29 Amendments of Sandra PEREIRA related to 2021/0414(COD)
Amendment 202 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Most platform workers are, by the nature of the contractual relationship and the tasks performed, employees and therefore entitled to the statutory rights, safeguards and guarantees provided in the Member States.
Amendment 203 #
Proposal for a directive
Recital 5 b (new)
Recital 5 b (new)
(5b) Persistent breaches of the rules and insecure employment relationships are also attributable to the lack of political will on the part of governments on the one hand to demand compliance and on the other to provide Member State inspectorates with the technical resources, staff and funding needed to monitor and sanction non-compliance.
Amendment 204 #
Proposal for a directive
Recital 5 c (new)
Recital 5 c (new)
(5c) Member States should provide labour inspectorates with the necessary technical resources, staff and funding to ensure compliance with the ILO- recommended ratio of one labour inspector per 10 000 workers.
Amendment 231 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) In many Member States, the existence of an employment relationship between platform workers and their digital labour platforms has been rightly recognised by the courts. In order to avoid breach of the principle of equality and non-discrimination between workers, the effects of recognising the existence of an employment relationship under the relevant national law and the provisions of this Directive must be considered to apply from the beginning the contractual relationship.
Amendment 298 #
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) Digital platforms have been failing to comply with national laws on the rights, safeguards and guarantees to be granted to platform workers as employees and those who deliberately breach their legal obligations should not be rewarded. The effects of recognition of the employment relationship should accordingly be considered to apply from beginning of the contractual relationship.
Amendment 300 #
Proposal for a directive
Recital 18 b (new)
Recital 18 b (new)
(18b) Persistent breaches of the rules and insecure employment relationships are also attributable to the lack of political will on the part of governments on the one hand to demand compliance and, on the other hand, to provide Member State inspectorates with the technical resources, staff and funding needed to monitor and sanction non-compliance.
Amendment 301 #
Proposal for a directive
Recital 18 c (new)
Recital 18 c (new)
(18c) Member States should provide labour inspectorates with the necessary technical resources, staff and funding to ensure compliance with the ILO- recommended ratio of one labour inspector per 10 000 workers.
Amendment 302 #
Proposal for a directive
Recital 18 d (new)
Recital 18 d (new)
(18d) As employees, platform workers are entitled, inter alia, to an employment contract, a fixed salary, working hours established under national law that must not exceed 40 hours a week, compensation for overtime and night work, decent working conditions, access to catering facilities, washrooms and rest areas, insurance against occupational accidents and illnesses, parental benefits and paid leave. They also have a right to be informed of their working conditions and the algorithms used by platform, which must not incorporate mechanisms for imposing illegal sanctions, penalties and fines.
Amendment 575 #
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. The contractual relationship between a digital labour platform that controls, within the meaning of paragraph 2, the performance of work, and a person performing platform work through that platform shall be legally presumed to be an salaried employment relationship. To that effect, Member States shall establish a framework of measures, in accordance with their national legal and judicial systems. classifying workers performing work via a digital platform as employees with stable contracts1a, in accordance with their national legal and judicial systems. __________________ 1a https://www.ilo.org/public/french/bureau/ stat/class/icse.htm
Amendment 596 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 613 #
Proposal for a directive
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
Amendment 622 #
Proposal for a directive
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
Amendment 637 #
Proposal for a directive
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
Amendment 642 #
Proposal for a directive
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
Amendment 651 #
Proposal for a directive
Article 4 – paragraph 2 – point d a (new)
Article 4 – paragraph 2 – point d a (new)
(da) Effective restriction on recourse to subcontractors or substitutes;
Amendment 652 #
Proposal for a directive
Article 4 – paragraph 2 – point e
Article 4 – paragraph 2 – point e
Amendment 666 #
Proposal for a directive
Article 4 – paragraph 3 – introductory part
Article 4 – paragraph 3 – introductory part
3. Member States shall take supporting measures to ensure the effective implementation of the legal presumption referred to in paragraph 1 while taking into account the impact on start-ups, avoiding capturing the genuine self-employed and supporting the sustainable growth of digital labour platforms. In particular they shall:
Amendment 682 #
Proposal for a directive
Article 4 – paragraph 3 – point b
Article 4 – paragraph 3 – point b
(b) develop guidance for digital labour platforms, persons performing platform work and social partnersworkers, union associations, and employers, organisations, to understand and implement the legal presumption including on the procedures for rebutting it in accordance with Article 5;
Amendment 715 #
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 775 #
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Without prejudice to the obligations and rights of digital labourwork platforms and platform workers under Directive (EU) 2019/1152, Member States shall require digital labour platforms to inform platform workers and relevant national law, Member States shall ensure that any decision taken by automated and semi- automated systems does not affect the employment relationship and shall require digital labour platforms to inform platform workers, union representatives, the labour inspectorate and the competent authorities in a clear and timely manner of:
Amendment 851 #
Proposal for a directive
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. Member States shall ensure that digital labour platforms do not use automated decision-making systems affecting the employment relationship.
Amendment 900 #
Proposal for a directive
Article 9 – title
Article 9 – title
Information and, consultation and participation
Amendment 902 #
Proposal for a directive
Article 9 – paragraph 1
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’of union representatives or, where there are no such representatives, of the platform workers concerned by digital labour platforms and the authorities responsible for working conditions, on 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. In addition, trade union representatives or, in the absence thereof, the platform workers concerned should be assured of the right to consultation and participation in the above decision- making processes.
Amendment 912 #
Proposal for a directive
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. For the purposes of this Article, the rules laid down in Directive 2009/38/EC on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees shall be applicable.
Amendment 916 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The union organisations, the platform workers’ representatives or the platform workers concerned mayshall 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, tparticipation and formulate an opinion. The expenses for the expert shall be borne by the digital labour platform, provided that they are proportionate.
Amendment 920 #
Proposal for a directive
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. Member States shall guarantee platform workers respect for the rights, safeguards and assurances inherent in the employment relationship provided for in existing constitutional and labour law, including the right to association and collective bargaining, trade union rights, the right to strike and the right to information, consultation and participation.
Amendment 963 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Without prejudice to Articles 79 and 82 of Regulation (EU) 2016/679 and Article 13(1) of Directive 2009/52/EC, Member States shall ensure that persons performing platform work, including those whose employment or other contractual relationship has ended, have access to and their union organisations, have access free of charge to appropriate, speedy, fair and efficient procedures and mechanisms for settling disputes regarding the existence and terms of an employment relationship and effective and impartial dispute resolution and a right to redress, including fair and adequate compensation, in the case of infringements of their rights arising from this Directive or the national legislation applicable.
Amendment 1014 #
Proposal for a directive
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
1a. The transposition of this Directive by each Member State shall not conflict with existing provisions of laws or agreements more favourable to workers.
Amendment 1015 #
Proposal for a directive
Article 20 – paragraph 1 b (new)
Article 20 – paragraph 1 b (new)
1b. The transposition of this Directive shall in no way condition the provisions of laws and agreements that have been adopted in a Member State and are more favourable to workers.