Activities of Mylène TROSZCZYNSKI related to 2016/0070(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council amending Directive 96/71/EC of the European Parliament and the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services
Amendments (8)
Amendment 21 #
Proposal for a directive
Recital 1
Recital 1
Amendment 29 #
Proposal for a directive
Recital 2
Recital 2
(2) The freedom to provide services includes thepurports to include a so-called 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; this ought to be considered not as a right or a rule, but as a privilege granted by the Member States.
Amendment 30 #
Proposal for a directive
Recital 3
Recital 3
(3) According to Article 3 TEU, the Union shall promote social justice and protection. Article 9 TFEU gives the Union the task to promote a high level of employment, to guarantee an adequate social protection and to combat social exclusion. ; it has totally failed in this task, as the European economy has never before experienced such a high level of unemployment, nor European societies such a high level of poverty.
Amendment 36 #
Proposal for a directive
Recital 4
Recital 4
(4) Almost twenty years after its adoption, it is necessary to assessconsider in a pragmatic and realistic way whether 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 workerhas achieved the desired results.
Amendment 42 #
Proposal for a directive
Recital 5
Recital 5
(5) The principle of equal treatment and the prohibition of any discrimination based on nationality, arelthough enshrined in EU law since the founding Treaties, has become totally inappropriate in the current economic context. European citizens, and French citizens in particular, today wish to be treated preferentially when it comes to hiring and social security benefits in their own countries, as compared with foreign residents, and that in no way constitutes discrimination. The principle of equal pay has been implemented through secondary law not only between women and men, but also between employees with fix term contracts and comparable permanent workers, between part-time and full-time workers or between temporary agency workers and comparable workers of the user undertaking.
Amendment 73 #
Proposal for a directive
Recital 9
Recital 9
(9) It is settled case law that rRestrictions to the freedom to provide services are only admissible if justified by overriding reasonsa matter for the national authorities alone, whose most important task is to work daily in the publicgeneral interest and must be proportionate and necessaryof the public in their areas.
Amendment 96 #
Proposal for a directive
Recital 12
Recital 12
(12) It is within Member States' exclusive competence to set rules on remuneration in accordance with their law and practice. 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 in the national public interest.
Amendment 109 #
Proposal for a directive
Recital 13
Recital 13
(13) The elements of remuneration under national law or universally applicable collective agreements should beare, in general, clear and transparent to all service providers. It is therefore justified to impose on Member States the obligation to publish the constituent elements of remuneration on the single website provided for by Article 5 of the Enforcement Directive.