16 Amendments of Georgi PIRINSKI related to 2016/0070(COD)
Amendment 74 #
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. The legislation should prevent the abuse of posted workers also by engaging them in any form of undeclared work including bogus self-employment.
Amendment 119 #
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. 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 period may be exceeded up to 36 months in the case that the posting is related to the implementation of a specific project following a preliminary fixed time-line and providing that such facts are explicitly mentioned and justified in the posting assignment. 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 199 #
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 workers and must not disproportionately restrict the cross-border provision of services.
Amendment 241 #
Proposal for a directive
Recital 14
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 workers to its territory provided that they do not disproportionately restrict the cross-border provision of services.
Amendment 252 #
Proposal for a directive
Recital 15
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 State. It is therefore justified to introduce certain restrictions in regard to the posting assignments of workers employed by temporary agencies.
Amendment 268 #
Proposal for a directive
Article 1 – paragraph 1 – point -1 a (new)
Article 1 – paragraph 1 – point -1 a (new)
Directive 96/71/EC
Article 1 – paragraph 3 – point c
Article 1 – paragraph 3 – point c
(–1a) Article 1(3)(c) is amended as follows: (c) being a temporary employment undertaking or placement agency, hire out a worker to a user undertaking established or operating in the territory of a Member State, provided the following three cumulative conditions are met: – there is an employment relationship between the temporary employment undertaking or placement agency and the worker during the period of posting. (For the purpose of this article: ‘employment relationship’ means all the facts relating to the performance of work, sub; – the worker posted by the temporary employment undertaking may only be posted for the purpose of perfordmination and the remg a service at the end user underation of the worker, notwithstanding how the relationship is taking; – posted workers are guaranteed the employment and working conditions, including remuneration, which aracterised in any arrangement, whether contractual or not, that may have been agreed between the parties.)e applicable in accordance with Article 5 of Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work; Or. fr
Amendment 269 #
Proposal for a directive
Article 1 – paragraph 1 – point -1 a (new)
Article 1 – paragraph 1 – point -1 a (new)
Directive 96/71/EC
Article 1 – paragraph 3 – point c a (new)
Article 1 – paragraph 3 – point c a (new)
Amendment 270 #
Proposal for a directive
Article 1 – paragraph 1 – point -1 b (new)
Article 1 – paragraph 1 – point -1 b (new)
Directive 96/71/EC
Article 1 – paragraph 3 – point c a (new)
Article 1 – paragraph 3 – point c a (new)
Amendment 337 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 2 a (new)
Article 2a – paragraph 2 a (new)
2a. By way of derogation from paragraph 1 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 when the effective duration of the posting exceeds 36 months if the following conditions are met: – the posting is related to the implementation of a specific project following a preliminary fixed time-line not exceeding 36 months; – the nature of the project and its duration are explicitly mentioned and justified in the posting assignment.
Amendment 344 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 2 b (new)
Article 2a – paragraph 2 b (new)
2b. Postings exceeding in duration 24 months in line with the provisions of paragraph 2a shall be subject to prior approval by the competent authorities of the host Member State.
Amendment 346 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 2 c (new)
Article 2a – paragraph 2 c (new)
2c. By way of derogation from paragraph 1, the Member State to whose territory a self-employed worker is posted shall be deemed to be the country in which his or her work is habitually carried out when the effective duration of the posting exceeds 6 months.
Amendment 404 #
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 1 – paragraph 2 – subparagraph 2
Article 1 – paragraph 2 – subparagraph 2
For the purpose of this Directive, remuneration means all the elements and the minimum rates of remuneration rendered mandatory 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.
Amendment 455 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 96/71/EC
Article 3 – paragraph 1 a
Article 3 – paragraph 1 a
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. The requirements concerning remuneration shall be applicable only to the employees of the subcontractor who are being posted in another Member State.
Amendment 467 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b a (new)
Article 1 – paragraph 1 – point 2 – point b a (new)
Directive 96/71/EC
Article 3 – paragraph 1 a a (new)
Article 3 – paragraph 1 a a (new)
(ba) The following paragraph is added: 1aa. Posting of workers employed by temporary agencies to perform assignments in an enterprise registered as a temporary agency in another Member State is hereby prohibited.
Amendment 505 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 96/71/EC
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
(2a) in article 4, paragraph 2 is replaced by the following: Member States shall make provision for cooperation between the public authorities which, in accordance with national legislation, are responsible for monitoring the terms and conditions of employment referred to in Article 3. Such cooperation shall in particular consist in replying to reasoned requests from those authorities for information on the transnational hiring- out of workers, including manifest abuses or possible cases of unlawful transnational activities, prevention and deterrence of undeclared work including bogus self- employment.
Amendment 510 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 96/71/EC
Article 4 – paragraph 3
Article 4 – paragraph 3