10 Amendments of Markus FERBER related to 2016/0070(COD)
Amendment 49 #
Proposal for a directive
Recital 1
Recital 1
(1) The free movement of workers, freedom of establishment and freedom to provide services are fundamental principles of the internal market in the Union enshrined in the Treaty on the Functioning of the European Union (TFEU) and essential to a properly functioning internal market. The implementation of those principles is further developed by the Union in order to promote social cohesion among the Member States and is aimed at guaranteeing a level playing field for businesses and respect for the rights of workers.
Amendment 59 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) Article 153(5) TFEU explicitly does not give the Union the power to regulate pay.
Amendment 61 #
Proposal for a directive
Recital 1 b (new)
Recital 1 b (new)
(1b) Article 62 TFEU in conjunction with Article 53(1) TFEU establishes a clearly defined system, with set limits, for the allocation of competences in the area of social policy.
Amendment 73 #
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 strikes the right balance between the need to promote the freedom to provide services and the need to protect the rights of posted workers. Alongside the review of the Posting of Workers Directive, priority should be given to enforcing and implementing the acquis and assessing the impact of the directive.
Amendment 202 #
(12a) The setting of wages is a matter for the Member States and social partners alone; particular care should be taken not to undermine the freedom to negotiate wage settlements and freedom of contract, so that wages can continue to be set independently and on the responsibility of the parties involved.
Amendment 221 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) Member States should significantly speed up the establishment of the single official national website referred to in Article 5 of Directive 2014/67/EU; the arrangements for using the website should take particular account of the needs of small and medium-sized enterprises.
Amendment 247 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) Member States should enforce existing rules on subcontracting strictly and consistently.
Amendment 295 #
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
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, unless the parties have agreed on the application of a different law in accordance with Article 3(1) of the Rome I Regulation.
Amendment 418 #
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)
The Member States and social partners shall be responsible for determining which elements make up the remuneration.
Amendment 448 #
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 1a
Article 3 – paragraph 1a