2016/0070(COD) Posting of workers in the framework of the provision of services
Lead committee dossier:
Progress: Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | EMPL |
MORIN-CHARTIER Elisabeth ( PPE),
JONGERIUS Agnes ( S&D)
|
MCINTYRE Anthea ( ECR),
DLABAJOVÁ Martina ( ALDE),
REINTKE Terry ( Verts/ALE),
AGEA Laura ( EFDD),
MARTIN Dominique ( ENF)
|
| Committee Opinion | IMCO |
FORD Vicky ( ECR)
|
Dennis de JONG ( GUE/NGL),
Mylène TROSZCZYNSKI ( ENF)
|
| Committee Opinion | JURI |
CAVADA Jean-Marie ( ALDE)
|
|
| Committee Legal Basis Opinion | JURI |
GUTELAND Jytte ( S&D)
|
Mady DELVAUX ( S&D)
|
Lead committee dossier:
Legal Basis:
TFEU 053-p1, TFEU 062
Legal Basis:
TFEU 053-p1, TFEU 062Subjects
Events
2018/07/09
Final act published in Official Journal
Details
PURPOSE: facilitate the transnational provision of services whilst ensuring fair competition and respect for the rights of those workers who are employed in one member state and sent to work temporarily in another by their employer (posted workers).
LEGISLATIVE ACT : Directive (EU) 2018/957 of the European Parliament and of the Council amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services
CONTENT: the revised Directive 96/71/EC ensures the protection of posted workers during their posting in relation to the freedom to provide services, by laying down mandatory provisions regarding working conditions and the protection of workers’ health and safety that must be respected.
In particular, the new Directive provides the following :
Conditions of work and remuneration : local or posted workers who do the same work in the same place will be subject to the same working conditions and salary . The Directive provides for the application of the same remuneration rules as for local workers in the host Member State from the first day of posting. Equality of treatment also affects: (i) maximum work periods and minimum rest periods; (ii) minimum paid annual leave; (iii) health, safety and hygiene at work; (iv) protective measures with regard to the terms and conditions of employment of pregnant women or women who have recently given birth, of children and of young people; (v) equality of treatment between men and women and other provisions on non-discrimination.
Temporary employment agencies will have to guarantee posted workers the same conditions of employment and salary as temporary workers employed in the Member State where the posting takes place.
The Directive also specifies the rules on allowances. Posted workers should receive at least the same allowances or reimbursement of expenditure to cover travel, board and lodging expenses for workers away from home for professional reasons that apply to local workers in that Member State. In addition, employers will have to ensure that accommodation conditions for posted workers are in line with national rules.
Length of posting : a worker will be considered to be posted long-term after12 months (with the possibility of a 6 months extension subject to a justified notification by the service provider). After this period, the posted worker will be subject to nearly all aspects of the labour law of the host country.
Collective agreements : the number of potential collective agreements that may apply in Member States having a system for declaring collective agreements or arbitration awards of universal application is increased. Member States may base themselves on:
collective agreements or arbitration awards which are generally applicable to all similar undertakings in the geographical area and in the profession or industry concerned, and/or collective agreements which have been concluded by the most representative employers’ and labour organisations at national level and which are applied throughout national territory,
Combating fraud : the Directive strengthens coordination between the competent authorities or bodies of Member States and cooperation at EU level in the fight against fraud in the context of posting of workers. With a view to tackling abuses in subcontracting situations and in order to protect the rights of posted workers, Member States should take appropriate measures to ensure subcontracting liability.
As regards the international road transport sector , the provisions of the Directive will apply from the date of entry into force of future sectoral legislation.
ENTRY INTO FORCE: 29.7.2018.
TRANSPOSITION AND APPLICATION: from 30.7.2020.
2018/07/04
EP - End of procedure in Parliament
2018/06/28
CSL - Draft final act
Documents
2018/06/28
CSL - Final act signed
2018/06/27
EC - Commission response to text adopted in plenary
Documents
2018/06/21
EP/CSL - Act adopted by Council after Parliament's 1st reading
2018/06/21
CSL - Council Meeting
2018/05/29
EP - Results of vote in Parliament
Documents
2018/05/29
EP - Debate in Parliament
Documents
2018/05/29
EP - Decision by Parliament, 1st reading
Details
The European Parliament adopted by 456 votes to 147, with 49 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council amending Directive 96/71/EC of The European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (posted workers).
The revised Directive seeks to facilitate the transnational provision of services while ensuring fair competition and to ensure the protection of posted workers during their posting assignment by means of mandatory provisions on working conditions and the protection of workers' health and safety, which should be respected.
The European Parliament’s position adopted at first reading under the ordinary legislative procedure amended the Commission proposal as follows:
Working and employment conditions : undertakings shall guarantee workers who are posted to their territory on a basis of equality of treatment the terms and conditions of employment covering the following matters which, in the Member State where the work is carried out, are laid down:
maximum work periods and minimum rest periods; minimum paid annual leave; remuneration , including overtime rates; this point does not apply to supplementary occupational retirement pension schemes; the conditions of hiring-out of workers, in particular the supply of workers by temporary employment undertakings; health, safety and hygiene at work; protective measures with regard to the terms and conditions of employment of pregnant women or women who have recently given birth, of children and of young people; equality of treatment between men and women and other provisions on non-discrimination; the conditions of workers' accommodation when provided by the employer to workers away from their regular place of work; allowances or reimbursement of expenditure to cover travel, board and lodging expenses for workers away from home for professional reasons.
In order to ensure transparency and access to information, Member States shall publish the elements of remuneration and all working and employment conditions on a single dedicated website.
Remuneration : the concept of remuneration shall be determined by the national law and/or practice of the Member State to whose territory the worker is posted and means all the elements of remuneration rendered mandatory by national law, regulation or administrative provision, collective agreements or arbitration awards which in that Member State have been declared universally applicable or otherwise apply.
Allowances specific to the posting should be considered to be part of the remuneration. Such allowances should therefore be taken into account for the comparison, unless they concern expenditure actually incurred on account of the posting, such as expenditure on travel, board and lodging.
Duration of posting : when the effective duration of a posting exceeds 12 months (with a possibility for extension of 6 months on the basis of a motivated notification of a service provider), Member States shall ensure, irrespective of which law applies to the employment relationship, that the undertakings guarantee workers posted to their territory on a basis of equality of treatment, in addition to the terms and conditions of employment, all the applicable terms and conditions of employment which are laid down, in the Member State where the work is carried out.
I n addition to the legal provisions, Member States may, if they so decide, base themselves on:
collective agreements or arbitration awards which are generally applicable to all similar undertakings in the geographical area and in the profession or industry concerned, and/or ; collective agreements which have been concluded by the most representative employers' and labour organizations at national level and which are applied throughout national territory.
Cooperation on fraud and abuse : Member States shall make provision for cooperation between the public authorities which are responsible for monitoring the terms and conditions of employment. Such cooperation shall in particular consist in replying to reasoned requests from those authorities for information on the transnational hiring-out of workers, and in tackling manifest abuses or possible cases of unlawful activities, such as transnational cases of undeclared work and bogus self-employment linked to the posting of workers.
International road transport : the provisions of the revised Directive shall apply to the road transport sector from the date of application of the forthcoming sectoral legislation.
Documents
2018/04/25
EP - Approval in committee of the text agreed at 1st reading interinstitutional negotiations
2018/03/12
FR_ASSEMBLY - Contribution
Documents
2017/10/25
EP - Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71)
2017/10/23
EP - Committee report tabled for plenary, 1st reading
Details
The Committee on Employment, Social Affairs and Employment adopted the joint report by Elisabeth MORIN-CHARTIER (EPP, FR) and Agnes JONGERIUS (S&D, NL) on the proposal for a directive of the European Parliament and of the Council amending Directive 96/71/EC of the European Parliament and of the Council concerning the posting of workers in the framework of the provision of services.
The committee recommended that the European Parliament’s position adopted at first reading under the ordinary legislative procedure should amend the Commission proposal as follows:
Need to revise the Directive : the amended text stressed that, in the light of proven cases of fraud, it is necessary to revise the Posting of Workers Directive in order to assess whether it still strikes the right balance between the need to promote the freedom to provide services and ensure a fair business climate and a level playing field for workers and undertakings operating in the internal market, and the need to protect the rights of posted workers. There is an urgent need to clarify the rules, to make sure that they are applied uniformly and to bring about genuine upward social convergence .
This Directive establishes a balanced framework with regard to the freedom to provide services and the protection of posted workers, which is non-discriminatory, transparent and proportionate while respecting the diversity of national industrial relations.
Postment exceeding 24 months : Members deemed it necessary to stipulate that the posting is of a temporary nature . Therefore, all the applicable terms and conditions of employment of the Member State where the worker is posted should be applicable after 24 months, except the conditions relating to the conclusion and termination of the employment contract. 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. For postings that require a longer duration, it shall be possible to grant extensions to undertakings based on a reasoned request made to the competent authority of the Member State where the worker is posted.
Conditions of work and employment : undertakings shall ensure that workers posted to their territory enjoy conditions of employment equal to those laid down in the Member State in whose territory the work is performed with regard to:
maximum work periods and minimum rest periods, including specific measures regarding night work, work performed during weekends and public holidays and work performed in shifts; remuneration, including overtime rates; the conditions of hiring-out of workers, in particular the supply of workers by temporary employment undertakings; health, safety and hygiene at work; protective measures with regard to the terms and conditions of employment of pregnant women or women who have recently given birth, of children and of young people; equality of treatment between men and women and other provisions of non-discrimination; the conditions of workers’ accommodation; allowance rates to cover travel, board and lodging expenses for workers away from their habitual place of work.
In order to ensure transparency and access to information, Member States shall publish the constituent elements of remuneration , as defined by law and applicable collective agreements, on a dedicated single website.
Double payments of equal or similar nature shall be avoided. The worker shall be subject to the terms and conditions that are more favourable to him or her.
Temporary agency work and subcontracting : with a view to tackling abuses in subcontracting situations and in order to protect posted workers' rights, Member States should ensure, in accordance with national law and practice that posted workers receive all entitlements.
Member States shall ensure equal treatment between posted temporary agency workers and domestically employed temporary agency workers .
Information co-operation : this co-operation shall also consist of combating manifest abuses and possible cases of unlawful activities, such as transnational cases of undeclared work and bogus self-employment.
Measures in the event of non-compliance with the Directive : the host Member States and the Member States of establishment shall be responsible for the monitoring, control and enforcement of the obligations laid down in this Directive and shall take appropriate measures in the event of failure to comply with this Directive. The sanctions provided for shall be effective, proportionate and dissuasive.
Member States shall ensure that in the case of non-genuine posting, irrespective of which law applies to the employment relationship, the terms and conditions of the Member State where the service is provided apply.
Road transport : a recital stated that the implementation of the Posting of Workers Directive in this sector raises particular legal questions and difficulties which are addressed in the Commission’s proposal for a directive amending Directive 2006/22/EC as regards enforcement requirements and laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in the road transport sector, which is intended to provide for sector-specific legislation.
Documents
2017/10/23
EP - Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
2017/10/16
EP - Vote in committee, 1st reading
2017/10/16
EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2017/06/22
EP - Committee opinion
Documents
2017/06/15
EP - Specific opinion
Documents
2017/05/15
EP - Committee opinion
Documents
2017/05/04
EP - Amendments tabled in committee
Documents
2017/04/19
EP - GUTELAND Jytte (S&D) appointed as rapporteur in JURI
2017/03/21
EP - Amendments tabled in committee
Documents
2016/12/07
CofR - Committee of the Regions: opinion
Documents
2016/12/02
EP - Committee draft report
Documents
2016/11/13
CZ_CHAMBER - Contribution
Documents
2016/10/20
RO_CHAMBER - Contribution
Documents
2016/07/20
EC - Document attached to the procedure
Details
The Commission presented a communication on the proposal for a Directive amending the Posting of Workers Directive, with regard to the principle of subsidiarity , in accordance with Protocol No 2 to the Treaties.
Within this context, the Commission adopted on 8 March 2016 a proposal for a targeted revision of Directive 96/71/EC on Posting of Workers with a view to ensuring that the implementation of the freedom to provide services in the Union takes place under conditions that guarantee a level playing field for businesses and respect for the rights of workers.
Protocol No 2 to the Treaties on the application of the principles of subsidiarity and proportionality allows national Parliaments to issue reasoned opinions when they consider that a legislative proposal does not comply with the principle of subsidiarity.
Fourteen chambers of national Parliaments sent reasoned opinions to the Commission stating that the Commission proposal does not comply with the principle of subsidiarity.
Subsidiarity concerns raised by the national Parliaments : the subsidiarity arguments raised in the reasoned opinions of national Parliaments are the following:
1. The existing rules are sufficient and adequate : the Commission recalled that the objective of the proposal is to provide a more level playing field between national and cross-border service providers and to ensure that workers carrying out work at the same location are protected by the same mandatory rules, irrespective of whether they are local worker or posted workers, in all sectors of the economy.
Member States having the option, but not the obligation, to apply such rules in sectors other than the construction sector does not fully achieve this objective. Indeed, Member States can under such circumstances choose not to do so, hence failing to provide a level playing field and an adequate protection of posted workers in such other sectors.
The obligation for all Member States to apply the rules in all sectors of the economy cannot be established at national level but must be laid down at Union level. Therefore the Commission considers that the objective of the proposal on this point can be better achieved at Union level.
2. The Union is not the adequate level of the action : the objectives of the proposal are to facilitate the correct functioning of the Internal Market, in particular to facilitate the freedom to provide services, while ensuring a better level-playing field between national and cross-border service providers, an adequate protection of posted workers and clarity and predictability in the legal framework applicable to posted workers. The Commission considers that these objectives are interdependent and can be better achieved at Union level.
Individual action by the Member States could not achieve another important objective of the measures: bringing legal consistency throughout the Internal Market and clarity to the legal framework applicable to posted workers since the protection afforded to them would vary depending on the host Member State's approach.
3. The proposal fails to recognise explicitly Member States' competences on remuneration and conditions of employment : the Commission proposal fully and unequivocally respects the competence of the Member States to set the remuneration and other terms and conditions of employment, in accordance with their national law and practice and it states this explicitly. Recital No 12 confirms that "it is within Member States' competence to set rules on remuneration in accordance with their law and practice". The proposal hence does not regulate remuneration, nor does it define remuneration or the constituent elements of remuneration at Union level. It merely provides that mandatory rules on remuneration, as set by the Member States, should apply in a non-discriminatory manner to local and cross-border service providers and to local and posted workers.
4. The justification contained in the proposal with regard to the subsidiarity principle is too succinct : the Commission noted that the recitals of the draft Directive make clear why action at Union level is required to improve the Union regulatory framework concerning the posting of workers in some regards. Moreover, the Impact Assessment Report, which accompanies the proposal, gives a more detailed assessment of respect for the principle of the subsidiarity and proportionality of the proposal.
Conclusions : in line with its commitment to ensure that national Parliaments have a strong voice in European decision-making, the Commission carefully analysed the reasoned opinions. Before drawing its conclusions, it engaged directly with national Parliaments on the issues raised.
After having carefully analysed the reasoned opinions, the Commission concluded that the proposed revision of the Directive complies with the principle of subsidiarity .
Considering that all arguments raised by national Parliaments will play a role in the context of the legislative process, the Commission intends to address them in detail and separately by way of letters to the Parliaments concerned, under the “political dialogue”.
Documents
2016/06/16
CSL - Debate in Council
Documents
2016/06/16
CSL - Council Meeting
2016/06/15
FR_SENATE - Contribution
Documents
2016/05/30
IT_CHAMBER - Contribution
Documents
2016/05/26
PT_PARLIAMENT - Contribution
Documents
2016/05/26
CSL - Debate in Council
Documents
2016/05/26
CSL - Council Meeting
2016/05/23
EP - CAVADA Jean-Marie (ALDE) appointed as rapporteur in JURI
2016/05/10
EP - MORIN-CHARTIER Elisabeth (PPE) appointed as rapporteur in EMPL
2016/05/10
EP - JONGERIUS Agnes (S&D) appointed as rapporteur in EMPL
2016/05/09
IT_SENATE - Contribution
Documents
2016/05/08
ES_PARLIAMENT - Contribution
Documents
2016/04/20
EP - FORD Vicky (ECR) appointed as rapporteur in IMCO
2016/04/11
EP - Committee referral announced in Parliament, 1st reading
2016/03/09
EC - Document attached to the procedure
Documents
2016/03/09
EC - Document attached to the procedure
Documents
2016/03/08
EC - Legislative proposal published
Details
PURPOSE: to amending Directive 96/71/EC of The European Parliament and of the Council concerning the posting of workers in the framework of the provision of services to address unfair practices.
PROPOSED ACT: Directive of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: posting of workers supports the cross-border provision of services in the Internal Market, particularly in construction and some personal and business services sectors. Altogether, in 2014, there were over 1.9 million postings in the EU (representing 0.7% of a total EU labour force), up by 10.3% as compared to 2013 and by 44.4% with respect to 2010. The upward trend followed some stagnation during the years 2009 and 2010.
Directive 96/71/EC sets the EU regulatory framework to establish a balance between the objectives of promoting and facilitating the cross-border provision of services, providing protection to posted workers and ensuring a level-playing field between foreign and local competitors. It stipulates a 'core set' of terms and conditions of employment of the host Member State which are mandatory to be applied by foreign service providers, which include:
maximum work periods and minimum rest periods; the minimum rates of pay, including overtime rates; minimum paid annual holidays; the conditions of hiring-out of workers; health, safety and hygiene at work; protective measures in favour of pregnant women, mothers who have recently given birth, children, and young people; equality of treatment between genders.
The 2014 Enforcement Directive has provided for new and strengthened instruments to fight and sanction circumventions, fraud and abuses . It addresses problems caused by so-called "letter-box companies" and increases the Member States’ ability to monitor working conditions and enforce the rules applicable. It also lays down provisions to improve administrative cooperation between national authorities in charge of posting. Moreover, Member States have until 18 June 2016 to transpose the Directive.
The current initiative does not address any issue touched upon by the Enforcement Directive. Rather, it focuses on issues which were not addressed by it and pertain to the EU regulatory framework set by the original 1996 Directive.
IMPACT ASSESSMENT: this proposal is accompanied by an Impact Assessment Report which analysis the phenomenon of posting, describes the problem with the current legal framework, envisages different policy options to address it and finally assesses the social and economic impact of the policy options.
CONTENT: the proposal of targeted amendments to the Posting of Workers Directive integrates and complements the provisions set in the Enforcement Directive, which is to be transposed by 18 June 2016. It seeks to ensure fair wage conditions to posted workers and a level playing field between posting and local companies in the host country.
The new text introduces three main changes:
Posting exceeds twenty-four months : the proposal provides the following:
when it is anticipated that the duration of posting will be superior to 24 months or when the effective duration of posting exceeds 24 months, the host Member State is deemed to be the country in which the work is habitually carried out ;
in application of the rules of the Rome I Regulation , the labour law of the host Member Sate will therefore apply 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;
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.
Work and employment conditions, including in situations of sub-contracting : the proposed revision:
makes the collective agreements universally applicable to posted workers in all sectors of the economy, irrespective of whether the activities are referred to in the annex to the Directive 96/71/EC (which currently is the case only for the construction sector);
implies that the rules on remuneration applicable to local workers, stemming from the law or collective agreements universally applicable, are also applicable to posted workers;
imposes on Member States an obligation to publish in the website the constituent elements of remuneration applicable to posted workers;
gives the faculty to Member States to oblige undertakings to subcontract only to undertakings that grant workers certain conditions on remuneration applicable to the contractor , including those resulting from non-universally applicable collective agreements. This is only possible on a proportionate and non-discriminatory basis and would thus in particular require that the same obligations be imposed on all national sub-contractors.
Rules for temporary agency workers : a new provision sets the conditions applicable to the workers hired out by a temporary agency established in a Member State other than the Member State of establishment of the user undertaking.
This new measure specifies that the conditions to be applied to cross-border agencies hiring out workers must be those that are applied to national agencies hiring out workers. Contrary to the current Directive, this is now a legal obligation imposed on Member States.
Documents
Documents
- Final act published in Official Journal: Directive 2018/957
- Final act published in Official Journal: OJ L 173 09.07.2018, p. 0016
- Final act published in Official Journal: Corrigendum to final act 32018L0957R(01)
- Final act published in Official Journal: OJ L 091 29.03.2019, p. 0077
- Draft final act: 00018/2018/LEX
- Commission response to text adopted in plenary: SP(2018)414
- Results of vote in Parliament: Results of vote in Parliament
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 1st reading: T8-0213/2018
- Contribution: COM(2016)0128
- Committee report tabled for plenary, 1st reading: A8-0319/2017
- Committee opinion: PE597.398
- Specific opinion: PE604.710
- Committee opinion: PE597.610
- Amendments tabled in committee: PE601.105
- Amendments tabled in committee: PE601.026
- Committee of the Regions: opinion: CDR2881/2016
- Committee draft report: PE582.163
- Contribution: COM(2016)0505
- Contribution: COM(2016)0505
- Document attached to the procedure: COM(2016)0505
- Document attached to the procedure: EUR-Lex
- Debate in Council: 3475
- Contribution: COM(2016)0128
- Contribution: COM(2016)0128
- Contribution: COM(2016)0128
- Debate in Council: 3470
- Contribution: COM(2016)0128
- Contribution: COM(2016)0128
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2016)0052
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2016)0053
- Legislative proposal published: COM(2016)0128
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: EUR-Lex SWD(2016)0052
- Document attached to the procedure: EUR-Lex SWD(2016)0053
- Document attached to the procedure: COM(2016)0505 EUR-Lex
- Committee draft report: PE582.163
- Committee of the Regions: opinion: CDR2881/2016
- Amendments tabled in committee: PE601.026
- Amendments tabled in committee: PE601.105
- Committee opinion: PE597.610
- Specific opinion: PE604.710
- Committee opinion: PE597.398
- Commission response to text adopted in plenary: SP(2018)414
- Draft final act: 00018/2018/LEX
- Contribution: COM(2016)0505
- Contribution: COM(2016)0505
- Contribution: COM(2016)0128
- Contribution: COM(2016)0128
- Contribution: COM(2016)0128
- Contribution: COM(2016)0128
- Contribution: COM(2016)0128
- Contribution: COM(2016)0128
Activities
- Dominique MARTIN
- Elisabeth MORIN-CHARTIER
Plenary Speeches (2)
- Dobromir SOŚNIERZ
- Marianne THYSSEN
Plenary Speeches (2)
- Guillaume BALAS
Plenary Speeches (1)
- Michael DETJEN
Plenary Speeches (1)
- Adam GIEREK
Plenary Speeches (1)
- Czesław HOC
Plenary Speeches (1)
- Danuta JAZŁOWIECKA
Plenary Speeches (1)
- Rina Ronja KARI
Plenary Speeches (1)
- Thomas MANN
Plenary Speeches (1)
- Notis MARIAS
Plenary Speeches (1)
- József NAGY
Plenary Speeches (1)
- Artis PABRIKS
Plenary Speeches (1)
- Emilian PAVEL
Plenary Speeches (1)
- Jasenko SELIMOVIC
Plenary Speeches (1)
- Siôn SIMON
Plenary Speeches (1)
- Monika SMOLKOVÁ
Plenary Speeches (1)
- Csaba SÓGOR
Plenary Speeches (1)
- Igor ŠOLTES
Plenary Speeches (1)
- Richard SULÍK
Plenary Speeches (1)
- Adam SZEJNFELD
Plenary Speeches (1)
- Ulrike TREBESIUS
Plenary Speeches (1)
- Marita ULVSKOG
Plenary Speeches (1)
- Marie-Pierre VIEU
Plenary Speeches (1)
- Sotirios ZARIANOPOULOS
Plenary Speeches (1)
Votes
A8-0319/2017 - Elisabeth Morin-Chartier et Agnes Jongerius - Am 39 29/05/2018 12:42:13.000 #
2018/05/29 Outcome: +: 456, -: 147, 0: 49
| DE | IT | FR | ES | RO | PT | AT | NL | BE | BG | IE | FI | HR | MT | SI | SK | CY | EE | LV | DK | SE | LU | LT | ?? | EL | CZ | HU | GB | PL | ||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Total |
87
|
62
|
67
|
45
|
29
|
19
|
17
|
23
|
19
|
15
|
8
|
10
|
11
|
6
|
5
|
12
|
5
|
6
|
8
|
7
|
19
|
5
|
10
|
1
|
15
|
17
|
15
|
61
|
46
|
|
| S&D |
162
|
Germany S&DFor (23)Arndt KOHN, Bernd LANGE, Birgit SIPPEL, Constanze KREHL, Dietmar KÖSTER, Evelyne GEBHARDT, Gabriele PREUSS, Iris HOFFMANN, Ismail ERTUG, Jakob von WEIZSÄCKER, Jens GEIER, Jo LEINEN, Maria NOICHL, Martina WERNER, Michael DETJEN, Norbert NEUSER, Peter SIMON, Petra KAMMEREVERT, Susanne MELIOR, Sylvia-Yvonne KAUFMANN, Tiemo WÖLKEN, Udo BULLMANN, Ulrike RODUST
|
Italy S&DFor (28)Alessia Maria MOSCA, Andrea COZZOLINO, Brando BENIFEI, Caterina CHINNICI, Cécile Kashetu KYENGE, Damiano ZOFFOLI, Daniele VIOTTI, Elena GENTILE, Elly SCHLEIN, Enrico GASBARRA, Flavio ZANONATO, Giuseppe FERRANDINO, Isabella DE MONTE, Luigi MORGANO, Massimo PAOLUCCI, Mercedes BRESSO, Michela GIUFFRIDA, Nicola CAPUTO, Nicola DANTI, Paolo DE CASTRO, Patrizia TOIA, Pier Antonio PANZERI, Pina PICIERNO, Renata BRIANO, Renato SORU, Sergio Gaetano COFFERATI, Silvia COSTA, Simona BONAFÈ
|
Portugal S&DFor (8) |
Austria S&D |
2
|
2
|
4
|
1
|
1
|
2
|
3
|
3
|
2
|
1
|
1
|
2
|
Sweden S&D |
1
|
2
|
2
|
4
|
3
|
United Kingdom S&DFor (18) |
Poland S&DFor (5) |
|||||
| PPE |
188
|
Germany PPEFor (26)Albert DESS, Andreas SCHWAB, Angelika NIEBLER, Axel VOSS, Birgit COLLIN-LANGEN, Burkhard BALZ, Christian EHLER, David McALLISTER, Dennis RADTKE, Dieter-Lebrecht KOCH, Elmar BROK, Godelieve QUISTHOUDT-ROWOHL, Jens GIESEKE, Joachim ZELLER, Karl-Heinz FLORENZ, Manfred WEBER, Markus PIEPER, Michael GAHLER, Monika HOHLMEIER, Norbert LINS, Peter JAHR, Peter LIESE, Rainer WIELAND, Sven SCHULZE, Werner KUHN, Werner LANGEN
Against (4)Abstain (3) |
Italy PPEFor (8)Abstain (1) |
France PPEFor (18)Alain CADEC, Alain LAMASSOURE, Angélique DELAHAYE, Anne SANDER, Arnaud DANJEAN, Brice HORTEFEUX, Elisabeth MORIN-CHARTIER, Franck PROUST, Françoise GROSSETÊTE, Geoffroy DIDIER, Jérôme LAVRILLEUX, Marc JOULAUD, Michel DANTIN, Michèle ALLIOT-MARIE, Nadine MORANO, Philippe JUVIN, Renaud MUSELIER, Tokia SAÏFI
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Spain PPEFor (16)Agustín DÍAZ DE MERA GARCÍA CONSUEGRA, Antonio LÓPEZ-ISTÚRIZ WHITE, Carlos ITURGAIZ, Esteban GONZÁLEZ PONS, Esther HERRANZ GARCÍA, Francisco José MILLÁN MON, Francisco de Paula GAMBUS MILLET, Gabriel MATO, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA, Luis de GRANDES PASCUAL, Pilar del CASTILLO VERA, Ramón Luis VALCÁRCEL SISO, Rosa ESTARÀS FERRAGUT, Santiago FISAS AYXELÀ, Teresa JIMÉNEZ-BECERRIL BARRIO, Verónica LOPE FONTAGNÉ
|
Romania PPEFor (9)Against (2)Abstain (1) |
Portugal PPEFor (7) |
Austria PPEFor (4)Abstain (1) |
Netherlands PPE |
4
|
Bulgaria PPE |
3
|
2
|
5
|
3
|
3
|
Slovakia PPEFor (3)Abstain (3) |
1
|
1
|
4
|
1
|
Sweden PPEAgainst (4) |
3
|
2
|
2
|
Czechia PPEAgainst (4)Abstain (1) |
Hungary PPEFor (1)Against (8) |
2
|
Poland PPEFor (10)Against (9) |
|
| Verts/ALE |
47
|
Germany Verts/ALEFor (13) |
1
|
France Verts/ALEFor (6) |
4
|
3
|
2
|
2
|
1
|
1
|
1
|
1
|
1
|
4
|
1
|
1
|
United Kingdom Verts/ALEFor (5) |
|||||||||||||
| GUE/NGL |
45
|
Germany GUE/NGLFor (7) |
3
|
France GUE/NGLFor (2)Against (2) |
Spain GUE/NGLFor (8)Abstain (1) |
3
|
3
|
4
|
1
|
2
|
1
|
Greece GUE/NGLAgainst (1)Abstain (1) |
2
|
1
|
||||||||||||||||
| ALDE |
62
|
3
|
France ALDEFor (7) |
Spain ALDEAgainst (2)Abstain (1) |
3
|
1
|
1
|
Netherlands ALDEFor (7) |
Belgium ALDEFor (6) |
4
|
3
|
2
|
1
|
3
|
1
|
1
|
3
|
1
|
3
|
4
|
1
|
|||||||||
| EFDD |
37
|
1
|
13
|
France EFDDFor (1)Abstain (4) |
2
|
1
|
1
|
United Kingdom EFDDAgainst (13) |
1
|
|||||||||||||||||||||
| ENF |
29
|
1
|
Italy ENFAbstain (6) |
France ENFFor (1) |
3
|
3
|
1
|
2
|
||||||||||||||||||||||
 NI |
18
|
2
|
2
|
1
|
Greece NIAgainst (5) |
2
|
4
|
2
|
||||||||||||||||||||||
| ECR |
62
|
4
|
2
|
2
|
2
|
Belgium ECRAgainst (2)Abstain (2) |
2
|
2
|
1
|
3
|
1
|
2
|
1
|
1
|
1
|
United Kingdom ECRAgainst (17) |
Poland ECRAgainst (17) |
| Amendments | Dossier |
| 840 |
2016/0070(COD)
2017/03/08
EMPL
500 amendments...
Amendment 100 #
Proposal for a directive Recital 7 (7) The Rome I Regulation clarifies also the situation of posted workers as it provides that the country where the work is habitually carried out shall not be deemed to have changed if he is temporarily employed in another country.
Amendment 101 #
Proposal for a directive Recital 7 (7) The Rome I Regulation 1a further provides that the country where the worker is habitually
Amendment 102 #
Proposal for a directive Recital 7 a (new) Amendment 103 #
Proposal for a directive Recital 7 a (new) (7a) The ECJ case-law has established that posted workers do not in any way gain access to the host country´s labour market if they return to their country of origin after completion of their work.
Amendment 104 #
Proposal for a directive Recital 7 b (new) Amendment 105 #
Proposal for a directive Recital 7 b (new) (7b) The aim of Directive 2014/67/EU is also to identify genuine posting and prevent abuse and circumvention.
Amendment 106 #
(7c) The aim of Art. 4 of Directive 2014/67/EU on the Enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services is to identify genuine posting and prevent abuse and circumvention.
Amendment 107 #
Proposal for a directive Recital 8 Amendment 108 #
Proposal for a directive Recital 8 Amendment 109 #
Proposal for a directive Recital 8 (8)
Amendment 110 #
Proposal for a directive Recital 8 (8) In view of the long duration of certain posting assignments
Amendment 111 #
Proposal for a directive 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
Amendment 112 #
Proposal for a directive 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
Amendment 113 #
Proposal for a directive Recital 8 (8) In view of the
Amendment 114 #
Proposal for a directive Recital 8 (8) In view of the
Amendment 115 #
(8) In view of the
Amendment 116 #
Proposal for a directive Recital 8 (8) In view of the long duration of certain posting assignments, it is necessary to provide that
Amendment 117 #
Proposal for a directive Recital 8 (8) In
Amendment 118 #
Proposal for a directive 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
Amendment 119 #
Proposal for a directive 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 period may be exceeded up to 36 months in the case that the posting is related to the implementation of a specific project following a preliminary fixed time-line and providing that such facts are explicitly mentioned and justified in the posting assignment. 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
Amendment 120 #
Proposal for a directive 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, unless a derogation has been obtained by the employer from the national social security administration in accordance with Regulation 883/2004/EC. In accordance with the principle of Rome I Regulation, the law of the host Member Sates
Amendment 121 #
Proposal for a directive 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 12
Amendment 122 #
Proposal for a directive 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
Amendment 123 #
Proposal for a directive 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 uninterrupted 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
Amendment 124 #
Proposal for a directive 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
Amendment 125 #
Proposal for a directive Recital 8 a (new) (8a) Given the need to promote fair mobility and avoid unfair competition, the social security contributions of posted workers should be paid into a common public fund set up at EU level and managed in accordance with the provisions of Regulation 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems. The social security contribution payable by companies for each posted worker should be equal to the EU average, provided that this amount is higher than the average contribution in the Member State in which the work is done or the activity for which the posted worker was contracted.
Amendment 126 #
Proposal for a directive 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 127 #
Proposal for a directive Recital 8 a (new) (8a) In the event that the posting is found not to be genuine, the applicable terms and conditions of employment should, in order to protect the worker, be those established by the Member State to whose territory the worker is posted, without prejudice to any terms and conditions of employment that are more favourable to the worker.
Amendment 128 #
Proposal for a directive Recital 8 a (new) (8a) It is the prerogative of the national competent authorities to assess whether the professional activity pursued in the context of provision of services is genuine and whether the provisions of this Directive are applicable in each individual case according to Directive Art. 4 of Directive 2014/67/EU.
Amendment 129 #
Proposal for a directive Recital 8 a (new) (8a) There is a need for Member States to have at their discretion the ability to extend the time limit for posted workers due to unforeseen circumstances, for example if a project takes longer than expected to complete
Amendment 130 #
Proposal for a directive Recital 8 a (new) (8a) In order to rule out any risk of the law being circumvented through the use of a series of short postings during which the same task is carried out, the aggregate duration of postings should be taken into account.
Amendment 131 #
Proposal for a directive Recital 8 a (new) (8a) The more favourable employment law (between that of the host Member State and that of the Member State of origin) should apply from the first day of the posted worker’s period of employment.
Amendment 132 #
Proposal for a directive Recital 8 a (new) (8a) When calculating the duration of posting, only postings within the same contract concluded by the undertaking referred to in Article 1 (1) should be taken into account.
Amendment 133 #
Proposal for a directive Recital 8 b (new) (8b) When assessing working place for the purpose of calculating the duration of posting in the context of replacement, the working place should be understood as the very same working place where the worker is posted to the same working position to perform the same tasks.
Amendment 134 #
Proposal for a directive Recital 8 c (new) (8c) For the calculation of the remuneration within the meaning of this Directive, minimum rates of pay and other mandatory elements, laid down by law or universally applicable collective agreements or arbitration awards, are to be taken into account, provided that these elements do not alter the relationship between the service provided by a workers and the consideration which the worker receives in return. The mandatory elements are the elements which apply to all workers and that are not optional or dependent on certain events or factors. Member States should specify in a transparent way the different elements of remuneration applicable on their territory. Posted worker should be entitled to the gross amount of remuneration which does not have to comply with the all mandatory elements but to the amount required.
Amendment 135 #
Proposal for a directive Recital 9 (9) It is settled case law that restrictions to the freedom to provide services are only admissible if justified by overriding reasons in the public interest and must be proportionate and necessary. Member States should retain the authority to carry out all the checks required to combat the fraudulent use of Directive 96/71/EC. Where this is deemed necessary to prevent dumping, the exploitation of workers or any other practice which undermines the competitiveness of a sector, Member States may take whatever measures they regard as appropriate the prevent the misuse of Directive 96/71/EC or even suspend the application of that Directive on their territory.
Amendment 136 #
Proposal for a directive Recital 9 (9) It is settled case law that
Amendment 137 #
Proposal for a directive Recital 9 (9) Article 56 of the Treaty on the Functioning of the European Union (TFEU) requires the abolition of any restriction on the freedom to provide services, even if that restriction applies without distinction to national service providers and to those of other Member States, which is liable to prohibit, impede and render less attractive the activities of a service provider established in another Member State where it lawfully provides similar services. It is settled case law that restrictions to the freedom to provide services are only admissible if justified by overriding reasons
Amendment 138 #
Proposal for a directive Recital 9 (9) It is settled case law that restrictions to the freedom to provide services are only admissible if justified by overriding reasons in the public interest and must be proportionate and necessary, as emphasised by the CJEU, for example, in its judgment of 12 October 2004 in Case C-60/03, Wolff & Müller GmbH & Co. KG v José Filipe Pereira Félix, which recognised the obligation to act as guarantor as valid in EU law.
Amendment 139 #
Proposal for a directive Recital 9 (9) It is settled case law that restrictions to the freedom to provide services are only admissible if justified by overriding reasons
Amendment 140 #
Proposal for a directive Recital 9 a (new) (9a) Directive 2014/67/EC on the enforcement of Directive 96/71/EC provides a number of provisions to make sure that rules on posting of workers are enforced and are obeyed by all service providers. Article 4 of the enforcement Directive provides a clear list of elements that should be assessed in order to identify the genuine posting and prevent abuse as well as circumvention.
Amendment 141 #
Proposal for a directive Recital 9 a (new) (9a) Directive 2014/67/EU on the enforcement of Directive 96/71/EC provides a number of provisions to make sure that rules on posting of workers are enforced and are respected by all service providers. Article 4 of the enforcement directive provides a list of elements that should be assessed in order to identify the genuine posting and prevent abuse and circumvention.
Amendment 142 #
Proposal for a directive Recital 9 a (new) (9a) To improve compliance with this Directive and stop circumvention it is of utmost importance that Member States make better use of Article 5 so as to ensure that this Directive is fully complied with. In the case of non-compliance effective, dissuasive and proportionate sanctions must be put into place immediately.
Amendment 143 #
Proposal for a directive Recital 9 a (new) (9a) It is settled case law that personal means for visual identification per sector can be used by Member States to verify the registration prior to the posting (C- 315/13 - N.V. Thermotec);
Amendment 144 #
Proposal for a directive Recital 9 a (new) (9a) The race to the bottom only on prices would undermine and destroy the systems of collective bargaining.
Amendment 145 #
Proposal for a directive Recital 10 Amendment 146 #
Proposal for a directive Recital 10 Amendment 147 #
Proposal for a directive Recital 10 Amendment 148 #
Proposal for a directive Recital 10 Amendment 149 #
Proposal for a directive Recital 10 Amendment 150 #
Proposal for a directive Recital 10 (10) Because of the highly mobile nature of work in international road transport,
Amendment 151 #
Proposal for a directive Recital 10 (10) Because of the highly mobile nature of work in international road transport
Amendment 152 #
Proposal for a directive Recital 10 (10) Because of the highly mobile nature of work in international road transport,
Amendment 153 #
Proposal for a directive 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
Amendment 154 #
Proposal for a directive Recital 10 (10) Because of the highly mobile nature of work in international road transport, the
Amendment 155 #
Proposal for a directive Recital 10 (10) Because of the highly mobile nature of work in international road transport
Amendment 156 #
Proposal for a directive Recital 10 (10) Because of the highly mobile nature of work in international road transport, the
Amendment 157 #
Proposal for a directive 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).
Amendment 158 #
Proposal for a directive 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).
Amendment 159 #
Proposal for a directive Recital 10 (10) Because of the highly mobile nature of work in
Amendment 160 #
Proposal for a directive 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).
Amendment 161 #
Proposal for a directive 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 market
Amendment 162 #
Proposal for a directive 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 market. In cases where a short posting assignment involves a number of Member States, and thus a range of pay rates, pay structures, leave arrangements and allowance types and rates, as well as languages in which the relevant information is available, it is extremely complicated to calculate the amounts payable. Most micro-enterprises in the international road haulage sector may find the new requirements to be brought in under this proposal amending Directive 96/71/EC to be impossible to meet. There is also a risk of workers being dismissed after the first 24 months of a posting assignment because of the complications and costs involved in calculating the rate of pay that is to apply after that period. Accordingly, some of the changes to Directive 96/71/EC that are to be brought in under this proposal should not apply to the international road haulage sector.
Amendment 163 #
Proposal for a directive 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 to be adopted without delay together with other EU initiatives aimed at improving the functioning of the internal road transport market.
Amendment 164 #
Proposal for a directive Recital 10 a (new) (10a) During the implementation of the current posting of workers directive must be enforced fully and at the same time the unlawful practice of undeclared work shall be eliminated by strengthened efforts by the European Commission in all relevant areas in order to defend the rights and opportunities of the posted workers.
Amendment 165 #
Proposal for a directive Recital 10 a (new) (10a) As posting of workers is transnational and cross-border by nature, the Member States shall establish a European system of labour inspectorates and labour inspections. At least the exchange of information on posting companies and posted workers shall be established and fraud and misuse listed.
Amendment 166 #
Proposal for a directive Recital 11 Amendment 167 #
Proposal for a directive Recital 11 (11) In a
Amendment 168 #
Proposal for a directive Recital 11 (11) In a competitive internal market, service providers compete
Amendment 169 #
Proposal for a directive Recital 11 (11) In a competitive internal market, service providers compete
Amendment 170 #
Proposal for a directive Recital 11 (11) In a
Amendment 171 #
Proposal for a directive Recital 11 (11) In a competitive internal market, service providers compete not only on the basis of a labour costs but also
Amendment 172 #
Proposal for a directive Recital 11 (11) In a competitive internal market, service providers compete not only on the basis of a labour costs but also on factors such as productivity and efficiency,
Amendment 173 #
Proposal for a directive Recital 11 (11) In a competitive internal market, service providers compete
Amendment 174 #
Proposal for a directive Recital 11 (11) In a competitive internal market, service providers compete
Amendment 175 #
Proposal for a directive Recital 11 (11) In a competitive internal market,
Amendment 176 #
Proposal for a directive Recital 11 (11) In a
Amendment 177 #
Proposal for a directive Recital 11 (11) In a competitive internal market, service providers compete not only on the basis of a labour costs, giving rise to social dumping which undermines the competitiveness of firms, and in particular SMEs, but also on factors such as productivity and efficiency, or the quality and innovation of their goods and services.
Amendment 178 #
Proposal for a directive Recital 11 (11) In a competitive internal market, service providers compete not only on the basis of
Amendment 179 #
Proposal for a directive Recital 11 (11) In a competitive internal market, service providers compete not only on the basis of a labour costs but also on factors such as productivity and efficiency,
Amendment 180 #
Proposal for a directive Recital 11 (11) In a competitive internal market, service providers compete not only on the basis of
Amendment 181 #
Proposal for a directive Recital 11 (11) In a competitive internal market, service providers compete not only on the basis of
Amendment 182 #
Proposal for a directive Recital 11 a (new) (11a) Respect for the diversity of national industrial relations systems as well as the autonomy of social partners is explicitly recognised by the TFEU.
Amendment 183 #
Proposal for a directive Recital 12 (12) It is within Member States' exclusive competence to set rules on remuneration in accordance with
Amendment 184 #
Proposal for a directive Recital 12 (12) It is within Member States' competence to set rules on remuneration in accordance with
Amendment 185 #
Proposal for a directive Recital 12 (12) It is within Member States' exclusive competence to set rules on remuneration in accordance with their
Amendment 186 #
Proposal for a directive Recital 12 (12)
Amendment 187 #
Proposal for a directive Recital 12 (12) It is within Member States' exclusive competence to set rules on
Amendment 188 #
Proposal for a directive Recital 12 (12) It is within Member States' competence to set rules on remuneration in accordance with their law
Amendment 189 #
Proposal for a directive Recital 12 (12) It is within Member States' competence to set rules on
Amendment 190 #
Proposal for a directive Recital 12 (12) It is within Member States' competence to set rules on
Amendment 191 #
Proposal for a directive Recital 12 (12) It is within Member States' competence to set rules on
Amendment 192 #
Proposal for a directive 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
Amendment 193 #
Proposal for a directive Recital 12 (12) It is within Member States' competence to set rules on remuneration in accordance with their law and practice. It is up to each member state to determine which elements of payment that applies to posted workers. However, national rules on remuneration applied to posted workers, when they exist, must be justified by the need to protect posted workers and must not disproportionately restrict the cross- border provision of services.
Amendment 194 #
Proposal for a directive Recital 12 (12) It is within Member States' exclusive competence to set rules on remuneration in accordance with their law and practice and no European provisions should interfere with this . However, national rules on remuneration applied to posted workers must be justified by the need to protect posted workers and must
Amendment 195 #
Proposal for a directive Recital 12 (12) It is within Member States' competence to set rules on remuneration in accordance with their law and practice and in compliance with article 56 of the Treaty on the Functioning of the European Union. 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.
Amendment 196 #
Proposal for a directive Recital 12 (12) It is within Member States' competence to set rules on
Amendment 197 #
Proposal for a directive Recital 12 (12) It is within Member States' competence to set rules on r
Amendment 198 #
Proposal for a directive Recital 12 (12) It is within Member States' competence to set rules on remuneration in accordance with their law and practice.
Amendment 199 #
Proposal for a directive 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
Amendment 200 #
Proposal for a directive Recital 12 a (new) Amendment 201 #
Proposal for a directive Recital 12 a (new) (12a) For workers posted to a country where the native language is not their mother tongue, the member states and relevant authorities must ensure that posted workers receive contracts and any other administrative documents in a format that is clearly understandable to the worker by providing interpretation and translation where required.
Amendment 202 #
(12a) The setting of wages is a matter for the Member States and social partners alone; particular care should be taken not to undermine the freedom to negotiate wage settlements and freedom of contract, so that wages can continue to be set independently and on the responsibility of the parties involved.
Amendment 203 #
Proposal for a directive Recital 12 b (new) Amendment 204 #
Proposal for a directive Recital 13 Amendment 205 #
Proposal for a directive Recital 13 (13)
Amendment 206 #
Proposal for a directive Recital 13 (13) The
Amendment 207 #
Proposal for a directive Recital 13 (13) The elements of r
Amendment 208 #
Proposal for a directive Recital 13 (13) The elements of
Amendment 209 #
Proposal for a directive Recital 13 (13) The
Amendment 210 #
Proposal for a directive Recital 13 (13) The elements of remuneration
Amendment 211 #
Proposal for a directive Recital 13 (13) The elements of remuneration
Amendment 212 #
Proposal for a directive Recital 13 (13) The elements of remuneration under national law or universally applicable collective agreements should be clear and transparent to all service providers. It is therefore justified
Amendment 213 #
Proposal for a directive Recital 13 (13) The elements of remuneration
Amendment 214 #
Proposal for a directive Recital 13 (13) The elements of remuneration under national law
Amendment 215 #
Proposal for a directive Recital 13 (13) The legal elements of remuneration
Amendment 216 #
Proposal for a directive Recital 13 (13) The elements of remuneration under national law or universally applicable collective agreements should be clear and transparent to all service
Amendment 217 #
Proposal for a directive Recital 13 (13) The elements of remuneration under national law or universally applicable collective agreements should be clear and transparent to all service providers and posted workers. It is therefore justified to impose on Member States the obligation to publish the constituent elements of remuneration on the single website provided for by
Amendment 218 #
Proposal for a directive Recital 13 (13) The elements of remuneration under national law or universally applicable collective agreements should be clear and transparent to all service providers and posted workers. It is therefore justified to impose on Member States the obligation to publish the constituent elements of remuneration on the single website provided for by Article 5 of the Enforcement Directive as transparency and access to information are key elements for service providers. The provision of information on the single website should be in line with national law and practice and should respect the autonomy of the social partners.
Amendment 219 #
Proposal for a directive Recital 13 (13) The elements of remuneration under national law or universally applicable collective agreements should be clear and transparent to all service providers. It is therefore justified to impose on Member States the obligation to publish the constituent elements of remuneration on the single website provided for by Article 5 of the Enforcement Directive. It is important for each Member State to ensure that its website works properly and is updated on a regular basis. The Commission should ensure that the addresses of those websites and details of how frequently the sites are updated are available in one place.
Amendment 220 #
Proposal for a directive Recital 13 (13) The elements of remuneration, the method used to calculate the remuneration due and where relevant, the qualifying criteria for classification in the different wage categories under national law or universally applicable collective agreements should be clear and transparent to all service providers. It is therefore justified to impose on Member States the obligation to publish the constituent elements of remuneration on the single website provided for by Article 5 of the Enforcement Directive.
Amendment 221 #
Proposal for a directive Recital 13 a (new) (13a) Member States should significantly speed up the establishment of the single official national website referred to in Article 5 of Directive 2014/67/EU; the arrangements for using the website should take particular account of the needs of small and medium-sized enterprises.
Amendment 222 #
Proposal for a directive Recital 13 a (new) (13a) This Directive establishes a protective framework for posted workers, which is non-discriminatory, transparent and proportionate while respecting the diversity of national industrial relations. It does not prevent application of terms and conditions of employment which are more favourable to posted workers.
Amendment 223 #
Proposal for a directive Recital 13 a (new) (13a) All measures introduced by this Directive should be justified and proportionate so as not to create administrative burdens or to limit the potential that undertakings, in particular small and medium-sized enterprises (SMEs), have to create new jobs, while protecting posted workers.
Amendment 224 #
Proposal for a directive Recital 13 a (new) (13a) There must be a sufficient labour inspectorate in the member states, to monitor the working conditions of posted workers and to ensure that fraudulent posting, contracting and bogus self- employment do not take place under the legislation.
Amendment 225 #
Proposal for a directive Recital 13 a (new) (13a) In accordance with the ILO Recommendation No 198 on the Determination of Employment Relationships, the determination of the existence of such a relationship should be guided primarily by the facts relating to the performance of work and the remuneration of the worker, notwithstanding how the relationship is characterized in any contrary arrangement, contractual or otherwise, that may have been agreed between the parties.
Amendment 226 #
Proposal for a directive Recital 13 a (new) (13a) This Directive should not affect the right to negotiate, conclude and enforce collective wage agreements and to take collective action in accordance with national law and practice.
Amendment 227 #
Proposal for a directive 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 228 #
Proposal for a directive Recital 14 Amendment 229 #
Proposal for a directive Recital 14 Amendment 230 #
Proposal for a directive Recital 14 (14)
Amendment 231 #
Proposal for a directive Recital 14 (14)
Amendment 232 #
Proposal for a directive Recital 14 (14)
Amendment 233 #
Proposal for a directive Recital 14 (14) Laws, regulations, administrative provisions or universally applicable collective agreements
Amendment 234 #
(14) Laws, regulations, administrative provisions or collective agreements applicable in Member States may ensure that subcontracting does not confer on undertakings the possibility to avoid rules guaranteeing
Amendment 235 #
Proposal for a directive Recital 14 (14) Laws, regulations, administrative provisions or collective agreements applicable in Member States may ensure that subcontracting does not confer on undertakings the possibility to avoid rules guaranteeing certain terms and conditions of employment covering remuneration. Where such rules on remuneration exist at national level, the Member State may apply them in a non-discriminatory manner to undertakings posting workers to its territory
Amendment 236 #
Proposal for a directive Recital 14 (14) Laws, regulations, administrative provisions or collective agreements applicable in Member States may ensure that subcontracting does not confer on undertakings the possibility to avoid rules guaranteeing certain terms and conditions of employment covering remuneration. Where such rules on remuneration exist at national level, insofar as it concerns the activities referred to in the Annex, the Member State may apply them in a non- discriminatory manner to undertakings posting workers to its territory provided that they do not disproportionately restrict the cross-border provision of services.
Amendment 237 #
Proposal for a directive Recital 14 (14) Laws, regulations, administrative provisions or collective agreements applicable in Member States
Amendment 238 #
Proposal for a directive Recital 14 (14) Laws, regulations, and national practices, including administrative provisions or collective agreements applicable in Member States may ensure that subcontracting does not confer on undertakings the possibility to avoid rules guaranteeing certain terms and conditions of employment covering remuneration. Where such rules on remuneration exist at national level, the Member State may apply them in a non-discriminatory manner to undertakings posting workers to its territory provided that they do not disproportionately restrict the cross-border provision of services.
Amendment 239 #
Proposal for a directive Recital 14 (14) Laws, regulations, administrative provisions or collective agreements applicable in Member States may ensure that subcontracting does not confer on undertakings the possibility to avoid rules
Amendment 24 #
Draft legislative resolution Citation 2 – having regard to Article 294(2) and Articles 53(1), 56 and 62 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8- 0114-2016),
Amendment 240 #
Proposal for a directive Recital 14 (14) Laws, regulations, administrative provisions or collective agreements applicable in Member States
Amendment 241 #
Proposal for a directive Recital 14 (14) Laws, regulations, administrative provisions or collective agreements applicable in Member States may ensure that subcontracting does not confer on undertakings the possibility to avoid rules guaranteeing certain terms and conditions of employment covering remuneration. Where such rules on remuneration exist at national level, the Member State may apply them in a non-discriminatory manner to undertakings posting workers to its territory provided that they do not
Amendment 242 #
Proposal for a directive Recital 14 a (new) (14a) Abuse and legal uncertainty in cases of chain postings and postings involving several jurisdictions should be prevented. Therefore, in cases where a posting situation falls under more than two national jurisdictions, the applicable terms and conditions of employment should be those established by the host Member State where the service is provided, without prejudice to more favourable conditions afforded to the worker under provisions from which the parties cannot derogate by agreement under the national law which would have applied otherwise.
Amendment 243 #
Proposal for a directive Recital 14 a (new) (1a) Joint and several liability mechanisms will apply in all sectors where a posting takes place. The main contractor shall be liable for the compliance of all subcontractors with employment terms and conditions and social security obligations.
Amendment 244 #
Proposal for a directive Recital 14 a (new) (14a) With a view to tackling abuses in subcontracting situations and in order to protect posted workers' rights, Member States should ensure, in accordance with national law and practices that posted workers receive all entitlements.
Amendment 245 #
Proposal for a directive 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 246 #
Proposal for a directive Recital 14 a (new) (14a) With a view to tackling abuses in connection with subcontracting and in order to protect posted workers' rights, Member States should enforce existing rules and provisions more strictly.
Amendment 247 #
Proposal for a directive Recital 14 a (new) (14a) Member States should enforce existing rules on subcontracting strictly and consistently.
Amendment 248 #
Proposal for a directive Recital 15 Amendment 249 #
Proposal for a directive Recital 15 Amendment 25 #
Draft legislative resolution Citation 2 – having regard to Article 294(2) and Articles 53(1), 56 and 62 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8- 0114-2016),
Amendment 250 #
Proposal for a directive Recital 15 (15) Directive 2008/104/EC of the European Parliament and of the Council on temporary agency
Amendment 251 #
Proposal for a directive Recital 15 (15) Directive 2008/104/EC of the European Parliament and of the Council on temporary agency work gives expression to the principle that the basic working and employment conditions applicable to temporary agency workers should be at least those which would apply to such workers if they were recruited by the user undertaking to occupy the same job. This principle should also apply to temporary agency workers posted to another Member State. Member States should ensure at least equal treatment between posted temporary agency workers and domestically employed temporary agency workers.
Amendment 252 #
Proposal for a directive Recital 15 (15) Directive 2008/104/EC of the European Parliament and of the Council on temporary agency work gives expression to the principle that the basic working and employment conditions applicable to temporary agency workers should be at least those which would apply to such workers if they were recruited by the user undertaking to occupy the same job. This principle should also apply to temporary agency workers posted to another Member State. It is therefore justified to introduce certain restrictions in regard to the posting assignments of workers employed by temporary agencies.
Amendment 253 #
Proposal for a directive Recital 16 (16) In accordance with the Joint Political Declaration of 28 September 2011 of Member States and the Commission on explanatory documents6, Member States have undertaken to accompany
Amendment 254 #
Proposal for a directive Recital 16 a (new) (16a) Unlike the freedom to provide services and the freedom of movement the key feature of the posting of workers is its temporary nature. It is therefore the responsibility of the host Member State, where the service is provided, to ensure that this fundamental principle regarding the posting of workers is adhered to.
Amendment 255 #
Proposal for a directive 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 257 #
Proposal for a directive Article 1 – paragraph 1 – point -1 (new) Directive 96/71/EC Article 1 – paragraph 1 (–1) In Article 1, paragraph 1 is amended as follows: 1. This Directive shall not apply to undertakings
Amendment 258 #
Proposal for a directive Article 1 – paragraph 1 – point -1 (new) Directive 96/71/EC Article 1 – paragraph 2 (–1) In Article 1, paragraph 2 is amended as follows: "2. This Directive shall not apply to merchant navy undertakings as regards seagoing personnel as well as transport services such as transit, international transport and linked cabotage."
Amendment 259 #
Proposal for a directive Article 1 – paragraph 1 – point -1 (new) Directive 96/71/EC Article 1 – paragraph 2 (–1) In Article 1, paragraph 2 is replaced by the following: "2. This Directive shall not apply to merchant navy undertakings as regards seagoing personnel and to transport services such as transit, international transport and linked cabotage."
Amendment 26 #
Draft legislative resolution Citation 2 – having regard to Article 294(2) and
Amendment 260 #
Proposal for a directive Article 1 – paragraph 1 – point -1 (new) Directive 96/71/EC Article 1 – paragraph 2 a (new) (–1) In Article 1, the following paragraph 2a is inserted : 2a. This Directive shall not apply to transport undertakings.
Amendment 261 #
Proposal for a directive Article 1 – paragraph 1 – point -1 (new) Directive 96/71/EC Article 1 – paragraph 2 a (new) (–1) In Article 1, the following paragraph 2a is inserted: 2a. In view of recital 10, until the date of effect of specific sector legislation, directive 96/71/EC shall apply to international road transport in its version preceding this revision.
Amendment 262 #
Proposal for a directive Article 1 – paragraph 1 – point -1 (new) Directive 96/71/EC Article 1 – paragraph 2 a (new) (–1) In Article 1, the following paragraph 2a is inserted: 2a. This Directive shall not apply to transport services such as transit, international transport and cabotage.
Amendment 263 #
Proposal for a directive Article 1 – paragraph 1 – point -1 (new) Directive 96/71/EC Article 1 – paragraph 2 b (new) (–1) In Article 1, the following paragraph 2b is added: 2b. This Directive shall not apply to undertakings referred to in Article 1(1) which post workers, if the period of posting does not exceed three days within one month reference period.
Amendment 264 #
Proposal for a directive Article 1 – paragraph 1 – point -1 (new) Directive 96/71/EC Article 1 – paragraph 3 – point b (–1) In Article 1, paragraph 3, point (b) is amended as follows: "(b) post workers to an establishment or to an undertaking owned by the group in the territory of a Member State, provided it concerns a genuine provision of service and there is an employment relationship between the undertaking making the posting and the worker during the period of posting; or"
Amendment 265 #
Proposal for a directive Article 1 – paragraph 1 – point -1 (new) Directive 96/71/EC Article 1 – paragraph 3 – point c (–1) Point c of paragraph 3 of Article 1 is deleted.
Amendment 266 #
Proposal for a directive Article 1 – paragraph 1 – point -1 (new) (–1) in Article 1, paragraph 3, point (c) is replaced by the following: (c) being a temporary employment undertaking or placement agency, hire out a worker
Amendment 267 #
Proposal for a directive Article 1 – paragraph 1 – point -1 (new) Directive 96/71/EC Article 1 – paragraph 3 – point c (–1) In Article 1, paragraph 3, point c) is amended as follows: "(c) being a temporary employment undertaking or placement agency, hire out a worker to a user undertaking established or operating in the territory of a Member State, provided there is a
Amendment 268 #
Proposal for a directive Article 1 – paragraph 1 – point -1 a (new) Directive 96/71/EC Article 1 – paragraph 3 – point c (–1a) Article 1(3)(c) is amended as follows: (c) being a temporary employment undertaking
Amendment 269 #
Proposal for a directive Article 1 – paragraph 1 – point -1 a (new) Directive 96/71/EC Article 1 – paragraph 3 – point c a (new) Amendment 27 #
Proposal for a directive Citation 2 Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1)
Amendment 270 #
Proposal for a directive Article 1 – paragraph 1 – point -1 b (new) Directive 96/71/EC Article 1 – paragraph 3 – point c a (new) Amendment 271 #
Proposal for a directive Article 1 – paragraph 1 – point -1 (new) Directive 96/71/EC Article 1 – paragraph 3 a (new) (–1) In Article 1 the following paragraph 3a is added: 3a. In accordance with Article 1 paragraph 3, workers which temporarily perform work in a Member State other than the Member State of their employer´s establishment are excluded from the scope of the directive in the absence of a contract concluded between the undertaking employing the worker and an undertaking in the Member State in which the work is temporarily performed. Activities which are not governed by this directive include inter alia orchestra performances, representation of undertakings by their employees at exhibitions and fairs and the attendance of conferences by scientists.
Amendment 272 #
Proposal for a directive Article 1 – paragraph 1 – point -1 (new) Directive 96/71/EC Article 1 – paragraph 4 a (new) (–1) In Article 1, the following paragraph 4a is added: 4a. This Directive is without prejudice to the competence of the Member States to apply or introduce laws, regulations or administrative provisions, which are more favourable to workers, or to permit or promote the application of collective agreement provisions, which are more favourable to workers.
Amendment 273 #
Proposal for a directive Article 1 – paragraph 1 – point -1 (new) Directive 96/71/EC Article 1 – paragraph 4a (new) Amendment 274 #
Proposal for a directive Article 1 – paragraph 1 – point -1 (new) Directive 96/71/CE Article 2 – paragraph 1 –1) Article 2, paragraph 1, is amended as follows: "1. For the purposes of this Directive, ‘posted worker’ means a worker who, for a limited period of at least three months, carries out his work in the territory of a Member State other than the State in which he normally works and has a social security legislation attestation (A1) issued by the competent authority of the sending Member State, in accordance with Articles 11 to 16 of Regulation (EC) No 883/2004 and Article 19 of Regulation (EC) No 987/2009.
Amendment 275 #
Proposal for a directive Article 1 – paragraph -1 a (new) Directive 96/71/CE Article 2 – paragraph 2 a (new) (-1a) In Article 2, the following paragraph 2a is added: 2a. Workers can only be considered posted within the meaning of this Directive if their employer meets the following cumulative conditions in relation to the Member State in which it is established: – its principal place of business, e.g. its registered office or a subsidiary, branch or agency, is located in that Member State; – it is liable for applicable direct taxes or turnover taxes in that Member State; – it is registered as an employer and for payment of social security contributions in that Member State; – its operating authorisation is issued by that Member State; – in the preceding year it generated, in the country of origin, a turnover of at least 33.3% of the total turnover generated in the country of establishment and in the country to which the employee is posted.
Amendment 276 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2 a Amendment 277 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a Amendment 278 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2 a Amendment 279 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a Amendment 28 #
Proposal for a directive Citation 2 Having regard to the Treaty on the Functioning of the European Union, and in particular Article
Amendment 280 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Amendment 281 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – title Amendment 282 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – title Posting exceeding
Amendment 283 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – title Posting exceeding t
Amendment 284 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – title Posting exceeding
Amendment 285 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/CE Article 2 a – title Amendment 286 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2 a – title Amendment 287 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2 a – paragraph 1 Amendment 288 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – paragraph 1 1.
Amendment 289 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2 a – paragraph 1 1. When the
Amendment 29 #
Proposal for a directive Citation 2 Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 46, 53(1), 62 and
Amendment 290 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – paragraph 1 1. When the anticipated or the effective duration of posting exceeds twenty-four 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. When it can be foreseen (or becomes clear after the posting period has already commenced) that the activity will take more than 24 months, the employer or the person concerned can submit, without delay, a request to the competent authority in the Member State whose legislation will continue to be applied to the posted worker. Based on an agreement reached between the posting State and State/s of employment, the duration of the posting can be extended. The undertakings shall include in the request for extension of the posting, reasoned grounds justifying that the nature of the service provided still remains temporary after the lapse of the initial 24 months, as well as specify the time frame to which these reasoned grounds apply.
Amendment 291 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – paragraph 1 1. When the anticipated or the effective duration of posting exceeds twenty-four months, the Member State to whose territory a worker is posted shall be
Amendment 292 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – paragraph 1 1. When the anticipated or the effective duration of posting exceeds
Amendment 293 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – paragraph 1 1. When the
Amendment 294 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – paragraph 1 1. When the anticipated or the effective duration of posting exceeds
Amendment 295 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2 a – paragraph 1 1. When the anticipated or the effective duration of posting exceeds twenty-four 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, unless the parties have agreed on the application of a different law in accordance with Article 3(1) of the Rome I Regulation.
Amendment 296 #
Proposal for a directive Article 1 – paragraph 1 – point 1 1. When the anticipated or the effective duration of posting exceeds
Amendment 297 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – paragraph 1 1.
Amendment 298 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – paragraph 1 1. When the anticipated or the effective duration of posting exceeds
Amendment 299 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – paragraph 1 1. When the anticipated or the effective duration of posting exceeds twenty-four months over a maximum continuous period of 36 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 30 #
Proposal for a directive Citation 2 Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1), 62, 151 and
Amendment 300 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – paragraph 1 1.
Amendment 301 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – paragraph 1 1. When the
Amendment 302 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – paragraph 1 1. When the anticipated or the effective duration of posting exceeds
Amendment 303 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – paragraph 1a (new) 1a. 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 shall 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.
Amendment 304 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – paragraph 1a (new) 1a. For the purpose of this Directive, an employee working in the Member State in which the employer on whose behalf he or she has been assigned for a period of at least 90 days full time in the 12 months preceding the first day of the posting is established shall be considered to be habitually working in the territory of that Member State. In respect of temporary workers within the meaning of Article 1(3)(c), the length of service condition provided for in the preceding subparagraph shall be assessed in the territory of the Member State in which their employer is established.
Amendment 305 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – paragraph 1a (new) 1a. The undertakings referred to in Article 1(1) may submit to the competent authority of the Member State where the service is provided reasoned grounds justifying that the nature of the service provided remains temporary even after the lapse of the period referred to in paragraph 1. The undertaking shall specify the time frame to which these reasoned grounds apply. It shall not exceed a maximum of six months overall.
Amendment 306 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – paragraph 1 a (new) 1a. In case of prima facie evidence, which justifies doubts about a genuine self-employed worker, the concerned worker shall be deemed a posted worker. In case of prima facie evidence, which justifies doubts about a genuine posted worker or a genuine posting company, the concerned worker shall be deemed a worker of the host member state.
Amendment 307 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – paragraph 1 a (new) 1a. The duration of posting of an individual worker shall be calculated within a reference period of 36 months, with a possibility to refrain from the application of par.1 following an agreement between the two Member States concerned.
Amendment 308 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/CE Article 2 a – paragraph 1 a (new) 1a. For the purpose of paragraph 1, Member States shall be free, where necessary, to negotiate the limit referred to above with the national social partners in the sectors affected by this Directive.
Amendment 309 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – paragraph 1 a (new) Amendment 31 #
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1), 56 and 62 thereof,
Amendment 310 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – paragraph 1 a (new) 1a. The anticipated or the effective duration of posting shall not exceed three months. Where the posting period expires, Article 45 TFEU apply to the terms and conditions of employment.
Amendment 311 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – paragraph 1 a (new) 1a. This article shall not apply to undertakings operating in the international road transport sector.
Amendment 312 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – paragraph 1 a (new) 1a. The applicable terms and conditions of employment shall be those of the Member State to whose territory the worker is posted. This is without prejudice to terms and conditions of employment that are more favourable to the worker.
Amendment 313 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96//71/CE Article 2a – paragraph 1 a (new) 1a. Where the provision of the work or service extends beyond six months, the firms providing the work or services shall duly justify the need to maintain posted workers to the national employment authorities of the home State, which shall approve or reject this justification in every case. The national authorities of the home State may request all the information necessary from the competent authorities in the host State before taking a decision on the further extension of the posting in accordance with the previous subparagraph. At all events, the extensions approved shall be considered to have been granted for a maximum period of a further six months, after which they must be renewed, with successive extensions being duly justified in accordance with this Directive. Where a posting contract relates to the provision of services, the maximum period that can be authorised in any case shall not exceed 12 months from the start of the posting.
Amendment 314 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – paragraph 1 b (new) 1b. When the posting is considered not to be genuine under Directive 2014/67/EU, the terms and conditions of employment of the Member State to whose territory a worker is posted and where the service is provided shall apply as long as they are more favourable to the worker than those pursuant to the law under which the individual employment contract was agreed.
Amendment 315 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – paragraph 1 b (new) Amendment 316 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/CE Article 2 a – paragraph 1 b (new) 1b. The more favourable employment law (between that of the host Member State and that of the Member State of origin) shall apply from the first day of the posted worker’s period of employment.
Amendment 317 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – paragraph 1 c (new) 1c. The application of this Directive shall not have the result of depriving workers of more favourable terms and conditions of employment afforded to them pursuant to the law under which the individual employment contract was agreed.
Amendment 318 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – paragraph 1 d (new) 1d. The posting of workers shall only be temporary. It is the responsibility of the host the Member State, where the service is provided, to ensure that this principle is adhered to.
Amendment 319 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – paragraph 2 Amendment 32 #
Proposal for a directive Citation 2 Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1), 56 and 62 thereof,
Amendment 320 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Amendment 321 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71 Article 2a – paragraph 2 Amendment 322 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – paragraph 2 2. For the purpose of
Amendment 323 #
Proposal for a directive Article 1 – paragraph 1 – point 1 2. For the purpose of
Amendment 324 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – paragraph 2 2. For the purpose of paragraph 1, in case of replacement of posted workers
Amendment 325 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/CE 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
Amendment 326 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/CE 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
Amendment 327 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC 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
Amendment 328 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/CE 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
Amendment 329 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC 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
Amendment 33 #
Proposal for a directive Citation 2 Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1), 56 and 62 thereof,
Amendment 330 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – paragraph 2 2. For the purpose of paragraph 1, in case of replacement of posted workers performing the same or similar tasks at the same place, the cumulative duration of the posting periods of the workers concerned shall be taken into account
Amendment 331 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC 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
Amendment 332 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – paragraph 2 2. For the purpose of paragraph 1, in case of replacement of posted workers performing the same or a similar task at the same place
Amendment 333 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC 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
Amendment 334 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/CE Article 2 a – paragraph 2 2. For the purpose of paragraph 1, in case of replacement of posted workers performing the same task at the same place of work, the cumulative duration of the posting periods of the workers concerned shall be taken into account
Amendment 335 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/CE Article 2 a – paragraph 2 2. For the purpose of paragraph 1, in case of replacement of posted workers performing the same task at the same workplace, the cumulative duration of the posting periods
Amendment 336 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – paragraph 2 – subparagraph 1 a (new) For the purpose of calculating the posting period the concept of "the same task at the same place" shall be understood as the very same working place (address) where the worker is posted to the same working position to perform the same task under agreement between the same service provider and the same service receiver.
Amendment 337 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – paragraph 2 a (new) 2a. By way of derogation from paragraph 1 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 when the effective duration of the posting exceeds 36 months if the following conditions are met: – the posting is related to the implementation of a specific project following a preliminary fixed time-line not exceeding 36 months; – the nature of the project and its duration are explicitly mentioned and justified in the posting assignment.
Amendment 338 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2 a – paragraph 2 a (new) 2a. The application of this Directive shall not have the result of depriving workers of more favourable terms and conditions of employment afforded to them under provisions from which the parties cannot derogate by agreement under the national law which would have applied in the absence of the situation referred to in paragraph 1.
Amendment 339 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC 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 34 #
Proposal for a directive Citation 2 Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1), 56 and 62 thereof,
Amendment 340 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 71/96/EC Article 2a – paragraph 2a (new) 2a. The limited period for posting activities shall be fixed through a mandate to the European sectorial social partners, which will negotiate accordingly to need of their sector.
Amendment 341 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2 a – paragraph 2 a (new) 2a.. For the purpose of paragraph 2, there may be no more than three replacements of posted workers performing the same task at the same workplace.
Amendment 342 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – paragraph 2 a (new) 2a. When a period of two months have elapsed from the date of expiry of the previous posting period, the calculation restarts.
Amendment 343 #
Proposal for a directive Article 1 – paragraph -1 a (new) Directive 96/71/CE Article 2a – paragraph 2 a (new) 2a. Workers can only be considered posted within the meaning of this Directive if their employer meets the following cumulative conditions in relation to the Member State in which it is established: – its principal place of business, e.g. its registered office or a subsidiary, branch or agency, is located in that Member State; – it is liable for applicable direct taxes or turnover taxes in that Member State; – it is registered as an employer and for payment of social security contributions in that Member State; – its operating authorisation is issued by that Member State; – in the preceding year it generated, in the country of origin, a turnover of at least 33.3% of the total turnover generated in the country of establishment and in the country to which the employee is posted.
Amendment 344 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – paragraph 2 b (new) 2b. Postings exceeding in duration 24 months in line with the provisions of paragraph 2a shall be subject to prior approval by the competent authorities of the host Member State.
Amendment 345 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – paragraph 2b (new) 2b. In order to avoid abusive contractual relations, a worker shall be employed by a company at least 6 months before being posted to another country.
Amendment 346 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – paragraph 2 c (new) 2c. By way of derogation from paragraph 1, the Member State to whose territory a self-employed worker is posted shall be deemed to be the country in which his or her work is habitually carried out when the effective duration of the posting exceeds 6 months.
Amendment 347 #
Proposal for a directive Article 1 – paragraph 1 – point 1 a (new) Directive 96/71/EC Article 2 b (new) Amendment 348 #
Proposal for a directive Article 1 – paragraph 1 – point 1 a (new) Directive 96/71/EC 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 349 #
Proposal for a directive Article 1 – paragraph 1 – point 1 a (new) Directive 96/71/CE Article 2 b (1a) The following Article 2b is added: Article 2b 1. For the purpose of this Directive, all posting procedures shall be subject to the obligations laid down in Article 9 of Directive 2017/67/EU. 2. For the purpose of paragraph 1, in addition to the information set out in Article 4 of Directive 2014/67/EU, it shall be necessary to state the date on which the posting is expected to end, the details of the assignment or of the post in the host country, the working hours, the hourly remuneration, the place of work, the working conditions and any other information specific to the post or assignment. 3. For the purpose of paragraph 1, and in order to combat social dumping and labour shopping, the posting undertaking must be able to officially declare that its posting activity is not its main activity but a secondary and occasional activity.
Amendment 35 #
Proposal for a directive Citation 2 Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1), 56 and 62 thereof,
Amendment 350 #
Proposal for a directive Article 1 – paragraph 1 – point 1 a (new) Directive 96/71/EC Article 2 c (new) Amendment 351 #
Proposal for a directive Article 1 – paragraph 1 – point 1 b (new) Directive 96/71/EC Article 2 c (new) (1c) The following Article 2c is added: Article 2c 1. In order to prevent social dumping, the posting undertaking must be able to officially prove the existence of a professional link of at least three months between it and the worker it is posting. 2. In order to prevent social dumping, the host undertaking must include in its obligatory posting declaration, as provided for in Article 9 of Directive 2014/67/EU, an ‘anti-dumping declaration’, stating that it is unable to use a service provider in the country in which it is established and that it is therefore forced to have recourse to posting.
Amendment 352 #
Proposal for a directive Article 1 – paragraph 1 – point 1 c (new) Directive 96/71/EC Article 2 d (new) (1d) The following Article 2d is added: Article 2d Member States shall also retain the authority to carry out all the checks required to combat the fraudulent use of Directive 96/71/EC. Where this is deemed necessary to prevent dumping, the exploitation of workers or any other practice which undermines the competitiveness of a sector, Member States may take whatever measures they regard as appropriate to prevent the misuse of Directive 96/71/EC or even suspend its application in their territory.
Amendment 353 #
Proposal for a directive Article 1 – paragraph 1 – point 2 Directive 96/71/EC Article 3 – paragraphs 1, 1a, 1b, 9 and second subparagraph of paragraph 10 Amendment 354 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – introductory part 1. Member States shall ensure that, whatever the law applicable to the employment relationship, the undertakings referred to in Article 1
Amendment 355 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – introductory part 1. According to the principle of equal pay for equal work at the same place of work, Member States shall ensure that, whatever the law applicable to the
Amendment 356 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – introductory part 1. Member States shall ensure that, whatever the law applicable to the employment relationship, the undertakings referred to in Article 1 (1) guarantee workers posted to their territory the legal terms and conditions of employment covering the following matters which, in the Member State where the work is carried out, are laid down: (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 357 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – indent 2 – by collective agreements or arbitration awards which have been declared universally applicable within the meaning of paragraph 8
Amendment 358 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – indent 2 – by collective agreements or arbitration awards which have been declared universally applicable within the meaning of paragraph 8 as long as they are published on the single official national website referred to in Article 5 of Directive 2014/67/EU:
Amendment 359 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – indent 2 – by collective agreements or arbitration awards
Amendment 36 #
Proposal for a directive Citation 3 After transmission of the draft legislative act to the national parliaments and the following 11 reasoned opinions by national parliaments objecting the Commission proposal on grounds of subsidiarity,
Amendment 360 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – indent 2 – by collective agreements or arbitration awards which have been declared universally applicable within the meaning of paragraph 8
Amendment 361 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – indent 2 – by all types of collective agreements or arbitration awards
Amendment 362 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – indent 2 – point a (a) maximum work periods and minimum rest periods, including specific measures regarding night work, work performed during weekends and holidays and work performed in shifts;
Amendment 363 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 1 – paragraph 1 – indent 2 – point b Amendment 364 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – indent 2 – point b (b) minimum paid annual
Amendment 365 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – indent 2 – point c (c)
Amendment 366 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – pragraph 1 – indent 2 – point c (c)
Amendment 367 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/CE Article 3 – paragraph 1 – indent 2 – point c (c) remuneration, including overtime rates
Amendment 368 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – indent 2 – point c (c) remuneration – and, in the case of undertakings operating in the international road transport sector, minimum rates of pay –, including overtime rates; this point does not apply to supplementary occupational retirement pension schemes;
Amendment 369 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – indent 2 – point c (c) r
Amendment 37 #
Proposal for a directive Citation 3 After transmission of the draft legislative act to the national parliaments and following the 11 reasoned opinions by national parliaments objecting the Commission proposal,
Amendment 370 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – indent 2 – point c (c)
Amendment 371 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – indent 2 – point c (c)
Amendment 372 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – indent 2 – point c (c) remuneration, including overtime rates
Amendment 373 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – indent 2 – point c (c)
Amendment 374 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – indent 2 – point c (c) remuneration
Amendment 375 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – indent 2 – point c (c) remuneration, including overtime rates
Amendment 376 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – indent 2 – point c (c) minimum rules on remuneration, including overtime rates; this point does not apply to supplementary occupational retirement pension schemes;
Amendment 377 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – indent 2 – point c (c) total amount of remuneration, including overtime rates; this point does not apply to supplementary occupational retirement pension schemes;
Amendment 378 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – indent 2 – point d (d) the conditions of hiring-out of workers, in particular the supply of workers by temporary employment
Amendment 379 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – indent 2 – point d (d) the conditions of hiring-out of workers
Amendment 38 #
Proposal for a directive Citation 3 After transmission of the draft legislative act to the national parliaments, and the subsequent 11 reasoned opinions by the national parliaments,
Amendment 380 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – indent 2 – point g a (new) (ga) reimbursement of expenditure incurred as a result of the posting, such as expenditure with regard to travel, board and lodging.
Amendment 381 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – indent 2 – point g a (new) (ga) provisions to cover travel, board and lodging expenses for workers away from home for professional reasons
Amendment 382 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – indent 2 – point g a (new) (ga) allowances associated with the posting and/or reimbursement of expenditures on travel, board and lodging.
Amendment 383 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/CE Article 3 – paragraph 1 – indent 2 – point g a (new) (ga) conditions of workers’ accommodation.
Amendment 384 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – indent 2 – point g a (new) (ga) provisions for working outside the regular working place.
Amendment 385 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – indent 2 – point g a (new) (ga) conditions of collective accommodation for workers;
Amendment 386 #
Proposal for a directive 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 Directive 96/71/EC 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 388 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 1 a (new) Amendment 389 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 1 a (new) The subparagraph of paragraph 1(b) and (c) shall not apply if the period of posting does not exceed eight days.
Amendment 39 #
Proposal for a directive Citation 3 a (new) Amendment 390 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/CE Article 3 – paragraph 1 – subparagraph 2 For the purpose of this Directive, remuneration means all the elements of remuneration rendered mandatory by national law, regulation or practice (e.g. administrative provisions), collective agreements or arbitration awards which have been declared universally applicable and/or, in the absence of a system for declaring collective agreements or arbitration awards to be of universal application,
Amendment 391 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 2 For the purpose of this Directive,
Amendment 392 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 2 Amendment 393 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 2 For the purpose of this Directive, r
Amendment 394 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 2 For the purpose of this Directive,
Amendment 395 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 2 For the purpose of this Directive,
Amendment 396 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 2 For the purpose of this Directive,
Amendment 397 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 2 For the purposes of this Directive,
Amendment 398 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 2 For the purpose of this Directive,
Amendment 399 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 2 For the purpose of this Directive,
Amendment 40 #
Proposal for a directive Citation 4 Having regard to the opinion and counter opinion of the European Economic and Social Committee5
Amendment 400 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a For the purposes of this Directive,
Amendment 401 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 2 For the purpose of th
Amendment 402 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 2 For the purpose of this Directive,
Amendment 403 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 2 For the purpose of this Directive,
Amendment 404 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 1 – paragraph 2 – subparagraph 2 For the purpose of this Directive, remuneration means all the elements and the minimum rates of remuneration rendered mandatory by national law, regulation or administrative provision, collective agreements or arbitration awards which have been declared universally applicable
Amendment 405 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 2 Amendment 406 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 2 Amendment 407 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/CE Article 3 – paragraph 1 – subparagraph 2 For the purpose of this Directive, remuneration means all the elements of remuneration rendered mandatory by national law, regulation or administrative provision, collective agreements or arbitration awards which have been declared universally applicable and/or, in the absence of a system for declaring collective agreements or arbitration awards to be of universal application, other collective agreements or arbitration awards within the meaning of paragraph 8 second subparagraph, in the Member State to whose territory the worker is posted or the conditions laid down in the contract concluded between the parties.
Amendment 408 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 2 For the purpose of this Directive, remuneration means
Amendment 409 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 2 For the purposes of this Directive,
Amendment 41 #
Proposal for a directive Citation 4 Having regard to the opinion of the European Economic and Social Committee5, and its counter-opinion; _________________
Amendment 410 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 2 For the purpose of this Directive, remuneration means all the
Amendment 411 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 2 Amendment 412 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 2 a (new) For the purpose of calculating the sums due to a posted worker double payment of applicable bonuses and allowances of equal or similar nature shall be avoided. In case of a conflict a common decision shall be taken jointly by competent authorities of the host and of the home member state. Miscalculation of sums due to a posted worker resulting from wrong or insufficient information published in the single official national website or transmitted to subcontractors in written form shall not be sanctioned. Posted workers shall be entitled to the gross amount which does not have to comply with all the mandatory elements but with the amount required
Amendment 413 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 2 a (new) The right to form and join a trade union for the protection of the worker's interest; trade unions shall be given the possibility to collectively bargain for posted workers;
Amendment 414 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 2 a (new) In the context of remuneration as well as allowances and expenses related to work outside the regular working place, elements which are mandatory under both the national law of the host Member State and the national law applying to the individual employment contract, and which are essentially similar, shall only be paid once to avoid double payment whereby the worker shall always receive the amount which is more favourable.
Amendment 415 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Direktice 96/71/EC Article 3 – paragraph 1 – subparagraph 2a (new) In respect of undertakings operating in the international road transport sector, for the purpose of this Directive, the concept of minimum rate of pay, as referred to in paragraph 1(c), shall be defined by the national law and/or practice of the Member State to whose territory the worker is posted.
Amendment 416 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 2 a (new) Amendment 417 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 2 a (new) When the total amount of remuneration in home Member State is equal or above total amount of remuneration as set by the hosting state, all required elements are considered to be covered.
Amendment 418 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 2 a (new) The Member States and social partners shall be responsible for determining which elements make up the remuneration.
Amendment 419 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 2 a (new) In the context of remuneration, elements which are mandatory under both the national law of the host Member State and the national law applying to the individual employment contract, and which are essentially similar, shall only be paid once to avoid double payment whereby the worker shall always receive the amount which is more favourable.
Amendment 42 #
Proposal for a directive Citation 4 Having regard to the opinion of the European Economic and Social Committee
Amendment 420 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 2 a (new) For the purpose of calculating the sums due to a posted worker double payment of applicable bonuses and allowances of equal or similar nature shall be avoided. In case of a conflict a common decision shall be taken jointly by competent authorities of the host and of the home member state.
Amendment 421 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 2 b (new) Miscalculation of sums due to a posted worker resulting from wrong or insufficient information published in the single official national website or transmitted to subcontractors in written form shall not be sanctioned.
Amendment 422 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 2 c (new) Posted workers shall be entitled to the gross amount which does not have to comply with all the mandatory elements but with the amount required
Amendment 423 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC 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
Amendment 424 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC 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
Amendment 425 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 3 Member States shall
Amendment 426 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 1 – paragraph 1 – subparagraph 3 Member States
Amendment 427 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 3 Member States shall
Amendment 428 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC 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
Amendment 429 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 1 – 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 hourly remuneration in accordance with point (c).
Amendment 43 #
Proposal for a directive Citation 4 a (new) Having regard to the reasoned opinions issued by national parliaments from 11 Member States objecting the Commission proposal on the grounds of subsidiarity;
Amendment 430 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 3 Member States shall specify in a transparent way different elements of remuneration applicable to their territory. They shall publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of remuneration in accordance with point (c). In case of universally applicable collective agreements a separate clear information on the applicable remuneration shall be published.
Amendment 431 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 3 Member States shall take appropriate measures, in line with national law and practice, to publish in the single official national website referred to in
Amendment 432 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC 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 433 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 3 Member States shall publish in the single and registered official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of r
Amendment 434 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC 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
Amendment 435 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Member States shall publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of hourly remuneration in accordance with point (c).
Amendment 436 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 3 Member States shall publish in the single official national website and by other suitable means referred to in Article 5 of Directive 2014/67/EU the constituent elements of remuneration
Amendment 437 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 3 a (new) For the purposes of this directive, the concept of remuneration is defined in accordance with national law and /or practice of the Member State to whose territory the worker is posted.
Amendment 438 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 3 a (new) If the payment received by the posted worker is at least equal to the minimum rates of pay, it shall be deemed that this posted worker has received the minimum rates of pay provided for in this Directive.
Amendment 439 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 3 a (new) For the purposes of this directive, the concept of remuneration is defined in accordance with national law and /or practice of the Member State to whose territory the worker is posted.
Amendment 44 #
Proposal for a directive Citation 4 a (new) Having regard to the reasoned opinions issued by national parliaments from 11 Member States objecting the Commission proposal on the grounds of subsidiarity;
Amendment 440 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71 Article 3 – paragraph 1 – subparagraph 3 a For the purpose of calculating the sums due to a posted worker double payments of equal or similar nature shall be avoided.
Amendment 441 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 3 a (new) Member States shall establish single information points providing information and advice for posting companies on their national labour law.
Amendment 442 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 3 a (new) Members States shall take appropriate actions to avoid double payments.
Amendment 443 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 3 a (new) For the purpose of calculating the sums due to a posted worker double payments of equal or similar nature shall be avoided. Miscalculation or omission of payments to a posted worker resulting from not accessible, incorrect or insufficient information published in the single official national website will not be sanctioned by national authorities.
Amendment 444 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 3 a (new) In case of subcontracting the national contractors shall be obliged to inform their subcontractors in writing about applicable terms and condition of employment including minimum rates of pay, applicable bonuses and allowances.
Amendment 445 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 3 b (new) Posted workers shall be entitled to the gross amount of remuneration which does not have to comply with all the mandatory elements but with the amount required.
Amendment 446 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 3 c (new) Miscalculation of remuneration due to a posted worker resulting from wrong or insufficient information published in the single official national website or transmitted to subcontractors in written form shall not be sanctioned.
Amendment 447 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point b Directive 96/71/EC Article 3 – paragraph 1 a Amendment 448 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point b Directive 96/71/EC Article 3 – paragraph 1a Amendment 449 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point b Directive 96/71/EC Article 3 – paragraph 1 a Amendment 45 #
Proposal for a directive Recital 1 Amendment 450 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point b Directive 96/71/EC Article 3 – paragraph 1 a Amendment 451 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point b Directive 96/71/EC Article 3 – paragraph 1a Amendment 452 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point b Directive 96/71/EC Article 3 – pragraph 1 a Amendment 453 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point b Directive 96/71/EC Article 3 – paragraph 1 a Amendment 454 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point b Directive 96/71/EC Article 3 – paragraph 1 a Amendment 455 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point b Directive 96/71/EC 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
Amendment 456 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point b Directive 96/71/EC 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,
Amendment 457 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point b Directive 96/71/EC 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
Amendment 458 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point b Directive 96/71/EC Article 3 – paragraph 1a 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,
Amendment 459 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point b Directive 96/71/EC 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,
Amendment 46 #
Proposal for a directive Recital 1 (1) The free movement of workers, freedom of establishment and freedom to provide services are fundamental principles of the internal market in the Union enshrined in the Treaty on the Functioning of the European Union (TFEU).
Amendment 460 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point b Directive 96/71/EC 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,
Amendment 461 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point b Directive 96/71/EC Article 3 – paragraph 1 a 1a. If undertakings established in the territory of a Member State are obliged by law, regulation, administrative provision, contract 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
Amendment 462 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point b Directive 96/71/EC Article 3 – paragraph 1a – subparagraph 1 a (new) In case of subcontracting, contractors shall be obliged to inform their subcontractors in writing in clear and unambiguous manner on conditions of employment, including minimum rates of pay and mandatory bonuses and allowances in force in the member states where work is carried out.
Amendment 463 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1a – subparagraph 1 a (new) In case of subcontracting the national contractors shall be obliged to inform their subcontractors in writing about applicable terms and condition of employment including remuneration.
Amendment 464 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point b a (new) Directive 96/71/EC Article 3 – paragraph 1a a (new) (ba) The following paragraph is added: 1aa. Member States shall take the necessary measures to ensure that an undertaking, which appoints a subcontractor to provide services, is liable, in addition to or in place of the employer, for the obligations of that subcontractor and any other intermediary. This paragraph shall not preclude the application or introduction of more stringent rules at national level.
Amendment 465 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point b a (new) Directive 96/71/EC Article 3 – paragraph 1a a (new) (ba) The following paragraph is added: 1aa. The principle of joint and several liability of the employer is applicable along the whole subcontracting chain.
Amendment 466 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point b a (new) Directive 96/71/EC Article 3 – paragraph 1 a a (new) (ba) The following paragraph is added: 1aa. The contractor is required to timely provide the subcontractor, in written and in a clear, transparent and unambiguous manner, accurate and complete information on working conditions, rates of pay, including various allowances and bonuses, which he applies.
Amendment 467 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point b a (new) Directive 96/71/EC Article 3 – paragraph 1 a a (new) (ba) The following paragraph is added: 1aa. Posting of workers employed by temporary agencies to perform assignments in an enterprise registered as a temporary agency in another Member State is hereby prohibited.
Amendment 468 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point b a (new) Directive 96/71/EC Article 3 – paragraph 1 a a (new) (ba) The following paragraph is added: 1aa. When the effective duration of posting exceeds 24 months, Member States shall ensure that, whatever the law applicable to the employment relationship, the undertaking referred to in Article 1(1) guarantee workers posted to their territory, in addition to the terms and conditions of employment referred to in paragraph 1 of this Article, the terms and conditions of employment covering the following matters which, in the Member State where the work is carried out, are laid down: – by law, regulation or administrative provision, and/or – by collective agreements or arbitration awards which have been declared universally applicable within the meaning of paragraph 8: (a) other mandatory rules relating to leave and holiday entitlements, in addition paragraph 1(b); (b) parental and paternal leave; (c) other mandatory rules relating to working hours and rest periods, in addition to paragraph 1(a); (d) remuneration, including overtime rates, in addition to paragraph 1(c), unless the Member State fails to publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of the remuneration, their geographic and personal scope and the method of calculation; this point does not apply to supplementary occupational retirement pension schemes; Where a posted worker is replaced by another posted worker performing the same task at the same working place [by the undertaking referred to in Article 1(1), the duration of the posting shall for the purposes of this paragraph be the cumulative duration of the posting periods of the individual workers concerned. This paragraph shall not apply to workers that are posted for an effective duration of six months or less. For the purpose of this Directive, remuneration means all the elements of remuneration rendered mandatory by national law, regulation or administrative provision, collective agreements or arbitration awards which have been declared universally applicable and/or, in the absence of a system for declaring collective agreements or arbitration awards to be of universal application, other collective agreements or arbitration awards within the meaning of paragraph 8 second subparagraph, in the Member State to whose territory the worker is posted. 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, their geographic and personal scope and the method of calculation in accordance with point (d). If the payment received by the posted worker is at least equal to the amount of constituent elements of remuneration, it shall be deemed that this posted worker has received the remuneration provided for in this Directive.
Amendment 469 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point b a (new) Directive 96/71/EC Article 3 – paragraph 1 a b (new) (ba) The following paragraph is added: 1ab. 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, their geographic and personal scope and the method of calculation in accordance with point (d). If the payment received by the posted worker is at least equal to the amount of constituent elements of remuneration, it shall be deemed that this posted worker has received the remuneration provided for in this Directive.
Amendment 47 #
Proposal for a directive Recital 1 (1) The free movement of workers, freedom of establishment and freedom to provide services are fundamental principles of the internal market in the Union enshrined in the Treaty on the Functioning of the European Union (TFEU). The implementation of those principles is further developed by the Union aimed at enhancing social cohesion among Member States and guaranteeing a level playing field for businesses and respect for the rights of workers. Neither wages or salaries nor the access to capital alone can be considered as unfair competition.
Amendment 470 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point c Directive 96/71/EC Article 3 – pragraph 1 b Amendment 471 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point c Directive 96/71/CE Article 3 – paragraph 1 b 1b.
Amendment 472 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point c a (new) Directive 96/71/EC Article 3 – paragraph 1 b a (new) (ca) the following paragraph is added: 1ba. The undertakings must inform the temporary employment agency, in a clear, transparent and unambiguous manner, on the working conditions, rates of pay, including various allowances and bonuses, which they apply.
Amendment 473 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point c a (new) Directive 96/71/EC Article 3 – paragraph 7 – subparagraph 1 Amendment 474 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point c a (new) (ca) Paragraph 7, second subparagraph, is replaced by the following: Allowances specific to the posting shall be considered to be part of the minimum wage
Amendment 475 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point c a (new) Directive 96/71/EC Article 3 – paragraph 7 – subparagraph 2 Amendment 476 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point c a (new) Directive 96/71/EC Article 3 – paragraph 7 – subparagraph 2 Amendment 477 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point c b (new) Directive 96/71/EC Article 3 – paragraph 7 – subparagraph 2 Amendment 478 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point c b (new) Directive 96/71/EC Article 3 – paragraph 7 a (cb) In paragraph 7, the following paragraph 7a is added: 7a. This Directive shall not affect the exercise of fundamental rights as recognised in Member States and at Union level, including the right or freedom to strike or to take other action covered by the specific industrial relations systems in Member States in accordance with national law and practice. This Directive shall not affect the right to negotiate, conclude and enforce collective agreements and to take collective action in accordance with national law and practice.
Amendment 479 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point c a (new) Directive 96/71/EC Article 3 – paragraph 7 a (new) Amendment 48 #
Proposal for a directive Recital 1 (1) The free movement of workers, freedom of establishment and freedom to provide services are fundamental principles of the internal market in the Union enshrined in the Treaty on the Functioning of the European Union (TFEU) and should therefore provide the combined legal basis for this Directive. The implementation of those principles is further developed by the Union aimed at guaranteeing a level playing field for businesses and
Amendment 480 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point c a (new) Directive 96/71/EC Article 3 – paragraph 7 a (new) (ca) the following paragraph 7a is added: 7a. In case the employer deduces costs related to posting, such as housing, board and transport costs from the remuneration of the posted worker, the posted worker has the right to claim these costs from the employer at the appropriate court. The same right exists for a worker who is deemed a posted worker or is deemed a worker of the host member state
Amendment 481 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point c a (new) Directive 96/71/EC Article 3 – paragraph 7a (new) (ca) the following paragraph 7a is added: 7a. This Directive shall not affect the exercise of fundamental rights as recognised in Member States and at Union level, including the right or freedom to strike or to take other collective actions, or the right to collective bargaining in accordance with national law and/or practice.
Amendment 482 #
Proposal for a directive Article 1 – paragraph 1 – point c b (new) Directive 96/71/EC Article 3 – paragraph 8 – subparagraph 2 – introductory part Amendment 483 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point d Directive 96/71/EC Article 3 – paragraph 9 Amendment 484 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point d Directive 96/71/EC Article 3 – paragraph 9 Amendment 485 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point d Directive 96/71/EC Article 3 – paragraph 9 Amendment 486 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point d Directive 96/71/EC Article 3 – paragraph 9 Amendment 487 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point d Directive 96/71/EC Article 3 – paragraph 9 (d) Paragraph 9 is
Amendment 488 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point d Directive 96/71/EC Article 3 – paragraph 9 – subparagraph 1 a (new) (d)
Amendment 489 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point d a (new) Directive 96/71/EC Article 3 – paragraph 9 a (new) Amendment 49 #
Proposal for a directive Recital 1 (1) The free movement of workers, freedom of establishment and freedom to provide services are fundamental principles of the internal market in the Union enshrined in the Treaty on the Functioning of the European Union (TFEU) and essential to a properly functioning internal market. The implementation of those principles is
Amendment 490 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point d a (new) Directive 96/71/EC Article 3 – paragraph 9 a (new) (da) after paragraph 9, the following paragraph is inserted: 9a. Prior to posting, the posting company shall transmit information regarding the posting to the competent authority of the Member State to whose territory the worker will be posted. Information shall include inter alia the name of the posted worker, the name of the posting company, the tasks and duties of the posted worker, the place of work, the name of the company where the work is to be carried out, the first day of work and the planned duration of the posting.
Amendment 491 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point d a (new) Directive 96/71/EC Article 3 – paragraph 9 a (new) (da) after paragraph 9, the following paragraph is inserted: 9a. If a posting situation falls under more than two national jurisdictions, the terms and conditions of employment of the Member State to whose territory a worker is posted and where the service is provided, shall apply as long as they are more favourable for the worker than those pursuant to the law under which the individual employment contract was agreed.
Amendment 492 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point d a (new) Directive 96/71/EC Article 3 – paragraph 9 a (new) (da) after paragraph 9, the following paragraph is inserted: 9a. This Directive shall be without prejudice to the Member states' ability to apply or introduce laws and administrative provisions which are more favourable to workers or allow or promote the use of collective agreement provisions that are more favourable to workers.
Amendment 493 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point d a (new) Directive 96/71/EC Article 3 – paragraph 9a new (da) after paragraph 9, the following paragraph is inserted: 9a. Service providers, who post a worker to another Member State, shall declare the posting to the host Member State at least five working days before the commencement of the provision of services. The European Commission shall set up a European register for posted workers for this purpose.
Amendment 494 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point e Directive 96/71/EC Article 3 – paragraph 10 – subparagraph 2 Amendment 495 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point e Directive 96/71/EC Article 3 – paragraph 10 (e)
Amendment 496 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point e Directive 96/71/EC Article 3 – paragraph 10 (e)
Amendment 497 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point e Directive 96/71/EC Article 3 – paragraph 10 (e)
Amendment 498 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point e Directive 96/71/EC Article 3 – paragraph 10 (e)
Amendment 499 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point e a (new) Directive 96/71/EC Article 3 – paragraph 10 a (new) (ea) after paragraph 10 the following paragraph 10a is added: 10a. Social and public policy provisions include inter alia pay clauses in public procurement.
Amendment 50 #
Proposal for a directive Recital 1 (1) The free movement of workers, freedom of establishment and freedom to provide services are fundamental principles of the internal market in the Union enshrined in the Treaty on the Functioning of the European Union (TFEU). The implementation of those principles is further developed by the Union aimed at guaranteeing a level playing field for businesses and
Amendment 500 #
Proposal for a directive Article 1 – paragraph 1 –point 2 – point e a (new) Directive 96/71/EC Article 3 – paragraph 10 a (new) Amendment 501 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point e a (new) Directive 96/71/EC Article 3 – paragraph 10 a (new) (ea) after paragraph 10, the following paragraph 10a is added: 10a. Member States shall, after consulting the social partners, in accordance with traditions and practices of each Member State, exempt employers and workers from the requirements contained in Article 3(1) (a), (b) and (c) above where the activities of the employer and the workers take place in the following sectors: (a) the manufacture, supply, servicing or maintenance of machinery, equipment and any other products to organisations providing medical treatment to citizens of the European Union, (b) the manufacture, supply, servicing or maintenance of machinery, equipment and any other products in the defence sector or in any other areas necessary for the defence of a Member State or the European Union, (c) the manufacture, supply, servicing or maintenance of machinery, equipment and any other products in the aero-space sector, (d) the manufacture, supply, servicing or maintenance of machinery, equipment and any other products in the rail transport sector, (e) the manufacture, supply, servicing or maintenance of machinery, equipment and any other products of importance to the critical national infrastructure of a Member State or States, including the supply of energy and telecommunications services (f) the manufacture, supply, servicing or maintenance of machinery, equipment and any other products of importance to the preservation of the border security of a Member State or the European Union, (g) the manufacture, supply, servicing or maintenance of machinery, equipment and any other products of importance to the health and safety of workers or citizens of the European Union.
Amendment 502 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point e b (new) Directive 96/71/EC Article 3 – paragraph 10 b (new) (eb) the following paragraph 10b is added: 10b. Member States shall, after consulting the social partners, in accordance with traditions and practices of each Member State, exempt employers and workers from the requirements contained in Article 3(1) (a), (b) and (c) above where the activates of the employer and the workers are for the purpose of facilitating the education and training of the workers or others.
Amendment 503 #
Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive 96/71/EC Article 3 a (new) Article 3a 1. The social security contributions of posted workers shall be paid into a common public fund set up at EU level. The social security contribution payable by companies for each posted worker shall be equal to the EU average, provided that this amount is higher than the average contribution, at the time the contract was signed, in the Member State in which the work or service for which the posted worker was contracted is performed. 2. This fund shall be managed in accordance with the provisions of Regulation 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems. 3. This fund shall be in force within two years after the entry into force of this Directive.
Amendment 504 #
Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive 96/71/CE 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 505 #
Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive 96/71/EC Article 4 – paragraph 2 – subparagraph 1 (2a) in article 4, paragraph 2 is replaced by the following: Member States shall make provision for cooperation between the public authorities
Amendment 506 #
Proposal for a directive Article 1 – paragraph 1 – point 2 b (new) Directive 96/71/CE Article 4 – paragraph 2 – subparagraph 2 Amendment 507 #
Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive 96/71/CE 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.
Amendment 508 #
Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive 96/71/CE Article 4 – paragraph 2 – subparagraph 2 a (new) (2a) Article 4(2) is amended as follows: 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.
Amendment 509 #
Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive 96/71/EC Article 4 – paragraph 2 a (new) (2a) in article 4, after paragraph 2 the following paragraph is added: 2a. The Member States' labour inspectorates shall establish a regular exchange of information about posting coordinated by the Platform for Undeclared Work.
Amendment 51 #
Proposal for a directive Recital 1 (1) The free movement of workers, freedom of establishment and freedom to provide services are fundamental principles of the internal market in the Union enshrined in the Treaty on the Functioning of the European Union (TFEU). The implementation of those principles is further developed by the Union aimed at enhancing social cohesion among Member States and guaranteeing a level playing field for businesses and respect for the rights of workers.
Amendment 510 #
Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive 96/71/EC Article 4 – paragraph 3 Amendment 511 #
Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive 96/71/EC Article 4 – paragraph 3 a (new) (2a) in article 4, after paragraph 3 the following paragraph is added: 3a. Employers shall take appropriate measures to provide essential information on the terms and conditions of employment, in accordance with Directive 91/533/EU, as regards the posting before the beginning of the posting.
Amendment 512 #
Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive 96/71/EC Article 4 – paragraph 4 a (now) (2a) In Article 4, the following paragraph 4a is inserted: 4a. In order to enhance the cooperation referred to in paragraph 2 and to examine clear abuses and fraud in relation to the posting of workers, a coordination body shall be established comprising representatives of each Member State. It shall have the power to recall liaison offices or competent national authorities in the event of a failure to reply or an incomplete reply on their part. In the event of a persistent delay in providing information to the competent authority, that authority shall refer the matter to the competent body or administration where the liaison office from which the information is sought is unable to provide it.
Amendment 513 #
Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive 96/71/EC Article 5 – paragraph 1 Amendment 514 #
Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive 96/71/EC Article 5 – paragraph 1 Amendment 515 #
Proposal for a directive Article 1 – paragraph 1 – point 2 b (new) Directive 96/71/EC Article 5 – paragraph 2 (2b) in Article 5 paragraph 2 is deleted.
Amendment 516 #
Proposal for a directive Article 1 – paragraph 1 – point 2 b (new) Directive 96/71/EC Article 5 – paragraph 2 (2b) in Article 5 paragraph 2 is replaced by the following: They shall in particular ensure that adequate procedures are available to workers and/or
Amendment 517 #
Proposal for a directive Article 1 – paragraph 1 – point 2 c (new) Directive 96/71/EC Article 5 – paragraph 2 a (new) (2c) in Article 5 after paragraph 2 the following paragraph 2 a is added: 2a. In the event a posted worker or a posting undertaking do not meet the conditions to be a posted worker or a posting undertaking, Article 45 TFEU apply to the terms and conditions of employment.
Amendment 518 #
Proposal for a directive Article 1 – paragraph 1 – point 3 Directive 96/71/EC Annex – paragraph 1 Amendment 519 #
Proposal for a directive Article 1 – paragraph 1 – point 3 a (new) Directive 96/71/EC Annex – paragraph 1a (new) (3a) the following paragraph 1a is added to the Annex: 1a. Member States shall decide for their own territory which risk sectors this annex shall be extended to.
Amendment 52 #
Proposal for a directive Recital 1 (1) The free movement of workers, freedom of establishment and freedom to provide services are fundamental principles of the internal market in the Union enshrined in the Treaty on the Functioning of the European Union (TFEU). The implementation of those principles is further developed by the Union aimed at guaranteeing a
Amendment 520 #
Proposal for a directive Article 2 – paragraph 1 – subparagraph 1 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [two years after adoption] at the latest and after verification of the results of the implementation of Directive 2014/67/EU, which, in accordance with Article 24 thereof, should take place by 18 June 2019 at the latest. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 521 #
Proposal for a directive Article 2 – paragraph 1 – subparagraph 1 a (new) Member States shall adopt further measures to tackle abuses faced by posted workers, in particular with regards to undeclared work, bogus self-employment; letter-box companies and rotational postings. Member States shall ensure the proper transposition of this Directive.
Amendment 522 #
Proposal for a directive Article 2 – paragraph 2 a (new) 2a. Within 12 months of the implementation of Directive 2014/67/EU, the Commission shall establish a European body of labour inspectors to assist local authorities in the application of this Directive.
Amendment 523 #
Proposal for a directive Article 2 – paragraph 2 b (new) 2b. Within 12 months of the implementation of Directive 2014/67/EU, the Commission shall draw up a blacklist of undertakings convicted of failing to apply this Directive or reported as being non-cooperative by the local authorities responsible for ensuring compliance with the Directive, or by the European body of labour inspectors.
Amendment 53 #
Proposal for a directive Recital 1 (1) The free movement of workers, freedom of establishment and freedom to provide services are fundamental principles of the internal market in the Union enshrined in the Treaty on the Functioning of the European Union (TFEU). The implementation of those principles is further developed by the Union
Amendment 54 #
Proposal for a directive Recital 1 (1) The free movement of workers, freedom of establishment and freedom to provide services are fundamental principles of the internal market in the Union enshrined in the Treaty on the Functioning of the European Union (TFEU). The implementation of those principles is further developed by the Union aimed at guaranteeing a level playing field for businesses, fighting illegal practices and respect for the rights of
Amendment 55 #
Proposal for a directive Recital 1 (1) The free movement of workers, freedom of establishment and freedom to provide services are fundamental principles of the internal market in the Union enshrined in the Treaty on the Functioning of the European Union (TFEU). The implementation of those principles is further developed by the Union aimed at guaranteeing a level playing field for businesses and
Amendment 56 #
Proposal for a directive Recital 1 (1) The free movement of workers, freedom of establishment and freedom to provide services are fundamental principles of the internal market in the Union enshrined in the Treaty on the Functioning of the European Union (TFEU). The implementation of those principles is further developed by the Union aimed at guaranteeing a level playing field for businesses and respect for the rights of workers. Efforts towards coordination and upward convergence of social standards are necessary.
Amendment 57 #
Proposal for a directive Recital 1 a (new) (1a) The free movement of workers is to be secured within the Union and is to entail the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment.
Amendment 58 #
Proposal for a directive Recital 1 a (new) (1a) When calculating the duration of posting, the same posting within the same contract concluded by the undertaking referred to in Article 1 (1) should be identified as posting.
Amendment 59 #
Proposal for a directive Recital 1 a (new) (1a) Article 153(5) TFEU explicitly does not give the Union the power to regulate pay.
Amendment 60 #
Proposal for a directive Recital 1 b (new) (1b) When assessing working place for the purpose of calculating the duration of posting in the context of replacement, the working place should be viewed as the very same working place where the worker is posted to the same working position to perform the same task(s).
Amendment 61 #
Proposal for a directive Recital 1 b (new) (1b) Article 62 TFEU in conjunction with Article 53(1) TFEU establishes a clearly defined system, with set limits, for the allocation of competences in the area of social policy.
Amendment 62 #
Proposal for a directive Recital 2 (2) The freedom to provide services includes the right of undertakings to provide services in another Member State
Amendment 63 #
Proposal for a directive Recital 2 (2) The freedom to provide services includes the right of undertakings to provide services in another Member State, to which they may post their own workers temporarily in order to provide those services there. Charging a lower price for a service should not be regarded as engaging in unfair competition where that price is the result of generally lower costs, wages and minimum rates of pay in the Member State in which the posted worker normally works and the posted worker does not earn less than other workers in that Member State.
Amendment 64 #
Proposal for a directive Recital 2 (2) The freedom to provide services includes the right of undertakings to provide services in another Member State, to which they may post their own workers temporarily in order to provide those services there and the difference of wages has never been considered as "unfair competition" in the EU and in the case law of the ECJ. The Treaty provides that restrictions on the freedom to provide services are prohibited.
Amendment 65 #
Proposal for a directive Recital 2 (2) The freedom to provide services includes the right of undertakings to provide services in another Member State, to which they may post their own workers temporarily in order to provide those services there. The Treaty provides that restrictions on the freedom to provide services are prohibited.
Amendment 66 #
Proposal for a directive Recital 3 (3) According to Article 3 TEU, the Union shall promote social justice and protection. Article 9 TFEU
Amendment 67 #
Proposal for a directive Recital 3 (3) According to Article 3 TEU, the Union shall promote social justice and protection.
Amendment 68 #
Proposal for a directive 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 69 #
Proposal for a directive Recital 4 (4) Almost twenty years after its adoption,
Amendment 70 #
Proposal for a directive Recital 4 (4) Almost twenty years after its adoption, it is necessary to
Amendment 71 #
Proposal for a directive Recital 4 (4) Almost twenty years after its adoption,
Amendment 72 #
Proposal for a directive Recital 4 (4) Almost twenty years after its adoption, it is necessary to
Amendment 73 #
Proposal for a directive Recital 4 (4) Almost twenty years after its adoption, it is necessary to assess whether
Amendment 74 #
Proposal for a directive Recital 4 (4) Almost twenty years after its adoption, it is necessary to assess whether the Posting of Workers Directive still strikes the right balance between the need to promote the freedom to provide services and the need to protect the rights of posted workers. The legislation should prevent the abuse of posted workers also by engaging them in any form of undeclared work including bogus self-employment.
Amendment 75 #
Proposal for a directive Recital 4 (4) Almost twenty years after its adoption, it is
Amendment 76 #
Proposal for a directive Recital 4 (4) Almost twenty years after its adoption, it is necessary to assess whether the Posting of Workers Directive
Amendment 77 #
Proposal for a directive Recital 4 (4) Almost twenty years after its adoption, it is necessary to assess whether the Posting of Workers Directive still strikes the right balance between the need to promote the freedom to provide services
Amendment 78 #
Proposal for a directive Recital 4 (4) Almost twenty years after its adoption, it is necessary to assess whether the Posting of Workers Directive still strikes the right balance between the need to promote the freedom to provide services, in order to ensure a level playing field for undertakings operating in the internal market, and the need to protect the rights of posted workers.
Amendment 79 #
Proposal for a directive Recital 4 (4) Almost twenty years after its adoption, it is necessary to assess whether the Posting of Workers Directive still strikes the right balance between the need to promote the freedom to provide services and the need to protect the rights of posted workers and whether the Posting of Workers Directive is adequately transposed by Member States.
Amendment 80 #
Proposal for a directive Recital 4 (4) Almost twenty years after its adoption, it is necessary to assess whether the Posting of Workers Directive
Amendment 81 #
Proposal for a directive Recital 4 (4) Almost twenty years after its adoption, it is necessary to
Amendment 82 #
Proposal for a directive 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 83 #
Proposal for a directive Recital 4 a (new) (4a) Directive 96/71/EC stipulates that the core social rights guaranteed to posted workers include the rules on ‘health, safety and hygiene at work’. The lack of any explicit reference to collective accommodation provided by the employer means that workers have no choice but to accept accommodation which does not meet the minimum standards laid down in labour law or which is even unfit for human occupation, an unacceptable state of affairs;
Amendment 84 #
Proposal for a directive Recital 4 a (new) (4a) Considers that sufficient and accurate data is still lacking in the area of posted workers, specifically in the number of workers posted in which employment sector and in which member state, considers it important that the Commission begin to collect and monitor such data, and carry out an impact assessment in the area of posted workers.
Amendment 85 #
Proposal for a directive Recital 4 a (new) (4a) A better definition of the concept of posted workers is needed to ensure greater legal certainty within the institution and prevent avoidance.
Amendment 86 #
Proposal for a directive 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 87 #
Proposal for a directive Recital 5 Amendment 88 #
Proposal for a directive 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
Amendment 89 #
Proposal for a directive 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. Th
Amendment 90 #
Proposal for a directive 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. By doing so the related jurisprudence of the Court of Justice of the European Union must be respected and taken into consideration.
Amendment 91 #
Proposal for a directive 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 92 #
Proposal for a directive Recital 5 a (new) (5a) The objective of this Directive is to guarantee the protection of workers and ensure a fair business climate across the EU by safeguarding the principle of equal pay for equal work at the same place of work.
Amendment 93 #
(5b) In the event no substantial employment relationship can be identified in the listed country of establishment, the applicable terms and conditions of employments should be those of the host Member State, unless these are less favourable to the worker than those of the country of establishment, in which case the latter should apply.
Amendment 94 #
Proposal for a directive Recital 5 c (new) (5c) The right to collective bargaining and the right to take collective actions, including the right to strike, are fundamental rights recognised in Member States and at Union level. This directive guarantees the exercise of these rights.
Amendment 95 #
Proposal for a directive Recital 6 (6) The Rome I Regulation
Amendment 96 #
Proposal for a directive Recital 6 a (new) (6a) The freedom of employers and workers to choose the applicable law should be one of the cornerstones of both the free movement of workers and the freedom to provide services.
Amendment 97 #
Proposal for a directive Recital 6 b (new) (6b) Article 3 and 8 of Rome I Regulation 1a specifies that an individual employment contract shall be governed by the law chosen by that of the parties concerned. Such a choice may not deprive the employee of the protection of the mandatory rules of the law of the country which but for the choice of the parties, would have applied. _________________ 1a Regulation (EC) No 593/2008.
Amendment 98 #
Proposal for a directive Recital 7 (7) The Rome I Regulation provides that the country where the work is habitually carried out shall not be deemed to have changed if he is temporarily employed in another country. The Rome I Regulation does not specify or define the term "temporarily employed”. It is therefore essential that for posted workers, who are, by definition, carrying out work in another Member State for a limited period of time, a specific provision is introduced in this Directive in order to provide for a period after which the country of service provision is deemed to become the habitual place of employment.
Amendment 99 #
Proposal for a directive Recital 7 (7) The Rome I Regulation clarifies also the situation of posted workers as it provides that the country where the work is habitually carried out shall not be deemed to have changed if he is temporarily employed in another country.
source: 601.026
2017/03/17
JURI
107 amendments...
Amendment 100 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 2 For the purposes of this Directive,
Amendment 101 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/CE Article 3 – paragraph 1 – subparagraph 2 For the purposes of this Directive,
Amendment 102 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a (new) Directive 96/71/EC Article 3 - paragraph 1 - subparagraph 2 a (new) For the purpose of this Directive, remuneration means all the elements of remuneration rendered mandatory by national law or/and collective agreements in the Member State to whose territory the worker is posted.
Amendment 103 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a 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 in accordance with point (c).
Amendment 104 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 - paragraph 1 - subparagraph 3 Member States shall
Amendment 105 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC 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
Amendment 106 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC 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
Amendment 107 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 - subparagraph 3 a (new) If the payment received by the posted worker is at least equal to the minimum rates of pay, it shall be deemed that this posted worker has received the minimum rates of pay provided for in this Directive.
Amendment 108 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a a (new) Directive 96/71/EC Article 3 – paragraph -1 a (new) Amendment 109 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point b Directive 96/71/EC Article 3 - paragraph 1 a Amendment 110 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point b Directive 96/71/EC Article 3 – paragraph 1 a Amendment 111 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point b Directive 96/71/EC Article 3 – paragraph 1 a Amendment 112 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point b Directive 96/71/EC Article 3 – paragraph 1 a Amendment 113 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point c Directive 96/71/EC Article 3 – paragraph 1 b 1b. Member States shall provide that the undertakings referred to in Article 1(3)(c) guarantee posted workers the terms and conditions which apply pursuant to Art. 5 Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work to temporary workers hired-out by temporary agencies established in the Member State where the work is carried out.
Amendment 114 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point c Directive 96/71/EC Article 3 – paragraph 1 b 1b. Member States shall provide that the undertakings referred to in Article 1(3)(c) guarantee posted workers the terms and conditions which apply pursuant to Art. 5 Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work to temporary workers hired-out by
Amendment 115 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point c a (new) Directive 96/71/EC Article 3 – paragraph 1 c (ca) The following paragraph is inserted: "1c. Member States may also, in accordance with national law and practice and on a non-discriminatory basis, base themselves on collective agreements or arbitration awards which are, as defined by the Member State where the work is carried out, representative in the geographical area, the profession or industry concerned and which offer the most favourable terms and conditions of employment to the worker".
Amendment 116 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point d Directive 96/71/EC Article 3 – paragraph 9 Amendment 117 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point d a Directive 96/71/EC Article 3 – paragraph 9 a (new) (da) The following paragraph is inserted: ‘"9a. If a posting situation falls under more than two national jurisdictions, the terms and conditions of employment of the Member State to whose territory a worker is posted and where the service is provided, shall apply as long as they are more favourable for the worker than those pursuant to the law under which the individual employment contract was agreed".’
Amendment 118 #
Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive 96/71/EC Article 6 a (new) Amendment 119 #
(2b) The following Article is inserted: ‘"Article 6 b This Directive shall be without prejudice to the Member States' ability to apply or introduce laws and administrative provisions which are more favourable to workers or allow to promote the use of collective agreement provisions that are more favourable to workers".’
Amendment 120 #
Proposal for a directive Article 2 – paragraph 1 – point 2 c Directive 96/71/EC Article 6 c (new) (2c) The following Article 6c is inserted: ‘Article 6c Habitual place of work The Member State to which a worker is posted shall be deemed to be the country in which he or she periodically works, with social security arrangements subject to the legislation of the country of origin.’
Amendment 121 #
Proposal for a directive Article 2 – paragraph 1 – subparagraph 1 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive
Amendment 14 #
Proposal for a directive Citation 1 Having regard to the Treaty on the Functioning of the European Union, and in particular Article
Amendment 15 #
Proposal for a directive Citation 1 Having regard to the Treaty on the Functioning of the European Union, and in particular Article
Amendment 16 #
Proposal for a directive Citation 1 Having regard to the Treaty on the
Amendment 17 #
Proposal for a directive Recital 1 (1) The free movement of workers, freedom of establishment and freedom to provide services are fundamental principles of the internal market in the Union enshrined in the Treaty on the Functioning of the European Union (TFEU). The implementation of those principles is further developed by the Union aimed at guaranteeing a level playing field for businesses and respect for the rights of workers. However due to the uncontrolled level of immigration across the EU and the Commission not doing anything in order to look after the welfare of the citizens of Member Countries, this has led to the UK leaving the EU.
Amendment 18 #
Proposal for a directive Recital 1 (1) The free movement of workers, freedom of establishment and freedom to provide services are fundamental principles of the internal market in the Union enshrined in the Treaty on the Functioning of the European Union (TFEU). The implementation of those principles is further developed by the Union aimed at guaranteeing a level playing field for businesses and
Amendment 19 #
Proposal for a directive Recital 1 (1) The free movement of workers, freedom of establishment and freedom to provide services are fundamental principles of the internal market in the Union enshrined in the Treaty on the Functioning of the European Union (TFEU). The implementation and enforcement of those principles is further developed by the Union aimed at guaranteeing a level playing field for businesses and respect for the rights of workers and ensuring freedom of labour mobility in the internal market.
Amendment 20 #
Proposal for a directive Recital 1 a (new) (1a) Under Article 153(5) TFEU, the Union does not have the power to regulate pay.
Amendment 21 #
Proposal for a directive Recital 2 (2) The freedom to provide services includes the right of undertakings to provide services in another Member State, to which they may post their own workers temporarily in order to provide those services there. The temporary nature of providing services is to be determined on a case by case basis by the duration, the regularity, the periodicity and the continuity of the service.
Amendment 22 #
Proposal for a directive Recital 2 (2) The freedom to provide services includes the right of undertakings to provide services in another Member State
Amendment 23 #
Proposal for a directive Recital 3 (3) According to Article 3 TEU, the Union shall promote social justice and protection. Article 9 TFEU gives the Union the task to promote a high level of employment, to guarantee an adequate social protection and to combat social exclusion. Under Article 56 TFEU, restrictions on freedom to provide services within the Union shall be prohibited in respect of nationals of Member States who are established in a Member State other than that of the person for whom the services are intended.
Amendment 24 #
Proposal for a directive Recital 3 a (new) (3a) The European Union must ensure that any changes are in line with Article 56 TFEU, which requires the elimination of any provisions that might restrict or make less attractive the activities of service providers established in a Member State other than that in which the services are provided. The same applies if the provisions in question apply in a non- discriminatory manner to both national service providers and those from other EU Member States;
Amendment 25 #
Proposal for a directive Recital 4 Amendment 26 #
Proposal for a directive Recital 4 Amendment 27 #
Proposal for a directive Recital 4 (4) Almost twenty years after its adoption,
Amendment 28 #
Proposal for a directive Recital 4 (4) Almost twenty years after its adoption, it is necessary to assess whether the Posting of Workers Directive still strikes the right balance between the need to promote the freedom to provide services and the need to protect the rights of posted workers. It is also necessary to create a European information portal in all languages of the Member States to explain the relevant legislation, national differences and further action to be taken by placement services, possible beneficiaries and workers.
Amendment 29 #
Proposal for a directive 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
Amendment 30 #
Proposal for a directive 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. While applying these principles the related case-law of the Court of Justice of the European Union must be respected and taken into consideration.
Amendment 31 #
(5a) It is also necessary to take account of the reasoned opinions issued by the national parliaments of 11 Member States objecting the Commission's proposal based on the ground of the principle of subsidiarity,
Amendment 32 #
Proposal for a directive Recital 7 (7) The Rome I Regulation provides that the country where the work is habitually carried out shall not be deemed to have changed if he is temporarily employed in another country. The Rome I Regulation does not specify or define the term "temporarily employed". It is therefore essential that for posted workers who are, by definition, carrying out work in another Member State for a limited period of time, a specific provision is introduced in this Directive in order to provide for a period after which the country of service provision is deemed to become the habitual place of employment.
Amendment 33 #
Proposal for a directive Recital 8 Amendment 34 #
Proposal for a directive Recital 8 Amendment 35 #
Proposal for a directive Recital 8 Amendment 36 #
Proposal for a directive 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
Amendment 37 #
Proposal for a directive 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 12
Amendment 38 #
Proposal for a directive Recital 8 a (new) (8a) In the event that the posting is found not to be genuine, the applicable terms and conditions of employment should, in order to protect the worker, be those established by the Member State to whose territory the worker is posted, without prejudice to any terms and conditions of employment that are more favourable to the worker.
Amendment 39 #
Proposal for a directive Recital 8 a (new) (8a) In order to rule out any risk of the law being circumvented through the use of a series of short postings during which the same task is carried out, the aggregate duration of postings should be taken into account.
Amendment 40 #
Proposal for a directive Recital 8 a (new) (8a) When calculating the duration of posting, only postings within the same contract concluded by the undertaking referred to in Article 1 (1) should be taken into account.
Amendment 41 #
Proposal for a directive Recital 8 b (new) (8b) When assessing working place for the purpose of calculating the duration of posting in the context of replacement, the working place should be understood as the very same working place where the worker is posted to the same working position to perform the same tasks.
Amendment 42 #
Proposal for a directive Recital 8 c (new) (8c) For the calculation of the remuneration within the meaning of this Directive, minimum rates of pay and other mandatory elements, laid down by law or universally applicable collective agreements or arbitration awards, should be taken into account, provided that these elements do not alter the relationship between the service provided by a worker and the consideration which the worker receives in return. The mandatory elements are the elements which apply to all workers and that are not optional or dependent on certain events or factors. Member States should specify in a transparent way the different elements of remuneration applicable in their territory. Posted worker should be entitled to the gross amount of remuneration which does not have to comply with the all mandatory elements but to the amount required.
Amendment 43 #
Proposal for a directive Recital 9 (9) It is settled case law that restrictions to the freedom to provide services are only admissible if justified by overriding reasons
Amendment 44 #
Proposal for a directive Recital 10 Amendment 45 #
Proposal for a directive Recital 10 (10) Because of the highly mobile nature of work in international road transport
Amendment 46 #
Proposal for a directive 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).
Amendment 47 #
Proposal for a directive Recital 11 (11) In a competitive internal market, service providers compete not only on the basis of
Amendment 48 #
Proposal for a directive Recital 11 (11) In a competitive internal market, service providers compete not only on the basis of
Amendment 49 #
Proposal for a directive Recital 12 (12) It is within Member States' competence to set rules on
Amendment 50 #
Proposal for a directive Recital 12 (12) It is within Member States' exclusive competence to set rules on remuneration in accordance with their law and practice.
Amendment 51 #
Proposal for a directive Recital 12 (12) It is within Member States' exclusive competence to set rules on remuneration in accordance with
Amendment 52 #
(12) It is within Member States' competence to set rules on remuneration in accordance with
Amendment 53 #
Proposal for a directive Recital 12 (12) It is within Member States' competence to
Amendment 54 #
Proposal for a directive Recital 12 (12) It is within
Amendment 55 #
Proposal for a directive Recital 13 (13) The
Amendment 56 #
Proposal for a directive Recital 13 (13) The elements of remuneration under national law or universally applicable collective agreements should be clear and transparent to all service providers. It is
Amendment 57 #
Proposal for a directive Recital 13 (13) The elements of
Amendment 58 #
Proposal for a directive Recital 13 a (new) (13a) This Directive establishes a protective framework for posted workers, which is non-discriminatory, transparent and proportionate while respecting the diversity of national industrial relations. It does not prevent application of terms and conditions of employment which are more favourable to posted workers.
Amendment 59 #
Proposal for a directive Recital 14 Amendment 60 #
Proposal for a directive Recital 14 Amendment 61 #
Proposal for a directive Recital 14 (14) Laws, regulations, administrative provisions or collective agreements applicable in Member States may ensure that subcontracting does not confer on undertakings the possibility to avoid rules
Amendment 62 #
Proposal for a directive Recital 14 (14)
Amendment 63 #
Proposal for a directive Recital 14 a (new) (14a) In the interests of transparency and in accordance with Directive 2014/67/EU1a of the European Parliament and of the Council, the continuity of the undertaking which posts the workers should be ensured in order to fight against the creation of letterbox companies. In addition, every employer should be able to demonstrate that a worker has an adequate length of service with the undertaking posting him or her. _________________ 1aDirective 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System ('the IMI Regulation') (OJ L 159, 28.5.2014, p. 11).
Amendment 64 #
Proposal for a directive Recital 14 b (new) Amendment 65 #
Proposal for a directive Recital 15 (15) Directive 2008/104/EC of the European Parliament and of the Council on temporary agency work gives expression to the principle that the basic working and employment conditions applicable to temporary agency workers should be at least those which would apply to such workers if they were recruited by the user undertaking to occupy the same job. This principle should also apply to temporary agency workers posted to another Member State. The user/supplier company shall accordingly provide the temporary agency in writing with clear, transparent and unambiguous information regarding the rules it applies in respect of working conditions and pay.
Amendment 66 #
Proposal for a directive Article 1 – point 1 Directive 96/71/EC (-1) In Article 1, paragraph 2 is amended as follows: 2. This Directive shall not apply to merchant navy undertakings as regards seagoing personnel as well as transport services such as transit, international transport and linked cabotage.
Amendment 67 #
Proposal for a directive Article 1 – paragraph 1 – point - -1 (new) Directive 96/71/EC Article 1 – paragraph 2 a (new) Amendment 68 #
Proposal for a directive Article 1 – paragraph 1 – point -1 b (new) Directive 96/71/EC Article 1 – paragraph 2 b (new) Amendment 69 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2 a Amendment 70 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2 a Amendment 71 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2 a Amendment 72 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2 a Amendment 74 #
Proposal for a directive Article 1 – paragraph 1 – point 1 a (new) Directive 96/71/EC Article 2 a (1) The following Article is added: 'Article 2 a 1. When the anticipated or the effective duration of posting exceeds twelve months in the same Member State, the Member State to whose territory the undertaking posts workers shall be deemed to be the country where the posting undertaking is established. 2. An undertaking shall also be deemed to be established in the state of the posting if the company posts workers or anticipate posting workers on two or more assignments in the same Member State, if the cumulative duration of the posting periods of the workers exceeds or is anticipated to exceed 12 months during a period of 36 months. 3. If an undertaking that posts workers for more than 12 months to a Member State does not want to be deemed to be established in that state, it will have to show that is not established in that Member State.'
Amendment 75 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2 a – title Posting exceeding
Amendment 76 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2 a – paragraph 1 1. When the
Amendment 77 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2 a - paragraph 1 1. When the anticipated or the effective duration of posting exceeds
Amendment 78 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2 a – paragraph 1 (1) When the anticipated or the effective duration of posting exceeds
Amendment 79 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2 a - paragraph 1 a (new) (1a) Should the parties fail to reach agreement under Article 3(1) of the Rome I Regulation, the Member State authorities or bodies designated by them may, by mutual agreement, provide for exemptions from Article 2a(1) in the interests of certain persons or groups of persons.
Amendment 80 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2 a - paragraph 2 Amendment 81 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2 a – paragraph 2 2. For the purpose of paragraph 1, in case of replacement of posted workers performing the same or a similar task at the same place
Amendment 82 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2 a - paragraph 2 a (new) 2a. An undertaking shall also be deemed to be established in the state of the posting if the company posts workers or anticipate posting workers on two or more assignments in the same Member State, if the cumulative duration of the posting periods of the workers exceeds or is anticipated to exceed 12 months during a period of 36 months.
Amendment 83 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2 a – paragraph 2 b (new) 2b. If an undertaking that posts workers for more than 12 months to a Member State does not want to be deemed to be established in that state, it will have to show that is not established in that Member State.
Amendment 84 #
Proposal for a directive Article 1 – paragraph 1 – point 1 a (new) Directive 96/71/EC Article 2 b (new) Amendment 85 #
Proposal for a directive Article 1 – paragraph 1 – point 1 b (new) Directive 96/71/EC Article 2 c (new) (1b). The following Article is inserted: Rule against derogation 'Article 2c Rule against derogation The application of this Directive shall not result in depriving workers of the terms and conditions of employment under provisions that cannot be derogated from by agreement under the law that applies in the country of service provision.'
Amendment 86 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 1 – introductory part 1. Member States shall ensure that, whatever the law applicable to the employment relationship, the undertakings referred to in Article 1 (1) guarantee workers posted to their territory at least the terms and conditions of employment which cover
Amendment 87 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 1 – indent -1 (new) – by introducing transparent monitoring and management procedures and provisions for the posting of workers through information campaigns in the Member States
Amendment 88 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/CE Article 3 - paragraph 1 - subparagraph 1 - indent 2 – by collective agreements or arbitration awards which have been declared universally applicable within the meaning of paragraph 8
Amendment 89 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 - paragraph 1 - subparagraph 1 - point c (c)
Amendment 90 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 1 - point c (c)
Amendment 91 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC (c)
Amendment 92 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 - paragraph 1 - subparagraph 1 - point c (c)
Amendment 93 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 - paragraph 1 - subparagraph 1 - point c (c)
Amendment 94 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 1 – point f a (new) (fa) no discriminatory or protectionist measures imposed by Member States on workers from other Member States
Amendment 95 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 - subparagraph 1 - point g a (new) (ga) allowances associated with the posting including reimbursement of expenditure actually incurred on account of the posting, such as expenditure on travel, board and lodging.
Amendment 96 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 2 Amendment 97 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 2 Amendment 98 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 2 For the purpose of this Directive,
Amendment 99 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 - paragraph 1 - subparagraph 2 For the purpose of this Directive,
source: 601.008
2017/03/27
IMCO
233 amendments...
Amendment 10 #
Proposal for a directive Citation 1 Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 46, 53(1), 62 and
Amendment 100 #
Proposal for a directive Recital 12 (12) It is within Member States' competence to set rules on
Amendment 101 #
Proposal for a directive Recital 12 (12) It is within Member States' competence to set rules on
Amendment 102 #
Proposal for a directive Recital 12 (12) It is within Member States' competence to set rules on remuneration in accordance with their law and practice. It is up to each member state to determine which elements of payment that applies to posted workers. 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.
Amendment 103 #
Proposal for a directive Recital 12 (12) It is within Member States' competence to set rules on remuneration in accordance with their law and practice and in compliance with article 56 of the Treaty on the Functioning of the European Union. 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.
Amendment 104 #
Proposal for a directive Recital 12 (12) It is within Member States' competence to set rules on
Amendment 105 #
Proposal for a directive 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, when they exist, must be justified by the need to protect posted workers and must not disproportionately restrict the cross-border provision of services.
Amendment 106 #
Proposal for a directive Recital 12 a (new) (12a) This Directive establishes a protective framework for posted workers. The framework is non-discriminatory, transparent and proportionate and at the same time, it honours the diversity of national industrial relations. It does not prevent the application of terms and conditions of employment which are more favourable to posted workers.
Amendment 107 #
Proposal for a directive Recital 12 a (new) Amendment 108 #
Proposal for a directive Recital 12 b (new) Amendment 109 #
Proposal for a directive Recital 13 (13) The elements of remuneration under national law or universally applicable collective agreements
Amendment 11 #
Proposal for a directive Citation 1 Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1), 56 and 62 thereof,
Amendment 110 #
Proposal for a directive Recital 13 (13) The
Amendment 111 #
Proposal for a directive Recital 13 (13) The
Amendment 112 #
Proposal for a directive Recital 13 (13) The elements of
Amendment 113 #
Proposal for a directive Recital 13 (13) The elements of remuneration
Amendment 114 #
Proposal for a directive Recital 13 (13) The elements of remuneration under national law or universally applicable collective agreements should be
Amendment 115 #
Proposal for a directive Recital 13 (13) The elements of remuneration
Amendment 116 #
Proposal for a directive Annex 13 (13) The elements of remuneration under national law or universally applicable collective agreements should be clear and transparent to all service providers. It is therefore justified to impose on Member States the obligation to publish the constituent elements of
Amendment 117 #
Proposal for a directive Recital 13 (13) The elements of remuneration under national law or universally applicable collective agreements should be clear and transparent to all service providers and posted workers. It is therefore justified to impose on Member States the obligation to publish the constituent elements of remuneration on the single website provided for by Article 5 of the Enforcement Directive.
Amendment 118 #
Proposal for a directive Recital 13 a (new) (13a) This Directive establishes a protective framework for posted workers, which is non-discriminatory, transparent and proportionate while respecting the diversity of national industrial relations. It does not prevent application of terms and conditions of employment which are more favourable to posted workers.
Amendment 119 #
Proposal for a directive Recital 13 a (new) (13a) All measures introduced by this Directive should be justified and proportionate so as not to create administrative burdens or to limit the potential that undertakings, in particular small and medium-sized enterprises (SMEs), have to create new jobs, while protecting posted workers.
Amendment 12 #
Proposal for a directive Citation 1 Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1), 56 and 62 thereof,
Amendment 120 #
Proposal for a directive 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 121 #
Proposal for a directive Recital 14 Amendment 122 #
Proposal for a directive Recital 14 (14)
Amendment 123 #
Proposal for a directive Recital 14 (14)
Amendment 124 #
Proposal for a directive Recital 14 (14)
Amendment 125 #
Proposal for a directive Recital 14 (14)
Amendment 126 #
Proposal for a directive Recital 14 (14) Laws, regulations, administrative provisions or collective agreements applicable in Member States
Amendment 127 #
Proposal for a directive Recital 14 a (new) (14 a) In the interests of transparency and in accordance with Directive 2014/67/EU of the European Parliament and of the Council, the continuity of the undertaking which posts the workers must be ensured in order to combat the creation of letterbox companies. In addition, every employer should be able to demonstrate that a worker has an adequate length of service with the undertaking before posting him or her.
Amendment 128 #
Proposal for a directive Recital 14 a (new) (14 a) With a view to tackling abuses in subcontracting situations and in order to protect posted workers' rights, Member States should ensure, in accordance with national law and practices that posted workers receive all entitlements.
Amendment 129 #
Proposal for a directive Recital 14 a (new) (14a) The Member States and the Commission should continue to tackle undeclared work in the EU. The Member States are urged to carry out the cross- border cooperation in the European platform against undeclared work.
Amendment 13 #
Proposal for a directive Citation 1 Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1), 56 and 62 thereof,
Amendment 130 #
Proposal for a directive Recital 15 (15) Directive 2008/104/EC of the European Parliament and of the Council on temporary agency
Amendment 131 #
Proposal for a directive Recital 15 (15) Directive 2008/104/EC of the European Parliament and of the Council on
Amendment 132 #
Proposal for a directive Recital 15 (15) Directive 2008/104/EC of the European Parliament and of the Council on temporary agency work gives expression to the principle that the basic working and employment conditions applicable to temporary agency workers should be at least those which would apply to such workers if they were recruited by the user undertaking to occupy
Amendment 133 #
Proposal for a directive Recital 15 a (new) (15a) Undertakings providing cross- border services may post their workers in another Member State provided that the posted worker was employed by the undertaking concerned in his or her Member State of origin for 90 days during the 12-month period prior to the posting, and provided that those undertakings prove that they have substantial economic activities in that Member State.
Amendment 134 #
Proposal for a directive Recital 16 a (new) (16a) Abuse and legal uncertainty in cases of chain postings and postings involving several jurisdictions should be prevented. Therefore, in cases where a posting situation falls under more than two national jurisdictions, the applicable terms and conditions of employment should be those established by the host Member State where the service is provided, without prejudice to more favourable conditions afforded to the worker under provisions from which the parties cannot derogate by agreement under the national law which would have applied otherwise
Amendment 135 #
Proposal for a directive Article 1 – paragraph 1 – point -1 (new) Directive 96/71/EC Article 1 – paragraph 1 a (new) (-1) The following paragraph is added: ‘1a. For the purpose of this Directive, an employee working in the Member State in which the employer on whose behalf he or she has been assigned for a period of at least 120 days full-time in the 12 months preceding the first day of the posting is established shall be considered to be habitually working in the territory of that Member State. With regard to temporary workers within the meaning of Article 1(3)(c), the length of service condition provided for in the preceding subparagraph shall be assessed in the territory of the Member State in which their employer is established. ’
Amendment 136 #
Proposal for a directive Article 1 – paragraph 1 – point -1 a (new) Directive 96/71/EC Article 1 – paragraph 1 b (new) (-1a) The following paragraph is added: ‘1b. Workers can only be considered to have been posted within the meaning of this Directive if their employer meets the following cumulative conditions in relation to the Member State in which it is established: - its principal place of business, e.g. its registered office or a subsidiary, branch or agency, is located in that Member State; - it is liable for applicable direct taxes or turnover taxes in that Member State; - it is registered as an employer and for payment of social security contributions in that Member State; - its operating authorisation is issued by that Member State; - in the preceding year it generated, in the country of origin, a turnover of at least 33.3% of the total turnover generated in the country of establishment and in the country to which the employee is posted. ’
Amendment 137 #
Proposal for a directive Article 1 – paragraph 1 – point -1 (new) Directive 96/71/EC Article 1 – paragraph 2 (-1) in Article 1, paragraph 2 is replaced by the following: “2. This Directive shall not apply to merchant navy undertakings as regards seagoing personnel
Amendment 138 #
Proposal for a directive Article 1 – paragraph 1 – point -1 (new) Directive 96/71/EC Article 1 – paragraph 2 (-1) Article 1(2) is amended as follows: ‘2. This Directive shall not apply to merchant navy undertakings as regards seagoing personnel or to road or rail transport.’
Amendment 139 #
Proposal for a directive Article 1 – paragraph 1 – point -1 (new) Directive 96/71/EC Article 1 – paragraph 2 a (new) (-1) in Article 1, the following paragraph is added: “2a. This Directive shall not apply to transport undertakings.”
Amendment 14 #
Proposal for a directive Citation 1 Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 5
Amendment 140 #
Proposal for a directive Article 1 – paragraph 1 – point -1 (new) Directive 96/71/EC Article 1 – paragraph 2 a (new) (-1) in Article 1, the following paragraph is added: 2a. This Directive shall not apply to transport services such as transit, international transport and cabotage.
Amendment 141 #
Proposal for a directive Article 1 – paragraph 1 – point -1 (new) Directive 96/71/EC Article 1 – paragraph 2 a (new) (-1) in Article 1, the following paragraph is added: “2a. This Directive shall not apply to undertakings referred to in Article 1(1) which post workers, if the period of posting does not exceed three days within a one month reference period.”
Amendment 142 #
Proposal for a directive Article 1 – paragraph 1 – point -1 a (new) Directive 96/71/EC Article 1 – paragraph 4 a (new) (-1a) in Article 1, the following paragraph is added: “4a. Undertakings established in a non- member State must not be given more favourable treatment than undertakings established in a Member State."
Amendment 143 #
Proposal for a directive Article 1 – paragraph 1 – point -1 (new) Directive 96/71/EC Article 1 a (new) Amendment 144 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2 a Amendment 145 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2 a Amendment 146 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Amendment 147 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2 a Amendment 148 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a Amendment 149 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a Amendment 15 #
Proposal for a directive Citation 1 a (new) Having regard to the reasoned opinions issued by the national parliaments of 11 Member States objecting the Commission's proposal based on the ground of the principle of subsidiarity,
Amendment 150 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – title Posting exceeding tw
Amendment 151 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – title Posting exceeding twe
Amendment 152 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – title Posting exceeding twenty-four months covered by Article 1, paragraph 3, a)
Amendment 153 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – title Amendment 154 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – paragraph 1 Amendment 155 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – paragraph 1 1. When the anticipated or the effective duration of posting exceeds tw
Amendment 156 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – paragraph 1 1. When the anticipated or the effective duration of posting exceeds
Amendment 157 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – paragraph 1 1. When the anticipated or the effective duration of posting exceeds twe
Amendment 158 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – paragraph 1 (1) When the anticipated or the effective duration of posting exceeds twenty-four 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 159 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – paragraph 1 1. When the anticipated or the effective duration of posting exceeds twenty-four uninterrupted 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 16 #
Proposal for a directive Citation 3 After transmission of the draft legislative act to the national parliaments and the following 11 reasoned opinions by national parliaments objecting the Commission proposal on grounds of subsidiarity,
Amendment 160 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – paragraph 1 a (new) 1a. Where an employer has obtained from its national social security administration a derogation to the 24 months within the meaning of Article 16 of Regulation 883/2004/EC, the duration mentioned in paragraph 1 shall be that of the derogation.
Amendment 161 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – paragraph 1 a (new) Amendment 162 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – paragraph 2 Amendment 163 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – paragraph 2 Amendment 164 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2 a – 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
Amendment 165 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2a – paragraph 2 2. For the purpose of paragraph 1, in case of replacement of posted workers performing the same or a similar task at the same place, the cumulative duration of the posting periods of the workers concerned shall be taken into account
Amendment 166 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC 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
Amendment 167 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 96/71/EC Article 2 a – paragraph 2 2. For the purpose of paragraph 1, in case of replacement of posted workers performing the same task or a similar 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 168 #
Proposal for a directive Article 1 – paragraph 1 – point 1 2. For the purpose of paragraph 1, in case of replacement of posted workers
Amendment 169 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive EU 96/71/EC Article 2a – paragraph 2 a (new) 2 a. The application of this Article may not have the result of depriving the workers of the protection more favourable conditions afforded to them under provisions from which the parties cannot derogate by agreement under national law which would have applied in the absence of the situation referred to in paragraph 1.
Amendment 17 #
Proposal for a directive Citation 3 After transmission of the draft legislative act to the national parliaments, and the subsequent 11 reasoned opinions by the national parliaments,
Amendment 170 #
Proposal for a directive Article 1 – paragraph 1 – point 1 a (new) Directive 96/71/EC Article 2 b (new) (1) The following Article is added: "Article 2b Habitual place of work A Member State to whose territory a worker is posted shall be deemed to be a country in which his work is habitually carried out if he is subject to social security legislation of that country."
Amendment 171 #
Proposal for a directive Article 1 – paragraph 1 – point 1 a (new) Directive 96/71/EC Article 2 b (new) 1a. The following article is inserted: "Article 2b Law applicable where a posting is found not to be genuine 1. Where it is established that a posted worker is not only temporarily carrying out work in the host Member State, in accordance with Article 3(2), the law of the host Member State is presumed to apply in full. The employer and the employee may, however, provide evidence that the law of another Member State applies to the contract by virtue of Article 8 of the Rome I Regulation. If so, the host Member State shall nevertheless ensure that the worker is guaranteed the minimum protection offered by this Directive and may, in accordance with Union law, extend that protection to other overriding mandatory provisions within the meaning of Article 9 of the Rome I Regulation. 2. Where the law of the host Member State applies pursuant to Article 8 of the Rome I Regulation, whether or not as a result of the choice of the employer and the employee, nothing in this Directive shall prevent the full application of that Member State's law. 3. Paragraphs 1 and 2 shall be without prejudice to any terms and conditions of employment of the sending Member State that are more favourable to the worker."
Amendment 172 #
Proposal for a directive Article 1 – paragraph 1 – point 1 b (new) Directive 96/71/EC Article 2 c (new) 1b. The following Article is inserted: "Article 2c Rule against derogation The application of this Directive shall not result in depriving workers the terms and conditions of employment under provisions that cannot be derogated from by agreement under the law that applies in the country of service provision."
Amendment 173 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – indent 2 - by collective agreements or arbitration awards which have been declared universally applicable within the meaning of paragraph 8 as long as they are published on the single official national website referred to in Article 5 of Directive 2014/67/EU:
Amendment 174 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – indent 2 - by collective agreements or arbitration awards which have been declared universally applicable within the meaning of paragraph 8 or by collective agreements within the meaning of paragraph 8a:
Amendment 175 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – indent 2 - by all types of collective agreements or arbitration awards
Amendment 176 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1– indent 2 – point b (b) minimum paid annual
Amendment 177 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – indent 2 – point c (c)
Amendment 178 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – indent 2 – point c (c)
Amendment 179 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – indent 2 – point c (c)
Amendment 18 #
Proposal for a directive Citation 3 After transmission of the draft legislative act to the national parliaments and following the 11 reasoned opinions by national parliaments objecting the Commission proposal,
Amendment 180 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – point indent 2 – c (c)
Amendment 181 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – indent 2 – point c (c) minimum rules on remuneration, including overtime rates; this point does not apply to supplementary occupational retirement pension schemes;
Amendment 182 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC 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 183 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – indent 2 – point g a (new) (ga) reimbursement of expenditure incurred as a result of the posting, such as expenditure with regard to travel, board and lodging.
Amendment 184 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – indent 2 – point g a (new) (ga) allowances associated with the posting including reimbursement of expenditure actually incurred on account of the posting, such as expenditure on travel, board and lodging.
Amendment 185 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – indent 2 – point g a (new) (ga) allowance rates to cover travel, board and lodging expenses for workers away from home for professional reasons.
Amendment 186 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 1 – paragraph 1 – indent 2 – point g a (new) ‘(ga) provisions to cover the travel, subsistence and accommodation costs of posted workers.’
Amendment 187 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 1 – paragraph 1 – indent 2 – point g a (new) (ga) through legislation that governs the reimbursement of travel and accommodation expenses for the worker posted.
Amendment 188 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – indent 2 – point g b (new) (gb) the same level of contributions and old-age pensions;
Amendment 189 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 1 a (new) The subparagraph of paragraph 1(b) and (c) shall not apply if the period of posting does not exceed eight days.
Amendment 19 #
Proposal for a directive Citation 3 a (new) Having regard to the reasoned opinions issued by national parliaments from 11 Member States objecting the Commission proposal on the grounds of subsidiarity,
Amendment 190 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 2 Amendment 191 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 2 For the purposes of this Directive,
Amendment 192 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 2 For the purpose of this Directive,
Amendment 193 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 2 For the purposes of this Directive,
Amendment 194 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 2 For the purpose of this Directive,
Amendment 195 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 2 For the purpose of this Directive,
Amendment 196 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 2 For the purposes of this Directive,
Amendment 197 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1– subparagraph 2 For the purpose of this Directive, remuneration means all the elements of remuneration, as defined in the jurisprudence from the ECJ C-396/13 Säköalojen ammattiliitto, rendered mandatory by national law, regulation or administrative provision, collective agreements or arbitration awards which have been declared universally applicable and/or, in the absence of a system for declaring collective agreements or arbitration awards to be of universal application, other collective agreements or arbitration awards within the meaning of paragraph 8 second subparagraph, in the Member State to whose territory the worker is posted.
Amendment 198 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 2 For the purpose of this Directive, remuneration means all the
Amendment 199 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC 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
Amendment 20 #
Proposal for a directive Citation 4 Having regard to the opinion of the European Economic and Social Committee5, and its counter-opinion, __________________ 5 OJ C,, p..
Amendment 200 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC 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
Amendment 201 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC 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
Amendment 202 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC 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 203 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 3 Member States shall publish in the single official national website and by other suitable means referred to in Article 5 of Directive 2014/67/EU the constituent elements of remuneration
Amendment 204 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC Article 3 – paragraph 1 – subparagraph 3 a (new) Member States shall establish single information points providing information and advice for posting companies on their national labour law.
Amendment 205 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point a a (new) Directive 96/71 Article 3 – paragraph -1 a (new) (aa) the following paragraph is added: ‘-1a. Service providers are exempted from the obligation to settle the fine for paying less than the minimum wage as set by the law of the host Member State where there is evidence that the host Member State has not met the obligation to publish on the national official single website provided for in Article 5 of Directive 2014/67/EU the constituent elements of remuneration, as per letter (c), or the information is not provided in a clear, transparent and unambiguous manner. Subparagraph 2 of paragraph 7 in Article 3 of Directive 96/71/EC is deleted.’
Amendment 206 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point b Directive 96/71/EC Article 3 – paragraph 1 a Amendment 207 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point b Directive 96/71/EC Article 3 – paragraph 1a Amendment 208 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point b Directive 96/71/EC Article 3 – paragraph 1a Amendment 209 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point b Directive 96/71/EC Article 3 – paragraph 1a Amendment 21 #
Proposal for a directive Recital 1 Amendment 210 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point b Directive 96/71/EC Article 3 – paragraph 1 a Amendment 211 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point b Directive 96/71/EC Article 3 – paragraph 1a 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,
Amendment 212 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point b Directive 96/71/EC Article 3 – paragraph 1a 1a. If undertakings established in the territory of a Member State are obliged by law, regulation, administrative provision, contract 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
Amendment 213 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point b a (new) Directive 96/71/EC Article 3 – paragraph 1 a a (new) Amendment 214 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point b a (new) Directive 96/71/EC Article 3 – paragraph 1 a a (new) Amendment 215 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point b a (new) Directive 96/71/EC Article 3 – paragraph 1a a (new) (ba) The following paragraph is inserted: “1aa. Member States shall take the necessary measures to ensure that an undertaking, which appoints a subcontractor to provide services, is liable, in addition to or in place of the employer, for the obligations of that subcontractor and any other intermediary. This paragraph shall not preclude the application or introduction of more stringent rules at national level.”
Amendment 216 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point c Directive 96/71/EC Article 3 – paragraph 1b 1b. Member States shall
Amendment 217 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point c a (new) Directive 96/71/EC Article 3 – paragraph 1b a (new) (ca) the following paragraph is added: ‘1ba. The undertaking user shall inform in a clear, transparent and unambiguous manner the temporary work agency of the regulation applied as regards working conditions and wages.’
Amendment 218 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point c a (new) Directive 96/71/EC Article 3 – paragraph 1b a (new) (ca) The following paragraph shall be inserted: “1ba. In accordance with their national laws and practices and on a non- discriminatory basis, Member States may also base themselves on collective agreements or arbitration awards determined by the Member State in which the work is carried out, to be representative of the geographical area, the profession or industry concerned, and on the agreements or awards which offer the most favourable terms and conditions of employment to the worker.”
Amendment 219 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point c a (new) Directive 96/71/EC 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 22 #
Proposal for a directive Recital 1 (1) The free movement of workers, freedom of establishment and freedom to provide services are fundamental principles of the internal market in the Union enshrined in the Treaty on the Functioning of the European Union (TFEU) and should therefore provide the combined legal basis for this Directive. The implementation of those principles is further developed by the Union aimed at guaranteeing a level playing field for businesses and
Amendment 220 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point c b (new) Directive 96/71/EC 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) Directive 96/71/EC 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) (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 223 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point c a (new) Directive 96/71/EC Article 3 – paragraph 7 a (new) (ca) The following paragraph is added: "7a. This Directive shall not affect the exercise of fundamental rights as recognised in Member States and at Union level, including the right or freedom to strike or to take other action covered by the specific industrial relations systems in Member States in accordance with national law and practice. This Directive shall not affect the right to negotiate, conclude and enforce collective agreements and to take collective action in accordance with national law and practice."
Amendment 224 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point c a (new) Directive 96/71/EC Article 3 – paragraph 7a (new) (ca) the following paragraph is inserted: "7a. This Directive shall not affect the exercise of fundamental rights as recognised in the Council of Europe's European Social Charter, the International Labour Organisation's conventions and the law and practice of the host Member State."
Amendment 225 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point c a (new) Directive 96/71/EC Article 3 – paragraph 7 a (new) (ca) The following paragraph is added: "7a. Paragraphs 1 to 6 shall not prevent application of terms and conditions of employment which are more favourable to workers. Expenses incurred on account of the posting, such as travel, board and lodging expenses, are provided by the employer. The allowances paid as a compensation for these expenses cannot be considered to be part of the minimum wage."
Amendment 226 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point c a (new) Directive 96/71/EC Article 3 – paragraph 7 a (new) (ca) The following paragraph is inserted: "7a. Expenses incurred on the account of the posting, including with regard to travel, board and lodging, shall be provided for by the employer and shall not be deducted from the remuneration referred to in Article 3(1)(c)."
Amendment 227 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point c b (new) Directive 96/71/EC Article 3 – paragraph 8 Amendment 228 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point c a (new) Directive 96/71/EC Article 3 – paragraph 8 a (new) (ca) The following paragraph is inserted: "8a. Member States may also, in accordance with national law and practice and on a non-discriminatory basis, base themselves on collective agreements or arbitration awards which are, as defined by the Member State where the work is carried out, representative in the geographical area, the profession or industry concerned and which offer the most favourable terms and conditions of employment to the worker"
Amendment 229 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point d Amendment 23 #
Proposal for a directive Recital 1 (1) The free movement of workers, freedom of establishment and freedom to provide services are fundamental principles of the internal market in the Union enshrined in the Treaty on the Functioning of the European Union (TFEU). The implementation of those principles is further developed by the Union aimed at guaranteeing a level playing field for businesses and
Amendment 230 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point d a (new) Directive 96/71/EC Article 3 – paragraph 9 (da) Paragraph 9 is amended as follows: "Member States
Amendment 231 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point e Directive 96/71/EG Article 3 – paragraph 10 (e)
Amendment 232 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point e Directive 96/71/EC Article 3 – Paragraph 10 (e)
Amendment 233 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point e a (new) Directive 96/71/EC Article 3 – paragraph 10 a (new) Amendment 234 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point e a (new) Directive 96/71/EC Article 3 – paragraph 10 a (new) (ea) The following paragraph is added: "10a. In the context of remuneration and allowances related to work outside the regular working place, elements which are mandatory in both the host Member State and the home Member State and which are essentially similar, shall only be paid once to avoid double payment whereby the worker shall always receive the amount which is more favourable."
Amendment 235 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point e a (new) Directive 96/71/EC Article 3 – paragraph 10 a (new) (ea) The following paragraph is added: "10 a. Member States shall ensure that, prior to the start of the posting period, the posted worker and the employer are linked by a work relationship of at least 3 months."
Amendment 236 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – point e b (new) Directive 96/71/EC Article 3 – paragraph 10 b (new) (eb) The following paragraph is added: 10b. Member States shall, after consulting the social partners, in accordance with traditions and practices of each Member State, exempt employers and workers from the requirements contained in Article 3(1) (a), (b) and (c) above where the activates of the employer and the workers are for the purpose of facilitating the education and training of the workers or others.
Amendment 237 #
Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive 96/71/EC Article 4 – paragraph 2 – subparagraph 2 a (new) (2a) In Article 4(2), the following point 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.’
Amendment 238 #
Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive 96/71/EC Article 4 – paragraph 4 a (new) (2a) In Article 4, the following paragraph is added: ‘4a. In order to enhance the cooperation referred to in paragraph 2 and to examine clear abuses and fraud in relation to the posting of workers, a coordination body shall be established comprising representatives of each Member State. It shall have the power to recall liaison offices or competent national authorities in the event of a failure to reply or an incomplete reply on their part. In the event of a persistent delay in providing information to the competent authority, that authority shall refer the matter to the competent body or administration where the liaison office from which the information is sought is unable to provide it.’
Amendment 239 #
Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive 96/71/EC Article 5 – paragraph 2 a (new) Amendment 24 #
Proposal for a directive Recital 1 a (new) (1 a) The free movement of workers is to be secured within the Union and is to entail the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment.
Amendment 240 #
Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive 96/71/EC 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.’
Amendment 241 #
Proposal for a directive Article 2 – paragraph 1 – subparagraph 1 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [
Amendment 25 #
Proposal for a directive Recital 2 (2) The freedom to provide services includes the right of undertakings to provide services in another Member State, to which they may post their own workers temporarily in order to provide those services there. The Treaty on the Functioning of the European Union in Article 56 provides that restrictions on the freedom to provide services are prohibited.
Amendment 26 #
Proposal for a directive Recital 2 (2) The freedom to provide services includes the right of undertakings to provide services in another Member State
Amendment 27 #
Proposal for a directive Recital 2 (2) The freedom to provide services includes the right of undertakings to provide services in another Member State, to which they may post their own workers temporarily in order to provide those services there. The Treaty provides that restrictions on the freedom to provide services are prohibited.
Amendment 28 #
Proposal for a directive Recital 2 (2) The freedom to provide services includes the right of undertakings to provide services in another Member State, to which they may post their own workers temporarily in order to provide those services there. The temporary nature of providing services is to be determined on a case by case basis by the duration, the regularity, the periodicity and the continuity of the service.
Amendment 29 #
Proposal for a directive Recital 2 (2) The freedom to provide services
Amendment 30 #
Proposal for a directive Recital 3 (3) According to Article 3 TEU, the Union shall promote social justice and protection. Article 9 TFEU gives the Union the task to promote a high level of employment, to guarantee an adequate social protection and to combat social exclusion
Amendment 31 #
Proposal for a directive Recital 3 (3) According to Article 3 TEU, the Union shall promote social justice and protection. Article 9 TFEU gives the Union the task to promote a high level of employment, to guarantee an adequate social protection and to combat social exclusion through high levels of education, training and protection of human health.
Amendment 32 #
Proposal for a directive 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 33 #
Proposal for a directive Recital 4 Amendment 34 #
Proposal for a directive Recital 4 (4) Almost twenty years after its adoption, it is necessary to
Amendment 35 #
Proposal for a directive Recital 4 (4) Almost twenty years after its adoption
Amendment 36 #
Proposal for a directive Recital 4 (4) Almost twenty years after its adoption, it is necessary to
Amendment 37 #
Proposal for a directive Recital 4 (4) Almost twenty years after its adoption, it is necessary to assess whether the Posting of Workers Directive
Amendment 38 #
Proposal for a directive Recital 4 (4) Almost twenty years after its adoption, it is necessary to assess whether the Posting of Workers Directive still strikes the right balance between the need to promote the freedom to provide services and ensure a level playing field for undertakings operating in the internal market and the need to protect the rights of posted workers.
Amendment 39 #
Proposal for a directive Recital 4 (4) Almost twenty years after its adoption, it is necessary to
Amendment 40 #
Proposal for a directive 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) (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 42 #
Proposal for a directive Recital 5 (5) The principle of equal treatment and the prohibition of any discrimination based on nationality, a
Amendment 43 #
Proposal for a directive 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
Amendment 44 #
Proposal for a directive 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. While applying these principles the related jurisprudence of the Court of Justice of the European Union must be respected and taken into consideration.
Amendment 45 #
Proposal for a directive 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
Amendment 46 #
Proposal for a directive Recital 5 a (new) (5a) Article 3 and 8 of Rome I Regulation specifies that an individual employment contract shall be governed by the law chosen by that of the parties concerned. Such a choice may not deprive the employee of the protection of the mandatory rules of the law of the country but for the choice of the parties, would have applied.
Amendment 47 #
Proposal for a directive Recital 6 (6) The Rome I Regulation generally permits employers and employees to choose the law applicable to the employment contract.
Amendment 48 #
Proposal for a directive Recital 6 a (new) (6 a) The freedom of employers and workers to choose the applicable law should be one of the cornerstones of both the free movement of workers and the freedom to provide services.
Amendment 49 #
Proposal for a directive Recital 7 (7) The Rome I Regulation provides that the country where the work is habitually carried out shall not be deemed to have changed if he is temporarily employed in another country. The Rome I Regulation does not specify or define the term "temporarily employed". It is therefore essential that for posted workers, who are, by definition, carrying out work in another Member State for a limited period of time, a specific provision is introduced in this Directive in order to provide for a period after which the country of service provision is deemed to become the habitual place of employment.
Amendment 50 #
Proposal for a directive Recital 7 (7) The Rome I Regulation provides that the country where the work is habitually carried out shall not be deemed to have changed if he is temporarily employed in another country.
Amendment 51 #
Proposal for a directive Recital 7 (7) The Rome I Regulation further provides that the country where the work is habitually carried out shall not be deemed to have changed if he is temporarily employed in another country.
Amendment 52 #
Proposal for a directive Recital 7 a (new) (7 a) The ECJ case-law has established that posted workers do not in any way gain access to the host country´s labour market if they return to their country of origin after completion of their work.
Amendment 53 #
Proposal for a directive Recital 7 a (new) Amendment 54 #
Proposal for a directive Recital 7 b (new) Amendment 55 #
Proposal for a directive Recital 7 b (new) (7 b) One of the aims of Directive 2014/67/EU is also to identify genuine posting and prevent abuse and circumvention.
Amendment 56 #
Proposal for a directive Recital 7 c (new) (7 c) The aim of Article 4 of Directive 2014/67/EU on the Enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services is to identify genuine posting and prevent abuse and circumvention.
Amendment 57 #
Proposal for a directive Recital 8 Amendment 58 #
Proposal for a directive Annex 8 Amendment 59 #
Proposal for a directive Recital 8 Amendment 60 #
Proposal for a directive Recital 8 Amendment 61 #
Proposal for a directive Recital 8 (8)
Amendment 62 #
Proposal for a directive 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
Amendment 63 #
Proposal for a directive 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
Amendment 64 #
Proposal for a directive 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 12
Amendment 65 #
Proposal for a directive 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, unless a derogation has been obtained by the employer from the national social security administration in accordance with Regulation 883/2004/EC. 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.
Amendment 66 #
Proposal for a directive 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 uninterrupted 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 uninterrupted months and from the first day subsequent
Amendment 67 #
Proposal for a directive 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
Amendment 68 #
Proposal for a directive Recital 8 a (new) (8 a) In the event that the posting is found not to be genuine, the applicable terms and conditions of employment should, in order to protect the worker, be those established by the Member State to whose territory the worker is posted, without prejudice to any terms and conditions of employment that are more favourable to the worker.
Amendment 69 #
Proposal for a directive Recital 8 a (new) (8 a) It is the prerogative of the national competent authorities to assess whether the professional activity pursued in the context of provision of services is genuine and whether the provisions of this Directive are applicable in each individual case according to Directive Article 4 of Directive 2014/67/EU.
Amendment 70 #
Proposal for a directive Recital 8 a (new) (8 a) When calculating the duration of posting, same postings within the same contract concluded by the undertaking referred to in Article 1 (1) should be taken into account.
Amendment 71 #
Proposal for a directive Recital 8 b (new) (8 b) When assessing working place for the purpose of calculating the duration of posting in the context of replacement, the working place should be understood as the very same working place where the worker is posted to the same working position to perform the same tasks.
Amendment 72 #
Proposal for a directive Recital 8 c (new) (8 c) For the calculation of the remuneration within the meaning of this Directive, minimum rates of pay and other mandatory elements, laid down by law or universally applicable collective agreements or arbitration awards, are to be taken into account, provided that these elements do not alter the relationship between the service provided by a workers and the consideration which the worker receives in return. The mandatory elements are the elements which apply to all workers and that are not optional or dependent on certain events or factors. Member States should specify in a transparent way the different elements of remuneration applicable on their territory. Posted worker should be entitled to the gross amount of remuneration which does not have to comply with the all mandatory elements but to the amount required.
Amendment 73 #
Proposal for a directive Recital 9 (9)
Amendment 74 #
Proposal for a directive Recital 9 (9) Article 56 of the Treaty on the Functioning of the European Union (TFEU) requires the abolition of any restriction on the freedom to provide services, even if that restriction applies without distinction to national service providers and to those of other Member States, which is liable to prohibit, impede and render less attractive the activities of a service provider established in another Member State where it lawfully provides similar services. It is settled case law that restrictions to the freedom to provide services are only admissible if justified by overriding reasons
Amendment 75 #
Proposal for a directive Recital 9 a (new) (9 a) Directive 2014/67/EU on the enforcement of Directive 96/71/EC provides a number of provisions to make sure that rules on posting of workers are enforced and are respected by all service providers. Article 4 of the enforcement directive provides a list of elements that should be assessed in order to identify the genuine posting and prevent abuse and circumvention.
Amendment 76 #
Proposal for a directive Recital 9 a (new) (9 a) Directive 2014/67/EU on the enforcement of Directive 96/71/EC provides a number of provisions to make sure that rules on posting of workers are enforced and are respected by all service providers. Article 4 of the enforcement directive provides a list of elements that should be assessed in order to identify the genuine posting and prevent abuse and circumvention.
Amendment 77 #
Proposal for a directive Recital 9 a (new) (9 a) To improve compliance with this Directive and stop circumvention it is of utmost importance that Member States make better use of Article 5 so as to ensure that this Directive is fully complied with. In the case of non-compliance effective, dissuasive and proportionate sanctions must be put into place immediately.
Amendment 78 #
Proposal for a directive Recital 10 Amendment 79 #
Proposal for a directive Recital 10 Amendment 80 #
Proposal for a directive Recital 10 Amendment 81 #
Proposal for a directive Recital 10 (10)
Amendment 82 #
Proposal for a directive Recital 10 (10) Because of the highly mobile nature of work in international road transport
Amendment 83 #
Proposal for a directive 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).
Amendment 84 #
Proposal for a directive 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).
Amendment 85 #
Proposal for a directive Recital 10 (10) Because of the highly mobile nature of work in international
Amendment 86 #
Proposal for a directive 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).
Amendment 87 #
Proposal for a directive Recital 11 (11) In a
Amendment 88 #
Proposal for a directive Recital 11 (11) In a competitive internal market, service providers compete
Amendment 89 #
Proposal for a directive Recital 11 (11) In a competitive internal market, service providers compete
Amendment 9 #
Proposal for a directive Citation 1 Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1)
Amendment 90 #
Proposal for a directive Recital 11 (11) In a competitive internal market, service providers compete not only on the basis of
Amendment 91 #
Proposal for a directive Recital 11 (11) In a competitive internal market, service providers compete not only on the basis of
Amendment 92 #
Proposal for a directive Recital 11 (11) In a competitive internal market, service providers compete not only on the basis of a labour costs but also on factors such as supply of skills, productivity and efficiency, or the quality and innovation of their goods and services.
Amendment 93 #
Proposal for a directive Recital 11 (11) In a competitive internal market, service providers compete not only on the basis of
Amendment 94 #
Proposal for a directive Recital 11 a (new) (11 a) Respect for the diversity of national industrial relations systems as well as the autonomy of social partners is explicitly recognised by the Treaty on the Functioning of the European Union (TFEU).
Amendment 95 #
Proposal for a directive Recital 12 Amendment 96 #
Proposal for a directive Recital 12 (12) It is within Member States' exclusive competence to set rules on remuneration in accordance with their law and practice
Amendment 97 #
Proposal for a directive Recital 12 (12) It is within Member States' competence to set rules on remuneration in accordance with
Amendment 98 #
Proposal for a directive Recital 12 (12) It is within Member States' exclusive competence to set rules on remuneration in accordance with
Amendment 99 #
Proposal for a directive Recital 12 (12) It is within Member States' exclusive competence to set rules on remuneration in accordance with
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