2 Amendments of Jutta STEINRUCK related to 2011/0437(COD)
Amendment 828 #
Proposal for a directive
Article 36 – paragraph 6
Article 36 – paragraph 6
6. Any economic operator shall be excluded from participation in a concession where the contracting authority or contracting entity is aware of a judicial or administrative decision having the force of res judicata establishing that it has not fulfilled obligations relating to the payment of taxes or social security contributions in accordance with the legal provisions of the country in which it is established or with those of the Member State of the contracting authority or entity. or that it has been found guilty of repeated breaches of labour law. Repeated breaches of labour law shall be taken to mean at least five labour court judgments against the economic operator concerned.
Amendment 846 #
Proposal for a directive
Article 36 a (new)
Article 36 a (new)
Article 36a Conditions for performance of contracts 1. The contracting authorities or entities shall apply additional social and environmental criteria for the provision of the works and services, which shall be indicated in the notice of the concession. 2. As regards the wages (including bonuses), working hours and other working conditions of the workers involved in performing the concession, the contracting authorities or entities shall lay down requirements which are no less favourable than the conditions which apply in the same area for the same work in the profession or industry concerned on the basis of: (a) a collective wage agreement or the outcome of another recognised negotiating procedure concluded by associations of workers and employers to which a substantial proportion of the workers and employers in the profession or industry concerned belong, or (b) an arbitration ruling (when national law makes provision for this), or (c) national law. If in the area in which the work is to be performed the relevant working conditions are not governed in one of the ways referred to above, the conditions to be granted by the contracting authorities and entities must guarantee the workers involved wages (including bonuses), working hours and other working conditions which are no less favourable than the conditions granted by employers who are in the nearest comparable area or belong to the same profession or industry as the party to the contract and who are in the same circumstances.