13 Amendments of Christofer FJELLNER related to 2016/0070(COD)
Amendment 43 #
Proposal for a directive
Citation 4 a (new)
Citation 4 a (new)
Having regard to the reasoned opinions issued by national parliaments from 11 Member States objecting the Commission proposal on the grounds of subsidiarity;
Amendment 65 #
Proposal for a directive
Recital 2
Recital 2
(2) The freedom to provide services includes the right of undertakings to provide services in another Member State, to which they may post their own workers temporarily in order to provide those services there. The Treaty provides that restrictions on the freedom to provide services are prohibited.
Amendment 81 #
Proposal for a directive
Recital 4
Recital 4
(4) Almost twenty years after its adoption, it is necessary to assess whetherenforce the rules and confirm that 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.
Amendment 190 #
Proposal for a directive
Recital 12
Recital 12
(12) It is within Member States' competence to set rules on remunerationminimum rates of pay and bonuses and allowances in accordance with their law and practice. However, these national rules on remuneration applied to posted workers must be proportionate, non- discriminatory and justified by the need to protect posted workers and must not disproportionately restrict the cross- border provision of services. Therefore Member States should ensure that workers posted to their territory are entitled to minimum rates of pay as well as specific categories of bonuses and allowances as specified in Article 3.1.(c).
Amendment 204 #
Proposal for a directive
Recital 13
Recital 13
Amendment 365 #
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) remuneration, including overtime rates; this point does not apply to supplementary occupational retirement pension schemes; the minimum rates of pay, including overtime rates; allowances for work carried out on public holidays and Sundays; sector- specific allowances and bonuses with regards to specific working conditions as well as health and safety; seniority allowances; end of year bonuses; daily allowances including board and lodging allowances with regard to assignment within the Member State to which a worker is posted; this point does not apply to supplementary occupational retirement pension schemes, benefits in kind as well as bonuses and allowances which are not directly paid to posted workers;
Amendment 392 #
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
Amendment 412 #
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)
For the purpose of calculating the sums due to a posted worker double payment of applicable bonuses and allowances of equal or similar nature shall be avoided. In case of a conflict a common decision shall be taken jointly by competent authorities of the host and of the home member state. Miscalculation of sums due to a posted worker resulting from wrong or insufficient information published in the single official national website or transmitted to subcontractors in written form shall not be sanctioned. Posted workers shall be entitled to the gross amount which does not have to comply with all the mandatory elements but with the amount required
Amendment 420 #
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)
For the purpose of calculating the sums due to a posted worker double payment of applicable bonuses and allowances of equal or similar nature shall be avoided. In case of a conflict a common decision shall be taken jointly by competent authorities of the host and of the home member state.
Amendment 421 #
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 b (new)
Article 3 – paragraph 1 – subparagraph 2 b (new)
Miscalculation of sums due to a posted worker resulting from wrong or insufficient information published in the single official national website or transmitted to subcontractors in written form shall not be sanctioned.
Amendment 422 #
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 c (new)
Article 3 – paragraph 1 – subparagraph 2 c (new)
Posted workers shall be entitled to the gross amount which does not have to comply with all the mandatory elements but with the amount required
Amendment 425 #
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)specify in a transparent way minimum rates of pay as well as allowances and bonuses as listed in point (c) that are applicable in their territory. They shall publish this information in the single official national website referred to in Article 5 of Directive 2014/67/EU. In case of universally applicable collective agreements a separate clear information on the applicable minimum rates of pay as well as bonuses and allowances shall be published.
Amendment 444 #
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)
In case of subcontracting the national contractors shall be obliged to inform their subcontractors in writing about applicable terms and condition of employment including minimum rates of pay, applicable bonuses and allowances.