25 Amendments of Mara BIZZOTTO related to 2016/0070(COD)
Amendment 46 #
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 workers.
Amendment 62 #
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 without this giving rise to unfair competition, social dumping order to provide those services there the exploitation of workers.
Amendment 69 #
Proposal for a directive
Recital 4
Recital 4
(4) Almost twenty years after its adoption, it is necessary to assess whether the Posting of Workers Directive stilldoes not strikes the right balance between the need to promote the freedom to provide services and the need to protect the rights of posted workers. Indeed it would seem that that directive in fact encourages unfair competition and social dumping, through the activities of temporary employment agencies and triangulation between countries and phantom firms.
Amendment 114 #
Proposal for a directive
Recital 8
Recital 8
(8) In view of the long durationnature of certain posting assignments, it is necessary to provide that, in case of posting lasting for periods higher than 246 months, the host Member State is deemed to be the country inapplicable terms and conditions of employment shall be those established by the host Member State, without prejudice to terms and conditions of employment which thare wmork is carried oute favourable to the worker. In accordance with the principle of Rome I Regulation, the law of the host Member Sates therefore applies to the employment contract 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 months 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 services in 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 Regulation.
Amendment 135 #
Proposal for a directive
Recital 9
Recital 9
(9) It is settled case law that restrictions to the freedom to provide services are only admissible if justified by overriding reasons in the public interest and must be proportionate and necessary. Member States should retain the authority to carry out all the checks required to combat the fraudulent use of Directive 96/71/EC. Where this is deemed necessary to prevent dumping, the exploitation of workers or any other practice which undermines the competitiveness of a sector, Member States may take whatever measures they regard as appropriate the prevent the misuse of Directive 96/71/EC or even suspend the application of that Directive on their territory.
Amendment 167 #
Proposal for a directive
Recital 11
Recital 11
(11) In a competitive internal market, service providerstransnational context such as the internal market, characterised by the involvement of national systems which are very different in social, economic and legislative terms, service providers in sectors with high labour intensity compete not omainly on the basis of a labour costs but also on factors such as productivity and efficiency, or the quality and innovation of their goods and services, giving rise to the dangerous phenomena of labour shopping and social dumping, which are used to replace domestic labour with cheaper labour.
Amendment 194 #
Proposal for a directive
Recital 12
Recital 12
(12) It is within Member States' exclusive competence to set rules on remuneration in accordance with their law and practice and no European provisions should interfere with this . However, national rules on remuneration applied to posted workers must be justified by the need to protect posted workers and must nolimit market disproptortionately restrict the cross-border provision of service and avoid creating excessive business costs.
Amendment 212 #
Proposal for a directive
Recital 13
Recital 13
(13) The elements of remuneration under national law or universally applicable collective agreements should be clear and transparent to all service providers. It is therefore justified to impose onfor all Member States the obligation to publish the constituent elements of remuneration on the single website provided for by Article 5 of the Enforcement Directive. No obligations arising from this directive should lead to an unjustified bureaucratic and administrative burden for companies in the Member States.
Amendment 248 #
Proposal for a directive
Recital 15
Recital 15
Amendment 285 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/CE
Article 2 a – title
Article 2 a – title
Amendment 298 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 1
Article 2a – paragraph 1
1. When the anticipated or the effective duration of posting exceeds twenty-four msix months or the time limit set by national social partners on thse basis of specific circumstances in the sector concerned, 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.
Amendment 308 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/CE
Article 2 a – paragraph 1 a (new)
Article 2 a – paragraph 1 a (new)
1a. For the purpose of paragraph 1, Member States shall be free, where necessary, to negotiate the limit referred to above with the national social partners in the sectors affected by this Directive.
Amendment 316 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/CE
Article 2 a – paragraph 1 b (new)
Article 2 a – paragraph 1 b (new)
1b. The more favourable employment law (between that of the host Member State and that of the Member State of origin) shall apply from the first day of the posted worker’s period of employment.
Amendment 334 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/CE
Article 2 a – paragraph 2
Article 2 a – paragraph 2
2. For the purpose of paragraph 1, in case of replacement of posted workers performing the same task at the same place of work, 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 from the first day of work of the first worker posted to the post in question.
Amendment 335 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/CE
Article 2 a – paragraph 2
Article 2 a – paragraph 2
2. For the purpose of paragraph 1, in case of replacement of posted workers performing the same task at the same workplace, 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 as from the first working day of the first worker posted to perform that task.
Amendment 349 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Directive 96/71/CE
Article 2 b
Article 2 b
(1a) The following Article 2b is added: Article 2b 1. For the purpose of this Directive, all posting procedures shall be subject to the obligations laid down in Article 9 of Directive 2017/67/EU. 2. For the purpose of paragraph 1, in addition to the information set out in Article 4 of Directive 2014/67/EU, it shall be necessary to state the date on which the posting is expected to end, the details of the assignment or of the post in the host country, the working hours, the hourly remuneration, the place of work, the working conditions and any other information specific to the post or assignment. 3. For the purpose of paragraph 1, and in order to combat social dumping and labour shopping, the posting undertaking must be able to officially declare that its posting activity is not its main activity but a secondary and occasional activity.
Amendment 351 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 b (new)
Article 1 – paragraph 1 – point 1 b (new)
Directive 96/71/EC
Article 2 c (new)
Article 2 c (new)
(1c) The following Article 2c is added: Article 2c 1. In order to prevent social dumping, the posting undertaking must be able to officially prove the existence of a professional link of at least three months between it and the worker it is posting. 2. In order to prevent social dumping, the host undertaking must include in its obligatory posting declaration, as provided for in Article 9 of Directive 2014/67/EU, an ‘anti-dumping declaration’, stating that it is unable to use a service provider in the country in which it is established and that it is therefore forced to have recourse to posting.
Amendment 352 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 c (new)
Article 1 – paragraph 1 – point 1 c (new)
Directive 96/71/EC
Article 2 d (new)
Article 2 d (new)
(1d) The following Article 2d is added: Article 2d Member States shall also retain the authority to carry out all the checks required to combat the fraudulent use of Directive 96/71/EC. Where this is deemed necessary to prevent dumping, the exploitation of workers or any other practice which undermines the competitiveness of a sector, Member States may take whatever measures they regard as appropriate to prevent the misuse of Directive 96/71/EC or even suspend its application in their territory.
Amendment 375 #
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) remuneration, including overtime rates; this point does not apply to supplementary occupational retirement pension schemes and social security contributions, all calculated in accordance with the criteria of the country where the posting takes place;
Amendment 407 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/CE
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 arbitration awards within the meaning of paragraph 8 second subparagraph, in the Member State to whose territory the worker is posted or the conditions laid down in the contract concluded between the parties.
Amendment 429 #
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 1 – paragraph 1 – subparagraph 3
Article 1 – 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 hourly remuneration in accordance with point (c). Member States shall ensure that all measures taken pursuant to this Directive are justified, proportional, do not create red tape for businesses, protect workers and help to combat improper practices.
Amendment 471 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c
Article 1 – paragraph 1 – point 2 – point c
Directive 96/71/CE
Article 3 – paragraph 1 b
Article 3 – paragraph 1 b
1b. MTember States shall provide that the undertakings referred to in Article 1(3)(c) guarantee posted workers the terms and conditions which apply pursuant to Art. 5 Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work to temporary workers hired-out by temporary agencies established in the Member State where the work is carried outporary agencies may not, when going about their business, make use of the worker posting arrangements provided for in this Directive.
Amendment 483 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Directive 96/71/EC
Article 3 – paragraph 9
Article 3 – paragraph 9
Amendment 494 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point e
Article 1 – paragraph 1 – point 2 – point e
Directive 96/71/EC
Article 3 – paragraph 10 – subparagraph 2
Article 3 – paragraph 10 – subparagraph 2
Amendment 520 #
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [two years after adoption] at the latest and after verification of the results of the implementation of Directive 2014/67/EU, which, in accordance with Article 24 thereof, should take place by 18 June 2019 at the latest. They shall forthwith communicate to the Commission the text of those provisions.