BETA

20 Amendments of José Albino SILVA PENEDA related to 2008/2085(INI)

José Albino SILVA PENEDA

Motion for a resolution
Paragraph 1

1. Underlines that the freedom to provide services is a cornerstone of the European project~~; however, this has to~~ and that it should be balanced against fundamental rights and the possibility for ~~governments and trade union~~public authorities and social partners to ensure non- discrimination and equal treatment;

2008/06/10
Committee: EMPL

José Albino SILVA PENEDA

Motion for a resolution
Paragraph 3

3. Emphasises that the freedom to provide services is not superior to the fundamental right for ~~trade unions to take industrial action~~social partners to promote social dialogue; especially, since this is a constitutional right in several Member States;

2008/06/10
Committee: EMPL

José Albino SILVA PENEDA

Motion for a resolution
Paragraph 4

4. Welcomes the Lisbon treaty and the fact that the Charter of Fundamental Rights of the European Union is made legally binding; this includes ~~the right of trade un~~, in accordance with Union law and national laws and practices, the right for workers and employers, or their respective organisations, to negotiate and conclude collective agreements at the appropriate levels and, in cases of conflicts of interest, to take collective action to defend their interests including strike action;

2008/06/10
Committee: EMPL

José Albino SILVA PENEDA

Motion for a resolution
Paragraph 5

5. Stresses that ~~Article 3(7) of the PWD clearly states that trade unions should be able to demand~~the PWD allows public authorities and social partners to look for terms and conditions of employment which are more favourable to workers;

2008/06/10
Committee: EMPL

José Albino SILVA PENEDA

Motion for a resolution
Paragraph 6

6. Points out that recital 22 in the PWD states that ~~provisions laid down in the PWD should have n~~the mentioned Directive is without prejudice to the law of the Member States concerning collective action to def~~fect on the right to take industrial act~~end the interests of trades and professions;

2008/06/10
Committee: EMPL

José Albino SILVA PENEDA

Motion for a resolution
Paragraph 8

8. Underlines th~~e importance of not allowing the verdicts to negatively effec~~at a clear and stable legal framework regarding the posting of workers within the EU is preferable to a case-by-case legislation which brings uncertainty to industrial relations and can constraint the potential of the internal market; adds that labour market models ~~that~~which already today are able to combine a high degree of flexibility on the labour market with a high level of security ~~and, instead, of further promoting this approach~~should be further promoted;

2008/06/10
Committee: EMPL

José Albino SILVA PENEDA

Motion for a resolution
Paragraph 9

9. Underlines that the intention of the legislator in the PWD and Service Directive is not reflected in the ECJ verdicts, which, instead of protecting workers, is inviting unfair competition between companies; companies that sign and follow collective agreements will have a competitive disadvantage to companies that refuse to do so;deleted

2008/06/10
Committee: EMPL

José Albino SILVA PENEDA

Motion for a resolution
Paragraph 10

10. Regrets that all conditions imposed on foreign employers above minimum levels are seen as obstacles to free movement, if employees do not already receive more favourable conditions in the country of origin;deleted

2008/06/10
Committee: EMPL

José Albino SILVA PENEDA

Motion for a resolution
Paragraph 11

11. Questions the introduction of a proportionality principle in the Viking case for the right to use collective action against undertakings which, when using the right of establishment or the right to provide services across borders, deliberately undercut terms and conditions of employment; such a proportionality principle is not compatible with the character of this right as a fundamental right; there should be no question about the right of trade unions to use industrial action to uphold equal treatment and secure decent working conditions;deleted

2008/06/10
Committee: EMPL

José Albino SILVA PENEDA

Motion for a resolution
Paragraph 12

12. Emphasises that the PWD as interpreted by the ECJ would prevent demands for equal pay for work for all workers regardless of their nationality or that of their employer in the place where the service is provided; this runs counter to the principle of non-discrimination which is established in the Treaty especially with regard to the mobility of workers;deleted

2008/06/10
Committee: EMPL

José Albino SILVA PENEDA

Motion for a resolution
Paragraph 13

13. Regrets the fact that even though the PWD was formulated as a minimum standard directive, the ECJ determines that those minimum standards must be regarded as the maximum in the context of the Laval judgement; this approach causes great concerns as to whether any directives decided on the basis of a minimum approach are regarded as valid; if all directives in the social dimension were to be reformulated as maximum directives, as in the case of the PWD, the consequences would be enormous;deleted

2008/06/10
Committee: EMPL

José Albino SILVA PENEDA

Motion for a resolution
Paragraph 14

14. Regrets that the social considerations referred to in Articles 26 and 27 in Directive 2004/18, do not include terms and conditions of employment which go beyond the mandatory rules for minimum protection;deleted

2008/06/10
Committee: EMPL

José Albino SILVA PENEDA

Motion for a resolution
Paragraph 15

15. Is of the opinion that the limited legal basis of free movement of the PWD has led the ECJ to interpret the PWD in this way, creating an explicit invitation to unfair competition on wages and working conditions driving them downwards, which is in clear contradiction to the stated aim of the PWD (to ensure a climate of fair competition) and the objective of the EU as established in the Treaty (improvement of living and working conditions); therefore, the legal basis of the PWD must be broadened to include a reference to the free movement of workers;deleted

2008/06/10
Committee: EMPL

José Albino SILVA PENEDA

Motion for a resolution
Paragraph 16

16. Emphasises that the current situation could lead to a situation where workers in host countries will be pressured by low wage competition; this, in turn, could lead to xenophobia and counterproductive anger against the EU;deleted

2008/06/10
Committee: EMPL

José Albino SILVA PENEDA

Motion for a resolution
Paragraph 17

17. Regrets that the ECJ fails to consider ILO convention 94, and fears that the ECJ judgement in Rüffert may impede the ratification of ILO 94; this would be counter to the further development of social clauses in public procurement regulations, which is an aim of the Public procurement directive 2004;deleted

2008/06/10
Committee: EMPL

José Albino SILVA PENEDA

Motion for a resolution
Paragraph 18

18. Regrets that the ECJ fails to recognise ILO conventions 87 and 98; restrictions on the right to industrial action and fundamental rights can only be motivated with respect to health, public order and similar concerns;deleted

2008/06/10
Committee: EMPL

José Albino SILVA PENEDA

Motion for a resolution
Paragraph 20

20. ~~Underlin~~Stresses that the ECJ has interpreted EU legislation in a way that was not the intention of the legislators; calls on the Commission, the Council and the EP to take immediate action to ensure the necessary changes in EU legislation to change the new practise of the ECJuropean Parliament should not judge the interpretation of European Law by the European Court of Justice;

2008/06/10
Committee: EMPL

José Albino SILVA PENEDA

Motion for a resolution
Paragraph 21

21. Therefore calls on the Commission to take immediate action to make necessary changes in European legislation in order to counter the possible detrimental social, economical and political effects of the ECJ judgements;deleted

2008/06/10
Committee: EMPL

José Albino SILVA PENEDA

Motion for a resolution
Paragraph 23

23. Therefore calls on the Commission to review the PWD and consider the following issues: - a new legal basis for the PWD to better protect workers; workers posted within the framework of services should be regarded as using the right of freedom of movement of workers and not the free movement of services; - a possibility in the Directive for Member States to refer in law or collective agreements to the 'habitual wages' applicable in the place of work in the host country as defined in the ILO 94 and not only ‘minimum’ rates of pay; - a limit to the period of time during which workers can be considered as being 'posted' to a Member State other than the Member State of their ordinary place of work in the framework of services; after that period the rules on free movement of workers should apply, i.e. host country rules with regard to wages and working conditions have full application; - an even clearer expression that the Directive and other EU legislation do not prohibit Member States and trade unions from demanding more favourable conditions for the worker; and - the recognition of a wider range of methods of organizing labour markets than those currently covered by Article 3(8);deleted

2008/06/10
Committee: EMPL

José Albino SILVA PENEDA

Motion for a resolution
Paragraph 26

26. Calls on the Council to adopt immediately the Temporary Agency Directive in which it is clarified that the same rules should immediately apply to temporary agency workers as if they were employed directly by the enterprise;deleted

2008/06/10
Committee: EMPL