[ParlTrack]

Proposal for a directive
Recital 8 a (new)

(8 a) When calculating the duration of posting, same postings within the same contract concluded by the undertaking referred to in Article 1 (1) should be taken into account.

2017/03/27
Committee: IMCO

Richard SULÍK, Czesław HOC, Stanisław OŻÓG, Kosma ZŁOTOWSKI, Roberts ZĪLE, Angel DZHAMBAZKI, Zdzisław KRASNODĘBSKI, Zigmantas BALČYTIS, Urszula KRUPA, Edward CZESAK, Jadwiga WIŚNIEWSKA, Sandra KALNIETE, Tomasz Piotr PORĘBA, Ramona Nicole MĂNESCU, György SCHÖPFLIN

Proposal for a directive
Recital 8 b (new)

(8 b) When assessing working place for the purpose of calculating the duration of posting in the context of replacement, the working place should be understood as the very same working place where the worker is posted to the same working position to perform the same tasks.

2017/03/27
Committee: IMCO

Proposal for a directive
Recital 8 c (new)

(8 c) For the calculation of the remuneration within the meaning of this Directive, minimum rates of pay and other mandatory elements, laid down by law or universally applicable collective agreements or arbitration awards, are to be taken into account, provided that these elements do not alter the relationship between the service provided by a workers and the consideration which the worker receives in return. The mandatory elements are the elements which apply to all workers and that are not optional or dependent on certain events or factors. Member States should specify in a transparent way the different elements of remuneration applicable on their territory. Posted worker should be entitled to the gross amount of remuneration which does not have to comply with the all mandatory elements but to the amount required.

2017/03/27
Committee: IMCO

Richard SULÍK, Czesław HOC, Kosma ZŁOTOWSKI, Roberts ZĪLE, Angel DZHAMBAZKI, Zdzisław KRASNODĘBSKI, Zigmantas BALČYTIS, Sandra KALNIETE, Ryszard CZARNECKI, Bolesław G. PIECHA, Marian-Jean MARINESCU

Proposal for a directive
Recital 10

(10) Because of the highly mobile nature of work in international road transport~~, the implementation of th~~ it would be pmosting of workers directive 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 suited to address this topic through sector-specific legislation together with other EU initiatives aimed at improving the functioning of the internal road transport market.

2017/03/27
Committee: IMCO

Proposal for a directive
Recital 14

(14) Laws, regulations, administrative provisions or collective agreements applicable in Member States may ensure that subcontracting does not confer on undertakings the possibility to avoid rules guaranteeing certain terms and conditions of employment covering remuneration. Where such rules on remuneration 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.deleted

2017/03/27
Committee: IMCO

Proposal for a directive
Recital 8 a (new)

(8a) When calculating the duration of posting, only postings within the same contract concluded by the undertaking referred to in Article 1 (1) should be taken into account.

2017/03/08
Committee: EMPL

Czesław HOC, Richard SULÍK, Kosma ZŁOTOWSKI, Zdzisław KRASNODĘBSKI, Roberts ZĪLE, Angel DZHAMBAZKI, Zigmantas BALČYTIS, Urszula KRUPA, Edward CZESAK, Jadwiga WIŚNIEWSKA, Sandra KALNIETE, Tomasz Piotr PORĘBA, Ramona Nicole MĂNESCU, Bolesław G. PIECHA, Sławomir KŁOSOWSKI, Beata GOSIEWSKA, Zbigniew KUŹMIUK, Stanisław OŻÓG, Ryszard CZARNECKI

Proposal for a directive
Recital 8 b (new)

(8b) When assessing working place for the purpose of calculating the duration of posting in the context of replacement, the working place should be understood as the very same working place where the worker is posted to the same working position to perform the same tasks.

2017/03/08
Committee: EMPL

Proposal for a directive
Recital 8 c (new)

(8c) For the calculation of the remuneration within the meaning of this Directive, minimum rates of pay and other mandatory elements, laid down by law or universally applicable collective agreements or arbitration awards, are to be taken into account, provided that these elements do not alter the relationship between the service provided by a workers and the consideration which the worker receives in return. The mandatory elements are the elements which apply to all workers and that are not optional or dependent on certain events or factors. Member States should specify in a transparent way the different elements of remuneration applicable on their territory. Posted worker should be entitled to the gross amount of remuneration which does not have to comply with the all mandatory elements but to the amount required.

2017/03/08
Committee: EMPL

Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)

Directive 96/71/EC
Article 1 – paragraph 2 a (new)

(-1) in Article 1, the following paragraph is added: “2a. This Directive shall not apply to transport undertakings.”

2017/03/27
Committee: IMCO

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

(1) The following Article 2a is added: ‘Article 2a Posting exceeding twenty-four months 1. When the anticipated or the effective duration of posting exceeds twenty-four months, the Member State to whose territory a worker is posted shall be deemed to be the country in which his or her work is habitually carried out. 2. For the purpose of paragraph 1, in case of replacement of posted workers performing the same task at the same place, the cumulative duration of the posting periods of the workers concerned shall be taken into account, with regard to workers that are posted for an effective duration of at least six months. ’deleted

2017/03/27
Committee: IMCO

Proposal for a directive
Recital 10

(10) Because of the highly mobile nature of work in international road transport~~, the implementation of th~~ it would be pmosting of workers directive 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 suited to address this topic through sector-specific legislation together with other EU initiatives aimed at improving the functioning of the internal road transport market.

2017/03/08
Committee: EMPL

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a

Directive 96/71/EC
Article 3 – paragraph 1 – indent 2 – point c

(c) ~~remuneration, including overtime rates~~minimum rates of pay, including overtime rates, unless the Member State fails to publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of minimum rates of pay, their geographic and personal scope and the method of calculation; this point does not apply to supplementary occupational retirement pension schemes;

2017/03/27
Committee: IMCO

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a

Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2

For the purposes 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 arbitthe concept of minimum rates of pay referred to in paragraph 1 (c) is defined by the national law and/or practi~~on awards within the meaning of paragraph 8 second subparagraph, in~~ce of the Member State to whose territory the worker is posted.

2017/03/27
Committee: IMCO

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a

Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 3

Member States shall publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of ~~remuneration in accordance with point (c)~~minimum rates of pay, their geographic and personal scope and the method of calculation in accordance with point (c). If the payment received by the posted worker is at least equal to the minimum rates of pay, it shall be deemed that this posted worker has received the minimum rates of pay provided for in this Directive.

2017/03/27
Committee: IMCO

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a

Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 3

Member States shall publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of remuneration ~~in accordance with point (c).~~, their geographic and personal scope and the method of calculation in accordance with point (d). If the payment received by the posted worker is at least equal to the amount of constituent elements of remuneration, it shall be deemed that this posted worker has received the remuneration provided for in this Directive."

2017/03/27
Committee: IMCO

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b

Directive 96/71/EC
Article 3 – paragraph 1 a

1a. If undertakings established in the territory of a Member State are obliged by law, regulation, administrative provision or collective agreement, to sub-contract in the context of their contractual obligations only to undertakings that guarantee certain terms and conditions of employment covering remuneration,, the Member State may, on a non– discriminatory and proportionate basis, provide that such undertakings shall be under the same obligation regarding subcontracts with undertakings referred to in Article 1 (1) posting workers to its territory.deleted

2017/03/27
Committee: IMCO

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b a (new)

Directive 96/71/EC
Article 3 – paragraph 1 a a (new)

(ba) The following paragraph is added: "1aa. When the effective duration of posting exceeds 24 months Member States shall ensure, whatever the law applicable to the employment relationship, that the undertaking referred to in Article 1(1) guarantee workers posted to their territory, in addition to the terms and conditions of employment referred to in paragraph 1 of this Article, the terms and conditions of employment covering the following matters which, in the Member State where the work is carried out, are laid down: - by law, regulation or administrative provision, and/or - by collective agreements or arbitration awards which have been declared universally applicable within the meaning of paragraph 8: (a) other mandatory rules relating to leave and holiday entitlements, in addition paragraph 1(b); (b) parental and paternal leave; (c) other mandatory rules relating to working hours and rest periods, in addition to paragraph 1(a) (d) remuneration, including overtime rates, in addition to paragraph 1(c), unless the Member State fails to publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of the remuneration, their geographic and personal scope and the method of calculation; this point does not apply to supplementary occupational retirement pension schemes; Where a posted worker is replaced by another posted worker performing the same task at the same working place [by the undertaking referred to in Article 1(1), the duration of the posting shall for the purposes of this paragraph be the cumulative duration of the posting periods of the individual workers concerned. This paragraph shall not apply to workers that are posted for an effective duration of 6 months or less. 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 arbitration awards within the meaning of paragraph 8 second subparagraph, in the Member State to whose territory the worker is posted."

2017/03/27
Committee: IMCO

Proposal for a directive
Recital 14

(14) Laws, regulations, administrative provisions or collective agreements applicable in Member States may ensure that subcontracting does not confer on undertakings the possibility to avoid rules guaranteeing certain terms and conditions of employment covering remuneration. Where such rules on remuneration 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.deleted

2017/03/08
Committee: EMPL

Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)

Directive 96/71/EC
Article 1 – paragraph 2 a (new)

(–1) In Article 1, the following paragraph 2a is inserted : 2a. This Directive shall not apply to transport undertakings.

2017/03/08
Committee: EMPL

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

Directive 96/71/EC
Article 2a

(1) The following Article 2a is added: Article 2a Posting exceeding twenty-four months 1. When the anticipated or the effective duration of posting exceeds twenty-four months, the Member State to whose territory a worker is posted shall be deemed to be the country in which his or her work is habitually carried out. 2. For the purpose of paragraph 1, in case of replacement of posted workers performing the same task at the same place, the cumulative duration of the posting periods of the workers concerned shall be taken into account, with regard to workers that are posted for an effective duration of at least six months.deleted

2017/03/08
Committee: EMPL

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a

Directive 96/71/EC
Article 3 – pragraph 1 – indent 2 – point c

(c) ~~remuneration, including overtime rates~~minimum rates of pay, including overtime rates, unless the Member State fails to publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of minimum rates of pay, their geographic and personal scope and the method of calculation; this point does not apply to supplementary occupational retirement pension schemes;

2017/03/08
Committee: EMPL

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a

For the purposes 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 arbitthe concept of minimum rates of pay referred to in paragraph 1 (c) is defined by the national law and/or practi~~on awards within the meaning of paragraph 8 second subparagraph, in~~ce of the Member State to whose territory the worker is posted.

2017/03/08
Committee: EMPL

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a

Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 3

Member States shall publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of ~~remuner~~minimum rates of pay, their geographic and personal scope and the method of calculation in accordance with point (c).

2017/03/08
Committee: EMPL

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a

Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 3 a (new)

If the payment received by the posted worker is at least equal to the minimum rates of pay, it shall be deemed that this posted worker has received the minimum rates of pay provided for in this Directive.

2017/03/08
Committee: EMPL

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b

Directive 96/71/EC
Article 3 – pragraph 1 a

(b) The following paragraph is added: 1a. territory of a Member State are obliged by law, regulation, administrative provision or collective agreement, to sub-contract in the context of their contractual obligations only to undertakings that guarantee certain terms and conditions of employment covering remuneration,, the Member State may, on a non– discriminatory and proportionate basis, provide that such undertakings shall be under the same obligation regarding subcontracts with undertakings referred to in Article 1 (1) posting workers to its territory.deleted If undertakings established in the

2017/03/08
Committee: EMPL

Czesław HOC, Richard SULÍK, Kosma ZŁOTOWSKI, Zdzisław KRASNODĘBSKI, Roberts ZĪLE, Angel DZHAMBAZKI, Zigmantas BALČYTIS, Sandra KALNIETE, Ryszard CZARNECKI

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b a (new)

Directive 96/71/EC
Article 3 – paragraph 1 a a (new)

(ba) The following paragraph is added: 1aa. When the effective duration of posting exceeds 24 months, Member States shall ensure that, whatever the law applicable to the employment relationship, the undertaking referred to in Article 1(1) guarantee workers posted to their territory, in addition to the terms and conditions of employment referred to in paragraph 1 of this Article, the terms and conditions of employment covering the following matters which, in the Member State where the work is carried out, are laid down: – by law, regulation or administrative provision, and/or – by collective agreements or arbitration awards which have been declared universally applicable within the meaning of paragraph 8: (a) other mandatory rules relating to leave and holiday entitlements, in addition paragraph 1(b); (b) parental and paternal leave; (c) other mandatory rules relating to working hours and rest periods, in addition to paragraph 1(a); (d) remuneration, including overtime rates, in addition to paragraph 1(c), unless the Member State fails to publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of the remuneration, their geographic and personal scope and the method of calculation; this point does not apply to supplementary occupational retirement pension schemes; Where a posted worker is replaced by another posted worker performing the same task at the same working place [by the undertaking referred to in Article 1(1), the duration of the posting shall for the purposes of this paragraph be the cumulative duration of the posting periods of the individual workers concerned. This paragraph shall not apply to workers that are posted for an effective duration of six months or less. 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 arbitration awards within the meaning of paragraph 8 second subparagraph, in the Member State to whose territory the worker is posted. Member States shall publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of remuneration, their geographic and personal scope and the method of calculation in accordance with point (d). If the payment received by the posted worker is at least equal to the amount of constituent elements of remuneration, it shall be deemed that this posted worker has received the remuneration provided for in this Directive.

2017/03/08
Committee: EMPL

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b a (new)

Directive 96/71/EC
Article 3 – paragraph 1 a b (new)

(ba) The following paragraph is added: 1ab. Member States shall publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of remuneration, their geographic and personal scope and the method of calculation in accordance with point (d). If the payment received by the posted worker is at least equal to the amount of constituent elements of remuneration, it shall be deemed that this posted worker has received the remuneration provided for in this Directive.

2017/03/08
Committee: EMPL

27 Amendments of Sandra KALNIETE related to 2016/0070(COD)

ParlTrack - 2011-2024