48 Amendments of Evelyne GEBHARDT related to 2014/0124(COD)
Amendment 24 #
Proposal for a decision
Recital 4
Recital 4
(4) The European Parliament in its resolution on ‘Effective labour inspections as a strategy to improve working conditions in Europe’ welcomed the Commission's initiative to create a European Platform and called for enhanced cooperation at EU level to fight undeclared work27 leading to unfair competition which distorts the market. __________________ 27 European Parliament resolution of 14 January 2014 on effective labour inspections as a strategy to improve working conditions in Europe (2013/2112/INI) http://www.europarl.europa.eu/oeil/popups /ficheprocedure.do?lang=en&reference=20 13/2112(INI)
Amendment 25 #
Proposal for a decision
Recital 4 a (new)
Recital 4 a (new)
(4a) The work of the Platform needs to respect Articles 5, 15 and 31 of the Charter of Fundamental Rights of the European Union, as well as ILO Conventions No. 81 and ILO Recommendation No. 198.
Amendment 26 #
Proposal for a decision
Recital 6 a (new)
Recital 6 a (new)
(6a) The size of the undeclared economy varies significantly across Member States. Recent data clearly indicate that high levels of undeclared work are associated with low GDP, increased public sector corruption, low state intervention in the labour market, low social protection, less effective redistribution via social transfers, higher poverty levels and greater inequalities.
Amendment 27 #
Proposal for a decision
Recital 6 b (new)
Recital 6 b (new)
(6b) Undeclared work has serious implications for the workers concerned, who find themselves having to accept precarious working conditions, much lower wages and greatly reduced protection under labour and social protection legislation, thus depriving those workers of adequate social benefits, pension rights and access to healthcare, as well as skills development and life-long learning opportunities.
Amendment 29 #
Proposal for a decision
Recital 7
Recital 7
(7) Undeclared work has serious budgetary implications through decreased tax and social security revenues. It has negative impacts on employment, productivity, compliance with working conditions' standards, skills development and life-long learning. It undermines the financial sustainability of social protection systems, deprives workers of adequate social benefits and results in lower pension rights and less access to healthcare. It has negative effects on the functioning of the internal market leading to unfair competition, distorting the market and negatively impacts the employment and the productivity within the internal market.
Amendment 34 #
Proposal for a decision
Recital 9
Recital 9
(9) Close and effective EU level cooperation remains far from comprehensive, both in terms of the Member States involved and the issues covered. There is a no formal mechanism in place for cross-border cooperation between Member States' relevant authorities to address issues related to undeclared work.
Amendment 36 #
Proposal for a decision
Recital 10
Recital 10
(10) The strengthening of active cooperation based on mutual assistance, transparency and confidentiality among Member States at EU level is necessary to help Member States to prevent and deter undeclared work more efficiently and effectively.
Amendment 38 #
Proposal for a decision
Recital 10 a (new)
Recital 10 a (new)
(10a) National labour inspectorates and enforcement bodies often need immediate access to data and information held by foreign national authorities. An efficient and rapid exchange of data is therefore essential to curb undeclared work.
Amendment 39 #
Proposal for a decision
Recital 10 b (new)
Recital 10 b (new)
(10b) National labour inspection systems need to be organised in an efficient manner and have sufficient qualified staff at their disposal in order to function effectively.
Amendment 40 #
Proposal for a decision
Recital 11
Recital 11
(11) The Platform will aim to facilitate the exchastrengtheninge of best pactive cooperactices and information, provide a framework at EU level to devon based on mutual assistance, transparency and confidentiality among Member States at EU level is necessary to helop expertise and analysis, and improve operational coordination of actions between the different national enforcement authorities of the Member StatesMember States to prevent and deter undeclared work more efficiently and effectively.
Amendment 41 #
Proposal for a decision
Recital 11
Recital 11
(11) The Platform will aim to facilitateshould contribute to eliminating undeclared work by promoting and facilitating cross-border cooperation, the exchange of best practices, experiences and information, provide a framework at EU level to develop expertise and analysis, and improve operational coordination of actions between the different national enforcement authoritbodies of the Member States.
Amendment 43 #
Proposal for a decision
Recital 11 a (new)
Recital 11 a (new)
(11a) The identification, analysis and solving of practical problems related to the enforcement of Union legislation on working conditions and social protection at work fall mainly within the competence of national labour inspection systems, for which reason they require close and effective cooperation at Union level.
Amendment 45 #
Proposal for a decision
Recital 12
Recital 12
(12) The Platform should make use of all relevant sources of information, in particular studies, bilateral agreements concluded between Member States and multilateral cooperation projects and create synergies between existing EU level instruments and structures to maximise the deterrent or preventive effect of these measures. The operational coordination of actions of the Member States could take the form of joint trainings, peer reviews and solutions for data sharing. European campaigns or common strategies could increase the awareness of undeclared work in compliance with data protection rules, using, whenever relevant and feasible, the Internal Market Information System (IMI) and the Electronic Exchange of Social Security Information (EESSI). The Platform can also promote joint investigations by Member States, in particular in cross-border cases.
Amendment 47 #
Proposal for a decision
Recital 12 a (new)
Recital 12 a (new)
(12a) The Platform should be more than a passive mapping and assessment body. It should also actively contribute to prevent undeclared work by developing practical tools against organized forms and networks of undeclared work and by keeping concerned authorities and actors informed. To this end the Platform should propose measures and instruments which are needed at national or EU level, or at both levels, in order to better prevent, control and sanction undeclared work.
Amendment 49 #
Proposal for a decision
Recital 13
Recital 13
(13) ThreeOften several different national enforcement authorities are mainly involved with curbing undeclared work: including labour inspectorates, social security inspectorates, health and safety inspectorates and tax authorities. In some cases, migration authorities and employment services as well as customs authorities, the police, the public prosecutor's office and the social partners are also involved. Together with better enforcement of existing legislation, the authorities concerned should increasingly put in place incentives enabling the regularisation of jobs.
Amendment 51 #
Proposal for a decision
Recital 14
Recital 14
(14) In order to address undeclared work comprehensively and successfully, a policy mix is to be implemented in the Member States, that is facilitated by structured cooperation between relevant authorities. The cooperation should include all national authorities and actors which are leading and/or active in the prevention and/or deterrence of undeclared work and/or in the regularisation of jobs.
Amendment 53 #
Proposal for a decision
Recital 15
Recital 15
(15) To achieve its objectives, the Platform should be supported by a 'Single point of contact' in each Member State who should have the necessary authority to liaise with national authorities and actors dealing with the multifaceted aspects of undeclared work. In order to be effective and reach its objectives, the participation in the Platform should be mandatory for all Member States.
Amendment 55 #
Proposal for a decision
Recital 16 a (new)
Recital 16 a (new)
(16a) Eurofound should play an important role in supporting the Platform in particular with regard to the establishment of an interactive knowledge bank to enhance cooperation in the prevention and deterrence of undeclared work.
Amendment 56 #
Proposal for a decision
Recital 16 b (new)
Recital 16 b (new)
(16b) The Committee of Senior Labour Inspectors (SLIC) was set up by the Commission Decision 95/319/EC in order to work on problems relating to the enforcement by the Member States of the Union law on health and safety at work. The Platform should also involve a SLIC observer in order to avoid overlaps and create synergy effects.
Amendment 58 #
Proposal for a decision
Recital 17 a (new)
Recital 17 a (new)
(17a) The Commission should publish an annual activity report on the work of the Platform.
Amendment 62 #
Proposal for a decision
Article 1 – paragraph 1
Article 1 – paragraph 1
(1) A European Platform to enhance EU cooperation between Member States in the prevention and deterrence of undeclared work and in the regularisation of jobs, hereinafter referred to as ‘"the Platform’", is hereby established.
Amendment 63 #
Proposal for a decision
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) national enforcement authorities as nominated by all the Member Statesone senior representative of each Member State, representing national enforcement bodies and other actors which are involved in the prevention and deterrence of undeclared work and/or the regularisation of jobs, with a mandate to participate in all activities related to the Platform,
Amendment 64 #
Proposal for a decision
Article 1 – paragraph 2 – point b a (new)
Article 1 – paragraph 2 – point b a (new)
(ba) A maximum of eight representatives of the cross-industry social partners at Union level, as well as a maximum of ten social partners in sectors with a high incidence of undeclared work.
Amendment 67 #
Proposal for a decision
Article 1 – paragraph 3 – point a
Article 1 – paragraph 3 – point a
Amendment 68 #
Proposal for a decision
Article 1 – paragraph 3 – point a a (new)
Article 1 – paragraph 3 – point a a (new)
(aa) a representative of the Committee of Senior Labour Inspectors (SLIC),
Amendment 69 #
Proposal for a decision
Article 1 – paragraph 3 – point a b (new)
Article 1 – paragraph 3 – point a b (new)
(ab) a representative of the Administrative Commission for the Coordination of Social Security Systems established by Regulation (EC) No 883/2004 of the European Parliament and of the Council,
Amendment 72 #
Proposal for a decision
Article 1 – paragraph 3 – point d
Article 1 – paragraph 3 – point d
(d) one representatives of each EEA states.
Amendment 75 #
Proposal for a decision
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
The overriding objective of the Platform shall be to provide value-added input at Union level to Member States' and Union institutions' efforts, together with the social partners, to successfully tackle the complex problem of undeclared work and the regularisation of jobs, and their manifold implications and consequences. The Platform, as set out in Article 1 (1), shall to that end contribute to better enforcement of EU and national law, to the reduction of undeclared work and the emergence of formal jobs, hence avoiding the deterioration of quality of work, and to promote integration in the labour market and social inclusion by:
Amendment 77 #
Proposal for a decision
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) improving coeffective and close co- operation between Member States' different enforcement authorities atbodies and other actors involved on EU level in order to prevent and deter more efficiently and effectively undeclared work, including bogus self- employment, more efficiently and effectively, and to regularise jobs,
Amendment 79 #
Proposal for a decision
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) improving Member States' different enforcement authorities' technicalbodies' capacity to tackle and resolve cross-border aspects of undeclared work and the related unfair competition and market distortions,
Amendment 80 #
Proposal for a decision
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) increasing public awareness on the urgency of action and encouraging Member States to step up their efforts in dealing with undeclared work, including through public awareness campaigns in cooperation with social partners.
Amendment 84 #
Proposal for a decision
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) CoordinateInitiate, coordinate, facilitate and promote practical, effective and efficient cross-border operational actions.
Amendment 85 #
Proposal for a decision
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) Improve the knowledge of undeclared work, and the regularisation of jobs by means of common concepts, measurement tools and promotion of joint comparative analysis and related relevant indicators,
Amendment 86 #
Proposal for a decision
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(aa) improve the knowledge and mutual understanding of different national labour inspection systems and practices of fighting undeclared work, and the regularisation of jobs, as well as related legal frameworks for action, and to deepen general knowledge and specific sectorial insight into the precarious working conditions and unequal terms of payment and protection endured by persons in undeclared work.
Amendment 87 #
Proposal for a decision
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) Develop the analysis ofAnalyse the effectiveness of different policy measures in curbing the incidence of undeclared work, including preventiveon and punitivdeterrence as well as deterrenceenabling measures in general,
Amendment 89 #
Proposal for a decision
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) Establish efficient tools, for instance an interactive knowledge bank of different practices/measures, including bilateral agreements used in the Member States, to deter and prevent undeclared work, and the regularisation of jobs,
Amendment 91 #
Proposal for a decision
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(ca) establish active cooperation with the enforcement authorities of third countries, where relevant, in order to resolve problems related to undeclared work involving these countries,
Amendment 92 #
Proposal for a decision
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) Adopt non-binding guidelines for inspectors, handbooks of good practice and common principles of inspections to tackle undeclared work,
Amendment 93 #
Proposal for a decision
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) Develop forms of close and effective cooperation increasing the technical capacitycapacity of national labour inspection systems to tackle cross-border aspects of undeclared work by adopting a common framework for joint operations for inspections and exchange of staff,
Amendment 94 #
Proposal for a decision
Article 4 – paragraph 1 – point f
Article 4 – paragraph 1 – point f
(f) Examine ways toand propose ways to develop a reliable and efficient system of rapid information exchange and improve data sharing in compliance with the Union data protection rules, including exploring possibilities to make use of the Internal Market Information System (IMI) established by Regulation (EU) No 1024/2012 of the European Parliament and of the Council and the Electronic Exchange of Social Security Information (EESSI).
Amendment 95 #
Proposal for a decision
Article 4 – paragraph 1 – point g
Article 4 – paragraph 1 – point g
(g) Develop permanent training capacity for enforcement authorities and adopt a commonnational bodies and a framework for carrying out joint trainings,
Amendment 97 #
Proposal for a decision
Article 4 – paragraph 1 – point h a (new)
Article 4 – paragraph 1 – point h a (new)
(ha) put forward proposals to the Commission for inclusion in the country- specific recommendations of appropriate action addressing the particular aspects of undeclared work and the regularisation of jobs in the Member States concerned,
Amendment 98 #
Proposal for a decision
Article 4 – paragraph 1 – point h b (new)
Article 4 – paragraph 1 – point h b (new)
(hb) propose initiatives to the Commission which it considers appropriate to encourage the effective enforcement of Union legislation on working conditions and social protection in Member States in particular by means of closer cooperation between national labour inspection systems.
Amendment 99 #
Proposal for a decision
Article 4 – paragraph 1 – point i
Article 4 – paragraph 1 – point i
Amendment 100 #
Proposal for a decision
Article 4 – paragraph 2
Article 4 – paragraph 2
(2) In carrying out its tasks, the Platform wishall make use of all relevant sources of information, including studies and multilateral cooperation projects and take into account relevant Union instruments and structures, as well the experience of relevant bilateral agreements. It wishall establish appropriate cooperation with Eurofound, particularly with regard to the development of an interactive knowledge bank, and EU-OSHA.
Amendment 102 #
Proposal for a decision
Article 5 – paragraph 2
Article 5 – paragraph 2
(2) In appointing theia senior representatives and a substitute, Member States should involve all public authorities having a role in the prevention and/or deterrence of undeclared work and the regularisation of jobs in a domestic or cross-border context, such as labour inspectorates, social security authorities, tax authorities, employment services and migration authorities, hereinafter referred to as ‘"enforcement authorities’". They mayshall also, in accordance with national law and/or practice, involve the social partners and other relevant actors.
Amendment 103 #
Proposal for a decision
Article 5 – paragraph 3
Article 5 – paragraph 3
(3) Member States shall provide the Commission with the list and contact details of all enforcement authoritiebodies and in accordance with national law or practice, the social partners which are involved in the prevention and/or deterrence of undeclared work.
Amendment 104 #
Proposal for a decision
Article 5 – paragraph 4
Article 5 – paragraph 4
(4) Single points of contact shall liaise with all enforcement authoritieThe senior representatives referred to in Article 1(2)(a) shall liaise regularly with all national enforcement bodies and in accordance with national law or practice, the social partners and other actors which are involved in the prevention and/or deterrence of undeclared work regarding the activities of the Platform and guarantee their participation at the meetings and/or contribution to the activities ofor the regularisation of jobs. Together they shall prepare, at national level, the activities and meetings related to the Platform orand its working groups if issues discussed involve their field of competence, thereby ensuring a broad involvement of all stakeholders.