Awaiting Parliament 1st reading / single reading / budget 1st stage
2014/0124(COD) European platform to enhance cooperation in the prevention and deterrence of undeclared work
Next event: Indicative plenary sitting date, 1st reading/single reading 2015/10/05
Lead committee dossier: EMPL/8/00424
Legal Basis TFEU 153-p2
Next event: Indicative plenary sitting date, 1st reading/single reading 2015/10/05
| 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
Subjects
- 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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2015/10/05
Indicative plenary sitting date, 1st reading/single reading
- 2015/05/22 Committee report tabled for plenary, 1st reading/single reading
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2015/05/07
Vote in committee, 1st reading/single reading
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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'}, THYSSEN Marianne
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COM(2014)0221
summary
Documents
- Legislative proposal published: COM(2014)0221
- Debate in Council: 3323
- Debate in Council: 3339
- Committee report tabled for plenary, 1st reading/single reading: A8-0172/2015
| Amendments | Dossier |
| 576 |
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
2014/12/18
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395 amendments...
Amendment 100 #
Proposal for a decision Recital 5 a (new) (5a) The nature of undeclared work varies from one country to another, depending on the economic, administrative, financial and social context. Undeclared work also has very different patterns depending on the nature and type of work and the worker concerned. Domestic work, mainly performed by women, poses a particular challenge, as the work is in the informal sector, singularised and, by its nature, invisible. Therefore, the development of measures to tackle undeclared work should be tailored accordingly. Setting Union-wide standards could, in this context, contribute to a level playing field and benefit those economic actors who do not resort to undeclared work.
Amendment 101 #
Proposal for a decision Recital 5 a (new) (5a) The national legislation as well as definitions as regards undeclared work may vary from one country to the other. Therefore, the development of measures to tackle undeclared work should be tailored accordingly.
Amendment 102 #
Proposal for a decision Recital 5 a (new) (5a) Undeclared work is continuing to become widespread in those Member States which have introduced austerity programmes in response to the economic crisis.
Amendment 103 #
Proposal for a decision Recital 5 b (new) (5b) The crisis gripping some Member States is forcing workers to leave their homes and look for work of whatever kind abroad. It is crucial that workers who fall prey to undeclared work are protected, since they are usually in an extremely precarious position.
Amendment 104 #
Proposal for a decision Recital 6 Amendment 105 #
Proposal for a decision Recital 6 (6) The abuse of the status of self- employed, either at national level or in cross-border situations, is frequently associated with undeclared work.
Amendment 106 #
Proposal for a decision Recital 6 (6)
Amendment 107 #
Proposal for a decision Recital 6 (6)
Amendment 108 #
Proposal for a decision Recital 6 (6)
Amendment 109 #
Proposal for a decision Recital 6 (6) The abuse of the status of self- employed, either at national level or in cross-border situations,
Amendment 110 #
Proposal for a decision Recital 6 (6) The abuse of the status of self- employed, either at national level or in cross-border situations, is frequently associated with undeclared work. Bogus self-employment occurs when a person is declared as self-employed while fulfilling the conditions characteristic of an employment relationship, in order to avoid certain legal or fiscal obligations. Bogus self-employment is, therefore, falsely- declared work and
Amendment 111 #
Proposal for a decision Recital 6 (6) The abuse of the status of self- employed, either at national level or in cross-border situations, is frequently associated with undeclared work. Bogus self-employment occurs when a person is declared as self-employed while fulfilling the conditions characteristic of an employment relationship, in order to avoid certain legal or fiscal obligations. Bogus self-employment is, therefore, falsely declared work and should come under the scope of the Platform. It should be noted that definitions vary between the Member States and that bogus self-employment exists in many different forms. Bogus self- employment and undeclared work are key activities of the black economy.
Amendment 112 #
Proposal for a decision Recital 6 (6) The abuse of the status of self- employed as defined in national law, either at national level or in cross-border situations, is frequently associated with undeclared work. Bogus self-employment occurs when a person is declared as self- employed while fulfilling the conditions characteristic of an employment relationship as defined in national law, in order to avoid certain legal or fiscal obligations. Bogus self-employment is, therefore, falsely declared work and should come under the scope of the Platform.
Amendment 113 #
Proposal for a decision Recital 6 a (new) (6a) Regularising undeclared work into formal quality jobs and promoting workers’ inclusion in the labour market will also result in an increase in quality of employment and access to health care and social benefits;
Amendment 114 #
Proposal for a decision Recital 6 a (new) (6a) The size of the undeclared economy varies significantly across Member States, ranging from below 8% to over 30% of GDP. According to Eurofound’s report of 2013, there is a clear north-south and east-west divide within the EU271 a. __________________ 1aEurofound report on Combating Undeclared Work in 27 European Union Member States and Norway (2013).
Amendment 115 #
Proposal for a decision Recital 6 a (new) (6a) Within the scope of Platform actions, the view of false self-employment should take account of the differences in the legislation of the Member States, and thus of the differences in status of self-employed persons in particular Member States.
Amendment 116 #
Proposal for a decision Recital 6 a (new) (6a) Undeclared work does not conform to a pattern and is complex. It can take a number of forms and affect different sectors. The scope of the Platform should extend to all existing forms of undeclared work without distinction. The main task is to extricate Europe from the black economy in order to create better-quality jobs and boost economic recovery and to achieve the employment objective set out in the EU 2020 strategy.
Amendment 117 #
Proposal for a decision Recital 6 a (new) (6a) If genuine self-employed people or sole proprietors who are subject to the legal, fiscal and social obligations of their Member State are excluded from the scope of the Platform, it should include bogus self-employment which is falsely declared as such in order to avoid statutory obligations as well as tax and social security contributions.
Amendment 118 #
Proposal for a decision Recital 6 a (new) (6a) Undeclared work has serious implications for the workers concerned, especially in the case of child labour as it leads to the exploitation of the children concerned, and particularly of unaccompanied immigrant children, who are often involved in very hazardous work and at great risk of exploitation.
Amendment 119 #
Proposal for a decision Recital 6 a (new) (6a) Letter box companies are companies which have been set up with the purpose of benefitting from legislative loopholes while not providing themselves any service to clients, but rather provide a front for services provided by their owners. Letter box companies should, therefore, be considered as one of the facets of undeclared work and should come under the scope of the Platform.
Amendment 120 #
Proposal for a decision Recital 6 a (new) (6a) the exact time of working hours, the full salary or remuneration corresponding to the working hours as well as the true nature of work are often not declared; these cases of falsely or partly declared work should equally come under the scope of the Platform.
Amendment 121 #
Proposal for a decision Recital 6 b (new) (6b) Scrutiny of undeclared work in the Member States must pay due attention to the behaviour of companies in this context. Companies involved in undeclared work should be subject to sanctions and additional inspections;
Amendment 122 #
Proposal for a decision Recital 6 b (new) (6b) Domestic and cross-border undeclared work are two distinctive forms of undeclared work, and cross-border undeclared work can contribute to the phenomena of social dumping, salary reductions in the member states where the services are offered, deregulation of labour relations and individualism in the labour market.
Amendment 123 #
Proposal for a decision Recital 7 (7)
Amendment 124 #
Proposal for a decision Recital 7 (7) Undeclared work has serious budgetary implications through decreased tax and social security revenues as well as a reduced income. It has negative impacts on employment
Amendment 125 #
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 leads to unfair competition and thus has a negative impact on competition in the single market and on the economy in general. In addition, social dumping may be a direct consequence of undeclared work and of its cross-border dimension.
Amendment 126 #
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 is often accompanied by the illegal drawing of benefits. 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 127 #
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. In addition, undeclared work upsets the market by acting as a vehicle for social dumping and contravening rules on competition.
Amendment 128 #
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. It also results in unfair competition between businesses. SMEs, which make up 99% of European companies, are the first to be affected by this problem and should have a special focus in the activities of the Platform.
Amendment 129 #
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, safety at work, 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
Amendment 130 #
Proposal for a decision Recital 7 (7) Undeclared or hidden 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.
Amendment 131 #
Proposal for a decision Recital 7 a (new) (7a) Undeclared work has different effects on different social groups. A special focus should be on the most vulnerable, such as migrants and women which are often over represented in sectors affected by undeclared work. As working conditions and motives for employers and workers to engage in undeclared work vary between sectors and countries, a wide range of specific policy approaches is necessary to tackle the problem.
Amendment 132 #
Proposal for a decision Recital 7 a (new) (7a) The nature and scale of undeclared work differs significantly between Member States, meaning that certain of the Platform’s activities will benefit some Member States more than others;
Amendment 133 #
Proposal for a decision Recital 7 a (new) (7a) The regularisation of undeclared work into formal quality jobs, will contribute to the achievement of the Europe 2020 Strategy;
Amendment 134 #
Proposal for a decision Recital 7 a (new) (7a) The undeclared economy is considerable in size, being equivalent to 18,4% of the GDP of the EU and it is a phenomenon which is believed to represent up to 30% of the GDP of countries such as Greece and Portugal;
Amendment 135 #
Proposal for a decision Recital 7 a (new) (7a) Undeclared work is continuing to become widespread in those Member States which have introduced austerity programmes in response to the economic crisis. Undeclared work is a problem common to all the Member States.
Amendment 136 #
Proposal for a decision Recital 7 a (new) (7a) The implemented fiscal consolidation dictated by the EU through both the European Semester and the Troika aggravates the problem of undeclared work. Undeclared work is not a worker’s choice but very often his/her only alternative to receive income
Amendment 137 #
Proposal for a decision Recital 7 a (new) (7a) The financial crisis leading to poor labour market and social conditions: increase of unemployment, reduced salaries, risk of poverty, cuts in social spending, is driving the practice of undeclared work.
Amendment 138 #
Proposal for a decision Recital 7 b (new) (7b) According to a Eurofound report, the more the current austerity measures and the subsequent reduction in taxes and labour market deregulation the bigger the undeclared economy; In that respect stresses that there is uncertainty about the trends of undeclared work and the situation of social and health protection rights of workers during the crisis;
Amendment 139 #
Proposal for a decision Recital 7 b (new) (7b) Workers do not choose to do undeclared work; they do it because it is their only way of earning an income. Undeclared workers are generally paid less and work under precarious conditions as most of the time they are not declared, recognised, registered, subject to regulation or protected by labour and social protection laws, and are therefore unable to exercise or defend their fundamental rights.
Amendment 140 #
Proposal for a decision Recital 7 c (new) (7c) Quantifying undeclared work at the EU level is very complex as undeclared work exists within the EU to varying degrees and across different sectors;
Amendment 141 #
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 undeclared work. The Platform
Amendment 142 #
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. The high level of control and innovative methods of some Member States have enabled great strides to be taken in the sustainable fight against undeclared work. 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 Platform will not prevent the implementation of rigid checks in the Member States, as it regards these as crucial in the fight against the black economy.
Amendment 143 #
Proposal for a decision Recital 8 (8) Stresses that preventing and deterring undeclared work falls primarily under the responsibility of the member-states and that national authorities play a crucial role in preventing, tracking and sanctioning undeclared work. 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.
Amendment 144 #
Proposal for a decision Recital 8 (8) A wide range of policy approaches and measures to tackle undeclared work have
Amendment 145 #
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. Measures should also be taken to tackle effectively the exploitation of illegal immigrants working without legal status.
Amendment 146 #
Proposal for a decision Recital 8 (8) A wide range of policy approaches and measures to tackle undeclared or hidden 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.
Amendment 147 #
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 or hidden work. The Platform will not prevent the application of bilateral agreements or arrangements concerning administrative cooperation.
Amendment 148 #
Proposal for a decision Recital 8 a (new) (8a) Many Member States have already put in place effective measures to tackle undeclared work particularly in relation to labour market, tax and employment law abuses by ensuring that the employers of undeclared workers face tougher enforcement action and stronger penalties;
Amendment 149 #
Proposal for a decision Recital 8 a (new) (8a) The platform should fully respect and act in line with the Charter of Fundamental Rights of the European Union, as well as the relevant conventions and recommendations of the International Labour Organisation (ILO), in particular Labour Inspection Convention No 81, Domestic Workers Convention No 189, Labour Administration Convention No 150 and Employment Relationship Recommendation No 198.
Amendment 150 #
Proposal for a decision Recital 8 a (new) (8a) In order to help combat undeclared work from a European and transnational perspective, contractual arrangements need to be introduced, where these do not exist, that help bring into the open wage payments of which the tax and welfare authorities are unaware and which gradually lead to formalised labour relations, with stepwise wage payments that take collective employment agreements as a reference.
Amendment 151 #
Proposal for a decision Recital 8 a (new) (8a) Over the past few years there has been a perceptible uptake of an enabling approach that provides incentives such as income tax relief, tax reduction and subsidy schemes aiming to regularise employment relationships so that these can be included in the formal economy; an interactive knowledge base, as developed by Eurofound, could help Member States to identity new approaches in that respect. However, it should be noted that such approaches may have only limited impact: if undeclared work forms only one part of a business model based essentially on the conduct of illegal practices and the illegal generation of large profits, supportive approaches are generally ineffective. Such businesses operating with illegal practices can only be tackled by means of more effective dissuasion and sanctions. The sanctions must be such that the discovery of illegal practices will lead to the imposition of financial penalties on businesses which far outweigh any profit they might gain from flouting existing laws.
Amendment 152 #
Proposal for a decision Recital 8 a (new) (8a) As well as measures to deter undeclared work Member States should examine incentives to support compliance with declared work and such incentives could include a phased reduction in unemployment payments, a retention of a reducing proportion of their welfare payments and/or secondary benefits.
Amendment 153 #
Proposal for a decision Recital 8 a (new) (8a) Despite the different policy approaches introduced to tackle undeclared work the problem is only fragmentarily treated.
Amendment 154 #
Proposal for a decision Recital 8 b (new) (8b) ‘Realignment’ and ‘graduality’ contracts are a means of bringing undeclared work into the open, and are designed to achieve full implementation of the Italian national collective labour agreement (Contratto Collettivo Nazionale di Lavoro) via a graduated increase in wage levels over time, but with immediate extension of the rules of that agreement, in companies which have wholly or partially ceased to comply with basic contractual rules.
Amendment 155 #
Proposal for a decision Recital 8 b (new) (8b) While fully respecting national legislation there should be respect for an important principle that the burden of repayment for any unpaid social security and taxes rests with the employer. This acts as a deterrent because it disincentives employers to operate in the informal economy.
Amendment 156 #
Proposal for a decision Recital 9 (9) EU level cooperation
Amendment 157 #
Proposal for a decision Recital 9 (9)
Amendment 158 #
Proposal for a decision Recital 9 (9)
Amendment 159 #
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, or any mechanism to prohibit the movement of illegal immigrants without legal status.
Amendment 160 #
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 or hidden work.
Amendment 161 #
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
Amendment 162 #
Proposal for a decision Recital 10 (10) The strengthening of mutual and transparent cooperation among Member States at EU level is necessary to help Member States to prevent and deter undeclared work more efficiently
Amendment 163 #
Proposal for a decision Recital 10 (10) The strengthening of active cooperation, based on obligations of mutual assistance and transparency among Member States at
Amendment 164 #
Proposal for a decision Recital 10 (10) The strengthening of cooperation based on mutual assistance, transparency, confidentiality and respect of the principle of sovereignty among Member States at EU level is necessary to help Member States to prevent and deter undeclared work more efficiently and effectively.
Amendment 165 #
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. This requires the Platform’s actions to be geared towards strengthening the level of checks and controls and the procedures in the Member States. Member States must on no account be forced by the Platform to reduce their level of checks and controls or reduce their effective measures. This would render the meaning and purpose of the Platform pointless.
Amendment 166 #
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, while respecting the freedom to provide services, the free movement of workers and the principle of non-discrimination.
Amendment 167 #
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, by studying, for example, ways to improve data exchange between national administrations and also by offering joint training sessions and exchanges between labour inspections.
Amendment 168 #
Proposal for a decision Recital 10 (10) The strengthening of active cooperation based on mutual assistance and transparency among Member States at EU level is
Amendment 169 #
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 by exchanging good practices and information.
Amendment 170 #
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 of 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 171 #
Proposal for a decision Recital 10 (10) The strengthening of active cooperation along with effective controls based on mutual assistance, transparency and confidentiality among Member States at EU level
Amendment 172 #
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 or hidden work more efficiently and effectively.
Amendment 173 #
Proposal for a decision Recital 10 a (new) (10a) Appropriate flexibility must be provided for Member States to determine which Platform activities are appropriate and aligned with national priorities in preventing and deterring undeclared work;
Amendment 174 #
Proposal for a decision Recital 10 a (new) (10a) The decision on the degree of involvement in Platform actions established on its forum should lie with the Member States.
Amendment 175 #
Proposal for a decision Recital 10 a (new) (10a) The Joint Employment Report from the Commission and the Council accompanying the Communication from the Commission on the Annual Growth Survey 2015 highlighted that fighting undeclared work is a challenge in some Member States and that fully reliable figures on the extent of the shadow economy and undeclared work are not readily available.
Amendment 176 #
Proposal for a decision Recital 10 a (new) (10a) National labour inspectorates and other relevant authorities, in particular enforcement authorities 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 177 #
Proposal for a decision Recital 10 a (new) (10a) Trade unions and the social partners have a key role to play in tackling undeclared work and in efforts to protect the workers who are victims of it, irrespective of their residence status. Trade unions are best placed to monitor problematic, fraudulent, abusive or illegal situations. The social dialogue is vitally important and it is for the social partners to determine the appropriate framework for preventing and curbing undeclared work and protecting the workers who are victims of it.
Amendment 178 #
Proposal for a decision Recital 10 a (new) (10a) National labour inspectorates and enforcement authorities need access to data and information held by foreign national authorities. An efficient exchange of data is therefore essential to curb undeclared work.
Amendment 179 #
Proposal for a decision Recital 10 a (new) (10a) National labour inspection systems need to be organised in an efficient manner, have sufficient qualified staff at their disposal and carry out systematic and frequent controls.
Amendment 180 #
Proposal for a decision Recital 10 b (new) (10b) National labour inspection systems need to be organised in an efficient manner in order to function effectively.
Amendment 181 #
Proposal for a decision Recital 10 b (new) (10b) Enforcement authorities often need immediate access to data and information held by foreign national authorities. An efficient and rapid exchange of data is needed to curb undeclared work, while recognising the importance of data protection and the special status of tax information;
Amendment 182 #
Proposal for a decision Recital 11 (11) The Platform will aim to facilitate the exchange of best practices and information,
Amendment 183 #
Proposal for a decision Recital 11 (11) The Platform
Amendment 184 #
Proposal for a decision Recital 11 (11) The Platform
Amendment 185 #
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
Amendment 186 #
Proposal for a decision Recital 11 (11) The Platform will aim to facilitate the
Amendment 187 #
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, enhance knowledge, thus creating a knowledge bank available to all member States and improve operational coordination of actions between the different national enforcement authorities of the Member States.
Amendment 188 #
Proposal for a decision Recital 11 a (new) (11a) Taking into consideration that the main responsibility to tackle undeclared work lies with the Member States and that according to Member States’ legislation there are several enforcement bodies which fight against it, each Member State should be given the possibility to decide at which level they will engage in each action taken by the Platform.
Amendment 189 #
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 Member States, for which reason close and effective cooperation at Union level is required.
Amendment 190 #
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 191 #
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 and common principles and practices at Union level.
Amendment 192 #
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
Amendment 193 #
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. Stresses that policies and strategies to raise awareness of undeclared work, exists to varying degrees among all member-states;
Amendment 194 #
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 195 #
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
Amendment 196 #
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 or hidden work.
Amendment 197 #
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 organised 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 Union level, or at both levels, in order to better prevent, control and penalize organised forms and networks of undeclared work.
Amendment 198 #
Proposal for a decision Recital 12 a (new) (12a) The Platform should work with Member States to reduce administrative burdens and the cost of and complexity of complying with regulations in order to help both employers and employees to comply;
Amendment 199 #
Proposal for a decision Recital 12 a (new) (12a) National inspectors often need immediate access to data and information of foreign national authorities. The exchange of data needs to be improved in order to be efficient and rapid.
Amendment 200 #
Proposal for a decision Recital 12 a (new) (12a) There is no ‘one size fits all’ solutions as laws and practises differ widely across member-states and sectors; Believes that policy measures will need to be ‘tailored’ to fit the particular circumstances in the different, countries, regions and sectors.
Amendment 201 #
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.
Amendment 202 #
Proposal for a decision Recital 12 b (new) (12b) 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 organised forms and networks of undeclared work and by keeping concerned authorities and actors informed. To this end the Platform should discuss approaches which could better prevent and control undeclared work
Amendment 203 #
Proposal for a decision Recital 13 (13)
Amendment 204 #
Proposal for a decision Recital 13 (13)
Amendment 205 #
Proposal for a decision Recital 13 (13)
Amendment 206 #
Proposal for a decision Recital 13 (13)
Amendment 207 #
Proposal for a decision Recital 13 (13) Three different national enforcement authorities are mainly involved with undeclared work: labour inspectorates, social security inspectorates and tax authorities. In some cases,
Amendment 208 #
Proposal for a decision Recital 13 (13) Three different national enforcement authorities are mainly involved with undeclared or hidden work: labour inspectorates, social security inspectorates and tax authorities. In some cases, migration authorities and employment services as well as customs authorities, the police, the public prosecutor’s office and the social partners are also involved.
Amendment 209 #
Proposal for a decision Recital 13 a (new) (13 a) The Platform should be more than a passive mapping and assessment bodies. It should also try to prevent undeclared work by setting up practical tools against serious and organised forms and networks of undeclared labour and try to remove the fraud construction by informing all the authorities concerned. The platform should also work together with partner organisations, through exchanging information concerning fraud patterns. In addition, fraud prevention could be stepped up by information campaigns and broader public relations work
Amendment 210 #
Proposal for a decision Recital 14 (14) In order to address undeclared work comprehensively and successfully, a policy mix
Amendment 211 #
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
Amendment 212 #
Proposal for a decision Recital 14 (14) In order to address undeclared work comprehensively and successfully, and while respecting the freedom to provide services, the free movement of workers and the principle of non-discrimination, a policy mix is to be implemented in the Member States
Amendment 213 #
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
Amendment 214 #
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
Amendment 215 #
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
Amendment 216 #
Proposal for a decision Recital 14 (14) In order to address undeclared and hidden work comprehensively and successfully, a policy mix is to be implemented in the Member States
Amendment 217 #
Proposal for a decision Recital 14 a (new) (14a) In order to ensure that the Platform is effective and successful, the role played by the labour inspectorates in the Member States should be enhanced.
Amendment 218 #
Proposal for a decision Recital 14 a (new) (14 a) The platform should in the long run work towards proposing instruments and policies which are needed at national or Union level in order better to prevent, control and sanction undeclared work.
Amendment 219 #
Proposal for a decision Recital 14 a (new) (14a) The Platform should safeguard the rights enshrined in the Charter of Fundamental Rights, and in particular in Article 5 (Prohibition of slavery and forced labour), Article 15 (Freedom to choose an occupation and right to engage in work) and Article 31 (Fair and just working conditions) thereof, and in ILO Conventions No 81 (Labour inspection) and No 189 (Domestic workers), and in the principles set out in ILO Recommendation No 198 (The employment relationship).
Amendment 220 #
Proposal for a decision Recital 14 b (new) (14 b) National, regional or Union bodies which specifically represent or defend the interests of undeclared workers should participate in the Platform.
Amendment 221 #
Proposal for a decision Recital 15 (15) To achieve its objectives, the Platform should be supported by a
Amendment 222 #
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
Amendment 223 #
Proposal for a decision Recital 15 (15) To achieve its objectives, the Platform should be supported by a
Amendment 224 #
Proposal for a decision Recital 15 (15) To achieve its objectives, the Platform requires the participation of all Member States and should 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 225 #
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 dealing with the multifaceted aspects of undeclared work. The work of the Platform should stay at the expert level.
Amendment 226 #
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 dealing with the multifaceted aspects of undeclared work. The participation in the Platform should be mandatory for all Member States. Participation in specific initiatives of the Platform shall be voluntary and decided by Member States on a case-by-case basis;
Amendment 227 #
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 dealing with the multifaceted aspects of undeclared and hidden work.
Amendment 228 #
Proposal for a decision Recital 15 a (new) (15 a) Single points of contact should liaise with all enforcement authorities which are involved in the prevention and/or deterrence of undeclared work regarding the activities of the Platform and guarantee their participation at the meetings and/or contribution to the activities of the Platform or its working groups if issues discussed involve their filed of competence.
Amendment 229 #
Proposal for a decision Recital 15 a (new) (15 a) To achieve its objective, the work of the Platform needs to be accompanied by a strong Member State commitment to improve capacities, in particular of labour inspections, to control and prevent undeclared work. In this context Member States should report regularly to the Platform on their efforts to step up inspections and provide the relevant bodies with necessary resources.
Amendment 230 #
Proposal for a decision Recital 15 b (new) (15 b) Representatives of the social partners in sectors with a high incidence of undeclared work may be invited to meetings of the Platform to provide knowledge about their specific areas.
Amendment 231 #
Proposal for a decision Recital 16 (16) The Platform should involve the social partners at
Amendment 232 #
Proposal for a decision Recital 16 (16) The Platform should involve the social partners at EU level, both cross-industry and in those sectors
Amendment 233 #
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, and cooperate with relevant international organisations, such as the International Labour Organisation (ILO) and the Organisation for Economic Cooperation and Development (OECD), 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
Amendment 234 #
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 and hidden work, and cooperate with relevant international organisations, such as the International Labour Organisation (ILO), and Union decentralised agencies, in particular Eurofound and the European Agency for Safety and Health at Work. The involvement of Eurofound and the European Agency for Safety and Health at Work in the work of the Platform as observers will not extend their existing mandates.
Amendment 235 #
Proposal for a decision Recital 16 a (new) (16 a) 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. Setting up this interactive knowledge bank as a permanent service for the Platform would be a new task for Eurofound.
Amendment 236 #
Proposal for a decision Recital 16 a (new) (16a) Eurofound and the European Agency for Safety and Health at Work should play a major role in support of the platform, especially as regards the creation of an interactive knowledge bank aimed at enhancing cooperation on preventing and combating undeclared work, and in assessing the impact of undeclared work on the health and safety of workers.
Amendment 237 #
Proposal for a decision Recital 17 (17) The Platform should adopt its rules of procedure, work programmes and
Amendment 238 #
Proposal for a decision Recital 18 Amendment 239 #
Proposal for a decision Recital 19 (19) The Platform can establish working groups to examine specific issues and
Amendment 240 #
Proposal for a decision Recital 19 (19) The Platform can establish working groups to examine specific issues and should be able to rely on the expertise of professionals with specific competences. These will include a working group on identifying optimum taxation practices for encouraging a regularisation of jobs and the early and effective deterrence of undeclared work.
Amendment 241 #
Proposal for a decision Recital 20 (20) The Platform
Amendment 242 #
Proposal for a decision Recital 20 (20) The Platform will cooperate with the EU
Amendment 243 #
Proposal for a decision Recital 20 a (new) (20a) Member States shall each decide on the measures to take, and at which level of management, in order to make the results achieved by the Platform visible.
Amendment 244 #
Proposal for a decision Recital 20 a (new) (20 a) The Platform should assist the Commission in drafting the Joint Employment Report in the areas referring to the prevention and deterrence of undeclared work and to the regularisation of jobs, and provide support to the Council in adopting that Report.
Amendment 245 #
Proposal for a decision Recital 20 b (new) (20b) The Member States shall decide independently how to implement the Platform’s initiatives.
Amendment 246 #
Proposal for a decision Recital 21 (21) The Platform and its
Amendment 247 #
Proposal for a decision Recital 22 (22) The Commission will take the necessary administrative steps to set up the
Amendment 248 #
Proposal for a decision Recital 22 a (new) (22a) Participation in the Platform should be mandatory so as to ensure its effectiveness, and it should also be ensured that Member States remain responsible, at national level, for transposing and implementing the measures and initiatives adopted by the Platform.
Amendment 249 #
Proposal for a decision Article 1 – paragraph 1 (1) A European Platform to enhance
Amendment 250 #
Proposal for a decision Article 1 – paragraph 1 (1) A European Platform to enhance EU cooperation in the prevention, control and deterrence of undeclared work, and in the re
Amendment 251 #
Proposal for a decision Article 1 – paragraph 1 (1) A Platform to
Amendment 252 #
Proposal for a decision Article 1 – paragraph 1 1) A Platform to enhance EU cooperation in the prevention and
Amendment 253 #
Proposal for a decision Article 1 – paragraph 1 (1) A Platform to enhance EU cooperation in the prevention and deterrence of undeclared work, and to protect the undeclared workers who are victims of this, hereinafter referred to as ‘the Platform’, is hereby established.
Amendment 254 #
Proposal for a decision Article 1 – paragraph 1 1) A Platform to enhance EU cooperation in the prevention and deterrence of undeclared and hidden work, hereinafter referred to as ‘the Platform’, is hereby established.
Amendment 255 #
Proposal for a decision Article 1 – paragraph 1 a (new) (1a) Participation in the Platform shall be mandatory for the national authorities responsible for enforcing the applicable legislation, as designated by each of the Member States.
Amendment 256 #
Proposal for a decision Article 1 – paragraph 2 – point a (a)
Amendment 257 #
Proposal for a decision Article 1 – paragraph 2 – point a (a)
Amendment 258 #
Proposal for a decision Article 1 – paragraph 2 – point a (a)
Amendment 259 #
Proposal for a decision Article 1 – paragraph 2 – point a (a)
Amendment 260 #
Proposal for a decision Article 1 – paragraph 2 – point a (a) national enforcement authorities as nominated by all the Member States, which shall include representatives of workers’ and employers’ associations based on an equitable distribution,
Amendment 261 #
Proposal for a decision Article 1 – paragraph 2 – point b (b) the European Commission.
Amendment 262 #
Proposal for a decision Article 1 – paragraph 2 – point b a (new) (ba) one Member of the European Parliament from each of the political groups represented on its Committee on Employment and Social Affairs,
Amendment 263 #
Proposal for a decision Article 1 – paragraph 2 – point b a (new) (b a) A Member of the European Parliament from the Committee responsible.
Amendment 264 #
Proposal for a decision Article 1 – paragraph 2 – point b a (new) (b a) the European Parliament.
Amendment 265 #
Proposal for a decision Article 1 – paragraph 2 – point b a (new) (ba) representatives of the cross-industry social partners at Union level, as well as social partners in sectors with a high incidence of undeclared work,
Amendment 266 #
Proposal for a decision Article 1 – paragraph 3 – introductory part (3) The following
Amendment 267 #
Proposal for a decision Article 1 – paragraph 3 – introductory part (3) The following
Amendment 268 #
Proposal for a decision Article 1 – paragraph 3 – point a Amendment 269 #
Proposal for a decision Article 1 – paragraph 3 – point a Amendment 270 #
Proposal for a decision Article 1 – paragraph 3 – point a (a) representatives of the cross-industry social partners
Amendment 271 #
Proposal for a decision Article 1 – paragraph 3 – point a (a) representatives of appropriat
Amendment 272 #
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/hidden work
Amendment 273 #
Proposal for a decision Article 1 – paragraph 3 – point c a (new) (c a) 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 1a; 1aRegulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ 166, 30.4.2004, p. 1)
Amendment 274 #
Proposal for a decision Article 1 – paragraph 3 – point d (d) with respect to the representatives of EEA EFTA states
Amendment 275 #
Proposal for a decision Article 1 – paragraph 3 – point d a (new) (da) a representative of the Organisation for Economic Co-operation and Development (OECD).
Amendment 276 #
Proposal for a decision Article 1 – paragraph 3 – point d a (new) (d a) representatives of the European Parliament;
Amendment 277 #
Proposal for a decision Article 1 – paragraph 3 – point d a (new) (da) a representative of the European Parliament.
Amendment 278 #
Proposal for a decision Article 1 – paragraph 3 – point d a (new) (d a) the chair of the competent committee of the European Parliament;
Amendment 279 #
Proposal for a decision Article 1 – paragraph 3 – point d a (new) (d a) representatives of the Committee of Senior Labour Inspectors (SLIC);
Amendment 280 #
Proposal for a decision Article 1 – paragraph 3 – point d b (new) (d b) a representative of the Public Employment Services Network (PES);
Amendment 281 #
Proposal for a decision Article 1 – paragraph 3 – point d b (new) (d b) judicial authorities or other competent authorities for coordination and cooperation of judicial measures as appointed by the Member States;
Amendment 282 #
Proposal for a decision Article 1 – paragraph 3 – point d c (new) (d c) 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 1a; 1aRegulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ 166, 30.4.2004, p. 1).
Amendment 283 #
Proposal for a decision Article 1 – paragraph 3 – point d d (new) (d d) national, regional or Union bodies which specifically represent or defend the interest of undeclared workers;
Amendment 284 #
Proposal for a decision Article 1 – paragraph 3 a (new) (3 a) representatives of the social partners in sectors with a high incidence of undeclared work may be invited to meetings of the Platform to provide knowledge about their specific areas;
Amendment 285 #
Proposal for a decision Article 1 a (new) Article 1 a Definitions For the purpose of this Decision the ‘Regularisation of undeclared work’ means the creation of a framework or conditions to transform undeclared work into registered quality employment.
Amendment 286 #
Proposal for a decision Article 1 a (new) Article 1 a Functioning of the Platform 1. The Platform shall be chaired by two representatives of its members. They shall neither be of the same sex nor from the same Member State. 2. The chairpersons shall be assisted by two vice-chairpersons, who shall neither be of the same sex nor from the same Member State. 3. The chairpersons and the vice- chairpersons shall constitute the Bureau of the Platform. 4. The Bureau shall prepare and organise the work of the Platform in conjunction with the Commission’s services, which shall function as the secretariat of the Platform.
Amendment 287 #
Proposal for a decision Article 1 b (new) Article 1 b This Decision shall be without prejudice to ILO Labour Inspection Convention No 81.
Amendment 288 #
Proposal for a decision Article 2 – paragraph -1 (new) The Platform’s actions must be geared towards strengthening the level of checks and controls and the procedures in the Member States. Member States must on no account be forced by the Platform to reduce their level of checks and controls or reduce their effective measures.
Amendment 289 #
Proposal for a decision Article 2 – paragraph 1 – introductory part The Platform, fully respecting national competences and procedures, as set out in Article 1 (1), shall contribute to
Amendment 290 #
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 tackle successfully the complex problem of undeclared work and address its 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 to the emergence of formal jobs, hence avoiding the deterioration of quality of work, and
Amendment 291 #
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 to the emergence of formal jobs
Amendment 292 #
Proposal for a decision Article 2 – paragraph 1 – introductory part Amendment 293 #
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 their manifold implications and consequence. 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 and social inclusion by:
Amendment 294 #
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 where appropriate, to successfully tackle the complex problem of undeclared work, and their manifold implications and consequences. 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 and social inclusion by:
Amendment 295 #
Proposal for a decision Article 2 – paragraph 1 – introductory part The Platform should be able to follow the latest trends in the evolvement of undeclared work in all its forms in order to effectively control it. 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, effectively control and 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
Amendment 296 #
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 and hidden 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 297 #
Proposal for a decision Article 2 – paragraph 1 – point a (a) improving effective and close cooperation between Member States’ different enforcement
Amendment 298 #
Proposal for a decision Article 2 – paragraph 1 – point a (a)
Amendment 299 #
Proposal for a decision Article 2 – paragraph 1 – point a (a) improving close and effective cooperation between Member States’
Amendment 300 #
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
Amendment 301 #
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,
Amendment 302 #
Proposal for a decision Article 2 – paragraph 1 – point a (a) improving cooperation between Member States’ different enforcement authorities at EU level to prevent, control and deter more efficiently and effectively undeclared work, including bogus self-
Amendment 303 #
Proposal for a decision Article 2 – paragraph 1 – point a (a) improving effective and close cooperation between Member States’ different enforcement authorities and other actors involved at EU level to prevent and deter undeclared work, including bogus self-
Amendment 304 #
Proposal for a decision Article 2 – paragraph 1 – point a (a) improving effective and close cooperation between Member States’ different enforcement authorities and other actors involved at EU level to prevent and deter undeclared work, including bogus self-
Amendment 305 #
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 bogus self- employment and letter box companies, more efficiently and effectively,
Amendment 306 #
Proposal for a decision Article 2 – paragraph 1 – point b (b) improving Member States’ different enforcement
Amendment 307 #
Proposal for a decision Article 2 – paragraph 1 – point b (b) improving Member States’ different enforcement authorities’ technical capacity to tackle cross-border aspects of undeclared/hidden work,
Amendment 308 #
Proposal for a decision Article 2 – paragraph 1 – point b (b) improving Member States’ different enforcement authorities’
Amendment 309 #
Proposal for a decision Article 2 – paragraph 1 – point c c) increasing public awareness on the
Amendment 310 #
Proposal for a decision Article 2 – paragraph 1 – point c (c) increasing public awareness on the urgency of action and
Amendment 311 #
Proposal for a decision Article 2 – paragraph 1 – point c (c) increasing in a cost effective manner public awareness on the urgency of action and encouraging Member States to step up their efforts in dealing with undeclared work.
Amendment 312 #
Proposal for a decision Article 2 – paragraph 1 – point c (c) increasing public awareness on the urgency of action as well as the societal cost and encouraging Member States to step up their efforts in dealing with undeclared work.
Amendment 313 #
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 and with the movement of illegal immigrants without legal status.
Amendment 314 #
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 and protecting the unregistered workers victimised by the practice.
Amendment 315 #
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.
Amendment 316 #
Proposal for a decision Article 2 – paragraph 1 – point c a (new) (ca) proposing to the Member States specific structural reforms that they would be required to implement to prevent undeclared work, by making it less attractive, and to encourage registered employment.
Amendment 317 #
Proposal for a decision Article 2 – paragraph 1 a (new) 1 a. Based on these objectives, the Platform shall further develop into the body responsible for combatting and preventing undeclared work at the Union level. This shall involve monitoring all relevant policies as well as proposing actions to deliver on the overall objective. a) The Platform shall give its assessment of all Union actions relevant to combatting undeclared work to the European Parliament, the Council and the Commission. b) The Platform shall propose to the European Parliament, the Council and the Commission any initiative which it considers to be appropriate to encourage the effective enforcement of Union law in relation to undeclared work, working conditions, tax evasion and social protection.
Amendment 318 #
Proposal for a decision Article 2 – paragraph 1 a (new) 1a. The Platform shall also encourage the Member States to: (a) combat non-permanent employment conditions for the performance of tasks corresponding to permanent needs, promoting stable and lasting contractual conditions; (b) combat forms of undeclared and illegal work and labour trafficking; (c) combat practices involving the use of labour without any employment relationship; (d) combat the use of part-time contracts when this is not the choice of the worker concerned; (e) promote the exercise of workers’ individual and collective rights.
Amendment 319 #
Proposal for a decision Article 3 – paragraph 1 – introductory part To achieve the objectives listed in Article 2, the Platform shall, all the while respecting and safeguarding national competencies:
Amendment 320 #
Proposal for a decision Article 3 – paragraph 1 – point b (b) Develop expertise and analysis, to introduce effective control mechanisms.
Amendment 321 #
Proposal for a decision Article 3 – paragraph 1 – point c Amendment 322 #
Proposal for a decision Article 3 – paragraph 1 – point c (c)
Amendment 323 #
Proposal for a decision Article 3 – paragraph 1 – point c (c)
Amendment 324 #
Proposal for a decision Article 3 – paragraph 1 – point c a (new) (ca) Deliver opinions on matters relating to undeclared work.
Amendment 325 #
Proposal for a decision Article 3 – paragraph 1 – point c a (new) (ca) Make specific recommendations to the Member States every year.
Amendment 326 #
Proposal for a decision Article 3 – paragraph 1 – point c a (new) (ca) Outline the effects of non-action.
Amendment 327 #
Proposal for a decision Article 3 – paragraph 1 – point c a (new) (ca) Contribute to the European Semester process by engaging with the Commission and the Council in elaborating analysis and recommendations.
Amendment 328 #
Proposal for a decision Article 3 – paragraph 1 – point c a (new) (ca) Consider relevant policy matters related to the prevention and deterrence of undeclared work.
Amendment 329 #
Proposal for a decision Article 3 – paragraph 1 – point c b (new) (cb) Develop and propose effective and efficient instruments and policy actions.
Amendment 330 #
Proposal for a decision Article 4 – paragraph 1 – introductory part (1) For the execution of its mission, the platform shall in particular carry out the following
Amendment 331 #
Proposal for a decision Article 4 – paragraph 1 – introductory part (1) For the execution of its mission, the platform shall in particular carry out the following non-binding tasks:
Amendment 332 #
Proposal for a decision Article 4 – paragraph 1 – introductory part (1) For the execution of its mission, the platform shall in particular, all the while respecting and safeguarding national competencies, carry out the following tasks:
Amendment 333 #
Proposal for a decision Article 4 – paragraph 1 – point -a (new) (-a) Define new forms of undeclared work in the light of the given latest developments in the labour market in order to tackle it in all its forms,
Amendment 334 #
Proposal for a decision Article 4 – paragraph 1 – point a (a) Improve the knowledge of undeclared work
Amendment 335 #
Proposal for a decision Article 4 – paragraph 1 – point a (a) Improve the knowledge of undeclared work and of work done by illegal immigrants without legal status by means of common concepts, measurement tools and promotion of joint comparative analysis and related relevant
Amendment 336 #
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 research and related relevant indicators,
Amendment 337 #
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, as well as related legal frameworks for action, and deepen general knowledge of, and specific sectoral insight into, the precarious working conditions and unequal terms of payment and protection endured by persons in undeclared work;
Amendment 338 #
Proposal for a decision Article 4 – paragraph 1 – point a a (new) (aa) Improve the transition from the informal to the formal economy, while respecting fundamental rights of workers and ensuring employment, income security, social protection and other social policies,
Amendment 339 #
Proposal for a decision Article 4 – paragraph 1 – point a a (new) (aa) Improve the knowledge and mutual understanding of the different national systems and practices relating to fighting undeclared work and the methods and legal framework for action.
Amendment 340 #
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,
Amendment 341 #
Proposal for a decision Article 4 – paragraph 1 – point a b (new) (ab) Develop recommendations on the prevention of the informalisation of formal economy jobs by promoting declared work and decent jobs,
Amendment 342 #
Proposal for a decision Article 4 – paragraph 1 – point a b (new) (ab) Examine the relation between the financial situation of the member-states and its effects to undeclared work.
Amendment 343 #
Proposal for a decision Article 4 – paragraph 1 – point a c (new) (ac) Promote data and information exchanges between Member States in order to provide guidance on the different forms of atypical employment and self- employment, because it is necessary to clearly identify bogus self-employment leading to abuses of workers' social rights, distortions of competition and social dumping;
Amendment 344 #
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
Amendment 345 #
Proposal for a decision Article 4 – paragraph 1 – point b (b)
Amendment 346 #
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 as well as the effectiveness and consequences of different policy measures aimed at promoting the regularisation of work,
Amendment 347 #
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, also addressing procedures facilitating the declaration of work as well as support for the concerned workers where required.
Amendment 348 #
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; furthermore analyse why there are Member States and regions with less undeclared work than others,
Amendment 349 #
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 and work done by illegal immigrants without legal status, including preventive and punitive as well as deterrence measures in general,
Amendment 350 #
Proposal for a decision Article 4 – paragraph 1 – point b a (new) (ba) Develop a range of specific tools to make undeclared work less attractive,
Amendment 351 #
Proposal for a decision Article 4 – paragraph 1 – point b a (new) (ba) Develop tools, with a view to securing a stable and predictable legal framework, like avoiding excessive taxation in labour, using methods like tax incentives and simplified systems for the payment of tax and social security obligations in order to give employers' incentives to refrain from undeclared work practices;
Amendment 352 #
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 to promote the regularisation of jobs,
Amendment 353 #
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
Amendment 354 #
Proposal for a decision Article 4 – paragraph 1 – point c (c) Establish efficient tools, for instance an interactive knowledge bank of different practices/measures
Amendment 355 #
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, in order to identify new possibilities for political initiatives;
Amendment 356 #
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 work done by illegal immigrants without legal status,
Amendment 357 #
Proposal for a decision Article 4 – paragraph 1 – point c (c) Establish efficient tools, for instance a knowledge bank of different practices/measures, including bilateral agreements used in the Member States to deter and prevent undeclared work,
Amendment 358 #
Proposal for a decision Article 4 – paragraph 1 – point d (d)
Amendment 359 #
Proposal for a decision Article 4 – paragraph 1 – point d (d)
Amendment 360 #
Proposal for a decision Article 4 – paragraph 1 – point d (d) Adopt
Amendment 361 #
Proposal for a decision Article 4 – paragraph 1 – point d (d)
Amendment 362 #
Proposal for a decision Article 4 – paragraph 1 – point d (d)
Amendment 363 #
Proposal for a decision Article 4 – paragraph 1 – point d (d) Adopt
Amendment 364 #
Proposal for a decision Article 4 – paragraph 1 – point d (d) Adopt non-binding guidelines for inspectors, handbooks of good practice and common principles of inspections to tackle undeclared work
Amendment 365 #
Proposal for a decision Article 4 – paragraph 1 – point d (d) Adopt non-binding guidelines for inspectors, handbooks of good practice and common principles of inspections to tackle undeclared work and work done by illegal immigrants without legal status,
Amendment 366 #
Proposal for a decision Article 4 – paragraph 1 – point e Amendment 367 #
Proposal for a decision Article 4 – paragraph 1 – point e (e) Develop forms of cooperation increasing the technical capacity to tackle cross-border aspects of undeclared work
Amendment 368 #
Proposal for a decision Article 4 – paragraph 1 – point e (e) Develop forms of close and effective cooperation increasing the
Amendment 369 #
Proposal for a decision Article 4 – paragraph 1 – point e (e) Develop forms of close and effective cooperation increasing the
Amendment 370 #
Proposal for a decision Article 4 – paragraph 1 – point e (e) Develop forms of cooperation increasing the technical capacity to tackle cross-border aspects of undeclared work by adopting a common framework for joint operations for inspections and exchange of staff and developing a common database of membership of the Member States’ various social security schemes,
Amendment 371 #
Proposal for a decision Article 4 – paragraph 1 – point e (e) Develop forms of cooperation increasing the technical capacity to tackle cross-border aspects of undeclared work by adopting a common framework for joint operations for inspections and exchange of staff
Amendment 372 #
Proposal for a decision Article 4 – paragraph 1 – point e (e) Develop forms of cooperation increasing the technical capacity to tackle cross-border aspects of undeclared work and work done by illegal immigrants without legal status by adopting a common framework for joint
Amendment 373 #
Proposal for a decision Article 4 – paragraph 1 – point e a (new) (ea) Make recommendations to the Commission based on the impact on undeclared work of the legislation in force on the posting of workers,
Amendment 374 #
Proposal for a decision Article 4 – paragraph 1 – point e a (new) (ea) Increasing the capacity of enforcement bodies to better tackle cross- border aspects including sufficient staff resources, training and financial resources.
Amendment 375 #
Proposal for a decision Article 4 – paragraph 1 – point e a (new) (ea) develop a framework for enforcement activities, including their duration, frequency and subject-matter,
Amendment 376 #
Proposal for a decision Article 4 – paragraph 1 – point f (f) Examine ways to
Amendment 377 #
Proposal for a decision Article 4 – paragraph 1 – point f (f)
Amendment 378 #
Proposal for a decision Article 4 – paragraph 1 – point f (f) Examine ways to improve data sharing
Amendment 379 #
Proposal for a decision Article 4 – paragraph 1 – point f (f) Examine ways to develop a reliable and efficient system of rapid information exchange and improve data sharing in compliance with the Union data protection rules, including exploring possibilities to use of the Internal Market Information System (IMI) and the Electronic Exchange of Social Security Information (EESSI).
Amendment 380 #
Proposal for a decision Article 4 – paragraph 1 – point f a (new) (fa) Contribute to the identification of Union provisions which may be susceptible to be abused or improperly used with regard to undeclared work.
Amendment 381 #
Proposal for a decision Article 4 – paragraph 1 – point g (g) Develop and improve the permanent training capacity for enforcement authorities and adopt a common framework for carrying out joint trainings
Amendment 382 #
Proposal for a decision Article 4 – paragraph 1 – point g a (new) (ga) draw up and publish information to facilitate the activities of relevant authorities, in particular national labour inspection systems,
Amendment 383 #
Proposal for a decision Article 4 – paragraph 1 – point g a (new) (ga) Identify weaknesses in the enforcement of Union legislation that can lead to abuse related to undeclared work, in particular bogus self-employment and letter box companies, and report these without delay to the Commission, the European Parliament, the Council and all other relevant stakeholders,
Amendment 384 #
Proposal for a decision Article 4 – paragraph 1 – point h (h) Organise peer reviews to follow Member States progress when fighting undeclared work
Amendment 385 #
Proposal for a decision Article 4 – paragraph 1 – point h (h) Organise peer reviews to follow Member States progress when fighting undeclared work, including support for the implementation of country-specific recommendations related to fight or prevent undeclared work issued by the Council and trigger, where appropriate, corrective action.
Amendment 386 #
Proposal for a decision Article 4 – paragraph 1 – point h (h) Organise peer reviews to follow Member States’ progress when fighting undeclared work and work done by illegal immigrants without legal status, including support for the implementation of country- specific recommendations
Amendment 387 #
Proposal for a decision Article 4 – paragraph 1 – point h (h) Organise peer reviews to follow Member States’ progress when fighting undeclared work, including support for the implementation of country-specific recommendations
Amendment 388 #
Proposal for a decision Article 4 – paragraph 1 – point h a (new) (ha) Assist the Commission in drafting the Joint Employment Report in the areas referring to the prevention and deterrence of undeclared work and to the regularisation of jobs, and provide support to the Council in adopting that Report.
Amendment 389 #
Proposal for a decision Article 4 – paragraph 1 – point h b (new) (hb) Put forward its recommendations with regard to the prevention and deterrence of undeclared work and to the regularisation of jobs to the competent committee of the European Parliament when drafting its opinions on the 'European Semester for economic policy coordination: employment and social aspects in the Annual Growth Survey' and the 'European Semester for economic policy coordination: implementation of priorities' for the current year.
Amendment 390 #
Proposal for a decision Article 4 – paragraph 1 – point i a (new) (ia) Examine ways that will reduce the regulatory burden on employers and employees to comply with labour market, tax and employment laws;
Amendment 391 #
Proposal for a decision Article 4 – paragraph 1 – i a (new) (ia) Draw up proposals for more effective instruments and rules to reduce the amount of undeclared work and opinions on legislative and administrative initiatives where such initiatives might have an impact on undeclared work.
Amendment 392 #
Proposal for a decision Article 4 – paragraph 1 – point i b (new) (ib) Draw up 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 393 #
Proposal for a decision Article 4 – paragraph 1 a (new) (1a) Draw up a methodology for measuring undeclared work and collecting quality data on this phenomenon.
Amendment 394 #
Proposal for a decision Article 4 – paragraph 2 (2) In carrying out its tasks, the Platform
Amendment 395 #
Proposal for a decision Article 4 – paragraph 2 (2) In carrying out its tasks, the Platform will 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 the experience of relevant bilateral agreements. It will establish appropriate cooperation with Eurofound, in particular with regard to the development of an interactive knowledge bank and EU-OSHA.
Amendment 396 #
Proposal for a decision Article 5 – paragraph 1 (1) Each Member State shall appoint one single point of contact
Amendment 397 #
Proposal for a decision Article 5 – paragraph 2 (2) In appointing their representatives, Member States should involve all public authorities and representatives of the social partners having a role in the prevention and/or deterrence of undeclared work, such as labour inspectorates, social security authorities, tax authorities, employment services and migration authorities,
Amendment 398 #
Proposal for a decision Article 5 – paragraph 2 (2) In appointing
Amendment 399 #
Proposal for a decision Article 5 – paragraph 2 (2) In appointing their
Amendment 400 #
Proposal for a decision Article 5 – paragraph 2 (2) In appointing their representatives, Member States
Amendment 401 #
Proposal for a decision Article 5 – paragraph 2 (2) In appointing their representatives, Member States should involve all
Amendment 402 #
Proposal for a decision Article 5 – paragraph 2 (2) In appointing their representatives, Member States should involve all public authorities having a role in
Amendment 403 #
Proposal for a decision Article 5 – paragraph 2 (2) In appointing their representatives, Member States should involve all public authorities having, in their view, a role in the prevention and/or deterrence of undeclared work, such as labour inspectorates, social security authorities, tax authorities, employment services and migration authorities, hereinafter referred to as "enforcement authorities". They may also, in accordance with national law and/or practice, involve the social partners.
Amendment 404 #
Proposal for a decision Article 5 – paragraph 2 (2) In appointing their representatives, Member States should involve all public authorities having a role in the prevention and/or deterrence of undeclared work, such as labour inspectorates, social security authorities, tax authorities
Amendment 405 #
Proposal for a decision Article 5 – paragraph 2 (2) In appointing their representatives, Member States sh
Amendment 406 #
Proposal for a decision Article 5 – paragraph 2 (2) In appointing their representatives, Member States should involve all public authorities having a role in the prevention and/or deterrence of undeclared and hidden work, such as labour inspectorates, social security authorities, tax authorities, employment services and migration authorities, hereinafter referred to as
Amendment 407 #
Proposal for a decision Article 5 – paragraph 2 – subparagraph 1 a (new) In accordance with national legislation, regional authorities shall be involved in appointing representatives as members of the Platform.
Amendment 408 #
Proposal for a decision Article 5 – paragraph 2 a (new) (2a) The single point of contact may participate in the plenary meetings of the Platform and, when appropriate, in other activities and working groups of the Platform.
Amendment 409 #
Proposal for a decision Article 5 – paragraph 3 (3) Member States shall provide the Commission with the list and contact details of all
Amendment 410 #
Proposal for a decision Article 5 – paragraph 3 (3) Member States shall provide the Commission with the list and contact details of all enforcement authorities which are involved in
Amendment 411 #
Proposal for a decision Article 5 – paragraph 3 (3) Member States shall provide the Commission with the list and contact details of all enforcement authorities and, in accordance with national law or practice, the social partners and other actors, which are involved in the prevention and/or deterrence of undeclared work or in the regularisation of jobs.
Amendment 412 #
Proposal for a decision Article 5 – paragraph 3 (3) Member States shall provide the Commission with the list and contact details of all enforcement authorities which are involved in the prevention and/or deterrence of undeclared and hidden work.
Amendment 413 #
Proposal for a decision Article 5 – paragraph 4 Amendment 414 #
Proposal for a decision Article 5 – paragraph 4 (4) Single points of contact shall liaise with all enforcement authorities which are involved in
Amendment 415 #
Proposal for a decision Article 5 – paragraph 4 (4) Single points of contact shall liaise with all enforcement authorities which are involved in the prevention and/or deterrence of undeclared and hidden work regarding the activities of the Platform and guarantee
Amendment 416 #
Proposal for a decision Article 6 – paragraph 1 (1) Representatives of the social partners at cross-industry level
Amendment 417 #
Proposal for a decision Article 6 – paragraph 1 (1) Representatives of the social partners at cross-industry level, as well as from sectors with high incidence of undeclared work
Amendment 418 #
Proposal for a decision Article 6 – paragraph 1 (1) Representatives of the social partners at cross-industry level, as well as from sectors with either a high incidence of undeclared work
Amendment 419 #
Proposal for a decision Article 6 – paragraph 1 (1) 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, according to the procedures determined by their organisations. Their participation improves network-building and cooperation in the joint fight against undeclared work.
Amendment 420 #
Proposal for a decision Article 6 – paragraph 1 (1) Representatives of the relevant 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, according to the procedures determined by their organisations.
Amendment 421 #
Proposal for a decision Article 6 – paragraph 1 (1) Representatives of the social partners at cross-industry level, as well as from sectors with high incidence of undeclared/hidden work may attend meetings of the Platform as observers, according to the procedures determined by their organisations.
Amendment 422 #
Proposal for a decision Article 6 – paragraph 2 – introductory part (2) On the basis of the proposals from cross-industry and sectoral social partners
Amendment 423 #
Proposal for a decision Article 6 – paragraph 2 – introductory part (2) On the basis of the proposals from cross-industry and sectoral social partners at Union level, this group of
Amendment 424 #
Proposal for a decision Article 6 – paragraph 2 – point a (a) A maximum of 8
Amendment 425 #
Proposal for a decision Article 6 – paragraph 2 – point a (a)
Amendment 426 #
Proposal for a decision Article 6 – paragraph 2 – point a (a) A maximum of 8
Amendment 427 #
Proposal for a decision Article 6 – paragraph 2 – point b (b) A maximum of 10
Amendment 428 #
Proposal for a decision Article 6 – paragraph 2 – point b (b)
Amendment 429 #
Proposal for a decision Article 6 – paragraph 2 – point b (b) A maximum of 10
Amendment 430 #
Proposal for a decision Article 6 – paragraph 2 – point b (b) A maximum of 10 observers representing social partners in sectors with either a high incidence of undeclared work or a particular role in the prevention and deterrence of undeclared work (divided evenly between employers' and workers' organisations).
Amendment 431 #
Proposal for a decision Article 6 – paragraph 2 – point b (b) A maximum of 10 observers representing social partners in sectors with a high incidence of undeclared/hidden work (divided evenly between employers’ and workers’ organisations).
Amendment 432 #
Proposal for a decision Article 6 – paragraph 2 – point b a (new) (ba) Representatives of bodies which specifically represent or defend the interest of undeclared workers.
Amendment 433 #
Proposal for a decision Article 7 – paragraph 1 (1) The
Amendment 434 #
Proposal for a decision Article 7 – paragraph 1 (1) The Commission shall coordinate the work of the Platform and co-chair its meetings. The members shall elect from among their number another co-chair of equal standing, as well as two substitutes.
Amendment 435 #
Proposal for a decision Article 7 – paragraph 1 (1) The Commission
Amendment 436 #
Proposal for a decision Article 7 – paragraph 1 (1) The Commission shall coordinate the work of the Platform
Amendment 437 #
Proposal for a decision Article 7 – paragraph 1 (1) The Commission shall coordinate the work of the Platform
Amendment 438 #
Proposal for a decision Article 7 – paragraph 1 a (new) (1a) An independent chair shall be appointed to lead the Platform's meetings. If no suitable person can be found within a reasonable period, the Commission may chair the Platform's meetings.
Amendment 439 #
Proposal for a decision Article 7 – paragraph 1 a (new) (1a) The Commission should ensure that duplication of the Platform with existing instruments, initiatives or forms of cooperation at national or European level, is avoided;
Amendment 440 #
Proposal for a decision Article 7 – paragraph 2 – introductory part (2) For the execution of its mission, the Platform
Amendment 441 #
Proposal for a decision Article 7 – paragraph 2 – point a (a)
Amendment 442 #
Proposal for a decision Article 7 – paragraph 2 – point a a (new) (aa) elect its chair and two vice-chairs among the members of the Platform who shall constitute the board of the Platform and shall coordinate its activities;
Amendment 443 #
Proposal for a decision Article 7 – paragraph 2 – point a a (new) (aa) elect its chair and two vice-chairs among the members of the Platform who shall constitute the board of the Platform, this board shall be elected for a duration of 1 year with the possibility of being re- elected.
Amendment 444 #
Proposal for a decision Article 7 – paragraph 2 – point a a (new) (aa) a decision on the election of the chair of the Platform.
Amendment 445 #
Proposal for a decision Article 7 – paragraph 2 – point b (b) a
Amendment 446 #
Proposal for a decision Article 7 – paragraph 4 (4) The Platform shall be assisted by a Secretariat provided by the Commission. The Secretariat shall prepare the meetings,
Amendment 447 #
Proposal for a decision Article 7 – paragraph 4 a (new) (4a) The Platform is accountable at EU level to the Employment, Social Policy, Health and Consumer Affairs Council (EPSCO) and to the competent committee of the European Parliament.
Amendment 448 #
Proposal for a decision Article 7 – paragraph 4 a (new) (4a) The Platform shall submit an annual report on its activities to the Commission, the competent parliamentary committee and the Council, containing indicators regarding the extent of undeclared work at both Union and Member State level, including its impact on national economies and trends in these indicators.
Amendment 449 #
Proposal for a decision Article 7 – paragraph 5 (5) The
Amendment 450 #
Proposal for a decision Article 7 – paragraph 5 (5) The
Amendment 451 #
Proposal for a decision Article 7 – paragraph 5 (5)
Amendment 452 #
Proposal for a decision Article 7 – paragraph 5 (5) The Commission shall
Amendment 453 #
Proposal for a decision Article 7 – paragraph 5 (5) The Commission shall inform
Amendment 454 #
Proposal for a decision Article 7 – paragraph 5 a (new) 5a. The Commission shall produce an annual report monitoring and evaluating the Platform’s activities and shall forward it to the European Parliament and the Council.
Amendment 455 #
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 Employment Committee (EMCO), the Social Protection Committee (SPC) and the Working Group on Administrative Cooperation in the field of Taxation.
Amendment 456 #
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, 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 457 #
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/hidden work, in particular the Senior Labour Inspectors Committee (SLIC), the Expert Committee on Posting of Workers, the Administrative Commission for Social Security Coordination, 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 458 #
Proposal for a decision Article 8 – paragraph 1 a (new) In addition, the Platform shall study the possibility of establishing a European agency for cross-border issues related to the abuse of employment protection rules and undeclared work, the tasks of which might include identifying letterbox companies, monitoring transnational service providers, introducing further training programmes for labour inspectors, identifying new ways of circumventing the rules and organising cross-border checks;
Amendment 459 #
Proposal for a decision Article 8 – paragraph 1 a (new) The Platform should cooperate with, and foster the development of, the European Employment Services (EURES) network because increased knowledge about job vacancies would be conducive to the growth of registered employment.
Amendment 460 #
Proposal for a decision Article 8 – paragraph 1 a (new) The Platform shall, where possible, refrain from the duplication by works already undertaken be these other bodies and it shall instead coordinate with them towards the sharing of information.
Amendment 461 #
Proposal for a decision Article 9 – paragraph 1 The Commission shall reimburse travel and, where appropriate, subsistence expenses for
Amendment 462 #
Proposal for a decision Article 11 – paragraph 1 Amendment 463 #
Proposal for a decision Article 11 – paragraph 1 Four years after its entry into force, the Commission shall submit a report on the application and the added value of this Decision to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Region
Amendment 464 #
Proposal for a decision Article 11 – paragraph 1 Four years after its entry into force, the Commission shall submit a report, after consultation with the Platform, on the application of this Decision to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. The report shall in particular assess to what extent the Platform has contributed to the achievement of the objectives set out in Article 2 and fulfilled the tasks as set out in Article 3 and in work programmes of the Platform.
Amendment 465 #
Proposal for a decision Article 11 – paragraph 1 Four years after its entry into force, the Commission
Amendment 466 #
Proposal for a decision Article 11 a (new) Article 11 a Defence of rights Persons bringing cases of undeclared work to the attention of the Platform, either directly or via national enforcement authorities shall be protected against any unfavourable treatment by their employer.
Amendment 72 #
Proposal for a decision Title 1 on establishing a European Platform to enhance Member States’ cooperation in the prevention and deterrence of undeclared work
Amendment 73 #
Proposal for a decision Title 1 on establishing a European Platform to enhance cooperation in the prevention and deterrence of undeclared or hidden work
Amendment 74 #
Proposal for a decision Title 1 on establishing a European Platform to enhance cooperation in the prevention, control and deterrence of undeclared work
Amendment 75 #
Proposal for a decision Title 1 on establishing a European Platform to enhance cooperation in the prevention of and
Amendment 76 #
Proposal for a decision Citation 1 Having regard to the Treaty on the Functioning of the European Union, and in particular Article
Amendment 77 #
Draft legislative resolution Citation 8 a (new) - having regard to the Commission Communication COM(2007)628 on ‘stepping up the fight against the undeclared work’
Amendment 78 #
Proposal for a decision Recital 1 (1) In its Communication of 18 April 201224 , the Commission highlighted the need for improved cooperation among Member States and announced the launch of consultations on setting up a
Amendment 79 #
Proposal for a decision Recital 1 (1) In its Communication of 18 April 201224, the Commission 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 authorities to combat undeclared and hidden work, aimed at improving cooperation, sharing best practices and identifying common principles for inspections. __________________ Communication from the Commission ‘Towards a job-rich recovery’, COM(2012) 173 final of 18 April 2012 :http://ec.europa.eu/social/main.jsp?langId =en&catId=101&newsId=1270&furtherNe ws=yes.
Amendment 80 #
Proposal for a decision Recital 1 (1) In its Communication of 18 April 201224, the Commission highlighted the need for improved cooperation among Member States and announced the launch
Amendment 81 #
Proposal for a decision Recital 2 Amendment 82 #
Proposal for a decision Recital 2 (2) In accordance with Article 148(4) of the Treaty, the Council by Decision 2010/707/EU25 adopted guidelines26 for the employment policies of the Member States. These integrated guidelines give orientations to the Member States on defining their national reform programmes and on implementing reforms. The employment guidelines form the basis for country-specific recommendations that the Council addresses to the Member States under that Article. In recent years, those country-specific recommendations have included
Amendment 83 #
Proposal for a decision Recital 2 (2) In accordance with Article 148(4) of the Treaty, the Council by Decision 2010/707/EU25 adopted guidelines26 for the employment policies of the Member States. These integrated guidelines give orientations to the Member States on defining their national reform programmes and on implementing reforms. The employment guidelines form the basis for country-specific recommendations that the Council addresses to the Member States under that Article. In recent years, those recommendations have included country- specific recommendations on the fight against undeclared or hidden work. __________________ 25 Council Decision 2010/707/EU of 21 October 2010 on guidelines for the employment policies of the Member States (OJ L 308, 24.11.2010, p. 46) 26 The guidelines have been maintained for 2011, 2012 and 2013.
Amendment 84 #
Proposal for a decision Recital 3 (3) Article 151 of the Treaty on the Functioning of the European Union (TFEU) sets out as the objectives in the field of social policy the promotion of employment and improved living and working conditions. With a view to achieving these objectives, the Union can support and complement the activities of Member States in the fields of health and safety at work, working conditions, the integration of persons excluded from the labour market, and
Amendment 85 #
Proposal for a decision Recital 3 (3) Article 151 of the Treaty sets out as objectives in the field of social policy the promotion of employment and improved living and working conditions. With a view to achieving these objectives, the Union can support and complement the activities of Member States in the fields of health and safety at work, working conditions, the integration of persons excluded from the labour market and the combating of social exclusion. The Union may adopt measures to encourage cooperation between Member States, excluding any harmonisation of the laws and regulations of the Member States.
Amendment 86 #
Proposal for a decision Recital 4 (4) The European Parliament in its resolution on ‘Effective labour inspections as a strategy to improve working conditions in Europe’ welcomed the Commission’s initiative to create a European Platform (‘the Platform’) and called for stronger enhanced cooperation at
Amendment 87 #
Proposal for a decision Recital 4 (4) The European Parliament in its resolution on ‘Effective labour inspections as a strategy to improve working conditions in Europe’ welcomed the Commission’s initiative to create a European Platform and called for enhanced cooperation at EU level to
Amendment 88 #
Proposal for a decision Recital 4 (4) The European Parliament in its resolution on ‘Effective labour inspections as a strategy to improve working conditions in Europe’ welcomed the Commission’s initiative to create a European Platform and called for enhanced cooperation at EU level to fight undeclared work27, which leads to unfair competition that distorts the market, damages the European economy and results in an increasing lack of social and employment protection for workers. __________________ 27 European Parliament resolution of 14 January 2014 on effective labour inspections as a strategy to improve working conditions in Europe (2013/2112/INI) http://www.europarl.europa.eu/oeil/popups /ficheprocedure.do?lang=en&reference=20
Amendment 89 #
Proposal for a decision Recital 4 (4) The European Parliament in its resolution on ‘Effective labour inspections as a strategy to improve working conditions in Europe’ welcomed the Commission’s initiative to create a European Platform and called for enhanced cooperation at EU level to fight undeclared work and to exchange experiences and good practices, to provide up-to-date, objective, reliable and comparative information, to enhance cross-border cooperation and to identify and keep a record of letter-box companies and similar operations27 . __________________ 27 European Parliament resolution of 14 January 2014 on effective labour inspections as a strategy to improve working conditions in Europe (2013/2112/INI) http://www.europarl.europa.eu/oeil/popups /ficheprocedure.do?lang=en&reference=20 13/2112(INI)
Amendment 90 #
Proposal for a decision Recital 4 (4) The European Parliament in its resolution on ‘Effective labour inspections as a strategy to improve working conditions in Europe’ welcomed the Commission’s initiative to create a European Platform and called for enhanced cooperation at EU level to fight undeclared or hidden work27. __________________ 27 European Parliament resolution of 14 January 2014 on effective labour inspections as a strategy to improve working conditions in Europe (2013/2112/INI) http://www.europarl.europa.eu/oeil/popups /ficheprocedure.do?lang=en&reference=20 13/2112(INI).
Amendment 91 #
Proposal for a decision Recital 4 a (new) (4a) Parliament notes that, in order effectively to prevent and discourage undeclared work, Member States must give priority to developing their economic and fiscal policies in order to make social security contributions fraud less attractive and encourage job regularisation.
Amendment 92 #
Proposal for a decision Recital 4 a (new) (4a) The European Parliament in its Resolution on the ‘Employment and Social Aspects of the EU2020 Strategy’ stressed that employment and social considerations should be put on a par with macroeconomic ones in the procedure of the European Semester.
Amendment 93 #
Proposal for a decision Recital 4 a (new) (4a) In the 2015 Draft Budget, Parliament proposed a pilot project on the feasibility of an EU social security card – a forgery- proof electronic document 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 94 #
Proposal for a decision Recital 4 a (new) (4a) The work of the Platform needs to respect in particular Articles 5, 15, 28 and 31 of the Charter of Fundamental Rights of the European Union, as well as ILO Convention No. 81 and ILO Recommendation No. 198.
Amendment 95 #
Proposal for a decision Recital 5 (5) At E
Amendment 96 #
Proposal for a decision Recital 5 (5) At European level, undeclared or hidden work is defined as ‘any paid activities that are lawful as regards their nature but not declared to public authorities, taking into account differences in the regulatory systems of the Member States’28, thus excluding all illegal activities. __________________ 28 Communication from the Commission ‘Stepping up the fight against undeclared work’ COM (2007)628 of 24 October 2007
Amendment 97 #
Proposal for a decision Recital 5 (5) At European level undeclared work is defined as ‘any paid activities that are lawful as regards their nature but not declared to public authorities, taking
Amendment 98 #
Proposal for a decision Recital 5 (5) At European level undeclared work is actually defined as ‘any paid activities that are lawful as regards their nature but not declared to public authorities, taking into account differences in the regulatory systems of the Member States’28 , thus excluding all illegal activities; this definition though dating from 1998 28 a has to be adequately adjusted as to follow all latest developments and evolutions in the labour markets. __________________ 28 Communication from the Commission ‘Stepping up the fight against undeclared work’ COM (2007)628 of 24 October 2007 http://eur- lex.europa.eu/LexUriServ/LexUriServ.do? uri=CELEX:52007DC0628:EN:HTML 28 aCOM(1998)219 Communication from the Commission on undeclared work
Amendment 99 #
Proposal for a decision Recital 5 a (new) (5a) Undeclared work can take different forms, depending on the Member State. Definitions of undeclared work vary between the Member States, as do national regulations. Consequently, the steps to be taken must be tailored to fit the situation in each Member State.
source: 544.465
2015/05/06
EMPL
49 amendments...
Amendment A #
Proposal for a regulation Title Decision of the European Parliament and of the Council on establishing a European platform to enhance cooperation in t
Amendment AA #
Proposal for a regulation Recital 15a (new) (15a) The senior representatives should liaise with all enforcement bodies which are involved in the tackling of undeclared work regarding the activities of the Platform thereby involving all stakeholders and facilitating their contribution to the activities of the Platform or its working groups if issues discussed involve their field of competence.
Amendment AB #
Proposal for a regulation Recital 16 16a. Eurofound should play a central role in the creation of an interactive knowledge bank aimed at enhancing cooperation in tackling undeclared work, and in assessing the impact of undeclared work on the health and safety of workers.
Amendment AC #
Proposal for a regulation Recital 20 (20) The Platform
Amendment AD #
Proposal for a regulation Recital 20a (new) (20a) The work of the Platform should provide input to the Commission's Joint Employment Report, regarding the tackling of undeclared work.
Amendment AE #
Proposal for a regulation Article 1 – paragraph 1 (1) A European Platform to enhance
Amendment AF #
Proposal for a regulation Article 1 – paragraph 2 (2) The Platform shall be composed of: (a)
Amendment AG #
Proposal for a regulation Article 1 – paragraph 2 – point b (a) new (a)
Amendment AH #
Proposal for a regulation Article 1 – paragraph 3 – introductory part (3) The following
Amendment AI #
Proposal for a regulation Article 1 – paragraph 3 – point a (new) (a) the rules of procedure, containing, inter alia, the decision-making arrangements of the Platform as well as provisions for enhanced observer participation of social partners in the functioning of the platform,
Amendment AJ #
Proposal for a regulation Article 1 – paragraph 3 – points b (new),c,d (ba) a representative of the Committee of Senior Labour Inspectors (SLIC), (bb) 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, (bc) a representative of the Public Employment Services Network (PES) (bc) a representative of the European Economic and Social Committee (EESC), and a representative of the Committee of the Regions (CoR), (bd) a representative of the Organisation for Economic Co-operation and Development (OECD) (c) a representative of the International Labour Organisation (ILO), (d) a representative
Amendment AK #
Proposal for a regulation Article 1a (new) Definitions 1a. For the purpose of this Decision ‘tackling of undeclared work’ means the prevention, deterrence and combating of undeclared work as well as the encouraging and promoting of declared work.
Amendment AL #
Proposal for a regulation Article 2 Objectives Objectives The overriding objective of the Platform shall be to provide value-added input at Union level to Member States' and Union institutions' efforts to successfully tackle the complex problem of undeclared work and its manifold implications and consequences including the encouraging and promoting of declared work. The Platform, as set out in Article 1 (1), shall to that end contribute to an improvement and better enforcement of EU and national law, to the reduction of undeclared work and the emergence of formal jobs
Amendment AM #
Proposal for a regulation Article 3 – paragraph 1 – point c (ca) Contribute to a horizontal understanding of matters related to undeclared work
Amendment AN #
Proposal for a regulation Article 4 Tasks (1) For the execution of its mission, the platform shall in particular carry out the following tasks: (a) Improve the knowledge of all forms of undeclared work
Amendment AO #
Proposal for a regulation Article 4 – paragraph 1 – point fa (new) (fa) contribute to the identification of areas related to undeclared work where Union legislation is not achieving its intended objectives, with a particular focus on provisions regarding the posting of workers as well as phenomena such as bogus self-employment and letter box companies.
Amendment AP #
Proposal for a regulation Article 4 – paragraph 1 – point g (g) Develop and improve the permanent training capacity for enforcement authorities and adopt a common framework for carrying out joint trainings, in order to help Member States to fulfil their obligations, amongst others those under ILO Labour Inspection Convention No 81.
Amendment AQ #
Proposal for a regulation Article 4 – paragraph 2a (new) (2 a) The Platform shall establish appropriate cooperation with Eurofound, particularly with regard to the development of an interactive knowledge bank, as an additional task of the agency, as well as with EU-OSHA.
Amendment AR #
S
Amendment AS #
Proposal for a regulation Article 6 (a) the rules of procedure, containing, inter alia, the decision-making arrangements of the Platform
Amendment AT #
Proposal for a regulation Article 7 Operation (1) The Commission shall coordinate the work of the Platform and
Amendment AU #
Proposal for a regulation Article 7 – paragraph 4a (new) 4a. The work of the platform shall be conducted in accordance with the principle of transparency as laid down in Article 15 TFEU.
Amendment AV #
Proposal for a regulation Article 8 Cooperation (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, the Employment Committee (EMCO), the Social Protection Committee (SPC) and the Working Group on Administrative Cooperation in the field of Taxation.
Amendment AW #
Review Four years after its entry into force, the Commission shall submit a report
Amendment B #
Proposal for a regulation Recital 3 (3) Article 151 of the Treaty on the Functioning of the European Union (TFEU) sets out as the objectives in the field of social policy the promotion of employment and improved living and working conditions. With a view to achieving these objectives, the Union can support and complement the activities of Member States in the fields of health and safety at work, working conditions, the integration of persons excluded from the labour market, and
Amendment C #
Proposal for a regulation Recital 4 (4) The European Parliament in its resolution on
Amendment D #
Proposal for a regulation Recital 4 a (new) (4a) The establishment of the European Platform should be without prejudice to Member States’ competences and/or obligations to tackle undeclared work as well as to the ILO Labour Inspection Convention No 81. Member States and their enforcement bodies play a crucial role in effectively preventing, tracking and sanctioning undeclared work. The work of the Platform should therefore not prevent rigid checks or other activities by Member States to fight against the black economy but rather support measures to encourage and promote declared work and curb social security fraud.
Amendment E #
Proposal for a regulation Recital 5 (5) At European level undeclared work is currently defined as
Amendment F #
(5a) Enhanced cooperation in tackling undeclared work should contribute to a level playing field and benefit those economic actors who do not resort to undeclared work. The scope of the European Platform should extend to all existing forms of undeclared work without distinction with the aim to extricate Europe from the black economy, create quality and sustainable employment, boost economic recovery and achieve the Unions employment and social objectives.
Amendment G #
Proposal for a regulation Recital -6 a (new) (-6a) The undeclared economy is considerable in size, being equivalent to over 18 % of the Union's GDP. However, it varies significantly across Member States, ranging from below 8% to over 30% of GDP. According to Eurofound, there is also a clear north-south and east- west divide within the EU1 a __________________ 1aEurofound report on Combating Undeclared Work in 27 European Union Member States and Norway (2013).
Amendment H #
Proposal for a regulation Recital 6 (6)
Amendment I #
Proposal for a regulation Recital 6b (new) (6b) Domestic and cross-border undeclared work are two distinctive forms of undeclared work. Undeclared work can contribute to the phenomenon known as social dumping, including salary reductions in the Member States where the services are offered.
Amendment J #
Proposal for a regulation Recital 6c (new) (6c) Undeclared work has serious implications for the workers concerned, who find themselves having to accept precarious and sometimes hazardous working conditions, much lower wages, severe infringements of labour rights 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. The situation is even more serious in the case of minors.
Amendment K #
Proposal for a regulation Recital 7 (7)
Amendment L #
Proposal for a regulation Recital 8 (8)
Amendment M #
Proposal for a regulation Recital 8 a (new) (8a) Over the past several years there has also been a perceptible uptake of an enabling approach that encourages and promotes declared work. An interactive knowledge bank, such as the one developed by Eurofound, could help Member States to identify new approaches in that respect.
Amendment N #
Proposal for a regulation Recital 8 a (new) (8a) Member States have also concluded bilateral agreements and carried out multilateral projects on certain aspects of undeclared work. The Platform should accompany those actions and help to improve the application of bilateral and multilateral agreements or arrangements concerning administrative cooperation.
Amendment O #
Proposal for a regulation Recital 9 Amendment P #
Proposal for a regulation Recital 10 (10) The strengthening of active cooperation
Amendment Q #
Proposal for a regulation Recital 10a (new) (10a) National labour inspectorates and other relevant bodies, in particular enforcement authorities, 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, while recognising the importance of data protection.
Amendment R #
(10a) National labour inspection systems should be organised in an efficient manner and have sufficient qualified staff at their disposal in order to function effectively and carry out systematic and frequent controls.
Amendment S #
Proposal for a regulation Recital 11 (11) The Platform
Amendment T #
Proposal for a regulation Recital 11 a (new) (11a) Based on the information gathered in its work the Platform should suggest standards and provide advice for development of legislation relating to undeclared work where necessary and develop its capacities as advisor on required policy actions and instruments.
Amendment U #
(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 Member States and their national labour inspection systems, for which reason close and effective cooperation at Union level is required.
Amendment V #
Proposal for a regulation 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, building on policies and strategies to raise awareness of undeclared work which already exist to varying degrees in the Member States. The Platform should involve also non-governmental actors as important sources of information. It should contribute to the strengthening of the cooperation between Member States including by suggesting innovative approaches of cross-border cooperation and enforcement as well as by evaluating experiences of such cooperation to draw conclusions for future policy action.
Amendment W #
Proposal for a regulation Recital 12a (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 guidelines against organised forms and networks of undeclared work and by keeping concerned authorities and actors informed. To this end the Platform should discuss approaches and suggest measures and instruments, which could contribute to better prevent, control and penalize organised forms and networks of undeclared work and facilitate compliance with related legislation.
Amendment X #
Proposal for a regulation Recital 13 (13)
Amendment Y #
Amendment Z #
Proposal for a regulation Recital 15 (15) To achieve its objectives, the Platform should be supported by a
source: 551.891
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