[ParlTrack]

Proposal for a directive
Recital 9 a (new)

(9 a) The relationship between this Directive and Directive 96/71/EC on the one hand and Directive 2008/104/EC on the other hand should be clarified so as to guarantee that temporary agency workers who are also posted workers benefit from the most advantageous terms and conditions of employment.

2012/11/07
Committee: IMCO

Sirpa PIETIKÄINEN

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – introductory part

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~~shall include:

2012/11/07
Committee: IMCO

Sirpa PIETIKÄINEN

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point e a (new)

(e a) The list of criteria is non-exhaustive. The Member States have the right to stipulate other binding elements that are not mentioned in the list.

2012/11/07
Committee: IMCO

Sirpa PIETIKÄINEN

Proposal for a directive
Article 5 – paragraph 2 – point e

(e) indicate~~, if possible, a contact person at the liaison office in charge of dealing with requests for information;~~ a representative as defined in Article 9(d)

2012/11/07
Committee: IMCO

Sirpa PIETIKÄINEN

Proposal for a directive
Article 9 – paragraph 1 – introductory part

1. Member States ~~may only~~shall impose the following administrative requirements and control measures:

2012/11/07
Committee: IMCO

Sirpa PIETIKÄINEN

Proposal for a directive
Article 9 – paragraph 1 – point d

(d) an obligation to designate a ~~contact person to negotiat~~legal representative which has to reside in the host Member State during the period of posting. The tasks of the legal representative shall cover judicial and administrative proceedings as well as negotiation, in accordance with national legislation and practice, 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.

2012/11/07
Committee: IMCO

Sirpa PIETIKÄINEN

Proposal for a directive
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 and Directive 96/71/EC are complied with, may engage, on behalf or in support of the posted workers or their employer, ~~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.

2012/11/07
Committee: IMCO

Sirpa PIETIKÄINEN

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – introductory part

~~With respect to the construction activities refer~~Each Member State shall take the necessary measureds to in the Annex to Directive 96/71/EC, for all posting situations covered by Article 1(3) of Directive 96/71/EC, the Member States shall ensure on a non–discriminatory basis with regard to the protection of the equivalent rights of employees of direct subcontractors established in its territory, that the contractor of which the employer (service provider or temporary employment undertaking or placement agency) is a direct subcontractor can, in addition to or in place of the employer, be held liable by the posted worker and/or common funds or institutions of social partners for non- payment of the following:ensure that an undertaking which appoints another undertaking to provide services is liable, in addition to and/or in place of the employer, for the obligations of that undertaking or subcontractor or hirer of labour appointed by that undertaking. This shall not in any way preclude the application of already existing more stringent rules on national level nor the introduction of such rules.

2012/11/07
Committee: IMCO

Sirpa PIETIKÄINEN

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point a

(a) any outstanding net remuneration corresponding to the minimum rates of pay and/or contributions due to common funds or institutions of social partners in so far as covered by Article 3 (1) of Directive 96/71/EC;deleted

2012/11/07
Committee: IMCO

Sirpa PIETIKÄINEN

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point b

~~(b) any back-payments or refund of taxes or social security contributions unduly with held from his/her salary.~~deleted

2012/11/07
Committee: IMCO

Sirpa PIETIKÄINEN

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2

~~The liability referred to in the present paragraph shall be limited to worker's rights acquired under the contractual relationship between the contractor and his subcontractor.~~deleted

2012/11/07
Committee: IMCO

Sirpa PIETIKÄINEN

Proposal for a directive
Article 12 – paragraph 2

2. Member States shall provide that a contractor who has undertaken due diligence shall not be liable in accordance with paragraph 1. Such systems shall be applied in a transparent, non discriminatory and proportionate way. They may imply preventive measures taken by the contractor concerning proof provided by the subcontractor of the main working conditions applied to the posted workers as referred to in Article 3 (1) of Directive 96/71/EC, including pay slips and payment of wages, the respect of social security and/or taxation obligations in the Member State of establishment and compliance with the applicable rules on posting of workers.deleted

2012/11/07
Committee: IMCO

Sirpa PIETIKÄINEN

Proposal for a directive
Article 12 – paragraph 3

3. Member States may, in conformity with Union law, provide for more stringent liability rules under national law on a non-discriminatory and proportionate basis in regard to the scope and range of subcontractor liability. Member States may also, in conformity with Union law, provide for such liability in sectors other than those contained in the Annex to Directive 96/71/EC. Member States may in these cases provide that a contractor that has undertaken due diligence as defined by national law shall not be liable.deleted

2012/11/07
Committee: IMCO

Sirpa PIETIKÄINEN

Proposal for a directive
Article 12 – paragraph 4

4. Within three years after the date referred to in Article 20, the Commission shall, in consultation with the Member States and social partners at EU level, review the application of this Article with a view to proposing, where appropriate, any necessary amendments or modifications.deleted

2012/11/07
Committee: IMCO

Liisa JAAKONSAARI, Sirpa PIETIKÄINEN, Nils TORVALDS

Proposal for a directive
Article 9 – paragraph 1 a (new)

1a. Measures aiming at combating grey economy, such as an obligation to designate an individual tax number for the employee.

2013/01/21
Committee: EMPL

15 Amendments of Sirpa PIETIKÄINEN related to 2012/0061(COD)

ParlTrack - 2011-2024