13 Amendments of Daniel DALTON related to 2016/0070(COD)
Amendment 12 #
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), 56 and 62 thereof,
Amendment 17 #
Proposal for a directive
Citation 3
Citation 3
After transmission of the draft legislative act to the national parliaments, and the subsequent 11 reasoned opinions by the national parliaments,
Amendment 26 #
Proposal for a directive
Recital 2
Recital 2
(2) The freedom to provide services includes the right of undertakings to provide services in another Member State, to which they may and the right to post their own workers temporarily in order to provide those services there. The Treaty also provides that restrictions on the freedom to provide services are prohibited.
Amendment 46 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Article 3 and 8 of Rome I Regulation specifies that an individual employment contract shall be governed by the law chosen by that of the parties concerned. Such a choice may not deprive the employee of the protection of the mandatory rules of the law of the country but for the choice of the parties, would have applied.
Amendment 48 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6 a) The freedom of employers and workers to choose the applicable law should be one of the cornerstones of both the free movement of workers and the freedom to provide services.
Amendment 51 #
Proposal for a directive
Recital 7
Recital 7
(7) The Rome I Regulation further provides that the country where the work is habitually carried out shall not be deemed to have changed if he is temporarily employed in another country.
Amendment 65 #
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 24 months, the host Member State is deemed to be the country in which the work is carried out, unless a derogation has been obtained by the employer from the national social security administration in accordance with Regulation 883/2004/EC. 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 91 #
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 the quality and innovation of their goods and services and according to the highly variable costs of providing services in another member state.
Amendment 123 #
Proposal for a directive
Recital 14
Recital 14
(14) LMember States have the freedom to establish on their territory appropriate measures applicable to service providers including service providers from another Member State in order to ensure compliance with the applicable rules concerning posting in the case of subcontracting chains. In the case of the construction sector Member States are already obliged, by the Directive 2014/67/EU, to introduce appropriate liability measures in order to ensure fair competition and workers rights. Therefore, laws, regulations, administrative provisions or collective agreements universally 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 remuneration. Where such rules on remuneration 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 160 #
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. Where an employer has obtained from its national social security administration a derogation to the 24 months within the meaning of Article 16 of Regulation 883/2004/EC, the duration mentioned in paragraph 1 shall be that of the derogation.
Amendment 168 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
2. For the purpose of paragraph 1, in case of replacement of posted workers performundertaking the same taskactivities at the same place of work, the cumulative duration of the posting periods of the workers concerned shall be taken into account, with regard to workers that are posted for an effective duration of at least six months.
Amendment 190 #
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
Amendment 207 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 96/71/EC
Article 3 – paragraph 1a
Article 3 – paragraph 1a