18 Amendments of Virginie ROZIÈRE related to 2016/0070(COD)
Amendment 14 #
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1) and 62, Article 62, Article 151 and points (a) and (b) of Article 153(1) thereof,
Amendment 63 #
Proposal for a directive
Recital 14 a (new)
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)
Recital 14 b (new)
Amendment 78 #
Proposal for a directive
Recital 10
Recital 10
Amendment 81 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2 a – paragraph 2
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, - be it by another posted worker or the same posted worker returning after a break - 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 86 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 1 – introductory part
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 covering the following matters which,laid down in the Member State where the work is carried out, are laid down:
Amendment 95 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 - subparagraph 1 - point g a (new)
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 98 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2
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 arbitthe concept of remuneration shall be determined by the national law and/or praction awards within the meaning of paragraph 8 second subparagraph, ince of the Member State to whose territory the worker is posted.
Amendment 114 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c
Article 1 – paragraph 1 – point 2 – point c
Directive 96/71/EC
Article 3 – paragraph 1 b
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. In so doing, equality of treatment shall be guaranteed between these temporary agency workers and national temporary agency workers.
Amendment 115 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c a (new)
Article 1 – paragraph 1 – point 2 – point c a (new)
Directive 96/71/EC
Article 3 – paragraph 1 c
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 117 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d a
Article 1 – paragraph 1 – point 2 – point d a
Directive 96/71/EC
Article 3 – paragraph 9 a (new)
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 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 135 #
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 96/71/EC
Article 1 – paragraph 1 a (new)
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)
Article 1 – paragraph 1 – point -1 a (new)
Directive 96/71/EC
Article 1 – paragraph 1 b (new)
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 164 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2 a – paragraph 2
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, with regard to workers that are posted for an effective duration of at least six months.
Amendment 235 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point e a (new)
Article 1 – paragraph 1 – point 2 – point e a (new)
Directive 96/71/EC
Article 3 – paragraph 10 a (new)
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 237 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 96/71/EC
Article 4 – paragraph 2 – subparagraph 2 a (new)
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)
Article 1 – paragraph 1 – point 2 a (new)
Directive 96/71/EC
Article 4 – paragraph 4 a (new)
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.’