[ParlTrack]

Proposal for a directive
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. 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.deleted

2017/03/27
Committee: IMCO

Othmar KARAS

Proposal for a directive
Recital 10

(10) Because of the highly mobile nature of work in international ~~road~~ transport, ~~the implementation of~~ the posting of workers ~~directive~~ raises particular legal questions and difficulties (especially where ~~the~~ links with the concerned Member State isare insufficient). It would be most suited for these challenges to be addressed through sector-specific legislation together with other EU initiatives aimed at improving the functioning of the internal road transport marketThis area should thus be exempt from the provisions of the revision of Directive 96/71/EC.

2017/03/27
Committee: IMCO

Othmar KARAS

Proposal for a directive
Article 1 – paragraph 1 – point 1

Directive 96/71/EC
Article 2 a

(1) The following Article 2a is added: “Article 2a Posting exceeding twenty-four months (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. (2) For the purpose of paragraph 1, in case of replacement of posted workers performing the same task at the same place, 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. ”deleted

2017/03/27
Committee: IMCO

3 Amendments of Othmar KARAS related to 2016/0070(COD)

ParlTrack - 2011-2024