Activities of Ole CHRISTENSEN related to 2013/0124(COD)
Plenary speeches (1)
Freedom of movement for workers (debate)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers PDF (358 KB) DOC (515 KB)
Amendments (20)
Amendment 31 #
Proposal for a directive
Recital 3
Recital 3
(3) The free movement of workers gives every citizen the right to move freely to another Member State to work and reside there for that purpose. It protects them against discrimination on the grounds of nationality, including cross-border workers, in accordance with Union legislation, without discrimination based on residence, as regards employment, remuneration and other working conditions by ensuring their equal treatment in comparison to nationals of that Member State. Equal treatment of workers must be respected at all times in accordance with the rules in force in the Member State concerned, regardless of whether the rules are laid down in national law or collective agreements. The free movement of workers may never be exploited with a view to unequal treatment. It needs to be distinguished from the freedom to provide services, which includes the right of undertakings to provide services in another Member State, for which they may send (‘post’) their own workers to another Member State temporarily to carry out the work necessary to provide these services there.
Amendment 42 #
Proposal for a directive
Recital 6
Recital 6
(6) In July 2010, in its Communication on ' Reaffirming the free movement of workers: rights and major developments‘ the Commission pointed out that it will explore ways of tackling the new needs and challenges (in particular in the light of new patterns of mobility) facing EU migrant and mobile workers and their family members, and in the context of the new strategy for the single market will consider how to promote and enhance mechanisms for the effective implementation of the principle of equal treatment for EU workers and members of their families exercising their right to free movement.
Amendment 50 #
Proposal for a directive
Recital 9
Recital 9
(9) Adequate and effective application and enforcement are key elements in protecting the rights of workers, whereas poor enforcement and ensuring equality of treatment, whereas poor enforcement of Article 45 of the Treaty and Regulation (EU) No 492/2011 undermines the effectiveness of the Union rules applicable in this area.
Amendment 53 #
Proposal for a directive
Recital 11
Recital 11
(11) The application and monitoring of the Union rules on free movement should be improved to ensure workers are better informed about their rights, to assist and to protect them in the exercise of those rights, and to combat circumvention of these rules by public authorities and public or private employers. In this connection Member States should also focus on the side effects of increased mobility such as brain drain and youth drain.
Amendment 57 #
Proposal for a directive
Recital 12
Recital 12
(12) In order to ensure the correct application of, and to monitor compliance with, the substantive rules concerning workers' rights to free movement and equality of treatment for work purposes, Member States should take the appropriate measures to protect them against both discrimination on grounds of nationality and any unjustified obstacle to the exercise of that right, including instances of double taxation.
Amendment 65 #
Proposal for a directive
Recital 15
Recital 15
(15) To provide more effective levels of protection trade unions, associations and, organisations or other legal entities should also be empowered to engage, as the Member States determine, on behalf of or in support of any victim in proceedings, without prejudice to national rules of procedure concerning representation and defensce before the courts.
Amendment 72 #
Proposal for a directive
Recital 19
Recital 19
(19) Member States should ensure the promotion of synergies with existing information and support tools at the Union level and to this end they should ensure that existing or newly created bodies are aware, make use of and co-operate with the existing information and assistance services, such as Your Europe, SOLVIT, EURES, Enterprise Europe Network and the Points of Single Contact. Member states shall also ensure that existing or newly created bodies are aware, make use of and co-operate with existing information and assistance services provided by the trade unions, associations, organisations or other legal entities.
Amendment 75 #
Proposal for a directive
Recital 20
Recital 20
(20) Member States should promote dialogue between social partners and with non-governmental organisations and between social partners to address and combat differentall forms of discrimination on the grounds of nationality.
Amendment 84 #
Proposal for a directive
Recital 21
Recital 21
(21) Member States should make information about employment terms and conditions more widely available to workers from other Member States, to employers, trade unions and to other interested parties.
Amendment 89 #
Proposal for a directive
Recital 22
Recital 22
(22) Member States should establish how employers, trade unions, workers and other peopleinterested parties can be provided with easily accessible, relevant information on the provisions of this Directive and the relevant provisions of Regulation (EU) No 492/2011. This information should also be easily accessible through Your Europe and EURES.
Amendment 93 #
Proposal for a directive
Recital 23
Recital 23
(23) This Directive lays down minimum requirements, thus giving the Member States the option of introducing or maintaining more favourable provisions. Member States also have the possibility to extend the competencies of the organisations entrusted with tasks related to the protection of Union migrant and mobile workers against discrimination on grounds of nationality so as to cover the right to equal treatment without discrimination on grounds of nationality of all Union citizens and their family members exercising their right to free movement, as enshrined in Article 21 TFEU and Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States . The implementation of the present Directive should not serve to justify any regression in relation to the situation which already prevails in each Member State.
Amendment 100 #
Proposal for a directive
Recital 27 a (new)
Recital 27 a (new)
(27a) The provisions of the Directive shall respect the different labour market models of the member states, including labour market models regulated by collective agreements;
Amendment 101 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down provisions facilitating uniform application and enforcement in practice of rights conferred by Article 45 of the Treaty on the Functioning of the European Union (TFEU) and by provisions of Articles 1 to 10 of Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union, including cross- border workers, in accordance with Union legislation, without discrimination based on residence.
Amendment 104 #
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) conditions of employment and work, in particular as regards remuneration and, dismissal and health and safety at work;
Amendment 124 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall ensure that judicial and/or administrative procedures, including where they deem it appropriate, conciliation procedures, for the enforcement of the obligations under Article 45 of the Treaty and Articles 1 to 10 of Regulation (EU) No 492/2011, are available to all workers and members of their families who consider they have suffered or are suffering from unjustified restrictions, including instances of double taxation, to their right to free movement or consider themselves wronged by failure to apply the principle of equal treatment to them, even after the relationship in which the discrimination is alleged to have occurred has ended.
Amendment 139 #
Proposal for a directive
Article 4 – title
Article 4 – title
Action of trade unions, associations, organisations or other legal entities
Amendment 141 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that trade unions, associations, organisations or other legal entities, which have, in accordance with the criteria laid down by their national law, collective agreements or national practices, a legitimate interest in ensuring that the provisions of this Directive are complied with, may engage, either on behalf of a collective interest or on behalf of or in support of the worker and members of his/her family, with his/her approval, in any judicial and/or administrative procedure provided for the enforcement of rights under Article 45 of the Treaty and Articles 1 to 10 of Regulation (EU) No 492/2011.
Amendment 151 #
Proposal for a directive
Article 5 – paragraph 2 – introductory part
Article 5 – paragraph 2 – introductory part
2. Member States shall ensure that the competences of these bodies includeare without prejudice to national tasks, practices or competences already carried out by the social partners:
Amendment 159 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall ensure that existing or newly created bodies are aware, make use of and co-operate with the existing information and assistance services at Union level, such as Your Europe, SOLVIT, EURES, Enterprise Europe Network and the Points of Single Contact. Member States shall also ensure that existing or newly created bodies are aware, make use of and co-operate with existing information and assistance services provided by the trade unions, associations, organisations or other legal entities.
Amendment 168 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Member States shall encourage dialogue with the social partners and appropriate non-governmental organisations and the social partners which have, in accordance with their national law and practice, a legitimate interest in contributing to the fight against discrimination on grounds of nationality with a view to promoting the principle of equal treatment.