[ParlTrack]

Proposal for a directive
Recital 10

(10) Adequate and effective implementation and enforcement are key elements in protecting the rights of posted workers, whereas poor enforcement undermines the effectiveness of the Union rules applicable in this area. CIt is therefore essential to establish and maintain close cooperation between Member States, the Commission, and ~~the Member States is therefore essential, without neglecting the important role of~~relevant national, regional, and local actors including labour inspectorates and the social partners in this respect.

2012/11/07
Committee: IMCO

Phil BENNION, Philippe DE BACKER

Proposal for a directive
Recital 24

(24) In view of the prevalence of subcontracting in the construction sector, and in order to protect posted workers‘ rights, it is necessary to ensure that in such sector at least the contractor of which the employer is a direct subcontractor can be held liable to pay to posted workers the net minimum rates of pay due, any back-payments of outstanding remuneration and/or contributions due to common funds or institutions of social partners regulated by law or collective agreement in so far as these are covered by Article 3 (1) of Directive 96/71/EC in addition to or in place of the employer. The contractor shall not be held liable if he/she has undertaken due diligence. The latter may imply preventive measures concerning proof provided by the subcontractor, including where relevant based upon information emanating from national authorities.deleted

2012/11/07
Committee: IMCO

Phil BENNION, Philippe DE BACKER

Proposal for a directive
Recital 25

(25) In specific cases, other contractors may, in accordance with national law and practice, be also held liable for failure to comply with the obligations under this Directive, or their liability may be limited, after consultation of the social partners at national or sectoral level.deleted

2012/11/07
Committee: IMCO

Phil BENNION, Philippe DE BACKER

Proposal for a directive
Recital 26

(26) The obligation to impose a liability requirement on the contractor where the direct subcontractor is a service provider, established in another Member State, posting workers is justified in the overriding public interest of the social protection of workers. Such posted workers may not be in the same situation as workers employed by a direct subcontractor established in the Member State of establishment of the contractor with regard to the possibility to claim outstanding pay or refunds of taxes or social security contributions unduly withheld.deleted

2012/11/07
Committee: IMCO

Phil BENNION, Philippe DE BACKER

Proposal for a directive
Article 6 – paragraph 3

3. For the purpose of responding to a request for assistance from competent authorities in another Member State, Member States shall ensure that service providers established in their territory supply their competent authorities with all the information necessary for supervising their activities in compliance with their national laws. Where service providers fail to provide such information, appropriate action must be initiated by the competent authorities within the host state, and where appropriate in cooperation with the competent authorities of the state of establishment.

2012/11/07
Committee: IMCO

5 Amendments of Philippe DE BACKER related to 2012/0061(COD)

ParlTrack - 2011-2024