5 Amendments of Maria ARENA related to 2016/0397(COD)
Amendment 252 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 883/2004
Article 12 – paragraph 1
Article 12 – paragraph 1
1. A person who pursues an activity as an employed person in a Member State on behalf of an employer which normally carries out its activities there and who is posted within the meaning of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services46 or sent by that employer to another Member State to perform work on that employer's behalf shall continue to be subject to the legislation of the first Member State, provided that t: (a) The anticipated or actual duration of such work does not exceed 24(xx) months and that the person is not posted or sent to replace another employed or self-employed person previously posted or sent within the meaning of this Article. __________________ 46within the meaning of this Article. (b) For a period of at least six months immediately preceding the start of the activity as an employed person, the person concerned is already subject to the legislation of the Member State in which his or her employer is established. It is further recalled that the above- mentioned rules can only be applied insofar as the undertaking concerned demonstrates that it has been principally pursuing, for more than 90 days in the territory of the Member State in which it is established, a real activity which belongs to the same sector of activity, as defined at the divisional level of NACE Rev. 2, as that assigned to the worker(s) whom it posts and/or sends to another Member State for work on its behalf. __________________ 46 OJ L 018 , 21.01.1997, p. 1. OJ L 018 , 21.01.1997, p. 1.
Amendment 268 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 883/2004
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. For the purposes of applying Article 12(1) of this Regulation, and in order to guarantee to the home Member State that the social security contributions due in respect of the posted worker(s) by the posting undertaking, within the meaning of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services, it is provided that social security contributions shall be paid to the competent public receiving institution at the rate of contributions of the home Member State; it is the responsibility of the host public institution to ensure that it is handed over to the competent home public institution.
Amendment 297 #
Proposal for a regulation
Article 1 – paragraph 1 – point 14 a (new)
Article 1 – paragraph 1 – point 14 a (new)
Regulation (EC) No 883/2004
Article 16 a (new)
Article 16 a (new)
14a. The following Article shall be inserted: “Article 16a Prior issuance of document on applicable legislation Prior to a posting, the posting institution shall be required to issue to the host institution a document confirming the social security legislation applicable to the worker, drawn up in accordance with Articles 11 to 16 and Article 19 of Regulation (EC) No 987/2009”. Without prejudice to the rights of the worker concerned, any certificate issued to the receiving institution after the performance of the service in the host Member State shall be null and void so that it may not act retroactively or even regularise the situation of a worker illegally posted by the undertaking to the territory of a Member State other than that in which he or she ordinarily resides.
Amendment 420 #
Proposal for a regulation
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Regulation (EC) No 883/2004
Article 65 – paragraph 2 – subparagraph 1 a (new)
Article 65 – paragraph 2 – subparagraph 1 a (new)
Conversely, an unemployed person who has completed 12 months of unemployment insurance exclusively under the legislation of the competent Member State shall be entitled to claim unemployment benefits in the Member State of residence after exhaustion of the right to unemployment benefits in the competent Member State in so far as the Member State of residence provides for a broader right to unemployment benefit or a right over a longer period than the competent Member State for unemployment benefit.
Amendment 566 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point a a (new)
Article 2 – paragraph 1 – point 8 – point a a (new)
Regulation (EC) No 987/2009
Article 14 – paragraph 2
Article 14 – paragraph 2
(aa) Paragraph 2 is replaced by the following: ‘2. For the purposes of the application of Article 12(1) of the basic Regulation, the words ‘which normally carries out its activities there’ shall refer to an employer that ordinarily performs substantial activities, other than purely internal management activities, in the territory of the Member State in which it is established, taking account of all criteria characterising the activities carried out by the undertaking in question. T, including those listed - non-exhaustively - in Article 4 of Directive 2014/67/EU on the enforcement of Directive 96/71/EC on the posting of workers in the framework of the provision of services; the relevant criteria must be suited to the specific characteristics of each employer and the real nature of the activities carried out.’