36 Amendments of Michaela ŠOJDROVÁ related to 2016/0070(COD)
Amendment 24 #
Draft legislative resolution
Citation 2
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 35 #
Proposal for a directive
Citation 2
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 42 #
Proposal for a directive
Citation 4
Citation 4
Having regard to the opinion of the European Economic and Social Committee5, and the counter- opinion; _________________ 5 OJ C,, p..
Amendment 43 #
Proposal for a directive
Citation 4 a (new)
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 50 #
Proposal for a directive
Recital 1
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 workerfighting illegal practices as well as ensuring respect for the rights of workers and the improvement of working conditions.
Amendment 51 #
Proposal for a directive
Recital 1
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 65 #
Proposal for a directive
Recital 2
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 81 #
Proposal for a directive
Recital 4
Recital 4
(4) Almost twenty years after its adoption, it is necessary to assess whetherenforce the rules and confirm that 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.
Amendment 99 #
Proposal for a directive
Recital 7
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 111 #
Proposal for a directive
Recital 8
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 andshall ensure that undertakings posting workers to their territory guarantee the posted workers additional rights, beside the terms and condition of employment to which they are entitled according to paragraph 1. This should apply from the first day subsequent to the 24 months when it effectively exceeds this duration, unless two Member States concerned agree on derogation. 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 RegulationIn order to take into account characteristics of various sectors, the 24 months should be calculated within the reference period of 36 months. For the purpose of calculating the posting period the concept of "the same task at the same place" is also clearly defined and should be determined taking also into consideration the nature of the service provided and the work to be performed.
Amendment 139 #
Proposal for a directive
Recital 9
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 theof public interest and must be proportionate and necessary. The overriding reasons relating to the public interest which have been acknowledged by the Court include the protection of workers and in particular the social protection of workers in the construction industry.
Amendment 141 #
Proposal for a directive
Recital 9 a (new)
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 150 #
Proposal for a directive
Recital 10
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 inwhich should be addressed through sector-specific legislation. Accordingly, this directive should apply to international road transport in a way that would not hinder internal road transport market nor compromise the principles of sincere cooperation and solidarity between Member States, while some non- posting categories of international road transport such as international haulage, transit or linked cabotage should be considered as being out of the scope of the directive. Member States are also obliged to refrain from imposing excessive requirements on carriers in posting sitiuatives aimed at improving the functioning of the internal road transport maons, namely refrain from requirements likely to render posting legally uncertain for posted workers and undertakings, and thus compromise the protection of worketrs.
Amendment 190 #
Proposal for a directive
Recital 12
Recital 12
(12) It is within Member States' competence to set rules on remunerationminimum rates of pay and bonuses and allowances in accordance with their law and practice. However, these national rules on remuneration applied to posted workers must be proportionate, non- discriminatory and justified by the need to protect posted workers and must not disproportionately restrict the cross- border provision of services. Therefore Member States should ensure that workers posted to their territory are entitled to minimum rates of pay as well as specific categories of bonuses and allowances as specified in Article 3.1.(c).
Amendment 195 #
Proposal for a directive
Recital 12
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 204 #
Proposal for a directive
Recital 13
Recital 13
Amendment 215 #
Proposal for a directive
Recital 13
Recital 13
(13) The legal 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 legal 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.
Amendment 258 #
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 2
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 261 #
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 2 a (new)
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 271 #
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 3 a (new)
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 289 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2 a – paragraph 1
Article 2 a – paragraph 1
1. When the anticipated or the effective duration of posting of an individual worker 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 ouensure, whatever the law applicable to the employment relationship, that 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 work periods and rest periods, in addition to paragraph 1(a); (b) other mandatory rules relating to leave and holidays, in addition to paragraph 1(b); (c) other mandatory rules in addition to paragraph 1 (c); (d) rules on parental and paternal leave. The duration of posting of an individual worker shall be calculated within the reference period of 36 months, with a possibility to refrain from the application of paragraph 1 following an agreement with regards to concrete cases between competent authorities from the two Member States concerned. When a period of two months has elapsed from the date of expiry of the previous posting period, the calculation shall restart.
Amendment 323 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
2. For the purpose of paragraph 1, in case of replacement of posted workerscalculating the effective duration of posting of an individual posted worker according to paragraph 1, in case of replacement of that individual posted worker by another worker 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 354 #
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 – introductory part
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 in the context of a longer posting, in addition to the legal 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:
Amendment 356 #
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 – introductory part
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
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – indent 2
Article 3 – paragraph 1 – indent 2
– by collective agreements or arbitration awards which have been declared universally applicable within the meaning of paragraph 8: insofar as they are published on the single official national website referred to in Article 5 of Directive 2014/67/EU: (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 365 #
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 – indent 2 – point c
Article 3 – paragraph 1 – indent 2 – point c
(c) remuneration, including overtime rates; this point does not apply to supplementary occupational retirement pension schemes; the minimum rates of pay, including overtime rates; allowances for work carried out on public holidays and Sundays; sector- specific allowances and bonuses with regards to specific working conditions as well as health and safety; seniority allowances; end of year bonuses; daily allowances including board and lodging allowances with regard to assignment within the Member State to which a worker is posted; this point does not apply to supplementary occupational retirement pension schemes, benefits in kind as well as bonuses and allowances which are not directly paid to posted workers;
Amendment 388 #
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 a (new)
Article 3 – paragraph 1 – subparagraph 1 a (new)
Amendment 391 #
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 meansthe concept of "remuneration" shall be determined by national law and/or practice of the Member State to whose territory the worker is posted and mean 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 theat Member State to whose territory the worker is posted.
Amendment 392 #
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
Amendment 412 #
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 a (new)
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 420 #
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 a (new)
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
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2 b (new)
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
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2 c (new)
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 425 #
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 3
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 in accordance with point (c)specify in a transparent way minimum rates of pay as well as allowances and bonuses as listed in point (c) that are applicable in their territory. They shall publish this information in the single official national website referred to in Article 5 of Directive 2014/67/EU. In case of universally applicable collective agreements a separate clear information on the applicable minimum rates of pay as well as bonuses and allowances shall be published.
Amendment 444 #
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 3 a (new)
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 453 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 96/71/EC
Article 3 – paragraph 1 a
Article 3 – paragraph 1 a