89 Amendments of Rafał TRZASKOWSKI related to 2012/0061(COD)
Amendment 82 #
Proposal for a directive
Recital 4
Recital 4
(4) In order to prevent, avoid and combat circumvention and/or abuse of the applicable rules by companies taking improper or fraudulent advantage of the freedom to provide services enshrined in the Treaty and/or the application of Directive 96/71/EC the implementation and monitoring of the notion of posting should be improved, taking into consideration the principles of proportionality and non-discrimination.
Amendment 86 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) All measures introduced by the Directive must be justified, proportionate and non-discriminatory so that they do not create administrative burdens and do not lock the potential that companies, in particular small and medium enterprises have in creating new jobs, while protecting posted workers.
Amendment 95 #
Proposal for a directive
Recital 8
Recital 8
(8) Trade unionSocial partners play an important role in the context of the posting of workers for the provision of services since social partnersthey may, in accordance with national law and/or practice, determine the different levels (alternatively or simultaneously) of the applicable minimum rates of pay. This right should come together with their responsibility for communicating and informing about the aforementioned rates.
Amendment 104 #
Proposal for a directive
Recital 10
Recital 10
(10) Adequate and effective implementation and enforcement are key elements in protecting the rights of posted workers and ensuring the right of undertakings to provide services in another Member State, whereas poor enforcement undermines the effectiveness of the Union rules applicable in this area. Close cooperation between the Commission and the Member States is therefore essential, without neglecting the important role of labour inspectorates and the social partners in this respect.
Amendment 116 #
Proposal for a directive
Recital 11
Recital 11
(11) Mutual trust, a spirit of cooperationTaking into account that the ability of the host Member State to establish factual elements regarding the foreign undertaking is limited, cooperation with the Member State of establishment is crucial and needs to be further improved. Mutual trust, a spirit of assistance, continuous dialogue and mutual understanding are essential in this respect.
Amendment 129 #
Proposal for a directive
Recital 2
Recital 2
(2) The free movement of workers gives every citizen the right to move freely to another Member State to work and reside there for that purpose and protects them against discrimination as regarddom to provide services includes the right of undertakings to provide services in another Member State, for which they may send ('post') their own workers temployment, remuneration and oorarily to carry out ther working conditions in comparison to nationals of that Member State. It need necessary to provide these services there. It is necessary for the purpose of the posting of workers to be distinguished this freedom from the freedom to provide services, which includes the right of undertakings to provide services in another Member State, for which they may send (‘post’) their own worker movement of workers, which gives every citizen the right to move freely to another Member State to work and reside there for that purpose and protects them against discrimination as regards temporarily to carry out loyment, remuneration and other work necessary to provide these services thering conditions in comparison to nationals of that Member State.
Amendment 135 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) Where terms and conditions of employment are laid down in collective agreements which have been declared universally applicable, Member States should ensure that these collective agreements are officially published and accessible.
Amendment 135 #
Proposal for a directive
Recital 4
Recital 4
(4) In order to prevent, avoid and combat circumvention and/or abuse of the applicable rules by companies taking improper or fraudulent advantage of the freedom to provide services enshrined in the Treaty and/or the application of Directive 96/71/EC the implementation and monitoring of the notion of posting should be improved, taking into consideration the principles of proportionality and non-discrimination.
Amendment 138 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4 a) All measures introduced by the Directive must be justified, proportionate and non-discriminatory so that they do not create administrative burdens and do not lock the potential that companies, in particular small and medium enterprises have in creating new jobs, while protecting posted workers.
Amendment 139 #
Proposal for a directive
Recital 5
Recital 5
(5) Therefore, the constituent factual elements characterising the temporary nature inherent to the notion of posting, which implies that the employer should be genuinely established in the Member State from which the posting takes place, as well as the relationship between Directive 96/71/EC and Regulation (EC) No 593/2008 on the law applicable to contractual obligations (hereinafter the ‘Rome I Regulation’) need to be further clarified, so that a broad application of the Directive is ensured.
Amendment 143 #
Proposal for a directive
Recital 8
Recital 8
(8) Trade unionSocial partners play an important role in the context of the posting of workers for the provision of services since social partnersthey may, in accordance with national law and/or practice, determine the different levels (alternatively or simultaneously) of the applicable minimum rates of pay .This right should come together with their responsibility for communicating and informing about the aforementioned rates.
Amendment 148 #
Proposal for a directive
Recital 10
Recital 10
(10) Adequate and effective implementation and enforcement are key elements in protecting the rights of posted workers and ensuring the right of undertakings to provide services in another Member State, whereas poor enforcement undermines the effectiveness of the Union rules applicable in this area. Close cooperation between the Commission and the Member States is therefore essential, without neglecting the important role of labour inspectorates and the social partners in this respect.
Amendment 149 #
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 certainsuch control measures or administrative formalities to undertakings posting workers for the provision of services. Such control measures or administrative formalities should be proportionate and not entail unjustified, excessive administrative burdens. 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.
Amendment 150 #
Proposal for a directive
Recital 11
Recital 11
(11) Mutual trust, a spirit of cooperationTaking into account that the ability of the host Member State to establish factual elements regarding the foreign undertaking is limited, cooperation with the Member State of establishment is crucial and needs to be further improved. Mutual trust, a spirit of assistance, continuous dialogue and mutual understanding are essential in this respect.
Amendment 157 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14 a) Where terms and conditions of employment are laid down in collective agreements which have been declared universally applicable, Member States should ensure that these collective agreements are officially published and accessible.
Amendment 158 #
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 certainsuch control measures or administrative formalities to undertakings posting workers for the provision of services. Such control measures or administrative formalities should be proportionate and not entail unjustified, excessive administrative burdens. 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.
Amendment 163 #
Proposal for a directive
Recital 18
Recital 18
(18) To ensure better and more uniform application of Directive 96/71/EC as well as its enforcement in practice, and to reduce, as far as possible, differences in the level of application and enforcement across the Union, Member States should ensure that effective and, adequate, proportionate and non-discriminatory inspections are carried out on their territory and that inspected undertakings are provided with information in writing on the result of the inspection.
Amendment 166 #
Proposal for a directive
Recital 19
Recital 19
(19) National labour inspectorates, social partners and other monitoring bodauthorities are of paramount importance in this respect and should continue to play a crucial role.
Amendment 168 #
Proposal for a directive
Recital 24
Recital 24
Amendment 168 #
Proposal for a directive
Recital 23
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, with their approval, 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.
Amendment 171 #
Proposal for a directive
Recital 24
Recital 24
Amendment 175 #
Proposal for a directive
Recital 25
Recital 25
Amendment 178 #
Proposal for a directive
Recital 26
Recital 26
Amendment 181 #
Proposal for a directive
Recital 27
Recital 27
(27) The disparities between the systems of the Member States for enforcing imposed administrative fines and/or penalties in regard to posting of workers situations in accordance with this Directive and Directive 96/71, in cross-border situations are prejudicial to the proper functioning of the internal market and risk making it very difficult, if not impossible, to ensure that posted workers enjoy an equivalent level of protection throughout the Union.
Amendment 182 #
Proposal for a directive
Recital 25
Recital 25
Amendment 182 #
Proposal for a directive
Recital 28
Recital 28
(28) Effective enforcement of the substantive rules governing the posting of workers for the provision of services should be ensured by specific action focusing on the cross-border enforcement of imposed administrative fines and penalties in regard to posting of workers situations in accordance with this Directive and Directive 96/71. Approximation of the legislation of the Member States in this field is therefore an essential prerequisite in order to ensure a higher, more equivalent and comparable level of protection necessary for the proper functioning of the internal market.
Amendment 183 #
Proposal for a directive
Recital 29
Recital 29
(29) The adoption of common rules for providing mutual assistance and support for enforcement measures and the associated costs, as well as the adoption of uniform requirements for the notification of decisions relating to administrative penalties and fines imposed in regard to posting of workers situations in accordance with this Directive and Directive 96/71, should resolve a number of practical cross-border enforcement problems and guarantee better communication and better enforcement of such decisions emanating from another Member State.
Amendment 184 #
Proposal for a directive
Recital 30
Recital 30
(30) Notwithstanding the establishment of more uniform rules with respect to the cross-border enforcement of penalties and fines in regard to posting of workers situations in accordance with this Directive and Directive 96/71 and the need for more common criteria for follow-up procedures in the event of the non-payment of these they should not affect the Member States' competences to determine their system of penalties, sanctions and fines or the recovery measures available under their internal legislation.
Amendment 188 #
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
This Directive aims to facilitate the exercise of the freedom to provide services for service providers and promoting fair competition between service providers, while guaranteeing respect for an appropriate level of minimum protection of the rights of posted workers for the cross-border provision of services, while facilitating the exercise of the freedom to provide services for service providers and promoting fair competition between service providers.
Amendment 190 #
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘competent authority’ means anpublic authorityies of a Member State designated by athis Member State to perform functions under this Directive;
Amendment 193 #
Proposal for a directive
Recital 26
Recital 26
Amendment 193 #
Proposal for a directive
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(c a) "undertaking established in a Member State" means an undertaking which actually pursues an economic activity, as referred to in Article 49 of the Treaty on the Functioning of the European Union, by the provider for an indefinite period and through a stable infrastructure from where the business of providing services is actually carried out;
Amendment 202 #
Proposal for a directive
Recital 27
Recital 27
(27) The disparities between the systems of the Member States for enforcing imposed administrative fines and/or penalties in regard to posting of workers situations in accordance with this Directive and Directive 96/71, in cross-border situations are prejudicial to the proper functioning of the internal market and risk making it very difficult, if not impossible, to ensure that posted workers enjoy an equivalent level of protection throughout the Union.
Amendment 202 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – introductory part
Article 3 – paragraph 1 – subparagraph 1 – introductory part
For the purpose of implementing, applying and enforcing Directive 96/71/EC the competent authorities shall take into account factual elements characterising the activities carried out by an undertaking in the State in which it is established in order to determine whether it genuinely performs substantial activities, other than purely internal management and/or administrative activities. Such elements may include:
Amendment 203 #
Proposal for a directive
Recital 28
Recital 28
(28) Effective enforcement of the substantive rules governing the posting of workers for the provision of services should be ensured by specific action focusing on the cross-border enforcement of imposed administrative fines and penalties in regard to posting of workers situations in accordance with this Directive and Directive 96/71. Approximation of the legislation of the Member States in this field is therefore an essential prerequisite in order to ensure a higher, more equivalent and comparable level of protection necessary for the proper functioning of the internal market.
Amendment 204 #
Proposal for a directive
Recital 29
Recital 29
(29) The adoption of common rules for providing mutual assistance and support for enforcement measures and the associated costs, as well as the adoption of uniform requirements for the notification of decisions relating to administrative penalties and fines imposed in regard to posting of workers situations in accordance with this Directive and Directive 96/71, should resolve a number of practical cross-border enforcement problems and guarantee better communication and better enforcement of such decisions emanating from another Member State.
Amendment 205 #
Proposal for a directive
Recital 30
Recital 30
(30) Notwithstanding the establishment of more uniform rules with respect to the cross-border enforcement of penalties and fines in regard to posting of workers situations in accordance with this Directive and Directive 96/71 and the need for more common criteria for follow-up procedures in the event of the non-payment of these they should not affect the Member States‘' competences to determine their system of penalties, sanctions and fines or the recovery measures available under their internal legislation.
Amendment 224 #
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
This Directive aims to facilitate the exercise of the freedom to provide services for service providers and promoting fair competition between service providers, while guaranteeing respect for an appropriate level of minimum protection of the rights of posted workers for the cross- border provision of services, while facilitating the exercise of the freedom to provide services for service providers and promoting fair competition between service providers.
Amendment 224 #
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – introductory part
Article 3 – paragraph 2 – subparagraph 2 – introductory part
Such elements may include:
Amendment 239 #
Proposal for a directive
Article 5 – paragraph 2 – point f
Article 5 – paragraph 2 – point f
(f) keep the information provided for in the country fiches up to date, exact and exhaustive.
Amendment 241 #
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘'competent authority’' means anpublic authorityies of a Member State designated by athis Member State to perform functions under this Directive;
Amendment 242 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Where, in accordance with national law, traditions and practices, the terms and conditions of employment referred to in Article 3 of Directive 96/71/EC are laid down in collective agreements in accordance with article 3 paragraph 1 and 8 of that Directive, Member States should ensure that the social partners shall identify these and make the relevant information, in particular concerning the different minimum rates of pay and their constituent elements, the method used to calculate the remuneration due and the qualifying criteria for classification in the different wage categories, , available in an accessible and transparent way for Member States who then make it available to service providers from other Member States and posted workers.
Amendment 243 #
Proposal for a directive
Article 5 – paragraph 4 – subparagraph 1 (new)
Article 5 – paragraph 4 – subparagraph 1 (new)
Member States shall ensure that collective agreements referred to in Article 3 paragraphs 1 and 8 of Directive 96/71 are subject to registration in official registers and publication. Terms and conditions of employment referred to in Article 3 of the Directive 96/71 laid down in those collective agreements have to be applied on undertakings posting workers only from the moment of official registration and publication.
Amendment 245 #
Proposal for a directive
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(ca) "undertaking established in a Member State" means an undertaking which actually pursues an economic activity, as referred to in Article 49 of the Treaty on the Functioning of the European Union, by the provider for an indefinite period and through a stable infrastructure from where the business of providing services is actually carried out;
Amendment 250 #
Proposal for a directive
Article 6 – paragraph 5 – subparagraph 1
Article 6 – paragraph 5 – subparagraph 1
Member States shall supply the information requested by other Member States or the Commission by electronic means as soon as possible and at the latest within 2 weeks from the reception of a request or within one month if the answer requires an inspection on the spot.
Amendment 252 #
Proposal for a directive
Article 6 – paragraph 5 – subparagraph 2
Article 6 – paragraph 5 – subparagraph 2
A specific urgency mechanism shall be used for special situations where a Member State becomes aware of particular circumstances requiring urgent action. In such circumstances, the information shall be submitted within 24 hour working days.
Amendment 253 #
Proposal for a directive
Article 6 – paragraph 6
Article 6 – paragraph 6
6. Member States shall ensure that registers in which service providers have been entered, and which may be consulted by the competent authorities in their territory, may also be consulted, in accordance with the samcomparable conditions, by the equivalent competent authorities of the other Member States.
Amendment 255 #
Proposal for a directive
Article 7 – title
Article 7 – title
Amendment 260 #
Proposal for a directive
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4 a. During the period of posting a worker to another Member State, the inspection of the working conditions to be complied with according to Directive 96/71/EC lies within responsibility of the authorities of the host Member State in cooperation with the Member State of establishment.
Amendment 263 #
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Member States may only impose the following administrative requirements and control measures, in the sectors of activities, identified pursuant to paragraph 2a (new) of this Article:
Amendment 266 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1 a. Member States shall impose the necessary administrative requirements and control measures mentioned in paragraph 1 in a non-discriminatory, justified and proportionate manner.
Amendment 270 #
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) an obligation to keep or make available and/or retainwithin a reasonable period of time and/or retain, at the choice of the services provider, copies in paper or electronic form 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, issued according to the national law of the Member State of establishment, during the period of posting in an accessible and clearly identified place in its territory, 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;
Amendment 275 #
Proposal for a directive
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
(d) an obligationif necessary, to designate a contact person 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. The representative or the contact person can be any person chosen by the employer or employers association in the Member State of establishment of which the employer is a member.
Amendment 284 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 1 (new)
Article 10 – paragraph 2 – subparagraph 1 (new)
At the end of each inspection, the competent authority shall provide a document which includes at least the name and address of the inspected undertaking, data identifying the competent authority, the days in which the inspection was carried out, the legal ground for the control measure applied, a justification on necessity and proportionality, upon request of the undertaking inspected - information that there are matters covered by trade secrets, a description of fraud identified or information that no fraud was identified, as well as any other relevant information. The inspected undertaking has the right to submit remarks with regard to the findings included in the document. The inspected undertaking receives a copy of the document.
Amendment 286 #
Proposal for a directive
Article 11 – paragraph 3
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 are complied with, may engage, on behalf or in support of the posted workers or their employer, only with their approval in any judicial or administrative proceedings provided for with the objective of implementing this Directive and/or enforcing the obligations under this Directive.
Amendment 290 #
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point a
Article 11 – paragraph 5 – subparagraph 1 – point a
(a) any outstanding remuneration which, under the applicable terms and conditions of employment is due and/or contributions due to common funds or institutions of social partners covered by Article 3 of Directive 96/71/EC, would have been due;
Amendment 292 #
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point b
Article 11 – paragraph 5 – subparagraph 1 – point b
(b) refund of excessive costs, in relation to net remuneration or to the quality of the accommodation, withheld or deducted from wages for accommodation provided by the employer.
Amendment 293 #
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point b a (new)
Article 11 – paragraph 5 – subparagraph 1 – point b a (new)
(b a) any back payments or refund of taxes or social security contributions unduly withheld from the worker's salary.
Amendment 295 #
Proposal for a directive
Article 12
Article 12
Amendment 296 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Amendment 297 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Amendment 303 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point a
Article 12 – paragraph 1 – subparagraph 1 – point a
Amendment 306 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point b
Article 12 – paragraph 1 – subparagraph 1 – point b
Amendment 309 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
Amendment 313 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 317 #
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
Amendment 321 #
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 324 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Without prejudice to the means which are or may be provided for in Union legislation, the principles of mutual assistance and recognition as well as the measures and procedures provided for in this Article shall apply to the cross-border enforcement of administrative fines and penalties regarding posting of workers situations in accordance with this Directive and Directive 96/71, imposed for failure to comply with the applicable rules in a Member State on a service provider established in another Member State.
Amendment 451 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Where, in accordance with national law, traditions and practices, the terms and conditions of employment referred to in Article 3 of Directive 96/71/EC are laid down in collective agreements in accordance with article 3 paragraph 1 and 8 of that Directive, Member States should ensure that the social partners shall identify these and make the relevant information, in particular concerning the different minimum rates of pay and their constituent elements, the method used to calculate the remuneration due and the qualifying criteria for classification in the different wage categories, , available in an accessible and transparent way for Member States who then make it available to service providers from other Member States and posted workers.
Amendment 455 #
Proposal for a directive
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. Member States shall ensure that collective agreements referred to in Article 3 paragraphs 1 and 8 of Directive 96/71 are subject to registration in official registers and publication. Terms and conditions of employment referred to in Article 3 of the Directive 96/71 laid down in those collective agreements have to be applied on undertakings posting workers only from the moment of official registration and publication.
Amendment 495 #
Proposal for a directive
Article 7 – title
Article 7 – title
Amendment 511 #
Proposal for a directive
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. During the period of posting a worker to another Member State the inspection of the working conditions to be complied with according to Directive 96/71/EC lies within responsibility of the authorities of the host Member State in cooperation with the Member State of establishment.
Amendment 562 #
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) an obligation to keep or make available and/or retainwithin a reasonable period of time and/or retain, at the choice of the services provider, copies in paper or electronic form 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, issued according to the national law of the Member State of establishment, during the period of posting in an accessible and clearly identified place in its territory, 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;
Amendment 581 #
Proposal for a directive
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
(d) an obligationif necessary, to designate a contact person 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. The representative or the contact person can be any person chosen by the employer or employers association in the Member State of establishment of which the employer is a member.
Amendment 599 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Member States shall impose the necessary administrative requirements and control measures mentioned in paragraph 1 in a non-discriminatory, justified and proportionate manner.
Amendment 643 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 1 a (new)
Article 10 – paragraph 2 – subparagraph 1 a (new)
At the end of each inspection the competent authority shall provide a document which includes at least the name and address of the inspected undertaking, data identifying the competent authority, the days in which the inspection was carried out, the legal ground for the control measure applied, a justification on necessity and proportionality, upon request of the undertaking inspected - information that there are matters covered by trade secrets, a description of fraud identified or information that no fraud was identified, as well as any other relevant information. The inspected undertaking has the right to submit remarks with regard to the findings included in the document. The inspected undertaking receives a copy of the document.
Amendment 671 #
Proposal for a directive
Article 11 – paragraph 3
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 are complied with, may engage, on behalf or in support of the posted workers or their employer, only with their approval in any judicial or administrative proceedings provided for with the objective of implementing this Directive and/or enforcing the obligations under this Directive.
Amendment 682 #
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point a
Article 11 – paragraph 5 – subparagraph 1 – point a
(a) any outstanding remuneration which, under the applicable terms and conditions of employment is due and/or contributions due to common funds or institutions of social partners covered by Article 3 of Directive 96/71/EC, would have been due;
Amendment 687 #
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point b
Article 11 – paragraph 5 – subparagraph 1 – point b
(b) refund of excessive costs, in relation to net remuneration or to the quality of the accommodation, withheld or deducted from wages for accommodation provided by the employer.
Amendment 689 #
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point b a (new)
Article 11 – paragraph 5 – subparagraph 1 – point b a (new)
(ba) any back-payments or refund of taxes or social security contributions unduly withheld from the worker's salary.
Amendment 698 #
Proposal for a directive
Article 12
Article 12
Amendment 702 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Amendment 719 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point a
Article 12 – paragraph 1 – subparagraph 1 – point a
Amendment 729 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point b
Article 12 – paragraph 1 – subparagraph 1 – point b
Amendment 737 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
Amendment 745 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 756 #
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
Amendment 765 #
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 772 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Without prejudice to the means which are or may be provided for in Union legislation, the principles of mutual assistance and recognition as well as the measures and procedures provided for in this Article shall apply to the cross-border enforcement of administrative fines and penalties regarding posting of workers situations in accordance with this Directive and Directive 96/71, imposed for failure to comply with the applicable rules in a Member State on a service provider established in another Member State.