39 Amendments of Karima DELLI related to 2015/2255(INI)
Amendment 19 #
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
- having regard to the Eurofound report entitled “Posted workers in the European Union (2010)1a” and the national reports, __________________ 1a http://www.eurofound.europa.eu/publicati ons/report/2010/working-conditions- industrial-relations/posted-workers-in- the-european-union
Amendment 19 #
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas the transport sector is facing challenges with the increase of unfair practices such as "flags of convenience" and the use of atypical and precarious employment arrangements which give rise to downgrading of workers' terms and conditions and have a negative effect on safety;
Amendment 35 #
Draft opinion
Paragraph 1
Paragraph 1
1. Calls on the Member States to swiftly implement all relevant social legislation covering the transport sector; strongly urges the Commission to propose measures to address existing unfair and exploitative employment practices across all transport modes and to monitor more closely the implementation and proper enforcement of the existing legislation, as well as eradicating existing legislative loopholes;
Amendment 42 #
Motion for a resolution
Recital A
Recital A
A. having regard to the increased trend towards undeclared work, bogus self- employment, outsourcing and subcontracting, leading to an increase in precarious jobs and workers exploitation as well as deteriorating levels of worker protection and job quality in general,
Amendment 44 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Emphasizes that social dumping is prevalent in those modes that are less sustainable in terms of their social, environmental and safety performance, like road and air, and where this leads to increasingly unfair intra- and inter-modal competition;
Amendment 49 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. having regard to the multiplication of opportunities for workers exploitation, in employment relations presenting extraterritorial features, such as the transnational posting of workers, cross border transport –by road, by air and by inland and maritime waterways;
Amendment 50 #
Draft opinion
Paragraph 2
Paragraph 2
2. Recognises the job-creating potential in the EU transport and tourism sectors; firmly believes that employment in the EU transport sector should be made more attractive for future generations; considers in particular that women’s participation must be boosted; requests the Commission to propose a review of regulation 868/2004 and to analyse the causes of its non-implementation;
Amendment 54 #
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas good working conditions, which protect physical and mental health, are a fundamental workers’ right1 a and have positive value in themselves; __________________ 1aCharter of Fundamental Rights of the European Union, Article 31(1): Every worker has the right to working conditions which respect his or her health, safety and dignity.
Amendment 58 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Urges the Commission to ensure that proposals on the opening-up of services in all transport markets go hand in hand with the proper enforcement of EU social legislation, and with support measures to avoid disparities in social conditions in the different Member States; stresses that the opening-up of transport markets should not lead to downgrading of terms and conditions for workers, poorer-quality services, unfair business practices, creation of monopolies or distortion of fair competition in respect to the social protection of transport workers;
Amendment 65 #
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to enhance social dialogue in the transport and logistics sectors as a whole, including postal and delivery services; underlines the importance of targeting unfair competition through exploitative employment practices where it already exists;
Amendment 66 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Reminds the Commission that abolishing social dumping will also lead to better quality of (public) transport services;
Amendment 89 #
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission and the Member States to suspendcombat and outlaw effectively such business practices as precarious contracts (bogus self- employment, zero-hour contracts, pay- to- fly-schemes, etc.), letter-box companies and flags of convenience in order to ensure the social protection of workers; calls for the adoption of a social code, and where appropriate legislation ensuring minimum standards for transport workers;
Amendment 108 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas dumping, whether social, fiscal or environmental, is contrary to European values as it endangers the protection of EU citizens’ rights 1 a; __________________ 1a http://www.europarl.europa.eu/sides/getD oc.do?pubRef=-//EP//TEXT+TA+P8-TA- 2015-0252+0+DOC+XML+V0//EN
Amendment 124 #
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas in those Member States where the minimum wage is inadequate the posting of workers may force down wages for other workers in the host country, and effectively cause unfair competition;
Amendment 145 #
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls for the development of a public list of the companies responsible for serious infringements of EU legislation, access to public procurement, public subsidies and EU funds must be refused to these companies for a period fixed by law;
Amendment 174 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on Member States to increase the staffing levels and resources of their labour inspectorates andfor their social labour inspection in order to achieve the goal of having one labour inspector for 10 000 workers, in accordance with ILO recommendations; calls on the Committee of Senior Labour Inspectors (SLIC) to submit proposals for the creation of a European body of labour inspectors, whose expertise would be valuable in the field of the posting of workers or the cross-border trade in services; calls on Member States to increase the staffing levels and resources for their liaison offices, in particular for interpretation and translation;
Amendment 180 #
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls the EU and the Member States to reinforce the connection between social and environmental standards and quality of service as well as safety - in particular physical and mental health and fatigue
Amendment 212 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for the creation of a European body of cross-border labour inspectors to carry out on-the-spot checks in suspected cases of social dumping, including by identifying 'letterbox companies', which body would work in coordination with the platform against undeclared work in order to limit the financial burden involved; calls for increasing controls of recruitment agencies which are often involved in different forms of abuse and labour exploitation;
Amendment 277 #
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, in cooperation with those of the sending State, should be able to revise form A1 in the event of serious doubts about whether a posting is genuine; calls on the Commission and the Member States to take all the measures required to ensure that the European Electronic Signature Standardisation Initiative (EESSI) is fully operational and used by all Member States;
Amendment 288 #
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'1; wishes all the information associated with the worker's postings to feature on this card, and for the protection of this personal data to be guaranteed; __________________ 1 http://www.europarl.europa.eu/sides/getDo c.do?pubRef=-//EP//TEXT+TA+P7-TA- 2014-0012+0+DOC+XML+V0//FR
Amendment 303 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls for a public list to be drawn up of enterprises responsible for serious breaches of EU legislation; related to employment, such as undeclared work;
Amendment 305 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls for a public list to be drawn up of enterprises responsible for serious breaches of EU legislation, and for these enterprises to be denied access to public contracts, public subsidies and EU funds for a statutory period;
Amendment 322 #
Motion for a resolution
Subheading II
Subheading II
II. Addressing regulatory gaps in order to implement the principle of 'equal pay and equal social protection for the same work' and to prevent exploitation of mobile workers
Amendment 334 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to combat the phenomenon of letterbox companies by applying more generally the principle that each company should have a single corporate headquarterin cases of free provision of services with temporary posted workers, each company involved should perform a 'genuine 'activity', and therefore be genuine undertakings; recalls the rejection by the Committee on Employment and Social Affairs of the proposal for a directive on single-person limited liability companies;
Amendment 339 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. calls on the Commission to combat the phenomenon of letterbox companies by applying more generally the principle that each company should have a single corporate headquarters; calls for consideration to be given to urgent measures to suspend a company’s operations in order to prevent fraudulent petitions for bankruptcy; recalls the rejection by the Committee on Employment and Social Affairs of the proposal for a directive on single-person limited liability companies;
Amendment 385 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Calls on the Commission and the Member States to reflect, in the Administrative Commission for the Coordination of Social Security Systems, on allowing Member States to repay to another Member State contributions unduly withheld and to collect the original contributions in another Member State when that Member State allows them to do so;
Amendment 408 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Wishes periods of postings to be limited in Directive 96/71/EC, consistent with Regulation (EC) No 883/2004, and temporary employment agencies to be excluded from the scope of the directive;
Amendment 414 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on Member States to improve transnational and local cooperation between public institutions, trade unions and NGOs to address the often very complex problems of migrant worker and to take into account labour conditions as well as all other elements related to the quality of life including general health, social inclusion and accommodation;
Amendment 415 #
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Calls for the improvement of reception and accommodation services offered to migrant workers by local institutions, to also protect migrant workers from the control exercised by employers within their accommodation;
Amendment 420 #
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Calls on Member States to make it mandatory for employers to provide an employment contract in a language known by EU mobile citizens, in order to make the labour contract understandable for workers;
Amendment 423 #
Motion for a resolution
Paragraph 13 d (new)
Paragraph 13 d (new)
Amendment 501 #
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 notification; wishes combined transport to be brought within the scope of Regulation (EC) No 1072/2009 to eliminate exceptions and establish rules on cabotage that are easier to apply; believes that the Member States should commit themselves to allocating sufficient resources to ensure that inspections are frequent and fair, and conducted at least every two years;
Amendment 522 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Deplores the fact that Regulation (EC) No 868/2004 has never been applied, and calls for it to be revised as soon as possible to combat unfair pricing practices in Europe, and to promote fair and sustainable intra- and intermodal competition in a more effective way, so as to ensure reciprocity and prevent unfair practices;
Amendment 525 #
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Points out that, in accordance with the amendments made to the Rome I European rules on mobile workers in 2012, the applicable social law must be that ‘of the State from which’ the commercial operation or service takes place;
Amendment 526 #
Motion for a resolution
Paragraph 18 c (new)
Paragraph 18 c (new)
18c. Calls for the concept of ‘the place of establishment’ to be made specific so that an operating permit is granted by a Member State if the volume of a company’s air transport business there is significant, while ensuring full coordination of social security systems in compliance with European labour law;
Amendment 527 #
Motion for a resolution
Paragraph 18 d (new)
Paragraph 18 d (new)
18d. Calls for a revision of Regulation (EU) No 83/2014 to ensure compliance with labour law and rest time for airline companies’ flight crews;
Amendment 551 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission shortly to submit a proposal for a directive on requirements with regard to the crews of vessels providing regular cargo, passenger and ferry services operating between Member States so that the conditions applicable on board a vessel are those of the State applying the most favourable standards for workers; calls on the Commission to progressively prohibit the practices of Member States that issue ‘European flags of convenience’; stresses, in order to ensure maritime safety, environmental protection and respect for social rights, that the Member States or the authorities responsible can ask for vessels carrying out commercial operations in port to be registered under the national flag of the Member State of the port concerned;
Amendment 573 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission rapidly to draw up proposals to combat unfair competition in the digital and sharing economyby undertakings with a background of digital platform capitalism;
Amendment 685 #
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the Commission to propose an appropriate legislative vehicle providing that companies have a duty of care for which they may be held liable, in respect of both their subsidiaries and their subcontractors operating in third countries, in order to prevent the risk of violations of human rights, corruption, severe physical injury or environmental damage and the violation of ILO Conventions; proposes, for this purpose, the inclusion in outsourcing contracts of a clause guaranteeing advance declaration and direct payment of sub-contractors by the principal, in order to ensure joint and several liability in the outsourcing chain;