13 Amendments of Philippe JUVIN related to 2016/0070(COD)
Amendment 32 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) Combating fraud, social dumping, abuse and circumvention of the rules in relation to the posting of workers is a priority. Strengthening European rules on the posting of workers is therefore an absolute imperative.
Amendment 35 #
Proposal for a directive
Recital 4
Recital 4
(4) Almost twenty years after its adoption, it is necessary to assess whether and in view of the numerous instances of fraud, the Posting of Workers Directive stilldoes not yet strikes the right balance between the need to promote the freedom to provide services and the need to protect the rights of posted workers.
Amendment 40 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) The abuse observed in the implementation of the current Directive also derives from the application of Regulation (EC) No 883/2004 on the coordination of social security systems, which must also be amended as quickly as possible.
Amendment 41 #
Proposal for a directive
Recital 4 b (new)
Recital 4 b (new)
(4b) To combat wage and tax dumping, the amendment of Regulation (EC) No 883/2004 on the coordination of social security systems must lead to the strict harmonisation of social security contributions systems between Member States.
Amendment 67 #
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 24 months, the host Member State is deemed to be the country in which the work is carried out. 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 24 months and from the first day subsequent to the 24 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. To prevent any risk of the law being circumvented, the aggregate duration of postings should be taken into account.
Amendment 79 #
Proposal for a directive
Recital 10
Recital 10
Amendment 182 #
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 – indent 2 – point g a (new)
Article 3 – paragraph 1 – indent 2 – point g a (new)
‘(ga) equal social protection at work, including with regard to the prevention of and compensation for accidents at work;’
Amendment 188 #
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 – indent 2 – point g b (new)
Article 3 – paragraph 1 – indent 2 – point g b (new)
(gb) the same level of contributions and old-age pensions;
Amendment 219 #
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 1b a (new)
Article 3 – paragraph 1b a (new)
(ca) The following paragraph is added: ‘1aa. The employer in the Member State of origin must be able to provide evidence of substantial activities in its country of origin, by generating at least 50 % of its turnover in that Member State.’
Amendment 220 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c b (new)
Article 1 – paragraph 1 – point 2 – point c b (new)
Directive 96/71/EC
Article 3 – paragraph 1b b (new)
Article 3 – paragraph 1b b (new)
(cb) The following paragraph is added: ‘1ab. There must be a period of service of at least six months in the contractual relationship between the posted worker and his or her employer prior to any posting.’
Amendment 221 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c c (new)
Article 1 – paragraph 1 – point 2 – point c c (new)
Directive 96/71/EC
Article 3 – paragraph 1b c (new)
Article 3 – paragraph 1b c (new)
(cc) The following paragraph is added: ‘1ac. There must be a prohibition on posting by a company which is hiring a temporary worker provided by a temporary work agency of another Member State.’
Amendment 222 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c d (new)
Article 1 – paragraph 1 – point 2 – point c d (new)
(cd) The following paragraph is added: ‘1ad. Coordination between the national employment inspection bodies and European cooperation to combat fraud relating to the posting of workers must be stepped up.’
Amendment 240 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 96/71/EC
Article 7 a (new)
Article 7 a (new)
(2a) The following Article is inserted: ‘Article 7 a The application of this Directive is suspended pending the revision of Regulation (EC) No 883/2004 on the coordination of social security systems and the implementation by that regulation of the homogenisation of the social security contributions, both by employers and others, relating to work performed by workers posted between Member States, within five years of the adoption of this Directive.’