BETA

21 Amendments of Lukas MANDL related to 2021/0414(COD)

Amendment 323 #
Proposal for a directive
Recital 23
(23) Ensuring correct determination of the employment status should not prevent the improvement of working conditions of genuine self-employed persons performing platform work. Where a digital labour platform decides – on a purely voluntary basis, as a result of collective bargaining, based on the Code of Conduct agreed among the relevant stakeholders, or in agreement with the persons concerned – to pay for social protection, accident insurance or other forms of insurance, training measures or similar benefits to self-employed persons working through that platform, those benefits as such should not be regarded as determining elements indicating the existence of an employment relationship.
2022/06/10
Committee: EMPL
Amendment 357 #
Proposal for a directive
Recital 26 a (new)
(26a) Code of Conduct based on the agreement among relevant stakeholders as a form of self-regulation focused on improving working conditions of genuine self-employed persons performing platform work including their social protection should be encouraged by the Commission and Member States. Improving working conditions of genuine self-employed persons performing platform work by the platforms involved in the Code of Conduct shall not be considered as fulfilling the criteria as outlined by Article 4 paragraph 2.
2022/06/10
Committee: EMPL
Amendment 467 #
Proposal for a directive
Article 1 – paragraph 2 – introductory part
2. This Directive lays down minimum rights that apply to every person performing platform work in the Union who has, or who based on an assessment of facts may be deemed to have, an employment contract or employment relationship as defined by the law, collective agreements or practice in force in theeach Member States with consideration to the case-law of the Court of Justice. This Directive shall be without prejudice to the full respect of the autonomy of social partners, including their right to negotiate and conclude collective agreements.
2022/06/10
Committee: EMPL
Amendment 525 #
Proposal for a directive
Article 2 – paragraph 1 – point 6 a (new)
(6a) ´Code of Conduct´ means a form of self-regulation focused on improving working conditions of genuine self- employed persons performing platform work which shall: (a) be such that it is broadly accepted by the main stakeholders at Union level (b) clearly and unambiguously set out its objectives; (c) include an ex-ante review of the contractual terms between the platform and the persons performing platform work (d) provide for regular, transparent and independent monitoring and evaluation of the achievement of the objectives aimed at; and (e) provide for effective enforcement including effective and proportionate sanctions. The signatories of the Code of Conduct shall submit the draft of the code to the Commission. The Commission shall make the Code of conduct publicly available.
2022/06/10
Committee: EMPL
Amendment 549 #
Proposal for a directive
Article 3 – paragraph 1
1. Member States shall have appropriate procedures in place to verify and ensure the correct determination of the employment status of persons performing platform work, with a view to ascertaining the existence of an employment relationship as defined by the law, collective agreements or practice in force in the Member States with consideration to the case-law of the Court of Justice, and ensuring that they enjoy the rights deriving from Union law applicable to workers.
2022/06/10
Committee: EMPL
Amendment 605 #
Proposal for a directive
Article 4 – paragraph 2 – introductory part
2. Controlling the performance of work within the meaning of paragraph 1 shall be understood as fulfilling at least two majority of the following, without prejudice to collective agreements between digital labour platforms and persons performing platform work:
2022/06/10
Committee: EMPL
Amendment 616 #
Proposal for a directive
Article 4 – paragraph 2 – point a
(a) effectivelyDe facto determining, or setting upper limits for thethe total level of remuneration, beyond what is required by law;
2022/06/10
Committee: EMPL
Amendment 627 #
Proposal for a directive
Article 4 – paragraph 2 – point b
(b) requiring the person performing platform work to respect specificextensive binding rules with regard to appearance, conduct towards the recipient of the service or performance of the work;, beyond what is required by law or reasonably necessary to safeguard health and safety or to ensure the essential functioning of the service.
2022/06/10
Committee: EMPL
Amendment 640 #
Proposal for a directive
Article 4 – paragraph 2 – point c
(c) supervising the performance of work or verifying the quality of the results of the work including by eleincluding by electronic means beyond what is required by law or reasonably necessary to safeguard health and safety or to ensure the essential functrionic means;ng of the service.
2022/06/10
Committee: EMPL
Amendment 649 #
Proposal for a directive
Article 4 – paragraph 2 – point d
(d) effectivelyDe facto restricting the freedom, including through sanctions, to organise one’s work, in particular the discretion to choose one’s working hours or periods of absence, to accept or to refuse tasks or to use subcontractors or substitutes;
2022/06/10
Committee: EMPL
Amendment 657 #
Proposal for a directive
Article 4 – paragraph 2 – point e
(e) effectivelyde facto restricting the possibility to build a client base or to perform work for any third party.
2022/06/10
Committee: EMPL
Amendment 726 #
Proposal for a directive
Article 4 a (new)
Article 4a Ensuring correct determination of the employment status should not prevent the improvement of working conditions of genuine self-employed persons performing platform work. Where a digital labour platform decides – on a purely voluntary basis or in agreement with the persons concerned or based on the Code of Conduct – to pay for social protection, accident insurance or other forms of insurance, training measures or similar benefits to self-employed persons working through that platform, those benefits as such should not be regarded as determining elements indicating the existence of an employment relationship.
2022/06/10
Committee: EMPL
Amendment 745 #
Proposal for a directive
Article 5 – paragraph 2
Where the digital labour platform argues that the contractual relationship in question is not an employment relationship as defined by the law, collective agreements or practice in force in the Member State in question, with consideration to the case- law of the Court of Justice, the burden of proof shall be on the digital labour platform. Such proceedings shall not have suspensive effect on the application of the legal presumption.
2022/06/10
Committee: EMPL
Amendment 770 #
Proposal for a directive
Article 5 a (new)
Article 5a Improvement of working conditions for genuine self-employed persons performing platform work Ensuring correct determination of the employment status shall not prevent the improvement of working conditions of genuine self-employed persons performing platform work. Where a digital labour platform decides, in agreement with the persons concerned, to pay for social protection, accident insurance or other forms of insurance, training measures or similar benefits to self-employed persons working through that platform, those benefits as such shall not be regarded as determining elements indicating the existence of an employment relationship.
2022/06/10
Committee: EMPL
Amendment 904 #
Proposal for a directive
Article 9 – paragraph 1
1. Without prejudice to the rights and obligations under Directive 2002/14/EC, Member States shall ensure information and consultation of platform workers’ representatives or, where there are no such representatives, of the platform workers concerned by digital labour platforms, onMember States shall ensure that Directive 2002/14/EC is applied to decisions likely to lead to the introduction of or substantial changes in the use of automated monitoring and decision-making systems referred to in Article 6(1), in accordance with this Article.
2022/06/10
Committee: EMPL
Amendment 910 #
Proposal for a directive
Article 9 – paragraph 2
2. For the purposes of this Article, the definitions of ‘information’ and ‘consultation’ as laid down in Article 2, points (f) and (g), of Directive 2002/14/EC shall apply. The rules laid down in Article 4(1), (3) and (4), Article 6 and Article 7 of Directive 2002/14/EC shall apply accordingly.deleted
2022/06/10
Committee: EMPL
Amendment 913 #
Proposal for a directive
Article 9 – paragraph 3
3. The platform workers’ representatives or the platform workers concerned may be assisted by an expert of their choice, in so far as this is necessary for them to examine the matter that is the subject of information and consultation and formulate an opinion. Where a digital labour platform has more than 500 platform workers in a Member State, the expenses for the expert shall be borne by the digital labour platform, provided that they are proportionate.deleted
2022/06/10
Committee: EMPL
Amendment 984 #
Proposal for a directive
Article 15 – paragraph 1
Member States shall take the necessary measures to ensure that digital labour platforms createfacilitate the establishment of the possibility for persons performing platform work to contact and communicate with each other, and to be contacted by representatives of persons performing platform work, through the digital labour platforms’ digital infrastructure or similarly effective means, while complying with the obligations under Regulation (EU) 2016/679. Member States shall require digital labour platforms to refrain from accessing or monitoring those contacts and communicationswhile complying with the obligations under Regulation (EU) 2016/679.
2022/06/10
Committee: EMPL
Amendment 1013 #
Proposal for a directive
Article 20 – paragraph 1
1. This Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within Member States without affecting the freedom of the social partners to negotiate and conclude collective agreements.
2022/06/10
Committee: EMPL
Amendment 1017 #
Proposal for a directive
Article 20 – paragraph 2
2. This Directive shall not affect the Member States’ prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to platform workers, or to encourage or permit the application of collective agreements which are more favourable to platform workers, in line with the objectives of this Directive. As regards persons performing platform work who are not in an employment relationship, this paragraph shall only apply insofar as such national rules are compatible with the rules on the functioning of the internal market.
2022/06/10
Committee: EMPL
Amendment 1021 #
Proposal for a directive
Article 20 a (new)
Article 20a Collective bargaining and action 1. This Directive shall not affect in any way the right to negotiate, conclude and enforce collective agreements in accordance with national law or practice. 2. In accordance with national law and practice, Member States may allow for the social partners to maintain, negotiate, conclude and enforce collective agreements which deviate from the directive, provided that the overall results sought by this Directive are ensured.
2022/06/10
Committee: EMPL