7 Amendments of Rosa D'AMATO related to 2016/0070(COD)
Amendment 27 #
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) and 62, 62, 151 and 153(1)(a) and (b) thereof,
Amendment 67 #
Proposal for a directive
Recital 3
Recital 3
(3) According to Article 3 TEU, the Union shall promote social justice and protection. Article 9The TFEU gives the Union the task to promote a high level of employment, to guarantee an adequate social protection and to combat social exclusion as well as supporting and complementing measures by the Member States to improve the working environment and protect the safety and health of workers and their working conditions.
Amendment 85 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) A better definition of the concept of posted workers is needed to ensure greater legal certainty within the institution and prevent avoidance.
Amendment 238 #
Proposal for a directive
Recital 14
Recital 14
(14) Laws, regulations, and national practices, including 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 remuneration. Where such rules on remuneration 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 274 #
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 96/71/CE
Article 2 – paragraph 1
Article 2 – paragraph 1
–1) Article 2, paragraph 1, is amended as follows: "1. For the purposes of this Directive, ‘posted worker’ means a worker who, for a limited period of at least three months, carries out his work in the territory of a Member State other than the State in which he normally works and has a social security legislation attestation (A1) issued by the competent authority of the sending Member State, in accordance with Articles 11 to 16 of Regulation (EC) No 883/2004 and Article 19 of Regulation (EC) No 987/2009.
Amendment 341 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2 a – paragraph 2 a (new)
Article 2 a – paragraph 2 a (new)
2a.. For the purpose of paragraph 2, there may be no more than three replacements of posted workers performing the same task at the same workplace.
Amendment 390 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/CE
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
For the purpose of this Directive, remuneration means all the elements of remuneration rendered mandatory by national law, regulation or practice (e.g. administrative provisions), 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 the Member State to whose territory the worker is postedif the Member State to whose territory the worker is posted so decides, by: – collective agreements or arbitration awards which are generally applicable to all similar undertakings in the geographical area and in the profession or industry concerned, and/or – collective agreements which have been concluded by the most representative employers’ and employees’ organisations at national level and which are applied throughout their national territory, provided that they are applied in respect of the undertakings referred to in Article 1(1) in such a way as to ensure equal treatment as regards pay between those undertakings and undertakings under this subparagraph that are in a similar situation, and that a Member State wishing to make use of collective agreements of this kind that have not been declared universally applicable has notified the Commission that the obligation to publish the relevant information on the single national website referred to above has been met.