4 Amendments of Marian HARKIN related to 2012/0061(COD)
Amendment 107 #
Proposal for a directive
Recital 10
Recital 10
(10) Adequate and effective implementation and enforcement are key elements in protecting the rights of posted workers, whereas poor enforcement undermines the effectiveness of the Union rules applicable in this area. Close cooperation between the Commission and the Member States is, therefore essential, without neglecting the important role of Commission, labour inspectorates and the social partners in this respectsential.
Amendment 212 #
Proposal for a directive
Recital 32
Recital 32
(32) Member States should take appropriate measures in the event of failure to comply with the obligations laid down in this Directive, including administrative and judicial procedures, and should provide for effective, dissuasive and proportionate penalties for any breaches of the obligations under this Directive. Failure of Member States to fully comply with this Directive should result in the launch of infringement proceedings by the Commission.
Amendment 710 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – introductory part
Article 12 – paragraph 1 – subparagraph 1 – introductory part
1. With respect to the construction activities referMember States shall ensured to inhat the Annex to Directive 96/71/EC, for all posting situdirect employer shall be liable to pay any outstanding remuneration as 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 sub1 paragraph 5 a, the refund of excessive costs according to Article 11 paragraph 5 b, any back-payments or refund of taxes or social security contributions. This shall also be ensured after the employee has returned to his/her home countracty or 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:other Member State. Member States may apply more stringent rules at national level or introduce such rules.
Amendment 832 #
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
No later than 53 years after the expiry of the deadline for transposition, the Commission shall report to the European Parliament, the Council and the European Economic and Social Committee on the implementation of this Directive, making appropriate proposals where necessary.