12 Amendments of Lucy ANDERSON related to 2016/0070(COD)
Amendment 127 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14 a) In the interests of transparency and in accordance with Directive 2014/67/EU of the European Parliament and of the Council, the continuity of the undertaking which posts the workers must be ensured in order to combat the creation of letterbox companies. In addition, every employer should be able to demonstrate that a worker has an adequate length of service with the undertaking before posting him or her.
Amendment 134 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Abuse and legal uncertainty in cases of chain postings and postings involving several jurisdictions should be prevented. Therefore, in cases where a posting situation falls under more than two national jurisdictions, the applicable terms and conditions of employment should be those established by the host Member State where the service is provided, without prejudice to more favourable conditions afforded to the worker under provisions from which the parties cannot derogate by agreement under the national law which would have applied otherwise
Amendment 143 #
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 96/71/EC
Article 1 a (new)
Article 1 a (new)
Amendment 156 #
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. When the anticipated or the effective duration of posting exceeds twenty-four monthssix months or when the posting is not considered to be genuine under Directive 2014/67/EU, the Member State to whose territory a worker is posted and where the service is provided shall be deemed to be the country in which his or her work is habitually carried out.
Amendment 165 #
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 or a similar 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 169 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive EU 96/71/EC
Article 2a – paragraph 2 a (new)
Article 2a – paragraph 2 a (new)
2 a. The application of this Article may not have the result of depriving the workers of the protection more favourable conditions afforded to them under provisions from which the parties cannot derogate by agreement under national law which would have applied in the absence of the situation referred to in paragraph 1.
Amendment 174 #
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 – indent 2
Article 3 – paragraph 1 – indent 2
- by collective agreements or arbitration awards which have been declared universally applicable within the meaning of paragraph 8 or by collective agreements within the meaning of paragraph 8a:
Amendment 184 #
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 – indent 2 – point g a (new)
Article 3 – paragraph 1 – indent 2 – point g a (new)
(ga) allowances associated with the posting including reimbursement of expenditure actually incurred on account of the posting, such as expenditure on travel, board and lodging.
Amendment 228 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c a (new)
Article 1 – paragraph 1 – point 2 – point c a (new)
Directive 96/71/EC
Article 3 – paragraph 8 a (new)
Article 3 – paragraph 8 a (new)
(ca) The following paragraph is inserted: "8a. Member States may also, in accordance with national law and practice and on a non-discriminatory basis, base themselves on collective agreements or arbitration awards which are, as defined by the Member State where the work is carried out, representative in the geographical area, the profession or industry concerned and which offer the most favourable terms and conditions of employment to the worker"
Amendment 232 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point e
Article 1 – paragraph 1 – point 2 – point e
Directive 96/71/EC
Article 3 – Paragraph 10
Article 3 – Paragraph 10
(e) The second subparagraph of paragraph 10 is deleted.Paragraph 10 is amended as follows: “10. This Directive shall not preclude the application by Member States, in compliance with the Treaty, and in line with national law and practice, of terms and conditions of employment to national undertakings and to the undertakings of other States, on a basis of equality of treatment, of: - terms and conditions of employmentperating on their territory on matters other than those referred to in the first subparagraph of paragraph 1, in the case of public policy provisions, - terms and c including non-ditions of employment laid down in the collective agreements or arbitration awards within the meaningscriminatory measures to ensure the protection of workers, fair competition ofr paragraph 8 and concerning activities other than those referred to in the Annexroper functioning labour markets.”
Amendment 234 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point e a (new)
Article 1 – paragraph 1 – point 2 – point e a (new)
Directive 96/71/EC
Article 3 – paragraph 10 a (new)
Article 3 – paragraph 10 a (new)
(ea) The following paragraph is added: "10a. In the context of remuneration and allowances related to work outside the regular working place, elements which are mandatory in both the host Member State and the home Member State and which are essentially similar, shall only be paid once to avoid double payment whereby the worker shall always receive the amount which is more favourable."
Amendment 241 #
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [twoa years after adoption] at the latest. They shall forthwith communicate to the Commission the text of those provisions.