39 Amendments of Eduard KUKAN related to 2016/0070(COD)
Amendment 11 #
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1), 56 and 62 thereof,
Amendment 18 #
Proposal for a directive
Citation 3
Citation 3
After transmission of the draft legislative act to the national parliaments and following the 11 reasoned opinions by national parliaments objecting the Commission proposal,
Amendment 25 #
Draft legislative resolution
Citation 2
Citation 2
– having regard to Article 294(2) and Articles 53(1), 56 and 62 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8- 0114-2016),
Amendment 27 #
Proposal for a directive
Recital 2
Recital 2
(2) The freedom to provide services includes the right of undertakings to provide services in another Member State, to which they may post their own workers temporarily in order to provide those services there. The Treaty provides that restrictions on the freedom to provide services are prohibited.
Amendment 32 #
Proposal for a directive
Citation 2
Citation 2
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1), 56 and 62 thereof,
Amendment 34 #
Proposal for a directive
Recital 4
Recital 4
(4) Almost twenty years after its adoption, it is necessary to assess whetherenforce the rules and confirm that the Posting of Workers Directive still strikes the right balance between the need to promote the freedom to provide services and the need to protect the rights of posted workers.
Amendment 37 #
Proposal for a directive
Citation 3
Citation 3
After transmission of the draft legislative act to the national parliaments and following the 11 reasoned opinions by national parliaments objecting the Commission proposal,
Amendment 52 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7 a) The ECJ case-law has established that posted workers do not in any way gain access to the host country´s labour market if they return to their country of origin after completion of their work.
Amendment 54 #
Proposal for a directive
Recital 1
Recital 1
(1) The free movement of workers, freedom of establishment and freedom to provide services are fundamental principles of the internal market in the Union enshrined in the Treaty on the Functioning of the European Union (TFEU). The implementation of those principles is further developed by the Union aimed at guaranteeing a level playing field for businesses, fighting illegal practices and respect for the rights of workers.
Amendment 55 #
Proposal for a directive
Recital 7 b (new)
Recital 7 b (new)
(7 b) One of the aims of Directive 2014/67/EU is also to identify genuine posting and prevent abuse and circumvention.
Amendment 65 #
Proposal for a directive
Recital 2
Recital 2
(2) The freedom to provide services includes the right of undertakings to provide services in another Member State, to which they may post their own workers temporarily in order to provide those services there. The Treaty provides that restrictions on the freedom to provide services are prohibited.
Amendment 66 #
Proposal for a directive
Recital 8
Recital 8
(8) In view of the long duration of certain posting assignments, it is necessary to provide that, in case of posting lasting for periods higher than 24 uninterrupted months, the host Member State is deemed to be the country in which the work is carried out. In accordance with the principle of Rome I Regulation, the law of the host Member Sates therefore applies to the employment contract of such posted workers if no other choice of law was made by the parties. In case a different choice was made, it cannot, however, have the result of depriving the employee of the protection afforded to him by provisions that cannot be derogated from by agreement under the law of the host Member State. This should apply from the start of the posting assignment whenever it is envisaged for more than 24 uninterrupted months and from the first day subsequent to the 24 uninterrupted months when it effectively exceeds this duration. This rule does not affect the right of undertakings posting workers to the territory of another Member State to invoke the freedom to provide services in circumstances also where the posting exceeds 24 uninterrupted months. The purpose is merely to create legal certainty in the application of the Rome I Regulation to a specific situation, without amending that Regulation in any way. The employee will in particular enjoy the protection and benefits pursuant to the Rome I Regulation.
Amendment 76 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9 a) Directive 2014/67/EU on the enforcement of Directive 96/71/EC provides a number of provisions to make sure that rules on posting of workers are enforced and are respected by all service providers. Article 4 of the enforcement directive provides a list of elements that should be assessed in order to identify the genuine posting and prevent abuse and circumvention.
Amendment 81 #
Proposal for a directive
Recital 4
Recital 4
(4) Almost twenty years after its adoption, it is necessary to assess whetherenforce the rules and confirm that the Posting of Workers Directive still strikes the right balance between the need to promote the freedom to provide services and the need to protect the rights of posted workers.
Amendment 86 #
Proposal for a directive
Recital 10
Recital 10
(10) Because of the highly mobile nature of work in international road transport, the implementation of the posting of workers directive raises particular legal questions and difficulties (especially where the link with the concerned Member State is insufficient). It would be most suitTherefore transport services such as transit, international transport and linked cabotage are excluded forom these challenges to scope of this Directive and should be addressed through sector-specific legislation together with other EU initiatives aimed at improving the functioning of the internal road transport market.
Amendment 103 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) The ECJ case-law has established that posted workers do not in any way gain access to the host country´s labour market if they return to their country of origin after completion of their work.
Amendment 103 #
Proposal for a directive
Recital 12
Recital 12
(12) It is within Member States' competence to set rules on remuneration in accordance with their law and practice and in compliance with article 56 of the Treaty on the Functioning of the European Union. However, national rules on remuneration applied to posted workers must be justified by the need to protect posted workers and must not disproportionately restrict the cross-border provision of services.
Amendment 105 #
Proposal for a directive
Recital 7 b (new)
Recital 7 b (new)
(7b) The aim of Directive 2014/67/EU is also to identify genuine posting and prevent abuse and circumvention.
Amendment 114 #
Proposal for a directive
Recital 13
Recital 13
(13) The elements of remuneration under national law or universally applicable collective agreements should be clear and transparent to all service providers and posted workers. It is therefore justified to impose on Member States the obligation to publish the constituent elements of remuneration on the single website provided for by Article 5 of the Enforcement Directive as transparency and access to information are crucial for both service providers and posted workers. A single information point established by the Member State shall provide information on national labour laws pertaining to posting companies. This single information point shall be ready to assist by email or personal support in several EU languages in order to support and encourage free movement of services across the EU.
Amendment 123 #
Proposal for a directive
Recital 8
Recital 8
(8) In view of the long duration of certain posting assignments, it is necessary to provide that, in case of posting lasting for periods higher than 24 uninterrupted months, the host Member State is deemed to be the country in which the work is carried out. In accordance with the principle of Rome I Regulation, the law of the host Member Sates therefore applies to the employment contract of such posted workers if no other choice of law was made by the parties. In case a different choice was made, it cannot, however, have the result of depriving the employee of the protection afforded to him by provisions that cannot be derogated from by agreement under the law of the host Member State. This should apply from the start of the posting assignment whenever it is envisaged for more than 24 uninterrupted months and from the first day subsequent to the 24 uninterrupted months when it effectively exceeds this duration. This rule does not affect the right of undertakings posting workers to the territory of another Member State to invoke the freedom to provide services in circumstances also where the posting exceeds 24 uninterrupted months. The purpose is merely to create legal certainty in the application of the Rome I Regulation to a specific situation, without amending that Regulation in any way. The employee will in particular enjoy the protection and benefits pursuant to the Rome I Regulation.
Amendment 141 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) Directive 2014/67/EU on the enforcement of Directive 96/71/EC provides a number of provisions to make sure that rules on posting of workers are enforced and are respected by all service providers. Article 4 of the enforcement directive provides a list of elements that should be assessed in order to identify the genuine posting and prevent abuse and circumvention.
Amendment 150 #
Proposal for a directive
Recital 10
Recital 10
(10) Because of the highly mobile nature of work in international road transport, the implementation of the posting of workers directive raises particular legal questions and difficulties (especially where the link with the concerned Member State is insufficient). It would be most suited for these challenges to be addressed through sector-specific legislation together with other EU inwhich should be addressed through sector-specific legislation. Accordingly, this directive should apply to international road transport in a way that would not hinder internal road transport market nor compromise the principles of sincere cooperation and solidarity between Member States, while some non- posting categories of international road transport such as international haulage, transit or linked cabotage should be considered as being out of the scope of the directive. Member States are also obliged to refrain from imposing excessive requirements on carriers in posting sitiuatives aimed at improving the functioning of the internal road transport maons, namely refrain from requirements likely to render posting legally uncertain for posted workers and undertakings, and thus compromise the protection of worketrs.
Amendment 159 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 1
Article 2a – paragraph 1
1. When the anticipated or the effective duration of posting exceeds twenty-four uninterrupted months, the Member State to whose territory a worker is posted shall be deemed to be the country in which his or her work is habitually carried out.
Amendment 166 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 2
Article 2a – paragraph 2
2. For the purpose of paragraph 1, in case of replacement of posted workers performing the same task at the same place, the cumulative duration of the posting periods of the workers concerned shall be taken into account, with regard to workers that are posted for an effective duration of at least sixeight months.
Amendment 173 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – indent 2
Article 3 – paragraph 1 – indent 2
- by collective agreements or arbitration awards which have been declared universally applicable within the meaning of paragraph 8 as long as they are published on the single official national website referred to in Article 5 of Directive 2014/67/EU:
Amendment 176 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1– indent 2 – point b
Article 3 – paragraph 1– indent 2 – point b
(b) minimum paid annual holidaysleave
Amendment 189 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 1 a (new)
Article 3 – paragraph 1 – subparagraph 1 a (new)
The subparagraph of paragraph 1(b) and (c) shall not apply if the period of posting does not exceed eight days.
Amendment 204 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 3 a (new)
Article 3 – paragraph 1 – subparagraph 3 a (new)
Member States shall establish single information points providing information and advice for posting companies on their national labour law.
Amendment 209 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 96/71/EC
Article 3 – paragraph 1a
Article 3 – paragraph 1a
Amendment 217 #
Proposal for a directive
Recital 13
Recital 13
(13) The elements of remuneration under national law or universally applicable collective agreements should be clear and transparent to all service providers and posted workers. It is therefore justified to impose on Member States the obligation to publish the constituent elements of remuneration on the single website provided for by Article 5 of the Enforcement Directive as transparency and access to information are crucial for both service providers and posted workers. A single information point established by the Member State shall provide information on national labour laws pertaining to posting companies. This single information point shall be ready to assist by email or personal support in several EU languages in order to support and encourage free movement of services across the EU.
Amendment 333 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 2
Article 2a – paragraph 2
2. For the purpose of paragraph 1, in case of replacement of posted workers performing the same task at the same place, the cumulative duration of the posting periods of the workers concerned shall be taken into account, with regard to workers that are posted for an effective duration of at least sixeight months.
Amendment 358 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – indent 2
Article 3 – paragraph 1 – indent 2
– by collective agreements or arbitration awards which have been declared universally applicable within the meaning of paragraph 8 as long as they are published on the single official national website referred to in Article 5 of Directive 2014/67/EU:
Amendment 364 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – indent 2 – point b
Article 3 – paragraph 1 – indent 2 – point b
(b) minimum paid annual holidaysleave
Amendment 377 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – indent 2 – point c
Article 3 – paragraph 1 – indent 2 – point c
(c) total amount of remuneration, including overtime rates; this point does not apply to supplementary occupational retirement pension schemes;
Amendment 389 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 1 a (new)
Article 3 – paragraph 1 – subparagraph 1 a (new)
The subparagraph of paragraph 1(b) and (c) shall not apply if the period of posting does not exceed eight days.
Amendment 402 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
For the purpose of this Directive, remuneration means all the elemethe total amounts of remuneration rendeferred mandatory by national law, regulation or administrative provision, collective agreements or arbitration awards which have been declared universally applicable and/or, in the absence of a system for declaring collective agreements or arbitration awards to be of universal application, other collective agreements or arbitration awards within the meaning of paragraph 8 second subparagraph, into in paragraph 1(c), including its obligatory elements, shall be determined by the national law and practice of the Member State to whose territory the worker is posted.
Amendment 417 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2 a (new)
Article 3 – paragraph 1 – subparagraph 2 a (new)
When the total amount of remuneration in home Member State is equal or above total amount of remuneration as set by the hosting state, all required elements are considered to be covered.
Amendment 441 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 3 a (new)
Article 3 – paragraph 1 – subparagraph 3 a (new)
Member States shall establish single information points providing information and advice for posting companies on their national labour law.
Amendment 451 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 96/71/EC
Article 3 – paragraph 1a
Article 3 – paragraph 1a