justification

This recital clarifies that the definition and legal classification of traineeships remain a national competence. It respects the diversity of legal and labour market systems in the Union while acknowledging the relevance of the Court’s case-law as interpretative guidance, not as a binding definition.

Amendment 185

Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg

Proposal for a directive

Recital 16

Text proposed by the CommissionAmendment
(16) This Directive should apply to trainees in the Union who have an employment contract or employment relationship as defined by the law, collective agreements or practice in force in the Member States, with consideration to the case-law of the Court of Justice of the European Union. In its case law, the Court of Justice has established criteria for determining the status of a worker, which is to be based on a case-by-case-analysis.(16) This Directive should apply to all trainees in the Union undertaking a traineeship which is not part of curricula of formal education and training including apprenticeships. In its case law, the Court of Justice has established criteria for determining the status of a worker, which is to be based on a case-by-case-analysis.

Or. en

Amendment 186

David Casa

Proposal for a directive

Recital 16

Text proposed by the CommissionAmendment
(16) This Directive should apply to trainees in the Union who have an employment contract or employment relationship as defined by the law, collective agreements or practice in force in the Member States, with consideration to the case-law of the Court of Justice of the European Union. In its case law, the Court of Justice has established criteria for determining the status of a worker, which is to be based on a case-by-case-analysis.(16) This Directive should apply to trainees undertaking open market traineeships in the Union who have an employment contract or employment relationship as defined by the law, collective agreements or practice in force in the Member States, with consideration to the case-law of the Court of Justice of the European Union. In its case law, the Court of Justice has established criteria for determining the status of a worker, which is to be based on a case-by-case-analysis.

Or. en

Amendment 187

Isabelle Le Callennec

Proposal for a directive

Recital 16

Text proposed by the CommissionAmendment
(16) This Directive should apply to trainees in the Union who have an employment contract or employment relationship as defined by the law, collective agreements or practice in force in the Member States, with consideration to the case-law of the Court of Justice of the European Union. In its case law, the Court of Justice has established criteria for determining the status of a worker, which is to be based on a case-by-case-analysis.(16) This Directive should apply to open labour market trainees in the Union who have an employment contract or employment relationship as defined by the law, collective agreements or practice in force in the Member States, with consideration to the case-law of the Court of Justice of the European Union. In its case law, the Court of Justice has established criteria for determining the status of a worker, which is to be based on a case-by-case-analysis.

Or. fr

Amendment 188

Andrea Wechsler

Proposal for a directive

Recital 16

Text proposed by the CommissionAmendment
(16) This Directive should apply to trainees in the Union who have an employment contract or employment relationship as defined by the law, collective agreements or practice in force in the Member States, with consideration to the case-law of the Court of Justice of the European Union. In its case law, the Court of Justice has established criteria for determining the status of a worker, which is to be based on a case-by-case-analysis.(16) This Directive should apply to open-market trainees in the Union who have an employment contract or employment relationship as defined by the law, collective agreements or practice in force in the Member States, with consideration to the case-law of the Court of Justice of the European Union. In its case law, the Court of Justice has established criteria for determining the status of a worker, which is to be based on a case-by-case-analysis.

Or. en

Amendment 189

Arba Kokalari, Henrik Dahl

Proposal for a directive

Recital 16

Text proposed by the CommissionAmendment
(16) This Directive should apply to trainees in the Union who have an employment contract or employment relationship as defined by the law, collective agreements or practice in force in the Member States, with consideration to the case-law of the Court of Justice of the European Union. In its case law, the Court of Justice has established criteria for determining the status of a worker, which is to be based on a case-by-case-analysis.(16) This Directive should apply to open-market trainees in the Union who have an employment contract or employment relationship as defined by the law, collective agreements or practice in force in the Member States, with consideration to the case-law of the Court of Justice of the European Union. In its case law, the Court of Justice has established criteria for determining the status of a worker, which is to be based on a case-by-case-analysis.

Or. en

Amendment 190

Henrik Dahl

Proposal for a directive

Recital 16 a (new)

Text proposed by the CommissionAmendment
(16a) This Directive defines traineeships as Open-market traineeships1a, which are 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;
1a eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52016SC0324&

Or. en

Justification

This directive proposal should only cover OMT’s, cf. above. The definition of OMT should be clear and in accordance with the definition laid out in the Quality Framework for Traineeships Open-market traineeships, in conjunction with QFT (European Commission, 2014), are defined as non-mandatory, bilateral, and private agreements between a trainee and an employer. They are without any formal connection to education or training. Their many beneficiaries are students, graduates, or employees seeking practical training on the job, but also employers can benefit.

Amendment 191

Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi

Proposal for a directive

Recital 16 a (new)

Text proposed by the CommissionAmendment
(16a) This Directive defines traineeships as a limited period of entry-level work aiming to provide practical and professional skills through significant training to facilitate the transition to stable employment or accessing a profession, based on a written contract between the trainee and the traineeship provider, which is paid in accordance with Directive (EU) 2022/2041.

Or. en

Amendment 192

Benedetta Scuderi

on behalf of the Greens/EFA Group

Proposal for a directive

Recital 16 a (new)

Text proposed by the CommissionAmendment
(16a) This Directive defines traineeships as a limited period of entry-level work aiming to provide practical and professional skills through significant training to facilitate the transition to stable employment or accessing a profession, based on a written contract between the trainee and the traineeship provider.

Or. en

Amendment 193

Benedetta Scuderi

on behalf of the Greens/EFA Group

Proposal for a directive

Recital 16 b (new)

Text proposed by the CommissionAmendment
(16b) This Directive ensures that the principle of non-discrimination pursuant to Article 21 of the Charter as well as Directive 2006/54/EC of the European Parliament and of the Council1a, Council Directive 2000/43/EC1b and Directive 2000/78/EC, apply to traineeships, in respect of access to traineeships and the working conditions including pay. This addresses concerns concerning the discriminatory implications of traineeships and promotes the inclusivity of traineeships.

Or. en

Amendment 194

Henrik Dahl

Proposal for a directive

Recital 16 b (new)

Text proposed by the CommissionAmendment
(16b) This Directive shall not apply to other traineeships, such as: (a) vocational education and training relationships, (b) apprenticeships, (c) traineeships which are carried out within the framework of formal education, (d) traineeships that are obligatory in order to achieve a specific degree or qualification and to professional traineeships as defined in Directive 2005/36/EC, nor to (e) traineeships within active labour market policies.

Or. en

Justification

To create further clarity, a new recital 16b is useful to underline the types of traineeships exempted from the directive scope.

Amendment 195

Benedetta Scuderi

on behalf of the Greens/EFA Group

Proposal for a directive

Recital 16 c (new)

Text proposed by the CommissionAmendment
(16c) Member States should also promote increased access to traineeships for trainees from vulnerable backgrounds, including those with disabilities, by ensuring that workplaces are adapted to be accessible to trainees with disabilities.

Or. en

Amendment 196

Isabelle Le Callennec

Proposal for a directive

Recital 17

Text proposed by the CommissionAmendment
(17) Work-based learning programmes falling under the definition of traineeship vary significantly across Member States. Hence, apprenticeships may fall within the scope of this Directive, insofar as apprentices fall under the notion of ‘worker’ as defined by the law, collective agreements or practices in force in the Member States, with consideration to the case-law of the Court of Justice of the European Union.deleted

Or. fr

Amendment 197

Jagna Marczułajtis-Walczak

Proposal for a directive

Recital 17

Text proposed by the CommissionAmendment
(17) Work-based learning programmes falling under the definition of traineeship vary significantly across Member States. Hence, apprenticeships may fall within the scope of this Directive, insofar as apprentices fall under the notion of ‘worker’ as defined by the law, collective agreements or practices in force in the Member States, with consideration to the case-law of the Court of Justice of the European Union.deleted

Or. en

Amendment 198

Andrea Wechsler

Proposal for a directive

Recital 17

Text proposed by the CommissionAmendment
(17) Work-based learning programmes falling under the definition of traineeship vary significantly across Member States. Hence, apprenticeships may fall within the scope of this Directive, insofar as apprentices fall under the notion of ‘worker’ as defined by the law, collective agreements or practices in force in the Member States, with consideration to the case-law of the Court of Justice of the European Union.deleted

Or. en

Amendment 199

David Casa

Proposal for a directive

Recital 17

Text proposed by the CommissionAmendment
(17) Work-based learning programmes falling under the definition of traineeship vary significantly across Member States. Hence, apprenticeships may fall within the scope of this Directive, insofar as apprentices fall under the notion of ‘worker’ as defined by the law, collective agreements or practices in force in the Member States, with consideration to the case-law of the Court of Justice of the European Union.deleted

Or. en

Justification

There should be a distinction between open market traineeships and traineeships provided in the context of vocational education and training.

Amendment 200

Angelika Winzig

Proposal for a directive

Recital 17

Text proposed by the CommissionAmendment
(17) Work-based learning programmes falling under the definition of traineeship vary significantly across Member States. Hence, apprenticeships may fall within the scope of this Directive, insofar as apprentices fall under the notion of ‘worker’ as defined by the law, collective agreements or practices in force in the Member States, with consideration to the case-law of the Court of Justice of the European Union.(17) Work-based learning programmes falling under the definition of traineeship vary significantly across Member States.

Or. en

Amendment 201

Chiara Gemma, Georgiana Teodorescu, Francesco Torselli, Mariateresa Vivaldini, Elena Donazzan

Proposal for a directive

Recital 17

Text proposed by the CommissionAmendment
(17) Work-based learning programmes falling under the definition of traineeship vary significantly across Member States. Hence, apprenticeships may fall within the scope of this Directive, insofar as apprentices fall under the notion of ‘worker’ as defined by the law, collective agreements or practices in force in the Member States, with consideration to the case-law of the Court of Justice of the European Union.(17) Work-based learning programmes falling under the definition of traineeship vary significantly across Member States. Hence, traineeships in the framework of formal education and training, apprenticeships and traineeships in the framework of active labour market policies do not fall within the scope of this Directive. The scope of the Directive is limited to open market traineeships.

Or. en

Justification

Traineeships have a purely educational and job-orientation purpose, and cannot therefore be considered a work activity. Traineeships 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. We would like to avoid extending the scope of the Directive to include apprentices. Apprenticeships and traineeships are based on very different approaches to experiential learning, with different objectives and regulations already well defined in the Member States.

Amendment 202

Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg

Proposal for a directive

Recital 17

Text proposed by the CommissionAmendment
(17) Work-based learning programmes falling under the definition of traineeship vary significantly across Member States. Hence, apprenticeships may fall within the scope of this Directive, insofar as apprentices fall under the notion of ‘worker’ as defined by the law, collective agreements or practices in force in the Member States, with consideration to the case-law of the Court of Justice of the European Union.(17) Work-based learning programmes falling under the definition of traineeship vary significantly across Member States. For the purposes of this Directive, all traineeships which are not part of curricula of formal education and training should be covered. Such traineeships can include open-market traineeships, traineeships in the context of active labour market policies and traineeships that are a mandatory part of professional training.

Or. en

Amendment 203

Arba Kokalari

Proposal for a directive

Recital 17

Text proposed by the CommissionAmendment
(17) Work-based learning programmes falling under the definition of traineeship vary significantly across Member States. Hence, apprenticeships may fall within the scope of this Directive, insofar as apprentices fall under the notion of ‘worker’ as defined by the law, collective agreements or practices in force in the Member States, with consideration to the case-law of the Court of Justice of the European Union.(17) Work-based learning programmes falling under the definition of traineeship vary significantly across Member States. Hence, traineeships in the framework of formal education or training, apprenticeships and traineeships in the framework of active labour market policies do not fall within the scope of this Directive. The scope of the directive is limited to open-market traineeships.

Or. en

Amendment 204

Mélanie Disdier, Rachel Blom, Pál Szekeres, Marie Dauchy, Séverine Werbrouck

Proposal for a directive

Recital 17

Text proposed by the CommissionAmendment
(17) Work-based learning programmes falling under the definition of traineeship vary significantly across Member States. Hence, apprenticeships may fall within the scope of this Directive, insofar as apprentices fall under the notion of ‘worker’ as defined by the law, collective agreements or practices in force in the Member States, with consideration to the case-law of the Court of Justice of the European Union.(17) Work-based learning programmes falling under the definition of traineeship vary significantly across Member States. An apprenticeship is a different concept and different rules apply than for a traineeship. Apprenticeships may not fall within the scope of this Directive, insofar as apprentices fall under the notion of ‘worker’ as defined by the law, collective agreements or practices in force in the Member States, with consideration to the case-law of the Court of Justice of the European Union.

Or. fr

Justification

A traineeship and an apprenticeship are two different concepts. For apprenticeships, wages are to be paid in exchange for the tasks and responsibilities that are required of the apprentice. While a traineeship can take place as early as in secondary school, apprenticeships begin later, and rarely before higher education.

Amendment 205

Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg

Proposal for a directive

Recital 17 a (new)

Text proposed by the CommissionAmendment
(17a) Chapter III of the Directive establishes provisions to ensure the quality and accessibility of traineeships. It sets out the minimum quality criteria to be included in a written traineeship agreement as well as requiring Member States to 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 206

Benedetta Scuderi

on behalf of the Greens/EFA Group

Proposal for a directive

Recital 18

Text proposed by the CommissionAmendment
(18) Chapter III of the Directive applies to regular employees who are falsely labelled as trainees, i.e. when employers label a regular employment relationship either as a traineeship which is not an employment relationship, or as a traineeship which does constitute an employment relationship, however with a lower level of pay or other working conditions than those which regular employees would be entitled to under Union or national law, collective agreements or practice.deleted

Or. en

Amendment 207

Mélanie Disdier, Rachel Blom, Pál Szekeres, Marie Dauchy, Séverine Werbrouck

Proposal for a directive

Recital 18

Text proposed by the CommissionAmendment
(18) Chapter III of the Directive applies to regular employees who are falsely labelled as trainees, i.e. when employers label a regular employment relationship either as a traineeship which is not an employment relationship, or as a traineeship which does constitute an employment relationship, however with a lower level of pay or other working conditions than those which regular employees would be entitled to under Union or national law, collective agreements or practice.(18) Chapter III of the Directive applies to regular employees who are falsely labelled as trainees, i.e. when employers label a regular employment relationship as a traineeship which is not an employment relationship.

Or. fr

Justification

A traineeship should not constitute an alternative employment relationship.

Amendment 208

Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg

Proposal for a directive

Recital 18

Text proposed by the CommissionAmendment
(18) Chapter III of the Directive applies to regular employees who are falsely labelled as trainees, i.e. when employers label a regular employment relationship either as a traineeship which is not an employment relationship, or as a traineeship which does constitute an employment relationship, however with a lower level of pay or other working conditions than those which regular employees would be entitled to under Union or national law, collective agreements or practice.(18) Chapter IV of the Directive applies to regular employees who are falsely labelled as trainees, i.e. when traineeship providers label a regular employment relationship as a traineeship in an effort to offer no remuneration or a lower level of pay or other working conditions than those which regular employees would be entitled to under Union or national law, collective agreements or practice.

Or. en

Amendment 209

Isabelle Le Callennec

Proposal for a directive

Recital 18

Text proposed by the CommissionAmendment
(18) Chapter III of the Directive applies to regular employees who are falsely labelled as trainees, i.e. when employers label a regular employment relationship either as a traineeship which is not an employment relationship, or as a traineeship which does constitute an employment relationship, however with a lower level of pay or other working conditions than those which regular employees would be entitled to under Union or national law, collective agreements or practice.(18) Chapter III of the Directive applies to regular employees who are falsely labelled as trainees, i.e. when employers label a regular employment relationship either as a traineeship which is not an employment relationship, or as a traineeship which does constitute an employment relationship, however with a lower level of remuneration or other working conditions than those which regular employees would be entitled to under Union or national law, collective agreements or practice.

Or. fr

Amendment 210

Andrea Wechsler

Proposal for a directive

Recital 18

Text proposed by the CommissionAmendment
(18) Chapter III of the Directive applies to regular employees who are falsely labelled as trainees, i.e. when employers label a regular employment relationship either as a traineeship which is not an employment relationship, or as a traineeship which does constitute an employment relationship, however with a lower level of pay or other working conditions than those which regular employees would be entitled to under Union or national law, collective agreements or practice.(18) Chapter III of the Directive applies to regular employees who are falsely labelled as open-market trainees, i.e. when employers label a regular employment relationship either as an open-market traineeship which is not an employment relationship, or as an open-market traineeship which does constitute an employment relationship, however with a lower level of pay or other working conditions than those which regular employees would be entitled to under Union or national law, collective agreements or practice.

Or. en

Amendment 211

Mélanie Disdier, Rachel Blom, Pál Szekeres, Marie Dauchy, Séverine Werbrouck

Proposal for a directive

Recital 19

Text proposed by the CommissionAmendment
(19) Traineeships which are employment relationships can be distinguished from ‘regular’ employment relationships in that they are limited in time, they include a significant learning and training component and that they are undertaken in order to gain practical and professional experience with a view to improving employability and facilitating transition to employment or accessing a profession.(19) Traineeships can be distinguished from ‘regular’ employment relationships in that they are set up with the sole aim of training a trainee by introducing them to the professional world in order to gain practical and professional experience with a view to improving employability and facilitating transition to employment or accessing a profession.

Or. fr

Justification

Employment relationships can also be limited in time. Learning and training are not just components but the very essence of a traineeship. A traineeship is not an employment relationship unless one considers, by the same token, pupils to be in employment relationships with their teachers.

Amendment 212

Benedetta Scuderi

on behalf of the Greens/EFA Group

Proposal for a directive

Recital 19

Text proposed by the CommissionAmendment
(19) Traineeships which are employment relationships can be distinguished from ‘regular’ employment relationships in that they are limited in time, they include a significant learning and training component and that they are undertaken in order to gain practical and professional experience with a view to improving employability and facilitating transition to employment or accessing a profession.(19) Traineeships, as defined in this Directive, necessarily entail the establishment of an employment relationship between the trainee and the traineeship provider and can be distinguished from other employment relationships in that they are limited in time, they include a significant learning and training component and that they are undertaken in order to gain practical and professional experience with a view to facilitating the transition to stable employment or accessing a profession.

Or. en

Amendment 213

Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg

Proposal for a directive

Recital 19

Text proposed by the CommissionAmendment
(19) Traineeships which are employment relationships can be distinguished from ‘regular’ employment relationships in that they are limited in time, they include a significant learning and training component and that they are undertaken in order to gain practical and professional experience with a view to improving employability and facilitating transition to employment or accessing a profession.(19) Traineeships can be distinguished from ‘regular’ employment relationships in that they are limited in time, they include a significant learning and training component and that they are undertaken in order to gain practical and professional experience with a view to improving employability and facilitating transition from education to employment or accessing a profession.

Or. en

Amendment 214

Andrea Wechsler

Proposal for a directive

Recital 19

Text proposed by the CommissionAmendment
(19) Traineeships which are employment relationships can be distinguished from ‘regular’ employment relationships in that they are limited in time, they include a significant learning and training component and that they are undertaken in order to gain practical and professional experience with a view to improving employability and facilitating transition to employment or accessing a profession.(19) Open-market traineeships which are employment relationships can be distinguished from ‘regular’ employment relationships in that they are limited in time, they include a significant learning and training component and that they are undertaken in order to gain practical and professional experience with a view to improving employability and facilitating transition to employment or accessing a profession.

Or. en

Amendment 215

Jagna Marczułajtis-Walczak

Proposal for a directive

Recital 19 a (new)

Text proposed by the CommissionAmendment
(19a) Vocational education and training (VET) has traditionally been a path towards quality jobs and fulfilling careers in middle skilled occupations. Fostering a strong link between VET and industry can ensure that training programs are aligned with the evolving needs of the labour market, thus enhancing employability and economic resilience. However, while internships are typically short-term experiences aimed at gaining first professional experience, VET programs are structured, formal educational pathways designed to equip individuals with comprehensive, job-ready skills.

Or. en

Justification

The goal is to highlight the difference between VET and internship.

Amendment 216

Andrea Wechsler

Proposal for a directive

Recital 20

Text proposed by the CommissionAmendment
(20) The principle of non-discrimination is suitable to combat abuses of traineeships, such as granting trainees less favourable working conditions or lower pay compared with regular employees without appropriate justification, and to ensure the sustainability of traineeships as a pathway to stable employment opportunities. It can also help make traineeships more accessible to groups of workers in a vulnerable situation.(20) Principles and recourse under national law are suitable to combat the disguise of regular employment relationships as open-market traineeships.

Or. en

Amendment 217

Mélanie Disdier, Rachel Blom, Pál Szekeres, Marie Dauchy

Proposal for a directive

Recital 20

Text proposed by the CommissionAmendment
(20) The principle of non-discrimination is suitable to combat abuses of traineeships, such as granting trainees less favourable working conditions or lower pay compared with regular employees without appropriate justification, and to ensure the sustainability of traineeships as a pathway to stable employment opportunities. It can also help make traineeships more accessible to groups of workers in a vulnerable situation.(20) The principle of non-discrimination cannot be used to combat abuses of traineeships by comparing the situation of a ‘regular’ worker to that of a trainee whose situation is different in terms of the regulatory framework and related obligations. However, the principle of non-discrimination can be applied among trainees, notably to ensure the sustainability of traineeships as a pathway to stable employment opportunities or to help make traineeships more accessible to groups of workers in a vulnerable situation.

Or. fr

Amendment 218

Isabelle Le Callennec

Proposal for a directive

Recital 20

Text proposed by the CommissionAmendment
(20) The principle of non-discrimination is suitable to combat abuses of traineeships, such as granting trainees less favourable working conditions or lower pay compared with regular employees without appropriate justification, and to ensure the sustainability of traineeships as a pathway to stable employment opportunities. It can also help make traineeships more accessible to groups of workers in a vulnerable situation.(20) The principle of non-discrimination is suitable to combat abuses of open labour market traineeships, such as granting trainees less favourable working conditions or lower remuneration compared with the pay of regular employees without appropriate justification, and to ensure the sustainability of open labour market traineeships as a pathway to stable employment opportunities. It can also help make open labour market traineeships more accessible to groups of workers in a vulnerable situation.

Or. fr

Amendment 219

Miriam Lexmann

Proposal for a directive

Recital 20

Text proposed by the CommissionAmendment
(20) The principle of non-discrimination is suitable to combat abuses of traineeships, such as granting trainees less favourable working conditions or lower pay compared with regular employees without appropriate justification, and to ensure the sustainability of traineeships as a pathway to stable employment opportunities. It can also help make traineeships more accessible to groups of workers in a vulnerable situation.(20) The principle of non-discrimination is suitable to combat exploitative practices in traineeships, such as granting trainees less favourable working conditions or lower compensation compared with regular employees without appropriate justification, and to ensure the sustainability of traineeships as a pathway to stable employment opportunities. It can also help make traineeships more accessible to vulnerable workers, such as workers with disabilities or those coming from disadvantaged background.

Or. en

Amendment 220

Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg

Proposal for a directive

Recital 20

Text proposed by the CommissionAmendment
(20) The principle of non-discrimination is suitable to combat abuses of traineeships, such as granting trainees less favourable working conditions or lower pay compared with regular employees without appropriate justification, and to ensure the sustainability of traineeships as a pathway to stable employment opportunities. It can also help make traineeships more accessible to groups of workers in a vulnerable situation.(20) The principle of non-discrimination is suitable to combat abuses of traineeships, such as granting trainees less favourable working conditions or lower pay compared with regular employees without appropriate justification, and to ensure the sustainability of traineeships as a pathway to stable employment opportunities. It can also help make traineeships more accessible to groups of workers who are further removed from the labour market .

Or. en

Amendment 221

Benedetta Scuderi

on behalf of the Greens/EFA Group

Proposal for a directive

Recital 20

Text proposed by the CommissionAmendment
(20) The principle of non-discrimination is suitable to combat abuses of traineeships, such as granting trainees less favourable working conditions or lower pay compared with regular employees without appropriate justification, and to ensure the sustainability of traineeships as a pathway to stable employment opportunities. It can also help make traineeships more accessible to groups of workers in a vulnerable situation.(20) The principle of non-discrimination is suitable to combat abusive practices in traineeships, such as granting trainees less favourable working conditions or lower pay compared with other employees without appropriate justification, and to ensure the sustainability of traineeships as a pathway to stable employment opportunities. It can also help make traineeships more accessible to groups of workers in a vulnerable situation.

Or. en

Amendment 222

Mélanie Disdier, Rachel Blom, Pál Szekeres, Marie Dauchy, Séverine Werbrouck

Proposal for a directive

Recital 21

Text proposed by the CommissionAmendment
(21) It is therefore necessary to lay down the principle of non-discrimination for trainees which should apply in addition to Clause 4 of the Annex to the Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP, which provides that in respect of employment conditions, fixed-term workers are not to be treated in a less favourable manner than comparable permanent workers solely because they have a fixed-term contract or relation unless different treatment is justified on objective grounds. Trainees who have an employment relationship are by definition ‘fixed-term workers’ within the meaning of that Directive. Its clause on the principle of non-discrimination, however, does not allow for comparison with other fixed-term workers. Moreover, Clause 2 (2) of the Annex to that Directive allows Member States to exclude certain types of workers from its scope, including initial vocational training relationships and apprenticeship schemes or employment contracts and relationships which have been concluded within the framework of a specific public or publicly supported training, integration and vocational retraining programme. It also fails to recognise the particularly vulnerable position that trainees are in. It is therefore necessary to guarantee that the principle of equal treatment compared to regular employees applies to all trainees who have an employment relationship.deleted

Or. fr

Justification

Workers’ rights do not apply to trainees.

Amendment 223

Chiara Gemma, Georgiana Teodorescu, Francesco Torselli, Mariateresa Vivaldini, Elena Donazzan

Proposal for a directive

Recital 21

Text proposed by the CommissionAmendment
(21) It is therefore necessary to lay down the principle of non-discrimination for trainees which should apply in addition to Clause 4 of the Annex to the Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP, which provides that in respect of employment conditions, fixed-term workers are not to be treated in a less favourable manner than comparable permanent workers solely because they have a fixed-term contract or relation unless different treatment is justified on objective grounds. Trainees who have an employment relationship are by definition ‘fixed-term workers’ within the meaning of that Directive. Its clause on the principle of non-discrimination, however, does not allow for comparison with other fixed-term workers. Moreover, Clause 2 (2) of the Annex to that Directive allows Member States to exclude certain types of workers from its scope, including initial vocational training relationships and apprenticeship schemes or employment contracts and relationships which have been concluded within the framework of a specific public or publicly supported training, integration and vocational retraining programme. It also fails to recognise the particularly vulnerable position that trainees are in. It is therefore necessary to guarantee that the principle of equal treatment compared to regular employees applies to all trainees who have an employment relationship.deleted

Or. en

Justification

Traineeships cannot be assimilated to fixed-term employment relationships. The consequences of such a juxtaposition would entail a substantial and onerous assimilation between two completely different devices: the fixed-term relationship as a real employment contract and the traineeship, as a tool for guiding young people closer to the business world. The extension of the scope of the Directive to fixed-term contracts would create legal uncertainty at national level and undermine the good practice of this contractual institution.

Amendment 224

Arba Kokalari

Proposal for a directive

Recital 21

Text proposed by the CommissionAmendment
(21) It is therefore necessary to lay down the principle of non-discrimination for trainees which should apply in addition to Clause 4 of the Annex to the Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP, which provides that in respect of employment conditions, fixed-term workers are not to be treated in a less favourable manner than comparable permanent workers solely because they have a fixed-term contract or relation unless different treatment is justified on objective grounds. Trainees who have an employment relationship are by definition ‘fixed-term workers’ within the meaning of that Directive. Its clause on the principle of non-discrimination, however, does not allow for comparison with other fixed-term workers. Moreover, Clause 2 (2) of the Annex to that Directive allows Member States to exclude certain types of workers from its scope, including initial vocational training relationships and apprenticeship schemes or employment contracts and relationships which have been concluded within the framework of a specific public or publicly supported training, integration and vocational retraining programme. It also fails to recognise the particularly vulnerable position that trainees are in. It is therefore necessary to guarantee that the principle of equal treatment compared to regular employees applies to all trainees who have an employment relationship.deleted

Or. en

Justification

A traineeship is not the same as a fixed-term employment contract. A fixed-term contract is a real job, while a traineeship is designed to help young people enter the labour market. If fixed-term contracts were included in the same category as traineeships, it could lead to uncertainty and confusion in the law at the national level.

Amendment 225

Andrea Wechsler

Proposal for a directive

Recital 21

Text proposed by the CommissionAmendment
(21) It is therefore necessary to lay down the principle of non-discrimination for trainees which should apply in addition to Clause 4 of the Annex to the Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP, which provides that in respect of employment conditions, fixed-term workers are not to be treated in a less favourable manner than comparable permanent workers solely because they have a fixed-term contract or relation unless different treatment is justified on objective grounds. Trainees who have an employment relationship are by definition ‘fixed-term workers’ within the meaning of that Directive. Its clause on the principle of non-discrimination, however, does not allow for comparison with other fixed-term workers. Moreover, Clause 2 (2) of the Annex to that Directive allows Member States to exclude certain types of workers from its scope, including initial vocational training relationships and apprenticeship schemes or employment contracts and relationships which have been concluded within the framework of a specific public or publicly supported training, integration and vocational retraining programme. It also fails to recognise the particularly vulnerable position that trainees are in. It is therefore necessary to guarantee that the principle of equal treatment compared to regular employees applies to all trainees who have an employment relationship.deleted

Or. en

Amendment 226

Angelika Winzig

Proposal for a directive

Recital 21

Text proposed by the CommissionAmendment
(21) It is therefore necessary to lay down the principle of non-discrimination for trainees which should apply in addition to Clause 4 of the Annex to the Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP, which provides that in respect of employment conditions, fixed-term workers are not to be treated in a less favourable manner than comparable permanent workers solely because they have a fixed-term contract or relation unless different treatment is justified on objective grounds. Trainees who have an employment relationship are by definition ‘fixed-term workers’ within the meaning of that Directive. Its clause on the principle of non-discrimination, however, does not allow for comparison with other fixed-term workers. Moreover, Clause 2 (2) of the Annex to that Directive allows Member States to exclude certain types of workers from its scope, including initial vocational training relationships and apprenticeship schemes or employment contracts and relationships which have been concluded within the framework of a specific public or publicly supported training, integration and vocational retraining programme. It also fails to recognise the particularly vulnerable position that trainees are in. It is therefore necessary to guarantee that the principle of equal treatment compared to regular employees applies to all trainees who have an employment relationship.deleted

Or. en

Justification

The recital creates legal uncertainty by equating trainees with fixed-term workers, despite their distinct status. It risks interfering with national competences and is redundant, as the Directive already provides safeguards against unjustified unequal treatment.

Amendment 227

Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg

Proposal for a directive

Recital 21

Text proposed by the CommissionAmendment
(21) It is therefore necessary to lay down the principle of non-discrimination for trainees which should apply in addition to Clause 4 of the Annex to the Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP, which provides that in respect of employment conditions, fixed-term workers are not to be treated in a less favourable manner than comparable permanent workers solely because they have a fixed-term contract or relation unless different treatment is justified on objective grounds. Trainees who have an employment relationship are by definition ‘fixed-term workers’ within the meaning of that Directive. Its clause on the principle of non-discrimination, however, does not allow for comparison with other fixed-term workers. Moreover, Clause 2 (2) of the Annex to that Directive allows Member States to exclude certain types of workers from its scope, including initial vocational training relationships and apprenticeship schemes or employment contracts and relationships which have been concluded within the framework of a specific public or publicly supported training, integration and vocational retraining programme. It also fails to recognise the particularly vulnerable position that trainees are in. It is therefore necessary to guarantee that the principle of equal treatment compared to regular employees applies to all trainees who have an employment relationship.(21) It is therefore necessary to lay down the principle of non-discrimination for trainees which should apply in addition to Clause 4 of the Annex to the Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP, which provides that in respect of employment conditions, fixed-term workers are not to be treated in a less favourable manner than comparable permanent workers solely because they have a fixed-term contract or relation unless different treatment is justified on objective grounds. Trainees are by definition ‘fixed-term workers’ within the meaning of that Directive. Its clause on the principle of non-discrimination, however, does not allow for comparison with other fixed-term workers. Moreover, Clause 2 (2) of the Annex to that Directive allows Member States to exclude certain types of workers from its scope, including initial vocational training relationships and apprenticeship schemes or employment contracts and relationships which have been concluded within the framework of a specific public or publicly supported training, integration and vocational retraining programme. It also fails to recognise the particularly vulnerable position that trainees are in. It is therefore necessary to guarantee that the principle of equal treatment compared to regular employees applies to all trainees. Traineeship providers should also inform trainees about vacancies which become available in their organisation in order to ensure they have the same opportunity to secure permanent positions following completion of their traineeship.

Or. en

Amendment 228

Isabelle Le Callennec

Proposal for a directive

Recital 21

Text proposed by the CommissionAmendment
(21) It is therefore necessary to lay down the principle of non-discrimination for trainees which should apply in addition to Clause 4 of the Annex to the Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP, which provides that in respect of employment conditions, fixed-term workers are not to be treated in a less favourable manner than comparable permanent workers solely because they have a fixed-term contract or relation unless different treatment is justified on objective grounds. Trainees who have an employment relationship are by definition ‘fixed-term workers’ within the meaning of that Directive. Its clause on the principle of non-discrimination, however, does not allow for comparison with other fixed-term workers. Moreover, Clause 2 (2) of the Annex to that Directive allows Member States to exclude certain types of workers from its scope, including initial vocational training relationships and apprenticeship schemes or employment contracts and relationships which have been concluded within the framework of a specific public or publicly supported training, integration and vocational retraining programme. It also fails to recognise the particularly vulnerable position that trainees are in. It is therefore necessary to guarantee that the principle of equal treatment compared to regular employees applies to all trainees who have an employment relationship.(21) It is therefore necessary to lay down the principle of non-discrimination for open labour market trainees which should apply in addition to Clause 4 of the Annex to the Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP, which provides that in respect of employment conditions, fixed-term workers are not to be treated in a less favourable manner than comparable permanent workers solely because they have a fixed-term contract or relation unless different treatment is justified on objective grounds. Trainees who have an employment relationship are by definition ‘fixed-term workers’ within the meaning of that Directive. Its clause on the principle of non-discrimination, however, does not allow for comparison with other fixed-term workers. Moreover, Clause 2 (2) of the Annex to that Directive allows Member States to exclude certain types of workers from its scope, including initial vocational training relationships and apprenticeship schemes or employment contracts and relationships which have been concluded within the framework of a specific public or publicly supported training, integration and vocational retraining programme. It also fails to recognise the particularly vulnerable position that open labour market trainees are in. It is therefore necessary to guarantee that the principle of equal treatment compared to regular employees applies to all trainees who have an employment relationship.

Or. fr

Amendment 229

Benedetta Scuderi

on behalf of the Greens/EFA Group

Proposal for a directive

Recital 21

Text proposed by the CommissionAmendment
(21) It is therefore necessary to lay down the principle of non-discrimination for trainees which should apply in addition to Clause 4 of the Annex to the Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP, which provides that in respect of employment conditions, fixed-term workers are not to be treated in a less favourable manner than comparable permanent workers solely because they have a fixed-term contract or relation unless different treatment is justified on objective grounds. Trainees who have an employment relationship are by definition ‘fixed-term workers’ within the meaning of that Directive. Its clause on the principle of non-discrimination, however, does not allow for comparison with other fixed-term workers. Moreover, Clause 2 (2) of the Annex to that Directive allows Member States to exclude certain types of workers from its scope, including initial vocational training relationships and apprenticeship schemes or employment contracts and relationships which have been concluded within the framework of a specific public or publicly supported training, integration and vocational retraining programme. It also fails to recognise the particularly vulnerable position that trainees are in. It is therefore necessary to guarantee that the principle of equal treatment compared to regular employees applies to all trainees who have an employment relationship.(21) It is therefore necessary to lay down the principle of non-discrimination for trainees which should apply in addition to Clause 4 of the Annex to the Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP, which provides that in respect of employment conditions, fixed-term workers are not to be treated in a less favourable manner than comparable permanent workers solely because they have a fixed-term contract or relation unless different treatment is justified on objective grounds. Trainees, as defined in this Directive, have an employment relationship with their traineeship provider and are by definition ‘fixed-term workers’ within the meaning of that Directive. Its clause on the principle of non-discrimination, however, does not allow for comparison with other fixed-term workers. Moreover, Clause 2 (2) of the Annex to that Directive allows Member States to exclude certain types of workers from its scope, including initial vocational training relationships and apprenticeship schemes or employment contracts and relationships which have been concluded within the framework of a specific public or publicly supported training, integration and vocational retraining programme. It also fails to recognise the particularly vulnerable position that trainees are in. It is therefore necessary to guarantee that the principle of equal treatment compared to regular employees applies to all trainees.

Or. en

Amendment 230

Mélanie Disdier, Rachel Blom, Pál Szekeres, Marie Dauchy, Séverine Werbrouck

Proposal for a directive

Recital 22

Text proposed by the CommissionAmendment
(22) Member States should therefore 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. The sole fact of being a trainee cannot constitute grounds for less favourable treatment compared to regular employees in the same establishment. At the same time, different tasks, lower responsibilities or work intensity in relation to comparable regular employees may constitute objective grounds for different treatment, where relevant, with regard to the employment condition at issue. The extent of different treatment should, however, be proportionate to those grounds.deleted

Or. fr

Amendment 231

Andrea Wechsler

Proposal for a directive

Recital 22

Text proposed by the CommissionAmendment
(22) Member States should therefore 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. The sole fact of being a trainee cannot constitute grounds for less favourable treatment compared to regular employees in the same establishment. At the same time, different tasks, lower responsibilities or work intensity in relation to comparable regular employees may constitute objective grounds for different treatment, where relevant, with regard to the employment condition at issue. The extent of different treatment should, however, be proportionate to those grounds.deleted

Or. en

Amendment 232

Benedetta Scuderi

on behalf of the Greens/EFA Group

Proposal for a directive

Recital 22

Text proposed by the CommissionAmendment
(22) Member States should therefore 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. The sole fact of being a trainee cannot constitute grounds for less favourable treatment compared to regular employees in the same establishment. At the same time, different tasks, lower responsibilities or work intensity in relation to comparable regular employees may constitute objective grounds for different treatment, where relevant, with regard to the employment condition at issue. The extent of different treatment should, however, be proportionate to those grounds.(22) Member States should therefore 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. The sole fact of being a trainee cannot constitute grounds for less favourable treatment compared to other employees in the same establishment.

Or. en

Amendment 233

Isabelle Le Callennec

Proposal for a directive

Recital 22

Text proposed by the CommissionAmendment
(22) Member States should therefore 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. The sole fact of being a trainee cannot constitute grounds for less favourable treatment compared to regular employees in the same establishment. At the same time, different tasks, lower responsibilities or work intensity in relation to comparable regular employees may constitute objective grounds for different treatment, where relevant, with regard to the employment condition at issue. The extent of different treatment should, however, be proportionate to those grounds.(22) Member States should therefore ensure that, in respect of working conditions including remuneration, 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. The sole fact of being an open labour market trainee cannot constitute grounds for less favourable treatment compared to regular employees in the same establishment. At the same time, different tasks, lower responsibilities or work intensity in relation to comparable regular employees may constitute objective grounds for different treatment, where relevant, with regard to the employment condition at issue. The extent of different treatment should, however, be proportionate to those grounds.

Or. fr

Amendment 234

Angelika Winzig

Proposal for a directive

Recital 22

Text proposed by the CommissionAmendment
(22) Member States should therefore 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. The sole fact of being a trainee cannot constitute grounds for less favourable treatment compared to regular employees in the same establishment. At the same time, different tasks, lower responsibilities or work intensity in relation to comparable regular employees may constitute objective grounds for different treatment, where relevant, with regard to the employment condition at issue. The extent of different treatment should, however, be proportionate to those grounds.(22) Member States should therefore ensure that, in respect of working 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. The sole fact of being a trainee cannot constitute grounds for less favourable treatment compared to regular employees in the same establishment. At the same time, different tasks, lower responsibilities, lower level of experience or work intensity in relation to comparable regular employees may constitute objective grounds for different treatment, where relevant, with regard to the employment condition at issue. The extent of different treatment should, however, be proportionate to those grounds.

Or. en

Amendment 235

Arba Kokalari

Proposal for a directive

Recital 22

Text proposed by the CommissionAmendment
(22) Member States should therefore 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. The sole fact of being a trainee cannot constitute grounds for less favourable treatment compared to regular employees in the same establishment. At the same time, different tasks, lower responsibilities or work intensity in relation to comparable regular employees may constitute objective grounds for different treatment, where relevant, with regard to the employment condition at issue. The extent of different treatment should, however, be proportionate to those grounds.(22) Member States should therefore 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. However, Member States should do this in consultation with the social partners and in a manner that respects the national labour market models. The sole fact of being a trainee cannot constitute grounds for less favourable treatment compared to regular employees in the same establishment. At the same time, different tasks, lower responsibilities, or work intensity in relation to comparable regular employees may constitute objective grounds for different treatment, where relevant, with regard to the employment conditions at issue. The extent of different treatment should, however, be proportionate to those grounds, taking into account the specificities of each Member State’s labour market system and collective bargaining frameworks.

Or. en

Amendment 236

Chiara Gemma, Georgiana Teodorescu, Francesco Torselli, Mariateresa Vivaldini, Elena Donazzan

Proposal for a directive

Recital 22

Text proposed by the CommissionAmendment
(22) Member States should therefore 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. The sole fact of being a trainee cannot constitute grounds for less favourable treatment compared to regular employees in the same establishment. At the same time, different tasks, lower responsibilities or work intensity in relation to comparable regular employees may constitute objective grounds for different treatment, where relevant, with regard to the employment condition at issue. The extent of different treatment should, however, be proportionate to those grounds.(22) Member States should therefore 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. The sole fact of being a trainee cannot constitute grounds for less favourable treatment compared to regular employees in the same establishment. At the same time, different tasks, lower responsibilities, educational objective of the traineeship or work intensity in relation to comparable regular employees may constitute objective grounds for different treatment, where relevant, with regard to the employment condition at issue. The extent of different treatment should, however, be proportionate to those grounds.

Or. en

Amendment 237

David Casa

Proposal for a directive

Recital 22

Text proposed by the CommissionAmendment
(22) Member States should therefore 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. The sole fact of being a trainee cannot constitute grounds for less favourable treatment compared to regular employees in the same establishment. At the same time, different tasks, lower responsibilities or work intensity in relation to comparable regular employees may constitute objective grounds for different treatment, where relevant, with regard to the employment condition at issue. The extent of different treatment should, however, be proportionate to those grounds.(22) Member States should therefore 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. The sole fact of being a trainee cannot constitute grounds for less favourable treatment compared to regular employees in the same establishment. At the same time, different tasks, lower responsibilities or work intensity in relation to comparable regular employees may constitute objective grounds for different treatment, where relevant, with regard to the employment condition at issue. The extent of different treatment should, however, be proportionate to those grounds.

Or. en

Amendment 238

Mélanie Disdier, Rachel Blom, Pál Szekeres, Marie Dauchy, Séverine Werbrouck

Proposal for a directive

Recital 23

Text proposed by the CommissionAmendment
(23) The application of the principle of non-discrimination requires the identification of a comparable regular employee engaged in the same or similar type of work or occupation as the trainee, due regard being given to qualifications and skills.deleted

Or. fr

Justification

One of the basic principles for applying the principle of non-discrimination is to have two people in a similar legal situation, which cannot be the case for a trainee and a regular worker.

Amendment 239

Andrea Wechsler

Proposal for a directive

Recital 23

Text proposed by the CommissionAmendment
(23) The application of the principle of non-discrimination requires the identification of a comparable regular employee engaged in the same or similar type of work or occupation as the trainee, due regard being given to qualifications and skills.deleted

Or. en

Amendment 240

Jagna Marczułajtis-Walczak

Proposal for a directive

Recital 23

Text proposed by the CommissionAmendment
(23) The application of the principle of non-discrimination requires the identification of a comparable regular employee engaged in the same or similar type of work or occupation as the trainee, due regard being given to qualifications and skills.deleted

Or. en

Justification

This clause may lead to excessive burdens for employers, which in turn may discourage them from hiring interns.

Amendment 241

Benedetta Scuderi

on behalf of the Greens/EFA Group

Proposal for a directive

Recital 23

Text proposed by the CommissionAmendment
(23) The application of the principle of non-discrimination requires the identification of a comparable regular employee engaged in the same or similar type of work or occupation as the trainee, due regard being given to qualifications and skills.(23) The application of the principle of non-discrimination requires the identification of a comparable employee engaged in the same or similar type of work or occupation as the trainee, due regard being given to qualifications and skills.

Or. en

Amendment 242

Isabelle Le Callennec

Proposal for a directive

Recital 23

Text proposed by the CommissionAmendment
(23) The application of the principle of non-discrimination requires the identification of a comparable regular employee engaged in the same or similar type of work or occupation as the trainee, due regard being given to qualifications and skills.(23) The application of the principle of non-discrimination requires the identification of a comparable regular employee engaged in the same or similar type of work or occupation as the open labour market trainee, due regard being given to qualifications and skills.

Or. fr

Amendment 243

Angelika Winzig

Proposal for a directive

Recital 23

Text proposed by the CommissionAmendment
(23) The application of the principle of non-discrimination requires the identification of a comparable regular employee engaged in the same or similar type of work or occupation as the trainee, due regard being given to qualifications and skills.(23) The application of the principle of non-discrimination requires the identification of a comparable regular employee engaged in the same or similar type of work or occupation as the trainee, due regard being given to qualifications, experience and skills.

Or. en

Amendment 244

Jagna Marczułajtis-Walczak

Proposal for a directive

Recital 23 a (new)

Text proposed by the CommissionAmendment
(23a) The EU and all Member States have signed and ratified the UN Convention on the Rights of Persons with Disabilities, which in Article 27 requires state parties to “enable persons with disabilities to have effective access to general technical and vocational guidance programmes, placement services and vocational and continuing training” and to “promote the acquisition by persons with disabilities of work experience in the open labour market”. Whereas many persons with disabilities in the EU are prevented from taking part in traineeships because the length of the work placements, combined with the lack of state subsidies to support persons with disabilities in traineeships, can make pose a financial disincentive to employers for taking on trainees with disabilities. And whereas young persons with disabilities themselves risk losing disability allowance and access to certain services once they begin traineeship, which can be hard to recuperate once the traineeship has ended.

Or. en

Amendment 245

Jagna Marczułajtis-Walczak

Proposal for a directive

Recital 23 b (new)

Text proposed by the CommissionAmendment
(23b) In light of the advancing trends in automation, digitalization, and the development of new technologies, including artificial intelligence, it is imperative to ensure adequate protection and equal access to high-quality internships for persons with disabilities.

Or. en

Amendment 246

Miriam Lexmann

Proposal for a directive

Recital 24

Text proposed by the CommissionAmendment
(24) Member States should have appropriate measures in place to combat regular employment relationships disguised as traineeships 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.(24) Member States should have appropriate measures in place to combat exploitative practices in traineeships, mainly false regular employment relationships disguised as traineeships.

Or. en

Amendment 247

Andrea Wechsler

Proposal for a directive

Recital 24

Text proposed by the CommissionAmendment
(24) Member States should have appropriate measures in place to combat regular employment relationships disguised as traineeships 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.(24) Member States should have appropriate measures in place to combat regular employment relationships disguised as traineeships with the effect of granting lower levels of protection than the worker concerned would be entitled to under Union or national law, collective agreements or practice.

Or. en

Amendment 248

Isabelle Le Callennec

Proposal for a directive

Recital 24

Text proposed by the CommissionAmendment
(24) Member States should have appropriate measures in place to combat regular employment relationships disguised as traineeships 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.(24) Member States should have appropriate measures in place to combat regular employment relationships disguised as traineeships with the effect of granting lower levels of protection, including working conditions and remuneration, than the worker concerned would be entitled to under Union or national law, collective agreements or practice.

Or. fr

Amendment 249

Benedetta Scuderi

on behalf of the Greens/EFA Group

Proposal for a directive

Recital 24

Text proposed by the CommissionAmendment
(24) Member States should have appropriate measures in place to combat regular employment relationships disguised as traineeships 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.(24) Member States should have appropriate measures in place to combat fraudulent traineeships disguised as traineeships 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 250

Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg

Proposal for a directive

Recital 24

Text proposed by the CommissionAmendment
(24) Member States should have appropriate measures in place to combat regular employment relationships disguised as traineeships 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.(24) Member States should have appropriate enforcement and corrective measures in place to combat regular employment relationships disguised as traineeships 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 251

Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg

Proposal for a directive

Recital 24 a (new)

Text proposed by the CommissionAmendment
(24a) Member States should encourage workers’ representatives and other relevant legal entities to allocate a designated person within such organisations, to serve as a first point of contact for trainees to seek advice on available remedies and supports in cases of suspected malpractice, poor working conditions, breaches of their rights or abusive practices. As such, they can provide additional oversight and play an important role in the enforcement and monitoring of this Directive.

Or. en

Amendment 252

Benedetta Scuderi

Proposal for a directive

Recital 24 a (new)

Text proposed by the CommissionAmendment
(24a) Member States should define an adequate level of pay that ensures a decent standard of living for the trainee and duly takes into account the living costs and the financial impact of inflation on it in order to avoid unequal access to traineeship opportunities for young people. In principle the pay given to trainees should not be lower than the minimum wage and/or collective agreements where relevant.

Or. en

Amendment 253

Isabelle Le Callennec

Proposal for a directive

Recital 25

Text proposed by the CommissionAmendment
(25) It is necessary to ensure effective controls and inspections conducted by competent authorities as they are essential to protect the rights of trainees and to combat regular employment relationships disguised as traineeships. They should be targeted to avoid the substitution of regular employment by disguised traineeships and to protect workers’ rights.deleted

Or. fr

Amendment 254

Andrea Wechsler

Proposal for a directive

Recital 25

Text proposed by the CommissionAmendment
(25) It is necessary to ensure effective controls and inspections conducted by competent authorities as they are essential to protect the rights of trainees and to combat regular employment relationships disguised as traineeships. They should be targeted to avoid the substitution of regular employment by disguised traineeships and to protect workers’ rights.deleted

Or. en

Amendment 255

Arba Kokalari, Henrik Dahl

Proposal for a directive

Recital 25

Text proposed by the CommissionAmendment
(25) It is necessary to ensure effective controls and inspections conducted by competent authorities as they are essential to protect the rights of trainees and to combat regular employment relationships disguised as traineeships. They should be targeted to avoid the substitution of regular employment by disguised traineeships and to protect workers’ rights.(25) It is necessary to ensure effective controls and inspections to ensure worker's rights. These controls should be carried out according to national practices, where the autonomy of the labour market and national systems are respected, in accordance with the subsidiarity principle.

Or. en

Amendment 256

Angelika Winzig

Proposal for a directive

Recital 25

Text proposed by the CommissionAmendment
(25) It is necessary to ensure effective controls and inspections conducted by competent authorities as they are essential to protect the rights of trainees and to combat regular employment relationships disguised as traineeships. They should be targeted to avoid the substitution of regular employment by disguised traineeships and to protect workers’ rights.(25) It is necessary to ensure that competent authorities can carry out effective and proportionate controls and inspections to protect the rights of trainees and to detect cases where traineeships are misused to circumvent regular employment relationships. Such measures should be targeted and risk-based, in order to prevent the systematic substitution of regular employment through traineeships. At the same time, Member States should ensure that the administrative burden for undertakings, in particular for small and medium-sized enterprises, remains as limited as possible.

Or. en

Justification

This recital ensures that the enforcement of traineeship rules remains effective while safeguarding proportionality. It avoids unnecessary administrative burden for employers and respects the principle of better regulation.

Amendment 257

Pierfrancesco Maran, Raffaele Topo, Brando Benifei, Cecilia Strada

Proposal for a directive

Recital 25

Text proposed by the CommissionAmendment
(25) It is necessary to ensure effective controls and inspections conducted by competent authorities as they are essential to protect the rights of trainees and to combat regular employment relationships disguised as traineeships. They should be targeted to avoid the substitution of regular employment by disguised traineeships and to protect workers’ rights.(25) It is necessary to ensure thorough data collection, as well as regular and effective controls and inspections conducted by competent authorities as they are essential to protect the rights of trainees and to combat abusive practises arising from the use of traineeships. These controls should cover a minimum number of traineeship providers in each Member State, and they should be targeted to avoid the substitution of stable employment by repeated traineeships and to protect trainees’ rights. All collected data should be standardised, comparable and shared in line with the principles of the Open Data Directive to identify trends, promote transparency, and support future policy improvements based on evidence.

Or. en

Amendment 258

Benedetta Scuderi

on behalf of the Greens/EFA Group

Proposal for a directive

Recital 25

Text proposed by the CommissionAmendment
(25) It is necessary to ensure effective controls and inspections conducted by competent authorities as they are essential to protect the rights of trainees and to combat regular employment relationships disguised as traineeships. They should be targeted to avoid the substitution of regular employment by disguised traineeships and to protect workers’ rights.(25) It is necessary to ensure effective controls and inspections conducted by competent authorities as they are essential to protect the rights of trainees and to combat abusive practices arising from fraudulent traineeships. They should be targeted to avoid the substitution of stable employment by fraudulent traineeships and to protect workers and trainees' rights.

Or. en

Amendment 259

Andrea Wechsler

Proposal for a directive

Recital 26

Text proposed by the CommissionAmendment
(26) The assessment whether a regular employment relationship is disguised as a traineeship should be based on the factual circumstances and not on the formal designation of the contractual relationship. In order to determine whether a regular employment relationship is disguised as a traineeship, competent authorities should perform an overall assessment of all relevant facts. In order to facilitate the assessment for competent authorities, key elements that would allow to make the distinction between a regular employment relationship and a disguised traineeship should be set out. The assessment of those elements should be performed on a case-by-case basis, taking due account of the circumstances of each specific case. Therefore, the elements referred to are indicative and non-exhaustive and without the necessity to meet a specific threshold.(26) The assessment whether a regular employment relationship is disguised as a traineeship should be based on the factual circumstances and not on the formal designation of the contractual relationship. In order to determine whether a regular employment relationship is disguised as a traineeship, an overall assessment of all relevant facts should be performed.

Or. en

Amendment 260

Benedetta Scuderi

on behalf of the Greens/EFA Group

Proposal for a directive

Recital 26

Text proposed by the CommissionAmendment
(26) The assessment whether a regular employment relationship is disguised as a traineeship should be based on the factual circumstances and not on the formal designation of the contractual relationship. In order to determine whether a regular employment relationship is disguised as a traineeship, competent authorities should perform an overall assessment of all relevant facts. In order to facilitate the assessment for competent authorities, key elements that would allow to make the distinction between a regular employment relationship and a disguised traineeship should be set out. The assessment of those elements should be performed on a case-by-case basis, taking due account of the circumstances of each specific case. Therefore, the elements referred to are indicative and non-exhaustive and without the necessity to meet a specific threshold.(26) The assessment whether stable employment is disguised as a traineeship should be based on both the content of the written contract between the trainee and the traineeship provider and the factual circumstances. In this respect competent authorities should perform an overall assessment of all relevant facts. In order to facilitate the assessment for competent authorities, key elements that would allow to make the distinction between a traineeship and a fraudulent traineeship should be set out. However, the elements referred to are indicative and non-exhaustive and without the necessity to meet a specific threshold.

Or. en

Amendment 261

Arba Kokalari, Henrik Dahl

Proposal for a directive

Recital 26

Text proposed by the CommissionAmendment
(26) The assessment whether a regular employment relationship is disguised as a traineeship should be based on the factual circumstances and not on the formal designation of the contractual relationship. In order to determine whether a regular employment relationship is disguised as a traineeship, competent authorities should perform an overall assessment of all relevant facts. In order to facilitate the assessment for competent authorities, key elements that would allow to make the distinction between a regular employment relationship and a disguised traineeship should be set out. The assessment of those elements should be performed on a case-by-case basis, taking due account of the circumstances of each specific case. Therefore, the elements referred to are indicative and non-exhaustive and without the necessity to meet a specific threshold.(26) The assessment of whether a regular employment relationship is disguised as a traineeship should be based on the factual circumstances, not the formal designation of the contractual relationship. In determining whether a regular employment relationship is disguised as a traineeship, Member States should apply their respective systems for assessing all relevant facts. Given the varying approaches to detecting such situations, it is important that these systems be respected in line with the subsidiarity principle. To assist in this assessment, key elements that distinguish a regular employment relationship from a disguised traineeship may be identified. These elements should be considered on a case-by-case basis, taking into account the specific circumstances of each case. Therefore, the elements referred to are indicative and non-exhaustive and without the necessity to meet a specific threshold.

Or. en

Amendment 262

Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg

Proposal for a directive

Recital 26

Text proposed by the CommissionAmendment
(26) The assessment whether a regular employment relationship is disguised as a traineeship should be based on the factual circumstances and not on the formal designation of the contractual relationship. In order to determine whether a regular employment relationship is disguised as a traineeship, competent authorities should perform an overall assessment of all relevant facts. In order to facilitate the assessment for competent authorities, key elements that would allow to make the distinction between a regular employment relationship and a disguised traineeship should be set out. The assessment of those elements should be performed on a case-by-case basis, taking due account of the circumstances of each specific case. Therefore, the elements referred to are indicative and non-exhaustive and without the necessity to meet a specific threshold.(26) The assessment whether a regular employment relationship is disguised as a traineeship should be based on the factual circumstances. In order to determine whether a regular employment relationship is disguised as a traineeship, competent authorities should perform an overall assessment of all relevant facts 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. In order to facilitate the assessment for competent authorities, key elements that would allow to make the distinction between a regular employment relationship and a disguised traineeship should be set out. The assessment of those elements should be performed on a case-by-case basis, taking due account of the circumstances of each specific case. Therefore, the elements referred to are indicative and non-exhaustive and without the necessity to meet a specific threshold.

Or. en

Amendment 263

Isabelle Le Callennec

Proposal for a directive

Recital 26

Text proposed by the CommissionAmendment
(26) The assessment whether a regular employment relationship is disguised as a traineeship should be based on the factual circumstances and not on the formal designation of the contractual relationship. In order to determine whether a regular employment relationship is disguised as a traineeship, competent authorities should perform an overall assessment of all relevant facts. In order to facilitate the assessment for competent authorities, key elements that would allow to make the distinction between a regular employment relationship and a disguised traineeship should be set out. The assessment of those elements should be performed on a case-by-case basis, taking due account of the circumstances of each specific case. Therefore, the elements referred to are indicative and non-exhaustive and without the necessity to meet a specific threshold.(26) The assessment whether a regular employment relationship is disguised as a traineeship should be based on the factual circumstances and not on the formal designation of the contractual relationship. In order to determine whether a regular employment relationship is disguised as a traineeship, competent authorities may perform an overall assessment of all relevant facts. In order to facilitate the assessment for competent authorities, key elements that would allow to make the distinction between a regular employment relationship and a disguised traineeship should be set out. The assessment of those elements should be performed on a case-by-case basis, taking due account of the circumstances of each specific case. Therefore, the elements referred to are indicative and non-exhaustive and without the necessity to meet a specific threshold.

Or. fr

Amendment 264

Jagna Marczułajtis-Walczak

Proposal for a directive

Recital 26 a (new)

Text proposed by the CommissionAmendment
(26a) While the appropriate duration of a traineeship may vary depending on its purpose and sector, in accordance with national law or practice, a duration of up to six months is generally considered sufficient to achieve its intended objectives. A significantly longer duration, particularly where multiple consecutive traineeships are conducted with the same provider, may raise concerns about the genuine nature of the traineeship and should be carefully assessed. However, in certain cases, a longer duration may be appropriate if it supports the purpose of the traineeship.

Or. en

Justification

A limitation on the duration of a traineeship is essential.

Amendment 265

Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg

Proposal for a directive

Recital 27

Text proposed by the CommissionAmendment
(27) Requiring previous work experience for a traineeship in the same or similar field of activity may not indicate a regular employment relationship disguised as a traineeship if the employer provides justification such as an equivalent period of previous work experiences being an alternative to having a degree in a certain field of activity or expertise.deleted

Or. en

Amendment 266

Benedetta Scuderi

on behalf of the Greens/EFA Group

Proposal for a directive

Recital 27

Text proposed by the CommissionAmendment
(27) Requiring previous work experience for a traineeship in the same or similar field of activity may not indicate a regular employment relationship disguised as a traineeship if the employer provides justification such as an equivalent period of previous work experiences being an alternative to having a degree in a certain field of activity or expertise.(27) Trainees shall not be requested previous work experience in the same field in order to access a traineeship in the same or similar field. Requiring previous work experience for a traineeship in the same or similar field of activity may indicate that stable employment is disguised as a traineeship.

Or. en

Justification

The above mentioned case displays the incorrect use of traineeship across the EU. Requesting previous work experience in the same field to access a traineeship in the same or similar field indicates the abusive practice of 'using' qualified trainees (who could easily access an entry level position and obtain a regular contract) to substitute regular workers.

Amendment 267

Isabelle Le Callennec

Proposal for a directive

Recital 27

Text proposed by the CommissionAmendment
(27) Requiring previous work experience for a traineeship in the same or similar field of activity may not indicate a regular employment relationship disguised as a traineeship if the employer provides justification such as an equivalent period of previous work experiences being an alternative to having a degree in a certain field of activity or expertise.(27) Requiring previous work experience for an open labour market traineeship in the same or similar field of activity may not indicate a regular employment relationship disguised as a traineeship if the employer provides justification such as an equivalent period of previous work experiences being an alternative to having a degree in a certain field of activity or expertise.

Or. fr

Amendment 268

Andrea Wechsler

Proposal for a directive

Recital 28

Text proposed by the CommissionAmendment
(28) When competent authorities carry out their analysis of the relevant facts to determine the existence of a regular employment relationship disguised as a traineeship, the information needed to perform this analysis might not always be easily accessible to them. In order to enable competent authorities to perform their tasks, employers should be obliged to provide them with the necessary information that lies in their control upon request of the competent authorities.deleted

Or. en

Amendment 269

Angelika Winzig

Proposal for a directive

Recital 28

Text proposed by the CommissionAmendment
(28) When competent authorities carry out their analysis of the relevant facts to determine the existence of a regular employment relationship disguised as a traineeship, the information needed to perform this analysis might not always be easily accessible to them. In order to enable competent authorities to perform their tasks, employers should be obliged to provide them with the necessary information that lies in their control upon request of the competent authorities.(28) When competent authorities assess whether a traineeship is in fact a disguised regular employment relationship, relevant information may not always be readily accessible to them. In order to enable authorities to carry out their tasks effectively, employers should be required to provide, upon request, only the information that is necessary and lies within their control. Member States should ensure that such obligations remain proportionate and do not place an undue administrative burden on undertakings, particularly small and medium-sized enterprises.

Or. en

Justification

This recital ensures that competent authorities can obtain relevant information without imposing disproportionate reporting obligations on employers, thereby maintaining a balanced and SME-friendly approach to enforcement.

Amendment 270

Benedetta Scuderi

on behalf of the Greens/EFA Group

Proposal for a directive

Recital 28

Text proposed by the CommissionAmendment
(28) When competent authorities carry out their analysis of the relevant facts to determine the existence of a regular employment relationship disguised as a traineeship, the information needed to perform this analysis might not always be easily accessible to them. In order to enable competent authorities to perform their tasks, employers should be obliged to provide them with the necessary information that lies in their control upon request of the competent authorities.(28) When competent authorities carry out their analysis of the relevant facts to determine the existence of stable employment disguised as a traineeship, the information needed to perform this analysis can be drawn both from the content of the written contract and the factual circumstances of the employment relationship in place. In order to enable competent authorities to perform their tasks, employers should be obliged to provide them with the necessary information that lies in their control upon request of the competent authorities.

Or. en

Amendment 271

Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg

Proposal for a directive

Recital 28

Text proposed by the CommissionAmendment
(28) When competent authorities carry out their analysis of the relevant facts to determine the existence of a regular employment relationship disguised as a traineeship, the information needed to perform this analysis might not always be easily accessible to them. In order to enable competent authorities to perform their tasks, employers should be obliged to provide them with the necessary information that lies in their control upon request of the competent authorities.(28) When competent authorities carry out their analysis of the relevant facts to determine the existence of a regular employment relationship disguised as a traineeship, the information needed to perform this analysis might not always be easily accessible to them. In order to enable competent authorities to perform their tasks, traineeship providers should be obliged to provide them with the necessary information that lies in their control upon request of the competent authorities. Such information should be provided without delay.

Or. en

Amendment 272

Jagna Marczułajtis-Walczak

Proposal for a directive

Recital 28

Text proposed by the CommissionAmendment
(28) When competent authorities carry out their analysis of the relevant facts to determine the existence of a regular employment relationship disguised as a traineeship, the information needed to perform this analysis might not always be easily accessible to them. In order to enable competent authorities to perform their tasks, employers should be obliged to provide them with the necessary information that lies in their control upon request of the competent authorities.(28) When competent authorities carry out their analysis of the relevant facts to determine the existence of a regular employment relationship disguised as a traineeship, the information needed to perform this analysis might not always be easily accessible to them. In order to enable competent authorities to perform their tasks, employers should be obliged to provide them with the necessary information that lies in their control upon request of the competent authorities. Ensuring access to such information is crucial to enable competent authorities to determine whether a traineeship is used in accordance with its intended purpose or whether it may constitute a false traineeship.

Or. en

Amendment 273

Isabelle Le Callennec

Proposal for a directive

Recital 28

Text proposed by the CommissionAmendment
(28) When competent authorities carry out their analysis of the relevant facts to determine the existence of a regular employment relationship disguised as a traineeship, the information needed to perform this analysis might not always be easily accessible to them. In order to enable competent authorities to perform their tasks, employers should be obliged to provide them with the necessary information that lies in their control upon request of the competent authorities.(28) When competent authorities carry out their analysis of the relevant facts to determine the existence of a regular employment relationship disguised as a traineeship, the information needed to perform this analysis might not always be easily accessible to them. In order to facilitate the work of the competent authorities, employers should be obliged to provide them with certain necessary information that lies in their control upon request of the competent authorities.

Or. fr

Amendment 274

Miriam Lexmann

Proposal for a directive

Recital 29

Text proposed by the CommissionAmendment
(29) Member States should have appropriate measures in place to facilitate the assessment of whether a purported traineeship genuinely constitutes a traineeship. This should include a time limit indicating excessive duration of a traineeship and of repeated, including consecutive, traineeships with the same employer. A reasonable maximum duration of traineeships should, in principle, not exceed six months, as stipulated in the 2014 Recommendation. However, Member States may provide that a longer duration can be justified if it is based on objective grounds. Examples of such exceptions could be traineeships whose completion is a mandatory requirement to access a specific profession, the trajectory of which to acquire the necessary knowledge, competences and experience warrants a longer traineeship experience. Certain traineeships that are part of active labour market policies aimed at the integration of persons in a vulnerable situation could also benefit from a longer duration. Some traineeships that are part of curricula of formal education or vocational education and training may have a longer duration for reasons linked to the curricula.(29) Member States should have appropriate measures in place to facilitate the assessment of whether a purported traineeship genuinely constitutes a traineeship.

Or. en

Amendment 275

Andrea Wechsler

Proposal for a directive

Recital 29

Text proposed by the CommissionAmendment
(29) Member States should have appropriate measures in place to facilitate the assessment of whether a purported traineeship genuinely constitutes a traineeship. This should include a time limit indicating excessive duration of a traineeship and of repeated, including consecutive, traineeships with the same employer. A reasonable maximum duration of traineeships should, in principle, not exceed six months, as stipulated in the 2014 Recommendation. However, Member States may provide that a longer duration can be justified if it is based on objective grounds. Examples of such exceptions could be traineeships whose completion is a mandatory requirement to access a specific profession, the trajectory of which to acquire the necessary knowledge, competences and experience warrants a longer traineeship experience. Certain traineeships that are part of active labour market policies aimed at the integration of persons in a vulnerable situation could also benefit from a longer duration. Some traineeships that are part of curricula of formal education or vocational education and training may have a longer duration for reasons linked to the curricula.(29) Member States should have appropriate measures in place to facilitate the assessment of whether a purported traineeship genuinely constitutes a traineeship.

Or. en

Amendment 276

Isabelle Le Callennec

Proposal for a directive

Recital 29

Text proposed by the CommissionAmendment
(29) Member States should have appropriate measures in place to facilitate the assessment of whether a purported traineeship genuinely constitutes a traineeship. This should include a time limit indicating excessive duration of a traineeship and of repeated, including consecutive, traineeships with the same employer. A reasonable maximum duration of traineeships should, in principle, not exceed six months, as stipulated in the 2014 Recommendation. However, Member States may provide that a longer duration can be justified if it is based on objective grounds. Examples of such exceptions could be traineeships whose completion is a mandatory requirement to access a specific profession, the trajectory of which to acquire the necessary knowledge, competences and experience warrants a longer traineeship experience. Certain traineeships that are part of active labour market policies aimed at the integration of persons in a vulnerable situation could also benefit from a longer duration. Some traineeships that are part of curricula of formal education or vocational education and training may have a longer duration for reasons linked to the curricula.(29) Member States should have appropriate measures in place to facilitate the assessment of whether a purported traineeship genuinely constitutes a traineeship. This should include a time limit indicating excessive duration of a traineeship and of repeated, including consecutive, traineeships with the same employer. A reasonable maximum duration of traineeships should, in principle, not exceed six months, as stipulated in the 2014 Recommendation. However, Member States may provide that a longer duration can be justified if it is based on objective grounds.

Or. fr

Amendment 277

Benedetta Scuderi

on behalf of the Greens/EFA Group

Proposal for a directive

Recital 29

Text proposed by the CommissionAmendment
(29) Member States should have appropriate measures in place to facilitate the assessment of whether a purported traineeship genuinely constitutes a traineeship. This should include a time limit indicating excessive duration of a traineeship and of repeated, including consecutive, traineeships with the same employer. A reasonable maximum duration of traineeships should, in principle, not exceed six months, as stipulated in the 2014 Recommendation. However, Member States may provide that a longer duration can be justified if it is based on objective grounds. Examples of such exceptions could be traineeships whose completion is a mandatory requirement to access a specific profession, the trajectory of which to acquire the necessary knowledge, competences and experience warrants a longer traineeship experience. Certain traineeships that are part of active labour market policies aimed at the integration of persons in a vulnerable situation could also benefit from a longer duration. Some traineeships that are part of curricula of formal education or vocational education and training may have a longer duration for reasons linked to the curricula.(29) Member States should have appropriate measures in place to determine the existence of fraudulent traineeship disguised a traineeship. This should include a minimum duration of the traineeship to be one month and a maximum duration to be six months. However, Member States may provide that a longer duration can be justified for the traineeships whose completion is a mandatory requirement to access a specific profession, the trajectory of which to acquire the necessary knowledge, competences and experience warrants a longer traineeship experience.

Or. en

Amendment 278

Arba Kokalari

Proposal for a directive

Recital 29

Text proposed by the CommissionAmendment
(29) Member States should have appropriate measures in place to facilitate the assessment of whether a purported traineeship genuinely constitutes a traineeship. This should include a time limit indicating excessive duration of a traineeship and of repeated, including consecutive, traineeships with the same employer. A reasonable maximum duration of traineeships should, in principle, not exceed six months, as stipulated in the 2014 Recommendation. However, Member States may provide that a longer duration can be justified if it is based on objective grounds. Examples of such exceptions could be traineeships whose completion is a mandatory requirement to access a specific profession, the trajectory of which to acquire the necessary knowledge, competences and experience warrants a longer traineeship experience. Certain traineeships that are part of active labour market policies aimed at the integration of persons in a vulnerable situation could also benefit from a longer duration. Some traineeships that are part of curricula of formal education or vocational education and training may have a longer duration for reasons linked to the curricula.(29) Member States should have appropriate measures in place to facilitate the identification of abusive practices arising from the use of traineeships. This should include a time limit indicating excessive duration of a traineeship and of repeated, including consecutive, traineeships with the same employer. A reasonable maximum duration of traineeships should, in principle, not exceed six months, as stipulated in the 2014 Recommendation. However, Member States may provide that a longer duration can be justified if it is based on objective grounds.

Or. en

Amendment 279

Angelika Winzig

Proposal for a directive

Recital 29

Text proposed by the CommissionAmendment
(29) Member States should have appropriate measures in place to facilitate the assessment of whether a purported traineeship genuinely constitutes a traineeship. This should include a time limit indicating excessive duration of a traineeship and of repeated, including consecutive, traineeships with the same employer. A reasonable maximum duration of traineeships should, in principle, not exceed six months, as stipulated in the 2014 Recommendation. However, Member States may provide that a longer duration can be justified if it is based on objective grounds. Examples of such exceptions could be traineeships whose completion is a mandatory requirement to access a specific profession, the trajectory of which to acquire the necessary knowledge, competences and experience warrants a longer traineeship experience. Certain traineeships that are part of active labour market policies aimed at the integration of persons in a vulnerable situation could also benefit from a longer duration. Some traineeships that are part of curricula of formal education or vocational education and training may have a longer duration for reasons linked to the curricula.(29) Member States should have appropriate measures in place to support the assessment of whether a traineeship genuinely constitutes a learning-oriented experience and not a disguised form of regular employment. In this context, Member States may establish indicative criteria or reference thresholds to help identify when the duration of a traineeship, or repeated — including consecutive — traineeships with the same employer, may be considered excessive. These criteria should take into account the nature, objectives and context of the traineeship, including sector-specific practices and national labour market realities. Where appropriate, Member States may allow for longer durations, provided that they are justified by objective grounds, such as legal or professional requirements, integration measures within active labour market policies, or the structure of formal education or vocational training programmes.

Or. en

Justification

This recital aligns with the amended article by avoiding rigid time limits and respecting national flexibility. It supports the goal of preventing abuse while acknowledging legitimate grounds for longer traineeships based on national systems, professional requirements, or educational structures.

Amendment 280

Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg

Proposal for a directive

Recital 29

Text proposed by the CommissionAmendment
(29) Member States should have appropriate measures in place to facilitate the assessment of whether a purported traineeship genuinely constitutes a traineeship. This should include a time limit indicating excessive duration of a traineeship and of repeated, including consecutive, traineeships with the same employer. A reasonable maximum duration of traineeships should, in principle, not exceed six months, as stipulated in the 2014 Recommendation. However, Member States may provide that a longer duration can be justified if it is based on objective grounds. Examples of such exceptions could be traineeships whose completion is a mandatory requirement to access a specific profession, the trajectory of which to acquire the necessary knowledge, competences and experience warrants a longer traineeship experience. Certain traineeships that are part of active labour market policies aimed at the integration of persons in a vulnerable situation could also benefit from a longer duration. Some traineeships that are part of curricula of formal education or vocational education and training may have a longer duration for reasons linked to the curricula.(29) Member States should have appropriate measures in place to facilitate the assessment of whether a purported traineeship genuinely constitutes a traineeship. This should include a time limit indicating excessive duration of a traineeship and of repeated, including consecutive, traineeships with the same traineeship provider. A reasonable maximum duration of traineeships should, in principle, not exceed six months, as stipulated in the 2014 Recommendation. However, Member States may provide that a longer duration or extension of the traineeship can be justified if it is based on objective grounds. Examples of such exceptions could be traineeships whose completion is a mandatory requirement to access a specific profession, the trajectory of which to acquire the necessary knowledge, competences and experience warrants a longer traineeship experience. Certain traineeships that are part of active labour market policies aimed at the integration of persons in a vulnerable situation could also benefit from a longer duration.

Or. en

Amendment 281

Chiara Gemma, Georgiana Teodorescu, Francesco Torselli, Mariateresa Vivaldini, Elena Donazzan

Proposal for a directive

Recital 29

Text proposed by the CommissionAmendment
(29) Member States should have appropriate measures in place to facilitate the assessment of whether a purported traineeship genuinely constitutes a traineeship. This should include a time limit indicating excessive duration of a traineeship and of repeated, including consecutive, traineeships with the same employer. A reasonable maximum duration of traineeships should, in principle, not exceed six months, as stipulated in the 2014 Recommendation. However, Member States may provide that a longer duration can be justified if it is based on objective grounds. Examples of such exceptions could be traineeships whose completion is a mandatory requirement to access a specific profession, the trajectory of which to acquire the necessary knowledge, competences and experience warrants a longer traineeship experience. Certain traineeships that are part of active labour market policies aimed at the integration of persons in a vulnerable situation could also benefit from a longer duration. Some traineeships that are part of curricula of formal education or vocational education and training may have a longer duration for reasons linked to the curricula.(29) Member States should have appropriate measures in place to facilitate the assessment of whether a purported traineeship genuinely constitutes a traineeship. This should include a time limit indicating excessive duration of a traineeship and of repeated, including consecutive, traineeships with the same employer. A reasonable maximum duration of traineeships should, in principle, not exceed six months, as stipulated in the 2014 Recommendation. However, Member States may provide that a longer duration can be justified if it is based on objective grounds, such as the complexity of the training program, sector-specific certification requirements, or integration of vulnerable groups into the labour market. Examples of such exceptions could be traineeships whose completion is a mandatory requirement to access a specific profession, the trajectory of which to acquire the necessary knowledge, competences and experience warrants a longer traineeship experience. Certain traineeships that are part of active labour market policies aimed at the integration of persons in a vulnerable situation could also benefit from a longer duration. Some traineeships that are part of curricula of formal education or vocational education and training may have a longer duration for reasons linked to the curricula.

Or. en

Amendment 282

Andrea Wechsler

Proposal for a directive

Recital 30

Text proposed by the CommissionAmendment
(30) The obligation for 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 could be fulfilled by including a link to a website containing this information.deleted

Or. en

Justification

In the light of necessary simplification employers should not be requested to publish above mentioned data but provide it on request.

Amendment 283

Arba Kokalari

Proposal for a directive

Recital 30

Text proposed by the CommissionAmendment
(30) The obligation for 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 could be fulfilled by including a link to a website containing this information.(30) Employers can fulfil the requirement to provide information related to the internship by providing a link to a website with relevant information. This should be done in accordance with national practices and collective agreements, where employers have the flexibility to adapt the information based on local conditions and contractual rules.

Or. en

Amendment 284

Raúl de la Hoz Quintano, Rosa Estaràs Ferragut, Maravillas Abadía Jover

Proposal for a directive

Recital 30

Text proposed by the CommissionAmendment
(30) The obligation for 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 could be fulfilled by including a link to a website containing this information.(30) Employers may include information on the expected tasks and working conditions in the vacancy notices and advertisements for traineeships by including a link to a website containing this information.

Or. es

Amendment 285

Isabelle Le Callennec

Proposal for a directive

Recital 30

Text proposed by the CommissionAmendment
(30) The obligation for 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 could be fulfilled by including a link to a website containing this information.(30) The obligation for employers to include information on social protection and learning and training elements in the vacancy notices and advertisements for traineeships could be fulfilled by including a link to a website containing this information.

Or. fr

Amendment 286

Angelika Winzig

Proposal for a directive

Recital 30

Text proposed by the CommissionAmendment
(30) The obligation for 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 could be fulfilled by including a link to a website containing this information.(30) The obligation for employers to include information on the expected tasks, working conditions, including compensation, social protection, learning and training elements in the vacancy notices and advertisements for traineeships could be fulfilled by including a link to a website containing this information.

Or. en

Amendment 287

Jagna Marczułajtis-Walczak

Proposal for a directive

Recital 30

Text proposed by the CommissionAmendment
(30) The obligation for 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 could be fulfilled by including a link to a website containing this information.(30) The obligation for employers to include information on the expected tasks, working conditions, including pay and social protection in the vacancy notices and advertisements for traineeships could be fulfilled by including a link to a website containing this information.

Or. en

Amendment 288

Benedetta Scuderi

on behalf of the Greens/EFA Group

Proposal for a directive

Recital 30

Text proposed by the CommissionAmendment
(30) The obligation for 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 could be fulfilled by including a link to a website containing this information.(30) The obligation for 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 vacancy notices and advertisements for traineeships could be fulfilled by providing a link to a website containing this information.

Or. en

Amendment 289

Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg

Proposal for a directive

Recital 30

Text proposed by the CommissionAmendment
(30) The obligation for 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 could be fulfilled by including a link to a website containing this information.(30) The obligation for traineeship providers 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 could be fulfilled by including a link to a website containing this information.

Or. en

Amendment 290

David Casa

Proposal for a directive

Recital 30

Text proposed by the CommissionAmendment
(30) The obligation for 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 could be fulfilled by including a link to a website containing this information.(30) The obligation for 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 could be fulfilled by including a link to a website containing this information.

Or. en

Amendment 291

Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg

Proposal for a directive

Recital 31

Text proposed by the CommissionAmendment
(31) In addition to this Directive, Member States should ensure full implementation and enforcement of the rights enshrined in the Union acquis applicable to trainees who have an employment relationship.deleted

Or. en

Amendment 292

Arba Kokalari

Proposal for a directive

Recital 31

Text proposed by the CommissionAmendment
(31) In addition to this Directive, Member States should ensure full implementation and enforcement of the rights enshrined in the Union acquis applicable to trainees who have an employment relationship.(31) In addition to this directive, Member States should ensure the implementation and enforcement of the rights established in the Union’s legal framework that apply to trainees with an employment relationship, in accordance with national legislation and practice, while respecting the agreed-upon labour market models and collective agreements

Or. en

Amendment 293

Benedetta Scuderi

on behalf of the Greens/EFA Group

Proposal for a directive

Recital 31

Text proposed by the CommissionAmendment
(31) In addition to this Directive, Member States should ensure full implementation and enforcement of the rights enshrined in the Union acquis applicable to trainees who have an employment relationship.(31) In addition to this Directive, Member States should ensure full implementation and enforcement of the rights enshrined in the Union acquis applicable to workers and trainees.

Or. en

Amendment 294

Pierfrancesco Maran, Raffaele Topo, Brando Benifei, Cecilia Strada

Proposal for a directive

Recital 31 a (new)

Text proposed by the CommissionAmendment
(31a) Member States should guarantee that traineeships are recognised as valid work experience in private and public recruitment processes including cross-border recognition within the EU.

Or. en

Amendment 295

Arba Kokalari

Proposal for a directive

Recital 33

Text proposed by the CommissionAmendment
(33) Trainees should have access to effective and impartial dispute resolution and a right to redress, including adequate compensation. Trainees should be informed about the redress mechanisms for the purpose of exercising their right to redress. Having regard to the fundamental nature of the right to effective legal protection, trainees should continue to enjoy such protection even after the end of the traineeship giving rise to an alleged breach of rights under this Directive and other relevant Union law applicable to workers.(33) Trainees should have access to effective and impartial dispute resolution and the right to review, including appropriate compensation. Trainees should be informed about the redress mechanisms for their right to such a review. Having regard the fundamental nature of the right to legal protection, trainees should continue to enjoy this protection even after their traineeship has ended. However, these rights and mechanisms should be adapted in accordance with each Member State's national labour market system and collective agreements to respect the labour market autonomy in place and subsidiarity principle

Or. en

Amendment 296

Raúl de la Hoz Quintano, Rosa Estaràs Ferragut, Maravillas Abadía Jover

Proposal for a directive

Recital 33

Text proposed by the CommissionAmendment
(33) Trainees should have access to effective and impartial dispute resolution and a right to redress, including adequate compensation. Trainees should be informed about the redress mechanisms for the purpose of exercising their right to redress. Having regard to the fundamental nature of the right to effective legal protection, trainees should continue to enjoy such protection even after the end of the traineeship giving rise to an alleged breach of rights under this Directive and other relevant Union law applicable to workers.(33) Trainees should have access to effective and impartial dispute resolution and be entitled, where appropriate, to adequate compensation. Trainees should be informed of their rights in this respect. Having regard to the fundamental nature of the right to effective legal protection, trainees should continue to enjoy such protection even after the end of the traineeship giving rise to an alleged breach of rights under this Directive and other relevant Union law applicable to workers.

Or. es

Amendment 297

Angelika Winzig

Proposal for a directive

Recital 33

Text proposed by the CommissionAmendment
(33) Trainees should have access to effective and impartial dispute resolution and a right to redress, including adequate compensation. Trainees should be informed about the redress mechanisms for the purpose of exercising their right to redress. Having regard to the fundamental nature of the right to effective legal protection, trainees should continue to enjoy such protection even after the end of the traineeship giving rise to an alleged breach of rights under this Directive and other relevant Union law applicable to workers.(33) Trainees should have access to effective and impartial dispute resolution and a right to redress, including adequate compensation. Trainees should be informed about the redress mechanisms for the purpose of exercising their right to redress. Having regard to the fundamental nature of the right to effective legal protection, trainees should continue to enjoy such protection even after the end of the traineeship giving rise to an alleged breach of rights under this Directive and other relevant Union law relevant to trainees.

Or. en

Amendment 298

Isabelle Le Callennec

Proposal for a directive

Recital 33

Text proposed by the CommissionAmendment
(33) Trainees should have access to effective and impartial dispute resolution and a right to redress, including adequate compensation. Trainees should be informed about the redress mechanisms for the purpose of exercising their right to redress. Having regard to the fundamental nature of the right to effective legal protection, trainees should continue to enjoy such protection even after the end of the traineeship giving rise to an alleged breach of rights under this Directive and other relevant Union law applicable to workers.(33) Open labour market trainees should have access to effective and impartial dispute resolution and a right to redress, including adequate compensation. Trainees should be informed about the redress mechanisms for the purpose of exercising their right to redress. Having regard to the fundamental nature of the right to effective legal protection, trainees should continue to enjoy such protection even after the end of the traineeship giving rise to an alleged breach of rights under this Directive and other relevant Union law applicable to workers.

Or. fr

Amendment 299

Andrea Wechsler

Proposal for a directive

Recital 34

Text proposed by the CommissionAmendment
(34) To provide a more effective level of protection of trainees, representatives of workers should be able to engage in proceedings in order to defend any of the rights and obligations arising from this Directive or from other Union law applicable to workers either on behalf or in support of one or several trainees.deleted

Or. en

Amendment 300

Arba Kokalari

Proposal for a directive

Recital 34

Text proposed by the CommissionAmendment
(34) To provide a more effective level of protection of trainees, representatives of workers should be able to engage in proceedings in order to defend any of the rights and obligations arising from this Directive or from other Union law applicable to workers either on behalf or in support of one or several trainees.(34) To provide a more effective level of protection for trainees, Member States may provide worker representatives the opportunity to participate in procedures to defend the rights and obligations arising from this directive or other relevant Union law applicable to workers. This should be done in a way that respects national labour market models and the role of social partners. Member States have the freedom to determine how this opportunity for worker representatives should be designed and implemented, taking into account their own legal systems and social dialogue.

Or. en

Amendment 301

Angelika Winzig

Proposal for a directive

Recital 34

Text proposed by the CommissionAmendment
(34) To provide a more effective level of protection of trainees, representatives of workers should be able to engage in proceedings in order to defend any of the rights and obligations arising from this Directive or from other Union law applicable to workers either on behalf or in support of one or several trainees.(34) To provide a more effective level of protection of trainees, representatives of workers should be able to engage in proceedings in order to defend any of the rights and obligations arising from this Directive or from other Union law relevant to trainees either on behalf or in support of one or several trainees.

Or. en

Amendment 302

Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg

Proposal for a directive

Recital 34

Text proposed by the CommissionAmendment
(34) To provide a more effective level of protection of trainees, representatives of workers should be able to engage in proceedings in order to defend any of the rights and obligations arising from this Directive or from other Union law applicable to workers either on behalf or in support of one or several trainees.(34) To provide a more effective level of protection of trainees, workers’ representatives should be able to engage in proceedings in order to defend any of the rights and obligations arising from this Directive or from other Union law applicable to workers either on behalf or in support of one or several trainees.

Or. en

Amendment 303

Benedetta Scuderi

on behalf of the Greens/EFA Group

Proposal for a directive

Recital 34

Text proposed by the CommissionAmendment
(34) To provide a more effective level of protection of trainees, representatives of workers should be able to engage in proceedings in order to defend any of the rights and obligations arising from this Directive or from other Union law applicable to workers either on behalf or in support of one or several trainees.(34) To provide a more effective level of protection of trainees, workers' representatives should be able to engage in proceedings in order to defend any of the rights and obligations arising from this Directive or from other Union law applicable to workers either on behalf or in support of one or several trainees.

Or. en

Amendment 304

Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi

Proposal for a directive

Recital 34

Text proposed by the CommissionAmendment
(34) To provide a more effective level of protection of trainees, representatives of workers should be able to engage in proceedings in order to defend any of the rights and obligations arising from this Directive or from other Union law applicable to workers either on behalf or in support of one or several trainees.(34) To provide a more effective level of protection of trainees, representatives and trade unions of workers should be able to engage in proceedings in order to defend any of the rights and obligations arising from this Directive or from other Union law applicable to workers either on behalf or in support of one or several trainees.

Or. en

Amendment 305

Chiara Gemma, Georgiana Teodorescu, Francesco Torselli, Mariateresa Vivaldini, Elena Donazzan

Proposal for a directive

Recital 34 a (new)

Text proposed by the CommissionAmendment
(34a) According to Commission data from 2023, approximately 26.8% of individuals aged 16 and over in the European Union reported having some form of disability. Given the EU's total population of around 448 million, this equates to roughly 120 million people with disabilities; people with disabilities still face barriers when accessing high-quality traineeships and finding employment on the open labour market;

Or. en

Amendment 306

Andrea Wechsler

Proposal for a directive

Recital 35

Text proposed by the CommissionAmendment
(35) Trainees should be provided with adequate judicial and administrative protection against any adverse treatment and consequences in reaction to any 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. In particular, trainees should be protected from dismissal or its equivalent and all preparations for dismissal or its equivalent for exercising the rights provided for in this Directive or in other Union law applicable to workers.(35) Trainees should be provided with adequate judicial and administrative protection against any adverse treatment and consequences in reaction to any 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.

Or. en

Amendment 307

Arba Kokalari

Proposal for a directive

Recital 35

Text proposed by the CommissionAmendment
(35) Trainees should be provided with adequate judicial and administrative protection against any adverse treatment and consequences in reaction to any 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. In particular, trainees should be protected from dismissal or its equivalent and all preparations for dismissal or its equivalent for exercising the rights provided for in this Directive or in other Union law applicable to workers.(35) Trainees should be provided with legal and administrative protection against any adverse treatment and consequences in reaction to any 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. This protection should be implemented by the Member States in a manner that respects their national legal systems and labour market models. Member States should have the freedom to design and implement this protection in accordance with their own labour market conditions and social dialogue, which may involve adapting specific measures and mechanisms to national needs and systems.

Or. en

Amendment 308

Angelika Winzig

Proposal for a directive

Recital 35

Text proposed by the CommissionAmendment
(35) Trainees should be provided with adequate judicial and administrative protection against any adverse treatment and consequences in reaction to any 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. In particular, trainees should be protected from dismissal or its equivalent and all preparations for dismissal or its equivalent for exercising the rights provided for in this Directive or in other Union law applicable to workers.(35) Trainees should be provided with adequate judicial and administrative protection against any adverse treatment and consequences in reaction to any 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. In particular, trainees should be protected from the termination of their traineeship or its equivalent and all preparations for the termination of the traineeship or its equivalent for exercising the rights provided for in this Directive or in other Union law relevant to trainees.

Or. en

Amendment 309

Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg

Proposal for a directive

Recital 35

Text proposed by the CommissionAmendment
(35) Trainees should be provided with adequate judicial and administrative protection against any adverse treatment and consequences in reaction to any 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. In particular, trainees should be protected from dismissal or its equivalent and all preparations for dismissal or its equivalent for exercising the rights provided for in this Directive or in other Union law applicable to workers.(35) Trainees should be provided with adequate judicial and administrative protection against any adverse treatment and consequences in reaction to any 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. In particular, trainees should be protected from dismissal or its equivalent and all preparations for dismissal or its equivalent for exercising the rights provided for in this Directive or in other Union law applicable to workers.

Or. en

Amendment 310

Benedetta Scuderi

on behalf of the Greens/EFA Group

Proposal for a directive

Recital 35

Text proposed by the CommissionAmendment
(35) Trainees should be provided with adequate judicial and administrative protection against any adverse treatment and consequences in reaction to any 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. In particular, trainees should be protected from dismissal or its equivalent and all preparations for dismissal or its equivalent for exercising the rights provided for in this Directive or in other Union law applicable to workers.(35) Trainees should be provided with adequate judicial and administrative protection against any adverse treatment and consequences in reaction to any 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. In particular, trainees should be protected from dismissal or its equivalent, such as withholding of an offer of future employment at the traineeship provider, and all preparations for dismissal or its equivalent for exercising the rights provided for in this Directive or in other Union law applicable to workers.

Or. en

Amendment 311

Isabelle Le Callennec

Proposal for a directive

Recital 35

Text proposed by the CommissionAmendment
(35) Trainees should be provided with adequate judicial and administrative protection against any adverse treatment and consequences in reaction to any 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. In particular, trainees should be protected from dismissal or its equivalent and all preparations for dismissal or its equivalent for exercising the rights provided for in this Directive or in other Union law applicable to workers.(35) Open labour market trainees should be provided with adequate judicial and administrative protection against any adverse treatment and consequences in reaction to any 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. In particular, open labour market trainees should be protected from dismissal or its equivalent and all preparations for dismissal or its equivalent for exercising the rights provided for in this Directive or in other Union law applicable to workers.

Or. fr

Amendment 312

Irena Joveva, Martin Hojsík, Jana Toom

Proposal for a directive

Recital 35 a (new)

Text proposed by the CommissionAmendment
(35a) The burden of proof with regard to establishing that there has been no dismissal or equivalent detriment on the grounds that trainees have exercised their rights provided for in this Directive, should fall on traineeship providers when trainees establish, before a court or other competent authority or body, facts from which it may be presumed that they have been dismissed, or have been subject to measures with equivalent effect, on such grounds. It should be possible for Member States not to apply that rule in proceedings, in which it would be for a court or other competent authority or body to investigate the facts, in particular in systems where dismissal has to be approved beforehand by such authority or body.

Or. en

Amendment 313

Andrea Wechsler

Proposal for a directive

Recital 36

Text proposed by the CommissionAmendment
(36) Member States should lay down rules on effective, proportionate and dissuasive penalties for cases of infringement of the rights provided for in the scope of this Directive. Penalties can include administrative and financial penalties, such as fines or the payment of compensation, as well as other types of penalties.deleted

Or. en

Amendment 314

Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg

Proposal for a directive

Recital 36

Text proposed by the CommissionAmendment
(36) Member States should lay down rules on effective, proportionate and dissuasive penalties for cases of infringement of the rights provided for in the scope of this Directive. Penalties can include administrative and financial penalties, such as fines or the payment of compensation, as well as other types of penalties.(36) Member States should lay down rules on effective, proportionate and dissuasive penalties for cases of infringement of the rights provided for in the scope of this Directive. Penalties can include administrative and financial penalties, such as fines or the payment of adequate compensation, as well as other types of penalties.

Or. en

Amendment 315

Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg

Proposal for a directive

Recital 36 a (new)

Text proposed by the CommissionAmendment
(36a) To ensure the effective monitoring and enforcement of this directive on Union and national level, Member States should ensure adequate and timely data collection on the quality of traineeships, particularly through establishing effective data collection tools to provide comparative data. As such data collection can pose challenges for traineeship providers, in particular micro and small enterprises, financial and practical support should be provided to them according to the Goals of 2020 SME Strategy under the NextGenerationEU1a as well as under current Multiannual Financial Framework (2021-2027).
1a COM(2023)0535 of 12.9.2023, SME Relief Package.

Or. en

Amendment 316

Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi

Proposal for a directive

Recital 36 a (new)

Text proposed by the CommissionAmendment
(36a) Member States should establish monitoring mechanisms to ensure that anti-harassment policies and procedures are being implemented effectively within the scope of traineeships.

Or. en

Amendment 317

Mélanie Disdier, Rachel Blom, Pál Szekeres, Marie Dauchy, Séverine Werbrouck

Proposal for a directive

Recital 37

Text proposed by the CommissionAmendment
(37) This Directive lays down minimum requirements, thus leaving untouched Member States’ prerogative to introduce and maintain more favourable provisions. Rights acquired under the existing legal framework should continue to apply, unless more favourable provisions are introduced by this Directive.(37) This Directive cannot lay down a common legal framework for trainees, thus leaving untouched Member States’ prerogatives in the field of education and vocational training. Rights acquired under the existing legal framework should continue to apply, unless more favourable provisions are introduced by this Directive.

Or. fr

Amendment 318

Arba Kokalari

Proposal for a directive

Recital 37

Text proposed by the CommissionAmendment
(37) This Directive lays down minimum requirements, thus leaving untouched Member States’ prerogative to introduce and maintain more favourable provisions. Rights acquired under the existing legal framework should continue to apply, unless more favourable provisions are introduced by this Directive.(37) This Directive lays down minimum requirements, meaning that Member States should still retain the ability to introduce and maintain more favourable provisions in line with their national labour market models. Rights acquired under the existing legal framework should continue to apply, unless they are impacted by the provisions set out in this directive. It is crucial that national decisions and collective agreements remain the foundation for working conditions in Member States, which aligns with the subsidiarity principles.

Or. en

Amendment 319

Mélanie Disdier, Rachel Blom, Pál Szekeres, Marie Dauchy, Séverine Werbrouck

Proposal for a directive

Recital 38

Text proposed by the CommissionAmendment
(38) Since the objectives of this Directive, namely to enforce working conditions of trainees and combat regular employment relationships disguised as traineeships, cannot be sufficiently achieved by the Member States, but can, by reason of their scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.deleted

Or. fr

Amendment 320

Andrea Wechsler

Proposal for a directive

Recital 38

Text proposed by the CommissionAmendment
(38) Since the objectives of this Directive, namely to enforce working conditions of trainees and combat regular employment relationships disguised as traineeships, cannot be sufficiently achieved by the Member States, but can, by reason of their scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.deleted

Or. en

Amendment 321

Arba Kokalari

Proposal for a directive

Recital 38

Text proposed by the CommissionAmendment
(38) Since the objectives of this Directive, namely to enforce working conditions of trainees and combat regular employment relationships disguised as traineeships, cannot be sufficiently achieved by the Member States, but can, by reason of their scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.(38) Since the objectives of this directive, namely enforce the working conditions of trainees and combat regular employment relationships from being disguised as traineeships, can be achieved more effectively and in line with the national conditions by the Member States themselves, measures at the Union level should only be supportive and complementary. It is important that the directive respects the subsidiarity principle in Article 5 of the EU Treaty, as Member States are better positioned to adapt the regulation to their own labour market models.

Or. en

Amendment 322

Henrik Dahl

Proposal for a directive

Recital 38

Text proposed by the CommissionAmendment
(38) Since the objectives of this Directive, namely to enforce working conditions of trainees and combat regular employment relationships disguised as traineeships, cannot be sufficiently achieved by the Member States, but can, by reason of their scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.(38) Since the objectives of this Directive, namely to enforce working conditions of open market trainees and to combat abusive practices arising from the use of traineeships, can be achieved more effectively adapted to national enforcement systems by the Member States, but for open-market traineeships, reason of their scale and effects, can be achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, and provided for Union competence, as set out in Article 165 and 166 TFEU, this Directive does not go beyond what is necessary in order to achieve those objectives.

Or. en

Justification

As education is national competence it is important to highlight that this directive respects the division of competence as laid out in TFEU and TEU. The new recital 38 also underlines the fact that the best efficiency and enforcement of trainees’ conditions are achieved by aligning the new framework with existing national enforcement systems, including where this is taken care of by autonomous social partners.

Amendment 323

Irena Joveva, Martin Hojsík, Jana Toom, Brigitte van den Berg

Proposal for a directive

Recital 38

Text proposed by the CommissionAmendment
(38) Since the objectives of this Directive, namely to enforce working conditions of trainees and combat regular employment relationships disguised as traineeships, cannot be sufficiently achieved by the Member States, but can, by reason of their scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.(38) Since the objectives of this Directive, namely to improve the working conditions of trainees, the quality and accessibility of traineeships and combat regular employment relationships disguised as traineeships, cannot be sufficiently achieved by the Member States, but can, by reason of their scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

Or. en

Amendment 324

Benedetta Scuderi

on behalf of the Greens/EFA Group

Proposal for a directive

Recital 38

Text proposed by the CommissionAmendment
(38) Since the objectives of this Directive, namely to enforce working conditions of trainees and combat regular employment relationships disguised as traineeships, cannot be sufficiently achieved by the Member States, but can, by reason of their scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.(38) Since the objectives of this Directive, namely to provide a common definition of traineeships and to enforce working conditions of trainees and to combat abusive practices arising from fraudulent traineeships, cannot be sufficiently achieved by the Member States, but can, by reason of their scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

Or. en

Amendment 325

Mélanie Disdier, Rachel Blom, Pál Szekeres, Marie Dauchy, Séverine Werbrouck

Proposal for a directive

Recital 39

Text proposed by the CommissionAmendment
(39) In implementing this Directive Member States should avoid imposing unnecessary administrative, financial and legal constraints, in particular if they hold back the creation and development of micro, small and medium-sized enterprises. Member States are therefore encouraged to assess the impact of their transposition measures on those enterprises in order to ensure that they are not disproportionately affected, paying particular attention to microenterprises and to the administrative burden, to publish the results of such assessments, and to provide support to those enterprises as necessary.(39) In implementing this Directive Member States should avoid imposing unnecessary administrative, financial and legal constraints, in particular if they hold back the creation and development of micro, small and medium-sized enterprises. Member States are therefore encouraged to exclude from their transposition measures those enterprises in order to ensure that they are not disproportionately affected, paying particular attention to microenterprises and to the administrative burden, and to provide support to those enterprises as necessary.

Or. fr

Amendment 326

Isabelle Le Callennec

Proposal for a directive

Recital 38

Text proposed by the CommissionAmendment
(38) Since the objectives of this Directive, namely to enforce working conditions of trainees and combat regular employment relationships disguised as traineeships, cannot be sufficiently achieved by the Member States, but can, by reason of their scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.(38) Since the objectives of this Directive, namely to enforce working conditions of open labour market trainees and combat regular employment relationships disguised as traineeships, cannot be sufficiently achieved by the Member States, but can, by reason of their scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

Or. fr

Amendment 327

Chiara Gemma, Georgiana Teodorescu, Francesco Torselli, Mariateresa Vivaldini, Elena Donazzan

Proposal for a directive

Recital 39

Text proposed by the CommissionAmendment
(39) In implementing this Directive Member States should avoid imposing unnecessary administrative, financial and legal constraints, in particular if they hold back the creation and development of micro, small and medium-sized enterprises. Member States are therefore encouraged to assess the impact of their transposition measures on those enterprises in order to ensure that they are not disproportionately affected, paying particular attention to microenterprises and to the administrative burden, to publish the results of such assessments, and to provide support to those enterprises as necessary.(39) In implementing this Directive Member States should avoid imposing unnecessary administrative, financial and legal constraints, in particular if they hold back the creation and development of micro, small and medium-sized enterprises and should promote simplified compliance mechanisms tailored to the needs of these enterprises. Member States are therefore encouraged to assess the impact of their transposition measures on those enterprises in order to ensure that they are not disproportionately affected, paying particular attention to microenterprises and to the administrative burden, to publish the results of such assessments, and to provide support to those enterprises as necessary.

Or. en

Amendment 328

Henrik Dahl

Proposal for a directive

Recital 39 a (new)

Text proposed by the CommissionAmendment
(39a) It is more important than ever to strive for an internal market with a level playing field without social dumping and with respect for social and employment rights. It is crucial to acknowledge the importance of the social partners and their right to negotiate and bargain collectively.

Or. en

Justification

Whereas the recital of the Draft Report does highlight the importance of social partners and their right to bargain collectively, the Draft Report does not correspond to how collective bargaining systems work in many countries based on collective bargaining. Member States need not ‘strive for collective agreements’ as these are concluded by social the social partners. Likewise, Member States can in many countries not conclude and enforce collective agreements, as these are implemented and concluded by autonomous social partners.

Amendment 329

Andrea Wechsler

Proposal for a directive

Recital 40

Text proposed by the CommissionAmendment
(40) Member States may entrust the social partners with the implementation of this Directive, where the social partners jointly request to do so and provided that the Member States take all the necessary steps to ensure that they can at all times guarantee the results sought under this Directive. They should also, in accordance with 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 the provisions of this Directive.deleted

Or. en

Amendment 330

Johan Danielsson

Proposal for a directive

Recital 40 a (new)

Text proposed by the CommissionAmendment
(40a) The autonomy of the social partners is to be respected. Member States should be able to allow the social partners, under specific conditions, to uphold or conclude 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 is respected.

Or. en

Amendment 331

Arba Kokalari

Proposal for a directive

Recital 40 a (new)

Text proposed by the CommissionAmendment
(40a) The autonomy of the social partners is to be respected. Member States should be able to allow the social partners, under specific conditions, to uphold or conclude 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 is respected.

Or. en

Amendment 332

Mélanie Disdier, Rachel Blom, Pál Szekeres, Marie Dauchy, Séverine Werbrouck

Proposal for a directive

Recital 40 a (new)

Text proposed by the CommissionAmendment
(40a) Since traineeships are not designed to replace the post of an actual employee, the labour law rules cannot apply to trainees.

Or. fr

Amendment 333

Mélanie Disdier, Rachel Blom, Pál Szekeres, Marie Dauchy, Séverine Werbrouck

Proposal for a directive

Recital 40 b (new)

Text proposed by the CommissionAmendment
(40b) The vast majority of European companies continue to respect the traineeship rules and abuses are an exception, which must be addressed.

Or. fr

Amendment 334

Mélanie Disdier, Rachel Blom, Pál Szekeres, Marie Dauchy, Séverine Werbrouck

Proposal for a directive

Recital 40 c (new)

Text proposed by the CommissionAmendment
(40c) This Directive must take into account the administrative, financial and logistical difficulties facing micro, small and medium-sized enterprises. These enterprises must therefore be excluded from its scope.

Or. fr