64 Amendments of Pina PICIERNO related to 2023/2051(INL)
Amendment 3 #
Motion for a resolution
Citation 1
Citation 1
– having regard to Articles 151 and 225 of the Treaty on the Functioning of the European Union,
Amendment 5 #
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
– having regard to the European Pillar of Social Rights,
Amendment 17 #
Motion for a resolution
Citation 18 a (new)
Citation 18 a (new)
– having regard to the European Qualification Framework for lifelong learning,
Amendment 18 #
Motion for a resolution
Citation 18 b (new)
Citation 18 b (new)
– having regard to the Council recommendation of 26 November 2018 on promoting automatic mutual recognition of higher education and upper secondary education and training qualifications and the outcomes of learning periods abroad,
Amendment 30 #
Motion for a resolution
Citation 28
Citation 28
– having regard to relevant Union legal acts in the area of social policy, such as Directive 96/71/EC of the European Parliament and of the Council of 16 December 19962018/957 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services1 , Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems2 1, Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time3 2, and Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union4 ,3, _________________ 1 OJ L 18, 21.1.1997, p. 1. 2 OJ L 166, 30.4.2004, p. 1. 3 OJ L 299, 18.11.2003, p. 9. 4 OJ L 186, 11.7.2019, p. 105.
Amendment 32 #
Motion for a resolution
Citation 28 a (new)
Citation 28 a (new)
– having regard to the Directive 2019/11598 on Work life balance for parents and carers,
Amendment 33 #
Motion for a resolution
Citation 28 b (new)
Citation 28 b (new)
– having regard to the EU strategic framework on health and safety at work 2021-2027 and the Parliament Report on a new EU strategic framework on health and safety at work post 2020 (including a better protection of workers from exposure to harmful substances, stress at work and repetitive motion injuries) (2021/2165(INI)),
Amendment 34 #
Motion for a resolution
Citation 28 c (new)
Citation 28 c (new)
– having regard to the Directive (EU) 2023/970 to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms,
Amendment 35 #
Motion for a resolution
Citation 28 d (new)
Citation 28 d (new)
– having regard to the Parliament resolution on the introduction of an European Social Security number with a personal labour card (2021/2620(RSP)),
Amendment 42 #
Motion for a resolution
Citation 46 a (new)
Citation 46 a (new)
– whereas the cultural and creative sector (‘CSS professionals’), together with artists, represents a strategic sector for the realization of the European integration process in uniting our societies in a common future; whereas its relevant economic impact, representing 4.2 % of EU GDP, also acts as a sustainable growth enabler in different sectors, including tourism;
Amendment 59 #
Motion for a resolution
Recital A
Recital A
A. whereas cultural and creative expressions and works are often the result of the essential contributions of persons working in the cultural and creative sectors (‘CCS professionals’) in different functions, roles and capacities, ranging from creative input to technical support; whereas the existence of such expressions and works depends, thus, on whether all CCS professionals receive adequate recognition and support;
Amendment 87 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas CCS comprise mainly micro, small and medium-sized enterprises with limited access to the financial market as well as to the financial resources and funding;
Amendment 104 #
Motion for a resolution
Recital G
Recital G
G. whereas the limited collective bargaining practicescoverage in the cultural and creative sectors15 in several Member States contribute to poor job quality, low incomewages and limited access to social protection; _________________ 15 Eurofound note on employment trends and working conditions in the creative sectors provided at the request of the rapporteurs, 29 May 2023.
Amendment 108 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas collective agreements should guarantee fair and adequate wages reflecting the effective level of education, skills and competences and professional experiences;
Amendment 110 #
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas the new challenges faced by the sector, such as digitalisation, artificial intelligence and new skills development should be reflected in modern and effective collective bargaining systems;
Amendment 111 #
Motion for a resolution
Recital G c (new)
Recital G c (new)
Gc. whereas the CCS has a high percentage of partially or fully undeclared work that excludes workers from the protection of labour law and excludes them from the coverage of social security in case of disease, work accident and unemployment and constitutes an attempt against fundamental human rights and especially, decent working and life conditions and foments distributive injustice; whereas undeclared work obstructs sustainable growth oriented policies, damages the Member States through lack of revenues, creating serious risks for the sustainability of the European social model, and fosters unfair competition with a high risk of submersion, where compliant enterprises are induced to lower their working standards to face competitors, passing from the declared to the undeclared economy;
Amendment 166 #
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 168 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission to adopt a Recommendation based on the principles of 1980 UNESCO Recommendation concerning the Status of the Artist, to protect artists and workers in CCS, taking into consideration all the changes in the last four decades, in particular those connected to digitalisation, artificial intelligence and new forms of works in order to face both old and emerging challenges and to establish a complete, solid and consistent framework of rights valuable and effective for the present and the near future;
Amendment 182 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on Member States to support cultural cooperatives and their networks so that they can have uniform legislation and ensure high standards of transparency, active participation and protection of artists throughout Europe; underlines the need to support an anthropocentric approach to innovation and in particular those related to artificial intelligence in order to make human being as source and beneficiary of the technological innovations;
Amendment 184 #
Motion for a resolution
Subheading 3
Subheading 3
Access to social security and decent working conditions
Amendment 186 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Is concerned about the sustainability of the livelihood of CCS professionals in a number of Member States; reaffirms its position that CCS professionals and workers, regardless of their employment status, should have effective access to adequate standards of social security, for unemployment, sickness and healthcare, maternity or paternity, accidents at work and occupational diseases, disability and old age; believes that reinforced action at Union level is needed in that regard, in particular with regarto allow non-standard workers and tohe self-employed CCS professionalto adhere to social security schemes, to take measures allowing them to build up and take up adequate social benefits as members of a scheme and facilitating the transfer of social security benefits between schemes both at national and at European level as well as increase transparency regarding social security systems and rights;
Amendment 204 #
Motion for a resolution
Subheading 3 a (new)
Subheading 3 a (new)
Employment status and decent working conditions
Amendment 207 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses the need to correctly determine the employment status of people working in the CCS that corresponds to their actual work arrangements, to avoid abuse, exploitation and bogus self-employment;
Amendment 208 #
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Stresses that those being reclassified as workers are covered by the EU labour law acquis as well as national labour law and amongst others have the right to a minimum wage, collective bargaining, working time and health protection, the right to paid leave and improved access to protection against work accidents, unemployment and sickness benefits, as well as contributory old-age pensions;
Amendment 209 #
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Calls on Member States to strengthening the action of labour enforcement authorities and to implement the ILO Convention No. 81 on the Inspection of Labour in Industry and Commerce;
Amendment 210 #
Motion for a resolution
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Stresses that a well-functioning social dialogue both at national and EU level, and high levels of collective bargaining coverage as well as high levels of affiliation to both the employer associations and trade unions ensure decent working conditions and fair and adequate wages;
Amendment 211 #
Motion for a resolution
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. Calls on Member States to integrate the different types and forms of cultural, creative and artistic work, thus including cultural heritage and cultural productions, as well as work in simplified and innovative organisational forms of cooperation, self-management and organisation, community cooperatives between artists and performing art professionals, the public and local authorities.
Amendment 213 #
Motion for a resolution
Paragraph 6 f (new)
Paragraph 6 f (new)
6f. Stresses the importance of ensuring the portability of rights in social protection systems between Member States in ensuring full access to social security for CCS professionals. Regulation (EC) No 883/2004 makes it easier for citizens and workers to exercise their right to move freely in the EU for study or for professional reasons and guarantees that they are not disadvantaged in terms of social security; therefore, stresses the need to reach an agreement between European Council and the Parliament and adopt the Regulation;
Amendment 220 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recalls that the European Parliament has called on the Commission on several occasions since 2014 to present a legislative proposal for a European social security pass initiative, which could ensure effective identification, traceability, aggregation and portability of rights, labour mobility and social security coordination in the labour market in a fair and effective way to ensure a level playing field for EU companies; underlines that a quick verification of insurance status and contributions can help combat exploitation, wage dumping, fraud and abuse of social security benefits and enable labour inspectorates and social partners to verify compliance, via cross-referencing between databases, and better prevent social fraud in relation to issues such as abusive subcontracting, bogus self-employment, undeclared work and non-payment of social security contributions;
Amendment 223 #
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Acknowledges the role of the European Labour Authority (ELA) in carrying out concerted and joint inspections in order to improve the capabilities of Member States to ensure the protection of persons exercising their right to free movement and to combat irregularities of a cross-border nature on workers;
Amendment 230 #
Motion for a resolution
Subheading 5
Subheading 5
Fair remuneration, practices and funding
Amendment 232 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Is concerned by the fact that the cultural and creative sectors are considered low-wage sectors, with 38 % of CCS professionals in the lowest three wage deciles18 ; recalls the right of all workers to fair wagesadequate and fair wages that reflect the effective level of education, competences and professional experiences and that provide for a decent standard of living and welcomes the recent adoption of Directive (EU) 2022/2041 of the European Parliament and of the Council19 ; calls on the Member States to transpose that Directive swiftly, with particular consideration for the cultural and creative sectors; _________________ 18 Eurofound Labour Force Survey 19 Directive (EU) 2022/2041 of the European Parliament and of the Council of 19 October 2022 on adequate minimum wages in the European Union (OJ L 275, 25.10.2022, p. 33).
Amendment 282 #
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 291 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Stresses that gender equality is a pillar of cultural diversity and culture plays a key role in promoting social changes; calls on the Commission and the Member States to integrate the gender perspective to guarantee equal access to creation and production resources and equal pay;
Amendment 294 #
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Notes that greater transparency on pay levels would reveal gender discrimination in pay structures and allow workers, employers and social partners to take action to ensure the application of the right to equal pay for equal work or work of equal value; calls on Member States, in collaboration with the social partners, to strengthen binding pay transparency measures, such as the right to information on pay levels, reporting by companies and collective bargaining;
Amendment 297 #
Motion for a resolution
Subheading 5 a (new)
Subheading 5 a (new)
Practices and funding
Amendment 305 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Commission and the Member States to strengthen the existing information points in order to make them easily accessible in all European languages, to systematically update them and to provide accompanying services for CCS workers who request them;
Amendment 320 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that Member States’ collective bargaining coverage rates in the cultural and creative sectors vary significantly; considers that strong collective bargaining decisively contributes to ensuring adequate minimum wage protection and good working conditions; calls on the Commission and the Member States to ensure, with the involvement of social partners, an enabling environment f, fair remuneration, workers' rights, good working conditions, as well as provisions for training and professional development and health and safety protection of workers; calls on the Commission and the Member States to support collective bargaining and impove its coverage in the cultural and creative sectors;
Amendment 330 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes the publication by the Commission of the ‘Guidelines on application of Union competition law to collective agreements regarding working conditions of solo self-employed persons’; calls on national competition authorities to ensure the effective application of the Guidelines; calls on the Commission to monitor the applicationUnderlines that most solo self- employed persons in the CCS face difficulties in influencing their working conditions, as they work on their own and primarily rely on their own personal labour to make a living; notes that, even if they are not fully integrated into the business of their principal in the same way as workers, certain solo self- employed persons may not be entirely independent of their principal ofr the Guidelines by national competition authorities in order to ensure that they are applied consistently may lack sufficient bargaining power; stresses therefore that collective bargaining for solo self-employed is an effective tool to guarantee better working conditions, including pay;
Amendment 355 #
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Stresses that the Erasmus+ programme has been the Union's most visible success in achieving the objectives of quality and inclusive education; recalls that the Erasmus+ programme enables people to acquire and improve knowledge and skills for their personal development and in preparing the Union to face the challenges of the green and digital transition;
Amendment 365 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Is concerned by the lack of career transition support systems in place for artists and CCS professionals in need of retraining; calls on the Member States to invest in skills development programmes, technical and vocational education, technical and vocational training systems and lifelong learning schemes, allowing those interestedartists, CCS professionals and workers to develop new skills either within or outside the cultural and creative sectors;
Amendment 380 #
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
Amendment 392 #
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Stresses the slow and inadequate progress in advancing inclusion of minority groups in CCS reflecting societal problems of exclusion and discrimination; call on the Commission and the Member States to adopt measures to support the inclusion of disadvantages groups and minorities;
Amendment 395 #
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Underlines the importance of algorithmic accountability and algorithmic transparency to avoid unintended bias and discriminations in the CCS; calls on the Commission to adopt measures to ensure equal treatment and inclusion;
Amendment 397 #
Motion for a resolution
Paragraph 23 c (new)
Paragraph 23 c (new)
23c. Calls on the Member States to facilitate the establishment and funding of independent structures, in consultation with the social partners, where artists and CCS professionals can confidentially report unfair practices, such as abuse of power, harassment, bullying, and discrimination, obtain guidance and legal counselling;
Amendment 419 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. Reiterates its call on the Commission to assess the challenges posed by AI-generated content on the cultural and creative sectors, as well as the impact of the research and development of AI and related technologies on the cultural and creative sectors, in particular with regard to authorship and fair remuneration of authors and performers; calls on the Commission to evaluate the extent to which the European General Data Protection Regulation can provide fast and effective safeguards against the unauthorized scraping of personal data by AI systems and whether existing text and data mining exceptions are adequately balanced to meet the three-step test also in the context of generative AI;
Amendment 422 #
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Stresses the need to urgently revise child labour laws which became ineffective with the widespread of underage content creators on social media; calls on the Commission and the Member States to put forward provisions to protect minors from the risks of exploitation, taking into account the new challenges posed by new technologies and social media platforms;
Amendment 424 #
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Highlights that algorithmic management presents new challenges for the future of work such as technology- enabled control and surveillance through prediction and flagging tools, remote real- time monitoring of progress and performance and time-tracking, and entails significant risks for workers’ health and safety, notably their mental health and right to privacy and human dignity; points out that AI also gives rise to concerns over privacy and occupational health and safety such as the right to disconnect, and can lead to the disproportionate and illegal surveillance and monitoring of workers, infringing on their dignity and privacy, as well as discriminatory treatment in recruitment processes and other areas due to biased algorithms, including on the grounds of gender, race and ethnicity; is concerned, furthermore, that AI can undermine the freedom and autonomy of people, such as through prediction and flagging tools, real-time monitoring and tracking and automated behavioral nudges, and contributes to workers’ mental health problems such as burnout, technology- related stress, psychological overload and fatigue; stresses that AI solutions in the workplace must be transparent, fair and avoid any negative implications for workers and must be negotiated between employers and workers’ representatives including trade unions; calls on the Commission to present a Directive on AI in the workplace to ensure appropriate protection for workers’ rights and well- being, including their mental health and fundamental rights such as non- discrimination, privacy and human dignity in an increasingly digitalised workplace;
Amendment 440 #
Motion for a resolution
Paragraph 29
Paragraph 29
29. Requests that the Commission submit, on the basis of Article 153(2), point (a), and Article 352 of the Treaty on the Functioning of the European Union, one or more proposals for a decision establishing a comprehensive Union frameworklegislative instruments establishing a comprehensive Union Framework (the Framework) on the social and professional situation of artists and other professionals in the cultural and creative sectors (‘CCS professionals’), and notably a directive on the correct classification of workers and decent working conditions in the CCS and one or more decisions for collecting and publishing appropriate data and for encouraging cooperation and the exchange of best practices between Member States with a view to formulating quality standards in areas relevant to the living and working condiand reviewing relevant developments as regards the status and situations of artists and other CCS professionals, covering both workers and the self-employed, with the full participation of the social partners, following the recommendations set out in the Annex hereto; calls on the Commission and the Member States to ensure that this framework contributes to the elimination of all forms of discrimination and of gender-based violence in the cultural and creative sectors, and promotes gender equality and artistic freedom;
Amendment 456 #
Motion for a resolution
Annex I – Recommendation 1 – paragraph 1
Annex I – Recommendation 1 – paragraph 1
The objective of the proposals is to establish a Union framework on the social and professional situation of artists and other professionals in the cultural and creative sectors (‘CCS professionals’) (the ‘Framework’). The Framework should comprise legislative instruments and notably one directive on the correct classification of workers and decent working conditions in the CCS and one or more decisions setting up a mechanism for structured cooperation and the exchange of best practices between Member States with a view to formulating quality standards and reviewing relevant developments in other areas relevant to the living and working conditions of CCS professionalsartists and other CSS professionals. This mechanism should include close consultation and involvement of social partners at national and European level.
Amendment 467 #
Motion for a resolution
Annex I – Recommendation 3 – paragraph 2 – introductory part
Annex I – Recommendation 3 – paragraph 2 – introductory part
The Framework should focus, among others, on the following areas: by means of a directive:
Amendment 469 #
Motion for a resolution
Annex I – Recommendation 3 – paragraph 2 – indent 1
Annex I – Recommendation 3 – paragraph 2 – indent 1
Amendment 471 #
Motion for a resolution
Annex I – Recommendation 3 – paragraph 2 – indent 1 a (new)
Annex I – Recommendation 3 – paragraph 2 – indent 1 a (new)
- the correct classification of workers, in order to put an end to bogus self-employment;
Amendment 473 #
Motion for a resolution
Annex I – Recommendation 3 – paragraph 2 – indent 2
Annex I – Recommendation 3 – paragraph 2 – indent 2
- the development of measures to improve CCS professionals’ working conditions, in particular to ensure adecentquate remuneration and fairdecent working practiceconditions;
Amendment 476 #
Motion for a resolution
Annex I – Recommendation 3 – paragraph 2 – indent 3
Annex I – Recommendation 3 – paragraph 2 – indent 3
- the effective access of CCS workers and professionals to social security and social protection;
Amendment 479 #
Motion for a resolution
Annex I – Recommendation 3 – paragraph 2 – indent 4
Annex I – Recommendation 3 – paragraph 2 – indent 4
- the improvement of representation for, and the collective bargaining of, CCS workers and professionals, in cooperation with the social partners;
Amendment 480 #
Motion for a resolution
Annex I – Recommendation 3 – paragraph 2 – indent 4 a (new)
Annex I – Recommendation 3 – paragraph 2 – indent 4 a (new)
- the recognition and validation of diplomas and other qualifications;
Amendment 481 #
Motion for a resolution
Annex I – Recommendation 3 – paragraph 2 – indent 5
Annex I – Recommendation 3 – paragraph 2 – indent 5
Amendment 485 #
Motion for a resolution
Annex I – Recommendation 3 – paragraph 2 – indent 5 a (new)
Annex I – Recommendation 3 – paragraph 2 – indent 5 a (new)
- by means of one or more decisions:
Amendment 486 #
Motion for a resolution
Annex I – Recommendation 3 – paragraph 2 – indent 5 b (new)
Annex I – Recommendation 3 – paragraph 2 – indent 5 b (new)
- the status of CCS professionals;
Amendment 489 #
Motion for a resolution
Annex I – Recommendation 3 – paragraph 2 – indent 6
Annex I – Recommendation 3 – paragraph 2 – indent 6
- the integration of higher arts education in the European Education Area, the automatic mutual recognition of diplomas and other qualifications, learning outcomes and study periods abroad in the cultural and creative sectors and the development of training opportunities and career development and transitions for CCS professionals;
Amendment 499 #
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – introductory part
Annex I – Recommendation 4 – paragraph 1 – introductory part
The specific objectives of the Framework should be, inter alia, by means of one or more decisions:
Amendment 512 #
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 8
Annex I – Recommendation 4 – paragraph 1 – indent 8
- to raise awareness on the relevant problems and available solutions among CCS professionals, trade unions and other workers’ representatives organizations, and relevant Member State authorities.
Amendment 515 #
Motion for a resolution
Annex I – Recommendation 4 – paragraph 2
Annex I – Recommendation 4 – paragraph 2
The Commission should report every two years to the European Parliament and to the Council on its analysis of the situation of artists and other CCS professionals in the Union, on relevant developments and on the implementation of the DecisionsFramework.