BETA

56 Amendments of Phil BENNION related to 2012/0061(COD)

Proposal for a directive
Recital 2

(2) The free movement of workers gives every citizen the right to move freely to another Member State to work and reside there for that purpose and protects them against discrimination as regards employment, remuneration and other working conditions in comparison to nationals of that Member State. ~~It needs to be distinguished~~This right of free movement is distinct from the freedom to provide services, which includes the right of undertakings to provide services in another Member State, for which they may send (‘post’) their own workers temporarily to carry out the work necessary to provide these services there.

2013/01/17
Committee: EMPL

Proposal for a directive
Recital 10

(10) Adequate and effective implementation and enforcement are key elements in protecting the rights of posted workers, whereas poor enforcement undermines the effectiveness of the Union rules applicable in this area. CIt is therefore essential to establish and maintain close cooperation between Member States, the Commission, and ~~the Member States is therefore essential, without neglecting the important role of~~relevant national, regional, and local actors including labour inspectorates and the social partners in this respect.

2013/01/17
Committee: EMPL

Proposal for a directive
Recital 12

(12) In order to facilitate better and more uniform application of Directive 96/71/EC, it is appropriate to provide for an electronic information exchange system to facilitate administrative cooperation and competent authorities should use the Internal Market Information System (IMI) as much as possible. However, this ~~should~~does not prevent the application of bilateral agreements or arrangements concerning administrative cooperation.

2013/01/17
Committee: EMPL

Proposal for a directive
Recital 14

(14) Member States ~~obligations~~must inform the Commission of how they intend to make information on terms and conditions of employment generally available and ~~to provide effective access to it, not only to service providers from other Member States, but also to the posted workers concerned, should be further concretised~~accessible to posted workers and service providers from other Member States.

2013/01/17
Committee: EMPL

Proposal for a directive
Recital 2

(2) The free movement of workers gives every citizen the right to move freely to another Member State to work and reside there for that purpose and protects them against discrimination as regards employment, remuneration and other working conditions in comparison to nationals of that Member State. ~~It needs to be distinguished~~This right of free movement is distinct from the freedom to provide services, which includes the right of undertakings to provide services in another Member State, for which they may send (‘post’) their own workers temporarily to carry out the work necessary to provide these services there.

2012/11/07
Committee: IMCO

Phil BENNION, Philippe DE BACKER

Proposal for a directive
Recital 10

(10) Adequate and effective implementation and enforcement are key elements in protecting the rights of posted workers, whereas poor enforcement undermines the effectiveness of the Union rules applicable in this area. CIt is therefore essential to establish and maintain close cooperation between Member States, the Commission, and ~~the Member States is therefore essential, without neglecting the important role of~~relevant national, regional, and local actors including labour inspectorates and the social partners in this respect.

2012/11/07
Committee: IMCO

Proposal for a directive
Recital 17

(17) A ~~comprehensive system of preventive and control measures, together with deterrent penalties to identify and~~ ll forms of fraudulent use of "self- employed" status must be prohibited through a comprevhen~~t individual instances of bogus self- employed, should contribute to combat concealed employment effectively~~sive system of preventive control measures and deterrent penalties.

2013/01/17
Committee: EMPL

Proposal for a directive
Recital 12

(12) In order to facilitate better and more uniform application of Directive 96/71/EC, it is appropriate to provide for an electronic information exchange system to facilitate administrative cooperation and competent authorities should use the Internal Market Information System (IMI) as much as possible. However, this ~~should~~does not prevent the application of bilateral agreements or arrangements concerning administrative cooperation.

2012/11/07
Committee: IMCO

Proposal for a directive
Recital 14

(14) Member States ~~obligations~~must inform the Commission of how they intend to make information on terms and conditions of employment generally available and ~~to provide effective access to it, not only to service providers from other Member States, but also to the posted workers concerned, should be further concretised~~accessible to posted workers and service providers from other Member States.

2012/11/07
Committee: IMCO

Proposal for a directive
Recital 17

(17) A ~~comprehensive system of preventive and control measures, together with deterrent penalties to identify and~~ ll forms of fraudulent use of "self- employed" status must be prohibited through a comprevhen~~t individual instances of bogus self- employed, should contribute to combat concealed employment effectively~~sive system of preventive control measures and deterrent penalties.

2012/11/07
Committee: IMCO

Proposal for a directive
Recital 24

(24) In view of the prevalence of subcontracting in the construction sector, and in order to protect posted workers‘ rights, it is necessary to ensure that in such sector at least the contractor of which the employer is a direct subcontractor can be held liable to pay to posted workers the net minimum rates of pay due, any back-payments of outstanding remuneration and/or contributions due to common funds or institutions of social partners regulated by law or collective agreement in so far as these are covered by Article 3 (1) of Directive 96/71/EC in addition to or in place of the employer. The contractor shall not be held liable if he/she has undertaken due diligence. The latter may imply preventive measures concerning proof provided by the subcontractor, including where relevant based upon information emanating from national authorities.deleted

2013/01/17
Committee: EMPL

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Othmar KARAS, Phil BENNION, Malcolm HARBOUR

Proposal for a directive
Recital 24

(24) In view of the prevalence of subcontracting in the construction sector, and in order to protect posted workers‘ rights, it is necessary to ensure that in such sector at least the contractor of which the employer is a direct subcontractor can be held liable to pay to posted workers the net minimum rates of pay due, any back-payments of outstanding remuneration and/or contributions due to common funds or institutions of social partners regulated by law or collective agreement in so far as these are covered by Article 3 (1) of Directive 96/71/EC in addition to or in place of the employer. The contractor shall not be held liable if he/she has undertaken due diligence. The latter may imply preventive measures concerning proof provided by the subcontractor, including where relevant based upon information emanating from national authorities.deleted

2013/01/17
Committee: EMPL

Phil BENNION, Philippe DE BACKER

Proposal for a directive
Recital 24

(24) In view of the prevalence of subcontracting in the construction sector, and in order to protect posted workers‘ rights, it is necessary to ensure that in such sector at least the contractor of which the employer is a direct subcontractor can be held liable to pay to posted workers the net minimum rates of pay due, any back-payments of outstanding remuneration and/or contributions due to common funds or institutions of social partners regulated by law or collective agreement in so far as these are covered by Article 3 (1) of Directive 96/71/EC in addition to or in place of the employer. The contractor shall not be held liable if he/she has undertaken due diligence. The latter may imply preventive measures concerning proof provided by the subcontractor, including where relevant based upon information emanating from national authorities.deleted

2012/11/07
Committee: IMCO

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Phil BENNION, Othmar KARAS

Proposal for a directive
Recital 24

(24) In view of the prevalence of subcontracting in the construction sector, and in order to protect posted workers‘ rights, it is necessary to ensure that in such sector at least the contractor of which the employer is a direct subcontractor can be held liable to pay to posted workers the net minimum rates of pay due, any back-payments of outstanding remuneration and/or contributions due to common funds or institutions of social partners regulated by law or collective agreement in so far as these are covered by Article 3 (1) of Directive 96/71/EC in addition to or in place of the employer. The contractor shall not be held liable if he/she has undertaken due diligence. The latter may imply preventive measures concerning proof provided by the subcontractor, including where relevant based upon information emanating from national authorities.deleted

2012/11/07
Committee: IMCO

Phil BENNION, Philippe DE BACKER

Proposal for a directive
Recital 25

(25) In specific cases, other contractors may, in accordance with national law and practice, be also held liable for failure to comply with the obligations under this Directive, or their liability may be limited, after consultation of the social partners at national or sectoral level.deleted

2012/11/07
Committee: IMCO

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Phil BENNION, Othmar KARAS

Proposal for a directive
Recital 25

(25) In specific cases, other contractors may, in accordance with national law and practice, be also held liable for failure to comply with the obligations under this Directive, or their liability may be limited, after consultation of the social partners at national or sectoral level.deleted

2012/11/07
Committee: IMCO

Phil BENNION, Philippe DE BACKER

Proposal for a directive
Recital 26

(26) The obligation to impose a liability requirement on the contractor where the direct subcontractor is a service provider, established in another Member State, posting workers is justified in the overriding public interest of the social protection of workers. Such posted workers may not be in the same situation as workers employed by a direct subcontractor established in the Member State of establishment of the contractor with regard to the possibility to claim outstanding pay or refunds of taxes or social security contributions unduly withheld.deleted

2012/11/07
Committee: IMCO

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Phil BENNION, Othmar KARAS

Proposal for a directive
Recital 26

(26) The obligation to impose a liability requirement on the contractor where the direct subcontractor is a service provider, established in another Member State, posting workers is justified in the overriding public interest of the social protection of workers. Such posted workers may not be in the same situation as workers employed by a direct subcontractor established in the Member State of establishment of the contractor with regard to the possibility to claim outstanding pay or refunds of taxes or social security contributions unduly withheld.deleted

2012/11/07
Committee: IMCO

Proposal for a directive
Recital 25

(25) In specific cases, other contractors may, in accordance with national law and practice, be also held liable for failure to comply with the obligations under this Directive, or their liability may be limited, after consultation of the social partners at national or sectoral level.deleted

2013/01/17
Committee: EMPL

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Phil BENNION, Othmar KARAS, Malcolm HARBOUR

Proposal for a directive
Recital 25

(25) In specific cases, other contractors may, in accordance with national law and practice, be also held liable for failure to comply with the obligations under this Directive, or their liability may be limited, after consultation of the social partners at national or sectoral level.deleted

2013/01/17
Committee: EMPL

Proposal for a directive
Recital 32

(32) Member States should take appropriate measures in the event of failure to comply with the obligations laid down in this Directive, including administrative and judicial procedures, and should provide for effective, dissuasive and proportionate penalties for any breaches of the obligations under this Directive. Failure of Member States to fully comply with this Directive should result in the launch of infringement proceedings by the Commission.

2012/11/07
Committee: IMCO

Proposal for a directive
Article 1 a (new)

Article 1 a In accordance with the principles of subsidiarity and proportionality, and in order to respect the national legal frameworks and industrial relations systems already in place, this Directive does not require Member States to replace existing legal procedures for the resolution and settlement of disputes with regard to pay, by means of a mandatory application of the principle of joint and several liability within subcontracting chains, either sect orally or generally, where such existing procedures are already properly implemented and respected.

2012/11/07
Committee: IMCO

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Phil BENNION, Othmar KARAS, Malcolm HARBOUR

Proposal for a directive
Recital 26

(26) The obligation to impose a liability requirement on the contractor where the direct subcontractor is a service provider, established in another Member State, posting workers is justified in the overriding public interest of the social protection of workers. Such posted workers may not be in the same situation as workers employed by a direct subcontractor established in the Member State of establishment of the contractor with regard to the possibility to claim outstanding pay or refunds of taxes or social security contributions unduly withheld.deleted

2013/01/17
Committee: EMPL

Proposal for a directive
Recital 26

(26) The obligation to impose a liability requirement on the contractor where the direct subcontractor is a service provider, established in another Member State, posting workers is justified in the overriding public interest of the social protection of workers. Such posted workers may not be in the same situation as workers employed by a direct subcontractor established in the Member State of establishment of the contractor with regard to the possibility to claim outstanding pay or refunds of taxes or social security contributions unduly withheld.deleted

2013/01/17
Committee: EMPL

Proposal for a directive
Recital 32

(32) Member States should take appropriate measures in the event of failure to comply with the obligations laid down in this Directive, including administrative and judicial procedures, and should provide for effective, dissuasive and proportionate penalties for any breaches of the obligations under this Directive. Failure of Member States to fully comply with this Directive should result in the launch of infringement proceedings by the Commission.

2013/01/17
Committee: EMPL

Proposal for a directive
Article 1 a (new)

Article 1 a In accordance with the principles of subsidiarity and proportionality, and in order to respect the national legal frameworks and industrial relations systems already in place, this Directive does not require Member States to replace existing legal procedures for the resolution and settlement of disputes with regard to pay, by means of a mandatory application of the principle of joint and several liability within subcontracting chains, either sectorally or generally, where such existing procedures are already properly implemented and respected.

2013/01/21
Committee: EMPL

Proposal for a directive
Article 6 – paragraph 2

2. The cooperation of the Member States shall in particular consist inof re~~plying~~sponding in a swift and effective manner to reasoned requests for information and to carry out checks, inspections and investigations ~~from~~by their competent authorities with respect to the situations of posting referred to in Article 1 (3) of Directive 96/71/EC, including investigation of any abuses of applicable rules on the posting of workers or possible cases of unlawful transnational activities and initiating appropriate actions in line with national laws and practices.

2012/11/07
Committee: IMCO

Phil BENNION, Philippe DE BACKER

Proposal for a directive
Article 6 – paragraph 3

3. For the purpose of responding to a request for assistance from competent authorities in another Member State, Member States shall ensure that service providers established in their territory supply their competent authorities with all the information necessary for supervising their activities in compliance with their national laws. Where service providers fail to provide such information, appropriate action must be initiated by the competent authorities within the host state, and where appropriate in cooperation with the competent authorities of the state of establishment.

2012/11/07
Committee: IMCO

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, where there is doubt with regard to the nature of a posting, 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 include~~assessments must be proportionate and non-discriminatory, and may include the following elements:

2013/01/21
Committee: EMPL

Proposal for a directive
Article 11 – paragraph 5 a (new)

5 a. Posted workers taking judicial or administrative proceedings shall be protected from detrimental treatment by the employer as a result of such judicial proceedings against the employer.

2012/11/07
Committee: IMCO

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Phil BENNION, Othmar KARAS

Proposal for a directive
Article 12

~~[...]~~deleted

2012/11/07
Committee: IMCO

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Phil BENNION, Othmar KARAS

Proposal for a directive
Article 12 – paragraph 1

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.deleted

2012/11/07
Committee: IMCO

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Phil BENNION, Othmar KARAS

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 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.deleted

2012/11/07
Committee: IMCO

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – introductory part

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 ensur~~may provide 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:

2012/11/07
Committee: IMCO

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Malcolm HARBOUR, Adam BIELAN, Phil BENNION, Othmar KARAS

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point a

(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;deleted

2012/11/07
Committee: IMCO

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Phil BENNION, Othmar KARAS

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point b

~~(b) any back-payments or refund of taxes or social security contributions unduly with held from his/her salary.~~deleted

2012/11/07
Committee: IMCO

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Phil BENNION, Othmar KARAS

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2

~~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.~~deleted

2012/11/07
Committee: IMCO

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Phil BENNION, Othmar KARAS

Proposal for a directive
Article 12 – paragraph 2

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.deleted

2012/11/07
Committee: IMCO

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Phil BENNION, Othmar KARAS

Proposal for a directive
Article 12 – paragraph 3

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.deleted

2012/11/07
Committee: IMCO

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Phil BENNION, Othmar KARAS

Proposal for a directive
Article 12 – paragraph 4

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.deleted

2012/11/07
Committee: IMCO

Proposal for a directive
Article 14 – paragraph 3 a (new)

3 a. The provisions on recovery of fines or penalties shall also apply to fines imposed as part of enforceable statutory decisions by national courts.

2012/11/07
Committee: IMCO

Proposal for a directive
Article 3 – paragraph 2 – subparagraph 3

All the factual elements enumerated above are indicative factors in the overall assessment to be made and may not therefore be considered in isolation. The criteria shall be adapted to each specific case and take account of the specificities of the situation. Failure to satisfy one or more of these criteria does not necessarily indicate that a genuine situation of posting is not in place.

2013/01/21
Committee: EMPL

Proposal for a directive
Article 6 – paragraph 2

2. The cooperation of the Member States shall in particular consist inof re~~plying~~sponding in a swift and effective manner to reasoned requests for information and to carry out checks, inspections and investigations ~~from~~by their competent authorities with respect to the situations of posting referred to in Article 1 (3) of Directive 96/71/EC, including investigation of any abuses of applicable rules on the posting of workers or possible cases of unlawful transnational activities, and initiating appropriate actions in line with national laws and practices.

2013/01/21
Committee: EMPL

Proposal for a directive
Article 6 – paragraph 3

3. For the purpose of responding to a request for assistance from competent authorities in another Member State, Member States shall ensure that service providers established in their territory supply their competent authorities with all the information necessary for supervising their activities in compliance with their national laws. Where service providers fail to provide such information, appropriate action must be initiated by the competent authorities within the host state, and where appropriate in cooperation with the competent authorities of the state of establishment.

2013/01/21
Committee: EMPL

Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point a

(a) any outstanding remuneration which is due and/or contributions due to common funds or institutions of social partners, under the applicable terms and conditions of employment covered by Article 3 of Directive 96/71/EC~~, would have been due~~;

2013/01/21
Committee: EMPL

Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point b a (new)

(ba) any back-payments or refund of taxes or social security contributions unduly withheld from the worker's salary.

2013/01/21
Committee: EMPL

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Othmar KARAS, Malcolm HARBOUR, Phil BENNION

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

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Phil BENNION, Othmar KARAS, Malcolm HARBOUR

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1

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.deleted

2013/01/21
Committee: EMPL

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – introductory part

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 ensur~~may provide 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:

2013/01/21
Committee: EMPL

Nadja HIRSCH, Phil BENNION

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – introductory part

1. ~~With respect to the construction activities refer~~Member States shall ensured t~~o in~~hat the ~~Annex to Directive 96/71/EC, for all posting situ~~direct employer shall be liable to pay any outstanding remuneration as 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 sub1 paragraph 5 a, the refund of excessive costs according to Article 11 paragraph 5 b, any back-payments or refund of taxes or social security contributions. This shall also be ensured after the employee has returned to his/her home countr~~act~~y or 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:~~other Member State. Member States may apply more stringent rules at national level or introduce such rules.

2013/01/21
Committee: EMPL

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point a

(a) any outstanding net remuneration ~~corresponding to the minimum rates of pay~~which is due 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;

2013/01/21
Committee: EMPL

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point a a (new)

(aa) refund of excessive costs, in relation to net remuneration or to the quality of the accommodation, withheld or deducted from wages for accommodation provided by the employer; and

2013/01/21
Committee: EMPL

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point b

(b) any back-payments or refund of taxes or social security contributions unduly with held from ~~his/her~~the worker's salary.

2013/01/21
Committee: EMPL

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Phil BENNION, Othmar KARAS, Malcolm HARBOUR

Proposal for a directive
Article 12 – paragraph 2

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.deleted

2013/01/21
Committee: EMPL

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Phil BENNION, Othmar KARAS, Malcolm HARBOUR

Proposal for a directive
Article 12 – paragraph 4

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.deleted

2013/01/21
Committee: EMPL

Proposal for a directive
Article 14 – paragraph 3 a (new)

3a. The provisions on recovery of fines or penalties shall also apply to fines imposed as part of enforceable statutory decisions by national courts.

2013/01/21
Committee: EMPL