20 Amendments of Anthea McINTYRE related to 2016/0070(COD)
Amendment 31 #
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1), 56 and 62 thereof,
Amendment 38 #
Proposal for a directive
Citation 3
Citation 3
After transmission of the draft legislative act to the national parliaments, and the subsequent 11 reasoned opinions by the national parliaments,
Amendment 40 #
Proposal for a directive
Citation 4
Citation 4
Having regard to the opinion and counter opinion of the European Economic and Social Committee5,; _________________ 5 OJ C,, p..
Amendment 66 #
Proposal for a directive
Recital 3
Recital 3
(3) According to Article 3 TEU, the Union shall promote social justice and protection. Article 9 TFEU givrequires the Union the task to promote ao take into account requirements linked to the promotion of high level of employment, tohe guarantee anof adequate social protection and to combat social exclusion, the fight against social exclusion, and a high level of education, training and protection of human health.
Amendment 77 #
Proposal for a directive
Recital 4
Recital 4
(4) Almost twenty years after its adoption, it is necessary to assess whether the Posting of Workers Directive still strikes the right balance between the need to promote the freedom to provide services and the need to protect the rights of posted workers, while respecting the principles enshrined in the EU, the TFEU and the Rome Convention of 19 June 1980.
Amendment 89 #
Proposal for a directive
Recital 5
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 workers of the user undertakingis includes the prohibition of direct discrimination and any other measures which may indirectly discriminate between citizens of a member state.
Amendment 96 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) The freedom of employers and workers to choose the applicable law should be one of the cornerstones of both the free movement of workers and the freedom to provide services.
Amendment 97 #
Proposal for a directive
Recital 6 b (new)
Recital 6 b (new)
(6b) Article 3 and 8 of Rome I Regulation 1a specifies that an individual employment contract shall be governed by the law chosen by that of the parties concerned. Such a choice may not deprive the employee of the protection of the mandatory rules of the law of the country which but for the choice of the parties, would have applied. _________________ 1a Regulation (EC) No 593/2008.
Amendment 101 #
Proposal for a directive
Recital 7
Recital 7
(7) The Rome I Regulation 1a further provides that the country where the worker is habitually carried ouresident shall not be deemed to have changed if he is temporarily employed in another country. _________________ 1a Regulation (EC) No 593/2008.
Amendment 120 #
Proposal for a directive
Recital 8
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, unless a derogation has been obtained by the employer from the national social security administration in accordance with Regulation 883/2004/EC. 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.
Amendment 178 #
Proposal for a directive
Recital 11
Recital 11
(11) In a competitive internal market, service providers compete not only on the basis of ainternal costs including labour costs but also on factors such as productivity and efficiency, or the quality and innovation of their goods and services and according to the highly variable costs of providing services in another member state.
Amendment 198 #
Proposal for a directive
Recital 12
Recital 12
(12) It is within Member States' competence to set rules on remuneration in accordance with their law and practice. However, national rules on remuneration applied to posted workers must be justified by the need to protect posted workersRules applied to posted workers must be in line with Rome I Regulation and must not disproportionately restrict the cross-border provision of services.
Amendment 291 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 1
Article 2a – 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 deepresumed to be the country in which his or her work is habitually carried out, unless the parties determine their choice of applicable law in accordance with Regulation 593/2008 or upon the application of the settled decisions of the Court of Justice the habitual residence of the worker is clearly another member state.
Amendment 303 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 1a (new)
Article 2a – paragraph 1a (new)
1a. 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 shall 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.
Amendment 315 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 1 b (new)
Article 2a – paragraph 1 b (new)
Amendment 324 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 2
Article 2a – paragraph 2
2. For the purpose of paragraph 1, in case of replacement of posted workers performundertaking the same taskactivities at the same place of work, 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 in determining the period of 24 months, provided that each period is of at least six continuous months duration and the expiry of each period is no more than four years from the commencement of any other period to be taken into account.
Amendment 374 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – indent 2 – point c
Article 3 – paragraph 1 – indent 2 – point c
(c) remuneration, including overtime rates as determined by the settled law of the Court of Justice; this point does not apply to supplementary occupational retirement pension schemes;
Amendment 405 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
Amendment 501 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point e a (new)
Article 1 – paragraph 1 – point 2 – point e a (new)
Directive 96/71/EC
Article 3 – paragraph 10 a (new)
Article 3 – paragraph 10 a (new)
(ea) after paragraph 10, the following paragraph 10a is added: 10a. Member States shall, after consulting the social partners, in accordance with traditions and practices of each Member State, exempt employers and workers from the requirements contained in Article 3(1) (a), (b) and (c) above where the activities of the employer and the workers take place in the following sectors: (a) the manufacture, supply, servicing or maintenance of machinery, equipment and any other products to organisations providing medical treatment to citizens of the European Union, (b) the manufacture, supply, servicing or maintenance of machinery, equipment and any other products in the defence sector or in any other areas necessary for the defence of a Member State or the European Union, (c) the manufacture, supply, servicing or maintenance of machinery, equipment and any other products in the aero-space sector, (d) the manufacture, supply, servicing or maintenance of machinery, equipment and any other products in the rail transport sector, (e) the manufacture, supply, servicing or maintenance of machinery, equipment and any other products of importance to the critical national infrastructure of a Member State or States, including the supply of energy and telecommunications services (f) the manufacture, supply, servicing or maintenance of machinery, equipment and any other products of importance to the preservation of the border security of a Member State or the European Union, (g) the manufacture, supply, servicing or maintenance of machinery, equipment and any other products of importance to the health and safety of workers or citizens of the European Union.
Amendment 502 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point e b (new)
Article 1 – paragraph 1 – point 2 – point e b (new)
Directive 96/71/EC
Article 3 – paragraph 10 b (new)
Article 3 – paragraph 10 b (new)
(eb) the following paragraph 10b is added: 10b. Member States shall, after consulting the social partners, in accordance with traditions and practices of each Member State, exempt employers and workers from the requirements contained in Article 3(1) (a), (b) and (c) above where the activates of the employer and the workers are for the purpose of facilitating the education and training of the workers or others.