2019/2186(INI) Fair working conditions, rights and social protection for platform workers - New forms of employment linked to digital development
Lead committee dossier:
Progress: Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | EMPL |
BRUNET Sylvie ( Renew)
|
RADTKE Dennis ( EPP),
GUALMINI Elisabetta ( S&D),
VAN SPARRENTAK Kim ( Verts/ALE),
BILDE Dominique ( ID),
ZALEWSKA Anna ( ECR),
CHAIBI Leila ( GUE/NGL)
|
| Committee Opinion | TRAN |
VIND Marianne ( S&D)
|
José Ramón BAUZÁ DÍAZ ( RE)
|
Lead committee dossier:
Legal Basis:
RoP 54
Legal Basis:
RoP 54Subjects
Events
2022/02/10
EC - Commission response to text adopted in plenary
Documents
2021/09/16
EP - Decision by Parliament
Details
The European Parliament has adopted by 524 votes to 39, with 124 abstentions, a resolution on fair working conditions, rights and social protection for platform workers – new forms of employment linked to digital development.
Platform workers are usually officially classified as self-employed, although they do not have the level of professional independence of self-employed workers. As a result of this erroneous classification, many platform workers do not enjoy social protection, employment rights or health and safety provisions equivalent to those provided by an employment contract or employment relationship in their Member State.
European legal framework
Deploring the fact that EU legal instruments are often not applied to many platform workers, Parliament insisted on the need to improve the working conditions of all platform workers who work through digital labour platforms, including those who are genuinely self-employed.
Members believe that workers on digital labour platforms should have the same rights and access to social protection as workers in the same category who do not work via a platform, while respecting the diversity of national labour market models, the autonomy of social partners and national competences.
Parliament proposes to create a European framework that safeguards platform work with decent working conditions, while tackling precarious forms of platform work. This framework could be complemented by national legislation or collective bargaining agreements.
Reversal of the burden of proof
To facilitate the correct classification of platform workers, Members called on the Commission to introduce in its future proposal a ‘rebuttable presumption’ of an employment relationship in the case of platform workers, combined with a reversal of the burden of proof. Thus, in the event of legal proceedings, it would be up to the employers to prove the absence of an employment relationship.
This presumption of an employment relationship should not lead to all platform workers being automatically considered as employees but should ensure that workers who are genuinely self-employed can remain so and continue to find work on platforms.
The Commission is invited to recognise the status of digital labour platforms either as employer, (temporary) employment agency or intermediary, linked to their sector of activity, in order to ensure all obligations a particular status entails.
Fair and transparent working conditions
When exploring ways to improve working conditions, the Commission should, inter alia, ensure that collective bargaining frameworks function properly, better enforce the prohibition of exclusivity clauses and ensure that all platform workers are allowed to work on different platforms, ensure the portability of skills certifications and improve rights in case of restriction, suspension or termination by the platform by ensuring that all platform workers have the right to a prior reasoned statement.
The Commission should examine the extent to which existing EU law is applicable to the digital labour platform market and ensure its adequate implementation and enforcement.
A healthy and safe working environment
The resolution highlighted that platform workers may be exposed to increased health and safety risks, both for platform work carried out on site (road accidents, physical injuries caused by machinery or chemicals) and for platform work carried out online (ergonomics of computer workstations).
The Commission's proposal should therefore address the issue of occupational health and safety of platform workers and ensure that these workers can exercise their rights, including the right to disconnect, without suffering negative consequences. On-site platform workers should be provided with adequate personal protective equipment and transport and delivery workers should be guaranteed accident insurance.
Members believe that the coverage, adequacy and transparency of social protection systems should apply to all workers, including the self-employed. In addition, freedom of association and the right to collective bargaining should be guaranteed for all workers. The resolution also stressed the need for training to be provided to workers by the digital labour platform on the use of its website or application, the tasks to be performed and health and safety at work.
Algorithms and data management
Members stressed that the use of algorithms in the workplace must be transparent, non-discriminatory, trustworthy and ethical for workers. In particular, task assignment, ratings, deactivation procedures and pricing, as well as any changes to them, should be explained in an understandable way and communicated in a clear and up-to-date manner and be part of social dialogue.
Any algorithmic decisions should be ethical, accountable, contestable and, where appropriate, reversible. They should comply with the right not to be subject to a decision based solely on automated processing, which means that there must be human oversight . The Commission and the Member States are invited to ensure appropriate protection of platform workers’ rights and well-being, such as non-discrimination, privacy, autonomy and human dignity in the use of AI and algorithmic management.
Documents
2021/09/15
EP - Results of vote in Parliament
Documents
2021/09/13
EP - Debate in Parliament
Documents
2021/07/27
EP - Committee report tabled for plenary, single reading
Documents
2021/07/27
EP - Committee report tabled for plenary
Documents
2021/07/14
EP - Vote in committee
2021/04/20
EP - Committee opinion
Documents
2021/03/25
EP - Amendments tabled in committee
Documents
2021/02/09
EP - Committee draft report
Documents
2020/02/20
EP - BRUNET Sylvie (Renew) appointed as rapporteur in EMPL
2020/01/09
EP - VIND Marianne (S&D) appointed as rapporteur in TRAN
2019/12/19
EP - Committee referral announced in Parliament
Documents
- Commission response to text adopted in plenary: SP(2021)787
- Decision by Parliament: T9-0385/2021
- Results of vote in Parliament: Results of vote in Parliament
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, single reading: A9-0257/2021
- Committee report tabled for plenary: A9-0257/2021
- Committee opinion: PE663.114
- Amendments tabled in committee: PE689.807
- Committee draft report: PE657.498
- Committee draft report: PE657.498
- Amendments tabled in committee: PE689.807
- Committee opinion: PE663.114
- Committee report tabled for plenary, single reading: A9-0257/2021
- Commission response to text adopted in plenary: SP(2021)787
Activities
- Dominique BILDE
- Agnes JONGERIUS
- Othmar KARAS
- Ádám KÓSA
- Antonius MANDERS
- Anne SANDER
- Sandra PEREIRA
- José GUSMÃO
- Stelios KYMPOUROPOULOS
- Dragoş PÎSLARU
- Eugenia RODRÍGUEZ PALOP
- Nikolaj VILLUMSEN
- Sylvie BRUNET
- Guido REIL
- Manuel PIZARRO
- Daniela RONDINELLI
- Atidzhe ALIEVA-VELI
- Beata MAZUREK
- Elżbieta RAFALSKA
- Stefania ZAMBELLI
- Milan BRGLEZ
- Véronique TRILLET-LENOIR
- Estrella DURÁ FERRANDIS
- Elena LIZZI
Votes
Des conditions de travail, des droits et une protection sociale justes pour les travailleurs de plateformes - nouvelles formes d'emploi liées au développement numérique - Fair working conditions, rights and social protection for platform workers - New forms of employment linked to digital development - Gerechte Arbeitsbedingungen, Rechte und soziale Sicherung für auf Online-Plattformen beschäftigte Arbeitnehmer – Neue Beschäftigungsformen im Zusammenhang mit der digitalen Entwicklung - A9-0257/2021 - Sylvie Brunet - Considérant J - Am/1 #
2021/09/15 Outcome: +: 259, -: 225, 0: 209
The Left
PPE
NIA9-0257/2021 - Sylvie Brunet - Considérant J/2 #
2021/09/15 Outcome: +: 371, -: 270, 0: 52
Des conditions de travail, des droits et une protection sociale justes pour les travailleurs de plateformes - nouvelles formes d'emploi liées au développement numérique - Fair working conditions, rights and social protection for platform workers - New forms of employment linked to digital development - Gerechte Arbeitsbedingungen, Rechte und soziale Sicherung für auf Online-Plattformen beschäftigte Arbeitnehmer – Neue Beschäftigungsformen im Zusammenhang mit der digitalen Entwicklung - A9-0257/2021 - Sylvie Brunet - Proposition de résolution (ensemble du texte) #
2021/09/15 Outcome: +: 524, 0: 124, -: 39
| Amendments | Dossier |
| 484 |
2019/2186(INI)
2021/02/15
TRAN
141 amendments...
Amendment 1 #
Draft opinion Recital -A (new) -A. Recalls the International Labour Organisation’s call for the establishment of an international governance system requiring platform holders to respect certain minimum rights and protections and regulating the use of data and algorithmic accountability in the world of work; stresses the fundamental right for workers of all categories enshrined in the EU Charter of Fundament Rights to take collective action to defend the interests.
Amendment 10 #
Draft opinion Recital A a (new) Aa. whereas the emergence of digital platforms in the transport and tourism sectors has given rise to new jobs, removed obstacles in the labour market and boosted flexibility for workers, businesses and consumers;
Amendment 100 #
Draft opinion Paragraph 4 4. Calls on the Commission to support Member States in finding policy solutions to determine the status of work for platform workers;
Amendment 101 #
Draft opinion Paragraph 4 a (new) 4 a. At the same time invites the Commission and Member States to consider innovative, effective and socially beneficial cross-border solutions, for example creation of some sort of cross- border digital system, that would collect contributions from platform workers professional activities and transfer these contributions to respective national social security system professional is attached to, thus ensuring necessary country-specific social coverage and protection.
Amendment 102 #
Draft opinion Paragraph 4 a (new) 4 a. Urges the Commission to develop common standards and norms in order to have a single rulebook for the Single Market, decreasing entry administrative barriers; stresses that these standards should help at enhancing the modernisation and renovation of economies, offering re-skilling programs to workers who may beleft behind and empowering citizens;
Amendment 103 #
Draft opinion Paragraph 4 a (new) 4 a. draws attention to the Californian Assembly Bill 5 as a strong example of how to define self-employed workers in the Transportation industry using a rebuttable legal assumption
Amendment 104 #
Draft opinion Paragraph 4 b (new) 4 b. Urges the Member States and the Commission to promote interoperability between devices, applications, data repositories, services and networks, necessary to fully benefit from the deployment of information and communication technologies (ICTs);
Amendment 105 #
Draft opinion Paragraph 5 5. Emphasises the need for transparency and non-discrimination in transport and tourism platforms, specifically regarding algorithms that affect service, allocation of tasks, pricing,
Amendment 106 #
Draft opinion Paragraph 5 5. Emphasises the need for transparency and non-discrimination in
Amendment 107 #
Draft opinion Paragraph 5 5. Emphasises the need for transparency and non-discrimination in transport and tourism platforms, specifically regarding algorithms that affect service, allocation of tasks, pricing, ranking and advertising; calls for the identity of customers using digital platforms to be verified to ensure the safety at work of drivers and delivery workers;
Amendment 108 #
Draft opinion Paragraph 5 5. Emphasises the need for transparency and non-discrimination in
Amendment 109 #
Draft opinion Paragraph 5 5. Emphasises the need for transparency and non-discrimination in transport and tourism platforms, specifically regarding algorithms that affect service, allocation of tasks, pricing, a
Amendment 11 #
Draft opinion Recital A a (new) A a. Whereas there is a big need for integrated transport solutions based on a wide range of services, emphasising the system rather than its components;
Amendment 110 #
Draft opinion Paragraph 5 5. Emphasises the need for maximum transparency and non-discrimination
Amendment 111 #
Draft opinion Paragraph 5 5. Emphasises the need for transparency and non-discrimination in transport and tourism platforms, specifically regarding algorithms that affect service, allocation of tasks, pricing, ranking, and advertising;
Amendment 112 #
Draft opinion Paragraph 5 a (new) 5 a. Calls on the Commission and Member States to ensure appropriate protection of workers’ rights and well- being, such as non-discrimination, privacy, human dignity and protection against exploitation by platforms using AI in the workplace; stresses that algorithmic management and performance monitoring of work activities can put excessive pressure on workers with implications for both their own health and safety and the safety of those in contact with them - i.a. in road traffic;
Amendment 113 #
Draft opinion Paragraph 5 a (new) 5 a. Calls on the Commission to investigate the potential of audit requirements on the underlying algorithms of platforms that facilitate employment to ensure non-discrimination and regulatory compliance
Amendment 114 #
Draft opinion Paragraph 5 b (new) 5 b. reminds that workers need to know how pay is determined and tasks are allocated and be given notice in case of change;
Amendment 115 #
Draft opinion Paragraph 6 6. Emphasises the importance to workers of portability of data between platforms
Amendment 116 #
Draft opinion Paragraph 6 6. Emphasises the importance to workers of portability and interoperability of data between platforms; calls on Transport and Tourism platforms to ensure that workers have proper access to bringing personal rankings and reviews with them from one platform to another
Amendment 117 #
Draft opinion Paragraph 6 6. Emphasises the importance to workers of the right to portability of data between platforms, including their consumer-sourced ratings;
Amendment 118 #
Draft opinion Paragraph 6 6. Emphasises the importance to workers of portability of data and, where applicable, of acquired social rights between platforms;
Amendment 119 #
Draft opinion Paragraph 6 6. Emphasises the importance
Amendment 12 #
Draft opinion Recital A b (new) Ab. whereas the platform economy has enabled more people to take on part-time jobs on their own terms, to an extent that suits them as individuals, and whereas this gives people more freedom to choose how they participate in working life and generate extra income; whereas this has also made the economic system more efficient overall, because unused resources such as private vehicles can be used more expediently and can help, in a cost-effective manner, to strike a balance between supply and demand;
Amendment 120 #
Draft opinion Paragraph 6 a (new) Amendment 121 #
Draft opinion Paragraph 7 7. Welcomes the Commission’s intention to modify EU competition rules to ensure that platform workers and the
Amendment 122 #
Draft opinion Paragraph 7 7.
Amendment 123 #
Draft opinion Paragraph 7 7. Welcomes the Commission’s intention to modify EU competition rules to ensure that
Amendment 124 #
Draft opinion Paragraph 7 7.
Amendment 125 #
Draft opinion Paragraph 7 a (new) 7 a. Urges the Commission to cooperate with Member States in developing national projects intended to collect, store and analyse unbiased data sets related to employment practices in the various segments of the Transport and Tourism platform economies, allowing for a holistic assessment of the respect of workers' rights in different fields, with the objective of identifying and tackling existing problems both at national and EU level.
Amendment 126 #
Draft opinion Paragraph 7 a (new) 7 a. Emphasises the need for member states to ratify the ILO conventions and strengthen the rights for platform workers to organise in trade unions, to bargain collectively and to co-determine at the company.
Amendment 127 #
Draft opinion Paragraph 7 b (new) 7 b. Highlights that guaranteeing the respect of workers’ rights is an essential component of sustainable tourism policy; underlines the increasingly important role of digital platforms and data collection in tourism activities; stresses therefore the fundamental role data collection on platform workers will have in achieving true sustainable tourism projects that ensure tourism investments and jobs benefit local communities and workers, while facilitating the fair distribution of profits.
Amendment 128 #
Draft opinion Paragraph 7 b (new) 7 b. Reminds the Commission to take a holistic approach to solving issues such as bogus self-employment, zero hour contracts and barriers to organising as they are not unique to the platform economy but also affect large numbers of workers in the standard labour market
Amendment 129 #
Draft opinion Paragraph 7 c (new) 7 c. Reminds that women make up only 22% of workers in the transportation industry and also represent a minority of platform workers in the Transport and Tourism industries with anecdotal evidence hinting to female platform workers in the transport industry being affected by worse employment and working conditions than their male counterparts
Amendment 13 #
Draft opinion Recital A b (new) Ab. whereas the range of platforms in the transport sector is very diverse, encompassing multinational firms, SMEs and start-ups; whereas any action by the EU intended to govern the situation of platform workers, and in particular their status, has to take this diversity into account;
Amendment 130 #
Draft opinion Paragraph 8 8. Encourages platform companies to develop training pathways in order to broaden their workers
Amendment 131 #
Draft opinion Paragraph 8 8. Encourages platform companies to develop training pathways in order to broaden their workers’ professional options
Amendment 132 #
Draft opinion Paragraph 8 8. Encourages Member States to speed up training for young entrepreneurs in the skills required by the new business models used by platforms so as to help them generate added value from the digital sphere; encourages platform companies also to develop training pathways in order to broaden their workers’ professional options.
Amendment 133 #
Draft opinion Paragraph 8 8.
Amendment 134 #
Draft opinion Paragraph 8 8. Encourages platform companies to develop training and professional development pathways in order to broaden their workers’ professional options
Amendment 135 #
Draft opinion Paragraph 8 a (new) 8 a. Urges the Commission and the Member States to defend the rights of the workers of platform companies, who may be under unequal labour rights than off- line sectors, by levelling their working situation in terms of social protection, salary and time worked, as well as by establishing a fruitful consultation with civil society organisations that represent them; stresses that the COVID–19 pandemic has increased the exposure of these workers to the disease, increasing such inequality;
Amendment 136 #
Draft opinion Paragraph 8 a (new) 8 a. Urges digital platforms to establish industry standards to ensure the safety and security of platform workers while performing their duties, through policies that guarantee their privacy, ensure appropriate insurance in the event of injuries, and protect them from harassment during the performance of their duties; stresses in this context the benefit that such policies would bring to female employment in the sector.
Amendment 137 #
Draft opinion Paragraph 8 a (new) 8a. Calls on Member States to encourage and facilitate social dialogue in the digital platforms sector; calls for workers and their representatives to be informed and consulted in advance about any change to their working conditions and any envisaged change to algorithms;
Amendment 138 #
Draft opinion Paragraph 8 a (new) 8 a. Calls on the Commission and the Member States to monitor the impact transportation network companies have on traffic congestion, CO2 emissions, air pollution and public health and to propose if necessary, after an impact assessment, additional measures to achieve the objectives enshrined in the Green Deal;
Amendment 139 #
Draft opinion Paragraph 8 a (new) 8a. Calls for an in-depth assessment of the environmental impact of platforms in the field of transport, given that not enough is known as yet about their positive and negative impact;
Amendment 14 #
Draft opinion Recital A b (new) A b. Whereas public transport is in a critical need of innovation; whereas new ideas, new schemes, new technologies and new business models can make a big impact on transport solutions and conditions;
Amendment 140 #
Draft opinion Paragraph 8 a (new) Amendment 141 #
Draft opinion Paragraph 8 b (new) 8 b. Considers that the Commission and the Member States should set up ex ante regulatory standards also for controlled, temporary spaces for economic activities such as the development of drones, the use of electric scooters or the implementation of digital ledger technologies (DLTs) to be used in transport and tourism; considers that these regulatory standards could minimize legal insecurity for new innovation and allow for their practical application to be assessed, helping to improve the regulatorycontext through continuous experimentation and evaluation;
Amendment 15 #
Draft opinion Recital A c (new) Amendment 16 #
Draft opinion Recital A c (new) Ac. whereas these platforms have brought about structural changes in employment in the transport sector, which is ordinarily subject to strict regulations concerning entry to the profession and marketing of services; whereas these changes include the rapid expansion of self-employment and flexible working models, but also an increased number of workers in insecure jobs where social security protection and rights are not necessarily guaranteed;
Amendment 17 #
Draft opinion Recital A c (new) A c. Whereas online platforms are subject to existing EU rules in areas such as competition, consumer protection, protection of personal data and single market freedoms; whereas compliance with these rules by all actors in the platform sector is essential to ensure fair competition and to create trust for both businesses and the general public to confidently engage with online platforms;
Amendment 18 #
Draft opinion Recital A d (new) Ad. whereas emphasis should be placed on the many positive effects brought about by the growth in the platform economy in the transport and tourism sectors in the form of more choice, improved resource-efficiency and easier exchanges between people and businesses;
Amendment 19 #
Draft opinion Recital A e (new) Ae. whereas there is significant potential available to further increase the pace of digitalisation in the transport sector, and whereas with that in mind future national rules and regulations must be formulated so as to facilitate, rather than hinder, technological development, while also fostering competition on a level playing field;
Amendment 2 #
Draft opinion Recital A A. whereas the platform economy has become an integral and rapidly growing part of the European transport
Amendment 20 #
Draft opinion Recital A f (new) Af. whereas a good business environment and strong European competitiveness are preconditions for the retention of existing jobs and the emergence of new ones;
Amendment 21 #
Draft opinion Recital B B. whereas precarious self- employment in the platform sector is increasing, particularly for low-skilled platform-determined on-location work1
Amendment 22 #
Draft opinion Recital B B. whereas precarious self- employment in the platform sector is increasing, particularly for low-skilled platform-determined on-location work1, including driving and delivery; whereas well-judged strategies are required to strike the right balance between the flexibility and efficiency demanded by workers and consumers alike, on the one hand, and good, predictable working conditions for workers, on the other; _________________ 1Eurofound (2018), Employment and working conditions of selected types of platform work, Publications Office of the European Union, Luxembourg.
Amendment 23 #
Draft opinion Recital B B. whereas
Amendment 24 #
Draft opinion Recital B B. whereas precarious self- employment in the platform sector is increasing, particularly for low-skilled platform-determined on-location work1 , including driving and delivery and whereas there is no EU framework that regulates the working conditions, rights and access to social protection of platform workers; _________________ 1Eurofound (2018), Employment and working conditions of selected types of platform work, Publications Office of the European Union, Luxembourg.
Amendment 25 #
Draft opinion Recital B B. whereas precarious self- employment in the platform sector is increasing, particularly for low-skilled platform-determined on-location work1 , including driving and delivery services, which is among the types of platform work raising most concerns on employment and working conditions; _________________ 1Eurofound (2018), Employment and working conditions of selected types of platform work, Publications Office of the European Union, Luxembourg.
Amendment 26 #
Draft opinion Recital B B. whereas
Amendment 27 #
Draft opinion Recital B B. whereas precarious self- employment in the platform sector is
Amendment 28 #
Draft opinion Recital B a (new) B a. whereas the Union, with a Single Market of over 400 million people, is lacking behind the US and the People’s Republic of China in terms of large user basis and market permeability, but it is setting the regulatory standards for the use ofdigital services and products, as done with the GDPR and the new European Digital Strategy; whereas the European Parliament is very active following and proposing legislation as well as demanding scrutiny and due diligence by the competent authorities of the Union;
Amendment 29 #
Draft opinion Recital B a (new) B a. whereas many platform workers, such as ride-hailing drivers or couriers, belong to social groups often discriminated against on grounds of nationality, ethnicity, education background, fluency in local language, gender or age in the labour market, and platforms have been able to offer them professional opportunities;
Amendment 3 #
Draft opinion Recital A A. whereas the platform economy has become an integral and rapidly growing part of the
Amendment 30 #
Draft opinion Recital B a (new) B a. whereas many platforms have shifted social costs to workers and the public by circumvention of taxes, labour laws and commercial standards for health, safety and environment with grave socio-economic and individual consequences;
Amendment 31 #
Draft opinion Recital B a (new) Ba. whereas platform work is the most visible form of a wider trend towards insecure jobs, as can be seen from the constantly rising number of atypical workers;
Amendment 32 #
Draft opinion Recital B a (new) Ba. whereas the 'casualisation' of employment relationships is creating new forms of piecework that bolster an army of the new poor with extremely insecure prospects;
Amendment 33 #
Draft opinion Recital B a (new) B a. Whereas in line with the wider digitisation of Europe’s transport services, high-speed wireless and fixed connectivity is essential for the further development of the collaborative economy;
Amendment 34 #
Draft opinion Recital B a (new) B a. whereas most platforms are active in different EU countries and are often not based in the country where the activities performed by their workers take place;
Amendment 35 #
Draft opinion Recital B b (new) Bb. whereas workers who log on to platforms are legally independent of said platforms and would appear to be so since they are at liberty to log on and accept the working conditions offered there; whereas in reality matters are very different; whereas in their work they cannot, in fact, exercise the basic prerogatives of their independence such as to choose their customers or the conditions under which they perform their services;
Amendment 36 #
Draft opinion Recital B b (new) B b. whereas the Union should develop common standards and norms in order to have a single rulebook for the Single Market, decreasing entry administrative barriers and aiming at boosting the modernisation and renovation of economies, offering re-skilling programs to workers who may be left behind, and empowering citizens;
Amendment 37 #
Draft opinion Recital B b (new) B b. Whereas the platform industry aggravates problems already existing in the standard labour market such as precarious atypical employment and zero hour contracts and should be tackled as part of a larger problem while ensuring that the solutions explicitly covers platform workers
Amendment 38 #
Draft opinion Recital B b (new) Bb. whereas rating mechanisms, often based on unclear algorithms, create disparities in how workers are treated and discriminate between them, to the detriment especially of more vulnerable categories such as women, immigrants and persons with disabilities;
Amendment 39 #
Draft opinion Recital B b (new) B b. whereas the European Court of Justice has ruled in case C-434/15 that Uber is not merely an information society service, but a transportation service and thus has to comply with the EU transport acquis;
Amendment 4 #
Draft opinion Recital A A. whereas the platform economy has become an integral and rapidly growing part of the European transport sector; whereas platforms hold potential to facilitate efficiency and productivity improvements and lower barriers to entry into the labour market.
Amendment 40 #
Draft opinion Recital B c (new) Bc. whereas a growing number of judgments by European courts and administrative decisions record the fact that digital platform workers are wrongly regarded as self-employed; whereas this wrong classification limits the access of these workers to social protection and deprives them of the right to negotiate collectively minimum wages;
Amendment 41 #
Draft opinion Recital B c (new) B c. whereas the digitalisation of the economy has developed new services and products together with new forms of labour which tend to be under unequal labour rights than off-line sectors, or even under precarious job contracts both in terms oftime and salary; whereas the COVID–19 pandemic has increased the exposure of these workers to the disease, increasing such inequality;
Amendment 42 #
Draft opinion Recital B c (new) B c. whereas four drivers have filed a case against Uber in the Amsterdam District Court for having been automatically fired by the algorithm without human oversight, claiming they were wrongly accused of fraudulent activity and that the company has not shared any of its evidence against them to justify dismissing them from the platform;
Amendment 43 #
Draft opinion Recital B c (new) B c. whereas a growing case law of court and administrative decisions find platform workers to be misclassified as self-employed; this misclassification limits the workers’ access to social protection and deprives them of the right to collectively bargain decent wages;
Amendment 44 #
Draft opinion Recital B c (new) Bc. whereas the distorted relationship between internet multinationals and workers is so one-sided that it allows contracts to be imposed unilaterally, without any form of trade union protection or collective bargaining;
Amendment 45 #
Draft opinion Recital B d (new) Amendment 46 #
Draft opinion Recital B d (new) B d. whereas algorithmic management can create power imbalances and obscurity about decision-making and must be fully transparent in order for workers to effectively challenge these decisions and ascertain their rights;
Amendment 47 #
Draft opinion Recital B d (new) B d. whereas the Union is not yet reaping all the benefits of interoperability, particularly due to shortcomings in standard-setting, public procurement and coordination between national competent authorities;
Amendment 48 #
B e. whereas the workers have the right not to be subject to a decision based solely on automated processing enshrined in Article 22(1) of Regulation (EU) 2016/679(GDPR), which means there must be human oversight;
Amendment 49 #
Draft opinion Recital B e (new) B e. whereas Council Recommendation 2019/C 387/01 recommends Member States to provide access to adequate social protection to all workers and self- employed persons in Member States;
Amendment 5 #
Draft opinion Recital A A. whereas the platform economy has
Amendment 50 #
Draft opinion Recital B f (new) Amendment 51 #
Draft opinion Recital B g (new) B g. whereas platform workers in the transport and tourism sector are exposed to particular health and safety risks due to the characteristics of work they are performing and have an increased risk of contracting Covid-19 or other transmittable diseases and therefore need to be equipped with adequate protective equipment and guaranteed accident insurances, technical checks and repairs of their vehicles;
Amendment 52 #
Draft opinion Recital B h (new) B h. whereas cyclists, that are widely used for food or high-speed urban deliveries, need particular protection as vulnerable road users that are often employed in unfavourable and difficult weather conditions and therefore should be equipped with protective equipment and accident insurances;
Amendment 53 #
Draft opinion Recital B i (new) B i. whereas several studies1a show that transportation network companies adds to an increase in road traffic, congestion and emission levels and reduce the use of public transport and active mobility in cities where they are operating, thereby causing an increase in air pollution and CO2 emissions; _________________ 1a https://www.transportenvironment.org/ne ws/uber-and-lyft-increase-pollution-and- undermine-public-transport-study-shows
Amendment 54 #
Draft opinion Recital B j (new) B j. whereas platform companies lack legal requirements to address environmental and health concerns, nor requirements to avoid empty runs and maximise mobility efficiency;
Amendment 55 #
Draft opinion Paragraph 1 1. Stresses that the unfair competitive advantages of some parts of the platform economy over the traditional economy, based on
Amendment 56 #
Draft opinion Paragraph 1 1. Stresses that the unfair competitive advantages of the platform economy over the traditional economy, based on social dumping and tax avoidance and evasion
Amendment 57 #
Draft opinion Paragraph 1 1. Stresses that the unfair competitive advantages of the platform economy over the traditional economy, based on social dumping and tax avoidance and evasion, are unacceptable; stresses, therefore, the necessity of putting an end to this as quickly as possible as these unfair competitive advantages seriously damage SMEs and jobs in certain Member States, including France;
Amendment 58 #
Draft opinion Paragraph 1 1. Stresses that the
Amendment 59 #
Draft opinion Paragraph 1 1.
Amendment 6 #
Draft opinion Recital A A. whereas the platform economy has become an integral and rapidly growing part of the European transport sector posing both challenges and opportunities for the sector;
Amendment 60 #
Draft opinion Paragraph 1 1. Stresses th
Amendment 61 #
Draft opinion Paragraph 1 1. Stresses that the unfair competitive advantages
Amendment 62 #
Draft opinion Paragraph 1 a (new) 1 a. Stresses that the Mobility as a Service (MaaS), the Logistics as a Service (LaaS) and the collaborative mobility facilitated by the emergence of platforms with new digital and innovative solutions would benefit considerably multimodality; in this regard, stresses the benefits of platform economy in reducing congestion in urban and sub-urban areas; saving time and efforts for consumers and enhancing the competitiveness of the related businesses;
Amendment 63 #
Draft opinion Paragraph 1 a (new) 1a. Points out that labour relations do not fall within the EU’s remit and are a matter for the Member States and the social partners;
Amendment 64 #
Draft opinion Paragraph 2 2. Calls on the Commission to
Amendment 65 #
Draft opinion Paragraph 2 2. Calls on the Commission, in cooperation with the social partners, to come up with a strategy to align the working conditions of platform workers with those of regular employees, with full respect for the diversity of national labour market models and the autonomy of social partners; stresses that Directive 91/533/EEC and Directive EU 2019/1152 brought in a list of essential aspects of the employment contract or the employment relationship of which workers have to be informed in writing, but that it may be deemed necessary for Member States to adapt that list to take account of developments in the labour market, in particular the growth of non- standard forms of employment;
Amendment 66 #
Draft opinion Paragraph 2 2. Calls as a matter of urgency on the Commission to come up with a
Amendment 67 #
Draft opinion Paragraph 2 2. Calls on the Commission to come up with a strategy
Amendment 68 #
Draft opinion Paragraph 2 2. Calls on the Commission to come up with a strategy to align the working conditions of platform workers with those of regular employees while maintaining their autonomy and flexibility and providing legal certainty, with full respect for the diversity of national labour market models
Amendment 69 #
Draft opinion Paragraph 2 2. Calls on the Commission to come up with a strategy to align the working conditions of platform workers with those of regular employees for those platform workers observed in practice to provide their services in a way comparable to regular employees, with full respect for the diversity of national labour market models and the autonomy of social partners;
Amendment 7 #
Draft opinion Recital A A. whereas the platform economy has become an integral and rapidly growing part of the European transport, hospitality and delivery sector;
Amendment 70 #
Draft opinion Paragraph 2 2. Calls on the Commission to come up with a strategy to align the working conditions of platform workers
Amendment 71 #
2. Calls on the Commission to come up with a strategy to align the working conditions of platform workers with those of regular employees and of self- employed, where appropiate, with full respect for the diversity of national labour market models and the autonomy of social partners;
Amendment 72 #
Draft opinion Paragraph 2 2. Calls on the Commission to
Amendment 73 #
Draft opinion Paragraph 2 a (new) Amendment 74 #
Draft opinion Paragraph 2 a (new) 2 a. Stresses that access to social protection should be equal for all workers, regardless of the type of their work – be it employment, self-employment, or micro- entrepreneurship; those safety nets shall include access to sick-leave, holidays, pensions, insurance and unemployment benefits; in order to enable this, platforms should be allowed to pay and deduct mandatory social contributions on behalf of self-employed contractors;
Amendment 75 #
Draft opinion Paragraph 2 a (new) 2 a. Urges that social protection and social rights of workers, especially of platform or collaborative economy workers should be properly addressed in specific legislation, taking into account the European Pillar for Social Rights, accompanying the future regulatory framework set up by the Union in order toprevent a lack of harmonisation;
Amendment 76 #
Draft opinion Paragraph 2 a (new) 2a. Calls on EU Member States to encourage innovative forms of work which guarantee quality working conditions and prohibit working relationships that lead to insecure working conditions, including non- standard contracts such as 'zero hours' contracts;
Amendment 77 #
Draft opinion Paragraph 2 a (new) 2a. Stresses the need to create decent and fair working conditions for platform workers, with clear legislation at national and European level which safeguards workers' social rights;
Amendment 78 #
Draft opinion Paragraph 2 a (new) 2 a. Calls on the Member States to implement the Council Recommendation 2019/C 387/01 on access to social protection for workers and the self- employed;
Amendment 79 #
Draft opinion Paragraph 2 b (new) 2 b. Considers that the Union’s new digital legal framework should be based on public values of the Union protecting citizens’ rights, particularly on principles of efficient regulation in order to correct market failures, maximize accountability or competition in a dynamic sense and avoid the concentration and emergence of oligopolies and/or monopolies to the detriment of the consumer, SMEs, and the Single Market;
Amendment 8 #
Draft opinion Recital A a (new) Aa. whereas the multiplication of digital intermediation and collaborative platforms is radically changing passenger and freight transport, notably through the provision of new bespoke services for enterprises and individuals, the development of multimodal transport, improved connectivity in isolated areas, enhanced urban mobility or even optimisation of flow management;
Amendment 80 #
Draft opinion Paragraph 2 b (new) 2b. Calls on Member States to ensure that platform workers are able to refuse a work assignment if this takes place outside the reference hours and days or if they have not been informed of the work assignment within the agreed minimum period of notice, without suffering any adverse consequences as a result of their refusal;
Amendment 81 #
Draft opinion Paragraph 2 b (new) 2 b. Calls on the Commission to support Member States in finding and exchanging policy solutions addressing issues of employment security, social protection and health and safety of platform workers providing transport tasks in the ongoing COVID-19 pandemic
Amendment 82 #
Draft opinion Paragraph 3 Amendment 83 #
Draft opinion Paragraph 3 Amendment 84 #
Draft opinion Paragraph 3 3. Calls on the
Amendment 85 #
Draft opinion Paragraph 3 3. Calls on the
Amendment 86 #
Draft opinion Paragraph 3 3. Calls on the Member States to consider the need for national definitions of
Amendment 87 #
Draft opinion Paragraph 3 3. Calls on the Commission and Member States to consider the need for
Amendment 88 #
Draft opinion Paragraph 3 3. Calls on the Member States to consider, in close cooperation with the social partners, the need for national definitions of self-employed workers, with a rebuttable legal presumption that places the burden of proof on platforms to prove that their workers are not in fact employees;
Amendment 89 #
Draft opinion Paragraph 3 3. Calls on the Member States
Amendment 9 #
Draft opinion Recital A a (new) Aa. whereas according to the ILO, for over 60 % of platform workers this work constitutes their sole source of income, and yet many EU Member States obstinately continue to treat these professions as non-standard jobs, opening the way to exploitation, discrimination and poverty;
Amendment 90 #
Draft opinion Paragraph 3 a (new) 3 a. Stresses that regional and local competences as regards to digital services should be guaranteed and that notice- and-action mechanisms should be based on the principle of subsidiarity and therefore recognise these type of competences in order to guarantee that regional administrations do not lose competences;
Amendment 91 #
Draft opinion Paragraph 3 a (new) 3 a. encourages the Commission to issue recommendations to the Member States on how to simplify legal and taxation structures surrounding self- employment;
Amendment 92 #
Draft opinion Paragraph 4 Amendment 93 #
Draft opinion Paragraph 4 4. Calls on the Commission to support Member States in finding policy solutions to determine the status of work for platform workers; remains sceptical of the addition of a third category and stresses the necessity of rethinking the rules on the responsibility of platforms that use both salaried employees and self- employed workers; considers that in these two scenarios, the platform, both as employer and as contractor, is obliged in all cases to comply with the social regulations in the country in which the services are provided;
Amendment 94 #
Draft opinion Paragraph 4 4. Calls on the Commission to support Member States in assessing the different characteristics of workers and finding policy solutions to determine the status or category of work for platform workers; rem
Amendment 95 #
Draft opinion Paragraph 4 4. Calls on the Commission to support Member States in finding policy solutions to determine the status of work for platform workers
Amendment 96 #
Draft opinion Paragraph 4 4. Calls on the Commission
Amendment 97 #
Draft opinion Paragraph 4 4. Calls on the Commission to support Member States in finding policy solutions to determine the status of work for platform workers; remains sceptical of the addition of a third category; recalls that the Court of Justice of the European Union has already established criteria for determining the status of a worker1 a _________________ 1aJudgments of the Court of Justice of 3 July 1986, Deborah Lawrie-Blum v Land Baden-Württemberg, C-66/85, ECLI:EU:C:1986:284; 14 October 2010, Union Syndicale Solidaires Isère v Premier ministre and Others, C-428/09, ECLI:EU:C:2010:612; 9 July 2015, Ender Balkaya v Kiesel Abbruch- und Recycling Technik GmbH, C-229/14, ECLI:EU:C:2015:455; 4 December 2014, FNV Kunsten Informatie en Media v Staat der Nederlanden, C-413/13, ECLI:EU:C:2014:2411; and 17 November 2016, Betriebsrat der Ruhrlandklinik gGmbH v Ruhrlandklinik gGmbH, C-216/15, ECLI:EU:C:2016:883.
Amendment 98 #
Draft opinion Paragraph 4 4. Calls on the Commission to support Member States in finding
Amendment 99 #
Draft opinion Paragraph 4 4.
source: 681.011
2021/03/25
EMPL
343 amendments...
Amendment 1 #
Motion for a resolution Citation 10 a (new) – having regard to the Communication from the Commission of 4 March 2021 entitled ‘The European Pillar of Social Rights Action Plan’,
Amendment 10 #
Motion for a resolution Citation 41 b (new) – having regard to the ILO World Employment and Social Outlook 2021 ‘The role of digital labour platforms in transforming the world of work’,
Amendment 100 #
Motion for a resolution Recital F a (new) Fa. whereas the introduction of a special status for platform-based workers would undermine their rights and further distort competition between platform companies and companies in the traditional economy, especially SMEs; whereas platform-based workers should either be classified as workers or genuinely self-employed depending on their actual situation; whereas a rebuttable presumption of an employment relationship would include the possibility for platform companies to prove that their platform-based workers are not workers in accordance with the national legislation of the respective Member State;
Amendment 101 #
Motion for a resolution Recital F a (new) Fa. whereas many European countries are reacting and courts are ruling in favour of a large number of platform workers whose self-employed status does not reflect reality, and whereas a relationship of subordination is gradually being recognised, effectively forcing platforms to gradually reclassify contracts;
Amendment 102 #
Motion for a resolution Recital F a (new) Fa. whereas it should be ensured that existing provisions are applied, in particular the Directive on transparent and predictable working conditions and the Regulation on promoting fairness and transparency for business users of online intermediation services;
Amendment 103 #
Motion for a resolution Recital F a (new) Fa. whereas attempts to simply impose the rules, regulating traditional employment, on platform work could be ineffective and harmful for both companies and workers;
Amendment 104 #
Motion for a resolution Recital F a (new) Fa. whereas the principle of subsidiarity should always and in every case be respected when an initiative involving a uniform regulation is proposed;
Amendment 105 #
Motion for a resolution Recital F a (new) Fa. whereas small and medium-sized enterprises (SMEs) are the backbone of Europe's economy, they represent 99% of all businesses in the EU;
Amendment 106 #
Motion for a resolution Recital F b (new) Fb. whereas platform work is a result of technological progress, providing workers, customers and employers with new opportunities and choices when it comes to place, time flexibility and frequency of their relations, including work and provision of services, it requires a respective technological adaptability and flexibility on behalf of the social security and health systems and taxation mechanisms, providing for the workers’ spare rights and public income interest.
Amendment 107 #
Motion for a resolution Recital F b (new) Fb. whereas there is no European definition of "worker"; whereas a special status for platform-based workers would not be compatible with the national classifications of workers and genuinely self-employed in the Member States, with unpredictable legal, administrative and juridical consequences as well as a high risk of further labour market segmentation;
Amendment 108 #
Motion for a resolution Recital F c (new) Fc. whereas platforms acting like employers have to observe all their obligations as employers and abide to their sectoral responsibilities;
Amendment 109 #
Motion for a resolution Recital F d (new) Fd. whereas the issue of non-paid work is particularly sensitive in the platform-based work environment;
Amendment 11 #
Motion for a resolution Citation 41 c (new) – having regard to the 2020 Gender Equality Index Report,
Amendment 110 #
Motion for a resolution Recital F e (new) Fe. whereas the creation of cooperatives can constitute an important instrument of bottom up organisation of platform-based work and could encourage competition between platforms;
Amendment 111 #
Motion for a resolution Subheading 1 (new) Legal uncertainty and European legal framework (To be inserted before paragraph 1)
Amendment 112 #
Motion for a resolution Paragraph 1 Amendment 113 #
Motion for a resolution Paragraph 1 1. Notes that the
Amendment 114 #
Motion for a resolution Paragraph 1 1. Notes that the current European framework is unsatisfactory, with EU legal instruments which
Amendment 115 #
Motion for a resolution Paragraph 1 1.
Amendment 116 #
Motion for a resolution Paragraph 1 1. Notes that the current European framework is unsatisfactory, with
Amendment 117 #
Motion for a resolution Paragraph 1 1. Notes that the current
Amendment 118 #
Motion for a resolution Paragraph 1 1. Notes that the current
Amendment 119 #
Motion for a resolution Paragraph 1 1. Notes that the current European framework is unsatisfactory, with EU legal instruments which
Amendment 12 #
Motion for a resolution Citation 41 d (new) – having regard to the Data&Society report of February 2019 entitled ‘Workplace Monitoring & Surveillance’ and ‘Algorithmic Management in the Workplace’,
Amendment 120 #
Motion for a resolution Paragraph 1 1. Notes that the current European framework is unsatisfactory, with EU legal instruments which
Amendment 121 #
Motion for a resolution Paragraph 1 1. Notes that the current European framework is unsatisfactory, with EU legal instruments which do not cover all platform workers in their personal scope and which do not address the new realities of the world of work; regrets that this fragmentation may place
Amendment 122 #
Motion for a resolution Paragraph 1 1. Notes that the current European framework is unsatisfactory, with EU legal instruments which do not cover all platform workers in their personal scope and which do not address the new realities of the world of work; regrets that this fragmentation places some platform workers in a legally precarious situation, resulting in some platform workers
Amendment 123 #
Motion for a resolution Paragraph 1 a (new) 1a. Stresses that the issue of social security remains an exclusive competence of the Member States; calls on the Member States to take action to protect platform workers, especially those whose legal situation is unclear; stresses that platform workers should enjoy labour rights if, under the law of the Member State concerned, the work they perform fulfils the conditions applicable to an employment relationship;
Amendment 124 #
Motion for a resolution Paragraph 1 a (new) 1a. Stresses that the unfair competitive advantages often available to multinationals of the platform economy over the traditional economy, based on social and wage dumping and on tax avoidance and evasion, are unacceptable and the EU must do more to tackle them;
Amendment 125 #
Motion for a resolution Paragraph 1 a (new) 1a. Calls for the introduction of a rebuttable presumption of an employment relationship for all platform-based workers, which would include the possibility for platform companies to prove that their platform-based workers are not workers in accordance with the national legislation of the respective Member State;
Amendment 126 #
Motion for a resolution Paragraph 1 a (new) 1a. Expresses the concern, that many platform workers have limited or no social security coverage and subsequently - no retirement plan under the existing pension systems, which is endangering both their future prospects, the public pension systems of the Member States, and our Social model in general;
Amendment 127 #
Motion for a resolution Paragraph 1 b (new) 1b. Calls for the recognition of platforms as companies linked to their sector of activity;
Amendment 128 #
Motion for a resolution Paragraph 2 2. Stresses that the
Amendment 129 #
Motion for a resolution Paragraph 2 2. Stresses that the meaning of the terms ‘worker’ and ‘self-employed’ are not uniformly defined in all Member States; notes that the boundary between these two terms is
Amendment 13 #
Motion for a resolution Citation 41 e (new) – having regard to the EPRS report of November 2020 entitled ‘Data subjects, digital surveillance, AI and the future of work’;
Amendment 130 #
Motion for a resolution Paragraph 2 2.
Amendment 131 #
Motion for a resolution Paragraph 2 2.
Amendment 132 #
Motion for a resolution Paragraph 2 2. Stresses that the meaning of the terms ‘worker’ and ‘self-employed’ are not uniformly defined in all Member States; notes that the boundary between these two terms is less clear for new forms of work, and that some workers are at risk of being misclassified; takes the view accordingly that digital platform workers must have the same rights and the same access to social protection as other workers;
Amendment 133 #
Motion for a resolution Paragraph 2 2. Stresses that the meaning of the terms ‘worker’ and ‘self-employed’ are not uniformly defined in all Member States, but that the EU does not have the right to interfere in what are complex labour codes in each Member State; notes that the boundary between these two terms is less clear for new forms of work, and that some workers are at risk of being misclassified;
Amendment 134 #
Motion for a resolution Paragraph 2 2. Stresses that the meaning of the terms ‘worker’ and ‘self-employed’ are not uniformly defined in all Member States; notes that the boundary between these two terms is less clear for new forms of work, and that some workers are at risk of being misclassified; therefore, workers in platform companies should have the same rights are other workers;
Amendment 135 #
Motion for a resolution Paragraph 2 2. Stresses that the meaning of the terms ‘worker’ and ‘self-employed’ are not uniformly defined in all Member States; notes that the boundary between these two terms is less clear for new forms of work, and that some workers are at risk of being misclassified; Therefore, workers in platform companies should have the same rights as other workers
Amendment 136 #
Motion for a resolution Paragraph 2 a (new) 2a. Emphasises that the route technology will take in work’s future requires very important ethical and axiological decisions with debates and deep discussions between workers, managers, businessmen and women, and social partners;
Amendment 137 #
Motion for a resolution Paragraph 2 a (new) 2a. Stresses, furthermore, that platform workers, working in different Member-States or combining regular employment with platform work in different Member-States might be subject to entirely different regulations for the same work;
Amendment 138 #
Motion for a resolution Paragraph 2 a (new) 2a. Stresses that reclassification of contracts must be encouraged in view of the obligations for businesses that are laid down in each Member State;
Amendment 139 #
Motion for a resolution Paragraph 3 Amendment 14 #
Motion for a resolution Citation 44 a (new) — having regard to Barcelona Social Court Decision No 24 of 12 January 2021; having regard to the Belgian Employment Status Commission decision of 13 January 2021; having regard to Amsterdam Court of Appeal Decision No 200.261.051/01 of 19 February 2021; having regard to the decision of 24 February 2021 by the Milan Public Prosecutor’s Office;
Amendment 140 #
Motion for a resolution Paragraph 3 3. Believes that this legal uncertainty must be urgently addressed,
Amendment 141 #
Motion for a resolution Paragraph 3 3. Believes that this legal uncertainty must be urgently addressed, while
Amendment 142 #
Motion for a resolution Paragraph 3 3. Believes that this legal uncertainty must be urgently addressed,
Amendment 143 #
Motion for a resolution Paragraph 3 3. Believes that
Amendment 144 #
Motion for a resolution Paragraph 3 3. Believes that this legal uncertainty must be urgently addressed, while acknowledging that it cannot be easily solved by a one-size-fits-all approach; believes that any proposal must
Amendment 145 #
Motion for a resolution Paragraph 3 3. Believes that this legal uncertainty must be urgently addressed
Amendment 146 #
Motion for a resolution Paragraph 3 3. Believes that
Amendment 147 #
Motion for a resolution Paragraph 3 3. Believes that this legal uncertainty must be urgently addressed, while acknowledging that it cannot be easily solved by a one-size-fits-all approach; believes that any proposal must recognise the heterogeneity of platforms and of platform workers, must take into account the interests of small and medium-sized enterprises, must maintain the freedom of choice of employees and take into account the current digital labour platforms model,
Amendment 148 #
Motion for a resolution Paragraph 3 3. Believes that th
Amendment 149 #
Motion for a resolution Paragraph 3 3. Believes that this legal uncertainty must be urgently addressed, while acknowledging that it cannot be easily solved by a one-size-fits-all approach; believes that any proposal must recognise the heterogeneity of platforms and of platform workers, as well as the different national labour legislation, social security and health systems, and take into account the current digital labour platforms model, where some platform workers are genuinely self-employed and wish to remain so;
Amendment 15 #
Motion for a resolution Recital -A (new) -A. whereas the concept of platform workers is very broad; whereas, accordingly, it may include both self- employed and employed persons, and both highly skilled and low-paid workers;
Amendment 150 #
Motion for a resolution Paragraph 3 3. Believes that this legal uncertainty must be urgently addressed for the benefit of workers, platforms and citizens, while
Amendment 151 #
Motion for a resolution Paragraph 3 a (new) 3a. Notes, however, that, especially bearing in mind the freedom of movement of workers and provision of services in the Singe market, certain common rules on working conditions, social security, healthcare rights, hourly minimum income guarantee and basic calculation of working time, income and taxation base shall apply throughout the Union, preferably as a result of successful social dialogue;
Amendment 152 #
Motion for a resolution Paragraph 3 a (new) 3a. Emphasises that legislation in the Member States and at European level is far from matching the speed at which the digital transformation is evolving, leading to lack of regulation when it comes to new employment methods, with a direct impact on workers’ rights and the functioning of online platforms;
Amendment 153 #
Motion for a resolution Paragraph 3 a (new) 3a. Stresses that any regulation should not be harmful towards innovation, the creation of new business models, start-ups and SMEs; emphasizes that flexible working arrangements should be protected when they are not detrimental towards social protection and workers’ rights;
Amendment 154 #
Motion for a resolution Paragraph 3 b (new) 3b. Underlines, that platform work allows workers to provide their professional services throughout the Union for different and short periods in different Member-States; expresses the concern, that such a working model remains largely uncovered by existing rules on social security coordination and the portability of social rights of platform workers is especially unsecure;
Amendment 155 #
Motion for a resolution Paragraph 3 b (new) 3b. Stresses that any regulation regarding online platforms must respect the principle of subsidiarity and the different approaches of the Member States, given the existing differences between platforms - from the number of workers to the extent to which they cover the rights of workers - and must stand the test of time and digital transformation;
Amendment 156 #
Motion for a resolution Paragraph 4 Amendment 157 #
Motion for a resolution Paragraph 4 Amendment 158 #
Motion for a resolution Paragraph 4 4. Welcomes the Commission’s proposal
Amendment 159 #
Motion for a resolution Paragraph 4 4. Welcomes the Commission’s proposal for a
Amendment 16 #
Motion for a resolution Recital -A (new) -A. whereas platform workers refers to individuals providing services intermediated with a greater or lesser extent of control via a digital labour platform, regardless of these people’s legal employment status;
Amendment 160 #
Motion for a resolution Paragraph 4 4. Welcomes the Commission’s proposal for a legislative initiative to improve the working conditions of platform workers; calls on the Commission, if the social partners do not express the wish to initiate the process provided for in Article 155 of the TFEU, to put forward a new directive on
Amendment 161 #
Motion for a resolution Paragraph 4 4. Welcomes the Commission’s proposal for a legislative initiative to improve the working conditions of platform-based workers; calls on the Commission, if the social partners do not express the wish to initiate the process provided for in Article 155 of the TFEU, to put forward a
Amendment 162 #
Motion for a resolution Paragraph 4 4. Welcomes the Commission’s proposal for a legislative initiative to improve the working conditions of platform workers; calls on the Commission, if the social partners do not express the wish to initiate the process
Amendment 163 #
Motion for a resolution Paragraph 4 4. Welcomes the Commission’s proposal for a legislative initiative to improve the working conditions of platform workers; calls on the Commission, if the social partners do not express the wish to initiate the process provided for in Article 155 of the TFEU, to put forward a new directive on platform workers in order to guarantee them a minimum set of rights
Amendment 164 #
Motion for a resolution Paragraph 4 4. Welcomes the Commission’s proposal for a legislative initiative to improve the working conditions of platform workers; calls on the Commission, if the social partners do not express the wish to initiate the process provided for in Article 155 of the TFEU, to put forward a new directive on platform workers in order to guarantee them a minimum set of rights
Amendment 165 #
Motion for a resolution Paragraph 4 4. Welcomes the Commission’s proposal for a legislative initiative to improve the working conditions of platform workers; calls on the Commission, if the social partners do not express the wish to initiate the process provided for in Article 155 of the TFEU, to put forward a new directive on platform workers in order to guarantee them a minimum set of rights
Amendment 166 #
Motion for a resolution Paragraph 4 4. Welcomes the Commission’s proposal for a legislative initiative to improve the working conditions of platform workers; calls on the Commission, if the social partners do not express the wish to initiate the process provided for in Article 155 of the TFEU, and on the basis of the conclusions of public consultations, to put forward a new
Amendment 167 #
Motion for a resolution Paragraph 4 4. Welcomes the Commission’s proposal for a legislative initiative to improve the working conditions of platform workers based on Article 153 TFEU by the end of 2021, preceded by a two-stage consultation of the social partners; calls on the Commission, if the social partners do not express the wish to initiate the process provided for in Article 155 of the TFEU, to put forward a new directive on platform
Amendment 168 #
Motion for a resolution Paragraph 4 4. Welcomes the Commission’s proposal for a legislative initiative to improve the working conditions of platform workers; calls on the Commission, if the social partners do not express the wish to initiate the process provided for in Article 155 of the TFEU, to put forward a new directive on platform workers in order to guarantee them a minimum set of rights regardless of their employment status,
Amendment 169 #
Motion for a resolution Paragraph 4 4. Welcomes the Commission’s proposal for a legislative initiative to improve the working conditions of platform workers; calls on the Commission, if the social partners do not express the wish to initiate the process provided for in Article 155 of the TFEU, to put forward a new directive on platform workers in order to guarantee them a minimum set of rights and procedures to ensure their portability, regardless of their employment status, and to address the specificities of platform work;
Amendment 17 #
Motion for a resolution Recital -A a (new) -Aa. whereas digital labour platform refers to a private internet-based company which intermediates with a greater or lesser extent of control on-demand services, requested by individual or corporate customers and provided directly or indirectly by individuals, regardless of whether such services are performed on- location or online;
Amendment 170 #
Motion for a resolution Paragraph 4 a (new) Amendment 171 #
Motion for a resolution Paragraph 4 a (new) 4a. Is of the opinion that the hypothesis of a new EU so-called ‘third status’ between worker and self-employed would not help to solve the current problems and risks further blurring already confused concepts;
Amendment 172 #
Motion for a resolution Paragraph 4 a (new) 4a. Stresses that any proposal should be preceded by a thorough research regarding situation of the platform workers during COVID-19 crisis;
Amendment 173 #
Motion for a resolution Paragraph 4 b (new) 4b. Calls upon the Commission to present in the legislation clear criteria to recognise the status of digital labour platforms either as employer, (temporary) employment agency, or intermediary, linked to their sector of activity, in order to ensure all obligations a particular status entails, for inter alia social security contributions, responsibility for health & safety, liability for income tax payments, due diligence and corporate social responsibility are met and a level playing field with other companies active in the sector can be preserved;
Amendment 174 #
Motion for a resolution Paragraph 5 5. Stresses the need to better combat bogus self-employment
Amendment 175 #
Motion for a resolution Paragraph 5 5. Stresses the need to better combat bogus self-employment by means of a directive including a workers definition, a rebuttable presumption of employment and defining the liability of digital labour platforms, so as to cover also platform workers which are fulfilling the conditions characteristic of an employment relationship based on the actual performance of work, and not on the parties’ description of the relationship;
Amendment 176 #
Motion for a resolution Paragraph 5 5. Stresses the need to better combat bogus self-employment by means of a directive, so as to cover platform workers which are fulfilling the conditions characteristic of an employment relationship based on the actual performance of work, and not on the parties’ description of the relationship;
Amendment 177 #
Motion for a resolution Paragraph 5 5. Stresses the need to better combat bogus self-employment by means of a directive, so as to cover platform-based workers which are fulfilling the conditions characteristic of an employment relationship based on the actual performance of work, and not on the parties’ description of the relationship;
Amendment 178 #
Motion for a resolution Paragraph 5 5. Stresses the need to better combat bogus self-employment by means of a directive, so as to cover platform workers which are fulfilling the conditions
Amendment 179 #
Motion for a resolution Paragraph 5 5. Stresses the need to better combat bogus self-employment by means of a directive, so as to cover platform workers which are fulfilling the conditions characteristic of an employment relationship based on the actual performance of work, and not on the parties’ description of the relationship; is of the opinion that special attention should be given to digital labour platforms that
Amendment 18 #
Motion for a resolution Recital -A b (new) -Ab. whereas platform work refers to the services provided on demand and for remuneration by platform workers, regardless of the type of digital labour platforms (on-location vs online) or the level of skills required;
Amendment 180 #
Motion for a resolution Paragraph 5 5. Stresses the need to better combat bogus self-employment by means of a directive
Amendment 181 #
Motion for a resolution Paragraph 5 5. Stresses the need to better
Amendment 182 #
Motion for a resolution Paragraph 5 5. Stresses the need to
Amendment 183 #
Motion for a resolution Paragraph 5 5. Stresses the need to better combat bogus self-employment by means of a
Amendment 184 #
Motion for a resolution Paragraph 5 5. Stresses the need to better combat bogus self-employment
Amendment 185 #
Motion for a resolution Paragraph 5 5. Stresses the need to better combat bogus self-employment by means of a
Amendment 186 #
Motion for a resolution Paragraph 5 5. Stresses the need to better combat bogus self-employment by means of a directive, so as to cover platform workers which are fulfilling the conditions characteristic of an employment relationship based on the actual performance of work, and not on the parties’ description of the relationship; is of the opinion that special attention should be given to digital labour platforms that strongly organise, directly or by means of an algorithm, conditions and remuneration of online and on-location platform work, which could be used as
Amendment 187 #
Motion for a resolution Paragraph 5 a (new) 5a. Stresses that algorithms used by platforms to attribute work can be of a discriminatory nature; recalls that according to Article 19 TFEU „In defining and implementing its policies and activities, the Union shall aim to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual; calls on the Commission to propose a ban on discriminatory practices by AI and put in place solid legal safeguards in legislation to combat discrimination by AI or algorithmic management by ensuring that the information or datasets used to run or train AI used on the workplace represent diversity and are not biased, including tools like consumer-sourced rating systems, which can reflect biased and discriminatory practices towards workers; notes that women and migrants have a higher risk of costumer rating bias; recalls that some platforms use rating systems to influence how many offers or tasks a platform worker will receive; stresses that platform workers must always be able to challenge ratings by clients;
Amendment 188 #
Motion for a resolution Paragraph 5 a (new) 5a. Stresses that the major impact of online platforms is not limited to benefits offered to consumers, but is instead a wide scale impact that affects the whole supply chain, including suppliers, manufacturers, distributors and consumers and must be accordingly considered when legislation is being discussed.
Amendment 189 #
Motion for a resolution Subheading 2 (new) Fair and transparent working conditions (To be inserted before paragraph 6)
Amendment 19 #
Motion for a resolution Recital A A. whereas platform work can create employment opportunities, increase choice, provide additional income, and lower barriers to entering the labour market
Amendment 190 #
Motion for a resolution Paragraph 6 Amendment 191 #
Motion for a resolution Paragraph 6 – introductory part 6. Calls on the
Amendment 192 #
Motion for a resolution Paragraph 6 – introductory part 6. Calls on the
Amendment 193 #
Motion for a resolution Paragraph 6 – indent - 1 a (new) 6. Calls on the Commission, when exploring ways to improve working conditions to: – make it clear that establishing a third status cannot be considered under any circumstances;
Amendment 194 #
Motion for a resolution Paragraph 6 – indent 1 – ensure that the collective bargaining framework functions properly and efficiently and better implement the prohibition of exclusivity clauses, and ensure all platform workers are permitted to work for different platforms (multi- apping) and not be subject to adverse treatment for doing so;
Amendment 195 #
Motion for a resolution Paragraph 6 – indent 1 – ensure that the framework for collective agreements works smoothly and better implement the prohibition of exclusivity clauses, and ensure all platform workers are permitted to work for different platforms (multi-apping) and not be subject to adverse treatment for doing so;
Amendment 196 #
Motion for a resolution Paragraph 6 – indent 1 – ensure that the framework for collective agreements works smoothly and better implement the prohibition of exclusivity clauses, and ensure all platform
Amendment 197 #
Motion for a resolution Paragraph 6 – indent 1 – better implement the prohibition of exclusivity clauses, and ensure all platform workers are permitted to work for different platforms (multi-apping) and not be subject to adverse treatment for doing so in line with the Transparent and Predictable Working Conditions Directive;
Amendment 198 #
Motion for a resolution Paragraph 6 – indent 1 a (new) – clarify that the third status option will not be an option
Amendment 199 #
Motion for a resolution Paragraph 6 – indent 2 – improve rights in case of restriction, suspension or termination by the platform by ensuring all platform workers have the right to a reasoned statement , and, if this is disputed, a right of reply and to effective and impartial dispute resolution providing the possibility to re-establish compliance or rebut the statement as well as the right to group claims;
Amendment 2 #
Motion for a resolution Citation 14 a (new) – having regard to the Commission Consultation Document of 24 February 2021 entitled ‘First phase consultation of social partners under Article 154 TFEU on possible action addressing the challenges related to working conditions in platform work’,
Amendment 20 #
Motion for a resolution Recital A A. whereas platform work can create employment
Amendment 200 #
Motion for a resolution Paragraph 6 – indent 2 – improve rights in case of restriction, suspension or termination by the platform by ensuring all platform workers have the right to a prior reasoned statement, and, if this is disputed, a right of reply and to effective and impartial dispute resolution providing the possibility to re- establish compliance or rebut the statement;
Amendment 201 #
Motion for a resolution Paragraph 6 – indent 2 a (new) – assess the impact of labour market monopsony on workers' earnings;
Amendment 202 #
Motion for a resolution Paragraph 6 – indent 3 – address the current lack of transparency by ensuring the provision of essential information regarding working conditions, the method of calculating the price or fee, assignment of tasks, the functioning of the algorithm, and transparency in the event of a change in the terms, conditions and procedures for temporary or permanent deactivation, if any, which should
Amendment 203 #
Motion for a resolution Paragraph 6 – indent 3 – address the current lack of transparency by ensuring the provision of essential information regarding working conditions, the method of calculating the price or fee, and transparency in the event of a change in the terms, conditions and procedures for temporary or permanent deactivation, if any, which should be
Amendment 204 #
Motion for a resolution Paragraph 6 – indent 3 – address the current lack of transparency, while observing trade secrets, by ensuring the provision of essential information regarding working conditions, the method of calculating the price or fee, and transparency in the event of a change in the terms, conditions and procedures for temporary or permanent deactivation, if any, which should be preceded by consultation;
Amendment 205 #
Motion for a resolution Paragraph 6 – indent 3 – address the current lack of transparency by ensuring the provision of essential information regarding working conditions, the method of calculating the price or fee, the functioning of the algorithm and transparency in the event of a change in the terms, conditions and procedures for temporary or permanent
Amendment 206 #
Motion for a resolution Paragraph 6 – indent 3 – address the current lack of transparency by ensuring the provision of essential information regarding working conditions, the method of calculating the price or fee, the functioning of the algorithm and transparency in the event of a change in the terms, conditions and procedures for temporary or permanent deactivation, if any, which should be preceded by consultation;
Amendment 207 #
Motion for a resolution Paragraph 6 – indent 3 – address the current lack of transparency by ensuring the provision of essential information regarding working conditions and rules of cooperation, the method of calculating the price or fee, and transparency in the event of a change in the terms, conditions and procedures for temporary or permanent deactivation, if any, which should be preceded by consultation;
Amendment 208 #
Motion for a resolution Paragraph 6 – indent 3 a (new) – anticipate and address the potential impact of the geographical relocation of online platform work to non- EU lower-income countries on the labour force, wages and social security systems of EU Member States;
Amendment 209 #
Motion for a resolution Paragraph 6 – indent 3 a (new) – create in-platform, optional and transparent features allowing the workers to communicate between themselves should they be interested to do so;
Amendment 21 #
Motion for a resolution Recital A A. whereas platform work
Amendment 210 #
Motion for a resolution Paragraph 6 – subparagraph 1 believes that the aforementioned communication should be made in a clear, comprehensive and easily accessible way in compliance with existing EU and national legislation on workers’ rights;
Amendment 211 #
Motion for a resolution Paragraph 6 – subparagraph 1 believes that the aforementioned communication should be made in a clear, comprehensive and easily accessible way, and should be provided both to the person and the representatives;
Amendment 212 #
Motion for a resolution Paragraph 6 – subparagraph 1 believes that the aforementioned communication should be made in a clear, comprehensive and easily accessible way; and should be provided both to the person and the representatives;
Amendment 213 #
Motion for a resolution Paragraph 6 – subparagraph 1 believes that the aforementioned communication should be made in a clear, comprehensive and easily accessible way and be forwarded both to workers and to their representatives;
Amendment 214 #
Motion for a resolution Paragraph 6 a (new) Amendment 215 #
Motion for a resolution Paragraph 6 a (new) 6a. Calls on the Commission to examine how far existing Union rules are applicable to the digital labour platform market and ensure adequate implementation and enforcement; calls on the Member States, in collaboration with social partners and other relevant stakeholders, to assess, in a proactive way and based on the logic of anticipation, the need to modernise existing legislation, including social security systems, so as to stay abreast of technological developments while ensuring workers’ protection; calls on the Commission and the Member States to coordinate social security systems with a view to ensuring the exportability of benefits and aggregation of periods in accordance with Union and national legislation;
Amendment 216 #
Motion for a resolution Paragraph 6 a (new) 6a. Commits to plans for continuing training to ensure that the technology tools are suitably qualified to meet the challenges these new business models bring;
Amendment 217 #
Motion for a resolution Paragraph 6 a (new) 6a. clarify that the third status option will not be an option. recalls that the Court of Justice of the European Union has already established criteria for determining the status of a worker.
Amendment 218 #
Motion for a resolution Paragraph 6 b (new) 6b. Promotes innovation in public employment services in the Member States in order to encourage digitisation and automation of registration processes and make it possible for these new forms of employment relationships to be regularised in a flexible way;
Amendment 219 #
Motion for a resolution Paragraph 6 c (new) 6c. Bears in mind that pursuant to the subsidiarity principle, it is first and foremost the responsibility of the Member State to ensure job security;
Amendment 22 #
Motion for a resolution Recital A A. whereas platform work
Amendment 220 #
Motion for a resolution Subheading 3 (new) Guarantee a healthy and safe working environment (To be inserted before paragraph 7)
Amendment 221 #
Motion for a resolution Paragraph 7 7. Stresses that some platform workers may be subject to increased health and safety risks; is of the opinion that the Commission proposal must address the occupational health and safety of platform workers a
Amendment 222 #
Motion for a resolution Paragraph 7 7. Stresses that some platform workers may be subject to increased health and safety risks; is of the opinion that the Commission proposal must address the occupational health and safety of platform workers
Amendment 223 #
Motion for a resolution Paragraph 7 7. Stresses that some platform workers may be subject to increased health and safety risks; is of the opinion that the Commission proposal must address the occupational health and safety of platform workers
Amendment 224 #
Motion for a resolution Paragraph 7 7. Stresses that some platform-based workers may be subject to increased health and safety risks
Amendment 225 #
Motion for a resolution Paragraph 7 7. Stresses that some platform workers may be subject to increased health and safety risks; is of the opinion that the
Amendment 226 #
Motion for a resolution Paragraph 7 7. Stresses that some platform workers may be subject to increased health and safety risks; is of the opinion that
Amendment 227 #
Motion for a resolution Paragraph 7 7. Stresses that
Amendment 228 #
Motion for a resolution Paragraph 7 7. Stresses that some platform workers may be subject to increased health and safety risks with unpredictable working hours, intensity of work, competitive environments (rating systems, work incentive through bonuses), information overload and isolation as emergent factors for psychosocial risks; is of the opinion that the Commission proposal must address the occupational health and safety of platform workers as well as establish minimum requirements to enable them exercise a right to disconnect without any adverse consequences;
Amendment 229 #
Motion for a resolution Paragraph 7 7. Stresses that some platform workers may be subject to increased health and safety risks; takes the view that digital platform workers must have the same access to social protection as all other workers; is of the opinion that the
Amendment 23 #
Motion for a resolution Recital A A. whereas platform work can create employment opportunities, increase choice, provide additional income, and lower barriers to entering the labour market; whereas platform work facilitates flexibility for both workers and clients and for providers, and
Amendment 230 #
Motion for a resolution Paragraph 7 7. Stresses that some platform workers may be subject to increased health and safety risks; is of the opinion that the Commission proposal must address the occupational health and safety of platform workers as well as establish minimum requirements to enable them exercise
Amendment 231 #
Motion for a resolution Paragraph 7 a (new) 7a. Stresses the need to ensure the same access to lifelong learning as workers in the traditional economy, in line with national law and practice, while encouraging innovation, promoting competitive and inclusive growth, and guaranteeing a level playing field for businesses;
Amendment 232 #
Motion for a resolution Paragraph 8 8. Considers that platform workers should receive compensation in case of work accidents and occupational diseases, and be offered sickness and invalidity insurance coverage;
Amendment 233 #
Motion for a resolution Paragraph 8 8. Considers that platform-based workers should be entitled to receive compensation in case of work accidents and occupational diseases, and be
Amendment 234 #
Motion for a resolution Paragraph 8 8. Considers that platform workers should, in accordance with their status, receive compensation in case of work accidents and occupational diseases, and be offered sickness and invalidity insurance coverage; welcomes, in this respect, the initiatives of some platforms to provide insurance as well as occupational health and safety measures;
Amendment 235 #
Motion for a resolution Paragraph 8 8. Considers that platform workers should receive compensation in case of work accidents and occupational diseases, and be offered sickness and invalidity insurance coverage
Amendment 236 #
Motion for a resolution Paragraph 8 8. Considers that platform workers should be given clear information on whether the tasks they will be performing may be psychologically stressful or damaging and should receive access to counselling or support paid for by the platform in those cases; believes that all platform workers should receive compensation in case of work accidents and occupational diseases, and be offered sickness and invalidity insurance coverage; welcomes, in this respect, the initiatives of some platforms to provide insurance as well as occupational health and safety measures;
Amendment 237 #
Motion for a resolution Paragraph 8 8. Considers that platform workers should receive compensation in case of work accidents and occupational diseases, and be offered sickness and invalidity insurance coverage; welcomes, in this respect, the initiatives of some platforms to
Amendment 238 #
Motion for a resolution Paragraph 8 8. Considers that all workers, including platform workers, should receive compensation in case of work accidents and occupational diseases, and be offered sickness, unemployment, accident and invalidity insurance coverage and all other employment rights such as paid holidays; welcomes, in this respect, the initiatives of some digital labour platforms to provide as a first step insurance as well as occupational health and safety measures;
Amendment 239 #
Motion for a resolution Paragraph 8 8. Considers that platform workers should receive compensation in case of work accidents and occupational diseases, and be offered sickness and invalidity insurance coverage and all other employment rights such as paid holidays; welcomes, in this respect, the initiatives of some platforms to
Amendment 24 #
Motion for a resolution Recital A a (new) Aa. whereas the COVID-19 crisis has served to highlight the crucial role played by platform workers in ensuring business continuity for thousands of SMEs and consumers across the EU by providing a much needed interface between key sectors such as the food and hospitality industries and citizens, and the opportunities and flexibilities provided by the platform model prevented major income loss;
Amendment 240 #
Motion for a resolution Paragraph 8 8. Considers that platform workers should receive compensation in case of work accidents and occupational diseases, and be offered sickness and invalidity insurance coverage and all other employment rights such as paid holidays; welcomes, in this respect, the initiatives of some platforms to provide as first step insurance as well as occupational health and safety measures;
Amendment 241 #
Motion for a resolution Subheading 4 (new) Give access to adequate and transparent social protection (To be inserted before paragraph 9)
Amendment 242 #
Motion for a resolution Paragraph 9 9. Strongly believes that formal and effective coverage, adequacy and transparency of social protection systems should apply to all workers including the self-employed; calls on the Member States to fully and immediately implement the Council Recommendation on access to social protection for workers and self- employed, and to
Amendment 243 #
Motion for a resolution Paragraph 9 9. Strongly believes that formal and effective coverage, adequacy and transparency of social protection systems should apply to all workers including the self-employed; calls on the Member States to fully and immediately implement the Council Recommendation on access to social protection for workers and self- employed, and to ensure
Amendment 244 #
Motion for a resolution Paragraph 9 9. Strongly believes that formal and effective coverage, adequacy and transparency of social protection systems should apply to all workers including the self-employed; calls on the Member States to fully and immediately implement the Council Recommendation on access to social protection for workers and self- employed, and to ensure that their national plans set out relevant measures to be taken address the social protection of platform workers; calls on the Commission to scrutinise Member States’ progress in this regard in the framework of the European Semester;
Amendment 245 #
Motion for a resolution Paragraph 9 9. Strongly believes that formal and effective coverage, adequacy and transparency of social protection systems should apply to all workers including the self-employed; calls on the Member States to fully and immediately implement the Council Recommendation of 13 March 2018 on access to social protection for workers and self-
Amendment 246 #
Motion for a resolution Paragraph 9 9. Strongly believes that formal and effective coverage, adequacy and transparency of social protection systems should apply to all workers, including the self-employed, in accordance with the relevant status established in the Member States; calls on the Member States to fully and immediately implement the Council Recommendation on access to social protection for workers and self-
Amendment 247 #
Motion for a resolution Paragraph 10 10. Recalls in particular the importance of creating options for extending social protection
Amendment 248 #
Motion for a resolution Paragraph 10 10. Recalls in particular the importance of the Member States extending social protection rights to self-employed platform workers, including people transitioning from one status to another or who have both statuses, for schemes covering maternity and equivalent parental benefits, and unemployment, sickness, healthcare and old-age benefits;
Amendment 249 #
Motion for a resolution Paragraph 10 10. Recalls in particular the importance of e
Amendment 25 #
Motion for a resolution Recital A a (new) Aa. whereas work through digital platforms poses a challenge that continuing technical training protocols and the humanities must keep pace with so that, in its respect for dignity, it may serve humankind and not be held captive to a technology that destroys its inherent creativity and personal freedom;
Amendment 250 #
Motion for a resolution Paragraph 10 10. Recalls in particular the importance of extending social protection rights to self-employed
Amendment 251 #
Motion for a resolution Paragraph 10 10. Recalls in particular the importance of extending social protection rights to self-employed platform-based workers, including people transitioning from one status to another or who have both statuses, for schemes covering maternity and equivalent parental benefits, and unemployment, sickness, healthcare and old-age benefits;
Amendment 252 #
Motion for a resolution Paragraph 10 10. Recalls in particular the importance of extending social protection rights to self-employed platform workers, including people transitioning from one status to another or who have both statuses, for schemes covering maternity and equivalent parental benefits, and unemployment, sickness, healthcare and old-age benefits; benefits, acknowledging the specifics of their working time, but not using working-time limitations as a reason of exemption from social coverage ;
Amendment 253 #
Motion for a resolution Paragraph 10 10. Recalls in particular the importance of extending social protection rights to self-employed platform workers, including people transitioning from one status to another or who have both statuses, for schemes covering maternity and equivalent parental benefits, and unemployment, sickness, healthcare and old-age benefits; stresses that platform workers face unique challenges in satisfying eligibility requirements and accumulating social security allowances, which in turn impacts the financial stability and solidarity of social security systems;
Amendment 254 #
Motion for a resolution Paragraph 10 a (new) 10a. Calls on the Commission, when preparing regulation proposals, to consider the general trends on the labour market and especially the trend towards working time flexibility, characteristic for platform work, but not limited to it, and address the social protection issues, arising from these trends, and especially the portability of accumulated social rights and entitlements; Underlines the need to regulate the use of advanced technologies in order to guarantee the cumulating and portability of social rights and entitlements.
Amendment 255 #
Motion for a resolution Subheading 5 (new) Give access to forms of representation and enabling collective bargaining rights (To be inserted before paragraph 11)
Amendment 256 #
Motion for a resolution Paragraph 11 11. Recognises that freedom of association and the right to collective bargaining are fundamental rights for all workers, and believes
Amendment 257 #
Motion for a resolution Paragraph 11 11. Recognises that freedom of association and the right to collective bargaining are
Amendment 258 #
Motion for a resolution Paragraph 11 11. Rec
Amendment 259 #
Motion for a resolution Paragraph 11 11. Recognises that freedom of association and the right to collective bargaining are fundamental rights for all workers, and believes
Amendment 26 #
Motion for a resolution Recital A a (new) Aa. whereas, according to the ILO, for more than 60% of platform workers, this work is their sole source of income, and yet many EU Member States obstinately continue to treat these professions as non- standard jobs, paving the way for exploitation, discrimination and poverty;
Amendment 260 #
Motion for a resolution Paragraph 11 11. Recognises that freedom of association and the right to collective bargaining are fundamental rights for all workers
Amendment 261 #
Motion for a resolution Paragraph 11 11. Recognises that freedom of association and the right to collective bargaining are fundamental rights for all workers, and believes a directive on platform workers should ensure that these rights are effective and enforced; notes that digital solutions can lead to more ease of association and new types of social dialogue and believes that platforms can lead the debate at European level on this issue given their innovative approaches to old problems, addressing the potential for imbalanced relationships between digital labour platforms and workers, who may lack the individual bargaining power to negotiate their terms and conditions; notes
Amendment 262 #
Motion for a resolution Paragraph 11 11. Recognises that freedom of association and the right to collective bargaining are fundamental rights for all workers, and believes a directive on platform workers should ensure that these rights are effective and enforced; notes the potential for imbalanced relationships between digital labour platforms and workers, who may lack the individual bargaining power to negotiate their terms and conditions; notes further that there are also practical issues such as a lack of common means of communication and opportunities to meet online or in person, which can prevent collective representation in practice;
Amendment 263 #
Motion for a resolution Paragraph 11 11. Recognises that freedom of
Amendment 264 #
Motion for a resolution Paragraph 11 11. Recognises that freedom of association and the right to collective bargaining are fundamental rights for all workers, and believes a directive on platform workers should ensure that these rights are effective and enforced; notes the
Amendment 265 #
Motion for a resolution Paragraph 11 11. Recognises that freedom of association and the right to collective bargaining are fundamental rights for all workers, and believes a directive on platform workers should ensure that these rights are effective, fully applied and enforced; notes the potential for imbalanced and asymmetrical relationships between digital labour platforms and workers, who may lack the individual bargaining power to negotiate
Amendment 266 #
Motion for a resolution Paragraph 11 11. Recognises that freedom of association and the right to collective bargaining are fundamental rights for all workers, and believes a directive on platform workers should ensure that these rights are effective fully applied and enforced; notes the potential for imbalanced and asymmetrical relationships between digital labour platforms and workers, who may lack the individual bargaining power to negotiate
Amendment 267 #
Motion for a resolution Paragraph 11 11. Recognises that freedom of association and the right to collective bargaining are fundamental rights for all workers, and believes a
Amendment 268 #
Motion for a resolution Paragraph 11 11. Recognises that freedom of association and the right to collective bargaining are fundamental rights for all workers, and believes a directive on platform workers should ensure that these rights are effective and enforced; notes the potential for imbalanced relationships between digital labour platforms and workers, who may lack the individual bargaining power to negotiate their terms and conditions; notes further that there are also practical issues such as a lack of common means of communication and opportunities to meet online or in person, which can prevent collective representation in practice; considers that platform workers are particularly exposed to psycho-social risks stemming from the lack of face-to-face contact with colleagues and isolation2a; calls on the Commission to address such impediments in its proposal; stresses the need for platform workers and platforms to be properly represented in order to facilitate social dialogue; __________________ 2aSmith R, Leberstein S. (2015), Rights on Demand: Ensuring Workplace Standards and Worker Security in the On- Demand Economy. New York, NY: NELP.
Amendment 269 #
Motion for a resolution Paragraph 11 11. Recognises that freedom of association and the right to collective bargaining are fundamental rights for all workers, and believes a directive on platform workers should ensure that these rights are effective, applied in full and enforced; notes the potential for imbalanced and asymmetrical relationships between digital labour platforms and workers, who may lack the individual bargaining power to negotiate their terms and conditions; notes further that there are also practical issues such as a lack of common means of communication and opportunities to meet online or in person, which can prevent collective representation in practice; calls on the Commission to address such impediments in its proposal; stresses the need for platform workers and platforms to be properly represented in order to facilitate social dialogue, collective bargaining and worker representation by trade unions;
Amendment 27 #
Motion for a resolution Recital A a (new) Aa. whereas platform work is not surveyed and included in statistics in many Member States, and it is therefore not possible to determine precisely or even approximately which group of workers is concerned and, even more so, to what extent;
Amendment 270 #
Motion for a resolution Paragraph 11 a (new) 11a. Underlines that the cooperative legal form could be an important tool for bottom-up organization of platform-based workers, which may also have a positive impact on internal democracy and workers’ empowerment;
Amendment 271 #
Motion for a resolution Paragraph 11 a (new) 11a. Underlines that the cooperative legal form could be an important tool for bottom-up organization of platform work, which may also have a positive impact on internal democracy and workers’ empowerment;
Amendment 272 #
Motion for a resolution Paragraph 11 a (new) 11a. Calls for social measures to be such that they do not hold back the entrepreneurial drive of business people and continue to generate services, jobs and wealth;
Amendment 273 #
Motion for a resolution Paragraph 12 12.
Amendment 274 #
Motion for a resolution Paragraph 12 12. Recalls that all workers have the fundamental right to exercise the freedom of association and collective bargaining; regrets the legal difficulties in collective representation faced by platform-based workers, and is aware that
Amendment 275 #
Motion for a resolution Paragraph 12 12. Regrets the legal difficulties in collective representation faced by platform workers, and is aware that the solo self- employed are wrongly considered ‘undertakings’, and as such are subject to the prohibition on agreements that restrict competition;
Amendment 276 #
Motion for a resolution Paragraph 12 12. Regrets the legal difficulties in collective representation faced by platform workers, and is aware that the solo self- employed are wrongly considered ‘undertakings’, and as such are subject to the prohibition on agreements that restrict competition;
Amendment 277 #
Motion for a resolution Paragraph 12 12. Regrets the legal difficulties in collective representation faced by platform workers, and is aware that the solo self- employed are wrongly considered ‘undertakings’, and as such are subject to the prohibition on agreements that restrict competition;
Amendment 278 #
Motion for a resolution Paragraph 12 12. Regrets the legal difficulties in collective representation faced by platform workers, and is aware that the solo self- employed are considered ‘undertakings’, and as such are subject to the prohibition on agreements that restrict competition;
Amendment 279 #
Motion for a resolution Paragraph 12 12. Regrets the legal difficulties in collective representation faced by platform workers, and is aware that the solo self- employed are generally considered ‘undertakings’, and as such are subject to the prohibition on agreements that restrict competition; welcomes in this regard the inception impact assessment published by the Commission16 , and the planned initiative to address this obstacle; is convinced that EU competition law must not hinder the improvement of the working conditions (including the setting of remuneration) and social protection of solo self-employed platform workers through collective bargaining; __________________ 16https://eur-lex.europa.eu/legal- content/EN/ALL/?uri=PI_COM%3AAres %282021%29102652
Amendment 28 #
Motion for a resolution Recital A a (new) Aa. whereas by no means can platform work be limited to person transport or food delivery, as it also consists of professional tasks, household tasks and micro-tasks.
Amendment 280 #
Motion for a resolution Paragraph 12 12. Regrets the legal difficulties in collective representation faced by platform workers, and is aware that the solo self- employed are considered ‘undertakings’, and as such are subject to the prohibition on agreements that restrict competition; welcomes in this regard the inception impact assessment published by the Commission16, and the planned initiative to address this obstacle; is convinced that EU competition law must not hinder the improvement of the working conditions (including the setting of remuneration) and social protection of solo self-employed
Amendment 281 #
Motion for a resolution Paragraph 12 a (new) 12a. Invites the Commission to reflect on whether and how a platform worker can move clients off the platform in case of changes to its terms of service;
Amendment 282 #
Motion for a resolution Paragraph 12 b (new) 12b. Strongly believes that the directive should foresee communication processes that ensure that platform operators respond to worker communications substantively and promptly;
Amendment 283 #
Motion for a resolution Subheading 6 (new) Training and skills (To be inserted before paragraph 13)
Amendment 284 #
Motion for a resolution Paragraph 13 13.
Amendment 285 #
Motion for a resolution Paragraph 13 13. Believes that
Amendment 286 #
Motion for a resolution Paragraph 13 13.
Amendment 287 #
Motion for a resolution Paragraph 13 13. Believes that
Amendment 288 #
Motion for a resolution Paragraph 13 13. Believes that basic training must be provided to platform workers by the platform at least on the use of their website
Amendment 289 #
Motion for a resolution Paragraph 13 13. Believes that basic training must be provided to platform workers by the platform at least on the use of their website or the application; believes further that platform workers, in particular less qualified workers, should be offered training enabling skilling and re-skilling to improve their employability and career paths; calls for the facilitation of the recognition, validation and portability of attainments in the field of non-formal and informal learning; believes in this regard that a ‘certificate of experience’ should be issued for platform workers who have participated in such training, which could be uploaded on individual learning accounts;
Amendment 29 #
Motion for a resolution Recital A b (new) Ab. whereas some categories of platform work do not require high education nor intensive trainings, creating the opportunity for young people neither in employment nor in education or training, as well as low skilled people to benefit from this and be integrated in the working field as long as they can obtain certification attesting this work experience;
Amendment 290 #
Motion for a resolution Paragraph 13 13. Believes that basic training must be provided to platform workers by the platform at least on the use of their website or the application; believes further that platform workers, in particular less qualified workers, should be offered training enabling skilling and re-skilling to improve their employability and career paths; calls for the facilitation of the recognition, validation and portability of attainments in the field of non-formal and informal learning; believes in this regard that a ‘certificate of experience’ should be issued for platform workers who have participated in such training, which could be uploaded on individual learning accounts; in this regard, calls on the Commission to address platform workers’ education and training in the forthcoming proposals on a European approach for micro-credentials and Individual learning accounts;
Amendment 291 #
Motion for a resolution Paragraph 13 13. Believes that basic training must be provided to platform workers by the platform at least on the use of their website or the application; as well as on applicable taxes, cross-border arrangements, business registration and social welfare implications and on dispute resolution mechanisms4a; believes further that platform workers, in particular less qualified workers, should be offered training enabling skilling and re-skilling to improve their employability and career paths; calls for the facilitation of the recognition, validation and portability of attainments in the field of non-formal and informal learning; believes in this regard that a ‘certificate of experience’ should be issued for platform workers who have participated in such training, which could be uploaded on individual learning accounts; __________________ 4aAdapted from Cedefop (2020). Developing and matching skills in the online platform economy: findings on new forms of digital work and learning from Cedefop’s CrowdLearn study. Luxembourg: Publications Office. Cedefop reference series; No 116.
Amendment 292 #
Motion for a resolution Paragraph 13 13. Believes that basic training must be provided to platform workers by the platform at least on the use of their website or the application, as well as occupational health and safety regulations; believes further that platform workers, in particular less qualified workers, should be offered training enabling skilling and re-skilling to improve their employability and career paths; calls for the facilitation of the recognition, validation and portability of attainments in the field of non-formal and informal learning; believes in this regard that a ‘certificate of experience’ should be issued for platform workers who have participated in such training, which could be uploaded on individual learning accounts;
Amendment 293 #
Motion for a resolution Paragraph 13 a (new) 13a. Underlines that digital competences are of the utmost importance for keeping up with the ongoing digitalisation of all aspects of life; calls on the Member States to adapt their education and training systems to the digital labour market, linking the world of education with the world of work, including fostering of entrepreneurship; points out that as job and skills profiles become more complex, new demands – especially regarding information and communications technology (ICT) skills – are being placed on training as well as on further education and lifelong learning with a view to promoting digital literacy;
Amendment 294 #
Motion for a resolution Paragraph 13 a (new) 13a. Highlights some strategic partnerships established by platforms to ensure access to training for platform workers (such as language courses, personalised coaching and video coaching) to enable them to take the next steps in their careers; believes such best practices should be mainstreamed across platforms in all sectors;
Amendment 295 #
Motion for a resolution Paragraph 13 b (new) 13b. Emphasises the importance of stronger synergies involving social partners and different educational and training institutions in order to bring teaching and study materials up to date and develop skills strategies; encourages Member States to include digital training in their school curricula from an early age; believes that investment in vocational education and lifelong learning is necessary to ensure that workers are equipped with the right skills for the digital age; stresses that education and training must be accessible for all workers; believes that new funding opportunities for lifelong learning and training are needed, especially for micro, small and medium enterprises;
Amendment 296 #
Motion for a resolution Paragraph 13 b (new) 13b. Believes that the training of algorithm developers in ethical, transparency, and anti-discriminatory issues should be encouraged;
Amendment 297 #
Motion for a resolution Paragraph 13 c (new) 13c. Highlights that the labour platform economy has flourished mainly so far in urban areas; calls on the Commission and the Member States to take action to combat the digital divide and guarantee access for everyone; stresses in this context the importance of deploying 5G broadband in rural areas in order to enable all regions and people to benefit from the potential of the platform economy, especially in terms of employment; calls on the Member States to strengthen financial and human resources to enable disadvantaged persons to acquire basic digital skills;
Amendment 298 #
Motion for a resolution Subheading 7 (new) Transparent, ethical and non- discriminatory algorithms - data management (To be inserted before paragraph 14)
Amendment 299 #
Motion for a resolution Paragraph 14 Amendment 3 #
Motion for a resolution Citation 25 a (new) – having regard to the ECJ case law14a on the development of a European definition of “worker” (as employee), __________________ 14aCase C-66/85 Deborah Lawrie Blum v Land Baden-Württemberg(3 July 1986); Case 75/63 Hoekstra (née Unger) v. Bestuur derBedrijfsvereniging voor Detailhandel en Ambachten (19 March 1964); CaseC-428/09 Union Syndicale Solidaires Isère v Premier ministre and Others (14October 2010); Case C-229/14 Ender Balkaya v Kiesel Abbruch- und RecyclingTechnik GmbH (9 July 2015); Case C-413/13 FNV Kunsten Informatie en Media vStaat der Nederlanden (4 December 2014); Case C-216/15 Betriebsrat derRuhrlandklinik gGmbH v Ruhrlandklinik gGmbH (17 November 2016)
Amendment 30 #
Motion for a resolution Recital A b (new) Ab. whereas there is no need for an ‘international governance system’ nor for joint European work to regulate work on digital platforms in accordance with the subsidiarity principle;
Amendment 300 #
Motion for a resolution Paragraph 14 14. Considers that
Amendment 301 #
Motion for a resolution Paragraph 14 14. Considers that platform workers should be entitled to transparent, non- discriminatory and ethical algorithms; believes that algorithm transparency should apply to task distribution, ratings and interactions, while respecting trade secrets, and that an intelligible explanation of the functioning of the algorithm on the way tasks are assigned, ratings are granted, the deactivation procedure and pricing should always be provided, as well as information in a clear and up-to-date manner on any significant changes to the algorithm; is of the opinion that ethical algorithm implies that all decisions are contestable and reversible, and that incentive practices or exceptional bonuses in particular should not lead to risky behaviours;
Amendment 302 #
Motion for a resolution Paragraph 14 14. Considers that platform
Amendment 303 #
Motion for a resolution Paragraph 14 14. Considers that
Amendment 304 #
Motion for a resolution Paragraph 14 14. Considers that platform workers should be entitled to transparent, non-
Amendment 305 #
Motion for a resolution Paragraph 14 14. Considers that platform workers should be entitled to transparent, non- discriminatory and ethical algorithms that avoid past discrepancies in the selection and treatment between different groups and do not build upon previous potential discriminatory practices; believes that algorithm transparency should apply to task distribution, ratings and interactions, while respecting trade secrets, and that an intelligible explanation of the functioning of the algorithm on the way tasks are assigned, ratings are granted, the deactivation procedure and pricing should always be provided, as well as information in a clear and up-to-date manner on any
Amendment 306 #
Motion for a resolution Paragraph 14 14. Considers that platform workers should be entitled to transparent, non- discriminatory and ethical algorithms; believes that algorithm transparency should apply to management functions, task distribution, ratings and interactions, while respecting trade secrets, and that an intelligible explanation of the functioning of the algorithm on the way tasks are assigned, ratings are granted, the deactivation procedure and pricing should always be provided, as well as information in a clear and up-to-date manner on any significant changes to the algorithm; is of the opinion that ethical algorithm implies that all and in particular algorithmic decisions are contestable and reversible, and human intervention guaranteed when needed, and that incentive practices or exceptional bonuses in particular should not lead to risky behaviours; is convinced that non-discriminatory algorithms are those which prevent gender and other social biases;
Amendment 307 #
Motion for a resolution Paragraph 14 14. Considers that platform workers should be entitled to transparent, non- discriminatory and ethical algorithms; believes that algorithm transparency should apply to management functions, task distribution, ratings and interactions, while respecting trade secrets, and that an intelligible explanation of the functioning of the algorithm on the way tasks are assigned, ratings are granted, the deactivation procedure and pricing should always be provided, as well as information in a clear and up-to-date manner on any significant changes to the algorithm; is of the opinion that ethical algorithm implies that all and in particular algorithmic decisions are contestable and reversible and human intervention guaranteed when needed, and that incentive practices or exceptional bonuses in particular should not lead to risky behaviours; is convinced that non-discriminatory algorithms are those which prevent gender and other social biases;
Amendment 308 #
Motion for a resolution Paragraph 14 14. Considers that platform workers should be entitled to transparent, non- discriminatory, trustworthy and ethical algorithms; believes that algorithm transparency should apply to task distribution, ratings and interactions, while respecting trade secrets, and that an intelligible explanation of the functioning of the algorithm on the way tasks are assigned, ratings are granted, the deactivation procedure and pricing should always be provided, as well as information in a clear and up-to-date manner on any significant changes to the algorithm; is of the opinion that trustworthy and ethical algorithm implies that all decisions are contestable and reversible, and that incentive practices or exceptional bonuses in particular should not lead to risky behaviours; is convinced that non- discriminatory algorithms are those which prevent gender and other social biases;
Amendment 309 #
Motion for a resolution Paragraph 14 a (new) 14a. Calls on the Commission and Member States to ensure appropriate protection of workers’ rights and well- being, such as non-discrimination, privacy, human dignity and protection against exploitation by employers in the use of AI and algorithmic management, including prediction and flagging tools to predict employees behaviour and identify or deter rule-breaking or fraud by workers, real-time monitoring of progress and performance and time tracking software, automated behavioural nudges, undue surveillance and decision-making by or based on AI; believes algorithmic management can assist employers in compromising on what constitutes work time, hence salary23a; __________________ 23a Workplace Monitoring & Surveillance, Data & Society, Mateescu, A., Nguyen, A., Explainer: February 2019.
Amendment 31 #
Motion for a resolution Recital A c (new) Ac. whereas platform work facilitates the access to the labour market through modern forms of employment and encourages the development of technologies in order to ease the use of platforms and bring closer both the companies and the consumers.
Amendment 310 #
Motion for a resolution Paragraph 14 a (new) 14a. Is concerned about the weak respect of intellectual property rights for creative works of self-employed platform- based workers and call on the Commission and the Member States to tackle this problem and ensure proper enforcement of applicable legislation;
Amendment 311 #
Motion for a resolution Paragraph 14 a (new) 14a. Considers that algorithms are modelled using data from the present or the past, a fact requiring a guarantee that, when a new social situation arises, these algorithms are trained again with up-to- date data using new information and social characteristics;
Amendment 312 #
Motion for a resolution Paragraph 14 a (new) 14a. Believes that workers should be informed of client reviews; stresses that workers should have the right to contest non-payment and to have that contestation reviewed by a platform employee;
Amendment 313 #
Motion for a resolution Paragraph 14 b (new) 14b. Urges the introduction of control methods in automated algorithms to ensure they continue to comply with ethical standards in order to preserve personal freedom and dignity with a view to the common good;
Amendment 314 #
Motion for a resolution Paragraph 14 b (new) 14b. Calls on the Commission and the Member States to ensure that waiting time and being available on the platform is working time for platform-based workers in an employment relationship;
Amendment 315 #
Motion for a resolution Paragraph 14 c (new) 14c. Warns that the generation even of ethical algorithms cannot be above the law, morality and customs;
Amendment 316 #
Motion for a resolution Paragraph 14 d (new) 14d. Reiterates the importance of any algorithm that generates patterns based on its reading of biometric recognition, facial micro-expressions or analysis, and that these must comply with ethical criteria and human rights to ensure there is no discrimination or manipulative behaviour;
Amendment 317 #
Motion for a resolution Paragraph 15 15. Recalls that all online platforms must ensure full compliance with EU legislation, including non-
Amendment 318 #
Motion for a resolution Paragraph 15 15. Recalls that all online platforms must ensure full compliance with EU non- discrimination and data protection law; believes further that platform workers should have access to all personal data concerning their own activities as provided in Article 20 of the GDPR, understand how their personal information is processed, and have the right to export their ratings; believes that the possibility of a portable worker skills, client feedback and reputation ratings certificate, recognised between similar platforms, should be explored; considers that measures should be put in place to prevent ratings from impacting working time;
Amendment 319 #
Motion for a resolution Paragraph 15 15. Recalls that all online platforms must ensure full compliance with EU non-
Amendment 32 #
Motion for a resolution Recital B B. whereas platform work has
Amendment 320 #
Motion for a resolution Paragraph 15 15. Recalls that all online platforms must ensure full compliance with EU non- discrimination and data protection law; believes further that platform workers should have access to all data concerning their own activities, understand how their personal information is processed, and have the right to export their ratings; believes that the possibility of a portable rating certificate, recognised between similar platforms, should be explored; believes that when necessary, and in accordance with the GDPR, workers’ representatives should be able to have access to personal data;
Amendment 321 #
Motion for a resolution Paragraph 15 15. Recalls that all online platforms must ensure full compliance with EU non- discrimination and data protection law; believes further that platform workers should have access to all data concerning their own activities, understand how their personal information is processed, and have the right to export their ratings; believes that the possibility of a portable rating certificate, recognised between similar platforms, should be explored; believes that workers’ representatives must have access to personal data, when needed and with the guarantees foreseen in the GDPR;
Amendment 322 #
Motion for a resolution Paragraph 15 15. Recalls that all online platforms must ensure full compliance with EU non- discrimination and data protection law; believes further that platform workers should have access to all data concerning their own activities, understand how their personal information is processed, and have the right to export or delete their ratings; believes that the possibility of a portable rating certificate, recognised between similar platforms, should be explored;
Amendment 323 #
Motion for a resolution Paragraph 15 a (new) 15a. Stresses that potential efficiency advantages of online labour platforms over the traditional labour market should be grounded in fair competition; stresses that with a view to ensuring a level playing field between the labour platform and traditional businesses, especially SMEs, the platform economy like any other economy, must pay taxes and social contributions and comply with employment and social legislation; underlines the need to adjust related policies accordingly where necessary;
Amendment 324 #
Motion for a resolution Paragraph 15 a (new) 15a. Condemns undue and abusive surveillance practices as well as the recourse to devices that reduce workers' autonomy for efficiency purposes; stresses that such practices are degrading and de- humanizing for the worker and can have negative effects on mental health; stresses that workers should always be informed and give their consent to the use of such devices and practices, and should have the right to object without consequences;
Amendment 325 #
Motion for a resolution Paragraph 15 a (new) 15a. Stresses that competition between unregulated global crowdworking platforms leads to a race to the bottom as regards working and employment conditions for platform-based workers, inside and outside the Union; urges the Commission to bring up this issue when discussing labour clauses in international trade agreements and to initiate a debate on the topic in international fora;
Amendment 326 #
Motion for a resolution Paragraph 15 a (new) 15a. Calls on the Commission, that platform workers and any similar form of employment, made possible by technological innovation, are included in the proposals for establishment of a European social security number (ESSN) and that fair mobility rules are applied to platform work in a non-discriminatory manner.
Amendment 327 #
Motion for a resolution Paragraph 15 a (new) 15a. Recalls that a considerable amount of platforms are working on implementing internal regulations and programs in order to create a more secure environment for their workers and considers that such practices must be encouraged by EU actions on the field;
Amendment 328 #
Motion for a resolution Paragraph 15 b (new) 15b. Recognises that the labour platform economy can be used for social purposes; calls on the Commission and the Member States to promote social economy models in the labour platform economy and to exchange best practices in this regard, given that social enterprises have proven to be resilient during times of the Covid-19 crisis;
Amendment 329 #
Motion for a resolution Paragraph 15 b (new) 15b. Calls on the Commission to take into account the innovation that online platforms bring into the labour market, to reflect these new forms of employment in the legal framework without losing the characteristic flexibility that platform workers and citizens need and seek;
Amendment 33 #
Motion for a resolution Recital B B. whereas platform work
Amendment 330 #
Motion for a resolution Paragraph 15 b (new) 15b. Calls on the Commission and the Member States to improve statistical information related to working and employment conditions related to platform-based work;
Amendment 331 #
Motion for a resolution Subheading 8 (new) Other recommendations (To be inserted before paragraph 16)
Amendment 332 #
Motion for a resolution Paragraph 16 Amendment 333 #
Motion for a resolution Paragraph 16 Amendment 334 #
Motion for a resolution Paragraph 16 Amendment 335 #
Motion for a resolution Paragraph 16 Amendment 336 #
Motion for a resolution Paragraph 16 16. Calls on the Commission to consider establishing a European quality label which would be granted to platforms implementing good practices for platform workers
Amendment 337 #
Motion for a resolution Paragraph 16 16.
Amendment 338 #
Motion for a resolution Paragraph 16 16. Calls on the
Amendment 339 #
Motion for a resolution Paragraph 16 a (new) 16a. Notes that data is still fragmented as to the quantity of platform workers, as well as their distribution by sector; calls on the Commission with the collaboration of the Member States to collect robust and comparable data on platform workers in order to get a more accurate idea of the scale of the platform economy and deepen the knowledge on social security coverage and the income of these workers;
Amendment 34 #
Motion for a resolution Recital B B. whereas platform work
Amendment 340 #
Motion for a resolution Paragraph 16 a (new) 16a. Calls on EU Member States to encourage innovative forms of work which guarantee quality working conditions and prohibit working relationships that lead to insecure working conditions, including non- standard contracts such as 'zero hours' contracts;
Amendment 341 #
Motion for a resolution Paragraph 16 a (new) 16a. Calls on the national public employment services and the EURES network to communicate better on the opportunities offered by the labour platforms;
Amendment 342 #
Motion for a resolution Paragraph 16 b (new) 16b. Calls on Member States to ensure that platform workers are able to refuse a work assignment if this takes place outside the reference hours and days or if they have not been informed of the work assignment within the agreed minimum period of notice, without suffering any adverse consequences as a result of their refusal;
Amendment 343 #
Motion for a resolution Paragraph 16 b (new) 16b. Notes that the remote nature of the platform work and the absence of a defined workplace can lead to subletting of workers' accounts and their use by undeclared workers; believes that reliable verification processes of the platform user's identity should be guaranteed;
Amendment 35 #
Motion for a resolution Recital B B. whereas platform work has also raised concerns about precariousness or poor working conditions,
Amendment 36 #
Motion for a resolution Recital B B. whereas platform work has also raised concerns about precariousness or poor working conditions,
Amendment 37 #
Motion for a resolution Recital B B. whereas platform work has also raised concerns about precariousness or poor working conditions, lack of access to adequate social protection, fragmented and unstable income, and a lack of occupational health and safety measures, and difficulty with regulating working hours, especially for lower-skilled on- location platform workers and workers performing micro-tasks, as highlighted during the COVID-19 crisis;
Amendment 38 #
Motion for a resolution Recital B B. whereas platform work has also raised concerns about precariousness or poor working conditions, lack of access to adequate social protection, fragmented and unstable income, rise of undeclared work and tax evasion, and a lack of occupational health and safety measures, especially for lower-skilled on-location platform workers and workers performing micro-tasks, as highlighted during the COVID-19 crisis;
Amendment 39 #
Motion for a resolution Recital B B. whereas platform work has also raised concerns about precariousness or poor working conditions, lack of access to adequate social protection, unfair competition, fragmented and unstable income, and a lack of occupational health and safety measures, especially for lower- skilled on-location platform workers and workers performing micro-tasks, as highlighted during the COVID-19 crisis;
Amendment 4 #
Motion for a resolution Citation 25 b (new) – having regard to the ECJ ruling on case C-434/15, Asociación Profesional Elite Taxiv Uber Systems Spain SL (20 December 2017),
Amendment 40 #
Motion for a resolution Recital B a (new) Ba. whereas platform workers are exposed to particular health and safety risks due to the characteristics of work they are performing and on-location platform workers have an increased risk of contracting Covid-19; whereas the road safety of platform workers in the transport and delivery sector, in particular cyclists as vulnerable road users, and the safety of other road users can be put in danger because of speed and efficiency pressure; whereas platform workers, in particular female drivers and women providing cleaning and care services in private residences, can have an increased risk of being victims of sexual harassment and violence and might refrain from reporting because of lack of reporting tools, no contact with a human manager or fear of bad ratings and loss of future work; whereas sexual harassment and violence are underreported in platform work;
Amendment 41 #
Motion for a resolution Recital B a (new) Ba. whereas platform work seems to reproduce gender inequalities from the broader labour market, such as the gender pay gap and gender segregation in occupations or sectors;1a __________________ 1aEuropean Institute for Gender Equality (EIGE). Gender Equality Index 2020. Digitisation and the future of work.
Amendment 42 #
Motion for a resolution Recital B a (new) Ba. whereas, in the light of recent court rulings on the reclassification of contracts for certain platform workers, it should be ensured that they have the appropriate status based on their activities and their link with their platform; whereas those workers must accordingly be able to enjoy in full their rights as self- employed persons or employees on the basis of either status;
Amendment 43 #
Motion for a resolution Recital B a (new) Ba. whereas the popularity of some platforms, in particular transport and food delivery, increased significantly during the pandemic, mainly because they provided access to certain services during a period of isolation; whereas more than 60 % of EU residents say that, even after the COVID-19 crisis, they do not intend to stop using online services, including, for instance, the possibility of ordering meals online1a; __________________ 1ahttps://www.dw.com/pl/ue-chce-lepiej- chroni%C4%87-pracuj%C4%85cych-za- po%C5%9Brednictwem-platform- cyfrowych/a-56676431
Amendment 44 #
Motion for a resolution Recital B a (new) Ba. whereas, if not tackled accordingly, the above mentioned risks might put in jeopardy the whole European model of Social Market Economy and the goals of the European Pillar of Social Rights; whereas, the technological progress might also provide the solutions for adaptation of the European Social model to the realities of the 21st century.
Amendment 45 #
Motion for a resolution Recital B a (new) Ba. whereas some platforms profit from low-cost labour, even letting irregular migrants use a large number of accounts and causing social dumping and unfair competition vis-à-vis other businesses;
Amendment 46 #
Motion for a resolution Recital B a (new) Ba. whereas the ‘casualisation’ of employment relationships is creating new forms of piecework that are creating a legion of new poor with extremely insecure prospects;
Amendment 47 #
Motion for a resolution Recital B a (new) Ba. whereas the benefits of digitalisation must be shared broadly and equitably between platforms, platform- based workers, clients and society at large;
Amendment 48 #
Motion for a resolution Recital B a (new) Amendment 49 #
Motion for a resolution Recital B b (new) Bb. whereas digital labour platforms use digital tools such as apps, algorithms and AI as part of their primary business model to match supply and demand and to manage their workers; whereas algorithmic management presents new challenges for the future of work, such as technology-enabled control and surveillance through prediction and flagging tools, remote real-time monitoring of progress and performance and time-tracking, automated behavioural nudges which can generate excessive speed and efficiency pressure for workers, track employees’ behavioural patterns, exacerbate discriminatory practices and entail significant risks for privacy, workers’ health and safety and human dignity16a; __________________ 16a Workplace Monitoring & Surveillance, Data & Society, Mateescu, A., Nguyen, A., Explainer: February 2019
Amendment 5 #
Motion for a resolution Citation 25 c (new) – having regard to the mission letter of Commissioner Nicolas Schmit and the 2021 Commission work programme,
Amendment 50 #
Motion for a resolution Recital B b (new) Bb. whereas platform work is a growing phenomenon since its emergence facilitated by the development of digital technologies in recent years; whereas, nevertheless, it still represents a small share of the general labour market, with an estimated 11% of EU’s workforce which have provided services via on- location or online labour platforms at least once and only 1,4% of them doing it as a main job;2a __________________ 2aEuropean Commission Joint Research Centre, Platform workers in Europe: Evidence from the COLLEEM survey (2018) and New evidence on platform workers in Europe: Results from the second COLLEEM survey (2020).
Amendment 51 #
Motion for a resolution Recital B c (new) Bc. whereas algorithmic management can create power imbalances and obscurity about decision-making and must be fully transparent in order for workers to effectively challenge these decisions; whereas a massive imbalance of information between platform workers and digital labour platforms exists;
Amendment 52 #
Motion for a resolution Recital B c (new) Bc. whereas there is a lack of European-wide data on platform work and data collection methodology varies across Member States; whereas however its continued growth in the labour market can be considered highly likely;
Amendment 53 #
Motion for a resolution Recital B d (new) Bd. whereas artificial intelligence trained or fed with biased datasets can exacerbate existing biases and systematically implement them in all its outcomes; whereas women and migrants have a higher risk of costumer rating bias;
Amendment 54 #
Motion for a resolution Recital B e (new) Be. whereas research shows that transportation network companies add to congestion, increase emission levels and reduce the use of public transport and active mobility in cities where they are operating, causing an increase in air pollution and CO2 emissions;17a __________________ 17a https://www.transportenvironment.org/ne ws/uber-and-lyft-increase-pollution-and- undermine-public-transport-study-shows
Amendment 55 #
Motion for a resolution Recital B f (new) Bf. whereas digital labour platforms globally generated revenue of at least US$52 billion in 2019; whereas about 70 per cent of the revenues generated were concentrated in just two countries, the United States (49 per cent) and China (22 per cent), while the share was much lower in Europe (11 per cent) and other regions (18 per cent);18a __________________ 18aILO, World Employment and Social Outlook 2021 ‘The role of digital labour platforms in transforming the world of work’, p. 20.
Amendment 56 #
Motion for a resolution Recital C C. whereas platform work covers different realities and is characterised by a high level of heterogeneity in the activities carried out; whereas there are different categories of platform work such as online or on-location, requiring a high or low level of skills, paid per task or per hour
Amendment 57 #
Motion for a resolution Recital C C. whereas platform work covers different realities and is characterised by a high level of heterogeneity in the activities carried out; whereas there are different categories of platform work such as online or on-location, requiring a high or low level of skills, paid per task or per hour, performed as a secondary or primary occupation, and that the profiles of platform workers and types of platforms vary widely;
Amendment 58 #
Motion for a resolution Recital C a (new) Amendment 59 #
Motion for a resolution Recital C a (new) Ca. whereas there are different types of platform work and what stands out is the decentralisation of tasks through the digital platforms to a multitude of workers, an aspect which can be characterised by depersonalisation of the service provider and competition among workers, which can lead to relationships being instrumentalised;
Amendment 6 #
Motion for a resolution Citation 39 a (new) – having regard to Eurofound’s ‘web repository of the platform economy',15a __________________ 15a https://www.eurofound.europa.eu/data/pla tform-economy
Amendment 60 #
Motion for a resolution Recital C a (new) Ca. whereas most platform workers have another job or other source of income; whereas platform workers tend to be low paid, but with a few relatively good incomes; whereas workers in the platform economy tend to be younger and more highly educated than the wider population1b; __________________ 1b The Social Protection of Workers in the Platform Economy https://www.europarl.europa.eu/RegData/ etudes/STUD/2017/614184/IPOL_STU(20 17)614184_EN.pdf
Amendment 61 #
Motion for a resolution Recital C b (new) Cb. whereas this form of service provision is not the one that typically defines the employment relationship because on-call work via an app (whether online or offline) requires the involvement, connection and coordination of three parties, namely: the service provider, the platform, and the client or user; whereas all this makes it essential that attention is paid to this characteristic of fragmentation and spatial, temporal and functional dispersion;
Amendment 62 #
Motion for a resolution Recital D D. whereas
Amendment 63 #
Motion for a resolution Recital D D. whereas p
Amendment 64 #
Motion for a resolution Recital D D. whereas
Amendment 65 #
Motion for a resolution Recital D D. whereas people working in the platform economy are
Amendment 66 #
Motion for a resolution Recital D D. whereas people working in the platform economy are generally classified as formally self-employed; whereas in reality matters are different; whereas, in their work, platform workers are in fact denied the basic rights of their self- employed status, such as to choose their customers or the conditions under which they perform their services; whereas, as such, these people do not benefit from the equivalent social, labour, health and safety protection that are connected to an employment contract in most countries;
Amendment 67 #
Motion for a resolution Recital D D. whereas people working in the platform economy are generally classified as formally self-employed and yet usually don't possess the levels of professional independence, characteristic for free- lancers and liberal professions; whereas, as such, these people do not benefit from the equivalent social, labour, health and safety protection that are connected to an employment contract or a registered liberal profession in most countries;
Amendment 68 #
Motion for a resolution Recital D D. whereas people working in the platform economy are generally classified as formally self-employed; whereas, as such, these people do not benefit from the equivalent social, labour, health and safety protection that are connected to an employment contract in most countries; whereas a smaller share of platform workers operate under the status of employee, agency worker or other flexible forms of employment;
Amendment 69 #
Motion for a resolution Recital D D. whereas people working in the platform economy are generally classified as formally self-employed; whereas, as such, these people do not benefit from the equivalent social, labour, health and safety protection that are connected to an employment contract in most countries and often the worker even has to pay office expenses;
Amendment 7 #
Motion for a resolution Citation 40 a (new) – having regard to the ILO report of 23 February 2021 entitled ‘World Employment and Social Outlook 2021: The role of digital labour platforms in transforming the world of work’,
Amendment 70 #
Motion for a resolution Recital D a (new) Da. whereas the use of algorithms and artificial intelligence decisions has become an important segment in the platform work industry, and the selection of workers should be under human oversight and not be affected by stereotypes related to gender, ethnical background or sexual orientation, avoiding as a consequence any risks of discrimination.
Amendment 71 #
Motion for a resolution Recital D a (new) Da. whereas the determination of employment relationships or employment contracts is governed by the laws of the individual Member States of the Union; whereas, exceptionally, the Union has competence only in respect of the free movement of workers or, in part, the equal treatment of workers, which requires a uniform application of the concept of worker;
Amendment 72 #
Motion for a resolution Recital D b (new) Db. whereas the legal form of the employment relationship or employment contract varies from country to country and is a matter of national competence; whereas the characteristics of employment which enable it to be recognised as an employment relationship vary greatly from one Member State to another, as is clearly shown by the extensive research carried out by the labour law representatives from those Member States1d; whereas persons working via online platforms could thus be considered as workers in the individual Member States and not throughout the Union; __________________ 1dRegulating the employment relationship in Europe: A guide to Recommendation No. 198, European Labour Law Network 2013
Amendment 73 #
Motion for a resolution Recital E Amendment 74 #
Motion for a resolution Recital E E. whereas the
Amendment 75 #
Motion for a resolution Recital E E. whereas the blurred distinction between workers and the self-employed often seen in platform work causes uncertainty as regards their rights, entitlements, and applicable rules
Amendment 76 #
Motion for a resolution Recital E E. whereas the
Amendment 77 #
Motion for a resolution Recital E E. whereas the
Amendment 78 #
Motion for a resolution Recital E E. whereas, in the absence of both national and European legislation, the blurred distinction between workers and the self-employed often seen in platform work causes uncertainty as regards their
Amendment 79 #
Motion for a resolution Recital E E. whereas the blurred distinction between workers and the self-employed often seen in platform work causes uncertainty as regards their rights, entitlements, and applicable rules
Amendment 8 #
Motion for a resolution Citation 41 a (new) – having regard to the ILO World Employment and Social Outlook 2021 - "The role of digital labour platforms in transforming the world of work",
Amendment 80 #
Motion for a resolution Recital E a (new) Ea. whereas the employment status of platform workers and lack of explicit mentioning thereof in legislation, in particular in the transportation and food delivery cases, has in recent years led to a high number of court cases across EU member states and the world; whereas the cases brought before the highest national courts and the European Court of Justice have led to outcomes confirming the employee status of platform workers based on different criteria to establish the existence of a relationship of subordination; whereas the Spanish Supreme Court regarding Glovo, the French and UK Supreme Court regarding Uber ruled in favour of employment; whereas the European Court of Justice has ruled in case C-434/15 that Uber is not merely an information society service, but a transportation service and thus has to comply with the EU transport aquis; whereas low-paid an precarious workers that often lack representation shouldn’t be obliged to access their rights through cumbersome court proceedings;
Amendment 81 #
Motion for a resolution Recital E a (new) Ea. whereas more and more sectors are likely to be impacted by platform work or similar employment patterns, thus further blurring the distinction between platform work, self-employment and traditional employment; whereas the trend towards remote working in many sectors, and especially online-based trade and services is unavoidable and favourable for many companies and workers; whereas the booming development of digital technologies predetermines many new and unpredictable opportunities for so-called non-standard forms of work and employment;
Amendment 82 #
Motion for a resolution Recital E a (new) Ea. whereas more and more sectors are likely to be impacted by platform work or similar employment patterns, thus further blurring the distinction between self-employment, false self-employment and traditional employment; whereas the trend towards remote working is growing in many sectors, with opportunities and risks for companies and workers; whereas the booming development of digital technologies creates many new and unpredictable opportunities and risks for so-called non-standard forms of work and employment;
Amendment 83 #
Motion for a resolution Recital E a (new) Ea. whereas new forms of work should remain sustainable and fair and platform work be guided by the values of the Union, ethics and a human-centric approach where digital technology remains a tool; whereas in this regard, equipping every European citizen with digital skills is paramount in the context of the digital transition;
Amendment 84 #
Motion for a resolution Recital E a (new) Ea. whereas rating mechanisms, often based on unclear algorithms, create disparities in how workers are treated and discriminate between them, to the detriment, in particular, of more vulnerable categories such as women, immigrants and persons with disabilities;
Amendment 85 #
Motion for a resolution Recital E a (new) Ea. whereas, unless a third way is found, the status of those workers should be clear and unambiguous so that, with all due transparency, they are aware of their employment rights and conditions;
Amendment 86 #
Motion for a resolution Recital E b (new) Eb. whereas four drivers have filed a case against Uber in the Amsterdam District Court for having been automatically fired by the algorithm without human oversight in violation of Article 22 GDPR, claiming they were wrongly accused of fraudulent activity through real-time algorithmic location tracking and that the company has not shared any evidence against the drivers justifying their dismissal from the platform;
Amendment 87 #
Motion for a resolution Recital E b (new) Eb. whereas the distorted relationship between internet multinationals and workers is, more often than not, so one- sided that multinationals can impose contracts unilaterally, without any form of trade union protection or collective bargaining;
Amendment 88 #
Motion for a resolution Recital E b (new) Eb. whereas platform work is a result of technological progress, providing workers, customers and employers with new opportunities and choices when it comes to place, time flexibility and frequency of their relations, including work and provision of services;
Amendment 89 #
Motion for a resolution Recital E b (new) Eb. whereas some businesses may also face unfair competition from platforms that fail to pay social security contributions commensurate with the status of their workers;
Amendment 9 #
Motion for a resolution Citation 41 a (new) – having regard to the ILO’s ‘Centenary Declaration for the Future of Work’ of 21 June 2019,
Amendment 90 #
Motion for a resolution Recital E c (new) Ec. whereas a high degree of flexibility is appreciated as one of the biggest advantages of platform work;
Amendment 91 #
Motion for a resolution Recital F F. whereas Member States have developed different approaches, leading to fragmented rules and initiatives; whereas there is a need for
Amendment 92 #
Motion for a resolution Recital F F. whereas Member States have developed different approaches, leading to fragmented rules and initiatives; whereas there is a need for legislative action at European level
Amendment 93 #
Motion for a resolution Recital F F. whereas Member States have developed different approaches, leading to fragmented rules and initiatives; whereas
Amendment 94 #
Motion for a resolution Recital F F. whereas Member States have developed different approaches or are not addressing the problems at all, leading to fragmented rules and initiatives; whereas there is a need for European level action to overcome the resulting legal uncertainty and
Amendment 95 #
Motion for a resolution Recital F F. whereas Member States have developed different approaches, leading to fragmented rules and initiatives; whereas there is a need for European level
Amendment 96 #
Motion for a resolution Recital F F. whereas Member States have developed different approaches, leading to fragmented rules and initiatives; whereas there is a need for a recommendation at European level
Amendment 97 #
Motion for a resolution Recital F F. whereas a growing number of judgments by European courts and administrative decisions find that digital platform workers are wrongly regarded as self-employed; whereas Member States have developed different approaches, leading to fragmented rules and initiatives; whereas there is a need for European level action to overcome the resulting legal uncertainty and improve platform workers’ rights;
Amendment 98 #
Motion for a resolution Recital F F. whereas Member States have developed different approaches, leading to fragmented rules and initiatives; whereas most platforms are active in several EU countries and are often not based in the country where the work takes place; whereas there is a need for European level action to overcome the resulting legal uncertainty
Amendment 99 #
Motion for a resolution Recital F F. whereas Member States have developed different approaches, leading to fragmented rules and initiatives; whereas there is a need for European level action to overcome the resulting legal uncertainty and improve platform workers’ rights and working conditions, maximise innovation potential of the platform work model, and level the playing field with ‘traditional’ economic actors;
source: 689.807
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