BETA

29 Amendments of Renate WEBER related to 2016/0070(COD)

Amendment 33 #
Proposal for a directive
Citation 2
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1), 56 and 62 thereof,
2017/03/08
Committee: EMPL
Amendment 36 #
Proposal for a directive
Citation 3
After transmission of the draft legislative act to the national parliaments and the following 11 reasoned opinions by national parliaments objecting the Commission proposal on grounds of subsidiarity,
2017/03/08
Committee: EMPL
Amendment 41 #
Proposal for a directive
Citation 4
Having regard to the opinion of the European Economic and Social Committee5, and its counter-opinion; _________________ 5 OJ C,, p..
2017/03/08
Committee: EMPL
Amendment 88 #
Proposal for a directive
Recital 5
(5) The principle of equal treatment and the prohibition of any discrimination based on nationality are enshrined in EU law since the founding Treaties. The principle of equal pay has been implemented through secondary law not only between women and men, but also between employees with fix term contracts and comparable permanent workers, between part-time and full-time workers or between temporary agency workers and comparable w, including for companies providing cross-borkders of the user undertaking. (See ECJ cases Case C-76/90, Manfred Säger v Dennemeyer & Co. Ltd, [1991] ECR I-4221; Case C-55/94, Reinhard Gebhard v Consiglio dell'Or services. Or. en includineg degli Avvocati e Procuratori di Milano, [1995] ECR I-04165 and E.g. Joined cases 62 and 63/81, See also Seco SA v. Etablissement d’Assurance contre la Vieillesse et l’Invalidité, [1982] ECR 223, para 8,irect and indirect discrimination)
2017/03/08
Committee: EMPL
Amendment 102 #
Proposal for a directive
Recital 7 a (new)
(Case C- 113/89, Rush Portuguesa Ldª v Office national d'immigration, [1990] ECRI-1417, judgment, para 15; Raymond Vander Elst v Office des Migrations Internationales, [1994](7a) The ECJ case-law has established that posted workers do not in any way gain access to the host country´s labour market if they return to their country of origin after completion of their work. Or. en ECR I-3803, para. 21)
2017/03/08
Committee: EMPL
Amendment 104 #
Proposal for a directive
Recital 7 b (new)
(Case C-55/94, Reinhard Gebhard v Consiglio dell'Ordine degli Avvocati (7b) The ECJ has held that the temporary nature of the provision of services is to be determined in the light of its duration, regularity, periodicity and continuity. The Pprocuratori di Milano, [1995] ECR I-04165, para. 39; Case C-396/1, Sähköalojen ammattiliitto ry c/vider of services, within the meaning of the Treaty, may equip himself in the host Member State with the infrastructure necessary for the purposes of performing the services in question. Or. en Elektrobudowa Spółka Akcyjna [2015] Case C-396/1)
2017/03/08
Committee: EMPL
Amendment 106 #
(7c) The aim of Art. 4 of Directive 2014/67/EU on the Enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services is to identify genuine posting and prevent abuse and circumvention.
2017/03/08
Committee: EMPL
Amendment 107 #
Proposal for a directive
Recital 8
(8) In view of the long duration of certain posting assignments, it is necessary to provide that, in case of posting lasting for periods higher than 24 months, the host Member State is deemed to be the country in which the work is carried out. In accordance with the principle of Rome I Regulation, the law of the host Member Sates therefore applies to the employment contract of such posted workers if no other choice of law was made by the parties. In case a different choice was made, it cannot, however, have the result of depriving the employee of the protection afforded to him by provisions that cannot be derogated from by agreement under the law of the host Member State. This should apply from the start of the posting assignment whenever it is envisaged for more than 24 months and from the first day subsequent to the 24 months when it effectively exceeds this duration. This rule does not affect the right of undertakings posting workers to the territory of another Member State to invoke the freedom to provide services in circumstances also where the posting exceeds 24 months. The purpose is merely to create legal certainty in the application of the Rome I Regulation to a specific situation, without amending that Regulation in any way. The employee will in particular enjoy the protection and benefits pursuant to the Rome I Regulation.deleted
2017/03/08
Committee: EMPL
Amendment 128 #
Proposal for a directive
Recital 8 a (new)
(8a) It is the prerogative of the national competent authorities to assess whether the professional activity pursued in the context of provision of services is genuine and whether the provisions of this Directive are applicable in each individual case according to Directive Art. 4 of Directive 2014/67/EU.
2017/03/08
Committee: EMPL
Amendment 157 #
Proposal for a directive
Recital 10
(10) Because of the highly mobile nature of work in international road transport, the implementation of the posting of workers directive raises particular legal questions and difficulties (especially where the link with the concerned Member State is insufficient). It would be most suitTherefore transport services such as transit, international transport and linked cabotage are excluded forom these challenges to scope of this Directive and should be addressed through sector-specific legislation together with other EU initiatives aimed at improving the functioning of the internal road transport market.
2017/03/08
Committee: EMPL
Amendment 181 #
Proposal for a directive
Recital 11
(11) In a competitive internal market, service providers compete not only on the basis of a labour costs but also on factors such as productivity and efficiency, or the quality and innovation of their goods and services.
2017/03/08
Committee: EMPL
Amendment 189 #
Proposal for a directive
Recital 12
(12) It is within Member States' competence to set rules on remunerationpay in accordance with their law and practice. However, national rules on remuneration applied to posted workers must be proportionate and justified by the need to protect posted workers and must not disproportionately resrestrict the cross- border provision of services. The national measures must not be liable for hindering or making less attriactive the cross-border provision of services. exercise of fundamental freedoms guaranteed by the Treaty and be applied in a non- discriminatory manner, they must be justified by imperative requirements in the general interest, and suitable for securing the attainment of the objective which they pursue and they must not go beyond what is necessary in order to attain it. Or. en (GEBHARD ν CONSIGLIO DELL'ORDINE DEGLI AVVOCATI E PROCURATORI DI MILANO para 39)
2017/03/08
Committee: EMPL
Amendment 200 #
Proposal for a directive
Recital 12 a (new)
(Arblade, Join(12a) It is established by the ECJ case- law that social protection of workers can be acknowledged cases 369/96 and 376/96 (para 51)Seco, Joined cases 62 and 63/81, Seco SA v. Etablissement d’Assurance contre la Vieillesse et l’Invalidité and Raymond Vander Elst v overriding requirement justifying imposition of obligations capable of constituting restrictions on freedom to provide services, however, it is not the case where the workers employed by the employer are temporarily engaged in carrying out works in the host Member State and enjoy the same or essentially similar protection, by virtue of the obligations to which the employer is already subject in the Member State in which he is established. This is in particular important in preventing additional obligations for which the undertakings are already liable for the same periods of employment in the Member State where they are established. The ECJ has also excluded the legality of national provisions which make it more onerous to provide service for undertakings from other Member States than those established within the national territory, therefore hindering the free movement of services. Or. en Office des Migrations Internationales Case C-43/93.)
2017/03/08
Committee: EMPL
Amendment 203 #
Proposal for a directive
Recital 12 b (new)
(C-319/06, Commission of the European Communities v Grand Duchy of Luxemburg, para(12b) The ECJ has further clarified that provisions concerning collective agreements cannot per se constitute a public policy exception within the meaning of Article 3(10) of Directive 96/71. Or. en 64)
2017/03/08
Committee: EMPL
Amendment 206 #
Proposal for a directive
Recital 13
(13) The elements of remuneration under national law or universally applicable collective agreements information on elements of minimum rates of pay under national law or collective agreements or arbitration awards which have been declared universally applicable within the meaning of Article 3 (8)should be clear and, transparent and publicly accessible to all service providers. It is therefore justified to impose on Member States the obligation to publish the constituent elements of remunerationobligations deriving from Article 3 (1) of the Directive on the single website provided for by Article 5 of the Enforcement Directive.
2017/03/08
Committee: EMPL
Amendment 231 #
Proposal for a directive
Recital 14
(14) Laws, regulations, administrative provisions or collective agreements applicable in Member States may ensure that subcontracting does not confer on undertakings the possibility to avoid rules guaranteeing certain terms and conditions of employment covering remuneration. Where such rules on remuneration exist at national level, the Member State may apply them in a non- discriminatory manner to undertakings posting wMember States have the freedom to establish and enforce on their territory appropriate measures applicable to local and foreign service providers in orkders to its territory provided that they do not disproportionately restrict the cross-border provision of serviceensure compliance with the applicable rules to subcontracting chains.
2017/03/08
Committee: EMPL
Amendment 250 #
Proposal for a directive
Recital 15
(15) Directive 2008/104/EC of the European Parliament and of the Council on temporary agency work gives expression to the principle that the basic working and employment conditions applicable to temporary agency workers should be at least those which would apply to such workers if they were recruited by the user undertaking to occupy the same job. This principle should also apply to temporary agency workers posted to another Member Stateregulates employment conditions applicable to temporary agency workers.
2017/03/08
Committee: EMPL
Amendment 262 #
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Directive 96/71/EC
Article 1 – paragraph 2 a (new)
(–1) In Article 1, the following paragraph 2a is inserted: 2a. This Directive shall not apply to transport services such as transit, international transport and cabotage.
2017/03/08
Committee: EMPL
Amendment 286 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2 a – title
Posting exceeding twenty-four monthsDuration of posting
2017/03/08
Committee: EMPL
Amendment 287 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2 a – paragraph 1
1. When the anticipated or the effective duration of posting exceeds twenty-four months, the Member State to whose territory a worker is posted shall be deemed to be the country in which his or her work is habitually carried out.deleted
2017/03/08
Committee: EMPL
Amendment 309 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 1 a (new)
(Article1a. To evaluate whether the employment contract falls under Art 8 (4) of Enforcement Directive: Where it appears from the circumstances as a whole Rome I Regulation, the national competent authorities will rely on Article 4 of the Enforcement Directive 2014/67/EU. Or. en that the contract is more closely connected with a country other than that indicated in paragraphs 2 or 3, the law of that other country shall apply.)
2017/03/08
Committee: EMPL
Amendment 321 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 96/71
Article 2a – paragraph 2
2. For the purpose of paragraph 1, in case of replacement of posted workers performing the same task at the same place, the cumulative duration of the posting periods of the workers concerned shall be taken into account, with regard to workers that are posted for an effective duration of at least six months.deleted
2017/03/08
Committee: EMPL
Amendment 370 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – indent 2 – point c
(c) remuneration, includingthe minimum rates of pay, including pay for hourly work and/or piecework according to pay groups and overtime rates; this point does not apply to supplementary occupational retirement pension schemes;
2017/03/08
Committee: EMPL
Amendment 409 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2
For the purposes of this Directive, remuneration means all the elements of remuneration rendered mandatorythe concept of minimum rates of pay referred to in paragraph 1 (c) is defined by national law, regulation or administrative provision, collective agreements or arbitration awards which have been declared universally applicable and/or, in the absence of a system for declaring collective agreements or arbitration awards to be of universal application, other collective agreements or arbitration awards within the meaning of paragraph 8 second subparagraph, in the Member State to whose territory the worker is posted.
2017/03/08
Committee: EMPL
Amendment 423 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 3
Member States shall publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of remuneration in accordance with point (c)minimum rates of pay as established by law, regulation or administrative provision, and/or by collective agreements or arbitration awards which have been declared universally applicable within the meaning of paragraph 8.
2017/03/08
Committee: EMPL
Amendment 424 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 3
Member States shall publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of remuneration in accordance with point (c)minimum rates of pay as established by law, regulation or administrative provision, and/or by collective agreements or arbitration awards which have been declared universally applicable within the meaning of paragraph 8.
2017/03/08
Committee: EMPL
Amendment 440 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71
Article 3 – paragraph 1 – subparagraph 3 a
For the purpose of calculating the sums due to a posted worker double payments of equal or similar nature shall be avoided.
2017/03/08
Committee: EMPL
Amendment 443 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 3 a (new)
For the purpose of calculating the sums due to a posted worker double payments of equal or similar nature shall be avoided. Miscalculation or omission of payments to a posted worker resulting from not accessible, incorrect or insufficient information published in the single official national website will not be sanctioned by national authorities.
2017/03/08
Committee: EMPL
Amendment 450 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Directive 96/71/EC
Article 3 – paragraph 1 a
(b) The following paragraph is added: 1a. territory of a Member State are obliged by law, regulation, administrative provision or collective agreement, to sub-contract in the context of their contractual obligations only to undertakings that guarantee certain terms and conditions of employment covering remuneration,, the Member State may, on a non– discriminatory and proportionate basis, provide that such undertakings shall be under the same obligation regarding subcontracts with undertakings referred to in Article 1 (1) posting workers to its territory.deleted If undertakings established in the
2017/03/08
Committee: EMPL