6 Amendments of Arkadiusz Tomasz BRATKOWSKI related to 2012/0061(COD)
Amendment 90 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Competent authorities shall make an overall assessment of all factual elements in order to determine if the worker is genuinely posted. If the proof cannot be produced, Member States involved shall collaborate closely and with no delay in order to choose which law is applicable to the employment contract, basing themselves on the Rome I Regulation.
Amendment 100 #
Proposal for a directive
Recital 9
Recital 9
(9) For the purpose of ensuring that a posted worker receives the correct pay and provided allowances specific to posting can be considered part of minimum rates of pay, such allowances should only be deducted from wages if national law, collective agreements and/or practice of the host Member State provide for this. It is up to the national law of the Member State of establishment if the employer is obliged to provide or reimburse the costs of travel, board, lodging/accommodation. It is however up to the national law of the host Member State if it is included in the minimum wage.
Amendment 111 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) Member States shall take appropriate measures in order to prevent the misuse and/or circumvention of the Directive 96/71/EC and this Directive by the undertakings for the purpose of depriving posted workers of their rights or the withholding of such rights.
Amendment 434 #
Proposal for a directive
Article 5 – paragraph 2 – point c
Article 5 – paragraph 2 – point c
(c) make the information available to workers and service providers in, free of charge, in English and in other most relevant languages other than the national language(s) of the country in which the services are provided, if possible in summarised leaflet form indicating the main labour conditions applicable and upon requests in formats accessible to persons with disabilities;
Amendment 456 #
Proposal for a directive
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. The undertaking shall inform in writing its workers about their rights during the period of their posting. Analogously, the contractor present in the host Member State shall inform in writing its foreign subcontractors about the terms and conditions of employment in force in the host Member State.
Amendment 522 #
Proposal for a directive
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. The Member States are encouraged to establish points of information and practical help for the posted workers in order to ensure that they dispose of a proper knowledge about their rights. The place of the information points and the language coverage shall be decided upon an estimation of the presence of posted workers in the territory of the Member State concerned. This applies to both the Member State of establishment and the host Member State, since it is equally important to provide the worker with the information before his/her departure and during his/her period of posting.