BETA

Activities of Marek Henryk MIGALSKI related to 2012/0061(COD)

Plenary speeches (2)

2016/11/22
Dossiers: 2012/0061(COD)

2016/11/22
Dossiers: 2012/0061(COD)

Amendments (16)

Marek Henryk MIGALSKI

Proposal for a directive
Recital 24

(24) In view of the prevalence of subcontracting in the construction sector, and in order to protect posted workers‘ rights, it is necessary to ensure that in such sector at least the contractor of which the employer is a direct subcontractor can be held liable to pay to posted workers the net minimum rates of pay due, any back-payments of outstanding remuneration and/or contributions due to common funds or institutions of social partners regulated by law or collective agreement in so far as these are covered by Article 3 (1) of Directive 96/71/EC in addition to or in place of the employer. The contractor shall not be held liable if he/she has undertaken due diligence. The latter may imply preventive measures concerning proof provided by the subcontractor, including where relevant based upon information emanating from national authorities.deleted

2013/01/17
Committee: EMPL

Marek Henryk MIGALSKI

Proposal for a directive
Recital 25

(25) In specific cases, other contractors may, in accordance with national law and practice, be also held liable for failure to comply with the obligations under this Directive, or their liability may be limited, after consultation of the social partners at national or sectoral level.deleted

2013/01/17
Committee: EMPL

Marek Henryk MIGALSKI

Proposal for a directive
Recital 26

(26) The obligation to impose a liability requirement on the contractor where the direct subcontractor is a service provider, established in another Member State, posting workers is justified in the overriding public interest of the social protection of workers. Such posted workers may not be in the same situation as workers employed by a direct subcontractor established in the Member State of establishment of the contractor with regard to the possibility to claim outstanding pay or refunds of taxes or social security contributions unduly withheld.deleted

2013/01/17
Committee: EMPL

Marek Henryk MIGALSKI

Proposal for a directive
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 include only:

2013/01/21
Committee: EMPL

Marek Henryk MIGALSKI

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point e

~~(e) the abnormally limited number of contracts performed and/or size of turnover realised in the Member State of establishment.~~deleted

2013/01/21
Committee: EMPL

Marek Henryk MIGALSKI

Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – introductory part

Such elements may include only:

2013/01/21
Committee: EMPL

Marek Henryk MIGALSKI

Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point e a (new)

(e a) Moreover, the absence of the valid A1 form issued for the posted worker may be an indication that the situation should not be characterised as one of 'temporarily posting' to another country than the one in which the worker concerned habitually works.

2013/01/21
Committee: EMPL

Marek Henryk MIGALSKI

Proposal for a directive
Article 9 – paragraph 1 – point c

(c) possibility to request a translation of the documents referred to under (b), ~~may be justified~~ provided these documents are not excessively long and standardised forms are generally used for such documents;

2013/01/21
Committee: EMPL

Marek Henryk MIGALSKI

Proposal for a directive
Article 9 – paragraph 1 – point d

(d) ~~an obligation to~~possibility to request a designateion of a contact person 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.

2013/01/21
Committee: EMPL

Marek Henryk MIGALSKI

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1

1. With respect to the construction activities referred to in the Annex to Directive 96/71/EC, for all posting situations covered by Article 1(3) of Directive 96/71/EC, the Member States shall ensure on a non–discriminatory basis with regard to the protection of the equivalent rights of employees of direct subcontractors established in its territory, that the contractor of which the employer (service provider or temporary employment undertaking or placement agency) is a direct subcontractor can, in addition to or in place of the employer, be held liable by the posted worker and/or common funds or institutions of social partners for non-payment of the following: (a) any outstanding net remuneration corresponding to the minimum rates of pay and/or contributions due to common funds or institutions of social partners in so far as covered by Article 3 (1) of Directive 96/71/EC; (b) any back-payments or refund of taxes or social security contributions unduly with held from his/her salary.deleted

2013/01/21
Committee: EMPL

Marek Henryk MIGALSKI

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point a

(a) any outstanding net remuneration corresponding to the minimum rates of pay and/or contributions due to common funds or institutions of social partners in so far as covered by Article 3 (1) of Directive 96/71/EC;deleted

2013/01/21
Committee: EMPL

Marek Henryk MIGALSKI

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point b

~~(b) any back-payments or refund of taxes or social security contributions unduly with held from his/her salary.~~deleted

2013/01/21
Committee: EMPL

Marek Henryk MIGALSKI

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2

~~The liability referred to in the present paragraph shall be limited to worker's rights acquired under the contractual relationship between the contractor and his subcontractor.~~deleted

2013/01/21
Committee: EMPL

Marek Henryk MIGALSKI

Proposal for a directive
Article 12 – paragraph 2

2. Member States shall provide that a contractor who has undertaken due diligence shall not be liable in accordance with paragraph 1. Such systems shall be applied in a transparent, non discriminatory and proportionate way. They may imply preventive measures taken by the contractor concerning proof provided by the subcontractor of the main working conditions applied to the posted workers as referred to in Article 3 (1) of Directive 96/71/EC, including pay slips and payment of wages, the respect of social security and/or taxation obligations in the Member State of establishment and compliance with the applicable rules on posting of workers.deleted

2013/01/21
Committee: EMPL

Marek Henryk MIGALSKI

Proposal for a directive
Article 12 – paragraph 3

3. Member States may, in conformity with Union law, provide for more stringent liability rules under national law on a non-discriminatory and proportionate basis in regard to the scope and range of subcontractor liability. Member States may also, in conformity with Union law, provide for such liability in sectors other than those contained in the Annex to Directive 96/71/EC. Member States may in these cases provide that a contractor that has undertaken due diligence as defined by national law shall not be liable.deleted

2013/01/21
Committee: EMPL

Marek Henryk MIGALSKI

Proposal for a directive
Article 12 – paragraph 4

4. Within three years after the date referred to in Article 20, the Commission shall, in consultation with the Member States and social partners at EU level, review the application of this Article with a view to proposing, where appropriate, any necessary amendments or modifications.deleted

2013/01/21
Committee: EMPL