Activities of Lidia Joanna GERINGER DE OEDENBERG related to 2016/0070(COD)
Legal basis opinions (0)
Amendments (6)
Amendment 14 #
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1) and 62, Article 62, Article 151 and points (a) and (b) of Article 153(1) thereof,
Amendment 36 #
Proposal for a directive
Recital 8
Recital 8
(8) In view of the long duration of certain posting assignments, it is necessary to provide that, in case of posting lasting for periods higher than 246 months, the host Member State is deemed to be the country in which the work is carried out. In accordance with the principle of Rome I Regulation, the law ofapplicable terms and conditions of employment should be those established by the host Member States therefore applies to the employment contract of such posted workers if no other choice of law was made by the parties. In case a different choice was made, it cannot, however, have the result of depriving the employee of the protection afforded to him by provisions that, without prejudice to more favourable terms and conditions of employment afforded to the worker under provisions from which the parties cannot be derogated from by agreement under the law of the host Member State. This should apply from the start of the posting assignment whenever it is envisaged for more than 24 months and from the first day subsequent to the 24 months when it effectively exceeds this duration. This rule does not affect the right of undertakings posting workers to the territory of another Member State to invoke the freedom to provide services in circumstances also where the posting exceeds 24 months. The purpose is merely to create legal certainty in the application of the Rome I Regulation to a specific situation, without amending that Regulation in any way. The employee will in particular enjoy the protection and benefits pursuant to the Rome I Regulationnational law which would have applied otherwise. This rule does not affect the right of undertakings posting workers to the territory of another Member State to invoke the freedom to provide services.
Amendment 63 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) In the interests of transparency and in accordance with Directive 2014/67/EU1a of the European Parliament and of the Council, the continuity of the undertaking which posts the workers should be ensured in order to fight against the creation of letterbox companies. In addition, every employer should be able to demonstrate that a worker has an adequate length of service with the undertaking posting him or her. _________________ 1aDirective 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System ('the IMI Regulation') (OJ L 159, 28.5.2014, p. 11).
Amendment 95 #
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 1 - point g a (new)
Article 3 – paragraph 1 - subparagraph 1 - point g a (new)
(ga) allowances associated with the posting including reimbursement of expenditure actually incurred on account of the posting, such as expenditure on travel, board and lodging.
Amendment 98 #
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 120 #
Proposal for a directive
Article 2 – paragraph 1 – point 2 c
Article 2 – paragraph 1 – point 2 c
Directive 96/71/EC
Article 6 c (new)
Article 6 c (new)
(2c) The following Article 6c is inserted: ‘Article 6c Habitual place of work The Member State to which a worker is posted shall be deemed to be the country in which he or she periodically works, with social security arrangements subject to the legislation of the country of origin.’