22 Amendments of Tilly METZ related to 2019/2186(INI)
Amendment 6 #
Draft opinion
Recital A
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 24 #
Draft opinion
Recital B
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 34 #
Draft opinion
Recital B a (new)
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 39 #
Draft opinion
Recital B b (new)
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 42 #
Draft opinion
Recital B c (new)
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 46 #
Draft opinion
Recital B d (new)
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 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 50 #
Draft opinion
Recital B f (new)
Recital B f (new)
Amendment 51 #
Draft opinion
Recital B g (new)
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)
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)
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)
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 56 #
Draft opinion
Paragraph 1
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 and the unclear interface between business and private equipment ownership, are unacceptable; underlines that labour-intensive platforms exerting the prerogatives of employers should abide to all the legal obligations that this entails in terms of payment of income tax, financing of social protection and insurances, responsibility for health and safety, due diligence and corporate social responsibility;
Amendment 64 #
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission to come up with a strategypropose a directive on decent working conditions and rights in the digital economy, covering all workers, including non-standard workers on atypical contracts, workers in platform companies and the self-employed to align the working conditions of platformthose workers with those of regular employees, with full respect for the diversity of national labour market models and the autonomy of social partners; underlines that platform workers should have the right to social protection, including protection for unemployment and sickness, annual leave and special leave; furthermore, stresses that the platforms should be responsible for providing the workers with adequate protective equipment, accident insurances and technical checks and repairs of the vehicles;
Amendment 84 #
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Member States to consider the need for national definitions of self-employed workers, withCommission to propose a European definition of a worker, with consideration to the criteria established by the Court of Justice of the European Union that has ruled that “worker” means “a natural person who for a certain period of time performs services for and under the direction of another person in return for remuneration” and to put in place a rebuttable legal presumption that places the burden of proof on platforms to prove that their workers are not in fact employees;
Amendment 99 #
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to support Member States in finding policyUnderlines that the solutions to determine the status of work for platform workers; remains sceptical of the is not an addition of a third category;
Amendment 105 #
Draft opinion
Paragraph 5
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, and advertisingthe percentage of the fare kept by the platform, rating and rewarding systems, and advertising; underlines the need for protection for platform workers against pre-existing societal biases embedded in algorithms, for example based on gender, religion or ethnicity; furthermore, stresses that platform workers should have the right of co-determination regarding the algorithms; calls on the Commission to ensure mandatory human oversight for managerial decisions, such as hiring and or firing employees and appraisals, underlining that the workers must have the right to appeal these decisions;
Amendment 112 #
Draft opinion
Paragraph 5 a (new)
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 117 #
Draft opinion
Paragraph 6
Paragraph 6
6. Emphasises the importance to workers of the right to portability of data between platforms, including their consumer-sourced ratings;
Amendment 124 #
Draft opinion
Paragraph 7
Paragraph 7
7. WelcomesCalls on the Commission’s intention to modify EU competo take initiation rulves to ensure that platform workers andhave the bogus self-employedright to get organised, to be represented by trade unions and to gain access to real collective bargaining;
Amendment 134 #
Draft opinion
Paragraph 8
Paragraph 8
8. Encourages platform companies to develop training and professional development pathways in order to broaden their workers’ professional options.;
Amendment 138 #
Draft opinion
Paragraph 8 a (new)
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;