Activities of Martin KASTLER related to 2012/0061(COD)
Plenary speeches (1)
Posting of workers in the framework of the provision of services (debate)
Amendments (26)
Amendment 110 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) Rigorous, regular and flexible monitoring procedures in the Member States are essential and must be guaranteed throughout Europe by the national authorities.
Amendment 130 #
Proposal for a directive
Recital 14
Recital 14
(14) Member States obligations to make information on terms and conditions of employment generally available free of charge and to provide effective access to it, not only to service providers from other Member States, but also to the posted workers concerned, should be further concretised.
Amendment 132 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) Posted workers are entitled to information and advice concerning the applicable terms and conditions of employment. It is the responsibility of the Member States to provide suitable information centres which may be consulted by posted workers free of charge.
Amendment 142 #
Proposal for a directive
Recital 16
Recital 16
(16) In order to ensure the correct application of, and to monitor compliance with, the substantive rules on the terms and conditions of employment to be respected with regard to posted workers, Member States should apply only certain control measures or administrative formalities to undertakings posting workers for the provision of services. Such measures and requirements may only be imposed provided that the competent authorities cannot carry out their supervisory task effectively without the requested information and the necessary information cannot be obtained easily from the employer of posted workers or the authorities in the Member State of establishment of the service provider within a reasonable delay and/or less restrictive measures would not ensure that the objectives of the national controls measures deemed necessary are attained all control measures or administrative formalities judged to be effective and necessary for this purpose.
Amendment 238 #
Proposal for a directive
Article 1 a (new)
Article 1 a (new)
Article 1 a Where provisions of this enforcement directive are more specific or go beyond the principles established by Directive 96/71/EC, the provisions of Directive 96/71/EC do not prevail.
Amendment 244 #
Proposal for a directive
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(ca)´posted´ worker means a worker who, for a limited period of time, carries out his work in the territory of a Member State other than the State in which he normally lives and usually works for his employer in the context of service provision;
Amendment 248 #
Proposal for a directive
Article 3 – title
Article 3 – title
Amendment 263 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – introductory part
Article 3 – paragraph 1 – subparagraph 1 – introductory part
1. For the purpose of implementing, applying and enforcing Directive 96/71/EC the competent authorities shall take into account factual elements characterising the activities carried out by an undertaking in the State in which it is established in order to determine whether it genuinely performs substantial activities, other than purely internal management and/or administrative activities. Such elements mayshall include at least:
Amendment 401 #
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Article 3a If posting is precluded as a result of non- compliance with the criteria set out in Article 3(1) or 3(2), the provisions of all relevant laws and collective agreements in the host country shall apply regarding terms and conditions of employment.
Amendment 420 #
Proposal for a directive
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) indicate clearly, in a detailed and user friendly manner and accessible format on national websites, and where appropriate using other suitable means of communication, which terms and conditions of employment and/or which parts of their (national and/or regional) legislation have to be applied to workers posted to their territory;
Amendment 433 #
Proposal for a directive
Article 5 – paragraph 2 – point c
Article 5 – paragraph 2 – point c
(c) make the information available to workers and service providers in English and other most relevant languages other than the national language(s) of the country in which the services are provided, if possible in summarised leaflet form indicating the main labour conditions applicable and upon requests in formats accessible to persons with disabilities; and indicates the complaints authority to which the posted worker can refer in case of non-compliance;
Amendment 441 #
Proposal for a directive
Article 5 – paragraph 2 – point e
Article 5 – paragraph 2 – point e
(e) indicate, if possible, a contact person at the liaison office in charge of dealing with requests for information; and makes sure that all necessary information is made available for the posting company and posted workers;
Amendment 460 #
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5a Access to information and advice for employees and businesses 1. Posted workers and posting businesses shall have an independent right to receive from the host Member State information and advice about the working conditions and terms of employment applicable, which must be provided in the EU official language of the worker’s choice. 2. Member States – in cooperation with the EURES network or other neutral specialised organisations – shall make bodies and agencies available to which workers and businesses affected can apply for information and advice and for support in securing respect for their rights. This shall apply both to host countries and to posting countries. The Commission shall support the Member States by establishing a network to link advisory agencies, and by providing information to them, throughout Europe.
Amendment 468 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The cooperation of the Member States shall in particular consist in replying without delay to reasoned requests for information and to carry out checks, inspections and investigations from competent authorities with respect to the situations of posting referred to in Article 1 (3) of Directive 96/71/EC, including investigation of any abuses of applicable rules on the posting of workers or possible cases of unlawful transnational activities.
Amendment 493 #
Proposal for a directive
Article 6 – paragraph 9
Article 6 – paragraph 9
9. The Commission and the competent authorities shall cooperate closely in order to examine any difficulties which might arise regarding the application of Article 3(10)implementation of Directive 96/71/EC.
Amendment 514 #
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Article 7a During the period of posting a worker to another Member State the inspection of the working conditions is the responsibility of the authorities of the host Member State. The host State can control on its own initiative and is not bound to any results or controls carried out by the authorities of the Member State of establishment.
Amendment 517 #
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. The competent authorities in the host Member State shall gather the data referred to in Article 9(1) and analyse them. The competent authorities of the Member State of establishment shall gather the relevant data with regard to the criteria referred to in Article 3(1) and with regard to the payment of social insurance contributions and taxes by the service- provider. Member States shall be required to report regularly to the Commission. The Commission shall summarise the reports in an appropriate form and publish them regularly.
Amendment 534 #
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Member States may only impose the followingIn order to improve compliance with Articles 3 and 5 of Directive 96/71/EC, Member States should introduce administrative requirements and control measures, such as:
Amendment 547 #
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) an obligation for a service provider established in another Member State to make a simple declaration to the responsible national competent authorities in the language of the host Member State at the latest at the commencement of the service provision, whereby the declaration may onlyust cover the identity of the service provider, the presence of one or more clearly identifiable posted workers, their anticipated number, the anticipated duration and location of their presence, and the services justifying the posting;identity of the posted worker, the place in the host Member State in which the documents referred to in (b) are kept, the name, forename and address in the host Member State of the person authorised to accept service and the sector to which the worker is to be posted; the employer shall be required to inform the competent authorities immediately of any change in this information.
Amendment 558 #
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) an obligation to keep or make available and/or retain copies in paper or electronic form of the employment contract (or an equivalent document within the meaning of Directive 91/533, including, where appropriate or relevant, the additional information referred to in Article 4 of that Directive), payslips, time-sheets and proof of payment of wagescontaining the necessary terms of employment), payslips, time-sheets and proof of payment of wages, the A1 certificate by way of evidence of social insurance in the posting state or copies of equivalent documents during the period of posting in an accessible and clearly identified place in its territory, such as for example the workplace or the building site, or for mobile workers in the transport sector the operations base or the vehicle with which the service is provided;
Amendment 573 #
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) a translation of the documents referred to under (b), may be justified provided these documents are not excessively into an official loang and standardised forms are generally used for such documentsuage of the Member State;
Amendment 579 #
Proposal for a directive
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
Amendment 620 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that appropriateffective checks and monitoring mechanisms are put in place and that effective and adequate inspections are carried out on their territory in order to control and monitor compliance with the provisions and rules laid down in Directive 96/71/EC and to guarantee its proper application and enforcement. Such inspections shall be based primarily on a risk assessment to be drawn up regularly by the competent authorities. The risk assessment shall identify the sectors of activity in which the employment of workers posted for the provision of services is concentrated on their territory. When making such risk assessment the realisation of big infrastructural projects, the special problems and needs of specific sectors, the past record of infringement, as well as the vulnerability of certain groups of workers shall be taken into accouthe enforcement directive and to guarantee its proper application and enforcement.
Amendment 642 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Member States shall ensure that inspections and controls of compliance with Directive 96/71/EC are not discriminatory and/or disproportionate.
Amendment 648 #
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. If information is needed in the course of the inspections and in the light of the criteria in Article 3, the Member State where the service is provided and the Member State of establishment shall act in accordance with the rules on administrative cooperation, i.e. the competent authorities shall cooperate pursuant to the rules and principles laid down in Articles 6 and 7 of the enforcement directive.
Amendment 655 #
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
4. In Member States where, in accordance with national law and practice, the setting of the terms and conditions of employment of posted workers referred to in Article 3 of Directive 96/71/ECthe enforcement directive, and in particular the minimum rates of pay, including working time, is left to management and labour they may, at the appropriate level and subject to the conditions laid down by the Member States, also the monitor the application of the relevant terms and conditions of employment of posted workers, provided that an adequate level of protection equivalent to that resulting from Directive 96/71/EC and this Directive is guaranteed.