8 Amendments of Sorin MOISĂ related to 2016/0070(COD)
Amendment 75 #
Proposal for a directive
Recital 4
Recital 4
(4) Almost twenty years after its adoption, it is necessary to assess whether important to ensure that the Posting of Workers Directive stillcontinues to strikes the right balance between the need to promote the freedom to provide services and the need to protect the rights of posted workers. The complete transposition of the Directive 2014/67/EU is essential to the protection of the rights of the posted workers.
Amendment 87 #
Proposal for a directive
Recital 5
Recital 5
Amendment 95 #
Proposal for a directive
Recital 6
Recital 6
(6) The Rome I Regulation generally permits employers and employees to choose the law applicable to the employment contract. However, the employee must not be deprived of the protection of the mandatory rules of the law of the country in which or, failing that, from which the employee habitually carries out his work. In the absence of choice, the contract is governed by the law of the country in which or, failing that, from which the employee habitually carries out his work in performance of the contract.
Amendment 174 #
Proposal for a directive
Recital 11
Recital 11
(11) In a competitive internal market, service providers compete not only on the basis of a labour costs but also on factors such as cost, productivity and efficiency, or the quality and innovation of their goods and services.
Amendment 207 #
Proposal for a directive
Recital 13
Recital 13
(13) The elements of remunerationates of pay under national law or universally applicable collective agreements should be clear and transparent to all service providers. It is therefore justified to impose on Member States the obligation to publish the constituent elements of remunerationand should therefore be mandatory for them to publish the constituent elements of rates of pay including all the bonuses and allowances in accordance with point (c), on the single website provided for by Article 5 of the Enforcement Directive.
Amendment 239 #
Proposal for a directive
Recital 14
Recital 14
(14) Laws, regulations, administrative provisions or collective agreements applicable in Member States may ensure that subcontracting does not confer on undertakings the possibility to avoid rules guaranteeing certain terms and conditions of employment covering remunerationates of pay. Where such rules on remunerationates of pay exist at national level, the Member State may apply them in a non-discriminatory manner to undertakings posting workers to its territory provided that they do not disproportionately restrict the cross-border provision of services.
Amendment 253 #
Proposal for a directive
Recital 16
Recital 16
(16) In accordance with the Joint Political Declaration of 28 September 2011 of Member States and the Commission on explanatory documents6, Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments. With regard to this Directive, the legislator considers the transmission of such documents to be justified, _________________ 6 OJ C 369, 17.12.2011, p. 14.
Amendment 472 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c a (new)
Article 1 – paragraph 1 – point 2 – point c a (new)
Directive 96/71/EC
Article 3 – paragraph 1 b a (new)
Article 3 – paragraph 1 b a (new)
(ca) the following paragraph is added: 1ba. The undertakings must inform the temporary employment agency, in a clear, transparent and unambiguous manner, on the working conditions, rates of pay, including various allowances and bonuses, which they apply.