9 Amendments of Gabriele ZIMMER related to 2016/0070(COD)
Amendment 144 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) The race to the bottom only on prices would undermine and destroy the systems of collective bargaining.
Amendment 165 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) As posting of workers is transnational and cross-border by nature, the Member States shall establish a European system of labour inspectorates and labour inspections. At least the exchange of information on posting companies and posted workers shall be established and fraud and misuse listed.
Amendment 176 #
Proposal for a directive
Recital 11
Recital 11
(11) In a competitiven internal market, service providers compete not only on the basis of a labour costs but also on factors such as productivity and efficiency, or the quality and innovation of their goods and services but should not compete on the basis of labour costs.
Amendment 266 #
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
(–1) in Article 1, paragraph 3, point (c) is replaced by the following: (c) being a temporary employment undertaking or placement agency, hire out a worker oto a user undertaking established or operating in the territory of a Member State, provided that: – there is an employment relationship between the temporary employment undertaking or placement agency and the worker during the period of posting; and – the worker temporarily carries out a task in a Member State other than the one in which he or she usually works, in accordance with Article 4(3) of Directive 2014/67/EC.
Amendment 306 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 1 a (new)
Article 2a – paragraph 1 a (new)
1a. In case of prima facie evidence, which justifies doubts about a genuine self-employed worker, the concerned worker shall be deemed a posted worker. In case of prima facie evidence, which justifies doubts about a genuine posted worker or a genuine posting company, the concerned worker shall be deemed a worker of the host member state.
Amendment 465 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b a (new)
Article 1 – paragraph 1 – point 2 – point b a (new)
Directive 96/71/EC
Article 3 – paragraph 1a a (new)
Article 3 – paragraph 1a a (new)
(ba) The following paragraph is added: 1aa. The principle of joint and several liability of the employer is applicable along the whole subcontracting chain.
Amendment 480 #
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 7a is added: 7a. In case the employer deduces costs related to posting, such as housing, board and transport costs from the remuneration of the posted worker, the posted worker has the right to claim these costs from the employer at the appropriate court. The same right exists for a worker who is deemed a posted worker or is deemed a worker of the host member state
Amendment 488 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Directive 96/71/EC
Article 3 – paragraph 9 – subparagraph 1 a (new)
Article 3 – paragraph 9 – subparagraph 1 a (new)
(d) PIn paragraph 9 is deleted, the following subparagraph is added: Where the conditions listed in Article 1(3) (c) are not fulfilled, Article 2 a a new shall apply.
Amendment 509 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 96/71/EC
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
(2a) in article 4, after paragraph 2 the following paragraph is added: 2a. The Member States' labour inspectorates shall establish a regular exchange of information about posting coordinated by the Platform for Undeclared Work.