22 Amendments of Chiara GEMMA related to 2019/2186(INI)
Amendment 21 #
Motion for a resolution
Recital A
Recital A
A. whereas platform work canshould create employment opportunities, increase choice, provide additional income proper income and decent working conditions, and lower barriers to entering the labour market; whereas platform work should facilitates flexibility for both workers and clients, and the matching of demand for and supply of services, as well as innovation in digital tools, which iscould be a useful vector for growth in times of crisis and recovery;
Amendment 26 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas, according to the ILO, for more than 60% of platform workers, this work is their sole source of income, and yet many EU Member States obstinately continue to treat these professions as non- standard jobs, paving the way for exploitation, discrimination and poverty;
Amendment 46 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the ‘casualisation’ of employment relationships is creating new forms of piecework that are creating a legion of new poor with extremely insecure prospects;
Amendment 62 #
Motion for a resolution
Recital D
Recital D
D. whereas people working in the platform economy workers are generally classified as formally self-employed;, and whereas, as such, these people do not benefit from the equivalent social, labour, health and safety protection that are connected to an employment contract in most countrie the courts have handed down several judgments strongly condemning this classification in many Member States, which have actually revealed that an employment relationship exists between platforms and their workers and that companies have been blatantly attempting to circumvent labour legislation; whereas, once classified as self-employed, these people do not benefit from social, labour, health and safety protection rights;
Amendment 84 #
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas rating mechanisms, often based on unclear algorithms, create disparities in how workers are treated and discriminate between them, to the detriment, in particular, of more vulnerable categories such as women, immigrants and persons with disabilities;
Amendment 87 #
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas the distorted relationship between internet multinationals and workers is, more often than not, so one- sided that multinationals can impose contracts unilaterally, without any form of trade union protection or collective bargaining;
Amendment 120 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that the current European framework is unsatisfactory, with EU legal instruments which doare not coverapplied to 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; therefore, a rebuttable presumption of employment relationship and the reversal of the burden of the proof should be the starting point, complemented by the recognition of platform as companies linked to their sector of activity;
Amendment 124 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that the unfair competitive advantages often available to multinationals of the platform economy over the traditional economy, based on social and wage dumping and on tax avoidance and evasion, are unacceptable and the EU must do more to tackle them;
Amendment 134 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that the meaning of the terms ‘worker’ and ‘self-employed’ are not uniformly defined in all Member States; 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, workers in platform companies should have the same rights are other workers;
Amendment 142 #
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, and take into account the current digital labour platforms model, where some platform workers are genuinely self-employed and wish to remain soand take into account the current digital labour platforms model, where some platform workers are genuinely self-employed and wish to remain so; therefore, a European framework legislation would be necessary, which can be complemented by either national legislation or collective agreements between the platform companies and the trade unions, recognising the platform as companies with all the obligations it entails (including employers responsibility when it apply) and linking these companies to their sector of activity;
Amendment 165 #
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 on platform workers in order to guarantee them a minimum set of rights regardlessbased ofn their employment status, and to address the specificities of platform work; while ensuring a level playing field in all EU Member States to avoid unfair und unequal treatment of workers;
Amendment 179 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses the need to better combat bogus self-employment by means of a directive, 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 workconclude collective agreements, which could be used as guidance for determining the degree of responsibility of platforms towards platform workers;
Amendment 196 #
Motion for a resolution
Paragraph 6 – indent 1
Paragraph 6 – indent 1
– ensure that the framework for collective agreements works smoothly and better implement the prohibition of exclusivity clauses, and ensure all platform workers are permitted to work for different platforms (multi-apping) and not be subject to adverse treatment for doing so;
Amendment 198 #
Motion for a resolution
Paragraph 6 – indent 1 a (new)
Paragraph 6 – indent 1 a (new)
– clarify that the third status option will not be an option
Amendment 205 #
Motion for a resolution
Paragraph 6 – indent 3
Paragraph 6 – indent 3
– address the current lack of transparency by ensuring the provision of essential information regarding working conditions, the method of calculating the price or fee, the functioning of the algorithm and transparency in the event of a change in the terms, conditions and procedures for temporary or permanent deactivation, if any, which should be preceded by consultation;
Amendment 211 #
Motion for a resolution
Paragraph 6 – subparagraph 1
Paragraph 6 – subparagraph 1
believes that the aforementioned communication should be made in a clear, comprehensive and easily accessible way, and should be provided both to the person and the representatives;
Amendment 240 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers that platform workers should receive compensation in case of work accidents and occupational diseases, and be offered sickness and invalidity insurance coverage and all other employment rights such as paid holidays; welcomes, in this respect, the initiatives of some platforms to provide as first step insurance as well as occupational health and safety measures;
Amendment 265 #
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, fully applied and enforced; notes the potential for imbalanced and asymmetrical relationships between digital labour platforms and workers, who may lack the individual bargaining power to negotiate thefair 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, collective bargaining, and workers’ representation through their trade unions;
Amendment 277 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Regrets the legal difficulties in collective representation faced by platform workers, and is aware that the solo self- employed are wrongly considered ‘undertakings’, and as such are subject to the prohibition on agreements that restrict competition; welcomacknowledges in this regard the inception impact assessment published by the Commission16 , and ask the planned initiative to address this obstacle through an interpretative guidance; is convinced that EU competition law must not hinder the improvement of the working conditions (including the setting of remuneration) and social protection of solo self-employed platform workers through collective bargaining; __________________ 16 https://eur-lex.europa.eu/legal- content/EN/ALL/?uri=PI_COM%3AAres %282021%29102652
Amendment 306 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Considers that platform workers should be entitled to transparent, non- discriminatory and ethical algorithms; believes that algorithm transparency should apply to management functions, task distribution, ratings and interactions, while respecting trade secrets, and that an intelligible explanation of the functioning of the algorithm on the way tasks are assigned, ratings are granted, the deactivation procedure and pricing should always be provided, as well as information in a clear and up-to-date manner on any significant changes to the algorithm; is of the opinion that ethical algorithm implies that all and in particular algorithmic decisions are contestable and reversible, and human intervention guaranteed when needed, and that incentive practices or exceptional bonuses in particular should not lead to risky behaviours; is convinced that non-discriminatory algorithms are those which prevent gender and other social biases;
Amendment 321 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recalls that all online platforms must ensure full compliance with EU non- discrimination and data protection law; believes further that platform workers should have access to all data concerning their own activities, understand how their personal information is processed, and have the right to export their ratings; believes that the possibility of a portable rating certificate, recognised between similar platforms, should be explored; believes that workers’ representatives must have access to personal data, when needed and with the guarantees foreseen in the GDPR;
Amendment 333 #
Motion for a resolution
Paragraph 16
Paragraph 16