BETA

44 Amendments of Liisa JAAKONSAARI related to 2012/0061(COD)

Amendment 75 #
Proposal for a directive
Recital 3 a (new)
(3a) This directive aims at better enforcement of Directive 96/71/EC. Therefore, the provision laid down in this directive shall be applicable without prejudice to Articles 4 and 5 of Directive 96/71/EC.
2013/01/17
Committee: EMPL
Amendment 78 #
Proposal for a directive
Recital 3 b (new)
(3b) The key characteristic of genuine posting is that the workers concerned are not seeking permanent access to the labour market of the host Member State to which they are posted.
2013/01/17
Committee: EMPL
Amendment 94 #
Proposal for a directive
Recital 8
(8) Trade unions play an important role in the context of the posting of workers for the provision of services since social partners may, in accordance with national law and/or practice, determine the different levels (alternatively or simultaneously) of the applicable minimum rates of payhis Directive and Directive 96/71/EC should not interfere with different national industrial relations and collective bargaining systems.
2013/01/17
Committee: EMPL
Amendment 113 #
Proposal for a directive
Recital 10 b (new)
(10b) Posted workers should not be used to replace workers on strike.
2013/01/17
Committee: EMPL
Amendment 117 #
Proposal for a directive
Recital 11 a (new)
(11a) Member States should take appropriate measures in order to prevent the misuse and/or circumvention of Directive 96/71/EC and this Directive by undertakings for the purpose of depriving posted workers of their rights or the withholding of such rights. In particular, posted workers sent to replace workers on strike, successive assignments to the same post and bogus self employment should be prevented.
2013/01/17
Committee: EMPL
Amendment 120 #
Proposal for a directive
Recital 11 d (new)
(11d) In case terms and conditions of employment in the Member State of establishment and/or the Member State to which the posting takes place are more favourable to posted workers than this Directive and/or Directive 96/71/EC, the more favourable terms and conditions should apply.
2013/01/17
Committee: EMPL
Amendment 133 #
Proposal for a directive
Recital 14 a (new)
(14a) Posted workers have an individual right to information and advice on the applicable terms and conditions of work and employment. It is the responsibility of the Member States to set up appropriate bodies to which posted workers can turn in this respect.
2013/01/17
Committee: EMPL
Amendment 144 #
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 certainthe necessary control measures orand 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 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 in order to effectively combat fraud and unfair competition.
2013/01/17
Committee: EMPL
Amendment 164 #
Proposal for a directive
Recital 23
(23) To facilitate the enforcement of Directive 96/71/EC and ensure more effective application of it, effective complaint mechanisms should exist through which posted workers may lodge complaints or engage in proceedings either directly or through relevant designated third parties, such as trade unions or other associations as well as common institutions of social partners. This should be without prejudice to national rules of procedure concerning representation and defence before the courts. Trade unions should have a right of collective action and the possibility of representative action.
2013/01/17
Committee: EMPL
Amendment 213 #
Proposal for a directive
Recital 33
(33) This Directive and Directive 96/71/EC respects the fundamental rights and observes the principles recognised in the European Convention on Human Rights, ILO Conventions and the Charter of Fundamental Rights of the European Union, notably protection of personal data (Article 8), the freedom to choose an occupation and right to engage in work (Article 15), the freedom to conduct a business (Article 16), the right to equality (Article 20), non-discrimination (Article 21), the right to collective bargaining and action (Article 28), fair and just working conditions (Article 31), and the right to an effective remedy and to a fair trial (Article 47) and has to be implemented in accordance with those rights and principles.
2013/01/17
Committee: EMPL
Amendment 239 #
Proposal for a directive
Article 2 – paragraph 1 – point a
(a) 'competent authority' means an authority body designated by a Member State to perform functions under this Directive, including social partners;
2013/01/21
Committee: EMPL
Amendment 250 #
Proposal for a directive
Article 3 – title
Preventing abuse and circumventionMinimum provisions for implementation and monitoring
2013/01/21
Committee: EMPL
Amendment 255 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – introductory part
1. For the purpose of implementing, applying and enforcing Directive 96/71/EC the competent authorities shall tmake into accountan overall assessment of all factual elements characterising the activities carried out by an undertaking in the Member State in which it is established and, where necessary, in the Member State to which the posting takes place in order to determine whether it genuinely performs substantial activities, other than purely internal management and/or administrative activities. Such elements may include in the Member State of establishment or the employment of staff only in the Member State to which the posting takes place. In particular, the following elements shall be taken into consideration:
2013/01/21
Committee: EMPL
Amendment 268 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point a
(a) the place where the undertaking has its registered office and administration, uses office space, pays taxes, has a professional licence or is registered with the chambers of commerce or professional bodiesperforms its substantial business activity in the sector where the posted worker is employed,
2013/01/21
Committee: EMPL
Amendment 275 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point a a (new)
(a a) the place where the undertaking pays taxes and social security contributions,
2013/01/21
Committee: EMPL
Amendment 276 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point a b (new)
(a b) the generation of more than 25% turnover in the Member State of establishment,
2013/01/21
Committee: EMPL
Amendment 279 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point b
(b) the place where posted workers are recruited and usually employed,
2013/01/21
Committee: EMPL
Amendment 283 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point c
(c) the law applicable to the contracts concluded by the undertaking with its workers, on the one hand, and with its clientsproportion of staff working in the Member State of establishment, on the one hand, and the place where the majority of contracts with clients are carried out, on the other hand,
2013/01/21
Committee: EMPL
Amendment 403 #
Proposal for a directive
Article 3 a (new)
Article 3a Prevention of misuse and circumvention 1. Member States shall take appropriate measures with a view to preventing the misuse and/or circumvention of this Article for the purpose of depriving workers of their rights or withholding such rights. In particular: (a) repeated periods during which the post is filled by the same or another posted worker shall be prevented; (b) posted workers shall not be used to replace workers who are on strike; 2. In order to prevent the systematic abuse of the common rules for access to the international road haulage market, as given by Regulation 1072/2009/EC, especially concerning cabotage, a driver in a vehicle used for international freight transport and in cabotage according to Article 8 of Regulation 1072/2009/EC, shall be covered by the provisions of Article 3; 3. Natural and legal persons, who repeatedly seriously violate the provisions of Directive 96/71/EC and this Directive, will be centrally recorded at national and Union level. 4. A European Labour Inspection shall be set up to enhance cooperation between national Labour Inspections and to inspect, in cooperation with national authorities, working places with cross- borders issues;
2013/01/21
Committee: EMPL
Amendment 406 #
Proposal for a directive
Article 3 b (new)
Article 3b Applicable law 1. Where it is not established that an undertaking performs genuine substantial activity in the Member State of establishment in accordance with Article 3.1, the undertaking shall be considered to be established in the Member State where it provides the service. 2. Where it is not established that a posted worker is temporarily carrying out work in a Member State other than the one in which he normally works in accordance with Article 3.2, the habitual place of employment, and thus the applicable terms and conditions of employment, shall be those of the Member State where the service is provided. 3. Terms and conditions of employment, as provided for in the national laws and collective agreements of the Member State of establishment and/or the Member State where the service is provided, which are more favourable to workers shall apply. 4. In the event of absence, lack or incompletion of documents such as the ones referred to in Article 3 of Directive 91/533 or the A1 certificate concerning the social security legislation, as stipulated for posted workers by Regulation 883/2004 and implementing Regulation 987/2009, the situation should not be characterised as one of 'temporarily posting' to another Member State, and thus the applicable terms and conditions of employment, shall be those of the Member State where the service is provided.
2013/01/21
Committee: EMPL
Amendment 429 #
Proposal for a directive
Article 5 – paragraph 2 – point c
(c) make the information available to workers and service providers in languages other than the national language(s) of the country in which the services are providedthe requested official EU language, if possible in summarised leaflet form indicating the main labour conditions applicable and upon requests in formats accessible to persons with disabilities; further detailed information on labour and social conditions including occupational health and safety shall be easily made available by different means of communication including contact points;
2013/01/21
Committee: EMPL
Amendment 443 #
Proposal for a directive
Article 5 – paragraph 2 – point e
(e) indicate, if possible, a contact person at the liaison office in charge of dealing with requests for information;
2013/01/21
Committee: EMPL
Amendment 488 #
Proposal for a directive
Article 6 – paragraph 7
7. Member States shall ensure the confidentiality of the information which they exchange. Information exchanged shall be used only in respect of the matter(s) for which it was requested in accordance with national law and practice.
2013/01/21
Committee: EMPL
Amendment 533 #
Proposal for a directive
Article 9 – paragraph 1 – introductory part
1. Member States may only impose the followingshall impose administrative requirements and effective control measures. These measures shall include in particular:
2013/01/21
Committee: EMPL
Amendment 542 #
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 at the commencementone month in advance of the service provision, whereby the declaration may only covershall cover in particular: - the identity of the service provider,; - the presence of one or more clearly identifiable posted workers, their anticipated number, the anticipated duration and location of their presence, andanticipated number and the individual identification data of the posted workers; - the anticipated duration of posting; - the place where the service is to be provided; - the services justifying the posting;
2013/01/21
Committee: EMPL
Amendment 553 #
Proposal for a directive
Article 9 – paragraph 1 – point a a (new)
(aa) an obligation for the service provider to inform the responsible national competent authorities without delay: - in case the posting does not or has not taken place or was terminated ahead of schedule; - in case the service justifying the posting is interrupted; - in case the posted worker has been assigned by his employer to another undertaking, in particular in the event of a merger or a transfer of undertaking; - in case of any other changes related to the information provided according to Article 9.1 (a);
2013/01/21
Committee: EMPL
Amendment 555 #
Proposal for a directive
Article 9 – paragraph 1 – point b
(b) an obligation to keep or make available documents and/or retain copies in paper or electronic form for the competent authorities and the trade unions, at the place where the service is provided, during the period of service provision and up to two years after the period of service provision. This obligation concerns the following documents in particular: - a copy of the A1 form as proof of social security coverage in the home member state, - of the employment contract (or an equivalent document within the meaning of Directive 91/533, including, where appropriate or relevant, the additional information referred to in Article 4 of that Directive), - payslips, - time-sheets and, - proof of payment of wages or copies of equivalent documents during the period of posting, - an assessment of the risks to safety and health at work, including protective measures to be taken, in accordance with Directive 89/391/EC, - where the posted worker is a third country national, copies of the work permit and of the residence permit. The documents shall be kept in an accessible and clearly identified place in itsthe territory of the host Member State, such as the workplace or the building site, or for mobile workers in the transport sector the operations base or the vehicle with which the service is provided;
2013/01/21
Committee: EMPL
Amendment 568 #
Proposal for a directive
Article 9 – paragraph 1 – point c
(c) a translation ofin the documents referred to under (b), may be justified providedrequested official EU languages of these documents are not excessively long and standardised forms are generally used for such documentsferred to under (b);
2013/01/21
Committee: EMPL
Amendment 578 #
Proposal for a directive
Article 9 – paragraph 1 – point c a (new)
(ca) The Member State to which the posting takes place may require that the documents referred to under (b) and any additional mandatory documents are made available without delay to the competent national authorities.
2013/01/21
Committee: EMPL
Amendment 587 #
Proposal for a directive
Article 9 – paragraph 1 – point d
(d) an obligation to designate a contact personlegal representative with a residence in the Member State to which the posting takes place, during the period of posting and up to one year after the service provision to deal with administrative and judicial proceedings and 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 597 #
Proposal for a directive
Article 9 – paragraph 1 – point d a (new)
(da) other administrative requirements and control measures without which competent authorities cannot carry out their supervisory tasks effectively. These requirements shall be made publicly available.
2013/01/21
Committee: EMPL
Amendment 600 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
1a. Measures aiming at combating grey economy, such as an obligation to designate an individual tax number for the employee.
2013/01/21
Committee: EMPL
Amendment 662 #
Proposal for a directive
Article 11 – paragraph 1
1. For the enforcement of the obligations under Article 6 of Directive 96/71/EC and this Directivethis Directive and Directive 96/71/EC, Member States shall ensure that there are effective mechanisms for posted workers to lodge complaints against their employers directly, as well as the right to institute judicial or administrative proceedings, also in the Member State in whose territory the workers are or were posted, where such workers consider they have sustained loss or damage as a result of a failure to apply the applicable rules, even after the relationship in which the failure is alleged to have occurred has ended.
2013/01/21
Committee: EMPL
Amendment 664 #
Proposal for a directive
Article 11 – paragraph 3
3. Member States shall ensure that trade unions and other third parties, such as associations, organisations and other legal entities which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that the provisions of this Directive and Directive 96/71/EC are complied with, may engage, on behalf or in support of the posted workers or their employer, with their approval in any judicial or administrative proceedings provided for with the objective of implementing this Directive and Directive 96/71/EC and/or enforcing the obligations under this Directive and Directive 96/71/EC. Trade unions shall have the right of collective action in order to ensure compliance with the requirements of this Directive and Directive 96/71/EC and the possibility of taking representative action on behalf of posted workers.
2013/01/21
Committee: EMPL
Amendment 677 #
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – introductory part
Member States shall ensure that the necessary mechanisms are in place to ensure that posted workers are able to receiveor bodies acting on their behalf are able to claim and receive any due entitlements.
2013/01/21
Committee: EMPL
Amendment 697 #
Proposal for a directive
Article 12
1. With respect to the construction activities referred to in the Annex to Directive 96/71/EC, for all posting situations 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 subcontractors 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 salary. The liability referred to in the present paragraph shall be limited to worker's rights acquired under the contractual relationship between the contractor and his subcontractor. 2. Member States shall provide that a contractor who has undertaken due diligence shall not be liable in accordance with paragraph 1. Such systems shall be applied in a transparent, non discriminatory and proportionate way. They may imply preventive measures taken by the contractor concerning proof provided by the subcontractor of the main working conditions applied to the posted workers as referred to in Article 3 (1) of Directive 96/71/EC, including pay slips and payment of wages, the respect of social security and/or taxation obligations in the Member State of establishment and compliance with the applicable rules on posting of workers. 3. Member States may, in conformity with Union law, provide for more stringent liability rules under national law on a non-discriminatory and proportionate basis in regard to the scope and range of subcontractor liability. Member States may also, in conformity with Union law, provide for such liability in sectors other than those contained in the Annex to Directive 96/71/EC. Member States may in these cases provide that a contractor that has undertaken due diligence as defined by national law shall not be liable. 4. Within three years after the date referred to in Article 20, the Commission shall, in consultation with the Member States and social partners at EU level, review the application of this Article with a view to proposing, where appropriate, any necessary amendments or modifications.Article 12 deleted Subcontracting — Joint and several liability
2013/01/21
Committee: EMPL
Amendment 700 #
Proposal for a directive
Article 12 – paragraph 1
1. With respect to the construction activities referred to in the Annex to Directive 96/71/EC, for all posting situations 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 subcontractors 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 salary. The liability referred to in the present paragraph shall be limited to worker's rights acquired under the contractual relationship between the contractor and his subcontractor.deleted
2013/01/21
Committee: EMPL
Amendment 701 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
1. With respect to the construction activities referred to in the Annex to Directive 96/71/EC, for all posting situations 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 subcontractors 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 salary.deleted
2013/01/21
Committee: EMPL
Amendment 718 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point a
(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;deleted
2013/01/21
Committee: EMPL
Amendment 736 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2
The liability referred to in the present paragraph shall be limited to worker's rights acquired under the contractual relationship between the contractor and his subcontractor.deleted
2013/01/21
Committee: EMPL
Amendment 744 #
Proposal for a directive
Article 12 – paragraph 2
2. Member States shall provide that a contractor who has undertaken due diligence shall not be liable in accordance with paragraph 1. Such systems shall be applied in a transparent, non discriminatory and proportionate way. They may imply preventive measures taken by the contractor concerning proof provided by the subcontractor of the main working conditions applied to the posted workers as referred to in Article 3 (1) of Directive 96/71/EC, including pay slips and payment of wages, the respect of social security and/or taxation obligations in the Member State of establishment and compliance with the applicable rules on posting of workers.deleted
2013/01/21
Committee: EMPL
Amendment 755 #
Proposal for a directive
Article 12 – paragraph 3
3. Member States may, in conformity with Union law, provide for more stringent liability rules under national law on a non-discriminatory and proportionate basis in regard to the scope and range of subcontractor liability. Member States may also, in conformity with Union law, provide for such liability in sectors other than those contained in the Annex to Directive 96/71/EC. Member States may in these cases provide that a contractor that has undertaken due diligence as defined by national law shall not be liable.deleted
2013/01/21
Committee: EMPL
Amendment 764 #
Proposal for a directive
Article 12 – paragraph 4
4. Within three years after the date referred to in Article 20, the Commission shall, in consultation with the Member States and social partners at EU level, review the application of this Article with a view to proposing, where appropriate, any necessary amendments or modifications.deleted
2013/01/21
Committee: EMPL
Amendment 770 #
Proposal for a directive
Article 12 a (new)
Article 12a Subcontracting and liability 1. Each Member State shall take the necessary measures to ensure that an undertaking which appoints a subcontractor to provide services is liable, in addition to and/or in place of that subcontractor, for obligations of that subcontractor and any other intermediate. 2. This shall not in any way preclude the application of already existing more stringent rules at national level nor the introduction of those. 3. Member States may limit vertical subcontracting to three levels provided that the limitation is not discriminatory.
2013/01/21
Committee: EMPL