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38 Amendments of Claudiu Ciprian TĂNĂSESCU related to 2017/2003(INI)

Amendment 12 #
Draft opinion
Recital A a (new)
Aa. whereas the rates of self- employment (2006: 3.7%, 2016: 5,6%) and the proportion of workers taking up second jobs (2002: 3.6%, 2016: 4,2%) are on the rise in the EU;
2017/02/03
Committee: EMPL
Amendment 15 #
Draft opinion
Recital A b (new)
Ab. whereas European labour markets are rapidly evolving towards 'atypical' or 'non-standard' forms of employment, such as temporary work, part-time work, casual work, seasonal work, on-demand work or work on online platforms, which show many features of employment but do not bring the benefits normally associated with employment;
2017/02/03
Committee: EMPL
Amendment 21 #
Draft opinion
Recital A c (new)
Ac. whereas non-standard forms of employment often involve economic insecurity and bad working conditions, notably in terms of lower and less certain incomes, lack of possibilities to defend one's rights, lack of social and health insurance, lack of career prospects, and difficulties in reconciling on-demand work with private and family life;
2017/02/03
Committee: EMPL
Amendment 24 #
Draft opinion
Recital A d (new)
Ad. whereas promoting social justice and protection, as defined in Article 3 TEU and Article 9 TFEU, are also objectives of the EU internal market;
2017/02/03
Committee: EMPL
Amendment 28 #
-1a. Notes that there is no common definition of the digital economy based on online platforms ('platform economy', 'collaborative economy', 'sharing economy' etc.); points out that the use of the terminology 'platform economy' seems to be the most objective description and calls on the Commission to ensure the usage of coherent terminology;
2017/02/03
Committee: EMPL
Amendment 30 #
Draft opinion
Paragraph 1
1. Stresses the need for a clear distinction between ‘profession'commercial' and 'non-professional’ platforms andcommercial' platforms as well as between professional and occasional users/workers; underlines the importance to recognise remunerated activities in the platform economy that are properly categorised as 'work' regardless of the terminology ('gigs', 'tasks', 'giving rides' etc.);
2017/02/03
Committee: EMPL
Amendment 37 #
2017/02/03
Committee: EMPL
Amendment 42 #
Draft opinion
Paragraph 2
2. States that all workers in the platform economy are either employed or self-employed based on the primacy of facts; recalls ingardless of how thise context that the Court of Justice has defined the concept of ‘worker’ on the basis of an employment relationship characterised by certain criteria such as subordination, remuneration and the nature of workractual relationship is defined; highlights that all work in the platform economy should be classified accordingly;
2017/02/03
Committee: EMPL
Amendment 51 #
Draft opinion
Paragraph 2 a (new)
2a. Takes note of the Commission's communication on 'A European Agenda for the collaborative economy' which provides amongst others indicators for employment relationships in the digital labour market; recalls in this context that the European Court of Justice has defined the concept of 'worker' on the basis of an employment relationship characterised by certain criteria such as subordination, remuneration and the nature of work; considers the approach by the Commission insufficient to provide adequate protection to workers in the platform economy and calls for decisive steps to ensure legal certainty on what constitutes 'employment' for work intermediated by online platforms, taking into account the ILO Recommendation No 198 regarding the determination of an employment relationship;
2017/02/03
Committee: EMPL
Amendment 54 #
Draft opinion
Paragraph 2 b (new)
2b. Calls on the Commission and the Member States to increase its efforts to tackle bogus self-employment; notes that there are cases where self-employed platform workers meet the ECJ criteria defining an employment relationship, and which should therefore be classified as employees; calls on the Commission and the Member States to work towards a common definition of self-employed which also applies to the platform economy;
2017/02/03
Committee: EMPL
Amendment 61 #
Draft opinion
Paragraph 3
3. CallReiterates its call in the framework of the European Pillar of Social Rights for a framework directive on decent working conditions including in the platform economy, in order to guarantedefine the legal situation of platform workers and to ensure, in line with national law and practice, that all platform workers have the same social and employment rights ands well as health and safety protection as workers in the traditional economy; underlines the importance of such a directive, taking into account the mobility and delocalisation of digital work, with regard to the creation of a level playing field;
2017/02/03
Committee: EMPL
Amendment 75 #
Draft opinion
Paragraph 4
4. Underlines the needCalls on the Member States to ensure adequate social security for self- employed workers, who are key players in the digital labour market; stresses that freedom of association and collective action are fundamental rights which must apply to all workers;
2017/02/03
Committee: EMPL
Amendment 85 #
2017/02/03
Committee: EMPL
Amendment 86 #
Draft opinion
Paragraph 4 b (new)
4b. Stresses that freedom of association and collective action are fundamental rights which must apply to all workers; is concerned that the right of workers to freely associate may be called to question if they are regarded as self- employed and collective bargaining could be regarded as forming a cartel, which could put them in conflict with EU rules on anti-competitive practices; underlines in this context the need to adjust European and national competition law accordingly; urges the Commission to exclude individual platform workers from anti-cartel-measures; calls on the Commission, the Member States and the social partners to increase collective bargain coverage, union density and to empower workers in the platform economy to bargain;
2017/02/03
Committee: EMPL
Amendment 87 #
2017/02/03
Committee: EMPL
Amendment 88 #
Draft opinion
Paragraph 5
5. Calls fon the Commission and the Member States to gather more reliable data on jobs and working conditions in the platform economy and for the adjustment of related policies to create a level playing field between the platform and traditional economie; calls on the Commission, the Member States and social partners to provide adequate information to workers on working conditions and workers' rights throughout the supply-chain of online platforms;
2017/02/03
Committee: EMPL
Amendment 101 #
Draft opinion
Paragraph 5 a (new)
5a. Stresses that possible efficiency advantages of the online platforms over the traditional economy should not rely on wage dumping and unfair competition; calls therefore for the adjustment of related policies to create a level playing field between the platform and traditional economies;
2017/02/03
Committee: EMPL
Amendment 105 #
Draft opinion
Paragraph 5 b (new)
5b. Recalls that online platforms must comply with pertinent labour-law provisions including working time and occupational health;
2017/02/03
Committee: EMPL
Amendment 106 #
Draft opinion
Paragraph 5 c (new)
5c. Calls on the Commission and the Member States to ensure that all mandatory contributions are paid for all forms of work and examine to what extent social security systems have to be adjusted to provide appropriate protection for platform workers; calls on the Commission and the Member States to ensure the portability and accumulation of social security entitlements;
2017/02/03
Committee: EMPL
Amendment 108 #
Draft opinion
Paragraph 5 d (new)
5d. Calls on the Commission to examine in how far existing EU regulations are applicable to the digital labour market and ensure the adequate implementation and enforcement; calls on the Commission and the Member States to assess the need for the modernisation of existing legislation to stay abreast of such changes and to encourage social partners to update collective agreements where necessary so that existing protection standards can also be maintained in the digital world of work;
2017/02/03
Committee: EMPL
Amendment 109 #
Draft opinion
Paragraph 5 e (new)
5e. Calls on the Commission to examine in how far the Temporary Agency Work Directive is applicable to specific online platforms; considers that many intermediating online platforms are structurally similar to temporary work agencies (triangular contractual relationship between temporary agency worker/ platform worker - temporary work agency/ online platform - user undertaking/ client) and should therefore analogously fall under the same regulations as temporary work agencies;
2017/02/03
Committee: EMPL
Amendment 110 #
Draft opinion
Paragraph 5 f (new)
5f. Calls on the Commission to broaden the Written Statement Directive (91/533/EEC) to cover all forms of employment and employment relationships;
2017/02/03
Committee: EMPL
Amendment 111 #
Draft opinion
Paragraph 5 g (new)
5g. Stresses that the socially and environmentally sustainable online platforms organized on cooperative basis should be promoted and supported;
2017/02/03
Committee: EMPL
Amendment 112 #
2017/02/03
Committee: EMPL
Amendment 113 #
Draft opinion
Paragraph 5 i (new)
5i. Points out that as job and skills profiles become more complex, new demands – especially regarding information and communications technology (ICT) skills – are being placed on training as well as on further education and life-long learning to promote digital literacy and to tackle the existing gender and generational gaps, especially for disadvantaged persons in this context; emphasises the importance of stronger synergies involving the social partners and various educational and training institutions in order to bring teaching and studies' contents up to date and develop skills strategies linking the world of education with the world of work;
2017/02/03
Committee: EMPL
Amendment 114 #
Draft opinion
Paragraph 5 j (new)
5j. Insists that public investment in vocational education and lifelong learning is necessary in order to ensure that the EU workforce, is equipped with the right skills for the digital age; stresses that education and training must be accessible for all workers; believes that new funding opportunities for lifelong learning and training are needed, especially for micro and small enterprises;
2017/02/03
Committee: EMPL
Amendment 115 #
Draft opinion
Paragraph 5 k (new)
5k. Is concerned about the quality of the services intermediated or provided by online platforms; stresses that the quality of services must fulfil the same requirements as in the traditional economy to prevent health and safety risks; calls on the Commission, the Member States and the social partners to develop protective mechanisms regarding the monitoring of qualifications;
2017/02/03
Committee: EMPL
Amendment 116 #
Draft opinion
Paragraph 5 l (new)
5l. Reporting duties and transparency obligations for platform operators
2017/02/03
Committee: EMPL
Amendment 121 #
Draft opinion
Paragraph 6
6. Calls for EU standards on transparency and disclosure obligations for platform operators in order to monitor tax payments, social security contributions and practices regarding the rating of work on platforms and to ensure that all relevant information is available to national authorities; criticizes the information asymmetries paramount on many online platforms whereby platforms and clients have access to much more information on workers than vice versa;
2017/02/03
Committee: EMPL
Amendment 127 #
Draft opinion
Paragraph 6 a (new)
6a. Stresses the need to ensure the portability of ratings of platform workers which constitute their digital market value and are important to avoid dependency of workers on certain platforms since ratings are important determinants in the allocation of tasks; calls on the Commission and the Member States to ensure the transferability and accumulation of ratings across platforms;
2017/02/03
Committee: EMPL
Amendment 134 #
Draft opinion
Paragraph 6 b (new)
6b. Calls on the Commission and the Member States to take decisive steps to prohibit discriminatory and opaque algorithms and software developed or used by online platforms which do not comply with European and national legislation and set up monitoring structures accordingly;
2017/02/03
Committee: EMPL
Amendment 137 #
Draft opinion
Paragraph 6 c (new)
6c. Seeks the Commission and the Member States in collaboration with the social partners to ensure that workers and users are able to rate online platforms;
2017/02/03
Committee: EMPL
Amendment 138 #
2017/02/03
Committee: EMPL
Amendment 139 #
Draft opinion
Paragraph 6 e (new)
6e. Believes that the effects of digitalisation on health and safety at work need to be assessed and existing health and safety provisions adapted accordingly;
2017/02/03
Committee: EMPL
Amendment 144 #
Draft opinion
Paragraph 7
7. Underlines that constant accessibilitywork-related mental health problems such as burnout or depressions caused by constant accessibility, the erosion of traditional working time arrangements and social isolation represents a serious health and safety risk in the platform economy; advocates therefore full compliance with the prescribed rest times and stresses the need to respect working time arrangements in order to maintain the boundaries of working time as defined by the labour laws of the individual Member States; advocates the establishment of a 'right to log off’. ' for worker outside the agreed working hours;
2017/02/03
Committee: EMPL
Amendment 154 #
Draft opinion
Paragraph 7 a (new)
7a. Calls on the Commission to produce a study on the spillover effects of digitalisation, on workers' psychological wellbeing and private life;
2017/02/03
Committee: EMPL
Amendment 156 #
Draft opinion
Paragraph 7 b (new)
7b. Stresses that the EU should support the rapid development of the platform economy through the establishment of a comprehensive legal framework and shape its course in a socially just and sustainable way.
2017/02/03
Committee: EMPL