12 Amendments of Thomas MANN related to 2010/0209(COD)
Amendment 35 #
Proposal for a directive
Recital 8
Recital 8
(8) This Directive should be applied without prejudice to the principle of Union preference as regards access to Member States’ labour market as expressed in the relevant provisions of Acts of Accession. According to that principle, the Member States should, during any period when national measures or those resulting from bilateral agreements are applied, give preference to workers who are nationals of the Member States over workers who are nationals of third-countries as regards access to their labour market. In the process, there must be mandatory compliance, in respect of both citizens of the Union and third-country nationals, with national minimum pay levels and minimum standards of the state of employment (place-of-employment principle).
Amendment 48 #
Proposal for a directive
Recital 11
Recital 11
(11) Intra-corporate transferees shouldThe provisions of the Posted Workers Directive (96/71/EC) shall apply in full to intra-corporate transferees. Intra- corporate transferees from third countries must benefit from the same working conditions as posted workers whose employer is established on the territory of the European Union, as defined by Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services. That requirement is intended to protects workers and guarantees fair competition between undertakings established in a Member State and those established in a third country, as it ensures that the latter will not be able to benefit from lower labour standards to take any competitive advantage. In particular, the minimum- pay provisions and minimum conditions of the host Member State of employment must apply in all instances to intra- corporate transferees from third countries (place-of-employment principle). The minimum terms and conditions under Article 3 of the Posted Workers Directive are binding on all undertakings and intra- corporate transferees regardless of where undertakings’ head offices are located or transferees are resident.
Amendment 55 #
Proposal for a directive
Recital 15
Recital 15
(15) Unless this condition conflicts with the principle of Union preference as expressed in the relevant provisions of the Acts of Accession, no labour market test should be required, since this criterion would be in contradiction with the purpose of setting up a transparent and simplified scheme for admission of intra-corporate transferees. The sole exceptions are construction and craft trades, including related economic activities under NACE codes F, N81.21 and N81.22. For them, Member States may carry out labour market tests.
Amendment 62 #
Proposal for a directive
Recital 23
Recital 23
(23) Equal treatment should be granted under national law in respect of those branches of social security defined in Article 3(1)(a) to (i) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems. Since this Directive is without prejudice to provisions included in bilateral agreements, the social security rights enjoyed by third country national intra-corporate transferees on the basis of a bilateral agreement concluded between the Member State to which the person has been admitted and his or her country of origin could be strengthened compared to the social security rights which would be granted to the transferee under national law. This Directive should not confer more rights than those already provided for in existing Union legislation in the field of social security for third-country nationals who have cross-border interests between Member States.
Amendment 74 #
Proposal for a directive
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
(c) third-country nationals carrying out activities on behalf of undertakings established in another Member State in the framework of a provision of services within the meaning of Article 56 of the Treaty on the Functioning of the European Union, including those posted by undertakings established in a Member State in the framework of a provision of services in accordance with Directive 96/71/EC. However, the Posted Workers Directive (96/71/EC) shall apply in full to posted third-country nationals carrying out construction and craft trade activities, including related economic activities under NACE codes F, N81.21 and N81.22. This Directive shall not apply to those NACE sectors.
Amendment 84 #
Proposal for a directive
Article 3 – point b
Article 3 – point b
(b) ‘intra-corporate transfer’ means the temporary secondment of a third-country national from an undertaking established outside the territory of a Member State and to which the third-country national is bound by a work contract, to an entity belonging to the undertaking or to the same group of undertakings which is established inside this territory; the transfer shall not be permanent;
Amendment 102 #
Proposal for a directive
Article 3 – point f
Article 3 – point f
(f) ‘specialist’ means any person possessing uncommon knowledge essential and specific to the host entity, taking account not only of knowledge specific to the host entity, but also of whether the person has a high level ofer education qualification referring to a type of work or trade requiring specific technical knowledge; for a specialist, a higher education qualification means any degree, diploma or other certificate issued by a competent authority. The higher education qualification shall have been obtained upon completion of a higher education programme of at least three years’ duration at an officially recognised higher education institution. In addition to a higher education qualification, at least five years’ relevant professional experience at a level comparable to a higher education qualification shall be required. A specialist shall establish that, for the duration of the transfer, his/her earnings are at least equal to the usual average gross earnings in the relevant sector in the country of assignment. Should he/she be transferred on to another country of assignment, this shall be established in respect of that country too. Average gross earnings for the year preceding the transfer, as recorded by the competent national authorities, shall be the basis for this. Should that not yet be known, the relevant earnings for the year preceding that year may be used as the basis.
Amendment 109 #
Proposal for a directive
Article 3 – point g
Article 3 – point g
(g) ‘graduate trainee’ means any person with a higher education qualification who is transferred to broaden his/her knowledge of and experience in a company in preparation for a managerial position within the company; graduate trainees are not employees for whom social security contributions are compulsory. Member States shall ensure that employers do not make improper use of trainees to perform duties carried out by ordinary staff;
Amendment 126 #
Proposal for a directive
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) provide evidence that he or she has the professional qualifications needed in the Member State to which he or she has been admitted for the position of manager or specialist or, for graduate trainees, thehigher education qualifications needed for a type of work or trade requiring specific technical knowledge in the position of manager or specialist. For a specialist, a higher education qualification means any degree, diploma or other certificate issued by a competent authority. The higher education qualification shall have been obtained upon completion of a higher education programme of at least three years’ duration at an officially recognised higher education institution. In addition to a higher education qualification, at least five years’ relevant professional experience at a level comparable to a higher education qualification shall be required. A specialist shall establish that, for the duration of the transfer, his/her earnings are at least equal to the usual average gross earnings in the relevant sector in the country of assignment. Should he/she be transferred on to another country of assignment, this shall be established in respect of that country too. Average gross earnings for the year preceding the transfer, as recorded by the competent national authorities, shall be the basis for this. Should that not yet be known, the relevant earnings for the year preceding that year may be used as the basis. A graduate trainee shall provide evidence that he or she has a higher education qualifications required;
Amendment 158 #
Proposal for a directive
Article 14 – point 1 – subparagraph 1
Article 14 – point 1 – subparagraph 1
the terms and conditions of employment applicable to posted workers in a similar situation, as laid down by law, regulation or administrative provision and/or universally applicable collective agreements in the Member State toin which they have been admitted pursuant to this Directiveare currently working (place-of- employment principle).
Amendment 172 #
Proposal for a directive
Article 14 – point 2 – point c
Article 14 – point 2 – point c
(c) without prejudice to existing bilateral agreements, provisions in national law regarding the branches of social security defined in Article 3(1), points (a) to (i) of Regulation (EC) No 883/04. Family benefits shall be excluded from equal treatment, since the aim of the Member States must be primarily to support families who are residing in the EU in the long term. In the event of mobility between Member States and without prejudice to existing bilateral agreements, Council Regulation (EC) No 859/2003 shall apply accordingly;
Amendment 183 #
Proposal for a directive
Article 14 – paragraph 2 – point e a (new)
Article 14 – paragraph 2 – point e a (new)
(ea) study, training and further training grants shall be excluded from equal treatment.