5 Amendments of Tania GONZÁLEZ PEÑAS related to 2018/0064(COD)
Amendment 35 #
Proposal for a regulation
Recital 5
Recital 5
(5) A European Labour Authority (the ‘Authority’) should be established in order to help strengthen fairness and trust in the Single Marketa convergent European labour space in which labour rights are guaranteed. To that effect, the Authority should support the Member States and the Commission in strengthening access to information for individuals and employers about their rights and obligations in cross-border labour mobility situations as well as access to relevant services, support compliance and cooperation between the Member States to ensure the effective application of the Union law in these areas, and mediate and facilitate a solution in case of cross- border disputes or labour market disruptions.
Amendment 58 #
Proposal for a regulation
Recital 10
Recital 10
(10) The establishment of the Authority should not create new rights andclose loopholes in the exercise of uncovered rights by enforcing the obligations forincumbent on individuals or employers, including economic operators or non-profit organisations, as the activities of the Authority should cover them to the extent to which they are covered by the by applying the best possible interpretation of Union law and the most favourable interpretation of existing labour law in the territories concerned. The Authority’s activities should cover rights that that are subject to Union law within the scope of this Regulation.
Amendment 79 #
Proposal for a regulation
Recital 17
Recital 17
(17) The Authority should provide a platform for resolving disputes between Member States in relation to the application of Union law that falls within its scope. It should build on dialogue and conciliation mechanisms that are currently in place in the area of social security coordination, which are valued by Member States60 and their importance is recognised by the Court of Justice61 . In all these processes, due account will be paid to the reports of the trade unions and legal representative organisations of the workers involved in the affected sector, and these bodies will be kept apprised of developments. Member States should be able to refer cases to the Authority for mediation according to standard procedures put in place for this purpose. The Authority should only deal with disputes between Member States, while individuals and employers facing difficulties with exercising their Union rights should continue to have at their disposal the national and Union services dedicated to dealing with such cases, such as the SOLVIT network to which the Authority should refer such cases. The SOLVIT network should also be able to refer to the Authority for its consideration cases in which the problem cannot be solved due to differences between national administrations. _________________ 60 Council, Partial general approach of 26 October 2017 on the proposal for a Regulation amending Regulation (EC) No 883/2004 on the coordination of social security systems and regulation (EC) No 987/2009 laying down the procedure for implementing Regulation (EC) No 883/2004 13645/1/17. 61 Case C-236/88 EU:C:1990:303, paragraph 17; Case C-202/97 EU:C:2000:75, paragraphs 57-58; Case C- 178/97 EU:C:2000:169, paragraphs 44-45; Case C-2/05 EU:C:2006:69, paragraphs 28-29; Case C-12/14 EU:C:2016:135, paragraphs 39-41; Case C-359/16 EU:C:2018:63, paragraphs 44-45.
Amendment 86 #
Proposal for a regulation
Recital 30
Recital 30
(30) Within the framework of their respective competences, the Authority should cooperate with other agencies of the Union, in particular those established in the area of employment and social policy, building on their expertise and maximising synergies: the European Foundation for the Improvement of Living and Working Conditions (Eurofound), the European Centre for the Development of Vocational Training (Cedefop), the European Agency for Safety and Health at Work (EU- OSHA), and the European Training Foundation (ETF), as well as, as regards the fight against organised crime and trafficking in human beings, with the European Union Agency for Law Enforcement Cooperation (Europol) and European Union Agency for Criminal Justice Cooperation (Eurojust). Similarly, channels will be opened for exchange of information and cooperation with trade union organisations in the sectors affected by the phenomenon of cross- border work.
Amendment 150 #
Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
Article 5 – paragraph 1 – point g a (new)
(ga) The Labour Authority shall be obliged to keep informed, consult and request the cooperation of trade unions and employers’ organisations in the countries and sectors involved, with a view to helping solve any social or labour- related conflicts that may arise via collective bargaining that should, where appropriate, take account of the transnational dimensions of cross-border work.