Procedure completed
2008/2035(INI) Stepping up the fight against undeclared work
Lead committee dossier: EMPL/6/59430
Legal Basis RoP 052, RoP 052-p2
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Opinion | ECON | STOLOJAN Theodor Dumitru (PPE-DE) | |
| Lead | EMPL | PANZERI Pier Antonio (PSE) | |
| Opinion | FEMM | LULLING Astrid (PPE-DE) | |
| Opinion | IMCO | HAMON Benoît (PSE) | |
| Opinion | ITRE | ||
| Opinion | JURI | ||
| Opinion | LIBE | FAVA Claudio (PSE) |
Legal Basis RoP 052, RoP 052-p2
Subjects
Activites
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2008/10/09
Results of vote in Parliament
- Results of vote in Parliament
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T6-0466/2008
summary
The European Parliament adopted by 479 votes to 50, with 47 abstentions a resolution on stepping up the fight against undeclared work.The own-initiative report had been tabled for consideration by Pier Antonio PANZERI (PES, IT) on behalf of the Committee on Employment and Social Affairs.Parliament welcomes the approach taken by the Commission and calls for a renewed fight against undeclared work and the underground economy which damage the economy, leave workers unprotected, are detrimental to consumers, reduce tax revenue and lead to unfair competition between undertakings.Extent of undeclared work: Parliament expresses its deep concern over the extent of undeclared work which accounts for as much as 20% or more of GDP in some Member States. It is for this reason that it calls for a combination of financial, fiscal and labour inspection procedures to be introduced to combat undeclared work.All-out offensive against undeclared work: to combat undeclared work, MEPs envisage a comprehensive approach which covers matters relating to monitoring and control, the economic and institutional framework and involves concerted action at several levels and the participation of all stakeholders (public authorities, social partners, undertakings and workers).The envisaged measures would include the following :improving incentives for regular work, which may include increasing the tax-free income band and, for employers, reducing the non-wage costs associated with legal employment; tax and social security system reforms to reduce the burden of taxation on the workforce (in particular, attractive tax rates for employers, including the deduction of charges concerning, inter alia, local work, and tax exemptions for all work carried out for pay lower than an amount to be determined by the Member State); strengthening Community action to ensure that modernisation of labour law is translated into improved job quality; promoting stronger and more efficient coordination and administrative cooperation between government enforcement agencies, labour inspectorates and the social partners, social security administrations and tax authorities to ensure that legislation is respected; providing strong incentives for those who undertake to put undeclared work on a formal economic footing (e.g. atypical contracts could help to get people out of illegal work).At Community level, Parliament calls on the Commission to draw up policies to provide for both general measures and sectoral measures to prevent undeclared work, doing so with the full involvement of the social partners. In this regard, special measures should be envisaged for the most affected sectors, such as the hotel and catering industry, farming, domestic services and the construction industry. Parliament stresses that undeclared work has various definitions in the national legal systems and that a definition common to all Member States would ultimately eliminate uncertainties in relation to statistical surveys of this phenomenon.Further measures are suggested such as: i) the introduction of national and Community programming instruments which allow economic and social support and development policies to be pursued, ii) the taking of supervisory and punitive action, iii) the assessment of the possibility of accompanying the fight against undeclared work with financial policies that support regional and local plans, iv) creation of specific tools based on Member States’ best practices aimed at curbing non-declared work by making it less appealing (as is the case already in Luxembourg), v) the financing of research projects into health and safety at work and of promotional activities geared to prevention and the dissemination of a culture of health and safety in the workplace, with particular reference to those sectors in which there is the highest risk of accident (and in which undeclared labour is more prevalent). Reinforcing sanctions: Parliament invites the Member States to introduce severe penalties for employers who, notwithstanding any incentives offered, continue to make use of undeclared labour. It encourages them to combine preventive action and sanctions aimed at transforming undeclared work into regular employment. However, it points out that, unless it is followed up by better coordination between Member States, a policy that is exclusively punitive could concentrate undeclared work in the less structured States and in the less regulated economies. Parliament therefore advocate the conclusion of agreements at regional, national and local levels that provide a progressive and sectoral response to illegal labour and encourage the Member States and the social and economic stakeholders to conclude a 'pact to declare the undeclared', geared to allowing undeclared activities to gradually come to light. Such a pact should provide for a limited transitional period, during which there are no sanctions, at the end of which, however, stronger sanction mechanisms would come into effect. Parliament recommends that agreement be reached at national, regional and local levels involving social institutions and employers' organisations seeking a commitment to monitoring and progressively eliminating undeclared employment.Among the Community measures that could help to better police undeclared work is Council Framework Decision 2005/214/JHA on the application of the principle of mutual recognition to financial penalties which could improve the situation. Overall, Parliament calls for greater and more effective respect of the right to work and of existing employment rules.Greater involvement of the social partners: Parliament calls on the trades unions to become more active in the fight against undeclared work insofar as workers who do undeclared work often find they are not protected by important health and safety legislation and legislation on minimum wages. It calls in particular for better enforcement of existing minimum wage legislation and urges those Member States which do not currently have a decent minimum wage to consider adopting one. It also recommends the introduction of measures that would enable undeclared workers to become ‘legal’ and cite the service voucher schemes in Belgium, Germany and France, whereby households can buy household services at a lower price but still ensure that social security contributions and taxes are paid through the voucher.Encourage the free movement of workers: Parliament calls on those Member States which have applied transitional arrangements to the free movement of workers within the Union to open up their employment markets to workers from all the new Member States, given that any restrictions – even partial ones – on access to the labour market, not only run counter to the founding principles of the Union and the European spirit but also give rise to increasing recourse to undeclared work. It believes it vital to implement the principle of equal workers' rights and to counteract unfair competition and social dumping. Vulnerability of immigrant and illegal workers: Parliament is concerned about illegal immigrants who are particularly vulnerable in situations of undeclared work. It considers the issue of employment of immigrants in an illegal situation is a complex one that cannot be resolved simply by punishing employers but requires cross-sector, far-reaching measures. They therefore favour a comprehensive approach which must take into account the need to safeguard and promote the rights of migrant workers, whether legal or illegal, who are exploited by their employers. Parliament believes that the fight against undeclared work performed by illegal immigrants cannot be effective without opening up channels for legal migration in order to guarantee the third-country labour which the Union needs. It considers that the fight against the exploitation of migrant workers needs to be based not only on a policy of repatriation, but also on prevention mechanisms based on the recognition of and respect for fundamental human rights. It is in this context that the Parliament calls on the Member States to define or strengthen the appropriate legislative measures to encourage migrants who are victims of exploitation to report their situation. Although it welcomes the Commission’s efforts to provide for sanctions against employers of illegally staying third-country nationals, they express concern that repressive measures are being put in place before any common framework of rules and policies on lawful access to the employment market has been laid down.Facilitation of administrative procedures: Parliament considers that simplifying or reducing administrative burdens and procedures, especially for small and medium-sized enterprises, would diminish the use of undeclared labour. The use of e-government and on-line registration should be encouraged, as well as the exchange of good practices with the aim of reducing the costs and complexity of registration and administrative procedures for businesses and, in particular, for SMEs. Parliament also calls for public information campaigns to raise awareness of the damage caused by undeclared work among employers, workers and those who exploit them. Parliament considers that such permanent campaigns should accompany the various measures adopted with a view to instilling a culture of legality and promoting quality work and a legal business culture.
- 2008/10/08 Debate in Parliament
- 2008/09/23 Committee report tabled for plenary, single reading
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2008/09/10
Vote in committee, 1st reading/single reading
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2008/02/21
Committee referral announced in Parliament, 1st reading/single reading
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2007/10/24
Non-legislative basic document published
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COM(2007)0628
summary
PURPOSE: to set out steps to be taken to combat the problem of undeclared work.BACKGROUND: undeclared work, which is a complex phenomenon with multiple drivers, has already been analysed on several occasions at EU level, in particular in the Commission's 1998 Communication (see COS/1998/2082), which presented a review of its causes and impacts, and highlighted a few policy experiences. The Communication prepared the ground for an EU-wide policy debate on undeclared work, which culminated in the adoption of the common policy approach set out in the Employment Guidelines 2003-2005. These Guidelines advocated a balanced mix of prevention (notably through well adapted tax-benefit and administrative regulations) and awareness raising, sanctions and law enforcement. Such a policy mix was further articulated in the Council resolution of 29 October 2003 on transforming undeclared work into regular employment, which also called for action by the social partners. Furthermore, the Communication was one of the elements inspiring the experiment launched in 2000 allowing for the reduction of VAT on specified labour intensive services.The recent Green Paper on Labour Law (see INI/2007/2023) identified undeclared work as the main contributing factor to social dumping and thus as one of the key issues for the modernisation of labour law in the EU. Moreover, undeclared work tends to be associated with poor working conditions for individuals and subsequent risks to workers' health, low prospects for career progress and insufficient social protection coverage. In this context, EU social partners have envisaged a joint analysis of undeclared work in the framework of their 2006–2008 work programme.Further, the possibility of finding undeclared work is a key pull factor encouraging illegal immigration. In 2007, the Commission proposed a directive providing for sanctions against employers of illegally staying third-country nationals (see COD/2007/0094).CONTENT: according to the report, undeclared work is still a problem in Europe and is undermining the EU's ability to meet its targets for more and better jobs and stronger growth. It calls for a balanced approach of prevention, law enforcement and sanctions. High levels of taxation and social security contributions and a heavy administrative burden are traditionally seen as the drivers of undeclared work, but there are also increasing trends towards sub-contracting and false self employment. In certain Member States, the application of transitional arrangements towards workers of the new Member States has exacerbated the recourse to undeclared work.This report concludes that piecemeal policy actions have been taken across Member States, but there is an apparent lack of evaluation of results and pooling of expertise. The report highlights that it is time for Member States to step up their efforts in the fight against undeclared work. As a follow-up of the present communication, the Commission proposes the following:more needs to be done in order to further reduce labour taxation, by improving the quality of public finances, notably the efficiency of public expenditure and taxation systems, by reducing non-wage labour costs, and by shifting the tax burden to alternative sources of revenue. There is also scope for reducing the administrative complexities in tax and benefit systems, which may constitute incentives for undeclared work, notably for the self-employed and small companies;Member States should review the transitional arrangements as soon as possible and in any case before the next phase due early in 2009. In context of labour market tightening in many Member States, these arrangements limiting the mobility of workers from the new Member States are a key example of red tape;Member States are invited to give due attention to undeclared work when deciding on the pathways they intend to follow in implementing the common principles of flexicurity;the Commission calls on the social partners to agree on concrete initiatives in the field of undeclared work in the context of their joint work programmes, at the European cross-industry, sectoral and national levels;effective surveillance and enforcement are important components of a comprehensive policy approach. In this context the Commission recalls its legislative proposal on sanctions for employers of illegally staying third-country nationals;the Commission will investigate the feasibility of establishing a European platform for cooperation between labour inspectorates, and other relevant monitoring and enforcement bodies;to enable the monitoring of progress in transforming undeclared work into regular work, Member States should explore with the Commission the most suitable methodology for quantifying the existence of undeclared work. A study will be undertaken to this end under the PROGRESS programme in 2008;the Commission will treat undeclared work as a priority in its Mutual Learning programme. Stakeholders will have the opportunity, under the PROGRESS programme, to submit proposals for information campaigns, survey and evaluation activities, and initiatives to exchange information on good practices.
- DG {'url': 'http://ec.europa.eu/social/', 'title': 'Employment, Social Affairs and Inclusion'}, ŠPIDLA Vladimír
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COM(2007)0628
summary
Documents
- Non-legislative basic document published: COM(2007)0628
- Committee report tabled for plenary, single reading: A6-0365/2008
- Debate in Parliament: Debate in Parliament
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading/single reading: T6-0466/2008
| Amendments | Dossier |
| 199 |
2008/2035(INI)
2008/05/29
ECON
14 amendments...
Amendment 1 #
Draft opinion Paragraph 1 1. Takes the view that
Amendment 10 #
Draft opinion Paragraph 4 a (new) 4a. Notes that the elimination of the informal economy cannot be realised without the implementation of appropriate incentive mechanisms and that this implies that Member States’ labour inspection authorities should be converted into publicly-owned revenue-collecting firms; considers that part of the revenue surpluses of the social contribution revenues over the appropriations projected in the annual budget could be distributed to the labour inspectors (employees of the company) in order to develop continuously their achievements, thereby to perform budgetary surplus; considers that the Member States should report, in the context of the Lisbon Scoreboard, which achievements have been materialised in reducing the size of informal economy.
Amendment 11 #
Draft opinion Paragraph 4 a (new) 4a. Invites the Member States to consider sector-specific approaches when taking policy actions for the regularisation of undeclared work;
Amendment 12 #
Draft opinion Paragraph 4 b (new) 4b. Invites the relevant national authorities to encourage the use of e- government and on-line registration and to exchange good practices with the aim of reducing the costs and complexity of registration and administrative procedures, for example, by reducing the number of tax forms, one-data entries, single payment fiches, one-stop shops, for business, and, in particular, for SMEs;
Amendment 13 #
Draft opinion Paragraph 4 c (new) 4c. Calls for stronger enforcement of existing legislations and sanctions in the fight against undeclared work;
Amendment 14 #
Draft opinion Paragraph 4 d (new) 4d. Invites the Commission to foster administrative cooperation and exchange of good practices in the fight against the informal economy at Community level; urges the Commission and the Member States to consider voluntary disclosure campaigns and societ- wide amnesties as effective measures, which allow hidden workers and enterprises to regularise their activities by exempting them from penalties and even offering reduced tax and social security contributions rebates for the non-declared periods;
Amendment 2 #
Draft opinion Paragraph 1 a (new) 1a. Welcomes the approach taken by the Commission and calls also for a renewed fight against undeclared work and the underground economy, which – although to a varying extent among the Member States – damages the economy, leaves workers unprotected, is detrimental to consumers, reduces tax revenue and leads to unfair competition between undertakings;
Amendment 3 #
Draft opinion Paragraph 1 a (new) 1a. Encourages the Member States to continue further with tax and social security system reforms such as the introduction of a single flat tax rate, establishing a link between taxation and productivity, equal treatment of self- employed people and employees in relation to social security systems, tax exemptions for loans obtained from family, friends that are used as venture capital by starting entrepreneurs;
Amendment 4 #
Draft opinion Paragraph 1 b (new) 1b. Calls for a strategy towards combating undeclared work based on a strong and efficient coordination and administrative cooperation between government enforcement agencies, labour inspectorates and the social partners, social security administrations and tax authorities;
Amendment 5 #
Draft opinion Paragraph 1 c (new) 1c. Calls on the Member States to use innovative methods based on indicators and benchmarks specific to the different business sectors in order to fight against undeclared work and fiscal erosion and calls upon the Commission to support the exchange of best practices among Member States in the fight against undeclared work;
Amendment 6 #
Draft opinion Paragraph 2 2. Calls on the Member States to
Amendment 7 #
Draft opinion Paragraph 2 2. Calls on the Member States to withdraw as swiftly as possible the transitional provisions limiting the mobility of workers from the new Member States, preferably by 2014, since those provisions encourage undeclared work;
Amendment 8 #
Draft opinion Paragraph 3 a (new) 3a. Calls on the Commission and the Member States to launch an information campaign directed at employers and workers and aimed at drawing attention to the applicable minimum Community rules and regulations and the adverse effects that undeclared work has on public finances, national social security systems, fair competition, economic performance and on workers themselves;
Amendment 9 #
Draft opinion Paragraph 4 4. Emphasises that Member States need to allocate more public funds and use the possibilities of Community funding (such as. the European Social Fund or the Progress programme) to raising public awareness
source: PE-407.656
2008/06/10
EMPL
150 amendments...
Amendment 1 #
Motion for a resolution Citation 12 a (new) - having regard to its resolution of 26 October 2006 on implementation of Directive 96/71/EC on the posting of workers1,
Amendment 10 #
Motion for a resolution Recital C C. whereas undeclared work
Amendment 100 #
Motion for a resolution Paragraph 18 18. Expresses a demand for contractors not to be held liable
Amendment 101 #
Motion for a resolution Paragraph 18 18. Expresses a demand for contractors to be held liable for any contributory or fiscal irregularities on the part of their subcontractors, should it emerge that they were aware or should have been aware of them;
Amendment 102 #
Motion for a resolution Paragraph 18 a (new) 18a. Recalls that the underground economy and undeclared work damages the economy, leaves workers unprotected, is detrimental to consumers, reduces tax revenues and leads to unfair competition between firms, therefore calls for a strategy for combating undeclared work based on a strong and efficient coordination and administrative cooperation between government enforcement agencies, labour inspectorates and social partners, social security administrations and tax authorities;
Amendment 103 #
Motion for a resolution Paragraph 18 a (new) 18a. Calls on the Member States, social partners and other key-players on the labour market to encourage using of corporate social responsibility (CSR) and other like approaches to combat the undeclared employment;
Amendment 104 #
Motion for a resolution Paragraph 19 19. Calls
Amendment 105 #
Motion for a resolution Paragraph 20 Amendment 106 #
Motion for a resolution Paragraph 20 20. Points out that unless it is followed up by
Amendment 107 #
Motion for a resolution Paragraph 20 20. Points out that
Amendment 108 #
Motion for a resolution Paragraph 20 a (new) 20a. Strongly advocates the conclusion of 'agreements' at regional, national and local level providing a progressive and sectoral response to illegal labour and encouraging measures producing effective solutions for the benefit of society as a whole;
Amendment 109 #
Motion for a resolution Paragraph 21 Amendment 11 #
Motion for a resolution Recital C C. whereas undeclared work
Amendment 110 #
Motion for a resolution Paragraph 21 21. Calls on the Commission, in this regard, to propose to the Member States and the social and economic stakeholders involved in combating undeclared work a ‘pact to declare the undeclared’, geared to allow undeclared activities to gradually come to light;
Amendment 111 #
Motion for a resolution Paragraph 21 Amendment 112 #
Motion for a resolution Paragraph 21 21. Calls on the Commission, in this regard, to propose to the Member States and the social and economic stakeholders involved in combating undeclared work a ‘pact to declare the undeclared’, geared to allow undeclared activities to gradually come to light; the pact should cover a limited transitional period
Amendment 113 #
Motion for a resolution Paragraph 22 22. Calls for stronger action to combat undeclared recruitment by all companies
Amendment 114 #
Motion for a resolution Paragraph 23 23. Calls for greater and more effective respect of the right to work and of existing employment rules, in particular those set out in Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services, on the basis of a congruent interpretation of the directive which reverses the current trend towards interpreting it in such a way as to level variations in the treatment of workers downwards towards minimum basic standards;
Amendment 115 #
Motion for a resolution Paragraph 23 23. Calls for greater and more effective respect of the right to work
Amendment 116 #
Motion for a resolution Paragraph 23 23. Calls for greater and more effective respect of the right to work and for the monitoring of existing employment rules, in particular those set out in Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services from the first day of posting;
Amendment 117 #
Motion for a resolution Paragraph 23 a (new) 23a. Advocates closer links between national labour inspectorates and measures to encourage exchanges of best practices at Community level in response to undeclared work;·
Amendment 118 #
Motion for a resolution Paragraph 23 a (new) 23α. Calls on the Member States to introduce more stringent inspection procedures and tighter checks, these having become laxer in a number of countries;·
Amendment 119 #
Motion for a resolution Paragraph 24 Amendment 12 #
Motion for a resolution Recital C C. Whereas undeclared work
Amendment 120 #
Motion for a resolution Paragraph 24 24. Calls for the European Union to play a greater role in promoting better and increased cooperation and coordination between labour inspectorates, by strengthening the economic and
Amendment 121 #
Motion for a resolution Paragraph 24 24. Calls for the European Union to play a greater role in promoting better and increased cooperation and coordination between labour inspectorates, by strengthening the economic and technological resources of inspection services and by providing for the possible establishment of some kind of European ‘social hub’, and calls on the Commission to ensure a study of its feasibility is produced;
Amendment 122 #
Motion for a resolution Paragraph 24 24. Calls for the European Union to play a greater role in promoting better and increased cooperation and coordination between labour inspectorates, by strengthening the economic and technological resources of inspection services and by providing for the possible
Amendment 123 #
Motion for a resolution Paragraph 24 24. Calls for the European Union to play a greater role in promoting better and increased cooperation and coordination between labour inspectorates, by strengthening the economic and technological resources of inspection services
Amendment 124 #
Motion for a resolution Paragraph 26 26. Welcomes the establishment of a high- level committee to assist Member States in identifying and exchanging good practices with regard to monitoring and to the improvement of legislation for posted workers; points out, however, that the establishment of such a committee requires on-the-spot commitment by the Member States regarding not only preventive measures, but also inspection procedures and sanctions and that the Commission and its services must not seek to restrict such measures;
Amendment 125 #
Motion for a resolution Paragraph 26 a (new) 26α. Favours a stronger response to uninsured labour and measures to encourage cooperation and exchanges of views and best practices by European trade unions;
Amendment 126 #
Motion for a resolution Paragraph 27 27. Takes the view that there is a need to raise awareness amongst both workers and
Amendment 127 #
Motion for a resolution Paragraph 27 27. Takes the view that there is a need to raise awareness amongst
Amendment 128 #
Motion for a resolution Paragraph 27 27. Takes the view that there is a need to raise awareness amongst
Amendment 129 #
Motion for a resolution Paragraph 28 28. Calls for permanent campaigns on the prevention of undeclared work, by promoting information and awareness- raising initiatives at European, national and local level, involving the social partners, public authorities, chambers of commerce and employment centres, schools, prefectures and the various control and punishment systems;
Amendment 13 #
Motion for a resolution Recital C a (new) Ca. whereas uninsured labour leads to unfair competition between insured and uninsured workers, resulting in further erosion of workers' rights,
Amendment 130 #
Motion for a resolution Paragraph 29 29. Considers that the permanent campaigns should accompany the various measures adopted with a view to implanting a culture of legality and promotion of quality work and a legal business culture and calls on the Member States, the respective national institutions and the structures of civil society to unite their efforts and create circumstances of intolerance towards undeclared employment and change of the public view;
Amendment 131 #
Motion for a resolution Paragraph 31 31. Takes the view that in order to combat the phenomenon of undeclared work, there is a need for local and European programming instruments which allow both economic and social support and development policies to be pursued and supervisory and punitive action to be taken;
Amendment 132 #
Motion for a resolution Paragraph 32 Amendment 133 #
Motion for a resolution Paragraph 32 Amendment 134 #
Motion for a resolution Paragraph 32 Amendment 135 #
Motion for a resolution Paragraph 33 Amendment 136 #
Motion for a resolution Paragraph 33 Amendment 137 #
Motion for a resolution Paragraph 33 33. Takes the view that it would be desirable to study and assess the possibility of pursuing the channel of state aid exempted from the notification requirement
Amendment 138 #
Motion for a resolution Paragraph 34 34. Calls for the financing of research projects on health and safety at work and of promotional activities geared to prevention and to disseminate a culture of health and safety in the workplace, with particular reference to those sectors in which there is the highest risk of accident, in which undeclared labour is more prevalent; considers that the relationship between accidents at work and unlawful work should be investigated on the basis of the data on fatalities;
Amendment 139 #
Motion for a resolution Paragraph 35 35. Considers that
Amendment 14 #
Motion for a resolution Recital D D. whereas the sectors most affected by undeclared work are labour-intensive ones such as farming, construction and domestic, accommodation and catering services
Amendment 140 #
Motion for a resolution Paragraph 36 36.
Amendment 141 #
Motion for a resolution Paragraph 36 36. Notes the above-mentioned proposal for a directive of the European Parliament and of the Council providing for sanctions against employers of illegally staying third- country nationals; points out that this directive should not affect Member States competences to devise accompanying measures stimulating the transformation of undeclared work into declared employment;
Amendment 142 #
Motion for a resolution Paragraph 37 37. Takes the view that the issue of
Amendment 143 #
Motion for a resolution Paragraph 37 37. Takes the view that the issue of the illegal employment of illegal immigrants is a complex one which cannot only be resolved simply by punishing employers, but which also calls for cross-sector, wide- ranging measures;
Amendment 144 #
Motion for a resolution Paragraph 37 37. Takes the view that the issue of the illegal employment of illegal immigrants is a complex one which cannot be resolved simply by punishing employers, but which calls for cross-sector, wide-ranging measures; in particular, it is necessary to ensure compliance with ILO guidelines regarding support for migrant workers seeking to ensure that their rights are respected;
Amendment 145 #
Motion for a resolution Paragraph 38 38. Considers that the fight against a growing informal economy and, in particular, against the exploitation of
Amendment 146 #
Motion for a resolution Paragraph 38 38. Considers that the fight against a growing informal economy and, in particular, against the exploitation of clandestine migrant workers, can be based not only on a policy of prosecution and deportation but also on instruments and mechanisms
Amendment 147 #
Motion for a resolution Paragraph 38 38. Considers that the fight against a growing informal economy and, in particular, against the exploitation of clandestine migrant workers, can be based not only on a policy of prosecution and deportation but also on instruments and mechanisms to prevent and combat the exploitation of migrant workers, making provision for the recognition of and respect for fundamental human rights
Amendment 148 #
Motion for a resolution Paragraph 38 38. Considers that the fight against a growing informal economy and, in particular, against the exploitation of clandestine migrant workers, can be based not only on a policy of
Amendment 149 #
Motion for a resolution Paragraph 38 a (new) 38a. Calls on all Member States to urgently sign and ratify the Council of Europe Convention against the trafficking of human beings;
Amendment 15 #
Motion for a resolution Recital D D. whereas the sectors most affected by undeclared work are labour-intensive ones such as farming, construction and domestic, accommodation and catering services,
Amendment 150 #
Motion for a resolution Paragraph 38 a (new) 38a. Advocates combined financial, fiscal and labour inspection procedures to combat undeclared work;
Amendment 16 #
Motion for a resolution Recital E Amendment 17 #
Motion for a resolution Recital E a (new) Ea. whereas undeclared work is further encouraged by high levels of unemployment, poverty and temporary and precarious employment, given that in such a climate workers are forced to relinquish any insurance or other entitlements,
Amendment 18 #
Motion for a resolution Recital F F. whereas the
Amendment 19 #
Motion for a resolution Recital F F. whereas
Amendment 2 #
Motion for a resolution Citation 21 a (new) - having regard to the conclusions of the informal Meeting of Ministers for Employment and Social Affairs in Berlin, 18–20 January 2007, on “good work”;
Amendment 20 #
Motion for a resolution Recital F F. whereas the problem of immigration is linked to undeclared work, given that immigrants, who are often illegal,
Amendment 21 #
Motion for a resolution Recital F a (new) Fa. notes that many Member States face chronic shortages of workers able and willing to do particular, often unskilled work, for example in the agriculture and horticulture sector,
Amendment 22 #
Motion for a resolution Recital G G. whereas domestic workers
Amendment 23 #
Motion for a resolution Recital G G. whereas
Amendment 24 #
Motion for a resolution Recital G G. whereas domestic workers are very often a major source of undeclared labour,
Amendment 25 #
Motion for a resolution Recital H H. whereas undeclared work is not included in the fiscal base and undermines the funding and
Amendment 26 #
Motion for a resolution Recital H H. whereas undeclared work is
Amendment 27 #
Motion for a resolution Recital H a (new) Ha. whereas undeclared work is depriving insurance funds of valuable sources of revenue,
Amendment 28 #
Motion for a resolution Recital H a (new) Ha. whereas workers engaged in undeclared activity have no welfare, sickness or accident insurance, exposing them to high risks and financial losses,
Amendment 29 #
Motion for a resolution Recital H b (new) Hb. whereas undeclared work makes it impossible to check compliance with safety and health at work provisions, exposing workers to high health risks and allowing employers to escape liability,
Amendment 3 #
Motion for a resolution Recital A A. whereas undeclared work is a complex
Amendment 30 #
Motion for a resolution Recital I I. whereas to
Amendment 31 #
Motion for a resolution Recital I I. whereas to combat clandestine employment effectively, it is vital to strengthen supervisory and sanction mechanisms
Amendment 32 #
Motion for a resolution Recital I I. whereas to combat clandestine employment effectively, it is vital to review labour related laws and regulations while simultaneously strengthening supervisory and sanction mechanisms with the assistance of labour inspectorate services, tax administrations and the social partners
Amendment 33 #
Motion for a resolution Paragraph 1 1. Expresses deep concern over the extent of undeclared work, which reaches 20% or more of GDP in some Member States, a figure which does not even take account of indirect public costs such as health expenditure arising from such uninsured work-related risks;
Amendment 34 #
Motion for a resolution Paragraph 1 a (new) 1a. Calls on the Member States to consider improving incentives for regular work which may include increasing the tax-free base for income and, as an incentive to employers, reducing the non- wage costs associated with legal employment;
Amendment 35 #
Motion for a resolution Paragraph 4 Amendment 36 #
Motion for a resolution Paragraph 4 Amendment 37 #
Motion for a resolution Paragraph 4 4.
Amendment 38 #
Motion for a resolution Paragraph 4 a (new) 4a. Considers that action to combat undeclared work requires a comprehensive approach which covers matters relating to monitoring and control, the economic and institutional framework and sectoral and territorial development and involves concerted action at several levels and the participation of all stakeholders (public authorities, social partners, firms and workers);
Amendment 39 #
Motion for a resolution Paragraph 4 b (new) 4b. Notes the link between delayed economic and productive development and the spread of undeclared work; considers that action to combat undeclared work should be incorporated into the economic and employment policies pursued under the Lisbon strategy; considers, moreover, that, to ensure the strategy to tackle undeclared work is effective and delivers positive results, precise studies should be carried out to analyse the decisive macro- economic factors and the relationship between markets, production models and widespread undeclared working;
Amendment 4 #
Motion for a resolution Recital A A. whereas undeclared work is a complex phenomenon, the extent of which is difficult to determine, since it is influenced by numerous economic, social, institutional, regulatory and cultural factors,
Amendment 40 #
Motion for a resolution Paragraph 5 Amendment 41 #
Motion for a resolution Paragraph 5 5. Calls, therefore, for European action to combat undeclared work to be more pro- active and incisive
Amendment 42 #
Motion for a resolution Paragraph 5 5. Calls, therefore, for European action to combat undeclared work to be more pro- active and incisive,
Amendment 43 #
Motion for a resolution Paragraph 5 5. Calls, therefore, for European action to combat undeclared work to be more pro- active and incisive, in order to prevent the modernisation of labour law in Europe from remaining on a purely theoretical level and ensure that improved job quality can be achieved in every case in accordance with the 'decent work' objective;
Amendment 44 #
Motion for a resolution Paragraph 5 5. Calls, therefore, for European action to combat undeclared work to be more proactive and incisive
Amendment 45 #
Motion for a resolution Paragraph 5 a (new) 5a. Believes that practical steps must be taken to combat undeclared work, without, however, casting doubt on the employment of the workers involved, except where the activities in question are illegal;
Amendment 46 #
Motion for a resolution Paragraph 5 b (new) Amendment 47 #
Motion for a resolution Paragraph 6 6. Stresses that undeclared work has various definitions in the national legal systems and that the level of ostensible self-employment differs from one Member State to the next, while a definition that is common to all Member States would ultimately eliminate uncertainties in relation to the statistical survey of this phenomenon; notes in this regard that the definition used in the Commission report, which distinguishes between legal and illegal activities, can be used as a starting point
Amendment 48 #
Motion for a resolution Paragraph 6 a (new) 6a. Points out that the measures introduced to combat undeclared work will also shed light on irregularities in relation to declared employment relationships based on legal contracts;
Amendment 49 #
Motion for a resolution Paragraph 6 a (new) 6a. Urges the Member states for more and better enforcement of the existing labour law and labour standards to combat undeclared work; Encourages a stronger role of the EU in promoting more and better cooperation and coordination between national labour and social inspectors;
Amendment 5 #
Motion for a resolution Recital B B. whereas undeclared work is a particularly worrying and persistent feature of European labour markets which
Amendment 50 #
Motion for a resolution Paragraph 7 7. Calls on the Commission to submit proposals with a view to developing a set of generally accepted methods of measuring undeclared work based on a grid of data broken down by gender and sector, given the significantly differing extent to which men and women respectively are engaged in undeclared work in many sectors, and the resulting indirect effect on the pay gap between men and women;
Amendment 51 #
Motion for a resolution Paragraph 8 8. Calls on the Commission to consider establishing a database on the various approaches and me
Amendment 52 #
Motion for a resolution Paragraph 8 8.
Amendment 53 #
Motion for a resolution Paragraph 9 Amendment 54 #
Motion for a resolution Paragraph 9 9. Calls on
Amendment 55 #
Motion for a resolution Paragraph 9 9. Calls on the Commission to frame policies to provide for both general measures and sectoral measures in order to prevent
Amendment 56 #
Motion for a resolution Paragraph 9 9. Calls on the Commission to frame policies to provide for both general measures and sectoral measures in order to prevent and regulate undeclared work with the full involvement of the social partners
Amendment 57 #
Motion for a resolution Paragraph 9 a (new) 9a. Notes that undeclared work can be prevented by recognition of national safety-at-work standards and conditions under bilateral and trilateral agreements between Member States and between the social partners, and that this is underpinned by cooperation and exchanges of information between the social partners;
Amendment 58 #
Motion for a resolution Paragraph 10 Amendment 59 #
Motion for a resolution Paragraph 10 10. Calls
Amendment 6 #
Motion for a resolution Recital B B. whereas undeclared work is a particularly worrying and persistent feature of European labour markets which
Amendment 60 #
Motion for a resolution Paragraph 10 10. Calls for the Commission’s approach, aiming to reduce the economic attractiveness of undeclared work by
Amendment 61 #
Motion for a resolution Paragraph 10 a (new) 10a. Believes that the too high expenses which result out of indirect taxes and social expenses and the administrative burden are the main reasons for the persistent increase of black economy;
Amendment 62 #
Motion for a resolution Paragraph 11 Amendment 63 #
Motion for a resolution Paragraph 11 11.
Amendment 64 #
Motion for a resolution Paragraph 11 11. Calls for the reform of social protection systems in the Member States to be part of an integrated approach geared to coordinate social protection policies with tax and economic policies;
Amendment 65 #
Motion for a resolution Paragraph 11 11. Calls for the reform of social protection systems to be part of an integrated approach geared not only to coordinate social protection policies with tax and economic policies but also to provide in this context strong incentives - financial and regulatory - for legal employment creation;
Amendment 66 #
Motion for a resolution Paragraph 12 12. Calls on the Member States to provide strong incentives for those who undertake to put undeclared work on a formal economic footing
Amendment 67 #
Motion for a resolution Paragraph 12 12. Calls on the Member States to provide strong incentives for those who undertake to put undeclared work on a formal economic footing and
Amendment 68 #
Motion for a resolution Paragraph 12 12. Calls on the Member States to pro
Amendment 69 #
Motion for a resolution Paragraph 12 12. Calls on the Member States to
Amendment 7 #
Motion for a resolution Recital B B. whereas undeclared work is a particularly worrying and persistent feature of European labour markets which risks
Amendment 70 #
Motion for a resolution Paragraph 12 12. Calls on the Member States to provide strong incentives for those who undertake to put undeclared work on a formal economic footing
Amendment 71 #
Motion for a resolution Paragraph 12 12. Calls on the Member States to
Amendment 72 #
Motion for a resolution Paragraph 12 a (new) 20a. Calls on the Member States to introduce severe penalties for employers who, notwithstanding any incentives offered, continue to make use of undeclared labour;
Amendment 73 #
Motion for a resolution Paragraph 13 Amendment 74 #
Motion for a resolution Paragraph 13 Amendment 75 #
Motion for a resolution Paragraph 13 Amendment 76 #
Motion for a resolution Paragraph 13 13. Takes the view that the Commission should provide support, also by means of a directive, for transnational collective bargaining
Amendment 77 #
Motion for a resolution Paragraph 13 13. Takes the view that the Commission should provide support, also by means of a directive, for transnational collective bargaining aiming to ensure
Amendment 78 #
Motion for a resolution Paragraph 13 13.
Amendment 79 #
Motion for a resolution Paragraph 14 14. Calls for new categories of regular work to be assessed and promoted, on the basis of the experience gained in several Member States, to allow those involved in undeclared activities to bring their practices into line with the law
Amendment 8 #
Motion for a resolution Recital C C. whereas undeclared work is
Amendment 80 #
Motion for a resolution Paragraph 14 14. Calls for
Amendment 81 #
Motion for a resolution Paragraph 14 14. Calls for new categories of regular work to be assessed and promoted, on the basis of the experience gained in several Member States, to allow those involved in undeclared activities to bring their practices into line with the law, for example by using service vouchers, in line with the best of the current regulatory practices which have proved effective;
Amendment 82 #
Motion for a resolution Paragraph 14 14. Calls for new
Amendment 83 #
Motion for a resolution Paragraph 15 Amendment 84 #
Motion for a resolution Paragraph 15 Amendment 85 #
Motion for a resolution Paragraph 15 15. Strongly believes that bringing undeclared employment relationships into line with the law must always include an obligation to pay contributions
Amendment 86 #
Motion for a resolution Paragraph 15 15. Strongly believes that brin
Amendment 87 #
Motion for a resolution Paragraph 15 15. Strongly believes that bringing undeclared employment relationships into line with the law must always include an obligation to pay contributions,
Amendment 88 #
Motion for a resolution Paragraph 16 16. Calls on those Member States who have applied transitional arrangements to the free movement of workers in the European Union to open up their employment markets to workers from the new Member States, given that any restrictions – even partial ones – on access to the labour market, do not only run
Amendment 89 #
Motion for a resolution Paragraph 16 16. Calls on those Member States who have applied transitional arrangements to the free movement of workers in the European Union to open up their employment markets to workers from all the new Member States, given that any restrictions – even partial ones – on access to the labour market, do not only run counter to the European spirit but also risk increasing recourse to undeclared work and creating territorial imbalances;
Amendment 9 #
Motion for a resolution Recital C C. whereas undeclared work is the main factor behind social dumping
Amendment 90 #
Motion for a resolution Paragraph 16 16. Calls on those Member States who have applied transitional arrangements to the free movement of workers in the European Union to open up their employment markets to workers from the new Member States,
Amendment 91 #
Motion for a resolution Paragraph 17 17. Is of the opinion that simplifying or reducing administrative burdens, especially for small and medium-sized enterprises,
Amendment 92 #
Motion for a resolution Paragraph 17 17. Is of the opinion that simplifying or reducing administrative burdens, especially for small and medium-sized enterprises
Amendment 93 #
Motion for a resolution Paragraph 17 17. Is of the opinion that simplifying or reducing administrative burdens and procedures, especially for small and medium-sized enterprises, could diminish the use of undeclared labour;
Amendment 94 #
Motion for a resolution Paragraph 17 a (new) 17a. Takes the view that effective, on-the- spot inspections and sanctions must be directly introduced and Member States given the necessary margin of manoeuvre to contain undeclared work;
Amendment 95 #
Motion for a resolution Paragraph 18 Amendment 96 #
Motion for a resolution Paragraph 18 Amendment 97 #
Motion for a resolution Paragraph 18 18.
Amendment 98 #
Motion for a resolution Paragraph 18 18. Expresses a demand for contractors to be held liable for any irregularities, including contributory or fiscal
Amendment 99 #
Motion for a resolution Paragraph 18 18. Expresses a demand for contractual parties who use subcontractors to be held liable for any contributory or fiscal irregularities on the part of their direct subcontractors. This is on condition that the principal contracting party was negligent in not carrying out a certain number of checks laid down by each Member State;
source: PE-406.141
2008/06/26
FEMM
14 amendments...
Amendment 1 #
Draft opinion Recital 1 a (new) - having regard to the study by the European Commission, DG Employment and Social Affairs, on "undeclared work in the an enlarged union an analysis of undeclared work: an in-depth study of specific items (March 2004),
Amendment 10 #
Draft opinion Paragraph 3 a (new) 3a. Draws attention to service voucher schemes in Belgium, Germany and France, whereby households can buy household services at a lower price but still ensure that social security contributions and taxes are paid through the voucher;
Amendment 11 #
Draft opinion Paragraph 4 4. Calls on the Commission to propose to the Member States a framework statute for spouses or family members helping in family businesses to guarantee their compulsory membership of a social security scheme.
Amendment 12 #
Draft opinion Paragraph 4 a (new) 4a. Calls on the Commission to propose to Member States a flexible framework for recognising care services for the young, the elderly, the disabled, etc., and the rights, obligations and professional experience of care providers, whether they are European citizens or citizens of third countries;
Amendment 13 #
Draft opinion Paragraph 4 b (new) 4b. Calls on the Commission, bearing in mind that running a family is itself a family business, to propose a framework for recognising atypical family work and the compulsory inclusion thereof in a social security scheme;
Amendment 14 #
Draft opinion Paragraph 4 a (new) 4a. Draws attention to the vital role of non-governmental organisations, trade unions and all stakeholders in the labour market, and urges Member State governments to involve such bodies in the introduction of effective strategies, to be formulated and implemented at all levels (local, regional, national and European) and within companies, to combat undeclared work through the establishment of a social dialogue at European level taking due account of the gender dimension and, in particular, the situation of women;
Amendment 2 #
Draft opinion Paragraph -1 (new) -1. Stresses the essential need to set up an EU-level platform for the collection, in close cooperation with the Member States, of the information required for the establishment of a reliable database on undeclared work within the EU, with due regard for the gender dimension and, in particular, the situation of women;
Amendment 3 #
Draft opinion Paragraph 1 1. Stresses that women are not over- represented where undeclared work is concerned, but when compared with men they nevertheless account for a larger proportion of jobs in a number of areas of the labour market that are characterised by low skills, poor job security, low wages and low or non-existent social protection, which often places them in a particularly vulnerable position;
Amendment 4 #
Draft opinion Paragraph 1 a (new) 1a. Points out that at least three groups of women are victims of undeclared work: first, women who have two or even three jobs; second, housewives; and third, female illegal immigrants who, owing to their economic and social circumstances, are obliged to perform undeclared work, inevitably under unacceptable conditions that make a mockery of the right to decent work;
Amendment 5 #
Draft opinion Paragraph 1 a (new) 1a. Refers to the fact that working conditions of women in undeclared work are, overall, less favourable than those of men; points out that women who do undeclared work are mostly active in sectors with traditionally "female tasks", informally employed women are found in the service sector (personal services, care), in the hotel and restaurant business, health, education and commercial cleaning;
Amendment 6 #
Draft opinion Paragraph 1 b (new) Amendment 7 #
Draft opinion Paragraph 2 2. Points out the generally weaker position of women on the labour market, which is often due to their family obligations, as a result of which access to the official labour market is hampered, and underpaid and undeclared work more readily accepted;
Amendment 8 #
Draft opinion Paragraph 2 2. Points out the generally weaker position of women on the labour market, which is often due to their family obligations, as a result of which access to the official labour market is hampered, and underpaid and undeclared work more readily accepted;
Amendment 9 #
Draft opinion Paragraph 2 2. Points out the generally weaker position of women on the labour market, which is often due to their family obligations, as a result of which access to the official labour market is hampered, and underpaid and undeclared work more readily accepted; points also to the resulting serious consequences for the career advancement and retirement of women, but also for the proper functioning of the labour market and the capacity for financing social security schemes;
source: PE-409.438
2008/07/01
IMCO
17 amendments...
Amendment 1 #
Draft opinion Paragraph 1 1. Notes that cases of undeclared work are increasing while there is free movement of workers in the internal market; considers that this is harmful to workers, public finances and the smooth operation of the internal market, as well as to healthy competition;·
Amendment 10 #
Draft opinion Paragraph 4 4. Asks the Commission to
Amendment 11 #
Draft opinion Paragraph 4 a (new) 4a. Recommends that agreement be reached at national, regional and local level, involving social institutions and employers' organisations seeking a commitment to monitor and progressively eliminate undeclared employment;
Amendment 12 #
Draft opinion Paragraph 5 5. Stresses that the number of cases of undeclared work in subcontracting chains
Amendment 13 #
Draft opinion Paragraph 5 5. Stresses that the number of cases of undeclared work in subcontracting chains could be substantially cut by a system placing greater responsibility and liability on contractors and developers.
Amendment 14 #
Draft opinion Paragraph 5 a (new) 5a. Stresses the importance of providing incentives for employers and workers to convert undeclared work into legal employment and imposing large fines on companies which continue to employ undeclared workers;
Amendment 15 #
Draft opinion Paragraph 5 b (new) 5b. Calls on the Member States to work together to reduce the amount of undeclared work and to implement policies suited to their specific requirements;
Amendment 16 #
Draft opinion Paragraph 5 c (new) 5c. Urges the Member States to carry out an analysis of the legal provisions that act as a barrier to legal employment and to make the necessary changes to those provisions, with a view in particular to helping to reduce labour costs, especially for small and medium-sized enterprises;
Amendment 17 #
Draft opinion Paragraph 5 d (new) 5d. Encourages Member States to make use of the policy tools they have at their disposal which combine both preventive action and sanctions aiming at transforming undeclared work into regular employment, and where possible to coordinate the use of those tools in order to achieve greater coherence throughout the internal market.
Amendment 2 #
Draft opinion Paragraph 1 1. Notes that cases of undeclared work are increasing while there is free movement of workers in the internal market; considers that this is harmful to workers, public finances and the smooth operation of the internal market, given that it leads to social dumping and distortion of competition;
Amendment 3 #
Draft opinion Paragraph 1 a (new) 1. Notes that the stagnation or fall in purchasing power of numerous households in the Union, together with the joint impact of wage restraint and rising prices, is prompting a number of European workers to seek additional income through undeclared work;
Amendment 4 #
Draft opinion Paragraph 2 2. Urgently calls on the Member States to give up as soon as possible the transitional arrangements limiting the mobility of workers from the new Member States, as these restrictions are encouraging undeclared work, and to deal with the problem of illegal immigration in a spirit of social justice, given that illegal immigrants and women from third countries are the primary victims of undeclared work;
Amendment 5 #
Draft opinion Paragraph 2 a (new) Amendment 6 #
Draft opinion Paragraph 2 b (new) 2b. Considers that, in the case of workers benefiting from freedom of movement, undeclared work may be due to a lack of familiarity with the relevant provisions; calls therefore on the Member States to mount public information campaigns to raise awareness of this matter among workers and employers;
Amendment 7 #
Draft opinion Paragraph 2 c (new) 2c. Calls on the Member States to take measures to alleviate the particular vulnerability of the immigrant population in undeclared employment, through both internal information and monitoring measures and an increase in the number of recruitment centres in third countries of origin;
Amendment 8 #
Draft opinion Paragraph 3 3. Calls on the
Amendment 9 #
Draft opinion Paragraph 3 source: PE-409.490
2008/07/18
LIBE
4 amendments...
Amendment 1 #
Draft opinion Recital B a (new) Ba. whereas the availability of undeclared work is a key factor in encouraging illegal immigration,
Amendment 2 #
Draft opinion Paragraph 1 a (new) 1a. Calls on Member States to strengthen surveillance and sanction mechanisms, with the involvement of labour inspectorates, tax offices and social partners;
Amendment 3 #
Draft opinion Paragraph 3 a (new) 3a. Believes that the simplification and coordination of Member States' administrative systems would bolster the fight against undeclared work;
Amendment 4 #
Draft opinion Paragraph 5 a (new) 6a. Believes that there is a need to step up the fight against human trafficking, which is often linked with undeclared work;
source: PE-409.702
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