21 Amendments of Ole CHRISTENSEN related to 2015/2255(INI)
Amendment 1 #
Motion for a resolution
Title
Title
on social dumping in the European Union: ensuring fair competition, equal treatment and convergence between economic and social partners,
Amendment 76 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas the concept of social dumping, without benefiting from a legally recognised and shared definition, covers a wide scope of abusive practices and situations enabling the development of unfair competition through tree main dimensions: - the economic aspect: the use by certain economic actors of illegal practices such as undeclared work or abusive practices such as bogus self employment can lead to major market distortions which are detrimental to bona fide companies, notably SMEs; agriculture, building, construction and food sectors, transport, care and domestic services are the main sectors concerned; - the social aspect: unfair competition can lead to a situation of inequality of treatment between European workers and deprive them from the effective exercise of their social and labour rights; - the financial aspect : the reduction of social contributions and taxes represent a threat for the financial sustainability of social security systems of Member States;
Amendment 87 #
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. whereas the multiplication of abusive practices and exercise of unfair competition weakens support to the principle of the internal market and undermines confidence in European integration;
Amendment 158 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to submit a proposal for a directive based on ILO Convention No. 81 on labour inspection in order to ensure the respect of labour standards and the protection of workers, such as provisions relating to working time, safety, and health; recalls the important role ensured by social partners in order to ensure that existing legislations are respected;
Amendment 159 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Believes that ensuring a level playing- field across the EU and eliminating unfair competition and social dumping is crucial; stresses that labour inspectorates and trade unions play a key role in enforcing workers' rights to decent pay and working conditions, and in providing consultation and guidance to employers; Calls on the Commission to submit a proposal for a directive based on ILO Convention No. 81 on labour inspection;
Amendment 176 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on Member States to increase the staffing levels and resources of their labour inspectorates and their liaison offices, in particular for interpretation and translation; encourages Member States to increase and improve the continuing education and training of labour inspectorates, as recommended by the European Economic and Social Committee; stresses the importance of ensuring access to private areas for national labour inspectorates and social partners, since this is a prerequisite for them to carry out their job and check for cases of social dumping.
Amendment 208 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for the creation of a European body of cross-border labour inspectotask force including respective national competent actors or authorities such as social partners to carry out on-the-spot checks in suspected cases of social dumping, including by identifying 'letterbox companies', which bodytask force would work in coordination with the platform against undeclared work in order to limit the financial burden involved;
Amendment 216 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Calls on the Member States to ensure exchange of information and to improve coordination between labour inspectorates in order to improve cross-border cooperation; urges the Commission to further strengthen the cooperation of national labour inspectors in the Senior Labour Inspectors Committee (SLIC);
Amendment 257 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Takes the view that the competent authorities should be able to suspend the provision of services in cases of serious breaches of legislation and collective agreements on postings; considers that the amount of the fines should exceed employees' contributions; and that it should be possible to exclude companies that repeatedly violate labour law, collective agreements and other working standards from public procurement procedures;
Amendment 287 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls its appeal for the creation of 'a forgery-proof European social security card (...) on which could be stored all the data needed to verify the bearer’s employment relationship'11 ; wishes all the information associated with the worker's postings to feature on this card; underlines however that this provision must not restrict or undermine in any way the right of the host countries' authorities and social partners to review and to carry out controls and verifications on the data content of such a card; __________________ 11 http://www.europarl.europa.eu/sides/getDo c.do?pubRef=-//EP//TEXT+TA+P7-TA- 2014-0012+0+DOC+XML+V0//EN
Amendment 345 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Notes that the European Court of Human Rights has ruled in the Demir and Baykara and in the Enerji Yapi-Yol Sen cases, that the exercise of the right to form and join trade unions in accordance with Article 11 on the European Convention on Human Rights, is inextricably linked to the right to collective bargaining and the right to strike; regrets in this regard the current jurisprudence of the European Court of Justice in the cases of Viking and others, where the Court has rigorously limited the right to collective action in case of conflict with the economic freedoms of the internal market, and obliged trade unions to justify the proportionality of their collective action; considers that this will dissuade trade unions from using their right to collective action, also in order to initiate collective bargaining, and thus ultimately hinder the exercise of the fundamental right of freedom of association; considers therefore that the European Court of Justice must adapt its case law relating to the right to take collective action in order to bring it in line with essential human rights requirements;
Amendment 373 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the notion of 'minimum wage' contained in Directive 96/71/EC should be revised to ensure equal pay for posted workers and local workers in similar positions; stresses the need to respect the collective agreements of the host country and to ensure, through the revision of Regulations (EC) No 883/2004 and (EC) No 987/2009, the payment of gross earnings corresponding to the remuneration paid by the employer before the deduction of taxes and social security contributions payable by employees and withheld by the employer; recalls that specific postings bonuses should be paid on top of remuneration;
Amendment 439 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls for the creation of an "electronic and integrated operator file" for all operators operating with the Community licence aiming at gathering all relevant data on carrier, vehicle and driver identified during roadside checks;
Amendment 440 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls for the EU and the Member States to cooperate across borders in relation to enforcement information, to give monitoring authorities access to data registered in the Member States' national electronic registers and in the European Register of Road Transport Undertaking (ERRU);
Amendment 477 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Asks the Commission to put forward a legislative proposal demanding that at least 75 per cent of all employees in an airline company must be directly employed by the airline company, to ensure a high level of competence, safety and a clear employer's liability.
Amendment 482 #
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Asks the Commission to consider proposals to ensure that airline companies registered in EU employ EU citizens or people from third countries with work permission in EU;
Amendment 499 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Believes that the rules on cabotage are not sufficiently precise, which facilitates the practice of some road operators of engaging in permanent cabotage; wishes cabotage operations to be subject to mandatory prior notificregistration;
Amendment 502 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on the Commission together with the transport industry to consider the possibility of introducing legislative proposals establishing an obligation by employers in the transport industry to inform their employees on applicable law when they move across national borders in connection with their jobs;
Amendment 521 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Highlights the urgent need to better enforce the home base principle and prevent the creative circumvention of EU rules by some airline companies operating in the EU; urges the Commission to analyse the consequences and consider the possibility of introducing a rule stating that if a big share of the passengers on a specific route between two Member States has the nationality of one of the Member States, the airline operating on the route must have home base in this Member State;
Amendment 523 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Highlights the results of the study 'Atypical Employment in Aviation' from the University of Ghent, which clearly illustrates that precarious working conditions for pilots and cabin crew have a negative impact on flight safety;
Amendment 606 #
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Calls on the Commission and the Member States to support and to enhance social dialogue, which plays a critical role in achieving decent and productive working conditions; underlines that high labour law and social standards have a crucial role to play in rebalancing economies, supporting incomes, and encouraging investment in capacities; stresses that all EU law and policy documents must respect trade union rights and freedoms, collective agreements and equal treatment of workers;