BETA

17 Amendments of Csaba ŐRY related to 2012/0061(COD)

Proposal for a directive
Recital 16

(16) In order to ensure the correct application of, and to monitor compliance with, the substantive rules on the terms and conditions of employment to be respected with regard to posted workers, Member States should apply only certain control measures or administrative formalities to undertakings posting workers for the provision of services. ~~Such~~Any control measures and requirements should be uniform at the Union level and may only be imposed provided that the competent authorities cannot carry out their supervisory task effectively without the requested information and the necessary information cannot be obtained easily from the employer of posted workers or the authorities in the Member State of establishment of the service provider within a reasonable delay and/or less restrictive measures would not ensure that the objectives of the national controls measures deemed necessary are attained.

2013/01/17
Committee: EMPL

Proposal for a directive
Recital 24

(24) In view of the prevalence of subcontracting in the construction sector, and in order to protect posted workers‘ rights, it is necessary to ensure that in such sector at least the contractor of which the employer is a direct subcontractor can be held liable to pay to posted workers the net minimum rates of pay due, any back-payments of outstanding remuneration and/or contributions due to common funds or institutions of social partners regulated by law or collective agreement in so far as these are covered by Article 3 (1) of Directive 96/71/EC in addition to or in place of the employer. The contractor shall not be held liable if he/she has undertaken due diligence. The latter may imply preventive measures concerning proof provided by the subcontractor, including where relevant based upon information emanating from national authorities.deleted

2013/01/17
Committee: EMPL

Proposal for a directive
Recital 25

(25) In specific cases, other contractors may, in accordance with national law and practice, be also held liable for failure to comply with the obligations under this Directive, or their liability may be limited, after consultation of the social partners at national or sectoral level.deleted

2013/01/17
Committee: EMPL

Proposal for a directive
Recital 26

(26) The obligation to impose a liability requirement on the contractor where the direct subcontractor is a service provider, established in another Member State, posting workers is justified in the overriding public interest of the social protection of workers. Such posted workers may not be in the same situation as workers employed by a direct subcontractor established in the Member State of establishment of the contractor with regard to the possibility to claim outstanding pay or refunds of taxes or social security contributions unduly withheld.deleted

2013/01/17
Committee: EMPL

Proposal for a directive
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 p~~erforms substantial activities, other than purely internal management and/or administrative activiti~~osts workers to the territory of another Member State in the framework of transnational provision of services. Such elements may only include:

2013/01/21
Committee: EMPL

Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – introductory part

Such elements may only include:

2013/01/21
Committee: EMPL

Proposal for a directive
Article 4 – paragraph 1

For the purposes of this Directive, Member States shall, in accordance with national legislation and/or practice, designate one or more competent authorities, which may include the liaison office(s) referred to in Article 4 of Directive 96/71/EC. The principal task of the liaison office shall be to provide information about terms and conditions of employment and employment rules. The monitoring of the application of the aforementioned rules may be performed by liaison offices or by other monitoring authorities.

2013/01/21
Committee: EMPL

Proposal for a directive
Article 5 – paragraph 2 – point c

(c) make the information available to workers and service providers in the most important 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;

2013/01/21
Committee: EMPL

Proposal for a directive
Article 6 – paragraph 5 – subparagraph 1

1. Member States shall supply the information requested by other Member States or the Commission by electronic means as soon as possible and at the latest within 2 weeks from the reception of a request or within one month if the answer requires an on-the-spot inspection. In order to avoid creating an inspection timetable on account of any requests made around weekends and public holidays, the time limits shall be set in working days.

2013/01/21
Committee: EMPL

Proposal for a directive
Article 6 – paragraph 5 – subparagraph 2

A specific urgency mechanism shall be used for special situations where a Member State becomes aware of particular circumstances requiring urgent action. In such circumstances, the information shall be submitted within ~~24 hour~~5 working days.

2013/01/21
Committee: EMPL

Proposal for a directive
Article 9 – paragraph 1 – point a

(a) an obligation for a service provider established in another Member State to make a simple declaration to the responsible national competent authorities at the latest at the commencement of the service provision, whereby the declaration may only cover the identity of the service provider, the presence of one or more clearly identifiable posted workers, their anticipated number, the anticipated duration and location of their presence, and the services justifying the posting;deleted

2013/01/21
Committee: EMPL

Proposal for a directive
Article 9 – paragraph 1 – point d

(d) ~~an obligation to~~the possibility to request the designateion of a contact person to negotiate, if necessary, on behalf of the employer with the relevant social partners in the host Member State ~~to which the posting takes place~~, in accordance with national legislation and practice, during the period in which the services are provided.

2013/01/21
Committee: EMPL

Proposal for a directive
Article 12

Subcontracting — Joint and several liability 1. With respect to the construction activities referred to in the Annex to Directive 96/71/EC, for all posting situations covered by Article 1(3) of Directive 96/71/EC, the Member States shall ensure on a non–discriminatory basis with regard to the protection of the equivalent rights of employees of direct subcontractors established in its territory, that the contractor of which the employer (service provider or temporary employment undertaking or placement agency) is a direct subcontractor can, in addition to or in place of the employer, be held liable by the posted worker and/or common funds or institutions of social partners for non-payment of the following: a) any outstanding net remuneration corresponding to the minimum rates of pay and/or contributions due to common funds or institutions of social partners in so far as covered by Article 3 (1) of Directive 96/71/EC; b) any back-payments or refund of taxes or social security contributions unduly with held from his/her salary. The liability referred to in the present paragraph shall be limited to worker's rights acquired under the contractual relationship between the contractor and his subcontractor. 2. Member States shall provide that a contractor who has undertaken due diligence shall not be liable in accordance with paragraph 1. Such systems shall be applied in a transparent, non discriminatory and proportionate way. They may imply preventive measures taken by the contractor concerning proof provided by the subcontractor of the main working conditions applied to the posted workers as referred to in Article 3 (1) of Directive 96/71/EC, including pay slips and payment of wages, the respect of social security and/or taxation obligations in the Member State of establishment and compliance with the applicable rules on posting of workers. 3. Member States may, in conformity with Union law, provide for more stringent liability rules under national law on a non-discriminatory and proportionate basis in regard to the scope and range of subcontractor liability. Member States may also, in conformity with Union law, provide for such liability in sectors other than those contained in the Annex to Directive 96/71/EC. Member States may in these cases provide that a contractor that has undertaken due diligence as defined by national law shall not be liable. 4. Within three years after the date referred to in Article 20, the Commission shall, in consultation with the Member States and social partners at EU level, review the application of this Article with a view to proposing, where appropriate, any necessary amendments or modifications.deleted

2013/01/21
Committee: EMPL

Proposal for a directive
Article 12 – paragraph 1

1. With respect to the construction activities referred to in the Annex to Directive 96/71/EC, for all posting situations covered by Article 1(3) of Directive 96/71/EC, the Member States shall ensure on a non–discriminatory basis with regard to the protection of the equivalent rights of employees of direct subcontractors established in its territory, that the contractor of which the employer (service provider or temporary employment undertaking or placement agency) is a direct subcontractor can, in addition to or in place of the employer, be held liable by the posted worker and/or common funds or institutions of social partners for non-payment of the following: (a) any outstanding net remuneration corresponding to the minimum rates of pay and/or contributions due to common funds or institutions of social partners in so far as covered by Article 3 (1) of Directive 96/71/EC; (b) any back-payments or refund of taxes or social security contributions unduly with held from his/her salary. The liability referred to in the present paragraph shall be limited to worker's rights acquired under the contractual relationship between the contractor and his subcontractor.deleted

2013/01/21
Committee: EMPL

Proposal for a directive
Article 12 – paragraph 2

(2) Member States shall provide that a contractor who has undertaken due diligence shall not be liable in accordance with paragraph 1. Such systems shall be applied in a transparent, non discriminatory and proportionate way. They may imply preventive measures taken by the contractor concerning proof provided by the subcontractor of the main working conditions applied to the posted workers as referred to in Article 3 (1) of Directive 96/71/EC, including pay slips and payment of wages, the respect of social security and/or taxation obligations in the Member State of establishment and compliance with the applicable rules on posting of workers.deleted

2013/01/21
Committee: EMPL

Proposal for a directive
Article 12 – paragraph 3

(3) Member States may, in conformity with Union law, provide for more stringent liability rules under national law on a non-discriminatory and proportionate basis in regard to the scope and range of subcontractor liability. Member States may also, in conformity with Union law, provide for such liability in sectors other than those contained in the Annex to Directive 96/71/EC. Member States may in these cases provide that a contractor that has undertaken due diligence as defined by national law shall not be liable.deleted

2013/01/21
Committee: EMPL

Proposal for a directive
Article 12 – paragraph 4

(4) Within three years after the date referred to in Article 20, the Commission shall, in consultation with the Member States and social partners at EU level, review the application of this Article with a view to proposing, where appropriate, any necessary amendments or modifications.deleted

2013/01/21
Committee: EMPL