16 Amendments of Daciana Octavia SÂRBU related to 2016/0070(COD)
Amendment 75 #
Proposal for a directive
Recital 4
Recital 4
(4) Almost twenty years after its adoption, it is necessary to assess whether important to ensure that the Posting of Workers Directive stillcontinues to strikes the right balance between the need to promote the freedom to provide services and the need to protect the rights of posted workers. The complete transposition of the Directive 2014/67/EU is essential to the protection of the rights of the posted workers.
Amendment 87 #
Proposal for a directive
Recital 5
Recital 5
Amendment 95 #
Proposal for a directive
Recital 6
Recital 6
(6) The Rome I Regulation generally permits employers and employees to choose the law applicable to the employment contract. However, the employee must not be deprived of the protection of the mandatory rules of the law of the country in which or, failing that, from which the employee habitually carries out his work. In the absence of choice, the contract is governed by the law of the country in which or, failing that, from which the employee habitually carries out his work in performance of the contract.
Amendment 117 #
Proposal for a directive
Recital 8
Recital 8
(8) In view of the long duration of certain posting assignmecase of posting assignments lasting for periods longer than 24 months, it is necessary to provide that, in case of posting lasting for periods higher than 24 months, the host Member State is deemed to be the country in whichthe host Member State becomes the country in which the work is carried out, with the possibility to extend this period based on a prior request submitted to the competent authority in the Member State whose legislation the person concerned wishes to apply to him/her, and based on an agreement between the twork is carried out Member States (host and sending). In accordance with the principle of Rome I Regulation, the law of the host Member Sates 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 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 Regulation.
Amendment 174 #
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 cost, productivity and efficiency, or the quality and innovation of their goods and services.
Amendment 197 #
Proposal for a directive
Recital 12
Recital 12
(12) It is within Member States' competence to set rules on remunerationates of pay in accordance with their law and practice. However, national rules on remunerationates of pay applied to posted workers must be justified by the need to protect posted workers and must not disproportionately restrict the cross-border provision of services by enabling unfair competition.
Amendment 207 #
Proposal for a directive
Recital 13
Recital 13
(13) The elements of remunerationates of pay under national law or universally applicable collective agreements should be clear and transparent to all service providers. It is therefore justified to impose on Member States the obligation to publish the constituent elements of remunerationand should therefore be mandatory for them to publish the constituent elements of rates of pay including all the bonuses and allowances in accordance with point (c), on the single website provided for by Article 5 of the Enforcement Directive.
Amendment 239 #
Proposal for a directive
Recital 14
Recital 14
(14) Laws, regulations, administrative provisions or collective agreements applicable in Member States may ensure that subcontracting does not confer on undertakings the possibility to avoid rules guaranteeing certain terms and conditions of employment covering remunerationates of pay. Where such rules on remunerationates of pay exist at national level, the Member State may apply them in a non-discriminatory manner to undertakings posting workers to its territory provided that they do not disproportionately restrict the cross-border provision of services.
Amendment 253 #
Proposal for a directive
Recital 16
Recital 16
(16) In accordance with the Joint Political Declaration of 28 September 2011 of Member States and the Commission on explanatory documents6, Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments. With regard to this Directive, the legislator considers the transmission of such documents to be justified, _________________ 6 OJ C 369, 17.12.2011, p. 14.
Amendment 290 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 1
Article 2a – paragraph 1
1. When the anticipated or the effective duration of posting exceeds twenty-four months, the Member State to whose territory a worker is posted shall be deemed to be the country in which his or her work is habitually carried out. When it can be foreseen (or becomes clear after the posting period has already commenced) that the activity will take more than 24 months, the employer or the person concerned can submit, without delay, a request to the competent authority in the Member State whose legislation will continue to be applied to the posted worker. Based on an agreement reached between the posting State and State/s of employment, the duration of the posting can be extended. The undertakings shall include in the request for extension of the posting, reasoned grounds justifying that the nature of the service provided still remains temporary after the lapse of the initial 24 months, as well as specify the time frame to which these reasoned grounds apply.
Amendment 363 #
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 1 – paragraph 1 – indent 2 – point b
Article 1 – paragraph 1 – indent 2 – point b
Amendment 369 #
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 – indent 2 – point c
Article 3 – paragraph 1 – indent 2 – point c
(c) remunerationates of pay, including overtime rates, minimum paid annual leave, bonuses for dirty, heavy or dangerous work, board and lodging allowances; this point does not apply to supplementary occupational retirement pension schemes;
Amendment 393 #
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 arbitates of pay are defined 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 426 #
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 1 – paragraph 1 – subparagraph 3
Article 1 – paragraph 1 – subparagraph 3
Member States shallmust publish without delay in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of remuneration in accordance with point (c)ates of pay, including all the bonuses and allowances in accordance with point (c), as established 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 arbitration awards within the meaning of paragraph 8 second subparagraph.
Amendment 466 #
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 1 a a (new)
Article 3 – paragraph 1 a a (new)
(ba) The following paragraph is added: 1aa. The contractor is required to timely provide the subcontractor, in written and in a clear, transparent and unambiguous manner, accurate and complete information on working conditions, rates of pay, including various allowances and bonuses, which he applies.
Amendment 472 #
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 1 b a (new)
Article 3 – paragraph 1 b a (new)
(ca) the following paragraph is added: 1ba. The undertakings must inform the temporary employment agency, in a clear, transparent and unambiguous manner, on the working conditions, rates of pay, including various allowances and bonuses, which they apply.