Activities of Jasenko SELIMOVIC related to 2016/0070(COD)
Plenary speeches (1)
Posting of workers in the framework of the provision of services (A8-0319/2017 - Elisabeth Morin-Chartier, Agnes Jongerius) SV
Amendments (66)
Amendment 13 #
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), 56 and 62 thereof,
Amendment 16 #
Proposal for a directive
Citation 3
Citation 3
After transmission of the draft legislative act to the national parliaments and the following 11 reasoned opinions by national parliaments objecting the Commission proposal on grounds of subsidiarity,
Amendment 20 #
Proposal for a directive
Citation 4
Citation 4
Having regard to the opinion of the European Economic and Social Committee5, and its counter-opinion, __________________ 5 OJ C,, p..
Amendment 33 #
Proposal for a directive
Citation 2
Citation 2
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1), 56 and 62 thereof,
Amendment 34 #
Proposal for a directive
Citation 2
Citation 2
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1), 56 and 62 thereof,
Amendment 36 #
Proposal for a directive
Citation 3
Citation 3
After transmission of the draft legislative act to the national parliaments and the following 11 reasoned opinions by national parliaments objecting the Commission proposal on grounds of subsidiarity,
Amendment 41 #
Proposal for a directive
Citation 4
Citation 4
Having regard to the opinion of the European Economic and Social Committee5, and its counter-opinion; _________________ 5 OJ C,, p..
Amendment 43 #
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 w, including for companies providing cross-borkders of the user undertaking. (See ECJ cases Case C-76/90, Manfred Säger v Dennemeyer & Co. Ltd, [1991] ECR I-4221; Case C-55/94, Reinhard Gebhard v Consiglio dell'Or services. Or. en includineg degli Avvocati e Procuratori di Milano, [1995] ECR I-04165 and E.g. Joined cases 62 and 63/81, See also Seco SA v. Etablissement d’Assurance contre la Vieillesse et l’Invalidité, [1982] ECR 223, para 8,irect and indirect discrimination)
Amendment 53 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
Amendment 54 #
Proposal for a directive
Recital 7 b (new)
Recital 7 b (new)
Amendment 56 #
Proposal for a directive
Recital 7 c (new)
Recital 7 c (new)
(7 c) The aim of Article 4 of Directive 2014/67/EU on the Enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services is to identify genuine posting and prevent abuse and circumvention.
Amendment 60 #
Proposal for a directive
Recital 8
Recital 8
Amendment 74 #
Proposal for a directive
Recital 9
Recital 9
(9) Article 56 of the Treaty on the Functioning of the European Union (TFEU) requires the abolition of any restriction on the freedom to provide services, even if that restriction applies without distinction to national service providers and to those of other Member States, which is liable to prohibit, impede and render less attractive the activities of a service provider established in another Member State where it lawfully provides similar services. It is settled case law that restrictions to the freedom to provide services are only admissible if justified by overriding reasons inrelated to the public interest and must be appropriate, proportionate and necessary.
Amendment 80 #
Proposal for a directive
Recital 4
Recital 4
(4) Almost twenty years after its adoption, it is necessary to assess whether the Posting of Workers Directive still strikeshas struck the right balance between the need to promote the freedom to provide services and the need to protect the rights of posted workers without affecting free business competition.
Amendment 83 #
Proposal for a directive
Recital 10
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.
Amendment 88 #
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 w, including for companies providing cross-borkders of the user undertaking. (See ECJ cases Case C-76/90, Manfred Säger v Dennemeyer & Co. Ltd, [1991] ECR I-4221; Case C-55/94, Reinhard Gebhard v Consiglio dell'Or services. Or. en includineg degli Avvocati e Procuratori di Milano, [1995] ECR I-04165 and E.g. Joined cases 62 and 63/81, See also Seco SA v. Etablissement d’Assurance contre la Vieillesse et l’Invalidité, [1982] ECR 223, para 8,irect and indirect discrimination)
Amendment 92 #
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 supply of skills, productivity and efficiency, or the quality and innovation of their goods and services.
Amendment 93 #
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, or the quality and innovation of their goods and services.
Amendment 94 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11 a) Respect for the diversity of national industrial relations systems as well as the autonomy of social partners is explicitly recognised by the Treaty on the Functioning of the European Union (TFEU).
Amendment 100 #
Proposal for a directive
Recital 12
Recital 12
(12) It is within Member States' competence to set rules on remunerationpay in accordance with their law and practice. However, national rules on remuneration applied to posted workers must be proportionate and justified by the need to protect posted workers and must not disproportionately resrestrict the cross- border provision of services. The national measures must not be liable for hindering or making less attriactive the cross-border provision of services. exercise of fundamental freedoms guaranteed by the Treaty and be applied in a non- discriminatory manner, they must be justified by imperative requirements in the general interest, and suitable for securing the attainment of the objective which they pursue and they must not go beyond what is necessary in order to attain it. Or. en (Gebhard n Consiglio Dell'ordine Degli Avvocati E Procuratori Di Milano para 39)
Amendment 102 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
Amendment 104 #
Proposal for a directive
Recital 7 b (new)
Recital 7 b (new)
Amendment 105 #
Proposal for a directive
Recital 12
Recital 12
(12) It is within Member States' competence to set rules on remuneration in accordance with their law and practice. However, national rules on remuneration applied to posted workers, when they exist, must be justified by the need to protect posted workers and must not disproportionately restrict the cross-border provision of services.
Amendment 106 #
(7c) The aim of Art. 4 of Directive 2014/67/EU on the Enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services is to identify genuine posting and prevent abuse and circumvention.
Amendment 107 #
Proposal for a directive
Recital 8
Recital 8
Amendment 107 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
Amendment 108 #
Proposal for a directive
Recital 12 b (new)
Recital 12 b (new)
Amendment 111 #
Proposal for a directive
Recital 13
Recital 13
(13) The elements of remuneration under national law or universally applicable collective agreements information on elements of minimum rates of pay under national law or collective agreements or arbitration awards which have been declared universally applicable within the meaning of Article 3 (8)should be clear and, transparent and publicly accessible to all service providers. It is therefore justified to impose on Member States the obligation to publish the constituent elements of remunerationobligations deriving from Article 3 (1) of the Directive on the single website provided for by Article 5 of the Enforcement Directive.
Amendment 119 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) All measures introduced by this Directive should be justified and proportionate so as not to create administrative burdens or to limit the potential that undertakings, in particular small and medium-sized enterprises (SMEs), have to create new jobs, while protecting posted workers.
Amendment 122 #
Proposal for a directive
Recital 14
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 wMember States have the freedom to establish and enforce on their territory appropriate measures applicable to local and foreign service providers in orkders to its territory provided that they do not disproportionately restrict the cross-border provision of serviceensure compliance with the applicable rules to subcontracting chains.
Amendment 137 #
Proposal for a directive
Recital 9
Recital 9
(9) Article 56 of the Treaty on the Functioning of the European Union (TFEU) requires the abolition of any restriction on the freedom to provide services, even if that restriction applies without distinction to national service providers and to those of other Member States, which is liable to prohibit, impede and render less attractive the activities of a service provider established in another Member State where it lawfully provides similar services. It is settled case law that restrictions to the freedom to provide services are only admissible if justified by overriding reasons inrelated to the public interest and must be appropriate, proportionate and necessary.
Amendment 140 #
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 96/71/EC
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
(-1) in Article 1, the following paragraph is added: 2a. This Directive shall not apply to transport services such as transit, international transport and cabotage.
Amendment 152 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – title
Article 2a – title
Posting exceeding twenty-four months covered by Article 1, paragraph 3, a)
Amendment 154 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 1
Article 2a – paragraph 1
Amendment 157 #
Proposal for a directive
Recital 10
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.
Amendment 161 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 1 a (new)
Article 2a – paragraph 1 a (new)
Amendment 163 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 2
Article 2a – paragraph 2
Amendment 175 #
Proposal for a directive
Recital 11
Recital 11
(11) In a competitive internal market, service providers compete not only on the basis of labour costs butand also onther factors such as productivity and efficiency, or the quality and innovation of their goods and services.
Amendment 180 #
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 supply of skills, productivity and efficiency, or the quality and innovation of their goods and services.
Amendment 181 #
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 c
Article 3 – paragraph 1 – indent 2 – point c
(c) minimum rules on remuneration, including overtime rates; this point does not apply to supplementary occupational retirement pension schemes;
Amendment 182 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Respect for the diversity of national industrial relations systems as well as the autonomy of social partners is explicitly recognised by the TFEU.
Amendment 189 #
Proposal for a directive
Recital 12
Recital 12
(12) It is within Member States' competence to set rules on remunerationpay in accordance with their law and practice. However, national rules on remuneration applied to posted workers must be proportionate and justified by the need to protect posted workers and must not disproportionately resrestrict the cross- border provision of services. The national measures must not be liable for hindering or making less attriactive the cross-border provision of services. exercise of fundamental freedoms guaranteed by the Treaty and be applied in a non- discriminatory manner, they must be justified by imperative requirements in the general interest, and suitable for securing the attainment of the objective which they pursue and they must not go beyond what is necessary in order to attain it. Or. en (GEBHARD ν CONSIGLIO DELL'ORDINE DEGLI AVVOCATI E PROCURATORI DI MILANO para 39)
Amendment 193 #
Proposal for a directive
Recital 12
Recital 12
(12) It is within Member States' competence to set rules on remuneration in accordance with their law and practice. It is up to each member state to determine which elements of payment that applies to posted workers. However, national rules on remuneration applied to posted workers, when they exist, must be justified by the need to protect posted workers and must not disproportionately restrict the cross- border provision of services.
Amendment 196 #
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
Article 3 – paragraph 1 – subparagraph 2
For the purposes of this Directive, remuneration means all the elements of remuneration rendered mandatorythe concept of minimum rates of pay referred to in paragraph 1 (c) is defined 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, in the Member State to whose territory the worker is posted.
Amendment 198 #
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
Article 3 – paragraph 1 – subparagraph 2
For the purpose of this Directive, remuneration means all the elementminimum rules ofn 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, in the Member State to whose territory the worker is posted.
Amendment 199 #
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 3
Article 3 – paragraph 1 – subparagraph 3
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)minimum rates of pay as established by law, regulation or administrative provision, and/or by collective agreements or arbitration awards which have been declared universally applicable within the meaning of paragraph 8. For the purpose of calculating the sums due to a posted worker, double payments of equal or similar nature shall be avoided. Miscalculation or omission of payments to a posted worker resulting from not accessible, incorrect or insufficient information published in the single official national website will not be sanctioned by national authorities.
Amendment 200 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
Amendment 203 #
Proposal for a directive
Recital 12 b (new)
Recital 12 b (new)
Amendment 206 #
Proposal for a directive
Recital 13
Recital 13
(13) The elements of remuneration under national law or universally applicable collective agreements information on elements of minimum rates of pay under national law or collective agreements or arbitration awards which have been declared universally applicable within the meaning of Article 3 (8)should be clear and, transparent and publicly accessible to all service providers. It is therefore justified to impose on Member States the obligation to publish the constituent elements of remunerationobligations deriving from Article 3 (1) of the Directive on the single website provided for by Article 5 of the Enforcement Directive.
Amendment 206 #
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 223 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) All measures introduced by this Directive should be justified and proportionate so as not to create administrative burdens or to limit the potential that undertakings, in particular small and medium-sized enterprises (SMEs), have to create new jobs, while protecting posted workers.
Amendment 231 #
Proposal for a directive
Recital 14
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 wMember States have the freedom to establish and enforce on their territory appropriate measures applicable to local and foreign service providers in orkders to its territory provided that they do not disproportionately restrict the cross-border provision of serviceensure compliance with the applicable rules to subcontracting chains.
Amendment 250 #
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 Stateregulates employment conditions applicable to temporary agency workers.
Amendment 262 #
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 96/71/EC
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
(–1) In Article 1, the following paragraph 2a is inserted: 2a. This Directive shall not apply to transport services such as transit, international transport and cabotage.
Amendment 286 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2 a – title
Article 2 a – title
Amendment 287 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2 a – paragraph 1
Article 2 a – paragraph 1
Amendment 309 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 1 a (new)
Article 2a – paragraph 1 a (new)
Amendment 321 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71
Article 2a – paragraph 2
Article 2a – paragraph 2
Amendment 376 #
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 c
Article 3 – paragraph 1 – indent 2 – point c
(c) minimum rules on remuneration, including overtime rates; this point does not apply to supplementary occupational retirement pension schemes;
Amendment 409 #
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
Article 3 – paragraph 1 – subparagraph 2
For the purposes of this Directive, remuneration means all the elements of remuneration rendered mandatorythe concept of minimum rates of pay referred to in paragraph 1 (c) is defined 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, in the Member State to whose territory the worker is posted.
Amendment 410 #
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
Article 3 – paragraph 1 – subparagraph 2
For the purpose of this Directive, remuneration means all the elementminimum rules ofn 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, in the Member State to whose territory the worker is posted.
Amendment 423 #
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 3
Article 3 – paragraph 1 – subparagraph 3
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)minimum rates of pay as established by law, regulation or administrative provision, and/or by collective agreements or arbitration awards which have been declared universally applicable within the meaning of paragraph 8.
Amendment 424 #
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 3
Article 3 – paragraph 1 – subparagraph 3
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)minimum rates of pay as established by law, regulation or administrative provision, and/or by collective agreements or arbitration awards which have been declared universally applicable within the meaning of paragraph 8.
Amendment 440 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71
Article 3 – paragraph 1 – subparagraph 3 a
Article 3 – paragraph 1 – subparagraph 3 a
For the purpose of calculating the sums due to a posted worker double payments of equal or similar nature shall be avoided.
Amendment 443 #
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 3 a (new)
Article 3 – paragraph 1 – subparagraph 3 a (new)
For the purpose of calculating the sums due to a posted worker double payments of equal or similar nature shall be avoided. Miscalculation or omission of payments to a posted worker resulting from not accessible, incorrect or insufficient information published in the single official national website will not be sanctioned by national authorities.
Amendment 450 #
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