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30 Amendments of Dita CHARANZOVÁ related to 2016/0070(COD)

Amendment 13 #
Proposal for a directive
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1), 56 and 62 thereof,
2017/03/27
Committee: IMCO
Amendment 16 #
Proposal for a directive
Citation 3
After transmission of the draft legislative act to the national parliaments and the following 11 reasoned opinions by national parliaments objecting the Commission proposal on grounds of subsidiarity,
2017/03/27
Committee: IMCO
Amendment 20 #
Proposal for a directive
Citation 4
Having regard to the opinion of the European Economic and Social Committee5, and its counter-opinion, __________________ 5 OJ C,, p..
2017/03/27
Committee: IMCO
Amendment 43 #
Proposal for a directive
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 w, including for companies providing cross-borkders of the user undertaking. (See ECJ cases Case C-76/90, Manfred Säger v Dennemeyer & Co. Ltd, [1991] ECR I-4221; Case C-55/94, Reinhard Gebhard v Consiglio dell'Or services. Or. en includineg degli Avvocati e Procuratori di Milano, [1995] ECR I-04165 and E.g. Joined cases 62 and 63/81, See also Seco SA v. Etablissement d’Assurance contre la Vieillesse et l’Invalidité, [1982] ECR 223, para 8,irect and indirect discrimination)
2017/03/27
Committee: IMCO
Amendment 53 #
Proposal for a directive
Recital 7 a (new)
(Case C- 113/89, Rush Portuguesa Ldª v Office national d'immigration, [1990] ECRI-1417, judgment, para 15; Raymond Vander Elst v Office des Migrations Internationales, [1994](7 a) The ECJ case-law has established that posted workers do not in any way gain access to the host country´s labour market if they return to their country of origin after completion of their work. Or. en ECR I-3803, para. 21)
2017/03/27
Committee: IMCO
Amendment 54 #
Proposal for a directive
Recital 7 b (new)
(Case C-55/94, Reinhard Gebhard v Consiglio dell'Ordine degli Avvocati e Procuratori di (7 b) The ECJ has held that the temporary nature of the provision of services is to be determined in the light of its duration, regularity, periodicity and continuity. The provider of services, within the meaning of the Treaty, may equip himself in the host Member State with the infrastructure necessary for the purposes of performing the services in question. Or. en Milano, [1995] ECR I-04165, para. 39; Case C-396/1, Sähköalojen ammattiliitto ry c/ Elektrobudowa Spółka Akcyjna [2015] Case C-396/1)
2017/03/27
Committee: IMCO
Amendment 56 #
Proposal for a directive
Recital 7 c (new)
(7 c) The aim of Article 4 of Directive 2014/67/EU on the Enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services is to identify genuine posting and prevent abuse and circumvention.
2017/03/27
Committee: IMCO
Amendment 60 #
Proposal for a directive
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. 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.deleted
2017/03/27
Committee: IMCO
Amendment 69 #
Proposal for a directive
Recital 8 a (new)
(8 a) It is the prerogative of the national competent authorities to assess whether the professional activity pursued in the context of provision of services is genuine and whether the provisions of this Directive are applicable in each individual case according to Directive Article 4 of Directive 2014/67/EU.
2017/03/27
Committee: IMCO
Amendment 74 #
Proposal for a directive
Recital 9
(9) Article 56 of the Treaty on the Functioning of the European Union (TFEU) requires the abolition of any restriction on the freedom to provide services, even if that restriction applies without distinction to national service providers and to those of other Member States, which is liable to prohibit, impede and render less attractive the activities of a service provider established in another Member State where it lawfully provides similar services. It is settled case law that restrictions to the freedom to provide services are only admissible if justified by overriding reasons inrelated to the public interest and must be appropriate, proportionate and necessary.
2017/03/27
Committee: IMCO
Amendment 83 #
Proposal for a directive
Recital 10
(10) Because of the highly mobile nature of work in international road transport, the implementation of the posting of workers directive raises particular legal questions and difficulties (especially where the link with the concerned Member State is insufficient). It would be most suitTherefore transport services such as transit, international transport and linked cabotage are excluded forom these challenges to scope of this Directive and should be addressed through sector-specific legislation together with other EU initiatives aimed at improving the functioning of the internal road transport market.
2017/03/27
Committee: IMCO
Amendment 92 #
Proposal for a directive
Recital 11
(11) In a competitive internal market, service providers compete not only on the basis of a labour costs but also on factors such as supply of skills, productivity and efficiency, or the quality and innovation of their goods and services.
2017/03/27
Committee: IMCO
Amendment 93 #
Proposal for a directive
Recital 11
(11) In a competitive internal market, service providers compete not only on the basis of a labour costs but also on factors such as productivity and efficiency, or the quality and innovation of their goods and services.
2017/03/27
Committee: IMCO
Amendment 94 #
Proposal for a directive
Recital 11 a (new)
(11 a) Respect for the diversity of national industrial relations systems as well as the autonomy of social partners is explicitly recognised by the Treaty on the Functioning of the European Union (TFEU).
2017/03/27
Committee: IMCO
Amendment 100 #
Proposal for a directive
Recital 12
(12) It is within Member States' competence to set rules on remunerationpay in accordance with their law and practice. However, national rules on remuneration applied to posted workers must be proportionate and justified by the need to protect posted workers and must not disproportionately resrestrict the cross- border provision of services. The national measures must not be liable for hindering or making less attriactive the cross-border provision of services. exercise of fundamental freedoms guaranteed by the Treaty and be applied in a non- discriminatory manner, they must be justified by imperative requirements in the general interest, and suitable for securing the attainment of the objective which they pursue and they must not go beyond what is necessary in order to attain it. Or. en (Gebhard n Consiglio Dell'ordine Degli Avvocati E Procuratori Di Milano para 39)
2017/03/27
Committee: IMCO
Amendment 107 #
Proposal for a directive
Recital 12 a (new)
(Arblade, Join(12a) It is established by the ECJ case- law that social protection of workers can be acknowledged cases 369/96 and 376/96 (para 51) Seco, Joined cases 62 and 63/81, Seco SA v. Etablissement d’Assurance contre la Vieillesse et l’Invalidité and Raymond Vander Elst overriding requirement justifying imposition of obligations capable of constituting restrictions on freedom to provide services, however, it is not the case where the workers employed by the employer are temporarily engaged in carrying out works in the host Member State and enjoy the same or essentially similar protection, by virtue of the obligations to which the employer is already subject in the Member State in which he is established. This is in particular important in preventing additional obligations for which the undertakings are already liable for the same periods of employment in the Member State where they are established. The ECJ has also excluded the legality of national provisions which make it more onerous to provide service for undertakings from other Member States than those established within the national territory, therefore hindering the free movement of services. Or. en v Office des Migrations Internationales Case C-43/93.)
2017/03/27
Committee: IMCO
Amendment 108 #
Proposal for a directive
Recital 12 b (new)
(C-319/06, Commission of the European Communities v Grand Duchy of Luxemburg, para(12b) The ECJ has further clarified that provisions concerning collective agreements cannot per se constitute a public policy exception within the meaning of Article 3(10) of Directive 96/71. Or. en 64)
2017/03/27
Committee: IMCO
Amendment 111 #
Proposal for a directive
Recital 13
(13) The elements of remuneration under national law or universally applicable collective agreements information on elements of minimum rates of pay under national law or collective agreements or arbitration awards which have been declared universally applicable within the meaning of Article 3 (8)should be clear and, transparent and publicly accessible to all service providers. It is therefore justified to impose on Member States the obligation to publish the constituent elements of remunerationobligations deriving from Article 3 (1) of the Directive on the single website provided for by Article 5 of the Enforcement Directive.
2017/03/27
Committee: IMCO
Amendment 119 #
Proposal for a directive
Recital 13 a (new)
(13a) All measures introduced by this Directive should be justified and proportionate so as not to create administrative burdens or to limit the potential that undertakings, in particular small and medium-sized enterprises (SMEs), have to create new jobs, while protecting posted workers.
2017/03/27
Committee: IMCO
Amendment 122 #
Proposal for a directive
Recital 14
(14) Laws, regulations, administrative provisions or collective agreements applicable in Member States may ensure that subcontracting does not confer on undertakings the possibility to avoid rules guaranteeing certain terms and conditions of employment covering remuneration. Where such rules on remuneration exist at national level, the Member State may apply them in a non- discriminatory manner to undertakings posting wMember States have the freedom to establish and enforce on their territory appropriate measures applicable to local and foreign service providers in orkders to its territory provided that they do not disproportionately restrict the cross-border provision of serviceensure compliance with the applicable rules to subcontracting chains.
2017/03/27
Committee: IMCO
Amendment 130 #
Proposal for a directive
Recital 15
(15) Directive 2008/104/EC of the European Parliament and of the Council on temporary agency work gives expression to the principle that the basic working and employment conditions applicable to temporary agency workers should be at least those which would apply to such workers if they were recruited by the user undertaking to occupy the same job. This principle should also apply to temporary agency workers posted to another Member Stateregulates employment conditions applicable to temporary agency workers.
2017/03/27
Committee: IMCO
Amendment 140 #
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Directive 96/71/EC
Article 1 – paragraph 2 a (new)
(-1) in Article 1, the following paragraph is added: 2a. This Directive shall not apply to transport services such as transit, international transport and cabotage.
2017/03/27
Committee: IMCO
Amendment 153 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – title
Posting exceeding twenty-four monthsDuration of posting
2017/03/27
Committee: IMCO
Amendment 154 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
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 deemed to be the country in which his or her work is habitually carried out.deleted
2017/03/27
Committee: IMCO
Amendment 161 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 1 a (new)
(Article 8 (4) of Enforcement Directive: Where it appears from the circumstances as a whole 1a. To evaluate whether the employment contract falls under Art 8 (4) of Rome I Regulation, the national competent authorities will rely on Article 4 of the Enforcement Directive 2014/67/EU. Or. en that the contract is more closely connected with a country other than that indicated in paragraphs 2 or 3, the law of that other country shall apply.)
2017/03/27
Committee: IMCO
Amendment 163 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 2
2. For the purpose of paragraph 1, in case of replacement of posted workers performing the same task at the same place, 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.deleted
2017/03/27
Committee: IMCO
Amendment 179 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – indent 2 – point c
(c) remuneration, includingthe minimum rates of pay, including pay for hourly work and/or piecework according to pay groups and overtime rates; this point does not apply to supplementary occupational retirement pension schemes;
2017/03/27
Committee: IMCO
Amendment 196 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2
For the purposes of this Directive, remuneration means all the elements of remuneration rendered mandatorythe concept of minimum rates of pay referred to in paragraph 1 (c) is defined by national law, regulation or administrative provision, collective agreements or arbitration awards which have been declared universally applicable and/or, in the absence of a system for declaring collective agreements or arbitration awards to be of universal application, other collective agreements or arbitration awards within the meaning of paragraph 8 second subparagraph, in the Member State to whose territory the worker is posted.
2017/03/27
Committee: IMCO
Amendment 199 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 3
Member States shall publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of remuneration in accordance with point (c)minimum rates of pay as established by law, regulation or administrative provision, and/or by collective agreements or arbitration awards which have been declared universally applicable within the meaning of paragraph 8. For the purpose of calculating the sums due to a posted worker, double payments of equal or similar nature shall be avoided. Miscalculation or omission of payments to a posted worker resulting from not accessible, incorrect or insufficient information published in the single official national website will not be sanctioned by national authorities.
2017/03/27
Committee: IMCO
Amendment 206 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Directive 96/71/EC
Article 3 – paragraph 1 a
(b) The following paragraph is added: “1a. If undertakings established in the territory of a Member State are obliged by law, regulation, administrative provision or collective agreement, to sub-contract in the context of their contractual obligations only to undertakings that guarantee certain terms and conditions of employment covering remuneration,, the Member State may, on a non– discriminatory and proportionate basis, provide that such undertakings shall be under the same obligation regarding subcontracts with undertakings referred to in Article 1 (1) posting workers to its territory.”deleted
2017/03/27
Committee: IMCO