41 Amendments of Tamás DEUTSCH related to 2016/0070(COD)
Amendment 16 #
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)4, 56 and 62 thereof,
Amendment 18 #
Proposal for a directive
Recital 1
Recital 1
(1) The free movement of workers, freedom of establishment and freedom to provide services are fundamental principles of the internal market in the Union enshrined in the Treaty on the Functioning of the European Union (TFEU). The implementation of those principles is further developed by the Union aimed at guaranteeing a level playing field for businesses and respect for the rights of workersfighting unfair competition while ensuring the respect for the rights of workers. Neither the difference in wages or salaries nor the access to capital alone can be considered as unfair competition.
Amendment 21 #
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 post their own workers temporarily in order to provide those services there. The temporary nature of providing services is to be determined on a case by case basis by the duration, the regularity, the periodicity and the continuity of the service.
Amendment 26 #
Draft legislative resolution
Citation 2
Citation 2
– having regard to Article 294(2) and Articles 53(1)4, 56 and 62 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8- 0114-2016),
Amendment 26 #
Proposal for a directive
Recital 4
Recital 4
Amendment 30 #
Proposal for a directive
Recital 5
Recital 5
(5) The principle of equal treatment and the prohibition of any discrimination based on nationality are enshrined in EU law since the founding Treaties. The principle of equal pay has been implemented through secondary law not only between women and men, but also between employees with fix term contracts and comparable permanent workers, between part-time and full-time workers or between temporary agency workers and comparable workers of the user undertaking. While applying these principles the related case-law of the Court of Justice of the European Union must be respected and taken into consideration.
Amendment 31 #
(5a) It is also necessary to take account of the reasoned opinions issued by the national parliaments of 11 Member States objecting the Commission's proposal based on the ground of the principle of subsidiarity,
Amendment 35 #
Proposal for a directive
Recital 8
Recital 8
Amendment 44 #
Proposal for a directive
Citation 4 a (new)
Citation 4 a (new)
Having regard to the reasoned opinions issued by national parliaments from 11 Member States objecting the Commission proposal on the grounds of subsidiarity;
Amendment 44 #
Proposal for a directive
Recital 10
Recital 10
Amendment 47 #
Proposal for a directive
Recital 1
Recital 1
(1) The free movement of workers, freedom of establishment and freedom to provide services are fundamental principles of the internal market in the Union enshrined in the Treaty on the Functioning of the European Union (TFEU). The implementation of those principles is further developed by the Union aimed at enhancing social cohesion among Member States and guaranteeing a level playing field for businesses and respect for the rights of workers. Neither wages or salaries nor the access to capital alone can be considered as unfair competition.
Amendment 47 #
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, orand wages are always based on a series of parameters, including experience, profile, level of responsibilities, labour market conditions or on the quality and innovation of their goods and services.
Amendment 49 #
Proposal for a directive
Recital 12
Recital 12
(12) It is within Member States' competence to set rules on remunerationminimum rates of pay, bonuses and allowances in accordance with their law and practicenational law. However, national rules on remuneration applied to posted workers must be proportionate and justified by the need to protect posted workers and must not disproportionately restrict the cross-border provision of services. Hence the Member States should ensure that workers posted to their territory are entitled to minimum rates of pay as well as specific categories of bonuses and allowances as specified in point (c) of Article 3(1).
Amendment 57 #
Proposal for a directive
Recital 13
Recital 13
(13) The elements of remuneration under national law or universally applicable collective agreementsminimum rate of pay, bonuses and other allowances under national law should be clear and transparent to all service providers. It is therefore justified to impose on Member States the obligation to publish the constituent elements of remunerationminimum rates of pay, bonuses and other allowances on the single website provided for by Article 5 of the Enforcement Directive.
Amendment 58 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) When calculating the duration of posting, the same posting within the same contract concluded by the undertaking referred to in Article 1 (1) should be identified as posting.
Amendment 60 #
Proposal for a directive
Recital 1 b (new)
Recital 1 b (new)
(1b) When assessing working place for the purpose of calculating the duration of posting in the context of replacement, the working place should be viewed as the very same working place where the worker is posted to the same working position to perform the same task(s).
Amendment 62 #
Proposal for a directive
Recital 14
Recital 14
(14) Laws, reguVia their national legislations, administrative provisions or collective agreements applicable in Member States may ensure that subcontracting does not confer on undertakings the possibilMember States have the freedom to establish on their territory appropriate measures applicable to local and foreign service providers in order to ensure compliance wityh to avoid rules guaranteeing certain terms and conditions of employment covering remuneration. Where such rules on remunerationhe applicable rules concerning posting in case of subcontracting chains. Where such rules on pays, bonuses and allowances 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 64 #
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 post their own workers temporarily in order to provide those services there and the difference of wages has never been considered as "unfair competition" in the EU and in the case law of the ECJ. The Treaty provides that restrictions on the freedom to provide services are prohibited.
Amendment 70 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2 a
Article 2 a
Amendment 72 #
Proposal for a directive
Recital 4
Recital 4
(4) Almost twenty years after its adoption, it is necessary to assess whetherindeed enforce the rules and confirm that the Posting of Workers Directive still strikes the right balance between the need to promote the freedom to provide services and the need to protect the rights of posted workers, as well as the to explore that whether there is a possibility of reintroduction of custom duties for a temporarily but limited period in some regions or areas suffering high unemployment level based on public interest in terms of the social protection of workers due to unfair competitiveness of imported products and services, which were previously produced or provided locally within the framework of the revision of the current legislation relevant to posted workers.
Amendment 90 #
Proposal for a directive
Recital 5
Recital 5
(5) The principle of equal treatment and the prohibition of any discrimination based on nationality are enshrined in EU law since the founding Treaties. The principle of equal pay has been implemented through secondary law not only between women and men, but also between employees with fix term contracts and comparable permanent workers, between part-time and full-time workers or between temporary agency workers and comparable workers of the user undertaking. By doing so the related jurisprudence of the Court of Justice of the European Union must be respected and taken into consideration.
Amendment 91 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC
Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC
(c) remuneration,minimum rates of pay, bonuses and allowances including overtime rates; this point does not apply to supplementary occupational retirement pension schemes;
Amendment 96 #
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 100 #
Proposal for a directive
Recital 7
Recital 7
(7) The Rome I Regulation clarifies also the situation of posted workers as it 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 110 #
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. In accordance with the principle of Rome I Regulation, the law of the host Member Sates therefore applies to the employment contr in line with Recital (2), it is necessary to state that posting is clearly covered by Article 8 (2) of Rome I. Regulation. The temporary nature of posting (as provision of service), which is a crucial element in the determination of habitual placte 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 monwork can only be determined on a case by case basis and it is not only determined by the length of time but also by other factors and facts of the individual worker's life. In addition to this, Article 2 of this 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 serviceDirective defines the nature of posting as having a temporary character therefore temporary character is ian 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 Regulationindispensable feature of genuine posting. Moreover, the case law provides explanation of the notion of temporary nature of the provision of services, which is to be determined by its duration, regularity, periodicity and continuity.
Amendment 112 #
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 1 a
Article 3 – paragraph 1 a
Amendment 140 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) Directive 2014/67/EC on the enforcement of Directive 96/71/EC provides a number of provisions to make sure that rules on posting of workers are enforced and are obeyed by all service providers. Article 4 of the enforcement Directive provides a clear list of elements that should be assessed in order to identify the genuine posting and prevent abuse as well as circumvention.
Amendment 151 #
Proposal for a directive
Recital 10
Recital 10
(10) Because of the highly mobile nature of work in international road transport, the implementation of the posting of worker and this dDirective raises particular legal questions and difficulties (especially where the link with the concerned Member State is 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 marketshall not apply to transport undertakings which are excluded from the scope of this Directive.
Amendment 164 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) During the implementation of the current posting of workers directive must be enforced fully and at the same time the unlawful practice of undeclared work shall be eliminated by strengthened efforts by the European Commission in all relevant areas in order to defend the rights and opportunities of the posted workers.
Amendment 172 #
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, oras well as and rates of pay, bonuses and allowances are always based on a series of parameters, including experience, profile, level of responsibilities, labour market conditions, or on the quality and innovation of their goods and services.
Amendment 191 #
Proposal for a directive
Recital 12
Recital 12
(12) It is within Member States' competence to set rules on remunerationminimum rates of pay and bonuses and allowances in accordance with their law and practice. However, these national rules on remuneration applied to posted workers must be proportionate and justified by the need to protect posted workers and must not disproportionately restrict the cross-border provision of services. Hence the Member States should ensure that workers posted to their territory are entitled to minimum rates of pay as well as specific categories of bonuses and allowances as specified in Article 3.1.(c).
Amendment 208 #
Proposal for a directive
Recital 13
Recital 13
(13) The elements of remunerationminimum pay, bonus and allowance under national law or universally applicable collective agreements should be clear and transparent to all service providers. It is therefore justified to impose on Member States the obligation to publish the constituent elements of remunerationminimum rates of pays, bonuses and allowances on the single website provided for by Article 5 of the Enforcement Directive.
Amendment 232 #
Proposal for a directive
Recital 14
Recital 14
(14) Laws, reguVia their national legislations, administrative provisions or collective agreements applicable in Member States may ensure that subcontracting does not confer on undertakings the possibilMember States have the freedom to establish on their territory appropriate measures applicable to local and foreign service providers in order to ensure compliance wityh to avoid rules guaranteeing certain terms and conditions of employment covering remuneration. Where such rules on remunerationhe applicable rules concerning posting in case of subcontracting chains. Where such rules on pays, bonuses and allowances 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 257 #
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 96/71/EC
Article 1 – paragraph 1
Article 1 – paragraph 1
(–1) In Article 1, paragraph 1 is amended as follows: 1. This Directive shall not apply to undertakings established in a Member State which, in the framework of the transnational proviswhich post workers, if the periond of services, post workers, in accordance with paragraph 3, to the territory of a Member Stateposting does not exceed three days within one month reference period.
Amendment 277 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a
Article 2a
Amendment 280 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Amendment 373 #
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 – indent 2 – point c
Article 3 – paragraph 1 – indent 2 – point c
(c) remunerationminimum rates of pay, bonuses and allowances, including overtime rates; this point does not apply to supplementary occupational retirement pension schemes;
Amendment 378 #
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 – indent 2 – point d
Article 3 – paragraph 1 – indent 2 – point d
(d) the conditions of hiring-out of workers, in particular the supply of workers by temporary employment undertakings, except the conditions of collective accommodation for workers;
Amendment 401 #
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
For the purpose of this Directive, remuneration means all the elements of remuneration rendered mandatory by national law, regulation or administrative provision, collective agreements or arbitration awards which have been declared universally applicable and/or, in the absence of a system for declaring collective agreements or arbitration awards to be of universal application, other collective agreements or arbite clear and unambiguous application of this Directive, pay, bonuses and allowances mean all the elements rendered mandatory by national law and/or praction awards within the meaning of paragraph 8 second subparagraph, ince of the Member State to whose territory the worker is posted.
Amendment 433 #
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 3
Article 3 – paragraph 1 – subparagraph 3
Member States shall publish in the single and registered official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of remunerates of pay, the method of calculation in accordance with point (c).
Amendment 454 #
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 1 a
Article 3 – paragraph 1 a