2019/2186(INI) Fair working conditions, rights and social protection for platform workers - New forms of employment linked to digital development
Next event: Vote scheduled in committee, 1st reading/single reading 2021/07/14 more...
Lead committee dossier:
Next event: Vote scheduled in committee, 1st reading/single reading 2021/07/14 more...
- Amendments tabled in committee 2021/03/25
Progress: Awaiting committee decision
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) | Tilly METZ ( Verts/ALE), Leila CHAIBI ( GUE/NGL) |
Lead committee dossier:
Legal Basis:
RoP 54
Legal Basis:
RoP 54Subjects
Events
2021/07/14
Vote scheduled in committee, 1st reading/single reading
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, 1st reading/single reading
Documents
Activities
- Krzysztof HETMAN
Plenary Speeches (0)
- Johan DANIELSSON
Plenary Speeches (0)
- Manuel PIZARRO
Plenary Speeches (0)
- Véronique TRILLET-LENOIR
Plenary Speeches (0)
Amendments | Dossier |
141 |
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
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