51 Amendments of Ádám KÓSA related to 2015/2255(INI)
Amendment 2 #
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to the fundamental freedom of movement of workers (Article 45 TFEU) and the free movement of services (Article 56 TFEU),
Amendment 14 #
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
- having regard to the successful establishment of the European Platform for Undeclared work and its upcoming first work meetings in 2016,
Amendment 23 #
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
- having regard to the common statement of the Commission and Member States (10048/96 ADD 1) which defines clearly that international passenger or freight transport by rail, road, air and water does not fall under posting,
Amendment 33 #
Motion for a resolution
Recital A
Recital A
A. havwhereas there is no data ing regardlation to the allegedly increased trend towards, by the way, illegal undeclared work, bogus self- employment, outsourcing and subcontracting, leadclaiming to an increase in precarious jobs and deteriorating levels of worker protection, the Commission cannot neglect the obligation to apply clear definitions and to provide relevant data and proof,
Amendment 51 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. having regard to the EU competitiveness on the global market and the integrity of the EU internal market,
Amendment 55 #
Motion for a resolution
Recital A b (new)
Recital A b (new)
A b. having regard to achievements of open economies and better economic results of in the EU in terms of growth based on the fundamental freedom of movement of persons, products and services,
Amendment 59 #
Motion for a resolution
Recital B
Recital B
B. whereas on 15 July 2014 Jean-Claude Juncker, President of the Commission, undertook before Parliament to combat 'social dumping' and reiterated this commitment in his 2015 State of the Union address9 ; however, the phrase of social dumping is not scientifically evident, proved and adopted, __________________ 9 http://europa.eu/rapid/press- release_SPEECH-15-5614_en.htm
Amendment 61 #
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas Commissioner Thyssen indicated that we cannot talk about social dumping when it comes to employees with free movement in the internal market at the debate on the European platform to enhance cooperation in the prevention and deterrence of undeclared work held in the plenary on 2/2/2016 in Strasbourg.
Amendment 62 #
Motion for a resolution
Recital B c (new)
Recital B c (new)
B c. having regard to the fact that precise definition of problems is a prerequisite for any possible future action in this field,
Amendment 63 #
Motion for a resolution
Recital B d (new)
Recital B d (new)
B d. having regard to the better regulation agenda1a proclaimed by President Juncker on 19/5/15, legal acts have been introduced only recently and have been still being implemented cannot be revised without professional preparation and unbiased consultations, which means that impact assessment and competitiveness proofing test, which is part of the Commission's integrated impact assessment approach since 2012, are of utmost importance, __________________ 1a COM(2015) 215 final
Amendment 64 #
Motion for a resolution
Recital B e (new)
Recital B e (new)
B e. whereas all proposals related to legislation the European Commission intends to examine and revise must be evidence-based, proportional, and under no circumstance must not go beyond of what is laid down in current Treaties,
Amendment 66 #
Motion for a resolution
Recital C
Recital C
C. whereas the Court of Justice of the European Union in its judgment in case C- 34/05 Laval of 18 December 20073 highlighted the legitimacy of the struggle against does not analyse or define the term 'social dumping' at all, __________________ 3 http://curia.europa.eu/juris/showPdf.jsf?te xt=&docid=71925&pageIndex=0&doclang =EN&mode=lst&dir=&occ=first&part=1& cid=498309
Amendment 72 #
Motion for a resolution
Recital C
Recital C
C. whereas the Court of Justice of the European Union in its judgment in case C- 34/05 Laval of 18 December 20073 highlighted the legitimacy of the struggle against social dumping; pointed out inconsistencies in the national legislation with the provisions of European Union law which does not prohibit collective action if a trade union forces, under such legislation, undertakings established in other Member States, posting workers to work by providing services, to sign a collective agreement with it, or apply provisions of a collective agreement if these provisions are beyond the obligatory rules of Directive 96/71/EC on the posting of workers. In the case of such collective action, undertakings established in other Member States could feel forced to join a collective agreement the provisions of which are related to issues beyond the obligatory provisions of Directive 96/71/EC concerning the posting of workers from other Member States. This may make it more difficult for such undertakings to perform work in other Member States, which, according to Article 49 of the Treaty establishing the European Community, means the restriction of the freedom of provision of services; __________________ 3 http://curia.europa.eu/juris/document/docu ment.jsf?text=&docid=71925&pageIndex= 0&doclang=HU&mode=lst&dir=&occ=firs t&part=1&cid=587808.
Amendment 75 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. having regard to the interpretation of social rules in transport and the Commission guidelines allow for sufficient flexibility for businesses to operate, if any ambiguities occur as regard the interpretation of the current legal provisions, there are a lot of fora to clarify them, such as an international organisation Euro Contrôle Route (ECR),
Amendment 95 #
Motion for a resolution
Recital D
Recital D
D. having regard to the importance of the principle of 'equal pay and social protection for the same work at the same place' for all European workers would constitute a serious barrier to the free movement of services; such principle has no legal basis and does not comply with TFEU, it is legally and practically unattainable and pay is only one elements of running companies and entrepreneurship,
Amendment 110 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. having regard to the fact that posted workers make up about 0,6% of the entire EU labour force2a, __________________ 2aSee: Jozef Pacolet & Frederic De Wispelaere, Posting of workers, Report on A1 portable documents issued in 2012 and 2013, p. 15. According to EUROSAT data, the entire EU labour force in 2013 amounted to 243.2 million people (Labour force survey overview 2013, EUROSTAT (http://ec.europa.eu/eurostat/statistics- explained/index.php/Labour_force_survey _overview_2013#Labour_force_in_the_E U)
Amendment 114 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas when it comes to competiveness, pay and wage plays an important role but it is only one factor of economic activity, other aspects of entrepreneurships could also be inspected (taxes, customs, access to financial markets, prices and availability of public services, etc.) accordingly, therefore, different pay rates among Member States do not constitute unfair competition, but are rather a natural phenomenon in economic reality of the EU. In this context, also the social security systems of Member States should not be questioned as they represent a significant part of their national social policies (this concerns also differences in the levels of minimum wages and insurance premiums).
Amendment 130 #
Motion for a resolution
Recital D b (new)
Recital D b (new)
D b. having regard to the commitment of not increasing the financial burden for business, SMEs in particular,
Amendment 135 #
Motion for a resolution
Recital D c (new)
Recital D c (new)
D c. having regard to the idea behind posting is to ensure the balance between the freedom to provide services (by simplifying the employment of the workers of a company which provides the service) and between social rights, and therefore posted workers are not part of the host Member States' labour market and are not entitled to search for work or to apply for unemployment benefits there.
Amendment 139 #
Motion for a resolution
Recital D d (new)
Recital D d (new)
Dd. whereas strong safeguards to protect the rights of posted workers and to prevent illegal activities are laid down in the Directive 96/71/EC, that presents a core mandatory rules regarding the terms and conditions of employment to be applied to an employee posted to work in another Member State;
Amendment 140 #
Motion for a resolution
Recital D e (new)
Recital D e (new)
D e. whereas the economic differences among Member States cannot be solved by simple modifying the Posting of Workers Directive (Directive 96/71/EC) and the current relevant legal framework for implementation (Directive 2014/67/EU) has not been fully implemented in Member States, and therefore there is no available evaluation in terms of the efficiency of the basic legislation,
Amendment 156 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to submitconsider a proposal for a directiveenhancing better cooperation among Member States based on ILO Convention No. 81 on labour inspection in accordance with the current Treaties (Art. 153 (1) TFEU in particular);
Amendment 180 #
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, by applying modern IT services and solutions available in the given country, in particular for improving interpretation and translation;
Amendment 189 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for the creation of a European body of cross-border labour supervision to carry out on-the-spot checks in suspected cases of social dumping, including the identification of 'letterbox companHaving regard to the fact that Commission Regulation (EU) No 67/2014 provides for both the obligation to report and cooperation and exchange of information between authorities, and the European Parliament has taken an active part in the preparation of the legislation and the co-decision procedure, it calls upon Member States to reinforce labour inspection activities', which would work in coordination with the platform against undeclared work in order to limthereby reinforcing the reduction of illegal employment, the fight against misuses and undeclared work, and the increased protection of employees simultaneously with the financial burdens involvedreduction of bureaucracy;
Amendment 224 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls for the implementation byMember States to pay attention to the Court of Justice of the European Union's case C-577/10 Commission v Belgium of 19 December 2012 (Limosa-case) in terms of conditions to improve Member States of' electronic systems for the registration of the prior declaration of posting missions;
Amendment 232 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls on the European Commission to launch a new report on progress made by Member States in making the necessary improvements to their national tax administrations and systems for the purposes of tackling tax fraud, as was proposed in the Commission Communication "An Action Plan to strengthen the fight against tax fraud and tax evasion1 a, __________________ 1a COM (2012)0722 final
Amendment 243 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to submit a proposal for a directivehelp Member States to improve their activities based on ILO Convention No. 189 concerning decent work for domestic workers in accordance with the current Treaties (Article 153 (1) TFEU in particular);
Amendment 251 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Takes the view that, if needed and justified, the competent authorities should be able to suspend the provision of serviceimpose proportionate and proper sanctions in cases of serious breaches of legislation on postings; considers that the amount of the fines should exceed employees' contributions;
Amendment 265 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Requests that information on postings should not be retroactive and should be entered in a European electronic register; stresses that the competent authorities of the host Member State should be able to revise form A1 in the eventEven though requests related to information on postings are entered in a European electronic register if requested by Member States and A1 documents in practice are sent to receiving Member States automatically; withdrawing an administrative document issued by another MS on the grounds of "serious doubts about whether a posting is genuine;" goes against basic principles such as legal certainty and security which is also confirmed by well-established case- law of the European Court of Justice of the European Union;1 a __________________ 1aHerbosch Kiere-case (C-2/05) of 26 January 2006
Amendment 308 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. notes that introducing a principle of "equal pay for equal work at the same place" would constitute a serious barrier to the free movement of services; such principle has no legal basis and does not comply with TFEU, it is legally and practically unattainable,
Amendment 324 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to combat the phenomen, before considering legislation ofn letterbox companies by applying more generally the principle that each company should have a single corporate headquarters; recalls the rejection by the Committee on Employment and Social Affairs of the proposal for a directive on single-person limited liability, the scale of practice of this kind of companies and its actual impact on the road transport and labour markets must be identified and determined in order to effectively tackle the problem as well as to combat the phenomenon of letterbox companies which were exclusively established for the purpose of tax evasion. In relation to this, on using hired vehicles in the framework of the current provisions of Directive 2006/1/EC, simplification of the existing rules should not exclude normal residence as a criterion for registration of a hired vehicle. Keeping of the place of residence criterion is a prerequisite to combat the phenomenon of letterbox companies;.
Amendment 347 #
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 361 #
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 397 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Wishes periods of postings to be limited in Directive 96/71/EC and temporary employment agencies to be excluded from the scope of the directiveCalls on Member States to recognize and apply in practice that Directive 96/71/EC provides that postings are "temporary", and there is a strong limitation, which is the validity of the A1 form, issued for a maximum of 2 years. This is already a form of limitation, because after this time the employee needs to return to the country of origin, or his/her employer needs to start paying social insurance contributions in the host country. Currently temporary agencies are included in the scope of posting. In addition, temporary agencies, if they want to apply for A1 forms for their employees, have to meet very strict requirements as well (substantial activity etc.);
Amendment 425 #
Motion for a resolution
Subheading 3
Subheading 3
Amendment 427 #
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 442 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on the Member States to ensure the correct functioning of the internal market, a unified interpretation of existing EU law among Member States should be developed and maintained; measures for extension and coordination of road controls should be executed; and common rules and procedures for detection of infringements at EU level and common training practices for controllers should also be developed;
Amendment 450 #
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 472 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Asks the Commission to clarify the provisions so that a distinction can be drawn between employees and self- employed workers to combat 'bogus self employment'; emphasises that airline pilots and train drivers cannot be considered to be independent of the companies for which they work;,
Amendment 489 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Believes that the rules on cabotage are not sufficiently precise, which facilitates the praguiding principle for any action in relation to cabotage should be the White Paper on Transport objecticve of some road operators of engaging in permanent cabotage; wishes cabotage operations to be subject to mandatory prior notification;to pursue the elimination of remaining restrictions on cabotage in order to complete step-by-step the Single European Transport Area.
Amendment 506 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on the Member States and the Commission to consider the rule of 3 drives within 7 days for cabotage provided for in Regulation (EC) No 1072/2009 as the right step towards a future full liberalization. Even though the market share of cabotage within transport industry is overall very marginal, the next step in any forthcoming revision should therefore be the lifting of the limit on the number of drives within the period of 7 days;
Amendment 512 #
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 529 #
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 539 #
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 556 #
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 568 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission rapidly to draw up proposals to combatto initiate a consultation to identify unfair competition in the digital and sharing economy with special regards to automatisation and robotics;
Amendment 590 #
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 623 #
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 656 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. SupportsEven though the development of unemployment benefit arrangements debated between 2012-2014 without conclusion, as a mechanism for absorbing asymmetric social shocks within the euro area; can be questioned based on the fact that each Member State has its own traditions and practices and the fact that convergence in incomes was faster in Europe than elsewhere (GDP per capita levels in 1970 and growth from 1970 to 2009);1 a __________________ 1a Raiser, Martin; Gill, Indermit S.. 2012. Golden Growth : Restoring the Lustre of the European Economic Model. Washington, DC: World Bank. © World Bank. https://openknowledge.worldbank.org/han dle/10986/6016 License: CC BY 3.0 IGO., p. 41
Amendment 666 #
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 697 #
Motion for a resolution
Paragraph 29
Paragraph 29
29. Considers that Directive 96/71/EC and the rules coordinating social security systems must be revised before any trade agreement including provisions relatWTO Mode 4 (Mode 4) regulation of the employment of posted workers from a third country and taking place within the framework of trade agreements can only be achieved with reference to the regulations and directives regulating the internal mobility of workers employed by enterprises established in EU Member States; considers, in view of this, that a means for European investments ing to 'Mode 4' can be concludedhird-country enterprises must be opened up, but it cannot lead to more favourable treatment of the interested parties than the enterprises and workers of EU Member States receive;