Activities of Eva LICHTENBERGER related to 2012/0061(COD)
Legal basis opinions (0)
Amendments (8)
Amendment 56 #
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
Amendment 63 #
Proposal for a directive
Article 2 a (new)
Article 2 a (new)
Article 2a Link with other European Union acts 1. This Directive is without prejudice to the Rome I Regulation, in particular the application of the law which, under Article 8 of the Rome I Regulation, applies to individual employment contracts, and the application of Regulation No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems and Regulation No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems. 2. If any provision of this Directive conflicts with another EU act, the provision which ensures the highest standard of protection for workers shall apply.
Amendment 67 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – introductory part
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 performs substantial activities, other than purely internal management and/or administrativan undertaking posting workers shall supply to the competent authorities upon request proof that it genuinely performs substantial activities, other than purely internal management activities, in the territory of the Member State of establishment. The competent authorities shall take into account all factual elements characterising these activities. Such elements may include but are not limited to:
Amendment 85 #
Proposal for a directive
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. Any long-term refusal to supply the data requested shall entitle the requesting Member State to draw up a publicly accessible list of authorities that have refused to cooperate and to inform the Commission thereof. The Commission shall set up a publicly accessible list of those authorities reported to have not been willing to cooperate.
Amendment 96 #
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Member States may only impose the following administrative requirements and control measures:In order to improve the enforcement of Directive 96/71/EC, Member States, fully respecting the principle of non- discrimination, may control all elements necessary to verify compliance with Articles 3 and 5 of Directive 96/71/EC and Article 3 of this directive
Amendment 105 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Paragraphs 1 and 3 shall apply without prejudice to national rules on prescription deadlines or time limits for bringing similar actions and to national rules of procedure concerning representation and defence before the courts, if they are more favourable than the stipulation in paragraph a) and to national provisions according to which the parties to the collective agreements enforce these agreements.
Amendment 109 #
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 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 cantake the necessary measures to ensure that an undertaking can be held liable, in addition to and/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 offor the obligations of their subcontractors regarding the following:
Amendment 123 #
Proposal for a directive
Article 14 – paragraph 3 – subparagraph 2 a (new)
Article 14 – paragraph 3 – subparagraph 2 a (new)
The provisions on recovery of fines or penalties shall also apply to fines imposed as part of enforceable statutory decisions by labour courts.