Changes from report parliamentary committee draft to plenary report

Change 30

ChangedArticle 6 – paragraph 1 – introductorypoint part:a: Member(a) Statesensure shallthat takeinformation effectiveon measuresthe torights ensureof thattrainees allis relevantpublicly Unionavailable lawfree applicableof tocharge traineesin isa fullyclear, implementedcomprehensive and enforcedeasily inaccessible relationway toincluding trainees.in Inaccessible particularformats theyfor shall:persons with disabilities;

Change 31

RemovedArticle 6 – paragraph 1 – point f: (f) ensure, in cooperation with the competent authorities, channels for trainees to anonymously and securely report malpractice and poor working conditions, and provide information on those channels.

AddedArticle 6 – paragraph 1 – point b: (b) develop guidance and support for traineeship providers of trainees regarding the legal framework for traineeships, in particular SMEs, including relevant labour law and social protection aspects as well as best practices on provision of quality learning and training elements;

RemovedArticle 7 – paragraph 1: Member States shall ensure that trainees, including those whose traineeship has ended, have access to effective and impartial dispute resolution and a right to redress, including adequate compensation, in the case of infringements of their rights arising from this Directive or from other Union law.

AddedArticle 6 – paragraph 1 – point c: (c) provide for regular and effective controls and inspections to be conducted by competent authorities to enforce relevant labour law in relation to trainees;

RemovedArticle 8 – paragraph 1: Member States shall ensure that workers’ representatives may engage in any relevant judicial or administrative procedure to enforce the rights and obligations arising from this Directive or from other Union law applicable to trainees. They may act on behalf or in support of those facing abusive practices arising from the use of traineeships, with that trainee’s or those trainees’ approval.

AddedArticle 6 – paragraph 1 – point d: (d) ensure that the competent authorities, in particular national labour inspectorates, are provided with the sufficient human, technical and financial resources necessary to perform effective controls and inspections and have the competence to impose effective, proportionate and dissuasive penalties;

RemovedArticle 9 – paragraph 1: 1. Member States shall introduce the necessary measures to protect trainees and their representatives from any adverse treatment by the traineeship provider and from any adverse consequences resulting from a complaint lodged with the traineeship provider or resulting from any proceedings initiated with the aim of enforcing compliance with the rights provided for in this Directive or in other Union law.

AddedArticle 6 – paragraph 1 – point e: (e) develop the capability of the competent authorities, in particular through training and guidance, to proactively target and pursue non-compliant traineeship providers;

RemovedArticle 9 – paragraph 2: 2. In particular, Member States shall take the necessary measures to prohibit the dismissal or its equivalent, such as the withholding of an offer of future employment at the traineeship provider, and all preparations for dismissal or its equivalent, of trainees on the grounds that they have exercised the rights provided for in this Directive or in other Union law.

AddedArticle 6 – paragraph 1 – point f: (f) ensure, in cooperation with the competent authorities and social partners, channels for trainees to anonymously and safely report malpractice and poor working conditions, alleged infringements of rights and obligations, and provide information on those channels under point (a) in accordance with Regulation (EU) 2016/679, and ensure that such channels are accessible for persons with disabilities in accordance with Directive (EU) 2016/2102;

RemovedArticle 9 – paragraph 3: 3. Trainees who consider that they have been dismissed, or have been subject to measures with equivalent effect, on the grounds that they have exercised the rights provided for in this Directive, or in other Union law, may request the traineeship provider to supply duly substantiated grounds for the dismissal or the equivalent measures. The traineeship provider shall provide those grounds in writing.

AddedArticle 6 – paragraph 1 – point fa (new): (fa) ensure the validation, recognition and portability of the skills and competences acquired during the traineeship period through a certificate;

AddedArticle 6 – paragraph 1 – point fb (new): (fb) promote the recognition of traineeships as relevant work experience in recruitment processes in the job market;

AddedArticle 7 – title: Dispute resolution and right to redress

AddedArticle 7 – paragraph 1: Member States shall ensure that trainees, including those whose traineeship has ended, have access to effective and impartial dispute resolution and a right to redress, including adequate compensation, in the case of infringements of their rights arising from this Directive or from other Union law applicable to workers.

AddedArticle 7 – paragraph 1a (new): Member States shall take the necessary measures to ensure that during a traineeship, the trainee can urgently refer the matter to the competent authority and the labour inspectorate in the event of an infringement of the rights provided for in this Directive, with a view to solving the matter swiftly or, where this is not possible, to putting an end to the traineeship with no detriment to the trainee or the proper functioning of their training programme. Member States shall ensure that, in such situations, the trainee is not subject to retaliatory measures, including the interruption of the traineeship.

AddedArticle 8 – paragraph 1: Member States shall ensure that workers’ representatives may engage in any relevant judicial or administrative procedure to enforce the rights and obligations arising from this Directive or from other Union law applicable to workers. They may act on behalf or in support of one or several trainees, with that trainee’s or those trainees’ approval, in the case of practices that circumvent the purpose of traineeships or of the use of standard employment relationships disguised as traineeships, or in the case of an infringement of any other right or obligation arising from this Directive or from other Union law applicable to workers, workers’ representatives, or, in the absence of workers’ representatives, the employer, shall explicitly inform trainees about their rights of access to administrative and judicial proceedings at the beginning of the traineeship.

AddedArticle 9 – title: Protection against adverse treatment and consequences and burden of proof

AddedArticle 9 – paragraph 1: 1. Member States shall introduce the necessary measures to protect trainees and their representatives from any adverse treatment by the traineeship provider and from any adverse consequences resulting from a complaint lodged with the traineeship provider or resulting from any proceedings initiated with the aim of enforcing compliance with the rights provided for in this Directive or in other Union law applicable to workers.

AddedArticle 9 – paragraph 2: 2. In particular, Member States shall take the necessary measures to prohibit the dismissal or its equivalent, such as the withholding of an offer of future employment at the establishment of the traineeship provider, and all preparations for dismissal or its equivalent, of trainees on the grounds that they have exercised the rights provided for in this Directive or in other Union law applicable to workers.

AddedArticle 9 – paragraph 3: 3. Trainees who consider that they have been dismissed, or have been subject to measures with equivalent effect, on the grounds that they have exercised the rights provided for in this Directive, or in other Union law applicable to workers, may request the traineeship provider to supply duly substantiated grounds for the dismissal or the equivalent measures. The traineeship provider shall provide those grounds in writing.

Article 9 – paragraph 4: 4. Member States shall take the necessary measures to ensure that, when trainees referred to in paragraph 3 establish, before a court or other competent authority or body, facts from which it may be presumed that there has been such a dismissal or equivalent measures, it shall be for the traineeship provider to prove that the dismissal or equivalent measures were based on grounds other than those referred to in paragraph 2.

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AddedArticle 9 – paragraph 4 a (new): 4a. Paragraph 4 shall not prevent Member States from introducing rules of evidence which are more favourable to trainees.

AddedArticle 9 a (new): Article 9a / Collection, and monitoring of data / 1. Member States shall ensure that effective data is collected for the purpose of monitoring the quality of traineeships, in accordance with the implementing acts adopted by the Commission pursuant to paragraph 3. / Such data shall include the following information: / (a) the number of traineeships; / (b) the number of traineeship providers; / (c) the proportion of traineeships leading to standard employment in the same sector; / (d) the number of controls and inspections carried out by the competent authorities; / (e) the number of practices that circumvent the purpose of traineeships reported; (f) the number of standard employment relationships disguised as traineeships. / Member States shall promote the active involvement of stakeholders, in particular social partners, student organisations, youth organisations and lifelong career guidance services in collecting and monitoring the quality of traineeships provided at national level. / 2. Member States shall submit the data referred to in paragraph 1 to the Commission by ... [OJ to insert date: two years after the date of transposition of this Directive] and every two years thereafter. They shall ensure that the data is disaggregated by gender, age, disability, size of employer and sector, in so far as possible. / 3. The Commission shall adopt implementing acts to ensure the uniformity and comparability of data collection by Member States pursuant to paragraph 1 of this Artic…

AddedArticle 9 b (new): Article 9b / Committee procedure / 1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. / 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Article 11 – paragraph 1: 1. No provision in this Directive shall be construed as lowering the protection of workers, including trainees, afforded by other instruments of Union law, national law, collective agreements or practice.

Article 11 – paragraph 3: 3. This Directive shall not affect Member States’ prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to trainees or to encourage or permit the application of collective agreements which are more favourable to trainees.

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ChangedArticle 11 – paragraph 3 a3a (new): 3a. Member States may, provided that the national social partners jointly agree, give the social partners, at the appropriate level and subject to the conditions laid down by the Member States, the option of upholding or concluding collective agreements to implement and complement the protectionsprotection laid down in this Directive.

Change 34

AddedArticle 12 – paragraph 1: 1. Member States shall take the necessary measures to comply with this Directive by [18 months after entry into force]. They shall immediately inform the Commission thereof.

AddedArticle 12 – paragraph 4: 4. Member States shall, in accordance with their national law and practice, take adequate measures to ensure the effective involvement of the social partners and to promote and enhance social dialogue with a view to implementing this Directive. The report referred to in paragraph 2 shall include a description of the involvement of the social partners in the implementation of this Directive.

AddedArticle 12 – paragraph 5 a (new): 5a. Member States shall promote the use of Union and national funds, to ensure sufficient financial and administrative support and incentives to traineeship providers, such as non-governmental organisations, non-profit organisations and micro and small and medium enterprises.

AddedArticle 13 – paragraph 1: 1. By [3 years after the date of transposition], the Commission shall submit a report to the European Parliament and to the Council, following its assessment of the implementation of this Directive. / The Commission’s report shall, if appropriate, be accompanied by proposals for legislative amendments.

AddedArticle 13 – paragraph 1 a (new): 1a. Before submitting the reports referred to in paragraph 1, the Commission shall consult the Member States, the social partners at Union level and key stakeholders, and shall take into account the impact of this Directive on SMEs, including microenterprises. In its reviews of the implementation of this Directive, the Commission shall pay particular attention to the impact of this Directive on facilitating the transition from traineeships to standard employment relationships as well as the design and impact of national measures under Chapter II.

AddedArticle 13 – paragraph 1 b (new): 1b. By [3 years after the date of transposition] and every two years thereafter, the Commission shall submit a report to the European Parliament and to the Council on the basis of its analysis of the data and information submitted by the Member States pursuant to Article 10a. / When submitting those reports the Commission shall, simultaneously, publish the data and information submitted by the Member States on a dedicated website.

AddedArticle 13 – paragraph 2: deleted