Activities of Csaba SÓGOR related to 2016/0070(COD)
Plenary speeches (1)
Posting of workers in the framework of the provision of services (A8-0319/2017 - Elisabeth Morin-Chartier, Agnes Jongerius)
Amendments (15)
Amendment 39 #
Proposal for a directive
Citation 3 a (new)
Citation 3 a (new)
Amendment 53 #
Proposal for a directive
Recital 1
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 atin order to fight illegal competition and guaranteeing a level playing field for businesses and respect for the rights of workers.
Amendment 109 #
Proposal for a directive
Recital 8
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 deprivThe temporary nature of the work carried out in the host Member State is an indispensable feature of genuine posting. In view of the long duration of certain posting assignments it is therefore necessary to ascertain this feature. Article 4, paragraph 3 of the Enforcement Directive 2014/67/EU provides a clear and non-exhaustive list of elements to be examined ing 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 affectassessment of 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. The case law of the ECJ also provides clarification on the temporary nature of the posting activity, which has to be determined in the rlight 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 merelynot only of the duration of the provision of the service but also of its regularity, periodical nature or continuity. Therefore, in order to cpreate legal certainty in the application of the Rome I Regulation to a specific situationvent the abuse and circumvention of existing rules, without amending that Regulation in any way. T is essential closely monitor the temployee will in particular enjoy the protection and benefits pursuant to the Rome I Regulationorary character of posting assignments.
Amendment 156 #
Proposal for a directive
Recital 10
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 suited for these challenges to be addressed through sector-specific legislation together with other EU initiatives aimed at improv and should not be applied ing the functioning of the internal road transport marketis sector.
Amendment 168 #
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 but also on factors such as productivity and efficiency, orcosts, the quality and innovation of their goods and services, as well as their productivity and efficiency.
Amendment 196 #
Proposal for a directive
Recital 12
Recital 12
(12) It is within Member States' competence to set rules on remunerationminimum rates of pay as well as on mandatory bonuses and allowances in accordance with their law and practice. However, national rules on remuneration applied to posted workers must be justified by the need to protect posted workers, must be proportionate and must not disproportionately restrict the cross-border provision of services.
Amendment 209 #
Proposal for a directive
Recital 13
Recital 13
(13) The elements of remunerationinformation on minimum rates of pay and mandatory bonuses and allowances 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 remuneris information on the single website provided for by Article 5 of the Enforcement Directive.
Amendment 233 #
Proposal for a directive
Recital 14
Recital 14
(14) Laws, regulations, administrative provisions or universally applicable collective agreements applicable in Member States may ensure that subcontracting does not confer on undertakings the possibility to avoid rules guaranteeing certain terms and conditions of employment covering remuneration. Where such rules on remuneration 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.
Amendment 259 #
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 96/71/EC
Article 1 – paragraph 2
Article 1 – paragraph 2
(–1) In Article 1, paragraph 2 is replaced by the following: "2. This Directive shall not apply to merchant navy undertakings as regards seagoing personnel and to transport services such as transit, international transport and linked cabotage."
Amendment 278 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2 a
Article 2 a
Amendment 371 #
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 – indent 2 – point c
Article 3 – paragraph 1 – indent 2 – point c
(c) remuneration, including overtime ratthe minimum rates of pay, including overtime rates and mandatory bonuses and allowances; this point does not apply to supplementary occupational retirement pension schemes;
Amendment 411 #
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
Amendment 434 #
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 remunerationinformation on the minimum rates of pay and on mandatory bonuses and allowances in accordance with point (c).
Amendment 447 #
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 462 #
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 1a – subparagraph 1 a (new)
Article 3 – paragraph 1a – subparagraph 1 a (new)
In case of subcontracting, contractors shall be obliged to inform their subcontractors in writing in clear and unambiguous manner on conditions of employment, including minimum rates of pay and mandatory bonuses and allowances in force in the member states where work is carried out.