Activities of Alejandro CERCAS

Draft opinion
Citation 1 b (new)

1b. having regard to the 4 draft policy notes on "Evaluation of the Social and Employment Aspects and Challenges" in Greece, Portugal, Ireland and Cyprus prepared for the DG Internal policies of the Union Directorate A "Economic and Scientific Policies Economic Governance Support Unit" in January 2014,

2014/01/17
Committee: EMPL

2013/2277(INI)

Draft opinion
Paragraph 3 a (new)

3a. Regrets that the conditionality imposed in return for the financial assistance has threatened and collapsed the EU's social objectives for several reasons: - Even though the programmes are of specific duration, a number of measures stipulated under these programmes are permanent in nature; - The measures are particularly burdensome and disproportionate; - There is no reasonable relationship, nor measurable economic effect between the extent, the intensity and the duration of the restrictions; - The programmes didn´t pay attention to cross border spill overs and they deteriorate conditions in the wider eurozone; - The measures were not accompanied by necessary measures and guarantees for the protection of vulnerable groups, forcing common people to bear a disproportionately large share of the burden of the austerity measures;

2014/01/17
Committee: EMPL

2013/2277(INI)

Draft opinion
Paragraph 3 b (new)

3b. Regrets that the programmes have only focused on labour market reforms and austerity measures, aiming to regain competitiveness through minimum wage cuts, decentralisation of collective bargaining, social benefit cuts, lighter employment regulations and limited action in surplus countries, not taking into account the importance of innovation and investment and without properly foreseen the dire effects that these measures will have on the employment rate;

2014/01/17
Committee: EMPL

2013/2277(INI)

Draft opinion
Paragraph 3 c (new)

3c. Notes that the absence of European Institutions as well as of European financial mechanisms has forced to improvise them, leading to financial and institutional agreements outside the community method as well as to problems of coherence and conflict of interests, but condemns the fact that the Commission has acted as a mere lender and has forgotten its main role as Guardian of the Treaties. In the same way, the European Central Bank has clearly taken decisions falling outside of its mandate;

2014/01/17
Committee: EMPL

2013/2277(INI)

Draft opinion
Paragraph 4 a (new)

4a. Notes that the expectations of a return to growth and job creation through internal devaluation in order to regain competitiveness haven't been fulfilled, highlights that this unfulfillment is caused by the underestimation of the structural character of the crisis as well as of the importance of the maintenance of domestic demand, investment and the support with credit to the real economy; stresses that the procyclical character of the austerity measures and the fact that they haven't been accompanied by a parallel concern on growth and job creation has led to a notorious contraction of growth and employment;

2014/01/17
Committee: EMPL

2013/2277(INI)

Draft opinion
Paragraph 4 b (new)

4b. Notes that the labour market reforms have aroused a strong negative public response caused by the lack of social dialogue as well as of technical and political legitimacy in the different parts of the reform, and the total absence of a coherent European holistic vision, which would have incorporated medium and long-term concerns to the programmes;

2014/01/17
Committee: EMPL

2013/2277(INI)

Draft opinion
Paragraph 4 c (new)

4c. Notes that the massive destruction of SMEs is one of the main causes of job losses and the biggest threat to future recovery, because the possible improvement of exportations will not compensate the loss of assets as well as of future employment. Notes that the adjustment policies did not take into account strategic sectors which should have been protected in order to preserve future growth and social cohesion. This has led to a significant job losses in strategic sectors such as, industry or R+D+I, with dramatic consequences to basic public sectors such as health, education and social services;

2014/01/17
Committee: EMPL

2013/2277(INI)

Draft opinion
Paragraph 6 a (new)

6a. Notes the severe rise in the long-term unemployment rate of women and senior workers and the additional difficulties these workers will face to get back to the labour market when the economy will eventually recover. Warns that these workers are not receiving the attention they deserve.

2014/01/17
Committee: EMPL

2013/2277(INI)

Draft opinion
Paragraph 7 a (new)

7a. Is deeply concerned about the fact that, together with the job loss, there is an outstanding lack of job quality through precarisation and the deterioration of basic labour standards, notes that there is an increase of part time and temporary contracts, payless internships and apprenticeships, bogus self-employment as well as the activities of the black economy, notes furthermore that there is also a worrying degradation of working conditions with measures such as the increase of the working time or the reduction of health and safety conditions in the work place;

2014/01/17
Committee: EMPL

2013/2277(INI)

Draft opinion
Paragraph 8 a (new)

8a. Regrets that the important role of wages in creating or stabilising domestic demand has been neglected; is deeply concerned about the impact of the programmes on the minimum wages in the 4 countries, where Ireland was force to a decrease of nearly 12%, even though it was later changed, and where a radical cut of the minimum wage of 22% was decreed in Greece.

2014/01/17
Committee: EMPL

2013/2277(INI)

Draft opinion
Paragraph 8 b (new)

8b. Notes that the economic adjustment programmes have imposed on the 4 countries pay cuts or freezes in the public sector and the non-renewal of the public employment offer which have been justified by the need for modernisation and efficiency improvement of public administrations but have in fact resulted in unacceptably high levels of unemployment; reminds that strong public administrations set a good framework for growth, competitiveness and social protection;

2014/01/17
Committee: EMPL

2013/2277(INI)

Draft opinion
Title 2

- Poverty and social exclusion

2014/01/17
Committee: EMPL

2013/2277(INI)

Draft opinion
Paragraph 9 a (new)

9a. Notes that the measures are causing serious problems to low income households, putting them under the poverty threshold, increasing inequality levels and undermining social cohesion, especially with the recommendations to place minimum pensions and salaries under the poverty levels, reminds that these measures have been condemned by the Council of Europe as a violation of the European Social Charter, and have also been subject to strong criticism by the ILO for the violation of Convention 102. Furthermore, reminds that the ILO pointed out its serious concerns about the cumulative effects of austerity measures on workers income levels, living standards and wage protection;

2014/01/17
Committee: EMPL

2013/2277(INI)

Draft opinion
Paragraph 9 b (new)

9b. Highlights that new forms of poverty touching the middle and working class are arising in the 4 countries where the problems to pay mortgages and the high energy prices are creating energy poverty and increasing evictions and foreclosures;

2014/01/17
Committee: EMPL

2013/2277(INI)

Draft opinion
Paragraph 9 c (new)

9c. Is deeply concerned by evidence that levels of homelessness and housing exclusion are increasing in the programme countries; recalls that this represents a violation of fundamental rights and has enormous negative consequences for society and for the individuals affected, stresses that organisations working with homeless people estimate an increase in the 4 programme countries, in particular in Greece where the homeless population has risen by 25% between 2009 and 2011 to reach 20,000, stresses furthermore that, in the 4 countries, there is a big increase of people going to eat at soup kitchens, as well as of children eating at school because their families can´t guarantee them breakfast or lunch;

2014/01/17
Committee: EMPL

2013/2277(INI)

Draft opinion
Paragraph 9 d (new)

9d. Notes that international and social organizations have warned about a gender gap impact of the new pay-scale, grading and dismissals system in the public sector, notes that the ILO has expressed concern over the disproportionate impact of new flexible forms of employment on women's pay, furthermore notes that the ILO asked the governments to monitor the impact of austerity on remuneration of men and women in the private sector, stresses that, according to the Council of Europe, Ireland was not on conformity with the revised Charter for the too low level of maternity benefits;

2014/01/17
Committee: EMPL

2013/2277(INI)

Draft opinion
Paragraph 11

11. Deplores the fact that the level of people at risk of poverty or social exclusion has increased in the four countries; points out that during the last three years alone, figures show that the proportion of people at risk of poverty or social exclusion has risen to 26% in ~~Portugal~~Greece and to 15% in Ireland; notes, moreover, that these statistics hide a much harsher reality, which is that when GDP per capita falls, the poverty threshold also falls, meaning that we now consider to be out of poverty people who until recently were considered in poverty;

2014/01/17
Committee: EMPL

2013/2277(INI)

Draft opinion
Paragraph 13 a (new)

13a. Is deeply concerned about the cuts on health and pharmaceutical benefits of the public systems, which in some countries have radically changed the universal nature of the system to the benefit of other more insurable or commercial methods, stresses furthermore that many studies and research show that in discriminatory co-payments, sometimes even on basic services such as health urgencies or access to medicine for people with chronic diseases, is preventing de facto many citizens from receiving basic social and health care needs; notes that the measures have also deeply affected those working in the caring professions. Therefore, there has been a deprivation of basic human rights through economic barriers.

2014/01/17
Committee: EMPL

2013/2277(INI)

Draft opinion
Paragraph 15 a (new)

15a. Highlights that the increasing social poverty in the 4 countries is producing also an increase in solidarity among the most vulnerable groups thanks to private efforts, family networks and aid organisations; stresses that this type of intervention should not become the structural solution to the problem, even if it's alleviating the situation of the most deprived and showing the qualities of the European citizenship;

2014/01/17
Committee: EMPL

2013/2277(INI)

Draft opinion
Paragraph 17 a (new)

17a. Regrets that the quality of the education systems is not following this positive path because the 4 programme countries are under the EU average as regards the quality of their systems; recalls the urgent need to recover quality vocational training systems with a high level of social legitimacy, since this is one of the best ways to improve young peoples' employability.

2014/01/17
Committee: EMPL

2013/2277(INI)

Draft opinion
Paragraph 18 a (new)

18a. Denounces that the Troika has completely ignored article 153 (5) of TFUE which rules out any EU intervention on issues such as pay, the right of association, the right to strike and the right to impose lock-outs and article 152 of the TFUE which states "the Union recognises and promotes the role of Social Partners at its level, taking into account the diversity of national systems. It shall facilitate dialogue between social partners, respecting their autonomy", stresses that, on the contrary, the Troika has pushed for essential changes in the national wage-setting systems aiming at a radical decentralisation of collective bargaining and a sharp restriction of the criteria for the extension of collective agreements.

2014/01/17
Committee: EMPL

2013/2277(INI)

Draft opinion
Paragraph 18 b (new)

18b. Is deeply concerned about the weakening of social dialogue which has implied a massive loss of workers covered by collective agreements, in some countries this loss represents more than 70% on the available figures before the Troika recommendations.

2014/01/17
Committee: EMPL

2013/2277(INI)

Draft opinion
Paragraph 18 c (new)

18c. Summarizes that the EU 2020 Strategy goals on employment and fight against poverty and social exclusion are further than ever from being achieved not only due to the economic situation, but also because of the harsh cuts imposed by the Troika programmes; highlights that the IMF has recently considered that the austerity policies might have gone too far (since they have obviously depressed economic growth and sharpened the increase of unemployment) and that the Chair of the UN Committee on Economic, Social and Cultural rights argues that austerity is a disincentive to economic growth and as such hampers the realisation of economic and social rights;

2014/01/17
Committee: EMPL

2013/2277(INI)

Draft opinion
Paragraph 24 a (new)

24a. Recommends to the Commission and to the Member States to consider public health and education spending not as a spending exposed to cuts, but as a public investment in the future of the country which should be respected and increased so as to improve the economic and social recovery;

2014/01/17
Committee: EMPL

2013/2277(INI)

Draft opinion
Paragraph 24 b (new)

24b. Recommends that once the hardest moment of the financial crisis has passed, the EU Institutions, together with the Member States put in place the job recovery plan that should have been implemented years ago, since this is the only way to consolidate the macroeconomic adjustment and to equilibrate the unbalances of the public sector such as the debt and the deficit. For this to happen, an Employment Strategy must be put in place which takes into account the need to quickly repair the credit system, notably for SMEs, a real employment policy with active labour market policies, quality and European public employment services, an upward wage policy, a European youth employment guarantee and a programme for jobless households and finally a more careful fiscal management;

2014/01/17
Committee: EMPL

2013/2277(INI)

Draft opinion
Paragraph 24 c (new)

24c. Recommends that future labour reforms not only point to the flexibilisation of the Labour Market, but also to its securisation through the boost of companies competitiveness taking into account other elements such as energy costs, unfair competition, social dumping, a fair and efficient financial system, fiscal policies in favour of growth and employment, and in general, everything which helps real economy and entrepreneurship to develop.

2014/01/17
Committee: EMPL

2013/2277(INI)

Draft opinion
Paragraph 24 d (new)

24d. Calls for urgent measures to prevent the increase of homelessness in programme countries and on the European Commission to support this through policy analysis and promotion of good practices.

2014/01/17
Committee: EMPL

2013/2277(INI)

Draft opinion
Paragraph 24 e (new)

24e. Invites the Commission and Member States to consult with civil society, patient organisations and professional bodies for future measures related to health in adjustment programmes and to make use of the Social Protection Committee, so as to ensure that the reforms increase the efficiency of the systems and the resources without endangering the most vulnerable groups and the most important social protection, including the acquisition and the use of medicines, the most basic needs and the consideration of the health staff;

2014/01/17
Committee: EMPL

2013/2176(INI)

Motion for a resolution
Paragraph 26

26. Notes that one response to the top ten consultation conclusion is that the Working Time Directive is complex and ~~inflexible and~~ in many cases requires SMEs to obtain costly specialised legal assistance; calls on the Commission to produce its detailed impact assessment as a matter of urgency, with this assessment not only taking into consideration the simplification of administrative tasks, but also health and safety at work and the balance between work and family life, as requested by Parliament in its resolution of 15 May 2012 on employment aspects of minimising regulatory burden for SMEs and adapting EU regulation to the needs of microenterprises; stresses that this simplification should not be counter to ILO standards or its Decent Work Agenda, and also reminds the Commission that the review of the reference period for weekly working time and opting out, as foreseen by Directives 93/104/EC and 2003/88/EC on the organisation of working time, has been pending since 23 November 2003;

2013/11/05
Committee: EMPL

2013/2176(INI)

Motion for a resolution
Paragraph 27

27. Notes that the Temporary Agency Workers Directive has also been identified as hampering businesses’ ability to work across borders by creating administrative burdens and disproportionate requirements;deleted

2013/11/05
Committee: EMPL

2013/2158(INI)

Motion for a resolution
Recital P

P. whereas poverty levels have been increasing at alarming rates since 2007, such that 24.2 % of the EU population is currently at risk of poverty or social exclusion; whereas social protection expenditure has decreased in nearly all the Member States, and whereas the Social Protection Committee (SPC) is warning that increasing numbers of people are at risk of income poverty, child poverty, unmet medical needs, severe material deprivation and social exclusion because of the impact of fiscal consolidation measures;

2014/01/29
Committee: EMPL

2013/2158(INI)

Motion for a resolution
Paragraph 3

3. Considers it regrettable that the employment and social indicators proposed by the Commission are insufficient to cover the Member States’ employment and social situations comprehensively; calls for the scoreboard to include additional indicators, in particular child poverty levels, a decent work index, access to healthcare and a European living wage index, in order to allow proper assessment of the social situation in the EU;

2014/01/29
Committee: EMPL

2013/2158(INI)

Motion for a resolution
Recommendation 1 – paragraph 3 a (new)

Invites the Commission to report on the social impact assessment undertaken for the Country Specific Recommendations

2014/01/29
Committee: EMPL

2013/2075(INI)

Draft opinion
Paragraph 1

1. Recalls the implementation, in 2012, of the State Aid Package; notes with satisfaction certain measures creating exemption from notification obligations; calls on the Commission to take stock of the implementation of the Package, in view of the fact that the crisis continues to ravage the economy;

2013/07/23
Committee: EMPL

2013/2075(INI)

Draft opinion
Paragraph 2 a (new)

2a. Points out that that competition policy should be implemented in accordance with Article 9 of the Treaty on the Functioning of the European Union, which states that in defining and implementing its policies and activities, the Union shall take into account requirements linked to the promotion of a high level of employment; this horizontal clause is extremely influential for the purposes of interpreting EU law and making decisions as regards sectors that have been hit by the crisis and have suffered widespread job losses;

2013/07/23
Committee: EMPL

2013/2075(INI)

Draft opinion
Paragraph 4

4. Takes the view that the social and solidarity economy must benefit from special rules on state aid in view of the specific nature of its operation and objectives; stresses that competition policy should not be used as a pretext for undermining services of general economic interest in the Member States;

2013/07/23
Committee: EMPL

2013/2075(INI)

Draft opinion
Paragraph 4 a (new)

4a. Takes the view that subsidiarity has an important role to play in the social- housing sector and that European competition policy should not hinder the drafting of national rules to aimed at promoting social integration;

2013/07/23
Committee: EMPL

2013/2045(INI)

Motion for a resolution
Recital D a (new)

Da. whereas the crisis has led to a great increase in precarious forms of work, done especially by young people recruited under temporary contracts, and in unpaid placements amounting in reality to genuinely full-time jobs;

2013/05/28
Committee: EMPL

2013/2045(INI)

Motion for a resolution
Paragraph 1

1. Stresses that the ~~policy~~ measures implemented by the EU and Member States need to be ~~diversified and should tackle all potentia~~mutually complementary so as to counteract all obstacles in young people’s pathway towhen they are seeking decent and sustainable employment, paying particular attention to vulnerable groups that are more likely to suffer from multiple disadvantages; maintains that tackling youth unemployment has to be a cross- cutting policy in the EU and Member States;

2013/05/28
Committee: EMPL

2013/2045(INI)

Motion for a resolution
Paragraph 1 a (new)

1a. Points out that the young unemployed make up a wide variety of groups and therefore have to be classified according to their needs and abilities if the measures taken are to be implemented to more useful effect; considers it necessary to identify the key competences that will enable these young people to enter the labour market more rapidly and on a more permanent and sustainable basis; believes that attention should be focused in particular on young people who have no qualifications and are not in education, employment, or training;

2013/05/28
Committee: EMPL

2013/2045(INI)

Motion for a resolution
Paragraph 2

2. Stresses that the involvement of all relevant stakeholders at European, national, regional, and local level, including training and education providers, individual employers, public and private employment services, social ~~partner~~stakeholders, including youth organisations, third- sector organisations, and health and other authorities, is essential for the successful implementation of ~~a variety of~~the measures to foster~~ing~~ youth employment and employability in an integrated fashion; emphasises that measures to promote high-quality sustainable youth employment must be flexible ~~so as~~in order to meet the continuously evolving needs on the labour market;

2013/05/28
Committee: EMPL

2013/2045(INI)

Motion for a resolution
Paragraph 2 a (new)

2a. Points out that collective bargaining plays a key role in fostering and improving the working conditions of young workers;

2013/05/28
Committee: EMPL

2013/2045(INI)

Motion for a resolution
Paragraph 3

3. Recognises the particularly difficult situation in certain regions where the level of unemployment among young people is above 250%; ~~welcomes the fact that EU support for~~recognises that the Youth Employment Initiative, with a budget of EUR 6 billion over the seven-year period 2014-2020, is an important first step – though not sufficient in itself – towards a European strategy to combat youth unemployment ~~will be further boosted through the proposed EU Youth Employment Initiative, with a budget of EUR 6 billion over the seven- year period 2014-2020~~; maintains that funding needs to be increased to at least the EUR 21 000 million recommended by the ILO and that flexibility must be provided, allowing greater budget resources to be mobilised for the efforts to be brought to bear during the first years of the multi- annual financial framework; stresses that the Youth Employment Initiative must be not be affected by, or obstruct, other initiatives to promote high-quality youth employment;

2013/05/28
Committee: EMPL

2013/2045(INI)

Motion for a resolution
Paragraph 4

4. Welcomes the decision of the EPSCO Council on 28 February 2013 to agree on a Council recommendation on implementing a Youth Guarantee~~; recommends extending eligibility to graduates aged under 30~~, but regrets that the Guarantee has not been couched in terms applying with binding force on a Europe- wide basis; draws attention to the view which it has already expressed, namely that the Guarantee should be such as to ensure that young people aged up to 30 would receive good job offers or be able to continue their education or vocational training for four months from the time when they became unemployed or stopped studying; stresses that the success of this measure will be highly dependent on other factors, ~~e.g.~~such as the infrastructure and capacity of public ~~and strengthened private employment~~employment services, which should be combinable with private services, the availability of student places, the provision of good training and apprenticeships, and the transferability and implementation of successful experiences from other Member States; stresses that the Youth Guarantee must be integrated within the broader framework of active labour market policies while ensuring high quality standards;

2013/05/28
Committee: EMPL

2013/2045(INI)

Motion for a resolution
Paragraph 4 a (new)

4a. Welcomes the Commission’s suggestion to bring multilateral supervision to bear, through an ‘Employment Committee’, on the implementation of Youth Guarantee schemes, and asks to be involved in that committee;

2013/05/28
Committee: EMPL

2013/2045(INI)

Motion for a resolution
Paragraph 5

5. Encourages the EU and the Member States to boost their support for enterprises, cooperatives and third-sector organisations wishing to participate in Youth Guarantee schemes in close cooperation with public and private employment services, including through tax incentives, subsidies for fixed employment costs, and the possibility of accessing funding for on-site training, which will support enterprises in providing high-quality employment and training offers, and will represent an investment in young people’s potential in an effective and targeted way;

2013/05/28
Committee: EMPL

2013/2045(INI)

Motion for a resolution
Paragraph 10

10. Calls for an ambitious holistic policy approach – at European and national level alike – which looks at education, training, employment and self-employment initiatives, for all young people at all the various levels, in an integrated way;

2013/05/28
Committee: EMPL

2013/2045(INI)

Motion for a resolution
Paragraph 13

13. Encourages the EU and the Member States to ~~foster the mobility of young workers by means of further progress towards~~improve the mutual recognition of qualifications and skills and enhanced the coordination of national social security systems, especially as regards pension systems, as well as by continuing to invest substantially in language learning;

2013/05/28
Committee: EMPL

2013/2045(INI)

Frédéric DAERDEN, Alejandro CERCAS

Motion for a resolution
Paragraph 14

14. SDeplores the fact that EURES is not proving to be an effective tool for job searches and encouraging voluntary mobility among young people; stresses the need to introduce reforms to EURES with the aim of proactively matching jobseekers and job-changers to existing vacancies, and where necessary, to reform public employment services so as to better target their activities and approaches on young people; stresses that raising of awareness of EURES is needed so as to increase its visibility and availability, as a career advice system that supports students in becoming more aware of their aspirations and capabilities, as well as of existing job opportunitiespoints out that EURES should become a genuine interconnection platform for all of the Member States’ public employment services, with the most up-to-date information possible and common criteria on which to assess job offers and select candidates; points out that EURES should have a system making job interviews easier to conduct;

2013/05/28
Committee: EMPL

2013/2006(INI)

Draft opinion
Paragraph 3 a (new)

3a. Stresses that, in terms of reindustrialisation, there is a major role to be played by socially responsible management of restructuring in anticipating and managing change in sectors, as stressed in the European Parliament Resolution of 15 January 2013;

2013/07/15
Committee: EMPL

2012/2306(INI)

Olle LUDVIGSSON, Alejandro CERCAS, Françoise CASTEX

Draft opinion
Paragraph 1

1. Calls on the Commission to better integrate competition policy with respect to the employment and social targets of the EU 2020 Strategy, notably by allowing better support for SMEs, which are the main job creators and by taking into consideration the specificities of social services of general interest; stresses that competition policy should not be an excuse to undermine the services of general economic interest of the Member States;

2013/02/28
Committee: EMPL

2012/2306(INI)

Olle LUDVIGSSON, Alejandro CERCAS, Françoise CASTEX

Draft opinion
Paragraph 2 b (new)

2 b. Recalls that the social housing sector plays an essential role for social inclusion and in creating jobs ; therefore regrets that in the State aid package on SGEI of December 2011 exemptions to state aid rules in the field of social housing are only permitted for disadvantaged citizens and socially less advantaged groups; calls on the Commission to enable Member States to address difficulties with their social housing sector arising as a result of this definition and of the current economic and social crisis ;

2013/02/28
Committee: EMPL

2012/2306(INI)

Olle LUDVIGSSON, Alejandro CERCAS

Draft opinion
Paragraph 3

3. Calls on ~~Member States~~the Commission to encourage the ~~privatis~~anticipation of ~~unproductive companies~~change and the management of restructuring in a social and responsible way, in order to prevent dismissals due to the loss of competitiveness ofin th~~ose compani~~e Member States;

2013/02/28
Committee: EMPL

2012/2306(INI)

Olle LUDVIGSSON, Alejandro CERCAS, Françoise CASTEX

Draft opinion
Paragraph 5

5. Calls on the Commission to continue monitoring the implementation of State aid rules as the spillover effects of the crisis are still present. and underlines the necessity to preserve Services of General Interest in the Member States;

2013/02/28
Committee: EMPL

2012/2295(INI)

Antigoni PAPADOPOULOU, Alejandro CERCAS

Draft opinion
Paragraph 1 b (new)

1b. Points out that anticipation of change, upgrading of knowledge and skills and better matching of skills and jobs in a socially responsible way are key to the success of the bioeconomy strategy in delivering growth and new employment opportunities in Europe; therefore recalls the European Parliament's resolution (2012/2061(INI)) of 15 January 2013 in which it requests the Commission to submit as soon as possible, on the basis of Article 225 of the Treaty on the Functioning of the European Union and after consulting social partners, a proposal for a legal act on information and consultation of workers, anticipation and management of restructuring;

2013/03/27
Committee: EMPL

2012/2293(INI)

Françoise CASTEX, Alejandro CERCAS

Motion for a resolution
Citation 1

– having regard to the Treaty on European Union, in particular Article 3(3) thereof, and the Treaty on the Functioning of the European Union, in particular Articles 9, 14, 148, 151, 153 and 160 thereof,

2013/02/28
Committee: EMPL

2012/2293(INI)

Motion for a resolution
Citation 2 a (new)

- having regard to Protocol 26 of the Treaty on the Functioning of the European Union on services of general interest,

2013/02/28
Committee: EMPL

2012/2293(INI)

Alejandro CERCAS, Françoise CASTEX

Motion for a resolution
Citation 37 a (new)

- having regard to its resolution of 15 November 2011 on reform of the EU state aid rules on Services of General Economic Interest1, __________________ 1 Texts adopted, P7_TA(2011)0494.

2013/02/28
Committee: EMPL

2012/2293(INI)

Alejandro CERCAS, Emer COSTELLO, Jutta STEINRUCK, Evelyn REGNER

Motion for a resolution
Recital A

A. whereas access to housing is a fundamental right that affects access to other fundamental rights and to a life in conditions of human dignity; and whereas guaranteeing access to decent housing is an international obligation incumbent on the Member States, to which the Union must have regard, given that the right of access to housing and to housing assistance is recognised in Article 34 of the Charter of Fundamental Rights of the European Union, Articles 30 and 31 of the revised European Social Charter adopted by the Council of Europe and Article 25 of the Universal Declaration of Human rights, as well as in many Member State constitutions;

2013/02/28
Committee: EMPL

2012/2293(INI)

Motion for a resolution
Recital B a (new)

Ba. whereas costs for housing, rent and energy represent the highest share of private budgets and their increase is therefore a major driver for social exclusion and the increasing gap between rich and poor;

2013/02/28
Committee: EMPL

2012/2293(INI)

Alejandro CERCAS, Emer COSTELLO, Jutta STEINRUCK, Evelyn REGNER

Motion for a resolution
Recital B a (new)

Ba. whereas the economic crisis has significantly increased the number of those out of work and facing social exclusion, thereby increasing the burden on the welfare services;

2013/02/28
Committee: EMPL

2012/2293(INI)

Motion for a resolution
Recital B b (new)

Bb. whereas affordable accommodation is a suitable tool for achieving social justice and cohesion, and affordable rental housing is a precondition for enhanced labour mobility and increased employment opportunities;

2013/02/28
Committee: EMPL

2012/2293(INI)

Motion for a resolution
Recital B b (new)

Bb. whereas, notwithstanding its significant stabilising effect, public funding for social housing has fallen victim to the recent financial austerity measures currently aggravating the economic crisis;

2013/02/28
Committee: EMPL

2012/2293(INI)

Motion for a resolution
Recital B c (new)

Bc. whereas the local, regional and national authorities play a major part in organising housing policies in line with the needs of occupants;

2013/02/28
Committee: EMPL

2012/2293(INI)

Motion for a resolution
Recital B d (new)

Bd. whereas, in order to prevent any increase in the number of homeless and any future housing crises, mortgage rules must be designed to protect consumers and spread the risks fairly;

2013/02/28
Committee: EMPL

2012/2293(INI)

Motion for a resolution
Recital C

C. whereas social housing plays a key part in the implementation of the Europe 2020 strategy in that it helps to ensure high levels of employment, inclusion and social cohesion, to promote job mobility and to combat climate change by modernising the housing stock;

2013/02/28
Committee: EMPL

2012/2293(INI)

Motion for a resolution
Recital C a (new)

Ca. whereas the economic and social crisis is having a direct adverse impact on activity in and financial support for the house building and refurbishment sector, with social housing being hit particularly hard, owing to the bursting of housing bubbles, the contraction of credit, late payments and a fall in new public-sector orders; whereas the construction sector can be a driving force in efforts to find a sustainable, inclusive way out of the crisis and to address climate- and energy- related challenges;

2013/02/28
Committee: EMPL

2012/2293(INI)

Motion for a resolution
Subheading 1

Promoting the ~~role of social housing as a~~ social and ~~macro-~~economic ~~shock absorber~~role of social housing

2013/02/28
Committee: EMPL

2012/2293(INI)

Motion for a resolution
Paragraph 1

1. ~~Not~~Urges that~~, as a result of the current economic and social crisis, the need for affordable homes is increasingly unmet by the private housing market alone,~~ measures be taken in response to the increasingly unmet need for affordable homes and tho combat rising house prices and energy prices which are aggravating the risks of poverty and social exclusion; it is ~~concerned about the impact of austerity measures such as cuts in housing benefit~~of major importance to end the cuts in housing benefit which are resulting from financial austerity policies;

2013/02/28
Committee: EMPL

2012/2293(INI)

Motion for a resolution
Paragraph 1 a (new)

1a. Urges Member States to reconsider the harsh financial austerity measures which are resulting in drastic cuts in public assistance for the provision of decent housing, reducing the number of homes available for social housing and eroding or even eliminating housing access programmes; points out that these indiscriminate austerity measures are causing particular hardship for certain sectors of society such as young people, abused women, or the elderly and are increasing the risk of social exclusion affecting minority groups;

2013/02/28
Committee: EMPL

2012/2293(INI)

Motion for a resolution
Paragraph 1 b (new)

1b. Points out that social housing should be accessible to wide cross-sections of the population in order to avoid social exclusion and segregation; recalls that social housing is a central pillar of social cohesion and must not be limited to the least favoured alone;

2013/02/28
Committee: EMPL

2012/2293(INI)

Motion for a resolution
Paragraph 2

2. ~~Points out that, under~~Urges compliance with Article 14 and Protocol No 26 to the Treaty on the Functioning of the European Union, under which public authorities are free to determine how the social housing sector is organised and funded and what its target group is, with a view to meeting local needs; sees the intervention of public authorities here as a response to the shortcomings of the market, with the aim of ensuring universal access to decent, affordable housing;

2013/02/28
Committee: EMPL

2012/2293(INI)

Motion for a resolution
Paragraph 2 a (new)

2a. Calls on the Commission to dovetail competition policy with social and employment policy under the EU 2020 Strategy, bearing in mind the specific provisions applicable to Economic Services of General Interest; points out that competition policy should under no circumstances serve to undermine Economic Services of General Interest;

2013/02/28
Committee: EMPL

2012/2293(INI)

Alejandro CERCAS, Evelyn REGNER, Emer COSTELLO

Motion for a resolution
Paragraph 2 b (new)

2b. Towards a European Social Housing Policy (New Heading)

2013/02/28
Committee: EMPL

2012/2293(INI)

Motion for a resolution
Paragraph 3

3. Reminds the Member States and the Commission that spending on social housing enables urgent social need ~~to be met and, as~~s not only to be met, but also to be prevented from emerging, and that they have an important economic and non-profit making role as a strategic social investment, which helps in a sustainable way to provide non- relocatable local jobs, to stabilise the economy by preventing property bubbles, to counter climate change and to combat energy poverty; calls on Member States and the Commission to bring social housing investment within the scheme of the European Semester by including in it an evaluation of targets for combating and preventing property bubbles and households' over- indebtedness, to promote labour mobility, to counter climate change and to combat energy poverty;

2013/02/28
Committee: EMPL

2012/2293(INI)

Alejandro CERCAS, Evelyn REGNER, Emer COSTELLO

Motion for a resolution
Paragraph 3 a (new)

3a. Calls, therefore, on Member States and the Commission to establish a European framework for action on social housing, which could take the form of an action plan or of a framework for coordinating social policy, to aim towards coherence between and convergence of different EU policies on the subject (state aid, structural funds, energy, the fight against poverty and social exclusion, health); furthermore, calls on Member States to strengthen or develop specific mechanisms for the financing of social housing construction;

2013/02/28
Committee: EMPL

2012/2293(INI)

Alejandro CERCAS, Evelyn REGNER, Emer COSTELLO

Motion for a resolution
Paragraph 3 b (new)

3b. Asks the Commission to include social indicators such as investments in social housing within the framework of the European Semester and that these indicators should be evaluated on equal footing with macro-economic imbalances;

2013/02/28
Committee: EMPL

2012/2293(INI)

Motion for a resolution
Paragraph 4 a (new)

4a. Calls on the Commission to modify the criteria contained in the December 2011 Package of State Aids for Economic Services of General Interest restricting social housing assistance concessions to the most vulnerable social categories; Calls on the Commission and Member States to take measures to overcome the difficulties caused by these restrictions;

2013/02/28
Committee: EMPL

2012/2293(INI)

Motion for a resolution
Paragraph 4 b (new)

4b. Calls on the Commission and Member States to take action in response to the social hardship caused to those most affected by the economic crisis and unemployment who are being evicted and deprived of their homes; notes that this is occurring against a backdrop of major public assistance initiatives designed to put the financial system back on a sound footing;

2013/02/28
Committee: EMPL

2012/2293(INI)

Motion for a resolution
Paragraph 4 d (new)

4d. Calls on the Council to convene a meeting of the housing ministers of the Member States at least once a year to discuss the impact of various EU policies on housing policy and ensure that the economic, social and environmental aspects of the housing sector are mainstreamed more efficiently at EU level, with the involvement of stakeholders such as social housing bodies, associations representing occupants and associations seeking to facilitate access to housing;

2013/02/28
Committee: EMPL

2012/2293(INI)

Motion for a resolution
Paragraph 5

5. Proposes the establishment of the European Housing Observatory to develop knowledge about the housing situation in the various countries, especially social housing, on the basis of reliable statistical indicators and including the most relevant social factors;

2013/02/28
Committee: EMPL

2012/2293(INI)

Motion for a resolution
Paragraph 5 a (new)

5a. Urges the Commission to review regularly the impact of its decisions on social housing in certain Member States, taking account of the accessibility of low- rent housing, State aids for social housing, the market impact on the private housing sector and the consequences for social cohesion as a whole;

2013/02/28
Committee: EMPL

2012/2293(INI)

Motion for a resolution
Paragraph 5 b (new)

5b. Calls for EU mortgage provisions to incorporate best practices which are as favourable as possible to consumers; urges the inclusion of procedures for the renegotiation and rescheduling of debt repayments for insolvent individuals and families;

2013/02/28
Committee: EMPL

2012/2293(INI)

Motion for a resolution
Paragraph 7 a (new)

7a. Stresses the need to take action in the countries most affected by the economic crisis and unemployment to introduce a programme of assistance for the growing number of persons faced with eviction and foreclosure, offering alternative solutions such as low-rent accommodation for example;

2013/02/28
Committee: EMPL

2012/2293(INI)

Motion for a resolution
Paragraph 8

8. Advocates making priority investment in heat efficiency and in the use of renewables in social housing, as well as integrated projects for sustainable urban development, access to housing for marginalised communities, so as to promote social inclusion and measures to combat poverty, the transition from institutional to community-based services and the promotion of social enterprises, eligible for Structural Fund support in the 2014-2020 budgetary period;

2013/02/28
Committee: EMPL

2012/2293(INI)

Alejandro CERCAS, Emer COSTELLO, Vilija BLINKEVIČIŪTĖ, Minodora CLIVETI, Jutta STEINRUCK, Evelyn REGNER

Motion for a resolution
Paragraph 9

9. Encourages Member States and all stakeholders to give social housing and investment a prominent place in national reform programmes and in the shaping of strategic priorities under partnership agreements for the period 2014-2020;

2013/02/28
Committee: EMPL

2012/2293(INI)

Motion for a resolution
Paragraph 16 – introductory part

16. ~~Recomme~~Demands that Member States draw up integrated policies for guaranteeing universal access to decent affordable housing, with aims including:

2013/02/28
Committee: EMPL

2012/2293(INI)

Alejandro CERCAS, Emer COSTELLO, Vilija BLINKEVIČIŪTĖ, Minodora CLIVETI, Evelyn REGNER

Motion for a resolution
Paragraph 16 – indent 1

– specific support for good-quality and healthy social housing and "very social" housing,

2013/02/28
Committee: EMPL

2012/2293(INI)

Alejandro CERCAS, Emer COSTELLO, Vilija BLINKEVIČIŪTĖ, Minodora CLIVETI, Jutta STEINRUCK, Evelyn REGNER

Motion for a resolution
Paragraph 16 – indent 1 a (new)

- prevent segregation of specific populations group and encourage diversity,

2013/02/28
Committee: EMPL

2012/2293(INI)

Alejandro CERCAS, Minodora CLIVETI, Emer COSTELLO, Vilija BLINKEVIČIŪTĖ, Jutta STEINRUCK, Evelyn REGNER

Motion for a resolution
Paragraph 16 – indent 2

– linkage between social housing expansion programmes and policies for access to other essential public services as part of an integrated social policy,

2013/02/28
Committee: EMPL

2012/2293(INI)

Alejandro CERCAS, Emer COSTELLO, Vilija BLINKEVIČIŪTĖ, Minodora CLIVETI, Jutta STEINRUCK

Motion for a resolution
Paragraph 16 – indent 2 a (new)

- a minimum quota of social housing in areas with dense population, high levels of youth unemployment and high migration rates, in order to increase social cohesion,

2013/02/28
Committee: EMPL

2012/2293(INI)

Alejandro CERCAS, Emer COSTELLO, Vilija BLINKEVIČIŪTĖ, Minodora CLIVETI, Jutta STEINRUCK

Motion for a resolution
Paragraph 16 – indent 3

– steps to address the difficulties commonly encountered by highly vulnerable sections of the population, such as migrants ~~and young people~~, single parents, young and elderly people and victims of domestic violence, the Roma, the disabled, in seeking access to decent housing,

2013/02/28
Committee: EMPL

2012/2293(INI)

Alejandro CERCAS, Emer COSTELLO, Vilija BLINKEVIČIŪTĖ, Minodora CLIVETI, Jutta STEINRUCK

Motion for a resolution
Paragraph 16 – indent 3 a (new)

- generating specific programmes and proving assistance for victims of property frauds and developing measures to prevent frauds,

2013/02/28
Committee: EMPL

2012/2293(INI)

Alejandro CERCAS, Emer COSTELLO, Vilija BLINKEVIČIŪTĖ, Minodora CLIVETI, Jutta STEINRUCK, Evelyn REGNER

Motion for a resolution
Paragraph 16 – indent 4

– implementation of effective policies, including social rental law, in close cooperation with organisations of tenants, to stop tenants from being evicted, on the basis that covering rent payments and arrears of rent is a less costly option for the relevant authorities,

2013/02/28
Committee: EMPL

2012/2293(INI)

Alejandro CERCAS, Evelyn REGNER, Vilija BLINKEVIČIŪTĖ, Emer COSTELLO, Minodora CLIVETI

Motion for a resolution
Paragraph 16 – indent 4 a (new)

- avoid discriminatory fiscal measures or subsidies that increase risky debt levels among lower incomes as well as to support affordable housing options like the supply of rental and cooperative housing,

2013/02/28
Committee: EMPL

2012/2293(INI)

Alejandro CERCAS, Emer COSTELLO, Vilija BLINKEVIČIŪTĖ, Minodora CLIVETI

Motion for a resolution
Paragraph 16 – indent 5 a (new)

- carrying out the analysis and collecting data in all EU Member States on accessibility to social housing for the most vulnerable groups of people,

2013/02/28
Committee: EMPL

2012/2293(INI)

Karima DELLI, Alejandro CERCAS

Motion for a resolution
Paragraph 16 a (new)

16a. Calls on the Commission to implement without delay the European Parliament resolution on an EU Homelessness Strategy;

2013/02/28
Committee: EMPL

2012/2293(INI)

Motion for a resolution
Paragraph 17 a (new)

17a. Calls on the Member States and the Commission to support and promote innovatory exchanges of good practices in upholding the right to housing for particularly vulnerable and marginalised groups;

2013/02/28
Committee: EMPL

2012/2293(INI)

Motion for a resolution
Paragraph 19 a (new)

19a. Calls on the Commission and Member States to make sure that the deepening of the internal energy market goes hand in hand with measures to protect vulnerable consumers;

2013/02/28
Committee: EMPL

2012/2293(INI)

Motion for a resolution
Paragraph 20 b (new)

20b. Believes that energy efficiency measures to tackle energy poverty can also help to prevent health problems (respiratory and cardiovascular conditions, allergies, asthma, food or carbon monoxide poisoning, and impact on mental health);

2013/02/28
Committee: EMPL

2012/2192(DEC)

Draft opinion
Paragraph 2 a (new)

2a. Is concerned by the uncertainty over the future of the Foundation’s headquarters following the liquidation of the consortium that managed the Villa Gualino, where it is housed; calls on the Italian authorities to resolve the matter swiftly;

2013/01/30
Committee: EMPL

2012/2188(DEC)

Draft opinion
Paragraph 3 a (new)

3a. Regrets that the negotiations towards an agreement with the Spanish authorities on the seat of the Agency are still ongoing and calls for them to be brought to a speedy conclusion;

2013/01/30
Committee: EMPL

2012/2188(DEC)

Draft opinion
Paragraph 3 b (new)

3b. Calls on the Commission to make better use of the Agency’s enhanced capacities and of its observations when finalising the European strategy on health and safety at work 2013-2020.

2013/01/30
Committee: EMPL

2012/2183(DEC)

Draft opinion
Paragraph 3

3. Welcomes the development of a comprehensive set of processes to monitor and report on the implementation of the annual work programme and the deployment of resources; notes however that further improvements are needed given that 67 of total 77 budget transfers were made at the end of 2011 demonstrating weaknesses in budgetary planning; calls for structural measures to be taken to remedy the situation;

2013/01/30
Committee: EMPL

2012/2151(INI)

Draft opinion
Section 1 – paragraph 1 a (new)

1 a. Recalls that a European Economic and Monetary Union should first and foremost serve the people and the real economy as a basis for increasing the living standards of all;

2012/09/28
Committee: EMPL

2012/2151(INI)

Alejandro CERCAS, Jutta STEINRUCK, Sergio GUTIÉRREZ PRIETO

Draft opinion
Section 1 – paragraph 2

2. Calls on Member States to adopt growth-friendly policies aimed at maintaining and creating jobs; regrets that, contrary to budgetary discipline, employment ~~has~~and social welfare have not been considered as a EU top priority ~~increasing the risk that, considering the financiar~~; warns that the constraint of policy making on economic and monetary matters and the lack of a balanced and holisati~~on of the economy,~~c approach increases the risk of pro-cyclical impacts of initiatives originally designed to stabilise financial markets ~~are pro-cyclical in their impact~~;

2012/09/28
Committee: EMPL

2012/2151(INI)

Draft opinion
Section 1 – paragraph 2 a (new)

2 a. Recalls that restructuring and relocation processes on a large scale have resulted in the loss of almost 2 million jobs during the last 3 years in the EU, and regrets that there has not been a European answer to facilitate the management of restructuring in a more social and economic responsible way;

2012/09/28
Committee: EMPL

2012/2151(INI)

Draft opinion
Section 1 – paragraph 3

3. Recalls the importance of the adoption of the Growth Pact and believes that new initiatives such as a Social Pact should follow;

2012/09/28
Committee: EMPL

2012/2151(INI)

Draft opinion
Section 1 – paragraph 4

4. Calls for a balanced interaction between economic and monetary policies on the one hand and employment and social policies on the other hand since the European social model is ~~a driver~~the core of economic competitiveness without which the Union's social market economy will not be able to ~~climb out of the rut~~get back on track;

2012/09/28
Committee: EMPL

2012/2151(INI)

Draft opinion
Section 1 – paragraph 6 – introductory part

6. ~~Requests that in addition to the four building blocks outlined in the EMU roadmap, a fifth one, «~~Calls for setting up a fifth building block, 'Towards an integrated employment and social policy framework»', i~~s set up~~n addition to the four building blocks outlined in the EMU roadmap in order to promote:

2012/09/28
Committee: EMPL

2012/2151(INI)

Draft opinion
Section 1 – paragraph 6 – indent 1

– the introduction of a European Youth Guarantee;

2012/09/28
Committee: EMPL

2012/2151(INI)

Draft opinion
Section 1 – paragraph 6 – indent 1 a (new)

- an integrated active employment policy, including investment in human resource development, strategies for employment creation and improved working conditions, measures to encourage and support geographical mobility; forecasting of future occupational requirements, support for integration of disadvantaged groups into employment and income security during unemployment;

2012/09/28
Committee: EMPL

2012/2151(INI)

Draft opinion
Section 1 – paragraph 6 – indent 1 b (new)

- a social investment pact, focusing on inclusive education and lifelong learning, quality jobs, active inclusion, social protection, inclusive services, equality and anti-discrimination; the increased use of EU funds for inclusion;

2012/09/28
Committee: EMPL

2012/2151(INI)

Draft opinion
Section 1 – paragraph 6 – indent 4

– access to affordable and social housing;

2012/09/28
Committee: EMPL

2012/2151(INI)

Draft opinion
Section 1 – paragraph 6 – indent 5

– the creation of a social protection floor ~~to guarantee equ~~which would provide for universal access to essential health services, income support and subsistence security;

2012/09/28
Committee: EMPL

2012/2151(INI)

Draft opinion
Section 1 – paragraph 6 – indent 6 a (new)

- equal pay and equal rights for work of equal value for all;

2012/09/28
Committee: EMPL

2012/2151(INI)

Draft opinion
Section 1 – paragraph 6 – indent 6 b (new)

- an allocation of 25% of cohesion funding for the European Social Fund;

2012/09/28
Committee: EMPL

2012/2151(INI)

Draft opinion
Section 1 – paragraph 6 – indent 6 c (new)

- a new health and safety strategy including stress related diseases;

2012/09/28
Committee: EMPL

2012/2151(INI)

Draft opinion
Section 1 – paragraph 7

7. Underlines that fiscal consolidation and economic recovery require a stable level of internal consumption and adequate contribution to the welfare state and social security systems, which can only be achieved with high levels of quality employment, decent living wages and a fair burden sharing;

2012/09/28
Committee: EMPL

2012/2151(INI)

Draft opinion
Section 1 – paragraph 8

8. Calls on the Commission and Council to ensure that policy guidance for fiscal consolidation is fully coherent with the Union's objectives of social and sustainable development, based on Article 9 TFEU and that it is supplemented by a growth and employment package dedicated to sustainable development and quality jobs;

2012/09/28
Committee: EMPL

2012/2151(INI)

Draft opinion
Section 1 – paragraph 10

10. Deplores the fact that most Member States have not submitted a National Job Plan as part of their National Reform Programme 2012; considers that an integrated and strengthened economic policy framework must build on the principles of sustainable ~~development~~growth and employment~~, while promoting social cohesion~~ and social welfare;

2012/09/28
Committee: EMPL

2012/2151(INI)

Draft opinion
Section 1 – paragraph 12

12. Calls on the Commission to strengthen fair mobility ~~and~~with measures to improve and support mobile workers, step up the fight against social dumping due to the misuse of posted workers, both in host and home countries, and to address the legal loopholes in the protection of workers involved in cross-border provision of services;

2012/09/28
Committee: EMPL

2012/2151(INI)

Draft opinion
Section 1 – paragraph 14

14. Calls for enhanced surveillance of the effects of economic and monetary policies on the social situation and the labour markets and measures to eliminate the negative social consequences of these policies; suggests therefore to add social policies linked with job creation ~~to be added~~ to the provisions on the surveillance of national economic policies in the framework of the European Semester;

2012/09/28
Committee: EMPL

2012/2151(INI)

Liem HOANG NGOC, Pervenche BERÈS, Stephen HUGHES, Alejandro CERCAS, Elisa FERREIRA, Roberto GUALTIERI

Draft opinion
Section 1 – paragraph 17

17. ~~Call for~~Underlines the need to improve social governance at the European level in parallel ofwith the establishment of European economic governance., in order to ensure strong surveillance and monitoring of the employment and social targets of the Europe 2020 strategy as well as synergy effects and coherent policy making;

2012/09/28
Committee: EMPL

2012/2151(INI)

Motion for a resolution
Annex – part 3 – point 3.2 a (new)

Recommendation 3.2a on a Social Pact for Europe The European Parliament considers that the legislative act to be adopted should aim to regulate as follows: According to the Treaties the promotion of high employment and the guarantee of adequate social protection has to be taken into account in defining and implementing the policies and activities of the Union; The specific rules for a binding supervision of the budgetary discipline in the euro area can and should complement fiscal and macroeconomic benchmarks with employment and social benchmarks to ensure the appropriate implementation of the abovementioned provision through adequate Union financial provisions; A social pact for Europe should be set up to promote: - the introduction a European youth guarantee; - a euro area-specific unemployment insurance fund endowed with its own, dedicated fiscal resources; - 25 % of cohesion funding for ESF; - high quality and appropriate financing of public services; - decent living wages; - access to affordable and social housing; - a social protection floor to guarantee universal access to essential health services regardless of income; - support and subsistence security; - the implementation of a social protocol to protect fundamental social and labour rights; - a European framework to manage restructuring in a social and responsible way; - a new health and safety strategy including stress-related diseases; - equal pay and equal rights for work of equal value for all;

2012/10/02
Committee: ECON

2012/2097(INI)

Motion for a resolution
Paragraph 9

9. Recognises that business closures and retrenchment are jeopardising some of the gains made through CSR in terms of the employment of ~~marginalised~~vulnerable groups in society such as persons with disabilities; calls on the Commission to undertake a major analysis of the social impact of the crisis on such initiatives;

2012/11/30
Committee: EMPL

2012/2061(INI)

Motion for a resolution
Recital C

C. whereas, as consistently highlighted in recent policy papers from the Commission, especially the Europe 2020 Strategy and the Industrial Policy Communication of 278 October 2010, ‘Better anticipating and managing restructuring would help employees and companies to adapt to transitions imposed by excess capacities and by modernisation and structural adjustment’. (…) ‘Management and employees’ representatives are the key players to agree on restructuring strategies at company level. Policy interventions should accompany such restructuring to avoid social hardship and promote new skills and jobs, thus ~~avoid~~minimising mass redundancies and the decline of entire regions or the relocation of entire industries, by facilitating economic conversion and professional transition.‘;

2012/07/26
Committee: EMPL

2012/2061(INI)

Motion for a resolution
Recital K a (new)

Ka. whereas this resolution is without prejudice to employment protection obligations and obligations related to employment termination resulting from national law;

2012/07/26
Committee: EMPL

2012/2061(INI)

Proposal for a recommendation
Recommendation 1 Recital 1 a (new)

(1a) Economically successful and socially responsible restructuring requires integrating it into a long-term strategy aiming at ensuring and strengthening the long-term sustainability and competitiveness of the company. It also requires putting human resources at the heart of companies' strategic development.

2012/08/02
Committee: EMPL

2012/2061(INI)

Proposal for a recommendation
Recommendation 1, Recital 4 a (new)

(4a) Adaptable companies and resilient workforces develop, in cooperation with workers' representatives, the regional and local authorities and other relevant organisations, mechanisms of anticipation and of forward planning of employment and skills needs. They recognise the right for every worker to benefit from appropriate training. Workers recognise that education and lifelong learning are necessary to strengthen their employability.

2012/08/02
Committee: EMPL

2012/2061(INI)

Proposal for a recommendation
Recommendation 1, Recital 10

(10) Such an EU framework should apply to companies or group of companies, both privately and publicly owned, in accordance with national law and/or collective agreements. In any case to major companies and groups of companies, those which employ on the territory of the EU at least 500 workers, and to the restructuring operations of a certain dimension, covering at least 100 workers in a single company or 500 employees in a company and its dependent companies or one or more Member States over a period of three months. The prescribed thresholds for the size of the workforce are defined in line with the definition included in Directive 38/2009/EC.

2012/08/02
Committee: EMPL

2012/2061(INI)

Proposal for a recommendation
Recommendation 2, paragraph 2

2. To that end, companies and employees' representatives, when dealing with restructuring, in a spirit of cooperation, by recognizing that these processes aim at protecting at the same time the interests of companies as regards their competitiveness and sustainability and those of their employees.

2012/08/02
Committee: EMPL

2012/2061(INI)

Proposal for a recommendation
Recommendation 3, paragraph 1, point a

(a) "companies" mean companies and groups of companies employing at least 500 employees in the Union, as well as any company part of the group referred to above, without prejudice to lower threshold provided by national law and/or collective agreements;

2012/08/02
Committee: EMPL

2012/2061(INI)

Proposal for a recommendation
Recommendation 3, paragraph 1, point g

(g) "restructuring operation" means any ~~re- organisation of the~~substantial process or measure to be adopted by the company or the employer addressed to re-organisation of the corporate and business structure, of work processes and organisation, of the location with a quantitative or qualitative impact on employment;

2012/08/02
Committee: EMPL

2012/2061(INI)

Proposal for a recommendation
Recommendation 3, paragraph 1, point g a (new)

(ga) “information” is defined in line with the provision/definition in the European Society legislation and European Works Council directive EC 38/2009;

2012/08/02
Committee: EMPL

2012/2061(INI)

Proposal for a recommendation
Recommendation 3, paragraph 1, point g b (new)

(gb) “consultation” is defined in line with the provision/definition in European Societies legislation and European Works Council directive EC 38/2009;

2012/08/02
Committee: EMPL

2012/2061(INI)

Proposal for a recommendation
Recommendation 3, paragraph 2

2. The present ~~Directive~~text, covers restructuring operations affecting at least 100 employees in a single company or 500 employees in a company and its dependent companies in one or more Member States over a period of three months. This is without prejudice to lower thresholds provided for by national law and/or collective agreements.

2012/08/02
Committee: EMPL

2012/2061(INI)

Proposal for a recommendation
Recommendation 5, paragraph 4 a (new)

4a. Whenever possible and appropriate, companies: (a) develop the mechanisms and plans provided for in paragraph 2 in close operation with external actors, including regional authorities, universities and other education and training providers, technological institutes, innovation centres and development agencies; (b) participate or contribute to external employment and skills observatories, partnerships, networks and other relevant initiatives taken in the region and/or sector concerned.

2012/08/02
Committee: EMPL

2012/2061(INI)

Proposal for a recommendation
Recommendation 7, paragraph 1

1. ABeyond the obligations in EU worker information and consultation rules, any restructuring operation shall be subject to an early explanation and justification to all the relevant stakeholders on the basis of either long-term strategic goals and requirements or short-term constraints.

2012/08/02
Committee: EMPL

2012/2061(INI)

Proposal for a recommendation
Recommendation 7, paragraph 2

2. The ~~dialogue~~justification provided for in paragraph 1 shall include the ~~justification of~~reason for the choice of the measures envisaged in order to achieve the objectives and of other possible options, in the light of all the interests concerned.

2012/08/02
Committee: EMPL

2012/2061(INI)

Proposal for a recommendation
Recommendation 8, paragraph 3

3. When redundancies cannot be avoided or as part of the package to be implemented in the context of alternative options, companies shall make available to the employees concerned measures ~~that aim to enhance~~aimed at re-enforcing their employability and helping them to re-enter the labour market as quickly as possible without prejudice to employment protection obligations and obligation related to employment termination resulting from national law.

2012/08/02
Committee: EMPL

2012/2061(INI)

Proposal for a recommendation
Recommendation 9

9. The provisions of Recommendations 6, 7 and 78 do not apply to companies and employees covered by an agreement concluded at the relevant level and with the relevant parties on the procedures and mechanism for preparing, managing in a socially responsible way and minimising internal social costs of restructuring operations.

2012/08/02
Committee: EMPL

2012/2061(INI)

Proposal for a recommendation
Recommendation 10, paragraph 1 a (new)

1a. For the purpose of paragraph 1, companies inform the regional or local authorities and other relevant actors of the measures being prepared in accordance with recommendation 8. They shall participate and/or contribute to any task-force or network established at regional or sectoral level to minimise the impact of the operation.

2012/08/02
Committee: EMPL

2012/2061(INI)

Proposal for a recommendation
Recommendation 10, paragraph 1 b (new)

1b. Insofar as this proves to be necessary and in accordance with national or regional requirements, companies design and implement plans aimed at rehabilitating and/or reallocating industrial sites likely to be abandoned, as an environment measure, as a means to attract new activities and a way to absorb a proportion of the jobs to be lost.

2012/08/02
Committee: EMPL

2012/2061(INI)

Proposal for a recommendation
Recommendation 10, paragraph 2

2. The measures referred to in Recommendation 78 shall cover, as far as possible, the employees of companies that are dependent by reasons of subcontracting, supply contract and others. Dependent companies and their workers are, in any case, informed of those measures insofar as such information is required or useful for their own adaptation and for the management of the restructuring process within them.

2012/08/02
Committee: EMPL

2012/2061(INI)

Proposal for a recommendation
Recommendation 14, paragraph 2 a (new)

2a. The Commission shall set up a specific coherent and consistent statistical system of information on restructuring operations addressed to implement a shared common definition on what situations qualify and makes a restructuring operation, the relevant causes and effects in order to measure the outcomes. Member States shall cooperate in this system by providing statistical information on restructuring operation, according to agreed technical specifications. In the meanwhile, the competent public authorities should ensure that the reporting requirements on the number and type of workers notified of dismissal according to the Collective Redundancies Directive should be collected and compiled at the national level.

2012/08/02
Committee: EMPL

2012/2061(INI)

Proposal for a recommendation
Recommendation 14 a (new) (to be introduced as the First Recommendation in Section VI MISCELLANEOUS PROVISIONS)

Minimum requirements 1. This Directive is without prejudice to the Member States' right to apply or introduce legislative, regulatory or administrative provisions which are more favourable to workers or to promote or permit collective agreements concluded between the social partners which are more favourable to workers. 2. The implementation of this Directive shall under no circumstances constitute grounds for justifying a reduction in the general level of protection of workers in the fields covered by this Directive.

2012/08/02
Committee: EMPL

2012/2061(INI)

Proposal for a recommendation
Recommendation 15, paragraph 1

1. Member States shall provide that employees' representatives and any other person who accedes to information which has expressly been provided to them as a result of the Directive are not authorised to reveal it if it has been delivered on a confidential basis, according to national law and practice.

2012/08/02
Committee: EMPL

2012/2004(INI)

Motion for a resolution
Recital F

F. whereas the European Commission recognises social economy actors and social enterprises as important drivers of inclusive job creation ~~and~~, encouraging the labour inclusion of vulnerable groups such as disabled persons, and of social innovation ~~that~~, which require specific support23;

2012/06/06
Committee: EMPL

2012/2004(INI)

Motion for a resolution
Paragraph 16 – indent 2

– while profit-making in general is allowed and even supported, allowed and even supported, profits, operating surpluses, funds profits, operating surpluses, funds and reserves are primarily to be and reserves are primarily to be reinvested in quality, innovation reinvested in the furtherance of and development; their social objective;

2012/06/06
Committee: EMPL

2012/2004(INI)

Motion for a resolution
Paragraph 25

25. Supports the Commission’s proposal to set up a multilingual, accessible online platform for social enterprises that should, inter alia, enable the exchange of best practices, facilitate information-sharing about access to funding and serve as a network for cross-border cooperation;

2012/06/06
Committee: EMPL

2012/2004(INI)

Motion for a resolution
Paragraph 29

29. Calls on the Commission and the Member States to support smaller businesses set up by ~~young and/or innovative entrepreneur~~innovative, young, female entrepreneurs and/or vulnerable groups, such as disabled persons;

2012/06/06
Committee: EMPL

2012/2004(INI)

Alejandro CERCAS, Iratxe GARCÍA PÉREZ, Sergio GUTIÉRREZ PRIETO

Motion for a resolution
Paragraph 30

30. Points out that social business requires a maximum of support and acceptance, and calls for a broad information campaign to be launched by means of introducing a multilingual, accessible online-platform that provides quick and easy information for citizens seeking for social products and services, and which gives a good overview of the activities and added value of this sector;

2012/06/06
Committee: EMPL

2012/0366(COD)

Proposal for a directive
Recital 11

(11) In relation to the fixing of maximum yields, it might be necessary and appropriate at a later date to adapt the yields fixed or to fix maximum thresholds for emissions, taking into consideration scientific progress and internationally agreed standards in order to evaluate their toxicity or addictiveness.

2013/05/07
Committee: AGRI

2012/0366(COD)

Alejandro CERCAS, Iratxe GARCÍA PÉREZ, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Recital 38

(38) In order to make this Directive fully operational and to keep up with technical, scientific and international developments in tobacco manufacture, consumption and regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission, in particular in respect of adopting ~~and adapting maximum yields for emissions and their~~ measurement methods for emissions, setting maximum levels for ingredients that increase toxicity, addictiveness ~~or attractiveness,~~ , the use of health warnings, unique identifiers and security features in the labelling and packaging, defining key elements for contracts on data storage with independent third parties, reviewing certain exemptions granted to tobacco products other than cigarettes, roll-your-own tobacco and smokeless tobacco products and reviewing the nicotine levels for nicotine containing products. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.

2013/05/07
Committee: AGRI

2012/0366(COD)

Proposal for a directive
Article 6 – paragraph 3

3. In case the experience gained in the application of paragraphs 1 and 2 shows that a certain additive or a combination thereof typically impart a characterising flavour when it exceeds a certain level of presence or concentration the Commission shall be empowered to adopt delegated acts in accordance with Article 22 to set maximum levels for those additives or combination of additives that cause the characterising flavour.deleted

2013/06/13
Committee: JURI

2012/0366(COD)

Proposal for a directive
Article 6 – paragraph 9

9. In case scientific evidence and the experience gained in the application of paragraphs 7 and 8 shows that a certain additive or a certain quantity thereof amplify in an appreciable manner at the stage of consumption the toxic or addictive effect of a tobacco product the Commission shall be empowered to adopt delegated acts in accordance with Article 22 to set maximum levels for those additives.deleted

2013/06/13
Committee: JURI

2012/0366(COD)

Alejandro CERCAS, Iratxe GARCÍA PÉREZ, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Article 6 – paragraph 10

10. Tobacco products other than cigarettes, roll-your-own tobacco and smokeless tobacco products shall be exempted from the prohibitions laid down in paragraphs 1 and 5. The Commission shall ~~be empowered to adopt delegated acts~~ , at the request of a Member State or on its own initiative, be able to determine by means of implementing ac~~cordance with Article 22~~ts whether or not to withdraw this exemption if there is a s~~ubstantial~~ignificant change of circumstances ~~as established in a Commission report.~~ involving an increase in sales volume by product category of at least 20 % in the ten largest Member State markets by volume. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21 and shall not apply in the case of new tobacco products regulated in Article 17.

2013/06/13
Committee: JURI

2012/0366(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 19

~~(19) 'maximum level' or 'maximum yield' means the maximum content or emission, including 0, of a substance in a tobacco product measured in grams;~~deleted

2013/05/07
Committee: AGRI

2012/0366(COD)

Alejandro CERCAS, Iratxe GARCÍA PÉREZ, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Article 10 – paragraph 5

~~5. The Commission shall be empowered to adopt~~ delegated ~~acts in accordance with Article 22, to withdraw the exemption laid down in paragraph 1 if there is a substantial change of circumstances as established in a Commission report.~~

2013/06/13
Committee: JURI

2012/0366(COD)

Proposal for a directive
Article 3 – paragraph 2

~~2. The Commission shall be empowered to adopt~~ delegated ~~acts in accordance with Article 22 to adapt the maximum yields laid down in paragraph 1, taking into account scientific development and internationally agreed standards.~~

2013/05/07
Committee: AGRI

2012/0366(COD)

Alejandro CERCAS, Iratxe GARCÍA PÉREZ, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Article 3 – paragraph 3

3. Member States shall notify the Commission of the maximum yields that they set for other emissions of cigarettes and for emissions of tobacco products other than cigarettes. Taking into account internationally agreed standards, where available, and based on scientific evidence and on the yields notified by Member States, the Commission shall be empowered to adopt delegated acts in accordance with Article 22 to adopt and adapt maximum yields for other emissions of cigarettes and for emissions of tobacco products other than cigarettes that increase in an appreciable manner the toxic or addictive effect of tobacco products beyond the threshold of toxicity and addictiveness stemming from the yields of tar, nicotine and carbon monoxide fixed in paragraph 1.deleted

2013/05/07
Committee: AGRI

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Birgit SIPPEL, Sylvana RAPTI

Proposal for a directive
Citation 1

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1), 62, 151 and 62153 thereof,

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Pervenche BERÈS, Sergio Gaetano COFFERATI

Proposal for a directive
Citation 1 a (new)

Having regard to the Charter of Fundamental Rights of the European Union, and in particular Articles 15, 21 and 28 thereof,

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Recital 1

(1) Pursuant to Article 3(3) TEU, the internal market is not an end in itself, but a means to achieve social progress. The free movement of workers, the freedom of establishment and the freedom to provide services are fundamental principles of the internal market ~~in the Union enshrined in the Treaty~~. The implementation of these principles is further developed by Union ~~aimed at guaranteeing a level playing field for businesses and respect for the rights of worker~~legislation and measures aimed at guaranteeing the rights of workers and a level playing field for businesses.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Recital 3

(3) With respect to workers temporarily posted to carry out work in order to provide services in another Member State than the one in which they habitually carry out their work, Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services establishes a core set of clearly defined terms and conditions of work and employment which must at least be complied with by the service provider in the Member State to which the posting takes place to ensure the minimum protection of the posted workers concerned.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Recital 3 a (new)

(3a) This directive aims at better enforcement of Directive 96/71/EC. Therefore, the provision laid down in this directive shall be applicable without prejudice to Articles 4 and 5 of Directive 96/71/EC.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI

Proposal for a directive
Recital 3 b (new)

(3b) The key characteristic of genuine posting is that the workers concerned are not seeking permanent access to the labour market of the host Member State to which they are posted.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Frédéric DAERDEN, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Recital 3 c (new)

(3c) In case of non-compliance, such as when a worker is found not to be genuinely posted, an undertaking should be subject to the relevant legislation applicable in the Member State to which the posting takes place, and all persons posted by the undertaking concerned shall be deemed workers exercising their freedom of movement within the Union.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Recital 4

(4) In order to prevent, avoid and combat circumvention and/or abuse of the applicable rules by companies taking improper or fraudulent advantage of the freedom to provide services enshrined in the Treaty and/or the application of Directive 96/71/EC the implementation and monitoring of the notion of posting should be improved and the risk of contradictions in the application of EU law reduced.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Recital 6

(6) As is the case with Directive 96/71/EC, this Directive should not prejudice the application of the law which, under Article 8 of the Rome I Regulation, applies to individual employment contracts, or the application of Regulation No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems ~~and~~, Regulation No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems, Regulation (EU) No 465/2012 of the European Parliament and of the Council of 22 May 2012 or Article 45 and 46 TFEU. The provisions of this Directive should be without prejudice to Member States providing for more favourable conditions for posted workers.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Evelyn REGNER, Richard FALBR, Françoise CASTEX, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Recital 8

(8) Trade unions play an important role in the context of the posting of workers for the provision of services since social partners may, in accordance with national law and/or practice, determine the different levels (alternatively or simultaneously) of the applicable minimum rates of payhis Directive and Directive 96/71/EC should not interfere with different national industrial relations and collective bargaining systems.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Recital 9

(9) For the purpose of ensuring that a posted worker receives the correct pay ~~and provided~~ allowances specific to posting can be considered part of minimum rates of pay, ~~such allowances should only be deducted from wages if national law, collective agreements and/or practice~~as provided for by national law, collective agreements and/or practice of the Member State in which the posting takes place. Allowances specific to posting should be taken into account provided they are paid by the hour and regardless of the circumstances of the work performed. Allowances paid in reimbursement of expenditure actually incurred on account of the hpost ~~Member State provide for this~~ing, such as expenditure on travel, board and lodging should not be taken into account, as the reimbursement of such expenditure is an obligation on the employer.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN

Proposal for a directive
Recital 9 a (new)

(9a) This Directive, Directive 96/71/EC and Directive 2008/104/EC should guarantee that temporary agency workers who are also posted workers benefit from the most advantageous terms and conditions of employment.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Recital 10

(10) Adequate and effective implementation and enforcement are key elements in protecting the rights of posted workers, whereas poor enforcement undermines the effectiveness of the Union rules applicable in this area. Close cooperation between the Commission and the Member States is therefore essential, w~~ithout neglect~~hile underlining the important role of labour inspectorates and the social partners in this respect.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Birgit SIPPEL, Sylvana RAPTI

Proposal for a directive
Recital 10 a (new)

(10a) Effective, regular and flexible labour inspections are essential and adequate funding should be provided in order for the competent authorities to detect and combat misuse and circumvention. Member States should be entitled to perform any controls needed in order to fully comply with Article 5 in 96/71/EC and the provisions in this Directive.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Recital 10 b (new)

(10b) Posted workers should not be used to replace workers on strike.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Evelyn REGNER, Richard FALBR, Françoise CASTEX, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Recital 11 a (new)

(11a) Member States should take appropriate measures in order to prevent the misuse and/or circumvention of Directive 96/71/EC and this Directive by undertakings for the purpose of depriving posted workers of their rights or the withholding of such rights. In particular, posted workers sent to replace workers on strike, successive assignments to the same post and bogus self employment should be prevented.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN

Proposal for a directive
Recital 11 b (new)

(11b) Competent authorities should make an overall assessment of all factual elements in order to determine if an undertaking is genuinely established in a Member State other than the one to which it directs its services. Member States should ensure that the undertakings provide the necessary evidence. If it cannot be established that genuine substantial activity are carried out in the Member State of establishment, the undertaking should, for the purpose of this Directive and Directive 96/71/EC, be considered as established in the Member State to which the posting takes place.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Recital 11 c (new)

(11c) In order to assess whether a posted worker is temporarily carrying out his or her work in a Member State other than the one in which he or she normally works, all elements characterizing such work and the situation of the worker should be examined. Member States should ensure that undertakings provide the necessary evidence. If it cannot be established that a worker is a posted worker within the meaning of this Directive and Directive 96/71/EC, he/she should be considered as habitually employed in the Member State to which the posting takes place, within the meaning of Regulation No 593/2008.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN, Pervenche BERÈS

Proposal for a directive
Recital 11 d (new)

(11d) In case terms and conditions of employment in the Member State of establishment and/or the Member State to which the posting takes place are more favourable to posted workers than this Directive and/or Directive 96/71/EC, the more favourable terms and conditions should apply.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI, Pervenche BERÈS

Proposal for a directive
Recital 14

(14) Member States obligations to make information on terms and conditions of employment generally available and to provide effective access free of charge to it, not only to service providers from other Member States, but also to the posted workers concerned, should be further concretised.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Recital 14 a (new)

(14a) Posted workers have an individual right to information and advice on the applicable terms and conditions of work and employment. It is the responsibility of the Member States to set up appropriate bodies to which posted workers can turn in this respect.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Recital 16

(16) In order to ensure the correct application of, and to monitor compliance with, the substantive rules on the terms and conditions of employment to be respected with regard to posted workers, Member States should apply ~~only certain~~the necessary control measures orand administrative formalities to undertakings posting workers for the provision of services. Such measures and requirements may only be imposed provided that the competent authorities cannot carry out their supervisory task effectively without the requested information and the necessary information cannot be obtained easily from the employer of posted workers or the authorities in the Member State of establishment of the service provider within a reasonable delay and/or less restrictive measures would not ensure that the objectives of the national controls measures deemed necessary are attained in order to effectively combat fraud and unfair competition.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Recital 17

(17) A comprehensive and effective system of preventive and control measures, together with deterrent penalties to identify and prevent individual instances of bogus self- employed, should contribute to combat concealed employment effectively. In this context it is essential that competent authorities in the member states have the means to check if there is a situation of dependency between the allegedly self- employed individual and his or her employer.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Recital 17 a (new)

(17a) In order to combat bogus self- employment and other violations of existing legislation, a European register should be set up for companies that have repeatedly violated the rules laid down in this Directive and Directive 96/71/EC. The purpose of the register should also be to ensure a level playing field and fair competition among companies.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI

Proposal for a directive
Recital 18

(18) To ensure better and more uniform application of Directive 96/71/EC as well as its enforcement in practice~~, and to reduce, as far as possible, differences in the level of application and enforcement across the Union,~~ Member States should ensure that effective and adequate inspections are carried out on their territory.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Recital 20

(20) In order to cope in a flexible way with the diversity of labour markets and industrial relations systems, by way of exception, other actors and/or bodies may monitor certain terms and conditions of employment of posted workers, provided these offer the persons concerned an equivalent degree of protection and exercise their monitoring in a non- discriminatory and objective manner.deleted

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Evelyn REGNER, Richard FALBR, Françoise CASTEX, Sylvana RAPTI, Ole CHRISTENSEN

Proposal for a directive
Recital 23

(23) To facilitate the enforcement of Directive 96/71/EC and ensure more effective application of it, effective complaint mechanisms should exist through which posted workers may lodge complaints or engage in proceedings either directly or through relevant designated third parties, such as trade unions or other associations as well as common institutions of social partners. This should be without prejudice to national rules of procedure concerning representation and defence before the courts. Trade unions should have a right of collective action and the possibility of representative action.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Emer COSTELLO, Jutta STEINRUCK, Evelyn REGNER, Richard FALBR, Françoise CASTEX, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Recital 24

(24) ~~In view of the prevalence of subcontracting in the construction sector,~~With a view to reducing abuses in subcontracting situations and in order to protect posted workers‘' rights, it is necessary to ensure that in such sector at least the contractor of which the employer is a direct subcontractor can be held liable to pay to posted workers the net minimum rates of pay due, any back- payments of outstanding remuneration and/or contributions due to common funds or institutions of social partners regulated by law or collective agreement in so far as these are covered by Article 3 (1) of Directive 96/71/EC in addition to or in place of the employer. The contractor shall not be held liable if he/she has undertaken due diligence. The latter may imply preventive measures concerning proof provided by the subcontractor, including where relevant based upon information emanating from national authoritiesall contractors up the chain can be held liable to pay to posted workers all entitlements due to him/her.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Recital 25

(25) In specific cases, other contractors may, in accordance with national law and practice, be also held liable for failure to comply with the obligations under this Directive, or their liability may be limited, after consultation of the social partners at national or sectoral level.deleted

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Recital 26

(26) The obligation to impose a liability requirement on the contractor where the direct subcontractor is a service provider, established in another Member State, posting workers is justified in the overriding public interest of the social protection of workers. Such posted workers may not be in the same situation as workers employed by a direct subcontractor established in the Member State of establishment of the contractor with regard to the possibility to claim outstanding pay or refunds of taxes or social security contributions unduly withheld.deleted

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Recital 26 a (new)

(26a) This Directive and Directive 96/71/EC apply also to transport undertakings other than those engaged in maritime transport, which post workers to other Member States, including air and freight transport as well as cabotage operations as recognised in recital 17 of Regulation No 1072/2009/EC of the European Parliament and of the Council on common rules for access to the international road haulage market.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI, Pervenche BERÈS

Proposal for a directive
Recital 32

(32) Member States should take appropriate measures in the event of failure to comply with the obligations laid down in this Directive, including administrative and judicial procedures, and should provide for effective, dissuasive and proportionate penalties for any breaches of the obligations under this Directive. Insufficient cooperation between Member States remains a problem in enforcing Directive 96/71/EC. This hinders the creation of a level playing field for companies and the protection of workers. In the case of Member States failing to live up to the provisions laid down in this Directive and Directive 96/71/EC, the Commission should, in accordance with the Treaty of the European Union, take legal action.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Recital 33

(33) This Directive and Directive 96/71/EC respects the fundamental rights and observes the principles recognised in the European Convention on Human Rights, ILO Conventions and the Charter of Fundamental Rights of the European Union, notably protection of personal data (Article 8), the freedom to choose an occupation and right to engage in work (Article 15), the freedom to conduct a business (Article 16), the right to equality (Article 20), non-discrimination (Article 21), the right to collective bargaining and action (Article 28), fair and just working conditions (Article 31), and the right to an effective remedy and to a fair trial (Article 47) and has to be implemented in accordance with those rights and principles.

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Evelyn REGNER, Richard FALBR, Françoise CASTEX, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Recital 33 a (new)

(33a) Fundamental social rights should not be called into question on grounds of economic freedoms. Therefore this Directive should strengthen the enforcement of Directive 96/71/EC in particular in light of legal uncertainties resulting from the judgments of the European Court of Justice notably Viking (C-438/05), Laval (C-341/05), Rüffert (C- 346/06) and Luxembourg (C-319/06).

2013/01/17
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

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

1. This Directive establishes a ~~general common framework of appropriate~~set of provisions, measures and control mechanisms ~~necessary for~~enabling Member States to ensure better and more uniform implementation, application and enforcement in practice of Directive 96/71/EC, including measures to prevent and sanction any abuse and circumvention of the ~~applicable rules~~terms and conditions of employment that apply in the place where the service is to be performed, without prejudice to more favourable treatment of the worker.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI

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

This Directive clarifies which measures fall under the public policy provisions, which are provisions covering those mandatory rules from which there can be no derogation and which, by their nature and objective, meet the imperative requirements of the public interest.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

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

This Directive aims to guarantee 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.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2 a (new)

This Directive does not affect in any way the competences of the Member States to define mandatory labour standards and working conditions for all workers pursuing labour on their territory as stated in Article 3 (10) of Directive 96/71 as long as these standards are not protectionist or discriminatory.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Article 1 – paragraph 2

2. This Directive shall not affect in any way the exercise of fundamental rights as recognised in Member States a~~nd by Union law~~s well as at Union and international level, including the right or freedom to strike or to take other action covered by the specific industrial relations systems in Member States, in accordance with national law and practices. Nor does it affect the right to negotiate, conclude and enforce collective agreements and to take collective action in accordance with national law and practices.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI, Pervenche BERÈS

Proposal for a directive
Article 1 a (new)

Article 1 a Relationship with Union law 1. This Directive and Directive 96/71/EC apply without prejudice to more favourable treatment of workers provided for in other Union law instruments. 2. In case of conflict between this Directive and Directive 96/71/EC on the one hand and Directive 2008/14/EC on temporary agency work on the other hand, priority shall be given to the instrument which guarantees the worker the most favourable treatment with regard to terms and conditions of employment.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Evelyn REGNER, Richard FALBR, Françoise CASTEX, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Article 2 – paragraph 1 – point a

(a) ‘'competent authority’' means an ~~authorit~~y body designated by a Member State to perform functions under this Directive, including social partners;

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Article 3 – title

~~Preventing abuse and circumvention~~Minimum provisions for implementation and monitoring

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Richard FALBR, Olle LUDVIGSSON, Sylvana RAPTI, Ole CHRISTENSEN, Pervenche BERÈS

Proposal for a directive
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 tmake ~~into account~~an overall assessment of all factual elements characterising the activities carried out by an undertaking in the Member State in which it is established and, where necessary, in the Member State to which the posting takes place in order to determine whether it genuinely performs substantial activities, other than purely internal management and/or administrative activities~~. Such elements may include~~ in the Member State of establishment or the employment of staff only in the Member State to which the posting takes place. In particular, the following elements shall be taken into consideration:

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Olle LUDVIGSSON, Sylvana RAPTI, Ole CHRISTENSEN, Pervenche BERÈS

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point a

(a) the place where the undertaking ~~has its registered office and administration, uses office space, pays taxes, has a professional licence or is registered with the chambers of commerce or professional bodies~~performs its substantial business activity in the sector where the posted worker is employed,

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Olle LUDVIGSSON, Sylvana RAPTI, Ole CHRISTENSEN, Pervenche BERÈS

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

(a a) the place where the undertaking pays taxes and social security contributions,

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Olle LUDVIGSSON, Sylvana RAPTI, Ole CHRISTENSEN

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

(a b) the generation of more than 25% turnover in the Member State of establishment,

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Olle LUDVIGSSON, Sylvana RAPTI, Ole CHRISTENSEN

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point b

(b) the place where posted workers are recruited and usually employed,

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Olle LUDVIGSSON, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point c

(c) the ~~law applicable to the contracts concluded by the undertaking with its workers, on the one hand, and with its clients~~proportion of staff working in the Member State of establishment, on the one hand, and the place where the majority of contracts with clients are carried out, on the other hand,

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI, Pervenche BERÈS

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2 a (new)

If a subcontractor fails to prove that it performs genuine substantial activities within the meaning of this article in its Member State of establishment, its posted workers shall be presumed to be employed by the contracting undertaking with application of all statutory and collectively agreed rights and obligations in the host Member State.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN

Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – introductory part

~~Such elements may include~~In particular, the following elements shall be taken into consideration:

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN

Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point a

(a) the work is carried out for a limited period of time ~~in another Member State;~~ of a maximum of six months in another Member State; with the agreement of the social partners of the Member States to which the posting takes place, the posting period can be longer, but cannot in any case exceed one year; particular attention shall be paid to the time spent by the worker on posting compared to the length of employment in the habitual place of work;

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN

Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point b

(b) the posting takes place to a Member State other than the one in or from which the posted worker habitually carries out his or her work ~~according to Regulation (EC) No 593/2008 and/or the Rome Convention~~;

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN

Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point b a (new)

(b a) an employment relationship exists with the worker in accordance with the legislation of the Member State of establishment for at least three months prior to the posting;

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN

Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point b b (new)

(b b) the posting takes place from the Member State in which the worker habitually carries out his or her work and the employment relationship has not just been entered into for the posting;

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN

Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point c

(c) the posted worker returns or is expected to resume working tofor the ~~Member State from which he/she is~~same employer in his habitual place of employment outside the Member State of posteding after completion of the work or the provision of services for which he or she was posted;

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN

Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point d

(d) travel, board and lodging/accommodation is provided or reimbursed by the employer who posts the worker, and if so, how this is done~~, as well as~~;

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Richard FALBR, Sylvana RAPTI

Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point e

~~(e) any repeated previous periods during which the post was filled by the same or another (posted) worker.~~delete

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN

Proposal for a directive
Article 3 – paragraph 2 – subparagraph 3

All the factual elements enumerated above ~~are indicative factors~~shall be included in the overall assessment to be made and ~~may~~shall not therefore be considered in isolation. The criteria shall be adapted to each specific case and take account of the specificities of the situation.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Article 3 – paragraph 2 a (new)

2a. When verifying a self-employment status in the host Member State the following criteria shall be taken into consideration in particular: (a) Remuneration and the existence of a link of subordination between a worker and an undertaking; (b) Employment activities before moving to the host Member State; (c) Fulfilment of business requirements in the Member State of establishment and means to continue the business after the return to the Member State of establishment. (d) Maintenance of an office in the Member State of establishment; (e) Payment of taxes in the Member State of establishment; (f) Possession of a VAT number in the Member State of establishment; (g) Registration with chambers of commerce or professional bodies in the Member State of establishment; (h) Entrepreneurial skills.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Article 3 – paragraph 2 b (new)

2b. Member States shall ensure that travel, board and lodging/accommodation are organized and paid for by the employer or that the reimbursement of these costs is guaranteed. In the latter case the employer shall clearly state in the contract with the posted worker how this will take place. Wages shall be paid by the employer via bank transfer to an account in the name of the posted worker. The posted worker shall benefit from adequate accommodation, pursuant to national legislation and practice that ensures a decent standard of living for the duration of posting. These provisions shall be without prejudice to the possibility for posted workers to freely choose their own accommodation. The posted worker shall be given a rental contract or equivalent document in which the conditions and cost of the accommodation are clearly stated for the duration of posting. If the posted worker is required to pay rent for such accommodation, its cost shall not be excessive in relation to their net remuneration nor to the quality of the accommodation and it shall not be automatically deducted from their wage.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Pervenche BERÈS, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Evelyn REGNER, Richard FALBR, Françoise CASTEX, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Article 3 a (new)

Article 3a Prevention of misuse and circumvention 1. Member States shall take appropriate measures with a view to preventing the misuse and/or circumvention of this Article for the purpose of depriving workers of their rights or withholding such rights. In particular: (a) repeated periods during which the post is filled by the same or another posted worker shall be prevented; (b) posted workers shall not be used to replace workers who are on strike; 2. In order to prevent the systematic abuse of the common rules for access to the international road haulage market, as given by Regulation 1072/2009/EC, especially concerning cabotage, a driver in a vehicle used for international freight transport and in cabotage according to Article 8 of Regulation 1072/2009/EC, shall be covered by the provisions of Article 3; 3. Natural and legal persons, who repeatedly seriously violate the provisions of Directive 96/71/EC and this Directive, will be centrally recorded at national and Union level. 4. A European Labour Inspection shall be set up to enhance cooperation between national Labour Inspections and to inspect, in cooperation with national authorities, working places with cross- borders issues;

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Richard FALBR, Olle LUDVIGSSON, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Article 3 b (new)

Article 3b Applicable law 1. Where it is not established that an undertaking performs genuine substantial activity in the Member State of establishment in accordance with Article 3.1, the undertaking shall be considered to be established in the Member State where it provides the service. 2. Where it is not established that a posted worker is temporarily carrying out work in a Member State other than the one in which he normally works in accordance with Article 3.2, the habitual place of employment, and thus the applicable terms and conditions of employment, shall be those of the Member State where the service is provided. 3. Terms and conditions of employment, as provided for in the national laws and collective agreements of the Member State of establishment and/or the Member State where the service is provided, which are more favourable to workers shall apply. 4. In the event of absence, lack or incompletion of documents such as the ones referred to in Article 3 of Directive 91/533 or the A1 certificate concerning the social security legislation, as stipulated for posted workers by Regulation 883/2004 and implementing Regulation 987/2009, the situation should not be characterised as one of 'temporarily posting' to another Member State, and thus the applicable terms and conditions of employment, shall be those of the Member State where the service is provided.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI, Pervenche BERÈS

Proposal for a directive
Article 5 – paragraph 1

1. Member States shall take the appropriate measures to ensure that the information on the terms and conditions of employment ~~referred to in Article 3 of Directive 96/71/EC~~ which are to be applied and complied with by service providers are made generally available ~~in a clear~~free of charge in a clear, transparent, comprehensive and easily accessible way at a distance and by electronic means, in formats and by web standards that ensure access to persons with disabilities and to ensure that the liaison offices or the other competent national bodies referred to in Article 4 of Directive 96/71/EC are in a position to carry out their tasks effectively.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI

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

(a) indicate clearly, in a detailed and user friendly manner and accessible format on national websites and other means which terms and conditions of employment and/or which parts of their (national and/or regional) legislation have to be applied to workers posted to their territory;

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI

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

(b) take the necessary measures to make generally available on ~~internet site~~websites and by other means information on which collective agreements are applicable (and to whom), and ~~which terms and conditions of employment have to be applied by service providers from other Member States in accordance with Directive 96/71/EC, whereby,~~ where possible, links to existing internet sites and other contact points, in particular the relevant social partners, shall be provided;

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI, Pervenche BERÈS

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

(c) make the information available to workers and service providers in ~~languages other than the national language(s) of the country in which the services are provided~~the requested official EU language, if possible in summarised leaflet form indicating the main labour conditions applicable and upon requests in formats accessible to persons with disabilities; further detailed information on labour and social conditions including occupational health and safety shall be easily made available by different means of communication including contact points;

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI

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;

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Evelyn REGNER, Richard FALBR, Françoise CASTEX, Olle LUDVIGSSON, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Article 5 – paragraph 4

4. Where, in accordance with national law, traditions and practices and with full respect for the autonomy of the social partners, the terms and conditions of employment referred to in Article 3 of Directive 96/71/EC are laid down in collective agreements in accordance with aArticle 3 paragraph 1 and 8 of that Directive, Member States should ensure that the social partners shall identify these and make available the relevant information~~, in particular~~ concerning the different minimum rates of pay ~~and their constituent elements~~, the method used to calculate the remuneration ~~due~~ and the qualifying criteria ~~for classification in the different wage categories, , available in an accessible and transparent way for service providers from other Member States and posted workers~~. Terms and conditions of employment should be available in an accessible and transparent way.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Article 5 – paragraph 4 a (new)

4a. Commission and Member States shall ensure adequate support for joint initiatives of the relevant social partners at the European and national level aimed to inform undertakings and workers on the applicable terms and conditions laid down in this Directive and Directive 96/71/EC.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Article 5 a (new)

Article 5a Workers' access to information and advice 1. Posted workers shall have an independent right to information and advice on the applicable terms and conditions of work and employment provided by the receiving Member State in the desired official EU language. 2. Member States shall ensure that suitable contact points and bodies are available to which workers can turn for information, advice and support concerning their rights. This applies both to the receiving Member States and the sending Member States. 3. In case a Member State gives this task to a third party adequate funding must be ensured.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Evelyn REGNER, Richard FALBR, Françoise CASTEX, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI, Pervenche BERÈS

Proposal for a directive
Article 5 b (new)

Article 5b Temporary Information and consultation body for transnational workplaces 1. Member States shall ensure that a temporary transnational information and consultation body for transnational workplaces is established when at least two foreign service providers are posting workers to a workplace in order to inform and consult posted workers about their rights. 2. The central or local management of the main contractor shall be responsible to inform immediately the local workers representative bodies and initiate negotiations for the establishment of a temporary information and consultation body for transnational workplaces. The Member States shall determine the rules of procedure in accordance with the national practices. 3. The temporary information and consultation body for transnational workplaces shall be established for the whole duration of the workplace from the moment when at least two foreign services providers have posted workers on the workplace. 4. The temporary information and consultation body for transnational workplaces will be composed of representatives from the management of the main contractors and employee representatives.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI, Pervenche BERÈS

Proposal for a directive
Article 6 – paragraph 2

2. The cooperation of the Member States shall in particular consist in replying to ~~reasoned~~ requests for information without delay and to carry out checks, inspections and investigations from competent authorities with respect to the situations of posting referred to in Article 1 (3) of Directive 96/71/EC and relevant articles in this Directive, including investigation of any abuses of applicable rules on the posting of workers or possible cases of unlawful transnational activities.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI, Pervenche BERÈS

Proposal for a directive
Article 6 – paragraph 4

4. In the event of difficulty in meeting a request for information or in carrying out checks, inspections or investigations, the Member State in question shall rapidly inform the requesting Member State with a view to finding a solution as quickly as possible. Any permanent refusal to provide the requested data shall be considered an infringement to the EU law, as defined in TFEU Articles 258 and following.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Article 6 – paragraph 5 – subparagraph 1 a (new)

Cases in which Member States refuse to provide requested information shall be recorded by the Commission, including the responsible authorities involved.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI

Proposal for a directive
Article 6 – paragraph 5 – subparagraph 2

A specific urgency mechanism shall be used for special situations where a Member State becomes aware of particular circumstances requiring urgent action. In such circumstances, the information shall be submitted within 24 hours. This urgency mechanism shall be used where it is suspected that an undertaking does not genuinely perform substantial activities in the Member State of establishment in accordance with Article 3 of this Directive.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI, Pervenche BERÈS

Proposal for a directive
Article 6 – paragraph 5 – subparagraph 2 a (new)

This Article shall not preclude competent authorities in the host Member State from taking immediate measures to investigate, prevent and sanction social fraud.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Olle LUDVIGSSON, Sylvana RAPTI

Proposal for a directive
Article 6 – paragraph 7

7. Member States shall ensure the confidentiality of the information which they exchange~~. Information exchanged shall be used only in respect of the matter(s) for which it was requested~~ in accordance with national law and practice.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI

Proposal for a directive
Article 6 – paragraph 9

~~9. The Commission and the competent authorities shall cooperate closely in order to examine any difficulties which might arise in the application of Article 3(10) of Directive 96/71/EC.~~deleted

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Birgit SIPPEL, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Article 7 – title

Role of the Member State ~~of establishment~~s

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN

Proposal for a directive
Article 7 – paragraph 1

1. The Member State of establishment of the service provider shall continue to control, monitor and take the necessary supervisory or enforcement measures, in accordance with its national law, practice and administrative procedures, with respect to workers posted to another Member State.deleted

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Article 7 – paragraph 2

2. In the circumstances referred to in Article 3 (1) and (2) and Article 9(1), the Member State of establishment of the service provider shall assist the Member State to which the posting takes place to ensure compliance with the conditions applicable under Directive 96/71/EC and this Directive. The Member State of establishment of the service provider shall, on its own initiative, communicate to the Member State to which the posting takes place any relevant information as specified in Articles 3 (1) and (2) and 9(1), where the Member State of establishment of the service provider is aware of specific facts which indicate possible irregularities.deleted

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Article 7 – paragraph 3

3. Competent authorities of the host Member State may equally ask the competent authorities of the Member State of establishment, for each instance where services are provided or for each service provider, to provide information as to the legality of the service provider's establishment, the service provider's good conduct, and the absence of any infringement of the applicable rules. The competent authorities of the Member State of establishment shall provide this information in accordance with Article 6.deleted

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Article 7 – paragraph 4

4. The obligation laid down in paragraphs 1 and 2 shall not entail a duty on the part of the Member State of establishment to carry out factual checks and controls in the territory of the host Member State where the service is provided. Such checks and controls shall, if need be, be carried out by the authorities of the host Member State at the request of the competent authorities of the Member State of establishment, in accordance with Article 10 and in conformity with the powers of supervision provided for in the host Member State's national law, practice and administrative procedures and which respect Union law.deleted

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI, Pervenche BERÈS

Proposal for a directive
Article 7 a (new)

Article 7a 1. In accordance with Article 5 of the Directive 96/71/EC the Member State to which the posting takes place shall continue to control, monitor and take all the necessary supervisory or enforcement measures, in accordance with its national law and/or practice and administrative procedures, with respect to workers posted to its territory. 2. In accordance with the principles established in Article 4 and 5 of Directive 96/71/EC the Member State of establishment of the service provider shall also continue to control, monitor and take the necessary supervisory or enforcement measures, in accordance with its national law, practice and administrative procedures. To improve enforcement it shall support the competent authority of the Member State to which the posting takes place by providing in due time information on whether posting undertakings fulfil the minimum criteria outlined in Article 3 of this Directive and in Directive 96/71/EC. 3. Checks and controls shall be carried out by the authorities of the Member State to which the posting takes place in accordance with Article 10 and in conformity with the powers of supervision provided for in the Member State's national law, practice and administrative procedures. 4. Member States which discover that workers are being recruited solely for the purpose of posting to a third Member State or to work as bogus self-employed persons shall inform the competent authorities in the Member State to which the posting takes place without delay. 5. Member States shall provide the necessary resources in order to ensure effective checks and controls.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI, Pervenche BERÈS

Proposal for a directive
Article 8 – paragraph 1 a (new)

1a. The competent authorities in the host Member State shall record the relevant data with regard to Article 9, paragraph 1 (a). The competent authorities in the Member State of establishment shall record the relevant data with regard to Article 3, paragraph 1 and with regard to the payment of social security contributions and taxes by the service provider. The competent authorities in the host Member State and in the Member State of establishment shall both forward their data to the European Commission (Eurostat) for summaries and regular public reporting.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI

Proposal for a directive
Article 8 – paragraph 2

2. The Commission shall ~~assess the necessity for~~ensure adequate financial support in order to further improve administrative cooperation and increase mutual trust through projects, including promoting exchanges of relevant officials and training, as well as developing, facilitating and promoting best practice initiatives, including those of social partners at Union level, such as the development and updating of databases or joint websites containing general or sector- specific information concerning terms and conditions of employment to be respected.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Olle LUDVIGSSON, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI, Pervenche BERÈS

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

1. Member States ~~may only impose the following~~shall impose administrative requirements and effective control measures. These measures shall include in particular:

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Richard FALBR, Olle LUDVIGSSON, Sylvana RAPTI, Ole CHRISTENSEN, Pervenche BERÈS

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

(a) an obligation for a service provider established in another Member State to make a simple declaration to the responsible national competent authorities at the latest ~~at the commencement~~one month in advance of the service provision, whereby the declaration ~~may only cover~~shall cover in particular: - the identity of the service provider,; - the ~~presence of one or more clearly identifiable posted workers, their anticipated number, the anticipated duration and location of their presence, and~~anticipated number and the individual identification data of the posted workers; - the anticipated duration of posting; - the place where the service is to be provided; - the services justifying the posting;

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Olle LUDVIGSSON, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

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

(aa) an obligation for the service provider to inform the responsible national competent authorities without delay: - in case the posting does not or has not taken place or was terminated ahead of schedule; - in case the service justifying the posting is interrupted; - in case the posted worker has been assigned by his employer to another undertaking, in particular in the event of a merger or a transfer of undertaking; - in case of any other changes related to the information provided according to Article 9.1 (a);

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Evelyn REGNER, Richard FALBR, Françoise CASTEX, Olle LUDVIGSSON, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI, Pervenche BERÈS

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

(b) an obligation to keep or make available documents and/or retain copies in paper or electronic form for the competent authorities and the trade unions, at the place where the service is provided, during the period of service provision and up to two years after the period of service provision. This obligation concerns the following documents in particular: - a copy of the A1 form as proof of social security coverage in the home member state, - 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 ~~during the period of posting~~, - an assessment of the risks to safety and health at work, including protective measures to be taken, in accordance with Directive 89/391/EC, - where the posted worker is a third country national, copies of the work permit and of the residence permit. The documents shall be kept in an accessible and clearly identified place in ~~its~~the territory of the host Member State, 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;

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI, Pervenche BERÈS

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

(c) a translation ofin the ~~documents referred to under (b), may be justified provided~~requested official EU languages of these documents are ~~not excessively long and standardised forms are generally used for such documents~~ferred to under (b);

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

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

(ca) The Member State to which the posting takes place may require that the documents referred to under (b) and any additional mandatory documents are made available without delay to the competent national authorities.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI, Pervenche BERÈS

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

(d) an obligation to designate a ~~contact person~~legal representative with a residence in the Member State to which the posting takes place, during the period of posting and up to one year after the service provision to deal with administrative and judicial proceedings and 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.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Olle LUDVIGSSON, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

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

(da) other administrative requirements and control measures without which competent authorities cannot carry out their supervisory tasks effectively. These requirements shall be made publicly available.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Birgit SIPPEL, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Article 9 – paragraph 2

2. Member States shall ensure that the procedures and formalities relating to the posting of workers can be completed ~~easily~~ by undertakings, at a distance and by electronic means as far as possible.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Birgit SIPPEL, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Article 9 – paragraph 3

3. Within three years after the date referred to in Article 20, the ~~necessity~~effectiveness and appropriateness of the application of national control measures shall be reviewed in the light of the experiences with and effectiveness of the system for cooperation and exchange of information, the development of more uniform, standardised documents, the establishment of common principles or standards for inspections in the field of the posting of workers as well as technological developments, with a view to proposing, where appropriate, any necessary amendments or modifications.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI, Pervenche BERÈS

Proposal for a directive
Article 9 – paragraph 3 a (new)

3a. The Member State of establishment and the Member State to which the posting takes place have both the competence to check the regularity of labour relations and working conditions. In cases of conflicting interpretations the law of the Member State to which the posting takes place prevails.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Evelyn REGNER, Richard FALBR, Françoise CASTEX, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN

Proposal for a directive
Article 9 – paragraph 3 b (new)

3b. During the period of posting of a worker, inspection of the working conditions shall lie within the responsibility of the authorities or competent body of the Member State to which the posting takes place. They can carry out factual checks and controls on their own initiative and are not bound to any results of checks or controls carried out by the Member State of establishment.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Birgit SIPPEL, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Article 10 – paragraph 1

1. Member States shall ensure that ~~appropriat~~effective checks and monitoring mechanisms are put in place and that effective and adequate inspections are carried out on their territory in order to control and monitor compliance with the provisions and rules laid down in this Directive and Directive 96/71/EC and to guarantee its proper application and enforcement. Such inspections shall be based primarily on a risk assessment to be drawn up regularly by the competent authorities. The risk assessment shall identify the sectors of activity in which the employment of workers posted for the provision of services is concentrated on their territory. When making such risk assessment the realisation of big infrastructural projects, the special problems and needs of specific sectors, the past record of infringement, as well as the vulnerability of certain groups of workers shall be taken into account.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Birgit SIPPEL, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Article 10 – paragraph 2

2. Member States shall ensure that inspections and controls of compliance with this Directive and Directive 96/71/EC are not discriminatory and~~/or disproportionate~~ shall allocate the necessary resources for such inspections and controls.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Birgit SIPPEL, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Article 10 – paragraph 2 a (new)

2a. Measures to control the application of Directive 96/71 and to detect abuses in relation to the posting of workers are to be considered public policy provisions in the meaning of Declaration No 10 on Article 3 (10) of Directive 96/71, recorded in the minutes of the Council of the European Union when Directive 96/71 was adopted. Provisions of Member States to fight undeclared labour and to prevent social dumping cannot be restricted on grounds of potentially hampering the freedom to provide services as long as they are not protectionist or discriminatory.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Olle LUDVIGSSON, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Article 10 – paragraph 4

4. In Member States where, in accordance with national law and practice, the setting of the terms and conditions of employment of posted workers referred to in Article 3 of Directive 96/71/EC, and in particular the minimum rates of pay, including working time, is left to management and labour they may, at the appropriate level and subject to the conditions laid down by the Member States, ~~also the~~ monitor the application of the relevant terms and conditions of employment of posted workers~~, provided that an adequate level of protection equivalent to that resulting from Directive 96/71/EC and this Directive is guaranteed~~.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Article 11 – paragraph 1

1. For the enforcement of the obligations under ~~Article 6 of Directive 96/71/EC and this Directive~~this Directive and Directive 96/71/EC, Member States shall ensure that there are effective mechanisms for posted workers to lodge complaints against their employers directly, as well as the right to institute judicial or administrative proceedings, also in the Member State in whose territory the workers are or were posted, where such workers consider they have sustained loss or damage as a result of a failure to apply the applicable rules, even after the relationship in which the failure is alleged to have occurred has ended.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Frédéric DAERDEN, Olle LUDVIGSSON, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

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 Directive 96/71/EC and/or enforcing the obligations under this Directive and Directive 96/71/EC. Trade unions shall have the right of collective action in order to ensure compliance with the requirements of this Directive and Directive 96/71/EC and the possibility of taking representative action on behalf of posted workers.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Article 11 – paragraph 4

4. Paragraphs 1 and 3 shall apply without prejudice to national rules on prescription deadlines or time limits for bringing similar actions and to national rules of procedure concerning representation and defence before the courts. However, a minimum period of at least six months for filing a claim shall be provided for under national rules of procedure.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – introductory part

Member States shall ensure that the necessary mechanisms are in place to ensure that posted workers ~~are able to receive~~or bodies acting on their behalf are able to claim and receive any due entitlements.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point a

~~(a) any outstanding remuneration which, under the applicab~~dele te~~rms and conditions of employment covered by Article 3 of Directive 96/71/EC, would have been due;~~d

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point b

~~(b) refund of excessive costs, in relation to net remuneration or to the quality of the accommodation, withheld or deducted from wages for accommodation provided by the employer.~~deleted

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Article 11 – paragraph 5 – subparagraph 2

This paragraph shall also apply in cases where the posted workers have returned from the Member State to which the posting took place and also in the case of bogus self-employment.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Frédéric DAERDEN, Birgit SIPPEL, Sylvana RAPTI, Sergio Gaetano COFFERATI, Pervenche BERÈS

Proposal for a directive
Article 12

1. With respect to the construction activities referred 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: (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; (b) any back-payments or refund of taxes or social security contributions unduly with held from his/her salary. 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. 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. 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. 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.Article 12 deleted Subcontracting — Joint and several liability

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Emer COSTELLO, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Frédéric DAERDEN, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Article 12 – paragraph 1

1. With respect to the construction activities referred 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: (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. (b) any back-payments or refund of taxes or social security contributions unduly with held from his/her salary. 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

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Emer COSTELLO, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Frédéric DAERDEN, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

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

1. With respect to the construction activities referred 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: (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; (b) any back-payments or refund of taxes or social security contributions unduly with held from his/her salary.deleted

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Emer COSTELLO, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Frédéric DAERDEN, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

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

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Emer COSTELLO, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Frédéric DAERDEN, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

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

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Emer COSTELLO, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Frédéric DAERDEN, Birgit SIPPEL, Sergio Gaetano COFFERATI

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

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Emer COSTELLO, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Frédéric DAERDEN, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

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

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Minodora CLIVETI, Alejandro CERCAS, Emer COSTELLO, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Frédéric DAERDEN, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

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

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Emer COSTELLO, Liisa JAAKONSAARI, Evelyn REGNER, Richard FALBR, Frédéric DAERDEN, Françoise CASTEX, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI, Pervenche BERÈS

Proposal for a directive
Article 12 a (new)

Article 12a Subcontracting and liability 1. Each Member State shall take the necessary measures to ensure that an undertaking which appoints a subcontractor to provide services is liable, in addition to and/or in place of that subcontractor, for obligations of that subcontractor and any other intermediate. 2. This shall not in any way preclude the application of already existing more stringent rules at national level nor the introduction of those. 3. Member States may limit vertical subcontracting to three levels provided that the limitation is not discriminatory.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI, Pervenche BERÈS

Proposal for a directive
Article 13 – paragraph 2 – subparagraph 1

2. The requesting authority may, in accordance with the laws, regulations and administrative practices in force in its own Member State, request the competent authority in another Member State to recover a penalty ~~or fine~~, fine or retroactive social security contributions or notify a decision imposing a penalty or, a fine~~, in so far as the relevant laws, regulations and administrative practices in force in the requested authority's Member State allow such action for similar claims or decis~~ or retroactive social security contributions.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Article 13 – paragraph 2 – subparagraph 2

The competent authority in the requesting Member State shall ensure that the request for recovery of a penalty or a fine or notification of a decision imposing a penalty or fine is made in accordance with the rules in force in that Member State, whereas the competent requested authority shall ensure that such recovery or notification in the requested Member State is effected in accordance with the national laws, regulations and administrative practices in force in the latter.deleted

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Article 13 – paragraph 2 – subparagraph 3

The requesting authority may not make a request for recovery of a penalty or a fine or notification of a decision imposing a penalty or fine if and as long as the fine or penalty, as well the underlying claim and/or the instrument permitting its enforcement in the requesting Member State, are contested in that Member State.deleted

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI, Pervenche BERÈS

Proposal for a directive
Article 13 – paragraph 2 a (new)

2a. If it emerges that the service provider is indeed not established in the Member State of alleged establishment or the address or company data are false, the competent authorities shall not terminate the process on formal grounds but further investigate the matter in order to establish the identity of the natural or legal person responsible for the posting.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Article 14 – paragraph 2

2. For the purpose of recovery of a penalty ~~or fine or notification of a decision imposing a penalty or fine in the requested Member State, any fine or penalty~~, fine or retroactive payment of social security contributions or notification of a decision imposing a penalty, fine or retroactive payment of social security contributions in the requested Member State, any fine, penalty or retroactive payment of social security contributions in respect of which a request for recovery or notification has been made shall be treated as if it were a fine or penalty of the requested Member State.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Article 14 – paragraph 3 – subparagraph 1

3. The requested authority shall promptly inform the requesting authority of the action taken on its request for information, notification or recovery and, more specifically, of the date on which the instrument or decision was forwarded or notified to the addressee. The same shall apply if there are substantial obstacles to the request being successfully processed.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1

1. If, in the course of the recovery or notification procedure, the fine, penalty and/or underlying claim is contested in the requesting Member State by the service provider concerned ~~or an interested party~~in compliance with the regulations applicable for contestation,, the cross-border enforcement procedure of the fine or penalty imposed shall be suspended pending the decision of the appropriate national authority in the matter.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Article 18 – paragraph 1

1. The administrative cooperation and mutual assistance between the competent authorities of the Member States provided for in Articles 6, 7, 10(3), 13, 14 and 15 shall be implemented through the Internal Market Information System (IMI), established by [reference to IMI Regulation]89 or by other established methods of cooperation on which the Member States agree on a case-by-case basis or by means of bilateral agreements.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI, Pervenche BERÈS

Proposal for a directive
Article 18 – paragraph 2

2. Member States may continue to apply bilateral arrangements or conclude new bilateral agreements concerning administrative cooperation between their competent authorities as regards the application and monitoring of the terms and conditions of employment applicable to posted workers referred to in Article 3 of Directive 96/71/EC, in so far as these arrangements do not adversely affect the rights and obligations of the workers and companies concerned.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Sylvana RAPTI, Sergio Gaetano COFFERATI

Proposal for a directive
Article 18 – paragraph 3

3. In the context of bilateral agreements referred to in paragraph 2, competent authorities of the Member States shall use IMI as much as possible. In any event, where a competent authority in one of the Member States concerned has used IMI, it shall be used for any follow-up required and shall take precedence over the mechanism(s) foreseen in such a bilateral agreement with respect to administrative cooperation and mutual assistance.deleted

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Frédéric DAERDEN, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI, Pervenche BERÈS

Proposal for a directive
Article 19 a (new)

Article 19a Clause of non-regression - More favourable provisions 1. This Directive and Directive 96/71/EC are without prejudice to the Member States' right to apply or introduce legislative, regulatory or administrative provisions which are more favourable to workers or to promote or permit collective agreements concluded between the social partners which are more favourable to workers. 2. The implementation of this Directive shall under no circumstances constitute sufficient grounds for justifying a reduction in the general level of protection of workers in the fields covered by this Directive and Directive 96/71/EC. This is without prejudice to the rights of Member States and/or management and labour to lay down, in the light of changing circumstances, different legislative, regulatory or contractual arrangements to those prevailing at the time of the adoption of this Directive, provided that the minimum requirements laid down in this Directive are respected.

2013/01/21
Committee: EMPL

2012/0061(COD)

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Frédéric DAERDEN, Sylvana RAPTI, Sergio Gaetano COFFERATI, Pervenche BERÈS

Proposal for a directive
Article 21 – paragraph 1

No later than 5 years after the expiry of the deadline for transposition, the Commission shall report to the European Parliament, the Council ~~and~~, the European Economic and Social Committee and the Committee of the Regions on the implementation of this Directive, making appropriate proposals where necessary.

2013/01/21
Committee: EMPL

2011/2181(INI)

Draft opinion
Paragraph 2 a (new)

2a. Takes the view that the 2004 OECD definition of corporate governance should be adopted regarding the entire set of relations between a company’s management, its board, its shareholders and other stakeholders;

2011/10/13
Committee: EMPL

2011/2181(INI)

Draft opinion
Paragraph 3

3. Is of the opinion that employee participation in information, consultation and decision-making should be promoted and strengthened, as should co- determination schemes; notes that their privileged insight into internal company procedures enables employee representatives to contribute significantly to diversity and quality on supervisory boards;

2011/10/13
Committee: EMPL

2011/2181(INI)

Draft opinion
Paragraph 5

5. Calls for greater gender diversity in company ~~boards~~supervisory and management boards, which must established by a statutory quota;

2011/10/13
Committee: EMPL

2011/2181(INI)

Draft opinion
Paragraph 5 a (new)

5a.Takes the view that it is the responsibility of management and supervisory board members to avail themselves of the training and further training necessary for fulfilment of their tasks, with assistance from the company as necessary;

2011/10/13
Committee: EMPL

2011/2181(INI)

Draft opinion
Paragraph 6 a (new)

6a. Takes the view that employee financial participation alleviates social tensions while offering employees share income in addition to their agreed earnings; considers therefore that the development of a standard European employee participation model should be envisaged;

2011/10/13
Committee: EMPL

2011/2088(INI)

Draft opinion
Paragraph 5 a (new)

5a. Considers it essential that teachers benefit from a high standard of training throughout their careers so as to enable them to reorient their practice and hence gear it to the new requirements;

2011/06/09
Committee: EMPL

2011/2088(INI)

Draft opinion
Paragraph 6 a (new)

6a. Points out that, as many studies show, educational establishments which have greater problems as regards coexistence and integration among pupils also have higher drop-out rates; calls on the Member States, therefore, to bring more searching attention to bear on their national plans to foster integration and coexistence;

2011/06/09
Committee: EMPL

2011/2088(INI)

Draft opinion
Paragraph 6 b (new)

6b. Notes that ineffective policies on work-life balance increase the instances of early school leaving and academic failure in general; calls on the Member States to intensify their efforts to improve their work-life balance policies and to make preschool education widely available, as this would bring benefits in terms of school careers and reduce drop- out rates within the EU;

2011/06/09
Committee: EMPL

2011/2088(INI)

Draft opinion
Paragraph 6 c (new)

6c. Points out that the early school leaving rate is particularly high in rural regions and in areas economically dominated by sectors requiring a high proportion of seasonal work; calls on the Commission to increase the specific Structural Fund assistance, especially under the European Social Fund, allocated to those areas so as to help combat this phenomenon;

2011/06/09
Committee: EMPL

2011/2088(INI)

Draft opinion
Paragraph 7 a (new)

7a. Bearing in mind that instances of short-lived and insecure employment are higher among persons with little education, calls on the Commission to ensure that efforts to enable early school leavers to return to the labour market invariably go hand in hand with additional training programmes to improve their future employment prospects;

2011/06/09
Committee: EMPL

2011/2088(INI)

Draft opinion
Paragraph 8 a (new)

8a. Considers that a well-thought-out public education policy remains the best way overall to promote skills development, productivity, and employability; warns that the possible public spending cuts in the education sector on account of the economic crisis and the budgetary austerity policies being implemented in Member States will have adverse effects to the extent that they will further increase the numbers of early school leavers in the EU;

2011/06/09
Committee: EMPL

2011/2088(INI)

Verónica LOPE FONTAGNÉ, Jan KOZŁOWSKI, Karima DELLI, Jean LAMBERT, Frédéric DAERDEN, Alejandro CERCAS, Pervenche BERÈS, Marie-Christine VERGIAT, Patrick LE HYARIC, Ilda FIGUEIREDO, Sylvie GOULARD, Íñigo MÉNDEZ DE VIGO

Draft opinion
Paragraph 8 b (new)

8b. Considers that, to combat early school leaving, education policies must be linked to policies aimed at promoting economic recovery and hence at creating permanent jobs and averting any dropping-out of education, short-lived and insecure employment, and acceleration of the brain drain;

2011/06/09
Committee: EMPL

2011/2052(INI)

Motion for a resolution
Paragraph 3

3. Calls ~~for it to be made clear that the Commission will be legally accountable in~~ on the Commission to fully take account of the correct horizontal social clause as specified in Article 9 TFEU, under which the EU is to take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health, and calls for the Commission to specify how the Platform will affect assessments of the implementation of that clause; calls for the social impact assessments of European policies to go into greater depthe, even~~t that the horizontal social clause is not applied, and calls for the Commission to specify how the Platform will affect assessments of the implementation of that clause~~ where those policies are not initiated by the Commission but by the European Council, as in the case of the Euro Plus pact; considers that such an in- depth analysis of the application of this clause will make it possible to avoid a levelling-down of social standards in Europe and to promote the development of a common social basis in Europe; calls for this social impact assessment to be made with the associations active in combating poverty and to take account of the situation of the poorest people in Europe as a reference; considers that these assessments should involve the European Parliament, the Committee of the Regions, the European Economic and Social Committee and the Commission’s departments responsible for social affairs under the responsibility of a director- general reporting to the General Secretariat of the European Commission;

2011/09/09
Committee: EMPL

2011/2052(INI)

Frédéric DAERDEN, Alejandro CERCAS, Pervenche BERÈS

Motion for a resolution
Paragraph 3

3. Calls for it to be made clear that the Commission will be legally accountable in the event that the horizontal social clause is not applied, and calls for the Commission to specify how the Platform will affect assessments of the implementation of that clause; calls for the social impact assessments of European policies to go into greater depth, even where those policies are not initiated by the Commission but by the European Council, as in the case of the Europ Plus pact; considers that such an in-depth analysis of the application of this clause will make it possible to avoid a levelling- down of social standards in Europe and to promote the development of a common social basis in Europe; calls for this social impact assessment to take account of the situation of the poorest people in Europe; considers that these assessments should involve the Commission’s departments responsible for social affairs ;

2011/06/28
Committee: EMPL

2011/2052(INI)

Frédéric DAERDEN, Alejandro CERCAS, Sergio Gaetano COFFERATI

Motion for a resolution
Paragraph 13 a (new)

13a. Calls for the establishment of wage equality between men and women and for equal treatment of EU workers and third- country nationals;

2011/06/28
Committee: EMPL

2011/2048(INI)

Motion for a resolution
Paragraph 1 a (new)

1a. Notes that public procurement is a key market based instrument which plays a role in fostering sustainable employment and working conditions; calls for compliance with social standards and collective agreements and payment of statutory minimum wages and fees during performance of the contract and in the input and supply chain to be made a binding criterion for the award of contracts, with a view to enforcing the principle of equal pay for equal work performed in the same place;

2011/07/26
Committee: IMCO

2011/2048(INI)

Motion for a resolution
Paragraph 4 a (new)

4a. Regrets that the Green Paper does not use the opportunity to clarify the divergent views on public procurement in relation to the posting of workers1; takes the view, in this connection, that the EU should lay down general legal provisions governing working conditions during the performance of contracts which apply to both contractors and sub-contractors;

2011/07/26
Committee: IMCO

2011/2048(INI)

Motion for a resolution
Paragraph 4 b (new)

4b. Notes that 11 EU Member States have ratified ILO C94 on labour clauses in public contracts and calls on the Commission to encourage ratification of this Convention by all EU Member States to mitigate the unwelcome effects of recent ECJ court cases in this respect;

2011/07/26
Committee: IMCO

2011/2048(INI)

Motion for a resolution
Paragraph 5 a (new)

5a. Underlines that any revision of the Directives must reflect the provisions of the Lisbon Treaty, in terms of commitments to full employment, a social market economy, and the responsibilities relating to quality public services and the freedom of public authorities and Member States to decide on the financing, organisation and delivery of public services; this includes respect for the choice of public authorities to provide these services “in-house”, or through inter-municipal (public-public) co- operation, which should also be outside of the Public Procurement Directives;

2011/07/26
Committee: IMCO

2011/2048(INI)

Motion for a resolution
Paragraph 5 b (new)

5b. Supports the normative anchoring of a practical ‘in-house’ tendering option for SSGI, based on the model of the revised Regulation 1370/2007 on public passenger transport services by rail and road, which would provide that any competent local authority may decide to provide services itself or to award public service contracts to a legally distinct entity over which the competent local authority exercises control similar to that exercised over its own department;

2011/07/26
Committee: IMCO

2011/2048(INI)

Motion for a resolution
Paragraph 5 c (new)

5c. Calls for redefinition of the concept of ‘most economically advantageous offer’ so as to make national and local social and quality criteria for the delivery of SSGI an obligatory requirement in procurement contracts, including subcontracts;

2011/07/26
Committee: IMCO

2011/2048(INI)

Motion for a resolution
Paragraph 9

9. Takes the view that, in order to develop the full potential of public procurement, the criterion of the lowest price should be removed, and that ~~in principle there should be only one option for the award of contrac~~the existing Most Economically Advantageous Tender(MEAT) award criteria should be replaced by the Sustainably Most Advantageous Rated Tender (SMART) as a way to drive markets: t~~he most~~o supply more socially, economically, a~~dvantageous tender – including the entire life-cycle costs of the relevant goods, services or works – should be chosen~~nd environmentally sustainable products and services;

2011/07/26
Committee: IMCO

2011/2048(INI)

Motion for a resolution
Paragraph 10 a (new)

10a. Calls on the Commission to put forward a proposal for a European corporate social responsibility certification system and takes the view that, once such a system has been introduced, it should be possible for contracting authorities to include among the selection criteria for public procurement procedures the requirement that companies must have such certification or other forms of EU quality or environmental certification (or certification from other countries recognised as equivalent by the EU);

2011/07/26
Committee: IMCO

2011/2048(INI)

Motion for a resolution
Paragraph 13 a (new)

13a. Calls on the Commission to remove, or make considerably more flexible, the link to the subject matter of the contract to allow more effective social and environmental procurement choices, which will make public contracting more transparent;

2011/07/26
Committee: IMCO

2011/2048(INI)

Motion for a resolution
Paragraph 13 b (new)

13b. Stresses that it is essential to ensure that all the terms – in particular those covering working conditions and environmental and quality requirements – that contractors must meet are also met by sub-contractors; considers, furthermore, that a chain of liability should be established, under which contractors are held liable for any breaches by subcontractors, in particular in connection with working conditions, on the basis of a principle of joint and several liability between contractors and subcontractors;

2011/07/26
Committee: IMCO

2011/2048(INI)

Jutta STEINRUCK, Evelyn REGNER, Alejandro CERCAS, Andrea COZZOLINO

Motion for a resolution
Paragraph 22 a (new)

22a. Considers that relevant authorities should be able to impose penalties for failing to deliver on sustainable development objectives in accordance with the criteria indicated in the tender, including in the case of sub-contracting;

2011/07/26
Committee: IMCO

2011/0397(COD)

Proposal for a regulation
Recital 17

(17) ~~Ambiguity exists as to whether Member States may require~~Member States should ensure legally and without any ambiguity the takeover of staff upon a change of provider for groundhandling services ~~to which access is limited~~. Discontinuity of staff ~~can have~~has a detrimental effect on the quality of groundhandling services. ~~It is therefore appropriate to clarify t~~The rules on the t~~akeov~~ransfer of staff beyond the application of Directive 2001/23/EC on t~~ransfers of undertakings enabling Member States to ensure adequate employment and working conditions~~he change of groundhandling providers enabling Member States to safeguard employee´s rights, high labour standards and decent working conditions should be amended where necessary via provisions for the transfer of staff. Dismissal on economic, technical or organisational grounds should not be permitted in this context.

2012/06/26
Committee: EMPL

2011/0397(COD)

Jutta STEINRUCK, Alejandro CERCAS, Evelyn REGNER

Proposal for a regulation
Recital 28

(28) In a labour-intensive sector such as groundhandling, continuous staff development, education and training have a strong impact on service quality~~. Minimum training requirements should therefore be set to ensure~~ and the safety of operations. The competent authorities in the Member States in cooperation with EASA, airport operators and the social partners should set ambitious minimum standards to ensure the highest quality for education and training of employees in the groundhandling sector. These standards should be regularly updated and developed in order to contribute to the quality of operations in terms of reliability, resilience, safety and security, and to create a level playing field among operators. No new service providers should be approved until the required standards are met at the respective airport.

2012/06/26
Committee: EMPL

2011/0397(COD)

Jutta STEINRUCK, Alejandro CERCAS, Andrea COZZOLINO

Proposal for a regulation
Recital 31

(31) Member States should ~~retain the power to ensure~~ensure that the staff of undertakings providing groundhandling services enjoy an adequate level of social protection, f~~or the staff of undertaking providing groundhandling services~~air working conditions and decent living wages, which should also be ensured in the event of subcontracting and service contracts. No new service providers should be approved until the required standards are met at the respective airport.

2012/06/26
Committee: EMPL

2011/0397(COD)

Jutta STEINRUCK, Alejandro CERCAS, Ole CHRISTENSEN, Andrea COZZOLINO

Proposal for a regulation
Article 12 – title

Safeguarding of employees' rights in the event of transfer of staff ~~for services subject to market access restrictions~~

2012/06/26
Committee: EMPL

2011/0397(COD)

Jutta STEINRUCK, Alejandro CERCAS, Ole CHRISTENSEN, Andrea COZZOLINO

Proposal for a regulation
Article 12 – paragraph 1

1. This Article applies ~~only to~~to all groundhandling services ~~for which the Member State concerned has limited the number of suppliers in accordance with Article 6 or 14~~.

2012/06/26
Committee: EMPL

2011/0397(COD)

Jutta STEINRUCK, Evelyn REGNER, Alejandro CERCAS, Andrea COZZOLINO

Proposal for a regulation
Article 12 – paragraph 2

2. Where, following the selection procedure laid down in Articles 7 to 10, a supplier of groundhandling services mentioned in paragraph 1 loses its authorisation to provide these services or where a service provider ceases to provide groundhandling services to an airport user or where a self-handling airport user decides to cease self-handling, Member States ~~may~~shall require supplier(s) of groundhandling services or self-handling airport users which subsequently provide these services to grant staff previously hired to provide these services the rights to which they would have been entitled if there had been a transfer within the meaning of Council Directive 2001/23/EC17 . The provisions set out in Article 4(1), second sentence, of Directive 2001/23/EC shall not apply in these cases.

2012/06/26
Committee: EMPL

2011/0397(COD)

Jutta STEINRUCK, Evelyn REGNER, Alejandro CERCAS

Proposal for a regulation
Article 12 – paragraph 3

3. Member States shall limit the requirement in paragraph (2) to the employees of the previous supplier who are involved in the provision of services for which the previous supplier lost authorisation, and who ~~voluntarily~~ accept to be taken on by the new supplier(s) or self-handling airport user. The costs of redundancy plans for departing staff shall be borne by airport users in proportion to their share of traffic.

2012/06/26
Committee: EMPL

2011/0397(COD)

Jutta STEINRUCK, Evelyn REGNER, Alejandro CERCAS

Proposal for a regulation
Article 12 – paragraph 4

~~4. Member States shall limit the requirement in paragraph (2) so that it is to be proportionate to the volume of activity effectively transferred to the other supplier(s).~~deleted

2012/06/26
Committee: EMPL

2011/0397(COD)

Jutta STEINRUCK, Evelyn REGNER, Alejandro CERCAS, Ole CHRISTENSEN

Proposal for a regulation
Article 12 – paragraph 5

5. ~~Where a Member State imposes a requirement as referred to in paragraph (2), t~~Tender documents for the selection procedure laid down in Articles 7 to 10 shall list the staff concerned and give the relevant details of employees' contractual rights and the conditions under which employees are deemed to be linked to the services in question. Staff and union representatives shall have access to those lists.

2012/06/26
Committee: EMPL

2011/0397(COD)

Proposal for a regulation
Article 12 – paragraph 6

6. Where a supplier of groundhandling services stops providing to an airport user groundhandling services which constitute a significant part of the groundhandling activities of this supplier in cases not covered by paragraph (2), or where a self- handling airport user decides to stop self- handling, Member States may require the supplier(s) of groundhandling services or self-handling airport user which subsequently provide these groundhandling services to grant staff previously hired to provide these services the rights to which they would have been entitled if there had been a transfer within the meaning of Council Directive 2001/23/EC.deleted

2012/06/26
Committee: EMPL

2011/0397(COD)

Proposal for a regulation
Article 12 – paragraph 7

7. Member States shall limit the requirement in paragraph (6) to the employees of the previous supplier who are involved in the provision of groundhandling services that the previous supplier stops providing, and who voluntarily accept to be taken on by the new supplier(s) or self-handling airport user.deleted

2012/06/26
Committee: EMPL

2011/0397(COD)

Proposal for a regulation
Article 12 – paragraph 8

8. Member States shall limit the requirement in paragraph (6) to the employees of the self-handling airport user who are involved in the provision of groundhandling services for which the self-handling airport user decides to stop self-handling, and who voluntarily accept to be taken on by the new supplier(s) or self-handling airport user.deleted

2012/06/26
Committee: EMPL

2011/0397(COD)

Proposal for a regulation
Article 12 – paragraph 9

~~9. Member States shall limit the requirement in paragraph (6) so that it is to be proportionate to the volume of activity effectively transferred to the other supplier or self-handling airport user.~~deleted

2012/06/26
Committee: EMPL

2011/0397(COD)

Jutta STEINRUCK, Evelyn REGNER, Alejandro CERCAS, Andrea COZZOLINO

Proposal for a regulation
Article 20 – paragraph 1

An undertaking applying for an approval shall demonstrate that its employees have the qualification, professional experience and length of service necessary for the performance of the activity it applies for. Individual requirements concerning qualifications, professional experience and length of service shall be set for each airport by the competent authorities in the Member State in cooperation with EASA as well as the airport operator and the social partners concerned. Moreover, general standards for groundhandling staff shall be established at EU level by EASA in cooperation with the competent authorities of the Member States, the airport operators and social partners. These requirements shall be monitored by the competent authorities in the Member States in cooperation with EASA.

2012/06/26
Committee: EMPL

2011/0397(COD)

Proposal for a regulation
Article 34 – paragraph 1

1. Suppliers of groundhandling services and self-handling airport users shall ensure that all their employees involved in the provision of groundhandling services, including managing staff and supervisors, regularly attend specific and recurrent training to enable them to perform the tasks assigned to them and to prevent accidents and injuries. The competent authorities in the Member States shall monitor compliance with education and training standards. Recurrent training at the expense of the concerned groundhandling service provider or self-handling airport users may be required. No new service providers shall be approved until the required standards are met at the respective airport.

2012/06/26
Committee: EMPL

2011/0397(COD)

Proposal for a regulation
Article 34 – paragraph 2

2. Every employee involved in the provision of groundhandling services shall attend ~~at least two days of~~basic theoretical and practical education and specific training relevant for the ~~tasks~~ assigned t~~o the employee~~asks. Every employee shall attend ~~the~~ relevant training ~~when~~before taking up a new job or ~~when a new task is assigned to~~starting a newly assigned task. Airport specific details and the minimum duration concerning the education and training shall be determined by the competent authorities in Member States in cooperation with EASA as well as concerned airport operators and social partners. A practical and a theoretical test shall serve to demonstrate that the relevant skills and knowledge have been acquired during the courses. The training costs shall be borne in full by the employeers.

2012/06/26
Committee: EMPL

2011/0397(COD)

Proposal for a regulation
Article 34 – paragraph 3 – introductory part

3. Where relevant for the activity of the groundhandling services in question, training and tests shall cover at least:

2012/06/26
Committee: EMPL

2011/0397(COD)

Proposal for a regulation
Article 34 – paragraph 3 – subparagraph 1 (new)

The specific content of the courses and tests and their proper conduct shall be regulated and monitored by the competent authorities in Member States in cooperation with EASA. EASA shall define the training criteria to be met in order to establish a European certification standard for the safety-related functions as referred to in Article 21.

2012/06/26
Committee: EMPL

2011/0397(COD)

Proposal for a regulation
Article 39 – paragraph 1 – introductory part

1. The Commission shall submit a report to the European Parliament and the Council on the implementation of this Regulation not later than 53 years after the date of application of this Regulation. The report shall in particular assess ~~any significant~~the impact on the quality of groundhandling services, as well as employment and working conditions. The report shall ~~includ~~examine the following ~~set of~~ indicators and criteria ~~for a sample of airports~~:

2012/06/26
Committee: EMPL

2011/0397(COD)

Jutta STEINRUCK, Alejandro CERCAS, Evelyn REGNER, Andrea COZZOLINO

Proposal for a regulation
Article 39 – paragraph 1 – point l

(l) minimum quality standards for groundhandling undertakings in the Union with regard to the eleven categories of services;

2012/06/26
Committee: EMPL

2011/0397(COD)

Proposal for a regulation
Article 39 – paragraph 1 – point n

(n) transfer of staff and its impact on the protection of employees, particularly the number of staff transferred where a change of groundhandling service provider occurred, the number of staff who accepted voluntary redundancy where a change of groundhandling service providers occurred; the development of wages in the case of transferred workers; the number of cases brought before employment tribunals in connection with transfers; the number of staff who accepted voluntary redundancy and are dependent on payments from national social security systems;

2012/06/26
Committee: EMPL

2011/0397(COD)

Jutta STEINRUCK, Evelyn REGNER, Alejandro CERCAS, Andrea COZZOLINO

Proposal for a regulation
Article 39 – paragraph 1 – point o

(o) employment and working conditions in the groundhandling sector, particularly trends in wages and salaries in comparison with trends in prices charged for groundhandling and in comparison with changes in the productivity of groundhandling services at the airport as a whole and those supplied by individual groundhandling service providers.

2012/06/26
Committee: EMPL

2011/0397(COD)