11 Amendments of Max ANDERSSON related to 2016/0070(COD)
Amendment 15 #
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1) and 62 46, Article 53(1), Article 62 and points (a) and (b) of Article 153(1) thereof,
Amendment 32 #
Proposal for a directive
Recital 7
Recital 7
(7) The Rome I Regulation provides that the country where the work is habitually carried out shall not be deemed to have changed if he is temporarily employed in another country. The Rome I Regulation does not specify or define the term "temporarily employed". It is therefore essential that for posted workers who are, by definition, carrying out work in another Member State for a limited period of time, a specific provision is introduced in this Directive in order to provide for a period after which the country of service provision is deemed to become the habitual place of employment.
Amendment 37 #
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 124 months, the host Member State is deemed to be the country in which the work is carried outof habitual employment, without prejudice to any terms and conditions of employment which are more favourable to the worker. 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 38 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) In the event that the posting is found not to be genuine, the applicable terms and conditions of employment should, in order to protect the worker, be those established by the Member State to whose territory the worker is posted, without prejudice to any terms and conditions of employment that are more favourable to the worker.
Amendment 52 #
(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 servnational law and/or practices.
Amendment 77 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2 a - paragraph 1
Article 2 a - paragraph 1
1. When the anticipated or the effective duration of posting exceeds twenty-four12 months, the Member State to whose territory a worker is posted or where the service is provided shall be deemed to be the country in which his or her work is habitually carried outwhere the posting undertaking is established, without prejudice to any terms and conditions of employment that are more favourable to the worker.
Amendment 80 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2 a - paragraph 2
Article 2 a - paragraph 2
Amendment 82 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2 a - paragraph 2 a (new)
Article 2 a - paragraph 2 a (new)
2a. An undertaking shall also be deemed to be established in the state of the posting if the company posts workers or anticipate posting workers on two or more assignments in the same Member State, if the cumulative duration of the posting periods of the workers exceeds or is anticipated to exceed 12 months during a period of 36 months.
Amendment 83 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2 a – paragraph 2 b (new)
Article 2 a – paragraph 2 b (new)
2b. If an undertaking that posts workers for more than 12 months to a Member State does not want to be deemed to be established in that state, it will have to show that is not established in that Member State.
Amendment 84 #
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 2 b (new)
Article 2 b (new)
Amendment 85 #
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 2 c (new)
Article 2 c (new)
(1b). The following Article is inserted: Rule against derogation 'Article 2c Rule against derogation The application of this Directive shall not result in depriving workers of the terms and conditions of employment under provisions that cannot be derogated from by agreement under the law that applies in the country of service provision.'