5 Amendments of Jean LAMBERT related to 2010/0209(COD)
Amendment 60 #
Proposal for a directive
Recital 23
Recital 23
(23) Equal treatment should be granted under national law in respect of those branches of social security defined in Article 3 of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems. Since this Directive is without prejudice to provisions included in bilateral agreements, the social security rights enjoyed by third country national intra- corporate transferees on the basis of a bilateral agreement concluded between the Member State to which the person has been admitted and his or her country of origin could be strengthened compared to the social security rights which would be granted to the transferee under national law. This Directive should not confer more rights than those already provided for in existing Union legislation in the field of social security forAdequate social security coverage for intra-corporate transferees and their family members is a key element of this Directive and important for ensuring decent working and living conditions while staying in the Union. Equal treatment should be granted to third- country nationals in the framework of an intra-corporate transfer. Special attention should be given to provisions ensuring equal treatment as regards social security under national law in respect of those branches of social security defined in Article 3 of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems. Without prejudice to bilateral agreements providing better social security coverage, this Directive should establish mechanisms which ensure the effective coverage under social security during the stay and the mechanisms for exporting acquired rights where applicable. Any restrictions to the equal treatment in the field of social security under this Directive should be without prejudice to the rights conferred in application of Regulation (EU) No1231/2010 of the European Parliament and of the Council of 24 November 2010 extending Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 to nationals of third- country nationals who have cross-border interests between Member States. ies who are not already covered by these Regulations solely on the ground of their nationality¹. ____________ ¹ OJ L 344, 29.12.2010, p.1.
Amendment 169 #
Proposal for a directive
Article 14 – point 2 – point c
Article 14 – point 2 – point c
(c) without prejudice to existing bilateral agreements providing for better conditions, provisions in national law regarding the branches of social security defined in Article 3 of Regulation (EC) No 883/2004. In the event of mobility between Member States and without prejudice to existing bilateral agreements, providing for better conditions, Regulation (EC) No 1231/10 or where still applicable Council Regulation (EC) No 859/200315 shall apply accordingly;
Amendment 173 #
Proposal for a directive
Article 14 – point 2 – point c a (new)
Article 14 – point 2 – point c a (new)
(ca) third-country workers moving to a third country, or the survivors of such workers residing in a third-country deriving rights from the worker, shall receive, in relation to old-age, invalidity and death, statutory pensions based on the workers’ previous employment and acquired in accordance with the legislation set out in Article 3 of Regulation (EC) No 883/2004, under the same conditions and at the same rates as the nationals of the Member States concerned;
Amendment 174 #
Proposal for a directive
Article 14 – point 2 – point c b (new)
Article 14 – point 2 – point c b (new)
(cb) non-discriminatory access to the social security system of the place of work similar to other EU citizens working in this Member states under Regulation (EC) N° 883/2004;
Amendment 175 #
Proposal for a directive
Article 14 – point 2 – point c c (new)
Article 14 – point 2 – point c c (new)
(cc) entitlement to benefits which may be due in respect of any employment injury suffered, to compensation in lieu of any holiday entitlement acquired but not used and to reimbursement of social security contributions which have not given and do not give rise to rights under national laws or regulation or international arrangement, when moving to a third country;