[ParlTrack]

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Emer COSTELLO, Jutta STEINRUCK, Evelyn REGNER, Richard FALBR, Françoise CASTEX, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Recital 24

(24) ~~In view of the prevalence of subcontracting in the construction sector,~~With a view to reducing abuses in subcontracting situations 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 authoritiesall contractors up the chain can be held liable to pay to posted workers all entitlements due to him/her.

2013/01/17
Committee: EMPL

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Emer COSTELLO, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Frédéric DAERDEN, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

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

2013/01/21
Committee: EMPL

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Emer COSTELLO, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Frédéric DAERDEN, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

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

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Emer COSTELLO, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Frédéric DAERDEN, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

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

2013/01/21
Committee: EMPL

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Emer COSTELLO, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Frédéric DAERDEN, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

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

2013/01/21
Committee: EMPL

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Emer COSTELLO, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Frédéric DAERDEN, Birgit SIPPEL, Sergio Gaetano COFFERATI

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

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Emer COSTELLO, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Frédéric DAERDEN, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

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

2013/01/21
Committee: EMPL

Stephen HUGHES, Minodora CLIVETI, Alejandro CERCAS, Emer COSTELLO, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Frédéric DAERDEN, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

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

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Emer COSTELLO, Liisa JAAKONSAARI, Evelyn REGNER, Richard FALBR, Frédéric DAERDEN, Françoise CASTEX, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI, Pervenche BERÈS

Proposal for a directive
Article 12 a (new)

Article 12a Subcontracting and liability 1. Each Member State shall take the necessary measures to ensure that an undertaking which appoints a subcontractor to provide services is liable, in addition to and/or in place of that subcontractor, for obligations of that subcontractor and any other intermediate. 2. This shall not in any way preclude the application of already existing more stringent rules at national level nor the introduction of those. 3. Member States may limit vertical subcontracting to three levels provided that the limitation is not discriminatory.

2013/01/21
Committee: EMPL

9 Amendments of Emer COSTELLO related to 2012/0061(COD)

ParlTrack - 2011-2024