14 Amendments of Sławomir KŁOSOWSKI related to 2016/0070(COD)
Amendment 132 #
Proposal for a directive
Recital 8 a (new)
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.
Amendment 133 #
Proposal for a directive
Recital 8 b (new)
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.
Amendment 134 #
Proposal for a directive
Recital 8 c (new)
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.
Amendment 155 #
Proposal for a directive
Recital 10
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.
Amendment 229 #
Proposal for a directive
Recital 14
Recital 14
Amendment 260 #
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 96/71/EC
Article 1 – paragraph 2 a (new)
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.
Amendment 263 #
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 96/71/EC
Article 1 – paragraph 2 b (new)
Article 1 – paragraph 2 b (new)
(–1) In Article 1, the following paragraph 2b is added: 2b. 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 one month reference period.
Amendment 279 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a
Article 2a
Amendment 366 #
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 – pragraph 1 – indent 2 – point c
Article 3 – pragraph 1 – indent 2 – point c
(c) remuneration, including overtime ratesminimum 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;
Amendment 400 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
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 praction awards within the meaning of paragraph 8 second subparagraph, ince of the Member State to whose territory the worker is posted.
Amendment 428 #
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 3
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 remunerminimum rates of pay, their geographic and personal scope and the method of calculation in accordance with point (c).
Amendment 438 #
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 3 a (new)
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.
Amendment 452 #
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 – pragraph 1 a
Article 3 – pragraph 1 a
Amendment 469 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b a (new)
Article 1 – paragraph 1 – point 2 – point b a (new)
Directive 96/71/EC
Article 3 – paragraph 1 a b (new)
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.