11 Amendments of Ria OOMEN-RUIJTEN related to 2013/0124(COD)
Amendment 34 #
Proposal for a directive
Recital 3
Recital 3
(3) The free movement of workers gives every citizen the right to move freely to another Member State to work and reside there for that purpose. It protects them against discrimination on the grounds of nationality as regards employment, remuneration, dismissal, tax and social advantages, and other working conditions by ensuring their equal treatment in comparison to nationals of that Member State. It needs to be distinguished from the freedom to provide services, which includes the right of undertakings to provide services in another Member State, for which they may send (‘post’) their own workers to another Member State temporarily to carry out the work necessary to provide these services there.
Amendment 46 #
Proposal for a directive
Recital 7
Recital 7
(7) In the 2010 EU Citizenship Report "Dismantling the obstacles to EU citizens rights" of 27 October 2010, the Commission identified the divergent and incorrect application of Union law on the right to free movement as one of the main obstacles that Union citizens are confronted with in the effective exercise of their rights under Union law. Non- recognition of qualifications from other Member States is also an obstacle. Accordingly, the Commission announced its intention to take action to "facilitate free movement of EU citizens and their third- country national family members by enforcing EU rules strictly, including on non-discrimination, by promoting good practices and increased knowledge or EU rules on the ground and by stepping up the dissemination of information to EU citizens about their free movement rights" (action 15 of the 2010 EU Citizenship Report) and relevant provisions from other legislation, such as Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems.
Amendment 56 #
Proposal for a directive
Recital 11
Recital 11
(11) The application and monitoring of the Union rules on free movement of workers should be improved to ensure workers are better informed about their rights, to assist and to protect them in the exercise of those rights, and to combat circumvention of these rules by public authorities and public or private employers. To that end, Council Directive 91/533/EEC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ L 288, 18.10.1991, p. 32) should be implemented and monitored consistently. Workers posted in the context of the free movement of services should be informed by their employer about their pay and other applicable conditions of employment, prior to their posting, in accordance with the provisions of Directive 96/71/EC.
Amendment 60 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) For each Member State it should be specified which jobs are nationality- restricted.
Amendment 71 #
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) The Commission and Member States are encouraged to establish a European network of national contact points in order to exchange best practices and to improve cooperation among Member States in the facilitation of free movement of workers. Member States are encouraged to establish - with neighbouring countries - a bilateral network, committee, body or organisation the aim of which would be to advise cross- border workers and resolve their problems. National contact points and bilateral networks, committees, bodies or organisations should cooperate with bodies and organisations with responsibility for coordination arrangements under Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems.
Amendment 74 #
Proposal for a directive
Recital 19
Recital 19
(19) Member States should ensure the promotion of synergies with existing information and support tools at the Union level and to this end they should ensure that existing or newly created bodies are aware, make use of and co-operate with the existing information and assistance services, such as Your Europe, SOLVIT, EURES, Enterprise Europe Network and the Points of Single Contact. Contact, coordination and cooperation between the relevant bodies across borders should also be promoted.
Amendment 83 #
Proposal for a directive
Recital 21
Recital 21
(21) Member States should make information about employment terms and conditions more widely available to workers and cross-border workers from other Member States, to employers and to other interested parties. Workers in particular should be informed about their rights and obligations in connection with migration, immigration and cross-border working.
Amendment 95 #
Proposal for a directive
Recital 23
Recital 23
(23) This Directive lays down minimum requirements, thus giving the Member States the option of introducing or maintaining more favourable provisions. Member States also have the possibility to extend the competencies of the organisations entrusted with tasks related to the protection of Union migrantmobile Union workers (including cross-border workers) against discrimination on grounds of nationality so as to cover the right to equal treatment without discrimination on grounds of nationality of all Union citizens and their family members exercising their right to free movement, as enshrined in Article 21 TFEU and Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States. The implementation of the present Directive should not serve to justify any regression in relation to the situation which already prevails in each Member State.
Amendment 153 #
Proposal for a directive
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
(b) conducting independent surveys and independent analyses concerning discrimination and non-discrimination on the basis of nationality and/or, in the case of cross-border workers, on the basis of place of residence. For each Member State it should be specified which jobs are nationality-restricted;
Amendment 164 #
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. When more than one body is in charge of the tasks referred to in Article 5(1) and (2), Member States shall ensure coordination and cooperation among these bodies in order to avoid any overlapping or lack of powers.
Amendment 180 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall provide, via national contact points, clear, easily accessible, comprehensive and, up- to-date and multilingual information on the rights conferred by the Union law on free movement of workers. This information should also be easily accessible through Your Europe and EURESUnion law concerning free movement of workers and on means of available legal protection and redress. Member States are also encouraged to set up a multilingual website dedicated to information on free movement of workers. The information on that website and the information on coordination of social security systems shall be linked. This information should also be easily accessible through Your Europe and EURES. Contact, coordination and cooperation between the relevant contact points or bodies across borders should also be promoted.