9 Amendments of Javi LÓPEZ related to 2016/0070(COD)
Amendment 242 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) 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 338 #
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. The application of this Directive shall not have the result of depriving workers of more favourable terms and conditions of employment afforded to them under provisions from which the parties cannot derogate by agreement under the national law which would have applied in the absence of the situation referred to in paragraph 1.
Amendment 381 #
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) provisions to cover travel, board and lodging expenses for workers away from home for professional reasons
Amendment 414 #
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 a (new)
Article 3 – paragraph 1 – subparagraph 2 a (new)
In the context of remuneration as well as allowances and expenses related to work outside the regular working place, elements which are mandatory under both the national law of the host Member State and the national law applying to the individual employment contract, 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 473 #
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 – subparagraph 1
Article 3 – paragraph 7 – subparagraph 1
Amendment 477 #
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 7 – subparagraph 2
Article 3 – paragraph 7 – subparagraph 2
Amendment 491 #
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 a (new)
Article 3 – paragraph 9 a (new)
(da) after paragraph 9, the following paragraph is inserted: 9a. If a posting situation falls under more than two national jurisdictions, the terms and conditions of employment of the Member State to whose territory a worker is posted and where the service is provided, shall apply as long as they are more favourable for the worker than those pursuant to the law under which the individual employment contract was agreed.
Amendment 497 #
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 replaced by the following: 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 meaning of paragraph 8 and concerning activities other than those referred to in the Annexscriminatory measures to ensure the protection of workers, fair competition and the proper functioning of the labour market.
Amendment 511 #
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 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
(2a) in article 4, after paragraph 3 the following paragraph is added: 3a. Employers shall take appropriate measures to provide essential information on the terms and conditions of employment, in accordance with Directive 91/533/EU, as regards the posting before the beginning of the posting.