Activities of Milan CABRNOCH related to 2012/0061(COD)
Plenary speeches (1)
Posting of workers in the framework of the provision of services (debate)
Shadow reports (1)
REPORT 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 PDF (697 KB) DOC (1 MB)
Amendments (22)
Amendment 96 #
Proposal for a directive
Recital 8
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 be linked to their obligation to pay minimum wage and to provide information about it.
Amendment 121 #
Proposal for a directive
Recital 12
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 exclusively use the Internal Market Information System (IMI) as much ain all instances in which it is possible to do so. However, this should not prevenaffect the application of bilateral agreements or arrangements concerning administrative cooperation in areas in which the IMI system is not applicable.
Amendment 125 #
Proposal for a directive
Recital 14
Recital 14
(14) Member States obligations to makeDifficulties in accessing information on terms and conditions of employment very often prompt service providers not to apply the existing rules, Member States should ensure that such information is generally available and to provide effective access to it, not only to service providers from other Member States, but also to the posted workers concerned,. This obligation should be further concretised, particularly with regard to generally binding collective agreements.
Amendment 136 #
Proposal for a directive
Recital 15
Recital 15
(15) Member States should determine the way in which providers and recipients are provided with easily accessible relevant information, preferably by making this information accessible through a website, following web accessibility standards. Such websites should include in particularA single source of information should be established in every Member State with a view to ensuring that the information is legally accurate and accessible. The Member States should establish single national websites containing, in particular, information on the terms and conditions of employment applicable to posted workers on their territory as well as links to any website put in place pursuant to EU legislation with a view to promote entrepreneurship and/or the development of the cross-border provision of services.
Amendment 163 #
Proposal for a directive
Recital 23
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, if they give their express agreement, 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.
Amendment 165 #
Proposal for a directive
Recital 24
Recital 24
Amendment 178 #
Proposal for a directive
Recital 25
Recital 25
Amendment 190 #
Proposal for a directive
Recital 26
Recital 26
Amendment 266 #
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 administrative activities. Such elements may only include:
Amendment 326 #
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – introductory part
Article 3 – paragraph 2 – subparagraph 2 – introductory part
Such elements may only include:
Amendment 385 #
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 3 a (new)
Article 3 – paragraph 2 – subparagraph 3 a (new)
All the factual elements set out in paragraphs 1 and 2 are elements of the overall assessment to be made and may not, therefore, be considered in isolation. The assessment of these elements shall be adapted to each specific case and take account of the specificities of the situation. The absence of one or more of the elements shall not necessarily preclude a posting, but it may help in determining whether a posting is genuine.
Amendment 436 #
Proposal for a directive
Article 5 – paragraph 2 – point c
Article 5 – paragraph 2 – point c
(c) make the information available to workers and service providers in languages other than the national language(s) of the country in which the services are provided, if possible in summarised leaflet form indicating the main labour conditions applicable and upon requests in formats accessible to persons with disabilities;
Amendment 439 #
Proposal for a directive
Article 5 – paragraph 2 – point d
Article 5 – paragraph 2 – point d
(d) improve the relevance, accessibility of the information and clarity of the information provided on national websites;
Amendment 473 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. In the event of difficulty in meeting a request for information or in carrying out checks, inspections or investigations, the Member State in question shall rapidly inform the requesting Member State with a view to finding a solution. In the event of any persistent problems in the exchange of information, the Commission will work to help the Member State resolve the problem.
Amendment 479 #
Proposal for a directive
Article 6 – paragraph 5 – subparagraph 1
Article 6 – paragraph 5 – subparagraph 1
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 on-the-spot inspection.
Amendment 487 #
Proposal for a directive
Article 6 – paragraph 7
Article 6 – paragraph 7
7. Member States shall ensure the confidentiality of the information which they exchange. Information exchanged shall be used only in respect of the matter(s) for which it was requested and strictly in accordance with personal data protection law.
Amendment 560 #
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) an obligation to keep or make available and/or retain 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 ArticleArticles 2(2) and 4 of thate Directive), payslips, time-sheets and proof of payment of wages or copies of equivalent documents 91/533/EC 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 other documents such as payslips, time-sheets and proof of payment of wages should be delivered within a reasonable period referred to in Article 6 (5) at the request of the authorities of the host Member State either by the employer or by competent bodies in the Member State of establishment;
Amendment 575 #
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) a translation of the documents referred to under (b), may be justified provided these documents are not excessively long and standardised forms are generally used for such documents; translation will not be at the expense of employers;
Amendment 582 #
Proposal for a directive
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
(d) an obligation to designate a contact person to negotiate, if necessary, on behalf ofthe possibility to designate, if necessary, a contact person to represent the employer within the relevant social partners in thehost Member State to which the posting takes place, in accordance with national legislation and practice, during thewithin period in which the services are provided.
Amendment 663 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 667 #
Proposal for a directive
Article 11 – paragraph 3
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, with their approvalexpress consent in any judicial or administrative proceedings provided for with the objective of implementing this Directive and/or enforcing the obligations under this Directive.
Amendment 694 #
Proposal for a directive
Article 12
Article 12