Common position for amendments

Transcription

1 December 15, 2008 Common position for amendments Social Platform consolidated proposal for amendments on the revision of on the revision of the Council Directive 96/34/EC of 3 June 1996 on the framework agreement on parental leave For detailed information, the leading organisations in this proposal may be contacted: Confederation of Family Organisations in the EU, COFACE: Celine Simonin, , csimonin@coface-eu.org, European Women s Lobby,EWL: Mary Collins, , collins@womenlobby.org The European Youth Forum, YFJ: Marco Perolini, , marco.perolini@youthforum.org The European Region of the International Lesbian and Gay Association, ILGA-Europe: Silvan Agius, ; silvan@ilga-europe.org European Anti-Poverty Network, EAPN, Amana Ferro, , Amana.Ferro@eapn.eu The European Older People s Platform, AGE: Rachel Buchanan, , rachel.buchanan@age-platform.org On general issues, the Social Platform secretariat, Pierre Baussand, , Pierre.baussand@socialplatform.org Social Platform is an alliance of 40 Pan-European NGO networks fighting for social justice

2 Preamble Preamble The enclosed framework agreement represents an undertaking by Unice, CEEP and the ETUC to set out minimum requirements on parental leave and time off from work on grounds of force majeure, as an important means of reconciling work and family life and promoting equal opportunities and treatment between men and women. The enclosed framework agreement represents an undertaking by Unice, CEEP and the ETUC to set out minimum requirements on parental leave, paternity leave and time off from work on grounds of force majeure, as an important means of reconciling work and family life and promoting equal opportunities and gender equality. The persistent gender gap between women and men in relation to care and parental leave results in perceived roles that women are the carers while men are the breadwinners. In light of women s increased participation in the labour-market coupled with the increased diversity of family models in the EU including same-sex couples, this framework agreement must also tackle the gender gap in relation to parental leave, by playing its part in breaking down the stereotypes that maintain the traditional gender division of productive/non-productive work. 2

3 I. General Considerations New general consideration 5 bis 5.bis Whereas discrimination based on gender, racial or ethnic origin, religion or belief, disability, age or sexual orientation may undermine the achievement of the objectives of the EC Treaty, in particular the attainment of a high level of employment and social protection, raising the standard of living and the quality of life, economic and social cohesion and solidarity, and the free movement of persons. The right to parental leave should be accessible to all persons in the EU and therefore free of discrimination. Anti-discrimination measures in these cases must include the removal of any obstacle faced by partners, or other designated family members to care for the dependants in the family and to take the necessary leave for such care-work. New general consideration 5 ter 5 ter. Children should not be the collateral victims of a discrimination suffered by their carer. Entitlement of children to have care givers enjoying parental leave and paternity leave 3

4 should be interpreted in line with the United Nations Convention on the Rights of the Child. Children in the EU are the ones who need the care. Therefore all of them should be entitled to have their carers available during the care leave. This is why the directive should recognise the increasing diversity in family structures as did the European Court of Human Rights and the majority of the EU-27. This is also the reason why the directive should recognise the diversity of employment situations. The rights guaranteed by the directives must apply equally to all people active in the labour market, regardless of their employment status, i.e. self employed persons, short term contracts, people who are unemployed or looking for a first job and accompanying spouses. In that respect rights should be attached to the individuals and portable from a contract to another as opposed to linking rights to an employment status. General consideration 7 7. Whereas family policy should be looked at in the context of demographic changes, the effects of the ageing population, closing the generation gap and promoting women's participation in the labour force; 7. Whereas family policy should be looked at in the context of demographic changes, the effects of the ageing population, child poverty, promoting intergenerational solidarity, greater gender parity in the labour force and care responsibility, and social inclusion; There is a clear link between poverty and 4

5 difficulties to combine work and family responsibilities, especially for women and lone parents. Family policy is a key tool for fighting poverty and social exclusion. Parental leave, paternity leave and other reconciliation measures can help achieve social inclusion. New General consideration 7 bis 7bis new: Whereas Europe has witnessed an increase in the diversity of family structures that include amongst others single parents; blended families and same-sex families; whereas the diversity of family forms should be recognised, and families should be offered equal opportunities to reconcile work and family life. Parental leave is a right of any worker who is legally responsible for (a) child(ren). Parental right should be interpreted in the sense of providing caregivers with the opportunity to respond to their children s needs and with the right to a balanced private and professional life. New regulations must take account of the different forms of families existing in European societies, with the clear goal to remove any form of discrimination or discriminatory treatment of, for example, same-sex, non-married, single parent families, underage mothers, tutors and other caregivers need to be covered by the minimum requirements. Anti-discrimination measures in these cases must include the removal of any obstacle faced by partners, or other designated family members to care for the dependants in the family and to take the necessary leave for such care-work. 5

6 New General consideration 8 8. Whereas men should be encouraged to assume an equal share of family responsibilities, for example they should be encouraged to take parental leave by means such as awareness programmes; Deleted And replaced by: 8. In implementing this framework agreement on parental leave, Member States, management and labour should, in accordance with Article 3(2) of the EC Treaty, aim at eliminating inequalities and promoting equality between women and men by removing all barriers, including gender-based stereotypes that have a negative impact on women and on the equal share of family responsibilities between women and men. Wording should reflect how parental leave is an entitlement of both parents equally. Emphasizing men s equal share of responsibilities within the family is good, but should not be explicitly tied with the granting of parental leave, which should rather be perceived as a non-transferable right, as is the practice in some countries (non-transferable leave - Denmark: 2 weeks; Sweden: 2 months). While entitlement to parental leave applies to workers, irrespective of their gender or position in the family, men s take-up rate of parental leave is low due to, amongst other factors, stereotypes that relegate women and men to perceived roles in relation to parental leave. This approach would also favour atypical families. 6

7 New General consideration 8 bis 8 bis. To promote equal opportunities, equality between women and men and equal treatment for all, the parties to this agreement consider that the right to parental and paternity leave should be granted on a non-transferable basis. The original framework agreement emphasised the encouragement of men to avail of parental leave. However, there is now adequate evidence to show that men s take up rate has been low. Therefore, nontransferability is one of the means of removing the barriers for men but also ensures equality among parents. Nontransferability is a condition of parental leave provisions in some Member States (Sweden, Denmark) which has proven to be effective. General consideration Whereas Member States should provide for the maintenance of entitlements to benefits in kind under sickness insurance during the minimum period of parental leave; 10. Whereas, in conformity with the flexicurity common principles and lifecycle approach, entitlement to parental leave and paternity leave should not be made subject to a period of work qualification or length of service qualification; Parental leave should be a universal entitlement for any working adult who is 7

8 concomitantly the primary caregiver for (a) child(ren). Therefore the Directive must include atypical workers within its scope. It is most often that these workers come from vulnerable groups, complicated backgrounds and generally an economically difficult situation, and their rights are often infringed. General consideration Whereas Member States should also, where appropriate under national conditions and taking into account the budgetary situation, consider the maintenance of entitlements to relevant social security benefits as they stand during the minimum period of parental leave; 11. Whereas Member States should provide for the maintenance of all social security rights, including entitlements to benefits in kind under sickness insurance, during the minimum period of parental leave and paternity leave, including the integration of the period of leave for pension entitlements; The maintenance of all social security rights, including the integration of the period of leave for pension entitlements, is crucial in order to prevent poverty and social exclusion, including at a later stage in life. It is also an incentive for all parents to take the leave, including families with low income. 8

9 New General consideration 11 bis 11bis new. Whereas Member States should provide for the continuation of employment contract rights during the minimum period of parental leave and paternity leave, and for the payment of an income equivalent to the worker s full salary. The maintenance of employment contract rights is essential to avoid detrimental effect of the leave on the worker s career and its working conditions. It also brings parental leave and paternity leave in line with maternity leave. One of the difficulties of the non take-up rate by men is related to the issue of pay, which the current Directive leaves to the MS to decide whether they introduce pay or not (in many MS there is no pay provided during leave). If the salary is maintained during the parental leave in families where men are still the main bread-winner, the family income will not diminish if the father goes on leave. Therefore it will not be automatically for the second bread-winner, the mother, to go on leave. The issue of pay is also crucial to the gender pay gap (currently 15% average in the EU) which is also relevant in the context of parental leave. The maintenance of a payment is also crucial in order to prevent poverty and social exclusion. It is key to promote the use of the leave among families with low income. 9

10 II. CONTENT Clause 1.1 Clause 1 Purpose and scope 1. This agreement lays down minimum requirements designed to facilitate the reconciliation of parental and professional responsibilities for working parents. Clause 1 Purpose and scope 1. This agreement lays down minimum requirements designed to facilitate the reconciliation of family and professional responsibilities, in conformity with a lifecycle approach. The EU employment policy promotes a lifecycle approach to life, i.e. acknowledging that careers are no longer linear and that workers have different needs and priorities at different stage of their lives. The new agreement on parental leave has to be a concrete reflection of this life-cycle approach. It is not only working parents who need to reconcile professional and family responsibilities. This concerns grandparents and other persons caring for dependent family members. 10

11 Clause 1.2 Clause 1 2. This agreement applies to all workers, men and women, who have an employment contract or employment relationship as defined by the law, collective agreements or practices in force in each Member State. Clause 1 2. This agreement applies to all workers, irrespective of the nature of the employment contract or employment relationship, between the worker and the employer. Parental leave should be available without prejudice of the nature of the employment relationship or the employment contract existing between the employer and the employee. Furthermore parental leave should be available at the same conditions for liberal professions. Workers employed under precarious conditions should also be entitled to parental leave under the same conditions as other workers. This is in particular crucial for young people, given the high percentage of them employed under precarious conditions. New Clause This agreement applies to all legal and de facto primary care givers to children. It is of utmost importance to embrace all family situations and grant a parental leave to all legal guardians of children, including 11

12 same-sex couples and adopting or foster care parents. De facto parenthood must be a ground for entitlement to parental leave in order to take into account blended families. Clause 2.1 Clause 2: Parental leave Clause 2: Parental leave 1. This agreement grants, subject to clause 2.2, men and women workers an individual right to parental leave on the grounds of the birth or adoption of a child to enable them to take care of that child, for at least three months, until a given age up to 8 years to be defined by Member States and/or management and labour This agreement grants [deleted: subject to clause 2.2] men and women workers an individual non-transferable right to fully paid parental leave on the grounds of the birth or adoption of a child or of de facto parenthood, in the meaning of article 1.3, to enable them to take care of that child, for at least 120 working days [deleted: three] months, until the age of 18 years [deleted: a given age up to 8 years to be defined by Member States and/or management and labour]. Parental leave must be a non-transferable right in order to encourage its use by fathers and should be expressed in working days for further clarity. The increase to 120 working days would better meet the needs of families. De facto parenthood must be a ground for entitlement to parental leave in order to take into account blended families. The proposal concerning age is consistent with a life-cycle approach on the basis that parental responsibility is legally set at 18 years (in most Member States) and in cases where there are special 12

13 needs/disabilities, these may not be detected in the early phases of childhood and can require longer-term care throughout childhood/adolescence. There are many situations past the age of 8 where an intensive involvement of parents is needed (family breakdowns, adolescence, school holidays, learning difficulties, psychological of physical difficulties). Difficulties in combining work and family life need to be addressed at any age. Clause 2.2 Clause 2: Parental leave 2. To promote equal opportunities and equal treatment between men and women, the parties to this agreement consider that the right to parental leave provided for under clause 2.1 should, in principle, be granted on a non-transferable basis. Clause 2: Parental leave 2.2 To promote equal opportunities, equal treatment between women and men and gender equality, the parties to this agreement consider that the right to parental leave provided for under clause 2.1 should, [delete in principle], be granted on a non-transferable basis. Member States shall take the necessary measures to ensure that workers have the choice to take the leave on a full time or part-time basis, in a piecemeal way or in the form of credit-time system. Flexible arrangements meet the demands of both parents and employers. Flexibility is an answer to the diversity of working conditions and of family situations. It notably enables an adaptation of parental leave to new types of caring arrangements, such as one week with each parent in case of separation. 13

14 Clause 2.3.a 3. The conditions of access and detailed rules for applying parental leave shall be defined by law and/or collective agreement in the Member States, as long as the minimum requirements of this agreement are respected. Member States and/or management and labour may, in particular: (a) decide whether parental leave is granted on a full-time or part-time basis, in a piecemeal way or in the form of a timecredit system; 2.3.a The conditions of access and detailed rules for applying parental leave shall be defined by law and/or collective agreement in the Member States, as long as the minimum requirements of this agreement are respected. Delete [Member States and/or management and labour may, in particular: (a) decide whether parental leave is granted on a full-time or part-time basis, in a piecemeal way or in the form of a timecredit system;] (b) Member States shall introduce more favourable conditions for parental leave than the ones within article 1.2 for specific situations such as adoption, younger parents, single/lone parents,, parents with disabilities, parents with children with disability and/or serious disease and any other situations Member States may deem appropriate. These more favourable conditions shall be proportionate and allow the special needs of the parents and of the child to be accommodated. A longer parental leave may be granted to younger parents given the fact that they may face more difficult conditions (such as lower salaries) and the importance of providing young people with incentives to have children. The recent ruling in the Coleman V Attridge Case (EJC July 08) confirms that in particular situations - in this case a disabled child more favourable conditions for parental leave is a means of preventing discrimination by association of the carer 14

15 in this case the mother. In the case of parents with disabilities, additional time might be needed to get used to and/or to adapt to the new situation in order to achieve a good balance between their family and professional life. On the model of the revision of the maternity leave Directive, parental leave should be extended in specific circumstances. Clause 2.3.b Clause 2: Parental leave (b) make entitlement to parental leave subject to a period of work qualification and/or a length of service qualification which shall not exceed one year; 2.3.b: Deleted And replaced by: Clause 2: Parental leave Entitlement to parental leave should not be made subject to a period of work qualification or length of service qualification. In conformity with the flexicurity common principles and life-cycle approach, entitlement to parental leave should not be made subject to a period of work qualification or length of service qualification. The protection and rights in relation to reconciling work and private life must be extended to all workers, including workers in atypical forms of employment. This provision, as currently worded, severely prejudices temporary workers, agency-workers, seasonal workers, outsourced workers, or on a serviceprovider contract. They cannot be deprived of parental leave simply because of the 15

16 Clause 2: Parental leave Clause 2.3.c nature of their employment. The current provision also falls into indirect discrimination against young people, when for example a young person has recently taken up a post and/or has not a lot of experience. (c) adjust conditions of access and detailed rules for applying parental leave to the special circumstances of adoption; 2.3.c: Deleted s proposed above make the conditions of access to parental leave easier and provide for flexibility in the takeup of the leave. Accordingly it is no longer valid to specify that Member States and/or management and labour may adjust conditions of access and detailed rules for applying parental leave to the special circumstances of adoption. Clause 2.3.e (e) define the circumstances in which an employer, following consultation in accordance with national law, collective agreements and practices, is allowed to postpone the granting of parental leave for justifiable reasons related to the operation of the undertaking (e.g. where work is of a seasonal nature, where a replacement cannot be found within the notice period, where a significant proportion of the (e) define the circumstances in which an employer, following consultation in accordance with national law, collective agreements and practices, is allowed to postpone the granting of parental leave for justifiable reasons related to the operation of the undertaking (e.g. where work is of a seasonal nature, where a replacement cannot be found within the notice period, where a significant proportion of the workforce applies for parental leave at the 16

17 workforce applies for parental leave at the same time, where a specific function is of strategic importance). Any problem arising from the application of this provision should be dealt with in accordance with national law, collective agreements and practices; same time, where a specific function is of strategic importance). Any problem arising from the application of this provision should be dealt with in accordance with national law, collective agreements and practices; However, postponing the parental leave should not be possible if this would have negative consequences for the psychosocial or physical wellbeing of the child. Postponing the parental leave should not be possible in all cases. In some cases, such as for parents of children with certain disabilities, continuity is very important, and in those cases the child should not need to face a situation where, as an example, the mother takes maternity leave, then the child goes to a nanny/daycare, and then only the mother or father could take parental leave. The best interest of the child must, in such cases, prevail over the interest of the employer of the parent. Clause In order to ensure that workers can exercise their right to parental leave, Member States and/or management and labour shall take the necessary measures to protect workers against dismissal on the grounds of an application for, or the taking of, parental leave in accordance with national law, collective agreements or practices In order to guarantee [deleted: ensure] that workers can exercise their right to parental leave, Member States shall take the necessary measures to prohibit the dismissal and all preparations for a dismissal of workers during the period from the application for the parental leave to the end of the parental leave, save in exceptional cases not connected with the leave which are permitted under national legislation and/or practice and, where applicable, provided that the competent authority has given its consent [deleted: protect workers against dismissal on the grounds of an application for, or the taking of, parental leave in accordance with national law, 17

18 collective agreements or practices]. Protection against dismissal must be brought in line with the revision of the maternity leave Directive New Clause 2.4 bis 2.4bis new. If a worker is dismissed during the period referred to in clause 2.4, the employer must cite duly substantiated grounds for his/her dismissal in writing. If the dismissal occurs within six months following the end of parental leave, the employer must cite duly substantiated grounds for his/her dismissal in writing at the request of the worker concerned. Protection against dismissal must be brought in line with the revision of the maternity leave Directive. New Clause 2.4ter 2.4ter new. The Member States shall take the necessary measures to protect workers from the consequences of dismissal which is unlawful by virtue of clause 2.4 and 2.4bis Protection against dismissal must be 18

19 brought in line with the revision of the maternity leave Directive. Clause At the end of parental leave, workers shall have the right to return to the same job or, if that is not possible, to an equivalent or similar job consistent with their employment contract or employment relationship The exercise of the right to parental leave must not negatively affect the entitlement to return to the same or equivalent post, on terms and conditions that are no less favourable, and to benefit from any improvement in working conditions to which workers would have been entitled during their absence [deleted: the same job or, if that is not possible, to an equivalent or similar job consistent with their employment contract or employment relationship]. The agreement on parental leave must be brought in line with the revision of the maternity leave Directive. New Clause 2.5 bis 2.5bis new. Member States, management and labour shall provide for work induction and training support for workers returning to work after parental leave. Return to work has proved to be difficult for workers on leave. Adequate support must be provided in terms of training and work induction. 19

20 Clause Member States and/or management and labour shall define the status of the employment contract or employment relationship for the period of parental leave. Deleted and replaced with 2.7 new. In order to guarantee that workers can exercise their right to parental leave, Member States shall provide for the continuation of all employment contract rights during the minimum period of parental leave as set out in article 2.1, including the worker s entitlement to full salary. The maintenance of employment contract rights is essential to avoid detrimental effect of the leave on the worker s career and its working conditions. It would also bring parental leave in line with maternity leave. The maintenance of a payment, is crucial in order to prevent poverty and social exclusion. It is key to promote the use of the leave among families with low income. It is also an incentive for men to go on leave and one of the means of addressing the gender pay gap: families where men are still the main bread-winner, the family income will not diminish if the father goes on leave. Therefore it will not be automatically for the second bread-winner, the mother, to go on leave. Member States must guarantee a decent income during parental leave which is at least equivalent to the average national wage, or introduce such other measure that eliminates the currently unequal uptake of leave between women and men. 20

21 Clause All matters relating to social security in relation to this agreement are for consideration and determination by Member States according to national law, taking into account the importance of the continuity of the entitlements to social security cover under the different schemes, in particular health care. Deleted. Already covered in article 2.7 New Clause In order to guarantee that workers can exercise their right to parental leave, Member States shall take the necessary measures to ensure the continuation of all social security rights, including the integration of the period of leave for pension entitlements. The maintenance of all social security rights, including the integration of the period of leave for pension entitlements, is crucial in order to prevent poverty and social exclusion, including at a later stage in life. It is also an incentive for all parents to take the leave, including families with low income. 21

22 New Clause 3 on Paternity leave 3. 1 This agreement grants all workers, within the meaning of article 1.2 and 3.2, an individual non-transferable right to fully paid paternity leave on the grounds of the birth or adoption of a child or of de facto parenthood, in the meaning of article 1.3, to enable them to take care of that child, for at least 20 working days An employee qualifies for paternity leave on the birth or adoption of a child or de facto parenthood if they: a) Have - or expect to have - responsibility for the baby's upbringing. b) Are the biological father of the baby and/or the mother's husband/ wife or partner, including same-sex partner or registered partner Member States shall take the necessary measures to ensure that workers have the choice to take the paternity leave on a full time or parttime basis, in a piecemeal way or in the form of credit-time system Member States shall introduce more favourable conditions for paternity leave than the ones within article 3.1 for specific situations such as adoption, younger parents, single/lone parents, parents with disabilities, parents with children with disability and/or serious disease, premature childbirth, children hospitalised at birth, multiple birth, and any other situations Member States may deem appropriate. These more favourable conditions shall be proportionate and allow the special needs of the parents and of the child to be accommodated. 3.5 Entitlement to paternity leave should not be made subject to a period 22

23 of work qualification or length of service qualification. 3.6 In order to guarantee that workers can exercise their right to paternity leave, Member States shall take the necessary measures to prohibit the dismissal and all preparations for a dismissal of workers during the period from the application for the paternity leave to the end of the paternity leave, save in exceptional cases not connected with the leave which are permitted under national legislation and/or practice and, where applicable, provided that the competent authority has given its consent If a worker is dismissed during the period referred to in clause 2.1 the employer must cite duly substantiated grounds for his/her dismissal in writing. If the dismissal occurs within six months following the end of paternity leave, the employer must cite duly substantiated grounds for his/her dismissal in writing at the request of the worker concerned The Member States shall take the necessary measures to protect workers from the consequences of dismissal which is unlawful by virtue of clause 3.6 and The exercise of the right to paternity leave must not negatively affect the entitlement to return to the same or equivalent post, on terms and conditions that are no less favourable, and to benefit from any improvement in working conditions to which workers would have been entitled during their absence In order to guarantee that workers can exercise their right to paternity leave, Member States shall provide for the continuation of all employment contract rights during the minimum period of paternity leave as set out in the article 3.1, including the worker s entitlement to full salary. 23

24 3.11. In order to guarantee that workers can exercise their right to paternity leave, Member States shall take the necessary measures to ensure the maintenance of all social security rights, including the integration of the period of leave for pension entitlements Member States shall take the measures necessary to ensure that workers may, during paternity leave or when returning from paternity leave, request changes to their working hours and patterns, and that employers shall be obliged to consider such requests, taking employers' and workers' needs into account. The revision of this Directive is a good opportunity to entitle workers with a right to paternity leave, which is lacking in the European legislation. As it is not a health and safety issue and cannot be considered together with maternity leave, the paternity leave would best be included in the parental leave context. This provision would help in ensuring an equal share of childcare between women and men and partners. Non-transferability of this right should therefore be essential. The beneficiaries of paternity leave should include male workers but also the mother s husband, wife or partner in order to take into account the diversity of families as set out in general consideration 7bis. Flexible arrangements meet the demands of fathers at the birth of their child. On the model of the revision of the maternity leave Directive, paternity leave should be extended in specific circumstances and protection against dismissal should be ensured. 24

25 In the case of parents with disabilities, additional time might be needed to get used to and/or to adapt to the new situation in order to achieve a good balance between their family and professional life. The maintenance of employment contract rights is essential to avoid detrimental effect of the leave on the worker s career and its working conditions. It would also bring paternity leave in line with maternity leave. The maintenance of a payment is crucial in order to prevent poverty and social exclusion. It is key to promote the use of the leave among families with low income. It is also an incentive for men to go on leave at the time of birth/adoption: families where men are still the main bread-winner, the family income will not diminish if the father goes on leave. For this reasons it is crucial to ensuring that the income during the period of paternity leave shall be equivalent to the worker s full salary. The maintenance of all social security rights, including the integration of the period of leave for pension entitlements, is crucial in order to prevent poverty and social exclusion, including at a later stage in life. It is also an incentive for all fathers to take the leave, including in families with low income. On the model of the revision of the maternity leave Directive, workers on paternity leave or returning from paternity leave must be granted the right to request changes to their working hours. Clause 3.1 Clause 3: Time off from work on grounds of force majeure Clause 3: Time off from work on grounds of force majeure 25

26 1. Member States and/or management and labour shall take the necessary measures to entitle workers to time off from work, in accordance with national legislation, collective agreements and/or practice, on grounds of force majeure for urgent family reasons in cases of sickness or accident making the immediate presence of the worker indispensable. 1. Member States and/or management and labour shall take the necessary measures to entitle workers to time off from work, amounting to minimum 10 days per year, in accordance with national legislation, collective agreements and/or practice, on grounds of force majeure for urgent family reasons in cases of sickness or accident making the immediate presence of the worker indispensable. A minimum requirement of 10 days a year must be introduced to meet the needs of families across the EU. Clause Member States and/or management and labour may specify the conditions of access and detailed rules for applying clause 3.1 and limit this entitlement to a certain amount of time per year and/or per case. 2. Member States and/or management and labour may specify the conditions of access and detailed rules for applying clause 3.1 [deleted: and limit this entitlement to a certain amount of time per year and/or per case]. The amendment proposed above provide for a minimum requirement of 10 days a year. This provision must be modified accordingly. Clause Implementation of the provisions of this agreement shall not constitute valid 2. Implementation of the provisions of this agreement shall not constitute valid 26

27 grounds for reducing the general level of protection afforded to workers in the field covered by this agreement. This shall not prejudice the right of Member States and/or management and labour to develop different legislative, regulatory or contractual provisions, in the light of changing circumstances (including the introduction of non-transferability), as long as the minimum requirements provided for in the present agreement are complied with. grounds for reducing the general level of protection afforded to workers in the field covered by this agreement. This shall not prejudice the right of Member States and/or management and labour to develop different legislative, regulatory or contractual provisions, in the light of changing circumstances [deleted: (including the introduction of nontransferability)], as long as the minimum requirements provided for in the present agreement are complied with. An amendment proposed above provide for the non-transferability of the leave. This provision must be modified accordingly. 27