20 Amendments of Edouard MARTIN related to 2016/0070(COD)
Amendment 83 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) Directive 96/71/EC stipulates that the core social rights guaranteed to posted workers include the rules on ‘health, safety and hygiene at work’. The lack of any explicit reference to collective accommodation provided by the employer means that workers have no choice but to accept accommodation which does not meet the minimum standards laid down in labour law or which is even unfit for human occupation, an unacceptable state of affairs;
Amendment 146 #
Proposal for a directive
Recital 10
Recital 10
Amendment 242 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) Abuse and legal uncertainty in cases of chain postings and postings involving several jurisdictions should be prevented. Therefore, in cases where a posting situation falls under more than two national jurisdictions, the applicable terms and conditions of employment should be those established by the host Member State where the service is provided, without prejudice to more favourable conditions afforded to the worker under provisions from which the parties cannot derogate by agreement under the national law which would have applied otherwise.
Amendment 268 #
Proposal for a directive
Article 1 – paragraph 1 – point -1 a (new)
Article 1 – paragraph 1 – point -1 a (new)
Directive 96/71/EC
Article 1 – paragraph 3 – point c
Article 1 – paragraph 3 – point c
(–1a) Article 1(3)(c) is amended as follows: (c) being a temporary employment undertaking or placement agency, hire out a worker to a user undertaking established or operating in the territory of a Member State, provided the following three cumulative conditions are met: – there is an employment relationship between the temporary employment undertaking or placement agency and the worker during the period of posting. (For the purpose of this article: ‘employment relationship’ means all the facts relating to the performance of work, sub; – the worker posted by the temporary employment undertaking may only be posted for the purpose of perfordmination and the remg a service at the end user underation of the worker, notwithstanding how the relationship is taking; – posted workers are guaranteed the employment and working conditions, including remuneration, which aracterised in any arrangement, whether contractual or not, that may have been agreed between the parties.)e applicable in accordance with Article 5 of Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work; Or. fr
Amendment 269 #
Proposal for a directive
Article 1 – paragraph 1 – point -1 a (new)
Article 1 – paragraph 1 – point -1 a (new)
Directive 96/71/EC
Article 1 – paragraph 3 – point c a (new)
Article 1 – paragraph 3 – point c a (new)
Amendment 270 #
Proposal for a directive
Article 1 – paragraph 1 – point -1 b (new)
Article 1 – paragraph 1 – point -1 b (new)
Directive 96/71/EC
Article 1 – paragraph 3 – point c a (new)
Article 1 – paragraph 3 – point c a (new)
Amendment 275 #
Proposal for a directive
Article 1 – paragraph -1 a (new)
Article 1 – paragraph -1 a (new)
Directive 96/71/CE
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
(-1a) In Article 2, the following paragraph 2a is added: 2a. Workers can only be considered posted within the meaning of this Directive if their employer meets the following cumulative conditions in relation to the Member State in which it is established: – its principal place of business, e.g. its registered office or a subsidiary, branch or agency, is located in that Member State; – it is liable for applicable direct taxes or turnover taxes in that Member State; – it is registered as an employer and for payment of social security contributions in that Member State; – its operating authorisation is issued by that Member State; – in the preceding year it generated, in the country of origin, a turnover of at least 33.3% of the total turnover generated in the country of establishment and in the country to which the employee is posted.
Amendment 299 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 1
Article 2a – paragraph 1
1. When the anticipated or the effective duration of posting exceeds twenty-four months over a maximum continuous period of 36 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.
Amendment 304 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 1a (new)
Article 2a – paragraph 1a (new)
1a. For the purpose of this Directive, an employee working in the Member State in which the employer on whose behalf he or she has been assigned for a period of at least 90 days full time in the 12 months preceding the first day of the posting is established shall be considered to be habitually working in the territory of that Member State. In respect of temporary workers within the meaning of Article 1(3)(c), the length of service condition provided for in the preceding subparagraph shall be assessed in the territory of the Member State in which their employer is established.
Amendment 326 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/CE
Article 2a – paragraph 2
Article 2a – paragraph 2
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.
Amendment 338 #
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. The application of this Directive shall not have the result of depriving workers of more favourable terms and conditions of employment afforded to them under provisions from which the parties cannot derogate by agreement under the national law which would have applied in the absence of the situation referred to in paragraph 1.
Amendment 343 #
Proposal for a directive
Article 1 – paragraph -1 a (new)
Article 1 – paragraph -1 a (new)
Directive 96/71/CE
Article 2a – paragraph 2 a (new)
Article 2a – paragraph 2 a (new)
2a. Workers can only be considered posted within the meaning of this Directive if their employer meets the following cumulative conditions in relation to the Member State in which it is established: – its principal place of business, e.g. its registered office or a subsidiary, branch or agency, is located in that Member State; – it is liable for applicable direct taxes or turnover taxes in that Member State; – it is registered as an employer and for payment of social security contributions in that Member State; – its operating authorisation is issued by that Member State; – in the preceding year it generated, in the country of origin, a turnover of at least 33.3% of the total turnover generated in the country of establishment and in the country to which the employee is posted.
Amendment 381 #
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 g a (new)
Article 3 – paragraph 1 – indent 2 – point g a (new)
(ga) provisions to cover travel, board and lodging expenses for workers away from home for professional reasons
Amendment 414 #
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)
In the context of remuneration as well as allowances and expenses related to work outside the regular working place, elements which are mandatory under both the national law of the host Member State and the national law applying to the individual employment contract, and which are essentially similar, shall only be paid once to avoid double payment whereby the worker shall always receive the amount which is more favourable.
Amendment 491 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d a (new)
Article 1 – paragraph 1 – point 2 – point d a (new)
Directive 96/71/EC
Article 3 – paragraph 9 a (new)
Article 3 – paragraph 9 a (new)
(da) after paragraph 9, the following paragraph is inserted: 9a. If a posting situation falls under more than two national jurisdictions, the terms and conditions of employment of the Member State to whose territory a worker is posted and where the service is provided, shall apply as long as they are more favourable for the worker than those pursuant to the law under which the individual employment contract was agreed.
Amendment 497 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point e
Article 1 – paragraph 1 – point 2 – point e
Directive 96/71/EC
Article 3 – paragraph 10
Article 3 – paragraph 10
(e) The second subparagraph of paragraph 10 is deleted.Paragraph 10 is replaced by the following: 10. This Directive shall not preclude the application by Member States, in compliance with the Treaty, and in line with national law and practice, of terms and conditions of employment to national undertakings and to the undertakings of other States, on a basis of equality of treatment, of: – terms and conditions of employmentperating on their territory on matters other than those referred to in the first subparagraph of paragraph 1, in the case of public policy provisions, – terms and c including non-ditions of employment laid down in the collective agreements or arbitration awards within the meaning of paragraph 8 and concerning activities other than those referred to in the Annexscriminatory measures to ensure the protection of workers, fair competition and the proper functioning of the labour market.
Amendment 500 #
Proposal for a directive
Article 1 – paragraph 1 –point 2 – point e a (new)
Article 1 – paragraph 1 –point 2 – point e a (new)
Directive 96/71/EC
Article 3 – paragraph 10 a (new)
Article 3 – paragraph 10 a (new)
Amendment 508 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 96/71/CE
Article 4 – paragraph 2 – subparagraph 2 a (new)
Article 4 – paragraph 2 – subparagraph 2 a (new)
(2a) Article 4(2) is amended as follows: Where the liaison office or competent national authority in the country from which the worker is posted is unable to provide the information sought by the labour administration in the host country, the administration in the country from which the worker is posted shall seek that information from the administration or body able to provide it.
Amendment 511 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 96/71/EC
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
(2a) in article 4, after paragraph 3 the following paragraph is added: 3a. Employers shall take appropriate measures to provide essential information on the terms and conditions of employment, in accordance with Directive 91/533/EU, as regards the posting before the beginning of the posting.
Amendment 512 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 96/71/EC
Article 4 – paragraph 4 a (now)
Article 4 – paragraph 4 a (now)
(2a) In Article 4, the following paragraph 4a is inserted: 4a. In order to enhance the cooperation referred to in paragraph 2 and to examine clear abuses and fraud in relation to the posting of workers, a coordination body shall be established comprising representatives of each Member State. It shall have the power to recall liaison offices or competent national authorities in the event of a failure to reply or an incomplete reply on their part. In the event of a persistent delay in providing information to the competent authority, that authority shall refer the matter to the competent body or administration where the liaison office from which the information is sought is unable to provide it.