10 Amendments of Ondřej KOVAŘÍK related to 2021/0414(COD)
Amendment 24 #
Proposal for a directive
Recital 4
Recital 4
(4) Digitalisation is changing the world of work, improving productivity and enhancing flexibility, while alsocreating new employment and business opportunities, particularly in the context of the COVID- 19 pandemic, as well as increasing consumers’ choice while also potentially carrying some risks for employment and working conditions. Algorithm-based technologies, including automated monitoring and decision-making systems, have enabled the emergence and growth of digital labour platforms.
Amendment 27 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) 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 benefit considerably multimodality and reduces congestion in urban and sub-urban areas, saving time and efforts for consumers and enhancing the competitiveness of the related businesses
Amendment 37 #
Proposal for a directive
Recital 6
Recital 6
(6) Platform work can provide opportunities for accessing the labour market more easily, gaining additional income through a secondary activity or enjoying some flexibility in the organisation of working time. In this regard, platform economy has become an integral and rapidly growing part of the European transport and tourism sectors, providing new business models, talent and work opportunities. At the same time, platform work brings challenges, as it can blur the boundaries between employment relationship and self- employed activity, and the responsibilities of employers and workers. Misclassification of the employment status has consequences for the persons affected, as it is likely to restrict access to existing labour and social rights. It also leads to an uneven playing field with respect to businesses that classify their workers correctly, and it has implications for Member States’ industrial relations systems, their tax base and the coverage and sustainability of their social protection systems. While such challenges are broader than platform work, they are particularly acute and pressing in the platform economy.
Amendment 56 #
Proposal for a directive
Recital 17
Recital 17
(17) This Directive should apply to all digital labour platforms, irrespective of their place of establishment and irrespective of the law otherwise applicable, provided that the platform work organised through that digital labour platform is performed in the Union. A targeted set of mandatory rules should be established at Union level to ensure minimum rights on working conditions in platform work while ensuring legal certainty and predictability for the most concerned sectors, such as in the fields of transport and tourism .
Amendment 102 #
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. The contractual relationship between a digital labour platform that controls, within the meaning of paragraph 2, the performance of work and a person performing platform work through that platform shall be legally presumed to be an employment relationship. To that effect, Member States shall establish a framework of measures, in accordance with their national legal and judicial systems, in order to ensure that the legal presumption can be relied upon by competent authorities verifying compliance with or enforcing relevant legislation as well as persons performing platform work who dispute the classification of their employment status.
Amendment 119 #
Proposal for a directive
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) requiring the person performing platform work to respect specific binding rules with regard to appearance, conduct towards the recipient of the service or performance of the work beyond what is required by law or necessary to safeguard the health and safety of the recipients of the service or to ensure the essential functioning of the service;;
Amendment 121 #
Proposal for a directive
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) closely supervising the performance of work or thoroughly verifying the quality of the results of the work including by electronic means beyond what is required by law or necessary to safeguard the health and safety of the recipients of the service or to ensure the essential functioning of the service;
Amendment 131 #
Proposal for a directive
Article 4 – paragraph 3 – introductory part
Article 4 – paragraph 3 – introductory part
3. Member States shall take supporting measures to ensure the effective implementation of the legal presumption referred to in paragraph 1 while taking into account the impact on entrepreneurs and start-ups, avoiding capturing the genuine self-employed and supporting the conditions for innovation and the sustainable growth of digital labour platforms. In particular they shall:
Amendment 139 #
Proposal for a directive
Article 4 – paragraph 3 – point c
Article 4 – paragraph 3 – point c
(c) develop guidancecapacity building guidance, training for enforcement authorities to proactively target and pursue non-compliant digital labour platforms;
Amendment 143 #
Proposal for a directive
Article 4 – paragraph 3 – point d a (new)
Article 4 – paragraph 3 – point d a (new)
(da) (da) develop a consultation mechanism under which persons performing platform work or digital labour platforms can request the relevant authorities to pre-emptively assess, verify and justify the employment status of persons performing platform work on the basis of the control of the performance of work within the meaning of paragraph 2.