Richard FALBR
Constituencies
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Czech Republic
Česká strana sociálně demokratická
2009/07/14 - 9999/12/31
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Czech Republic
Česká strana sociálně demokratická
2004/07/20 - 2009/07/13
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Czech Republic
Česká strana sociálně demokratická
2004/07/20 - 2009/07/13
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Czech Republic
Česká strana sociálně demokratická
2004/05/01 - 2004/07/19
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Czech Republic
Česká strana sociálně demokratická
2004/05/01 - 2004/07/19
Groups
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S&D
Member
Group of the Progressive Alliance of Socialists and Democrats in the European Parliament
2009/07/14 - 9999/12/31
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PSE
Member
Socialist Group in the European Parliament
2004/07/20 - 2009/07/13
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PSE
Member
Group of the Party of European Socialists
2004/05/01 - 2004/07/19
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PSE
Observer
Group of the Party of European Socialists
2003/04/23 - 2004/04/30
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PSE
Member
Group of the Party of European Socialists
2004/05/01 - 2004/07/19
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PSE
Member
Socialist Group in the European Parliament
2004/07/20 - 2009/07/13
Committees
| Role | Committee | Start | End |
|---|---|---|---|
| Member of | Committee on Employment and Social Affairs | 2012/01/19 | 9999/12/31 |
| Substitute of | Committee on Regional Development | 2012/01/19 | 9999/12/31 |
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Delegations
| Role | Delegation | Start | End |
|---|---|---|---|
| Vice-Chair of | Delegation to the EU-Former Yugoslav Republic of Macedonia Joint Parliamentary Committee | 2013/02/06 | 9999/12/31 |
| Substitute of | Delegation to the EU-Armenia, EU-Azerbaijan and EU-Georgia Parliamentary Cooperation Committees | 2009/09/16 | 9999/12/31 |
| Substitute of | Delegation to the Euronest Parliamentary Assembly | 2010/05/18 | 9999/12/31 |
Show earlier delegations...
| Role | Delegation | Start | End |
|---|---|---|---|
| Member of | Delegation to the EU-Former Yugoslav Republic of Macedonia Joint Parliamentary Committee | 2012/09/12 | 2013/02/05 |
| Member of | Delegation for relations with Belarus | 2009/09/16 | 2012/09/11 |
| Member of | Delegation for relations with the countries of Central America | 2007/03/14 | 2009/07/13 |
| Substitute of | Delegation for relations with Mercosur | 2007/03/14 | 2009/07/13 |
| Member of | Delegation for relations with the countries of Central America | 2004/09/15 | 2007/03/13 |
| Substitute of | Delegation for relations with Mercosur | 2004/09/15 | 2007/03/13 |
| Member of | Delegation for relations with the countries of Central America | 2004/09/15 | 2007/03/13 |
| Substitute of | Delegation for relations with Mercosur | 2004/09/15 | 2007/03/13 |
| Member of | Delegation for relations with the countries of Central America | 2007/03/14 | 2009/07/13 |
| Substitute of | Delegation for relations with Mercosur | 2007/03/14 | 2009/07/13 |
Contact
Online
- Homepage
- http://www.falbr.cz/
- [javascript protected email address]
Brussels
- Phone
- +322 28 45470
- Fax
- +322 28 49470
- Office
- Bât. Altiero Spinelli 14G107
- Full Address
-
- City
- Bruxelles/Brussel
- Zip
- B-1047
- Street
- 60, rue Wiertz / Wiertzstraat 60
Strasbourg
- Phone
- +333 88 1 75470
- Fax
- +333 88 1 79470
- Office
- Bât. Louise Weiss T07067
- Full Address
-
- City
- Strasbourg
- Zip
- CS 91024 - F-67070
- Street
- 1, avenue du Président Robert Schuman
Postal
- Evropský parlament
- Rue Wiertz
- Altiero Spinelli 14G107
- B-1047 Brusel
Rapporteur
| Responsible | 2010/2205(INI) | External dimension of social policy, promoting labour and social standards and the European Corporate Social Responsibility |
| Responsible | 2009/2223(INI) | External dimension of social policy, promoting labour and social standards and the European Corporate Social Responsibility |
Born
1940/09/29 Chester- Doctor of Jurisprudence (Law Faculty of Charles University, Prague, 1969).
- Foreign-language correspondent (1959-1963). Language teacher (1963-1969). Trade union lawyer (1970-1989). Lawyer (1989-1990).
- Vice-Chairman of ČSSD (Czech Social Democratic Party) (1991-1992). Chairman of the Bohemian-Moravian Service Workers' Trade Union (1990-1998). Vice-Chairman of the Czech and Slovak Confederation of Trade Unions (1990-1994). Chairman of the Bohemian-Moravian Confederation of Trade Unions (1994-2002).
- Member of the administration of the International Confederation of Free Trade Unions (1992-2002). Member of the Governing Body of the International Labour Organisation (1993-2002). Member of the administration of the Trade Union European Confederation (1995-2002).
- Senator (1996-2004); Member of the Committee on Legal and Constitutional Affairs of the Senate of the Parliament of the Czech Republic (1996-2004). Vice-Chairman of the Committee on Legal and Constitutional Affairs of the Senate of the Parliament of the Czech Republic (1998-2002). Member of the Committee on Mandate and Parliamentary Privilege of the Senate of the Parliament of the Czech Republic (2002-2004). Member of the Standing Senate Commission on the Constitution of the Czech Republic (2002-2004).
- Observer at the European Parliament (2003-2004). Member of the European Parliament (2004-).
Amendments
| Amendments | Dossier |
| 16 |
2010/2205(INI) External dimension of social policy, promoting labour and social standards and the European Corporate Social Responsibility
2011/02/21
EMPL
16 amendments...
Amendment 8 #
Motion for a resolution Citation 9 c (new) - having regard to the Declaration on Social Justice for a Fair Globalisation adopted by consensus of the 183 Member States of the ILO in 2008,
Amendment 15 #
Motion for a resolution Citation 27 c (new) - having regard to the renewed European Social Agenda of 2 July 2008 (COM(2008) 412),
Amendment 29 #
Motion for a resolution Recital G G. whereas some developing countries say that they are under pressure to give up their comparative advantage when the Union requests compliance with international labour standards despite the international consensus reflected in the 2008 ILO Declaration on Social Justice for a Fair Globalisation, that prohibits to invoke or otherwise use the violation of fundamental principles and rights at work as legitimate comparative advantages and insists that labour standards should not be used for protectionist trade purposes,
Amendment 55 #
Motion for a resolution Recital L L. whereas the role of the ILO in setting new standards has been significantly weakened in recent years and is usually reduced to the adoption of declarations that are subsequently not respected, despite the involvement of the ILO in the G20, the global recognition of the Decent Work Agenda and the inclusion of employment and decent work in Millennium Development Goal No 1,
Amendment 62 #
Motion for a resolution Recital O c (new) O c. whereas the ratification and application of ILO Conventions, classified by the ILO as up to date, have to be promoted with a view to achieving a progressively increasing coverage of the four pillars of decent work which are employment, social protection, social dialogue and rights at work, with a special emphasis on the social governance Conventions Nos 81 and Nos 129 on labour inspection, Nos122 on employment policy and Nos 144 on tripartite consultations;
Amendment 63 #
Motion for a resolution Recital O d (new) O d. whereas the European Social Agenda of 2 July 2008 (COM(2008) 412) called for renewed efforts by EU Member States to ratify and apply ILO Conventions classified by ILO as up to date with a view to set an example for partners in the world;
Amendment 64 #
Motion for a resolution Recital O e (new) O e. whereas the effective application of international labour standards is negatively affected in many countries by weak labour administrations and lack of capacity of social partners,
Amendment 65 #
Motion for a resolution Recital O f (new) O f. whereas the ILO Global Employment Trends 2011 estimates that, in 2009, on a global level, 50.1% of all workers, i.e.1.53 billion, are in vulnerable employment[1] and whereas the financial and economic crisis has stopped and reversed the drop in vulnerable employment as recorded before 2008, [1] Vulnerable employment: the sum of own-account workers and unpaid family workers. The vulnerable employment indicator is one of the official Millenium Development Goals employment indicators under Goal 1: Eradicate extreme poverty and hunger
Amendment 66 #
Motion for a resolution Recital O g (new) O g. whereas the Global Social Security Report of the ILO of 2010 states that over 50% of all workers have no social protection and whereas there is renewed interest in extending social protection coverage including the promotion of the social security systems,
Amendment 74 #
Motion for a resolution Paragraph 6 6. Emphasises that the European social model offers equal opportunities in education, training and the labour market as well as equal access to social services as major pillars of economic success;
Amendment 86 #
Motion for a resolution Paragraph 9 9. Advocates that the Union refrains from trade agreements with countries with production facilities in export processing zones, and at the same time considers exceptionally alarming the growing number of agency workers and their exploitation in the industrial zones in some Member States because of the lack of an effective national legal framework and poor enforcement;
Amendment 100 #
Motion for a resolution Paragraph 13 13. Underlines that the Union's expenditure in the framework of development cooperation, association or stability agreements and trade agreements brings about unique chances to assist the partner countries in putting in place viable education
Amendment 104 #
Motion for a resolution Paragraph 13 b (new) 13b. Insist that the Commission and the Member States' development cooperation and assistance supports the implementation of country decent work programmes, reflecting the national needs and priorities in relation to employment and social policy, and based on a tripartite agreement between employers, workers and the government;
Amendment 126 #
Motion for a resolution Paragraph 18 18. Takes the view that CSR is a useful, albeit non-binding form of behaviour of multinational companies; recommends further and more targeted development of CSR through, inter alia, the ISO 26000 Standard and by linking CSR to wider initiatives promoting decent work in a sector, in communities, at country and regional level such as the ILO Better Work and SCORE programme involving workers, employers, authorities and other relevant stakeholders;
Amendment 138 #
Motion for a resolution Paragraph 22 22. Recalls the EU guidelines on various human rights issues, which represent a strong political signal that these are priorities for the Union; asks the Council therefore to adopt similar guidelines based on the
Amendment 149 #
Motion for a resolution Paragraph 24 24. Requests from the Commission a recommendation to EU Member States in favour of the implementation and ratification of ILO
source: PE-458.761
|
| 130 |
2012/0061(COD) Posting of workers in the framework of the provision of services: enforcement of Directive 96/71/EC
2013/01/17
EMPL
34 amendments...
Amendment 60 #
Proposal for a directive Citation 1 Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1), 62, 151 and
Amendment 62 #
Proposal for a directive Citation 1 a (new) Having regard to the Charter of Fundamental Rights of the European Union, and in particular Articles 15, 21 and 28 thereof,
Amendment 65 #
Proposal for a directive Recital 1 (1) Pursuant to Article 3(3) TEU, the internal market is not an end in itself, but a means to achieve social progress. The free movement of workers, the freedom of establishment and the freedom to provide services are fundamental principles of the internal market
Amendment 74 #
Proposal for a directive Recital 3 (3) With respect to workers temporarily posted to carry out work in order to provide services in another Member State than the one in which they habitually carry out their work, Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services establishes a core set of clearly defined terms and conditions of work and employment which must at least be complied with by the service provider in the Member State to which the posting takes place to ensure the minimum protection of the posted workers concerned.
Amendment 75 #
Proposal for a directive Recital 3 a (new) (3a) This directive aims at better enforcement of Directive 96/71/EC. Therefore, the provision laid down in this directive shall be applicable without prejudice to Articles 4 and 5 of Directive 96/71/EC.
Amendment 78 #
Proposal for a directive Recital 3 b (new) (3b) The key characteristic of genuine posting is that the workers concerned are not seeking permanent access to the labour market of the host Member State to which they are posted.
Amendment 79 #
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.
Amendment 83 #
Proposal for a directive Recital 4 (4) In order to prevent, avoid and combat circumvention and/or abuse of the applicable rules by companies taking improper or fraudulent advantage of the freedom to provide services enshrined in the Treaty and/or the application of Directive 96/71/EC the implementation and monitoring of the notion of posting should be improved and the risk of contradictions in the application of EU law reduced.
Amendment 88 #
Proposal for a directive Recital 6 (6) As is the case with Directive 96/71/EC, this Directive should not prejudice the application of the law which, under Article 8 of the Rome I Regulation, applies to individual employment contracts, or the application of Regulation No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems
Amendment 94 #
Proposal for a directive Recital 8 (8) T
Amendment 99 #
Proposal for a directive Recital 9 (9) For the purpose of ensuring that a posted worker receives the correct pay
Amendment 101 #
Proposal for a directive Recital 9 a (new) (9a) This Directive, Directive 96/71/EC and Directive 2008/104/EC should guarantee that temporary agency workers who are also posted workers benefit from the most advantageous terms and conditions of employment.
Amendment 105 #
Proposal for a directive Recital 10 (10) Adequate and effective implementation and enforcement are key elements in protecting the rights of posted workers, whereas poor enforcement undermines the effectiveness of the Union rules applicable in this area. Close cooperation between the Commission and the Member States is therefore essential, w
Amendment 109 #
Proposal for a directive Recital 10 a (new) (10a) Effective, regular and flexible labour inspections are essential and adequate funding should be provided in order for the competent authorities to detect and combat misuse and circumvention. Member States should be entitled to perform any controls needed in order to fully comply with Article 5 in 96/71/EC and the provisions in this Directive.
Amendment 113 #
Proposal for a directive Recital 10 b (new) (10b) Posted workers should not be used to replace workers on strike.
Amendment 117 #
Proposal for a directive Recital 11 a (new) (11a) Member States should take appropriate measures in order to prevent the misuse and/or circumvention of Directive 96/71/EC and this Directive by undertakings for the purpose of depriving posted workers of their rights or the withholding of such rights. In particular, posted workers sent to replace workers on strike, successive assignments to the same post and bogus self employment should be prevented.
Amendment 118 #
Proposal for a directive Recital 11 b (new) (11b) Competent authorities should make an overall assessment of all factual elements in order to determine if an undertaking is genuinely established in a Member State other than the one to which it directs its services. Member States should ensure that the undertakings provide the necessary evidence. If it cannot be established that genuine substantial activity are carried out in the Member State of establishment, the undertaking should, for the purpose of this Directive and Directive 96/71/EC, be considered as established in the Member State to which the posting takes place.
Amendment 119 #
Proposal for a directive Recital 11 c (new) (11c) In order to assess whether a posted worker is temporarily carrying out his or her work in a Member State other than the one in which he or she normally works, all elements characterizing such work and the situation of the worker should be examined. Member States should ensure that undertakings provide the necessary evidence. If it cannot be established that a worker is a posted worker within the meaning of this Directive and Directive 96/71/EC, he/she should be considered as habitually employed in the Member State to which the posting takes place, within the meaning of Regulation No 593/2008.
Amendment 120 #
Proposal for a directive Recital 11 d (new) (11d) In case terms and conditions of employment in the Member State of establishment and/or the Member State to which the posting takes place are more favourable to posted workers than this Directive and/or Directive 96/71/EC, the more favourable terms and conditions should apply.
Amendment 131 #
Proposal for a directive Recital 14 (14) Member States obligations to make information on terms and conditions of employment generally available and to provide effective access free of charge to it, not only to service providers from other Member States, but also to the posted workers concerned, should be further concretised.
Amendment 133 #
Proposal for a directive Recital 14 a (new) (14a) Posted workers have an individual right to information and advice on the applicable terms and conditions of work and employment. It is the responsibility of the Member States to set up appropriate bodies to which posted workers can turn in this respect.
Amendment 144 #
Proposal for a directive Recital 16 (16) In order to ensure the correct application of, and to monitor compliance with, the substantive rules on the terms and conditions of employment to be respected with regard to posted workers, Member States should apply
Amendment 152 #
Proposal for a directive Recital 17 (17) A comprehensive and effective system of preventive and control measures, together with deterrent penalties to identify and prevent individual instances of bogus self-
Amendment 154 #
Proposal for a directive Recital 17 a (new) (17a) In order to combat bogus self- employment and other violations of existing legislation, a European register should be set up for companies that have repeatedly violated the rules laid down in this Directive and Directive 96/71/EC. The purpose of the register should also be to ensure a level playing field and fair competition among companies.
Amendment 156 #
Proposal for a directive Recital 18 (18) To ensure better and more uniform application of Directive 96/71/EC as well as its enforcement in practice
Amendment 159 #
Proposal for a directive Recital 20 Amendment 164 #
Proposal for a directive Recital 23 (23) To facilitate the enforcement of Directive 96/71/EC and ensure more effective application of it, effective complaint mechanisms should exist through which posted workers may lodge complaints or engage in proceedings either directly or through relevant designated third parties, such as trade unions or other associations as well as common institutions of social partners. This should be without prejudice to national rules of procedure concerning representation and defence before the courts. Trade unions should have a right of collective action and the possibility of representative action.
Amendment 172 #
Proposal for a directive Recital 24 (24)
Amendment 181 #
Proposal for a directive Recital 25 Amendment 192 #
Proposal for a directive Recital 26 Amendment 199 #
Proposal for a directive Recital 26 a (new) (26a) This Directive and Directive 96/71/EC apply also to transport undertakings other than those engaged in maritime transport, which post workers to other Member States, including air and freight transport as well as cabotage operations as recognised in recital 17 of Regulation No 1072/2009/EC of the European Parliament and of the Council on common rules for access to the international road haulage market.
Amendment 208 #
Proposal for a directive Recital 32 (32) Member States should take appropriate measures in the event of failure to comply with the obligations laid down in this Directive, including administrative and judicial procedures, and should provide for effective, dissuasive and proportionate penalties for any breaches of the obligations under this Directive. Insufficient cooperation between Member States remains a problem in enforcing Directive 96/71/EC. This hinders the creation of a level playing field for companies and the protection of workers. In the case of Member States failing to live up to the provisions laid down in this Directive and Directive 96/71/EC, the Commission should, in accordance with the Treaty of the European Union, take legal action.
Amendment 213 #
Proposal for a directive Recital 33 (33) This Directive and Directive 96/71/EC respect
Amendment 215 #
Proposal for a directive Recital 33 a (new) (33a) Fundamental social rights should not be called into question on grounds of economic freedoms. Therefore this Directive should strengthen the enforcement of Directive 96/71/EC in particular in light of legal uncertainties resulting from the judgments of the European Court of Justice notably Viking (C-438/05), Laval (C-341/05), Rüffert (C- 346/06) and Luxembourg (C-319/06).
source: PE-500.574
2013/01/21
EMPL
96 amendments...
Amendment 217 #
Proposal for a directive Article 1 – paragraph 1 – subparagraph 1 1. This Directive establishes a
Amendment 220 #
Proposal for a directive Article 1 – paragraph 1 – subparagraph 1 a (new) This Directive clarifies which measures fall under the public policy provisions, which are provisions covering those mandatory rules from which there can be no derogation and which, by their nature and objective, meet the imperative requirements of the public interest.
Amendment 223 #
Proposal for a directive Article 1 – paragraph 1 – subparagraph 2 This Directive aims to guarantee respect for an appropriate level of
Amendment 226 #
Proposal for a directive Article 1 – paragraph 1 – subparagraph 2 a (new) This Directive does not affect in any way the competences of the Member States to define mandatory labour standards and working conditions for all workers pursuing labour on their territory as stated in Article 3 (10) of Directive 96/71 as long as these standards are not protectionist or discriminatory.
Amendment 230 #
Proposal for a directive Article 1 – paragraph 2 2. This Directive shall not affect in any way the exercise of fundamental rights as recognised in Member States a
Amendment 237 #
Proposal for a directive Article 1 a (new) Article 1 a Relationship with Union law 1. This Directive and Directive 96/71/EC apply without prejudice to more favourable treatment of workers provided for in other Union law instruments. 2. In case of conflict between this Directive and Directive 96/71/EC on the one hand and Directive 2008/14/EC on temporary agency work on the other hand, priority shall be given to the instrument which guarantees the worker the most favourable treatment with regard to terms and conditions of employment.
Amendment 239 #
Proposal for a directive Article 2 – paragraph 1 – point a (a)
Amendment 250 #
Proposal for a directive Article 3 – title Amendment 255 #
Proposal for a directive Article 3 – paragraph 1 – subparagraph 1 – introductory part 1. For the purpose of implementing, applying and enforcing Directive 96/71/EC the competent authorities shall
Amendment 268 #
Proposal for a directive Article 3 – paragraph 1 – subparagraph 1 – point a (a) the place where the undertaking
Amendment 275 #
Proposal for a directive Article 3 – paragraph 1 – subparagraph 1 – point a a (new) (a a) the place where the undertaking pays taxes and social security contributions,
Amendment 276 #
Proposal for a directive Article 3 – paragraph 1 – subparagraph 1 – point a b (new) (a b) the generation of more than 25% turnover in the Member State of establishment,
Amendment 279 #
Proposal for a directive Article 3 – paragraph 1 – subparagraph 1 – point b (b) the place where posted workers are recruited and usually employed,
Amendment 283 #
Proposal for a directive Article 3 – paragraph 1 – subparagraph 1 – point c (c) the
Amendment 312 #
Proposal for a directive Article 3 – paragraph 1 – subparagraph 2 a (new) If a subcontractor fails to prove that it performs genuine substantial activities within the meaning of this article in its Member State of establishment, its posted workers shall be presumed to be employed by the contracting undertaking with application of all statutory and collectively agreed rights and obligations in the host Member State.
Amendment 318 #
Proposal for a directive Article 3 – paragraph 2 – subparagraph 2 – introductory part Amendment 333 #
Proposal for a directive Article 3 – paragraph 2 – subparagraph 2 – point a (a) the work is carried out for a limited period of time
Amendment 338 #
Proposal for a directive Article 3 – paragraph 2 – subparagraph 2 – point b (b) the posting takes place to a Member State other than the one in or from which the posted worker habitually carries out his or her work
Amendment 341 #
Proposal for a directive Article 3 – paragraph 2 – subparagraph 2 – point b a (new) (b a) an employment relationship exists with the worker in accordance with the legislation of the Member State of establishment for at least three months prior to the posting;
Amendment 342 #
Proposal for a directive Article 3 – paragraph 2 – subparagraph 2 – point b b (new) (b b) the posting takes place from the Member State in which the worker habitually carries out his or her work and the employment relationship has not just been entered into for the posting;
Amendment 346 #
Proposal for a directive Article 3 – paragraph 2 – subparagraph 2 – point c (c) the posted worker returns or is expected to resume working
Amendment 358 #
Proposal for a directive Article 3 – paragraph 2 – subparagraph 2 – point d (d) travel, board and lodging/accommodation is provided or reimbursed by the employer who posts the worker, and if so, how this is done
Amendment 361 #
Proposal for a directive Article 3 – paragraph 2 – subparagraph 2 – point e Amendment 379 #
Proposal for a directive Article 3 – paragraph 2 – subparagraph 3 All the factual elements enumerated above
Amendment 392 #
Proposal for a directive Article 3 – paragraph 2 a (new) 2a. When verifying a self-employment status in the host Member State the following criteria shall be taken into consideration in particular: (a) Remuneration and the existence of a link of subordination between a worker and an undertaking; (b) Employment activities before moving to the host Member State; (c) Fulfilment of business requirements in the Member State of establishment and means to continue the business after the return to the Member State of establishment. (d) Maintenance of an office in the Member State of establishment; (e) Payment of taxes in the Member State of establishment; (f) Possession of a VAT number in the Member State of establishment; (g) Registration with chambers of commerce or professional bodies in the Member State of establishment; (h) Entrepreneurial skills.
Amendment 397 #
Proposal for a directive Article 3 – paragraph 2 b (new) 2b. Member States shall ensure that travel, board and lodging/accommodation are organized and paid for by the employer or that the reimbursement of these costs is guaranteed. In the latter case the employer shall clearly state in the contract with the posted worker how this will take place. Wages shall be paid by the employer via bank transfer to an account in the name of the posted worker. The posted worker shall benefit from adequate accommodation, pursuant to national legislation and practice that ensures a decent standard of living for the duration of posting. These provisions shall be without prejudice to the possibility for posted workers to freely choose their own accommodation. The posted worker shall be given a rental contract or equivalent document in which the conditions and cost of the accommodation are clearly stated for the duration of posting. If the posted worker is required to pay rent for such accommodation, its cost shall not be excessive in relation to their net remuneration nor to the quality of the accommodation and it shall not be automatically deducted from their wage.
Amendment 403 #
Proposal for a directive Article 3 a (new) Article 3a Prevention of misuse and circumvention 1. Member States shall take appropriate measures with a view to preventing the misuse and/or circumvention of this Article for the purpose of depriving workers of their rights or withholding such rights. In particular: (a) repeated periods during which the post is filled by the same or another posted worker shall be prevented; (b) posted workers shall not be used to replace workers who are on strike; 2. In order to prevent the systematic abuse of the common rules for access to the international road haulage market, as given by Regulation 1072/2009/EC, especially concerning cabotage, a driver in a vehicle used for international freight transport and in cabotage according to Article 8 of Regulation 1072/2009/EC, shall be covered by the provisions of Article 3; 3. Natural and legal persons, who repeatedly seriously violate the provisions of Directive 96/71/EC and this Directive, will be centrally recorded at national and Union level. 4. A European Labour Inspection shall be set up to enhance cooperation between national Labour Inspections and to inspect, in cooperation with national authorities, working places with cross- borders issues;
Amendment 406 #
Proposal for a directive Article 3 b (new) Article 3b Applicable law 1. Where it is not established that an undertaking performs genuine substantial activity in the Member State of establishment in accordance with Article 3.1, the undertaking shall be considered to be established in the Member State where it provides the service. 2. Where it is not established that a posted worker is temporarily carrying out work in a Member State other than the one in which he normally works in accordance with Article 3.2, the habitual place of employment, and thus the applicable terms and conditions of employment, shall be those of the Member State where the service is provided. 3. Terms and conditions of employment, as provided for in the national laws and collective agreements of the Member State of establishment and/or the Member State where the service is provided, which are more favourable to workers shall apply. 4. In the event of absence, lack or incompletion of documents such as the ones referred to in Article 3 of Directive 91/533 or the A1 certificate concerning the social security legislation, as stipulated for posted workers by Regulation 883/2004 and implementing Regulation 987/2009, the situation should not be characterised as one of 'temporarily posting' to another Member State, and thus the applicable terms and conditions of employment, shall be those of the Member State where the service is provided.
Amendment 413 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall take the appropriate measures to ensure that the information on the terms and conditions of employment
Amendment 421 #
Proposal for a directive Article 5 – paragraph 2 – point a (a) indicate clearly, in a detailed and user friendly manner and accessible format on national websites and other means which terms and conditions of employment and/or which parts of their (national and/or regional) legislation have to be applied to workers posted to their territory;
Amendment 424 #
Proposal for a directive Article 5 – paragraph 2 – point b (b) take the necessary measures to make generally available on
Amendment 429 #
Proposal for a directive Article 5 – paragraph 2 – point c (c) make the information available to workers and service providers in
Amendment 443 #
Proposal for a directive Article 5 – paragraph 2 – point e (e) indicate
Amendment 448 #
Proposal for a directive Article 5 – paragraph 4 4. Where, in accordance with national law, traditions and practices and with full respect for the autonomy of the social partners, the terms and conditions of employment referred to in Article 3 of Directive 96/71/EC are laid down in collective agreements in accordance with
Amendment 454 #
Proposal for a directive Article 5 – paragraph 4 a (new) 4a. Commission and Member States shall ensure adequate support for joint initiatives of the relevant social partners at the European and national level aimed to inform undertakings and workers on the applicable terms and conditions laid down in this Directive and Directive 96/71/EC.
Amendment 458 #
Proposal for a directive Article 5 a (new) Article 5a Workers' access to information and advice 1. Posted workers shall have an independent right to information and advice on the applicable terms and conditions of work and employment provided by the receiving Member State in the desired official EU language. 2. Member States shall ensure that suitable contact points and bodies are available to which workers can turn for information, advice and support concerning their rights. This applies both to the receiving Member States and the sending Member States. 3. In case a Member State gives this task to a third party adequate funding must be ensured.
Amendment 461 #
Proposal for a directive Article 5 b (new) Article 5b Temporary Information and consultation body for transnational workplaces 1. Member States shall ensure that a temporary transnational information and consultation body for transnational workplaces is established when at least two foreign service providers are posting workers to a workplace in order to inform and consult posted workers about their rights. 2. The central or local management of the main contractor shall be responsible to inform immediately the local workers representative bodies and initiate negotiations for the establishment of a temporary information and consultation body for transnational workplaces. The Member States shall determine the rules of procedure in accordance with the national practices. 3. The temporary information and consultation body for transnational workplaces shall be established for the whole duration of the workplace from the moment when at least two foreign services providers have posted workers on the workplace. 4. The temporary information and consultation body for transnational workplaces will be composed of representatives from the management of the main contractors and employee representatives.
Amendment 465 #
Proposal for a directive Article 6 – paragraph 2 2. The cooperation of the Member States shall in particular consist in replying to
Amendment 474 #
Proposal for a directive Article 6 – paragraph 4 4. In the event of difficulty in meeting a request for information or in carrying out checks, inspections or investigations, the Member State in question shall rapidly inform the requesting Member State with a view to finding a solution as quickly as possible. Any permanent refusal to provide the requested data shall be considered an infringement to the EU law, as defined in TFEU Articles 258 and following.
Amendment 480 #
Proposal for a directive Article 6 – paragraph 5 – subparagraph 1 a (new) Cases in which Member States refuse to provide requested information shall be recorded by the Commission, including the responsible authorities involved.
Amendment 482 #
Proposal for a directive Article 6 – paragraph 5 – subparagraph 2 A specific urgency mechanism shall be used for special situations where a Member State becomes aware of particular circumstances requiring urgent action. In such circumstances, the information shall be submitted within 24 hours. This urgency mechanism shall be used where it is suspected that an undertaking does not genuinely perform substantial activities in the Member State of establishment in accordance with Article 3 of this Directive.
Amendment 485 #
Proposal for a directive Article 6 – paragraph 5 – subparagraph 2 a (new) This Article shall not preclude competent authorities in the host Member State from taking immediate measures to investigate, prevent and sanction social fraud.
Amendment 488 #
Proposal for a directive Article 6 – paragraph 7 7. Member States shall ensure the confidentiality of the information which they exchange
Amendment 491 #
Proposal for a directive Article 6 – paragraph 9 Amendment 496 #
Proposal for a directive Article 7 – title Role of the Member State
Amendment 499 #
Proposal for a directive Article 7 – paragraph 1 Amendment 502 #
Proposal for a directive Article 7 – paragraph 2 Amendment 504 #
Proposal for a directive Article 7 – paragraph 3 Amendment 507 #
Proposal for a directive Article 7 – paragraph 4 Amendment 513 #
Proposal for a directive Article 7 a (new) Article 7a 1. In accordance with Article 5 of the Directive 96/71/EC the Member State to which the posting takes place shall continue to control, monitor and take all the necessary supervisory or enforcement measures, in accordance with its national law and/or practice and administrative procedures, with respect to workers posted to its territory. 2. In accordance with the principles established in Article 4 and 5 of Directive 96/71/EC the Member State of establishment of the service provider shall also continue to control, monitor and take the necessary supervisory or enforcement measures, in accordance with its national law, practice and administrative procedures. To improve enforcement it shall support the competent authority of the Member State to which the posting takes place by providing in due time information on whether posting undertakings fulfil the minimum criteria outlined in Article 3 of this Directive and in Directive 96/71/EC. 3. Checks and controls shall be carried out by the authorities of the Member State to which the posting takes place in accordance with Article 10 and in conformity with the powers of supervision provided for in the Member State's national law, practice and administrative procedures. 4. Member States which discover that workers are being recruited solely for the purpose of posting to a third Member State or to work as bogus self-employed persons shall inform the competent authorities in the Member State to which the posting takes place without delay. 5. Member States shall provide the necessary resources in order to ensure effective checks and controls.
Amendment 518 #
Proposal for a directive Article 8 – paragraph 1 a (new) 1a. The competent authorities in the host Member State shall record the relevant data with regard to Article 9, paragraph 1 (a). The competent authorities in the Member State of establishment shall record the relevant data with regard to Article 3, paragraph 1 and with regard to the payment of social security contributions and taxes by the service provider. The competent authorities in the host Member State and in the Member State of establishment shall both forward their data to the European Commission (Eurostat) for summaries and regular public reporting.
Amendment 520 #
Proposal for a directive Article 8 – paragraph 2 2. The Commission shall
Amendment 533 #
Proposal for a directive Article 9 – paragraph 1 – introductory part 1. Member States
Amendment 542 #
Proposal for a directive Article 9 – paragraph 1 – point a (a) an obligation for a service provider established in another Member State to make a simple declaration to the responsible national competent authorities at the latest
Amendment 553 #
Proposal for a directive Article 9 – paragraph 1 – point a a (new) (aa) an obligation for the service provider to inform the responsible national competent authorities without delay: - in case the posting does not or has not taken place or was terminated ahead of schedule; - in case the service justifying the posting is interrupted; - in case the posted worker has been assigned by his employer to another undertaking, in particular in the event of a merger or a transfer of undertaking; - in case of any other changes related to the information provided according to Article 9.1 (a);
Amendment 555 #
Proposal for a directive Article 9 – paragraph 1 – point b (b) an obligation to keep or make available documents and/or retain copies in paper or electronic form for the competent authorities and the trade unions, at the place where the service is provided, during the period of service provision and up to two years after the period of service provision. This obligation concerns the following documents in particular: - a copy of the A1 form as proof of social security coverage in the home member state, - of the employment contract (or an equivalent document within the meaning of Directive 91/533, including, where appropriate or relevant, the additional information referred to in Article 4 of that Directive), - payslips, - time-sheets
Amendment 568 #
Proposal for a directive Article 9 – paragraph 1 – point c (c) a translation
Amendment 578 #
Proposal for a directive Article 9 – paragraph 1 – point c a (new) (ca) The Member State to which the posting takes place may require that the documents referred to under (b) and any additional mandatory documents are made available without delay to the competent national authorities.
Amendment 587 #
Proposal for a directive Article 9 – paragraph 1 – point d (d) an obligation to designate a
Amendment 597 #
Proposal for a directive Article 9 – paragraph 1 – point d a (new) (da) other administrative requirements and control measures without which competent authorities cannot carry out their supervisory tasks effectively. These requirements shall be made publicly available.
Amendment 604 #
Proposal for a directive Article 9 – paragraph 2 2. Member States shall ensure that the procedures and formalities relating to the posting of workers can be completed
Amendment 612 #
Proposal for a directive Article 9 – paragraph 3 3. Within three years after the date referred to in Article 20, the
Amendment 615 #
Proposal for a directive Article 9 – paragraph 3 a (new) 3a. The Member State of establishment and the Member State to which the posting takes place have both the competence to check the regularity of labour relations and working conditions. In cases of conflicting interpretations the law of the Member State to which the posting takes place prevails.
Amendment 616 #
Proposal for a directive Article 9 – paragraph 3 b (new) 3b. During the period of posting of a worker, inspection of the working conditions shall lie within the responsibility of the authorities or competent body of the Member State to which the posting takes place. They can carry out factual checks and controls on their own initiative and are not bound to any results of checks or controls carried out by the Member State of establishment.
Amendment 619 #
Proposal for a directive Article 10 – paragraph 1 1. Member States shall ensure that
Amendment 637 #
Proposal for a directive Article 10 – paragraph 2 2. Member States shall ensure that inspections and controls of compliance with this Directive and Directive 96/71/EC are not discriminatory and
Amendment 644 #
Proposal for a directive Article 10 – paragraph 2 a (new) 2a. Measures to control the application of Directive 96/71 and to detect abuses in relation to the posting of workers are to be considered public policy provisions in the meaning of Declaration No 10 on Article 3 (10) of Directive 96/71, recorded in the minutes of the Council of the European Union when Directive 96/71 was adopted. Provisions of Member States to fight undeclared labour and to prevent social dumping cannot be restricted on grounds of potentially hampering the freedom to provide services as long as they are not protectionist or discriminatory.
Amendment 652 #
Proposal for a directive Article 10 – paragraph 4 4. In Member States where, in accordance with national law and practice, the setting of the terms and conditions of employment of posted workers referred to in Article 3 of Directive 96/71/EC, and in particular the minimum rates of pay, including working time, is left to management and labour they may, at the appropriate level and subject to the conditions laid down by the Member States,
Amendment 662 #
Proposal for a directive Article 11 – paragraph 1 1. For the enforcement of the obligations under
Amendment 664 #
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,
Amendment 675 #
Proposal for a directive Article 11 – paragraph 4 4. Paragraphs 1 and 3 shall apply without prejudice to national rules on prescription deadlines or time limits for bringing similar actions and to national rules of procedure concerning representation and defence before the courts. However, a minimum period of at least six months for filing a claim shall be provided for under national rules of procedure.
Amendment 677 #
Proposal for a directive Article 11 – paragraph 5 – subparagraph 1 – introductory part Member States shall ensure that the necessary mechanisms are in place to ensure that posted workers
Amendment 680 #
Proposal for a directive Article 11 – paragraph 5 – subparagraph 1 – point a Amendment 686 #
Proposal for a directive Article 11 – paragraph 5 – subparagraph 1 – point b Amendment 692 #
Proposal for a directive Article 11 – paragraph 5 – subparagraph 2 This paragraph shall also apply in cases where the posted workers have returned from the Member State to which the posting took place and also in the case of bogus self-employment.
Amendment 697 #
Proposal for a directive Article 12 Amendment 700 #
Proposal for a directive Article 12 – paragraph 1 Amendment 701 #
Proposal for a directive Article 12 – paragraph 1 – subparagraph 1 Amendment 718 #
Proposal for a directive Article 12 – paragraph 1 – subparagraph 1 – point a Amendment 736 #
Proposal for a directive Article 12 – paragraph 1 – subparagraph 2 Amendment 744 #
Proposal for a directive Article 12 – paragraph 2 Amendment 755 #
Proposal for a directive Article 12 – paragraph 3 Amendment 764 #
Proposal for a directive Article 12 – paragraph 4 Amendment 770 #
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.
Amendment 774 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 1 2. The requesting authority may, in accordance with the laws, regulations and administrative practices in force in its own Member State, request the competent authority in another Member State to recover a penalty
Amendment 781 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 2 Amendment 783 #
Proposal for a directive Article 13 – paragraph 2 – subparagraph 3 Amendment 788 #
Proposal for a directive Article 13 – paragraph 2 a (new) 2a. If it emerges that the service provider is indeed not established in the Member State of alleged establishment or the address or company data are false, the competent authorities shall not terminate the process on formal grounds but further investigate the matter in order to establish the identity of the natural or legal person responsible for the posting.
Amendment 791 #
Proposal for a directive Article 14 – paragraph 2 2. For the purpose of recovery of a penalty
Amendment 794 #
Proposal for a directive Article 14 – paragraph 3 – subparagraph 1 3. The requested authority shall promptly inform the requesting authority of the action taken on its request for information, notification or recovery and, more specifically, of the date on which the instrument or decision was forwarded or notified to the addressee. The same shall apply if there are substantial obstacles to the request being successfully processed.
Amendment 802 #
Proposal for a directive Article 15 – paragraph 1 – subparagraph 1 1. If, in the course of the recovery or notification procedure, the fine, penalty and/or underlying claim is contested in the requesting Member State by the service provider concerned
Amendment 812 #
Proposal for a directive Article 18 – paragraph 1 1. The administrative cooperation and mutual assistance between the competent authorities of the Member States provided for in Articles 6, 7, 10(3), 13, 14 and 15 shall be implemented through the Internal Market Information System (IMI), established by [reference to IMI Regulation]
Amendment 819 #
Proposal for a directive Article 18 – paragraph 2 2. Member States may continue to apply bilateral arrangements or conclude new bilateral agreements concerning administrative cooperation between their competent authorities as regards the application and monitoring of the terms and conditions of employment applicable to posted workers referred to in Article 3 of Directive 96/71/EC, in so far as these arrangements do not adversely affect the rights and obligations of the workers and companies concerned.
Amendment 821 #
Proposal for a directive Article 18 – paragraph 3 Amendment 825 #
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.
Amendment 833 #
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
source: PE-504.078
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2012/2293(INI) Social housing in the European Union
2013/02/28
EMPL
1 amendments...
Amendment 243 #
Motion for a resolution Paragraph 16 – indent 3 – steps to address the difficulties commonly encountered by highly vulnerable sections of the population, such as
source: PE-506.094
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Richard FALBR on
Activities
Term 7 14.07.2009 / ...
Term 6 20.07.2004 - 13.07.2009
All references link to europarl.euHistory
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