26 Amendments of Margarita DE LA PISA CARRIÓN related to 2019/2186(INI)
Amendment 23 #
Motion for a resolution
Recital A
Recital A
A. whereas platform work can create employment opportunities, increase choice, provide additional income, and lower barriers to entering the labour market; whereas platform work facilitates flexibility for both workers and clients and for providers, and the matching of demand for and supply of services, as well as innovation in digital tools, which is a useful vector for growth in times of crisis and recovery and optimisation of resources;
Amendment 25 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas work through digital platforms poses a challenge that continuing technical training protocols and the humanities must keep pace with so that, in its respect for dignity, it may serve humankind and not be held captive to a technology that destroys its inherent creativity and personal freedom;
Amendment 30 #
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas there is no need for an ‘international governance system’ nor for joint European work to regulate work on digital platforms in accordance with the subsidiarity principle;
Amendment 37 #
Motion for a resolution
Recital B
Recital B
B. whereas platform work has also raised concerns about precariousness or poor working conditions, lack of access to adequate social protection, fragmented and unstable income, and a lack of occupational health and safety measures, and difficulty with regulating working hours, especially for lower-skilled on- location platform workers and workers performing micro-tasks, as highlighted during the COVID-19 crisis;
Amendment 59 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas there are different types of platform work and what stands out is the decentralisation of tasks through the digital platforms to a multitude of workers, an aspect which can be characterised by depersonalisation of the service provider and competition among workers, which can lead to relationships being instrumentalised;
Amendment 61 #
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas this form of service provision is not the one that typically defines the employment relationship because on-call work via an app (whether online or offline) requires the involvement, connection and coordination of three parties, namely: the service provider, the platform, and the client or user; whereas all this makes it essential that attention is paid to this characteristic of fragmentation and spatial, temporal and functional dispersion;
Amendment 69 #
Motion for a resolution
Recital D
Recital D
D. whereas people working in the platform economy are generally classified as formally self-employed; 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 countries and often the worker even has to pay office expenses;
Amendment 96 #
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 a recommendation at European level action to overcome the resulting legal uncertainty and improve platform workers’ rights;
Amendment 104 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the principle of subsidiarity should always and in every case be respected when an initiative involving a uniform regulation is proposed;
Amendment 121 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that the current European framework is unsatisfactory, with EU legal instruments which do not 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 may 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 136 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Emphasises that the route technology will take in work’s future requires very important ethical and axiological decisions with debates and deep discussions between workers, managers, businessmen and women, and social partners;
Amendment 157 #
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 181 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses the need to better combathandle 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 work, which could be used as guidance for determining the degree of responsibility of platforms towards platform workers;
Amendment 216 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Commits to plans for continuing training to ensure that the technology tools are suitably qualified to meet the challenges these new business models bring;
Amendment 218 #
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Promotes innovation in public employment services in the Member States in order to encourage digitisation and automation of registration processes and make it possible for these new forms of employment relationships to be regularised in a flexible way;
Amendment 219 #
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Bears in mind that pursuant to the subsidiarity principle, it is first and foremost the responsibility of the Member State to ensure job security;
Amendment 248 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls in particular the importance of the Member States extending social protection rights to self-employed platform workers, including people transitioning from one status to another or who have both statuses, for schemes covering maternity and equivalent parental benefits, and unemployment, sickness, healthcare and old-age benefits;
Amendment 263 #
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 onthat the 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 272 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls for social measures to be such that they do not hold back the entrepreneurial drive of business people and continue to generate services, jobs and wealth;
Amendment 280 #
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 considered ‘undertakings’, and as such are subject to the prohibition on agreements that restrict competition; welcomes in this regard the inception impact assessment published by the Commission16, and the planned initiative to address this obstacle; 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, which must include management of contributions for retirement; __________________ 16https://eur-lex.europa.eu/legal- content/EN/ALL/?uri=PI_COM%3AAres %282021%29102652
Amendment 292 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Believes that basic training must be provided to platform workers by the platform at least on the use of their website or the application, as well as occupational health and safety regulations; believes further that platform workers, in particular less qualified workers, should be offered training enabling skilling and re-skilling to improve their employability and career paths; calls for the facilitation of the recognition, validation and portability of attainments in the field of non-formal and informal learning; believes in this regard that a ‘certificate of experience’ should be issued for platform workers who have participated in such training, which could be uploaded on individual learning accounts;
Amendment 301 #
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 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 decisions are contestable and reversible, 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 311 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Considers that algorithms are modelled using data from the present or the past, a fact requiring a guarantee that, when a new social situation arises, these algorithms are trained again with up-to- date data using new information and social characteristics;
Amendment 313 #
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Urges the introduction of control methods in automated algorithms to ensure they continue to comply with ethical standards in order to preserve personal freedom and dignity with a view to the common good;
Amendment 315 #
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Warns that the generation even of ethical algorithms cannot be above the law, morality and customs;
Amendment 316 #
Motion for a resolution
Paragraph 14 d (new)
Paragraph 14 d (new)
14d. Reiterates the importance of any algorithm that generates patterns based on its reading of biometric recognition, facial micro-expressions or analysis, and that these must comply with ethical criteria and human rights to ensure there is no discrimination or manipulative behaviour;