41 Amendments of Elena GENTILE related to 2017/2003(INI)
Amendment 12 #
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas the rates of self- employment (2006: 3.7%, 2016: 5,6%) and the proportion of workers taking up second jobs (2002: 3.6%, 2016: 4,2%) are on the rise in the EU;
Amendment 15 #
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas European labour markets are rapidly evolving towards 'atypical' or 'non-standard' forms of employment, such as temporary work, part-time work, casual work, seasonal work, on-demand work or work on online platforms, which show many features of employment but do not bring the benefits normally associated with employment;
Amendment 21 #
Draft opinion
Recital A c (new)
Recital A c (new)
Ac. whereas non-standard forms of employment often involve economic insecurity and bad working conditions, notably in terms of lower and less certain incomes, lack of possibilities to defend one's rights, lack of social and health insurance, lack of career prospects, and difficulties in reconciling on-demand work with private and family life;
Amendment 24 #
Draft opinion
Recital A d (new)
Recital A d (new)
Ad. whereas promoting social justice and protection, as defined in Article 3 TEU and Article 9 TFEU, are also objectives of the EU internal market;
Amendment 27 #
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Introduction
Amendment 28 #
-1a. Notes that there is no common definition of the digital economy based on online platforms ('platform economy', 'collaborative economy', 'sharing economy' etc.); points out that the use of the terminology 'platform economy' seems to be the most objective description and calls on the Commission to ensure the usage of coherent terminology;
Amendment 30 #
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses the need for a clear distinction between ‘profession'commercial’' and ‘'non-professional’ platforms andcommercial' platforms as well as between professional and occasional users/workers; underlines the importance to recognise remunerated activities in the platform economy that are properly categorised as ‘'work’' regardless of the terminology ('gigs', 'tasks', 'giving rides' etc.);
Amendment 37 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Employment relationships
Amendment 42 #
Draft opinion
Paragraph 2
Paragraph 2
2. States that all workers in the platform economy are either employed or self-employed based on the primacy of facts; recalls ingardless of how thise context that the Court of Justice has defined the concept of ‘worker’ on the basis of an employment relationship characterised by certain criteria such as subordination, remuneration and the nature of workractual relationship is defined; highlights that all work in the platform economy should be classified accordingly;
Amendment 51 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
Amendment 54 #
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls on the Commission and the Member States to increase its efforts to tackle bogus self-employment; notes that there are cases where self-employed platform workers meet the ECJ criteria defining an employment relationship, and which should therefore be classified as employees; calls on the Commission and the Member States to work towards a common definition of self-employed which also applies to the platform economy;
Amendment 61 #
Draft opinion
Paragraph 3
Paragraph 3
3. CallReiterates its call in the framework of the European Pillar of Social Rights for a framework directive on decent working conditions including in the platform economy, in order to guarantedefine the legal situation of platform workers and to ensure, in line with national law and practice, that all platform workers have the same social and employment rights ands well as health and safety protection as workers in the traditional economy; underlines the importance of such a directive, taking into account the mobility and delocalisation of digital work, with regard to the creation of a level playing field;
Amendment 75 #
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines the needCalls on the Member States to ensure adequate social security for self- employed workers, who are key players in the digital labour market; stresses that freedom of association and collective action are fundamental rights which must apply to all workers;
Amendment 82 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Notes that the platform economy, offers new opportunities for people to earn an additional income, for the employment of young people (in particular those seeking casual work and flexible forms of employment allowing them to combine work with study), for the better reconciliation of work and private life, and for the reduction of underemployment and unemployment; points out, however, that, in some circumstances, this development can also lead to precarious situations; stresses that flexible employment must be covered by existing health and safety provisions, as well as by social protection measures, in order to avoid long-term social and financial implications, and must exclude potential risks such as worker overload and pay levels that are not commensurate with performance; highlights, therefore, the need for labour market flexibility, on the one hand, and for economic and social security for workers on the other; stresses that reducing costs should not undermine working conditions or employment standards;
Amendment 85 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Collective bargaining and competition law
Amendment 86 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Stresses that freedom of association and collective action are fundamental rights which must apply to all workers; is concerned that the right of workers to freely associate may be called to question if they are regarded as self- employed and 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; urges the Commission to exclude individual platform workers from anti-cartel-measures; calls on the Commission, the Member States and the social partners to increase collective bargain coverage, union density and to empower workers in the platform economy to bargain;
Amendment 87 #
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Level playing field
Amendment 88 #
Draft opinion
Paragraph 5
Paragraph 5
5. Calls fon the Commission and the Member States to gather more reliable data on jobs and working conditions in the platform economy and for the adjustment of related policies to create a level playing field between the platform and traditional economie; calls on the Commission, the Member States and social partners to provide adequate information to workers on working conditions and workers' rights throughout the supply-chain of online platforms;
Amendment 101 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that possible efficiency advantages of the online platforms over the traditional economy should not rely on wage dumping and unfair competition; calls therefore for the adjustment of related policies to create a level playing field between the platform and traditional economies;
Amendment 105 #
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
Amendment 106 #
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Calls on the Commission and the Member States to ensure that all mandatory contributions are paid for all forms of work and examine to what extent social security systems have to be adjusted to provide appropriate protection for platform workers; calls on the Commission and the Member States to ensure the portability and accumulation of social security entitlements;
Amendment 108 #
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Calls on the Commission to examine in how far existing EU regulations are applicable to the digital labour market and ensure the adequate implementation and enforcement; calls on the Commission and the Member States to assess the need for the modernisation of existing legislation to stay abreast of such changes and to encourage social partners to update collective agreements where necessary so that existing protection standards can also be maintained in the digital world of work;
Amendment 109 #
Draft opinion
Paragraph 5 e (new)
Paragraph 5 e (new)
Amendment 110 #
Draft opinion
Paragraph 5 f (new)
Paragraph 5 f (new)
5f. Calls on the Commission to broaden the Written Statement Directive (91/533/EEC) to cover all forms of employment and employment relationships;
Amendment 111 #
Draft opinion
Paragraph 5 g (new)
Paragraph 5 g (new)
5g. Stresses that the socially and environmentally sustainable online platforms organized on cooperative basis should be promoted and supported;
Amendment 112 #
Draft opinion
Paragraph 5 h (new)
Paragraph 5 h (new)
5h. Skills requirements
Amendment 113 #
Draft opinion
Paragraph 5 i (new)
Paragraph 5 i (new)
5i. 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 life-long learning to promote digital literacy and to tackle the existing gender and generational gaps, especially for disadvantaged persons in this context; emphasises the importance of stronger synergies involving the social partners and various educational and training institutions in order to bring teaching and studies' contents up to date and develop skills strategies linking the world of education with the world of work;
Amendment 114 #
Draft opinion
Paragraph 5 j (new)
Paragraph 5 j (new)
5j. Insists that public investment in vocational education and lifelong learning is necessary in order to ensure that the EU workforce, is 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 and small enterprises;
Amendment 115 #
Draft opinion
Paragraph 5 k (new)
Paragraph 5 k (new)
5k. Is concerned about the quality of the services intermediated or provided by online platforms; stresses that the quality of services must fulfil the same requirements as in the traditional economy to prevent health and safety risks; calls on the Commission, the Member States and the social partners to develop protective mechanisms regarding the monitoring of qualifications;
Amendment 116 #
Draft opinion
Paragraph 5 l (new)
Paragraph 5 l (new)
5l. Reporting duties and transparency obligations for platform operators
Amendment 121 #
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for EU standards on transparency and disclosure obligations for platform operators in order to monitor tax payments, social security contributions and practices regarding the rating of work on platforms and to ensure that all relevant information is available to national authorities; criticizes the information asymmetries paramount on many online platforms whereby platforms and clients have access to much more information on workers than vice versa;
Amendment 124 #
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that the platform economy, like any other economy, must pay tax and social contributions, comply with employment and social legislation, and ensure consumer protection; believes that the high transparency potential of the platform economy allows for good traceability, in line with the aim of enforcing existing legislation; calls on the Commission to publish guidelines on how EU law applies to the various types of platform business models in order to fill, where necessary, regulatory gaps in the area of employment and social security; calls on the Member States to carry out sufficient inspections and to impose sanctions where rules have been breached;
Amendment 127 #
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses the need to ensure the portability of ratings of platform workers which constitute their digital market value and are important to avoid dependency of workers on certain platforms since ratings are important determinants in the allocation of tasks; calls on the Commission and the Member States to ensure the transferability and accumulation of ratings across platforms;
Amendment 134 #
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls on the Commission and the Member States to take decisive steps to prohibit discriminatory and opaque algorithms and software developed or used by online platforms which do not comply with European and national legislation and set up monitoring structures accordingly;
Amendment 137 #
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Seeks the Commission and the Member States in collaboration with the social partners to ensure that workers and users are able to rate online platforms;
Amendment 138 #
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Health and Safety
Amendment 139 #
Draft opinion
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. Believes that the effects of digitalisation on health and safety at work need to be assessed and existing health and safety provisions adapted accordingly;
Amendment 144 #
Draft opinion
Paragraph 7
Paragraph 7
7. Underlines that constant accessibilitywork-related mental health problems such as burnout or depressions caused by constant accessibility, the erosion of traditional working time arrangements and social isolation represents a serious health and safety risk in the platform economy; advocates therefore full compliance with the prescribed rest times and stresses the need to respect working time arrangements in order to maintain the boundaries of working time as defined by the labour laws of the individual Member States; advocates the establishment of a ‘'right to log off’. ' for worker outside the agreed working hours;
Amendment 153 #
7a. Calls on the Commission and the Member States to promote social economy models in the platform economy and to exchange best practices in this regard, as social enterprises have proven more resilient during times of economic crisis than other business models;
Amendment 154 #
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission to produce a study on the spillover effects of digitalisation, on workers' psychological wellbeing and private life;
Amendment 156 #
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Stresses that the EU should support the rapid development of the platform economy through the establishment of a comprehensive legal framework and shape its course in a socially just and sustainable way.