11 Amendments of Martin KASTLER related to 2010/0209(COD)
Amendment 69 #
Proposal for a directive
Article 1 – point a
Article 1 – point a
(a) the conditions of entry to and residence for more than three months in the territory of the Member States of third-country nationals and of their family members in the framework of an intra- corporate transfer;
Amendment 71 #
Proposal for a directive
Article 1 – point b
Article 1 – point b
(b) the conditions of entry to and residence for more than three months of third- country nationals, referred to in point (a), in Member States other than the Member State which first grants the third- country national a residence permit on the basis of this Directive.
Amendment 91 #
Proposal for a directive
Article 3 – point e
Article 3 – point e
(e) ‘manager’ means any person working in a senior position, who principally directs the management of the host entity, receivingreceives general supervision or direction principally from the board of directors or stockholders of the business or equivalent; this position includes: directing the host entity or a department or sub-division of the host entity, supervising and controlling the work of other supervisory, professional or managerial employees, having the authority personally to hire and dismiss or recommend hiring, dismissing or other personnel actions;
Amendment 116 #
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 1 a (new)
Article 4 – paragraph 2 – subparagraph 1 a (new)
Individual sectors may be excluded from the scope of this Directive where the social partners in the sector concerned agree to make a corresponding request in an official social dialogue procedure.
Amendment 131 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Member States shall require that all conditions in the law, regulations or administrative provisions and/or universally applicable collective agreements applicable to posted workers in a similar situation in the relevant occupational branches are met with regard to the remuneration granted during the transfer. Particular attention shall be paid to consistency with Directive 96/71/EC.
Amendment 151 #
Proposal for a directive
Article 14 – introductory part
Article 14 – introductory part
Whatever the law applicable to the employment relationship, intra-corporate transferees shall be entitledsubject to:
Amendment 157 #
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 to which they have been admitted pursuant to this Directive.
Amendment 159 #
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 to which they have been admitted pursuant to this Directive, paying particular attention to Directive 96/71/EC.
Amendment 165 #
Proposal for a directive
Article 14 – point 2 – introductory part
Article 14 – point 2 – introductory part
equal treatment with nationals of the host Member State including, but not exclusively, as regards:
Amendment 189 #
Proposal for a directive
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2a. Article 16(1) and (2) shall not apply in the case of sectors which predominantly do not operate on a stationary basis, including related economic activities under NACE codes. The social partners shall apply for and regulate exemptions within the framework of the social dialogue.
Amendment 190 #
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. The maximum duration of the transfer to the European Union shall not exceed three years for managers and specialists and one year for graduate trainees. In the case of managers only, the duration of the transfer may be extended by a maximum of one year.