Activities of Sylvie BRUNET related to 2019/2186(INI)
Plenary speeches (1)
Fair working conditions, rights and social protection for platform workers - New forms of employment linked to digital development (debate)
Reports (1)
REPORT on fair working conditions, rights and social protection for platform workers – new forms of employment linked to digital development
Amendments (44)
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 16 #
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas platform workers refers to individuals providing services intermediated with a greater or lesser extent of control via a digital labour platform, regardless of these people’s legal employment status;
Amendment 17 #
Motion for a resolution
Recital -A a (new)
Recital -A a (new)
-Aa. whereas digital labour platform refers to a private internet-based company which intermediates with a greater or lesser extent of control on-demand services, requested by individual or corporate customers and provided directly or indirectly by individuals, regardless of whether such services are performed on- location or online;
Amendment 18 #
Motion for a resolution
Recital -A b (new)
Recital -A b (new)
-Ab. whereas platform work refers to the services provided on demand and for remuneration by platform workers, regardless of the type of digital labour platforms (on-location vs online) or the level of skills required;
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 28 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas by no means can platform work be limited to person transport or food delivery, as it also consists of professional tasks, household tasks and micro-tasks.
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 79 #
Motion for a resolution
Recital E
Recital E
E. whereas the blurred distinction between workers and the self-employed often seen in platform work causes uncertainty as regards their rights, entitlements, and applicable rules: whereas more and more sectors are likely to be impacted by this in the future, with platforms, workers but also citizens potentially being negatively affected by this lack of certainty; whereas more and more sectors are likely to be impacted by this in the future (delivery, transport, human resources, health, childcare, personal and household services, tourism…);
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 111 #
Motion for a resolution
Subheading 1 (new)
Subheading 1 (new)
Legal uncertainty and European legal framework (To be inserted before paragraph 1)
Amendment 122 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that the current European framework is unsatisfactory, with EU legal instruments which do not cover 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 status; considers that inadequate regulation might lead to problematic interpretations and arbitrary decisions, thus creating unpredictability and the consequent negative impact on both businesses and workers;
Amendment 150 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that this legal uncertainty must be urgently addressed for the benefit of workers, platforms and citizens, 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;
Amendment 152 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Emphasises that legislation in the Member States and at European level is far from matching the speed at which the digital transformation is evolving, leading to lack of regulation when it comes to new employment methods, with a direct impact on workers’ rights and the functioning of online platforms;
Amendment 167 #
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 based on Article 153 TFEU by the end of 2021, preceded by a two-stage consultation of the social partners; 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 regardless of their employment status, and to address the specificities of platform work; is convinced that the purpose of this directive is to ensure fair and transparent working conditions, guarantee a healthy and safe working environment, give access to adequate and transparent social protection, forms of representation and collective bargaining rights, training and skills as well as transparent, ethical and non-discriminatory algorithms;
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 186 #
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, directly or by means of an algorithm, 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 workers;
Amendment 189 #
Motion for a resolution
Subheading 2 (new)
Subheading 2 (new)
Fair and transparent working conditions (To be inserted before paragraph 6)
Amendment 209 #
Motion for a resolution
Paragraph 6 – indent 3 a (new)
Paragraph 6 – indent 3 a (new)
– create in-platform, optional and transparent features allowing the workers to communicate between themselves should they be interested to do so;
Amendment 220 #
Motion for a resolution
Subheading 3 (new)
Subheading 3 (new)
Guarantee a healthy and safe working environment (To be inserted before paragraph 7)
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 241 #
Motion for a resolution
Subheading 4 (new)
Subheading 4 (new)
Give access to adequate and transparent social protection (To be inserted before paragraph 9)
Amendment 244 #
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 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; calls on the Commission to scrutinise Member States’ progress in this regard in the framework of the European Semester;
Amendment 255 #
Motion for a resolution
Subheading 5 (new)
Subheading 5 (new)
Give access to forms of representation and enabling collective bargaining rights (To be inserted before paragraph 11)
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 283 #
Motion for a resolution
Subheading 6 (new)
Subheading 6 (new)
Training and skills (To be inserted before paragraph 13)
Amendment 288 #
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 offeredgiven access by the platforms to further 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, but also in the recognition of skills acquired during platform work; 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;
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 298 #
Motion for a resolution
Subheading 7 (new)
Subheading 7 (new)
Transparent, ethical and non- discriminatory algorithms - data management (To be inserted before paragraph 14)
Amendment 305 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Considers that platform workers should be entitled to transparent, non- discriminatory and ethical algorithms that avoid past discrepancies in the selection and treatment between different groups and do not build upon previous potential discriminatory practices; believes that algorithm transparency should apply to 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 decisions are contestable and reversible, 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 329 #
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Calls on the Commission to take into account the innovation that online platforms bring into the labour market, to reflect these new forms of employment in the legal framework without losing the characteristic flexibility that platform workers and citizens need and seek;
Amendment 331 #
Motion for a resolution
Subheading 8 (new)
Subheading 8 (new)
Other recommendations (To be inserted before paragraph 16)
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;
Amendment 343 #
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Notes that the remote nature of the platform work and the absence of a defined workplace can lead to subletting of workers' accounts and their use by undeclared workers; believes that reliable verification processes of the platform user's identity should be guaranteed;