24 Amendments of Elmar BROK related to 2012/0061(COD)
Amendment 257 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – introductory part
Article 3 – paragraph 1 – subparagraph 1 – introductory part
1. For the purpose of implementing, applying and enforcing Directive 96/71/EC the competent authorities shall take into account factual elements characterising the activities carried out by an undertaking in the State in which it is established in order to determine whether it genuinely performs substantial activities, other than purely internal management and/or administrative activities. Such elements may includeemployer shall communicate to the competent authorities the following information:
Amendment 273 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point a
Article 3 – paragraph 1 – subparagraph 1 – point a
(a) the place where the undertaking has its registered office and administration, uses office space, pays taxes and social security, has a professional licence or is registered with the chambers of commerce or professional bodies,
Amendment 290 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point d
Article 3 – paragraph 1 – subparagraph 1 – point d
(d) the place where the undertaking performs its substantial business activity, including the conclusion of the majority of its contracts with clients, and where it employs administrative staff,
Amendment 308 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
Amendment 317 #
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
In order to assess whether a posted worker temporarily carries out his or her work in a Member State other than the one in which he or she normally works, all factual elements characterising such work and the situation of the worker shall be examined by the competent authority.
Amendment 324 #
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – introductory part
Article 3 – paragraph 2 – subparagraph 2 – introductory part
Such elements mayshall include:
Amendment 334 #
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point a
Article 3 – paragraph 2 – subparagraph 2 – point a
(a) the work is carried out for a limited period of timemaximum 24 months in another Member State;
Amendment 349 #
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point c
Article 3 – paragraph 2 – subparagraph 2 – point c
(c) the posted worker returns orand is expected to resume working toin the Member State from which he/she is posted after completion of the work or the provision of services for which he or she was posted;
Amendment 356 #
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point d
Article 3 – paragraph 2 – subparagraph 2 – point d
(d) travel, board and lodging/accommodation is provided or reimbursed by the employer who posts the worker, and if so, how this is done; as well ass well as the method of reimbursement;
Amendment 369 #
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 point e a (new)
Article 3 – paragraph 2 – subparagraph 2 point e a (new)
(e a) the requirements according to Article 3(1) are fulfilled.
Amendment 377 #
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 3
Article 3 – paragraph 2 – subparagraph 3
Amendment 400 #
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Article 3a If the competent authorities establish on the basis of the elements referred to in (1) and (2) that there is no genuine posting situation, the worker must be treated according to the legal provision of the Member State where the worker fulfils the greater part of his professional obligations.
Amendment 407 #
Proposal for a directive
Article 3 b (new)
Article 3 b (new)
Article 3b If the competent authority establishes that more than half of the following criteria are not fulfilled, the performing party shall be deemed to be an independent contractor: a) Absence of any financial or economic risk assumed by the performer of the contract, such as a personal and substantial investment in the undertaking from proper means or a personal and substantial participation in the undertaking's gains and losses. b) Absence of responsibility and decision- making powers of the performer of the contract regarding the financial means, the procurement policy or the pricing policy of the undertaking c) Absence of an obligation of result regarding the agreed work. d) The guarantee of payment of a fixed remuneration, regardless of the undertaking's results and the magnitude of the performance delivered by the performing party. e) The performing party not presenting itself as an employer to other persons or working mainly or usually for one contractor. Member States may complement this list with additional criteria at sectoral level, expressing subordination of the worker concerning the choice of activity, working conditions or conditions of remuneration. The application of these additional criteria shall be conditional on the scrutiny and approval of the European Commission and then be published and communicated clearly by the Member State.
Amendment 433 #
Proposal for a directive
Article 5 – paragraph 2 – point c
Article 5 – paragraph 2 – point c
(c) make the information available to workers and service providers in English and other most relevant languages other than the national language(s) of the country in which the services are provided, if possible in summarised leaflet form indicating the main labour conditions applicable and upon requests in formats accessible to persons with disabilities; and indicates the complaints authority to which the posted worker can refer in case of non-compliance;
Amendment 441 #
Proposal for a directive
Article 5 – paragraph 2 – point e
Article 5 – paragraph 2 – point e
(e) indicate, if possible, a contact person at the liaison office in charge of dealing with requests for information; and makes sure that all necessary information is made available for the posting company and posted workers;
Amendment 468 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The cooperation of the Member States shall in particular consist in replying without delay to reasoned requests for information and to carry out checks, inspections and investigations from competent authorities with respect to the situations of posting referred to in Article 1 (3) of Directive 96/71/EC, including investigation of any abuses of applicable rules on the posting of workers or possible cases of unlawful transnational activities.
Amendment 493 #
Proposal for a directive
Article 6 – paragraph 9
Article 6 – paragraph 9
9. The Commission and the competent authorities shall cooperate closely in order to examine any difficulties which might arise regarding the application of Article 3(10)implementation of Directive 96/71/EC.
Amendment 514 #
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Article 7a During the period of posting a worker to another Member State the inspection of the working conditions is the responsibility of the authorities of the host Member State. The host State can control on its own initiative and is not bound to any results or controls carried out by the authorities of the Member State of establishment.
Amendment 526 #
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Member States may onlyshall at least impose the following administrative requirements and control measures:
Amendment 548 #
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) an obligation for a service provider established in another Member State to make a simple declaration tonotify the responsible national competent authorities at the latest atin English or the language of the host Member State prior to the commencement of the service provision, whereby the declaration may onlynotification shall at least cover the identity of the service provider, the presence of one or more clearly identifiable posted workers, their anticipated number, theanticipated number of posted workers and their personal identification details, the designated contact person, the beginning and anticipated duration and location of their presenceactivity, and the services justifying the posting;
Amendment 594 #
Proposal for a directive
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
(d) an obligation to designate a contact person who can be contacted by the competent authorities of the Member State and who is authorised to negotiate, if necessary, on behalf of the employer with the relevant social partners in the Member State to which the posting takes place, in accordance with national legislation and practice, during the period in which the services are provided.
Amendment 609 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Within three years after the date referred to in Article 20, the necessity and appropriateness of the application of national control measures shall be reviewed by the European Commission in the light of the experiences with and effectiveness of the system for cooperation and exchange of information, the development of more uniform, standardised documents, the establishment of common principles or standards for inspections in the field of the posting of workers as well as technological developments, with a view to assessing the necessity and feasibility of an EU-wide digital prior notification system and to proposing, where appropriate, any necessary amendments or modifications.
Amendment 648 #
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. If information is needed in the course of the inspections and in the light of the criteria in Article 3, the Member State where the service is provided and the Member State of establishment shall act in accordance with the rules on administrative cooperation, i.e. the competent authorities shall cooperate pursuant to the rules and principles laid down in Articles 6 and 7 of the enforcement directive.
Amendment 724 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 point a a (new)
Article 12 – paragraph 1 – subparagraph 1 point a a (new)
(aa) Any outstanding travel, board and lodging/ accommodation costs unduly withheld by the employer.