BETA

18 Amendments of Jiří POSPÍŠIL related to 2016/0070(COD)

Amendment 19 #
Proposal for a directive
Citation 3 a (new)
Having regard to the reasoned opinions issued by national parliaments from 11 Member States objecting the Commission proposal on the grounds of subsidiarity,
2017/03/27
Committee: IMCO
Amendment 25 #
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 Treaty on the Functioning of the European Union in Article 56 provides that restrictions on the freedom to provide services are prohibited.
2017/03/27
Committee: IMCO
Amendment 31 #
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 through high levels of education, training and protection of human health.
2017/03/27
Committee: IMCO
Amendment 39 #
Proposal for a directive
Recital 4
(4) Almost twenty years after its adoption, it is necessary to assess whetherensure that 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.
2017/03/27
Committee: IMCO
Amendment 45 #
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 permanenindefinite-contract workers, between part-time and full-time workers or between temporary agency workers and comparable workers of the user undertaking.
2017/03/27
Committee: IMCO
Amendment 47 #
Proposal for a directive
Recital 6
(6) The Rome I Regulation generally permits employers and employees to choose the law applicable to the employment contract. However, the employee must not be deprived of the protectionThe level of protection for a posted employee must not fall below the level of the mandatory rules of the law of the country in which or, failing that, from which the employee habitually carries out his work. In the absence of choice, the contract is governed by the law of the country in which or, failing that, from which the employee habitually carries out his work in performance of the contract.
2017/03/27
Committee: IMCO
Amendment 61 #
Proposal for a directive
Recital 8
(8) IEspecially 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 isclosely check and assess whether a posted worker temporarily carrieds out. In accordance with the principle of Rome I Regulation, the law of his or her work in the host Member States 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 Regul. Article 2 of this Directive defines the nature of posting as having a temporary character therefore temporary character is an indispensable feature of genuine posting. Article 4 paragraph 3 of the Enforcement Directive 2014/67/EU provides a clear list of elements of temporary nature of posting. In addition, the case law provides explanation of the notion of temporary nature of the provision of services, which is to be determined by its duration, regularity, periodicity and continuity. Therefore the temporary character, being the indispensable feature of posting, should be closely monitored and assessed, especially in the case of postings of long duration, in any way. The employee will in particular enjoy the protection and benefits pursuant to the Rome I Regulaorder to avoid abuse and circumvention.
2017/03/27
Committee: IMCO
Amendment 75 #
Proposal for a directive
Recital 9 a (new)
(9 a) Directive 2014/67/EU on the enforcement of Directive 96/71/EC provides a number of provisions to make sure that rules on posting of workers are enforced and are respected by all service providers. Article 4 of the enforcement directive provides a list of elements that should be assessed in order to identify the genuine posting and prevent abuse and circumvention.
2017/03/27
Committee: IMCO
Amendment 84 #
Proposal for a directive
Recital 10
(10) Because of the highly mobile nature of work in international road transport, the implementation of the posting of workers directive raises particular legal questions and difficulties (especially where the link with the concerned Member State is insufficient). It would be most suitTherefore transport services such as transit, international transport and linked cabotage are excluded forom these challenges to scope of this Directive and should be addressed through sector-specific legislation together with other EU initiatives aimed at improving the functioning of the internal road transport market.
2017/03/27
Committee: IMCO
Amendment 104 #
Proposal for a directive
Recital 12
(12) It is within Member States' competence to set rules on remunerationminimum rates of pay in accordance with their law and practice. However, these national rules on remunerationminimum rates of pay applied to posted workers must be proportionate, non- discriminatory and justified by the need to protect posted workers and must not disproportionately restrict the cross-border provision of services.
2017/03/27
Committee: IMCO
Amendment 110 #
Proposal for a directive
Recital 13
(13) The elements of remunerationinformation on minimum rates of pay under national law or universally applicable collective agreements should be clear, up to date and transparent to all service providers. It is therefore justified to impose on Member States the obligation to publish the constituent elements of remuneris information on the single website provided for by Article 5 of the Enforcement Directive. In order to provide more transparency and clarity generally applicable collective agreements should be also accompanied by clear information on applicable minimum rates of pay. Social partners are also obliged to make public all collective agreements, which are applicable according to this Directive. Similarly, foreign subcontractors should be informed in writing about terms and conditions of employment that they should apply towards posted workers.
2017/03/27
Committee: IMCO
Amendment 124 #
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 remunerationMember States have the freedom to establish on their territory appropriate measures applicable to local and foreign service providers in order to ensure compliance with the applicable rules concerning posting in case of subcontracting chains. In the case of the construction sector Member States are obliged, by the Directive 2014/67/EU, to introduce appropriate liability measures in order to ensure fair competition and workers rights. WThere such rules on remuneration exist at national level, thefore laws, regulations, administrative provisions or universally applicable collective agreements applicable in Member States may apply them in a non- discriminatory mannensure that subcontracting does not confer ton undertakings posting workers to the possibilitsy territory provided that they do not disproportionately restrict the cross-border proviso avoid rules guaranteeing certain terms and conditions of servicesemployment.
2017/03/27
Committee: IMCO
Amendment 132 #
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 sama comparable job. This principle should also apply to temporary agency workers posted to another Member State.
2017/03/27
Committee: IMCO
Amendment 137 #
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Directive 96/71/EC
Article 1 – paragraph 2
(-1) in Article 1, paragraph 2 is replaced by the following: “2. This Directive shall not apply to merchant navy undertakings as regards seagoing personnel.” (http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31996L0071:en:HTML) as well as transport services such as transit, international transport and linked cabotage.” Or. en
2017/03/27
Committee: IMCO
Amendment 147 #
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. When the anticipated or the 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. For the purpose of paragraph 1, in 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
2017/03/27
Committee: IMCO
Amendment 149 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a
(1) The following Article 2a is added: 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 Article 2a When the anticipated or the For the purpose of paragraph 1, in
2017/03/27
Committee: IMCO
Amendment 177 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – indent 2 – point c
(c) remuneration, including overtime rates; this point does not apply to supplementary occupational retirement pension schemes;minimum rates of pay
2017/03/27
Committee: IMCO
Amendment 208 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Directive 96/71/EC
Article 3 – paragraph 1a
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
2017/03/27
Committee: IMCO