47 Amendments of Anthea McINTYRE related to 2015/2255(INI)
Amendment 5 #
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to Article 5 TEU, Article 56, 153(5) and 154 TFEU,
Amendment 18 #
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
- having regard to European platform to enhance cooperation in the prevention and deterrence of undeclared work,
Amendment 22 #
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
- having regard to the Eurofound Industrial Relations Dictionary1a, __________________ 1a https://www.eurofound.europa.eu/observa tories/eurwork/industrial-relations- dictionary
Amendment 24 #
Motion for a resolution
Citation 11 b (new)
Citation 11 b (new)
- having regard to the Commission's Better Regulation Agenda: Enhancing transparency and scrutiny for better EU law-making1a __________________ 1ahttp://europa.eu/rapid/press-release_IP- 15-4988_en.htm
Amendment 30 #
Motion for a resolution
Recital A
Recital A
A. having regard to the increased trend towardswhereas the nature and scale of undeclared work, and bogus self- employment, outsourcing and subcontracting, leading to an increase in precarious jobs and deteriorating levels of worker protection varies significantly between Member States,
Amendment 44 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas REFIT represents an important first step towards simplifying legislation and reducing administrative burdens of regulation for businesses and eliminating barriers to growth and job creation;
Amendment 56 #
Motion for a resolution
Recital B
Recital B
B. whereas on 15 July 2014 Jean-Claude Juncker, President of the Commission, undertook before Parliament to combat 'social dumping' and reiterated this commitment in his 2015 State of the Union address9 ,ensure that the Posting of Workers Directive is strictly implemented and to initiate a targeted review of the Directive; __________________ 9 http://europa.eu/rapid/press- release_SPEECH-15-5614_en.htm
Amendment 68 #
Motion for a resolution
Recital C
Recital C
C. whereas the Court of Justice of the European Union in its judgment in case C- 341/05 Laval of 18 December 200710 highlighted the legitimacy of the struggle against social dumping,right to take collective action against possible social dumping without undermining the freedom to provide services as enshrined in the Treaties; __________________ 10 http://curia.europa.eu/juris/showPdf.jsf?te xt=&docid=71925&pageIndex=0&doclang =EN&mode=lst&dir=&occ=first&part=1& cid=498309
Amendment 81 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas there is no clear, universally accepted definition of social dumping;
Amendment 93 #
Motion for a resolution
Recital D
Recital D
D. having regard to the importance of the principle of 'equal pay and social protection for the samewhereas the Commission is currently investigating ways to develop a formula introducing a principle of 'equal pay for equal work atin the same place' for all European workers,at EU level;
Amendment 106 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas introducing the principle of "equal pay for equal work in the same place" at EU level could impose a significant barrier to the proper functioning of the single market;
Amendment 122 #
Motion for a resolution
Recital D b (new)
Recital D b (new)
D b. whereas the setting of wages is a Member State competence;
Amendment 131 #
Motion for a resolution
Recital D b (new)
Recital D b (new)
D b. whereas according to Directive 96/71/EC Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 18 June 2016;
Amendment 142 #
Motion for a resolution
Subheading I
Subheading I
I. Reinforcing controls and coordination between and by Member States
Amendment 149 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to submit a proposal for a directive based onencourage Member States to take ILO Convention No. 81 on labour inspection into account when formulating their policies;
Amendment 165 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on Member States to increase the staffing levels and resources of their labour inspectorates and their liaison offices, in particular for interpretation and translationexchange best practice and to consider new innovative ways of developing an adaptable and flexible labour market to meet the challenges of a global economy while ensuring high labour standards for all workers;
Amendment 192 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for the creationon Member States in the context of athe European body of cross-border labour inspectPlatform for Undeclared Worsk to carry out on-the-spot checks in suspected cases of social dumping, including by identifying 'letterbox companies', which body would work in coordination with the platform against undeclared work in order to limit the financial burden involvedonsider ways to step up efforts for the exchange of information in order to curb undeclared work and fraud while recognising the importance of data protection and the special status of tax information;
Amendment 225 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls for the implementation by Member States ofon Member States in the context of better regulation to make electronic systems available for the registration of the prior declaration of posting missions;
Amendment 237 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to submit a proposal for a directive based Notes the Council decision authorising Member States to ratify, for the parts falling within the competence of the EU, International Labour Organisation (ILO) Convention No. 189 concerning decent work for domestic workers; Stresses that the EU cannot itself ratify any ILO Convention, as this is the preserve of individual Member States;
Amendment 249 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Takes the view that the competent authorities should be able to suspend theHighlights the importance of provisions of services in cases of serious breaches of legislation on postings; considers that the amount of the fines should exceed employees' contributionthe Enforcement Directive 2014/67/EU on the cross-border enforcement of financial administrative penalties and/or fines which will safeguard against unfair competition and help eliminate breaches of the legislation by employers;
Amendment 262 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Stresses the importance of ensuring that such safeguards do not amount to barriers for genuine businesses and workers doing business in another Member State;
Amendment 263 #
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 280 #
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 294 #
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 309 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Highlights that the freedom to provide services is central to the proper functioning of the single market; recognises at the same time that safeguards against unfair competition and protections for vulnerable workers are necessary and support the functioning of the single market; stresses however, that such safeguards must be proportionate and respect the principle of subsidiarity;
Amendment 320 #
Motion for a resolution
Subheading II
Subheading II
II. Addressing regulatory gaps in order to implement the principle of 'equal pay and equal social protection for the same work'and improving enforcement and coordination between Member States
Amendment 323 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to combat the phenomenon of letterbox companies by applying more generally the principle that each company should have a single corporate headquarters; recalls the rejection by the Committee on Eeffectively monitor the on-going imployement and Social Affairs of the proposal for a directive on single-person limited liability companiation of Directive 2014/67 EU by the Member States;
Amendment 342 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Firmly believes that a revision of the posting of workers directive in advance of the transposition of Directive 2014/67/EU will not only create legal uncertainty for businesses but will also have a negative effective on growth and job creation;
Amendment 350 #
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 364 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the notionsetting of 'minimum wages' contained in Directive 96/71/EC should be revised to ensure equal pay for posted workers and local workers in similar positions; stresses the need to respect the collective agreements of the host country and to ensure, through the revision of Regulations (EC) No 883/2004 and (EC) No 987/2009, the payment of gross earnings corresponding to the remuneration paid by the employer before the deduction of taxes and social security contributions payable by employees and withheld by this a Member States competence; stresses that introducing the notion of equal pay for equal work in the same place at EU level will have significant unintended consequences and undermine Memployer; recalls that specific postings bonuses should be paid on top of remunerationber States economic and social models;
Amendment 391 #
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 430 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for increased controls on the implementation of working time and rest times in transport; calls for the introduction of automatic digital records and the development of 'smart tachographs' for all means of transport, including inland waterway transport; recalls the desire expproper and efficient, non- discriminatory enforcement of the existing legislation to ensure uniform interpretation, and incresased in its resolution of 3 July 2012 on road transport that 'by 2020 all vehicles which are not exempted from the application of this Regulation in accordance with paragraphs 2 and 3 shall be fitted with a smart tachograph'12 controls on the implementation of working time and rest times in transport; __________________ 12 www.europarl.europa.eu/sides/getDoc.do? type=TA&reference=P7-TA-2012- 0271&language=EN&ring=A7-2012- 0195#BKMD-7
Amendment 452 #
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 468 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Asks the Commission to clarify the provisions so that a distinction can be drawnbroker an exchange of views between Memployees and self- employed wber States in orkders to combat 'bogus self employment'; emphasises that airline pilots and train drivers cannot be considered to be independent of the companies for which they work;
Amendment 491 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Believes that the rules on cabotage are not sufficiently precise, which facilitates the practice of some road operators of engaging in permanent cabotage; wishes cabotage operations to be subject to mandatory prior notificatio and therefore should be simplified and clarified in order to improve compliance without increasing the administrative burden;
Amendment 513 #
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 531 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on Member States to review their laws to eliminate precarious contracts called 'zero hour contracts' or 'pay to fly contracts'; believes that pHighlights the role of the European Aviation Safety Agency in ensuring that the maximum flying hours and health and safety regulations are fully respected and complied with recgarious working conditions are an additional safety riskdless of the employment contract;
Amendment 543 #
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 566 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission rapidly to draw up proposals to combat unfair competition inMember States and the Commission to take the necessary measures to combat unfair competition while at the same time creating an open, flexible market with a regulatory framework that reflects the dynamic nature of the digital and sharing economy;
Amendment 592 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Takes the view that a social protocol is necessary to ensure the primacy of fundamental rights over economic freedomsthe establishment of an internal market in which the free movement of goods, persons, services and capital is ensured is an essential objective of the Union;
Amendment 604 #
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Highlights the Five Presidents' Report which recognises in the context of the convergence process that there is no "one-size-fits-all" template;
Amendment 613 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. RecallNotes the Commission's commitmentintention to proposinge a basis of minimum social rights; emphasises that the establishment of criteria for comparing the various national social systems cannot provide such a basis, but can only serve as a preliminary analytical framework by increasing the use of benchmarking and best practice;
Amendment 624 #
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 657 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. Supports the development of unemployment benefit arrangements as a mechanism for absorbing asymmetric social shocks within the euro areaexchange of best practice between Member States on the development of unemployment benefit arrangements; stresses that the provision and management of social security systems is a Member State competence and are diversely structured which the Union coordinates but does not harmonise;
Amendment 671 #
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls on the Commission to propose aMember States together with the Commission to consider the need for taking action at EU legavel instrument line with the principle of subsidiarity to address the cross- border dimensions of outsourcing, extending the joint and several liability of the payer to include all economic sectors and the en; highlights in the regard the benefits of non-legislatirve subcontracting chaininitiatives;
Amendment 678 #
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the Commission to propose an appropriate legislative vehicle providing that companies have a duty of care for which they may be held liable, in respect of both their subsidiaries that their subcontractors operating in third countries in order to prevent the risk of violations of human rights, corruption, severe physical injury or environmental damage and the violation ofMember States and the Commission where appropriate to consider the social and economic arguments in favour of ratifying and implementing ILO Conventions;
Amendment 690 #
Motion for a resolution
Paragraph 29
Paragraph 29