BETA

Activities of Sari ESSAYAH related to 2012/0061(COD)

Plenary speeches (1)

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

Amendments (11)

Amendment 141 #
Proposal for a directive
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.
2013/01/17
Committee: EMPL
Amendment 170 #
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
2012/11/07
Committee: IMCO
Amendment 174 #
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
2012/11/07
Committee: IMCO
Amendment 177 #
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
2012/11/07
Committee: IMCO
Amendment 294 #
Proposal for a directive
Article 12
[...]deleted
2012/11/07
Committee: IMCO
Amendment 373 #
Proposal for a directive
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.
2013/01/21
Committee: EMPL
Amendment 394 #
Proposal for a directive
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.
2013/01/21
Committee: EMPL
Amendment 530 #
Proposal for a directive
Article 9 – paragraph 1 – introductory part
1. Member States may onlyshall at least impose the following administrative requirements and control measures:
2013/01/21
Committee: EMPL
Amendment 544 #
Proposal for a directive
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.
2013/01/21
Committee: EMPL
Amendment 592 #
Proposal for a directive
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.
2013/01/21
Committee: EMPL
Amendment 824 #
Proposal for a directive
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.
2013/01/21
Committee: EMPL