Activities of Thomas HÄNDEL related to 2013/0124(COD)
Plenary speeches (1)
Freedom of movement for workers (debate)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers PDF (358 KB) DOC (515 KB)
Amendments (14)
Amendment 25 #
Proposal for a directive
Recital 2
Recital 2
(2) The free movement of workers is also a key element to the development of a genuine Union labour market, allowing workers to move from high unemployment areas to areas where there are labour shortages, helping more people find posts better suited to their skills and overcoming bottlenecks in the labour market.
Amendment 27 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Voluntary mobility within the Union should be fostered. Freedom of movement for workers should not, however, lead to a brain drain prompted by a lack of employment prospects in a given country of origin. A brain drain of this kind is no long-term solution to crises and mass unemployment.
Amendment 28 #
Proposal for a directive
Recital 3
Recital 3
(3) 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. It protects them against discrimination on the grounds of nationality as regards employment, remuneration and other working conditions by ensuring their equal treatment in comparison to nationals of that Member State. It needs to be distinguished 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 workers to another Member State temporarily to carry out the work necessary to provide these services thereFrontier workers whose place of work and place of residence are located in different Member States should also be protected against discrimination.
Amendment 40 #
Proposal for a directive
Recital 5
Recital 5
(5) However, the effective exercise of the freedom of movement of workers is still a major challenge and many workers are very often unaware of their rights to free movement. They and frontier workers still suffer from discrimination on the grounds of nationality when moving across European Union borders of the Member States. There is, therefore, a gap between the legislation and its application in practice that needs to be addressed.
Amendment 76 #
Proposal for a directive
Recital 20
Recital 20
(20) Member States should promote dialogue with the social partners and non- governmental organisations and between social partners to address and combat different forms of discrimination on the grounds of nationality.
Amendment 81 #
Proposal for a directive
Recital 21
Recital 21
(21) Member States should make information about employment terms and conditions and all relevant information about housing, health insurance, tax relief and welfare benefits more widely available to workers from other Member States, to employers and to other interested parties in all the languages required.
Amendment 98 #
Proposal for a directive
Recital 27
Recital 27
(27) This Directive respects the fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union, notably freedom of assembly and of association (Article 12), the freedom to choose an occupation and the right to engage in work (Article 15), the right to non-discrimination (Article 21 and in particular Paragraph 2 concerning non- discrimination on the grounds of nationality), the right to collective bargaining and action (Article 28), fair and just working conditions (Article 31the right to protection in the event of unjust dismissal (Article 30), the right to fair and just working conditions (Article 31), the right to social security and social assistance (Article 34), the right to freedom of movement and residence (Article 45) and the right to an effective remedy and a fair trial (Article 47). It has to be implemented in accordance with those rights and principles.
Amendment 109 #
Proposal for a directive
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(ca) access to social security;
Amendment 112 #
Proposal for a directive
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) membership of trade unions and collective bargaining and collective measures;
Amendment 114 #
Proposal for a directive
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) access to training and further training;
Amendment 125 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall ensure that judicial and/or administrative procedures, including where they deem it appropriate, conciliation procedures, for the enforcement of the obligations under Article 45 of the Treaty and Articles 1 to 10 of Regulation (EU) No 492/2011, are available to all workers, including frontier workers, and members of their families who consider they have suffered or are suffering from unjustified restrictions to their right to free movement or consider themselves wronged by failure to apply the principle of equal treatment to them, even after the relationship in which the discrimination is alleged to have occurred has ended. Member States shall ensure that employers do not prevent workers from exercising their rights in the context of judicial and/or administrative procedures of this kind.
Amendment 140 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that associations, trade unions, organisations or 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 are complied with, may engage, either on behalf of or in support of the worker and members of his/her family, if appropriate with his/her approval, in any judicial and/or administrative procedure provided for the enforcement of rights under Article 45 of the Treaty and Articles 1 to 10 of Regulation (EU) No 492/2011.
Amendment 160 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall ensure that existing or newly created bodies, including those set up by trade unions and NGOs, are aware, make use of and co-operate with the existing information and assistance services at Union level, such as Your Europe, SOLVIT, EURES, Enterprise Europe Network and the Points of Single Contact.
Amendment 177 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall provide in several languages clear, easily accessible, comprehensive and up- to-date information on the rights conferred by the Union law on free movement of workers. This information should also be easily accessible through Your Europe and EURES. This shall apply to both the Member State of origin and the Member State in which the worker is employed.