Activities of Marita ULVSKOG related to 2016/0070(COD)
Plenary speeches (1)
Posting of workers in the framework of the provision of services (debate) SV
Amendments (23)
Amendment 28 #
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) and 62, Article 62, Articles 151 and points (a) and (b) of 153(1) thereof,
Amendment 108 #
Proposal for a directive
Recital 8
Recital 8
Amendment 154 #
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 workerposting of workers in this sector, which is covered by this dDirective, raises particular legal questions and difficulties (especially where the link with the concerned Member State is insufficient). It would be most suited for these challenges to be addressed through sector-specific legislation together with other EU initiatives aimed at improving the functioning of the internal road transport marketwhich should be supplemented by sector-specific legislation.
Amendment 173 #
Proposal for a directive
Recital 11
Recital 11
(11) In a competitive internal market, service providers compete not only on the basis of a labour costs but also on factors such as productivity and, efficiency, or as well as the quality and innovation of their goods and services.
Amendment 183 #
Proposal for a directive
Recital 12
Recital 12
(12) It is within Member States' exclusive competence to set rules on remuneration in accordance with their law and practice. However, national rules on remuneration applied to posted workers must be justified by the need to protect posted workers and must not disproportionately restrict the cross-border provision of servnational law and practices.
Amendment 210 #
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 key elements for service providers and posted workers. The provision of information on the single website should be in line with national law and practice and should respect the autonomy of the social partners. The European Commission should regularly verify if the information on these websites is comprehensive, easily accessible and up to date.
Amendment 222 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) This Directive establishes a protective framework for posted workers, which is non-discriminatory, transparent and proportionate while respecting the diversity of national industrial relations. It does not prevent application of terms and conditions of employment which are more favourable to posted workers.
Amendment 242 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) Abuse and legal uncertainty in cases of chain postings and postings involving several jurisdictions should be prevented. Therefore, in cases where a posting situation falls under more than two national jurisdictions, the applicable terms and conditions of employment should be those established by the host Member State where the service is provided, without prejudice to more favourable conditions afforded to the worker under provisions from which the parties cannot derogate by agreement under the national law which would have applied otherwise.
Amendment 244 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) With a view to tackling abuses in subcontracting situations and in order to protect posted workers' rights, Member States should ensure, in accordance with national law and practices that posted workers receive all entitlements.
Amendment 276 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2 a
Article 2 a
Amendment 332 #
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 or a similar task at the same place, - be it by another posted worker or the same posted worker returning after a break - 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 six months.
Amendment 338 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2 a – paragraph 2 a (new)
Article 2 a – paragraph 2 a (new)
2a. The application of this Directive shall not have the result of depriving workers of more favourable terms and conditions of employment afforded to them under provisions from which the parties cannot derogate by agreement under the national law which would have applied in the absence of the situation referred to in paragraph 1.
Amendment 381 #
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 g a (new)
Article 3 – paragraph 1 – indent 2 – point g a (new)
(ga) provisions to cover travel, board and lodging expenses for workers away from home for professional reasons
Amendment 396 #
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 elements of remuneration rendered 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 arbitthe concept of remuneration shall be determined by the national law and praction awards within the meaning of paragraph 8 second subparagraph, ince of the Member State to whose territory the worker is posted.
Amendment 399 #
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 elements of remuneration rendered 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 arbitthe concept of remuneration shall be determined by the national law and/or praction awards within the meaning of paragraph 8 second subparagraph, ince of the Member State to whose territory the worker is posted.
Amendment 442 #
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)
Members States shall take appropriate actions to avoid double payments.
Amendment 473 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c a (new)
Article 1 – paragraph 1 – point 2 – point c a (new)
Directive 96/71/EC
Article 3 – paragraph 7 – subparagraph 1
Article 3 – paragraph 7 – subparagraph 1
Amendment 475 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c a (new)
Article 1 – paragraph 1 – point 2 – point c a (new)
Directive 96/71/EC
Article 3 – paragraph 7 – subparagraph 2
Article 3 – paragraph 7 – subparagraph 2
Amendment 477 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c b (new)
Article 1 – paragraph 1 – point 2 – point c b (new)
Directive 96/71/EC
Article 3 – paragraph 7 – subparagraph 2
Article 3 – paragraph 7 – subparagraph 2
Amendment 478 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c b (new)
Article 1 – paragraph 1 – point 2 – point c b (new)
Directive 96/71/EC
Article 3 – paragraph 7 a
Article 3 – paragraph 7 a
(cb) In paragraph 7, the following paragraph 7a is added: 7a. This Directive shall not affect the exercise of fundamental rights as recognised in Member States and at Union 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 practice. This Directive shall not affect the right to negotiate, conclude and enforce collective agreements and to take collective action in accordance with national law and practice.
Amendment 496 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point e
Article 1 – paragraph 1 – point 2 – point e
Directive 96/71/EC
Article 3 – paragraph 10
Article 3 – paragraph 10
(e) The second subparagraph of paragraph 10 is deleted.Paragraph 10 is replaced by the following 10. This Directive shall not preclude the application by Member States, in complior, in accordance with the Treatypractice in the Member State, by management and labour, to national undertakings and to the undertakings of other States, on a basis of equality of treatment, of; – terms and conditions of employment on matters other than those referred to in the first subparagraph of paragraph 1 in the case of social and public policy provisions, – employment laid down in the collective agreeincluding provisions which are appropriate to the attainments or arbitration awards within the meaning of paragraph 8 and concerning activities other than those referred to in the Annex.f the protection of workers, equal treatment, the prevention of social dumping, fair competition or the proper functioning of the labour market. terms and conditions of
Amendment 497 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point e
Article 1 – paragraph 1 – point 2 – point e
Directive 96/71/EC
Article 3 – paragraph 10
Article 3 – paragraph 10
(e) The second subparagraph of paragraph 10 is deleted.Paragraph 10 is replaced by the following: 10. This Directive shall not preclude the application by Member States, in compliance with the Treaty, and in line with national law and practice, of terms and conditions of employment to national undertakings and to the undertakings of other States, on a basis of equality of treatment, of: – terms and conditions of employmentperating on their territory on matters other than those referred to in the first subparagraph of paragraph 1, in the case of public policy provisions, – terms and c including non-ditions of employment laid down in the collective agreements or arbitration awards within the meaning of paragraph 8 and concerning activities other than those referred to in the Annexscriminatory measures to ensure the protection of workers, fair competition and the proper functioning of the labour market.
Amendment 511 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 96/71/EC
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
(2a) in article 4, after paragraph 3 the following paragraph is added: 3a. Employers shall take appropriate measures to provide essential information on the terms and conditions of employment, in accordance with Directive 91/533/EU, as regards the posting before the beginning of the posting.