24 Amendments of Daniel BUDA related to 2016/0070(COD)
Amendment 16 #
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)4, 56 and 62 thereof,
Amendment 19 #
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). The implementation and enforcement of those principles is further developed by the Union aimed at guaranteeing a level playing field for businesses and respect for the rights of workers and ensuring freedom of labour mobility in the internal market.
Amendment 21 #
Proposal for a directive
Recital 2
Recital 2
(2) The freedom to provide services includes the right of undertakings to provide services in another Member State, to which they may post their own workers temporarily in order to provide those services there. The temporary nature of providing services is to be determined on a case by case basis by the duration, the regularity, the periodicity and the continuity of the service.
Amendment 23 #
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 gives the Union the task to promote a high level of employment, to guarantee an adequate social protection and to combat social exclusion. Under Article 56 TFEU, restrictions on freedom to provide services within the Union shall be prohibited in respect of nationals of Member States who are established in a Member State other than that of the person for whom the services are intended.
Amendment 24 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) The European Union must ensure that any changes are in line with Article 56 TFEU, which requires the elimination of any provisions that might restrict or make less attractive the activities of service providers established in a Member State other than that in which the services are provided. The same applies if the provisions in question apply in a non- discriminatory manner to both national service providers and those from other EU Member States;
Amendment 25 #
Proposal for a directive
Recital 4
Recital 4
Amendment 26 #
Proposal for a directive
Recital 4
Recital 4
Amendment 29 #
Proposal for a directive
Recital 5
Recital 5
(5) The principle of equal treatment and the prohibition of any discrimination based on nationality are enshrined in EU law since the founding Treaties. The principle of equal pay has been implemented through secondary law not only between women and men, but also between employees with fix term contracts and comparable permanent workers, between part-time and full-time workers or between temporary agency workers and comparable workers of the user undertaking and the EU encourages compliance with these principles, ensuring their implementation in all Member States.
Amendment 31 #
(5a) It is also necessary to take account of the reasoned opinions issued by the national parliaments of 11 Member States objecting the Commission's proposal based on the ground of the principle of subsidiarity,
Amendment 33 #
Proposal for a directive
Recital 8
Recital 8
Amendment 35 #
Proposal for a directive
Recital 8
Recital 8
Amendment 47 #
Proposal for a directive
Recital 11
Recital 11
(11) In a competitive internal market, service providers compete not only on the basis of a labour costs but also on factors such as productivity and efficiency, orand wages are always based on a series of parameters, including experience, profile, level of responsibilities, labour market conditions or on the quality and innovation of their goods and services.
Amendment 50 #
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 services.
Amendment 56 #
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. It is therefore justified to impose on Member States the obligationpossible for Member States to publish the constituent elements of remuneration on the single website provided for by Article 5 of the Enforcement Directive; provision of this information must take account, in particular, of the need to respect national law and practice, as well as the autonomy of the social partners.
Amendment 59 #
Proposal for a directive
Recital 14
Recital 14
Amendment 65 #
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. The user/supplier company shall accordingly provide the temporary agency in writing with clear, transparent and unambiguous information regarding the rules it applies in respect of working conditions and pay.
Amendment 70 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2 a
Article 2 a
Amendment 71 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2 a
Article 2 a
Amendment 88 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/CE
Article 3 - paragraph 1 - subparagraph 1 - indent 2
Article 3 - paragraph 1 - subparagraph 1 - indent 2
– by collective agreements or arbitration awards which have been declared universally applicable within the meaning of paragraph 8: , where they relate to areas of activity with significant levels of posting on a regular basis: Or. ro (Article 1 - paragraph 2 - point a)
Amendment 101 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/CE
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 arbitration awards within the meaning of paragraph 8 second subparagraph,all payments by the service provider to posted workers, including reimbursement of expenses incurred in this connection such as travel, meals and accommodation, shall be considered by the host Member State as remuneration. For the first nine months, remuneration for posted workers shall be the minimum wage in the host Member State to whose territory the worker is posted. . Or. ro Article 3 (1);
Amendment 103 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Member States shall publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of remuneration in accordance with point (c). Service providers shall be exempt from payment of a fine for remuneration below that set by the host Member State if they can prove that the host Member State failed to fulfil its obligation to publish on the single official national website referred to in Article 5 of Directive 2014/67/ EU the constituent elements of remuneration in accordance with point (c) or if the information is not given in a clear, transparent and unambiguous manner. Or. ro Article 3 (1);
Amendment 111 #
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
Amendment 112 #
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
Amendment 113 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c
Article 1 – paragraph 1 – point 2 – point c
Directive 96/71/EC
Article 3 – paragraph 1 b
Article 3 – paragraph 1 b
1b. Member States shall provide that the undertakings referred to in Article 1(3)(c) guarantee posted workers the terms and conditions which apply pursuant to Art. 5 Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work to temporary workers hired-out by temporary agencies established in the Member State where the work is carried out. The user/supplier company shall accordingly provide the temporary agency in writing with clear, transparent and unambiguous information regarding the rules it applies in respect of working conditions and pay. Or. ro Article 1;