36 Amendments of Elisabeth MORIN-CHARTIER related to 2015/2255(INI)
Amendment 6 #
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to Articles 151 and 153 of TFEU as well as Article 9 TFEU guaranteeing adequate social protection,
Amendment 11 #
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
- having regard to Council Regulation (EEC) No 3577/92 of 7 December 1992 concerning the application of the principle of free movement of services to maritime transport within Member States, __________________ 1a OJ L 364, 12.12.1992, p. 7.
Amendment 15 #
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
- having regard to the recently adopted decision on Establishing the European Platform to enhance cooperation in the prevention and deterrence of Undeclared Work,
Amendment 40 #
Motion for a resolution
Recital A
Recital A
A. whereas the increased trend towards undeclared work, and bogus self- employment, outsourcing and subcontracting, leading to an increase in precarious jobs and deteriorating levels of worker protection;
Amendment 69 #
Motion for a resolution
Recital C
Recital C
C. whereas the Court of Justice of the European Union in its judgment in case C- 341/05 Laval of 18 December 200710 highlighted on one hand the legitimacy of the struggle against social dumping, and delimitation of respective actions based on the provisions of the Treaty on the other; __________________ 10 http://curia.europa.eu/juris/showPdf.jsf?te xt=&docid=71925&pageIndex=0&doclang =EN&mode=lst&dir=&occ=first&part=1& cid=498309
Amendment 103 #
Motion for a resolution
Recital D
Recital D
D. having regard to the importance of the declaration by the President of the Commission of the principle of ‘equal pay and social protection for the same work at the same place’ for all European workers; whereas legal clarification of this principle and its application is required;
Amendment 113 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the free movement of persons is essential to the European project, and also a prerequisite for achieving economic, social and territorial cohesion goals in order to bring about a solid and sustainable level of competitiveness in all Member States;
Amendment 118 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas undeclared work harms not only workers, but also employers who observe the rules and who thus find themselves facing unfair competition from employers who do not;
Amendment 126 #
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas the posting of workers should facilitate the sharing of skills and professional experience, and not be a cause of social dumping;
Amendment 129 #
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas rigorous action on the part of Member State labour inspectorates and closer, systematic coordination between them are essential;
Amendment 132 #
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. having regard to the importance of assessing the impact of the implementation of Directive 2014/67/EU, once it has been transposed in all Member States, in order to determine its real impact in the struggle against the various types of fraud identified in the context of the posting of workers;
Amendment 153 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to submit a proposal for a directive based on ILO Convention No. 81 on labour inspectionPoints out that 28 Member States have ratified ILO Convention No. 81 on labour inspection; calls on Member States to ensure that all its provisions are implemented;
Amendment 179 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on Member States to increase the staffing levels and resources ofor their labour inspectorates and their liaison offices, in particular for training in the arrangements governing the posting of workers, interpretation and translation;
Amendment 186 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Calls on the Member State to swiftly finalise the implementation of the Enforcement Directive on Posting of workers 2014/67/EU and calls on the Commission to closely monitor the transposition and exercise of corresponding national laws in practice;
Amendment 201 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for the creation of a European body ofon Member States to establish channels for dialogue between their labour inspectorates with regard to cross- border labour inspectors towork, so that they can carry out on- the-spot checks in suspected cases of social dumping, including by identifying 'letterbox companies', which body would work in coordination with the platform for combating undeclared work in order to limit the financial burden involved;
Amendment 228 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls for the implementation by Member States of electronic systems for registering the prior declaration of posting missionsNotes that non-declaration or irregular declarations are among the most common types of fraud; recommends that the prior declaration be made mandatory in all Member States; also calls for the implementation by Member States of electronic systems for registering the prior declaration of posting missions, which would make declarations easier to consult, facilitate coordination between Member States and limit the current legal uncertainties linked to the differences in procedures and documents from one country to another;
Amendment 236 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to submit a proposal for a directive based on ILO Convention No. 189 concerning decent work for domestic workMember States to establish legal frameworks allowing for lawful employment of domestic workers and carers, in order to provide legal certainty for both the workers and their potential employers;
Amendment 283 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls its appeal for the creation of ‘Calls on the Member States to improve considerably information exchange concerning social security for posted workers; recalls its appeal to the Commission to ‘look into the opportunity, and, if necessary, to provide a forgery- proof European social security card (...), on which could be stored all the data needed to verify the bearer’s employment relationship’1; wishes all and which could take into account the information associated with the worker's postings to feature on this cardposting missions of the worker; __________________ 1 http://www.europarl.europa.eu/sides/getDo c.do?pubRef=-//EP//TEXT+TA+P7-TA- 2014-0012+0+DOC+XML+V0//FR
Amendment 310 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Stresses the need to complement the action against the breaches of social rights with a fight against tax fraud and tax evasion, in order to guarantee a fair competition and a level playing field for the enterprises;
Amendment 336 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to combat the phenomenon of letterbox companies by applying more generally the principle that each company should have a single corporate headquarters; recalls the importance of enterprises having a ‘genuine activity’ in their Member State of origin as a justification for the posting or workers; recalls the rejection by the Committee on Employment and Social Affairs of the proposal for a directive on single-person limited liability companies;
Amendment 352 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that Directive 96/71/EC refers only to Articles 57 and 66 TFEU relating to the freedom to provide services and freedom of movement; believes that its legal basis must be complemented by Articles 151 and 153 TFEUdraws attention, further, to the importance of Articles 151 and 153 TFEU, which set the goals for the EU and its Member States concerning the promotion of employment, the improvement of living and working conditions, adequate social protection, the promotion of social dialogue and the fight against exclusion;
Amendment 372 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the notion of 'minimum wage' contained in Directive 96/71/EC should be revised to ensure equal pay for posted workers and local workers in similar positions; stresses the need to respect the collective agreements of the host country and to ensure, through the revision of Regulations (EC) No 883/2004 and (EC) No 987/2009, the payment of gross earnings corresponding to the remuneration paid by the employer before the deduction of taxes and social security contributions payable by employees and withheld by the employer; recalls that specific postings bonusesclarified; stresses the need to respect the collective agreements of the host country; recalls that sums to cover expenses relating to posting, such as board and lodging, should be paid on top of remuneration;
Amendment 381 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Notes the intention of the European Commission to publish the Labour Mobility Package which will allegedly contain certain provisions with regards to posting of workers; calls on the European Commission to make sure new proposals continue to facilitate the freedom to provide services, while protecting workers' rights and are clear, proportionate, non- discriminatory and justified;
Amendment 403 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Wishes maximum periods of postings to be limitedlaid down in Directive 96/71/EC and temporary employment agencies to be excluded from the scope of the directivehe posting of workers in the country in which they reside to be forbidden;
Amendment 409 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Notes that due to differences in Member States labour laws it is difficulty to make a clear distinction between employees and self- employed workers at EU level; thus in order to combat bogus self- employment calls on the Commission to propose specific recommendations based on indicators of the existence of an employment relationship according to the ILO Convention 198 on Employment Relationship Recommendation;
Amendment 436 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for increased controls on the implementation of working time and rest times in transport, a sector which has been hit particularly hard by unfair competition; calls for the introduction of automatic digital records and the development of 'smart tachographs' for all means of transport, including inland waterway transport; recalls the desire expressed in its resolution of 3 July 2012 on road transport that 'by 2020 all vehicles which are not exempted from the application of this Regulation in accordance with paragraphs 2 and 3 (...) shall be fitted with a smart tachograph’12; __________________ 12 www.europarl.europa.eu/sides/getDoc.do? type=TA&reference=P7-TA-2012- 0271&language=EN&ring=A7-2012- 0195#BKMD-7
Amendment 488 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Believes that the rules on cabotage are not sufficiently precise, which facilitates the practice of some road operators of engaging in permanent cabotage; wishes cabotage operations to be subject to mandatory prior notificationCalls for the effective application of the rules on posting to all transport workers covered by Directive 96/71 EC, whatever the implementing rules for transport services and, in particular, cabotage;
Amendment 505 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on the Commission to clarify the working and employment conditions applicable to haulage workers operating in the territory of another Member State, when engaging in transit or cabotage work; also encourages the Commission to reflect on a specific arrangement for highly mobile workers to defend their rights and ensure the smooth functioning of that sector;
Amendment 548 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission shortly to submit a proposal for a directive on requirements with regard to the crews of vessels (regardless of the flag it flies) providing regular cargo, passenger and ferry services operating between Member States so that the conditions applicable on board a vessel are those of the State applying the most favourable standards for workersMember State with which the seafarer's work is most closely connected;
Amendment 560 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission, drawing on the US Jones Act, to take the necessary measures to ensure that vessels carrying goods between two or more European ports are built in Europe, fly an EuropeanEA flag and are owned by a European companycompany situated in the EEA and mainly manned by EEA-domiciled seafarers; calls for the law that is applicable to be associated with the country in which the vessel owner is basseafarers employment agreement to be governed by the Member State with which the seafarer's work is most closely connected;
Amendment 574 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission rapidlyRecalls the importance of tying the development of the digital and sharing economy to the protection of workers in this new sector; calls on the Commission to evaluate the provisions of European legislation applying to this sector and, if necessary, to draw up proposals to combat unfair competition in the digital and sharing economy;
Amendment 599 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. TakStresses the view that a social protocol is necessary to ensure the primacy ofimportance of equality between fundamental rights overand economic freedoms;
Amendment 638 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Desires that wage floors be established, possibly in the form of a minimum wage with due respect for the practices of each Member State; emphasises that this instrument should be set up on the basis of legislation or convention, in accordance with national practices, with due respect for the role of the social partners; believes that these wage floors should represent at least 60 % of the average national wage; calls on the Commission to consult the social partners with a view to introducing, where appropriate, a minimum wage in some border areas associated with highly mobile workers and in particular in the road transport sector;
Amendment 655 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. Supports the development of unemployment benefit arrangements as a mechanism for absorbing asymmetric social shocks withinProposes that the Commission and the Member States give further thought to establishing European unemployment insurance for the euro area;
Amendment 683 #
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the Commission to propose an appropriate legislative vehicle providing that companies haventerprises to assume a duty of care for which they may be held liable, in respect of both their subsidiaries and their subcontractooutsourcers operating in third countries, in order to prevent the risk of violations of human rights, corruption, severe physical injury or environmental damage and the violation of ILO Conventions;
Amendment 693 #
Motion for a resolution
Paragraph 29
Paragraph 29