Awaiting committee decision
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Opinion | ECON | ||
Lead | EMPL | PIRINSKI Georgi (S&D) | TOMC Romana (EPP), MCINTYRE Anthea (ECR), TOOM Yana (ALDE), KUNEVA Kostadinka (GUE/NGL), REINTKE Terry (Verts/ALE), BEGHIN Tiziana (EFD) |
Lead | EMPL | ||
Opinion | FEMM | KUNEVA Kostadinka (GUE/NGL) | |
Opinion | FEMM | ||
Opinion | IMCO | DE JONG Dennis (GUE/NGL) | |
Opinion | IMCO | ||
Opinion | ITRE | ||
Opinion | JURI | ||
Opinion | LIBE |
Legal Basis TFEU 153-p2
- 2.80 Cooperation between administrations
- 4.10.05 Social inclusion, poverty, minimum income
- 4.15.04 Workforce, occupational mobility, job conversion, working conditions
- 4.15.02 Employment: guidelines, actions, Funds
- 4.10.10 Social protection, social security
- 4.15.12 Workers protection and rights, labour law
Activites
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2014/10/20
Committee referral announced in Parliament, 1st reading/single reading
- #3339
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2014/10/16
Council Meeting
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3339
summary
The Council agreed a general approach on a decision establishing a Platform to improve cooperation at EU level in order to prevent and deter undeclared work more effectively. This general approach will be the Council's basis for negotiations with the European Parliament. The general approach set out in the Annex follows the Commission's proposal on the mandatory participation of all Member States in the Platform and a non-exhaustive list of initiatives the Platform can carry out. At the same time, the draft Decision ensures that the Member States: remain competent to decide on their level of involvement in the Platform's initiatives; decide what measures to take at national level to give effect to the outcomes of these initiatives, depending on their own priorities and needs in the prevention and deterrence of undeclared work. The Platform's tasks would include (i) analysing policy measures taken until now; (ii) developing knowledge banks on different measures; (iii) developing tools and handbooks for Member States' cooperation. The Platform would allow the Member States to learn from each other and would also give them the tools to join forces, where necessary, in curbing undeclared work; involve the social partners at EU level, both cross-industry and in those sectors more severely affected by undeclared work; cooperate with relevant international organisations such as the International Labour Organisation and EU decentralised agencies, in particular Eurofund and the European Agency for Safety and Health at Work; work on the basis of two-year work programmes, setting out its detailed tasks covering all aspects related to undeclared work such as labour law, labour inspections, health and safety, social security, tax and migration; regularly inform the European Parliament and the Council about its activities. In the absence of the European Parliament's opinion, the Commission maintains its original proposal. It has also expressed a specific reservation on recital 11a(new) of the Council's general approach as it considers that the effective functioning of the Platform could be at risk, if (too many) Member States' involvement in the Platform's initiatives were low or inexistent. While some delegations share this concern, many other delegations stressed that all Member States are supporting the aims of the Platform.
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3339
summary
- #3323
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2014/06/19
Council Meeting
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3323
summary
The Council took note of a progress report on a decision establishing a Platform to improve cooperation at EU level in order to prevent and deter undeclared work more effectively. Many ministers expressed appreciation for the rapid progress made on this dossier during the Hellenic presidency and regretted that the Council was not in a position to agree a general approach. They called for the completion of the discussions as soon as possible under the Italian Presidency. The Platform will aim to facilitate the exchange of best practices and information, provide a framework at EU level to develop expertise and analysis, and promote joint actions between the different national enforcement authorities of Member States. The proposal envisages the participation of all Member States in the Platform, as this is crucial to address cross-border situations. Each Member State would be invited to nominate a single contact point. In its progress report, the Council noted the following main elements: - legal base: while favourably welcoming the text, a number of delegations raised legal questions, including the legal basis as such. At the request of the Working Party, the Council Legal Service (CLS) provided its opinion in writing. In particular, the Working Party has examined the appropriateness of the proposed legal basis (Article 153(2)(a) TFEU) and the different limitations on the legislator in using that Article, including the possibility of Member States' mandatory participation in the proposed Platform. A consensus could be found that so as to offer a solid legal framework for the Platform (based on Article 153 TFEU) with a certain flexibility within this framework. A large number of delegations supported this text, considering it as a good negotiation position of the Council with the European Parliament. - other questions debated: the two main issues discussed during the Hellenic Presidency related to the nature of the Member States' participation in the Platform and to the initiatives the Platform could take. - definition of undeclared work: certain delegations note that there is no Union level definition on undeclared work and that a definition should be included to cover (or not) the question of “falsely declared work”; - participation in the Platform: a large number of delegations either accept the Commission's proposal of making the participation mandatory or otherwise stress that in any case all Member States should participate. However, one delegation considers that the legal basis, Article 153(2)(a), cannot be used to oblige the Member States to participate in the Platform, and some delegations are still scrutinising this issue; - initiatives envisaged: the proposal provides the possibility to expand the list of initiatives that the Platform may take. The Presidency's compromise text, however, makes it clear that there is only limited flexibility in adding initiatives to the list included in the Decision and that any new initiative the Platform might undertake would have to be for the execution of its mission as set out in Article 3 and in accordance with the priorities set in the Platform's two-year work programme. To this effect, several delegations consider that the list included in the Decision should be exhaustive. One of these delegations has stressed that the extension of the list should require supervision of the co-legislators. Therefore, Recital 10 states that Member States' participation in certain activities would be on a voluntary basis. The Member States will be able to decide on their participation in any joint cross-border operations and in working parties set up by the Platform. In general, the Greek Presidency considers that its latest compromise text strikes the correct balance between, on the one hand, setting out clearly the Platform's mission and its initiatives and, on the other, giving the Platform the necessary flexibility in the implementation of that mission. The Presidency recommends finally that the forthcoming discussions on the file under the Italian Presidency should be based on this latest compromise text in order to reach a general approach in due time to serve as the Council's mandate during the first reading negotiations with the European Parliament.
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3323
summary
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2014/04/16
Committee referral announced in Parliament, 1st reading/single reading
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2014/04/09
Legislative proposal published
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COM(2014)0221
summary
PURPOSE: to establish a Platform to enhance EU cooperation in the prevention of undeclared work. PROPOSED ACT: Decision of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: the draft decision notes that undeclared work has serious budgetary implications through decreased tax and social security revenues. It has negative impacts on employment, productivity and working conditions, skills development and life-long learning. It results in lower pension rights and less access to health care and causes unfair competition between undertakings. A closely related phenomenon is falsely declared work, or bogus self-employment, which also has negative consequences in terms of health and safety and social security coverage of the workers concerned. The European Parliament in its resolution of 14 January 2014 called for stronger cooperation and reinforcement of labour inspectorates to fight undeclared work. The main responsibility for tackling undeclared work lies with Member States and relies mostly on three types of enforcement bodies: labour inspectorates, social security inspectorates fighting fraud on social insurance contributions, and tax authorities. In some Member States, social partners, customs authorities, migration bodies, the police and the public prosecutor's office are involved. It has, however, been noticed that, in some cases, cooperation between these different bodies at national level is not as structured or effective as necessary. As the challenges are common to Member States, and as undeclared work often has a cross-border dimension, EU level action can play an important role by reinforcing cooperation between enforcement authorities within and between different Member States in the prevention and deterrence of undeclared work. At the moment, there is no formal mechanism in place for all relevant authorities from Member States to address issues related to cross-border aspects of undeclared work. The Communication of 2012 "Towards a job-rich recovery" highlighted the need for improved cooperation among Member States and announced the launch of consultations on setting up an EU-level platform between labour inspectorates and other enforcement bodies to combat undeclared work, aimed at improving cooperation, sharing best practices and identifying common principles for inspections. IMPACT ASSESSMENT: this included several options for enhancing EU cooperation in the prevention and deterrence of undeclared work, and concluded that the preferred option would be the establishment of a European Platform with mandatory membership. LEGAL BASIS: Article 153(2)(a) of the Treaty on the Functioning of the European Union (TFEU). CONTENT: the draft decision establishes a Platform to enhance EU cooperation in the prevention and deterrence of undeclared work, composed of national enforcement authorities as nominated by all the Member States and the Commission. Observers: representatives of the social partners at cross-industry level, as well as from sectors with high incidence of undeclared work may attend meetings of the Platform as observers. Other observers include Eurofound, the European Agency for Safety and Health at Work and the ILO. Objectives : the Platform will contribute to better enforcement of EU and national law, to the reduction of undeclared work and the emergence of formal jobs, by: improving cooperation between Member States' different enforcement authorities at EU level to prevent and deter undeclared work, including bogus self-employment, more efficiently and effectively ; improving Member States' different enforcement authorities' technical capacity to tackle cross-border aspects of undeclared work, increasing public awareness on the urgency of action and encouraging Member States to step up their efforts in dealing with undeclared work. To achieve these objectives, the Platform will: (i) exchange best practices and information, (ii) develop expertise and analysis, (iii) coordinate cross-border operational actions. Tasks: the draft decision sets out a list of tasks that the Platform should carry out for the execution of its mission. These include : establishing a knowledge bank of different practices/measures, including bilateral agreements used in Member States to deter undeclared work ; adopting non-binding guidelines for inspectors, handbooks of good practice and common principles of inspections ; developing permanent training capacity for enforcement authorities and adopting a common framework for carrying out joint trainings ; and organising peer reviews to follow Member States progress, including support for the implementation of country-specific recommendations. Single Pint of Contact: to achieve its objectives, the Platform will be supported by a 'Single point of contact' in each Member State who should have the necessary authority to liaise with national authorities dealing with the multifaceted aspects of undeclared work. Operation: the Commission will coordinate the work of the Platform and chair its meetings. The Platform shall adopt by majority decision, the rules of procedure, a two-year work programme, and the establishment of working groups to examine issues specified in work Programmes. Review: four years after its entry into force, the Commission must submit a report on the application of the decision and assess to what extent the Platform has contributed to the achievement of its objectives. BUDGETARY IMPLICATIONS: Regulation (EU) No 1296/2013 establishes an EU Programme for Employment and Social Innovation ("EaSI") for the period 2014-2020. Funding for the Platform will come from the PROGRESS axis. An indicative amount of 2.1 million EUR per year is provided for carrying out the tasks, such as the establishment of practical tools, support by service providers, publishing of common guidelines and principles, and handbooks, developing a permanent training capacity and a common framework for carrying out joint trainings, organising peer reviews and European Campaigns. In addition, grants to finance projects supporting the achievement of the objectives of the Platform will be covered. Up to 224 000 EUR per year will be used to reimburse the costs related to participation in the Platform meetings. It is also recalled that the European Social Fund (ESF) supports Member States' efforts to improve the quality of public administration. Financing is envisaged within the Multiannual Financial Framework 2014-2020. The legislative proposal is budget-neutral and does not require additional staff resources.
- DG {'url': 'http://ec.europa.eu/social/', 'title': 'Employment, Social Affairs and Inclusion'}, ANDOR László
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COM(2014)0221
summary
Documents
- Legislative proposal published: COM(2014)0221
- Debate in Council: 3323
- Debate in Council: 3339
Amendments | Dossier |
132 |
2014/0124(COD)
2014/12/11
FEMM
39 amendments...
Amendment 11 #
Proposal for a decision Recital 5 a (new) (5a) Women are a category that has been greatly discriminated against and penalised in the workplace, as they are often forced to work free of charge, or as figureheads, thus greatly increasing the amount of undeclared work.
Amendment 12 #
Proposal for a decision Recital 5 a (new) (5a) The nature of undeclared work varies from one country to the other, depending on the economic, administrative, financial and social context. Undeclared work has also very different patterns depending on the nature and type of work and the concerned worker. Especially domestic work, mainly performed by women, poses a special challenge, as the work is in the informal sector, singularized and by its nature invisible. Therefore the development of measures to tackle undeclared work should be tailored accordingly.
Amendment 13 #
Proposal for a decision Recital 6 a (new) (6a) A distinction should be made between those who resort to undeclared work in order to avoid taxes and obtain other benefits and those who are forced to work in such conditions, which has a serious impact on their rights. The Platform should help to shed light on the two separate cases and safeguard the less protected categories. Equality should be ensured between men and women in the fight against undeclared work.
Amendment 14 #
Proposal for a decision Recital 6 b (new) (6b) Undeclared work has negative repercussions also on those who do it, for example with regard to their pensions, as well as on families, in particular single- income families with elderly women and single mothers.
Amendment 15 #
Proposal for a decision Recital 7 a (new) (7a) The high burden of taxation to which citizens are subject is one of the main causes of undeclared work, since those who provide a service are objectively unable to deal with the high tax levels. Until the tax burden becomes lighter and there are true equal rights between men and women, undeclared work is destined to grow, to distort the rest of the market and to have repercussions on families. The Platform should look in greater detail at the correlation between the tax burden and undeclared work, by analysing updated statistics.
Amendment 16 #
Proposal for a decision Recital 7 a (new) (7a) Enhanced cooperation of Member States does not only allow for addressing the problem from a fiscal point of view but will also enable the exchange of best practices on social protection, such as pension rights and access to healthcare, including of those groups of undeclared workers that are in a particularly vulnerable position or performing work not even considered as undeclared in all Member States, such as informal childcare or care for elderly family members provided in close family networks, mainly by women.
Amendment 17 #
Proposal for a decision Recital 8 (8) A wide range of policy approaches and measures to tackle undeclared work have been introduced across the Member States. Member States
Amendment 18 #
Proposal for a decision Recital 8 (8) A wide range of policy approaches and measures to tackle various forms of undeclared work have been introduced across the Member States. Member States have also concluded bilateral agreements and carried out multilateral projects on certain aspects of
Amendment 19 #
Proposal for a decision Recital 8 (8) A wide range of policy approaches and measures to tackle undeclared work have been introduced across the Member States. Member States have also concluded bilateral agreements and carried out multilateral projects on certain aspects of undeclared work. The Platform will not prevent the application of bilateral agreements or arrangements concerning administrative cooperation. Member States should, however, adopt measures with a view to establishing fairer and more sustainable working conditions, by reducing the tax burden for workers in order also to combat undeclared work and to protect women, in particular, as a highly disadvantaged category.
Amendment 20 #
Proposal for a decision Recital 10 (10) The strengthening of cooperation among Member States at EU level is necessary to help Member States to prevent and deter undeclared work more efficiently and effectively, as well as creating decent and lasting employment, guaranteeing social protection, combating social exclusion and poverty and improving working conditions.
Amendment 21 #
Proposal for a decision Recital 10 (10) The strengthening of cooperation among Member States at EU level is necessary to help Member States to prevent and deter undeclared work more efficiently and effectively, taking into account the gender differences.
Amendment 22 #
Proposal for a decision Recital 14 (14) In order to address undeclared work comprehensively and successfully, a policy
Amendment 23 #
Proposal for a decision Recital 14 (14) In order to address undeclared work comprehensively and successfully, a gender mainstreamed policy mix is to be implemented in the Member States, that is facilitated by structured cooperation between relevant authorities. The cooperation should include all national authorities which are leading and/or active in the prevention and/or deterrence of undeclared work.
Amendment 24 #
Proposal for a decision Recital 14 a (new) (14a) Within the Platform, positive measures, such as tax incentives and service vouchers, should be put forward to facilitate European citizens to lawfully employ workers and fulfil their duties as employers, also in social sectors such as household, cleaning or childcare services.
Amendment 25 #
Proposal for a decision Recital 16 (16) The Platform should involve the social partners at EU level, both cross-industry and in those sectors more severely affected by undeclared work, step up social dialogue and cooperate with relevant international organisations, such as the International Labour Organisation (ILO), and Union decentralised agencies, in particular Eurofound and European Agency for Safety and Health at Work. The involvement of Eurofound and European Agency for Safety and Health at Work in the work of the Platform as observers will not extend their existing mandates.
Amendment 26 #
Proposal for a decision Recital 19 (19) The Platform can establish working groups to examine specific issues such as targeted policies for workers in the informal sector who are young, elderly or female, and particularly women with disabilities and immigrants, and should be able to rely on the expertise of professionals with specific competences.
Amendment 27 #
Proposal for a decision Article 1 – paragraph 2 – introductory part (2) The Platform shall be composed of balanced representation from:
Amendment 28 #
Proposal for a decision Article 1 – paragraph 3 – point a (a) representatives of the cross-industry social partners at Union level, as well as social partners in sectors with a high incidence of undeclared work, including European women’s associations,
Amendment 29 #
Proposal for a decision Article 1 – paragraph 3 – point b (b) a representative of the European Foundation for the Improvement of Living and Working Conditions (Eurofound)
Amendment 30 #
Proposal for a decision Article 2 – paragraph 1 – introductory part The Platform, as set
Amendment 31 #
Proposal for a decision Article 2 – paragraph 1 – introductory part The Platform, as set out in Article 1 (1), shall contribute to better enforcement of EU and national law, to the reduction of undeclared work and the emergence of formal jobs, hence avoiding the deterioration of quality of work, and to promote integration in the labour market, gender equality, equal opportunities and social inclusion by:
Amendment 32 #
Proposal for a decision Article 2 – paragraph 1 – introductory part The Platform, as set out in Article 1 (1), shall contribute to better enforcement of EU and national law, to the reduction of undeclared work and the emergence of formal jobs, to improve the transition from the informal to the formal economy, hence avoiding the deterioration of quality of work, and to promote integration in the labour market and social inclusion by:
Amendment 33 #
Proposal for a decision Article 2 – paragraph 1 – point c (c) increasing public awareness on the urgency of action and encouraging Member States to step up their efforts in dealing with undeclared work, also in social sectors that are less well documented and often not considered as sectors where undeclared working takes place.
Amendment 34 #
Proposal for a decision Article 2 – paragraph 1 – point c a (new) (ca) preventing the informalisation of formal economy jobs.
Amendment 35 #
Proposal for a decision Article 3 – paragraph 1 – point a a (new) (aa) offer a common understanding of undeclared work by adopting a clear definition of undeclared work to reflect the reality of labour,
Amendment 36 #
Proposal for a decision Article 3 – paragraph 1 – point c a (new) (ca) it shall make suggestions for harmonisation for the various Member States, taking account of the gender perspective.
Amendment 37 #
Proposal for a decision Article 4 – paragraph 1 – point a (a) Improve the knowledge of undeclared work by means of common concepts, measurement tools and promotion of joint comparative analysis and related relevant indicators, including gender- and age- sensitive indicators,
Amendment 38 #
Proposal for a decision Article 4 – paragraph 1 – point c (c) Establish efficient tools, for instance an interactive knowledge bank within Eurofound of different practices/measures, including bilateral agreements used in the Member States, to deter and prevent undeclared work, and the regularisation of jobs,
Amendment 39 #
Proposal for a decision Article 4 – paragraph 1 – point c (c) Establish tools, for instance a knowledge bank of different practices/measures, including bilateral agreements used in the Member States to deter and prevent undeclared work and positive measures to encourage citizens to legally employ those people that previously worked undeclared,
Amendment 40 #
Proposal for a decision Article 4 – paragraph 2 (2) In carrying out its tasks, the Platform
Amendment 41 #
Proposal for a decision Article 4 – paragraph 2 (2) In carrying out its tasks, the Platform will take account of gender mainstreaming and make use of all relevant sources of information, including studies and multilateral cooperation projects and take into account relevant Union instruments and structures, as well as the experience of relevant bilateral agreements. It will establish appropriate cooperation with Eurofound
Amendment 42 #
Proposal for a decision Article 5 – paragraph 1 (1) Each Member State shall appoint one single point of contact as a member of the Platform. They may also appoint one alternate member. Both appointments shall respect the gender balance.
Amendment 43 #
Proposal for a decision Article 6 – paragraph 1 (1) Representatives of the social partners at cross-industry level,
Amendment 44 #
Proposal for a decision Article 6 – paragraph 2 – point a (a) A maximum of 8 observers
Amendment 45 #
Proposal for a decision Article 6 – paragraph 2 – point b (b) A maximum of 10 observers ensuring balanced represent
Amendment 46 #
Proposal for a decision Article 7 – paragraph 1 (1) The Commission shall coordinate the work of the Platform
Amendment 47 #
Proposal for a decision Article 7 – paragraph 2 – point b (b) a two-year work programme of the Platform setting out, inter alia, its detailed tasks and regular reports of the Platform in every two years, the drafting of which shall take account of the gender perspective,
Amendment 48 #
Proposal for a decision Article 7 – paragraph 2 – point c (c) the establishment of working groups, which must ensure balanced representation, to examine issues specified in the work programmes of the Platform. Such working groups shall be dissolved as soon as their mandates are fulfilled.
Amendment 49 #
Proposal for a decision Article 7 – paragraph 3 (3) Experts with specific competence in a subject under discussion, selected in accordance with the principles of gender balance, may be invited on a case-by-case basis to participate in the Platform's or working group's deliberations if this is useful and/or necessary.
source: 544.356
2014/12/12
IMCO
93 amendments...
Amendment 100 #
Proposal for a decision Article 4 – paragraph 2 (2) In carrying out its tasks, the Platform
Amendment 101 #
Proposal for a decision Article 5 – paragraph 1 (1) Each Member State shall appoint one single point of contact as a member of the Platform. They
Amendment 102 #
Proposal for a decision Article 5 – paragraph 2 (2) In appointing
Amendment 103 #
Proposal for a decision Article 5 – paragraph 3 (3) Member States shall provide the Commission with the list and contact details of all enforcement
Amendment 104 #
Proposal for a decision Article 5 – paragraph 4 (4)
Amendment 105 #
Proposal for a decision Article 5 – paragraph 4 (4) Single points of contact shall liaise with
Amendment 106 #
Proposal for a decision Article 7 – paragraph 1 (1) The Commission shall coordinate, promote and facilitate the work of the Platform and chair its meetings.
Amendment 107 #
Proposal for a decision Article 7 – paragraph 1 (1) The Commission shall coordinate the work of the Platform
Amendment 108 #
Proposal for a decision Article 7 – paragraph 1 a (new) (1a) An independent chair shall be appointed to lead its meetings. If no suitable person can be found within a reasonable period, the Commission may chair the Platform's meetings.
Amendment 109 #
Proposal for a decision Article 7 – paragraph 2 – point b (b) a two-year work programme of the Platform setting out, inter alia, its detailed tasks and
Amendment 110 #
Proposal for a decision Article 7 – paragraph 2 – point b b) a
Amendment 111 #
Proposal for a decision Article 7 – paragraph 5 (5) The Commission shall inform
Amendment 112 #
Proposal for a decision Article 8 – paragraph 1 The Platform shall work, as appropriate, in cooperation with other relevant Union level expert groups and committees, whose work has a link with undeclared work, in particular the Senior Labour Inspectors Committee (SLIC), the Expert Committee on Posting of Workers, the Administrative Commission for Social Security Coordination, the H5NCP EU platform expert in combating social security fraud and error, the Employment Committee (EMCO), the Social Protection Committee (SPC) and the Working Group on Administrative Cooperation in the field of Taxation. Joint meetings may also be organised.
Amendment 113 #
Proposal for a decision Article 8 – paragraph 1 a (new) The Platform shall, where possible, refrain from the duplication of works already undertaken by these other bodies and instead will coordinate with them towards the sharing of information.
Amendment 114 #
Proposal for a decision Article 10 – paragraph 1 The global resources for the implementation of this Decision shall be established within the framework of the programme for Employment and Social Innovation (EaSI), the annual appropriations of which shall be authorised by the budgetary authority within the limits of the Financial Framework. The Commission shall make sure that all financial resources are used in a transparent and efficient way.
Amendment 115 #
Proposal for a decision Article 11 – paragraph 1 Amendment 116 #
Proposal for a decision Article 11 a (new) Article 11a Defence of rights Actors bringing cases of undeclared work to the attention of the platform, either directly or via national enforcement authorities or platform observers, shall be protected against any unfavourable treatment by their employer.
Amendment 24 #
Proposal for a decision Recital 4 (4) The European Parliament in its resolution on
Amendment 25 #
Proposal for a decision Recital 4 a (new) (4a) The work of the Platform needs to respect Articles 5, 15 and 31 of the Charter of Fundamental Rights of the European Union, as well as ILO Conventions No. 81 and ILO Recommendation No. 198.
Amendment 26 #
Proposal for a decision Recital 6 a (new) (6a) The size of the undeclared economy varies significantly across Member States. Recent data clearly indicate that high levels of undeclared work are associated with low GDP, increased public sector corruption, low state intervention in the labour market, low social protection, less effective redistribution via social transfers, higher poverty levels and greater inequalities.
Amendment 27 #
Proposal for a decision Recital 6 b (new) (6b) Undeclared work has serious implications for the workers concerned, who find themselves having to accept precarious working conditions, much lower wages and greatly reduced protection under labour and social protection legislation, thus depriving those workers of adequate social benefits, pension rights and access to healthcare, as well as skills development and life-long learning opportunities.
Amendment 28 #
Proposal for a decision Recital 7 (7) Undeclared work has serious budgetary implications through decreased tax and social security revenues. Undeclared work also does not produce a level playing field in the EU. It has negative impacts on employment, productivity, compliance with working conditions' standards, skills development and life-long learning. It undermines the financial sustainability of social protection systems, deprives workers of adequate social benefits and results in lower pension rights and less access to healthcare.
Amendment 29 #
Proposal for a decision Recital 7 (7) Undeclared work has serious budgetary implications through decreased tax and social security revenues. It has negative impacts on employment, productivity, compliance with working conditions' standards, skills development and life-long learning. It undermines the financial sustainability of social protection systems, deprives workers of adequate social
Amendment 30 #
Proposal for a decision Recital 7 (7) Undeclared work has serious budgetary implications through decreased tax and social security revenues. It has negative impacts on employment, productivity, compliance with working conditions' standards, skills development and life-long learning. It undermines the financial sustainability of social protection systems, deprives workers of adequate social benefits and results in lower pension rights and less access to healthcare. Undeclared work should be tackled in the Member States through the application of appropriate tax and social policies.
Amendment 31 #
Proposal for a decision Recital 7 (7) Undeclared work has serious budgetary implications through decreased tax and social security revenues. It has negative impacts on employment, productivity, compliance with working conditions' standards, skills development and life-long learning. It undermines the financial sustainability of social protection systems, deprives workers of adequate social benefits and results in lower pension rights and less access to healthcare, as well as generating unfair competition in the internal market and undermining fair competition between undertakings.
Amendment 32 #
Proposal for a decision Recital 8 (8) Undeclared work has negative effects also on the functioning of the single market. A wide range of policy approaches and measures to tackle undeclared work have been introduced across the Member States. Member States have also concluded bilateral agreements and carried out multilateral projects on certain aspects of undeclared work. The Platform will not prevent the application of bilateral agreements or arrangements concerning administrative cooperation. The main responsibility for tackling undeclared work will remain with the Member States.
Amendment 33 #
Proposal for a decision Recital 8 (8) A wide range of policy approaches and measures to tackle undeclared work have been introduced across the Member States. Member States have also concluded bilateral agreements and carried out multilateral projects on certain aspects of undeclared work. The Platform will not prevent the application of bilateral agreements or arrangements concerning administrative cooperation but will, where necessary, improve them and ensure they are correctly applied.
Amendment 34 #
Proposal for a decision Recital 9 (9) Close and effective EU level cooperation remains far from comprehensive, both in terms of the Member States involved and the issues covered. There is a no formal mechanism in place for cross-border cooperation between Member States' relevant authorities to address issues related to undeclared work.
Amendment 35 #
Proposal for a decision Recital 9 (9) EU level cooperation remains far from comprehensive, both in terms of the Member States involved and the issues covered. There is a no formal mechanism in place for cross-border cooperation between Member States' relevant authorities to address issues related to undeclared work. The Platform will draw up a manual of procedures for improving cross-border cooperation between Member States' relevant authorities to address issues related to undeclared work.
Amendment 36 #
Proposal for a decision Recital 10 (10) The strengthening of active cooperation based on mutual assistance, transparency and confidentiality among Member States at EU level is necessary to help Member States to prevent and deter undeclared work more efficiently and effectively.
Amendment 37 #
Proposal for a decision Recital 10 (10) The strengthening of cooperation among Member States at EU level is necessary to help Member States to prevent and deter undeclared work more efficiently and effectively. The goal for the strengthened cooperation must be to encourage declared work by making declared work associated with less bureaucracy and administration thereby making sure that undeclared work is the less attractive option.
Amendment 38 #
Proposal for a decision Recital 10 a (new) (10a) National labour inspectorates and enforcement bodies often need immediate access to data and information held by foreign national authorities. An efficient and rapid exchange of data is therefore essential to curb undeclared work.
Amendment 39 #
Proposal for a decision Recital 10 b (new) (10b) National labour inspection systems need to be organised in an efficient manner and have sufficient qualified staff at their disposal in order to function effectively.
Amendment 40 #
Proposal for a decision Recital 11 (11) The
Amendment 41 #
Proposal for a decision Recital 11 (11) The Platform
Amendment 42 #
Proposal for a decision Recital 11 (11) The Platform will aim to facilitate the exchange of best practices and information, provide a framework at EU level to develop expertise and analysis, and improve operational coordination of actions between the different national enforcement authorities of the Member States. Additionally, the Platform will aim at sharing best practices of clear and simple regulation between Member States which can reduce the chances of unintended errors especially among self- employed persons and SMEs.
Amendment 43 #
Proposal for a decision Recital 11 a (new) (11a) The identification, analysis and solving of practical problems related to the enforcement of Union legislation on working conditions and social protection at work fall mainly within the competence of national labour inspection systems, for which reason they require close and effective cooperation at Union level.
Amendment 44 #
Proposal for a decision Recital 12 (12) The Platform should make use of all relevant sources of information, in particular studies, bilateral agreements concluded between Member States
Amendment 45 #
Proposal for a decision Recital 12 (12) The Platform should make use of all
Amendment 46 #
Proposal for a decision Recital 12 (12) The Platform should make use of all relevant sources of information, in particular studies, bilateral agreements concluded between Member States and multilateral cooperation projects and create synergies between existing EU level instruments and structures to maximise the deterrent or preventive effect of these measures. The operational coordination of actions of the Member States could take the form of joint trainings, peer reviews and solutions for data sharing. European campaigns or common strategies could increase the awareness of undeclared work. Any recommendations from the Platform must be voluntary for Member States to implement.
Amendment 47 #
Proposal for a decision Recital 12 a (new) (12a) The Platform should be more than a passive mapping and assessment body. It should also actively contribute to prevent undeclared work by developing practical tools against organized forms and networks of undeclared work and by keeping concerned authorities and actors informed. To this end the Platform should propose measures and instruments which are needed at national or EU level, or at both levels, in order to better prevent, control and sanction undeclared work.
Amendment 48 #
Proposal for a decision Recital 12 a (new) (12a) The Platform should monitor closely the implementation of the new EU rules which could help to combat undeclared work, including Directive 2014/24/EU on public procurement and, in particular, its provisions on subcontracting and abnormally low tenders.
Amendment 49 #
Proposal for a decision Recital 13 (13)
Amendment 50 #
Proposal for a decision Recital 13 (13)
Amendment 51 #
Proposal for a decision Recital 14 (14) In order to address undeclared work comprehensively and successfully, a policy mix is to be implemented in the Member States, that is facilitated by structured cooperation between relevant authorities. The cooperation should include all national authorities and actors which are leading and/or active in the prevention and/or deterrence of undeclared work and/or in the regularisation of jobs.
Amendment 52 #
Proposal for a decision Recital 15 (15) To achieve its objectives, participation in the Platform should be obligatory for all the Member States. The Platform should also be supported by a 'Single point of contact' in each Member State who should have the necessary authority to liaise with national authorities dealing with the multifaceted aspects of undeclared work.
Amendment 53 #
Proposal for a decision Recital 15 (15) To achieve its objectives, the Platform should be supported by a 'Single point of contact' in each Member State who should have the necessary authority to liaise with national authorities and actors dealing with the multifaceted aspects of undeclared work. In order to be effective and reach its objectives, the participation in the Platform should be mandatory for all Member States.
Amendment 54 #
Proposal for a decision Recital 16 (16) The Platform should involve the European Parliament, the social partners at EU level, both cross-industry and in those sectors more severely affected by undeclared work, and cooperate with relevant international organisations, such as the International Labour Organisation (ILO), and Union decentralised agencies, in particular Eurofound and European Agency for Safety and Health at Work. The involvement of Eurofound and
Amendment 55 #
Proposal for a decision Recital 16 a (new) (16a) Eurofound should play an important role in supporting the Platform in particular with regard to the establishment of an interactive knowledge bank to enhance cooperation in the prevention and deterrence of undeclared work.
Amendment 56 #
Proposal for a decision Recital 16 b (new) (16b) The Committee of Senior Labour Inspectors (SLIC) was set up by the Commission Decision 95/319/EC in order to work on problems relating to the enforcement by the Member States of the Union law on health and safety at work. The Platform should also involve a SLIC observer in order to avoid overlaps and create synergy effects.
Amendment 57 #
Proposal for a decision Recital 17 (17) The Platform
Amendment 58 #
Proposal for a decision Recital 17 a (new) (17a) The Commission should publish an annual activity report on the work of the Platform.
Amendment 59 #
Proposal for a decision Recital 21 (21) The Platform and its tasks should be funded through the PROGRESS axis of the
Amendment 60 #
Proposal for a decision Recital 22 (22) The Commission will take the necessary administrative steps to set up the
Amendment 61 #
Proposal for a decision Recital 22 a (new) (22a) Although the Platform is a useful first step towards better cooperation among Member States in the fight against undeclared work, it should not be seen as the only possible Union instrument against that phenomenon. In particular, the Commission will continue to monitor existing national and Union legislation, in order to establish whether this encourages directly or indirectly undeclared work.
Amendment 62 #
Proposal for a decision Article 1 – paragraph 1 (1) A European Platform to enhance
Amendment 63 #
Proposal for a decision Article 1 – paragraph 2 – point a (a)
Amendment 64 #
Proposal for a decision Article 1 – paragraph 2 – point b a (new) (ba) A maximum of eight representatives of the cross-industry social partners at Union level, as well as a maximum of ten social partners in sectors with a high incidence of undeclared work.
Amendment 65 #
Proposal for a decision Article 1 – paragraph 2 – point b a (new) (ba) the European Parliament.
Amendment 66 #
Proposal for a decision Article 1 – paragraph 2 – point b a (new) (ba) A Member of the European Parliament from the Committee responsible of the European Parliament and/ or an independent representative, appointed by the European Parliament.
Amendment 67 #
Proposal for a decision Article 1 – paragraph 3 – point a Amendment 68 #
Proposal for a decision Article 1 – paragraph 3 – point a a (new) (aa) a representative of the Committee of Senior Labour Inspectors (SLIC),
Amendment 69 #
Proposal for a decision Article 1 – paragraph 3 – point a b (new) (ab) a representative of the Administrative Commission for the Coordination of Social Security Systems established by Regulation (EC) No 883/2004 of the European Parliament and of the Council,
Amendment 70 #
Proposal for a decision Article 1 – paragraph 3 – point c Amendment 71 #
Proposal for a decision Article 1 – paragraph 3 – point c a (new) (ca) a representative of the Administrative Commission for the Coordination of Social Security Systems established by Regulation (EC) No 883/2004 of the European Parliament and of the Council.
Amendment 72 #
Proposal for a decision Article 1 – paragraph 3 – point d (d) one representative
Amendment 73 #
Proposal for a decision Article 1 – paragraph 3 – point d a (new) (da) an independent representative appointed by the European Parliament.
Amendment 74 #
Proposal for a decision Article 1 – paragraph 3 a (new) (3a) The International Labour Organisation shall be a full member of the Platform without voting rights.
Amendment 75 #
Proposal for a decision Article 2 – paragraph 1 – introductory part The overriding objective of the Platform shall be to provide value-added input at Union level to Member States' and Union institutions' efforts, together with the social partners, to successfully tackle the complex problem of undeclared work and the regularisation of jobs, and their manifold implications and consequences. The Platform, as set out in Article 1 (1), shall to that end contribute to better enforcement of EU and national law, to the reduction of undeclared work and the emergence of formal jobs, hence avoiding the deterioration of quality of work, and to promote integration in the labour market and social inclusion by:
Amendment 76 #
Proposal for a decision Article 2 – paragraph 1 – introductory part The Platform, as set out in Article 1 (1), shall contribute to better enforcement of EU and national law, to the reduction of undeclared or falsely declared work and the emergence of formal jobs, hence avoiding the deterioration of quality of work, and to promote integration in the labour market and social inclusion by:
Amendment 77 #
Proposal for a decision Article 2 – paragraph 1 – point a (a) improving
Amendment 78 #
Proposal for a decision Article 2 – paragraph 1 – point a (a) improving cooperation between Member States' different enforcement authorities at EU level to prevent and deter undeclared work, including
Amendment 79 #
Proposal for a decision Article 2 – paragraph 1 – point b (b) improving Member States' different enforcement
Amendment 80 #
Proposal for a decision Article 2 – paragraph 1 – point c (c) increasing public awareness on the urgency of action and encouraging Member States to step up their efforts in dealing with undeclared work, including through public awareness campaigns in cooperation with social partners.
Amendment 81 #
Proposal for a decision Article 2 – paragraph 1 – point c a (new) (ca) the mandatory participation of all Member States.
Amendment 82 #
Proposal for a decision Article 2 a (new) Article 2a This Directive is without prejudice to the International Labour Organisation's Convention 81 on Labour Inspection.
Amendment 83 #
Proposal for a decision Article 3 – paragraph 1 – point c (c)
Amendment 84 #
Proposal for a decision Article 3 – paragraph 1 – point c (c)
Amendment 85 #
Proposal for a decision Article 4 – paragraph 1 – point a (a) Improve the knowledge of undeclared work, and the regularisation of jobs by means of common concepts, measurement tools and promotion of joint comparative analysis and related relevant indicators,
Amendment 86 #
Proposal for a decision Article 4 – paragraph 1 – point a a (new) (aa) improve the knowledge and mutual understanding of different national labour inspection systems and practices of fighting undeclared work, and the regularisation of jobs, as well as related legal frameworks for action, and to deepen general knowledge and specific sectorial insight into the precarious working conditions and unequal terms of payment and protection endured by persons in undeclared work.
Amendment 87 #
Proposal for a decision Article 4 – paragraph 1 – point b (b)
Amendment 88 #
Proposal for a decision Article 4 – paragraph 1 – point b (b) Develop the analysis of effectiveness of different policy measures in curbing the incidence of undeclared work, including preventive and punitive as well as deterrence measures in general
Amendment 89 #
Proposal for a decision Article 4 – paragraph 1 – point c (c) Establish efficient tools, for instance an interactive knowledge bank of different practices/measures, including bilateral agreements used in the Member States, to deter and prevent undeclared work, and the regularisation of jobs,
Amendment 90 #
Proposal for a decision Article 4 – paragraph 1 – point c (c) Establish
Amendment 91 #
Proposal for a decision Article 4 – paragraph 1 – point c a (new) (ca) establish active cooperation with the enforcement authorities of third countries, where relevant, in order to resolve problems related to undeclared work involving these countries,
Amendment 92 #
Proposal for a decision Article 4 – paragraph 1 – point d (d) Adopt
Amendment 93 #
Proposal for a decision Article 4 – paragraph 1 – point e (e) Develop forms of close and effective cooperation increasing the
Amendment 94 #
Proposal for a decision Article 4 – paragraph 1 – point f (f) Examine
Amendment 95 #
Proposal for a decision Article 4 – paragraph 1 – point g (g) Develop permanent training capacity for
Amendment 96 #
Proposal for a decision Article 4 – paragraph 1 – point h (h) Organise peer reviews to follow Member States progress when fighting undeclared work
Amendment 97 #
Proposal for a decision Article 4 – paragraph 1 – point h a (new) (ha) put forward proposals to the Commission for inclusion in the country- specific recommendations of appropriate action addressing the particular aspects of undeclared work and the regularisation of jobs in the Member States concerned,
Amendment 98 #
Proposal for a decision Article 4 – paragraph 1 – point h b (new) (hb) propose initiatives to the Commission which it considers appropriate to encourage the effective enforcement of Union legislation on working conditions and social protection in Member States in particular by means of closer cooperation between national labour inspection systems.
Amendment 99 #
Proposal for a decision Article 4 – paragraph 1 – point i source: 544.359
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