Activities of Sari ESSAYAH related to 2012/0061(COD)
Plenary speeches (1)
Posting of workers in the framework of the provision of services (debate)
Amendments (11)
Amendment 141 #
Proposal for a directive
Recital 16
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 certainany control measures or 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 deemed to be effective 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 that purpose.
Amendment 170 #
Proposal for a directive
Recital 24
Recital 24
Amendment 174 #
Proposal for a directive
Recital 25
Recital 25
Amendment 177 #
Proposal for a directive
Recital 26
Recital 26
Amendment 294 #
Proposal for a directive
Article 12
Article 12
Amendment 373 #
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2 a. The employer shall communicate prior to the service provision to the competent authorities the information necessary to assess that the employer meets the requirements in Article 3 paragraph 1.
Amendment 394 #
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. The employer shall communicate prior to the service provision to the competent authorities the information necessary to assess that the employer meets the requirements in Article 3 paragraph 1.
Amendment 530 #
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Member States may onlyshall at least impose the following administrative requirements and control measures:
Amendment 544 #
Proposal for a directive
Article 9 – paragraph 1 – point a
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 atbefore the commencement of the service provision, whereby the declaration may only cover, in one of the official language(s) of the host Member State, shall cover at least: 1) the identity of the service provider, 2) the presence of one or more clearly identifiable posted workers, their anticipated number,anticipated number and the individual identification data of the posted workers, 3) the anticipated duration of posting and location of their presence, and the services justifying the posting; place where the service is to be provided, 4) the services justifying the posting and this declaration shall be updated if the information content changes prior or during the service provision.
Amendment 592 #
Proposal for a directive
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
(d) an obligation to designate a contact person to act as a legal representative or 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.
Amendment 824 #
Proposal for a directive
Article 18 – paragraph 3 a (new)
Article 18 – paragraph 3 a (new)
3a. The competent authority shall include the information referred to in Article 9 paragraph 1 points (a) and (d) and Article 3 paragraph 1 into the IMI system to be without delay available to other competent authorities.