24 Amendments of Enrique CALVET CHAMBON related to 2016/0070(COD)
Amendment 34 #
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), 56 and 62 thereof,
Amendment 68 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) With a view to enforcing the provisions of this Directive and thereby guaranteeing effective protection of workers, coordination between the Member State labour inspectorates and EU cooperation on combating posting- related fraud should be stepped up.
Amendment 80 #
Proposal for a directive
Recital 4
Recital 4
(4) Almost twenty years after its adoption, it is necessary to assess whether the Posting of Workers Directive still strikeshas struck the right balance between the need to promote the freedom to provide services and the need to protect the rights of posted workers without affecting free business competition.
Amendment 82 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) Part of the problems arising from the implementation of Directives 96/71/EC and 2017/67/EU stem from overt abuse or illegal cross-border activity. The posting of workers through ‘mailbox companies’ or bogus temporary postings are evidence of this. Protectionist demands by certain Member States cannot met by restricting freedom to provide services but by stepping controls on the cross-border movement of workers to prevent fraudulent practices in this connection.
Amendment 86 #
Proposal for a directive
Recital 4 b (new)
Recital 4 b (new)
(4b) By Decision (EU) 2016/344, the Union established a European Platform to enhance cooperation in tackling undeclared work, including cross-border aspects; both this decision and Parliament's resolution of 14 January 2014 on effective labour inspections as a strategy to improve working conditions in Europe should lead the Commission to consider the possibility of creating a European Labour Inspectorate consisting of a body of European inspectors specialized in cross-border mobility to provide technical support for national inspectors in the implementation of European legislation on the movement of workers.
Amendment 91 #
Proposal for a directive
Recital 5
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 undertaking. In any case, there is no reason for proper use of the posting of workers to involve any infringement of this principle.
Amendment 102 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
Amendment 104 #
Proposal for a directive
Recital 7 b (new)
Recital 7 b (new)
Amendment 106 #
(7c) The aim of Art. 4 of Directive 2014/67/EU on the Enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services is to identify genuine posting and prevent abuse and circumvention.
Amendment 128 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) It is the prerogative of the national competent authorities to assess whether the professional activity pursued in the context of provision of services is genuine and whether the provisions of this Directive are applicable in each individual case according to Directive Art. 4 of Directive 2014/67/EU.
Amendment 137 #
Proposal for a directive
Recital 9
Recital 9
(9) Article 56 of the Treaty on the Functioning of the European Union (TFEU) requires the abolition of any restriction on the freedom to provide services, even if that restriction applies without distinction to national service providers and to those of other Member States, which is liable to prohibit, impede and render less attractive the activities of a service provider established in another Member State where it lawfully provides similar services. It is settled case law that restrictions to the freedom to provide services are only admissible if justified by overriding reasons inrelated to the public interest and must be appropriate, proportionate and necessary.
Amendment 157 #
Proposal for a directive
Recital 10
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 suitTherefore transport services such as transit, international transport and linked cabotage are excluded forom these 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.
Amendment 175 #
Proposal for a directive
Recital 11
Recital 11
(11) In a competitive internal market, service providers compete not only on the basis of labour costs butand also onther factors such as productivity and efficiency, or the quality and innovation of their goods and services.
Amendment 182 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Respect for the diversity of national industrial relations systems as well as the autonomy of social partners is explicitly recognised by the TFEU.
Amendment 189 #
Proposal for a directive
Recital 12
Recital 12
(12) It is within Member States' competence to set rules on remunerationpay in accordance with their law and practice. However, national rules on remuneration applied to posted workers must be proportionate and justified by the need to protect posted workers and must not disproportionately resrestrict the cross- border provision of services. The national measures must not be liable for hindering or making less attriactive the cross-border provision of services. exercise of fundamental freedoms guaranteed by the Treaty and be applied in a non- discriminatory manner, they must be justified by imperative requirements in the general interest, and suitable for securing the attainment of the objective which they pursue and they must not go beyond what is necessary in order to attain it. Or. en (GEBHARD ν CONSIGLIO DELL'ORDINE DEGLI AVVOCATI E PROCURATORI DI MILANO para 39)
Amendment 192 #
Proposal for a directive
Recital 12
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 and must not disproportionately restrict the cross-border provision of services. The European Union must exercise strict oversight to forestall any disproportionate use of these restrictions by certain Member States.
Amendment 200 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
Amendment 223 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) All measures introduced by this Directive should be justified and proportionate so as not to create administrative burdens or to limit the potential that undertakings, in particular small and medium-sized enterprises (SMEs), have to create new jobs, while protecting posted workers.
Amendment 250 #
Proposal for a directive
Recital 15
Recital 15
(15) Directive 2008/104/EC of the European Parliament and of the Council on temporary agency work gives expression to the principle that the basic working and employment conditions applicable to temporary agency workers should be at least those which would apply to such workers if they were recruited by the user undertaking to occupy the same job. This principle should also apply to temporary agency workers posted to another Member Stateregulates employment conditions applicable to temporary agency workers.
Amendment 376 #
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 c
Article 3 – paragraph 1 – indent 2 – point c
(c) minimum rules on remuneration, including overtime rates; this point does not apply to supplementary occupational retirement pension schemes;
Amendment 410 #
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
Article 3 – paragraph 1 – subparagraph 2
For the purpose of this Directive, remuneration means all the elementminimum rules ofn 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.
Amendment 456 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 96/71/EC
Article 3 – paragraph 1 a
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. The European Union shall exercise strict oversight to forestall any disproportionate use of these restrictions by certain Member States.
Amendment 504 #
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 1
Article 4 – paragraph 2 – subparagraph 1
(2a) Article 4(2) is amended as follows: Member States shall make provision for cooperation between the public authorities which, in accordance with national legislation, are responsible for monitoring the terms and conditions of employment referred to in Article 3. Such cooperation shall in particular consist in replying to reasoned requests from those authorities for information on the transnational hiring- out of workers, including manifest abuses or possible cases of unlawful transnational activities. That cooperation may be carried out through the European Platform created to enhance cooperation in tackling undeclared work, since cross- border aspects form part of its remit.
Amendment 506 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Directive 96/71/CE
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2