Activities of Marian HARKIN related to 2018/0064(COD)
Plenary speeches (1)
European Labour Authority (debate)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council establishing a European Labour Authority PDF (1 MB) DOC (311 KB)
Amendments (28)
Amendment 79 #
Proposal for a regulation
Recital 5
Recital 5
(5) A European Labour Authority (the ‘Authority’) should be established in order to help strengthen fairness labour mobility and trust in the Single Market. To that effect, the Authority should support the Member States and the Commission in strengthening access to information for individuals and employers about their rights and obligations in cross- border labour mobility situations as well as access to relevant services, support compliance and cooperation between the Member States to ensure the effective application of the Union law in these areas, and mediate and facilitate a solution in case of cross- border disputes or labour market disruptions.
Amendment 130 #
Proposal for a regulation
Recital 10
Recital 10
(10) The establishment of the Authority should not create new rights and obligations for individuals or employers, including economic operators or non-profit organisations, as the activities of the Authority should cover them to the extent to which they are covered by the Union law within the scope of this Regulation. Furthermore, the Authority should not create additional administrative burden for companies, in particular SME's.
Amendment 268 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The Authority shall assist Member States and the Commission in matters relating to enhanced cooperation in cross- border labour mobility and the coordination of social security systems within the Union.
Amendment 272 #
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. The Authority shall not in any way interfere with the exercise of fundamental rights as recognised in the Member States and/or at Union level including the rights covered by specific industrial relations systems in Member States, in accordance with national law/or practice. Nor shall it affect the right to negotiate, to conclude and enforce collective agreement, or to take collective action in accordance with national law and/or practice.
Amendment 295 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) improve transparency and facilitate access for individuals and employers to information on their rights and obligations, as well as to relevant services;
Amendment 312 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) support cooperation between Member States in the cross-border enforcement of and contribute to the consistent, efficient and effective application of relevant Union law, including facilitating joint inspections;
Amendment 321 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) mediate and facilitate a solution in cases of cross-border disputes between national authorities or labour market disruptions.
Amendment 373 #
Proposal for a regulation
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
Amendment 419 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) provide relevant information to employers on labour rules, and the living and working conditions applicable to workers in cross-border labour mobility situations, including all relevant requirements for posted workers;
Amendment 432 #
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) support Member States in streamlining the provision of information and services to individuals and employers pertaining to cross-border mobility on a voluntary basis, while fully respecting Member States' competences.
Amendment 524 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The Authority shall encourage the use of innovative approaches to effective and efficient cross-border cooperation, and explore the potentialpromote the use of electronic exchange mechanisms between the Member States to facilitate the detection of fraud, providing reports to the Commission with a view to their further development.
Amendment 547 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. At the request of one or several Member States, the Authority shall coordinate concerted or joint inspections in the areas under the scope of the Authority’s competences. The definition of concerted or joint inspection shall be in line with ILO convention number 81. The request may be submitted by one or several Member States. The Authority may also suggest to the authorities of the Member States concerned that they perform a concerted or joint inspection.
Amendment 560 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Where the authority of a Member State decides not to participate in or carry out the concerted or joint inspection referred to paragraph 1, it shall inform the Authority in writing of the reasons for its decision duly in advance. In such cases, the Authority shall inform the other national authorities concerned. Furthermore, the Authority shall assess the information received and produce a reasoned opinion. This opinion shall be communicated to the European Commission and published.
Amendment 591 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. An agreement for setting up a joint inspection ('the joint inspection agreement') between the participating Member States and the Authority shall set out the conditions for carrying out such an exercise. The joint inspection agreement may include provisions which enable joint inspections, once agreed and planned, to take place at short notice. The Authority shall establish a model agreement while respecting national legislation and competencies.
Amendment 598 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Concerted and joint inspections and their follow-up shall be carried out in accordance with the national law of the Member States concerned. National authorities shall also be fully associated in the process and have full and autonomous authority. Where social partners are themselves in charge of inspections at national level, joint and concerted inspections should only take place if the social partners concerned so agree.
Amendment 664 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Authority shall assess risks and carry out analyses regarding cross-border labour flows, such as labour market imbalances, sector-specific threats and recurring problems encountered by individuals and employers in relation to cross-border mobility. For that purpose, the Authority shall ensure complementarity with, and draw on the expertise of, other Union agencies or services, including in the areas of skills forecasting and health and safety at work. Upon a request by the Commission or on its own initiative, the Authority may carry out focused in-depth analyses and studies to investigate specific labour mobility issues.
Amendment 677 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The Authority shall regularly report its findings to the Commission, as well as directly to the Member States concerned, outlining possible measures to address identified weaknesses.
Amendment 690 #
Proposal for a regulation
Article 12 – paragraph 1 – point a a (new)
Article 12 – paragraph 1 – point a a (new)
(a a) develop EU-wide further-training programmes for inspectorates that address challenges such as bogus self- employment and abuses of posting;
Amendment 720 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Upon request of one of the Member States concerned by a dispute, the Authority shall launch a mediation procedure before its Mediation Board set up for this purpose in accordance with Article 17(2). If a Member State refuses to participate in a mediation procedure, it shall inform the Member State requesting the mediation procedure and the Authority of the reasons of its decision. The Authority may also launch a mediation procedure on its own initiative before the Mediation Board, including on the basis of a referral from SOLVIT, subject to the agreement of all Member States concerned by that dispute.
Amendment 759 #
Proposal for a regulation
Article 14
Article 14
Amendment 841 #
Proposal for a regulation
Article 19 – paragraph 1 – point m
Article 19 – paragraph 1 – point m
(m) appoint the Executive Director, and where necessaryappropriate extend his or her term of office or remove him or her from office in accordance with Article 32;
Amendment 842 #
Proposal for a regulation
Article 19 – paragraph 1 – point p a (new)
Article 19 – paragraph 1 – point p a (new)
(pa) respond to the assessment by the Executive Director on the opinions and the advice of the Stakeholder Group;
Amendment 869 #
Proposal for a regulation
Article 23 – paragraph 4 – point k a (new)
Article 23 – paragraph 4 – point k a (new)
(ka) assess the submissions from the Stakeholder Group and submit that assessment to the Management Board in particular stating if this has influenced the draft single programme document.
Amendment 878 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. The Stakeholder Group may, in particular,shall on its own initiative submit opinions and advice to the Authority on issues related to the application and enforcement of Union law in the areas covered by this Regulation.
Amendment 885 #
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. The Stakeholder Group shall be chaired by the Executive Director and shall meet at least twice a year on the initiative of the Executive Director orhree times a year at regular intervals and where necessary at the request of the Commission.
Amendment 892 #
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The Stakeholder Group shall be composed of sixeight representatives of Union- level social partners equally representing trade unions and employer’s organisations, and two representatives of the Commission.
Amendment 914 #
Proposal for a regulation
Article 32 – paragraph 5
Article 32 – paragraph 5
5. The Management Board, acting on its own initiative or on a proposal from the Commission that takes into account the assessment referred to in paragraph 4, may extend the term of office of the Executive Director once, for no more than five years or may request the Commission to initiate the process of selecting a new Executive Director.
Amendment 917 #
Proposal for a regulation
Article 32 – paragraph 7
Article 32 – paragraph 7
7. The Executive Director may be removed from office only upon a decision of the Management Board acting on its own initiative or on a proposal from the Commission.