Activities of Philip BUSHILL-MATTHEWS related to 2008/2085(INI)
Plenary speeches (1)
Challenges to collective agreements in the EU (debate)
Amendments (33)
Amendment 7 #
Motion for a resolution
Recital B
Recital B
B. Whereas the Commission’s report on industrial relations in Europe 2006 shows that highly developed collective bargaining hascan have a positive influence on social inclusion,
Amendment 25 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. Whereas mobility of workers have contributed highly to employment, prosperity and European integration giving citizens new opportunities to develop knowledge and experience as well as living a better life,
Amendment 26 #
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. Whereas the PWD has given the opportunity to more than a million workers to work abroad under safe and secure conditions without problems or conflicts,
Amendment 28 #
Motion for a resolution
Recital J
Recital J
J. Whereas the European Council has set up principles to create labour market models that have as well as a high level of security as a high level of flexibility, the so called flexicurity model; it is recognised that an important part of a successful flexicurity model can includes strong social partners with a significant scope for collective bargaining,
Amendment 35 #
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 regulateregarding labour market issues; in fact, at that time the ECJ rejected the direct horizontal effect for competition rules on collective bargaining,
Amendment 37 #
Motion for a resolution
Recital L
Recital L
Amendment 42 #
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. Whereas member states following the judgement of the court have the duty to secure that labour market legislation and rules for industrial action are compatible with the freedom to take industrial actions as well as the common rules of the internal market, notes that this is the aim of the governments in the actual Member States,
Amendment 43 #
Motion for a resolution
Recital M
Recital M
Amendment 48 #
Motion for a resolution
Recital N
Recital N
Amendment 56 #
Motion for a resolution
Recital O
Recital O
Amendment 65 #
Motion for a resolution
Recital O b (new)
Recital O b (new)
Ob. Whereas a large majority of employees throughout the EU have chosen not to join a Trade Union, and whereas individual trade union membership has been steadily declining in most Member States,
Amendment 67 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Underlines that the freedom to provide services is a cornerstone of the European project; however, this has to be balanced against fundamental rights and the possibility for governments and trade unionsneed to ensure non-discrimination and equal treatment;
Amendment 88 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Emphasises that the freedom to provide services idoes not superior tocontradict the fundamental right for trade unions to take industrial action; especially, since this is a constitutional right in several Member States; reminds at the same time that freedom of movement is another fundamental right for the citizens of the European Union;
Amendment 112 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Points out that recital 22 in the PWD states that provisions laid down in the PWD should have no effect on the right to take industrial action, in so far as the rules of the internal marked are respected;
Amendment 116 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Emphasises that how to implement equal treatment, equal pay for equal work as well as Articles 39 and 12 of the EC Treaty form the foundation of EC law which needs to be restoredare the responsibility for the Member States as well as the social partners;
Amendment 132 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. UnderlineConsiders that the intention of the legislator in the PWD and Service Directive is not reflected in the ECJ verdicts, which, instead of protecting workers, is inviting unfair competition between companies; companies that sign and follow collective agreements will have a competitive disadvantage to companies that refuse to do so;
Amendment 143 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. RegretNotes that all conditions imposed on foreign employers above minimum levels are seen as obstacles to free movement, if employees do not already receive more favourable conditions in the country of origin;
Amendment 157 #
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 167 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises that the PWD as interpreted by the ECJ would prevent demands for equal pay for work for all workers regardless of does not prevent workers from otheir 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 workerscounties to receive wages which goes beyond the mandatory rules for minimum protection;
Amendment 197 #
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 to interpret the PWD 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, considers that the legal basis of the PWD must be broadened to include a reference to the free movement of workers;
Amendment 205 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Emphasises that the current situation could lead to a situation whereposting of workers in hosthas countries will be pressured by low wage combuted to European integration and prospetrition; this, in turn, could lead to xenophobia and counterproductive angy and giving a result of reduced unemployment and better wagainst the EUes;
Amendment 215 #
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 219 #
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 226 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Recognises that the ECJ rulings make clear that no organisation can operate above the law;
Amendment 228 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on all the Member States to implement the PWD properly; emphasises that labour market legislation and rules for negotiations and collective agreements are the competence of Member States and social partners;
Amendment 232 #
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 243 #
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 256 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Therefore welcomes the Commission's statement from 3 April 2008 which clearly states that they will continue to fight social dumping and that the freedom to provide services is not superior to the fundamental rights ofto strike, and to join a trade unions;
Amendment 261 #
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Emphasises the equally fundamental rights of workers to choose not to strike, the right to choose not to join a trade union, and the right to work under conditions freely negotiated within the law together with their employer, without having that freedom put at risk by the acts of any external organisation pursuing its own interests;
Amendment 264 #
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 291 #
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 299 #
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 305 #
Motion for a resolution
Paragraph 27
Paragraph 27
27. Instructs its President to forward this resolution to the Council and the Commission, and the Parliaments of the Member States.