15 Amendments of Georges BACH related to 2016/0070(COD)
Amendment 124 #
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 246 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 246 months and from the first day subsequent to the 246 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 246 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.
Amendment 126 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) The effective duration of posting should be counted continuously for each posted period for the individual worker. Suspension of work during the posting period, whatever the reason (holidays, illness, training at the posting undertaking etc.) should not constitute a reason to justify an extension of the posting period for an equivalent period. Therefore the posting should end precisely upon expiry of the programmed period, irrespective of the number and duration of events which prompted the suspension of activity
Amendment 149 #
Proposal for a directive
Recital 10
Recital 10
Amendment 227 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) In case of non-genuine posting as defined in Article 4 of Directive 2014/67/EU, the posted worker shall be deemed to be employed in the country to which the worker is posted.
Amendment 245 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) The posted workers of one or more sub-contractor(s) should have the same terms and conditions of employment covering remuneration as those applicable to the workers of the contractor as imposed on all national sub- contractors.
Amendment 255 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) The standard of accommodation provided or arranged by an employer for posted workers should be adequate and equivalent to the standard of accommodation for local mobile workers guaranteed by national law or practice.
Amendment 284 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – title
Article 2a – title
Posting exceeding twenty-foursix months
Amendment 302 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 1
Article 2a – paragraph 1
1. When the anticipated or the effective duration of posting exceeds twenty-foursix months, the Member State to whose territory a worker is posted shall be deemed to be the country in which his or her work is habitually carried out.
Amendment 329 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 2
Article 2a – paragraph 2
2. For the purpose of paragraph 1, in case of replacement of posted workers performing the same task at the same place, the cumulative duration of the posting periods of the workers concerned shall be taken into account, with regard to workers that are posted for an effective duration of at least six months.
Amendment 339 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 2a (new)
Article 2a – paragraph 2a (new)
2a. For the purpose of this Article, the concept "the same task at the same place" shall be determined, taking into account the nature of the service provided and the work performed, and the address(es) of the workplace(s) according to the service contract or as defined in article 9(1), (a)(v), (a)(vi) of Directive 2014/67/EU
Amendment 348 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Directive 96/71/EC
Article 2 b (new)
Article 2 b (new)
(1a) The following Article 2b is inserted: Article 2b Sectoral derogations By way of derogation from Article 2a (1) and (2), Member States may determine for specific sectors, after consultation with the concerned sectoral social partners, the anticipated or effective duration after which the Member State to whose territory a worker is posted shall be deemed to be the country in which his or her work is habitually carried out. Any derogation shall be justified, proportionate and transparent
Amendment 386 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
(ga) conditions of accommodation for workers;
Amendment 387 #
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) allowance rates to cover travel, board and lodging expenses for workers away from home for professional reasons.
Amendment 432 #
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 – subparagraph 3
Article 3 – paragraph 1 – subparagraph 3
Member States shall publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of remuneration as defined by national law and applicable collective agreements in accordance with point (c).
Amendment 460 #
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,shall 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.