[ParlTrack]

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Frédéric DAERDEN, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Recital 3 c (new)

(3c) In case of non-compliance, such as when a worker is found not to be genuinely posted, an undertaking should be subject to the relevant legislation applicable in the Member State to which the posting takes place, and all persons posted by the undertaking concerned shall be deemed workers exercising their freedom of movement within the Union.

2013/01/17
Committee: EMPL

Frédéric DAERDEN

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

2a. This Directive shall comply, with respect to the application and enforcement of working conditions and employment of workers posted, with the provision of Article 1, paragraph 4 of Directive 96/71/EC, which states: "Undertakings established in a non- member State must not be given more favourable treatment than undertakings established in a Member State".

2013/01/21
Committee: EMPL

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Frédéric DAERDEN, Olle LUDVIGSSON, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Article 11 – paragraph 3

3. Member States shall ensure that trade unions and other third parties, such as associations, organisations and 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 and Directive 96/71/EC are complied with, may engage, on behalf or in support of the posted workers or their employer, ~~with their approval~~ in any judicial or administrative proceedings provided for with the objective of implementing this Directive and Directive 96/71/EC and/or enforcing the obligations under this Directive and Directive 96/71/EC. Trade unions shall have the right of collective action in order to ensure compliance with the requirements of this Directive and Directive 96/71/EC and the possibility of taking representative action on behalf of posted workers.

2013/01/21
Committee: EMPL

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Frédéric DAERDEN, Birgit SIPPEL, Sylvana RAPTI, Sergio Gaetano COFFERATI, Pervenche BERÈS

Proposal for a directive
Article 12

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. 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. 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. 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. 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.Article 12 deleted Subcontracting — Joint and several liability

2013/01/21
Committee: EMPL

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Emer COSTELLO, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Frédéric DAERDEN, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

Proposal for a directive
Article 12 – paragraph 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. 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

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Emer COSTELLO, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Frédéric DAERDEN, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

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

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Emer COSTELLO, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Frédéric DAERDEN, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

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

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Emer COSTELLO, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Frédéric DAERDEN, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

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

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Emer COSTELLO, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Frédéric DAERDEN, Birgit SIPPEL, Sergio Gaetano COFFERATI

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

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Emer COSTELLO, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Frédéric DAERDEN, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

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

Stephen HUGHES, Minodora CLIVETI, Alejandro CERCAS, Emer COSTELLO, Liisa JAAKONSAARI, Jutta STEINRUCK, Richard FALBR, Frédéric DAERDEN, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI

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

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Emer COSTELLO, Liisa JAAKONSAARI, Evelyn REGNER, Richard FALBR, Frédéric DAERDEN, Françoise CASTEX, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI, Pervenche BERÈS

Proposal for a directive
Article 12 a (new)

Article 12a Subcontracting and liability 1. Each Member State shall take the necessary measures to ensure that an undertaking which appoints a subcontractor to provide services is liable, in addition to and/or in place of that subcontractor, for obligations of that subcontractor and any other intermediate. 2. This shall not in any way preclude the application of already existing more stringent rules at national level nor the introduction of those. 3. Member States may limit vertical subcontracting to three levels provided that the limitation is not discriminatory.

2013/01/21
Committee: EMPL

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Frédéric DAERDEN, Birgit SIPPEL, Sylvana RAPTI, Ole CHRISTENSEN, Sergio Gaetano COFFERATI, Pervenche BERÈS

Proposal for a directive
Article 19 a (new)

Article 19a Clause of non-regression - More favourable provisions 1. This Directive and Directive 96/71/EC are without prejudice to the Member States' right to apply or introduce legislative, regulatory or administrative provisions which are more favourable to workers or to promote or permit collective agreements concluded between the social partners which are more favourable to workers. 2. The implementation of this Directive shall under no circumstances constitute sufficient grounds for justifying a reduction in the general level of protection of workers in the fields covered by this Directive and Directive 96/71/EC. This is without prejudice to the rights of Member States and/or management and labour to lay down, in the light of changing circumstances, different legislative, regulatory or contractual arrangements to those prevailing at the time of the adoption of this Directive, provided that the minimum requirements laid down in this Directive are respected.

2013/01/21
Committee: EMPL

Stephen HUGHES, Alejandro CERCAS, Minodora CLIVETI, Jutta STEINRUCK, Richard FALBR, Frédéric DAERDEN, Sylvana RAPTI, Sergio Gaetano COFFERATI, Pervenche BERÈS

Proposal for a directive
Article 21 – paragraph 1

No later than 5 years after the expiry of the deadline for transposition, the Commission shall report to the European Parliament, the Council ~~and~~, the European Economic and Social Committee and the Committee of the Regions on the implementation of this Directive, making appropriate proposals where necessary.

2013/01/21
Committee: EMPL

Activities of Frédéric DAERDEN related to 2012/0061(COD)

Plenary speeches (1)

Amendments (14)

ParlTrack - 2011-2024