18 Amendments of Birgit SIPPEL related to 2013/0124(COD)
Amendment 30 #
Proposal for a directive
Recital 3
Recital 3
(3) 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. It protects them against discrimination on the grounds of nationality as regards employment, remuneration and other working conditions by ensuring their equal treatment in comparison to nationals of that Member State. It needs to be distinguished 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 workers to another Member State temporarily to carry out the work necessary to provide these services there.
Amendment 73 #
Proposal for a directive
Recital 19
Recital 19
(19) Member States should ensure the promotion of synergies with existing individual counselling and information and support tools at the Union level and to this end they should ensure that existing or newly created bodies are aware, make use of and co-operate with the existing information and assistance services, such as EURES cross border partnerships for cross border workers and employers, Your Europe, SOLVIT, EURES, Enterprise Europe Network and the Points of Single Contact.
Amendment 79 #
Proposal for a directive
Recital 21
Recital 21
(21) Member States should make information about employment terms and conditions more widely available to workers from other Member States, to employers and to other interested parties. Such right should be enjoyed without discrimination by permanent, seasonal and frontier workers and by those who pursue their activities for the purpose of providing services. The information provided should also cover bogus self- employed or bogus posted workers, in order to help them enjoy their rights and protect the most vulnerable workers.
Amendment 113 #
Proposal for a directive
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) accessright to training;
Amendment 116 #
Proposal for a directive
Article 2 – paragraph 1 – point g a (new)
Article 2 – paragraph 1 – point g a (new)
(ga) access to employment services;
Amendment 118 #
Proposal for a directive
Article 2 – paragraph 1 – point g b (new)
Article 2 – paragraph 1 – point g b (new)
(gb) right to social protection;
Amendment 120 #
Proposal for a directive
Article 2 a (new)
Article 2 a (new)
Article 2a This Directive concerns workers making use of the freedom of movement for workers, including permanent, seasonal and frontier workers and those who pursue their activities for the purpose of providing services. Bogus self-employed or bogus posted workers shall also be covered.
Amendment 134 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Paragraph 1 shall apply without prejudice to national rules on time limits for enforcement of those rights. These time limits shall be such that they cannot be regarded as capable of rendering virtually impossible or excessivesignificantly difficult the exercise of rights conferred by Union law.
Amendment 138 #
Proposal for a directive
Article 3 – paragraph 2 c (new)
Article 3 – paragraph 2 c (new)
2c. In order to facilitate the enforcement of the rights granted under Union law, Member States shall adopt legal provisions stipulating that workers are entitled to reimbursement of the expenses incurred in obtaining the information they need to assert their rights, in particular the cost of obtaining advice, travel expenses and the cost of engaging an interpreter.
Amendment 157 #
Proposal for a directive
Article 5 – paragraph 2 – point h
Article 5 – paragraph 2 – point h
(h) without prejudice to the right of workers or the members of their family and associations and organisations or other legal entities referred to in Article 4, the provision of independent legal and/or other assistance covering all aspects of national labour law to workers or the members of their family in pursuing their complaints;
Amendment 166 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Member States shall encouragestablish dialogue with appropriate non-governmental organisations and the social partners which have, in accordance with their national law and practice, a legitimate interest in contributing to the fight against discrimination on grounds of nationality with a view to promoting the principle of equal treatment.
Amendment 175 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall provide clear, easily accessible, comprehensive and up- to-date information on the rights conferred by the Union law on free movement of workers. Member States shall ensure that the relevant information is disseminated in the most sustainable manner possible and in such a way as to reach as many people as possible. The content, form and dissemination method shall be tailored to the specific groups of workers concerned. This information should also be easily accessible through Your Europe and EURES.
Amendment 176 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall provide clear, easily accessible, comprehensive and up- to-date information on the rights conferred by the Union law on free movement of workers. This information shoul for jobseekers, mobile workers and employers to promote workers' voluntary geographical mobility on a fair basis and contribute to a high-level of quality employment. This information should be provided by individual counselling and also be easily accessible through Your Europe and EURES.
Amendment 185 #
Proposal for a directive
Chapter 4 a (new)
Chapter 4 a (new)
Chapter IVa Monitoring compliance
Amendment 186 #
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Article 7a Penalties Member States shall lay down rules on penalties applicable in the event of infringements of national provisions adopted pursuant to this Directive and to Regulation 492/2011and shall take all the necessary measures to ensure that they are implemented and complied with. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify these provisions to the Commission by [..... date of transposition] at the latest. They shall notify without delay any subsequent amendments to them.
Amendment 187 #
Proposal for a directive
Article 7 b (new)
Article 7 b (new)
Article 7b Labour inspections Member States shall ensure that appropriate checks and monitoring mechanisms are put in place and that effective and adequate inspections are carried out on their territory in order to control and monitor compliance with the provisions and rules laid down in Regulation 492/2011 and to guarantee its proper application and enforcement.
Amendment 189 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Member States mayshall provide that the competencies of the structures and bodies referred to in Article 5 for the promotion, analysis, monitoring and support of equal treatment of all workers or members of their families without discrimination on grounds of nationality, also cover the right to equal treatment without discrimination on grounds of nationality of all EU citizens and their family members exercising their right to free movement, as enshrined in Article 21 TFEU and Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.
Amendment 191 #
Proposal for a directive
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. The competencies of the structures and bodies referred to in Article 5 provided by the Member States shall also cover posted workers as defined in directive 96/71/EC.