28 Amendments of Bernard LEHIDEUX
Amendment 2 #
2008/2334(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Nevertheless notes the inadequacy of the European recovery plan, and hence calls on the Member States, and in particular those belonging to the euro area, to examine the possibility of a major European loan, guaranteed jointly by the Member States, of around 3 % of the GDP of the European Union, from which each Member State would be free to draw its share;
Amendment 19 #
2008/2330(INI)
Motion for a resolution
Recital C
Recital C
C. whereas in 2006, 16% of European citizens were at-risk-of-poverty. Single parents, unemployed people, people with disabilities, young people and elderly people are especially vulnerable,
Amendment 36 #
2008/2330(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the effects of the financial crisis on the real economy are not fully known but it will be difficultimpossible to reach the target of creating 5 million jobs in the EU between 2008 and 2009. An economic recession will lead to higher unemployment and possibcertainly more poverty and will pose challenges for the European social model,
Amendment 43 #
2008/2330(INI)
Motion for a resolution
Recital I
Recital I
I. whereas social dialogue can be importantis essential to tackle the confidence crisis that is being aggravated by the economic crisis many people in our society are afraid of the future, and currently their concerns are not of fighting for more rights, but of trying to maintain their current rights,
Amendment 53 #
2008/2330(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas it is regrettable that the renewed social agenda does not deal with the question of the legal security of general interest social services,
Amendment 77 #
2008/2330(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that the EUuropean Union should support the infrastructures of the Member States' social models, particularly general interest social services, by reaffirming the importance of their universal access, quality and sustainability;
Amendment 79 #
2008/2330(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to submit a legislative proposal seeking to guarantee the legal security of general interest social services;
Amendment 95 #
2008/2330(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls for a more effective prevention and combating of early school leaving under the motto that 'school pays off'; calls for effectively organised education systems and school curricula adapted towhich take account of tomorrow's economyjob market;
Amendment 104 #
2008/2330(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Draws attention to the need for a more balanced approach between flexibility, security and the need to ensure decent wages aiming at integrating young people, long-term unemployed people and disadvantaged people into the labour market; calls in this respect upon the Council and the Commission to take into account Parliament's resolution of 29 November 2007 on Common Principles of Flexicurity;
Amendment 110 #
2008/2330(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Highlights that social and employment policies should actively motivate people to look for job opportunities or start their own entrepreneurial activity while also mitigating income loss and providing opportunities for education that will help them switch to other jobs;
Amendment 131 #
2008/2330(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Suggests to social partners that they could discuss new methodologies for wage policies which could include higher incorporation of companies' proceeds in employees' earnings through the use of schemes that mitigate the impact of inflation; considers that such schemes could allow for channelling employees' extra earnings to special capital funds created by companies; calls for a debate regarding incentives forways of encouraging companies to engage in those methodologies, and furthermore calls for a debate regarding a legal framework that regulates the access of employees to those funds in a gradual way over time;
Amendment 166 #
2008/2330(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Calls on the Commission to launch a debate on how those not in full-time employment (temporary workers, part- time workers, workers on fixed-term contracts) can be brought into the social dialogue, from which they are currently excluded;
Amendment 13 #
2008/2085(INI)
Motion for a resolution
Recital C
Recital C
C. whereas, according to the preamble of the PWD, the promotion of the transnational provision of services requires a climate of fair competition and measures guaranteeing respect for the rights of workers in full keeping with the reference framework of labour law and industrial relations in the Member States,
Amendment 33 #
2008/2085(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the Albany judgement (C- 67/96) in the field of competition law gave substantial and large space for trade unions to regulate labour market issues; in fact, at that time the ECJ rejected the direct horizontal effect for competition rules on collective bargaining,
Amendment 38 #
2008/2085(INI)
Motion for a resolution
Recital L
Recital L
L. whereas the ECJ in both the Laval and Rüffert cases made a completely differadopted case-specific judgments interpretation of European legislation than the advocate general the Laval, Rüffert and Viking cases,
Amendment 52 #
2008/2085(INI)
Motion for a resolution
Recital N
Recital N
N. whereas the ECJ in the Rüffert case has significantly diminished the scope for Member States to regulate their collective bargaining and also narrows down the purpose of the PWD, neglecting the PWD’s two fold aim – protection of workers and free movemenserious consequences are liable to arise in relation to the following issues, in respect of which pointers should be established: - reduction in trade unions’ scope to demand better working conditions for posted workers than those applied in the country of origin, - significant reduction in the prerogative of Member States to regulate their collective bargaining, - limitation of the scope and legal basis of the PWD, which should continue to relate to two fold guarantee of the safeguarding of workers and free movement, - introduction of the horizontal direct effect of Articles 43 and 49, which can be used by employers and service providers to challenge collective agreements and industrial actions with a cross-border effect,
Amendment 60 #
2008/2085(INI)
Motion for a resolution
Recital O
Recital O
Amendment 125 #
2008/2085(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Underlines the importance of not allowing the verdicts to negatively eaffecting labour market models that already today are able to combine a high degree of flexibility on the labour market with a high level of security and, instead, of further promoting this approach;
Amendment 130 #
Amendment 140 #
2008/2085(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines that the intention of the legislator in the PWD and Services Directive is not reflected in the ECJ verdicts,incompatible with interpretations which, instead of protecting workers, is invitinge unfair competition between companies; companies that sign and follow collective agreements will have a competitive disadvantage to companies that refuse to do so;
Amendment 163 #
2008/2085(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Questions the introduction of a proportionality principle in the Viking case for the right to use collective action against undertakings which, when using the right of establishment or the right to provide services across borders, deliberately undercut terms and conditions of employment; such a proportionality principle is not compatible with the character of this right as a fundamental right; there should be no question about the right of trade unions to use industrial action to uphold equal treatment and secure decent working conditions;
Amendment 171 #
2008/2085(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises that the PWD as implicitly interpreted byin the ECJjudgments would prevent demands for equal pay for work for all workers regardless of their nationality or that of their employer in the place where the service is provided; this runs counter to the principle of non-discrimination which is established in the Treaty especially with regard to the mobility of workers;
Amendment 181 #
2008/2085(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Regrets the fact that even though the PWD was formulated as a minimum standard directive, the ECJ determinescertain interpretative guidelines suggest that those minimum standards must be regarded as the maximum in the context of the Laval judgement; this approach causes great concerns as to whether any directives decided on the basis of a minimum approach are regarded as valid; if all directives in the social dimension were to be reformulated as maximum directives, as in the case of the PWD, the consequences would be enormous;
Amendment 200 #
2008/2085(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Is of the opinion that the limited legal basis of free movement of the PWD has led the ECJ tomay lead to the PWD being interpret the PWDed in this way, creating an explicit invitation to unfair competition on wages and working conditions driving them downwards, which is in clear contradiction to the stated aim of the PWD (to ensure a climate of fair competition) and the objective of the EU as established in the Treaty (improvement of living and working conditions); therefore, the legal basis of the PWD must be broadened to include a reference to the free movement of workers;
Amendment 218 #
2008/2085(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Regrets that the ECJeven judicial rulings fails to take into sufficient consideration ILO cConvention 94, and fears that the ECJ judgement in Rüffert may impede the ratification of ILO 94; this would be counter to the further development of social clauses in public procurement regulations, which is an aim of the Public procurement directive 2004;
Amendment 248 #
2008/2085(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 14 #
2008/2035(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the sectors most affected by undeclared work are labour-intensive ones such as farming, construction and domestic, accommodation and catering services, typical features of whi. Whereas these sectors suffer from a negative image making them less attractive, especially as some of them are ch are precariousness and harsh pay conditionacterised by a relative lack of job security and pay conditions that are unattractive by comparison with the remuneration offered in other sectors,
Amendment 99 #
2008/2035(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Expresses a demand for contractual parties who use subcontractors to be held liable for any contributory or fiscal irregularities on the part of their direct subcontractors. This is on condition that the principal contracting party was negligent in not carrying out a certain number of checks laid down by each Member State;