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Activities of Małgorzata HANDZLIK related to 2012/0061(COD)

Shadow opinions (1)

OPINION on the proposal for a directive of the European Parliament and of the Council on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services
2016/11/22
Committee: IMCO
Dossiers: 2012/0061(COD)
Documents: PDF(309 KB) DOC(719 KB)

Amendments (119)

Amendment 46 #
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
2013/01/28
Committee: JURI
Amendment 50 #
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
2013/01/28
Committee: JURI
Amendment 53 #
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
2013/01/28
Committee: JURI
Amendment 82 #
Proposal for a directive
Recital 4
(4) In order to prevent, avoid and combat circumvention and/or abuse of the applicable rules by companies taking improper or fraudulent advantage of the freedom to provide services enshrined in the Treaty and/or the application of Directive 96/71/EC the implementation and monitoring of the notion of posting should be improved, taking into consideration the principles of proportionality and non-discrimination.
2013/01/17
Committee: EMPL
Amendment 86 #
Proposal for a directive
Recital 4 a (new)
(4a) All measures introduced by the Directive must be justified, proportionate and non-discriminatory so that they do not create administrative burdens and do not lock the potential that companies, in particular small and medium enterprises have in creating new jobs, while protecting posted workers.
2013/01/17
Committee: EMPL
Amendment 95 #
Proposal for a directive
Recital 8
(8) Trade unionSocial partners play an important role in the context of the posting of workers for the provision of services since social partnersthey may, in accordance with national law and/or practice, determine the different levels (alternatively or simultaneously) of the applicable minimum rates of pay. This right should come together with their responsibility for communicating and informing about the aforementioned rates.
2013/01/17
Committee: EMPL
Amendment 104 #
Proposal for a directive
Recital 10
(10) Adequate and effective implementation and enforcement are key elements in protecting the rights of posted workers and ensuring the right of undertakings to provide services in another Member State, 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 labour inspectorates and the social partners in this respect.
2013/01/17
Committee: EMPL
Amendment 107 #
Proposal for a directive
Article 12
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 workers’ 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.Article 12 deleted Subcontracting — Joint and several liability
2013/01/28
Committee: JURI
Amendment 116 #
Proposal for a directive
Recital 11
(11) Mutual trust, a spirit of cooperationTaking into account that the ability of the host Member State to establish factual elements regarding the foreign undertaking is limited, cooperation with the Member State of establishment is crucial and needs to be further improved. Mutual trust, a spirit of assistance, continuous dialogue and mutual understanding are essential in this respect.
2013/01/17
Committee: EMPL
Amendment 129 #
Proposal for a directive
Recital 2
(2) The free movement of workers gives every citizen the right to move freely to another Member State to work and reside there for that purpose and protects them against discrimination as regarddom to provide services includes the right of undertakings to provide services in another Member State, for which they may send ('post') their own workers temployment, remuneration and oorarily to carry out ther working conditions in comparison to nationals of that Member State. It need necessary to provide these services there. It is necessary for the purpose of the posting of workers to be distinguished this freedom from the freedom to provide services, which includes the right of undertakings to provide services in another Member State, for which they may send (‘post’) their own worker movement of workers, which gives every citizen the right to move freely to another Member State to work and reside there for that purpose and protects them against discrimination as regards temporarily to carry out loyment, remuneration and other work necessary to provide these services thering conditions in comparison to nationals of that Member State.
2012/11/07
Committee: IMCO
Amendment 135 #
Proposal for a directive
Recital 14 a (new)
(14a) Where terms and conditions of employment are laid down in collective agreements which have been declared universally applicable, Member States should ensure that these collective agreements are officially published and accessible.
2013/01/17
Committee: EMPL
Amendment 135 #
Proposal for a directive
Recital 4
(4) In order to prevent, avoid and combat circumvention and/or abuse of the applicable rules by companies taking improper or fraudulent advantage of the freedom to provide services enshrined in the Treaty and/or the application of Directive 96/71/EC the implementation and monitoring of the notion of posting should be improved, taking into consideration the principles of proportionality and non-discrimination.
2012/11/07
Committee: IMCO
Amendment 138 #
Proposal for a directive
Recital 4 a (new)
(4 a) All measures introduced by the Directive must be justified, proportionate and non-discriminatory so that they do not create administrative burdens and do not lock the potential that companies, in particular small and medium enterprises have in creating new jobs, while protecting posted workers.
2012/11/07
Committee: IMCO
Amendment 139 #
Proposal for a directive
Recital 5
(5) Therefore, the constituent factual elements characterising the temporary nature inherent to the notion of posting, which implies that the employer should be genuinely established in the Member State from which the posting takes place, as well as the relationship between Directive 96/71/EC and Regulation (EC) No 593/2008 on the law applicable to contractual obligations (hereinafter the ‘Rome I Regulation’) need to be further clarified, so that a broad application of the Directive is ensured.
2012/11/07
Committee: IMCO
Amendment 143 #
Proposal for a directive
Recital 8
(8) Trade unionSocial partners play an important role in the context of the posting of workers for the provision of services since social partnersthey may, in accordance with national law and/or practice, determine the different levels (alternatively or simultaneously) of the applicable minimum rates of pay .This right should come together with their responsibility for communicating and informing about the aforementioned rates.
2012/11/07
Committee: IMCO
Amendment 148 #
Proposal for a directive
Recital 10
(10) Adequate and effective implementation and enforcement are key elements in protecting the rights of posted workers and ensuring the right of undertakings to provide services in another Member State, 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 labour inspectorates and the social partners in this respect.
2012/11/07
Committee: IMCO
Amendment 149 #
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 certainsuch control measures or administrative formalities to undertakings posting workers for the provision of services. Such control measures or administrative formalities should be proportionate and not entail unjustified, excessive administrative burdens. Such measures and requirements 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
Amendment 150 #
Proposal for a directive
Recital 11
(11) Mutual trust, a spirit of cooperationTaking into account that the ability of the host Member State to establish factual elements regarding the foreign undertaking is limited, cooperation with the Member State of establishment is crucial and needs to be further improved. Mutual trust, a spirit of assistance, continuous dialogue and mutual understanding are essential in this respect.
2012/11/07
Committee: IMCO
Amendment 155 #
Proposal for a directive
Recital 12
(12) In order to facilitate better and more uniform application of Directive 96/71/EC, it is appropriate to provide for an electronic information exchange system to facilitate administrative cooperation and competent authorities should use the Internal Market Information System (IMI) as much as possible. However, this should not prevent the application of bilateral agreements or arrangements concerning administrative cooperation.
2012/11/07
Committee: IMCO
Amendment 157 #
Proposal for a directive
Recital 14 a (new)
(14 a) Where terms and conditions of employment are laid down in collective agreements which have been declared universally applicable, Member States should ensure that these collective agreements are officially published and accessible.
2012/11/07
Committee: IMCO
Amendment 158 #
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 certainsuch control measures or administrative formalities to undertakings posting workers for the provision of services. Such control measures or administrative formalities should be proportionate and not entail unjustified, excessive administrative burdens. Such measures and requirements 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.
2012/11/07
Committee: IMCO
Amendment 163 #
Proposal for a directive
Recital 18
(18) To ensure better and more uniform application of Directive 96/71/EC as well as its enforcement in practice, and to reduce, as far as possible, differences in the level of application and enforcement across the Union, Member States should ensure that effective and, adequate, proportionate and non-discriminatory inspections are carried out on their territory and that inspected undertakings are provided with information in writing on the result of the inspection.
2012/11/07
Committee: IMCO
Amendment 166 #
Proposal for a directive
Recital 19
(19) National labour inspectorates, social partners and other monitoring bodauthorities are of paramount importance in this respect and should continue to play a crucial role.
2012/11/07
Committee: IMCO
Amendment 168 #
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
Amendment 168 #
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, with their approval, 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.
2012/11/07
Committee: IMCO
Amendment 171 #
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
2012/11/07
Committee: IMCO
Amendment 175 #
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
2012/11/07
Committee: IMCO
Amendment 178 #
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
2012/11/07
Committee: IMCO
Amendment 181 #
Proposal for a directive
Recital 27
(27) The disparities between the systems of the Member States for enforcing imposed administrative fines and/or penalties in regard to posting of workers situations in accordance with this Directive and Directive 96/71, in cross-border situations are prejudicial to the proper functioning of the internal market and risk making it very difficult, if not impossible, to ensure that posted workers enjoy an equivalent level of protection throughout the Union.
2012/11/07
Committee: IMCO
Amendment 182 #
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
Amendment 182 #
Proposal for a directive
Recital 28
(28) Effective enforcement of the substantive rules governing the posting of workers for the provision of services should be ensured by specific action focusing on the cross-border enforcement of imposed administrative fines and penalties in regard to posting of workers situations in accordance with this Directive and Directive 96/71. Approximation of the legislation of the Member States in this field is therefore an essential prerequisite in order to ensure a higher, more equivalent and comparable level of protection necessary for the proper functioning of the internal market.
2012/11/07
Committee: IMCO
Amendment 183 #
Proposal for a directive
Recital 29
(29) The adoption of common rules for providing mutual assistance and support for enforcement measures and the associated costs, as well as the adoption of uniform requirements for the notification of decisions relating to administrative penalties and fines imposed in regard to posting of workers situations in accordance with this Directive and Directive 96/71, should resolve a number of practical cross-border enforcement problems and guarantee better communication and better enforcement of such decisions emanating from another Member State.
2012/11/07
Committee: IMCO
Amendment 184 #
Proposal for a directive
Recital 30
(30) Notwithstanding the establishment of more uniform rules with respect to the cross-border enforcement of penalties and fines in regard to posting of workers situations in accordance with this Directive and Directive 96/71 and the need for more common criteria for follow-up procedures in the event of the non-payment of these they should not affect the Member States' competences to determine their system of penalties, sanctions and fines or the recovery measures available under their internal legislation.
2012/11/07
Committee: IMCO
Amendment 188 #
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2
This Directive aims to facilitate the exercise of the freedom to provide services for service providers and promoting fair competition between service providers, while guaranteeing respect for an appropriate level of minimum protection of the rights of posted workers for the cross-border provision of services, while facilitating the exercise of the freedom to provide services for service providers and promoting fair competition between service providers.
2012/11/07
Committee: IMCO
Amendment 190 #
Proposal for a directive
Article 2 – paragraph 1 – point a
(a) ‘competent authority’ means anpublic authorityies of a Member State designated by athis Member State to perform functions under this Directive;
2012/11/07
Committee: IMCO
Amendment 193 #
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
Amendment 193 #
Proposal for a directive
Article 2 – paragraph 1 – point c a (new)
(c a) "undertaking established in a Member State" means an undertaking which actually pursues an economic activity, as referred to in Article 49 of the Treaty on the Functioning of the European Union, by the provider for an indefinite period and through a stable infrastructure from where the business of providing services is actually carried out;
2012/11/07
Committee: IMCO
Amendment 202 #
Proposal for a directive
Recital 27
(27) The disparities between the systems of the Member States for enforcing imposed administrative fines and/or penalties in regard to posting of workers situations in accordance with this Directive and Directive 96/71, in cross-border situations are prejudicial to the proper functioning of the internal market and risk making it very difficult, if not impossible, to ensure that posted workers enjoy an equivalent level of protection throughout the Union.
2013/01/17
Committee: EMPL
Amendment 202 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – introductory part
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 administrative activities. Such elements may include:
2012/11/07
Committee: IMCO
Amendment 203 #
Proposal for a directive
Recital 28
(28) Effective enforcement of the substantive rules governing the posting of workers for the provision of services should be ensured by specific action focusing on the cross-border enforcement of imposed administrative fines and penalties in regard to posting of workers situations in accordance with this Directive and Directive 96/71. Approximation of the legislation of the Member States in this field is therefore an essential prerequisite in order to ensure a higher, more equivalent and comparable level of protection necessary for the proper functioning of the internal market.
2013/01/17
Committee: EMPL
Amendment 203 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – introductory part
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 administrative activities. Such elements may include:
2012/11/07
Committee: IMCO
Amendment 204 #
Proposal for a directive
Recital 29
(29) The adoption of common rules for providing mutual assistance and support for enforcement measures and the associated costs, as well as the adoption of uniform requirements for the notification of decisions relating to administrative penalties and fines imposed in regard to posting of workers situations in accordance with this Directive and Directive 96/71, should resolve a number of practical cross-border enforcement problems and guarantee better communication and better enforcement of such decisions emanating from another Member State.
2013/01/17
Committee: EMPL
Amendment 205 #
Proposal for a directive
Recital 30
(30) Notwithstanding the establishment of more uniform rules with respect to the cross-border enforcement of penalties and fines in regard to posting of workers situations in accordance with this Directive and Directive 96/71 and the need for more common criteria for follow-up procedures in the event of the non-payment of these they should not affect the Member States' competences to determine their system of penalties, sanctions and fines or the recovery measures available under their internal legislation.
2013/01/17
Committee: EMPL
Amendment 207 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point a
(a) the place where the undertaking has its registered office and administration, uses office space, pays taxes, or according to national law has a professional licence or is registered with the chambers of commerce or professional bodies,
2012/11/07
Committee: IMCO
Amendment 208 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point b a (new)
(b a) the place from which workers are posted,
2012/11/07
Committee: IMCO
Amendment 212 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point d
(d) the place where the undertaking performs its substantial business activity and where it employs administrative staff,
2012/11/07
Committee: IMCO
Amendment 213 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point e
(e) the abnormally limited number of contracts performed and/or size of turnover realised in the Member State of establishment.deleted
2012/11/07
Committee: IMCO
Amendment 216 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2
The assessment of these elements shall be adapted to each specific case and take account of the nature of the activities and/or period of time in which these activities were carried out by the undertaking in the Member State in which it is established.
2012/11/07
Committee: IMCO
Amendment 218 #
Proposal for a directive
Article 3 – paragraph 2 a (new)
2 a. Within three years after the date referred to in Article 20, the necessity and appropriateness of the elements enumerated in paragraphs 1 and 2 of this article shall be reviewed in the light of defining possible new elements which shall be taken into account in order to determine whether the undertaking is genuine and posted worker temporarily carries out his or her work, with a view to proposing, where appropriate, any necessary amendments or modifications.
2012/11/07
Committee: IMCO
Amendment 219 #
Proposal for a directive
Article 3 – paragraph 2 a (new)
2 a. In any case, the possession of a certificate concerning social security such as form A1 is an indication that an undertaking genuinely performs its activities.
2012/11/07
Committee: IMCO
Amendment 220 #
Proposal for a directive
Article 3 – paragraph 2 b (new)
2 b. The elements determining whether an undertaking in the Member State in which it is established genuinely performs activities and assessing whether a posted worker temporarily carries out his or her work in a Member State other than the one in which he or she normally works, shall be interpreted in a balanced way, in accordance with the rules concerning freedom to provide services included in the Title IV, Chapter III of the Treaty on Functioning of the European Union.
2012/11/07
Committee: IMCO
Amendment 221 #
Proposal for a directive
Article 3 – paragraph 2 c (new)
2 c. All the factual elements enumerated in paragraph 1 and 2 are only indicative factors in the overall assessment to be made and may therefore never be considered in isolation. The criteria shall be adapted to each specific case and take account of the specificities of the situation. The non-meeting of one or more of the criteria does not necessary preclude the situation of posting, but should help in the evaluation of genuine posting. The criteria in paragraphs 1 and 2 are intended to assist a competent authority in cases where the competent authority has reason to believe that a worker may not qualify as posted under Directive 96/71/EC. In such cases the competent authority may apply the criteria and factual elements in paragraphs 1 and 2 which it considers are relevant to the circumstances under consideration. There is no requirement that evidence must be supplied in respect of each criterion or that each criterion must be satisfied in every instance of a posting.
2012/11/07
Committee: IMCO
Amendment 224 #
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2
This Directive aims to facilitate the exercise of the freedom to provide services for service providers and promoting fair competition between service providers, while guaranteeing respect for an appropriate level of minimum protection of the rights of posted workers for the cross- border provision of services, while facilitating the exercise of the freedom to provide services for service providers and promoting fair competition between service providers.
2013/01/21
Committee: EMPL
Amendment 224 #
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – introductory part
Such elements may include:
2012/11/07
Committee: IMCO
Amendment 232 #
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 3
All the factual elements enumerated above are indicative factors in the overall assessment to be made and may not therefore be considered in isolation. The criteria shall be adapted to each specific case and take account of the specificities of the situation.deleted
2012/11/07
Committee: IMCO
Amendment 239 #
Proposal for a directive
Article 5 – paragraph 2 – point f
(f) keep the information provided for in the country fiches up to date, exact and exhaustive.
2012/11/07
Committee: IMCO
Amendment 241 #
Proposal for a directive
Article 2 – paragraph 1 – point a
(a) 'competent authority' means anpublic authorityies of a Member State designated by athis Member State to perform functions under this Directive;
2013/01/21
Committee: EMPL
Amendment 242 #
Proposal for a directive
Article 5 – paragraph 4
4. Where, in accordance with national law, traditions and practices, 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 article 3 paragraph 1 and 8 of that Directive, Member States should ensure that the social partners shall identify these and make 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 Member States who then make it available to service providers from other Member States and posted workers.
2012/11/07
Committee: IMCO
Amendment 243 #
Proposal for a directive
Article 5 – paragraph 4 – subparagraph 1 (new)
Member States shall ensure that collective agreements referred to in Article 3 paragraphs 1 and 8 of Directive 96/71 are subject to registration in official registers and publication. Terms and conditions of employment referred to in Article 3 of the Directive 96/71 laid down in those collective agreements have to be applied on undertakings posting workers only from the moment of official registration and publication.
2012/11/07
Committee: IMCO
Amendment 245 #
Proposal for a directive
Article 2 – paragraph 1 – point c a (new)
(ca) "undertaking established in a Member State" means an undertaking which actually pursues an economic activity, as referred to in Article 49 of the Treaty on the Functioning of the European Union, by the provider for an indefinite period and through a stable infrastructure from where the business of providing services is actually carried out;
2013/01/21
Committee: EMPL
Amendment 250 #
Proposal for a directive
Article 6 – paragraph 5 – subparagraph 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 inspection on the spot.
2012/11/07
Committee: IMCO
Amendment 252 #
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 working days.
2012/11/07
Committee: IMCO
Amendment 253 #
Proposal for a directive
Article 6 – paragraph 6
6. Member States shall ensure that registers in which service providers have been entered, and which may be consulted by the competent authorities in their territory, may also be consulted, in accordance with the samcomparable conditions, by the equivalent competent authorities of the other Member States.
2012/11/07
Committee: IMCO
Amendment 255 #
Proposal for a directive
Article 7 – title
Role ofCooperation between the Member State of establishment and the host Member State
2012/11/07
Committee: IMCO
Amendment 260 #
Proposal for a directive
Article 7 – paragraph 4 a (new)
4 a. During the period of posting a worker to another Member State, the inspection of the working conditions to be complied with according to Directive 96/71/EC lies within responsibility of the authorities of the host Member State in cooperation with the Member State of establishment.
2012/11/07
Committee: IMCO
Amendment 261 #
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 performs substantial activities, other than purely internal management and/or administrative activities. Such elements may include:
2013/01/21
Committee: EMPL
Amendment 263 #
Proposal for a directive
Article 9 – paragraph 1 – introductory part
1. Member States may only impose the following administrative requirements and control measures, in the sectors of activities, identified pursuant to paragraph 2a (new) of this Article:
2012/11/07
Committee: IMCO
Amendment 266 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
1 a. Member States shall impose the necessary administrative requirements and control measures mentioned in paragraph 1 in a non-discriminatory, justified and proportionate manner.
2012/11/07
Committee: IMCO
Amendment 270 #
Proposal for a directive
Article 9 – paragraph 1 – point b
(b) an obligation to keep or make available and/or retainwithin a reasonable period of time and/or retain, at the choice of the services provider, copies in paper or electronic form 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, issued according to the national law of the Member State of establishment, during the period of posting in an accessible and clearly identified place in its territory, 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;
2012/11/07
Committee: IMCO
Amendment 274 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point a
(a) the place where the undertaking has its registered office and administration, uses office space, pays taxes, or according to national law has a professional licence or is registered with the chambers of commerce or professional bodies,
2013/01/21
Committee: EMPL
Amendment 275 #
Proposal for a directive
Article 9 – paragraph 1 – point d
(d) an obligationif necessary, to designate a contact person to negotiate, if necessary, on behalf of the employer with the relevant social partners in the Member State to which the posting takes place, in accordance with national legislation and practice, during the period in which the services are provided. The representative or the contact person can be any person chosen by the employer or employers association in the Member State of establishment of which the employer is a member.
2012/11/07
Committee: IMCO
Amendment 281 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point b a (new)
(b a) the place from which workers are posted,
2013/01/21
Committee: EMPL
Amendment 281 #
Proposal for a directive
Article 9 – paragraph 2 a (new)
2 a. The sectors of activities in which the national control measures listed in paragraph 1 can be applied shall be identified by the Member States based on a risk assessment. When making such risk assessment the realisation of major infrastructural projects, the special problems and needs of specific sectors, the past record of infringements, as well as the vulnerability of certain groups of workers shall be taken into account.
2012/11/07
Committee: IMCO
Amendment 284 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 1 (new)
At the end of each inspection, the competent authority shall provide a document which includes at least the name and address of the inspected undertaking, data identifying the competent authority, the days in which the inspection was carried out, the legal ground for the control measure applied, a justification on necessity and proportionality, upon request of the undertaking inspected - information that there are matters covered by trade secrets, a description of fraud identified or information that no fraud was identified, as well as any other relevant information. The inspected undertaking has the right to submit remarks with regard to the findings included in the document. The inspected undertaking receives a copy of the document.
2012/11/07
Committee: IMCO
Amendment 286 #
Proposal for a directive
Article 11 – paragraph 3
3. Member States shall ensure that trade unions and other third parties, such as associations, organisations and other legal entities which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that the provisions of this Directive are complied with, may engage, on behalf or in support of the posted workers or their employer, only with their approval in any judicial or administrative proceedings provided for with the objective of implementing this Directive and/or enforcing the obligations under this Directive.
2012/11/07
Committee: IMCO
Amendment 289 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point d
(d) the place where the undertaking performs its substantial business activity and where it employs administrative staff,
2013/01/21
Committee: EMPL
Amendment 290 #
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point a
(a) any outstanding remuneration which, under the applicable terms and conditions of employment is due and/or contributions due to common funds or institutions of social partners covered by Article 3 of Directive 96/71/EC, would have been due;
2012/11/07
Committee: IMCO
Amendment 291 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point e
(e) the abnormally limited number of contracts performed and/or size of turnover realised in the Member State of establishment.deleted
2013/01/21
Committee: EMPL
Amendment 292 #
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point b
(b) refund of excessive costs, in relation to net remuneration or to the quality of the accommodation, withheld or deducted from wages for accommodation provided by the employer.
2012/11/07
Committee: IMCO
Amendment 293 #
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point b a (new)
(b a) any back payments or refund of taxes or social security contributions unduly withheld from the worker's salary.
2012/11/07
Committee: IMCO
Amendment 295 #
Proposal for a directive
Article 12
[...]deleted
2012/11/07
Committee: IMCO
Amendment 296 #
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
2012/11/07
Committee: IMCO
Amendment 297 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 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.deleted
2012/11/07
Committee: IMCO
Amendment 303 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point a
(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;deleted
2012/11/07
Committee: IMCO
Amendment 306 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point b
(b) any back-payments or refund of taxes or social security contributions unduly with held from his/her salary.deleted
2012/11/07
Committee: IMCO
Amendment 309 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2
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
2012/11/07
Committee: IMCO
Amendment 310 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2
The assessment of these elements shall be adapted to each specific case and take account of the nature of the activities and/or period of time in which these activities were carried out by the undertaking in the Member State in which it is established.
2013/01/21
Committee: EMPL
Amendment 313 #
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
2012/11/07
Committee: IMCO
Amendment 317 #
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
2012/11/07
Committee: IMCO
Amendment 321 #
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
2012/11/07
Committee: IMCO
Amendment 324 #
Proposal for a directive
Article 13 – paragraph 1
1. Without prejudice to the means which are or may be provided for in Union legislation, the principles of mutual assistance and recognition as well as the measures and procedures provided for in this Article shall apply to the cross-border enforcement of administrative fines and penalties regarding posting of workers situations in accordance with this Directive and Directive 96/71, imposed for failure to comply with the applicable rules in a Member State on a service provider established in another Member State.
2012/11/07
Committee: IMCO
Amendment 332 #
Proposal for a directive
Article 18 – paragraph 2
2. For the duration of 3 years after the entry into force of this Directive, Member States may continue to apply bilateral arrangements concerning administrative cooperation between their competent authorities as regards the application and monitoring of the terms and conditions of employment applicable to posted workers referred to in Article 3 of Directive 96/71/EC, in so far as these arrangements do not adversely affect the rights and obligations of the workers and companies concerned.
2012/11/07
Committee: IMCO
Amendment 374 #
Proposal for a directive
Article 3 – paragraph 2 a (new)
2 a. In any case, the possession of a certificate concerning social security such as form A1 is an indication that an undertaking genuinely performs its activities.
2013/01/21
Committee: EMPL
Amendment 375 #
Proposal for a directive
Article 3 – paragraph 2 b (new)
2 b. The elements determining whether an undertaking in the State in which it is established genuinely performs activities and assessing whether a posted worker temporarily carries out his or her work in a Member State other than the one in which he or she normally works, shall be interpreted in a balanced way, in accordance with the rules concerning freedom to provide services included in the Title IV, Chapter III of the Treaty on Functioning of the European Union.
2013/01/21
Committee: EMPL
Amendment 376 #
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 3
All the factual elements enumerated above are indicative factors in the overall assessment to be made and may not therefore be considered in isolation. The criteria shall be adapted to each specific case and take account of the specificities of the situation.deleted
2013/01/21
Committee: EMPL
Amendment 395 #
Proposal for a directive
Article 3 – paragraph 2 a (new)
2a. In any case, the possession of a certificate concerning social security such as form A1 is an indication that an undertaking genuinely performs its activities.
2013/01/21
Committee: EMPL
Amendment 396 #
Proposal for a directive
Article 3 – paragraph 2 b (new)
2b. The elements determining whether an undertaking in the State in which it is established genuinely performs activities and assessing whether a posted worker temporarily carries out his or her work in a Member State other than the one in which he or she normally works, shall be interpreted in a balanced way, in accordance with the rules concerning freedom to provide services included in the Title IV, Chapter III of the Treaty on Functioning of the European Union.
2013/01/21
Committee: EMPL
Amendment 398 #
Proposal for a directive
Article 3 – paragraph 2 c (new)
2c. All the factual elements enumerated in paragraph 1 and 2 are only indicative factors in the overall assessment to be made and may therefore never be considered in isolation. The criteria shall be adapted to each specific case and take account of the specificities of the situation. The non-meeting of one or more of the criteria does not necessary preclude the situation of posting, but should help in the evaluation of genuine posting. The criteria in paragraphs 1 and 2 are intended to assist a competent authority in cases where the competent authority has reason to believe that a worker may not qualify as posted under Directive 96/71/EC. In such cases the competent authority may apply the criteria and factual elements in paragraphs 1 and 2 which it considers are relevant to the circumstances under consideration. There is no requirement that evidence must be supplied in respect of each criteria or that each criteria must be satisfied in every instance of a posting.
2013/01/21
Committee: EMPL
Amendment 451 #
Proposal for a directive
Article 5 – paragraph 4
4. Where, in accordance with national law, traditions and practices, 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 article 3 paragraph 1 and 8 of that Directive, Member States should ensure that the social partners shall identify these and make 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 Member States who then make it available to service providers from other Member States and posted workers.
2013/01/21
Committee: EMPL
Amendment 455 #
Proposal for a directive
Article 5 – paragraph 4 a (new)
4a. Member States shall ensure that collective agreements referred to in Article 3 paragraphs 1 and 8 of Directive 96/71 are subject to registration in official registers and publication. Terms and conditions of employment referred to in Article 3 of the Directive 96/71 laid down in those collective agreements have to be applied on undertakings posting workers only from the moment of official registration and publication.
2013/01/21
Committee: EMPL
Amendment 495 #
Proposal for a directive
Article 7 – title
Role ofCooperation between the Member State of establishment and the host Member State
2013/01/21
Committee: EMPL
Amendment 511 #
Proposal for a directive
Article 7 – paragraph 4 a (new)
4a. During the period of posting a worker to another Member State the inspection of the working conditions to be complied with according to Directive 96/71/EC lies within responsibility of the authorities of the host Member State in cooperation with the Member State of establishment.
2013/01/21
Committee: EMPL
Amendment 562 #
Proposal for a directive
Article 9 – paragraph 1 – point b
(b) an obligation to keep or make available and/or retainwithin a reasonable period of time and/or retain, at the choice of the services provider, copies in paper or electronic form 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, issued according to the national law of the Member State of establishment, during the period of posting in an accessible and clearly identified place in its territory, 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 581 #
Proposal for a directive
Article 9 – paragraph 1 – point d
(d) an obligationif necessary, to designate a contact person to negotiate, if necessary, on behalf of the employer with the relevant social partners in the Member State to which the posting takes place, in accordance with national legislation and practice, during the period in which the services are provided. The representative or the contact person can be any person chosen by the employer or employers association in the Member State of establishment of which the employer is a member.
2013/01/21
Committee: EMPL
Amendment 599 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
1a. Member States shall impose the necessary administrative requirements and control measures mentioned in paragraph 1 in a non-discriminatory, justified and proportionate manner.
2013/01/21
Committee: EMPL
Amendment 643 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 1 a (new)
At the end of each inspection the competent authority shall provide a document which includes at least the name and address of the inspected undertaking, data identifying the competent authority, the days in which the inspection was carried out, the legal ground for the control measure applied, a justification on necessity and proportionality, upon request of the undertaking inspected - information that there are matters covered by trade secrets, a description of fraud identified or information that no fraud was identified, as well as any other relevant information. The inspected undertaking has the right to submit remarks with regard to the findings included in the document. The inspected undertaking receives a copy of the document.
2013/01/21
Committee: EMPL
Amendment 671 #
Proposal for a directive
Article 11 – paragraph 3
3. Member States shall ensure that trade unions and other third parties, such as associations, organisations and other legal entities which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that the provisions of this Directive are complied with, may engage, on behalf or in support of the posted workers or their employer, only with their approval in any judicial or administrative proceedings provided for with the objective of implementing this Directive and/or enforcing the obligations under this Directive.
2013/01/21
Committee: EMPL
Amendment 682 #
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point a
(a) any outstanding remuneration which, under the applicable terms and conditions of employment is due and/or contributions due to common funds or institutions of social partners covered by Article 3 of Directive 96/71/EC, would have been due;
2013/01/21
Committee: EMPL
Amendment 687 #
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point b
(b) refund of excessive costs, in relation to net remuneration or to the quality of the accommodation, withheld or deducted from wages for accommodation provided by the employer.
2013/01/21
Committee: EMPL
Amendment 689 #
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point b a (new)
(ba) any back-payments or refund of taxes or social security contributions unduly withheld from the worker's salary.
2013/01/21
Committee: EMPL
Amendment 698 #
Proposal for a directive
Article 12
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.Article 12 deleted Subcontracting — Joint and several liability
2013/01/21
Committee: EMPL
Amendment 702 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 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.deleted
2013/01/21
Committee: EMPL
Amendment 719 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point a
(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;deleted
2013/01/21
Committee: EMPL
Amendment 729 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point b
(b) any back-payments or refund of taxes or social security contributions unduly with held from his/her salary.deleted
2013/01/21
Committee: EMPL
Amendment 737 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2
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
Amendment 745 #
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
Amendment 756 #
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
Amendment 765 #
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
Amendment 772 #
Proposal for a directive
Article 13 – paragraph 1
1. Without prejudice to the means which are or may be provided for in Union legislation, the principles of mutual assistance and recognition as well as the measures and procedures provided for in this Article shall apply to the cross-border enforcement of administrative fines and penalties regarding posting of workers situations in accordance with this Directive and Directive 96/71, imposed for failure to comply with the applicable rules in a Member State on a service provider established in another Member State.
2013/01/21
Committee: EMPL