AMENDMENTS 217 - 407 - Draft report on the proposal for a directive of the European Parliament and of the Council on the enforcement of directive 96/71/EC concerning the posting of workers in the framework of the provision of services

Version initale

1. For the purpose of implementing, applying and enforcing Directive 96/71/EC the competent authorities shall take into account factual elements characterising the activities carried out by an undertaking in the State in which it is established in order to determine whether it genuinely performs substantial activities, other than purely internal management and/or administrative activities . Such elements may include:

Amendement

1. For the purpose of implementing, applying and enforcing Directive 96/71/EC the competent authorities shall make an overall assessment of all factual elements characterising the activities carried out by an undertaking in the Member State in which it is established and, where necessary, in the Member State to which the posting takes place in order to determine whether it genuinely performs substantial activities, other than purely internal management and/or administrative activities in the Member State of establishment or the employment of staff only in the Member State to which the posting takes place. In particular, the following elements shall be taken into consideration: