Activities of Danuta JAZŁOWIECKA related to 2015/2255(INI)
Shadow reports (1)
REPORT on social dumping in the European Union PDF (540 KB) DOC (186 KB)
Amendments (47)
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 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 34 #
Motion for a resolution
Recital A
Recital A
A. having regard to the increased trend towardsexisting phenomena of undeclared work, and bogus self- employment, outsourcing and subcontracting, which leading to an increase in precarious jobs and deterioratinge levels of worker protection,; having regard to an increasing trend towards outsourcing and subcontracting which may create possibilities to abuse existing labour and social law;
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 77 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. having regard to the fact that there is no legal definition of social dumping which may create confusion with respect to respective recommendations and their application;
Amendment 84 #
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. having regard that to the fact that there are different ways on how "social dumping" is being interpreted and that for the purpose for this report social dumping should be considered as "the intended abuse or circumvention of existing European and national laws in order to gain competitive advantage while unlawfully minimising labour and operational costs and not respecting workers' rights;
Amendment 88 #
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. having regard to the distinction in the EU law of rules governing the free movement of workers, the right of establishment and the freedom to provide services;
Amendment 92 #
Motion for a resolution
Recital D
Recital D
D. having regard to the importance of the principle of 'equal pay and social protectioArticle 45 of TFEU stipulating that freedom of movement shall entail the abolition of any discrimination based on nationality between fwor the same work at the same place' for all European workers,kers of the Member States as regards employment, remuneration and other conditions of work and employment;
Amendment 121 #
Motion for a resolution
Recital D b (new)
Recital D b (new)
D b. having regard to the fact that one of the main principles of EU policies is a social cohesion, which means a constant and ongoing approximation of wages and social security protection guaranteed to all workers, be it local or mobile;
Amendment 137 #
Motion for a resolution
Recital D d (new)
Recital D d (new)
Dd. Due to a very wide meaning and various possibilities of interpretation of "social dumping" , as well as due to the fact that this term is often being wrongly overused, calls on all relevant stakeholders to limit its use and instead to be more precise and refer to concrete examples of abuse of law;
Amendment 151 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to submit a proposal for a directive based onEncourages Member States to ratify and implement the ILO Convention No. 81 on labour inspection;
Amendment 171 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on Member States to increase thsecure appropriate staffing levels and resources ofor their labour inspectorates and their liaison offices, in particular for interpretation and translation and to make sure that inspections are proportionate, justified and non- discriminatory;
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 191 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for the creation of a European body of cross-border labour inspectors to carry obetter and more efficient cooperation and exchange of information between Member States' administrations responsible for labour inspections and for distribution of social security contribut ion-the-spot checks in suspected cases of social dumping, including by identifying 'letterbox companies', which body woulds in order to detect in a timely and efficient ways cases of breach of labour and social law; calls on Member States to use all possibilities given by the Enforcement Directive on the posting of workers 2014/67/EU in order to identify and penalise 'letterbox companies'; recommends to the Commission to consider changing the Eurodetachement projects into a permanent platform of exchange, common training and collaboration for labour inspectors and public officials of liaison offices on Posting involved in control and monitoring, which could be included or work in coordination with the platform against undeclared work in order to limit the financial burden involved;
Amendment 226 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls for the implementation byon Member States ofto make electronic systems available for the registration of the prior declaration of posting missions;
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 250 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Takes the view that the competent authorities should be able to suspend the provision of servicimplement discouraging fines in cases of serious breaches of legislation on postings; considers that the amount of the fines should exceed employees' contributionstresses the importance of provisions of the Enforcement Directive on Posting of workers 2014/67/EU on the cross-border enforcement of financial administrative penalties and/or fines, guaranteeing the effective, proportionate and dissuasive character of the latters;
Amendment 268 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Requests that information on postings should not be retroactive and should be entered in a European electronic register; stresses that the competent authorities of the host Member State should be able to revise form A1 in the event of serious doubts about whether a posting is genuineCalls on Member States to exchange information in a timely and efficient manner especially in cases where competent authorities of the host Member State may have serious doubts about whether a posting is genuine and about the reliability of A1 forms provided; stresses that the improved access to information for workers, employers and labour inspectors such as single national website is a key tool in the fight against abuses of rules;
Amendment 284 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls its appeal forInvites the Commission to consider evaluating the feasibility of the creation of 'a forgery-proof European social security card (...)or other EU-wide electronic document on which could be stored all the data needed to verify the bearer’'s social security status based on an employment relationship'11 [1]; wishes all the necessary information associated with the worker's postings to feature on this card; __________________ 11 http://www.europarl.europa.eu/sides/getDo c.do?pubRef=-//EP//TEXT+TA+P7-TA- 2014-0012+0+DOC+XML+V0//EN
Amendment 293 #
Motion for a resolution
Paragraph 9
Paragraph 9
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 321 #
Motion for a resolution
Subheading II
Subheading II
II. Addressing regulatory gaps in order to implement the principle of 'equal pay and equal social protection for the same work'enforce national and European labour and social law
Amendment 329 #
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 headquarterarefully monitor the implementation of the Enforcement Directive on the posting of workers in terms of its effectiveness in combating the phenomenon of letterbox companies; recalls the rejection by the Committee on Employment and Social Affairs of the proposal for a directive on single-person limited liability companies as some of the provisions suggested could facilitate creation of this kind of entities;
Amendment 349 #
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 366 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. ConsiderRecalls 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 positionsDirective 96/71/EC on the posting of workers contains a very important safeguard clause which obliges employers to apply minimum terms and conditions of employment applicable in the receiving country unless they are less favourable to posted workers; notes that this safeguard clause guarantees fair competition; calls on all posting companies to fully apply this principle, on Member States to control its application and on the European Commission to control its enforcement; stresses the need to respect the universally applicable collective agreements of the host country and to ensure, through the revision ofhe 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 bonuses should be paid on top of remuneration; notes the recent ECJ ruling C-396/13 Sähköalojen ammattiliitto ry v Elektrobudowa Spółka Akcyjna clarifying the concept of 'minimum rates of pay' for posted workers;
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 399 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Wishes periods of postCalls on competent authorities in Member States to carefully control, accordings to be limited in Directive 96/71/EC and temporary employment agencies to be excluded from the scope of the directiveexisting rules, whether provision of services, making use of posted workers, is temporary; underlines importance of elements listed in article 4 of the Enforcement Directive in this respect;
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 419 #
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Calls on the Commission to face new challenges with respect to social protection of workers in digital and sharing economy and to draw up proposals where necessary;
Amendment 421 #
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Calls on all Member States to secure equal treatment of EU migrant workers with regards to their terms and conditions of employment in the host Member State;
Amendment 431 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for increasedmore efficient controls on the implementation of working time and rest times in transport; 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 on a swift implementation of the Regulation No 165/2014 on the tachographs in the road transport; __________________ 12 www.europarl.europa.eu/sides/getDoc.do? type=TA&reference=P7-TA-2012- 0271&language=EN&ring=A7-2012- 0195#BKMD-7
Amendment 446 #
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 465 #
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 493 #
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 notification; calls for clarity in this respect in order to make sure which terms and conditions of employment and administrative requirements should apply;
Amendment 516 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses the need for a new regulation on groundhandling at airports to ensure mandatoryappropriate social and wage protection for workers in the event of new calls for tenders or the partial loss of work; supports the introduction of rules to ensure the effective implementation of laws with regard to airlines with 'operational bases' on the territory of a Member State as well as a better quality of services and level playing field for service providers; calls for the clarification of the definition of 'home base' to protect the social rights of cabin crews, in particular their rest periods;
Amendment 533 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on Member States to review their laws to eliminate precarious contracts called 'zero hour contracts' or 'pay to fly contracts'make sure that flexible employment contracts have an appropriate social security coverage under national and EU law; believes that precariousunsecure working conditions arcan be an additional safety risk;
Amendment 542 #
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 565 #
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 594 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Takes the view that a social protocol is necessary to ensure the primacy ofRecalls that the EU law provides clear rules on the fundamental rights overand economic freedoms and that this is further specified by existing ECJ rulings;
Amendment 605 #
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. calls for respect and promotion of cooperation among employers' and employees' representatives aimed at anticipating and reacting to the changes in the labour market and at reaching agreements on higher standards of employment;
Amendment 612 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recalls the Commission's commitment to proposing a basis of minimum social rights; emphasises that the establishment of criteria for comparing the various national social systems cannot provide such a basis, but can only serve as a preliminary analytical frameworkrole to propose minimum legal requirements in view to achieve objectives set in the art.151 TFEU taking account of the diverse forms of national practice and the subsidiarity principle;
Amendment 628 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Desires that wage floors be established, possibly in the form of a minimum wage; 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 workersEncourages Member States to introduce, according to their national law and practice and after consulting social partners, a national minimum wage; invites Member States, where this is feasible, to make the minimum wage represent at least 60% of the average national wage;
Amendment 658 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. Supports the development of unemployment benefit arrangements as a mechanism ft Member States level and their por tabsorbing asymmetric social shocks within the euro areaility under the EU social security coordination;
Amendment 672 #
Motion for a resolution
Paragraph 27
Paragraph 27
27. CRecalls on the Commission to propose a legal instrument to address the cross- border dimensions of outsourcing, extending the joint and several liability of the payer to include all economic sectors athat Member States can set up, in consultation with the concerned social partners, "joint and several liability" mechanisms at national level applicable towards local and foreign companies in order to enable local and foreign workers to execute their rights; reminds the entire subcontracting chainat such a possibility was confirmed by the Enforcement Directive on the Posting of workers;
Amendment 676 #
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Recognizes the risks related to long chains of subcontracting; calls on the Commission to carefully monitor the application of the obligation put on Member States in the Enforcement Directive to provide for measures ensuring that in the construction sector in subcontracting chains posted workers can hold the contractor of which the employer is a direct subcontractor liable for the respect of their workers' rights;
Amendment 679 #
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the Commission to propose an appropriate legislative vehicle providing that companies have a duty of care for which they may be held liable, in respect of both their subsidiaries that their subcontractors operating in third countriesall relevant stakeholders to put in place an appropriate cooperation 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 699 #
Motion for a resolution
Paragraph 29
Paragraph 29
29. Considers that Directive 96/71/EC and the rules coordinating social security systems must be revianalysed before any trade agreement including provisions relating to 'Mode 4' can be concluded;