21 Amendments of Cindy FRANSSEN related to 2019/2186(INI)
Amendment 82 #
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas more and more sectors are likely to be impacted by platform work or similar employment patterns, thus further blurring the distinction between self-employment, false self-employment and traditional employment; whereas the trend towards remote working is growing in many sectors, with opportunities and risks for companies and workers; whereas the booming development of digital technologies creates many new and unpredictable opportunities and risks for so-called non-standard forms of work and employment;
Amendment 88 #
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas platform work is a result of technological progress, providing workers, customers and employers with new opportunities and choices when it comes to place, time flexibility and frequency of their relations, including work and provision of services;
Amendment 90 #
Motion for a resolution
Recital E c (new)
Recital E c (new)
Ec. whereas a high degree of flexibility is appreciated as one of the biggest advantages of platform work;
Amendment 119 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that the current European framework is unsatisfactory, with EU legal instruments which doare not cover allapplied to platform workers in their personal scope and which do not address the new realities of the world of work; regrets that this fragmentation places some platform workers in a legally precarious situation, resulting in some platform workers enjoying fewer or more limited rights than should be guaranteed to all platform workers regardless of their employment status; therefore a presumption of employment relationship and the reversal of the burden of the proof should be the starting point, complemented by the recognition of platform as companies linked to their sector of activity;
Amendment 135 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that the meaning of the terms ‘worker’ and ‘self-employed’ are not uniformly defined in all Member States; notes that the boundary between these two terms is less clear for new forms of work, and that some workers are at risk of being misclassified; Therefore, workers in platform companies should have the same rights as other workers
Amendment 145 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that this legal uncertainty must be urgently addressed, while acknowledging that it cannot be easily solved by a one-size-fits-all approach; believes that any proposal must recognise the heterogeneity of platforms and of platform workers, and take into account the current digital labour platforms model, where some platform workers are genuinely self- employed and wish to remain so; therefore, a European framework legislation would be necessary that safeguards well-functioning platform work, but at the same time tackles precarious forms of platform work; this framework can be complemented by either national legislation or collective agreements between the platform companies and the trade unions, recognising the platform as companies with all the obligations it entails (including employers responsibility when it apply) and linking these companies to their sector of activity.
Amendment 153 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that any regulation should not be harmful towards innovation, the creation of new business models, start-ups and SMEs; emphasizes that flexible working arrangements should be protected when they are not detrimental towards social protection and workers’ rights;
Amendment 164 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the Commission’s proposal for a legislative initiative to improve the working conditions of platform workers; calls on the Commission, if the social partners do not express the wish to initiate the process provided for in Article 155 of the TFEU, to put forward a new directive on platform workers in order to guarantee them a minimum set of rights regardlessbased ofn their employment status, and to address the specificities of platform work while ensuring a level playing field in all EU Member States to avoid unfair und unequal treatment of workers;
Amendment 178 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses the need to better combat bogus self-employment by means of a directive, so as to cover platform workers which are fulfilling the conditions characteristic of an employment relationship based on the actual performance of work, and not on the parties’ description of the relationship; is of the opinion that special attention should be given to digital labour platforms that strongly organise conditions and remuneration of online and on-location platform work,conclude collective agreements which could be used as guidance for determining the degree of responsibility of platforms towards platform workers;
Amendment 195 #
Motion for a resolution
Paragraph 6 – indent 1
Paragraph 6 – indent 1
– ensure that the framework for collective agreements works smoothly and better implement the prohibition of exclusivity clauses, and ensure all platform workers are permitted to work for different platforms (multi-apping) and not be subject to adverse treatment for doing so;
Amendment 206 #
Motion for a resolution
Paragraph 6 – indent 3
Paragraph 6 – indent 3
– address the current lack of transparency by ensuring the provision of essential information regarding working conditions, the method of calculating the price or fee, the functioning of the algorithm and transparency in the event of a change in the terms, conditions and procedures for temporary or permanent deactivation, if any, which should be preceded by consultation;
Amendment 212 #
Motion for a resolution
Paragraph 6 – subparagraph 1
Paragraph 6 – subparagraph 1
believes that the aforementioned communication should be made in a clear, comprehensive and easily accessible way; and should be provided both to the person and the representatives;
Amendment 217 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. clarify that the third status option will not be an option. recalls that the Court of Justice of the European Union has already established criteria for determining the status of a worker.
Amendment 239 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers that platform workers should receive compensation in case of work accidents and occupational diseases, and be offered sickness and invalidity insurance coverage and all other employment rights such as paid holidays; welcomes, in this respect, the initiatives of some platforms to provide as a first step insurance as well as occupational health and safety measures;
Amendment 245 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Strongly believes that formal and effective coverage, adequacy and transparency of social protection systems should apply to all workers including the self-employed; calls on the Member States to fully and immediately implement the Council Recommendation of 13 March 2018 on access to social protection for workers and self- employed, and to ensure that their national plans set out relevant measures to be taken address the social protection of platform workers; and to strengthen the rights for platform workers to organise in trade unions
Amendment 266 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recognises that freedom of association and the right to collective bargaining are fundamental rights for all workers, and believes a directive on platform workers should ensure that these rights are effective fully applied and enforced; notes the potential for imbalanced and asymmetrical relationships between digital labour platforms and workers, who may lack the individual bargaining power to negotiate thefair terms and conditions; notes further that there are also practical issues such as a lack of common means of communication and opportunities to meet online or in person, which can prevent collective representation in practice; calls on the Commission to address such impediments in its proposal; stresses the need for platform workers and platforms to be properly represented in order to facilitate social dialogue collective bargaining, and workers’ representation through their trade unions;
Amendment 276 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Regrets the legal difficulties in collective representation faced by platform workers, and is aware that the solo self- employed are wrongly considered ‘undertakings’, and as such are subject to the prohibition on agreements that restrict competition; welcomacknowledges in this regard the inception impact assessment published by the Commission16, and ask the planned initiative to address this obstacle; through an interpretative guidance is convinced that EU competition law must not hinder the improvement of the working conditions (including the setting of remuneration) and social protection of solo self-employed platform workers through collective bargaining; __________________ 16https://eur-lex.europa.eu/legal- content/EN/ALL/?uri=PI_COM%3AAres %282021%29102652
Amendment 289 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Believes that basic training must be provided to platform workers by the platform at least on the use of their website or the application; believes further that platform workers, in particular less qualified workers, should be offered training enabling skilling and re-skilling to improve their employability and career paths; calls for the facilitation of the recognition, validation and portability of attainments in the field of non-formal and informal learning; believes in this regard that a ‘certificate of experience’ should be issued for platform workers who have participated in such training, which could be uploaded on individual learning accounts; Encourages platform companies to develop training pathways in order to broaden their workers' professional options and seeks to ensure that when an employer is required, pursuant to EU law or national law or collective bargaining, to provide a worker with training to carry out the work for which he has been employed, this training is given free of charge, counted as working hours and, where possible, takes place during working hours;
Amendment 307 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Considers that platform workers should be entitled to transparent, non- discriminatory and ethical algorithms; believes that algorithm transparency should apply to management functions, task distribution, ratings and interactions, while respecting trade secrets, and that an intelligible explanation of the functioning of the algorithm on the way tasks are assigned, ratings are granted, the deactivation procedure and pricing should always be provided, as well as information in a clear and up-to-date manner on any significant changes to the algorithm; is of the opinion that ethical algorithm implies that all and in particular algorithmic decisions are contestable and reversible and human intervention guaranteed when needed, and that incentive practices or exceptional bonuses in particular should not lead to risky behaviours; is convinced that non-discriminatory algorithms are those which prevent gender and other social biases;
Amendment 340 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls on EU Member States to encourage innovative forms of work which guarantee quality working conditions and prohibit working relationships that lead to insecure working conditions, including non- standard contracts such as 'zero hours' contracts;
Amendment 342 #
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Calls on Member States to ensure that platform workers are able to refuse a work assignment if this takes place outside the reference hours and days or if they have not been informed of the work assignment within the agreed minimum period of notice, without suffering any adverse consequences as a result of their refusal;