17 Amendments of Heléne FRITZON related to 2021/0414(COD)
Amendment 185 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) Principle No 8 of the European Pillar of Social Rights provides that the social partners shall be consulted on the design and implementation of economic, employment and social policies according to national practices. They shall be encouraged to negotiate and conclude collective agreements in matters relevant to them, while respecting their autonomy and the right to collective action.
Amendment 296 #
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) The frequent misclassification of persons performing platform work, together with the lack of a common workplace where platform workers can get to know and communicate with each other, including for the purpose of defending their interests against the employer, make the phenomenon of company trade unions or workers’ representatives that are established or controlled by the employer itself in the interests of the employer rather than those of the workers, particularly serious in platform work. Such company trade unions or workers’ representatives are contrary to Article 2 of International Labour Organization (ILO) Convention No 98 and to Directive 2002/14/EC of the European Parliament and of the Council1a.
Amendment 518 #
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘representatives’ means the workers’ organisations or representatives provided for by national law or practices, or both;
Amendment 520 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
(5a) ‘workers’ representatives’ means: (a) trade union or workers’ representatives according to national law or practice; (b) elected representatives where they exist according to national law or practice, namely, representatives who are freely elected by the workers of the undertaking, not under the domination or control of the employer in accordance with provisions of national laws or regulations or of collective agreements and whose functions do not include activities which are the exclusive prerogative of trade unions.
Amendment 569 #
Proposal for a directive
Article 4 – title
Article 4 – title
Amendment 577 #
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.
Amendment 589 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
The legal presumption shall apply in all relevant administrative and legal proceedingsproceedings initiated by: (1) Individual action, such as court procedures or, where applicable, administrative procedures or dispute resolution; (2) Action by enforcement authorities, where such authorities exist. Competent authorities verifying compliance with or enforcing relevant legislation shall, where they exist, be able to rely on thate presumption.
Amendment 598 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 665 #
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 start-ups, avoiding capturing the genuine self-employed and supporting the sustainable growth of digital labour platforms. In particular they shall: ensure the possibility for any of the parties to rebut the legal presumption proceedings in which the legal presumption is applicable. If the digital labour platform claims to rebut the legal presumption, the burden shall be on the digital labour platform to prove that the contractual relationship in question is not an employment relationship as defined by the law, collective agreements, or practice in force in the Member State in question, with consideration to the case-law of the Court of Justice. If the person performing platform work claims to rebut the legal presumption, the digital labour platform shall be required to assist the proper resolution of the proceedings, notably by providing all relevant information held by it.
Amendment 674 #
Proposal for a directive
Article 4 – paragraph 3 – point a
Article 4 – paragraph 3 – point a
Amendment 678 #
Proposal for a directive
Article 4 – paragraph 3 – point b
Article 4 – paragraph 3 – point b
Amendment 687 #
Proposal for a directive
Article 4 – paragraph 3 – point c
Article 4 – paragraph 3 – point c
Amendment 698 #
Proposal for a directive
Article 4 – paragraph 3 – point d
Article 4 – paragraph 3 – point d
Amendment 718 #
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. With regard to contractuMember States shall take supporting measures to ensure the effective implementation of the legal prelationships entesumption referred into before and still ongoing on the date set out in Article 21(1), the legal presumption referred to in paragraph 1 shall only apply to the period starting from that date. in paragraph 1 while taking into account the impact on start-ups, avoiding capturing the genuine self-employed and supporting the sustainable growth of digital labour platforms. In particular they shall: (a) ensure that information on the application of the legal presumption is made publicly available in a clear, comprehensive and easily accessible way; (b) develop guidance for digital labour platforms, persons performing platform work and social partners to understand and implement the legal presumption including on the procedures for rebutting it. (c) develop guidance for enforcement authorities, where they exist, to proactively target and pursue non- compliant digital labour platforms; (d) strengthen the controls and field inspections conducted by labour inspectorates or the bodies responsible for the enforcement of labour law, where such inspectorates or bodies exist, while ensuring that such controls and inspections are proportionate and non- discriminatory.
Amendment 723 #
Proposal for a directive
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. With regard to contractual relationships entered into before and still ongoing on the date set out in Article 21(1), the legal presumption referred to in paragraph 1 shall only apply to the period starting from that date.
Amendment 728 #
Proposal for a directive
Article 5
Article 5
Amendment 1020 #
Proposal for a directive
Article 20 a (new)
Article 20 a (new)
Article 20a Collective bargaining and action 1. This Directive shall not affect in any way the right to negotiate, conclude and enforce collective agreements and to take collective action in accordance with national law or practice. 2. In accordance with national law and practice, Member States may allow for the social partners to maintain, negotiate, conclude and enforce collective agreements which deviate from the directive, provided that the overall results sought by this Directive are ensured.