15 Amendments of Anders VISTISEN related to 2016/0070(COD)
Amendment 38 #
Proposal for a directive
Citation 3
Citation 3
After transmission of the draft legislative act to the national parliaments, and the subsequent 11 reasoned opinions by the national parliaments,
Amendment 66 #
Proposal for a directive
Recital 3
Recital 3
(3) According to Article 3 TEU, the Union shall promote social justice and protection. Article 9 TFEU givrequires the Union the task to promote ao take into account requirements linked to the promotion of high level of employment, tohe guarantee anof adequate social protection and to combat social exclusion, the fight against social exclusion, and a high level of education, training and protection of human health.
Amendment 115 #
(8) In view of the long duration of certain posting assignmentshigh risk of social dumping in certain sectors (as defined in the Annex) and the need to ensure a level playing field, it is necessary to provide that, in case of posting lasting for periods higher than 24six months, in so far as it concerns the activities referred to in the Annex, 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.
Amendment 160 #
Proposal for a directive
Recital 10
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 suited for tThese challenges toshould be addressed through sector-specific legislation together with other EU initiatives aimed at improving the functioning of the internal road transport market. Yet, as long as sector-specific legislation is not provided for, the rules of this Directive apply in full.
Amendment 185 #
Proposal for a directive
Recital 12
Recital 12
(12) It is within Member States' exclusive 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 servnational law and/or practices.
Amendment 236 #
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, insofar as it concerns the activities referred to in the Annex, 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 282 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – title
Article 2a – title
Posting exceeding twenty-four monthsix months in risk sectors
Amendment 300 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 1
Article 2a – paragraph 1
1. WhenIn so far as it concerns the ancticipated orvities referred to in the Annex, when the effective duration of posting exceeds twenty-foursix 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.
Amendment 327 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 2
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.
Amendment 437 #
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 3 – paragraph 1 – subparagraph 3 a (new)
Article 3 – paragraph 1 – subparagraph 3 a (new)
For the purposes of this directive, the concept of remuneration is defined in accordance with national law and /or practice of the Member State to whose territory the worker is posted.
Amendment 439 #
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 3 – paragraph 1 – subparagraph 3 a (new)
Article 3 – paragraph 1 – subparagraph 3 a (new)
For the purposes of this directive, the concept of remuneration is defined in accordance with national law and /or practice of the Member State to whose territory the worker is posted.
Amendment 459 #
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, in so far as it concerns the activities referred to in the Annex, 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.
Amendment 485 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Directive 96/71/EC
Article 3 – paragraph 9
Article 3 – paragraph 9
Amendment 492 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d a (new)
Article 1 – paragraph 1 – point 2 – point d a (new)
Directive 96/71/EC
Article 3 – paragraph 9 a (new)
Article 3 – paragraph 9 a (new)
(da) after paragraph 9, the following paragraph is inserted: 9a. This Directive shall be without prejudice to the Member states' ability to apply or introduce laws and administrative provisions which are more favourable to workers or allow or promote the use of collective agreement provisions that are more favourable to workers.
Amendment 519 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Directive 96/71/EC
Annex – paragraph 1a (new)
Annex – paragraph 1a (new)
(3a) the following paragraph 1a is added to the Annex: 1a. Member States shall decide for their own territory which risk sectors this annex shall be extended to.