30 Amendments of Konstantinos POUPAKIS related to 2012/0061(COD)
Amendment 82 #
Proposal for a directive
Recital 4
Recital 4
(4) In order to prevent, avoid and combat circumvention and/or abuse of the applicable rules by companies taking improper or fraudulent advantage of the freedom to provide services enshrined in the Treaty and/or the application of Directive 96/71/EC the implementation and monitoring of the notion of posting should be improved, taking into consideration the principles of proportionality and non-discrimination.
Amendment 86 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) All measures introduced by the Directive must be justified, proportionate and non-discriminatory so that they do not create administrative burdens and do not lock the potential that companies, in particular small and medium enterprises have in creating new jobs, while protecting posted workers.
Amendment 116 #
Proposal for a directive
Recital 11
Recital 11
(11) Mutual trust, a spirit of cooperationTaking into account that the ability of the host Member State to establish factual elements regarding the foreign undertaking is limited, cooperation with the Member State of establishment is crucial and needs to be further improved. Mutual trust, a spirit of assistance, continuous dialogue and mutual understanding are essential in this respect.
Amendment 129 #
Proposal for a directive
Recital 2
Recital 2
(2) The free movement of workers gives every citizen the right to move freely to another Member State to work and reside there for that purpose and protects them against discrimination as regarddom to provide services includes the right of undertakings to provide services in another Member State, for which they may send ('post') their own workers temployment, remuneration and oorarily to carry out ther working conditions in comparison to nationals of that Member State. It need necessary to provide these services there. It is necessary for the purpose of the posting of workers to be distinguished this freedom from the freedom to provide services, which includes the right of undertakings to provide services in another Member State, for which they may send (‘post’) their own worker movement of workers, which gives every citizen the right to move freely to another Member State to work and reside there for that purpose and protects them against discrimination as regards temporarily to carry out loyment, remuneration and other work necessary to provide these services thering conditions in comparison to nationals of that Member State.
Amendment 135 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) Where terms and conditions of employment are laid down in collective agreements which have been declared universally applicable, Member States should ensure that these collective agreements are officially published and accessible.
Amendment 135 #
Proposal for a directive
Recital 4
Recital 4
(4) In order to prevent, avoid and combat circumvention and/or abuse of the applicable rules by companies taking improper or fraudulent advantage of the freedom to provide services enshrined in the Treaty and/or the application of Directive 96/71/EC the implementation and monitoring of the notion of posting should be improved, taking into consideration the principles of proportionality and non-discrimination.
Amendment 138 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4 a) All measures introduced by the Directive must be justified, proportionate and non-discriminatory so that they do not create administrative burdens and do not lock the potential that companies, in particular small and medium enterprises have in creating new jobs, while protecting posted workers.
Amendment 139 #
Proposal for a directive
Recital 5
Recital 5
(5) Therefore, the constituent factual elements characterising the temporary nature inherent to the notion of posting, which implies that the employer should be genuinely established in the Member State from which the posting takes place, as well as the relationship between Directive 96/71/EC and Regulation (EC) No 593/2008 on the law applicable to contractual obligations (hereinafter the ‘Rome I Regulation’) need to be further clarified, so that a broad application of the Directive is ensured.
Amendment 150 #
Proposal for a directive
Recital 11
Recital 11
(11) Mutual trust, a spirit of cooperationTaking into account that the ability of the host Member State to establish factual elements regarding the foreign undertaking is limited, cooperation with the Member State of establishment is crucial and needs to be further improved. Mutual trust, a spirit of assistance, continuous dialogue and mutual understanding are essential in this respect.
Amendment 157 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14 a) Where terms and conditions of employment are laid down in collective agreements which have been declared universally applicable, Member States should ensure that these collective agreements are officially published and accessible.
Amendment 163 #
Proposal for a directive
Recital 18
Recital 18
(18) To ensure better and more uniform application of Directive 96/71/EC as well as its enforcement in practice, and to reduce, as far as possible, differences in the level of application and enforcement across the Union, Member States should ensure that effective and, adequate, proportionate and non-discriminatory inspections are carried out on their territory and that inspected undertakings are provided with information in writing on the result of the inspection.
Amendment 188 #
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
This Directive aims to facilitate the exercise of the freedom to provide services for service providers and promoting fair competition between service providers, while guaranteeing respect for an appropriate level of minimum protection of the rights of posted workers for the cross-border provision of services, while facilitating the exercise of the freedom to provide services for service providers and promoting fair competition between service providers.
Amendment 190 #
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘competent authority’ means anpublic authorityies of a Member State designated by athis Member State to perform functions under this Directive;
Amendment 207 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point a
Article 3 – paragraph 1 – subparagraph 1 – point a
(a) the place where the undertaking has its registered office and administration, uses office space, pays taxes, or according to national law has a professional licence or is registered with the chambers of commerce or professional bodies,
Amendment 216 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
The assessment of these elements shall be adapted to each specific case and take account of the nature of the activities and/or period of time in which these activities were carried out by the undertaking in the Member State in which it is established.
Amendment 239 #
Proposal for a directive
Article 5 – paragraph 2 – point f
Article 5 – paragraph 2 – point f
(f) keep the information provided for in the country fiches up to date, exact and exhaustive.
Amendment 241 #
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘'competent authority’' means anpublic authorityies of a Member State designated by athis Member State to perform functions under this Directive;
Amendment 257 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – introductory part
Article 3 – paragraph 1 – subparagraph 1 – introductory part
1. 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 may includeemployer shall communicate to the competent authorities the following information:
Amendment 260 #
Proposal for a directive
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4 a. During the period of posting a worker to another Member State, the inspection of the working conditions to be complied with according to Directive 96/71/EC lies within responsibility of the authorities of the host Member State in cooperation with the Member State of establishment.
Amendment 270 #
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) an obligation to keep or make available and/or retainwithin a reasonable period of time and/or retain, at the choice of the services provider, copies in paper or electronic form of the employment contract (or an equivalent document within the meaning of Directive 91/533, including, where appropriate or relevant, the additional information referred to in Article 4 of that Directive), payslips, time-sheets and proof of payment of wages or copies of equivalent documents, issued according to the national law of the Member State of establishment, during the period of posting in an accessible and clearly identified place in its territory, such as the workplace or the building site, or for mobile workers in the transport sector the operations base or the vehicle with which the service is provided;
Amendment 273 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point a
Article 3 – paragraph 1 – subparagraph 1 – point a
(a) the place where the undertaking has its registered office and administration, uses office space, pays taxes and social security, has a professional licence or is registered with the chambers of commerce or professional bodies,
Amendment 274 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point a
Article 3 – paragraph 1 – subparagraph 1 – point a
(a) the place where the undertaking has its registered office and administration, uses office space, pays taxes, or according to national law has a professional licence or is registered with the chambers of commerce or professional bodies,
Amendment 290 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point d
Article 3 – paragraph 1 – subparagraph 1 – point d
(d) the place where the undertaking performs its substantial business activity, including the conclusion of the majority of its contracts with clients, and where it employs administrative staff,
Amendment 310 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
The assessment of these elements shall be adapted to each specific case and take account of the nature of the activities and/or period of time in which these activities were carried out by the undertaking in the Member State in which it is established.
Amendment 317 #
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
In order to assess whether a posted worker temporarily carries out his or her work in a Member State other than the one in which he or she normally works, all factual elements characterising such work and the situation of the worker shall be examined by the competent authority.
Amendment 511 #
Proposal for a directive
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. During the period of posting a worker to another Member State the inspection of the working conditions to be complied with according to Directive 96/71/EC lies within responsibility of the authorities of the host Member State in cooperation with the Member State of establishment.
Amendment 526 #
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Member States may onlyshall at least impose the following administrative requirements and control measures:
Amendment 548 #
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) an obligation for a service provider established in another Member State to make a simple declaration tonotify the responsible national competent authorities at the latest atin English or the language of the host Member State prior to the commencement of the service provision, whereby the declaration may onlynotification shall at least cover the identity of the service provider, the presence of one or more clearly identifiable posted workers, their anticipated number, theanticipated number of posted workers and their personal identification details, the designated contact person, the beginning and anticipated duration and location of their presenceactivity, and the services justifying the posting;
Amendment 562 #
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) an obligation to keep or make available and/or retainwithin a reasonable period of time and/or retain, at the choice of the services provider, copies in paper or electronic form of the employment contract (or an equivalent document within the meaning of Directive 91/533, including, where appropriate or relevant, the additional information referred to in Article 4 of that Directive), payslips, time-sheets and proof of payment of wages or copies of equivalent documents, issued according to the national law of the Member State of establishment, during the period of posting in an accessible and clearly identified place in its territory, such as the workplace or the building site, or for mobile workers in the transport sector the operations base or the vehicle with which the service is provided;
Amendment 594 #
Proposal for a directive
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
(d) an obligation to designate a contact person who can be contacted by the competent authorities of the Member State and who is authorised to negotiate, 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.