Activities of Igor ŠOLTES related to 2016/0070(COD)
Plenary speeches (1)
Posting of workers in the framework of the provision of services (debate) SL
Amendments (30)
Amendment 10 #
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 46, 53(1), 62 and 62153(1)(a) and (b) thereof,
Amendment 22 #
Proposal for a directive
Recital 1
Recital 1
(1) The free movement of workers, freedom of establishment and freedom to provide services are fundamental principles of the internal market in the Union enshrined in the Treaty on the Functioning of the European Union (TFEU) and should therefore provide the combined legal basis for this Directive. The implementation of those principles is further developed by the Union aimed at guaranteeing a level playing field for businesses and respect for the rights of workerfighting unfair competition as well as ensuring respect for the rights of workers and the improvement of the working environment and working conditions.
Amendment 24 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1 a) The free movement of workers is to be secured within the Union and is to entail the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment.
Amendment 37 #
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 nfreedom to promote the freedom to provide servicevide services, the free movement of workers and the need to protect the rights of posted workers so as to ensure a level playing field for workers and undertakings operating in the internal market.
Amendment 49 #
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 64 #
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 68 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8 a) 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 77 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9 a) To improve compliance with this Directive and stop circumvention it is of utmost importance that Member States make better use of Article 5 so as to ensure that this Directive is fully complied with. In the case of non-compliance effective, dissuasive and proportionate sanctions must be put into place immediately.
Amendment 80 #
Proposal for a directive
Recital 10
Recital 10
Amendment 87 #
Proposal for a directive
Recital 11
Recital 11
(11) In a competitivetruly integrated internal market, service providers compete not only on the basis of a labour costs but also onideally a level-playing field, service providers should be able to compete with regard to factors such as productivity and, efficiency, or as well as the quality and innovation of their goods and services.
Amendment 97 #
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 servnational law and practices.
Amendment 115 #
Proposal for a directive
Recital 13
Recital 13
(13) The elements of remuneration under national law or universally applicable collective agreements should be clear and transparent to all service providers and posted workers. It is therefore justified to impose on Member States the obligation to publish the constituent elements of remuneration on the single website provided for by Article 5 of the Enforcement Directive, because transparency and access to information are essential for legal certainty and for the proper functioning and enforcement of law.
Amendment 126 #
Proposal for a directive
Recital 14
Recital 14
(14) Laws, regulations, administrative provisions or collective agreements applicable in Member States mayshould 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 mayshould 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 131 #
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. Member States should ensure at least equal treatment between posted temporary agency workers and domestically employed temporary agency workers.
Amendment 151 #
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-fourlve months
Amendment 157 #
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-fourlve 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 out, without prejudice to any terms and conditions of employment that are more favourable to the worker.
Amendment 162 #
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
Amendment 171 #
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)
1a. The following article is inserted: "Article 2b Law applicable where a posting is found not to be genuine 1. Where it is established that a posted worker is not only temporarily carrying out work in the host Member State, in accordance with Article 3(2), the law of the host Member State is presumed to apply in full. The employer and the employee may, however, provide evidence that the law of another Member State applies to the contract by virtue of Article 8 of the Rome I Regulation. If so, the host Member State shall nevertheless ensure that the worker is guaranteed the minimum protection offered by this Directive and may, in accordance with Union law, extend that protection to other overriding mandatory provisions within the meaning of Article 9 of the Rome I Regulation. 2. Where the law of the host Member State applies pursuant to Article 8 of the Rome I Regulation, whether or not as a result of the choice of the employer and the employee, nothing in this Directive shall prevent the full application of that Member State's law. 3. Paragraphs 1 and 2 shall be without prejudice to any terms and conditions of employment of the sending Member State that are more favourable to the worker."
Amendment 172 #
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: "Article 2c Rule against derogation The application of this Directive shall not result in depriving workers 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."
Amendment 175 #
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 all types of collective agreements or arbitration awards which have been declared universally applicable within the meaning of paragraphs 8 and 8a:
Amendment 183 #
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) reimbursement of expenditure incurred as a result of the posting, such as expenditure with regard to travel, board and lodging.
Amendment 191 #
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 2
Article 3 – paragraph 1 – subparagraph 2
For the purposes of this Directive, remuneration means all the elements 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 arbitthe concept of remuneration is defined by the national law and/or praction awards within the meaning of paragraph 8 second subparagraph, ince of the Member State to whose territory the worker is posted.
Amendment 203 #
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
Article 3 – paragraph 1 – subparagraph 3
Member States shall publish in the single official national website and by other suitable means referred to in Article 5 of Directive 2014/67/EU the constituent elements of remuneration in accordance with point (c).
Amendment 212 #
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 1a
Article 3 – paragraph 1a
1a. If undertakings established in the territory of a Member State are obliged by law, regulation, administrative provision, contract 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,shall provide that such undertakings shall be under the same non- discriminatory obligation regarding subcontracts with undertakings referred to in Article 1 (1) posting workers to its territory.
Amendment 215 #
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 1a a (new)
Article 3 – paragraph 1a a (new)
(ba) The following paragraph is inserted: “1aa. Member States shall take the necessary measures to ensure that an undertaking, which appoints a subcontractor to provide services, is liable, in addition to or in place of the employer, for the obligations of that subcontractor and any other intermediary. This paragraph shall not preclude the application or introduction of more stringent rules at national level.”
Amendment 226 #
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 7 a (new)
Article 3 – paragraph 7 a (new)
(ca) The following paragraph is inserted: "7a. Expenses incurred on the account of the posting, including with regard to travel, board and lodging, shall be provided for by the employer and shall not be deducted from the remuneration referred to in Article 3(1)(c)."
Amendment 227 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c b (new)
Article 1 – paragraph 1 – point 2 – point c b (new)
Directive 96/71/EC
Article 3 – paragraph 8
Article 3 – paragraph 8
Amendment 229 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Amendment 230 #
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
Article 3 – paragraph 9
(da) Paragraph 9 is amended as follows: "Member States mayshall provide that the undertakings referred to in Article 1 (1) must guarantee workers referred to in Article 1 (3) (c) the terms and conditions which apply to temporary workers in the Member State where the work is carried out." (http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31996L0071:en:HTML)Or. en
Amendment 239 #
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 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)