18 Amendments of Heinz K. BECKER related to 2012/0061(COD)
Amendment 228 #
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1a. In case the provisions of this enforcement directive are more specific or go beyond the principles established by Directive 96/71/EC, the provisions of 96/71/EC do not prevail.
Amendment 242 #
Proposal for a directive
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(aa) "posted" worker means a worker who, for a limited period of time, carries out his work in the territory of a Member State other than the State in which he normally lives and usually works for his employer in the context of service provision;
Amendment 249 #
Proposal for a directive
Article 3 – title
Article 3 – title
Amendment 258 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – introductory part
Article 3 – paragraph 1 – subparagraph 1 – introductory part
1. For the purpose of implementing, applying and enforcing Directive 96/71/EC the competent authorities shall take into account factual elements characterising the activities carried out by an undertaking in the State in which it is established in order to determine whether it genuinely performs substantial activities, other than purely internal management and/or administrative activities. Such elements may includeemployer shall communicate to the competent authorities the following information:
Amendment 272 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point a
Article 3 – paragraph 1 – subparagraph 1 – point a
(a) the place where the undertaking has its registered office and administration, uses office space, pays taxes, and social security, has a professional licence or is registered with the chambers of commerce or professional bodies,
Amendment 288 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point d
Article 3 – paragraph 1 – subparagraph 1 – point d
(d) the place where the undertaking performs its substantial business activity, including the conclusion of the majority of its contracts with clients, and where it employs administrative staff,
Amendment 316 #
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
In order to assess whether a posted worker temporarily carries out his or her work in a Member State other than the one in which he or she normally works, all factual elements characterising such work and the situation of the worker shall be examined by the competent authority.
Amendment 323 #
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – introductory part
Article 3 – paragraph 2 – subparagraph 2 – introductory part
Such elements mayshall include:
Amendment 348 #
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point c
Article 3 – paragraph 2 – subparagraph 2 – point c
(c) the posted worker returns and/or is expected to resume working to the Member State from which he/she is posted after completion of the work or the provision of services for which he or she was posted;
Amendment 432 #
Proposal for a directive
Article 5 – paragraph 2 – point c
Article 5 – paragraph 2 – point c
(c) make the information available to workers and service providers in English and other most relevant languages other than the national language(s) of the country in which the services are provided, if possible in summarised leaflet form indicating the main labour conditions applicable and upon requests in formats accessible to persons with disabilities; and indicates the complaints authority to which the posted worker can refer in case of non-compliance;
Amendment 440 #
Proposal for a directive
Article 5 – paragraph 2 – point e
Article 5 – paragraph 2 – point e
(e) indicate, if possible, a contact person at the liaison office in charge of dealing with requests for information; and makes sure that all necessary information is made available for the posting company and posted workers;
Amendment 531 #
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Member States may only imposeshall impose at least the following administrative requirements and control measures:
Amendment 583 #
Proposal for a directive
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
(d) an obligation possibility to designate a contact person to whom the competent authorities of the host Member State can directly address themselves to negotiate, if necessary, on behalf of the employer with the relevant social partners in the Member State to which the posting takes place, in accordance with national legislation and practice, during the period in which the services are provided.
Amendment 706 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – introductory part
Article 12 – paragraph 1 – subparagraph 1 – introductory part
1. With respect to the construction activities referred to in the Annex to Directive 96/71/EC, for all posting situations covered by Article 1(3) of Directive 96/71/EC, the Member States shall ensure on a non–discriminatory basis with regard to the protection of the equivalent rights of employees of direct subcontractors established in its territory, that the contractor of which the employer (service provider or temporary employment undertaking or placement agency) is a direct subcontractor can, in addition to or in place of the employer, be held liable by the posted worker and/or common funds or institutions of social partners for non-payment of the followMember States shall take the necessary measures to ensure that a company that is instructing another company directly with the provision of services on its behalf is held liable for its direct subcontractor regarding:
Amendment 723 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point a a (new)
Article 12 – paragraph 1 – subparagraph 1 – point a a (new)
(aa) any outstanding travel, board and lodging/accommodation costs unduly withheld by the employer.
Amendment 747 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 748 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 818 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Member States may continue to apply bilateral arranggreements concerning administrative cooperation between their competent authorities as regards the application and monitoring of the terms and conditions of employment applicable to posted workers referred to in Article 3 of Directive 96/71/EC, in so far as these arrangements do not adversely affect the rights and obligations of the workers and companies concerned.