34 Amendments of Jutta STEINRUCK related to 2015/2094(INI)
Amendment 1 #
Draft opinion
Citation 1 (new)
Citation 1 (new)
- having regard to its resolution of 12 May 2011 on the proposed ILO convention supplemented by a recommendation on domestic workers,
Amendment 2 #
Draft opinion
Citation 2 (new)
Citation 2 (new)
- having regard to ILO Convention No 189 and Recommendation n° 201 on Decent Work for Domestic Workers adopted on 16 June 2011 by the ILO's International Labour Conference,
Amendment 3 #
Draft opinion
Citation 3 (new)
Citation 3 (new)
- having regard to Vienna Convention on Diplomatic Relations, 1961,
Amendment 4 #
Draft opinion
Recital -A a (new)
Recital -A a (new)
-Aa. whereas domestic work and carers contribute greatly to gender equality targets of the Europe 2020 strategy by effectively providing infrastructure to achieve work-life balance for many families in the EU; whereas, on the other hand, domestic work and carers´ constitute a big sector of employment in itself where 83 % of employees are women and which is largely undeclared work,
Amendment 5 #
Draft opinion
Recital -A b (new)
Recital -A b (new)
-Ab. whereas despite the added value it brings to the society and the economy and the potential it holds, domestic work remains undervalued in monetary terms, often informal, undocumented and perceived as something other than regular employment,
Amendment 6 #
Draft opinion
Recital -A c (new)
Recital -A c (new)
-Ac. whereas the ILO Convention n° 189 and Recommendation n° 201 on Decent Work for Domestic Workers represent a historical set of international standards aimed at improving the working conditions of tens of millions of domestic workers worldwide; whereas most domestic workers are women and the new standards set up in the ILO Convention are an important step to advance gender equality in the world of work and ensure women's equal rights and protection under the law; whereas, however, the ILO Convention n° 189 has to date been ratified by 22 States, of which only 6 are Member States of the EU,
Amendment 7 #
Draft opinion
Recital -A d (new)
Recital -A d (new)
-Ad. whereas to this day domestic work and carers work in the EU are very scarcely and unevenly regulated in the Member States, and although being a growing sector due to demographic change in Europe, very little is known about its´ real size in the economy and there is a lack of reliable statistical data on it,
Amendment 13 #
Draft opinion
Recital A
Recital A
A. having regard to the varyingwhereas, the conditions under which wdomen are employed as domestic workers or carers, which can be asstic workers or carers are employed vary greatly from one Member State to another from undeclared workers, undocumented, casual or and undeclared migrant workers with no contract, or no recognition of their qualificationto domestic work and care being provided as public social service or as private social service provided by businesses, agencies, associations and cooperatives, or as direct employment by private entities,
Amendment 15 #
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas domestic workers are affected by significant discrimination regarding the level of the rights and protection that applies to them if compared to a country's general standards, especially where domestic work is regulated through specific legislation and/or collective bargaining instead of being simply covered by general labour law; whereas the most important forms of discrimination regard domestic workers' limited coverage by social security (particularly unemployment benefits, sickness and accident pays as well as maternity, parental and other care leaves) and their frequent exclusion from dismissal protection,
Amendment 21 #
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas according to the ILO Convention 189 a "domestic worker" is any person engaged in domestic work within an employment relationship, whether for one or more households, but a person who performs domestic work only occasionally or sporadically and not on an occupational basis is not a domestic worker,
Amendment 24 #
Draft opinion
Recital A c (new)
Recital A c (new)
Ac. whereas "care" means work carried out in public or private institutions or in private household(s) to provide personal care for elderly, ill or disabled people and whereas care work can be performed by professional carers who can be employed by public or private entities or families or be self-employed, and or it can also be performed by non-professional carers, who are usually family members,
Amendment 27 #
Draft opinion
Recital A d (new)
Recital A d (new)
Ad. whereas the growing number of older people, the declining number of working age people, and public budget constraints are having a strong impact on social services and whereas this will also have an impact on persons having to combine work and care responsibilities often in challenging circumstances,
Amendment 30 #
Draft opinion
Recital A e (new)
Recital A e (new)
Ae. whereas dependant people also live in areas affected by the lack of public resources, isolation or by other circumstances which make it difficult to have access to professional carers or public or private care institutions, and whereas these dependants might be only looked after by non-professional carers who, very often but not always, are family members,
Amendment 31 #
Draft opinion
Recital A f (new)
Recital A f (new)
Af. whereas professionalization means granting workers of certain sector employment and social protection rights that are equivalent to those held by employees working under employment contracts regulated by law, including decent wage, regulated working hours, paid leave, health and safety at work, pension, maternity/paternity and sick leaves, compensation in the event of invalidity, rules governing dismissal or termination of the contract, redress in the event of abuse and access to training; whereas domestic work and care sector can be professionalised through a combination of public finance (tax breaks), social finance (family allowances, aid to businesses, mutual societies and health insurance, works councils, etc.) and private finance (payment for services by private individuals),
Amendment 35 #
Draft opinion
Recital B
Recital B
B. having regard to the difficulties womenwhereas domestic workers and carers encounter difficulties in entering the regular labour market owing to legal, administrative or linguistic obstacles, difficulties combining work and personal life, or the fact of being under 18, among other barriers,
Amendment 37 #
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas attention must be paid to child labour, harassment and extensive working rights abuses in the sector of domestic work, particularly in the diplomatic households of third countries established in the EU Member States, where domestic workers in most cases enter EU on a different work permit than other domestic migrant workers and where households enjoy ex-territoriality principle,
Amendment 41 #
Draft opinion
Recital B b (new)
Recital B b (new)
Bb. whereas the current Directive on Safety and Health at Work (Directive 89/391/EEC) covers formally employed domestic workers and carers with the exceptions of workers directly employed by private households,
Amendment 43 #
Draft opinion
Recital C
Recital C
Amendment 73 #
Draft opinion
Paragraph 1
Paragraph 1
1. EncouraUrges the Member States to ratify ILO Convention 189, and urges those who have already done so to apply it stringently; recalls that, in accordance with the ILO's Constitution, governments have the obligation to submit the Convention and Recommendation to their national legislatures in order to promote measures for the implementation of these instruments, and that, in the case of the Convention, the submission procedure also aims to promote ratification;
Amendment 76 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers that ratification by all EU Member States would be an important step forward in the promotion and protection of human rights and a strong political signal against all forms of abuse, harassment and violence committed against all workers and namely women domestic workers;
Amendment 79 #
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls on the Commission to propose urgently Carers´ Leave Directive and a framework for recognition of non- professional carers' status which offers them minimum standards of social protection during the time they perform the care tasks and support in terms of training and specific actions helping them improve their living and working conditions;
Amendment 80 #
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Urges the Commission and Member States to revise any European Directives and national legislation which contain discriminatory policies towards domestic workers and carers, such as specifically excluding them from certain rights; calls on those Member States which have not yet done so develop clear framework regulation in their national law allowing for legal and organised employment of domestic workers and carers, in order to provide legal certainty for both – workers of this sector and their potential employers;
Amendment 81 #
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Recommends Member States that clear regulation for legal employment of domestic workers and carers should be supported by incentives for domestic workers as well as their potential employers to choose the legal way of employment;
Amendment 82 #
Draft opinion
Paragraph 1 e (new)
Paragraph 1 e (new)
1e. Highlights that training, support and protection for non-professional carers is also important given the important task they carry in areas where other resources are not available; calls on the Commission and the Member States to develop initiatives, involving training courses, access to minimum social protection and income, addressed to this particular group in order to offer them adequate living and working conditions in carrying out their tasks;
Amendment 83 #
Draft opinion
Paragraph 1 f (new)
Paragraph 1 f (new)
1f. Calls on the Commission and the Member States to promote the creation of workers' cooperatives in the care and household services sectors, with special attention to the rural areas, given the positive effects that this will have on the creation of quality and sustainable jobs, especially for those workers who have difficulties in integrating the labour market;
Amendment 90 #
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for measures to be takenon the Member States to encourage the transition from the informal to the formal economy and to ensure full compliance with the law on issues affecting this group,sector and to step up labour inspections so as to clamp down on unlawful behaviour and to facilitate and incentivise legal hiring practices, especially regarding cases of human trafficking and labour exploitation and those involving companies providing domestic and care services using undeclared and bogus self- employment, so as to clamp down on the considerable amount of illegal work in this sector and protect workers, with especial attention to migrant women; hopes that the situation of domestic workers and carers will be sufficiently addressed in the future work of the European Platform against Undeclared Work;
Amendment 92 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission and Member States to guarantee the same provisions on health and safety at work for all domestic workers and carers regardless the employment type, i.e. for formally employed workers and for workers directly employed by private households;
Amendment 98 #
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls on the Commission and the Member States to gather, analyse and publish reliable statistical data broken down by age, sex and nationality so as to enable informed discussions while looking for best solutions on how to professionalise the sector of domestic work;
Amendment 100 #
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Calls on the Commission to include discussions on the situation of domestic workers and carers sectors in the agenda of the Employment Committee (EMCO);
Amendment 116 #
Draft opinion
Paragraph 3
Paragraph 3
3. Recommends theat Member States, in cooperation with social partners, should consider establishment of an office, a helpline and a website providing assistance and information on the rights and obligations of wdomenstic workers in each Member Stateand carers as well as their employers, perhaps also offering model employment contracts in each Member State; recommends that national information campaigns should be organised to raise the awareness of the public about the possibilities of legal employment in domestic work and care sector, rights and obligations of both workers and employers, especially where schemes exist to incentivise legal employment in this sector;
Amendment 117 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Reminds Member States that under Vienna Convention on Diplomatic Relations, it is the duty of diplomatic delegations to respect the laws and regulations of their host State, including labour law, and encourages Member States to enforce it effectively so as to avoid impunity of diplomatic households when domestic workers are abused;
Amendment 131 #
Draft opinion
Paragraph 4
Paragraph 4
4. Supports the promotion of organisations working to safeguard the labour rights of women workerCalls on the social partners at European and at national levels, and in particular trade unions, to intensify sectorial collective bargaining in order to effectively advance and enforce decent working conditions in these sectors; calls on the Commission and the Member States to promote and support trade union actions to organize domestic and care workers and to raise public awareness for their working conditions, in order to empower them to collectively stand up for their rights and to defend their employment and social protection rights;
Amendment 148 #
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses how important it is to ensure the professionaliszation of the sectordomestic work and care sector, as well as the recognition of qualifications and work experience so as to foster the creation of quality jobs and bring betterdecent working conditions and access to training;
Amendment 184 #
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission for the establishment of a European legal framework, encompassing the rights set out in along the lines of ILO Convention No 189, that covers female carers and those providing care services on a casual, occasional oro protect the employment rights of domestic workers and hoc basicarers.