7 Amendments of Anna HEDH related to 2016/0070(COD)
Amendment 88 #
Proposal for a directive
Recital 11
Recital 11
(11) In a competitive internal market, service providers compete not only on the basis of a labour costs but also on factors such as productivity and, efficiency, or as well as the quality and innovation of their goods and services.
Amendment 99 #
Proposal for a directive
Recital 12
Recital 12
(12) It is within Member States' exclusive 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 servnational law and practices.
Amendment 118 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) This Directive establishes a protective framework for posted workers, which is non-discriminatory, transparent and proportionate while respecting the diversity of national industrial relations. It does not prevent application of terms and conditions of employment which are more favourable to posted workers.
Amendment 128 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14 a) With a view to tackling abuses in subcontracting situations and in order to protect posted workers' rights, Member States should ensure, in accordance with national law and practices that posted workers receive all entitlements.
Amendment 192 #
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 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 remuneration shall be determined 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 223 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c a (new)
Article 1 – paragraph 1 – point 2 – point c a (new)
Directive 96/71/EC
Article 3 – paragraph 7 a (new)
Article 3 – paragraph 7 a (new)
(ca) The following paragraph is added: "7a. This Directive shall not affect the exercise of fundamental rights as recognised in Member States and at Union level, including the right or freedom to strike or to take other action covered by the specific industrial relations systems in Member States in accordance with national law and practice. This Directive shall not affect the right to negotiate, conclude and enforce collective agreements and to take collective action in accordance with national law and practice."
Amendment 231 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point e
Article 1 – paragraph 1 – point 2 – point e
Directive 96/71/EG
Article 3 – paragraph 10
Article 3 – paragraph 10
(e) The second subparagraph of paragraph 10 is deleted. “Paragraph 10 is amended as follows: "10. This Directive shall not preclude the application by Member States, in complior, in accordance with the Treatypractice in the Member State, by management and labour, to national undertakings and to the undertakings of other States, on a basis of equality of treatment, of: - terms and conditions of employment on matters other than those referred to in the first subparagraph of paragraph 1 in the case of social and public policy provisions, - terms and conditions of employment laid down in the collective agreeincluding provisions which are appropriate to the attainments or arbitration awards within the meaning of paragraph 8 and concerning activities other than those referred to in the Annex.” (http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31996L0071:en:HTML)f the protection of workers, equal treatment, the prevention of social dumping, fair competition or the proper functioning of the labour market." Or. en