11 Amendments of Jarosław DUDA related to 2019/2186(INI)
Amendment 95 #
Motion for a resolution
Recital F
Recital F
F. whereas Member States have developed different approaches, leading to fragmented rules and initiatives; whereas there is a need for European level actionguidance to help Member States to overcome the resulting legal uncertainty and improve platform workers’ rights;
Amendment 105 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas small and medium-sized enterprises (SMEs) are the backbone of Europe's economy, they represent 99% of all businesses in the EU;
Amendment 118 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that the current Europeanlegal framework is unsatisfactory, with EU legal instruments which do notneeds some development to support for innovative working models and at the same time effectively cover all platform workers in their personal scope and which do not address the new realities of the world of work; regrets that this fragmentation places some platform workers in a legally precarious situation, resulting in some platform workers enjoying fewer or more limited rights than should be guaranteed to all platform workers regardless of their employment status;
Amendment 131 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. StressAcknowledges that the meaning of the terms ‘worker’ and ‘self -employed’ are not uniformly defined in all Member States, therefore the definition of clear criteria in compliance with existing national legislation is necessary; notes that the boundary between these two terms is less clear for new forms of work, and that some workers are at risk of being misclassified, therefore urges Member States to use existing national legal regulations in a way that prevents the exclusion of platform workers;
Amendment 147 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that this legal uncertainty must be urgently addressed, while acknowledging that it cannot be easily solved by a one-size-fits-all approach; believes that any proposal must recognise the heterogeneity of platforms and of platform workers, must take into account the interests of small and medium-sized enterprises, must maintain the freedom of choice of employees and take into account the current digital labour platforms model, where some platform workersand respect the free choice of employees, who are genuinely self-employed and wish to remain so;
Amendment 158 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the Commission’s proposal for a legislative initiative to improve the working conditions of platform workers; calls on the Commission, if the social partners do not express the wish to initiate the process provided for in Article 155 of the TFEU, to put forward a new directive to put forward an employment guideline, respecting the right of the Member States to regulate the rights onf platform workers in orderand to guarantee them a minimum set of rights regardless ofin harmony with their employment status, and to address the specificities of platform work without impeding fair competition;
Amendment 182 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses the need to better combat bogus self-employment by means of a directiveinnovative solutions while acknowledges the need to better combat bogus self-employment with the existing tools of Member States, so as to cover platform workers which are fulfilling the conditions characteristic of an employment relationship based on the actual performance of work, and not on the parties’ description of the relationship; is of the opinion that special attention should be given to digital labour platforms that strongly organise conditions and remuneration of online and on-location platform work, which could be used as guidance for determining the degree of responsibility of platforms towards platform workers;
Amendment 192 #
Motion for a resolution
Paragraph 6 – introductory part
Paragraph 6 – introductory part
6. Calls on the CommissionMember States, when exploring ways to improve working conditions to:
Amendment 226 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that some platform workers may be subject to increased health and safety risks; is of the opinion that the Commission proposalMember States must address the occupational health and safety of platform workers as well as establish minimum requirements to enable them exercise a right to disconnect without any adverse consequences;
Amendment 257 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recognises that freedom of association and the right to collective bargaining are fundamental rights for all workers, and believes a directive on platform workers should ensure that these rights are effective and enforced; notes the potential for imbalanced relationships between digital labour platforms and workers, who may lack the individual bargaining power to negotiate their terms and conditions; notes further that there are also practical issues such as a lack of common means of communication and opportunities to meet online or in person, which can prevent collective representation in practice; calls on the Commission to address such impediments in its proposal; stresses the need for platform workers and platforms to be properly represented in order to facilitate social dialogue;
Amendment 338 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to establishMember States to agree on a European quality label which would be granted to platforms implementing good practices for platform workers in order for users, workers and consumers to make informed decisions, and which would highlight platforms with quality working conditions and transparent systems;