Next event: Commission response to text adopted in plenary 2016/12/21 more...
- Results of vote in Parliament 2016/09/14
- Decision by Parliament, 1st reading/single reading 2016/09/14
- End of procedure in Parliament 2016/09/14
- Debate in Parliament 2016/09/13
Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | EMPL | BALAS Guillaume ( S&D) | JAZŁOWIECKA Danuta ( PPE), MCINTYRE Anthea ( ECR), DLABAJOVÁ Martina ( ALDE), SYLIKIOTIS Neoklis ( GUE/NGL), DELLI Karima ( Verts/ALE), AGEA Laura ( EFDD), BIZZOTTO Mara ( ENF) |
Committee Opinion | FEMM | REGNER Evelyn ( S&D) | Beatrix von STORCH ( EFDD) |
Committee Opinion | TRAN | NILSSON Jens ( S&D) |
Lead committee dossier:
Legal Basis:
RoP 54
Legal Basis:
RoP 54Subjects
Events
The European Parliament adopted by 458 to 199 with 34 abstentions a resolution on social dumping in the European Union.
Members recalled that the growth in abusive practices and the increasing exercise of social dumping weaken support for the principle of the internal market and the competitiveness of businesses, in particular SMEs, undermine the rights of European workers and confidence in European integration.
Posted workers make up about 0.7 % of the entire EU labour force. Agriculture, building, construction, catering and food, transport, health, care and domestic services are the main sectors concerned.
Reinforcing controls and coordination between and by Member States : Parliament recalled that, while there is no legally recognised and universally shared definition of social dumping, the concept covers a wide range of intentionally abusive practices and situations which can have an impact as regards three main dimensions:
the economic aspect : the use by certain economic actors of illegal practices such as undeclared work or of abusive practices such as bogus self-employment can lead to major market distortions which are detrimental to bona fide companies, in particular SMEs; the social aspect : social dumping could lead to a situation of discrimination and unfair treatment between workers in the EU and deprive them of the effective exercise of their social and labour rights, including in respect of pay and social protection; the financial and budgetary aspect : the non-payment of due social security contributions and taxes as a result of social dumping represents a threat to the financial sustainability of social security systems and the public finances of the Member States.
Faced with this situation, Members stated that it is crucial to ensure a level playing field and fair competition across the EU and to eliminate social dumping . They called on the Member States to:
increase efficiency and to secure appropriate staffing levels and resources for their control bodies (including social and/or labour inspectorates), through the exchange of best practices and through meeting the benchmark of one labour inspector for every 10 000 workers; improve cross-border cooperation between inspection services and the electronic exchange of information and data, with a view to mandatory cooperation and mutual assistance between Member States; draw up Union-wide in-service training programmes for inspectors, to identify new techniques used to circumvent the rules, and to organise cross-border cooperation; create, where applicable, ad hoc bilateral task forces and, where needed, a multilateral task force including national competent authorities and labour inspectors, to carry out, subject to the approval of all the Member States concerned, on-the-spot cross-border checks, in accordance with the national law of the Member States in which the controls take place, in suspected cases of social dumping; establish legal frameworks allowing the lawful employment of domestic workers and carers , in order to provide legal certainty for employers and fair terms of employment as well as decent working conditions for workers; improve considerably information exchange concerning social security for posted workers, with a view to improving the enforcement of existing legislation.
Parliament recommended that, in the case of posting, it should be made mandatory in all Member States to submit a declaration when the provision of services commences, at the latest, and that such declarations should be entered in a European register . It also called for an EU-wide list of enterprises , including letterbox companies, responsible for serious breaches of European labour and social legislation to be drawn up – after they have received prior warning – which can be consulted only by the relevant authorities. It called for these enterprises to be denied access to public contracts, public subsidies and EU funds for a statutory period.
Addressing regulatory gaps : Members called on the Commission to;
monitor carefully the implementation of Directive 2014/67/EU and the effectiveness of the Platform Tackling Undeclared Work in combating the phenomenon of letterbox companies by applying more generally the principle that each company should have one main corporate headquarters and ensuring that in cases of free provision of services using posted workers, each service provider involved should perform a 'genuine activity' in the Member State of establishment, and therefore be a genuine undertaking ; monitor carefully the application of the obligation placed on Member States by that directive to provide for measures ensuring that, in the construction sector, posted workers in subcontracting chains can hold the contractor of which their employer is a direct subcontractor liable as regards respect for their rights as workers;
As regards mobile workers , Parliament called for the stepping-up of checks in relation to compliance with work, standby, driving and rest times in all relevant sectors, such as construction, catering, health and transport (road), and for the imposition of penalties for serious non-compliance. It called on the Commission to: consider creating a European Road Transport Agency to ensure proper implementation of EU legislation and promote standardisation and cooperation among all Member States as regards road transport. Furthermore, it rejected any further liberalisation of cabotage until the implementation of the current legal framework has been strengthened.
Members also:
stressed t he need for the Commission and the Member States to monitor and ensure proper enforcement of national social legislation and collective agreements for airlines having operational bases on EU territory; recalled the importance of tying the development of the digital and sharing economy to the protection of workers in this new sector, where more flexible working practices may result in more precarious and less regulated employment.
Towards upward social convergence : recalling the Commission's commitment to establishing a pillar of social rights, Members stressed the need for upward social convergence in order to achieve the objectives set out in Article 151 TFEU. The adoption of a pillar of social rights should not lead to the lowering of existing labour and social standards. They recommended the establishment of wage floors in the form of a national minimum wage , with the objective of gradually attaining at least 60 % of the respective national average wage, if possible, so as to avoid excessive wage disparities.
The Commission should also examine the possibility of establishing an instrument whereby companies can be subject to a greater duty of care for which they may be held liable, in respect of both their subsidiaries and their subcontractors operating in third countries, in order to prevent human rights violations, corruption, severe physical injury or environmental damage and the violation of ILO conventions.
The Committee on Employment and Social Affairs adopted the own-initiative report by Guillaume BALAS (S&D, FR) on social dumping in the European Union.
Members recalled that the growth in abusive practices and the increasing exercise of social dumping weaken support for the principle of the internal market and the competitiveness of businesses, in particular SMEs, undermine the rights of European workers and confidence in European integration and make genuine social convergence essential. Agriculture, building, construction, catering and food, transport, health, care and domestic services are the main sectors concerned.
Reinforcing controls and coordination between and by Member States : Members recalled that, while there is no legally recognised and universally shared definition of social dumping, the concept covers a wide range of intentionally abusive practices and situations which can have an impact as regards three main dimensions:
the economic aspect : the use by certain economic actors of illegal practices such as undeclared work or of abusive practices such as bogus self-employment can lead to major market distortions which are detrimental to bona fide companies, in particular SMEs; the social aspect : social dumping could lead to a situation of discrimination and unfair treatment between workers in the EU and deprive them of the effective exercise of their social and labour rights, including in respect of pay and social protection; the financial and budgetary aspect : the non-payment of due social security contributions and taxes as a result of social dumping represents a threat to the financial sustainability of social security systems and the public finances of the Member States.
Faced with this situation, Members stated that it is crucial to ensure a level playing field and fair competition across the EU and to eliminate social dumping . They called on the Member States to:
increase efficiency and to secure appropriate staffing levels and resources for their control bodies (including social and/or labour inspectorates, agencies and liaison offices), including for interpretation and translation, inter alia through the exchange of best practices; improve cross-border cooperation between inspection services and the electronic exchange of information and data, in order to improve the efficiency of controls intended to combat and prevent social fraud, bogus self-employment and undeclared work, while recognising the importance of data protection, and with a view to mandatory cooperation and mutual assistance between Member States; draw up Union-wide in-service training programmes for inspectors, to identify new techniques used to circumvent the rules, and to organise cross-border cooperation; create, where applicable, ad hoc bilateral task forces and, where needed, a multilateral task force including national competent authorities and labour inspectors, to carry out, subject to the approval of all the Member States concerned, on-the-spot cross-border checks, in accordance with the national law of the Member States in which the controls take place, in suspected cases of social dumping; improve considerably information exchange concerning social security for posted workers, with a view to improving the enforcement of existing legislation and to cooperate across borders in relation to enforcement information.
The report recommended that, in the case of posting, it should be made mandatory in all Member States to submit a declaration when the provision of services commences, at the latest, and that such declarations should be entered in a European register . It also called for an EU-wide list of enterprises , including letterbox companies, responsible for serious breaches of European labour and social legislation to be drawn up – after they have received prior warning – which can be consulted only by the relevant authorities. It called for these enterprises to be denied access to public contracts, public subsidies and EU funds for a statutory period.
Addressing regulatory gaps : Members called on the Commission to monitor carefully the implementation of Directive 2014/67/EU and the effectiveness of the Platform Tackling Undeclared Work in combating the phenomenon of letterbox companies by applying more generally the principle that each company should have one main corporate headquarters and ensuring that in cases of free provision of services using posted workers, each service provider involved should perform a 'genuine activity' in the Member State of establishment.
As regards mobile workers , the report called for the stepping-up of checks in relation to compliance with work, standby, driving and rest times in all relevant sectors, such as construction, catering, health and transport (road), and for the imposition of penalties for serious non-compliance. It called on the Commission to:
consider creating a European Road Transport Agency to ensure proper implementation of EU legislation and promote standardisation and cooperation among all Member States as regards road transport; draw up a national collective agreement in all Member States, in cooperation with the social partners, in order to guarantee certain rules on rest times and suitable social safeguards, above all in the event of acquisitions by airlines outside the EU.
Members also recalled the importance of tying the development of the digital and sharing economy to the protection of workers in this new sector, where more flexible working practices may result in forms of employment with lower standards as regards social security, working time, working location, training, worker participation and employment protection.
Towards upward social convergence : recalling the Commission's commitment to establishing a pillar of social rights, Members stressed the need for upward social convergence in order to achieve the objectives set out in Article 151 TFEU. The Commission urged the Commission, in the specific recommendations it makes to the Member States as part of the European Semester , to incorporate opinions on social issues with a view to enhancing worker protection through convergence.
The Commission should also examine the possibility of establishing an instrument whereby companies can be subject to a greater duty of care for which they may be held liable, in respect of both their subsidiaries and their subcontractors operating in third countries, in order to prevent human rights violations, corruption, severe physical injury or environmental damage and the violation of ILO conventions.
Documents
- Commission response to text adopted in plenary: SP(2016)876
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading/single reading: T8-0346/2016
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, single reading: A8-0255/2016
- Committee opinion: PE571.803
- Amendments tabled in committee: PE575.343
- Amendments tabled in committee: PE578.503
- Committee opinion: PE571.749
- Committee draft report: PE571.622
- Committee draft report: PE571.622
- Committee opinion: PE571.749
- Amendments tabled in committee: PE578.503
- Amendments tabled in committee: PE575.343
- Committee opinion: PE571.803
- Commission response to text adopted in plenary: SP(2016)876
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Amendments | Dossier |
993 |
2015/2255(INI)
2015/12/17
FEMM
53 amendments...
Amendment 1 #
Draft opinion Recital A A. whereas the principle of equal pay for work of equal value is recognised under Article 157 TFEU; whereas,
Amendment 10 #
Draft opinion Recital A a (new) Aa. whereas the gender pay gap still exists and despite existing EU legislation and soft-law recommendations, progress in this area is extremely low; whereas social dumping tightens the situation, together with the gender pay gap which leads to the gender pension gap that puts women on greater risk of poverty amongst the elderly;
Amendment 11 #
Draft opinion Recital A b (new) Ab. whereas a right balance can be struck between family plans and professional ambitions if the people concerned have genuine freedom of choice, in economic and social terms, and are supported by political and economic decisions at the national level without being penalised and without being obliged to social dumping and unreported employment;
Amendment 12 #
Draft opinion Recital A b (new) Ab. whereas human trafficking, in particular the trafficking of women, not only from third countries to the EU but also between EU countries, is often associated with false employment contracts;
Amendment 13 #
Draft opinion Recital A b (new) Ab. whereas so many migrant women and girls arriving in Europe are forced to accept inadequate working conditions in economic and social conditions that vary from country to country and are often inappropriate for the work done;
Amendment 14 #
Draft opinion Paragraph 1 1. Notes that in certain sectors women are the most affected by social dumping, including housekeeping and the care sector (especially home care), but also in traditional ‘posting’ sectors such as the meat processing or transport sectors; calls on the Commission to evaluate those sectors in which women experience social and wage dumping or undeclared work as the worst form of social dumping, as well as the existing related EU legislation; points out that, bearing in mind its ‘isolated’ and individual nature, domestic work is one of the most unprotected sectors, and domestic workers are frequently employed in precarious conditions, without a contract, their wages are paid late, they are required to work extra hours without due payment, their rights to leave and rest periods and paid public holidays are ignored and their social security contributions go unpaid;
Amendment 15 #
Draft opinion Paragraph 1 1. Notes that in certain sectors women are the most affected by social dumping, including housekeeping and the care sector (especially home care), but also in traditional ‘posting’ sectors such as the meat processing or transport sectors;
Amendment 16 #
Draft opinion Paragraph 1 1. Notes that in certain sectors women are the most affected by social dumping,
Amendment 17 #
Draft opinion Paragraph 1 1. Notes that in certain sectors women are the most affected by social dumping, including housekeeping and the care sector (especially home care), but also in traditional ‘posting’ sectors such as the meat processing or transport sectors;
Amendment 18 #
Draft opinion Paragraph 1 1. Notes that in certain sectors, in particular those in which workers are largely unqualified, women are the most affected by social dumping, including housekeeping and the care sector (especially home care), but also in
Amendment 19 #
Draft opinion Paragraph 1 1. Notes that in certain sectors women are the most affected by social dumping, including housekeeping and the care sector (especially home care), but also in traditional
Amendment 2 #
Draft opinion Recital A A. whereas the principle of equal pay for work of equal value is recognised under Article 157 TFEU; whereas, in view of social dumping, the principle of equal pay for equal work and equal working conditions in the same place must be ensured; whereas women face multiple discrimination, putting them at even greater risk of poverty and social exclusion;
Amendment 20 #
Draft opinion Paragraph 1 a (new) 1a. Stresses that the problem of social dumping and undeclared work also affects men;
Amendment 21 #
Draft opinion Paragraph 1 a (new) 1a. Recommends that the Commission and Member States step up checks on businesses, penalising social dumping practices;
Amendment 22 #
Draft opinion Paragraph 1 a (new) 1a. Calls on the Member States to adopt specific measures with the aim of professionalising and qualifying, in a harmonised manner, work such as housekeeping, which today is often done illegally, also because of a cultural heritage that hinders change;
Amendment 23 #
Draft opinion Paragraph 1 a (new) 1a. Calls on the Member States to ensure that all workers are guaranteed equal rights, regardless of their country of origin, and that the necessary socio- economic mechanisms are in place to prevent any kind of social dumping;
Amendment 24 #
Draft opinion Paragraph 1 a (new) 1a. Calls for special attention to be paid, in the future exchange between the Member States in the framework of the European Platform to enhance cooperation in the prevention and deterrence of undeclared work, to the sectors in which women are worst affected in order to improve the checks that can be made;
Amendment 25 #
Draft opinion Paragraph 1 b (new) 1b. Calls on the Member States to combat every aspect of job insecurity, proceeding from the principle that permanent jobs should involve proper employment contracts;
Amendment 26 #
Draft opinion Paragraph 1 b (new) 1b. Expresses concern about the impact that bilateral and multilateral agreements, such as TTIP and TiSA, might have on social standards in the labour market in Europe, particularly for women, and calls for specific safeguards to be provided in this regard against all forms of social dumping;
Amendment 27 #
Draft opinion Paragraph 1 c (new) 1c. Points out that it is vital to ensure that all posted workers and workers who already have the prospect of employment when they emigrate have a comprehensible legal contract with the employer, written in their own language, before they enter the host country;
Amendment 28 #
Draft opinion Paragraph 2 2. Points out that the payment
Amendment 29 #
Draft opinion Paragraph 2 2. Points out that the payment, working conditions and social security contributions must, for the duration of the assignment, posting or temporary working duration in another Member State, be
Amendment 3 #
Draft opinion Recital A a (new) Aa. whereas gender equality is a fundamental right, a shared EU value and a necessary condition for the achievement of EU objectives in terms of growth, employment and social cohesion; whereas with regard to social dumping, a key challenge for the EU is to increase employment among women, improve the situation of women on the labour market and eliminate gender gaps;
Amendment 30 #
Draft opinion Paragraph 3 Amendment 31 #
Draft opinion Paragraph 3 3. Recommends
Amendment 32 #
Draft opinion Paragraph 3 3. Recommends the establishment of a network of information offices and a website providing assistance and information on the rights of women workers posted or temporarily transferred to another Member State and employers’ obligations; calls on the Member States to provide relevant legal assistance to employees on matters relating to labour law;
Amendment 33 #
Draft opinion Paragraph 3 3.
Amendment 34 #
Draft opinion Paragraph 3 3. Recommends the establishment of a network of information offices and a website providing assistance and information on the rights of
Amendment 35 #
Draft opinion Paragraph 3 a (new) 3a. Calls on the Commission and the Member States always to take into consideration, in their laws, the social impact of the harmonisation of existing rules and the implementation of new provisions, in order to eliminate all forms of social dumping, with specific reference to aspects relating to women;
Amendment 36 #
Draft opinion Paragraph 3 b (new) 3b. Calls on the Commission to carry out ex ante assessments of the impact that structural reforms have in Europe on social and labour conditions, with clear reference to aspects relating to women;
Amendment 37 #
Draft opinion Paragraph 3 c (new) 3c. Calls on the Commission and the Member States to make provision for equal minimum salaries throughout Europe, for various types of work, in order to prevent social dumping;
Amendment 38 #
Draft opinion Paragraph 4 4. Stresses that all subcontractors, e.g. temporary agencies that mostly send women to other Member States for the purposes of domestic work and home care, must be made liable for unpaid wages, social security contributions, accident insurance and illness and injury provisions; stresses that subcontractors must also be able to assist employees in the event of mistreatment and abuse by clients, as well as with repatriation;
Amendment 39 #
Draft opinion Paragraph 4 4. Stresses that all subcontractors, e.g. temporary agencies that mostly send women to other Member States for the purposes of domestic work and home care, must
Amendment 4 #
Draft opinion Recital A a (new) Aa. Calls on the competent institutions and bodies to review the subcontractors working for the EU institutions as regards full compliance with social standards for all workers;
Amendment 40 #
Draft opinion Paragraph 5 5. Calls
Amendment 41 #
Draft opinion Paragraph 5 5.
Amendment 42 #
Draft opinion Paragraph 5 5.
Amendment 43 #
Draft opinion Paragraph 5 5. Calls on the Commission to ensure that Member States reinforce effective control measures and sanctions for employers
Amendment 44 #
Draft opinion Paragraph 5 5. Calls on the Commission to ensure that
Amendment 45 #
Draft opinion Paragraph 5 a (new) 5a. Points out that the best way to counter social dumping is to end the free movement of people, allow Member States to reintroduce border controls and decide their own employment laws.
Amendment 46 #
Draft opinion Paragraph 5 a (new) 5a. Calls on the Commission to take specific measures to help women affected by social dumping by focusing all general policies and measures on the achievement of equality, taking into account ongoing labour market segregation and inequalities in employment contracts as reflected in the ongoing significant pay differentials between women and men.
Amendment 47 #
Draft opinion Paragraph 5 a (new) 5a. Invites the statistical institutes in the Member States to assess the possibility of including in their national accounting systems the value of invisible work and unreported employment in the field of intergenerational solidarity, and its contribution to national GDP.
Amendment 48 #
Draft opinion Paragraph 5 a (new) 5a. Calls for an upgraded role for the social partners, in particular the trade unions, given their importance in providing information on, preventing, reporting and combating working practices which, in addition to being a serious affront to human dignity at the workplace, are harmful practices contrary to corporate social responsibility and to the concept of decent work.
Amendment 49 #
Draft opinion Paragraph 5 b (new) 5b. Invites the Member States to consider the adaptability of employment contracts so as to allow for mobility, alternation, life cycles, and career breaks, as regards both employment and work in a self-employed capacity, accounted for by training or caring, to avoid social dumping and unreported employment.
Amendment 5 #
Draft opinion Recital A a (new) Aa. whereas persons who devote their time and skills to looking after and bringing up children or caring for the elderly should not be exposed to social dumping or unreported employment but should receive social recognition and this could be done by giving such persons individual rights, particularly regarding social security and pensions;
Amendment 50 #
Draft opinion Paragraph 5 c (new) 5c. Invites Eurostat to assess the possibility of developing measures to highlight the value of invisible work and unreported employment in the field of inter-generational solidarity and its contribution to the Union's GDP and, for this purpose, to work closely with the World Bank, the Organisation for Economic Cooperation and Development (OECD) and the International Labour Office (ILO).
Amendment 51 #
Draft opinion Paragraph 5 d (new) 5d. Invites the Member States to develop specific initiatives to validate the skills acquired in carrying out educational tasks, caring for dependent persons and household management so that these skills are taken into consideration upon re-entry into the labour market.
Amendment 52 #
Draft opinion Paragraph 5 e (new) 5e. Invites the Member States to take measures to recognise invisible and informal work in the field of intergenerational solidarity carried out by women/mothers, men/fathers and carers at a legal, social and economic level (particularly as regards social security, professional status, earnings and equal opportunities for men and women).
Amendment 53 #
Draft opinion Paragraph 5 f (new) 5f. Calls on the Member States to address the structural factors contributing to social dumping and unreported employment, inequality in pension schemes including the organisation of care and combining family and work life.
Amendment 6 #
Draft opinion Recital A a (new) Aa. whereas the Charter of Fundamental Rights of the European Union, to which all the Member States are signatories, stipulates that equality between men and women must be ensured in all areas;
Amendment 7 #
Draft opinion Recital A a (new) Aa. whereas the free movement of workers, evoked as a basic principle of the European Union, has essentially served to exploit emigrant workers, since it is a policy tailored to the interests of capital rather than the interests of workers;
Amendment 8 #
Draft opinion Recital A a (new) Aa. whereas social dumping has a greater impact in social and cultural environments in which there is little knowledge of workers’ rights and in which women have greater difficulty in entering the labour market;
Amendment 9 #
Draft opinion Recital A a (new) Aa. whereas social dumping can occur in various forms and women can be affected by various types of social dumping; whereas the worst form of social dumping is undeclared work;
source: 573.209
2016/02/24
TRAN
236 amendments...
Amendment 1 #
Draft opinion Recital A A. whereas, in the transport sector, security, safety of passengers and high working conditions are fundamentally interlinked;
Amendment 10 #
Draft opinion Recital B B. whereas equal work, equal rights and fair competition must be at the heart of a well-functioning single market and, in certain high-mobility sectors such as transport, it is necessary to overcome dangerous distortions of competition arising from labour cost disparities coupled with circumvention of the rules;
Amendment 100 #
Draft opinion Paragraph 5 5. Calls for the introduction of appropriate control devices, using modern technology, for all transport modes for professional use so as to monitor working and rest time effectively, with a view to ensuring proper implementation of existing legislation; calls, further, for digital tachographs to be used to determine where an enterprise involved in either incoming or outgoing cross-border transport has its business focus;
Amendment 101 #
Draft opinion Paragraph 5 5. Calls for the introduction of appropriate control devices, using modern technology, for all transport modes for professional use so as to monitor working and rest time effectively, with a view to ensuring proper
Amendment 102 #
Draft opinion Paragraph 5 5. Calls for the introduction of appropriate control devices, using modern technology
Amendment 103 #
Draft opinion Paragraph 5 5. Calls for
Amendment 104 #
Draft opinion Paragraph 5 5. Calls for the introduction of appropriate control devices, using modern technology, which is essential in order to collect precise data and which should prevent the use of fraudulent methods, for all transport modes for professional use so as to monitor working and rest time effectively, with a view to ensuring proper implementation of existing legislation;
Amendment 105 #
Draft opinion Paragraph 5 5. Calls for increased controls on the implementation of working time and rest time in transport; Calls for the introduction of appropriate control devices, using modern technology, for all transport modes for professional use
Amendment 106 #
Draft opinion Paragraph 5 5. Calls for the introduction of appropriate control devices, using modern technology,
Amendment 107 #
Draft opinion Paragraph 5 5. Calls for the introduction of appropriate control devices, using modern technology
Amendment 108 #
Draft opinion Paragraph 5 5. Calls for the introduction of appropriate
Amendment 109 #
Draft opinion Paragraph 5 5. Calls for the introduction of appropriate control devices, using modern technology, for all transport modes for professional use so as to monitor working and rest time effectively, with a view to ensuring proper implementation of existing legislation and taking into account the specific conditions for operation and service provision in different transport modes without creating any further administrative burden and additional costs for transport undertakings, especially SMEs;
Amendment 11 #
Draft opinion Recital B B. whereas
Amendment 110 #
Draft opinion Paragraph 5 5. Calls for the introduction of appropriate control devices, using modern technology, for all transport modes for professional use so as to monitor working and rest time effectively, with a view to ensuring proper implementation of existing legislation, and for the creation of an "electronic and integrated operator file" for all operators operating with the Community licence aiming at gathering all relevant data on carrier, vehicle and driver identified during roadside checks;
Amendment 111 #
Draft opinion Paragraph 5 a (new) 5a. Calls for secure parking spaces to be provided and for their standards of quality and hygiene to be improved;
Amendment 112 #
Draft opinion Paragraph 5 a (new) 5a. Draws attention to the fact that it is necessary for vehicles of less than 3.5 tonnes which are used for commercial purposes to be included in the transport sector, so that the driving times and rest periods of their drivers are regulated in order to maintain road safety;
Amendment 113 #
Draft opinion Paragraph 5 a (new) 5a. Calls for the creation of a European corps of inspectors to ensure, in a neutral manner, the proper implementation of European and labour legislation in all transport sectors, especially with regard to working and rest periods, and tax obligations and the right of establishment, to prevent uneven enforcement and disparities in the monitoring of European regulations by national authorities;
Amendment 114 #
Draft opinion Paragraph 6 6. Underlines the need for the Commission to
Amendment 115 #
Draft opinion Paragraph 6 6. Underlines the need for the Commission to
Amendment 116 #
Draft opinion Paragraph 6 6. Underlines the need for the Commission to treat social aspects as a major priority of the road package, including measures to ensure legal clarity and better implementation of rules governing working conditions, social and welfare rights, wages and social responsibility, introduction of a compulsory waiting period of seven days between cabotage operations ;
Amendment 117 #
Draft opinion Paragraph 6 6. Underlines the need for the Commission to treat social aspects as a major priority of the road package, including measures to ensure legal clarity and better implementation of rules governing working conditions, social and welfare rights, wages and social responsibility; considers it important, however, that the planned new social and working-conditions measures for the transport sector should not infringe the EU's fundamental freedoms (such as freedom to provide services), and that no artificial obstacles should be placed in the way of transport undertakings with regard to competition on the internal market based on genuine competitive advantages;
Amendment 118 #
Draft opinion Paragraph 6 6. Underlines the need for the Commission to treat s
Amendment 119 #
Draft opinion Paragraph 6 6. Underlines the need for the Commission to treat social aspects as a major priority of the road package, including measures to
Amendment 12 #
Draft opinion Recital B B. whereas
Amendment 120 #
Draft opinion Paragraph 6 6. Underlines the need for the Commission to treat social aspects as a major priority of the road package, including measures to ensure legal clarity and better implementation of rules governing working conditions
Amendment 121 #
Draft opinion Paragraph 6 6. Underlines the need for the Commission to treat social aspects as a major priority of the road package, including measures to ensure legal clarity and better implementation of rules governing working conditions, social and welfare rights, wages and social responsibility; stresses that supply-chain operators should be held jointly responsible for social protection infringements; stresses the need to limit the use of sub-contracting chains to fight social dumping and ensure adequate enforcement of legislation across sub- contracting chain; underlines the need of using control devices mentioned in point 5 to properly assess in which Member State the real work of a road operator takes place and therefore which national social legislation should apply;
Amendment 122 #
Draft opinion Paragraph 6 6.
Amendment 123 #
Draft opinion Paragraph 6 6. Underlines the need for the Commission to
Amendment 124 #
Draft opinion Paragraph 6 6. Underlines the need for the Commission to treat social aspects as
Amendment 125 #
Draft opinion Paragraph 6 6. Underlines the need for the Commission to treat social aspects as a major priority of the road package, including measures to ensure legal clarity and better implementation of rules governing working conditions, social and welfare rights, wages and social responsibility; in this context, underlines that it might be premature to draw conclusions about the scope of application of the posting of workers directive, also given the opinion of the Commission and of the Council of 20 September 1996;
Amendment 126 #
Draft opinion Paragraph 6 6. Underlines the need for the Commission to treat
Amendment 127 #
Draft opinion Paragraph 6 – subparagraph 1 (new) considers that harmonisation of social rights of transports workers across Europe should be the Commission's long term perspective, including harmonisation on wages and daily allowances, which should not be considered part of the salary
Amendment 128 #
Draft opinion Paragraph 6 a (new) 6a. Notes that European Parliament and Council Regulation (EC) No 1072/2009 has led to serious disruption on national transport markets in several Member States;
Amendment 129 #
Draft opinion Paragraph 6 a (new) 6a. Calls for the European Commission to apply in a collective manner, to mobile personnel in road transport, Art. 8.2 of Regulation (EC) No 593/2008 (Rome I) as interpreted by the ECJ ruling on the Koelzsch case (C-29/10 Judgment of the Court (Grand Chamber) of 15 March 2011.
Amendment 13 #
Draft opinion Recital B B. whereas
Amendment 130 #
Draft opinion Paragraph 6 a (new) 6a. Calls on those Member States which have a toll system to make the toll data gathered available to the monitoring authorities for evaluation so that cabotage operations can be scrutinised more effectively;
Amendment 131 #
Draft opinion Paragraph 6 a (new) 6a. Calls, in this regard, on the European Commission to promote rules clarifying the responsibilities of the different players, especially along the entire chain of carriers that are party to a shipping contract;
Amendment 132 #
Draft opinion Paragraph 6 a (new) 6a. Recognises that the intention is to combat unfair competition, since while wage disparities are inevitable and generally acceptable in the internal market, they have a negative impact on competition conditions where they are exploited in a way that evades or infringes the law;
Amendment 133 #
Draft opinion Paragraph 6 a (new) 6a. Draws attention to services at vehicle parks, which must be regarded as part of the working conditions of vehicle drivers; calls for the establishment of safe vehicle parks which take material responsibility for the well-being of people within them and ensure appropriate hygiene conditions, where vehicle drivers can leave vehicles loaded with goods, in compliance with the provisions of Article 4(f) of Regulation (EC) No 561/2006;
Amendment 134 #
Draft opinion Paragraph 6 a (new) 6a. Calls the Commission to consider extending the scope of the legislation on driving times, breaks and rest periods for professional drivers to good vehicles of less than 3,5 tons in order to avoid circumvention strategies.
Amendment 135 #
Draft opinion Paragraph 7 7. Calls for the EU and the Member States to cooperate across borders in relation to enforcement information, to give monitoring authorities access to data registered in the Member States’ national electronic registers and in the European Register of Road Transport Undertaking (ERRU)
Amendment 136 #
Draft opinion Paragraph 7 7. Calls for the EU and the Member States
Amendment 137 #
Draft opinion Paragraph 7 7. Calls for the EU and the Member States to cooperate across borders in relation to enforcement information, to give monitoring authorities access to data registered in the Member States’ national electronic registers and in the European Register of Road Transport Undertaking (ERRU) and to consolidate the list of infringements leading to the loss of good repute of road transport operators by including
Amendment 138 #
Draft opinion Paragraph 7 7. Calls for the EU and the Member States to cooperate across borders in relation to enforcement information, to give monitoring authorities access to data registered in the Member States’ national electronic registers and in the European Register of Road Transport Undertaking (ERRU) and to consolidate the list of infringements leading to the loss of good repute and immediate withdrawal of authorisation to perform road transport activity of road transport operators by including illegal cabotage and non- compliance with Community social and labour legislation;
Amendment 139 #
Draft opinion Paragraph 7 7. Calls for the EU and the Member States to cooperate across borders in relation to enforcement information, to
Amendment 14 #
Draft opinion Recital B B. whereas equal work, equal rights and fair competition must be at the heart of a well-functioning single market, taking into account the economic development of different Member States and the level of labour productivity of the sector in each Member State;
Amendment 140 #
Draft opinion Paragraph 7 7. Calls for the EU and the Member States to cooperate across borders in relation to enforcement information, to
Amendment 141 #
Draft opinion Paragraph 7 7. Calls for the EU and the Member States to cooperate across borders in relation to enforcement information, to give monitoring authorities access to data registered in the Member States’ national electronic registers and in the European Register of Road Transport Undertaking (ERRU)
Amendment 142 #
Draft opinion Paragraph 7 a (new) 7a. Calls on the Commission to make funds available for the financing/cofinancing of secure car parks along European trunk roads, so that truck drivers can rest and spend the night safely;
Amendment 143 #
Draft opinion Paragraph 7 a (new) 7a. Rejects any further liberalisation of cabotage until implementation of the current legal framework has been strengthened;
Amendment 144 #
Draft opinion Paragraph 7 a (new) Amendment 145 #
Draft opinion Paragraph 7 a (new) 7a. Calls for the development of a public list of the companies responsible for serious infringements of EU legislation, access to public procurement, public subsidies and EU funds must be refused to these companies for a period fixed by law;
Amendment 146 #
Draft opinion Paragraph 7 a (new) 7a. Calls on the EU and Member States to extent these principles to cross-border services in the railway sector;
Amendment 147 #
Draft opinion Paragraph 7 a (new) 7a. Considers that the Commission should refrain from proposing any liberalisation of cabotage until issues of legal liability and the resulting systems of checks are clarified and deemed to be fully effective;
Amendment 148 #
Draft opinion Paragraph 7 a (new) 7a. Calls on the EU and Member States to extend these principles to cross-border services in the railway sector;
Amendment 149 #
Draft opinion Paragraph 8 Amendment 15 #
Draft opinion Recital B a (new) Ba. whereas, in the European Union, Europeans should be given priority in employment over non-European workers and, in the Member States, nationals should be given priority in employment over foreign workers;
Amendment 150 #
Draft opinion Paragraph 8 Amendment 151 #
Draft opinion Paragraph 8 Amendment 152 #
Draft opinion Paragraph 8 Amendment 153 #
Draft opinion Paragraph 8 Amendment 154 #
Draft opinion Paragraph 8 Amendment 155 #
Draft opinion Paragraph 8 Amendment 156 #
Draft opinion Paragraph 8 8.
Amendment 157 #
Draft opinion Paragraph 8 8. Calls
Amendment 158 #
Draft opinion Paragraph 8 8.
Amendment 159 #
Draft opinion Paragraph 8 8.
Amendment 16 #
Draft opinion Recital B a (new) Ba. whereas any problem at the EU transport market must be tackled by targeted approach which will not hamper honestly operating businesses
Amendment 160 #
Draft opinion Paragraph 8 8. Calls for the creation of a European Road Transport Agency to ensure proper implementation and enforcement of EU legislation and promote standardisation across all Member States, including the social dimension, such as working conditions and labour issues in road transport;
Amendment 161 #
Draft opinion Paragraph 8 8. Calls for the creation of a European Road Transport Safety Agency to ensure proper implementation of EU legislation and promote standardisation across all Member States, including the social dimension, such as working conditions and labour issues in road transport;
Amendment 162 #
Draft opinion Paragraph 8 8. Calls for the creation of a European Road Transport Agency to ensure proper implementation of EU legislation and promote standardisation across all Member States, including the social dimension, such as working conditions and labour issues in road transport; An agency will furthermore stimulate equal-share participation of all Member States in cross-border enforcement;
Amendment 163 #
Draft opinion Paragraph 8 8. Calls for the creation of a European
Amendment 164 #
Draft opinion Paragraph 8 8. Calls for the creation of a European Road Transport Agency to ensure proper implementation of EU legislation related to the vehicle, the driver and the undertaking, and promote standardisation across all Member States, including the social dimension, such as working conditions and labour issues in road transport;
Amendment 165 #
Draft opinion Paragraph 8 8. Calls for the creation of a European Road Transport Agency to ensure proper implementation of EU legislation and promote standardisation across all Member States, including the social dimension, such as working conditions and labour issues in
Amendment 166 #
Draft opinion Paragraph 8 a (new) 8a. Calls on the Commission, together with Europol, to investigate the extent of fraud involving transport documents and driving licences in the EU, and to take action in the light of the findings;
Amendment 167 #
Draft opinion Paragraph 8 a (new) 8a. Considers that the possible establishment of a European Road Transport Agency or other body responsible for cross-border labour inspections should be preceded by a detailed evaluation of the currently existing rules and possibilities of potential improvements, with full respect for the principle of subsidiarity and division of competences in this area between the EU and the Member States;
Amendment 168 #
Draft opinion Paragraph 8 a (new) 8a. Considers it important to bear in mind that adopting unilateral national measures to combat social dumping poses the risk of fragmentation of the EU internal market in road transport; takes the view that labour mobility within the EU means that the Member States need to identify solutions to combat social dumping, fraud and abuse linked to the posting of workers;
Amendment 169 #
Draft opinion Paragraph 8 a (new) 8a. Acknowledges that cooperation between Member States in the area of enforcement should be improved. In this context believes, that the activities carried out within the Euro Contrôle Route and such initiatives as Project CLOSER constitute appropriate means to address the objective of improving enforcement;
Amendment 17 #
Draft opinion Recital B a (new) Ba. whereas there is no clear and universally accepted definition of "social dumping" and there are different interpretations of this term, which may create confusion and sometimes include protectionist measures that can lead to fragmentation the EU common market;
Amendment 170 #
Draft opinion Paragraph 8 a (new) 8a. Calls for the mandatory introduction of the new generation of 'smart tachograph' to all commercial vehicles engaged in cabotage and international transport, two years after newly registered vehicles are required to be equipped with it. This, has the solely effective means to control compliance with cabotage rules and determine the driver's habitual workplace;
Amendment 171 #
Draft opinion Paragraph 9 Amendment 172 #
Draft opinion Paragraph 9 9. Stresses that the social dimension of the Aviation Package published by the Commission
Amendment 173 #
Draft opinion Paragraph 9 9. Stresses that the social dimension of the Aviation Package published by the Commission must be strengthened as employment and working conditions are directly linked to the
Amendment 174 #
Draft opinion Paragraph 9 9. Stresses that the social dimension of the Aviation Package published by the Commission must be strengthened as employment and working conditions are directly linked to the maintenance of the safety and security of both passengers and staff (shown in the study 'Atypical Employment in Aviation' from the University of Ghent); underlines furthermore, in this connection, the need for the Commission and the Member States to monitor and ensure proper enforcement of national social legislation and collective agreements for airlines having operational bases on EU territory;
Amendment 175 #
Draft opinion Paragraph 9 9. Stresses that the social dimension of the Aviation Package published by the Commission must be strengthened as employment and working conditions
Amendment 176 #
Draft opinion Paragraph 9 9. Stresses that the social dimension of the Aviation Package published by the Commission must be strengthened as employment and working conditions
Amendment 177 #
Draft opinion Paragraph 9 9. Stresses that the social dimension of the
Amendment 178 #
Draft opinion Paragraph 9 9. Stresses that the social dimension of the Aviation Package published by the Commission must be strengthened as employment and working conditions are directly linked to the maintenance of the safety and security of both passengers and staff; underlines furthermore, in this connection, the need for the Commission and the Member States to monitor and ensure proper enforcement of national social legislation and collective agreements for airlines having operational bases on EU territory; stresses in particular the need to protect the working conditions and pay of low-cost airline staff, which often bear the brunt of cut-throat competition within the sector;
Amendment 179 #
Draft opinion Paragraph 9 9.
Amendment 18 #
Draft opinion Recital B a (new) Ba. having regard to the White Paper on Transport 2011: Roadmap to a Single European Transport Area - Towards a competitive and resource efficient transport system;
Amendment 180 #
Draft opinion Paragraph 9 a (new) 9a. Calls the EU and the Member States to reinforce the connection between social and environmental standards and quality of service as well as safety - in particular physical and mental health and fatigue
Amendment 181 #
Draft opinion Paragraph 9 a (new) 9a. Recommends pinning down the concept of 'principal place of business' so that the operating licence is granted by a state if the volume of air transport therein is substantial and also, in the context of the coordination of social security systems and labour law, alignment of the definition of 'Home Base' as per Regulation (EU) No 83/2014 and Regulation (EU) No 465/2012; highlights the need to shorten the transitional period and clarify the situation of aircrew that have multiple home bases;
Amendment 182 #
Draft opinion Paragraph 9 a (new) 9a. European carriers operating under an EU Member State's AOC must have a principal place of business in the respective Member State and as such, all employees must therefore be EU nationals or persons with EU residence and work permits. In the exceptional case where third-country crewmembers are working on board of a carrier with an AOC issued by an EU member state, they must be subject to the same European labour and social regulations whatever their nationality and with respect to the principles of equality and non- discrimination.
Amendment 183 #
Draft opinion Paragraph 10 Amendment 184 #
Draft opinion Paragraph 10 Amendment 185 #
Draft opinion Paragraph 10 10.
Amendment 186 #
Draft opinion Paragraph 10 10.
Amendment 187 #
Draft opinion Paragraph 10 10.
Amendment 188 #
Draft opinion Paragraph 10 10. Stresses the need for a new groundhandling regulation, that will provide social protection for workers; calls for an improved Regulation (EC) No 1008/2008 to ensure
Amendment 189 #
Draft opinion Paragraph 10 10. Stresses the need for a new groundhandling regulation, that will provide social protection for workers; calls for an improved Regulation (EC) No 1008/2008 to ensure binding application of national labour legislation for airlines having European operational bases and to improve the definition of ‘homebase’ for crew members as well as to improve the definition and concept of the term "principal place of business";
Amendment 19 #
Draft opinion Recital B a (new) Ba. whereas the transport sector is facing challenges with the increase of unfair practices such as "flags of convenience" and the use of atypical and precarious employment arrangements which give rise to downgrading of workers' terms and conditions and have a negative effect on safety;
Amendment 190 #
Draft opinion Paragraph 10 10. Stresses the need for a
Amendment 191 #
Draft opinion Paragraph 10 10.
Amendment 192 #
Draft opinion Paragraph 10 10. Stresses the need for a new groundhandling regulation, that will provide social protection for workers; calls for an improved Regulation (EC) No 1008/2008 to ensure binding application of national labour legislation for airlines having European operational bases and to improve the definition of ‘homebase’ for crew members; calls, furthermore, for an improved Regulation (EC) No 987/2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems; calls for provisions to be formulated banning false self- employment;
Amendment 193 #
Draft opinion Paragraph 10 10. Stresses the need
Amendment 194 #
Draft opinion Paragraph 10 10.
Amendment 195 #
Draft opinion Paragraph 10 10. Stresses the need for a new groundhandling regulation, that will provide social protection for workers; calls for an improved Regulation (EC) No 1008/2008, notably, to ensure binding application of
Amendment 196 #
Draft opinion Paragraph 10 a (new) 10a. Takes the view that European Parliament and Council Regulation (EC) No 1072/2009 needs to be improved in order to overcome the serious disruption that occurred on national transport markets in several Member States after the regulation was introduced;
Amendment 197 #
Draft opinion Paragraph 10 a (new) 10a. Calls for the Creation of an EU observatory for Civil Aviation on jobs and working condition, to be managed by the Commission and the social partners, to ensure proper implementation of EU legislation and to supervise the social dimension of the EU aviation market, including working conditions and labour issues in aviation;
Amendment 198 #
Draft opinion Paragraph 10 a (new) 10a. Calls for an improved Regulation (EC) No 1008/2008, notably, to ensure binding application of national labour legislation for airlines operating under an EU Member State's Air Operator's Certificate and to update, harmonise and improve the definition of 'homebase' for crew members;
Amendment 199 #
Draft opinion Paragraph 10 a (new) 10a. Considers that the same level of competition must be ensured in all transport sectors, including maritime transport; requests, in this regard, the inclusion of seafarers of merchant navy enterprises in the Posting of Workers Directive, from which they are currently excluded;
Amendment 2 #
Draft opinion Recital A A. whereas, in the transport sector, security, safety of passengers and
Amendment 20 #
Draft opinion Recital B a (new) Ba. whereas actions taken at EU level in the road transport sector shall primarily aim at further improving the implementation and enforcement of the existing regime and should be proportional to the scale of the problems;
Amendment 200 #
Draft opinion Paragraph 11 Amendment 201 #
Draft opinion Paragraph 11 Amendment 202 #
Draft opinion Paragraph 11 11. Considers that, in the maritime sector, the Commission should promote the recruitment and retention of skilled European-based seafarers
Amendment 203 #
Draft opinion Paragraph 11 11.
Amendment 204 #
Draft opinion Paragraph 11 11. Considers that, in the maritime sector, the Commission should promote the recruitment and retention of skilled European-based seafarers to stop European officers being replaced by crew from third countries;
Amendment 205 #
Draft opinion Paragraph 11 11. Considers that, in the maritime sector, the Commission should promote the recruitment and retention of skilled European-based seafarers
Amendment 206 #
Draft opinion Paragraph 11 11. Considers that, in the maritime sector,
Amendment 207 #
Draft opinion Paragraph 11 11. Considers that, in the maritime sector, the Commission should ensure the full implementation of social legislation, including the 2006 Maritime Labour Convention, and promote the recruitment and retention of skilled European-based seafarers to
Amendment 208 #
Draft opinion Paragraph 11 11. Considers that, in the maritime sector, the Commission should promote the
Amendment 209 #
Draft opinion Paragraph 11 11. Considers that, in the maritime sector, the Commission should promote the recruitment and retention of skilled European-based seafarers to stop European officers being replaced by crew from third countries;
Amendment 21 #
Draft opinion Recital B a (new) Ba. whereas, the European Parliament´s report on the implementation of the 2011 White Paper on Transport: taking stock and the way forward towards sustainable mobility (2015/2005(INI)) adopted on the 29th of July 2015, calls, with regard to road transport, for the creation of a European Road Transport Agency to ensure proper implementation of EU legislation and promote standardisation across all Member States,
Amendment 210 #
Draft opinion Paragraph 11 11. Considers that, in the maritime sector, the Commission should promote the
Amendment 211 #
Draft opinion Paragraph 11 11.
Amendment 212 #
Draft opinion Paragraph 11 11. Considers that, in the maritime sector, the Commission should promote the recruitment and retention of skilled
Amendment 213 #
Draft opinion Paragraph 12 Amendment 214 #
Draft opinion Paragraph 12 12. Stresses that, without prejudice to national and Union law, including collective agreements between social partners, the competent authority should require the designated provider of port and
Amendment 215 #
Draft opinion Paragraph 12 12. Stresses that, without prejudice to national and Union law, including collective agreements between social partners, the competent authority should require the designated provider of port and railway services to establish staff working conditions on the basis of binding national, regional or local social standards
Amendment 216 #
Draft opinion Paragraph 12 12. Stresses that, without prejudice to national and Union law, including collective agreements between social partners, the competent authority should require the designated provider of port and railway services to establish staff working
Amendment 217 #
Draft opinion Paragraph 12 12. Stresses that, without prejudice to national and Union law, including collective agreements between social partners, the competent authority should require the designated provider of port and railway services to establish staff working conditions on the basis of binding national, regional or local social standards
Amendment 218 #
Draft opinion Paragraph 12 12. Stresses that, without prejudice to national and Union law, including collective agreements between social partners, the competent authority should require the designated provider of port and railway services to establish staff working conditions on the basis of binding national,
Amendment 219 #
Draft opinion Paragraph 12 12. Stresses that, without prejudice to national and Union law, including collective agreements between social partners, the competent authority should require the designated provider of
Amendment 22 #
Draft opinion Recital B b (new) Bb. whereas the posting of workers opens the door to numerous obstacles to fair competition, especially in certain transport and tourism sectors;
Amendment 220 #
Draft opinion Paragraph 12 12. Stresses that, without prejudice to national and Union law, including collective agreements between social partners, the competent authority should require the designated provider of port and railway services to establish staff working conditions on the basis of binding national,
Amendment 221 #
Draft opinion Paragraph 12 12. Stresses that, without prejudice to national and Union law, including collective agreements between social partners, the competent authority should require the designated provider of port and railway services
Amendment 222 #
Draft opinion Paragraph 12 12. Stresses that, without prejudice to national and Union law, including collective agreements between social partners, the competent authority
Amendment 223 #
Draft opinion Paragraph 12 12. Stresses that, without prejudice to national and Union law, including collective agreements between social partners, the competent authority should require the designated provider of port and railway services to establish staff working conditions on the basis of binding national, regional or local social standards and to implement the compulsory transfer of staff in the event of public calls for tender for a change in service provider;
Amendment 224 #
Draft opinion Paragraph 12 a (new) 12a. Asks Member States to refrain from regulating against one of the basic EU rights, namely freedom of movement
Amendment 225 #
Draft opinion Paragraph 12 b (new) 12b. Asks DG Competition , together with the National Competition Authorities, to scrutinise the activity of transport companies and assess compliance with the competition laws in force
Amendment 226 #
Draft opinion Paragraph 13 Amendment 227 #
Draft opinion Paragraph 13 Amendment 228 #
Draft opinion Paragraph 13 13. Calls on the Commission to
Amendment 229 #
Draft opinion Paragraph 13 13. Calls on the Commission to establish minimum training requirements for
Amendment 23 #
Draft opinion Recital Bb (new) Bb. whereas transport is a globally competitive sector, any social limitations imposed on the sector should also take into account the impact that they will make on the competitive position of EU carriers
Amendment 230 #
Draft opinion Paragraph 13 13. Calls on the Commission to establish minimum training and testing requirements for
Amendment 231 #
Draft opinion Paragraph 13 13. Calls on the Commission to establish minimum training requirements for maintenance personnel in the railway
Amendment 232 #
Draft opinion Paragraph 13 13. Calls on the Commission to establish minimum training requirements for
Amendment 233 #
Draft opinion Paragraph 13 a (new) 13a. Calls on the Commission to set minimum training requirements for control staff;
Amendment 234 #
Draft opinion Paragraph 13 a (new) 13a. Considers that the issue of social harmonisation, supplemented by the problem of social dumping, goes far beyond the transport sector; considers that these issues have such ramifications as to concern economic, employment and social-policy matters connected with the EU internal market and freedom to provide services.
Amendment 235 #
Draft opinion Paragraph 13 a (new) 13a. Calls on the Commission, in view of the advancement of transport technology, especially the emergence of fully automated driving systems in road transport, first, to look into future regulation of these technologies and, second, to consider the huge impact they will have on jobs in the transport sector;
Amendment 236 #
Draft opinion Paragraph 13 b (new) 13b. Stresses that the award criteria for public procurement contracts in the area of public transport should include a tender price established on the basis of a negotiated collective agreement from the company that is submitting the bid;
Amendment 24 #
Draft opinion Recital Bb (new) Bb. whereas any change to the legislation concerning the social and working conditions must respect all fundamental freedoms of the EU and shall not restrict fair competition based on objective competitive advantages as well as shall not create any further administrative burden and additional costs for transport undertakings, especially SMEs;
Amendment 25 #
Draft opinion Recital B c (new) Bc. whereas differences in wages of drivers in EU countries arise from the diverse economic situation of Member States and cannot be completely eliminated. Such differences are apparent for all economic sectors and are not to be interpreted as the so-called social dumping. Different wages between Member States do not constitute unfair competition, but are rather a natural phenomenon in the EU internal market;
Amendment 26 #
Draft opinion Recital B d (new) Bd. whereas transport, in particular international transport and cabotage do not fall under the Posting of Workers Directive (Directive 96/71/EC) and calls the attention to the common statement of the Commission and Member States in this respect (10048/96 ADD 1);
Amendment 27 #
Draft opinion Recital B e (new) Be. whereas the irregularities distorting fair competition in transport should be tackled promptly through consistent interpretation and uniform application and stronger enforcement of the current legislation as well as through increased cross-border cooperation while respecting the subsidiarity principle;
Amendment 28 #
Draft opinion Paragraph 1 1. Calls on the Member States to swiftly implement all relevant social legislation covering the transport sector; strongly urges the Commission to monitor more closely the implementation and proper
Amendment 29 #
Draft opinion Paragraph 1 1. Calls on the Member States to swiftly implement all relevant social legislation covering the transport sector and to step up effective checks, particularly in relation to compliance with driving and rest times and cabotage rules and also in relation to the consistent imposition of dissuasive penalties for serious breaches of the rules; strongly urges the Commission to monitor more closely the implementation and proper enforcement of the existing legislation;
Amendment 3 #
Draft opinion Recital A A. whereas, in the transport sector,
Amendment 30 #
Draft opinion Paragraph 1 1. Calls on the Member States to swiftly implement all relevant social legislation covering the transport sector; strongly urges the Commission and the competent authorities of the Member States to monitor more closely the implementation and proper enforcement of the existing legislation;
Amendment 31 #
Draft opinion Paragraph 1 1. Considers that, despite the measures taken to date, differences in national interpretations and enforcement of common EU rules persist, and the number of infringements of the rules on driving times, breaks and rest periods remains high: calls on the Member States, therefore, to swiftly implement all relevant social legislation covering the transport sector; strongly urges the Commission to monitor more closely the implementation and proper enforcement of the existing legislation;
Amendment 32 #
Draft opinion Paragraph 1 1. Calls on the Member States to swiftly implement all relevant social legislation covering the transport sector; strongly urges the Commission to monitor more closely the implementation and proper enforcement of the existing legislation, particularly upholding the freedom to provide services pursuant to Article 91(2) TFEU, on the one hand, and freedom of establishment, on the other;
Amendment 33 #
Draft opinion Paragraph 1 1. Calls on the Member States to
Amendment 34 #
Draft opinion Paragraph 1 1.
Amendment 35 #
Draft opinion Paragraph 1 1. Calls on the Member States to swiftly implement all relevant social legislation covering the transport sector; strongly urges the Commission to propose measures to address existing unfair and exploitative employment practices across all transport modes and to monitor more closely the implementation and proper enforcement of the existing legislation, as well as eradicating existing legislative loopholes;
Amendment 36 #
Draft opinion Paragraph 1 1. Calls on the Member States to swiftly implement all relevant social legislation covering the transport sector; strongly urges the Commission to monitor more closely the implementation and proper enforcement of the existing legislation and review the directives on the organisation of working time (2003/88/EC) and posted workers (96/71/EC);
Amendment 37 #
Draft opinion Paragraph 1 1. Calls on the Member States to swiftly implement all relevant social legislation covering the transport sector; strongly urges the Commission to monitor more closely the implementation, increase cross- border cooperation in this area, and for a
Amendment 38 #
Draft opinion Paragraph 1 1. Calls on the Member States to swiftly implement all relevant European social legislation covering the transport sector; strongly urges the Commission to monitor more closely the implementation and proper enforcement of the existing legislation and prevent the proliferation of restrictive national laws that hinder the freedom of movement of workers and services;
Amendment 39 #
Draft opinion Paragraph 1 – subparagraph 1 (new) Calls for Member States to refrain from taking unilateral measures and implement unilateral interpretations of the EU social and labour legislation, which can seriously hinder the functioning of the internal market; recalls that in no case social and labour issues should be used as an excuse to prevent market access and stifle healthy competition among operators; Calls the Commission to present a guideline to clarify the national implementation of existing EU legislation and to further harmonization the carrying out of controls;
Amendment 4 #
Draft opinion Recital A A. whereas, in the transport sector,
Amendment 40 #
Draft opinion Paragraph 1 a (new) 1a. Calls on the EU authorities to lay down a clear legal framework giving priority in employment for Europeans in the Union and urges Member States to implement this priority in the areas of transport and tourism; demands that Member States be given back the freedom to choose whether they want to implement the national priority principle;
Amendment 41 #
Draft opinion Paragraph 1 a (new) 1a. Calls on the European Commission and the Member States to steer their transport policy in the direction of upward fiscal and social harmonisation;
Amendment 42 #
Draft opinion Paragraph 1 a (new) 1a. Considers it necessary to reinterpret the concept of 'social dumping'; recalls that the concept of dumping which is familiar from trade policy is different in the case of transport and more generally in that of labour;
Amendment 43 #
Draft opinion Paragraph 1 a (new) 1a. Stresses that precise definition of problems in the EU transport sector is a prerequisite to further legal actions at the EU or national level and that any problem at the EU transport market must be tackled by targeted approach which will not hamper honestly operating businesses;
Amendment 44 #
Draft opinion Paragraph 1 a (new) 1a. Emphasizes that social dumping is prevalent in those modes that are less sustainable in terms of their social, environmental and safety performance, like road and air, and where this leads to increasingly unfair intra- and inter-modal competition;
Amendment 45 #
Draft opinion Paragraph 1 b (new) 1b. Demands that ‘posted worker’ status be abolished; urges, to that end, the repeal of all related rules;
Amendment 46 #
Draft opinion Paragraph 1 b (new) Amendment 47 #
Draft opinion Paragraph 1 c (new) 1c. Stresses that each transport or social legislation reform must be evidence-based and proportional and should not go beyond of what is necessary to increase efficiency of the EU transport sector; reminds that social regulations are the competence of Member States - any transport regulations, not related to safety or security, should observe the subsidiary principle in the EU;
Amendment 48 #
Draft opinion Paragraph 2 2. Recognises the job-creating potential in the EU transport and tourism sectors; firmly believes that employment in the EU transport sector should be made more attractive for future generations;
Amendment 49 #
Draft opinion Paragraph 2 2. Recognises the job-creating potential in the EU transport and tourism sectors; firmly believes that employment in the EU transport sector should be made more attractive for future generations; stresses the need to support adequate education and professional training, and to provide appropriate working conditions; considers in particular that women’s participation must be boosted;
Amendment 5 #
Draft opinion Recital A A. whereas, in the transport sector
Amendment 50 #
Draft opinion Paragraph 2 2. Recognises the job-creating potential in the EU transport and tourism sectors; firmly believes that employment in the EU transport sector should be made more attractive for future generations; considers in particular that women’s participation must be boosted; requests the Commission to propose a review of regulation 868/2004 and to analyse the causes of its non-implementation;
Amendment 51 #
Draft opinion Paragraph 2 2. Recognises the job-creating potential in the
Amendment 52 #
Draft opinion Paragraph 2 2. Recognises the job-creating potential in the EU transport and tourism sectors; stresses in particular that road transport is of fundamental importance to society and the economy in the European Union, as it employs more than 2.2% of the entire EU work force (5 million people), accounts for nearly three quarters (72%) of all internal goods transport and carries more passengers than rail, trams and underground railway systems combined; firmly believes, furthermore, that employment in the EU transport sector should be made more attractive for future generations; considers in particular that women’s participation must be boosted;
Amendment 53 #
Draft opinion Paragraph 2 2. Recognises the job-creating potential in the EU transport and tourism sectors;
Amendment 54 #
Draft opinion Paragraph 2 2. Recognises the economic growth and thus job-creating potential in the EU transport and tourism sectors; firmly believes that employment in the EU transport sector should be made more attractive for future generations; considers in particular that women’s participation must be
Amendment 55 #
Draft opinion Paragraph 2 2. Recognises the job-creating potential in the EU transport and tourism sectors; firmly believes that employment in the EU transport sector should be made more attractive for future generations by increasing transport safety; considers in particular that women’s participation must be boosted;
Amendment 56 #
Draft opinion Paragraph 2 2. Recognises the job-creating potential in the EU transport and tourism sectors; firmly believes that employment in the EU transport sector should be made more attractive for future generations; considers in particular that women’s and young people’s participation must be boosted and a solution found to the dramatic and urgent problem of the lack of professionals in a sector affected by the demographic problem;
Amendment 57 #
Draft opinion Paragraph 2 a (new) 2a. Recognises that the transport of goods by road has become an unattractive sector for young people and women in some EU Member States owing to low wages, precarious working conditions and a lack of safety at the workplace;
Amendment 58 #
Draft opinion Paragraph 2 a (new) 2a. Urges the Commission to ensure that proposals on the opening-up of services in all transport markets go hand in hand with the proper enforcement of EU social legislation, and with support measures to avoid disparities in social conditions in the different Member States; stresses that the opening-up of transport markets should not lead to downgrading of terms and conditions for workers, poorer-quality services, unfair business practices, creation of monopolies or distortion of fair competition in respect to the social protection of transport workers;
Amendment 59 #
Draft opinion Paragraph 3 3. Calls on the Commission to enhance social dialogue in the transport sector as a whole; recalls, in this regard, that productivity agreements need to be promoted in European enterprises (especially long-established ones) encountering or soon to be facing difficulties in markets where competition is increasingly fierce, so that they regain their competitiveness, especially in the air and rail transport sectors;
Amendment 6 #
Draft opinion Recital A A. whereas
Amendment 60 #
Draft opinion Paragraph 3 3. Calls on the Commission to e
Amendment 61 #
Draft opinion Paragraph 3 3. Calls on the Commission
Amendment 62 #
Draft opinion Paragraph 3 3. Calls on the Commission to enhance social dialogue in the transport sector as a whole to ensure trade union recognition in all companies and the ability of social partners to negotiate collective agreements, both at the national and European levels; Calls on the Commission to promote the compliance with collective bargaining agreements as a requirement for assessing the good repute of transport undertakings;
Amendment 63 #
Draft opinion Paragraph 3 3. Calls on the Commission to
Amendment 64 #
Draft opinion Paragraph 3 3. Calls on the Commission to enhance social dialogue in the transport sector as a whole, in order to find the best regulatory solutions;
Amendment 65 #
Draft opinion Paragraph 3 3. Calls on the Commission to enhance social dialogue in the transport and logistics sectors as a whole, including postal and delivery services; underlines the importance of targeting unfair competition through exploitative employment practices where it already exists;
Amendment 66 #
Draft opinion Paragraph 3 a (new) 3a. Reminds the Commission that abolishing social dumping will also lead to better quality of (public) transport services;
Amendment 67 #
Draft opinion Paragraph 3 a (new) 3a. Calls on the Commission to investigate social dumping in all transport areas and to establish a set of sanctions on undertakings which violate the European rules, including fines and/or loss of operating licence when necessary;
Amendment 68 #
Draft opinion Paragraph 3 a (new) 3a. Emphasises that any proposals shall be evidence-based, proportionate and based on detailed analyses and objective data to ensure that proposed solutions enhance the development of an efficient and competitive transport sector;
Amendment 69 #
Draft opinion Paragraph 3 a (new) 3a. Stresses that combating social dumping must, under no circumstances, penalise those workers who are being exploited by certain transport enterprises; calls, in this regard, for the prosecution of employers in the transport sector who implement bad and fraudulent practices with the aim of evading social and labour laws of the state where their registered office is actually located; calls on the Commission to draw up a blacklist of European companies that systematically breach social and labour legislation in all transport sectors, leading to their haulage permits being withdrawn;
Amendment 7 #
Draft opinion Recital A a (new) Aa. having regard to the White Paper on Transport 2011: Roadmap to a Single European Transport Area - Towards a competitive and resource efficient transport system;
Amendment 70 #
Draft opinion Paragraph 3 b (new) 3b. Notes the disparities in labour and social conditions across the EU transport sector, which have, moreover, been exacerbated by the economic crisis and necessitate the urgent restructuring of the sector; calls on the Commission to study the situation, and to present a package of specific support and aid measures for the said restructuring of the workers in this sector;
Amendment 71 #
Draft opinion Paragraph 4 4. Calls on the Commission and the Member States to suspend such business practices as precarious contracts (bogus self-employment, zero-hour contracts, pay- to-fly-schemes, etc.)
Amendment 72 #
Draft opinion Paragraph 4 4. Calls on the Commission and the Member States to
Amendment 73 #
Draft opinion Paragraph 4 4. Calls on the Commission and the Member States to
Amendment 74 #
Draft opinion Paragraph 4 4. Calls on the Commission and the Member States to suspend
Amendment 75 #
Draft opinion Paragraph 4 4. Calls on the European Commission and the Member States to suspend such business practices as precarious contracts (bogus self-employment, zero-hour contracts, pay-
Amendment 76 #
Draft opinion Paragraph 4 4. Calls on the Commission and the Member States to suspend such business practices as precarious contracts (bogus self-employment, zero-hour contracts, pay- to-fly-schemes, etc.), letter-box companies and flags of convenience in order to ensure the social protection of workers; stresses at the same time that these unacceptable practices may not serve as an official basis for adopting national protectionist measures, which may in any case be counterproductive and which may break up the EU's single internal market and reduce competitiveness;
Amendment 77 #
Draft opinion Paragraph 4 4. Calls on the Commission and the Member States to
Amendment 78 #
Draft opinion Paragraph 4 4. Calls on the Commission and the Member States to
Amendment 79 #
Draft opinion Paragraph 4 4. Calls on the Commission and the Member States to
Amendment 8 #
Draft opinion Recital A a (new) Aa. whereas freedom of movement for workers is one of the European Union’s fundamental freedoms and workers in the transport sector are, by their very nature, extremely mobile, they are seriously affected by national measures such as weekend bans and other similar restrictions, and as a consequence suitable arrangements should be made for them to engage in the profession of haulier;
Amendment 80 #
Draft opinion Paragraph 4 4. Calls on the Commission and the Member States to
Amendment 81 #
Draft opinion Paragraph 4 4. Calls on the Commission and the Member States to
Amendment 82 #
Draft opinion Paragraph 4 4. Calls on the Commission and the Member States to
Amendment 83 #
Draft opinion Paragraph 4 4. Calls on
Amendment 84 #
Draft opinion Paragraph 4 4.
Amendment 85 #
Draft opinion Paragraph 4 4. Calls on the Commission and the Member States to suspend such business practices as precarious contracts (bogus self-employment, zero-hour contracts, pay- to-fly-schemes, etc.), letter-box companies and flags of convenience, by means of severe penalties, in order to ensure the social protection of workers;
Amendment 86 #
Draft opinion Paragraph 4 4. Calls on the Commission and the Member States to
Amendment 87 #
Draft opinion Paragraph 4 4. Calls on the Commission and the Member States to
Amendment 88 #
Draft opinion Paragraph 4 4. Calls on the Commission and the Member States to suspend such business practices as precarious contracts (bogus self-employment, zero-hour contracts, pay- to-fly-schemes, etc.)
Amendment 89 #
Draft opinion Paragraph 4 4. Calls on the Commission and the Member States to
Amendment 9 #
Draft opinion Recital A c (new) Ac. whereas a growing number of enterprises based in the countries with the best social conditions are establishing themselves in other states that, owing to their recent accession to the EU or the effects of the crisis, offer more competitive labour conditions, with the sole aim of circumventing applicable labour legislation;
Amendment 90 #
Draft opinion Paragraph 4 4. Calls on the Commission and the Member States to
Amendment 91 #
Draft opinion Paragraph 4 4. Calls on the Commission and the Member States to suspend such business practices as
Amendment 92 #
Draft opinion Paragraph 4 4. Calls on the Commission and the
Amendment 93 #
Draft opinion Paragraph 4 a (new) 4a. Urges the Commission to ensure that workers in the European transport and tourism sectors who are not residents of the EU also comply with the safety requirements applicable under European law;
Amendment 94 #
Draft opinion Paragraph 4 a (new) 4a. Stresses that letter-box companies, among others, can be tackled by making a clear distinction between freedom of establishment and the freedom to provide services, so that activities of an enterprise in another Member State in which it is not established are clearly temporary in nature;
Amendment 95 #
Draft opinion Paragraph 4 a (new) 4a. Strongly urges the Commission and Member States, with regard to the EASA Regulation and other relevant legislation, to support direct employment contracts as the standard model and to restrict the use of atypical employment contracts;
Amendment 96 #
Draft opinion Paragraph 4 a (new) 4a. Recalls, however, the legitimate right to exercise the profession of haulier in the EU and the possibility that workers and self-employed persons will perform their services outside the EU, under European cabotage legislation; calls on the Commission to take action against the recent decisions adopted by some Member States that infringe this right and seek to protect the workers of their countries with protectionist measures and unjustified barriers;
Amendment 97 #
Draft opinion Paragraph 5 5. Calls for the introduction of timely and appropriate control devices, using modern technology, for all transport modes for professional use so as to monitor working and rest time effectively, with a view to ensuring proper implementation of existing legislation;
Amendment 98 #
Draft opinion Paragraph 5 5. Calls for the
Amendment 99 #
Draft opinion Paragraph 5 5. Calls for increased controls on the implementation of working time and rest times in transport; Calls for the introduction of appropriate control devices, using modern technology,
source: 575.337
2016/02/25
EMPL
704 amendments...
Amendment 1 #
Motion for a resolution Title on social dumping in the European Union: ensuring fair competition, equal treatment and convergence between economic and social partners,
Amendment 10 #
Motion for a resolution Citation 7 a (new) — having regard to Regulation (EC) No 561/2006 on driving time and leisure time and to Directive 2002/15/EC of the European Parliament and of the Council on the organisation of the working time of persons performing mobile road transport activities,
Amendment 100 #
Motion for a resolution Recital D D. having regard to the importance of the principle of
Amendment 101 #
Motion for a resolution Recital D D. having regard to the importance of the principle of 'equal pay
Amendment 102 #
Motion for a resolution Recital D D. having regard to the importance of the principle of 'equal pay
Amendment 103 #
Motion for a resolution Recital D D. having regard to the importance of the declaration by the President of the Commission of the principle of ‘equal pay
Amendment 104 #
Motion for a resolution Recital D D. having regard to the importance of the principle of ‘equal pay
Amendment 105 #
Motion for a resolution Recital D D. having regard to the importance of the
Amendment 106 #
Motion for a resolution Recital D a (new) D a. whereas introducing the principle of "equal pay for equal work in the same place" at EU level could impose a significant barrier to the proper functioning of the single market;
Amendment 107 #
Motion for a resolution Recital D a (new) Da. whereas the Commission has announced that during 2016 it intends to propose new initiatives concerning road transport, including the social aspects;
Amendment 108 #
Motion for a resolution Recital D a (new) Da. whereas dumping, whether social, fiscal or environmental, is contrary to European values as it endangers the protection of EU citizens’ rights 1 a; __________________ 1a http://www.europarl.europa.eu/sides/getD oc.do?pubRef=-//EP//TEXT+TA+P8-TA- 2015-0252+0+DOC+XML+V0//EN
Amendment 109 #
Motion for a resolution Recital D a (new) Da. whereas the construction, catering, agriculture, health and transport sectors are those most frequently affected by social dumping; whereas the transport sector is a case apart, given the high mobility of workers;
Amendment 11 #
Motion for a resolution Citation 8 a (new) - having regard to Council Regulation (EEC) No 3577/92 of 7 December 1992 concerning the application of the principle of free movement of services to maritime transport within Member States, __________________ 1a OJ L 364, 12.12.1992, p. 7.
Amendment 110 #
Motion for a resolution Recital D a (new) D a. having regard to the fact that posted workers make up about 0,6% of the entire EU labour force2a, __________________ 2aSee: Jozef Pacolet & Frederic De Wispelaere, Posting of workers, Report on A1 portable documents issued in 2012 and 2013, p. 15. According to EUROSAT data, the entire EU labour force in 2013 amounted to 243.2 million people (Labour force survey overview 2013, EUROSTAT (http://ec.europa.eu/eurostat/statistics- explained/index.php/Labour_force_survey _overview_2013#Labour_force_in_the_E U)
Amendment 111 #
Motion for a resolution Recital D a (new) Da. whereas the number of posted workers in the Union is put at 1.2 million, mainly in the construction (25% of posted workers), services, transport, communication and agriculture sectors;
Amendment 112 #
Motion for a resolution Recital D a (new) Da. whereas some companies that abuse the principle of free movement tend to set up their operations abroad through subsidiaries to exploit wage and tax regulations more favourable than those in the country of origin;
Amendment 113 #
Motion for a resolution Recital D a (new) Da. whereas the free movement of persons is essential to the European project, and also a prerequisite for achieving economic, social and territorial cohesion goals in order to bring about a solid and sustainable level of competitiveness in all Member States;
Amendment 114 #
Motion for a resolution Recital D a (new) D a. whereas when it comes to competiveness, pay and wage plays an important role but it is only one factor of economic activity, other aspects of entrepreneurships could also be inspected (taxes, customs, access to financial markets, prices and availability of public services, etc.) accordingly, therefore, different pay rates among Member States do not constitute unfair competition, but are rather a natural phenomenon in economic reality of the EU. In this context, also the social security systems of Member States should not be questioned as they represent a significant part of their national social policies (this concerns also differences in the levels of minimum wages and insurance premiums).
Amendment 115 #
Motion for a resolution Recital D a (new) Da. whereas instruments that help combat fraud and social dumping, such as Directive 2014/67/EU, have still to be implemented in several Member States and their impact will have to be properly analysed;
Amendment 116 #
Motion for a resolution Recital D a (new) Da. whereas there is a need to verify the state of implementation and the benefits of applying Directive 96/71/EC concerning the posting of workers in the framework of the provision of services;
Amendment 117 #
Motion for a resolution Recital D a (new) Da. whereas the Court of Justice of the European Union has highlighted, in its judgment in Case C-396/13, that Directive 96/71/EC tends, on the one hand, to ensure fair competition between domestic businesses and businesses which provide transnational services, and, on the other, to ensure that a nucleus of mandatory rules laying down minimum protection in the host Member State apply to posted workers;
Amendment 118 #
Motion for a resolution Recital D a (new) Da. whereas undeclared work harms not only workers, but also employers who observe the rules and who thus find themselves facing unfair competition from employers who do not;
Amendment 119 #
Motion for a resolution Recital D a (new) Da. having regard to the important role that European employers’ federations and trade union can play in the struggle against social dumping;
Amendment 12 #
Motion for a resolution Citation 9 a (new) - having regard to Council Directive 1999/63/EC of 21 June 1999 concerning the Agreement on the organisation of working time of seafarers concluded by the European Community Shipowners' Association (ECSA) and the Federation of Transport Workers' Unions in the European Union (FST), as amended by Council Directive 2009/13/EC of 16 February 2009 implementing the Agreement concluded by the European Community Shipowners' Associations (ECSA) and the European Transport Workers' Federation (ETF) on the Maritime Labour Convention, 2006,
Amendment 120 #
Motion for a resolution Recital D a (new) D a. whereas substantial differences in labour conditions and wages persist in the Union and whereas social upward convergence is key to prosperity and enhanced internal demand within the whole Union,
Amendment 121 #
Motion for a resolution Recital D b (new) D b. having regard to the fact that one of the main principles of EU policies is a social cohesion, which means a constant and ongoing approximation of wages and social security protection guaranteed to all workers, be it local or mobile;
Amendment 122 #
Motion for a resolution Recital D b (new) D b. whereas the setting of wages is a Member State competence;
Amendment 123 #
Motion for a resolution Recital D b (new) Db. whereas the CJEU has highlighted, in its judgment in Case C-396/13, that the host Member State is competent to determine the level of the minimum wage and the method of calculating and to assess the criteria employed for that purpose;
Amendment 124 #
Motion for a resolution Recital D b (new) Db. whereas in those Member States where the minimum wage is inadequate the posting of workers may force down wages for other workers in the host country, and effectively cause unfair competition;
Amendment 125 #
Motion for a resolution Recital D b (new) D b. whereas wage differences are the main reason for departure from home countries for workers, with vulnerability, abuse of workers and brain drain as a consequence for the home country,
Amendment 126 #
Motion for a resolution Recital D b (new) Db. whereas the posting of workers should facilitate the sharing of skills and professional experience, and not be a cause of social dumping;
Amendment 127 #
Motion for a resolution Recital D b (new) Db. whereas the problem of social dumping stems mainly from cases of fraud in violation of the European legislation in force;
Amendment 128 #
Motion for a resolution Recital D b (new) Db. whereas the scope for action on the part of the host Member State's labour inspectors is relatively limited in the context of the joint monitoring actions carried out when fraud is suspected (simple physical reinforcement, no possibility of taking statements);
Amendment 129 #
Motion for a resolution Recital D b (new) Db. whereas rigorous action on the part of Member State labour inspectorates and closer, systematic coordination between them are essential;
Amendment 13 #
Motion for a resolution Citation 10 a (new) - having regard to its legislative resolution of 2 February 2016 on the proposal for a decision of the European Parliament and of the Council on establishing a European Platform to enhance cooperation in the prevention and deterrence of undeclared work, (COM(2014)0221 - C7-0144/2014- 2014/0124(COD)),
Amendment 130 #
Motion for a resolution Recital D b (new) D b. having regard to the commitment of not increasing the financial burden for business, SMEs in particular,
Amendment 131 #
Motion for a resolution Recital D b (new) D b. whereas according to Directive 96/71/EC Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 18 June 2016;
Amendment 132 #
Motion for a resolution Recital D b (new) Db. having regard to the importance of assessing the impact of the implementation of Directive 2014/67/EU, once it has been transposed in all Member States, in order to determine its real impact in the struggle against the various types of fraud identified in the context of the posting of workers;
Amendment 133 #
Motion for a resolution Recital D b (new) Db. whereas we do not yet know which Member States have correctly implemented Directive 2014/67/EU on the enforcement of Directive 96/71/EC;
Amendment 134 #
Motion for a resolution Recital D c (new) Dc. whereas most Member States have not yet transposed Directive 2014/67/EU, even though the deadline is 18 June 2016;
Amendment 135 #
Motion for a resolution Recital D c (new) D c. having regard to the idea behind posting is to ensure the balance between the freedom to provide services (by simplifying the employment of the workers of a company which provides the service) and between social rights, and therefore posted workers are not part of the host Member States' labour market and are not entitled to search for work or to apply for unemployment benefits there.
Amendment 136 #
Motion for a resolution Recital D c (new) D c. whereas the tackling of large scale abuse is essential to maintain the freedom of movement in the internal market and solidarity within the Union,
Amendment 137 #
Motion for a resolution Recital D d (new) Dd. Due to a very wide meaning and various possibilities of interpretation of "social dumping" , as well as due to the fact that this term is often being wrongly overused, calls on all relevant stakeholders to limit its use and instead to be more precise and refer to concrete examples of abuse of law;
Amendment 138 #
Motion for a resolution Recital D d (new) Dd. whereas strong safeguards to protect the rights of posted workers and to prevent 'social dumping' are laid down in Directive 96/71/EC, that presents a core of mandatory rules regarding the terms and conditions of employment to be applied to an employee posted to work in another Member State,
Amendment 139 #
Motion for a resolution Recital D d (new) Dd. whereas strong safeguards to protect the rights of posted workers and to prevent illegal activities are laid down in the Directive 96/71/EC, that presents a core mandatory rules regarding the terms and conditions of employment to be applied to an employee posted to work in another Member State;
Amendment 14 #
Motion for a resolution Citation 10 a (new) - having regard to the successful establishment of the European Platform for Undeclared work and its upcoming first work meetings in 2016,
Amendment 140 #
Motion for a resolution Recital D e (new) D e. whereas the economic differences among Member States cannot be solved by simple modifying the Posting of Workers Directive (Directive 96/71/EC) and the current relevant legal framework for implementation (Directive 2014/67/EU) has not been fully implemented in Member States, and therefore there is no available evaluation in terms of the efficiency of the basic legislation,
Amendment 141 #
Motion for a resolution Recital D e (new) D e. having regard to the on-going implementation of the Posting of Workers Enforcement Directive (2014/67/EU) and its aim to further increase the protection of posted workers and to specifically tackle cases of "social dumping",
Amendment 142 #
Motion for a resolution Subheading I I. Reinforcing controls and coordination between and by Member States
Amendment 143 #
Motion for a resolution Paragraph -1 (new) -1. Calls for the stepping-up of checks in relation to compliance with work, standby, driving and rest times in all relevant sectors, such as construction, catering, health and transport, and for the imposition of penalties for serious non- compliance;
Amendment 144 #
Motion for a resolution Paragraph -1 (new) -1. Calls on those Member States which have not yet done so to transpose Directive 2014/67/EU in order to ensure its effective application as soon as possible;
Amendment 145 #
Motion for a resolution Paragraph 1 Amendment 146 #
Motion for a resolution Paragraph 1 Amendment 147 #
Motion for a resolution Paragraph 1 Amendment 148 #
Motion for a resolution Paragraph 1 1. Calls on the
Amendment 149 #
Motion for a resolution Paragraph 1 1. Calls on the Commission to
Amendment 15 #
Motion for a resolution Citation 10 a (new) - having regard to the recently adopted decision on Establishing the European Platform to enhance cooperation in the prevention and deterrence of Undeclared Work,
Amendment 150 #
Motion for a resolution Paragraph 1 1.
Amendment 151 #
Motion for a resolution Paragraph 1 1.
Amendment 152 #
Motion for a resolution Paragraph 1 1. Calls on
Amendment 153 #
Motion for a resolution Paragraph 1 1.
Amendment 154 #
Motion for a resolution Paragraph 1 1.
Amendment 155 #
Motion for a resolution Paragraph 1 1. Calls on the Commission
Amendment 156 #
Motion for a resolution Paragraph 1 1. Calls on the Commission to
Amendment 157 #
Motion for a resolution Paragraph 1 1. Calls on the Commission to submit a proposal
Amendment 158 #
Motion for a resolution Paragraph 1 1. Calls on the Commission to submit a proposal for a directive based on ILO Convention No. 81 on labour inspection in order to ensure the respect of labour standards and the protection of workers, such as provisions relating to working time, safety, and health; recalls the important role ensured by social partners in order to ensure that existing legislations are respected;
Amendment 159 #
Motion for a resolution Paragraph 1 1. Believes that ensuring a level playing- field across the EU and eliminating unfair competition and social dumping is crucial; stresses that labour inspectorates and trade unions play a key role in enforcing workers' rights to decent pay and working conditions, and in providing consultation and guidance to employers; Calls on the Commission to submit a proposal for a directive based on ILO Convention No. 81 on labour inspection;
Amendment 16 #
Motion for a resolution Citation 10 a (new) - having regard to the decision of the European Parliament and the Council on establishing a European Platform to enhance cooperation in the prevention and deterrence of undeclared work,
Amendment 160 #
Motion for a resolution Paragraph 1 a (new) 1 a. Welcomes the Commission´s intention to evaluate EU OSH legislation as part of the Smart Regulation programme;
Amendment 161 #
Motion for a resolution Paragraph 1 a (new) 1a. Emphasises the importance of stepping up checks on the working conditions of workers in labour-intensive sectors;
Amendment 162 #
Motion for a resolution Paragraph 1 a (new) 1a. Calls for a thorough review of the 1996 directive on the posting of workers, rather than a simple strengthening of controls in the event of breaches of the rules;
Amendment 163 #
Motion for a resolution Paragraph 1 a (new) 1a. Warmly welcomes the agreement to establish a European platform to combat undeclared work which brings together the Commission, the social partners and national authorities in order to step up the fight against undeclared work throughout the Union; regards the platform as a prime example of the added value which the Union brings to social policy;
Amendment 164 #
Motion for a resolution Paragraph 1 b (new) 1b. Calls for social contributions to be calculated in accordance with the rules in force in the host country and to be paid into the social security fund of the country of origin;
Amendment 165 #
Motion for a resolution Paragraph 2 2. Calls on Member States to
Amendment 166 #
Motion for a resolution Paragraph 2 2. Calls on Member States to i
Amendment 167 #
Motion for a resolution Paragraph 2 2. Calls on Member States to
Amendment 168 #
Motion for a resolution Paragraph 2 2. Calls on Member States to increase the
Amendment 169 #
Motion for a resolution Paragraph 2 2. Calls on the Member States to increase the
Amendment 17 #
Motion for a resolution Citation 10 a (new) - having regard to the adoption of the European Platform to enhance cooperation in the prevention and deterrence of undeclared work,
Amendment 170 #
Motion for a resolution Paragraph 2 2. Calls on Member States to
Amendment 171 #
Motion for a resolution Paragraph 2 2. Calls on Member States to
Amendment 172 #
Motion for a resolution Paragraph 2 2. Calls on Member States to increase the staffing levels and resources
Amendment 173 #
Motion for a resolution Paragraph 2 2. Calls on Member States to increase the staffing levels and resources of their labour inspectorates and their liaison offices, in
Amendment 174 #
Motion for a resolution Paragraph 2 2. Calls on Member States to increase the staffing levels and resources
Amendment 175 #
Motion for a resolution Paragraph 2 2. Calls on Member States to increase the staffing levels and resources of their social and labour inspectorates and their liaison offices, in particular for interpretation and translation; in addition, calls on Member States to draw up Union-wide in-service training programmes for inspectors who deal with issues such as bogus self- employment and the posting of workers, to identify the new techniques used to circumvent the rules and to organise cross-border checks; recommends, further, that local social and labour inspection services carry out ad hoc joint cross-border checks, in particular in areas close to borders;
Amendment 176 #
Motion for a resolution Paragraph 2 2. Calls on Member States to increase the staffing levels and resources of their labour inspectorates and their liaison offices, in particular for interpretation and translation; encourages Member States to increase and improve the continuing education and training of labour inspectorates, as recommended by the European Economic and Social Committee; stresses the importance of ensuring access to private areas for national labour inspectorates and social partners, since this is a prerequisite for them to carry out their job and check for cases of social dumping.
Amendment 177 #
Motion for a resolution Paragraph 2 2. Calls on Member States to improve cross-border cooperation between inspection services and an electronic exchange of information and data, in order to set up more efficient controls to combat and prevent social fraud; to increase the staffing levels and resources of their labour inspectorates and their liaison offices, in particular for interpretation and translation;
Amendment 178 #
Motion for a resolution Paragraph 2 2. Calls on Member States to increase the staffing levels and resources of their labour inspectorates, agencies and their liaison offices,
Amendment 179 #
Motion for a resolution Paragraph 2 2. Calls on Member States to increase the staffing levels and resources
Amendment 18 #
Motion for a resolution Citation 10 a (new) - having regard to European platform to enhance cooperation in the prevention and deterrence of undeclared work,
Amendment 180 #
Motion for a resolution Paragraph 2 2. Calls on Member States to increase the staffing levels and resources of their labour inspectorates and their liaison offices, by applying modern IT services and solutions available in the given country, in particular for improving interpretation and translation;
Amendment 181 #
Motion for a resolution Paragraph 2 2. Calls on Member States to increase the staffing levels and resources of their control bodies, including labour
Amendment 182 #
Motion for a resolution Paragraph 2 2. Calls on Member States to increase the staffing levels and resources
Amendment 183 #
Motion for a resolution Paragraph 2 2. Calls on Member States to increase and improve the efficiency of the staffing levels and resources of their labour inspectorates and their liaison offices, in particular for interpretation and translation;
Amendment 184 #
Motion for a resolution Paragraph 2 2. Calls on Member States to increase the staffing levels and resources of their labour inspectorates and their liaison offices, in
Amendment 185 #
Motion for a resolution Paragraph 2 2. Calls on Member States to increase the staffing levels, scope and resources of their labour inspectorates and their liaison offices, in particular for interpretation and translation;
Amendment 186 #
Motion for a resolution Paragraph 2 a (new) 2 a. Calls on the Member State to swiftly finalise the implementation of the Enforcement Directive on Posting of workers 2014/67/EU and calls on the Commission to closely monitor the transposition and exercise of corresponding national laws in practice;
Amendment 187 #
Motion for a resolution Paragraph 3 Amendment 188 #
Motion for a resolution Paragraph 3 Amendment 189 #
Motion for a resolution Paragraph 3 3.
Amendment 19 #
Motion for a resolution Citation 11 a (new) - having regard to the Eurofound report entitled “Posted workers in the European Union (2010)1a” and the national reports, __________________ 1a http://www.eurofound.europa.eu/publicati ons/report/2010/working-conditions- industrial-relations/posted-workers-in- the-european-union
Amendment 190 #
Motion for a resolution Paragraph 3 3. Calls for
Amendment 191 #
Motion for a resolution Paragraph 3 3. Calls for
Amendment 192 #
Motion for a resolution Paragraph 3 3. Calls
Amendment 193 #
Motion for a resolution Paragraph 3 3.
Amendment 194 #
Motion for a resolution Paragraph 3 3.
Amendment 195 #
Motion for a resolution Paragraph 3 3.
Amendment 196 #
Motion for a resolution Paragraph 3 3. Calls for
Amendment 197 #
Motion for a resolution Paragraph 3 3. Calls
Amendment 198 #
Motion for a resolution Paragraph 3 3. Calls
Amendment 199 #
Motion for a resolution Paragraph 3 3.
Amendment 2 #
Motion for a resolution Citation 1 a (new) - having regard to the fundamental freedom of movement of workers (Article 45 TFEU) and the free movement of services (Article 56 TFEU),
Amendment 20 #
Motion for a resolution Citation 11 a (new) - having regard to the Eurofound report entitled “Posted workers in the European Union” (2010) and the national reports,
Amendment 200 #
Motion for a resolution Paragraph 3 3. Calls for the creation of a European body of cross-border labour inspectors to carry out on-the-spot checks in suspected cases of
Amendment 201 #
Motion for a resolution Paragraph 3 3. Calls
Amendment 202 #
Motion for a resolution Paragraph 3 3. Calls for the
Amendment 203 #
Motion for a resolution Paragraph 3 3. Calls
Amendment 204 #
Motion for a resolution Paragraph 3 3. Calls
Amendment 205 #
Motion for a resolution Paragraph 3 3. Calls for
Amendment 206 #
Motion for a resolution Paragraph 3 3. Calls for
Amendment 207 #
Motion for a resolution Paragraph 3 3. Calls for the creation of a European body of cross-border social and labour inspectors to carry out on-the-spot checks in suspected cases of social dumping, including by identifying 'letterbox companies', which body would work, for the sake of efficiency, in coordination with the platform for combating undeclared work
Amendment 208 #
Motion for a resolution Paragraph 3 3. Calls for the creation of a
Amendment 209 #
Motion for a resolution Paragraph 3 3. Calls for the creation of a European body of cross-border labour inspectors to carry out on-the-spot checks
Amendment 21 #
Motion for a resolution Citation 11 a (new) - having regard to the Eurofound report entitled "Posted workers in the European Union" (2010),
Amendment 210 #
Motion for a resolution Paragraph 3 3.
Amendment 211 #
Motion for a resolution Paragraph 3 3. Calls for the creation of a European body of cross-border labour inspectors to carry out on-the-spot checks in suspected cases of social dumping, including by identifying 'letterbox companies', said body would work in coordination with the platform for combating undeclared work in order to limit the financial burden involved; this European body of inspectors would create a network of national social inspection services in order to promote information exchange;
Amendment 212 #
Motion for a resolution Paragraph 3 3. Calls for the creation of a European body of cross-border labour inspectors to carry out on-the-spot checks in suspected cases of social dumping, including by identifying 'letterbox companies', which body would work in coordination with the platform against undeclared work in order to limit the financial burden involved; calls for increasing controls of recruitment agencies which are often involved in different forms of abuse and labour exploitation;
Amendment 213 #
Motion for a resolution Paragraph 3 3. Calls for the creation of a European body of cross-border labour inspectors to carry out on-the-spot checks in suspected cases of social dumping, including by identifying 'letterbox companies', which body would work in coordination with the platform against undeclared work in order to limit the financial burden involved; at the same time, emphasises that these wrong practices may not serve as a basis reference for taking of protectionist national measures, which could otherwise be counterproductive, and could lead to the fragmentation of the internal market of the European Union and the reduction of competitiveness;
Amendment 214 #
Motion for a resolution Paragraph 3 a (new) 3 a. Recognizes that social dumping very often is a result of various forms of undeclared work and calls for the issues regarding social dumping to be discussed by the European Platform to enhance cooperation in tackling undeclared work;
Amendment 215 #
Motion for a resolution Paragraph 3 a (new) 3 a. Calls on Europol to set up a unit to investigate financial crimes related to social dumping, such as the setting up of letterbox companies and cross border social security fraud,
Amendment 216 #
Motion for a resolution Paragraph 3 a (new) 3 a. Calls on the Member States to ensure exchange of information and to improve coordination between labour inspectorates in order to improve cross-border cooperation; urges the Commission to further strengthen the cooperation of national labour inspectors in the Senior Labour Inspectors Committee (SLIC);
Amendment 217 #
Motion for a resolution Paragraph 3 a (new) 3a. Urges Member States to foster exchanges of information between labour inspectors and, following proper training, with the European body of cross-border labour inspectors, and to create a joint database of ‘letter box companies’, their holding companies and their commercial partners; (Information-exchange and data-sharing in the European Union are an essential precondition to combating all illegal activity.)
Amendment 218 #
Motion for a resolution Paragraph 3 a (new) 3 a. Calls for means of effective cooperation between labour inspections via standards documents.
Amendment 219 #
Motion for a resolution Paragraph 3 a (new) 3 a. Calls for the establishment of a confidential reporting system, with the aim of facilitating the inspectorates tasks and their effectiveness;
Amendment 22 #
Motion for a resolution Citation 11 a (new) - having regard to the Eurofound Industrial Relations Dictionary1a, __________________ 1a https://www.eurofound.europa.eu/observa tories/eurwork/industrial-relations- dictionary
Amendment 220 #
Motion for a resolution Paragraph 4 Amendment 221 #
Motion for a resolution Paragraph 4 4. Calls for the implementation by Member States of
Amendment 222 #
Motion for a resolution Paragraph 4 4. Calls for the implementation by Member States of
Amendment 223 #
Motion for a resolution Paragraph 4 4. Calls for the implementation by Member States of electronic systems for the registration
Amendment 224 #
Motion for a resolution Paragraph 4 4. Calls for the
Amendment 225 #
Motion for a resolution Paragraph 4 4. Calls
Amendment 226 #
Motion for a resolution Paragraph 4 4. Calls
Amendment 227 #
Motion for a resolution Paragraph 4 4. Calls for checking whether i
Amendment 228 #
Motion for a resolution Paragraph 4 4.
Amendment 229 #
Motion for a resolution Paragraph 4 4. Calls for the implementation by Member States of electronic systems for the registration of the prior declaration of posting missions; recommends, in that connection, appropriate training to create an effective system and avoid further burdensome red tape;
Amendment 23 #
Motion for a resolution Citation 11 a (new) - having regard to the common statement of the Commission and Member States (10048/96 ADD 1) which defines clearly that international passenger or freight transport by rail, road, air and water does not fall under posting,
Amendment 230 #
Motion for a resolution Paragraph 4 a (new) 4a. Calls on Member States to guarantee the interoperability of systems and direct access to said systems;
Amendment 231 #
Motion for a resolution Paragraph 4 a (new) 4 a. Stresses the need for urgent extension of the joint and several liability of the construction sector in Directive 2014/67/EU to all economic sectors, and at least to the agricultural, food processing, transport, care and domestic services sectors, for a comprehensive approach against social dumping,
Amendment 232 #
Motion for a resolution Paragraph 4 a (new) 4 a. Calls on the European Commission to launch a new report on progress made by Member States in making the necessary improvements to their national tax administrations and systems for the purposes of tackling tax fraud, as was proposed in the Commission Communication "An Action Plan to strengthen the fight against tax fraud and tax evasion1 a, __________________ 1a COM (2012)0722 final
Amendment 233 #
Motion for a resolution Paragraph 4 b (new) 4 b. Calls on the ad hoc administrative working group on the A1 form to step up their efforts by improving possibilities for enforcement through inserting prior declaration of posting to the A1 form and to introduce the possibility for oversight by collecting the A1 forms in one digital system,
Amendment 234 #
Motion for a resolution Paragraph 5 Amendment 235 #
Motion for a resolution Paragraph 5 5. Calls on the
Amendment 236 #
Motion for a resolution Paragraph 5 5. Calls on the
Amendment 237 #
Motion for a resolution Paragraph 5 5.
Amendment 238 #
Motion for a resolution Paragraph 5 5.
Amendment 239 #
Motion for a resolution Paragraph 5 5. Calls on the
Amendment 24 #
Motion for a resolution Citation 11 b (new) - having regard to the Commission's Better Regulation Agenda: Enhancing transparency and scrutiny for better EU law-making1a __________________ 1ahttp://europa.eu/rapid/press-release_IP- 15-4988_en.htm
Amendment 240 #
Motion for a resolution Paragraph 5 5. Calls on the Commission
Amendment 241 #
Motion for a resolution Paragraph 5 5. Calls on
Amendment 242 #
Motion for a resolution Paragraph 5 5. Calls on the Commission to
Amendment 243 #
Motion for a resolution Paragraph 5 5. Calls on the Commission to
Amendment 244 #
Motion for a resolution Paragraph 5 5. Calls on the Commission to submit a proposal for a directive based on ILO Convention No. 189 concerning decent work for domestic workers; urges, in that connection, that this directive should provide for appropriate training and information on the rights and obligations of this category of workers;
Amendment 245 #
Motion for a resolution Paragraph 6 Amendment 246 #
Motion for a resolution Paragraph 6 Amendment 247 #
Motion for a resolution Paragraph 6 Amendment 248 #
Motion for a resolution Paragraph 6 Amendment 249 #
Motion for a resolution Paragraph 6 6.
Amendment 25 #
Motion for a resolution Citation 12 a (new) - having regard to the study carried out by the European Parliament (2015) 'EU Social and Labour Rights and EU Internal Market Law' (IP/A/EMPL/ST/2014-02),
Amendment 250 #
Motion for a resolution Paragraph 6 6. Takes the view that the competent authorities should be able to
Amendment 251 #
Motion for a resolution Paragraph 6 6. Takes the view that, if needed and justified, the competent authorities should be able to
Amendment 252 #
Motion for a resolution Paragraph 6 6.
Amendment 253 #
Motion for a resolution Paragraph 6 6. Takes the view that the competent authorities should be able to suspend the provision of services in cases of serious breaches of legislation on postings;
Amendment 254 #
Motion for a resolution Paragraph 6 6. Takes the view that the competent authorities should be able to suspend the provision of services in cases of serious breaches of legislation on postings
Amendment 255 #
Motion for a resolution Paragraph 6 6. Takes the view that the competent authorities should be able to suspend the provision of services in cases of serious breaches of legislation on postings
Amendment 256 #
Motion for a resolution Paragraph 6 6. Takes the view that the competent authorities should be able to suspend the provision of services in cases of serious breaches of legislation on postings; considers that the amount of the fines should
Amendment 257 #
Motion for a resolution Paragraph 6 6. Takes the view that the competent authorities should be able to suspend the provision of services in cases of serious breaches of legislation and collective agreements on postings; considers that the amount of the fines should exceed employees' contributions
Amendment 258 #
Motion for a resolution Paragraph 6 6. Takes the view that the competent national authorities should be able to suspend the provision of services in cases of serious breaches of legislation on postings; considers that the amount of the fines should exceed employees' contributions;
Amendment 259 #
Motion for a resolution Paragraph 6 6. Takes the view that the competent authorities should be able to suspend the provision of services in cases of serious breaches of legislation on postings; calls on the European Commission to develop guidelines under the form of a positive list, of what is considered as a "serious breach" of legislation on postings; considers that the amount of the fines should exceed employees' contributions;
Amendment 26 #
Motion for a resolution Citation 12 b (new) - having regard to the study carried out by the European Commission (2015) 'Wage setting systems and minimum rates of pay applicable to posted workers in accordance with Directive 96/71/EC in a selected number of Member States and sectors' (VC/2015/0334),
Amendment 260 #
Motion for a resolution Paragraph 6 6. Takes the view that the competent authorities should be able to suspend the provision of services in cases of serious breaches of legislation on postings; considers that the amount of the fines should exceed employees' contributions; calls on the Commission to submit a proposal to harmonise the minimum penalties for social fraud in connection with the posting of workers, so that, on the basis of the penalties imposed, an EU- wide list can be drawn up of companies found guilty of breaching the law in this area; calls on the Commission to assess the scope for broadening the remit of the future European Public Prosecutor's Office to cover social fraud;
Amendment 261 #
Motion for a resolution Paragraph 6 a (new) 6 a. Takes the view that the competent authorities should be able to suspend the provision of services in cases of serious breaches of legislation on postings that endangers the life or health of workers;
Amendment 262 #
Motion for a resolution Paragraph 6 a (new) 6 a. Stresses the importance of ensuring that such safeguards do not amount to barriers for genuine businesses and workers doing business in another Member State;
Amendment 263 #
Motion for a resolution Paragraph 7 Amendment 264 #
Motion for a resolution Paragraph 7 Amendment 265 #
Motion for a resolution Paragraph 7 7.
Amendment 266 #
Motion for a resolution Paragraph 7 7. Requests th
Amendment 267 #
Motion for a resolution Paragraph 7 7. Requests th
Amendment 268 #
Motion for a resolution Paragraph 7 7.
Amendment 269 #
Motion for a resolution Paragraph 7 7.
Amendment 27 #
Motion for a resolution Citation 12 c (new) - having regard to the study carried out by the University Ghent and financed by the European Commission (2015) 'Atypical Forms of Employment in the Aviation Sector' (VS/2013/0346),
Amendment 270 #
Motion for a resolution Paragraph 7 7. Requests that information on postings
Amendment 271 #
Motion for a resolution Paragraph 7 7. Requests that information on postings should
Amendment 272 #
Motion for a resolution Paragraph 7 7. Requests that information on postings
Amendment 273 #
Motion for a resolution Paragraph 7 7. Requests that in
Amendment 274 #
Motion for a resolution Paragraph 7 7. Requests that information on postings should
Amendment 275 #
Motion for a resolution Paragraph 7 7.
Amendment 276 #
Motion for a resolution Paragraph 7 7. Requests that information on postings should not be retroactive and should be entered in a European electronic register; stresses that the competent authorities of the host Member State should be able to revise form A1 in the event of serious doubts about whether a posting is genuine; considers furthermore that the country of posting must be the country where the workers normally perform their work;
Amendment 277 #
Motion for a resolution Paragraph 7 7. Requests that information on postings should not be retroactive and should be entered in a European electronic register; stresses that the competent authorities of the host Member State, in cooperation with those of the sending State, should be able to revise form A1 in the event of serious doubts about whether a posting is genuine; calls on the Commission and the Member States to take all the measures required to ensure that the European Electronic Signature Standardisation Initiative (EESSI) is fully operational and used by all Member States;
Amendment 278 #
Motion for a resolution Paragraph 7 a (new) 7a. Emphasises that the failure on the part of companies and foreign posted workers to pay contributions damages pension schemes in the host country and that country’s own companies, which not only lose market share, but also have to cover the social cost of foreign competitors’ failure to pay contributions;
Amendment 279 #
Motion for a resolution Paragraph 8 Amendment 28 #
Motion for a resolution Recital -A (new) -A. Whereas the free movement of workers, freedom of establishment and freedom to provide services are fundamental principles of the internal market enshrined in the Treaty on the Functioning of the European Union (TFEU),
Amendment 280 #
Motion for a resolution Paragraph 8 Amendment 281 #
Motion for a resolution Paragraph 8 8. Recalls its appeal for the creation of
Amendment 282 #
Motion for a resolution Paragraph 8 8.
Amendment 283 #
Motion for a resolution Paragraph 8 8.
Amendment 284 #
Motion for a resolution Paragraph 8 8.
Amendment 285 #
Motion for a resolution Paragraph 8 8. Recalls its appeal for the creation of 'a forgery-proof European social security card (...) on which could be stored all the data needed to verify the bearer
Amendment 286 #
Motion for a resolution Paragraph 8 8. Recalls its appeal for the creation of 'a forgery-proof European social security card (...) on which could be stored all the data needed to verify the bearer’s employment relationship'11 ; wishes
Amendment 287 #
Motion for a resolution Paragraph 8 8. Recalls its appeal for the creation of 'a forgery-proof European social security card (...) on which could be stored all the data needed to verify the bearer’s employment relationship'11 ; wishes all the information associated with the worker's postings to feature on this card; underlines however that this provision must not restrict or undermine in any way the right of the host countries' authorities and social partners to review and to carry out controls and verifications on the data content of such a card; __________________ 11
Amendment 288 #
Motion for a resolution Paragraph 8 8. Recalls its appeal for the creation of 'a forgery-proof European social security card (...) on which could be stored all the data needed to verify the bearer’s employment relationship'1; wishes all the information associated with the worker's postings to feature on this card, and for the protection of this personal data to be guaranteed; __________________ 1
Amendment 289 #
Motion for a resolution Paragraph 8 8. Recalls its appeal for the creation of
Amendment 29 #
Motion for a resolution Recital -A a (new) -Aa. Whereas, the case-law of the Court of Justice of the European Union has established that the freedom to provide services implies, in particular, the abolition of any discrimination against a service provider on account of its nationality or the fact that it is established in a Member State other than the one in which the service is provided,
Amendment 290 #
Motion for a resolution Paragraph 8 8.
Amendment 291 #
Motion for a resolution Paragraph 8 8.
Amendment 292 #
Motion for a resolution Paragraph 8 8. Recalls its appeal for the creation of 'a forgery-proof European social security card (...) on which could be stored all the data needed to verify the bearer’s employment relationship'11; wishes all the information associated with the worker's postings to feature on this card;
Amendment 293 #
Motion for a resolution Paragraph 9 Amendment 294 #
Motion for a resolution Paragraph 9 Amendment 295 #
Motion for a resolution Paragraph 9 Amendment 296 #
Motion for a resolution Paragraph 9 Amendment 297 #
Motion for a resolution Paragraph 9 Amendment 298 #
Motion for a resolution Paragraph 9 Amendment 299 #
Motion for a resolution Paragraph 9 9.
Amendment 3 #
Motion for a resolution Citation 1 a (new) Amendment 30 #
Motion for a resolution Recital A A.
Amendment 300 #
Motion for a resolution Paragraph 9 9. Calls for a
Amendment 301 #
Motion for a resolution Paragraph 9 9. Calls for a
Amendment 302 #
Motion for a resolution Paragraph 9 9. Calls for a public list
Amendment 303 #
Motion for a resolution Paragraph 9 9. Calls for a public list to be drawn up of enterprises responsible for serious breaches of EU legislation
Amendment 304 #
Motion for a resolution Paragraph 9 9. Calls for a public list to be drawn up of enterprises responsible for serious breaches of EU legislation
Amendment 305 #
Motion for a resolution Paragraph 9 9. Calls for a public list to be drawn up of enterprises responsible for serious breaches of EU legislation, and for these enterprises to be denied access to public contracts, public subsidies and EU funds for a statutory period;
Amendment 306 #
Motion for a resolution Paragraph 9 a (new) 9a. Calls for the main contractor to be held fully liable in the event of social fraud in the organisation, at all levels;
Amendment 307 #
Motion for a resolution Paragraph 9 a (new) 9 a. Invite the Commission to promote an European social labelling system for services providers;
Amendment 308 #
Motion for a resolution Paragraph 9 a (new) 9 a. notes that introducing a principle of "equal pay for equal work at the same place" would constitute a serious barrier to the free movement of services; such principle has no legal basis and does not comply with TFEU, it is legally and practically unattainable,
Amendment 309 #
Motion for a resolution Paragraph 9 a (new) 9 a. Highlights that the freedom to provide services is central to the proper functioning of the single market; recognises at the same time that safeguards against unfair competition and protections for vulnerable workers are necessary and support the functioning of the single market; stresses however, that such safeguards must be proportionate and respect the principle of subsidiarity;
Amendment 31 #
Motion for a resolution Recital A A. having regard t
Amendment 310 #
Motion for a resolution Paragraph 9 a (new) 9 a. Stresses the need to complement the action against the breaches of social rights with a fight against tax fraud and tax evasion, in order to guarantee a fair competition and a level playing field for the enterprises;
Amendment 311 #
Motion for a resolution Paragraph 9 a (new) 9 a. Calls on the Member States for the efficient implementation and enforcement of Directive 96/71/EC and Directive 2014/67/EU, in order to ensure a fair treatment of posted workers and prevent abuses; stresses, however, the need for a continuing and detailed assessment of the effectiveness of the legal framework for the posting of workers;
Amendment 312 #
Motion for a resolution Paragraph 9 a (new) 9a. Calls on Member States to combat social dumping by imposing penalties that are not less than double the profit made from breaching European Union legislation, for which the company guilty of the breaches, the members of its board of directors, the members of its board of statutory auditors, and its associated companies should jointly and severally liable; (Deterrent and punitive penalties should be significant and, not just the company, but also those responsible for their administration, including de facto, and supervision should be jointly and severally liable.)
Amendment 313 #
Motion for a resolution Paragraph 9 b (new) 9 b. Calls on the Commission to take action to remove shortcomings which have been identified in the current rules, in order to combat social dumping and social and fiscal fraud effectively;
Amendment 314 #
Motion for a resolution Paragraph 9 b (new) 9 b. Calls for reasoned procedures, efficient and safe, and non-carriers of unnecessary administrative burdens.
Amendment 315 #
Motion for a resolution Subheading II Amendment 316 #
Motion for a resolution Subheading II Amendment 317 #
Motion for a resolution Subheading II II.
Amendment 318 #
Motion for a resolution Subheading II II. Addressing
Amendment 319 #
Motion for a resolution Subheading II II. Addressing regulatory gaps
Amendment 32 #
Motion for a resolution Recital A A.
Amendment 320 #
Motion for a resolution Subheading II II. Addressing regulatory gaps
Amendment 321 #
Motion for a resolution Subheading II II. Addressing regulatory gaps in order to
Amendment 322 #
Motion for a resolution Subheading II II. Addressing regulatory gaps in order to implement the principle of 'equal pay and equal social protection for the same work' and to prevent exploitation of mobile workers
Amendment 323 #
Motion for a resolution Paragraph 10 10. Calls on the Commission to
Amendment 324 #
Motion for a resolution Paragraph 10 10. Calls on the Commission
Amendment 325 #
Motion for a resolution Paragraph 10 10.
Amendment 326 #
Motion for a resolution Paragraph 10 10.
Amendment 327 #
Motion for a resolution Paragraph 10 10.
Amendment 328 #
Motion for a resolution Paragraph 10 10. Calls on the Commission to combat the phenomenon of letterbox companies
Amendment 329 #
Motion for a resolution Paragraph 10 10. Calls on the Commission to c
Amendment 33 #
Motion for a resolution Recital A A.
Amendment 330 #
Motion for a resolution Paragraph 10 10. Calls on the Commission and the Member States to combat the phenomenon of letterbox companies by, a
Amendment 331 #
Motion for a resolution Paragraph 10 10. Calls on the Commission to combat the phenomenon of letterbox companies
Amendment 332 #
Motion for a resolution Paragraph 10 10. Calls on the Commission to combat the phenomenon of letterbox companies
Amendment 333 #
Motion for a resolution Paragraph 10 10. calls on the Commission to combat the phenomenon of letterbox companies
Amendment 334 #
Motion for a resolution Paragraph 10 10. Calls on the Commission to combat the phenomenon of letterbox companies by applying more generally the principle that
Amendment 335 #
Motion for a resolution Paragraph 10 10. Calls on the Commission to combat the phenomenon of letterbox companies by applying more generally the principle that
Amendment 336 #
Motion for a resolution Paragraph 10 10. Calls on the Commission to combat the phenomenon of letterbox companies by applying more generally the principle that each company should have a single corporate headquarters; recalls the importance of enterprises having a ‘genuine activity’ in their Member State of origin as a justification for the posting or workers; recalls the rejection by the Committee on Employment and Social Affairs of the proposal for a directive on single-person limited liability companies;
Amendment 337 #
Motion for a resolution Paragraph 10 10. Calls on the Commission to co
Amendment 338 #
Motion for a resolution Paragraph 10 10. calls on the Commission to combat the phenomenon of letterbox companies
Amendment 339 #
Motion for a resolution Paragraph 10 10. calls on the Commission to combat the phenomenon of letterbox companies by applying more generally the principle that each company should have a single corporate headquarters; calls for consideration to be given to urgent measures to suspend a company’s operations in order to prevent fraudulent petitions for bankruptcy; recalls the rejection by the Committee on Employment and Social Affairs of the proposal for a directive on single-person limited liability companies;
Amendment 34 #
Motion for a resolution Recital A A. having regard to the
Amendment 340 #
Motion for a resolution Paragraph 10 10. Calls on the Commission to combat the phenomenon of letterbox companies by applying more generally the principle that each company should have a single corporate headquarters; calls for the development of a transparent and accessible business register of all EU- companies and a mandatory use of the Electronic Exchange of Social Security Information ; recalls the rejection by the Committee on Employment and Social Affairs of the proposal for a directive on single-person limited liability companies;
Amendment 341 #
Motion for a resolution Paragraph 10 a (new) 10a. Recalls the rejection by the Committee on Employment and Social Affairs of the proposal for a directive on single-person limited liability companies;
Amendment 342 #
Motion for a resolution Paragraph 10 a (new) 10 a. Firmly believes that a revision of the posting of workers directive in advance of the transposition of Directive 2014/67/EU will not only create legal uncertainty for businesses but will also have a negative effective on growth and job creation;
Amendment 343 #
Motion for a resolution Paragraph 10 a (new) 10 a. Calls for an effective enforcement of existing legislation, enhanced cross- border cooperation between relevant authorities, a renewed focus on administrative and stakeholder collaboration, and transparency, in order to tackle issues like undeclared work and bogus self-employment;
Amendment 344 #
Motion for a resolution Paragraph 10 a (new) 10a. Calls on the Commission to establish a clear definition of the difference between employees and self-employed persons so that consistent action can be taken against bogus self-employment;
Amendment 345 #
Motion for a resolution Paragraph 10 a (new) 10 a. Notes that the European Court of Human Rights has ruled in the Demir and Baykara and in the Enerji Yapi-Yol Sen cases, that the exercise of the right to form and join trade unions in accordance with Article 11 on the European Convention on Human Rights, is inextricably linked to the right to collective bargaining and the right to strike; regrets in this regard the current jurisprudence of the European Court of Justice in the cases of Viking and others, where the Court has rigorously limited the right to collective action in case of conflict with the economic freedoms of the internal market, and obliged trade unions to justify the proportionality of their collective action; considers that this will dissuade trade unions from using their right to collective action, also in order to initiate collective bargaining, and thus ultimately hinder the exercise of the fundamental right of freedom of association; considers therefore that the European Court of Justice must adapt its case law relating to the right to take collective action in order to bring it in line with essential human rights requirements;
Amendment 346 #
Motion for a resolution Paragraph 11 Amendment 347 #
Motion for a resolution Paragraph 11 Amendment 348 #
Motion for a resolution Paragraph 11 Amendment 349 #
Motion for a resolution Paragraph 11 Amendment 35 #
Motion for a resolution Recital A A. having regard to the
Amendment 350 #
Motion for a resolution Paragraph 11 Amendment 351 #
Motion for a resolution Paragraph 11 11. Notes that
Amendment 352 #
Motion for a resolution Paragraph 11 11. Notes that Directive 96/71/EC refers
Amendment 353 #
Motion for a resolution Paragraph 11 11. Notes that Directive 96/71/EC refers
Amendment 354 #
Motion for a resolution Paragraph 11 11. Notes that Directive 96/71/EC
Amendment 355 #
Motion for a resolution Paragraph 11 11. Notes that Directive 96/71/EC refers only to Articles 57 and 66 TFEU relating to the freedom to provide services and freedom of movement;
Amendment 356 #
Motion for a resolution Paragraph 11 11. Notes that Directive 96/71/EC refers only to Articles 57 and 66 TFEU relating to the freedom to provide services and freedom of movement; believes that its legal basis must be complemented by Articles 151 and 153 TFEU on an equal footing;
Amendment 357 #
Motion for a resolution Paragraph 11 11. Notes that Directive 96/71/EC refers only to Articles 57 and 66 TFEU relating to the freedom to provide services and freedom of movement; believes that the main aim of this Directive is to protect workers and considers therefore that its legal basis must be complemented by Articles 151 and 153 TFEU;
Amendment 358 #
Motion for a resolution Paragraph 12 Amendment 359 #
Motion for a resolution Paragraph 12 Amendment 36 #
Motion for a resolution Recital A A. having regard to the
Amendment 360 #
Motion for a resolution Paragraph 12 Amendment 361 #
Motion for a resolution Paragraph 12 Amendment 362 #
Motion for a resolution Paragraph 12 Amendment 363 #
Motion for a resolution Paragraph 12 12. Considers that the
Amendment 364 #
Motion for a resolution Paragraph 12 12. Considers that the
Amendment 365 #
Motion for a resolution Paragraph 12 12.
Amendment 366 #
Motion for a resolution Paragraph 12 12.
Amendment 367 #
Motion for a resolution Paragraph 12 12.
Amendment 368 #
Motion for a resolution Paragraph 12 12. Considers that the
Amendment 369 #
Motion for a resolution Paragraph 12 12.
Amendment 37 #
Motion for a resolution Recital A A.
Amendment 370 #
Motion for a resolution Paragraph 12 12. Considers that the notion of 'minimum wage' contained in Directive 96/71/EC
Amendment 371 #
Motion for a resolution Paragraph 12 12. Considers that the
Amendment 372 #
Motion for a resolution Paragraph 12 12. Considers that the notion of 'minimum wage' contained in Directive 96/71/EC should be
Amendment 373 #
Motion for a resolution Paragraph 12 12. Considers that
Amendment 374 #
Motion for a resolution Paragraph 12 12. Considers that the notion of 'minimum wage' contained in Directive 96/71/EC should be revised to ensure equal
Amendment 375 #
Motion for a resolution Paragraph 12 12. Considers that the notion of 'minimum wage' contained in Directive 96/71/EC should be
Amendment 376 #
Motion for a resolution Paragraph 12 12. Considers that the notion of 'minimum wage' contained in Directive 96/71/EC should be revised to ensure equal pay for posted workers and local workers in similar positions; stresses the need to
Amendment 377 #
Motion for a resolution Paragraph 12 12. Considers that the notion of 'minimum wage' contained in Directive 96/71/EC should be revised to ensure equal pay for posted workers and local workers in similar positions; stresses the need to respect the collective agreements of the host country and to ensure, through the revision of Regulations (EC) No 883/2004 and (EC) No 987/2009, the payment of gross earnings corresponding to the remuneration paid by the employer before
Amendment 378 #
Motion for a resolution Paragraph 12 12. Considers that the notion of 'minimum wage' contained in Directive 96/71/EC should be revised to ensure equal pay for posted workers and local workers in similar positions; stresses the need to respect the collective agreements of the host country and to ensure, through the revision of Regulations (EC) No 883/2004 and (EC) No 987/2009, the payment of gross earnings corresponding to the remuneration paid by the employer before the deduction of taxes and social security contributions payable by employees and withheld by the employer; recalls that specific postings bonuses should be paid on top of remuneration; considers that the wage of the posted worker should be at least aligned to the gross wage applied in the host Member State; the posting company should transfer the difference in social contributions to the competent authority of the home Member State of the worker so the outstanding amount will be used to provide additional social security benefits;
Amendment 379 #
Motion for a resolution Paragraph 12 12. Considers that the notion of 'minimum wage' contained in Directive 96/71/EC should be revised to ensure equal pay for posted workers and local workers in similar positions; stresses the need to respect the collective agreements of the host country and to ensure, through the revision of Regulations (EC) No. 883/2004 and (EC) No. 987/2009, the payment of gross earnings corresponding to the remuneration paid by the employer before the deduction of taxes and social security contributions payable by employees and withheld by the employer; recalls that specific postings bonuses should be paid on top of remuneration; stresses that the notion of ‘minimum wage’, like that of equal pay for posted workers and local workers in similar positions, are conditions that can be guaranteed by applying homogeneous economic and tax rules, which are the primary condition for fighting unfair competition and therefore social dumping;
Amendment 38 #
Motion for a resolution Recital A A. having regard to the increased trend towards undeclared work, bogus self- employment, outsourcing and subcontracting, leading to an increase in
Amendment 380 #
Motion for a resolution Paragraph 12 12. Considers that the notion of 'minimum wage' contained in Directive 96/71/EC should be revised to ensure equal pay for posted workers and local workers in similar positions; stresses the need to respect the collective agreements of the host country and to ensure, through the revision of Regulations (EC) No 883/2004 and (EC) No 987/2009, the payment of gross earnings corresponding to the remuneration paid by the employer before the deduction of taxes and social security contributions payable by employees and withheld by the employer; recalls that specific postings bonuses should be paid on top of remuneration; notes that the application of automatic stabilisers, which could efficiently compensate the impact of recessions in the individual countries to varying degrees, has been raised several times; European unemployment benefit could be one such stabiliser;
Amendment 381 #
Motion for a resolution Paragraph 12 a (new) 12a. Notes the intention of the European Commission to publish the Labour Mobility Package which will allegedly contain certain provisions with regards to posting of workers; calls on the European Commission to make sure new proposals continue to facilitate the freedom to provide services, while protecting workers' rights and are clear, proportionate, non- discriminatory and justified;
Amendment 382 #
Motion for a resolution Paragraph 12 a (new) 12a. Calls on the Commission to monitor the progress on the on-going implementation of the Enforcement Directive and to facilitate and assist Member States´ authorities with its implementation;
Amendment 383 #
Motion for a resolution Paragraph 12 a (new) 12a. Stresses the need for more clarification on the terms and conditions of employment and especially the making up of the minimum rates of pay within Directive 96/71/EC;
Amendment 384 #
Motion for a resolution Paragraph 12 a (new) 12a. Calls on the Commission and the Member States to introduce legislation for compulsory and automatic inclusion of posted workers in the relevant collective agreements at their place of work; where no local collective agreement exist, posted workers shall covered by the relevant sectorial collective agreement or law of the country they work in;
Amendment 385 #
Motion for a resolution Paragraph 12 a (new) 12 a. Calls on the Commission and the Member States to reflect, in the Administrative Commission for the Coordination of Social Security Systems, on allowing Member States to repay to another Member State contributions unduly withheld and to collect the original contributions in another Member State when that Member State allows them to do so;
Amendment 386 #
Motion for a resolution Paragraph 12 a (new) 12a. Is concerned about improper use of outsourcing by principals to evade their legal and financial obligations, with the sole aim of reducing labour costs; stresses the growing number of cases of social security fraud in long and complicated outsourcing chains; asks the Commission to propose a suitable legislative vehicle to address the cross-border dimensions of outsourcing, such as the risks of human rights violations, corruption, serious physical injury or environmental damage, and breaches of ILO conventions; proposes, to that end, a mechanism extending a principal’s joint and several liability in all economic sectors to the whole outsourcing chain, including its own subsidiaries;
Amendment 387 #
Motion for a resolution Paragraph 12 b (new) 12b. Stresses the need for proof of a significant employment relationship before posting, in order to prevent social security abuse and the undermining of a level playing field for companies,
Amendment 388 #
Motion for a resolution Paragraph 12 c (new) 12c. Stresses the need to include sector specific and company level collective agreements in Directive 96/71/EC in order to establish a level playing field for workers based on equal pay for equal work at the same workplace,
Amendment 389 #
Motion for a resolution Paragraph 13 Amendment 39 #
Motion for a resolution Recital A A. having regard to the increased trend towards undeclared work, bogus self- employment,
Amendment 390 #
Motion for a resolution Paragraph 13 Amendment 391 #
Motion for a resolution Paragraph 13 Amendment 392 #
Motion for a resolution Paragraph 13 Amendment 393 #
Motion for a resolution Paragraph 13 13.
Amendment 394 #
Motion for a resolution Paragraph 13 13.
Amendment 395 #
Motion for a resolution Paragraph 13 13.
Amendment 396 #
Motion for a resolution Paragraph 13 13.
Amendment 397 #
Motion for a resolution Paragraph 13 13.
Amendment 398 #
Motion for a resolution Paragraph 13 13.
Amendment 399 #
Motion for a resolution Paragraph 13 13.
Amendment 4 #
Motion for a resolution Citation 1 a (new) - having regard to the fundamental freedom to provide services laid down in Article 56 TFEU,
Amendment 40 #
Motion for a resolution Recital A A. whereas the increased trend towards undeclared work
Amendment 400 #
Motion for a resolution Paragraph 13 13. Wishes periods of postings to be limited in Directive 96/71/CE
Amendment 401 #
Motion for a resolution Paragraph 13 13. Wishes periods of postings to be limited in Directive 96/71/CE
Amendment 402 #
Motion for a resolution Paragraph 13 13. Wishes periods of postings to be limited in Directive 96/71/EC
Amendment 403 #
Motion for a resolution Paragraph 13 13. Wishes maximum periods of postings to be
Amendment 404 #
Motion for a resolution Paragraph 13 13 Wishes periods of postings to be limited in Directive 96/71/EC
Amendment 405 #
Motion for a resolution Paragraph 13 13. Wishes periods of postings to be
Amendment 406 #
Motion for a resolution Paragraph 13 13. Wishes periods of postings to be further limited in Directive 96/71/EC and temporary employment agencies to be excluded from the scope of the directive;
Amendment 407 #
Motion for a resolution Paragraph 13 13. Wishes periods of posting
Amendment 408 #
Motion for a resolution Paragraph 13 13
Amendment 409 #
Motion for a resolution Paragraph 13 a (new) 13a. Notes that due to differences in Member States labour laws it is difficulty to make a clear distinction between employees and self- employed workers at EU level; thus in order to combat bogus self- employment calls on the Commission to propose specific recommendations based on indicators of the existence of an employment relationship according to the ILO Convention 198 on Employment Relationship Recommendation;
Amendment 41 #
Motion for a resolution Recital A A. having regard to the increased trend towards unregulated miration from low- wage countries, undeclared work, bogus self-
Amendment 410 #
Motion for a resolution Paragraph 13 a (new) 13a. Recalls the formal prohibition contained in Article 12 of Regulation (EC) No 883/2004 on using a posted worker to carry out tasks previously performed by another posted worker;
Amendment 411 #
Motion for a resolution Paragraph 13 a (new) 13a. Calls for the setting up of a framework to prevent fundamental social rights being weakened and argues for the establishment of a social progress clause during the revision of the Posted Workers Directive;
Amendment 412 #
Motion for a resolution Paragraph 13 a (new) 13a. Calls for an ex-post evaluation on the implementation of the Directive 96/71/EC and an ex-ante evaluation on the "Labour Mobility package";
Amendment 413 #
Motion for a resolution Paragraph 13 a (new) 13a. Believes that the forthcoming Labour Mobility Package should not re-open the Posting of Workers Directive without thorough prior consultation with businesses and social partners;
Amendment 414 #
Motion for a resolution Paragraph 13 a (new) 13a. Calls on Member States to improve transnational and local cooperation between public institutions, trade unions and NGOs to address the often very complex problems of migrant worker and to take into account labour conditions as well as all other elements related to the quality of life including general health, social inclusion and accommodation;
Amendment 415 #
Motion for a resolution Paragraph 13 b (new) 13b. Calls for the improvement of reception and accommodation services offered to migrant workers by local institutions, to also protect migrant workers from the control exercised by employers within their accommodation;
Amendment 416 #
Motion for a resolution Paragraph 13 b (new) 13b. Is of the view that the principle "equal pay for equal work in the same place" is unrealistic in terms of its applicability in practice and could seriously impact labour mobility and free movement of services in the EU;
Amendment 417 #
Motion for a resolution Paragraph 13 b (new) 13b. Notes that the isolated increment of sanctions is not enough and that it's necessary to develop accompanying policies ahead.
Amendment 418 #
Motion for a resolution Paragraph 13 b (new) 13b. Recalls the spirit in which Directive 96/71/EC was drafted, namely with the aim of organising the temporary posting of workers from an enterprise with its registered office in one Member State to one of its places of business in the territory of another Member State, but also with the aim of organising the temporary posting of workers from one Member State active in a particular sector to another Member State, with a view to providing a specific service there in the same economic sector; regrets that the legislation on posting has, largely, been hijacked through the operations of employment agencies, raising serious concerns as to the social impact and market distortions associated with their activities throughout Europe; considers it necessary, therefore, to exclude temporary employment agencies from the scope of Directive 96/71/EC;
Amendment 419 #
Motion for a resolution Paragraph 13 b (new) 13b. Calls on the Commission to face new challenges with respect to social protection of workers in digital and sharing economy and to draw up proposals where necessary;
Amendment 42 #
Motion for a resolution Recital A A. having regard to the increased trend towards undeclared work, bogus self- employment, outsourcing and subcontracting, leading to an increase in precarious jobs and workers exploitation as well as deteriorating levels of worker protection and job quality in general,
Amendment 420 #
Motion for a resolution Paragraph 13 c (new) 13c. Calls on Member States to make it mandatory for employers to provide an employment contract in a language known by EU mobile citizens, in order to make the labour contract understandable for workers;
Amendment 421 #
Motion for a resolution Paragraph 13 c (new) 13c. Calls on all Member States to secure equal treatment of EU migrant workers with regards to their terms and conditions of employment in the host Member State;
Amendment 422 #
Motion for a resolution Paragraph 13 c (new) 13c. Asks the Commission to clarify the provisions so that a distinction can be drawn between employees and self- employed workers to combat ‘bogus self- employment’;
Amendment 423 #
Motion for a resolution Paragraph 13 d (new) Amendment 424 #
Motion for a resolution Paragraph 13 d (new) 13d. Calls on the Member States to review their laws to rule out the use of precarious contracts known as ‘zero-hour contracts’ or, more specifically, in the field of aviation, as ‘pay-to-fly’ contracts with respect to posting; takes the view that precarious working conditions are an additional safety risk;
Amendment 425 #
Motion for a resolution Subheading 3 Amendment 426 #
Motion for a resolution Subheading 3 Amendment 427 #
Motion for a resolution Paragraph 14 Amendment 428 #
Motion for a resolution Paragraph 14 Amendment 429 #
Motion for a resolution Paragraph 14 Amendment 43 #
Motion for a resolution Recital A A. having regard to the free movement of workers as a basic principle laid down in Article 45 of the Treaty on the Functioning of the European Union, which may not be the subject of political compromise; having regard to the increased trend towards undeclared work, bogus self-
Amendment 430 #
Motion for a resolution Paragraph 14 14. Calls for
Amendment 431 #
Motion for a resolution Paragraph 14 14. Calls for
Amendment 432 #
Motion for a resolution Paragraph 14 14. Calls for increased controls on the implementation of working time and rest times in the transport sector;
Amendment 433 #
Motion for a resolution Paragraph 14 14. Calls for increased
Amendment 434 #
Motion for a resolution Paragraph 14 14. Calls for increased controls on the implementation of working time and rest times in the transport sector; calls, following a thorough analysis of the infrastructure situation and a weighing- up of the costs and administrative burdens, for the introduction of automatic digital records and
Amendment 435 #
Motion for a resolution Paragraph 14 14. Calls for
Amendment 436 #
Motion for a resolution Paragraph 14 14. Calls for increased controls on the implementation of working time and rest times in transport, a sector which has been hit particularly hard by unfair competition; calls for the introduction of automatic digital records and the development of 'smart tachographs' for all means of transport, including inland waterway transport; recalls the desire expressed in its resolution of 3 July 2012
Amendment 437 #
Motion for a resolution Paragraph 14 14. Calls for increased controls on the implementation of working time and rest times in transport;
Amendment 438 #
Motion for a resolution Paragraph 14 14. Calls for increased controls on the implementation of working time and rest times in transport; calls for the introduction of automatic digital records and the development of 'smart tachographs' for all means of transport, including inland waterway and rail transport; recalls the desire expressed in its resolution of 3 July 2012 on road transport that 'by 2020 all vehicles which are not exempted from the application of this Regulation in accordance with paragraphs 2 and 3 (...) shall be fitted with a smart tachograph’12; recalls that Regulation (EU) No 165/2014 on tachographs in road transport does not apply to vehicles of less than 3.5 tonnes and that it is therefore possible that existing legislation is being evaded; __________________ 12
Amendment 439 #
Motion for a resolution Paragraph 14 a (new) 14a. Calls for the creation of an "electronic and integrated operator file" for all operators operating with the Community licence aiming at gathering all relevant data on carrier, vehicle and driver identified during roadside checks;
Amendment 44 #
Motion for a resolution Recital A a (new) Aa. whereas REFIT represents an important first step towards simplifying legislation and reducing administrative burdens of regulation for businesses and eliminating barriers to growth and job creation;
Amendment 440 #
Motion for a resolution Paragraph 14 a (new) 14a. Calls for the EU and the Member States to cooperate across borders in relation to enforcement information, to give monitoring authorities access to data registered in the Member States' national electronic registers and in the European Register of Road Transport Undertaking (ERRU);
Amendment 441 #
Motion for a resolution Paragraph 14 a (new) 14a. Calls on all levels of government to use every means at their disposal to fight the phenomenon of foreign temporary agencies which, exploiting Directive 96/71/EC concerning the posting of workers in the framework of the provision of services, engage in unfair competitive practices by offering local companies cheaper drivers, thus cancelling out the effects of investments in the competitiveness and economic and social growth of the haulage sector;
Amendment 442 #
Motion for a resolution Paragraph 14 a (new) 14a. Calls on the Member States to ensure the correct functioning of the internal market, a unified interpretation of existing EU law among Member States should be developed and maintained; measures for extension and coordination of road controls should be executed; and common rules and procedures for detection of infringements at EU level and common training practices for controllers should also be developed;
Amendment 443 #
Motion for a resolution Paragraph 14 a (new) 14a. Calls for reinterpretation of the definition of ‘social dumping’; recalls that, under trade policy, the definition of dumping is different for transport than for the workforce in a wider sense;
Amendment 444 #
Motion for a resolution Paragraph 14 b (new) 14a. Calls for the introduction of a guaranteed minimum wage set by Member States for all professional drivers and the elimination of different levels of taxation for both companies and employees of the sector;
Amendment 445 #
Motion for a resolution Paragraph 14 b (new) 14b. Considers that the objective differences existing between the wage levels and social security systems of the Member States should be interpreted as competitive advantage and not defined as unfair practices;
Amendment 446 #
Motion for a resolution Paragraph 15 Amendment 447 #
Motion for a resolution Paragraph 15 Amendment 448 #
Motion for a resolution Paragraph 15 Amendment 449 #
Motion for a resolution Paragraph 15 Amendment 45 #
Motion for a resolution Recital A a (new) Aa. whereas the scale of mass unemployment in Europe, the difference in wage levels between countries and the tactic of pitting workers against one another necessarily leads to lower wages for everyone and an increase in unemployment;
Amendment 450 #
Motion for a resolution Paragraph 15 Amendment 451 #
Motion for a resolution Paragraph 15 Amendment 452 #
Motion for a resolution Paragraph 15 Amendment 453 #
Motion for a resolution Paragraph 15 Amendment 454 #
Motion for a resolution Paragraph 15 15. Calls for
Amendment 455 #
Motion for a resolution Paragraph 15 15. Calls
Amendment 456 #
Motion for a resolution Paragraph 15 15.
Amendment 457 #
Motion for a resolution Paragraph 15 15. Calls for the creation of a
Amendment 458 #
Motion for a resolution Paragraph 15 15.
Amendment 459 #
Motion for a resolution Paragraph 15 15. Calls
Amendment 46 #
Motion for a resolution Recital A a (new) Aa. whereas the structural employment market reforms called for by the EU have resulted in casualisation and social security cuts in some Member States;
Amendment 460 #
Motion for a resolution Paragraph 15 15. Calls for the creation of a European transport agency bringing together existing agencies; takes the view that
Amendment 461 #
Motion for a resolution Paragraph 15 15. Calls for the creation of a European transport agency bringing together existing agencies; takes the view that at the very least a specific road transport agency is needed, particularly in relation to the approaching technological transition from today’s physical infrastructure to a smart transport network, which will take place over the coming years and decades;
Amendment 462 #
Motion for a resolution Paragraph 15 a (new) 15a. Calls on the Commission to set up a cooperation forum where prosecutors and law enforcement authorities can exchange information on best practices and cooperate more closely on improving implementation of social legislation in the field of road transport, at both national and transnational levels;
Amendment 463 #
Motion for a resolution Paragraph 15 a (new) 15a. Calls on a stronger cooperation of the national transport agencies;
Amendment 464 #
Motion for a resolution Paragraph 15 a (new) 15a. Calls on Members States and the Commission to mobilise the instruments and economic resources necessary for fighting, particularly in the shipping and air transport sectors, the phenomena of exceeding the maximum number of hours of work per day and the failure to respect the minimum number of rest hours, including weekly days of rest and public holidays; (In many Member States, staff (such as sailors and flight crews in Italy) are forced to work long hours without a break: the failure to respect working hours seriously impairs the safety of the workers and the means of transport, and - of course - constitutes a harmful form of unfair competition.)
Amendment 465 #
Motion for a resolution Paragraph 16 Amendment 466 #
Motion for a resolution Paragraph 16 Amendment 467 #
Motion for a resolution Paragraph 16 16. Asks the
Amendment 468 #
Motion for a resolution Paragraph 16 16. Asks the Commission to
Amendment 469 #
Motion for a resolution Paragraph 16 16. Asks the Commission
Amendment 47 #
Motion for a resolution Recital A a (new) Aa. Whereas as a consequence of the crisis there and the high unemployment rates in the majority of the Member States there are deepening inequalities and pressure on job-seekers to accept any job on offer;
Amendment 470 #
Motion for a resolution Paragraph 16 16. Asks the
Amendment 471 #
Motion for a resolution Paragraph 16 16.
Amendment 472 #
Motion for a resolution Paragraph 16 16. Asks the Commission to clarify the provisions so that a distinction can be drawn between employees and self- employed workers to combat 'bogus self employment'
Amendment 473 #
Motion for a resolution Paragraph 16 16. Asks the Commission to clarify the provisions so that a distinction can be drawn between employees and self- employed workers to combat 'bogus self employment';
Amendment 474 #
Motion for a resolution Paragraph 16 16. Asks the Commission to clarify the provisions so that a distinction can be drawn between employees and self- employed workers to combat 'bogus self employment'; emphasises that workers such as airline pilots and train drivers cannot be considered to be independent of the companies for which they work;
Amendment 475 #
Motion for a resolution Paragraph 16 16. Asks the Commission to clarify the provisions so that a distinction can be drawn between employees and self- employed workers to combat 'bogus self employment'; stresses, in this regard, that low-cost airlines in particular use self- employment contracts for pilots, which often provide for the employment of pilots at the end of their careers, who are often hired through temporary agencies based outside the EU; recommends to this end to establish, where this is the case, urgent regulations limiting the abuse of this practice; emphasises that airline pilots and train drivers cannot be considered to be independent of the companies for which they work;
Amendment 476 #
Motion for a resolution Paragraph 16 a (new) 16a. Calls on the Commission to introduce measures to prevent the manipulation of employment status with the aim of avoidance of employment rights and social protections;
Amendment 477 #
Motion for a resolution Paragraph 16 a (new) 16a. Asks the Commission to put forward a legislative proposal demanding that at least 75 per cent of all employees in an airline company must be directly employed by the airline company, to ensure a high level of competence, safety and a clear employer's liability.
Amendment 478 #
Motion for a resolution Paragraph 16 a (new) 16a. Calls on the Commission and the Member States to promote, among others in the relevant Directives and EASA regulations, direct employment as the standard model and to put an end to the use of atypical employment for safety professionals in transport;
Amendment 479 #
Motion for a resolution Paragraph 16 a (new) 16a. Recalls that legitimate self employment represents a growing trend across the EU and highlights the value of independent professionals and one-man SMEs in boosting innovation and economic growth;
Amendment 48 #
Motion for a resolution Recital A a (new) Aa. whereas Article 9 TFEU lays down the promotion of a high employment rate, the guarantee of adequate social protection, combating social exclusion and a high level of education, training and human health protection as fundamental principles of the Union;
Amendment 480 #
Motion for a resolution Paragraph 16 a (new) 16a. Recommends that the Commission carefully monitors acquisitions by airlines from outside the EU to provide for urgent regulations in this area to fight the largely widespread phenomenon of ‘selling off’ social safeguards in exchange for economic conditions that only appear to be more advantageous; calls on the Commission to ensure that the social safeguards provided for by the contracts of workers from the European Union are the ‘conditio sine qua non’ for these acquisitions;
Amendment 481 #
Motion for a resolution Paragraph 16 b (new) 16b. Recommends to the Commission that a national collective agreement be drawn up and applied correctly in all Member States in cooperation with the social partners, to guarantee certain rules on rest times and suitable social safeguards, above all in the event of acquisitions by airlines outside the EU;
Amendment 482 #
Motion for a resolution Paragraph 16 b (new) 16b. Asks the Commission to consider proposals to ensure that airline companies registered in EU employ EU citizens or people from third countries with work permission in EU;
Amendment 483 #
Motion for a resolution Paragraph 17 Amendment 484 #
Motion for a resolution Paragraph 17 Amendment 485 #
Motion for a resolution Paragraph 17 Amendment 486 #
Motion for a resolution Paragraph 17 Amendment 487 #
Motion for a resolution Paragraph 17 Amendment 488 #
Motion for a resolution Paragraph 17 17.
Amendment 489 #
Motion for a resolution Paragraph 17 17. Believes that the
Amendment 49 #
Motion for a resolution Recital A a (new) Aa. having regard to the multiplication of opportunities for workers exploitation, in employment relations presenting extraterritorial features, such as the transnational posting of workers, cross border transport –by road, by air and by inland and maritime waterways;
Amendment 490 #
Motion for a resolution Paragraph 17 17. Believes that the r
Amendment 491 #
Motion for a resolution Paragraph 17 17. Believes that the rules on cabotage are not sufficiently precise
Amendment 492 #
Motion for a resolution Paragraph 17 17. Believes that the rules on cabotage
Amendment 493 #
Motion for a resolution Paragraph 17 17. Believes that the rules on cabotage are not sufficiently precise
Amendment 494 #
Motion for a resolution Paragraph 17 17. Believes that the rules on cabotage a
Amendment 495 #
Motion for a resolution Paragraph 17 17.
Amendment 496 #
Motion for a resolution Paragraph 17 17. Believes that the rules on cabotage are not sufficiently precise
Amendment 497 #
Motion for a resolution Paragraph 17 17. Believes that the rules on cabotage are not sufficiently precise, which facilitates the practice of some road operators of engaging in permanent cabotage;
Amendment 498 #
Motion for a resolution Paragraph 17 17. Believes that the rules on cabotage are not sufficiently precise, which facilitates the practice of some road operators of engaging in permanent cabotage; wishes
Amendment 499 #
Motion for a resolution Paragraph 17 17. Believes that the rules on cabotage are not sufficiently precise, which facilitates the practice of some road operators of engaging in permanent cabotage; wishes cabotage operations to be subject to mandatory prior
Amendment 5 #
Motion for a resolution Citation 1 a (new) - having regard to Article 5 TEU, Article 56, 153(5) and 154 TFEU,
Amendment 50 #
Motion for a resolution Recital A a (new) Aa. having regard to the multiplication of opportunities for "social dumping", in presence of employment relations presenting extraterritorial features, such as the transnational posting of workers and cross border transport;
Amendment 500 #
Motion for a resolution Paragraph 17 17. Believes that the rules on cabotage are currently not sufficiently precise or harmonised at European level, which facilitates
Amendment 501 #
Motion for a resolution Paragraph 17 17. Believes that the rules on cabotage are not sufficiently precise, which facilitates the practice of some road operators of engaging in permanent cabotage; wishes cabotage operations to be subject to mandatory prior notification; wishes combined transport to be brought within the scope of Regulation (EC) No 1072/2009 to eliminate exceptions and establish rules on cabotage that are easier to apply; believes that the Member States should commit themselves to allocating sufficient resources to ensure that inspections are frequent and fair, and conducted at least every two years;
Amendment 502 #
Motion for a resolution Paragraph 17 a (new) 17a. Calls on the Commission together with the transport industry to consider the possibility of introducing legislative proposals establishing an obligation by employers in the transport industry to inform their employees on applicable law when they move across national borders in connection with their jobs;
Amendment 503 #
Motion for a resolution Paragraph 17 a (new) 17a. Recalls that the road transport sector is essential to the society and economy of the European Union and constitutes almost three quarters (72%) of total domestic freight transport; recalls that the sector transports more passengers than over- and underground railways and trams combined, and employs more than 2.2% of the total working population of the EU (5 million people);
Amendment 504 #
Motion for a resolution Paragraph 17 a (new) 17a. calls on the Commission to apply in a collective manner, to mobile personnel in road transport, Article 8(2) of Regulation (EC) No 593/2008 (Rome I) designed to ensure adequate protection for employees, as interpreted by the ECJ ruling on the Koelzsch case1a , as this would be the most effective way to fight social dumping in road transport; __________________ 1aC-29/10 Judgment of the Court (Grand Chamber) of 15 March 2011, Heiko Koelzsch v État du Grand Duché du Luxembourg
Amendment 505 #
Motion for a resolution Paragraph 17 a (new) 17a. Calls on the Commission to clarify the working and employment conditions applicable to haulage workers operating in the territory of another Member State, when engaging in transit or cabotage work; also encourages the Commission to reflect on a specific arrangement for highly mobile workers to defend their rights and ensure the smooth functioning of that sector;
Amendment 506 #
Motion for a resolution Paragraph 17 a (new) 17a. Calls on the Member States and the Commission to consider the rule of 3 drives within 7 days for cabotage provided for in Regulation (EC) No 1072/2009 as the right step towards a future full liberalization. Even though the market share of cabotage within transport industry is overall very marginal, the next step in any forthcoming revision should therefore be the lifting of the limit on the number of drives within the period of 7 days;
Amendment 507 #
Motion for a resolution Paragraph 17 a (new) 17a. Calls on the Commission to include a clause on unfair commercial practices within the comprehensive aviation agreements;
Amendment 508 #
Motion for a resolution Paragraph 17 b (new) 17b. Recalls that several measures have been adopted to enhance implementation of social regulations for the road transport sector, and that the Commission developed the related guidelines on this process, such as the European Register of Road Transport Undertakings (ERRU), a telematic network that enables exchanging of the information required for tachograph personal driver cards (TACHOnet), and a common training schedule for the implementing entities (TRACE project);
Amendment 509 #
Motion for a resolution Paragraph 17 c (new) 17c. Considers that, despite such measures, differences in national interpretations of these common EU rules and related enforcement practices persist, and the number of breaches of the rules on driving times, breaks and rest periods remains high, with 3.9 million offences detected in the 2011-2012 implementation period;
Amendment 51 #
Motion for a resolution Recital A a (new) Aa. having regard to the EU competitiveness on the global market and the integrity of the EU internal market,
Amendment 510 #
Motion for a resolution Paragraph 18 Amendment 511 #
Motion for a resolution Paragraph 18 Amendment 512 #
Motion for a resolution Paragraph 18 Amendment 513 #
Motion for a resolution Paragraph 18 Amendment 514 #
Motion for a resolution Paragraph 18 18. Stresses th
Amendment 515 #
Motion for a resolution Paragraph 18 18. Stresses the need
Amendment 516 #
Motion for a resolution Paragraph 18 18. Stresses the need for a new regulation on groundhandling at airports to ensure
Amendment 517 #
Motion for a resolution Paragraph 18 18. Stresses the need for a new regulation on groundhandling at airports to ensure
Amendment 518 #
Motion for a resolution Paragraph 18 18. Stresses the need for a new regulation on groundhandling at airports to
Amendment 519 #
Motion for a resolution Paragraph 18 18. Stresses the need
Amendment 52 #
Motion for a resolution Recital A b (new) A b. whereas austerity measures and attempts for deregulation on the labour market lead to deteriorating social and labour standards providing flexibility at the expense of the security of workers;
Amendment 520 #
Motion for a resolution Paragraph 18 18. Stresses the need for a new regulation on ground-handling at airports to ensure mandatory social and wage protection for workers in the event of new calls for tenders or the partial loss of work; s
Amendment 521 #
Motion for a resolution Paragraph 18 a (new) 18a. Highlights the urgent need to better enforce the home base principle and prevent the creative circumvention of EU rules by some airline companies operating in the EU; urges the Commission to analyse the consequences and consider the possibility of introducing a rule stating that if a big share of the passengers on a specific route between two Member States has the nationality of one of the Member States, the airline operating on the route must have home base in this Member State;
Amendment 522 #
Motion for a resolution Paragraph 18 a (new) 18a. Deplores the fact that Regulation (EC) No 868/2004 has never been applied, and calls for it to be revised as soon as possible to combat unfair pricing practices in Europe, and to promote fair and sustainable intra- and intermodal competition in a more effective way, so as to ensure reciprocity and prevent unfair practices;
Amendment 523 #
Motion for a resolution Paragraph 18 a (new) 18a. Highlights the results of the study 'Atypical Employment in Aviation' from the University of Ghent, which clearly illustrates that precarious working conditions for pilots and cabin crew have a negative impact on flight safety;
Amendment 524 #
Motion for a resolution Paragraph 18 a (new) 18. Calls for social rights of flight and cabin crew to be protected;
Amendment 525 #
Motion for a resolution Paragraph 18 b (new) 18b. Points out that, in accordance with the amendments made to the Rome I European rules on mobile workers in 2012, the applicable social law must be that ‘of the State from which’ the commercial operation or service takes place;
Amendment 526 #
Motion for a resolution Paragraph 18 c (new) 18c. Calls for the concept of ‘the place of establishment’ to be made specific so that an operating permit is granted by a Member State if the volume of a company’s air transport business there is significant, while ensuring full coordination of social security systems in compliance with European labour law;
Amendment 527 #
Motion for a resolution Paragraph 18 d (new) 18d. Calls for a revision of Regulation (EU) No 83/2014 to ensure compliance with labour law and rest time for airline companies’ flight crews;
Amendment 528 #
Motion for a resolution Paragraph 19 Amendment 529 #
Motion for a resolution Paragraph 19 Amendment 53 #
Motion for a resolution Recital A b (new) Ab. whereas there is a growing trend toward using vouchers instead of regular employment contracts, which is unfair and, very often, illegal and leads to increased job insecurity;
Amendment 530 #
Motion for a resolution Paragraph 19 Amendment 531 #
Motion for a resolution Paragraph 19 19.
Amendment 532 #
Motion for a resolution Paragraph 19 19. Calls on Member States to review their laws to
Amendment 533 #
Motion for a resolution Paragraph 19 19. Calls on Member States to
Amendment 534 #
Motion for a resolution Paragraph 19 19. Calls on Member States, where necessary, to review their laws so that instead of “zero-hour-contracts”, agreement can be reached on a set number of working hours which the employer can ask a worker to perform as required, provided that he meets the voluntary or mandatory deadlines for doing so; or to eliminate precarious employment relationships called
Amendment 535 #
Motion for a resolution Paragraph 19 19. Calls on Member States to review their laws to eliminate precarious contracts called
Amendment 536 #
Motion for a resolution Paragraph 19 19. Calls on Member States to review their laws to eliminate on-call work models, such as precarious contracts called 'zero hour contracts' or 'pay to fly contracts', which can dramatically reduce workers´ income and security; believes that precarious working conditions are an additional safety risk;
Amendment 537 #
Motion for a resolution Paragraph 19 19. Calls on the Commission and Member States to review rules on initial training and on licensing of aircrew through eliminating the shortcomings leading to exploitation of pilots accessing the profession; calls on Member States to review their laws to eliminate precarious contracts called 'zero hour contracts' or 'pay to fly contracts'; believes that precarious working conditions are an additional safety risk;
Amendment 538 #
Motion for a resolution Paragraph 19 19. Calls on Member States to review their laws to eliminate precarious contracts called 'zero hour contracts' or 'pay-to-fly contracts'; believes that precarious working conditions are an additional safety risk; stresses that competitiveness should not come at the price of ‘selling off’ social safeguards for workers and the quality of services;
Amendment 539 #
Motion for a resolution Paragraph 20 Amendment 54 #
Motion for a resolution Recital A b (new) Ab. whereas good working conditions, which protect physical and mental health, are a fundamental workers’ right1 a and have positive value in themselves; __________________ 1aCharter of Fundamental Rights of the European Union, Article 31(1): Every worker has the right to working conditions which respect his or her health, safety and dignity.
Amendment 540 #
Motion for a resolution Paragraph 20 Amendment 541 #
Motion for a resolution Paragraph 20 Amendment 542 #
Motion for a resolution Paragraph 20 Amendment 543 #
Motion for a resolution Paragraph 20 Amendment 544 #
Motion for a resolution Paragraph 20 Amendment 545 #
Motion for a resolution Paragraph 20 Amendment 546 #
Motion for a resolution Paragraph 20 20. Calls on the Commission to
Amendment 547 #
Motion for a resolution Paragraph 20 20. Calls on the Commission shortly to submit a proposal for a directive on requirements with regard to the crews of vessels providing regular cargo, passenger and ferry services operating between Member States
Amendment 548 #
Motion for a resolution Paragraph 20 20. Calls on the Commission shortly to submit a proposal for a directive on requirements with regard to the crews of vessels (regardless of the flag it flies) providing regular cargo, passenger and ferry services operating between Member States so that the conditions applicable on board a vessel are those of the
Amendment 549 #
Motion for a resolution Paragraph 20 20. Calls on the Commission shortly to submit a proposal for a directive on requirements with regard to the crews of vessels providing regular cargo, passenger and ferry services operating between Member States so that the conditions applicable on board a vessel are
Amendment 55 #
Motion for a resolution Recital A b (new) A b. having regard to achievements of open economies and better economic results of in the EU in terms of growth based on the fundamental freedom of movement of persons, products and services,
Amendment 550 #
Motion for a resolution Paragraph 20 20. Calls on the Commission to submit,
Amendment 551 #
Motion for a resolution Paragraph 20 20. Calls on the Commission shortly to submit a proposal for a directive on requirements with regard to the crews of vessels providing regular cargo, passenger and ferry services operating between Member States so that the conditions applicable on board a vessel are those of the State applying the most favourable standards for workers; calls on the Commission to progressively prohibit the practices of Member States that issue ‘European flags of convenience’; stresses, in order to ensure maritime safety, environmental protection and respect for social rights, that the Member States or the authorities responsible can ask for vessels carrying out commercial operations in port to be registered under the national flag of the Member State of the port concerned;
Amendment 552 #
Motion for a resolution Paragraph 21 Amendment 553 #
Motion for a resolution Paragraph 21 Amendment 554 #
Motion for a resolution Paragraph 21 Amendment 555 #
Motion for a resolution Paragraph 21 Amendment 556 #
Motion for a resolution Paragraph 21 Amendment 557 #
Motion for a resolution Paragraph 21 Amendment 558 #
Motion for a resolution Paragraph 21 Amendment 559 #
Motion for a resolution Paragraph 21 Amendment 56 #
Motion for a resolution Recital B B. whereas on 15 July 2014 Jean-Claude Juncker, President of the Commission, undertook before Parliament to
Amendment 560 #
Motion for a resolution Paragraph 21 21. Calls on the Commission
Amendment 561 #
Motion for a resolution Paragraph 21 21. Calls on the Commission, drawing on the US Jones Act, to take the necessary measures to ensure that vessels carrying goods between two European ports are built in Europe, fly a European flag
Amendment 562 #
Motion for a resolution Paragraph 21 21. Calls on the Commission, drawing on the US Jones Act, to
Amendment 563 #
Motion for a resolution Paragraph 21 21. Calls on the Commission, drawing on the US Jones Act, to take the necessary measures to ensure that vessels carrying goods between two European ports are built in Europe, fly a European flag and are owned by a European company; calls for the law that is applicable to be associated with the country in which the vessel owner is based and recommends that the main economic and tax regulations applied to vessel owners be based on transparency and the clamping down on any practices that expose these regulations to corruption;
Amendment 564 #
Motion for a resolution Subheading 3 a (new) Anticipation of challenges linked to the digitalisation of the economy
Amendment 565 #
Motion for a resolution Paragraph 22 Amendment 566 #
Motion for a resolution Paragraph 22 22. Calls on the
Amendment 567 #
Motion for a resolution Paragraph 22 22. Calls on the Commission to
Amendment 568 #
Motion for a resolution Paragraph 22 22. Calls on the Commission
Amendment 569 #
Motion for a resolution Paragraph 22 22. Calls on the Commission to
Amendment 57 #
Motion for a resolution Recital B B. whereas on 15 July 2014 Jean-Claude Juncker, President of the Commission, undertook before Parliament to
Amendment 570 #
Motion for a resolution Paragraph 22 22. Calls on the Commission rapidly to draw up proposals
Amendment 571 #
Motion for a resolution Paragraph 22 22. Calls on the Commission
Amendment 572 #
Motion for a resolution Paragraph 22 22.
Amendment 573 #
Motion for a resolution Paragraph 22 22. Calls on the Commission rapidly to draw up proposals to combat unfair competition
Amendment 574 #
Motion for a resolution Paragraph 22 22.
Amendment 575 #
Motion for a resolution Paragraph 22 22. Calls on the Commission rapidly to draw up proposals to combat unfair competition in the digital
Amendment 576 #
Motion for a resolution Paragraph 22 22. Calls on the Commission rapidly to draw up proposals to combat unfair competition in the digital and sharing economy, where more flexible working practices may result in precarious forms of employment to which current standards as regards social security, working time, working location, worker participation and employment protection no longer apply; stresses that freedom of association and the right to collective bargaining must be applicable in the context of these new forms of employment;
Amendment 577 #
Motion for a resolution Paragraph 22 22. Calls on the Commission rapidly to draw up proposals to combat unfair
Amendment 578 #
Motion for a resolution Paragraph 22 22. Calls on the Commission to draw up, rapidly, proposals to combat unfair competition in the digital and sharing economy; also recommends transparency in establishing where the persons concerned are to pay their tax contributions;
Amendment 579 #
Motion for a resolution Paragraph 22 a (new) 22a. notes that digitalization has a crucial impact on European labour markets; highlights that, on the one hand, digitalisation can generate new business models and new jobs, especially for high- skilled but also for low-skilled workers, but on the other hand, it can also lead to precarious forms of employment; regrets, however, that Commission's Digital Single Market Strategy is primarily limited to technical considerations; stresses the need for social considerations to be taken on board in the Digital Single Market Strategy in order to take full advantage of the related employment and growth potential; calls on the Commission to shape the digital single market in a socially just and sustainable way;
Amendment 58 #
Motion for a resolution Recital B B. whereas on 15 July 2014 in his 2015 State of the Union address Jean-Claude Juncker, President of the Commission,
Amendment 580 #
Motion for a resolution Paragraph 22 a (new) 22a. Takes the view that existing social protection schemes should be adapted to fit the special characteristics of the digital and sharing economy to ensure appropriate social protection for the workers concerned;
Amendment 581 #
Motion for a resolution Paragraph 22 a (new) 22a. Considers it important that the planned new provisions relating to the social and working conditions of the transport sector should not prejudice the fundamental freedoms of the EU (such as the freedom to provide services), and should not constitute artificial barriers for transport enterprises as regards competition within the internal market based on real competitive advantages;
Amendment 582 #
Motion for a resolution Paragraph 22 a (new) 22a. Believes that in sectors, such as in agriculture, social dumping is not so much connected to abusive practices in posting of workers, but rather on undeclared work, with national or transnational relevance/significance (characterized of both national and transnational dimension); therefore calls on Member States for integrated approaches both of preventive nature, meant at providing simpler administrative burdens for managing employment relations and/or favouring the recourse to electronic means of salary payment, and of repressive nature, reinforcing labour inspections;
Amendment 583 #
Motion for a resolution Paragraph 22 b (new) 22b. Considers that the issue of social harmonisation and the problem of social dumping extend far beyond the transport sector; considers that this sector already has problems with these matters in relation to economic, employment policy and social policy as regards the freedom to provide services within the internal market;
Amendment 584 #
Motion for a resolution Paragraph 22 b (new) 22b. Recalls that in some economic sectors, like agriculture, the working hours system varies according with its seasonal constrains;
Amendment 586 #
Motion for a resolution Subheading III a (new) IIIa. Combating social dumping in agriculture
Amendment 587 #
Motion for a resolution Paragraph 23 Amendment 588 #
Motion for a resolution Paragraph 23 Amendment 589 #
Motion for a resolution Paragraph 23 Amendment 59 #
Motion for a resolution Recital B B. whereas on 15 July 2014 Jean-Claude Juncker, President of the Commission, undertook before Parliament to combat 'social dumping' and reiterated this commitment in his 2015 State of the Union address9 ; however, the phrase of social dumping is not scientifically evident, proved and adopted, __________________ 9 http://europa.eu/rapid/press- release_SPEECH-15-5614_en.htm
Amendment 590 #
Motion for a resolution Paragraph 23 Amendment 591 #
Motion for a resolution Paragraph 23 23.
Amendment 592 #
Motion for a resolution Paragraph 23 23. Takes the view that
Amendment 593 #
Motion for a resolution Paragraph 23 23. Takes the view that
Amendment 594 #
Motion for a resolution Paragraph 23 23.
Amendment 595 #
Motion for a resolution Paragraph 23 23.
Amendment 596 #
Motion for a resolution Paragraph 23 23. Takes the view that
Amendment 597 #
Motion for a resolution Paragraph 23 23. Takes the view that
Amendment 598 #
Motion for a resolution Paragraph 23 23. Takes the view that
Amendment 599 #
Motion for a resolution Paragraph 23 23.
Amendment 6 #
Motion for a resolution Citation 1 a (new) - having regard to Articles 151 and 153 of TFEU as well as Article 9 TFEU guaranteeing adequate social protection,
Amendment 60 #
Motion for a resolution Recital B a (new) B a. whereas the European Commission has announced in its' Commission work programme for 2016 the presentation of a labour mobility package, including measures for better enforcement and coordination of social security as well as a targeted revision of the Posting of Workers Directive to address unfair practices leading to social dumping and brain drain by ensuring the same work in the same place is rewarded by the same pay, and whereas no proposals have been presented so far,
Amendment 600 #
Motion for a resolution Paragraph 23 23. Takes the view that
Amendment 601 #
Motion for a resolution Paragraph 23 23. Takes the view that a social protocol is necessary to ensure the primacy of fundamental rights
Amendment 602 #
Motion for a resolution Paragraph 23 23. Takes the view that a social protocol is necessary to ensure the primacy of fundamental rights over economic freedoms and that a social progress clause needs to be included in directives relating to working conditions for workers in the European Union;
Amendment 603 #
Motion for a resolution Paragraph 23 23. Takes the view that a social protocol is necessary to ensure the primacy of fundamental rights over economic freedoms; calls, in this respect, for the EU to complete the process of accession to the European Convention of Human Rights and to systematically align its legislative and policy-making proposals with the European Social Charter, while starting the process for a future accession of the EU to the European Social Charter;
Amendment 604 #
Motion for a resolution Paragraph 23 a (new) 23a. Highlights the Five Presidents' Report which recognises in the context of the convergence process that there is no "one-size-fits-all" template;
Amendment 605 #
Motion for a resolution Paragraph 23 a (new) 23a. calls for respect and promotion of cooperation among employers' and employees' representatives aimed at anticipating and reacting to the changes in the labour market and at reaching agreements on higher standards of employment;
Amendment 606 #
Motion for a resolution Paragraph 23 a (new) 23a. Calls on the Commission and the Member States to support and to enhance social dialogue, which plays a critical role in achieving decent and productive working conditions; underlines that high labour law and social standards have a crucial role to play in rebalancing economies, supporting incomes, and encouraging investment in capacities; stresses that all EU law and policy documents must respect trade union rights and freedoms, collective agreements and equal treatment of workers;
Amendment 607 #
Motion for a resolution Paragraph 23 a (new) 23a. Underlines that inequalities in Europe are deepening thus undermining the achievement of Europe 2020 targets on poverty and employment;
Amendment 608 #
Motion for a resolution Paragraph 23 a (new) 23a. Underlines the importance of establishing economic, fiscal and social mechanisms in the territory of the Union and/or the euro area, which will improve the living standards of citizens in the territory of the Union by reducing economic and social imbalances; in addition urges the Commission, in the specific recommendations it makes to the Member States in the context of the European semester, to incorporate opinions on social issues to ensure greater worker protection through convergence;
Amendment 609 #
Motion for a resolution Paragraph 23 a (new) 23a. Noting the significant fall in the employment rate caused by the economic and financial crisis and in light of the progress in robotics and artificial intelligence and, therefore, the inevitable further fall in the number of jobs, proposes to the European Commission a change in the paradigm that puts the emphasis on ‘income’ rather than ‘work’ and, as a result, pursues the objective of guaranteeing a ‘minimum citizens’ income’ throughout the European Union that guarantees a free and dignified life; (We are on the brink of a new social and economic revolution that will lead to a decrease in jobs, and not only in the manufacturing sector. Politics must guide this ‘revolution’ with a clear change in the paradigm.)
Amendment 61 #
Motion for a resolution Recital B b (new) Bb. whereas Commissioner Thyssen indicated that we cannot talk about social dumping when it comes to employees with free movement in the internal market at the debate on the European platform to enhance cooperation in the prevention and deterrence of undeclared work held in the plenary on 2/2/2016 in Strasbourg.
Amendment 610 #
Motion for a resolution Paragraph 24 Amendment 611 #
Motion for a resolution Paragraph 24 24. Recalls the
Amendment 612 #
Motion for a resolution Paragraph 24 24. Recalls the Commission's
Amendment 613 #
Motion for a resolution Paragraph 24 24.
Amendment 614 #
Motion for a resolution Paragraph 24 24.
Amendment 615 #
Motion for a resolution Paragraph 24 24. Recalls the Commission's commitment to proposing a basis of minimum social rights;
Amendment 616 #
Motion for a resolution Paragraph 24 24. Recalls the Commission's commitment to proposing a basis of minimum social rights; emphasises that the establishment of criteria for comparing the various national social systems can
Amendment 617 #
Motion for a resolution Paragraph 24 24. Recalls th
Amendment 618 #
Motion for a resolution Paragraph 24 24. Recalls the Commission
Amendment 619 #
Motion for a resolution Paragraph 24 24. Recalls the Commission
Amendment 62 #
Motion for a resolution Recital B c (new) B c. having regard to the fact that precise definition of problems is a prerequisite for any possible future action in this field,
Amendment 620 #
Motion for a resolution Paragraph 24 24. Recalls the Commission's commitment to proposing a basis of minimum social rights; emphasises that the establishment of criteria for comparing the various national social systems cannot provide such a basis, but can only serve as a preliminary analytical framework; hopes, therefore, that we can move, as quickly as possible, from words to a concrete proposal in this area;
Amendment 621 #
Motion for a resolution Paragraph 24 24. Recalls the Commission's commitment to proposing a basis of minimum social rights; emphasises that the establishment of criteria for comparing the various national social systems cannot provide such a basis, but can only serve as a preliminary analytical framework; stresses that the adoption of minimum social rights should not lead to lowering of already existing labour and social standards;
Amendment 622 #
Motion for a resolution Paragraph 24 a (new) 24a. Recalls that in some economic sectors, the working hours system varies according with its seasonal constraints;
Amendment 623 #
Motion for a resolution Paragraph 25 Amendment 624 #
Motion for a resolution Paragraph 25 Amendment 625 #
Motion for a resolution Paragraph 25 Amendment 626 #
Motion for a resolution Paragraph 25 25.
Amendment 627 #
Motion for a resolution Paragraph 25 25.
Amendment 628 #
Motion for a resolution Paragraph 25 25.
Amendment 629 #
Motion for a resolution Paragraph 25 25.
Amendment 63 #
Motion for a resolution Recital B d (new) B d. having regard to the better regulation agenda1a proclaimed by President Juncker on 19/5/15, legal acts have been introduced only recently and have been still being implemented cannot be revised without professional preparation and unbiased consultations, which means that impact assessment and competitiveness proofing test, which is part of the Commission's integrated impact assessment approach since 2012, are of utmost importance, __________________ 1a COM(2015) 215 final
Amendment 630 #
Motion for a resolution Paragraph 25 25.
Amendment 631 #
Motion for a resolution Paragraph 25 25. Desires that wage
Amendment 632 #
Motion for a resolution Paragraph 25 25. Desires that national wage floors be established, possibly in the form of a minimum wage; emphasises that this instrument should be set up on the basis of legislation or convention, in accordance with national practices
Amendment 633 #
Motion for a resolution Paragraph 25 25.
Amendment 634 #
Motion for a resolution Paragraph 25 25. Desires that wage floors be established, possibly in the form of a minimum wage; emphasises that this instrument should be set up on the basis of legislation or convention, in accordance with national practices, with due respect for the role of the social partners;
Amendment 635 #
Motion for a resolution Paragraph 25 25. Desires that wage floors be established, possibly in the form of a minimum wage; emphasises that this instrument should be set up on the basis of legislation or convention, in accordance with national practices, with due respect for the role of the social partners;
Amendment 636 #
Motion for a resolution Paragraph 25 25.
Amendment 637 #
Motion for a resolution Paragraph 25 25. Desires that wage floors be established, possibly in the form of a minimum wage; emphasises that this instrument should be set up on the basis of legislation or convention, in accordance with national practices, with due respect for the role of the social partners; believes that these wage floors should represent a
Amendment 638 #
Motion for a resolution Paragraph 25 25. Desires that wage floors be established, possibly in the form of a minimum wage with due respect for the practices of each Member State; emphasises that this instrument should be set up on the basis of legislation or convention, in accordance with national practices, with due respect for the role of the social partners;
Amendment 639 #
Motion for a resolution Paragraph 25 25. Desires that wage floors be established, possibly in the form of a minimum wage; emphasises that this instrument should be set up on the basis of legislation or convention, in accordance with national practices, with due respect for the role of the social partners;
Amendment 64 #
Motion for a resolution Recital B e (new) B e. whereas all proposals related to legislation the European Commission intends to examine and revise must be evidence-based, proportional, and under no circumstance must not go beyond of what is laid down in current Treaties,
Amendment 640 #
Motion for a resolution Paragraph 25 25. Wishes that wage floors be established, possibly in the form of a minimum wage;
Amendment 641 #
Motion for a resolution Paragraph 25 25. Desires that wage floors be established, possibly in the form of a minimum wage; emphasises that this instrument should be set up on the basis of legislation or convention, in accordance with national practices, with due respect for the role of the social partners; believes that these wage floors should represent at least 60% of the average national wage;
Amendment 642 #
Motion for a resolution Paragraph 25 25. Desires that wage floors be established, possibly in the form of a minimum wage; emphasises that this instrument should be set up on the basis of legislation or convention, in accordance with national practices, with due respect for the role of the social partners; believes that these wage floors should represent at least
Amendment 643 #
Motion for a resolution Paragraph 25 25. Desires that wage floors be established, possibly in the form of a minimum wage per each Member State; emphasises that this instrument should be set up on the basis of legislation or convention, in accordance with national practices, with due respect for the role of the social partners; believes that these wage floors should represent at least 60% of the average national wage; calls on the Commission to consult the social partners with a view to introducing, where appropriate, a minimum wage in some border areas associated with highly mobile
Amendment 644 #
Motion for a resolution Paragraph 25 25. Desires that wage floors be established, possibly in the form of a minimum wage; emphasises that this instrument should be set up on the basis of legislation or convention, in accordance with national practices, with due respect for the role of the social partners; believes that these wage floors should represent at least 60% of the average national wage; calls on the Commission to consult the social partners with a view to introducing, where appropriate, a minimum wage in some border areas associated with highly mobile workers, a compulsory and automatic inclusion of posted workers in the relevant collective agreements at their place of work; where no local collective agreement exist, posted workers shall covered by the relevant sectorial collective agreement or law of the country they work in;
Amendment 645 #
Motion for a resolution Paragraph 25 a (new) 25a. calls on the Commission to consult the social partners with a view to introducing, where appropriate, a minimum wage in some border areas associated with highly mobile workers;
Amendment 646 #
Motion for a resolution Paragraph 25 a (new) 25a. Calls on the Commission to recommend that Member States reduce or eliminate differences in taxation and social security contributions between self- employed persons and employees;
Amendment 647 #
Motion for a resolution Paragraph 25 b (new) 25b. Stresses the recognised expertise of employees' representatives with regard to a business's strategic choices and decision-making to prevent unfair competition practises;
Amendment 648 #
Motion for a resolution Paragraph 26 Amendment 649 #
Motion for a resolution Paragraph 26 Amendment 65 #
Motion for a resolution Recital C Amendment 650 #
Motion for a resolution Paragraph 26 Amendment 651 #
Motion for a resolution Paragraph 26 26.
Amendment 652 #
Motion for a resolution Paragraph 26 26. Supports the further development of
Amendment 653 #
Motion for a resolution Paragraph 26 26. Supports the development of
Amendment 654 #
Motion for a resolution Paragraph 26 26. Supports the development
Amendment 655 #
Motion for a resolution Paragraph 26 26.
Amendment 656 #
Motion for a resolution Paragraph 26 26.
Amendment 657 #
Motion for a resolution Paragraph 26 26. Supports the
Amendment 658 #
Motion for a resolution Paragraph 26 26. Supports the
Amendment 659 #
Motion for a resolution Paragraph 26 26.
Amendment 66 #
Motion for a resolution Recital C C. whereas the Court of Justice of the European Union in its judgment in case C-
Amendment 660 #
Motion for a resolution Paragraph 26 26. Supports the development of effective and efficient national unemployment benefit arrangements as a mechanism for absorbing asymmetric social shocks
Amendment 661 #
Motion for a resolution Paragraph 26 26. Supports the development of
Amendment 662 #
Motion for a resolution Paragraph 26 26. Supports the development of unemployment benefit arrangements as a mechanism for absorbing asymmetric social shocks within the euro area, whilst taking into consideration standards for upcoming Member States legally binded to join the euro area;
Amendment 663 #
Motion for a resolution Paragraph 26 26. Supports the development of European unemployment benefit arrangements as a mechanism for absorbing asymmetric social shocks within the euro area;
Amendment 664 #
Motion for a resolution Paragraph 26 26. Supports the development of unemployment benefit arrangements as a mechanism for absorbing asymmetric social shocks within the euro area; stresses the need to accompany social stabilisers with effective employment policies that have the main aim of creating quality jobs;
Amendment 665 #
Motion for a resolution Paragraph 26 a (new) 26a.Sees no need to develop an EU-wide unemployment benefit system; fears that this would represent the first step towards the establishment of a transfer union;
Amendment 666 #
Motion for a resolution Paragraph 27 Amendment 667 #
Motion for a resolution Paragraph 27 Amendment 668 #
Motion for a resolution Paragraph 27 Amendment 669 #
Motion for a resolution Paragraph 27 Amendment 67 #
Motion for a resolution Recital C C. whereas the Court of Justice of the European Union in its judgment in case C- 34/05 Laval of 18 December 2007
Amendment 670 #
Motion for a resolution Paragraph 27 Amendment 671 #
Motion for a resolution Paragraph 27 27. Calls on the
Amendment 672 #
Motion for a resolution Paragraph 27 27.
Amendment 673 #
Motion for a resolution Paragraph 27 27. Calls on the Commission to propose a legal instrument to address the cross-border dimensions of outsourcing,
Amendment 674 #
Motion for a resolution Paragraph 27 27. Calls on the Commission to
Amendment 675 #
Motion for a resolution Paragraph 27 a (new) 27a. Calls on the Commission to increase economic resources and the number of instruments aimed at fighting speculation through the abuse of subcontracting agreements and, therefore, the subsequent suppression of the rights and safety of workers; (in certain cases, subcontracting, like the failure to respect working hours, constitutes a reprehensible speculative instrument.)
Amendment 676 #
Motion for a resolution Paragraph 27 a (new) 27a. Recognizes the risks related to long chains of subcontracting; calls on the Commission to carefully monitor the application of the obligation put on Member States in the Enforcement Directive to provide for measures ensuring that in the construction sector in subcontracting chains posted workers can hold the contractor of which the employer is a direct subcontractor liable for the respect of their workers' rights;
Amendment 677 #
Motion for a resolution Paragraph 28 28.
Amendment 678 #
Motion for a resolution Paragraph 28 28. Calls on the
Amendment 679 #
Motion for a resolution Paragraph 28 28. Calls on
Amendment 68 #
Motion for a resolution Recital C C. whereas the Court of Justice of the European Union in its judgment in case C- 341/05 Laval of 18 December 200710 highlighted the
Amendment 680 #
Motion for a resolution Paragraph 28 28. Calls on the Commission to propose an appropriate legislative vehicle providing that companies have a duty of care for which they may be held liable, in respect of
Amendment 681 #
Motion for a resolution Paragraph 28 28. Calls on the Commission to
Amendment 682 #
Motion for a resolution Paragraph 28 28. Calls on
Amendment 683 #
Motion for a resolution Paragraph 28 28. Calls on
Amendment 684 #
Motion for a resolution Paragraph 28 28.
Amendment 685 #
Motion for a resolution Paragraph 28 28. Calls on the Commission to propose an appropriate legislative vehicle providing that companies have a duty of care for which they may be held liable, in respect of both their subsidiaries and their subcontractors operating in third countries, in order to prevent the risk of violations of human rights, corruption, severe physical injury or environmental damage and the violation of ILO Conventions; proposes, for this purpose, the inclusion in outsourcing contracts of a clause guaranteeing advance declaration and direct payment of sub-contractors by the principal, in order to ensure joint and several liability in the outsourcing chain;
Amendment 686 #
Motion for a resolution Paragraph 28 a (new) 28a. Demands a thorough revision of the Posted Workers Directive, and calls for the principle of ‘equal pay for equal work’ to be laid down in black and white and for the host country to be entitled to apply to foreign workers its own legislation on working conditions and collective labour agreements;
Amendment 687 #
Motion for a resolution Paragraph 28 a (new) 28a. Emphasises that in its resolution of 6 February 2013 on Corporate Social Responsibility, CSR, (2012/2097 (INI)), the European Parliament made it absolutely clear that charitable activities shall never be an obligation in a free society within the framework of CSR; firmly believes that a commitment to CSR would lead people to be less receptive to charity;
Amendment 688 #
Motion for a resolution Paragraph 28 a (new) 28a. Considers it essential, in strict compliance with Article 9 TFEU, to include in any European Union trade agreements social and environmental standards for the parties to combat unfair competition and defend the European social model;
Amendment 689 #
Motion for a resolution Paragraph 28 b (new) 28 b. requests that enterprises, particularly SMEs, must not in any way be required to disclose non-financial information about their voluntary social engagement; emphasises that this leads to unreasonably high bureaucratic costs and would jeopardise social commitment instead of promoting it;
Amendment 69 #
Motion for a resolution Recital C C. whereas the Court of Justice of the European Union in its judgment in case C- 341/05 Laval of 18 December 200710 highlighted on one hand the legitimacy of the struggle against social dumping
Amendment 690 #
Motion for a resolution Paragraph 29 Amendment 691 #
Motion for a resolution Paragraph 29 Amendment 692 #
Motion for a resolution Paragraph 29 Amendment 693 #
Motion for a resolution Paragraph 29 Amendment 694 #
Motion for a resolution Paragraph 29 Amendment 695 #
Motion for a resolution Paragraph 29 Amendment 696 #
Motion for a resolution Paragraph 29 Amendment 697 #
Motion for a resolution Paragraph 29 29. Considers that
Amendment 698 #
Motion for a resolution Paragraph 29 29. Considers that
Amendment 699 #
Motion for a resolution Paragraph 29 29. Considers that Directive 96/71/EC and the rules coordinating social security systems must be
Amendment 7 #
Motion for a resolution Citation 1 b (new) - having regard to the fundamental freedom of movement of workers laid down in Article 45 TFEU,
Amendment 70 #
Motion for a resolution Recital C C. whereas the Court of Justice of the European Union in its judgment in case C- 341/05, Laval, of 18 December 20073 highlighted the legitimacy of the struggle against social dumping and that it must be viewed together with the fundamental freedoms; __________________ 3
Amendment 700 #
Motion for a resolution Paragraph 29 29. Considers that Directive 96/71/EC and the rules coordinating social security systems must be
Amendment 701 #
Motion for a resolution Paragraph 29 a (new) 29a. Calls on the Commission and Member States to carefully consider the proposal to grant market economy status (MES) to China, and then act accordingly; believes that making this decision without involving the European Parliament, the only body that is democratically elected by European citizens, would put the economy, productivity and employment throughout the European Union at serious risk; therefore recommends considering this prospect as opening us up to the serious risk of unfair competition, the dumbing down of social guarantees and a huge loss of jobs, making the paradigm of social dumping more than just symbolic;
Amendment 702 #
Motion for a resolution Paragraph 29 a (new) 29 a. Asks the Commission to take the recommendations in this resolution into account as far as possible in the ‘worker mobility package’;
Amendment 703 #
Motion for a resolution Paragraph 29 a (new) 29a. Stresses the need for a better coordination of the different European policies;
Amendment 704 #
Motion for a resolution Paragraph 29 b (new) 29b. Calls for a strengthened European coordination to move towards a social convergence, for the creation of a renewed European social model.
Amendment 71 #
Motion for a resolution Recital C C. whereas the Court of Justice of the European Union in its judgment in case C- 34/05 Laval of 18 December 200710 highlighted th
Amendment 72 #
Motion for a resolution Recital C C. whereas the Court of Justice of the European Union in its judgment in case C- 34/05 Laval of 18 December 20073
Amendment 73 #
Motion for a resolution Recital C C. whereas the Court of Justice of the European Union, in its judgment in the C- 341/05 Laval case of 18 December 20073, highlighted the legitimacy of the struggle against social dumping, but whereas the first strikes and protest actions held to denounce this type of practice were sharply criticised by the Court of Justice of the European Union, which found that they ‘hampered the free movement of persons’; whereas the Laval judgment found against the Swedish trade unions that had paralysed the workshop of a Latvian construction company, which was building a school in Sweden and paying Latvian wages; __________________ 3
Amendment 74 #
Motion for a resolution Recital C a (new) C a. whereas the European Social Charter should be acknowledged as the most mature and most detailed expression of the consensus of the Member States in the area of fundamental social rights and hence needs to be put on equal footing with the freedom of movement in order to provide a tangible added value for all European citizens,
Amendment 75 #
Motion for a resolution Recital C a (new) C a. having regard to the interpretation of social rules in transport and the Commission guidelines allow for sufficient flexibility for businesses to operate, if any ambiguities occur as regard the interpretation of the current legal provisions, there are a lot of fora to clarify them, such as an international organisation Euro Contrôle Route (ECR),
Amendment 76 #
Motion for a resolution Recital C a (new) C a. whereas the concept of social dumping, without benefiting from a legally recognised and shared definition, covers a wide scope of abusive practices and situations enabling the development of unfair competition through tree main dimensions: - the economic aspect: the use by certain economic actors of illegal practices such as undeclared work or abusive practices such as bogus self employment can lead to major market distortions which are detrimental to bona fide companies, notably SMEs; agriculture, building, construction and food sectors, transport, care and domestic services are the main sectors concerned; - the social aspect: unfair competition can lead to a situation of inequality of treatment between European workers and deprive them from the effective exercise of their social and labour rights; - the financial aspect : the reduction of social contributions and taxes represent a threat for the financial sustainability of social security systems of Member States;
Amendment 77 #
Motion for a resolution Recital C a (new) C a. having regard to the fact that there is no legal definition of social dumping which may create confusion with respect to respective recommendations and their application;
Amendment 78 #
Motion for a resolution Recital C a (new) C a. having regard to the fact that there is no legal definition of social dumping which may create confusion and stigmatise cases of legal competitiveness based on lower labour costs;
Amendment 79 #
Motion for a resolution Recital C a (new) C a. having regard to the fact that there is no legal definition of social dumping which may create confusion and stigmatise cases of legal competitiveness based on lower labour costs;
Amendment 8 #
Motion for a resolution Citation 3 a (new) - having regard to the on-going implementation of Directive 2014/67/EU,
Amendment 80 #
Motion for a resolution Recital C a (new) C a. whereas there is no clear, universally accepted definition of social dumping, whereas as a rule, the activities relating to social dumping are considered not to be in compliance with the minimum requirements of labour standards;
Amendment 81 #
Motion for a resolution Recital C a (new) C a. whereas there is no clear, universally accepted definition of social dumping;
Amendment 82 #
Motion for a resolution Recital C a (new) C a. having regard that there is a lack of legal clarity of the concept of social dumping and that activities associated with the term "social dumping" are illegal under all circumstances, such as undeclared work and bogus self- employment,
Amendment 83 #
Motion for a resolution Recital C a (new) C a. whereas "social dumping" constitutes illegal behaviour on behalf of an employer that disrupts the normal functioning of the market namely by failing to comply with the applicable labour and social protection legislation;
Amendment 84 #
Motion for a resolution Recital C b (new) C b. having regard that to the fact that there are different ways on how "social dumping" is being interpreted and that for the purpose for this report social dumping should be considered as "the intended abuse or circumvention of existing European and national laws in order to gain competitive advantage while unlawfully minimising labour and operational costs and not respecting workers' rights;
Amendment 85 #
Motion for a resolution Recital C b (new) C b. whereas undefined terms in the EU acts favour arbitrary interpretation which may lead to different national solutions, aimed at fighting the abuses but contrary to fundamental freedoms of the single market;
Amendment 86 #
Motion for a resolution Recital C b (new) C b. whereas undefined terms in the EU acts favour arbitrary interpretation which may lead to different national solutions, aimed at fighting the abuses but contrary to fundamental freedoms of the single market.
Amendment 87 #
Motion for a resolution Recital C b (new) C b. whereas the multiplication of abusive practices and exercise of unfair competition weakens support to the principle of the internal market and undermines confidence in European integration;
Amendment 88 #
Motion for a resolution Recital C b (new) C b. having regard to the distinction in the EU law of rules governing the free movement of workers, the right of establishment and the freedom to provide services;
Amendment 89 #
Motion for a resolution Recital C c (new) Cc. having regard to the balance between social and economic rights stipulated in the Treaty and confirmed by the European Court of Justice in its several judgements (Laval und Partneri (C- 341/05), Rüffert (C-346/06), Luxembourg (C-319/06), proving that the exercise of certain rights constituting a restriction to the basic freedoms of movement cannot always be justified with regard to the objective of protecting workers;
Amendment 9 #
Motion for a resolution Citation 7 — having regard to Regulation (EC) No 1071/2009 of the European Parliament and of the Council on establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on
Amendment 90 #
Motion for a resolution Recital C c (new) Cc. having regard to the balance between social and economic rights stipulated in the Treaty and confirmed by the European Court of Justice in its several judgements (Laval und Partneri (C- 341/05), Rüffert (C-346/06), Luxembourg (C-319/06), proving that the exercise of certain rights constituting a restriction to the basic freedoms of movement cannot always be justified with regard to the objective of protecting workers.
Amendment 91 #
Motion for a resolution Recital D D. whereas the
Amendment 92 #
Motion for a resolution Recital D D. having regard to
Amendment 93 #
Motion for a resolution Recital D D.
Amendment 94 #
Motion for a resolution Recital D D.
Amendment 95 #
Motion for a resolution Recital D D. having regard to the
Amendment 96 #
Motion for a resolution Recital D D.
Amendment 97 #
Motion for a resolution Recital D D.
Amendment 98 #
Motion for a resolution Recital D D. having regard to the importance of the principle of
Amendment 99 #
Motion for a resolution Recital D D. having regard to the importance of
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