15 Amendments of Sirpa PIETIKÄINEN related to 2012/0061(COD)
Amendment 145 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9 a) The relationship between this Directive and Directive 96/71/EC on the one hand and Directive 2008/104/EC on the other hand should be clarified so as to guarantee that temporary agency workers who are also posted workers benefit from the most advantageous terms and conditions of employment.
Amendment 201 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – introductory part
Article 3 – paragraph 1 – subparagraph 1 – introductory part
For the purpose of implementing, applying and enforcing Directive 96/71/EC the competent authorities shall take into account factual elements characterising the activities carried out by an undertaking in the State in which it is established in order to determine whether it genuinely performs substantial activities, other than purely internal management and/or administrative activities. Such elements mayshall include:
Amendment 214 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point e a (new)
Article 3 – paragraph 1 – subparagraph 1 – point e a (new)
(e a) The list of criteria is non-exhaustive. The Member States have the right to stipulate other binding elements that are not mentioned in the list.
Amendment 238 #
Proposal for a directive
Article 5 – paragraph 2 – point e
Article 5 – paragraph 2 – point e
(e) indicate, if possible, a contact person at the liaison office in charge of dealing with requests for information; a representative as defined in Article 9(d)
Amendment 264 #
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Member States may onlyshall impose the following administrative requirements and control measures:
Amendment 276 #
Proposal for a directive
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
(d) an obligation to designate a contact person to negotiatlegal representative which has to reside in the host Member State during the period of posting. The tasks of the legal representative shall cover judicial and administrative proceedings as well as negotiation, in accordance with national legislation and practice, if necessary, on behalf of the employer with the relevant social partners in the Member State to which the posting takes place, in accordance with national legislation and practice, during the period in which the services are provided.
Amendment 287 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Member States shall ensure that trade unions and other third parties, such as associations, organisations and other legal entities which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that the provisions of this Directive and Directive 96/71/EC are complied with, may engage, on behalf or in support of the posted workers or their employer, with their approval in any judicial or administrative proceedings provided for with the objective of implementing this Directive and/or enforcing the obligations under this Directive.
Amendment 301 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – introductory part
Article 12 – paragraph 1 – subparagraph 1 – introductory part
Amendment 304 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point a
Article 12 – paragraph 1 – subparagraph 1 – point a
Amendment 307 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point b
Article 12 – paragraph 1 – subparagraph 1 – point b
Amendment 310 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
Amendment 314 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 318 #
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
Amendment 322 #
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 600 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Measures aiming at combating grey economy, such as an obligation to designate an individual tax number for the employee.