2013/2112(INI) | [ParlTrack]

Motion for a resolution
Citation 33 a (new)

– having regard to its resolution of 23 May 2013 on labour conditions and health and safety standards following the recent factory fires and building collapse in Bangladesh1, __________________ 1 P7_TA(2013)0230

Amendment 10 #

Motion for a resolution
Recital A b (new)

Ab. whereas labour inspections should also be carried out in partnership with businesses;

Amendment 100 #

Motion for a resolution
Paragraph 10 b (new)

10b. Expresses concern about the situation of seasonal workers in agriculture, most of whom are from third countries; believes that labour inspection in this sector is being stepped up; points out that much employment is a mixture of declared and undeclared work;

Amendment 101 #

Motion for a resolution
Paragraph 11

Amendment 102 #

Motion for a resolution
Paragraph 11

Amendment 103 #

Motion for a resolution
Paragraph 11

Amendment 104 #

Motion for a resolution
Paragraph 11

11. Points out that workers who provide domestic services are often undeclared or face a reduction in their rights compared to other workers, but that, in many cases, this situation lies outside the remit of the national inspection authorities; calls on Member States to ~~enable inspections to be carried out in private homes and to introduce effective sanctions~~ratify ILO Convention 189 and in line with this convention develop and implement measures for labour inspection, enforcement and penalties with due respect for the special characteristics of domestic work, in accordance with national laws and regulations. In so far as compatible with national laws and regulations, such measures should specify the conditions under which access to household premises may be granted, having due respect for privacy;

Amendment 105 #

Joanna Katarzyna SKRZYDLEWSKA, Danuta JAZŁOWIECKA

Motion for a resolution
Paragraph 11

11. Points out that workers who provide domestic services are often undeclared, but that, in many cases, this situation lies outside the remit of the national inspection authorities; calls on the Member States to ~~enable inspections to be carried out in private homes and to introduce effective sanctions;~~ ratify ILO Convention 189 and develop and implement measures for labour inspection, enforcement and penalties with due for the special characteristics of domestic work, in accordance with national laws and regulations. In compatibility with national laws and regulations, such measures should specify the conditions under which access to household premises may be granted, having due respect for privacy;

Amendment 106 #

Motion for a resolution
Paragraph 11 a (new)

11a. Draws attention to the specific situation of home workers and teleworkers who, in connection with their work at home or outside their employers’ place of work, can also be the subject of labour law abuses where employers fail to carry out their legal obligations towards them;

Amendment 107 #

Motion for a resolution
Paragraph 12

12. Deplores the ~~marked rise in the~~problematically high incidence of bogus self-employment, particularly in the construction sector; calls on Member States to introduce appropriate inspection measures to combat bogus self- employment, for example by laying down criteria to determine what constitutes employment;

Amendment 108 #

Motion for a resolution
Paragraph 12

12. Deplores the marked rise in the incidence of bogus self-employment, particularly in the construction sector, including under worker posting arrangements; calls on Member States to introduce appropriate inspection measures to combat bogus self- employment, for example by laying down criteria to determine what constitutes employment;

Amendment 109 #

Motion for a resolution
Paragraph 12

12. Deplores the marked rise in the incidence of bogus self-employment, particularly in the construction sector and in abattoirs; calls on Member States to introduce appropriate inspection measures to combat bogus self- employment, for example by laying down criteria to determine what constitutes employment; statutory presumptions should be introduced and the law should be simplified, or the burden of proof should be reversed, so as to make cases of bogus self-employment easier to prove;

Amendment 11 #

Motion for a resolution
Recital A b (new)

Ab. whereas, through contracting and sub-contracting, recourse to external providers and the worldwide relocation of subordinate production processes, companies are delegating to other entities, and in most cases to weaker ones, their responsibility and liability for working conditions and workplace safety and health protection throughout regional, national, European and international output chains;

Amendment 110 #

Motion for a resolution
Paragraph 12

Amendment 111 #

Motion for a resolution
Paragraph 12

12. Deplores the marked rise in the incidence of bogus self-employment, particularly in the construction sector; calls on Member States to introduce appropriate inspection measures to combat bogus self- employment, for example by laying down criteria to determine what constitutes employment; states that, with a view to preventing bogus self-employment, it should be made possible for Member States to introduce more far-reaching requirements or control measures;

Amendment 112 #

Motion for a resolution
Paragraph 12

12. Deplores the marked rise in the incidence of bogus self-employment, particularly in the construction sector; calls on Member States to introduce appropriate inspection measures to combat bogus self- employment, for example by laying down criteria to determine what constitutes employment; calls on the Commission and the Member States to speed up implementation of REACH, in particular the substitution of the most worrying chemicals; considers that work-related diseases should be taken into account in the prioritisation of these substances;

Amendment 113 #

Motion for a resolution
Paragraph 12 a (new)

12a. Underlines that particular attention should be paid to the transport sector which due to its mobile character may pose additional challenges for labour inspectorates; calls for labour inspectorates to be adequately equipped in order to undertake effective inspections of this sector;

Amendment 114 #

Motion for a resolution
Paragraph 12 a (new)

12a. Takes the view that the emerging green jobs sector requires specific attention; calls for environmental impact assessments and studies to be conducted into the toxicity of eco-materials and the working conditions of people working with equipment used for the production of renewable energy (manufacture, use, maintenance and recycling);

Amendment 115 #

Motion for a resolution
Paragraph 13

13. Calls on the national labour inspectorates or other relevant authority, such as the police or tax authorities, to draw up action plans to combat undeclared work, covering all forms of abuse in relation to employment and self- employment;

Amendment 116 #

Motion for a resolution
Paragraph 13

13. Calls on the national labour inspectorates to draw up action plans to combat undeclared work, covering all forms of abuse in relation to employment and self-employment; underlines that undeclared work, if not properly dealt with, threatens to undermine the EU´s ability to meet its employment targets for more and better jobs and stronger growth;

Amendment 117 #

Motion for a resolution
Paragraph 13 a (new)

13a. Expresses great concern for the extreme vulnerability of migrant workers with irregular or unauthorized status for being exploited in undeclared work of low standards, low wages and long working hours in unsafe working environments;

Amendment 118 #

Motion for a resolution
Paragraph 14

~~14. Considers that national programmes for the further training of labour inspectors should include specific modules on undeclared work and on related topics such as migration and human trafficking;~~deleted

Amendment 119 #

Motion for a resolution
Paragraph 14

14. Considers that ~~nation~~all programmes for ~~the further~~education and training of labour inspectors should include specific modules on ~~undeclared work and on related topics such as migration and human trafficking~~the most common circumvention strategies as well as on undeclared work and on related topics such as human trafficking; underlines that any cooperation between labour inspectors and immigration authorities should be limited to identifying abusive employers and not give rise to sanctions against/ expulsion of the migrant workers themselves, which actually undermines efforts to address undeclared work;

Amendment 12 #

Motion for a resolution
Recital A c (new)

Ac. whereas labour inspections should be stepped up at SMEs and small construction sites;

Amendment 120 #

Motion for a resolution
Paragraph 14

14. Considers that national programmes for the further training of labour inspectors should, where national labour inspectorates are responsible for dealing with such questions, include specific modules on undeclared work and on related topics such as migration and human trafficking;

Amendment 121 #

Motion for a resolution
Paragraph 14

14. Considers that national programmes for the further training of labour inspectors should include specific modules on undeclared work and on related topics such as migration and human trafficking; as there is a strong connection of trafficking and migration in particular, with undeclared work;

Amendment 122 #

Motion for a resolution
Paragraph 14

14. Considers that national programmes for the further training of labour inspectors should include specific modules on undeclared work and on related topics such as migration and human trafficking; considers that the first concern should be to protect the people affected and that those profiting from exploitation should be held to account;

Amendment 123 #

Motion for a resolution
Paragraph 14

14. Considers that national programmes for the further training of labour inspectors should include specific modules on undeclared work and on related topics such as migration and human trafficking and the posting of workers, as well as language modules;

Amendment 124 #

Motion for a resolution
Paragraph 14 a (new)

14a. Considers that penalties will be effective only if employers cannot gain from employing undeclared workers because in doing so they would stand to lose substantially more than the cost of taking on registered employees;

Amendment 125 #

Motion for a resolution
Paragraph 15

Amendment 126 #

Motion for a resolution
Paragraph 15

15. Recognises that there is a growing trend towards self-employment, outsourcing und subcontracting; considers that systems of general contractor liability ~~for the entire subcontracting chain~~could constitute a useful tool for improved monitoring of public procurement~~, and that they should be introduced in all Member States~~;

Amendment 127 #

Motion for a resolution
Paragraph 15

Amendment 128 #

Motion for a resolution
Paragraph 15

Amendment 129 #

Motion for a resolution
Paragraph 15

15. Recognises that there is a growing trend towards self-employment, outsourcing und subcontracting; considers that systems of general contractor liability for ~~the entire~~ subcontract~~ing chain~~ors constitute a useful tool for improved monitoring of public procurement, and that they should be introduced in all Member States;

Amendment 13 #

Motion for a resolution
Recital A c (new)

Ac. whereas the responsibility of multinational companies for the working conditions, livelihood and health of the workers who produce goods and provide services does not end at the shop door or the factory gate, nor can it be guaranteed by CSR agreements alone;

Amendment 130 #

Motion for a resolution
Paragraph 15

Amendment 131 #

Motion for a resolution
Paragraph 15

Amendment 132 #

Motion for a resolution
Paragraph 15

Amendment 133 #

Motion for a resolution
Paragraph 15

15. Recognises that there is a growing trend towards self-employment, outsourcing und subcontracting which may lead into an increase of precarious jobs and into further deterioration of already low protection levels for undeclared workers; warns that such negative developments will certainly necessitate further effort as well as targeted training of labour inspectorates on how to monitor, prevent and react against undeclared work; considers that systems of general contractor liability for the entire subcontracting chain constitute a useful tool for improved monitoring of public procurement, and that they should be introduced in all Member States;

Amendment 134 #

Motion for a resolution
Paragraph 15

15. Recognises that there is a growing trend towards self-employment, outsourcing und subcontracting; considers that systems of general contractor liability for the entire subcontracting chain constitute a useful tool for improved monitoring of public procurement, and that they should be introduced in all Member States; considers further that fraud involving sub-contracting, letter-box companies, bogus self-employment, bogus posting and contract labour should not be financially worthwhile, and that the incentive to engage in it will be removed, and a deterrent effect achieved, by making it easier to prove and/or reversing the burden of proof and by relying on statutory presumptions;

Amendment 135 #

Motion for a resolution
Paragraph 16

16. Highlights attention to the problem of implementing workplace health and safety rules in the case of employees doing undeclared work; stresses that the right to health and safety protection in the workplace applies ~~irrespective of the~~to every employee’s or self-employed person~~’s status~~, and that improved implementation of the Member States’ existing rules will give substance to that right;

Amendment 136 #

Motion for a resolution
Paragraph 16

16. Highlights attention to the problem of implementing workplace health and safety rules in the case of employees doing undeclared work; stresses that the right to health and safety protection in the workplace applies irrespective of the employee’s or self-employed person’s status and that improved implementation of the existing rules will give substance to that right; suggests that Member States look into the possibility of introducing compulsory medicals for all workers, conducted free of charge once a year or once per contract, in order to give them basic protection;

Amendment 137 #

Motion for a resolution
Paragraph 17

17. ~~Calls for~~Advocates stiffer penalties for companies that fail to meet their obligations in relation to employees’ basic rights, and considers that such penalties must have a sufficiently deterrent effect to ensure that employers and employees cannot gain from circumventing the existing rules on employment and health protection;

Amendment 138 #

Motion for a resolution
Paragraph 17

17. Calls for ~~stiffer~~effective and dissuasive penalties for companies that fail to meet their obligations in relation to employees' ~~basic~~ rights, and considers that such penalties must have a sufficiently deterrent and dissuasive effect to ensure that employers ~~cannot gain~~shall by now means profit from circumventing the existing rules on employment and health protection; calls on Member States to consider in their sanction-setting systems to make the level of fine proportionate to both the level and damage and ensure that it is above the profit gained from the circumvention;

Amendment 139 #

Motion for a resolution
Paragraph 17

17. Calls for better guidance by national labour inspectorates in relation to employees' basic rights, stiffer penalties for companies that fail to meet their obligations in relation to ~~employees' basic~~these rights, and considers that such penalties must have a sufficiently deterrent effect to ensure that employers cannot gain from circumventing the existing rules on employment and health protection;

Amendment 14 #

Motion for a resolution
Recital B

B. whereas undeclared work has negative consequences for Member States’ economies and for the financial sustainability of the European social model, and undermines the funding and provision of social benefits and public services;(Does not affect English version.)

Amendment 140 #

Motion for a resolution
Paragraph 17 a (new)

17a. Points out that the Europe 2020 Strategy draws attention to the need for more women on the labour market, and considers that workplace inspectors should have a knowledge of the working conditions of both women and men;

Amendment 141 #

Motion for a resolution
Paragraph 17 a (new)

17a. Calls for these penalties to also apply to companies found to be blacklisting workers for their trade union or health and safety representative activities;

Amendment 142 #

Motion for a resolution
Paragraph 17 a (new)

17a. Calls for national trade supervisory authorities to be supported in implementing an efficient system of labour protection at company level, especially in small and medium-sized enterprises; urges that inspections be more closely geared to identifying practical, feasible solutions to workplace health and safety shortcomings;

Amendment 143 #

Motion for a resolution
Paragraph 17 a (new)

17a. Calls on labour inspections to intensify well- targeted prevention and public education measures to increase the awareness of the importance of health and safety rules and procedures among citizens;

Amendment 144 #

Motion for a resolution
Paragraph 17 b (new)

17b. Takes the view that the Commission’s Advisory Committee on Safety and Health at Work should be regularly updated on developments in the Member States in the field of labour inspectorates and health and safety at work;

Amendment 145 #

Motion for a resolution
Paragraph 17 c (new)

17c. Takes the view that these health and safety aspects should also be taken into account in the forthcoming EU strategy on safety and health at work;

Amendment 146 #

Motion for a resolution
Paragraph 18

18. Considers effective cooperation between national authorities and the social partners to be important in the effort to end social dumping and ensure that competition in the single market is fair; welcomes the Commission's initiative to create a European Platform for labour inspectors;

Amendment 147 #

Motion for a resolution
Paragraph 18

18. Considers effective cooperation between national authorities to be important in the effort to end social dumping and ensure that competition in the single market is fair; calls for collaborative action at the EU level, starting with exchange of good practices and know how, as well as sharing of data from national registries; welcomes the Commission's initiative to create a European Platform for labour inspectors;

Amendment 148 #

Motion for a resolution
Paragraph 18

18. Considers effective cooperation between national authorities to be important in the effort to end social dumping and ensure that competition in the single market is fair; welcomes the Commission’s initiative to create a European Platform for labour inspectors; endorses the useful work which the Senior Labour Inspectors’ Committee (SLIC) is doing to bring national cultures closer together; calls for the committee’s resources and powers to be strengthened; calls for closer cooperation between the SLIC and the Luxembourg Advisory Committee;

Amendment 149 #

Motion for a resolution
Paragraph 18

18. Considers effective cooperation between national authorities to be important in the effort to end social dumping and ensure that competition in the single market is fair; welcomes the Commission's initiative to create a European Platform for labour inspectors; in this regard calls on the Commission to establish the European Platform for labour inspectors on undeclared work within the European Foundation for the Improvement of Living and Working Conditions (Eurofound) as an additional task of the Agency, with a remit to organise the work of the Platform and facilitate exchange of experience and good practice, providing up-to-date, objective, reliable and comparative information, as well as enhancing cross- border cooperation;

Amendment 15 #

Motion for a resolution
Recital B

B. whereas undeclared work has negative consequences for Member States’ economies and for the financial sustainability of the European social model, ~~and~~ undermines the funding and provision of social benefits and public services, and imposes insecurity, vulnerability and poverty on the people concerned, both while they are working and in their old age;

Amendment 150 #

Motion for a resolution
Paragraph 19

Amendment 151 #

Motion for a resolution
Paragraph 19

19. Calls on the Commission to introduce a European Agency for cross-border matters concerning the abuse of employment protection rules and undeclared work, with a remit including inter alia the identification of letter-box companies, the control of transnational service providers, the introduction of further-training programmes, the identification of new ways of circumventing the rules, and the oganisation of cross-border controlenable already existing and successful EU agencies, such as the European Foundation for the Improvement of Living and Working Conditions, to identify and keep a record of letter-box companies and similar operations;

Amendment 152 #

Emer COSTELLO

Motion for a resolution
Paragraph 19

19. Calls on the Commission to ~~introduce~~establish a European ~~Agency for cross-border matters concerning the abuse of employment protection rules and~~Platform for labour inspectors on undeclared work, with a remit including inter alia the identification of letter-box companies, the control of transnational service providers, the introduction of further-training programmes, the identification of new ways of circumventing the rules, and the organisation ofin the European Foundation for the Improvement of Living and Working Conditions (Eurofound) as an additional task of the Agency, with a remit to organise the work of the Platform and facilitate exchange of experience and good practice, providing up-to-date, objective, reliable and comparative information, as well as enhancing cross-border co~~ntrols~~operation;

Amendment 153 #

Motion for a resolution
Paragraph 19

19. Call~~s on~~ for the Commission ~~to introduce a European Agency for cross-border matters concerning~~, in co- operation with social partners and the relevant national authorities to develop effective tools for the combatting of the abuse of employment protection rules and undeclared work, with a remit including inter alia the identification of letter-box companies, the control of transnational service providers, the introduction of further-training programmes, the identification of new ways of circumventing the rules, and the organisation of cross-border controls; and to consider whether there is added value in an EU Agency responsible for such matters;

Amendment 154 #

Jelko KACIN, Phil BENNION, Nadja HIRSCH

Motion for a resolution
Paragraph 19

19. Calls on the Commission to ~~introduce a European Agency for~~coordinate and facilitate cooperation between Member States on cross-border matters concerning the abuse of employment protection rules and undeclared work, ~~with a remit~~ including inter alia the identification of letter-box companies, the control of transnational service providers, the introduction of further-training programmes, the identification of new ways of circumventing the rules, and the organisation of cross-border controls;

Amendment 155 #

Motion for a resolution
Paragraph 19

19. Calls on the Commission to ~~introduce a European Agency~~set up a special department for cross-border matters concerning the abuse of employment protection rules and undeclared work, with a remit including inter alia the identification of letter-box companies, the control of transnational ~~service provider~~activities, the introduction of further- training programmes, the identification of new ways of circumventing the rules, and the oganisation of cross-border controls;

Amendment 156 #

Motion for a resolution
Paragraph 19

19. Calls on the Commission to ~~introduce a European Agency f~~devote adequate human resources to monitor cross-border matters concerning the abuse of employment protection rules and undeclared work, ~~with a remit including inter alia the identification of letter-box companies, the control of transnational service providers, the introduction of further-training programmes, the identification of~~to develop further- training programmes for inspectorates and to identify new ways of circumventing the rules, and ~~the organisation of cross-border controls~~come up with measures to support Member States in tackling undeclared work;

Amendment 157 #

Motion for a resolution
Paragraph 19

19. Calls on the Commission to introduce a European Agency for cross-border matters concerning the abuse of employment protection rules and undeclared work, with a remit including inter alia the identification of letter-box companies, the control of transnational service providers, the introduction of EU-wide further- training programmes that address challenges such as bogus self- employment, new types of employment risk and posting, the identification of new ways of circumventing the rules, and the organisation of cross-border controls;

Amendment 158 #

Motion for a resolution
Paragraph 19

19. Calls on the Commission, without prejudice to the principle of subsidiarity, to introduce a European Agency for cross- border matters concerning the abuse of employment protection rules and undeclared work, with a remit including inter alia the identification of letter-box companies, the control of transnational service providers, the introduction of further-training programmes, the identification of new ways of circumventing the rules, and the organisation of cross-border controls;

Amendment 159 #

Motion for a resolution
Paragraph 19

19. Calls on the Commission to introduce a European Agency for cross-border matters concerning the abuse of employment protection rules and undeclared work, with a remit including inter alia the identification of letter-box companies, the control of transnational service providers, the introduction of further-training programmes, the identification of new ways of circumventing the rules~~, and~~ the organisation of cross-border controls; recommends in addition, occasional joint cross-border inspections between national inspectorates, particularly in areas closed to borders zones;

Amendment 16 #

Motion for a resolution
Recital B a (new)

Ba. whereas labour inspectors are essential for the protection of workers’ rights, the prevention of abuses and the promotion of economic and social development;

Amendment 160 #

Motion for a resolution
Paragraph 19 a (new)

19a. Calls on the Commission to set up a European platform for labour inspectors, focusing on undeclared work, inside the European Foundation for the Improvement of Living and Working Conditions (Eurofound), as an additional task for that agency, with a view to facilitating exchanges of experience and best practice by supplying objective, reliable and comparable data that are updated on a regular basis and to improving cross-border cooperation aimed, in particular, at identifying and supervising ‘letter-box’ service firms;

Amendment 161 #

Motion for a resolution
Paragraph 20

20. Calls on the Commission to introduce a forgery-proof European social security card, on which would be stored all the data needed to verify the bearer's employment relationship, including details of social security cover and working hours, for example, and whichand the Member States to explore in the context of social security coordination the options to ensure that mobile workers carry proof of their formal employment and social security status so as to facilitate the verification of their status; stresses that any such document would be subject to strict data-protection rules;

Amendment 162 #

Motion for a resolution
Paragraph 20

20. Calls on the Commission to investigate the benefit of introduceing a forgery-proof European social security card, on which would be stored all the data needed to verify the bearer’s employment relationship, including details of social security cover and working hours, for example, and which would be subject to strict data-protection rules;

Amendment 163 #

Motion for a resolution
Paragraph 20

20. Calls on the Commission to ~~introduce~~consider introducing, after a thorough impact assessment, a forgery-proof European social security card, onr another EU wide identity document which would be stored all the data needed to verify the bearer's employment relationship, including details of social security ~~cover~~status and working hours, for example, and which would be subject to strict data-protection rules;

Amendment 164 #

Motion for a resolution
Paragraph 20

20. Calls on the Commission to ~~introduc~~make available a forgery-proof European social security card, on which would be stored all the data needed to verify the bearer's employment relationship, including details of social security cover and working hours, for example, and which would be subject to strict data-protection rules;

Amendment 165 #

Motion for a resolution
Paragraph 20

20. Calls on the Commission to introduce a forgery-proof European social security card, on which would be stored all the data needed to verify the bearer’s employment relationship, including details of social security cover and working hours, for example, and which would be subject to strict data-protection rules, particularly where privacy-sensitive personal data is processed; therefore stresses the importance, before and during the whole process of developing such a card, of carefully examining its impact on privacy;

Amendment 166 #

Motion for a resolution
Paragraph 21

21. Calls on the Commission to introduce a European early-warning system, for signalling breaches of employment protection rules and cases of undeclared work, which would promote the rapid exchange of information between Member States and would be accompanied by a blacklist so that abuses by employers could be nipped in the bud; points out that such an early-warning system could be modelled on the existing European consumer-protection early- warning system (RAPEX);deleted

Amendment 167 #

Motion for a resolution
Paragraph 21

21. Calls on the Commission to ~~introduce~~carry out a pilot project for a European early-warning system~~, for~~ aimed at signalling breaches of employment protection rules and cases of undeclared work, which would promote the rapid exchange of information between Member States and would be accompanied by a blacklist so that ~~abus~~breaches byof employ~~ers could be~~ment protection rules could be more effectively nipped in the bud; points out that such an early-warning system could be modelled on the existing European consumer- protection early- warning system (RAPEX);

Amendment 168 #

Motion for a resolution
Paragraph 21

21. Calls on the Commission to investigate the benefit of introduceing a European early-warning system, for signalling breaches of employment protection rules and cases of undeclared work, which would promote the rapid exchange of information between Member States and would be accompanied by a blacklist so that abuses by employers could be nipped in the bud; points out that such an early- warning system could be modelled on the existing European consumer- protection early-warning system (RAPEX);

Amendment 169 #

Motion for a resolution
Paragraph 21

21. Calls on the Commission to assess the introducetion of a European early-warning system, for signalling breaches of employment protection rules and cases of undeclared work, which would promote the rapid exchange of information between Member States and would be accompanied by a blacklist so that abuses by employers could be nipped in the bud; points out that such an early-warning system could be modelled on the existing European consumer- protection early-warning system (RAPEX);

Amendment 17 #

Motion for a resolution
Recital B a (new)

Ba. whereas an effect of the economic crisis has been to increase workloads and place workers under additional pressure, especially through changes in working hours, and whereas efforts to monitor working conditions must therefore be stepped up;

Amendment 170 #

Motion for a resolution
Paragraph 21

Amendment 171 #

Motion for a resolution
Paragraph 22

~~22. Considers that a European database on illegal employment can offer significant European added value in the effort to combat undeclared work;~~deleted

Amendment 172 #

Motion for a resolution
Paragraph 22

~~22. Considers that a European database on illegal employment can offer significant European added value in the effort to combat undeclared work;~~deleted

Amendment 173 #

Motion for a resolution
Paragraph 22

22. Considers that ~~a European database~~increased cooperation and sharing of information between Member States on illegal employment can offer significant European added value in the effort to combat undeclared work;

Amendment 174 #

Motion for a resolution
Paragraph 22

22. Considers that a European database on illegal employment will improve coordination, between labour inspectorates from different countries, and can offer significant European added value in the effort to combat undeclared work;

Amendment 175 #

Motion for a resolution
Paragraph 22

22. Considers that a European database on illegal employment can offer significant European added value in the effort to combat undeclared work; emphasises that such a database would usefully underpin EU legal initiatives on undeclared employment and would enable Member States to exchange examples of best practice in combating undeclared work;

Amendment 176 #

Motion for a resolution
Paragraph 23

23. Points out that the right of national inspection authorities to carry out inspections within non-national companies has hitherto been severely restricted; ~~calls for A1 posting certificates to be entered in an EU-wide register in order to facilitate the control at national level of employment relationships among posted workers;~~

Amendment 177 #

Motion for a resolution
Paragraph 23

23. Points out that the right of national inspection authorities to carry out inspections within non-national companies has hitherto been severely restricted; calls for A1 posting certificates to be entered in an EU-wide registerstresses the importance of creating a level playing field of all companies regardless of their place of establishment also as regards labour inspections. calls on the Commission and the Member states to ensure that labour inspections can fully make use of their right to non- discriminatory independent inspections regardless of the place of establishment of the company; Points out that the right of national inspection authorities to carry out inspections within non-national companies has in certain cross-border situations been severely restricted and that this has both endangered the protection of the worker and the fairness on the internal market; calls for A1 forms not to be retroactive and to consider to develop registration systems in order to facilitate the control at national level ~~of employment relationships among posted workers~~;

Amendment 178 #

Motion for a resolution
Paragraph 23

23. Points out that the right of national inspection authorities to carry out inspections within non-national companies has hitherto been severely restricted; calls for A1employee posting ~~certificates~~information to be entered in a~~n EU-wide~~ register available to authorities throughout the EU in order to facilitate the control at national level of employment relationships among posted workers;

Amendment 179 #

Motion for a resolution
Paragraph 23

23. Points out that the right of national inspection authorities to carry out inspections within non-national companies has hitherto been severely restricted and should be expanded; calls for A1 posting certificates to be entered in an EU-wide register - which should complement existing national registers - in order to facilitate the control at national level of employment relationships among posted workers;

Amendment 18 #

Motion for a resolution
Recital B a (new)

Ba. whereas the outsourcing of work through subcontracting and temporary agency work often involves less skilled labour and looser employment relationships, which makes it more difficult to determine who has responsibility for occupational health and safety (OHS);

Amendment 180 #

Motion for a resolution
Paragraph 23

23. Points out that the right of national inspection authorities to carry out inspections within non-national companies has hitherto been severely restricted; calls for A1 posting certificates to be entered in an EU-wide register in order to facilitate the control at national level of employment relationships among posted workers; states that, in this connection, more efficient cross-border exchange of information between the various competent authorities is of major importance;

Amendment 181 #

Motion for a resolution
Paragraph 23

23. Points out that the right of national inspection authorities to carry out inspections within non-national companies has hitherto been severely restricted; calls for A1 posting certificates to be entered in an EU-wide register in order to facilitate the control at national level of employment relationships among posted workers on a multilingual basis;

Amendment 182 #

Motion for a resolution
Paragraph 23 a (new)

23a. Points out, in connection with the directive on the enforcement of the directive on the posting of workers, that documents must be translated, irrespective of their length, where this is called for during an inspection;

Amendment 183 #

Motion for a resolution
Paragraph 24

Amendment 184 #

Motion for a resolution
Paragraph 24

Amendment 185 #

Motion for a resolution
Paragraph 24

Amendment 186 #

Motion for a resolution
Paragraph 24

24. Highlights the lack of emphasis, in existing social security and employment directives, on improved implementation and on the role of labour inspectorates; considers that the existing directives need to be thoroughly reviewed and revised where necessary and that the matter of enforcement has to be better addressed in European labour law; welcomes in this context that the Commission proposed minimum standards of inspection in directives relating to certain groups of workers; calls on the Commission and the Member States to follow up on this by fundamentally improving enforcement of rights also by equipping labour inspections with sufficient resources; stresses the role of labour inspectorates needs to be taken account in social security and employment related matters in such a way as to afford effective protection;

Amendment 187 #

Motion for a resolution
Paragraph 24

24. Highlights the lack of emphasis, in existing social security and employment directives, on improved implementation and on the role of labour inspectorates; considers that the existing directives need to be thoroughly reviewed and revised where necessary and that the role of labour inspectorates needs to be taken account in social security and employment related matters in such a way as to afford effective protection and to promote the voluntary introduction of higher labour standards by companies through the establishment of a system of free-of-charge ‘social labels’ that are recognised at national or EU level;

Amendment 188 #

Motion for a resolution
Paragraph 24 a (new)

24a. Points out that, in some Member States, children under 14 years of age have jobs; considers that the role of labour inspectors must be strengthened and that campaigns against child labour must be stepped up; calls on the Commission to put in place specific EU- level control and monitoring campaigns focusing on children’s, and especially young migrants’, working conditions;

Amendment 189 #

Motion for a resolution
Paragraph 24 a (new)

24a. Calls on the Commission and the Member States to ensure that procedural rights and enforcement rights such as given in the proposal for a directive on "Measures on facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers" are available to all workers;

Amendment 19 #

Motion for a resolution
Recital B b (new)

Bb. whereas new types of employment relationship, which are increasingly hard to provide for under the existing regulations, continue to emerge;

Amendment 190 #

Motion for a resolution
Paragraph 25

25. Criticises the Commission's suggestion, in relation to the directive on the enforcement of the Posting of Workers Directive, for closed lists of measures restricting national powers of inspection; considers it important that national labour inspectorates should be able to conduct inspections in every case where they deem it needful to do so;deleted

Amendment 191 #

Motion for a resolution
Paragraph 25

Amendment 192 #

Motion for a resolution
Paragraph 25

Amendment 193 #

Motion for a resolution
Paragraph 25

25. C~~riticises the Commission’s suggestion~~onsiders it important, in relation to the directive on the enforcement of the Posting of Workers Directive, ~~for closed lists of measures restricting national powers of inspection; considers it important~~ that national labour inspectorates should be able to conduct inspections in every case where they deem it needful to do so;

Amendment 194 #

Motion for a resolution
Paragraph 25

Amendment 195 #

Motion for a resolution
Paragraph 25

25. Criticises the Commission’s suggestion, in relation to the directive on the enforcement of the Posting of Workers Directive, for closed lists of measures restricting national powers of inspection; considers it important that national labour inspectorates should be able to conduct inspections in every case where they deem it needful to do so; observes that the Member States must ensure that effective checks and monitoring mechanisms are introduced in their territory in order to control and monitor compliance with the provisions and rules laid down in the enforcement directive;

Amendment 196 #

Motion for a resolution
Paragraph 26

26. Calls on the Commission to propose a directive providing for the comprehensive control of employment agencies, whereby such companies will be subject to certification and to a requirement of central reporting of their activities;deleted

Amendment 197 #

Motion for a resolution
Paragraph 26

Amendment 198 #

Motion for a resolution
Paragraph 26

Amendment 199 #

Motion for a resolution
Paragraph 26

26. Calls on the Commission to ~~propose a directive providing for the comprehensive control of employment agencies, whereby such companies will be subject to certification and to a requirement of central reporting of~~design and provide Member States with best practice guidance and facilitate the cooperation and exchange of information between them so they could more effectively scrutinize and control their activities of employment agencies;

Amendment 2 #

Motion for a resolution
Recital A

A. whereas labour inspection plays an important role in protecting employees’ rights, preventing ~~abusive practices on the part of employer~~breaches of employment protection rules and promoting fair and socially responsible economic growth inasmuch as it helps to ensure that wages are actually paid and social security contributions are made, thus increasing tax revenue and the inflow of money to social security systems;

Amendment 20 #

Motion for a resolution
Recital C

C. whereas illicitly employed workers suffer from secondary negative consequences such as the lack of access to information, occupational health services, training, the psychological constraints of having an accident or being caught, which in return affects the productivity of companies and the economy as a whole;

Amendment 200 #

Motion for a resolution
Paragraph 26

26. Calls on the ~~Commission to propose a directive providing for~~Member States to increase the comprehensive control of employment agencies, ~~whereby~~and consider measures so that such companies ~~will~~could be subject to certification and ~~to a requirement of central reporting of their activitie~~reporting obligations;

Amendment 201 #

Motion for a resolution
Paragraph 26

26. Calls on the Commission to propose a directive providing for the comprehensive control of ~~employ~~recruitment agencies, whereby such companies will be subject to certification and to a requirement of central reporting of their activities;

Amendment 202 #

Motion for a resolution
Paragraph 26 a (new)

26a. Calls on the Commission to propose a directive protecting people who legitimately draw attention to and investigate unacknowledged risks in an enterprise;

Amendment 203 #

Motion for a resolution
Paragraph 27

~~27. Calls on the Commission, without prejudice to the principle of subsidiarity, to propose a directive underpinning the role of labour inspectors and laying down European labour-inspection standards;~~deleted

Amendment 204 #

Motion for a resolution
Paragraph 27

Amendment 205 #

Motion for a resolution
Paragraph 27

27. ~~Calls on the Commission, without prejudice to the principle of subsidiarity, to propose a directive underpinning the role of labour inspectors and laying down European labour-insp~~stresses that labour inspections are at the full responsibility of the Member State; stresses that the European Commission should refrain from restricting labour inspections by any means; stresses that where necessary it might be adequate to add to European legislation a safeguard clause or reference to this national competence and its importance for the European Single Market both in terms of workers protection stand~~ards~~ fair competition;

Amendment 206 #

Jelko KACIN, Phil BENNION, Nadja HIRSCH

Motion for a resolution
Paragraph 27

27. Calls on the Commission, without prejudice to the principle of subsidiarity, to propose ~~a directive~~guiding principles underpinning the role of labour inspectors and laying down European labour-inspection standards;

Amendment 207 #

Motion for a resolution
Paragraph 27

27. Calls on the Commission, without prejudice to the principle of subsidiarity, to propose a directive underpinning the role of labour inspectors and laying down European labour-inspection standards and uniform training requirements in this area;

Amendment 208 #

Motion for a resolution
Paragraph 27

Amendment 209 #

Motion for a resolution
Paragraph 27 a (new)

27a. Calls on Member States, under mutual recognition arrangements, to deploy national labour inspectors with the requisite authorisation to conduct cross- border inspections in factories, building sites etc. unannounced; calls on the Member States and the Commission to consider whether EU labour inspectors should be appointed to carry out such tasks instead of, in conjunction with or in addition to the national inspectors; calls on Member States to extend the powers of national labour inspectors in the country where a given company has its headquarters, or its European headquarters, so that they can inspect its entire output chain;

Amendment 21 #

Motion for a resolution
Recital C

C. whereas illicitly employed workers suffer from secondary negative consequences such as the lack of access to training, the psychological constraints of having an accident or being caught, which in return affects the productivity of companies and the economy as a whole as well as from long- term consequences such as lack of right to old- age pension or very low pension benefits leading to a higher poverty risk;

Amendment 210 #

Motion for a resolution
Paragraph 28

28. Points out that competition policy is implemented at European level; considers that, by the same token, measures to combat social dumping should be included in the EU treaties with provision for the Commission to implement them; considers that the Commission’s powers in this regard should extend, as they do in the field of competition law, to the imposition of penalties on non-compliant companies;deleted

Amendment 211 #

Motion for a resolution
Paragraph 28

28. Points out that competition policy is implemented at European level; considers that, by the same token, measures to combat social dumping should be included in the EU treaties with provision for the Commission to implement them; considers that the Commission's powers in this regard should extend, as they do in the field of competition law, to the imposition of penalties on non-compliant companies;deleted

Amendment 212 #

Motion for a resolution
Paragraph 28

Amendment 213 #

Motion for a resolution
Paragraph 28

Amendment 214 #

Motion for a resolution
Paragraph 28

28. Points out that competition policy is implemented at European level; considers that, by the same token, measures to combat social dumping should be included in the EU treaties with provision for the Commission to implement them; considers that the Commission's powers in this regard should extend, as they do in the field of competition law, to the imposition of penalties on non-compliant compancircumvention of social and labour law should be included in the EU treaties;

Amendment 215 #

Motion for a resolution
Paragraph 28

28. ~~Point~~Calls outn that competition policy is implemented at European level; considers that, by the same token, measures to combat social dumping should be included in the EU treaties with provision for the Commission to implement them; considers that the Commission's powers in this regard should extend, as they do in the field of competition law, to the imposition of penalties on non-compliant companiee Commission to identify ways to better tackle social dumping cases in the EU and to come up with appropriate instruments;

Amendment 216 #

Motion for a resolution
Paragraph 29

29. Considers it important that the Commission’s rules against social dumping should be enshrined in a binding legal instrument; deems it necessary to introduce an EU-level labour inspection system for implementing the Commission’s powers in this regard;deleted

Amendment 217 #

Motion for a resolution
Paragraph 29

Amendment 218 #

Motion for a resolution
Paragraph 29

Amendment 219 #

Motion for a resolution
Paragraph 29

Amendment 22 #

Motion for a resolution
Recital D

D. whereas undeclared work is responsible for distortions of competition in the single market because it allows certain ~~countries and~~ companies to compete unfairly against others;

Amendment 220 #

Motion for a resolution
Paragraph 29

29. Considers it important that the Commission's rules against social dumping should be enshrined in a binding legal instrument; deems it necessary to introduce an EU-level labour inspection system for implementing the Commission's powers in this regard;deleted

Amendment 221 #

Motion for a resolution
Paragraph 29

Amendment 23 #

Motion for a resolution
Recital D a (new)

Da. whereas the consolidation of a genuine common market is intrinsically linked to the elimination of all forms of social dumping;

Amendment 24 #

Motion for a resolution
Recital D a (new)

Da. whereas uninsured employment leads to unfair competition between insured and uninsured workers and thus to the further erosion of employment rights;

Amendment 25 #

Motion for a resolution
Recital E a (new)

Ea. whereas, in many Member States, the incidence of undeclared work is still on the increase, inter alia as a result of the crisis;

Amendment 26 #

Motion for a resolution
Recital Ε a (new)

Εa. whereas undeclared work has exceptionally adverse repercussions, resulting in an unequal distribution of the tax burden at the expense of those belonging to the world of paid employment; whereas drastic measures to contain the problem would have a favourable impact in terms of securing increased public revenue while ensuring socially just tax and pension arrangements and the effective or 'intelligent' distribution of social spending;

Amendment 27 #

Emer COSTELLO

Motion for a resolution
Recital E a (new)

Ea. whereas measures on whistleblowing are necessary to facilitate the detection of abuse and to ensure the protection of the whistleblower and whereas the EU and the Member States have a duty to fully protect whistleblowers;

Amendment 28 #

Motion for a resolution
Recital E a (new)

Ea. whereas risk prevention is key to reducing the rate of work-related accidents and sickness; whereas good occupational health and safety management has a positive effect at both national and European levels and for companies;

Amendment 29 #

Motion for a resolution
Recital E b (new)

Eb. whereas, to a greater or lesser degree, inspection systems lack the staff and funding necessary for conducting labour inspections effectively and, as a result, there is too little strategic human- resources planning for labour inspection authorities in the EU, their staff numbers are steadily declining in many countries and, at the same time, the inspectors’ work is becoming ever more complex;

Amendment 3 #

Motion for a resolution
Recital A

A. whereas labour inspection plays an important role in protecting employees' rights, insuring health and safety standards and combating unsafe working environments, in preventing abusive practices on the part of employers and promoting fair and socially responsible economic growth inasmuch as it helps to ensure that wages are actually paid and social security contributions are made, thus increasing tax revenue and the inflow of money to social security systems;

Amendment 30 #

Motion for a resolution
Recital Ε b (new)

Εb. whereas fragmentation of the employment market, combined with uncontrolled and unregulated expansion of flexible employment arrangements in certain Member States, is depressing pay levels substantially and thereby creating a situation likely to aggravate further the problem of undeclared work;

Amendment 31 #

Motion for a resolution
Recital E b (new)

Eb. whereas 168 000 European citizens die every year from work-related accidents or diseases and 7 million are injured in accidents1, __________________ 1 EU-OSHA

Amendment 32 #

Motion for a resolution
Recital E c (new)

Ec. whereas the sectors in which undeclared work is most prevalent are highly labour intensive ones, such as construction, security, cleaning and domestic services and residential and care services, characterised by insecure conditions of employment and remuneration;

Amendment 33 #

Motion for a resolution
Recital E d (new)

Ed. whereas unlawful employment is practised as a means of avoiding the payment of tax and social security contributions or otherwise circumventing laws and regulations;

Amendment 34 #

Motion for a resolution
Recital E e (new)

Ee. whereas undeclared work is bad for those who do it and also for other workers in terms of social security cover and earnings;

Amendment 35 #

Motion for a resolution
Recital E f (new)

Ef. whereas undeclared work is encouraged by the development of subcontracting chains and results in an increasing incidence of self-employment some of which is bogus;

Amendment 36 #

Motion for a resolution
Recital E g (new)

Eg. whereas there is a close connection between illegal immigration and undeclared work because people resident in Europe illegally are not allowed to take up normal employment and they are thus not covered by any protection system;

Amendment 37 #

Motion for a resolution
Recital E h (new)

Eh. whereas workers who do undeclared work have no social security, health or accident insurance and are thus at increased risk of personal financial loss;

Amendment 38 #

Motion for a resolution
Recital E i (new)

Ei. whereas labour inspection in respect of cross-border services and employment relationships is a matter of cross-border concern, and cross-border access to data is inadequate;

Amendment 39 #

Motion for a resolution
Recital E j (new)

Ej. whereas many workers doing undeclared work find themselves in that situation not of their own volition but because they have been coerced;

Amendment 4 #

Motion for a resolution
Recital A

A. whereas labour inspection plays an important role in protecting employees' rights, preventing abusive practices on the part of employers, increasing health and safety at the workplace and promoting fair and socially responsible economic growth inasmuch as it helps to ensure that wages are actually paid and social security contributions are made, thus increasing tax revenue and the inflow of money to social security systems;

Amendment 40 #

Ole CHRISTENSEN, Jutta STEINRUCK

Motion for a resolution
Paragraph 1

1. Highlights the fact that labour inspection is a public service task ~~which, in the absence of any equivalent body to do the job, should be carried out only by independent public servant~~and that it falls solely within the remit of the Member States;

Amendment 41 #

Motion for a resolution
Paragraph 1

1. Highlights the fact that labour inspection is a public service task which~~, in the absence of any equivalent body to do the job,~~ should be carried out only by independent public servants. This should not, however, preclude labour inspectors being assisted by representatives of the social partners;

Amendment 42 #

Motion for a resolution
Paragraph 1

1. Highlights the fact that labour inspection is a public service task which, in the absence of any equivalent body to do the job, should be carried out only by independent public ~~servant~~bodies;

Amendment 43 #

Motion for a resolution
Paragraph 1

1. Highlights the fact that labour inspection is a public service task which, in the absence of any equivalent body to do the job, should be carried out only by independent public ~~servant~~bodies;

Amendment 44 #

Motion for a resolution
Paragraph 1

1. Highlights the fact that labour inspection is a public service task which, in the absence of any equivalent body ~~to do the job, should be carried out only by independent public servant~~of independent nature and with sufficient resources to do the job, should be carried out by independent public servants; believes that the independence of prevention services vis-à-vis the employer must be guaranteed; considers, as far as occupational health is concerned, that monitoring, alerts, health expertise, and the provision of sound health-related advice can be handled only by independent health professionals; considers it regrettable that the management of occupational health services is still being carried out, in certain Member States, by employer associations, which act as both judge and jury, their general meetings being the real decision-taking bodies;

Amendment 45 #

Motion for a resolution
Paragraph 1 a (new)

1a. Stresses the importance of drawing up national action plans for the reorganisation or strengthening of labour inspection mechanisms and the financing thereof from the European Structural Funds in view of the added value of effective labour inspections in underpinning social cohesion and, in general, consolidating justice at the workplace;

Amendment 46 #

Motion for a resolution
Paragraph 1 a (new)

1a. Points out that labour inspectorates have a vital role to play in prevention and monitoring and also help to enhance expertise and information provision at company level; urges the Member States to increase the staffing levels of, and the resources available to, their labour inspectorates and to meet the target of one inspector for every 10 000 workers, as recommended by the ILO, as well as to impose more severe penalties on firms that fail to comply with their obligations concerning fundamental rights (salaries, working hours, and OHS); considers that the penalties in such cases must be effective, proportionate and dissuasive;

Amendment 47 #

Motion for a resolution
Paragraph 2

2. Points out that ~~all categories of worker, employed and self-employed and irrespective of their status, employment relationship or origin,~~national rules prescribe what work is carried out under an employment contract, what groups come under the responsibility of the ~~national~~ inspection authorities and ~~must enjoy~~how the aim of according them the same degree of protection is to be achieved;

Amendment 48 #

Motion for a resolution
Paragraph 2

2. Points out that all categories of worker, ~~employed and self-employed and~~ irrespective of their status, employment relationship or origin, come under the responsibility of the national inspection authorities and must enjoy the same degree of protection;

Amendment 49 #

Motion for a resolution
Paragraph 2

2. Points out that all categories of worker, employed and self-employed and irrespective of their status, employment relationship or origin, come under the responsibility of the national inspection authorities and must enjoy the same degree of protection;[Does not affect English version.]

Amendment 5 #

Motion for a resolution
Recital A

A. whereas labour inspection plays an important role in protecting employees’ rights, preventing abusive practices on the part of employers and promoting fair and socially responsible economic growth inasmuch as it helps to ensure that wages are actually paid and social security contributions are made, thus increasing tax revenue and the inflow of money to social security systems and ensuring that employees are covered for sickness, accidents at the work place, pensions, etc.;

Amendment 50 #

Motion for a resolution
Paragraph 2

Amendment 51 #

Motion for a resolution
Paragraph 2 a (new)

2a. Stresses the need to enhance the role of national labour inspectorates, provide training for their senior staff and coordinate their responsibilities so as to meet successfully the new inspection challenges arising partly from developments in the field of industrial relations;

Amendment 52 #

Motion for a resolution
Paragraph 3

3. Considers that labour inspection can be effective only if the relevant authorities are adequately funded and have enough staff; voices its concern at the understaffing of Member States’ inspection authorities; points out that labour inspectors play a vital role in verifying the implementation of the legislation in force and, thereby, in prevention, in particular by ascertaining whether decent working conditions are provided for vulnerable categories of workers and workers in occupations in which undeclared work tends to occur; encourages the Member States to strengthen penalties for companies that fail to comply with their obligations concerning fundamental rights (salaries and OHS, including working hours);

Amendment 53 #

Motion for a resolution
Paragraph 3

Amendment 54 #

Motion for a resolution
Paragraph 3

3. Considers that labour inspection can be effective only if the relevant authorities are adequately funded and have enough staff; voices its concern at the understaffing of Member States' inspection authorities; and calls on the Member States to strengthen their inspection systems, as this should be an essential integral part of national plans to respond to the persisting economic crisis;

Amendment 55 #

Motion for a resolution
Paragraph 3 a (new)

3a. Points to the need for uniform training for labour inspectors and others in this field, with a view to tightening up enforcement of EU labour law;

Amendment 56 #

Motion for a resolution
Paragraph 3 a (new)

3a. Stresses that the financial reforms being carried out in certain Member States must in no case detract from the manpower, funding and material and technical infrastructural resources of labour inspectorates;

Amendment 57 #

Motion for a resolution
Paragraph 3 a (new)

3a. Points out that legal obligations and employee demands appear to be the two main reasons why employers introduce prevention policies1; __________________ 1 EU-OSHA, Esener survey, 2009.

Amendment 58 #

Motion for a resolution
Paragraph 3 b (new)

3b. Believes that, unless there is adequate risk assessment, it is impossible to properly protect workers; believes that SMEs need to be helped to set up risk prevention policies; stresses the positive role played by simple, free and targeted initiatives, such as the OiRA1; __________________ 1 Online interactive Risk Assessment, developed by the EU-OSHA.

Amendment 59 #

Motion for a resolution
Paragraph 4

4. Reminds the Member States that they have all signed and ratified International Labour Organisation Convention No 81 on Labour Inspection; calls on them accordingly to ~~respect~~enforce the Convention’s principles;

Amendment 6 #

Motion for a resolution
Recital A a (new)

Aa. whereas Member States employ a range of models in delivering different specific inspections of the workplace;

Amendment 60 #

Motion for a resolution
Paragraph 4 a (new)

4a. Stresses that labour inspections are effective only if they are made without notice, are repeated and are targeted randomly; points out that for penalties to be effective they must be set so as to ensure that employers cannot gain from circumventing existing wage agreements or laws and regulations;

Amendment 61 #

Motion for a resolution
Paragraph 4 b (new)

4b. Points out that labour inspection findings must be accompanied by clear deadlines for action so that abuses can be prevented quickly and victims can be protected at an early stage;

Amendment 62 #

Motion for a resolution
Paragraph 4 c (new)

4c. Points out that labour inspectors in the Member States must be authorised to conduct on-site inspections, to use smart inspection tools and to work in coordination with all relevant authorities, must have an appropriate remit and must work independently;

Amendment 63 #

Motion for a resolution
Paragraph 5

Amendment 64 #

Emer COSTELLO

Motion for a resolution
Paragraph 5

5. Calls on the Member States, in cases where labour inspect~~ion~~ors uncover abuse, or when whistleblowers bring cases of abuse to the attention of labour inspectors, to protect the workers concerned and any whistleblowers involved and to enable them to assert their rights at no cost; points out that measures to that end, such as a direct right of complaint ~~for victims~~ or a collective right of complaint, are effective means of protecting workers affected and whistleblowers; calls on the Member States to adopt measures to protect whistleblowers and their families in order to facilitate the detection of abuse;

Amendment 65 #

Motion for a resolution
Paragraph 5

Amendment 66 #

Motion for a resolution
Paragraph 5

Amendment 67 #

Motion for a resolution
Paragraph 5

Amendment 68 #

Motion for a resolution
Paragraph 5

5. Calls on Member States, in cases where labour inspections uncover abuse, to protect the workers concerned and enable them to assert their rights ~~at no cost~~; points out that measures to that end, such as a direct right of complaint for victims or a collective right of complaint, are effective means of protecting workers affected;

Amendment 69 #

Motion for a resolution
Paragraph 5

5. Calls on Member States, in cases where labour inspections uncover abuse, to protect the workers concerned and enable them to assert their rights at no cost; points out that measures to that end, such as a direct right of complaint for victims or a collective right of complaint~~, are effective means of protecting workers affected~~ (group claims rights) as well as mechanisms to protect whistleblowers, are effective means of protecting workers affected; stresses that it is important that rights of migrant workers in an irregular situation are protected and should be one of the areas of concern; reminds the Member States in this context of the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143);

Amendment 7 #

Motion for a resolution
Recital A a (new)

Aa. whereas there is a growing need for labour inspection in connection with the posting of workers around Europe;

Amendment 70 #

Motion for a resolution
Paragraph 6

~~6. Calls on the Member States to criminalise the non-respect of working conditions;~~deleted

Amendment 71 #

Motion for a resolution
Paragraph 6

6. Calls on the Member States to ~~criminalise the non-respect of working conditions;~~make observance of the relevant rules the primary aim of labour inspections and to ensure that action is taken in the following sequence: establishing observance of the rules and putting an end to abuses, inter alia by providing employers with information and advising them; registering undeclared workers retroactively, etc.

Amendment 72 #

Motion for a resolution
Paragraph 6

6. Calls on the Member States to strongly prosecute and where appropriate consider criminaliseing the non-respect of working conditions; stresses that research has indicated clearly that the highest impact in terms of improvement of working conditions is achieved by strong well- coordinated prevention and inspections at an early stage;

Amendment 73 #

Motion for a resolution
Paragraph 6

6. Calls on the Member States to ~~criminalise the non-respect of working condi~~enforce legal provisions with sanctions;

Amendment 74 #

Motion for a resolution
Paragraph 6

6. Calls on the Member States to ~~criminalise~~introduce penalties for the non-respect of working conditions which are severe, appropriate and proportionate to the seriousness of the offence;

Amendment 75 #

Motion for a resolution
Paragraph 6

6. Calls on the Member States to ~~criminalise~~effectively and dissuasively sanction the non-respect of working conditions;

Amendment 76 #

Motion for a resolution
Paragraph 6

6. Calls on the Member States to ~~criminalise~~impose sanctions for the non-respect of working conditions;

Amendment 77 #

Jelko KACIN, Phil BENNION, Nadja HIRSCH

Motion for a resolution
Paragraph 6

6. Calls on the Member States to ~~criminalise~~sanction the non-respect of working conditions;

Amendment 78 #

Motion for a resolution
Paragraph 6

6. Calls on the Member States to criminalise the most serious non-respect of working conditions;

Amendment 79 #

Motion for a resolution
Paragraph 6 a (new)

6a. Encourages the Member States to introduce a ‘social label’ to encourage companies to maintain higher labour standards, which could in the long run reduce the need for labour inspections and allow inspection resources to be targeted at sensitive areas;

Amendment 8 #

Motion for a resolution
Recital A a (new)

Aa. whereas labour inspection has a key role in ensuring that rights are turned into reality by ensuring that law is respected, actors know rights and obligations and accidents as well as abuse can be prevented;

Amendment 80 #

Motion for a resolution
Paragraph 7

7. Points out that a system of electronic networking of all relevant social security authorities, along the lines of the Belgian ‘Crossroads Bank for Social Security’, making it easier for them to exchange data, is a useful tool for giving national labour inspectorates and the social partners access to data they need in order to make inspections;

Amendment 81 #

Motion for a resolution
Paragraph 8

8. Highlights th~~e problematic nature of labour inspection in respect of migrant workers from both EU and third countries, particularly in rela~~at labour inspections face certain challenges as regards inspections where migrant workers are concerned; stresses that for labour inspections to ~~the role and remit of national inspectorates~~be effective it is important that labour inspections are sufficiently aware of situations with a high risk of non- compliance; points out that national-level electronic systems, such as Belgium's LIMOSA system for the compulsory advance registration of foreign workers by employers, can substantially facilitate the task of labour inspection;

Amendment 82 #

Motion for a resolution
Paragraph 8

8. Highlights the problematic nature of labour inspection in respect of migrant workers from both EU and third countries, particularly in relation to the role and remit of national inspectorates; points out that national-level electronic systems, such as Belgium's LIMOSA system16 for the compulsory advance registration of foreign workers by employers, substantially facilitate the task of labour inspection; __________________ 16 https://www.socialsecurity.be/foreign/de/e mployer_limosa/home.html.

Amendment 83 #

Motion for a resolution
Paragraph 8

8. Highlights the problematic nature of labour inspection in respect of migrant workers from both EU and third countries, particularly in relation to the role and remit of national inspectorates; points out that national-level electronic systems~~, such as Belgium's LIMOSA system16~~ for the compulsory advance registration of foreign workers by employers, could substantially facilitate the task of labour inspection; ~~__________________ 16 https://www.socialsecurity.be/foreign/de/e mployer_limosa/home.html.~~

Amendment 84 #

Motion for a resolution
Paragraph 8

8. Highlights the problematic nature of labour inspection in respect of migrant and posted workers from both EU and third countries, particularly in relation to the role and remit of national inspectorates; points out that national-level electronic systems, such as Belgium’s LIMOSA system for the compulsory advance registration of foreign workers by employers, substantially facilitate the task of labour inspection;

Amendment 85 #

Motion for a resolution
Paragraph 9

9. Points out that there is an important role to be played by the social partners, and particularly by workers’ representatives, in seeking to ensur~~ing~~e that the existing rules are observed; ~~calls on the Member States to institute the formal involvement of the social partners in labour inspection;~~

Amendment 86 #

Motion for a resolution
Paragraph 9

9. Points out that there is an important role to be played by the social partners, and particularly by workers' representatives, in ensuring that the existing rules are observed; ~~calls on the Member States to institute the formal involvement of the social partners in labour inspection;~~

Amendment 87 #

Motion for a resolution
Paragraph 9

Amendment 88 #

Motion for a resolution
Paragraph 9

9. Points out that there is an important role to be played by the social partners, and particularly by workers' representatives, in ensuring that the existing rules are observed; calls on the Member States to iens~~titute the formal~~ure involvement of the social partners in labour inspection in line with national traditions;

Amendment 89 #

Motion for a resolution
Paragraph 9

9. Points out that there is an important role to be played by the social partners, and particularly by workers’ representatives, in ensuring that the existing rules are observed; calls on the Member States to institute the ~~formal~~ involvement of the social partners in labour inspection;

Amendment 9 #

Motion for a resolution
Recital A a (new)

Aa. whereas labour inspections are concerned both with the observance of ordinary laws and regulations, e.g. on working time, breaks etc., and with the whole field of employment and health protection; and whereas inspections also need to focus more effectively, now and in future, on observance of the rules not only in open-ended full-time employment but also in the various types of temporary and atypical employment, such as part- time and short-term work and contract labour as well as cross-border work, including by posted workers, and on curbing the use of self-employed workers in fraudulent situations of bogus self- employment or bogus posting, associated in many cases with letter-box companies and/or contract labour;

Amendment 90 #

Motion for a resolution
Paragraph 9

9. Points out that there is an important role to be played by the social partners, and particularly by workers' representatives, in ensuring that the existing rules are observed; calls on the Member States to institute the formal involvement of the social partners in both the design and the formulation of national labour inspection plans;

Amendment 91 #

Motion for a resolution
Paragraph 9

9. Points out that there is an important role to be played by all the social partners~~, and particularly by workers’ representatives,~~ in ensuring that the existing rules are observed; calls on the Member States to institute the formal involvement of the social partners in labour inspection;

Amendment 92 #

Motion for a resolution
Paragraph 9

9. Points out that there is an important role to be played by the social partners~~, and particularly by workers’ representatives,~~ in ensuring that the existing rules are observed; calls on the Member States to institute the formal involvement of the social partners in labour inspection;

Amendment 93 #

Motion for a resolution
Paragraph 9 a (new)

9a. Notes that fewer labour inspections are conducted in rural areas; calls on Member States to ensure that rural regions are properly covered;

Amendment 94 #

Motion for a resolution
Paragraph 9 a (new)

9a. Advocates the creation of additional tripartite sectoral inspectorates representing government, workers and employers and calls for them to be brought into operation as a pilot initiative in the Member States with the highest levels of undeclared work;

Amendment 95 #

Motion for a resolution
Paragraph 10

10. Points out that it is ~~particularly~~ common for employees on fixed-term contracts to have inadequate working conditions by comparison with permanent employees; notes that, in order for contract work to be subject to proper inspection, the rights of inspectors to inspect companies that provide contract labour must be extended and inspections must cover the observance of rules on rates of pay and working conditions as well as the application of the minimum wage;

Amendment 96 #

Motion for a resolution
Paragraph 10

10. Points out that it is particularly common for employees on fixed-term contracts to have inadequate working conditions by comparison with permanent employees; notes that, in order for contract work to be subject to proper inspection, the rights of inspectors to inspect companies that provide contract labour must be extended and inspections must cover the observance of rules on rates of pay and working conditions as well as equal pay and, where appropriate, the application of the minimum wage; insists that the prevention of workplace health and safety problems be accorded the same degree of attention in the private and public sectors; points out that observance of the principle of non-discrimination is compulsory;

Amendment 97 #

Motion for a resolution
Paragraph 10

10. Points out that it is particularly common for employees on fixed-term contracts to have inadequate working conditions by comparison with permanent employees; notes that, in order for contract work to be subject to proper inspection, the rights of inspectors to inspect companies that provide contract labour must be extended and inspections must cover the observance of rules on rates of pay and working conditions as well as the application of the minimum wage where it is required by Member State law or national collective agreements;

Amendment 98 #

Motion for a resolution
Paragraph 10

10. Points out that it is particularly common for employees on fixed-term contracts to have inadequate working conditions by comparison with permanent employees; notes that, in order for contract work to be subject to proper inspection, the rights of inspectors to inspect companies that provide contract labour must be extended and inspections must cover the observance of rules on rates of pay and working conditions as well as the application of the minimum wage; states that it must be made possible, via an on- line service or website, for workers on temporary contracts to find out about their rights, including rights concerning pay rates;

Amendment 99 #