28 Amendments of Radka MAXOVÁ related to 2019/2186(INI)
Amendment 1 #
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
– having regard to the Communication from the Commission of 4 March 2021 entitled ‘The European Pillar of Social Rights Action Plan’,
Amendment 2 #
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
– having regard to the Commission Consultation Document of 24 February 2021 entitled ‘First phase consultation of social partners under Article 154 TFEU on possible action addressing the challenges related to working conditions in platform work’,
Amendment 7 #
Motion for a resolution
Citation 40 a (new)
Citation 40 a (new)
– having regard to the ILO report of 23 February 2021 entitled ‘World Employment and Social Outlook 2021: The role of digital labour platforms in transforming the world of work’,
Amendment 24 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the COVID-19 crisis has served to highlight the crucial role played by platform workers in ensuring business continuity for thousands of SMEs and consumers across the EU by providing a much needed interface between key sectors such as the food and hospitality industries and citizens, and the opportunities and flexibilities provided by the platform model prevented major income loss;
Amendment 29 #
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas some categories of platform work do not require high education nor intensive trainings, creating the opportunity for young people neither in employment nor in education or training, as well as low skilled people to benefit from this and be integrated in the working field as long as they can obtain certification attesting this work experience;
Amendment 31 #
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas platform work facilitates the access to the labour market through modern forms of employment and encourages the development of technologies in order to ease the use of platforms and bring closer both the companies and the consumers.
Amendment 41 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas platform work seems to reproduce gender inequalities from the broader labour market, such as the gender pay gap and gender segregation in occupations or sectors;1a __________________ 1aEuropean Institute for Gender Equality (EIGE). Gender Equality Index 2020. Digitisation and the future of work.
Amendment 50 #
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas platform work is a growing phenomenon since its emergence facilitated by the development of digital technologies in recent years; whereas, nevertheless, it still represents a small share of the general labour market, with an estimated 11% of EU’s workforce which have provided services via on- location or online labour platforms at least once and only 1,4% of them doing it as a main job;2a __________________ 2aEuropean Commission Joint Research Centre, Platform workers in Europe: Evidence from the COLLEEM survey (2018) and New evidence on platform workers in Europe: Results from the second COLLEEM survey (2020).
Amendment 52 #
Motion for a resolution
Recital B c (new)
Recital B c (new)
Bc. whereas there is a lack of European-wide data on platform work and data collection methodology varies across Member States; whereas however its continued growth in the labour market can be considered highly likely;
Amendment 68 #
Motion for a resolution
Recital D
Recital D
D. whereas people working in the platform economy are generally classified as formally self-employed; whereas, as such, these people do not benefit from the equivalent social, labour, health and safety protection that are connected to an employment contract in most countries; whereas a smaller share of platform workers operate under the status of employee, agency worker or other flexible forms of employment;
Amendment 70 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the use of algorithms and artificial intelligence decisions has become an important segment in the platform work industry, and the selection of workers should be under human oversight and not be affected by stereotypes related to gender, ethnical background or sexual orientation, avoiding as a consequence any risks of discrimination.
Amendment 83 #
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas new forms of work should remain sustainable and fair and platform work be guided by the values of the Union, ethics and a human-centric approach where digital technology remains a tool; whereas in this regard, equipping every European citizen with digital skills is paramount in the context of the digital transition;
Amendment 99 #
Motion for a resolution
Recital F
Recital F
F. whereas Member States have developed different approaches, leading to fragmented rules and initiatives; whereas there is a need for European level action to overcome the resulting legal uncertainty and improve platform workers’ rights and working conditions, maximise innovation potential of the platform work model, and level the playing field with ‘traditional’ economic actors;
Amendment 113 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that the current European framework is unsatisfactory, with EU legal instruments which do notre is no harmonized EU framework covering all 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 statuscompanies and their self-employed partners; Notes that Member States' different enforcement in combination with an growing digital service sector in some cases can put platform companies and self-employed in a precarious situation;
Amendment 146 #
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 approachmeasures aimed at clarifying the legal status should avoid affecting the growth of platform services and be based on comprehensive impact assessments in consultation with relevant actors; while acknowledging that it cannot be easily solved by a one-size-fits-all approach; emphasizes the importance that any initiative must respect national competences while ensuring Member States the opportunity to adapt measures in accordance to their legal tradition; 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;
Amendment 155 #
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Stresses that any regulation regarding online platforms must respect the principle of subsidiarity and the different approaches of the Member States, given the existing differences between platforms - from the number of workers to the extent to which they cover the rights of workers - and must stand the test of time and digital transformation;
Amendment 171 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Is of the opinion that the hypothesis of a new EU so-called ‘third status’ between worker and self-employed would not help to solve the current problems and risks further blurring already confused concepts;
Amendment 174 #
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, which could be used as guidance for determining the degree of responsibility of platforms towards platform workand to provide for legal certainty, so as to provide for clear criteria, stresses that platforms should be allowed to provide protections such as insurance, sick-pay, and holiday pay, to their self-employed partners;.
Amendment 221 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that some platform workers may be subject to increased health and safety risks; is of the opinion that the Commission proposal must address the occupational health and safety of platform workers as well as establish minimum requirements to enable them exercise a right tond if necessary, formulate guidance to give platform workers the opportunity to be disconnected without any adverse consequences;being disadvantaged.
Amendment 228 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that some platform workers may be subject to increased health and safety risks with unpredictable working hours, intensity of work, competitive environments (rating systems, work incentive through bonuses), information overload and isolation as emergent factors for psychosocial risks; is of the opinion that the Commission proposal must address the occupational health and safety of platform workers as well as establish minimum requirements to enable them exercise a right to disconnect without any adverse consequences;
Amendment 256 #
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 rightin this are effective and enforced; notes the potential for imbalanced relationships between digital labourgard that an initiative on platforms and workers, who may lack the individual bargaining power to negotiate their 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 should identify measures on how to increase possibilities for self-employed to invoke proper working conditions;
Amendment 273 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Regrets tNotes established legal difficulties inaw in regards to collective representation faced by platform workers, and is aware that the solo self- employed are considered ‘undertakings’, and as such are subject to the prohibition on agreements that restrict competition; welcomes in this regard the inception impact assessment published by the Commission16, and the planned initiative to address this obstacle; 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 279 #
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 generally considered ‘undertakings’, and as such are subject to the prohibition on agreements that restrict competition; welcomes in this regard the inception impact assessment published by the Commission16 , and the planned initiative to address this obstacle; 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 290 #
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; in this regard, calls on the Commission to address platform workers’ education and training in the forthcoming proposals on a European approach for micro-credentials and Individual learning accounts;
Amendment 294 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Highlights some strategic partnerships established by platforms to ensure access to training for platform workers (such as language courses, personalised coaching and video coaching) to enable them to take the next steps in their careers; believes such best practices should be mainstreamed across platforms in all sectors;
Amendment 296 #
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Believes that the training of algorithm developers in ethical, transparency, and anti-discriminatory issues should be encouraged;
Amendment 327 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Recalls that a considerable amount of platforms are working on implementing internal regulations and programs in order to create a more secure environment for their workers and considers that such practices must be encouraged by EU actions on the field;
Amendment 339 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Notes that data is still fragmented as to the quantity of platform workers, as well as their distribution by sector; calls on the Commission with the collaboration of the Member States to collect robust and comparable data on platform workers in order to get a more accurate idea of the scale of the platform economy and deepen the knowledge on social security coverage and the income of these workers;