Activities of Danuta JAZŁOWIECKA related to 2012/0061(COD)
Plenary speeches (3)
Posting of workers in the framework of the provision of services (A7-0249/2013 - Danuta Jazłowiecka) (vote)
Posting of workers in the framework of the provision of services (debate)
Posting of workers in the framework of the provision of services (debate)
Reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on the enforcement of directive 96/71/EC concerning the posting of workers in the framework of the provision of services PDF (697 KB) DOC (1 MB)
Amendments (14)
Amendment 90 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Competent authorities shall make an overall assessment of all factual elements in order to determine if the worker is genuinely posted. If the proof cannot be produced, Member States involved shall collaborate closely and with no delay in order to choose which law is applicable to the employment contract, basing themselves on the Rome I Regulation.
Amendment 100 #
Proposal for a directive
Recital 9
Recital 9
(9) For the purpose of ensuring that a posted worker receives the correct pay and provided allowances specific to posting can be considered part of minimum rates of pay, such allowances should only be deducted from wages if national law, collective agreements and/or practice of the host Member State provide for this. It is up to the national law of the Member State of establishment if the employer is obliged to provide or reimburse the costs of travel, board, lodging/accommodation. It is however up to the national law of the host Member State if it is included in the minimum wage.
Amendment 111 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) Member States shall take appropriate measures in order to prevent the misuse and/or circumvention of the Directive 96/71/EC and this Directive by the undertakings for the purpose of depriving posted workers of their rights or the withholding of such rights.
Amendment 206 #
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 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 legislat(Does not affect English version.)
Amendment 211 #
Proposal for a directive
Recital 32
Recital 32
(32) Member States should take appropriate measures in the event of failure to comply with the obligations laid down in this Directive, including administrative and judicial procedures, and should provide for effective, dissuasive and proportionate penalties for any breaches of the obligations under this Directive.(Does not affect English version.)
Amendment 360 #
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point d
Article 3 – paragraph 2 – subparagraph 2 – point d
(d) travel, board and lodging/accommodation is provided or reimbursed by the employer who posts the worker, and if so, how this is done; as well as(Does not affect English version.)
Amendment 434 #
Proposal for a directive
Article 5 – paragraph 2 – point c
Article 5 – paragraph 2 – point c
(c) make the information available to workers and service providers in, free of charge, in English and in other most relevant languages other than the national language(s) of the country in which the services are provided, if possible in summarised leaflet form indicating the main labour conditions applicable and upon requests in formats accessible to persons with disabilities;
Amendment 456 #
Proposal for a directive
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. The undertaking shall inform in writing its workers about their rights during the period of their posting. Analogously, the contractor present in the host Member State shall inform in writing its foreign subcontractors about the terms and conditions of employment in force in the host Member State.
Amendment 522 #
Proposal for a directive
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. The Member States are encouraged to establish points of information and practical help for the posted workers in order to ensure that they dispose of a proper knowledge about their rights. The place of the information points and the language coverage shall be decided upon an estimation of the presence of posted workers in the territory of the Member State concerned. This applies to both the Member State of establishment and the host Member State, since it is equally important to provide the worker with the information before his/her departure and during his/her period of posting.
Amendment 595 #
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 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 p(Does not affect English versiod in which the services are provided.n.)
Amendment 656 #
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
4. In Member States where, in accordance with national law and practice, the setting of the terms and conditions of employment of posted workers referred to in Article 3 of Directive 96/71/EC, and in particular the minimum rates of pay, including and working time, is left to management and labour they may, at the appropriate level and subject to the conditions laid down by the Member States, also the monitor the application of the relevant terms and conditions of employment of posted workers, provided that an adequate level of protection equivalent to that resulting from Directive 96/71/EC and this Directive is guaranteed.
Amendment 683 #
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 690 #
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 693 #
Proposal for a directive
Article 11 – paragraph 5 a (new)
Article 11 – paragraph 5 a (new)
5a. The mechanisms referred to in paragraph 5 may include a system which provides on a non-discriminatory basis with regard to the protection of the equivalent rights of employees of direct subcontractors established in the host Member State 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 workers and/or common funds or institutions of social partners for non- payment of the sums described in paragraph 5.