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Pöördumise edastamine

Sotsiaalministeerium · 24. märts 2023
Viit
1.4-2/1311-1
Registreeritud
24. märts 2023
Dokumendi liik
Sissetulev kiri
Adressaat
ELA
Saabumis/saatmisviis
e-post
Funktsioon
1.4 EL otsustusprotsess ja rahvusvaheline koostöö
Sari
1.4-2 Rahvusvahelise koostöö korraldamisega seotud kirjavahetus (Arhiiviväärtuslik)
Toimik
1.4-2/2023
Vastutaja
Dana Kadanik (Sotsiaalministeerium, Kantsleri vastutusvaldkond, Tööala asekantsleri vastutusvaldkond, Töösuhete ja töökeskkonna osakond)
Lahendamise tähtaeg
14. aprill 2023

Failid

  • 📎Questionnaire - Implementation report 2018-957_V4.docx30 KB

Sisu (failidest)

Amending Posting Directive - Implementation Report Questionnaire for Member States and Social Partners Please reply to as many questions if you can. In case of Yes/No replies, please check the box ☒ in front of the suitable reply or replies and, when indicated, please also reply to additional questions, requests to deliberate further and to give some examples if necessary/requested. I Questions regarding Article 1 (1) (c) (ii) – C hain posting How does your Member State regulate the obligation to inform the temp orary work agency in case of a chain posting? For example, is there a specific form, is it done by specific mean s , can it be done only in a digital form ? ☐ By e-mail ☐ By mail/letter ☐ A specific form is provided ☐ Other (please specify) How have you regulated the timing of this information obligation? Does the information has to be given ☐ In due time ☐ Other timeframe (please specify): ☐ Timing is not regulated. Why? Have you introduced this information obligation ☐ as the Member State of establishment of the temporary agency ☐ as the Member State of establishment (or operation) of the user undertaking ☐ as the Member State where the activities are carried out as the result of the double or chain posting ☐ Undetermined. Can you bring some examples; h ow does it work in practice when your Member State is the final Member State where the activities are carried out as the result of the double/chain posting ? Are the new provisions on chain/double posting helpful to identify the employer? II Questions regarding Article 1 (2) (a) – R emuneration In your opinion, has there been an improvement in the situation of posted workers following the change from the “ minimum rate s of pay ” to the “remuneration”? ☐ Yes. Please elaborate. ☐ No. Why? Have you published on your single national official website the new terms and conditions of employment, including the remuneration and its constituent elements? ☐ Yes. ☐ No. Why? III Questions regarding Article 1 (2) (a) – Conditions of accommodation In your opinion h as the addition of the new term of employment regarding conditions of accommodation improved the situation of workers? ☐ Yes. Please elaborate. ☐ No. Why? In case applicable, what are the main problems identified during inspections when monitoring the conditions of accommodation? I V Questions regarding Article 1 (2) (b) - Long-term posting H ave you published on your single national official website terms and conditions of employment applicable to long-term posting? ☐ Yes. ☐ No. Why? 2.A. How must the motivated notification be submitted? ☐ Electronically (e-mail) ☐ Electronically (specific portal or electronic procedure ) ☐ Electronically (together with the posting declaration) ☐ By mail/letter ☐ Other (please specify) 2.B. When does the motivated notification have to be submitted? Is there a specific timeframe? Have your Member State encountered any problems with motivated notifications? ☐ Yes. Please specify . ☐ No Have you encountered any abuse or circumvention related to the replacement of worker when applying the principle of the “same task a t the same place”:? ☐ Yes. Please elaborate. ☐ No. V Question regarding Article 1 (2) (c) - Posting Allowances Does the national law and/ or practice of your Member State lay down the obligation for the employer to reimburse the posted worker of expenditure actually incurred on the account of the posting? ☐ Yes. Please elaborate. ☐ No. Why? VI Question s regarding Article 1 (2) (d) - Extended application of collective agreements C ould you indicate whether in your Member State the terms and conditions applicable in accordance with Article 3 of the Directive are laid down : ☐ by law, regulation or administrative provision ☐ by collective agreements or arbitration awards which have been declared universally applicable ☐ by collective agreements or arbitration awards which are generally applicable to all similar undertakings in the geographical area and in the profession or industry concerned ☐ by collective agreements which have been concluded by the most representative employers’ and labour organisations at national level and which are applied throughout national territory In case you have selected in the previous question the options 3 and/or 4, was it in addition to the system for declaring collective agreements or arbitration awards to be of universal application? ☐ Yes. ☐ No. VII Question regarding Article 1(2) (e) – Possibility for additional terms and conditions for temporary work agencies Have you made use of the option set up in Article 3(9) and are applying to posted workers “other terms and conditions” that apply to temporary agency workers in your Member State? ☐ Yes . Please specify which terms and conditions? ☐ No. Why? VIII Question regarding Article 1 (3) – A dministrative c ooperation on information Has your Member State made specific arrangement s for internal cooperation between national competent authorities, to obtain information that they do not possess from other authorities or bodies ? ☐ Yes . Please elaborate. ☐ No. Why? I X Questions regarding Article 1 (4) - Enforcement, penalties and worker protection What are the penalties /sanctions applicable in case of infringement s related to the provisions of this Directive? Are the general penalties applicable or are there specific penalties and for which provisions? Are there specific penalties / sanctions in case of posted third country nationals? X Question regarding article 2(2) (a) - further measures to ensure a level playing field and protect workers in the case of subcontracting Do you consider that further measures are necessary to ensure a level playing field and to protect workers? If so, which one(s)? ☐ Yes. Please elaborate. ☐ No. XI Question regarding further measures related to posting of third country national s Do you consider that specific measures related to the posting of third country nationals are necessary to ensure a level playing field and to protect workers? If so, which one(s)? ☐ Yes. Please elaborate. ☐ No. X I I Other comments Do you have any other comments you wish to make regarding the application and implementation of the Amending Directive? ☐ Yes. Please elaborate. ☐ No.
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