Activities of Dennis de JONG related to 2016/0070(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council amending Directive 96/71/EC of the European Parliament and the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services
Amendments (13)
Amendment 38 #
Proposal for a directive
Recital 4
Recital 4
(4) Almost twenty years after its adoption, it is necessary to assess whether the Posting of Workers Directive still strikes the right balance between the need to promote the freedom to provide services and ensure a level playing field for undertakings operating in the internal market and the need to protect the rights of posted workers.
Amendment 50 #
Proposal for a directive
Recital 7
Recital 7
(7) The Rome I Regulation provides that the country where the work is habitually carried out shall not be deemed to have changed if he is temporarily employed in another country. It deems work carried out in another Member State to be temporary if the employee is expected to resume work in his or her Member State of origin after carrying out tasks abroad.
Amendment 62 #
Proposal for a directive
Recital 8
Recital 8
(8) In view of the long duration of certain posting assignments, it is necessary to provide that, in case of posting lasting for periods higher than 24two months, the host Member State is deemed to be the country inapplicable terms and conditions of employment should be those established by the host Member State, without prejudice to terms and conditions of employment which thare wmork is carried oute favourable to the worker. In accordance with the principle of Rome I Regulation, the law of the host Member Sates therefore applies to the employment contract of such posted workers if no other choice of law was made by the parties. In case a different choice was made, it cannot, however, have the result of depriving the employee of the protection afforded to him by provisions that cannot be derogated from by agreement under the law of the host Member State. This should apply from the start of the posting assignment whenever it is envisaged for more than 24two months and from the first day subsequent to the 24two months when it effectively exceeds this duration. This rule does not affect the right of undertakings posting workers to the territory of another Member State to invoke the freedom to provide services in circumstances also where the posting exceeds 24 months. The purpose is merely to create legal certainty in the application of the Rome I Regulation to a specific situation, without amending that Regulation in any way. The employee will in particular enjoy the protection and benefits pursuant to the Rome I Regulation.
Amendment 81 #
Proposal for a directive
Recital 10
Recital 10
(10) Because of the highly mobile nature ofThis Directive also applies to posted workers working in international road transport, the implementation of the posting of workers directive 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. In addition, particular legal questions and difficulties in that sector will have to be addressed through sector- specific legislation together with other EU initiatives aimed at improving the functioning of the internal road transport market.
Amendment 89 #
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 98 #
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 113 #
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. The provision of information on the single website should be in line with International Labour Organisation standards, the Council of Europe's European Social Charter, and the law and practice of the host Member State, and should respect the autonomy of the social partners. Travel, board, lodging and accommodation expenses should not be considered to be part of service providers' or the posted workers' remuneration, and expenses should not be deducted from their salaries.
Amendment 133 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) Undertakings providing cross- border services may post their workers in another Member State provided that the posted worker was employed by the undertaking concerned in his or her Member State of origin for 90 days during the 12-month period prior to the posting, and provided that those undertakings prove that they have substantial economic activities in that Member State.
Amendment 150 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – title
Article 2a – title
Posting exceeding twenty-fouro months
Amendment 155 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 1
Article 2a – paragraph 1
1. When the anticipated or the effective duration of posting exceeds twenty-fouro months, the Member State to whose territory a worker is posted shall be deemed to be the country in which his or her work is habitually carried out.
Amendment 194 #
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 administthe concept of remuneration shall be determined by the national law and practivce 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 arbitof the Member State where the worker is posted. Travel, board, lodging and accommodation expenses shall not be considered to be part of remuneration, awards within the meaning of paragraph 8 second subparagraph, in the Member State to whose territory the worker is postednd expenses shall not be deducted from salary.
Amendment 216 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c
Article 1 – paragraph 1 – point 2 – point c
Directive 96/71/EC
Article 3 – paragraph 1b
Article 3 – paragraph 1b
1b. Member States shall providensure that the undertakings referred to in Article 1(3)(c) guarantee posted workers the terms and conditions which apply pursuant to Art. 5icle 5 of Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work to temporary workers hired-out by temporary agencies established in tto temporary workers employed by temporary agencies established in the Member State where the work is carried out. Undertakings providing cross-border services may post their workers in another Member State provided that the posted worker was employed by the undertaking concerned in his or her Member State where the work is carried outof origin for 90 days during the 12-month period prior to the posting, and provided that those undertakings prove that they have substantial economic activities in that Member State.
Amendment 224 #
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 7a (new)
Article 3 – paragraph 7a (new)
(ca) the following paragraph is inserted: "7a. This Directive shall not affect the exercise of fundamental rights as recognised in the Council of Europe's European Social Charter, the International Labour Organisation's conventions and the law and practice of the host Member State."