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20 Amendments of Tadeusz ZWIEFKA related to 2016/0070(COD)

Amendment 16 #
Proposal for a directive
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1)4, 56 and 62 thereof,
2017/03/17
Committee: JURI
Amendment 18 #
Proposal for a directive
Recital 1
(1) The free movement of workers, freedom of establishment and freedom to provide services are fundamental principles of the internal market in the Union enshrined in the Treaty on the Functioning of the European Union (TFEU). The implementation of those principles is further developed by the Union aimed at guaranteeing a level playing field for businesses and respect for the rights of workersfighting unfair competition while ensuring the respect for the rights of workers. Neither the difference in wages or salaries nor the access to capital alone can be considered as unfair competition.
2017/03/17
Committee: JURI
Amendment 21 #
Proposal for a directive
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 temporary nature of providing services is to be determined on a case by case basis by the duration, the regularity, the periodicity and the continuity of the service.
2017/03/17
Committee: JURI
Amendment 26 #
Proposal for a directive
Recital 4
(4) Almost twenty years after its adoption, it is necessary to assess whether 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.deleted
2017/03/17
Committee: JURI
Amendment 30 #
Proposal for a directive
Recital 5
(5) The principle of equal treatment and the prohibition of any discrimination based on nationality are enshrined in EU law since the founding Treaties. The principle of equal pay has been implemented through secondary law not only between women and men, but also between employees with fix term contracts and comparable permanent workers, between part-time and full-time workers or between temporary agency workers and comparable workers of the user undertaking. While applying these principles the related case-law of the Court of Justice of the European Union must be respected and taken into consideration.
2017/03/17
Committee: JURI
Amendment 31 #
(5a) It is also necessary to take account of the reasoned opinions issued by the national parliaments of 11 Member States objecting the Commission's proposal based on the ground of the principle of subsidiarity,
2017/03/17
Committee: JURI
Amendment 35 #
Proposal for a directive
Recital 8
(8) In view of the long duration of certain posting assignments, it is necessary to provide that, in case of posting lasting for periods higher than 24 months, the host Member State is deemed to be the country in which the work is carried out. In accordance with the principle of Rome I Regulation, the law of the host Member Sates therefore applies to the employment contract of such posted workers if no other choice of law was made by the parties. In case a different choice was made, it cannot, however, have the result of depriving the employee of the protection afforded to him by provisions that cannot be derogated from by agreement under the law of the host Member State. This should apply from the start of the posting assignment whenever it is envisaged for more than 24 months and from the first day subsequent to the 24 months when it effectively exceeds this duration. This rule does not affect the right of undertakings posting workers to the territory of another Member State to invoke the freedom to provide services in circumstances also where the posting exceeds 24 months. The purpose is merely to create legal certainty in the application of the Rome I Regulation to a specific situation, without amending that Regulation in any way. The employee will in particular enjoy the protection and benefits pursuant to the Rome I Regulation.deleted
2017/03/17
Committee: JURI
Amendment 43 #
Proposal for a directive
Recital 9
(9) It is settled case law that restrictions to the freedom to provide services are only admissible if justified by overriding reasons in theof public interest and must be proportionate and necessary. The overriding reasons relating to the public interest which have been acknowledged by the Court include the protection of workers and in particular the social protection of workers in the construction industry.
2017/03/17
Committee: JURI
Amendment 46 #
Proposal for a directive
Recital 10
(10) Because of the highly mobile nature of work in international road transport, the implementation of the posting of workers directive raises particular legal questions and difficulties (especially where the link with the concerned Member State is insufficient). It would be most suitTherefore transport services such as transit, international transport and linked cabotage are excluded forom these challenges to scope of this Directive and should be addressed through sector-specific legislation together with other EU initiatives aimed at improving the functioning of the internal road transport market.
2017/03/17
Committee: JURI
Amendment 47 #
Proposal for a directive
Recital 11
(11) In a competitive internal market, service providers compete not only on the basis of a labour costs but also on factors such as productivity and efficiency, orand wages are always based on a series of parameters, including experience, profile, level of responsibilities, labour market conditions or on the quality and innovation of their goods and services.
2017/03/17
Committee: JURI
Amendment 49 #
Proposal for a directive
Recital 12
(12) It is within Member States' competence to set rules on remunerationminimum rates of pay, bonuses and allowances in accordance with their law and practicenational law. However, national rules on remuneration applied to posted workers must be proportionate and justified by the need to protect posted workers and must not disproportionately restrict the cross-border provision of services. Hence the 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 point (c) of Article 3(1).
2017/03/17
Committee: JURI
Amendment 55 #
Proposal for a directive
Recital 13
(13) The elements of remunerationinformation on minimum rates of pay and applicable bonuses and allowances under national law or universally applicable collective agreements should be clear, up to date and transparent to all service providers. It is therefore justified to impose on Member States the obligation to publish the constituent elements of remuneration on the single website provided for by Article 5 of this information on the single website provided for by Article 5 of the Enforcement Directive. In order to provide more transparency and clarity universally applicable collective agreements should be also accompanied by clear information on applicable minimum rates of pay, bonuses and allowances and their method of calculation. Social partners are also obliged to make public all collective agreements, which are applicable according to this Directive. Similarly, foreign subcontractors should be Einforcement Directivemed in writing about terms and conditions of employment that they should apply towards posted workers.
2017/03/17
Committee: JURI
Amendment 62 #
Proposal for a directive
Recital 14
(14) Laws, reguVia their national legislations, administrative provisions or collective agreements applicable in Member States may ensure that subcontracting does not confer on undertakings the possibilMember States have the freedom to establish on their territory appropriate measures applicable to local and foreign service providers in order to ensure compliance wityh to avoid rules guaranteeing certain terms and conditions of employment covering remuneration. Where such rules on remunerationhe applicable rules concerning posting in case of subcontracting chains. Where such rules on pays, bonuses and allowances exist at national level, the Member State may apply them in a non- discriminatory manner to undertakings posting workers to its territory provided that they do not disproportionately restrict the cross-border provision of services.
2017/03/17
Committee: JURI
Amendment 66 #
Proposal for a directive
Article 1 – point 1 Directive 96/71/EC
(-1) In Article 1, paragraph 2 is amended as follows: 2. This Directive shall not apply to merchant navy undertakings as regards seagoing personnel as well as transport services such as transit, international transport and linked cabotage.
2017/03/17
Committee: JURI
Amendment 70 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2 a
(1) The following Article 2a is added: ‘Article 2a Posting exceeding twenty-four months 1. effective duration of posting exceeds twenty-four months, the Member State to whose territory a worker is posted shall be deemed to be the country in which his or her work is habitually carried out. 2. case of replacement of posted workers performing the same task at the same place, the cumulative duration of the posting periods of the workers concerned shall be taken into account, with regard to workers that are posted for an effective duration of at least six months.’deleted When the anticipated or the For the purpose of paragraph 1, in
2017/03/17
Committee: JURI
Amendment 89 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 - paragraph 1 - subparagraph 1 - 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;
2017/03/17
Committee: JURI
Amendment 96 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2
For the purpose of this Directive, remuneration means all the elements of remuneration rendered mandatory by national law, regulation or administrative provision, collective agreements or arbitration awards which have been declared universally applicable and/or, in the absence of a system for declaring collective agreements or arbitration awards to be of universal application, other collective agreements or arbitration awards within the meaning of paragraph 8 second subparagraph, in the Member State to whose territory the worker is posted.deleted
2017/03/17
Committee: JURI
Amendment 97 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2
For the purpose of this Directive, remuneration meThe minimum rates of pay as well as bonuses ansd all the elements of remuneration owances aren dered mandatoryfined by national law, regulation or administrative provision, collective agreements or arbitration awards which have been declared universally applicable and/or, in the absence of a system for declaring collective agreements or arbitration awards to be of universal application, other collective agreements or arbitration awards within the meaning of paragraph 8 second subparagraph, in the Member State to whose territory the worker is posted. 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 should 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
2017/03/17
Committee: JURI
Amendment 104 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 - paragraph 1 - subparagraph 3
Member States shall publishspecify in a transparent way minimum rates of pay as well as allowances and bonuses as listed in point (c) of the first subparagraph 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 the constituent elements of remune. 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. In case of subcontraction in ng the national contracctordance with point (c)s should be obliged to inform their subcontractors in writing about applicable terms and condition of employment including minimum rates of pay, applicable bonuses and allowances.
2017/03/17
Committee: JURI
Amendment 112 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Directive 96/71/EC
Article 3 – paragraph 1 a
(b) The following paragraph is added: ‘1a. If undertakings established in the territory of a Member State are obliged by law, regulation, administrative provision or collective agreement, to sub-contract in the context of their contractual obligations only to undertakings that guarantee certain terms and conditions of employment covering remuneration, , the Member State may, on a non– discriminatory and proportionate basis, provide that such undertakings shall be under the same obligation regarding subcontracts with undertakings referred to in Article 1 (1) posting workers to its territory.’deleted
2017/03/17
Committee: JURI