10 Amendments of Georges BACH related to 2012/0061(COD)
Amendment 147 #
Proposal for a directive
Recital 16
Recital 16
(16) In order to ensure the correct application of, and to monitor compliance with, the substantive rules on the terms and conditions of employment to be respected with regard to posted workers, Member States should apply only certainany control measures or administrative formalities to undertakings posting workers for the provision of services deemed to be effective and necessary for that purpose. Such measures and requirements may only be imposed provided that the competent authorities cannot carry out their supervisory task effectively without the requested information and the necessary information cannot be obtained easily from the employer of posted workers or the authorities in the Member State of establishment of the service provider within a reasonable delay and/or less restrictive measures would not ensure that the objectives of the national controls measures deemed necessary are attained.
Amendment 393 #
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. In cases of non-compliance with the criteria of Article 3, paragraph 1 and paragraph 2, the full legislation, regulations and collective agreements of the host Member State are applicable to the workers concerned. In this respect it must be ensured that the most favourable conditions are effectively applied to the concerned workers.
Amendment 416 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. The Commission and the Member States shall financially support joint initiatives of the relevant social partners, at the European and national level, to set up joint instruments which are aimed to inform undertakings and workers on the applicable terms and conditions to be respected according to Directive 96/71/EC.
Amendment 524 #
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Member States may onlyshall at least impose the following administrative requirements and control measures:
Amendment 549 #
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) an obligation for a service provider established in another Member State to make a simpleprior declaration to the responsible national competent authorities at the latest atfive working days before the commencement of the service provision, whereby the declaration may onlyshould at least cover the identity of the service provider, the presence of one or more clearly identifiable posted workers, their anticipated number, the anticipated duration and location of their presence, and the services justifying the posting;
Amendment 561 #
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) an obligation to keep or make available and/or retain copies in paper or electronic form, during the period of posting, of the employment contract (or an equivalent document within the meaning of Directive 91/533, including, where appropriate or relevant, the additional information referred to in Article 4 of that Directive), payslips, time-sheets and proof of payment of wages or copies of equivalent documents during the period of posting, forms providing information on the membership to a social security network in the country of origin or the full contact details of the social security body to which the posted workers are affiliated during their stay in the host member country (Regulations 883/2004 EC and 987/2009 EC), certificate of fitness for work issued by a qualified Occupational Health Service from the country of origin, in an accessible and clearly identified place in its territory, such as the workplace or the building site, or for mobile workers in the transport sector the operations base or the vehicle with which the service is provided;
Amendment 574 #
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) a translation of the documents referred to under (b), may be justified provided these documents are not excessively long and standardised forms are generally used for such documentsif deemed necessary by the competent authority or body of the host member country;
Amendment 591 #
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 partnerscompetent authority or body in the Member State to which the posting takes place, in accordance with national legislation and practice, during the period in which the services are provided.
Amendment 624 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that appropriateffective 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 Directive 96/71/EC and to guarantee its proper application and enforcement. Such inspections shall be based primarily on a risk assessment to be drawn up regularly by the competent authorities. The risk assessment shall identify the sectors of activity in which the employment of workers posted for the provision of services is concentrated on their territory. When making such risk assessment the realisation of big infrastructural projects, the special problems and needs of specific sectors, the past record of infringement, as well as the vulnerability of certain groups of workers shall be taken into account.
Amendment 777 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
2. The requesting authority may, in accordance with the laws, regulations and administrative practices in force in its own Member State, request the competent authority in another Member State to recover a penalty or fine or to notify it of a decision imposing a penalty or a fine, in so far as the relevant laws, regulations and administrative practices in force in the requested authority's Member State allow such action for similar claims or decisions.;