11 Amendments of Evelyne GEBHARDT related to 2012/0061(COD)
Amendment 134 #
Proposal for a directive
Recital 4
Recital 4
(4) In order to prevent, avoid and combat circumvention and/or abuse of the applicable rules by companies taking improper or fraudulent advantage of the freedom to provide services enshrined in the Treaty and/or the application of Directive 96/71/EC the implementation and monitoring of the notion of posting should be improved. This core set of clearly defined terms and conditions of work and employment in Directive 96/71/EC may not be adversely affected by the Directive on the enforcement of Directive 96/71/EC.
Amendment 136 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) This Directive shall not affect in any way the exercise of fundamental rights as recognised in Member States and international law, the ILO Conventions, the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union, including the right or freedom to strike or to take other action covered by the specific industrial relations systems in Member States, in accordance with national law and practices. Nor does it affect the right to negotiate, conclude and enforce collective agreements and to take collective action in accordance with national law and practices.
Amendment 141 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) 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, account shall be taken not just of the list of criteria in Article 3(2) relating to the employment situation of the worker. The authorities shall in the course of their verification make an overall assessment of each individual case and shall take due account of the specificities of the situation in the light of Article 14(8) of Regulation No 987/2009.
Amendment 153 #
Proposal for a directive
Recital 12
Recital 12
(12) In order to facilitate better and more uniform application of Directive 96/71/EC, it is appropriate to provide for an electronic information exchange system to facilitate administrative cooperation and competent authorities should use the Internal Market Information System (IMI) as much as possible. However, this should not prevent the application of bilateral agreements or arrangements concerning administrative cooperation. Arrangements for application of electronic information exchange by means of the Internal Market Information System should be tested to ensure that they work in practice.
Amendment 206 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point a
Article 3 – paragraph 1 – subparagraph 1 – point a
(a) the country of establishment is the place where thean undertaking has its registered office and administration, uses office space, pays taxes,fulfils the following cumulative criteria: it pursues its substantial business activity there, it has its administration there, it pays taxes and social contributions there, it has a professional licence there or is registered with the chambers of commerce or professional bodies, there;
Amendment 217 #
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. The Member States should take appropriate action to prevent abuse and/or circumvention of this Directive by undertakings seeking deliberately to deny posted workers their rights or to deprive them of them; in particular, they should take steps to prevent successive postings to the same place, which serves to circumvent the provisions of this Directive and of Directive 96/71/EC.
Amendment 235 #
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 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;
Amendment 237 #
Proposal for a directive
Article 5 – paragraph 2 – point c a (new)
Article 5 – paragraph 2 – point c a (new)
(c a) make the information available to workers and service providers in summary leaflet form indicating the key terms and conditions of employment to be applied, the procedures for submitting complaints and the judicial procedures and penalties applicable in the event of non- compliance; this information shall be supplied upon request in formats accessible to persons with disabilities;
Amendment 248 #
Proposal for a directive
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. Any long-term refusal to supply the data requested shall entitle the requesting Member State to draw up a publicly accessible list of authorities that have refused to cooperate and to inform the Commission thereof. The Commission shall keep a publicly accessible list of those authorities reported to it which have not been willing to cooperate.
Amendment 262 #
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Member States may onlyIn order to improve compliance with Articles 3 and 5 of Directive 96/71/EC, the Member State to which the posting takes place may in particular impose the following administrative requirements and control measures, which shall not however be limited to those given in this list:
Amendment 279 #
Proposal for a directive
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. The Member States shall make the administrative requirements and control measures which they have imposed on service providers publicly available.