BETA

12 Amendments of Françoise CASTEX related to 2012/0061(COD)

Amendment 94 #
Proposal for a directive
Recital 8
(8) Trade unions play an important role in the context of the posting of workers for the provision of services since social partners may, in accordance with national law and/or practice, determine the different levels (alternatively or simultaneously) of the applicable minimum rates of payhis Directive and Directive 96/71/EC should not interfere with different national industrial relations and collective bargaining systems.
2013/01/17
Committee: EMPL
Amendment 117 #
Proposal for a directive
Recital 11 a (new)
(11a) Member States should take appropriate measures in order to prevent the misuse and/or circumvention of Directive 96/71/EC and this Directive by undertakings for the purpose of depriving posted workers of their rights or the withholding of such rights. In particular, posted workers sent to replace workers on strike, successive assignments to the same post and bogus self employment should be prevented.
2013/01/17
Committee: EMPL
Amendment 164 #
Proposal for a directive
Recital 23
(23) To facilitate the enforcement of Directive 96/71/EC and ensure more effective application of it, effective complaint mechanisms should exist through which posted workers may lodge complaints or engage in proceedings either directly or through relevant designated third parties, such as trade unions or other associations as well as common institutions of social partners. This should be without prejudice to national rules of procedure concerning representation and defence before the courts. Trade unions should have a right of collective action and the possibility of representative action.
2013/01/17
Committee: EMPL
Amendment 172 #
Proposal for a directive
Recital 24
(24) In view of the prevalence of subcontracting in the construction sector,With a view to reducing abuses in subcontracting situations 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 authoritiesall contractors up the chain can be held liable to pay to posted workers all entitlements due to him/her.
2013/01/17
Committee: EMPL
Amendment 215 #
Proposal for a directive
Recital 33 a (new)
(33a) Fundamental social rights should not be called into question on grounds of economic freedoms. Therefore this Directive should strengthen the enforcement of Directive 96/71/EC in particular in light of legal uncertainties resulting from the judgments of the European Court of Justice notably Viking (C-438/05), Laval (C-341/05), Rüffert (C- 346/06) and Luxembourg (C-319/06).
2013/01/17
Committee: EMPL
Amendment 239 #
Proposal for a directive
Article 2 – paragraph 1 – point a
(a) 'competent authority' means an authority body designated by a Member State to perform functions under this Directive, including social partners;
2013/01/21
Committee: EMPL
Amendment 403 #
Proposal for a directive
Article 3 a (new)
Article 3a Prevention of misuse and circumvention 1. Member States shall take appropriate measures with a view to preventing the misuse and/or circumvention of this Article for the purpose of depriving workers of their rights or withholding such rights. In particular: (a) repeated periods during which the post is filled by the same or another posted worker shall be prevented; (b) posted workers shall not be used to replace workers who are on strike; 2. In order to prevent the systematic abuse of the common rules for access to the international road haulage market, as given by Regulation 1072/2009/EC, especially concerning cabotage, a driver in a vehicle used for international freight transport and in cabotage according to Article 8 of Regulation 1072/2009/EC, shall be covered by the provisions of Article 3; 3. Natural and legal persons, who repeatedly seriously violate the provisions of Directive 96/71/EC and this Directive, will be centrally recorded at national and Union level. 4. A European Labour Inspection shall be set up to enhance cooperation between national Labour Inspections and to inspect, in cooperation with national authorities, working places with cross- borders issues;
2013/01/21
Committee: EMPL
Amendment 448 #
Proposal for a directive
Article 5 – paragraph 4
4. Where, in accordance with national law, traditions and practices and with full respect for the autonomy of the social partners, the terms and conditions of employment referred to in Article 3 of Directive 96/71/EC are laid down in collective agreements in accordance with aArticle 3 paragraph 1 and 8 of that Directive, Member States should ensure that the social partners shall identify these and make available the relevant information, in particular concerning the different minimum rates of pay and their constituent elements, the method used to calculate the remuneration due and the qualifying criteria for classification in the different wage categories, , available in an accessible and transparent way for service providers from other Member States and posted workers. Terms and conditions of employment should be available in an accessible and transparent way.
2013/01/21
Committee: EMPL
Amendment 461 #
Proposal for a directive
Article 5 b (new)
Article 5b Temporary Information and consultation body for transnational workplaces 1. Member States shall ensure that a temporary transnational information and consultation body for transnational workplaces is established when at least two foreign service providers are posting workers to a workplace in order to inform and consult posted workers about their rights. 2. The central or local management of the main contractor shall be responsible to inform immediately the local workers representative bodies and initiate negotiations for the establishment of a temporary information and consultation body for transnational workplaces. The Member States shall determine the rules of procedure in accordance with the national practices. 3. The temporary information and consultation body for transnational workplaces shall be established for the whole duration of the workplace from the moment when at least two foreign services providers have posted workers on the workplace. 4. The temporary information and consultation body for transnational workplaces will be composed of representatives from the management of the main contractors and employee representatives.
2013/01/21
Committee: EMPL
Amendment 555 #
Proposal for a directive
Article 9 – paragraph 1 – point b
(b) an obligation to keep or make available documents and/or retain copies in paper or electronic form for the competent authorities and the trade unions, at the place where the service is provided, during the period of service provision and up to two years after the period of service provision. This obligation concerns the following documents in particular: - a copy of the A1 form as proof of social security coverage in the home member state, - of the employment contract (or an equivalent document within the meaning of Directive 91/533, including, where appropriate or relevant, the additional information referred to in Article 4 of that Directive), - payslips, - time-sheets and, - proof of payment of wages or copies of equivalent documents during the period of posting, - an assessment of the risks to safety and health at work, including protective measures to be taken, in accordance with Directive 89/391/EC, - where the posted worker is a third country national, copies of the work permit and of the residence permit. The documents shall be kept in an accessible and clearly identified place in itsthe territory of the host Member State, such as the workplace or the building site, or for mobile workers in the transport sector the operations base or the vehicle with which the service is provided;
2013/01/21
Committee: EMPL
Amendment 616 #
Proposal for a directive
Article 9 – paragraph 3 b (new)
3b. During the period of posting of a worker, inspection of the working conditions shall lie within the responsibility of the authorities or competent body of the Member State to which the posting takes place. They can carry out factual checks and controls on their own initiative and are not bound to any results of checks or controls carried out by the Member State of establishment.
2013/01/21
Committee: EMPL
Amendment 770 #
Proposal for a directive
Article 12 a (new)
Article 12a Subcontracting and liability 1. Each Member State shall take the necessary measures to ensure that an undertaking which appoints a subcontractor to provide services is liable, in addition to and/or in place of that subcontractor, for obligations of that subcontractor and any other intermediate. 2. This shall not in any way preclude the application of already existing more stringent rules at national level nor the introduction of those. 3. Member States may limit vertical subcontracting to three levels provided that the limitation is not discriminatory.
2013/01/21
Committee: EMPL