BETA

Activities of Cecilia WIKSTRÖM related to 2012/0061(COD)

Plenary speeches (2)

Posting of workers in the framework of the provision of services (debate)
2016/11/22
Dossiers: 2012/0061(COD)
Posting of workers in the framework of the provision of services (debate)
2016/11/22
Dossiers: 2012/0061(COD)

Amendments (5)

Amendment 44 #
Proposal for a directive
Recital 24
(24) In view of the prevalence of subcontracting in the construction sector, 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 authorities.deleted
2013/01/28
Committee: JURI
Amendment 48 #
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
2013/01/28
Committee: JURI
Amendment 51 #
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
2013/01/28
Committee: JURI
Amendment 83 #
Proposal for a directive
Article 6 – paragraph 3
3. For the purpose of responding to a request for assistance from competent authorities in another Member State, Member States shall ensure that service providers established in their territory supply their competent authorities with all the information necessary for supervising their activities in compliance with their national laws. Where service providers fail to provide such information, appropriate action must be initiated by the competent authorities within the host state and where appropriate in cooperation with the competent authorities of the state of establishment.
2013/01/28
Committee: JURI
Amendment 108 #
Proposal for a directive
Article 12 – paragraph 1
1. With respect to the construction activities referMember States shall ensured to inhat the Annex to Directive 96/71/EC, for all posting situdirect employer shall be liable to pay any outstanding remuneration as 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 subcontr1 paragraph 5 a, the refund of excessive costs actcors 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 salaryding to Article 11 paragraph 5 b, any back-payments or refund of taxes or social security contributions. This shall also be ensured after the employee has returned to his/her home country or another Member State. Member States may apply more stringent rules at national level or introduce such rules.
2013/01/28
Committee: JURI