7 Amendments of Birgit SIPPEL related to 2008/0195(COD)
Amendment 16 #
Proposal for a directive– amending act
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The European Parliament rejects the Commission proposal.
Amendment 25 #
Proposal for a directive
Recital 7
Recital 7
(7) In the light of the Commission report and the impact assessment, self-employed drivers should be exincluded fromin the scope of Directive 2002/15/EC.
Amendment 51 #
Proposal for a directive
Recital 12 c (new)
Recital 12 c (new)
(12c) In order to avoid imposing unnecessary administrative burden on self-employed drivers it is deemed appropriate for self-employed drivers to limit their recording obligation to records made with use of a tachograph.
Amendment 52 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) The Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty in respect of the frequency and modalities of the monitoring and control of working time.
Amendment 73 #
Proposal for a directive
Article 1 – point 2 – subpoint b
Article 1 – point 2 – subpoint b
Directive 2002/15/EC
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
"'mobile worker' shall also include any person who is not tied to an employer by an employment contract or by any other type of working hierarchical relationship, but: i. who does not have the freedom to organise the relevant working activities; ii. whose income does not depend directly on the profits made; iii. who does not have the freedom, individually or through a cooperation between self-employed drivers, to have relations with several customers for whom one of the following indicators apply: i. who is subordinated to a user undertaking: does not have the freedom to organise his working place and time and the relevant working activities or has to submit to orders and instructions of another party in the performance of work; ii. whose income does not depend directly on the profits made, and who is economically, financially and socially dependent on the work done for and by an undertaking that belongs to someone else; who receives the following: periodic payment of remuneration and such remuneration constitutes the worker's sole or principal source of income; payment in kind, such as food, lodging or transport; recognition of entitlements such as weekly rest and annual holidays; payment by the party requesting the work for travel undertaken by the worker in order to carry out the work; iii. who does not have the freedom, individually or through a cooperation between self-employed drivers, to have relations with several customers; iiia. whose work is very similar to previous work executed for the same contractor; iiib. whose work involves the provision of tools, materials and machinery by the party requesting the work; iiic. who does not dispose of the vehicle used, either through ownership or through leases / lease; To justify a genuine self-employed status, the burden of proof shall in all cases fall upon the self-employed worker."
Amendment 108 #
Proposal for a directive
Article 1 – point 6 a (new)
Article 1 – point 6 a (new)
Directive 2002/15/EC
Article 11 b (new)
Article 11 b (new)
(6a) The following Article 11b is inserted Article 11b Infringements Not complying with the definitions in article 3(d) and article 3(e) of this Regulation shall be considered as a ‘most serious infringement’ and shall therefore be subject to all the provisions set out under Regulation (EC) No 1071/2009 with regard to this type of infringement; Undertakings, consignors, freight forwarders, tour operators, principal contractors, subcontractors and driver employment agencies not complying with the definitions in Article 3(d) and Article 3(e) of this Regulation shall also be considered as a ‘most serious infringement’, and shall therefore be subject to all the provisions set out under Regulation (EC) No 1071/2009 with regard to this type of infringement;
Amendment 109 #
Proposal for a directive
Article 1 – point 6 b (new)
Article 1 – point 6 b (new)
Directive 2002/15/EC
Article 12 a (new)
Article 12 a (new)