2008/2249(INI) | [ParlTrack]

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2008/2249(INI) Social responsibility of subcontracting undertakings in production chains

Role	Committee	Rapporteur	Shadows
Lead	EMPL	LEHTINEN Lasse (PSE)

Lead committee dossier: EMPL/6/66835
Legal Basis RoP 052, RoP 052-p2

Subjects

Links

Activites

2009/03/26 Results of vote in Parliament
- Results of vote in Parliament
- T6-0190/2009 summary
  
  The European Parliament adopted by 321 votes to 235, with 11 abstentions, a resolution on the social responsibility of subcontracting undertakings in production chains.The text adopted by Parliament had been tabled by the PES, ALDE and Greens/EFA groups, pursuant to Rule 45(2) of the Rules of Procedure, as an alternative motion for a resolution to the motion for a resolution contained in the report tabled by the committee responsible.Globalisation and its corollary of increased competition are bringing about changes in the ways companies organise themselves, including the outsourcing of non-strategic activities, the creation of networks and increased recourse to subcontracting. These changes have had far-reaching consequences for labour relations. Although subcontracting has many positive aspects and has allowed for increased production capacity, it is also generating some economic and social imbalances among workers and might foster a race to the bottom in working conditions.Awareness raising: in this context, the resolution calls on public authorities and all stakeholders to do their utmost to increase the level of awareness among workers of their rights under the various instruments that regulate their employment relationship and working conditions in the undertakings for which they work and the contractual relationships in subcontracting chains. The Commission is called upon to raise awareness of social responsibility practices among companies and to put forward a proposal on applying the decent work agenda to workers in subcontracting undertakings, and, in particular, on compliance with core labour standards, social rights, employee training and equal treatment.The European Parliament welcomes the fact that eight Member States (Austria, Belgium, Finland, France, Germany, Italy, the Netherlands and Spain) have responded to the problems connected with the duties of subcontractors as employers by establishing national liability schemes. It encourages other Member States to consider similar schemes, highlighting the fact, however, that implementing the rules in cross-border subcontracting processes is especially difficult when Member States have different systems in place. Parliament emphasises the particular challenges faced by small businesses and therefore calls on policymakers to develop appropriate tools to raise awareness among small businesses.Sanctions: Parliament takes note of the Commission's proposal for a directive providing for sanctions against employers of illegally staying third-country nationals, in which the Commission proposes the introduction of the concept of joint and several liability into Community legislation. The resolution stresses that this concept is a suitable instrument to guarantee that all subcontractors assume their corporate responsibility in respect of employees' rights.Community instrument: Parliament calls on the Commission to establish a clear-cut Community legal instrument introducing joint and several liability at European level, while respecting the different legal systems in place in the Member States. It also calls on the Commission to launch an impact assessment on the added value and feasibility of a Community instrument on chain liability as a way of increasing transparency in subcontracting processes and of securing better enforcement of Community and national law. A Community instrument on chain liability would benefit not only employees, but also Member State authorities, employers and, in particular, SMEs in their fight against the grey economy.Incentives: the resolution stresses the need to promote incentives for companies to make every reasonable effort in good faith to eliminate labour law infringements by subcontractors, including reporting to the authorities and terminating a contract with a subcontractor which engages in illegal practice. It also proposes that the possibility of reconciling family life with work be safeguarded in law at national level for workers in subcontracting undertakings in production chains and that the directives on maternity and parental leave be effectively implemented.Lastly, the Commission is called upon to:promote more and better cooperation and coordination between national administrative bodies, inspectorates, government enforcement agencies, social security authorities and tax authorities; develop quality standards for labour inspectorates and to carry out a feasibility study of possible arrangements for establishing a European network of labour inspectorates; ensure effective compliance with Directive 96/71/EC on the posting of workers, including, if necessary, launching infringement procedures.
2009/03/23 Debate in Parliament
- Debate in Parliament
2009/02/17 Committee report tabled for plenary, single reading
- A6-0065/2009
2009/02/11 Vote in committee, 1st reading/single reading
2008/09/23 Committee referral announced in Parliament, 1st reading/single reading

Documents

Committee report tabled for plenary, single reading: A6-0065/2009
Debate in Parliament: Debate in Parliament
Results of vote in Parliament: Results of vote in Parliament
Decision by Parliament, 1st reading/single reading: T6-0190/2009

Amendments	Dossier
66	2008/2249(INI) 2008/12/12 EMPL 66 amendments... Amendment 1 # Marie PANAYOTOPOULOS-CASSIOTOU Motion for a resolution Citation 13 a (new) – having regard to its resolution of 23 May 2007 on promoting decent work for all1, Amendment 10 # Jean Marie BEAUPUY Motion for a resolution Recital G G. whereas subcontracting may also be carried out by pure manpower firms that sometimes operate as so-called letterbox companies, ~~which highlights the nature of the construction industry as a sector of rapidly changing, often fixed term employment relationships where the position of workers is often precarious,~~ Amendment 11 # Thomas MANN Motion for a resolution Recital G G. whereas subcontracting may also be carried out by pure manpower firms that sometimes operate as so-called letterbox companies, ~~which highlights the nature of the construction industry as a sector of rapidly changing, often fixed term employment relationships where the position of workers is often precarious,~~ Amendment 12 # Elisabeth SCHROEDTER Motion for a resolution Recital G G. whereas subcontracting may also be carried out by pure manpower firms that sometimes operate as so-called letterbox companies, ~~which~~and whereas in many cases only a single contract is awarded or workers are hired only for that specific purpose; whereas this highlights the nature of the construction industry as a sector of rapidly changing, often fixed term employment relationships where the position of workers is often precarious, Amendment 13 # Lasse LEHTINEN Motion for a resolution Recital G G. whereas subcontracting may also be carried out by pure ~~manpower firms~~intermediaries, manpower firms or temporary work agencies, for example, that sometimes operate as so-called letterbox companies, which highlights the rapidly changing nature of the construction industry a~~s a sector of rapidly changing, often fixed term employment relationships where the position of workers is~~nd other sectors in which employment relationships are often precarious, Amendment 14 # Philip BUSHILL-MATTHEWS, Anna IBRISAGIC, Thomas ULMER, Jacek PROTASIEWICZ Motion for a resolution Recital H ~~H. whereas, in a cross border context, the problems linked to this precarious position are emphasised when, for example, workers are posted to a third Member State,~~deleted Amendment 15 # Thomas MANN Motion for a resolution Recital H ~~H. whereas, in a cross border context, the problems linked to this precarious position are emphasized when, for example, workers are posted to a third Member State,~~deleted Amendment 16 # Philip BUSHILL-MATTHEWS, Anna IBRISAGIC, Thomas ULMER, Jacek PROTASIEWICZ Motion for a resolution Recital I I. whereas ~~employment relations in the~~the externalisation of activities and/or labour forces through sub- construacti~~on sector have been redefined and, at the same time, have~~ng or employment agencies may reduced the direct social responsibility of the 'principal contractor', as labour has been externalised by the use of subcontractors and employment agencies, making the supply of cheap, often unskilled labour an integral part of lower level subcontractingcompanies, when used extensively, Amendment 17 # Jean Marie BEAUPUY Motion for a resolution Recital I I. whereas employment relations in the construction sector have been redefined and, at the same time, have reduced the direct social responsibility of the 'principal contractor', as labour has been externalised by the use of subcontractors and employment agencies, making the supply of cheap, often unskilled labour an integral part of lower level subcontractingthe externalisation of activities or labour by the use of subcontractors and employment agencies is reducing the direct social responsibility of undertakings when it is used extensively, Amendment 18 # Elisabeth SCHROEDTER Motion for a resolution Recital J J. whereas the construction sector has been especially vulnerable to abuses in its often complicated subcontracting chains, but whereas in other service sectors as well subcontracting chains are becoming a much more frequent phenomenon, giving rise to wage undercutting, Amendment 19 # Jean Marie BEAUPUY Motion for a resolution Recital J J. whereas ~~the~~some sectors, in particular construction ~~sector~~, hasve been especially vulnerable to abuses in ~~its~~their often complicated subcontracting chains, Amendment 2 # Jan CREMERS Motion for a resolution Recital C a (new) ~~1 OJ C 102 Ε, 24.4.2008, p. 321.~~Ca. whereas the production process in several industries nowadays takes the form of a fragmented chain of production that has lengthened and broadened, a chain constituting a logistical chain (both horizontal and vertical), as well as a value-chain of an economic and productive nature with single specialities or tasks often ‘externalised’ to small firms or self-employed workers, and whereas the effect in company accounts is a substitution of direct labour costs by subcontracting, services or supplier costs based on invoices and ‘commercial contracts for services’, Or. en Amendment 20 # Philip BUSHILL-MATTHEWS, Anna IBRISAGIC, Thomas ULMER, Jacek PROTASIEWICZ Motion for a resolution Recital J J. whereas, ~~the construction~~some sectors hasve been especially vulnerable to abuses in ~~its~~their often complicated subcontracting chains, Amendment 21 # Thomas MANN Motion for a resolution Recital J J. whereas ~~the construction~~some sectors hasve been especially vulnerable to abuses in ~~its~~their often complicated subcontracting chains, Amendment 22 # Elisabeth SCHROEDTER Motion for a resolution Paragraph 1 a (new) 1a. Calls on the Commission and the Member States to ensure that the basic principle of equal pay for equal work in the same place applies to all employees, regardless of their status and the nature of their contracts; Amendment 23 # Philip BUSHILL-MATTHEWS, Anna IBRISAGIC, Thomas ULMER, Jacek PROTASIEWICZ Motion for a resolution Paragraph 3 3. Reiterates its invitation to the Commission to put forward a proposal on social labelling, based on criteria such as compliance with core labour standards, social rights, employee training and equal treatment;deleted Amendment 24 # Thomas MANN Motion for a resolution Paragraph 3 3. Reiterates its invitation to the Commission to put forward a proposal on social labelling, based on criteria such as compliance with core labour standards, social rights, employee training and equal treatment;deleted Amendment 25 # Gabriele STAUNER Motion for a resolution Paragraph 3 3. Reiterates its invitation to the Commission to put forward a proposal on social labelling, based on criteria such as compliance with core labour standards, social rights, employee training and equal treatment;deleted Amendment 26 # Elisabeth SCHROEDTER Motion for a resolution Paragraph 3 3. Reiterates its invitation to the Commission to put forward a proposal on social labelling, based on criteria such as compliance with core labour standards, social rights, employee training and equal treatment; calls for compliance with the standards and the granting of the rights referred to above to be made compulsory for principal contractors awarded public contracts; calls on the Commission to take measures under procurement law to foster and strengthen the use of a social label of this kind in connection with the award of public contracts; Amendment 27 # Marie PANAYOTOPOULOS-CASSIOTOU Motion for a resolution Paragraph 3 3. Reiterates its invitation to the Commission to put forward a proposal on ~~social labelling, based on criteria such as~~applying the decent work agenda to workers in subcontracting undertakings and, in particular, on compliance with core labour standards, social rights, employee training and equal treatment; Amendment 28 # Elisabeth SCHROEDTER Motion for a resolution Paragraph 3 a (new) 3a. Takes the view that the Commission in particular has a responsibility in this area and calls on it to make the criteria central to corporate social responsibility, such as compliance with key labour standards, social rights, further training for workers and equal treatment, components of the code of conduct which it is drawing up in connection with the implementation of the services directive under the title 'Quality of services - the role of the European Code of Conduct'; Amendment 29 # Marie PANAYOTOPOULOS-CASSIOTOU Motion for a resolution Paragraph 3 a (new) 3a. Stresses the importance of subcontracting undertakings in production chains using new technologies in order to improve the quality of both production and jobs; Amendment 3 # Ole CHRISTENSEN Motion for a resolution Recital C a (new) Ca. whereas subcontractors are often played off against each other and whereas, therefore, the employees of both the issuer of the invitation to tender and of the subcontractors come under pressure as regards their working conditions, Amendment 30 # Thomas MANN Motion for a resolution Paragraph 4 4. Calls on public authorities to adopt or further develop legal provisions which exclude from public procurement undertakings found to have infringed labour law, collective agreements or codes of conduct;deleted Amendment 31 # Philip BUSHILL-MATTHEWS, Anna IBRISAGIC, Jacek PROTASIEWICZ Motion for a resolution Paragraph 4 4. ~~Calls on public a~~Believes that past non-compliance with statuthor~~ities to adopt~~y labour law or ~~fur~~other ~~develop legal provisions which exclude from public procurement undertakings found to have infringed labour law, collective agreements or codes of conduc~~applicable regulations and legislation should be taken into account as part of the selection process in public procurement; Amendment 32 # Gabriele STAUNER Motion for a resolution Paragraph 4 4. Calls on national public authorities to adopt or further develop legal provisions which exclude from public procurement undertakings found to have infringed labour law, collective agreements or codes of conduct; Amendment 33 # Gabriele STAUNER Motion for a resolution Paragraph 5 5. Welcomes the adoption of a transnational legal framework, agreed between individual multinational enterprises and global union federations, designed to protect labour standards in multinational enterprises and their subcontractors and affiliates across different countries and which defines the status of the dependent worker and provides social protection irrespective of specific employment conditions;deleted Amendment 34 # Elisabeth SCHROEDTER Motion for a resolution Paragraph 7 7. Takes note of the Commission's proposal for a Directive providing for sanctions against employers of illegally staying third-country nationals, in which the Commission introduces the idea of joint and several liability into Community legislation; welcomes the fact that in so doing the Commission has shown that joint and several liability as a European rule is a suitable instrument to guarantee that all subcontractors assume their corporate responsibility in respect of employees' rights; Amendment 35 # Jean Marie BEAUPUY Motion for a resolution Paragraph 7 7. Takes note of the Commission's proposal for a Directive providing for sanctions against employers of illegally staying third-country nationals, in which the Commission introduces into Community legislation the idea of joint and several liability ~~into Community legislation~~of the principal vis-à- vis its direct subcontractor if it has failed to carry out certain checks; Amendment 36 # Philip BUSHILL-MATTHEWS, Thomas ULMER, Jacek PROTASIEWICZ Motion for a resolution Paragraph 7 7. Takes note of the Commission's proposal for a Directive providing for sanctions against employers of illegally staying third-country nationals, in which the Commission introduces the idea of joint and several liability ~~into Community legislation~~; Amendment 37 # Thomas MANN Motion for a resolution Paragraph 7 7. Takes note of the Commission's proposal for a Directive providing for sanctions against employers of illegally staying third-country nationals, in which the Commission introduces the idea of joint and several liability ~~into Community legislation~~; Amendment 38 # Lasse LEHTINEN Motion for a resolution Paragraph 7 a (new) 7a. Takes note of the outcome of the public consultation on the Commission's Green Paper “Modernising labour law to meet the challenges of the 21st century”; encourages in this regard the Commission's intention to take the necessary steps to clarify the rights and obligations of the parties involved in subcontracting chains to avoid depriving workers of their ability to make effective use of their rights; Amendment 39 # Lasse LEHTINEN Motion for a resolution Paragraph 8 8. Welcomes the fact that eight Member States (Austria, Belgium, Finland, France, Germany, Italy, the Netherlands and Spain) have responded to the problems connected with the duties of subcontractors as employers by establishing national liability schemes; encourages other Member States to consider similar schemes; highlights the fact, however, that implementing the rules in cross-border subcontracting processes is especially difficult when Member States have different systems in place; Amendment 4 # Ole CHRISTENSEN Motion for a resolution Recital D a (new) Da. whereas the European Parliament has previously highlighted problems associated with the falsely self-employed and whereas this problem is also in evidence in the case of subcontractors,, Amendment 40 # Philip BUSHILL-MATTHEWS, Anna IBRISAGIC, Jacek PROTASIEWICZ Motion for a resolution Paragraph 8 8. Welcomes the fact that eight Member States (Austria, Belgium, Finland, France, Germany, Italy, the Netherlands and Spain) have ~~responded~~tried to solve to the problems connected with the duties of subcontractors as employers by establishing national liability schemes; ~~encourages other Member States to consider similar scheme~~commends the introduction of voluntary codes of practice developed in some Member States by the relevant stakeholders; Amendment 41 # Thomas MANN Motion for a resolution Paragraph 8 8. Welcomes the fact that eight Member States (Austria, Belgium, Finland, France, Germany, Italy, the Netherlands and Spain) have ~~responded to~~endeavoured to resolve the problems connected with the duties of subcontractors as employers by establishing national liability schemes~~; encourages other Member States to consider similar schemes~~ applicable to the principal contractor or even the client; Amendment 42 # Jean Marie BEAUPUY Motion for a resolution Paragraph 8 8~~. Welcom~~ Notes the fact that eight Member States (Austria, Belgium, Finland, France, Germany, Italy, the Netherlands and Spain) have ~~responded to~~endeavoured to resolve the problems connected with the duties of subcontractors as employers by establishing national liability schemes~~; encourages other Member States to consider similar schemes~~ applicable to the principal or even the client; Amendment 43 # Lasse LEHTINEN Motion for a resolution Paragraph 8 a (new) 8a. Stresses that the fact of a narrow scope of liability, such as a limitation to only one element of the chain, is mentioned in the European Foundation for the Improvement of Living and Working Conditions' study as one reason for arrangements being ineffective; Amendment 44 # Philip BUSHILL-MATTHEWS, Anna IBRISAGIC, Thomas ULMER, Jacek PROTASIEWICZ Motion for a resolution Paragraph 8 a (new) 8a. Emphasises the particular challenges faced by small businesses, calls on policymakers to develop appropriate tools to raise awareness in this sector; Amendment 45 # Philip BUSHILL-MATTHEWS, Anna IBRISAGIC, Thomas ULMER, Jacek PROTASIEWICZ Motion for a resolution Paragraph 9 9. Reminds all stakeholders that, in its aforementioned resolution on the posting of workers, Parliament called on the Commission to ~~regulate the joint and several liability of general or principal undertakings, in order to deal with~~consider abuses in the subcontracting and outsourcing of cross- border workers, and to set up a transparent and competitive internal market for all companies; Amendment 46 # Gabriele STAUNER Motion for a resolution Paragraph 10 10. Reiterates its message by calling on the Commission to establish a clear-cut Community legal instrument introducing joint and several liability at European level, while respecting the different legal systems in place in the Member States and the principles of subsidiarity and proportionalityCalls on the Commission to urge the individual Member States to establish a legal instrument introducing joint and several liability at national level; Amendment 47 # Philip BUSHILL-MATTHEWS, Anna IBRISAGIC, Thomas ULMER, Jacek PROTASIEWICZ Motion for a resolution Paragraph 10 10. Reiterates its message by calling on the Commission to establish a clear-cut Community legal instrument introducing joint and several liability at European level whilst respecting the different legal systems in place in the Member States and the principles of subsidiarity and proportionalityCalls on the Commission to report on joint and several liability at European level; Amendment 48 # Jean Marie BEAUPUY Motion for a resolution Paragraph 10 10. ~~Reiterates its message by calling~~Calls on the Commission to establish a clear-cut Community legal instrument introducing at European level joint and several liability ~~at European level~~of the client vis-à-vis the principal contractor or of any contractor vis-à-vis its direct subcontractor if it has failed to carry out certain checks, while respecting the different legal systems in place in the Member States and the principles of subsidiarity ~~of subsidiarity~~ and proportionality; Amendment 49 # Lasse LEHTINEN Motion for a resolution Paragraph 10 a (new) 10a. Calls on the Commission to launch an impact assessment on the added value and feasibility of a Community instrument on chain liability as a way of increasing transparency in subcontracting processes and of securing better enforcement of Community and national law; emphasises that such a study should be cross sectoral; Amendment 5 # Jan CREMERS Motion for a resolution Recital E E. whereas these changes have had far- reaching consequences for labour relations and sometimes make it difficult to clearly determine the branch of law applying to the relationships between the various elements of a production chain, and as a consequence the pricing and allocation of labour is no longer governed by the industry’s regulatory framework, Amendment 50 # Gabriele STAUNER Motion for a resolution Paragraph 11 11. Is convinced that such an instrument would benefit not only employees, but also Member State authorities, employers and especially SMEs in their fight against the grey economy~~, as clear, transparent Community rules would drive dubious operators out of the market, thus improving the functioning of the single market~~; Amendment 51 # Philip BUSHILL-MATTHEWS, Anna IBRISAGIC, Thomas ULMER, Jacek PROTASIEWICZ Motion for a resolution Paragraph 11 11. Is convinced that such ~~an instrument~~information and exchange of best practices would benefit not only employees, but also Member State authorities, employers and especially SMEs in their fight against the grey economy, as clear, transparent Community rules would drive dubious operators out of the market, thus improving the functioning of the single market; Amendment 52 # Thomas MANN Motion for a resolution Paragraph 11 11. Is convinced that ~~such an instrument w~~the exchange of best practices could benefit not only employees, but also Member State authorities, employers and especially SMEs in their fight against the grey economy, as clear, transparent Community rules would drive dubious operators out of the market, thus improving the functioning of the single market; Amendment 53 # Philip BUSHILL-MATTHEWS, Anna IBRISAGIC, Thomas ULMER, Jacek PROTASIEWICZ Motion for a resolution Paragraph 12 ~~12. Believes that the scope of the liability prescribed in such an instrument should include at least wages, social security contributions and taxes;~~deleted Amendment 54 # Thomas MANN Motion for a resolution Paragraph 12 ~~12. Believes that the scope of the liability prescribed in such an instrument should include at least wages, social security contributions and taxes;~~deleted Amendment 55 # Lasse LEHTINEN Motion for a resolution Paragraph 12 12. Believes that the scope of ~~the~~ liability ~~prescribed~~ in such an instrument should ~~include~~cover at least wages, social security contributions ~~and taxe~~, taxes and damages in relation to work-related accidents; Amendment 56 # Ole CHRISTENSEN Motion for a resolution Paragraph 12 12. Believes that the scope of the liability prescribed in such an instrument should include at least wages, social security contributions ~~and taxes~~, taxes and liability for compensation in respect of injuries and accidents at work; Amendment 57 # Elisabeth SCHROEDTER Motion for a resolution Paragraph 12 a (new) 12a. Notes that all measures which inform employees about their rights and support them in the exercise of those rights make a vital contribution to fostering corporate social responsibility; calls on the Member States to ensure, as a matter of principle, that employees are informed of their rights; in that connection, regards the social partners as having a particular responsibility; Amendment 58 # Anne VAN LANCKER Motion for a resolution Paragraph 13 13. Calls on the Commission to intensify its efforts to promote more and better cooperation and coordination between national administrative bodies, inspectorates, government enforcement agencies, social security authorities and tax authorities; calls, furthermore, on Member States to introduce more stringent inspection procedures and to favour closer links between national labour inspectorates, thus allowing for increased cooperation and coordination among them; calls on the Commission to develop quality standards for labour inspectorates and to carry out a feasibility study of possible arrangements for establishing a European network of labour inspectorates; Amendment 59 # Lasse LEHTINEN Motion for a resolution Paragraph 14 14. Stresses the need to promote incentives for companies to make all reasonable ~~efforts in~~and good faith efforts to eliminate labour law infringements ~~on the part of subcontractors~~by subcontractors, such as systems of certification and codes of conduct, including reporting to the authorities and terminating a contracts with a subcontractors which engages in illegal practices in order to avoid the possibility of being held jointly and severally liable for that infringements; ; Amendment 6 # Jan CREMERS Motion for a resolution Recital E a (new) Ea. whereas subcontracting and outsourcing to legally independent firms does not lead to independency, and companies at a lower level in the value chain, with the exception of specialised subcontractors with high tech or other sophisticated activity, are often not in a position to act on an equal footing with main contractors, Amendment 60 # Jan CREMERS Motion for a resolution Paragraph 14 a (new) 14a. Invites both sides of the industry to take the lead in the promotion of cooperative subcontracting for specific one-off tasks on the one hand, and for the restriction of the multiplication of subcontracting on the other, and welcomes the development of framework agreements that define social responsibility and liability in the chain as a complement to the necessary regulation; Amendment 61 # Philip BUSHILL-MATTHEWS, Thomas ULMER, Jacek PROTASIEWICZ Motion for a resolution Paragraph 15 15. Warns also against conflicts and overlapping between, and duplication of provisions found in codes of conduct and in labour law, codes of conduct, standards and guidelines adopted by public authorities and collective agreements in force; for this reason, emphasises the need for undertakings to adhere, as a matter of priority, to codes of conduct, standards and guidelines drafted at the level of supranational organisations (OECD, ILO), national, or sector level; Amendment 62 # Thomas MANN Motion for a resolution Paragraph 15 15. Warns also against conflicts and overlapping between, and duplication of provisions found in codes of conduct and in labour law, codes of conduct, standards and guidelines adopted by public authorities and collective agreements in force; for this reason, emphasises the need for undertakings to adhere, as a matter of priority, to codes of conduct, standards and guidelines drafted at the level of supranational organisations (OECD, ILO), national, or sector level; Amendment 63 # Marie PANAYOTOPOULOS-CASSIOTOU Motion for a resolution Paragraph 16 a (new) 16a. Proposes that the possibility of reconciling family life with work be safeguarded in law at national level for workers in subcontracting undertakings in production chains and that the directives on maternity and parental leave be effectively implemented; Amendment 64 # Philip BUSHILL-MATTHEWS, Anna IBRISAGIC, Thomas ULMER, Jacek PROTASIEWICZ Motion for a resolution Paragraph 18 18. Stresses that the fight against the potential negative social consequences of subcontracting can be ~~tackl~~strengthened by enhanced social dialogue between employers' organisations and trade unions, ~~also with the participation of socially active NGOs and civil society organisations.~~ Amendment 65 # Jean Marie BEAUPUY Motion for a resolution Paragraph 18 18. Stresses that more effective measures can be taken to counter the potential negative social consequences of subcontracting ~~can be tackled by~~by improving enhanced social dialogue between employers’ organisations and trade unions~~, also with the participation of socially active NGOs and civil society organisations~~; Amendment 66 # Thomas MANN Motion for a resolution Paragraph 18 18. Stresses that more effective measures can be taken to counter the potential negative social consequences of subcontracting ~~can be tackled~~ by enhanced social dialogue between employers' organisations and trade unions~~, also with the participation of socially active NGOs and civil society organisations~~; Amendment 7 # Philip BUSHILL-MATTHEWS, Anna IBRISAGIC, Thomas ULMER, Jacek PROTASIEWICZ Motion for a resolution Recital F F. whereas, although subcontracting has many positive aspects and has allowed for increased productive capacity, it is also generating some economic and social imbalances ~~among workers and might foster a race to the bottom in working conditions, which is a matter of concern~~, Amendment 8 # Thomas MANN Motion for a resolution Recital F F. whereas~~, although~~ subcontracting has many positive aspects and has allowed for increased productive capacity, ~~it is also generating some economic and social imbalances among workers and might foster a race to the bottom in working conditions, which is a matter of concern,~~ Amendment 9 # Philip BUSHILL-MATTHEWS, Anna IBRISAGIC, Thomas ULMER, Jacek PROTASIEWICZ Motion for a resolution Recital G G. whereas, subcontracting may also be carried out by pure manpower firms that sometimes operate as so-called letterbox companies, ~~which highlights the nature of the construction industry as a sector of rapidly changing, often fixed term employment relationships where the position of workers is often precarious,~~ source: PE-416.572

Amendments

Dossier

2008/2249(INI)

2008/12/12 EMPL 66 amendments...

Amendment 1 #

Marie PANAYOTOPOULOS-CASSIOTOU

Motion for a resolution
Citation 13 a (new)

– having regard to its resolution of 23 May 2007 on promoting decent work for all1,

Amendment 10 #

Jean Marie BEAUPUY

Motion for a resolution
Recital G

G. whereas subcontracting may also be carried out by pure manpower firms that sometimes operate as so-called letterbox companies, ~~which highlights the nature of the construction industry as a sector of rapidly changing, often fixed term employment relationships where the position of workers is often precarious,~~

Amendment 11 #

Thomas MANN

Motion for a resolution
Recital G

Amendment 12 #

Elisabeth SCHROEDTER

Motion for a resolution
Recital G

G. whereas subcontracting may also be carried out by pure manpower firms that sometimes operate as so-called letterbox companies, ~~which~~and whereas in many cases only a single contract is awarded or workers are hired only for that specific purpose; whereas this highlights the nature of the construction industry as a sector of rapidly changing, often fixed term employment relationships where the position of workers is often precarious,

Amendment 13 #

Lasse LEHTINEN

Motion for a resolution
Recital G

G. whereas subcontracting may also be carried out by pure ~~manpower firms~~intermediaries, manpower firms or temporary work agencies, for example, that sometimes operate as so-called letterbox companies, which highlights the rapidly changing nature of the construction industry a~~s a sector of rapidly changing, often fixed term employment relationships where the position of workers is~~nd other sectors in which employment relationships are often precarious,

Amendment 14 #

Philip BUSHILL-MATTHEWS, Anna IBRISAGIC, Thomas ULMER, Jacek PROTASIEWICZ

Motion for a resolution
Recital H

~~H. whereas, in a cross border context, the problems linked to this precarious position are emphasised when, for example, workers are posted to a third Member State,~~deleted

Amendment 15 #

Thomas MANN

Motion for a resolution
Recital H

~~H. whereas, in a cross border context, the problems linked to this precarious position are emphasized when, for example, workers are posted to a third Member State,~~deleted

Amendment 16 #

Philip BUSHILL-MATTHEWS, Anna IBRISAGIC, Thomas ULMER, Jacek PROTASIEWICZ

Motion for a resolution
Recital I

I. whereas ~~employment relations in the~~the externalisation of activities and/or labour forces through sub- construacti~~on sector have been redefined and, at the same time, have~~ng or employment agencies may reduced the direct social responsibility of the 'principal contractor', as labour has been externalised by the use of subcontractors and employment agencies, making the supply of cheap, often unskilled labour an integral part of lower level subcontractingcompanies, when used extensively,

Amendment 17 #

Jean Marie BEAUPUY

Motion for a resolution
Recital I

I. whereas employment relations in the construction sector have been redefined and, at the same time, have reduced the direct social responsibility of the 'principal contractor', as labour has been externalised by the use of subcontractors and employment agencies, making the supply of cheap, often unskilled labour an integral part of lower level subcontractingthe externalisation of activities or labour by the use of subcontractors and employment agencies is reducing the direct social responsibility of undertakings when it is used extensively,

Amendment 18 #

Elisabeth SCHROEDTER

Motion for a resolution
Recital J

J. whereas the construction sector has been especially vulnerable to abuses in its often complicated subcontracting chains, but whereas in other service sectors as well subcontracting chains are becoming a much more frequent phenomenon, giving rise to wage undercutting,

Amendment 19 #

Jean Marie BEAUPUY

Motion for a resolution
Recital J

J. whereas ~~the~~some sectors, in particular construction ~~sector~~, hasve been especially vulnerable to abuses in ~~its~~their often complicated subcontracting chains,

Amendment 2 #

Jan CREMERS

Motion for a resolution
Recital C a (new)

~~1 OJ C 102 Ε, 24.4.2008, p. 321.~~Ca. whereas the production process in several industries nowadays takes the form of a fragmented chain of production that has lengthened and broadened, a chain constituting a logistical chain (both horizontal and vertical), as well as a value-chain of an economic and productive nature with single specialities or tasks often ‘externalised’ to small firms or self-employed workers, and whereas the effect in company accounts is a substitution of direct labour costs by subcontracting, services or supplier costs based on invoices and ‘commercial contracts for services’, Or. en

Amendment 20 #

Philip BUSHILL-MATTHEWS, Anna IBRISAGIC, Thomas ULMER, Jacek PROTASIEWICZ

Motion for a resolution
Recital J

J. whereas, ~~the construction~~some sectors hasve been especially vulnerable to abuses in ~~its~~their often complicated subcontracting chains,

Amendment 21 #

Thomas MANN

Motion for a resolution
Recital J

J. whereas ~~the construction~~some sectors hasve been especially vulnerable to abuses in ~~its~~their often complicated subcontracting chains,

Amendment 22 #

Elisabeth SCHROEDTER

Motion for a resolution
Paragraph 1 a (new)

1a. Calls on the Commission and the Member States to ensure that the basic principle of equal pay for equal work in the same place applies to all employees, regardless of their status and the nature of their contracts;

Amendment 23 #

Philip BUSHILL-MATTHEWS, Anna IBRISAGIC, Thomas ULMER, Jacek PROTASIEWICZ