11 Amendments of Robert ROCHEFORT related to 2016/0070(COD)
Amendment 68 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) With a view to enforcing the provisions of this Directive and thereby guaranteeing effective protection of workers, coordination between the Member State labour inspectorates and EU cooperation on combating posting- related fraud should be stepped up.
Amendment 80 #
Proposal for a directive
Recital 4
Recital 4
(4) Almost twenty years after its adoption, it is necessary to assess whether the Posting of Workers Directive still strikeshas struck the right balance between the need to promote the freedom to provide services and the need to protect the rights of posted workers without affecting free business competition.
Amendment 82 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) Part of the problems arising from the implementation of Directives 96/71/EC and 2017/67/EU stem from overt abuse or illegal cross-border activity. The posting of workers through ‘mailbox companies’ or bogus temporary postings are evidence of this. Protectionist demands by certain Member States cannot met by restricting freedom to provide services but by stepping controls on the cross-border movement of workers to prevent fraudulent practices in this connection.
Amendment 86 #
Proposal for a directive
Recital 4 b (new)
Recital 4 b (new)
(4b) By Decision (EU) 2016/344, the Union established a European Platform to enhance cooperation in tackling undeclared work, including cross-border aspects; both this decision and Parliament's resolution of 14 January 2014 on effective labour inspections as a strategy to improve working conditions in Europe should lead the Commission to consider the possibility of creating a European Labour Inspectorate consisting of a body of European inspectors specialized in cross-border mobility to provide technical support for national inspectors in the implementation of European legislation on the movement of workers.
Amendment 91 #
Proposal for a directive
Recital 5
Recital 5
(5) The principle of equal treatment and the prohibition of any discrimination based on nationality are enshrined in EU law since the founding Treaties. The principle of equal pay has been implemented through secondary law not only between women and men, but also between employees with fix term contracts and comparable permanent workers, between part-time and full-time workers or between temporary agency workers and comparable workers of the user undertaking. In any case, there is no reason for proper use of the posting of workers to involve any infringement of this principle.
Amendment 153 #
Proposal for a directive
Recital 10
Recital 10
(10) Because of the highly mobile nature of work in international road transport, the implementation of the posting of workers directive raises particular legal questions and difficulties (especially where the link with the concerned Member State is insufficient). It would be most suited for these challenges to be addressed through sector-specific legislation together with other EU initiatives aimed at improving the functioning of the internal road transport marketwhich should be clarified through sector-specific legislation.
Amendment 192 #
Proposal for a directive
Recital 12
Recital 12
(12) It is within Member States' competence to set rules on remuneration in accordance with their law and practice. However, national rules on remuneration applied to posted workers must be justified by the need to protect posted workers and must not disproportionately restrict the cross-border provision of services. The European Union must exercise strict oversight to forestall any disproportionate use of these restrictions by certain Member States.
Amendment 456 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 96/71/EC
Article 3 – paragraph 1 a
Article 3 – paragraph 1 a
1a. If undertakings established in the territory of a Member State are obliged by law, regulation, administrative provision or collective agreement, to sub-contract in the context of their contractual obligations only to undertakings that guarantee certain terms and conditions of employment covering remuneration, , the Member State may, on a non–discriminatory and proportionate basis, provide that such undertakings shall be under the same obligation regarding subcontracts with undertakings referred to in Article 1 (1) posting workers to its territory. The European Union shall exercise strict oversight to forestall any disproportionate use of these restrictions by certain Member States.
Amendment 504 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 96/71/CE
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
(2a) Article 4(2) is amended as follows: Member States shall make provision for cooperation between the public authorities which, in accordance with national legislation, are responsible for monitoring the terms and conditions of employment referred to in Article 3. Such cooperation shall in particular consist in replying to reasoned requests from those authorities for information on the transnational hiring- out of workers, including manifest abuses or possible cases of unlawful transnational activities. That cooperation may be carried out through the European Platform created to enhance cooperation in tackling undeclared work, since cross- border aspects form part of its remit.
Amendment 506 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Directive 96/71/CE
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
Amendment 507 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 96/71/CE
Article 4 – paragraph 2 – subparagraph 2 a (new)
Article 4 – paragraph 2 – subparagraph 2 a (new)
(2a) In Article 4(2), the following new subparagraph 2a is added: Where the liaison office or competent national authority in the country from which the worker is posted is unable to provide the information sought by the labour administration in the host country, the administration in the country from which the worker is posted shall seek that information from the administration or body able to provide it.