[ParlTrack]

Anthea McINTYRE, Arne GERICKE, Richard SULÍK

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1), 56 and 62 thereof,

2017/03/08
Committee: EMPL

Anthea McINTYRE, Arne GERICKE, Anders VISTISEN, Richard SULÍK

Proposal for a directive
Citation 3

After transmission of the draft legislative act to the national parliaments, and the subsequent 11 reasoned opinions by the national parliaments,

2017/03/08
Committee: EMPL

Anthea McINTYRE, Arne GERICKE, Richard SULÍK

Proposal for a directive
Citation 4

Having regard to the opinion and counter opinion of the European Economic and Social Committee5,; _________________ 5 OJ C,, p..

2017/03/08
Committee: EMPL

Danuta JAZŁOWIECKA, Marek PLURA, Richard SULÍK, Romana TOMC, Michaela ŠOJDROVÁ, Krzysztof HETMAN, Janusz LEWANDOWSKI

Proposal for a directive
Citation 4

Having regard to the opinion of the European Economic and Social Committee5, and the counter- opinion; _________________ 5 OJ C,, p..

2017/03/08
Committee: EMPL

Danuta JAZŁOWIECKA, Marek PLURA, Richard SULÍK, Agnieszka KOZŁOWSKA, Romana TOMC, Michaela ŠOJDROVÁ, Gunnar HÖKMARK, Christofer FJELLNER, Krišjānis KARIŅŠ, Krzysztof HETMAN, Janusz LEWANDOWSKI

Proposal for a directive
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;

2017/03/08
Committee: EMPL

Danuta JAZŁOWIECKA, Marek PLURA, Eduard KUKAN, Richard SULÍK, Romana TOMC, Michaela ŠOJDROVÁ, Gunnar HÖKMARK, Christofer FJELLNER, Krišjānis KARIŅŠ, Krzysztof HETMAN, Janusz LEWANDOWSKI

Proposal for a directive
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.

2017/03/08
Committee: EMPL

Proposal for a directive
Recital 8 a (new)

(8 a) When calculating the duration of posting, same postings within the same contract concluded by the undertaking referred to in Article 1 (1) should be taken into account.

2017/03/27
Committee: IMCO

Richard SULÍK, Czesław HOC, Stanisław OŻÓG, Kosma ZŁOTOWSKI, Roberts ZĪLE, Angel DZHAMBAZKI, Zdzisław KRASNODĘBSKI, Zigmantas BALČYTIS, Urszula KRUPA, Edward CZESAK, Jadwiga WIŚNIEWSKA, Sandra KALNIETE, Tomasz Piotr PORĘBA, Ramona Nicole MĂNESCU, György SCHÖPFLIN

Proposal for a directive
Recital 8 b (new)

(8 b) When assessing working place for the purpose of calculating the duration of posting in the context of replacement, the working place should be understood as the very same working place where the worker is posted to the same working position to perform the same tasks.

2017/03/27
Committee: IMCO

Proposal for a directive
Recital 8 c (new)

(8 c) For the calculation of the remuneration within the meaning of this Directive, minimum rates of pay and other mandatory elements, laid down by law or universally applicable collective agreements or arbitration awards, are to be taken into account, provided that these elements do not alter the relationship between the service provided by a workers and the consideration which the worker receives in return. The mandatory elements are the elements which apply to all workers and that are not optional or dependent on certain events or factors. Member States should specify in a transparent way the different elements of remuneration applicable on their territory. Posted worker should be entitled to the gross amount of remuneration which does not have to comply with the all mandatory elements but to the amount required.

2017/03/27
Committee: IMCO

Anthea McINTYRE, Arne GERICKE, Richard SULÍK

Proposal for a directive
Recital 4

(4) Almost twenty years after its adoption, it is necessary to assess 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 workers, while respecting the principles enshrined in the EU, the TFEU and the Rome Convention of 19 June 1980.

2017/03/08
Committee: EMPL

Richard SULÍK, Czesław HOC, Kosma ZŁOTOWSKI, Roberts ZĪLE, Angel DZHAMBAZKI, Zdzisław KRASNODĘBSKI, Zigmantas BALČYTIS, Sandra KALNIETE, Ryszard CZARNECKI, Bolesław G. PIECHA, Marian-Jean MARINESCU

Proposal for a directive
Recital 10

(10) Because of the highly mobile nature of work in international road transport~~, the implementation of th~~ it would be pmosting 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 suited to address this topic through sector-specific legislation together with other EU initiatives aimed at improving the functioning of the internal road transport market.

2017/03/27
Committee: IMCO

Anthea McINTYRE, Arne GERICKE, Richard SULÍK

Proposal for a directive
Recital 5

(5) The principle of equal treatment and the prohibition of any discrimination based on nationality are enshrined in EU law since the founding Treaties. 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 undertakingis includes the prohibition of direct discrimination and any other measures which may indirectly discriminate between citizens of a member state.

2017/03/08
Committee: EMPL

Anthea McINTYRE, Arne GERICKE, Richard SULÍK

Proposal for a directive
Recital 6 a (new)

(6a) The freedom of employers and workers to choose the applicable law should be one of the cornerstones of both the free movement of workers and the freedom to provide services.

2017/03/08
Committee: EMPL

Anthea McINTYRE, Arne GERICKE, Richard SULÍK

Proposal for a directive
Recital 6 b (new)

(6b) Article 3 and 8 of Rome I Regulation 1a specifies that an individual employment contract shall be governed by the law chosen by that of the parties concerned. Such a choice may not deprive the employee of the protection of the mandatory rules of the law of the country which but for the choice of the parties, would have applied. _________________ 1a Regulation (EC) No 593/2008.

2017/03/08
Committee: EMPL

Danuta JAZŁOWIECKA, Marek PLURA, Richard SULÍK, Romana TOMC, Michaela ŠOJDROVÁ, Krzysztof HETMAN, Janusz LEWANDOWSKI

Proposal for a directive
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.

2017/03/08
Committee: EMPL

Anthea McINTYRE, Arne GERICKE, Richard SULÍK

Proposal for a directive
Recital 7

(7) The Rome I Regulation 1a further provides that the country where the worker is habitually ~~carried ou~~resident shall not be deemed to have changed if he is temporarily employed in another country. _________________ 1a Regulation (EC) No 593/2008.

2017/03/08
Committee: EMPL

Danuta JAZŁOWIECKA, Marek PLURA, Richard SULÍK, Romana TOMC, Michaela ŠOJDROVÁ, Janusz LEWANDOWSKI

Proposal for a directive
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.

2017/03/08
Committee: EMPL

Proposal for a directive
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 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.deleted

2017/03/27
Committee: IMCO

Proposal for a directive
Recital 8 a (new)

(8a) When calculating the duration of posting, only postings within the same contract concluded by the undertaking referred to in Article 1 (1) should be taken into account.

2017/03/08
Committee: EMPL

Czesław HOC, Richard SULÍK, Kosma ZŁOTOWSKI, Zdzisław KRASNODĘBSKI, Roberts ZĪLE, Angel DZHAMBAZKI, Zigmantas BALČYTIS, Urszula KRUPA, Edward CZESAK, Jadwiga WIŚNIEWSKA, Sandra KALNIETE, Tomasz Piotr PORĘBA, Ramona Nicole MĂNESCU, Bolesław G. PIECHA, Sławomir KŁOSOWSKI, Beata GOSIEWSKA, Zbigniew KUŹMIUK, Stanisław OŻÓG, Ryszard CZARNECKI

Proposal for a directive
Recital 8 b (new)

(8b) When assessing working place for the purpose of calculating the duration of posting in the context of replacement, the working place should be understood as the very same working place where the worker is posted to the same working position to perform the same tasks.

2017/03/08
Committee: EMPL

Proposal for a directive
Recital 8 c (new)

(8c) For the calculation of the remuneration within the meaning of this Directive, minimum rates of pay and other mandatory elements, laid down by law or universally applicable collective agreements or arbitration awards, are to be taken into account, provided that these elements do not alter the relationship between the service provided by a workers and the consideration which the worker receives in return. The mandatory elements are the elements which apply to all workers and that are not optional or dependent on certain events or factors. Member States should specify in a transparent way the different elements of remuneration applicable on their territory. Posted worker should be entitled to the gross amount of remuneration which does not have to comply with the all mandatory elements but to the amount required.

2017/03/08
Committee: EMPL

Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)

Directive 96/71/EC
Article 1 – paragraph 2 a (new)

(-1) in Article 1, the following paragraph is added: “2a. This Directive shall not apply to transport undertakings.”

2017/03/27
Committee: IMCO

Czesław HOC, Zdzisław KRASNODĘBSKI, Kosma ZŁOTOWSKI, Ryszard CZARNECKI, Bolesław G. PIECHA, Jadwiga WIŚNIEWSKA, Beata GOSIEWSKA, Zbigniew KUŹMIUK, Tomasz Piotr PORĘBA, Stanisław OŻÓG, Urszula KRUPA, Richard SULÍK

Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)

Directive 96/71/EC
Article 1 – paragraph 2 a (new)

(-1) in Article 1, the following paragraph is added: “2a. This Directive shall not apply to undertakings referred to in Article 1(1) which post workers, if the period of posting does not exceed three days within a one month reference period.”

2017/03/27
Committee: IMCO

Czesław HOC, Zdzisław KRASNODĘBSKI, Kosma ZŁOTOWSKI, Ryszard CZARNECKI, Bolesław G. PIECHA, Jadwiga WIŚNIEWSKA, Beata GOSIEWSKA, Zbigniew KUŹMIUK, Tomasz Piotr PORĘBA, Stanisław OŻÓG, Urszula KRUPA, Richard SULÍK

Proposal for a directive
Article 1 – paragraph 1 – point -1 a (new)

Directive 96/71/EC
Article 1 – paragraph 4 a (new)

(-1a) in Article 1, the following paragraph is added: “4a. Undertakings established in a non- member State must not be given more favourable treatment than undertakings established in a Member State."

2017/03/27
Committee: IMCO

Proposal for a directive
Article 1 – paragraph 1 – point 1

(1) The following Article 2a is added: ‘Article 2a Posting exceeding twenty-four months 1. When the anticipated or the effective duration of posting 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 out. 2. For the purpose of paragraph 1, in case of replacement of posted workers 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. ’deleted

2017/03/27
Committee: IMCO

Proposal for a directive
Recital 10

(10) Because of the highly mobile nature of work in international road transport~~, the implementation of th~~ it would be pmosting 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 suited to address this topic through sector-specific legislation together with other EU initiatives aimed at improving the functioning of the internal road transport market.

2017/03/08
Committee: EMPL

Danuta JAZŁOWIECKA, Marek PLURA, Richard SULÍK, Agnieszka KOZŁOWSKA, Romana TOMC, Elżbieta Katarzyna ŁUKACIJEWSKA, Krzysztof HETMAN, Janusz LEWANDOWSKI

Proposal for a directive
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 suit~~Therefore transport services such as transit, international transport and linked cabotage are excluded forom the~~se challenges to~~ scope of this Directive and should be addressed through sector-specific legislation together with other EU initiatives aimed at improving the functioning of the internal road transport market.

2017/03/08
Committee: EMPL

Anthea McINTYRE, Arne GERICKE, Richard SULÍK

Proposal for a directive
Recital 11

(11) In a competitive internal market, service providers compete not only on the basis of ainternal costs including labour costs but also on factors such as productivity and efficiency, or the quality and innovation of their goods and services and according to the highly variable costs of providing services in another member state.

2017/03/08
Committee: EMPL

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a

Directive 96/71/EC
Article 3 – paragraph 1 – indent 2 – point c

(c) ~~remuneration, including overtime rates~~minimum rates of pay, including overtime rates, unless the Member State fails to publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of minimum rates of pay, their geographic and personal scope and the method of calculation; this point does not apply to supplementary occupational retirement pension schemes;

2017/03/27
Committee: IMCO

Danuta JAZŁOWIECKA, Marek PLURA, Richard SULÍK, Romana TOMC, Michaela ŠOJDROVÁ, Gunnar HÖKMARK, Christofer FJELLNER, Krišjānis KARIŅŠ, Janusz LEWANDOWSKI

Proposal for a directive
Recital 12

(12) It is within Member States' competence to set rules on ~~remuneration~~minimum 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).

2017/03/08
Committee: EMPL

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a

Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2

For the purposes of this Directive, remuneration means 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 arbitthe concept of minimum rates of pay referred to in paragraph 1 (c) is defined by the national law and/or practi~~on awards within the meaning of paragraph 8 second subparagraph, in~~ce of the Member State to whose territory the worker is posted.

2017/03/27
Committee: IMCO

Anthea McINTYRE, Arne GERICKE, Richard SULÍK

Proposal for a directive
Recital 12

(12) It is within Member States' 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~~Rules applied to posted workers must be in line with Rome I Regulation and must not disproportionately restrict the cross-border provision of services.

2017/03/08
Committee: EMPL

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a

Directive 96/71/EC
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)~~minimum rates of pay, their geographic and personal scope and the method of calculation in accordance with point (c). If the payment received by the posted worker is at least equal to the minimum rates of pay, it shall be deemed that this posted worker has received the minimum rates of pay provided for in this Directive.

2017/03/27
Committee: IMCO

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a

Directive 96/71/EC
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).~~, their geographic and personal scope and the method of calculation in accordance with point (d). If the payment received by the posted worker is at least equal to the amount of constituent elements of remuneration, it shall be deemed that this posted worker has received the remuneration provided for in this Directive."

2017/03/27
Committee: IMCO

Danuta JAZŁOWIECKA, Marek PLURA, Richard SULÍK, Romana TOMC, Michaela ŠOJDROVÁ, Gunnar HÖKMARK, Christofer FJELLNER, Krišjānis KARIŅŠ, Janusz LEWANDOWSKI

Proposal for a directive
Recital 13

~~(13) The elements of remuneration (13)~~ The information on minimum rates of pay and applicable bonuses and allowances under national law or universally applicable collective agreements should be clear, up to date and transparent to all service providers. It is therefore justified to impose on Member States the obligation to publish th~~e constituent elements of remuneration on th~~is information on the single website provided for by Article 5 of the Enforcement Directive. In order to provide more transparency and clarity generally applicable collective agreements should be also accompanied by clear information on applicable smin~~gle website provided for by Article 5 of th~~imum rates of pay, bonuses and allowances and their method of calculation. Social partners are also obliged to make public all collective agreements, which are applicable according to this Directive. Similarly, foreign subcontractors should be Einfor~~cement Directive~~med in writing about terms and conditions of employment that they should apply towards posted workers.

2017/03/08
Committee: EMPL

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b

Directive 96/71/EC
Article 3 – paragraph 1 a

1a. If undertakings established in the territory of a Member State are obliged by law, regulation, administrative provision or collective agreement, to sub-contract in the context of their contractual obligations only to undertakings that guarantee certain terms and conditions of employment covering remuneration,, the Member State may, on a non– discriminatory and proportionate basis, provide that such undertakings shall be under the same obligation regarding subcontracts with undertakings referred to in Article 1 (1) posting workers to its territory.deleted

2017/03/27
Committee: IMCO

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b a (new)

Directive 96/71/EC
Article 3 – paragraph 1 a a (new)

(ba) The following paragraph is added: "1aa. When the effective duration of posting exceeds 24 months Member States shall ensure, 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 leave and holiday entitlements, in addition paragraph 1(b); (b) parental and paternal leave; (c) other mandatory rules relating to working hours and rest periods, in addition to paragraph 1(a) (d) remuneration, including overtime rates, in addition to paragraph 1(c), unless the Member State fails to publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of the remuneration, their geographic and personal scope and the method of calculation; this point does not apply to supplementary occupational retirement pension schemes; Where a posted worker is replaced by another posted worker performing the same task at the same working place [by the undertaking referred to in Article 1(1), the duration of the posting shall for the purposes of this paragraph be the cumulative duration of the posting periods of the individual workers concerned. This paragraph shall not apply to workers that are posted for an effective duration of 6 months or less. For the purpose of this Directive, remuneration means 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 the Member State to whose territory the worker is posted."

2017/03/27
Committee: IMCO

Proposal for a directive
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 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.deleted

2017/03/08
Committee: EMPL

Danuta JAZŁOWIECKA, Marek PLURA, Richard SULÍK, Romana TOMC, Michaela ŠOJDROVÁ, Elżbieta Katarzyna ŁUKACIJEWSKA, Krzysztof HETMAN, Agnieszka KOZŁOWSKA, Janusz LEWANDOWSKI

Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)

Directive 96/71/EC
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."

2017/03/08
Committee: EMPL

Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)

Directive 96/71/EC
Article 1 – paragraph 2 a (new)

(–1) In Article 1, the following paragraph 2a is inserted : 2a. This Directive shall not apply to transport undertakings.

2017/03/08
Committee: EMPL

Proposal for a directive
Article 1 – paragraph 1 – point 1

Directive 96/71/EC
Article 2a

(1) The following Article 2a is added: Article 2a Posting exceeding twenty-four months 1. When the anticipated or the effective duration of posting 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 out. 2. For the purpose of paragraph 1, in case of replacement of posted workers 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.deleted

2017/03/08
Committee: EMPL

Danuta JAZŁOWIECKA, Marek PLURA, Richard SULÍK, Romana TOMC, Michaela ŠOJDROVÁ, Janusz LEWANDOWSKI

Proposal for a directive
Article 1 – paragraph 1 – point 1

Directive 96/71/EC
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 ou~~ensure, 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.

2017/03/08
Committee: EMPL

Anthea McINTYRE, Arne GERICKE, Richard SULÍK

Proposal for a directive
Article 1 – paragraph 1 – point 1

Directive 96/71/EC
Article 2a – paragraph 1

1. When the anticipated or the effective duration of posting exceeds twenty-four months, the Member State to whose territory a worker is posted shall be ~~dee~~presumed to be the country in which his or her work is habitually carried out, unless the parties determine their choice of applicable law in accordance with Regulation 593/2008 or upon the application of the settled decisions of the Court of Justice the habitual residence of the worker is clearly another member state.

2017/03/08
Committee: EMPL

Danuta JAZŁOWIECKA, Marek PLURA, Agnieszka KOZŁOWSKA, Richard SULÍK, Romana TOMC, Michaela ŠOJDROVÁ, Krzysztof HETMAN, Janusz LEWANDOWSKI

Proposal for a directive
Article 1 – paragraph 1 – point 1

2. For the purpose of ~~paragraph 1, in case of replacement of posted workers~~calculating 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.

2017/03/08
Committee: EMPL

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a

Directive 96/71/EC
Article 3 – pragraph 1 – indent 2 – point c

(c) ~~remuneration, including overtime rates~~minimum rates of pay, including overtime rates, unless the Member State fails to publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of minimum rates of pay, their geographic and personal scope and the method of calculation; this point does not apply to supplementary occupational retirement pension schemes;

2017/03/08
Committee: EMPL

Danuta JAZŁOWIECKA, Marek PLURA, Richard SULÍK, Romana TOMC, Michaela ŠOJDROVÁ, Gunnar HÖKMARK, Christofer FJELLNER, Krišjānis KARIŅŠ, Janusz LEWANDOWSKI

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a

Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2

~~For the purpose of this Directive, remuneration me~~The minimum rates of pay as well as bonuses ansd all ~~the elements of remuneration rendered mandatory~~owances are defined 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 the Member State to whose territory the worker is posted.

2017/03/08
Committee: EMPL

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a

For the purposes of this Directive, remuneration means 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 arbitthe concept of minimum rates of pay referred to in paragraph 1 (c) is defined by the national law and/or practi~~on awards within the meaning of paragraph 8 second subparagraph, in~~ce of the Member State to whose territory the worker is posted.

2017/03/08
Committee: EMPL

Danuta JAZŁOWIECKA, Marek PLURA, Richard SULÍK, Romana TOMC, Michaela ŠOJDROVÁ, Gunnar HÖKMARK, Christofer FJELLNER, Krišjānis KARIŅŠ, Janusz LEWANDOWSKI

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a

Directive 96/71/EC
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

2017/03/08
Committee: EMPL

Danuta JAZŁOWIECKA, Marek PLURA, Richard SULÍK, Romana TOMC, Michaela ŠOJDROVÁ, Gunnar HÖKMARK, Christofer FJELLNER, Krišjānis KARIŅŠ, Janusz LEWANDOWSKI

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a

Directive 96/71/EC
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.

2017/03/08
Committee: EMPL

Danuta JAZŁOWIECKA, Marek PLURA, Richard SULÍK, Romana TOMC, Michaela ŠOJDROVÁ, Gunnar HÖKMARK, Christofer FJELLNER, Krišjānis KARIŅŠ, Janusz LEWANDOWSKI

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a

Directive 96/71/EC
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.

2017/03/08
Committee: EMPL

Danuta JAZŁOWIECKA, Marek PLURA, Richard SULÍK, Romana TOMC, Michaela ŠOJDROVÁ, Gunnar HÖKMARK, Christofer FJELLNER, Krišjānis KARIŅŠ, Janusz LEWANDOWSKI

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a

Directive 96/71/EC
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

2017/03/08
Committee: EMPL

Danuta JAZŁOWIECKA, Marek PLURA, Richard SULÍK, Romana TOMC, Michaela ŠOJDROVÁ, Gunnar HÖKMARK, Christofer FJELLNER, Krišjānis KARIŅŠ, Janusz LEWANDOWSKI

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a

Directive 96/71/EC
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.

2017/03/08
Committee: EMPL

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a

Directive 96/71/EC
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 ~~remuner~~minimum rates of pay, their geographic and personal scope and the method of calculation in accordance with point (c).

2017/03/08
Committee: EMPL

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a

Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 3 a (new)

If the payment received by the posted worker is at least equal to the minimum rates of pay, it shall be deemed that this posted worker has received the minimum rates of pay provided for in this Directive.

2017/03/08
Committee: EMPL

Danuta JAZŁOWIECKA, Marek PLURA, Richard SULÍK, Romana TOMC, Michaela ŠOJDROVÁ, Gunnar HÖKMARK, Christofer FJELLNER, Krišjānis KARIŅŠ, Janusz LEWANDOWSKI

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a

Directive 96/71/EC
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.

2017/03/08
Committee: EMPL

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b

Directive 96/71/EC
Article 3 – pragraph 1 a

(b) The following paragraph is added: 1a. territory of a Member State are obliged by law, regulation, administrative provision or collective agreement, to sub-contract in the context of their contractual obligations only to undertakings that guarantee certain terms and conditions of employment covering remuneration,, the Member State may, on a non– discriminatory and proportionate basis, provide that such undertakings shall be under the same obligation regarding subcontracts with undertakings referred to in Article 1 (1) posting workers to its territory.deleted If undertakings established in the

2017/03/08
Committee: EMPL

Danuta JAZŁOWIECKA, Marek PLURA, Richard SULÍK, Romana TOMC, Michaela ŠOJDROVÁ, Krzysztof HETMAN, Janusz LEWANDOWSKI

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b

Directive 96/71/EC
Article 3 – paragraph 1 a

(b) The following paragraph is added: 1a. territory of a Member State are obliged by law, regulation, administrative provision or collective agreement, to sub-contract in the context of their contractual obligations only to undertakings that guarantee certain terms and conditions of employment covering remuneration,, the Member State may, on a non– discriminatory and proportionate basis, provide that such undertakings shall be under the same obligation regarding subcontracts with undertakings referred to in Article 1 (1) posting workers to its territory.deleted If undertakings established in the

2017/03/08
Committee: EMPL

Czesław HOC, Richard SULÍK, Kosma ZŁOTOWSKI, Zdzisław KRASNODĘBSKI, Roberts ZĪLE, Angel DZHAMBAZKI, Zigmantas BALČYTIS, Sandra KALNIETE, Ryszard CZARNECKI

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b a (new)

Directive 96/71/EC
Article 3 – paragraph 1 a a (new)

(ba) The following paragraph is added: 1aa. When the effective duration of posting exceeds 24 months, Member States shall ensure that, whatever the law applicable to the employment relationship, 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 leave and holiday entitlements, in addition paragraph 1(b); (b) parental and paternal leave; (c) other mandatory rules relating to working hours and rest periods, in addition to paragraph 1(a); (d) remuneration, including overtime rates, in addition to paragraph 1(c), unless the Member State fails to publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of the remuneration, their geographic and personal scope and the method of calculation; this point does not apply to supplementary occupational retirement pension schemes; Where a posted worker is replaced by another posted worker performing the same task at the same working place [by the undertaking referred to in Article 1(1), the duration of the posting shall for the purposes of this paragraph be the cumulative duration of the posting periods of the individual workers concerned. This paragraph shall not apply to workers that are posted for an effective duration of six months or less. For the purpose of this Directive, remuneration means 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 the Member State to whose territory the worker is posted. 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, their geographic and personal scope and the method of calculation in accordance with point (d). If the payment received by the posted worker is at least equal to the amount of constituent elements of remuneration, it shall be deemed that this posted worker has received the remuneration provided for in this Directive.

2017/03/08
Committee: EMPL

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b a (new)

Directive 96/71/EC
Article 3 – paragraph 1 a b (new)

(ba) The following paragraph is added: 1ab. 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, their geographic and personal scope and the method of calculation in accordance with point (d). If the payment received by the posted worker is at least equal to the amount of constituent elements of remuneration, it shall be deemed that this posted worker has received the remuneration provided for in this Directive.

2017/03/08
Committee: EMPL

Activities of Richard SULÍK related to 2016/0070(COD)

Plenary speeches (1)

Amendments (59)

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