Activities of Elisabeth MORIN-CHARTIER related to 2016/0070(COD)
Plenary speeches (2)
Posting of workers in the framework of the provision of services (debate) FR
Posting of workers in the framework of the provision of services (debate) FR
Reports (1)
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Amendments (13)
Amendment 71 #
Proposal for a directive
Recital 4
Recital 4
(4) Almost twenty years after its adoption, it is necessary to assess whetherand in the light of the proven cases of fraud and social dumping, it is clear that the Posting of Workers Directive still strikesdoes not strike exactly the right balance between the need to promote the freedom to provide services and the need to protect the rights of posted workers properly. Against this backdrop of skewed and unfair competition for firms, there is an urgent need to clarify the rules, make sure that they are applied uniformly and bring about genuine social convergence.
Amendment 130 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) In order to rule out any risk of the law being circumvented through the use of a series of short postings during which the same task is carried out, the aggregate duration of postings should be taken into account.
Amendment 177 #
Proposal for a directive
Recital 11
Recital 11
(11) In a competitive internal market, service providers compete not only on the basis of a labour costs, giving rise to social dumping which undermines the competitiveness of firms, and in particular SMEs, but also on factors such as productivity and efficiency, or the quality and innovation of their goods and services.
Amendment 211 #
Proposal for a directive
Recital 13
Recital 13
(13) The elements of remuneration under national law or universally applicable collective agreements should be clear and transparent to all service providers and posted workers. It is therefore justified to impose on Member States the obligation to publish the constituent elements of remuneration as defined by national law and applicable collective agreements on the single website provided for by Article 5 of the Enforcement Directive as the transparency and the access to information is a key element for service providers. The provision of information on the single website should be in line with national law and practice and respect the autonomy of the social partners.
Amendment 228 #
Proposal for a directive
Recital 14
Recital 14
Amendment 325 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/CE
Article 2a – paragraph 2
Article 2a – paragraph 2
2. For the purpose of paragraph 1, in 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.
Amendment 383 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/CE
Article 3 – paragraph 1 – indent 2 – point g a (new)
Article 3 – paragraph 1 – indent 2 – point g a (new)
(ga) conditions of workers’ accommodation.
Amendment 395 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2
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 arbitthe concept of remuneration shall be determined by the national law and/or praction awards within the meaning of paragraph 8 second subparagraph, ince of the Member State to whose territory the worker is posted.
Amendment 419 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2 a (new)
Article 3 – paragraph 1 – subparagraph 2 a (new)
In the context of remuneration, elements which are mandatory under both the national law of the host Member State and the national law applying to the individual employment contract, and which are essentially similar, shall only be paid once to avoid double payment whereby the worker shall always receive the amount which is more favourable.
Amendment 432 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 3
Article 3 – paragraph 1 – subparagraph 3
Member States shall publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of remuneration as defined by national law and applicable collective agreements in accordance with point (c).
Amendment 449 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 96/71/EC
Article 3 – paragraph 1 a
Article 3 – paragraph 1 a
Amendment 474 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c a (new)
Article 1 – paragraph 1 – point 2 – point c a (new)
(ca) Paragraph 7, second subparagraph, is replaced by the following: Allowances specific to the posting shall be considered to be part of the minimum wage, unless they are. However, allowances paid in reimbursement of expenditure actually incurred on account of the posting, such as expenditure on travel, board and lodging, cannot, under any circumstances, be deducted from the minimum wage.
Amendment 498 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point e
Article 1 – paragraph 1 – point 2 – point e
Directive 96/71/EC
Article 3 – paragraph 10
Article 3 – paragraph 10
(e) The second subparagraph of paragraph 10 is deleted.Paragraph 10 is replaced by the following: 10. This Directive shall not preclude the application by Member States, in compliance with the Treaty, and in line with national law and practice, of terms and conditions of employment to national undertakings and to the undertakings of other States, on a basis of equalityperating ofn treatment, of: – employmentheir territory on matters other than those referred to in the first subparagraph of paragraph 1, in the case of public policy provisions, – employment laid down in the collective agreements or arbitration awards within the meaning of paragraph 8 and concerning activities other than those referred to in the Annex. including non-discriminatory measures to ensure the protection of workers, fair competition and the proper functioning of the labour market. terms and conditions of terms and conditions of