Activities of Lidia Joanna GERINGER DE OEDENBERG related to 2012/0061(COD)
Legal basis opinions (0)
Amendments (16)
Amendment 224 #
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2
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.
Amendment 241 #
Proposal for a directive
Article 2 – paragraph 1 – point a
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;
Amendment 261 #
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 include:
Amendment 291 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point e
Article 3 – paragraph 1 – subparagraph 1 – point e
Amendment 310 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2
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.
Amendment 375 #
Proposal for a directive
Article 3 – paragraph 2 b (new)
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.
Amendment 396 #
Proposal for a directive
Article 3 – paragraph 2 b (new)
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.
Amendment 398 #
Proposal for a directive
Article 3 – paragraph 2 c (new)
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.
Amendment 495 #
Proposal for a directive
Article 7 – title
Article 7 – title
Amendment 511 #
Proposal for a directive
Article 7 – paragraph 4 a (new)
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.
Amendment 562 #
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 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;
Amendment 581 #
Proposal for a directive
Article 9 – paragraph 1 – point d
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.
Amendment 599 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
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.
Amendment 643 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 1 a (new)
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.
Amendment 671 #
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, 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.
Amendment 689 #
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point b a (new)
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.