57 Amendments of Martina DLABAJOVÁ related to 2015/2255(INI)
Amendment 4 #
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to the fundamental freedom to provide services laid down in Article 56 TFEU,
Amendment 4 #
Draft opinion
Recital A
Recital A
A. whereas, in the transport sector, security, safety of passengers and high working conditions are interlinkedcertain working conditions may impact safety of passengers;
Amendment 7 #
Motion for a resolution
Citation 1 b (new)
Citation 1 b (new)
- having regard to the fundamental freedom of movement of workers laid down in Article 45 TFEU,
Amendment 8 #
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
- having regard to the on-going implementation of Directive 2014/67/EU,
Amendment 12 #
Draft opinion
Recital B
Recital B
B. whereas equal work, equal rightdecent working conditions and fair competition must bare at the heart of a well- functioning single market;
Amendment 17 #
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
- having regard to the adoption of the European Platform to enhance cooperation in the prevention and deterrence of undeclared work,
Amendment 33 #
Draft opinion
Paragraph 1
Paragraph 1
1. Calls on the Member States to swiftfully implement all relevant social legislation covering the transport sector; strongly urges the Commission to monitor more closely the implementation and proper enforcement of the existing legislation;
Amendment 35 #
Motion for a resolution
Recital A
Recital A
A. having regard to the increased trend towardsexistence of undeclared work, bogus and false self- employment, outsourcing and subcontracting, leading to an indecrease in precarious jobs and deterioratingd levels of worker protection,;
Amendment 54 #
Draft opinion
Paragraph 2
Paragraph 2
2. Recognises the economic growth and thus job-creating potential in the EU transport and tourism sectors; firmly believes that employment in the EU transport sector should be made more attractive for future generations; considers in particular that women’s participation must be boostencouraged;
Amendment 61 #
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to enhanceand the Member States to support enhancement of social dialogue in the transport sector as a whole;
Amendment 67 #
Motion for a resolution
Recital C
Recital C
C. whereas the Court of Justice of the European Union in its judgment in case C- 34/05 Laval of 18 December 200710 highlighted the legitimacy of the struggle against social dumpingright to undertake collective action against possible social dumping and emphasized that such action must be proportionate in order not to restrict the fundamental freedoms of the EU, such as the freedom to provide services, __________________ 10 http://curia.europa.eu/juris/showPdf.jsf?te xt=&docid=71925&pageIndex=0&doclang =EN&mode=lst&dir=&occ=first&part=1& cid=498309
Amendment 80 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas there is no clear, universally accepted definition of social dumping, whereas as a rule, the activities relating to social dumping are considered not to be in compliance with the minimum requirements of labour standards;
Amendment 83 #
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission and the Member States to suspend such business practices as precarious contracts (bogus self-employment, zero-hour contracts, pay-to-fly-schemes, etc.),Member States and the Commission, where relevant, to fight unfair business practices, non-standard forms of employment and the phenomena of letter-box companies and flags of convenience in order to ensure the social protection of workers;
Amendment 101 #
Motion for a resolution
Recital D
Recital D
D. having regard to the importance of the principle of 'equal pay and social protection for the same work at the same placefor equal work' for all European workers,;
Amendment 101 #
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for the introduction of appropriate control devices, using modern technology, for all transport modes for professional use so as to monitor working and rest time effectively, with a view to ensuring proper implementation of existing legislation; microcompanies, which have a limited range of operation and for whom this could lead to disproportionate costs, may be exempted;
Amendment 122 #
Draft opinion
Paragraph 6
Paragraph 6
6. Underlines the need forEncourages the Commission to treat social aspects as a major priority of the road package, including measures to ensure legal clarity and better implementation of rules governing working conditions, social and welfare rights, wages and social responsibility and social rights;
Amendment 139 #
Draft opinion
Paragraph 7
Paragraph 7
7. Calls for the EU and the Member States to cooperate across borders in relation to enforcement information, to givfacilitate monitoring authorities access to data registered in the Member States’ national electronic registers and in the European Register of Road Transport Undertaking (ERRU) and to consolidate the list of infringements leading to the loss of good repute of road transport operators by including illegal cabotage and non- compliance with Community social and labour legislation;
Amendment 150 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to submit a proposal for a directive based on ILO Convention No. 81 on labour inspectionWelcomes the ratification by the Member States of the ILO Convention No. 81 on labour inspections and the progress made by adopting the new European Platform to enhance cooperation in the prevention and deterrence of undeclared work; in this regard, recognizes the Commission's work in financing the mutual learning programmes for labour inspectors in the Member States and the progress made via SLIC system;
Amendment 158 #
Draft opinion
Paragraph 8
Paragraph 8
8. Calls foInvites to consider the creation of a European independent administrative authority, which could become a European Road Transport Agency, to ensure proper implementation of EU legislation and promote standardisation across all Member States, including the social dimension, such as working conditions and labour issues in road transportcooperation between all Member States on these issues;
Amendment 160 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Welcomes the Commission´s intention to evaluate EU OSH legislation as part of the Smart Regulation programme;
Amendment 169 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Member States to increase the staffing levels and resourcesefficiency of their labour inspectorates and their liaison offices, in particular for interpretation and translation;
Amendment 175 #
Draft opinion
Paragraph 9
Paragraph 9
9. Stresses that the social dimension of the Aviation Package published by the Commission must be strengthened as employment and working conditions are directly linked to the maintenance ofmay impact the safety and security of both passengers and staff; underlines furthermore, in this connection, the need for the Commission and the Member States to monitor and ensure proper enforcement of national social legislation and collective agreements for airlines having operational bases on EU territory;
Amendment 194 #
Draft opinion
Paragraph 10
Paragraph 10
10. StressUrges the need for a new groundhandling regulation, that will provide social protectCommission to evaluate as soon as possible the groundhandling services directive and if deemed necessary, propose its revision, including provisions for workers; calls for an improved Regulation (EC) No 1008/2008 to ensure binding application of national labour legislation foring conditions; calls for the applicable national labour legislation and EU legal instruments, such as the Posting of Workers Directive 96/71/EC and its Enforcement Directive 2014/67/EU , to be fully implemented to the airlines having European operational bases and to improvein the EU, calls for a review of the definition of ‘'homebase’' for crew members;
Amendment 195 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for the creation of a European body of cross-border labour inspectWelcomes the goals laid down by the European Platforsm to carry out on-the-spot checks in suspected cases of social dumping, including by identifying 'letterbox companies', which body woulenhance cooperation in the prevention and deterrence of undeclared work in coordination with the platform against undeclared work in order to limit the financial burden involveder to mitigate the consequences of undeclared work, to learn from the best practices as well as to share and exchange information of how to tackle it;
Amendment 211 #
Draft opinion
Paragraph 11
Paragraph 11
11. Considers that, in the maritime sector, the Commission should promote the recruNotes the Commission state aid provisions to support the European maritiment and retention of skilled European-based seafarers to stop European officers being replaced by crew from third countries; considers furthermore that the Commission should create provisions enabling EU-controlled tonnage to be returned to flags of EU Member State sector encouraging flagging or re-flagging in Member States' registers by means of favourable tax environments (tonnage tax); calls on the Member States to look into measures that encourage recruitment and retention of skilled European-based seafarers;
Amendment 220 #
Draft opinion
Paragraph 12
Paragraph 12
12. Stresses that, without prejudice to national and Union law, including collective agreements between social partners, the competent authority should require the designated provider of port and railway services to establish staff working conditions on the basis of binding national, regional or local social standards and to implement the compulsory transfer of staff in the event of a change in service provider;
Amendment 223 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls for the implementation by Member States of electronic systems for the registration of the prior declaration of posting missions, welcomes the functionalities of the EU IMI system;
Amendment 226 #
Draft opinion
Paragraph 13
Paragraph 13
Amendment 238 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to submit a proposal for a directive based on ILO Convention No. 189 concerning decent work for domestic workersNotes the Council of Ministers Decision authorising the EU Member States to ratify ILO Domestic Workers Convention No. 189 and calls on the Member States follow the decision;
Amendment 255 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Takes the view that the competent authorities should be able to suspend the provision of services in cases of serious breaches of legislation on postings; considers that the amount of the fines should exceed employees' contributions, in particular if minimum rates of pay for workers are not respected;
Amendment 274 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Requests that information on postings should not be retroactivebe up-to-date and correct and should be entered in a European electronic register; stresses that the competent authorities of the host Member State should be able to revise form A1 in the event of serious doubts about whether a posting is genuine; ;
Amendment 282 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls its appeal for the creationWelcomes looking into the efficiency of 'a forgery-proof European social security card (...) on which could be stored all the data needed to verify the bearer’'s employment relationship'11 ; wishes all as well as storing the information associated with the worker's postings to feature on this card; __________________ 11 http://www.europarl.europa.eu/sides/getDo c.do?pubRef=-//EP//TEXT+TA+P7-TA- 2014-0012+0+DOC+XML+V0//EN
Amendment 299 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. CRecalls for a public list to be drawn up of enterprises responsible for serious breaches of EU legislationthat attention should be drawn to serious breaches of EU and national legislation relating to posting of workers;
Amendment 318 #
Motion for a resolution
Subheading II
Subheading II
II. Addressing regulatory gaps in order to implement the principle of 'equal pay and equal social protection for the same work'the implementation of the posting of workers in the EU
Amendment 327 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. CRecalls on the Commission to combatobjectives of Directive 2014/67/EU in fighting the phenomenon of letterbox companies by, calls on applying more generally the principle that each company should have a single corporate headquarters; recalls the rejection by the Committee on Employment and Social Affairs of the proposal for a directive on single-person limited liability companiesbe able to exercise the fundamental freedom to establish itself and provide services across the EU;
Amendment 354 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that Directive 96/71/EC refers only tohave as a basis Articles 57 and 66 TFEU relating to the freedom to provide services and freedom of movement; believes that its legal basis must be complemented by Articles 151 and 153 TFEU;
Amendment 370 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the notion of 'minimum wage' contained in Directive 96/71/EC should be revised to ensure equal pay for posted workers and local workers in similar positionsis fundamental; stresses the needimportance to respect the collective agreements of the host country and to ensure, through the revision of Regulations (EC) No 883/2004 and (EC) No 987/2009, the payment of gross earnings corresponding to the remuneration paid by the employer before the deduction of taxes and social security contributions payable by employees and withheld by the employer; recalls that specific postings bonuses should be paid on top of remuneration;
Amendment 382 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the Commission to monitor the progress on the on-going implementation of the Enforcement Directive and to facilitate and assist Member States´ authorities with its implementation;
Amendment 390 #
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 413 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Believes that the forthcoming Labour Mobility Package should not re-open the Posting of Workers Directive without thorough prior consultation with businesses and social partners;
Amendment 416 #
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Is of the view that the principle "equal pay for equal work in the same place" is unrealistic in terms of its applicability in practice and could seriously impact labour mobility and free movement of services in the EU;
Amendment 433 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for increased controlsenforcement on the implementation of working time and rest times in transport ; calls for the introductionencourages the continued monitoring of automatic digital records and the development of 'smart tachographs' for all means of transport, including inland waterway transport; recalls the desire expressed in its resolution of 3 July 2012 on road transport that 'by 2020 all vehicles which are not exempted from the application of this Regulation in accordance with paragraphs 2 and 3 shall be fitted with a smart tachograph'12 ´; __________________ 12 www.europarl.europa.eu/sides/getDoc.do? type=TA&reference=P7-TA-2012- 0271&language=EN&ring=A7-2012- 0195#BKMD-7
Amendment 458 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls for the creation of aBelieves that creating one European transport agency bringing together existing agencies; takes the view that at the very least a specific road transport agency is needed could be looked into;
Amendment 467 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Asks the CommissionMember States to clarify the provisions so that a distinction can be drawregarding the distinction between employees and self- employed workers to combat 'bogus self employment'; emphasises that airline pilots and train drivers cannot be considered to be independent of the companies for which they workin the transport sector, also in view of combatting 'bogus self employment';
Amendment 496 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Believes that the rules on cabotage are not sufficiently precise, which facilitates the practice of some road operators of engaging in permanent cabotage; wishes cabotage operations to be subject to mandatory prior notification;
Amendment 517 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses the need for a new regulation on groundhandling at airports to ensure mandatory social and wage protection for workers in the event of new calls for tenders or the partial loss of work; supports the introduction of rules to ensuresocial protection for workers; calls for the effective implementation of laws with regard to airlines with 'operational bases' on the territory of a Member State; calls for thea clarification of the definition of '´home base'´ to better protect the social rights of cabin crews, in particular their rest periods;
Amendment 532 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on Member States to review their laws to eliminate precarious contracts called 'zero hour contracts' or 'pay to fly contracts'; believes that precarious working conditions are an additional safety riskprovide sufficient flexisecurity at the labour market;
Amendment 540 #
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 552 #
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 571 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission rapidly to draw up proposals toto continue combatting unfair competition in the; agrees that appropriate regulatory environment is needed for digital and sharinged economy;
Amendment 593 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Takes the view that a social protocol is necessary to ensure the primacy of fundamental rights over economic freedomsthe fundamental freedoms of the EU, such as the right of establishment and the freedom of movement of services have to be safeguarded;
Amendment 611 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recalls the Commission's commitment to proposing a basis of minimum social rights; emphasises that the establishment of criteria for comparing the various national social systemcommitments of all the Member States under the EU Charter of Fundamental Rights cannot provide such a basis, but can only serve as a preliminary analytical frameworkd the European Social Charter;
Amendment 626 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. DesireRecalls that wage floors be established, possibly in the form of a minimum wage; emphasises that this instrument should be set up on the basis of legislation or convention, in accordance with national practices, with due respect for the role of the social partners; believes that these wage floors should represent at least 60% of the average national wage; calls on the Commission to consult the social partners with a view to introducing, where appropriate, a minimum wage in some border areas associated with highly mobile workersMember States have the competence to establish minimum rates of pay via law and / or collective agreements; reminds that Article 153 TFEU excludes "pay" as EU competence;
Amendment 649 #
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 667 #
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 677 #
Motion for a resolution
Paragraph 28
Paragraph 28
28. CRecalls on the Commission to propose an appropriate legislative vehicle providing that companies have a duty of care for which they may be held liable, in respect of both their subsidiaries that their subcontractors operating in third countries in order to prevent the risk of violations of human rights, corruption, severe physical injury or environmental damage and the violation of ILO Conventionthat the provisions of the Enforcement Directive on subcontracting liability are designed to ensure the security in the supply chain for workers;
Amendment 691 #
Motion for a resolution
Paragraph 29
Paragraph 29