23 Amendments of Jutta STEINRUCK related to 2015/2349(INI)
Amendment 3 #
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas the Commission in its Communication on ‘A European agenda for the collaborative economy’ (COM 2016/356) points out that flexible work arrangements in the collaborative economy create uncertainty as to applicable rights and the level of social protection and that the boundaries between self-employed and workers are increasingly blurred; whereas the Commission advocates for a case by case assessment regarding the existence of an employment relationship based on the existence of a subordination link, the nature of work and the presence of remuneration;
Amendment 8 #
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas the European sectorial social partners are concerned about unfair competition on intra-city mobility markets due to the emergence of ‘ride- sharing for reward platforms’ which are often associated with unfair competition due to the avoidance of tax payments and social security contributions as well as the circumvention of employment and social standards;
Amendment 11 #
Draft opinion
Recital A c (new)
Recital A c (new)
Ac. whereas according to recent findings there is a tendency to shift the responsibility for social security payments and employment benefits in the transport sector to subcontractors and self- employed drivers; whereas there is a risk that self-employed drivers are pushed into precarious working conditions, while bogus self-employment expands at the same time 1a ; __________________ 1aReport commissioned by the European Commission on the State of the EU Road Haulage Market (2014), Task A: Collection and Analysis of Data on the Structure of the Road Haulage Sector in the European Union (3 February 2014); on http://ec.europa.eu/transport/modes/road/ studies/doc/2014-02-03-state-of-the-eu- road-haulage-market-task-a-report.pdf
Amendment 14 #
Draft opinion
Recital A d (new)
Recital A d (new)
Ad. whereas the use of light goods vehicles (LGVs) is expanding; whereas LGVs are exempted from EU regulations such as tachograph rules, access to occupation as well as drivers’ training and qualification; whereas this constitutes a challenge for road safety, fair competition and occupational health and safety;
Amendment 16 #
Draft opinion
Recital A e (new)
Recital A e (new)
Ae. whereas the OECD considers good-quality jobs an essential factor to tackle high inequality and promote social cohesion 1b ; __________________ 1bPresentation by Mark Pearson, Deputy Director, OECD Directorate for Employment Labour and Social Affairs at the EMPL-ECON hearing on inequalities on 21 June 2016; on https://polcms.secure.europarl.europa.eu/ cmsdata/upmloas/e54ad36f-29cb-4c77- a9c7-2e4e2858fe55/Microsoft%20- %20Inequality%20OECD%Pearson.pdf
Amendment 22 #
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses the need for a regulatory and administrative environment that encourages investment and access to financing, and fosters sustainable growth and quality jobs within small transport businesses;
Amendment 25 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Commission and the Member States, in cooperation with the social partners, to regularly assess the impact of digitalisation on the number and types of jobs in the transport sector and to ensure that employment and social policies keep pace with the digitalisation of the transport labour market;
Amendment 36 #
Draft opinion
Paragraph 2
Paragraph 2
2. Notes the opportunities of the collaborative economy and the Digital Single Market for job creation and more inclusive growth within small transport businesses; stresses, however, that the collaborative economy must not lead to an avoidance of tax and social contributions, nor to non-compliance with employment and social legislation; calls on the Commission to publish guidelines on how EU law applies to the various types of collaborative business models in order to eliminate regulatory uncertainty;
Amendment 37 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that developments regarding collaborative business models in the transport sector should be addressed in the context of a broader debate on fair competition and fair transport for all;
Amendment 39 #
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Notes concerns that new business and employment models, such as ‘ride- sharing for reward platforms’, agency work, zero-hour contracts or pay-to fly schemes, are implemented in the transport sector without any proper impact assessment regarding safety as well as social and employment standards; stresses that all transport service providers, including the ones from the collaborative economy, need to comply with the required health and safety provisions and should be bound by minimum safety and registration standards such as licences for drivers and pilots as well as transport certificates;
Amendment 41 #
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Notes that the number of part-time workers, agency workers and self- employed persons in the transport sector has increased and that the general trend is towards more flexible employment contracts which in some circumstances can cause precarious employment without adequate protection for employees; notes that new, flexible employment contracts must exclude potential risks such as worker overload or pay levels that are not commensurate with performance; stresses therefore the need for labour market flexibility on the one hand and for the economic and social security for workers on the other; stresses that lowering labour costs by reducing working conditions and employment standards should not be considered as flexibility;
Amendment 42 #
Draft opinion
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Stresses the importance of monitoring compliance with mandatory driving and resting times as well as working hours in the transport sector; believes that monitoring should take place by means of digital monitoring devices installed in vehicles; recalls that Regulation (EU) No 165/2014 on tachographs in road transport does not apply to vehicles of less than 3.5 tonnes (LGVs); calls therefore for checks on working and rest times to be stepped up; recalls that all tasks in relation to the activity of an employee are to be considered working time; stresses likewise the importance of monitoring compliance with European and national legislation regarding the protection of health and safety at work, including conditions in vehicles, for all people involved in postal deliveries irrespective of whether their employment status is self-employed, subcontractor, temporary staff member or contract worker;
Amendment 45 #
Draft opinion
Paragraph 3
Paragraph 3
3. Encourages the social partners to negotiate collective agreements for all transport services in line with national laws and practicesWelcomes the important role of trade unions, who in many Member States work together with transport service providers in an effort to make the transformation of the transport sector socially sustainable; highlights the importance of strong and independent social partners in the transport sector, an institutionalised social dialogue and the participation of employees in company matters; encourages the social partners to negotiate collective agreements for all transport services in line with national laws and practices, as they are an effective instrument to ensure decent social and employment standards; encourages SMEs in the sector to establish associations or platforms which support them in this regards and keep them informed;
Amendment 48 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission and the Member States to ensure, in line with national law and practice, that the principle of equal pay for equal work at the same place as advocated by Commission President Juncker is also applied in the transport sector;
Amendment 58 #
Draft opinion
Paragraph 4
Paragraph 4
4. Is concerned about the rise of precarious employment, bogus self- employment, undeclared work and social dumping in the transport sector; calls on the Commission to request information from the Member States on these problems and exchange best practices on how to tackle them; calls on the Member States to guarantee fair competition and ensure decent working conditions and the highest possible level of social protection for all workers;
Amendment 61 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Criticises the European Commission’s communication ‘A European Agenda for the collaborative economy’ for its biased and over- enthusiastic position on the collaborative economy; is particularly worried about the Commission’s recommendation to Member States to consider imposing market access requirements only if a set of narrowly defined criteria apply (price setting competence, mandatory terms and conditions, ownerships of key assets); is worried that through these recommendations Member States are prevented from correcting market failures and are hindered from setting adequate consumer protection and labour standards in the digital economy; warns that the freedom to provide services should not take precedence over nationally guaranteed consumer protection and labour standards.
Amendment 62 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission and the Member States to tackle bogus self- employment in the transport sector; urges the Member States, more generally, to prevent the flexibility of employment contracts from having a negative impact on workers; calls furthermore on the Commission and the Member States to examine the need to fill any potential regulatory gaps in order to avoid an increase in precarious and bogus self- employment;
Amendment 63 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Points out that the collaborative economy also gives rise to precarious forms of employment to which standards as regards social security, working time, worker participation and employment protection no longer apply; asks the European Commission to suggest a legislative framework for the protection of workers in the collaborative economy, clarifying under which circumstances an employment relationship exists; considers that some online platforms are structurally similar to temporary agencies and calls on the Commission to elaborate in how far a revision of the directive on temporary agency work would be suitable to guarantee a minimum of labour standards for workers in the collaborative economy; stresses that a legislative proposal from the European Commission is urgently needed in order adequately protect workers and create a level playing field for businesses in the digital labour market, which operates on a cross-border basis;
Amendment 64 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls on the Commission and the Member States to guarantee all workers in the transport sector decent working conditions, including the required level of health and safety protection at work regardless of the size and type of the company which employs them, the place of employment or the underlying contract; stresses the importance of health and safety at work, particularly in the light of demographic changes and the high level of mobility of workers in the transport sector;
Amendment 65 #
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Draws attention to a number of instances of unfair competition in the transport sector, which is often at the expense of small transport businesses; recalls that unfair competition can contribute to the degradation of working conditions; calls on the responsible authorities to adequately sanction any misconduct in this regard;
Amendment 66 #
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Invites the Commission to consider the creation of a European Road Transport Agency to ensure proper implementation of EU legislation, including social and employment standards, and to promote standardisation and cooperation between all Member States in road transport;
Amendment 71 #
Draft opinion
Paragraph 5
Paragraph 5
5. Is concerned about the misuse of subcontracting in the transport sector to circumvent working and employment standards; calls on the Commission and the Member States to introduce and strengthen laws on joint and several liabilityhighlights in this context the long-term social and financial implications of precarious employment for individuals as well as for social security systems; calls on the Commission and the Member States to introduce and strengthen laws on joint and several liability, put limits to subcontracting and increase monitoring of transport operators and their subcontractors as regards employment and working conditions;
Amendment 84 #
Draft opinion
Paragraph 7
Paragraph 7
7. Highlights the importance of 21st century skillsPoints out that as result of restructuring and the introduction of new activities and technologies workers need to adapt to new circumstances and learn new skills; highlights the importance of 21st century working skills, such as digital skills, team working, critical thinking and problem solving, and calls on the social partners and ons well as education and training institutions to develop related skills strategies for small transport businesses.; stresses that the key to a socially sustainable transformation and adaptation in the transport sector lies in employee training; regards it as the employer’s task to acquaint employees properly with new technologies such as IT and tracking applications; stresses that in the case of temporary contracts, the agency supplying the staff must give them adequate preparation and training;