[ParlTrack]

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – introductory part

1. For the purpose of implementing, applying and enforcing Directive 96/71/EC the competent authorities shall take into account factual elements characterising the activities carried out by an undertaking in the State in which it is established in order to determine whether it genuinely performs substantial activities, other than purely internal management and/or administrative activities. Such elements may only include:

2013/01/21
Committee: EMPL

Milan CABRNOCH, Anthea McINTYRE

Proposal for a directive
Article 5 – paragraph 2 – point d

(d) improve the relevance, accessibility ~~of the information~~ and clarity of the information provided on national websites;

2013/01/21
Committee: EMPL

Milan CABRNOCH, Anthea McINTYRE

Proposal for a directive
Article 9 – paragraph 1 – point b

(b) an obligation to keep or make available and/or retain copies in paper or electronic form of the employment contract (or an equivalent document within the meaning of ~~Directive 91/533, including, where appropriate or relevant, the additional information referred to in Article~~Articles 2(2) and 4 of thate Directive~~), payslips, time-sheets and proof of payment of wages or copies of equivalent documents~~ 91/533/EC during the period of posting in an accessible and clearly identified place ~~in its territory~~, such as the workplace or the building site, or for mobile workers in the transport sector the operations base or the vehicle with ~~which the~~ service is provided other documents such as payslips, time-sheets and proof of payment of wages should be delivered within a reasonable period referred to in Article 6 (5) at the request of the authorities of the host Member State either by the employer or by competent bodies in the Member State of establishment;

2013/01/21
Committee: EMPL

Milan CABRNOCH, Anthea McINTYRE

Proposal for a directive
Article 9 – paragraph 1 – point c

(c) a translation of the documents referred to under (b), may be justified provided these documents are not excessively long and standardised forms are generally used for such documents; translation will not be at the expense of employers;

2013/01/21
Committee: EMPL

Milan CABRNOCH, Anthea McINTYRE

Proposal for a directive
Article 9 – paragraph 1 – point d

(d) ~~an obligation to designate a contact person to negotiate, if necessary, on behalf of~~the possibility to designate, if necessary, a contact person to represent the employer ~~with~~in the ~~relevant social partners in the~~host Member State to which the posting takes place, in accordance with national legislation and practice, ~~during the~~within period in which the services are provided.

2013/01/21
Committee: EMPL

Milan CABRNOCH, Anthea McINTYRE

Proposal for a directive
Article 11 – paragraph 3

3. Member States shall ensure that trade unions and other third parties, such as associations, organisations and other legal entities which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that the provisions of this Directive are complied with, may engage, on behalf or in support of the posted workers or their employer, with their approval in any judicial or administrative proceedings provided for with the objective of implementing this Directive and/or enforcing the obligations under this Directive.deleted

2013/01/21
Committee: EMPL

Milan CABRNOCH, Anthea McINTYRE

Proposal for a directive
Article 12

1. With respect to the construction activities referred to in the Annex to Directive 96/71/EC, for all posting situations covered by Article 1(3) of Directive 96/71/EC, the Member States shall ensure on a non–discriminatory basis with regard to the protection of the equivalent rights of employees of direct subcontractors established in its territory, that the contractor of which the employer (service provider or temporary employment undertaking or placement agency) is a direct subcontractor can, in addition to or in place of the employer, be held liable by the posted worker and/or common funds or institutions of social partners for non-payment of the following: (a) any outstanding net remuneration corresponding to the minimum rates of pay and/or contributions due to common funds or institutions of social partners in so far as covered by Article 3 (1) of Directive 96/71/EC; (b) any back-payments or refund of taxes or social security contributions unduly with held from his/her salary. The liability referred to in the present paragraph shall be limited to worker's rights acquired under the contractual relationship between the contractor and his subcontractor. 2. Member States shall provide that a contractor who has undertaken due diligence shall not be liable in accordance with paragraph 1. Such systems shall be applied in a transparent, non discriminatory and proportionate way. They may imply preventive measures taken by the contractor concerning proof provided by the subcontractor of the main working conditions applied to the posted workers as referred to in Article 3 (1) of Directive 96/71/EC, including pay slips and payment of wages, the respect of social security and/or taxation obligations in the Member State of establishment and compliance with the applicable rules on posting of workers. 3. Member States may, in conformity with Union law, provide for more stringent liability rules under national law on a non-discriminatory and proportionate basis in regard to the scope and range of subcontractor liability. Member States may also, in conformity with Union law, provide for such liability in sectors other than those contained in the Annex to Directive 96/71/EC. Member States may in these cases provide that a contractor that has undertaken due diligence as defined by national law shall not be liable. 4. Within three years after the date referred to in Article 20, the Commission shall, in consultation with the Member States and social partners at EU level, review the application of this Article with a view to proposing, where appropriate, any necessary amendments or modifications.Article 12 deleted Subcontracting — Joint and several liability

2013/01/21
Committee: EMPL

7 Amendments of Anthea McINTYRE related to 2012/0061(COD)

ParlTrack - 2011-2024