36 Amendments of Elena GENTILE related to 2016/2221(INI)
Amendment 22 #
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
– having regard to Directive 2006/54/EC on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation,
Amendment 24 #
Motion for a resolution
Citation 13 b (new)
Citation 13 b (new)
– having regard to the Directive on Temporary Agency Work (2008/104/EC),
Amendment 25 #
Motion for a resolution
Citation 13 c (new)
Citation 13 c (new)
– having regard to the targeted revision of the Posting of Workers Directive (1996/71/EC) and the Enforcement Directive (2014/67/EC),
Amendment 26 #
Motion for a resolution
Citation 13 d (new)
Citation 13 d (new)
– having regard to the report on the proposal for a decision of the European Parliament and of the Council on establishing a European Platform to enhance cooperation in the prevention and deterrence of undeclared work (COM(2014)0221 – C7-0144/2014 – 2014/0124(COD)),
Amendment 27 #
Motion for a resolution
Citation 13 e (new)
Citation 13 e (new)
– having regard to EESC opinion: The changing nature of employment relationships and its impact on maintaining a living wage1a, __________________ 1ahttp://eur-lex.europa.eu/legal- content/EN/TXT/?uri=uriserv:OJ.C_.201 6.303.01.0054.01.ENG&toc=OJ:C:2016:3 03:TOC
Amendment 28 #
Motion for a resolution
Citation 13 f (new)
Citation 13 f (new)
– having regard to ILO “Employment Relationship Recommendation, 2006 (No. 198)” to determine the existence of an employment relationship:”,
Amendment 29 #
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas there is no common definition of precarious employment so far;
Amendment 30 #
Motion for a resolution
Recital -A a (new)
Recital -A a (new)
Amendment 42 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas some sectors such as agriculture, construction and art are disproportionately affected by precarious employment; whereas precarious employment has also spread to other sectors in recent years such as the aviation and hotel industry;
Amendment 80 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas precarious work leads to market segmentation and exacerbates wages inequalities;
Amendment 82 #
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas atypical employment doesn’t necessarily have a positive effect on work-life balance due to wages and working time’s irregularity; whereas atypical employment has long term consequences on pensions;
Amendment 83 #
Motion for a resolution
Recital D c (new)
Recital D c (new)
Amendment 87 #
Motion for a resolution
Subheading 1
Subheading 1
I. Towards a definition of decent workprecarious employment
Amendment 96 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Understands standard employment to mean full-time, regular employment on the basis of open-ended contracts in a subordinate employment relationship, and non- standard or atypical forms of employment to include, i.a., marginal or involuntary part-time work, temporary agency work, fixed-term contract work, zero-hour contracts, unpaid internships that are not part of an education programme, and informal or undeclared work;
Amendment 116 #
Motion for a resolution
Paragraph 2 – introductory part
Paragraph 2 – introductory part
2. Understands precarious workemployment to mean, as a minimum definition, a non- standard, atypical form of employment having any of the following characteristics:
Amendment 122 #
Motion for a resolution
Paragraph 2 – indent 1
Paragraph 2 – indent 1
- little or no job security owing to the non-permanent nature of the work, as in some fixed-term contracts, involuntary and often marginal part-time contracts, contracts containing poor conditions, unwritten contracts, unclear working hours, and duties that change owing to work on demandor owing to the lack of sufficient social protection in case of dismissal;
Amendment 132 #
Motion for a resolution
Paragraph 2 – indent 2
Paragraph 2 – indent 2
- low remuneration, which may even be unofficial or unclearnot contractually agreed; or no remuneration in the case of unpaid internships and traineeships;
Amendment 143 #
Motion for a resolution
Paragraph 2 – indent 4
Paragraph 2 – indent 4
Amendment 149 #
Motion for a resolution
Paragraph 2 – indent 5
Paragraph 2 – indent 5
- limited or no prospects for advancement in the labour market with regards to skills development;
Amendment 208 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that social protection, and protection by collective agreements and collective bargaining, should be available to all workers; calls on the Commission and the Member States to guarantee effective protection for workers who perform work in the context of an employment relationship, and a comprehensive policy response that includes policies towards reducing and ultimately eradicating precarious work; calls for policies that empower workers by strengthening social dialogue and promoting the extension of collective bargaining, ensuring that all workers can access and exercise their right to associate, and to bargain collectively, freely and without fear; is concerned that the right of association of platform workers could be undermined if they are regarded as self- employed as collective bargaining could be regarded as forming a cartel, which could put them in conflict with EU rules on anti-competitive practices; underlines in this context the need to adjust European and national competition law accordingly;
Amendment 240 #
Motion for a resolution
Subheading 2
Subheading 2
II. ProposalsAdjusting policies to new forms of employment
Amendment 241 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission and the Member States to combat non-standard, atypical and precarious forms of employment, in line with the ILO Decent Work Agenda and the European Social Charter; calls in particular on Member States to ban forms of on-demand employment that do not allow for decent living such as zero-hours contracts;
Amendment 257 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the Commission and the Member States to take into account the gender perspective on precarious employment;
Amendment 260 #
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Calls for the Commission to assess new forms of employment driven by digitalisation, calls especially for an assessment of the legal status of labour market intermediaries and online platforms and of their liability; calls on the Commission to revise the Written Statement Directive to take into account new forms of employment;
Amendment 261 #
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Notes that boundaries for employment relationships are blurred, calls on the Member States to take into account the following ILO indicators to determine the existence of an employment relationship: – the work is carried out according to the instructions and under the control of another party; – it involves the integration of the worker in the organization of the enterprise; – it is performed solely or mainly for the benefit of another person; – it must be carried out personally by the worker; – it is carried out within specific working hours or at a workplace specified or agreed by the party requesting the work; – it is of a particular duration and has a certain continuity; – it requires the worker’s availability; or involves the provision of tools, materials and machinery by the party requesting the work; – a periodic payment of remuneration is made to the worker and constitutes the his sole or principal source of income and the provision of payment in kind, such as food, lodging or transport; – the worker has entitlements such as weekly rest and annual holidays;
Amendment 262 #
Motion for a resolution
Paragraph 9 d (new)
Paragraph 9 d (new)
9d. Calls on the Member States to adapt their welfare models to ensure the coverage of workers in atypical forms of employment; calls on the Commission and the Member States to assess whether basic income schemes could be an appropriate answer to changing work relationships;
Amendment 263 #
Motion for a resolution
Paragraph 9 e (new)
Paragraph 9 e (new)
9e. Stresses that the development of new or precarious forms of employment may result in a decline in tax revenues; calls Member States to assess the need for more appropriate taxation in order to ensure fair levels of taxation for economic activities; calls on the Commission to assess the impact of new forms of employment in social security and pensions;
Amendment 264 #
Motion for a resolution
Paragraph 9 f (new)
Paragraph 9 f (new)
9f. Calls for the Commission to proceed with its targeted review of the Posting of workers directive and to review the Agency Workers Directive to ensure fundamental social rights for all workers including equal pay for equal work at the same location;
Amendment 275 #
Motion for a resolution
Paragraph 10 – subparagraph 1 (new)
Paragraph 10 – subparagraph 1 (new)
III. Ensuring decent working conditions
Amendment 278 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Stresses the need to tackle undeclared work, as undeclared work decreases tax and social security revenues and creates precarious and poor working conditions and unfair competition between workers; welcomes the creation of a European Platform to enhance cooperation in the prevention and deterrence of undeclared work;
Amendment 289 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Recalls that according to the Charter of Fundamental Rights of the European Union and the Working Time Directive 2003/88/EC, every worker has the right to limitation of maximum working hours, to daily and weekly rest periods and to an annual period of paid leave; stresses the need to ensure that those rights apply to all workers including on-demand workers, workers in marginal part-time employment and crowd workers; recalls that the Working Time Directive is a health and safety measure; calls for the enforcement of ECJ decisions confirming that on-call time in the workplace is working time and must be followed by compensatory rest;
Amendment 292 #
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Calls on the Commission to swiftly review health and safety legislation under REFIT and to consider proposing new legislation to ensure a better protection of workers in the workplace, including legislation on work related musculoskeletal disorders, a Directive to ensure that ‘terminal illness’ becomes a protected characteristic, specific provisions on healthcare workers’ exposure to hazardous drugs, an asbestos register with a realistic timetable for removal and further protection against medical sharps injuries for all workers at risk;
Amendment 294 #
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Recalls that according to the Charter of Fundamental Rights of the European Union, everyone has the right to have access to vocational training and life-long learning; calls on the Member States to ensure that vocational and continuing training are also available to workers in atypical employment relationships; recalls that up-skilling measures are particularly important in a fast changing digital economy; recalls that skills shortage and mismatches participate to high unemployment levels; welcomes recent initiatives to tackle skills shortage;
Amendment 295 #
Motion for a resolution
Paragraph 11 d (new)
Paragraph 11 d (new)
11d. Calls for a Skills Guarantee as a new right for everyone, at every stage of life, to acquire fundamental skills for the 21st century, including literacy, numeracy, digital and media literacy, critical thinking, social skills and relevant skills needed for the green and circular economy, taking into account emerging industries and key growth sectors and ensuring full outreach to people in disadvantaged situations, including those with disabilities, asylum-seekers, long- term unemployed people and underrepresented groups; stresses that education systems should be inclusive, providing good-quality education to the whole population, enabling people to be active European citizens, preparing them to be able to learn and adapt throughout their lives and responding to societal and labour market needs;
Amendment 296 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that the policies of the Member States should be formulated and implemented in accordance with national law and practice, in consultation with, and without prejudice, the most representative organisations of employers and workers;
Amendment 306 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission and the Member States to ensure effective protection to workers especially affected by uncertainty and precariousnessprecarious employment, giving special priority to women workers, young workers, older workers, workers in the informal economy, migrant workers and workers with disabilities; calls on the Commission to assess whether Directive 2006/54/EC on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation is suited for new forms of employment;