Activities of Csaba SÓGOR related to 2018/0064(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing a European Labour Authority
Amendments (27)
Amendment 26 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) The Charter of Fundamental Rights of the European Union sets out the free movement of persons and workers in Articles 15 and 45, non-discrimination in Article 21, the right of access to placement services in Article 29, the freedom to provide services in Article 16 and fair and just working conditions, social security and healthcare in Articles 31, 34 and 35.
Amendment 27 #
Proposal for a regulation
Recital 2 b (new)
Recital 2 b (new)
(2b) Concerns remain regarding existing barriers to freedom of movement, access to employment, access to social security, and discrimination based on nationality on the Internal Market;
Amendment 28 #
Proposal for a regulation
Recital 2 c (new)
Recital 2 c (new)
(2c) In its Special Report on the Free Movement of Workers1a, the European Court of Auditors included recommendations to the Commission to improve awareness about the tools relating to information provision on the freedom of movement of workers and reporting discrimination as well as to make better use of available information in order to identify types of discrimination. _________________ 1aSpecial Report No 6/2018 “Free Movement of Workers – the fundamental freedom ensured but better targeting of EU funds would aid worker mobility” https://www.eca.europa.eu/en/Pages/DocI tem.aspx?did=44964
Amendment 29 #
Proposal for a regulation
Recital 2 d (new)
Recital 2 d (new)
(2d) Severe labour exploitation occurs in many economic sectors in the EU and affects diverse groups of cross-border workers, both EU and non-EU citizens. As recommended by the European Union Agency for Fundamental Rights1a, such practices should be addressed among others through a comprehensive system of targeted inspections of working conditions; _________________ 1aFRA Report: Severe labour exploitation: workers moving within or into the European Union http://fra.europa.eu/en/publication/2015/s evere-labour-exploitation-workers- moving-within-or-european-union
Amendment 34 #
Proposal for a regulation
Recital 5
Recital 5
(5) A European Labour Authority (the ‘Authority’) should be established in order to help facilitate cross-border labour mobility, strengthen fairness and trust in the Single Market and ensure equal access to employment and social security for mobile citizens. To that effect, the Authority should support the Member States and the Commission in strengthening access to information for individuals and employers about their rights and obligations in cross- border labour mobility situations as well as access to relevant services, support compliance and cooperation between the Member States to ensure the effective application of the Union law in these areas, and mediate and facilitate a solution in case of cross- border disputes or labour market disruptions.
Amendment 41 #
Proposal for a regulation
Recital 6
Recital 6
(6) The Authority should perform its activities in the areas of cross-border labour mobility and social security coordination, including free movement of workers, posting of workers and highly mobile services. It should also enhance cooperation between Member States in tackling undeclared work. In cases where the Authority, in the course of the performance of its activities, becomes aware of suspected irregularities, including in areas of Union law beyond its scope, such as violations of working conditions, health and safety rules, severe labour exploitation or the employment of illegally staying third-country nationals, it should be able to report them and cooperate on these matters with the Commission, competent Union bodies, and national authorities where appropriate.
Amendment 46 #
Proposal for a regulation
Recital 9
Recital 9
(9) The individuals covered by the activities of the Authority should be persons who are subject to the Union law within the scope of this Regulation, including workers, self-employed persons, jobseekers, and economically non-active persons in cross-border situations; this should cover both Union citizens and third- country nationals who are legally resident in the Union, such as posted workers, EU Blue Card holders, intra-corporate transferees or long-term residents, as well as their family members and who are mobile within the EU.
Amendment 63 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) Labour mobility contributes to responding timely and effectively to labour market needs; it stimulates innovation and development and is a vehicle for transferring and upgrading skills. Growing skills shortages in Europe and high levels of unemployment in a number of countries show that the potential of geographic mobility in the EU is not fully tapped. In this context persisting concerns regarding barriers to freedom of movement, access to employment, access to social security, and discrimination based on nationality on the Internal Market should be addressed.
Amendment 64 #
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4b) Severe labour exploitation occurs in many economic sectors in the EU and affects diverse groups of cross-border workers, both EU and non-EU citizens. As recommended by the European Union Agency for Fundamental Rights1a, such practices should be addressed among others through a comprehensive system of targeted inspections of working conditions; __________________ 1a FRA Report: Severe labour exploitation: workers moving within or into the European Union http://fra.europa.eu/en/publication/2015/s evere-labour-exploitation-workers- moving-within-or-european-union
Amendment 74 #
Proposal for a regulation
Recital 5
Recital 5
(5) A European Labour Authority (the ‘Authority’) should be established in order to help facilitate cross-border labour mobility, strengthen fairness and trust in the Single Market and ensure equal access to employment and social security for mobile citizens. To that effect, the Authority should support the Member States and the Commission in strengthening access to information for individuals and employers about their rights and obligations in cross- border labour mobility situations as well as access to relevant services, support compliance and cooperation between the Member States to ensure the effective application of the Union law in these areas, and mediate and facilitate a solution in case of cross- border disputes or labour market disruptions.
Amendment 76 #
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
The objective of the Authority shall be to contribute to ensuring fair labour mobilitysupport the free movement of workers and services and to contribute to strengthening fairness in the internal market. To this end, the Authority shall:
Amendment 77 #
Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(aa) facilitate the identification of barriers to freedom of movement, access to employment and access to social security on the Internal Market.
Amendment 83 #
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) carry out analyses and risk assessments on issues of cross-border labour mobility and barriers to the free movement of workers and services, in accordance with Article 11;
Amendment 84 #
Proposal for a regulation
Article 5 – paragraph 1 – point e a (new)
Article 5 – paragraph 1 – point e a (new)
(ea) support Member States with capacity building in relation to making targeted inspections to identify and sanction severe labour exploitation practices;
Amendment 90 #
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(ca) register complaints of workers and employers with regard to alleged infringements to the free movement of workers, freedom of establishment and freedom to provide services on the internal market and issue proposals for competent member State authorities and the Commission to solve those issues;
Amendment 99 #
Proposal for a regulation
Recital 6
Recital 6
(6) The Authority should perform its activities in the areas of cross-border labour mobility and social security coordination, including free movement of workers, posting of workers and highly mobile services. It should also enhance cooperation between Member States in tackling undeclared work. In cases where the Authority, in the course of the performance of its activities, becomes aware of suspected irregularities, including in areas of Union law beyond its scope, such as violations of working conditions, health and safety rules, severe labour exploitation, or the employment of illegally staying third-country nationals, it should be able to report them and cooperate on these matters with the Commission, competent Union bodies, and national authorities where appropriate.
Amendment 106 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Authority shall assess risks and carry out analyses regarding cross-border labour flows, such as labour market imbalances, sector-specific threats anddevelopments, barriers to the free movement of workers and services, discrimination in access to employment and other recurring problems encountered by individuals and employers in relation to cross-border mobility. For that purpose, the Authority shall ensure complementarity with, and draw on the expertise of, other Union agencies or services, including in the areas of skills forecasting and health and safety at work. Upon a request by the Commission, the Authority may carry out focused in-depth analyses and studies to investigate specific labour mobility issues.
Amendment 114 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
The Authority shall establish cooperation arrangements with other decentralised Union agencies where appropriate. , in particular with the agencies established in the area of employment and social policy as well as the agencies dealing with the areas of fight against organised crime and trafficking in human beings and severe labour exploitation;
Amendment 124 #
Proposal for a regulation
Recital 9
Recital 9
(9) The individuals covered by the activities of the Authority should be persons who are subject to the Union law within the scope of this Regulation, including workers, self-employed persons, jobseekers, and economically non-active persons in cross-border situations; this should cover both Union citizens and third- country nationals who are legally resident in the Union, such as posted workers, EU Blue Card holders, intra-corporate transferees or long-term residents, as well as their family members and who are mobile within the EU.
Amendment 282 #
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
The objective of the Authority shall be to contribute to ensuring fair labour mobilitysupport the free movement of workers and services and to contribute to strengthening fairness in the internal market. To this end, the Authority shall:
Amendment 300 #
Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(aa) facilitate the identification of barriers to freedom of movement, access to employment and access to social security on the Internal Market;
Amendment 358 #
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) carry out analyses and risk assessments on issues of cross-border labour mobility and barriers to the free movement of workers and services, in accordance with Article 11;
Amendment 361 #
Proposal for a regulation
Article 5 – paragraph 1 – point e a (new)
Article 5 – paragraph 1 – point e a (new)
(ea) support Member States with capacity building in relation to making targeted inspections to identify and sanction severe labour exploitation practices in cross-border situations;
Amendment 421 #
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(ca) register complaints of workers and employers with regard to alleged infringements to the free movement of workers, freedom of establishment and freedom to provide services on the internal market and issue proposals for competent member State authorities and the Commission to solve those issues;
Amendment 659 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Authority shall assess risks and carry out analyses regarding cross-border labour flows, such as labour market imbalances, sector-specific threats anddevelopments, barriers to the free movement of workers and services, discrimination in access to employment and other recurring problems encountered by individuals and employers in relation to cross-border mobility. For that purpose, the Authority shall ensure complementarity with, and draw on the expertise of, other Union agencies or services, including in the areas of skills forecasting and health and safety at work. Upon a request by the Commission, the Authority may carry out focused in-depth analyses and studies to investigate specific labour mobility issues.
Amendment 760 #
Proposal for a regulation
Article 14
Article 14
Amendment 776 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
The Authority shall establish cooperation arrangements with other decentralised Union agencies where appropriate, in particular with the agencies established in the area of employment and social policy as well as the agencies dealing with the areas of fight against organised crime, trafficking in human beings and severe labour exploitation.