BETA

24 Amendments of Daniel BUDA related to 2016/0070(COD)

Amendment 16 #
Proposal for a directive
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,
2017/03/17
Committee: JURI
Amendment 19 #
Proposal for a directive
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.
2017/03/17
Committee: JURI
Amendment 21 #
Proposal for a directive
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.
2017/03/17
Committee: JURI
Amendment 23 #
Proposal for a directive
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.
2017/03/17
Committee: JURI
Amendment 24 #
Proposal for a directive
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;
2017/03/17
Committee: JURI
Amendment 25 #
Proposal for a directive
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 need to promote the freedom to provide services and the need to protect the rights of posted workers.deleted
2017/03/17
Committee: JURI
Amendment 26 #
Proposal for a directive
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 need to promote the freedom to provide services and the need to protect the rights of posted workers.deleted
2017/03/17
Committee: JURI
Amendment 29 #
Proposal for a directive
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.
2017/03/17
Committee: JURI
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,
2017/03/17
Committee: JURI
Amendment 33 #
Proposal for a directive
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 24 months, the host Member State is deemed to be the country in which the work is carried out. 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.deleted
2017/03/17
Committee: JURI
Amendment 35 #
Proposal for a directive
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 24 months, the host Member State is deemed to be the country in which the work is carried out. 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.deleted
2017/03/17
Committee: JURI
Amendment 47 #
Proposal for a directive
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.
2017/03/17
Committee: JURI
Amendment 50 #
Proposal for a directive
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.
2017/03/17
Committee: JURI
Amendment 56 #
Proposal for a directive
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.
2017/03/17
Committee: JURI
Amendment 59 #
Proposal for a directive
Recital 14
(14) Laws, regulations, administrative provisions or collective agreements applicable in Member States may 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 may 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.deleted
2017/03/17
Committee: JURI
Amendment 65 #
Proposal for a directive
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.
2017/03/17
Committee: JURI
Amendment 70 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2 a
(1) The following Article 2a is added: ‘Article 2a Posting exceeding twenty-four months 1. effective duration of posting exceeds twenty-four months, the Member State to whose territory a worker is posted shall be deemed to be the country in which his or her work is habitually carried out. 2. case of replacement of posted workers performing the same 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.’deleted When the anticipated or the For the purpose of paragraph 1, in
2017/03/17
Committee: JURI
Amendment 71 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2 a
(1) The following Article 2a is added: Article 2a Posting exceeding twenty-four months 1. effective duration of posting exceeds twenty-four months, the Member State to whose territory a worker is posted shall be deemed to be the country in which his deleted When the anticipated or the For ther work is habitually carried out. 2. case of replacement of posted workers performing the same 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. purpose of paragraph 1, in Or. ro Article 2a
2017/03/17
Committee: JURI
Amendment 88 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/CE
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)
2017/03/17
Committee: JURI
Amendment 101 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/CE
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);
2017/03/17
Committee: JURI
Amendment 103 #
Proposal for a directive
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);
2017/03/17
Committee: JURI
Amendment 111 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Directive 96/71/EC
Article 3 – paragraph 1 a
(b) The following paragraph is added 1a. territory of a Member State are obliged by law, regulation, administrative provision 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, provide that such undertakings shall be under the same obligation regarding subcontracts with undertakings referred to indeleted If undertakings established in the Or. ro Article 1 3(1) posting workers to its territory. (a);
2017/03/17
Committee: JURI
Amendment 112 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Directive 96/71/EC
Article 3 – paragraph 1 a
(b) The following paragraph is added: ‘1a. If undertakings established in the territory of a Member State are obliged by law, regulation, administrative provision 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, provide that such undertakings shall be under the same obligation regarding subcontracts with undertakings referred to in Article 1 (1) posting workers to its territory.’deleted
2017/03/17
Committee: JURI
Amendment 113 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c
Directive 96/71/EC
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;
2017/03/17
Committee: JURI