44 Amendments of Georges BACH related to 2015/2255(INI)
Amendment 6 #
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to Articles 151 and 153 of TFEU as well as Article 9 TFEU guaranteeing adequate social protection,
Amendment 11 #
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
- having regard to Council Regulation (EEC) No 3577/92 of 7 December 1992 concerning the application of the principle of free movement of services to maritime transport within Member States, __________________ 1a OJ L 364, 12.12.1992, p. 7.
Amendment 15 #
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
- having regard to the recently adopted decision on Establishing the European Platform to enhance cooperation in the prevention and deterrence of Undeclared Work,
Amendment 34 #
Motion for a resolution
Recital A
Recital A
A. having regard to the increased trend towardsexisting phenomena of undeclared work, and bogus self- employment, outsourcing and subcontracting, which leading to an increase in precarious jobs and deterioratinge levels of worker protection,; having regard to an increasing trend towards outsourcing and subcontracting which may create possibilities to abuse existing labour and social law;
Amendment 69 #
Motion for a resolution
Recital C
Recital C
C. whereas the Court of Justice of the European Union in its judgment in case C- 341/05 Laval of 18 December 200710 highlighted on one hand the legitimacy of the struggle against social dumping, and delimitation of respective actions based on the provisions of the Treaty on the other; __________________ 10 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 77 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. having regard to the fact that there is no legal definition of social dumping which may create confusion with respect to respective recommendations and their application;
Amendment 84 #
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. having regard that to the fact that there are different ways on how "social dumping" is being interpreted and that for the purpose for this report social dumping should be considered as "the intended abuse or circumvention of existing European and national laws in order to gain competitive advantage while unlawfully minimising labour and operational costs and not respecting workers' rights;
Amendment 87 #
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission and the Member States to suspend such business practices asban 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 and to limit other forms of atypical employment having adverse impact on safety levels;
Amendment 88 #
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. having regard to the distinction in the EU law of rules governing the free movement of workers, the right of establishment and the freedom to provide services;
Amendment 92 #
Motion for a resolution
Recital D
Recital D
D. having regard to the importance of the principle of 'equal pay and social protectioArticle 45 of TFEU stipulating that freedom of movement shall entail the abolition of any discrimination based on nationality between fwor the same work at the same place' for all European workers,kers of the Member States as regards employment, remuneration and other conditions of work and employment;
Amendment 104 #
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;
Amendment 105 #
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for increased controls on the implementation of working time and rest time in transport; Calls for the introduction of appropriate control devices, using modern technology, for all transport modes for professional use so as to monitor working and rest time effectively, with a view to ensuring proper implementation of existing legislationincluding inland waterway transport and railways;
Amendment 109 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the construction, catering, agriculture, health and transport sectors are those most frequently affected by social dumping; whereas the transport sector is a case apart, given the high mobility of workers;
Amendment 121 #
Motion for a resolution
Recital D b (new)
Recital D b (new)
D b. having regard to the fact that one of the main principles of EU policies is a social cohesion, which means a constant and ongoing approximation of wages and social security protection guaranteed to all workers, be it local or mobile;
Amendment 146 #
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the EU and Member States to extent these principles to cross-border services in the railway sector;
Amendment 152 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to submit a proposal for a directive based onall the Member States to ratify ILO Convention No. 81 on labour inspection;
Amendment 162 #
Draft opinion
Paragraph 8
Paragraph 8
8. Calls for the creation of a European Road Transport Agency to ensure proper implementation of EU legislation and promote standardisation across all Member States, including the social dimension, such as working conditions and labour issues in road transport; An agency will furthermore stimulate equal-share participation of all Member States in cross-border enforcement;
Amendment 170 #
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls for the mandatory introduction of the new generation of 'smart tachograph' to all commercial vehicles engaged in cabotage and international transport, two years after newly registered vehicles are required to be equipped with it. This, has the solely effective means to control compliance with cabotage rules and determine the driver's habitual workplace;
Amendment 177 #
Draft opinion
Paragraph 9
Paragraph 9
9. Stresses that the social dimension of the Aviation Package published by the Commission'Commission Aviation Strategy for Europe' published on 7 December 2015 must be strengthened as quality employment and good working conditions are directly linked to the maintenance of the safety and security of both passengers and staff; underlines furthermore, in this connection, the need for the Commission and the Member States to monitor and ensure proper enforcement of national social legislation and collective agreements for airlines having operational bases on EU territoryoperating under an EU Member;
Amendment 181 #
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Recommends pinning down the concept of 'principal place of business' so that the operating licence is granted by a state if the volume of air transport therein is substantial and also, in the context of the coordination of social security systems and labour law, alignment of the definition of 'Home Base' as per Regulation (EU) No 83/2014 and Regulation (EU) No 465/2012; highlights the need to shorten the transitional period and clarify the situation of aircrew that have multiple home bases;
Amendment 191 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for the creation of a European body of cross-border labour inspectors to carry obetter and more efficient cooperation and exchange of information between Member States' administrations responsible for labour inspections and for distribution of social security contribut ion-the-spot checks in suspected cases of social dumping, including by identifying 'letterbox companies', which body woulds in order to detect in a timely and efficient ways cases of breach of labour and social law; calls on Member States to use all possibilities given by the Enforcement Directive on the posting of workers 2014/67/EU in order to identify and penalise 'letterbox companies'; recommends to the Commission to consider changing the Eurodetachement projects into a permanent platform of exchange, common training and collaboration for labour inspectors and public officials of liaison offices on Posting involved in control and monitoring, which could be included or work in coordination with the platform against undeclared work in order to limit the financial burden involved;
Amendment 193 #
Draft opinion
Paragraph 10
Paragraph 10
10. Stresses the need for a new groundhandling regulation, that will provide social protection for workers; calls for an improved Regulation (EC) No 1008/2008 to ensure binding application of national labour legislto ensure mandatory social protection for workers in the event of change of operator, new calls for tenders or the partial loss of work; Tendering organizations for airlines having European operational bases and to improve the definiuthorities must include social standards and criteria in tender specifications of ‘homebase’ for crew members;n the basis of existing social standards in the place where the service is provided.
Amendment 198 #
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls for an improved Regulation (EC) No 1008/2008, notably, to ensure binding application of national labour legislation for airlines operating under an EU Member State's Air Operator's Certificate and to update, harmonise and improve the definition of 'homebase' for crew members;
Amendment 241 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to submit a proposal for a directive based onall the Member States to ratify ILO Convention No. 189 on decent work for domestic workers;
Amendment 311 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Calls on the Member States for the efficient implementation and enforcement of Directive 96/71/EC and Directive 2014/67/EU, in order to ensure a fair treatment of posted workers and prevent abuses; stresses, however, the need for a continuing and detailed assessment of the effectiveness of the legal framework for the posting of workers;
Amendment 313 #
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9 b. Calls on the Commission to take action to remove shortcomings which have been identified in the current rules, in order to combat social dumping and social and fiscal fraud effectively;
Amendment 329 #
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 headquarterarefully monitor the implementation of the Enforcement Directive on the posting of workers in terms of its effectiveness in combating the phenomenon of letterbox companies; recalls the rejection by the Committee on Employment and Social Affairs of the proposal for a directive on single-person limited liability companies as some of the provisions suggested could facilitate creation of this kind of entities;
Amendment 333 #
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; recalls the rejection by the Committee on Employment and Social Affairs of the proposal for a directive on single-person limited liability companies;
Amendment 371 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the nodefinition of 'minimum wage'the terms and conditions of employment contained in Directive 96/71/EC should be revisclarified 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 419 #
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Calls on the Commission to face new challenges with respect to social protection of workers in digital and sharing economy and to draw up proposals where necessary;
Amendment 438 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for increased controls on the implementation of working time and rest times in transport; calls for the introduction of automatic digital records and the development of 'smart tachographs' for all means of transport, including inland waterway and rail transport; recalls the desire expressed in its resolution of 3 July 2012 on road transport that 'by 2020 all vehicles which are not exempted from the application of this Regulation in accordance with paragraphs 2 and 3 (...) shall be fitted with a smart tachograph’12; recalls that Regulation (EU) No 165/2014 on tachographs in road transport does not apply to vehicles of less than 3.5 tonnes and that it is therefore possible that existing legislation is being evaded; __________________ 12 www.europarl.europa.eu/sides/getDoc.do? type=TA&reference=P7-TA-2012- 0271&language=EN&ring=A7-2012- 0195#BKMD-7
Amendment 457 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls for the creation of a European transport agency bringing together existing agencies; takes the view that at the very least a specific road transport agency is needed;
Amendment 462 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the Commission to set up a cooperation forum where prosecutors and law enforcement authorities can exchange information on best practices and cooperate more closely on improving implementation of social legislation in the field of road transport, at both national and transnational levels;
Amendment 493 #
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; calls for clarity in this respect in order to make sure which terms and conditions of employment and administrative requirements should apply;
Amendment 504 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. calls on the Commission to apply in a collective manner, to mobile personnel in road transport, Article 8(2) of Regulation (EC) No 593/2008 (Rome I) designed to ensure adequate protection for employees, as interpreted by the ECJ ruling on the Koelzsch case1a , as this would be the most effective way to fight social dumping in road transport; __________________ 1aC-29/10 Judgment of the Court (Grand Chamber) of 15 March 2011, Heiko Koelzsch v État du Grand Duché du Luxembourg
Amendment 505 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on the Commission to clarify the working and employment conditions applicable to haulage workers operating in the territory of another Member State, when engaging in transit or cabotage work; also encourages the Commission to reflect on a specific arrangement for highly mobile workers to defend their rights and ensure the smooth functioning of that sector;
Amendment 515 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses the need for a new regulation on groundhandling at airports to ensure mandatory social and wage protection for workers in the event of change of operator, new calls for tenders or the partial loss of work; supports the introduction of rules to ensure the effective implementation of laws with regard to airlines with 'operational bases' on the territory of a Member State; calls for the clartendering authorities must include mandatory social standards in tender specifications ofn the definition of 'home base' to protect the social rights of cabin crews, in particular their rest periodsbasis of existing social standards in the place where the service is provided;
Amendment 548 #
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 (regardless of the flag it flies) 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 workersMember State with which the seafarer's work is most closely connected;
Amendment 560 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission, drawing on the US Jones Act, to take the necessary measures to ensure that vessels carrying goods between two or more European ports are built in Europe, fly an EuropeanEA flag and are owned by a European companycompany situated in the EEA and mainly manned by EEA-domiciled seafarers; calls for the law that is applicable to be associated with the country in which the vessel owner is basseafarers employment agreement to be governed by the Member State with which the seafarer's work is most closely connected;
Amendment 580 #
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Takes the view that existing social protection schemes should be adapted to fit the special characteristics of the digital and sharing economy to ensure appropriate social protection for the workers concerned;
Amendment 672 #
Motion for a resolution
Paragraph 27
Paragraph 27
27. CRecalls on the Commission to propose a legal instrument to address the cross- border dimensions of outsourcing, extending the joint and several liability of the payer to include all economic sectors athat Member States can set up, in consultation with the concerned social partners, "joint and several liability" mechanisms at national level applicable towards local and foreign companies in order to enable local and foreign workers to execute their rights; reminds the entire subcontracting chainat such a possibility was confirmed by the Enforcement Directive on the Posting of workers;
Amendment 676 #
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Recognizes the risks related to long chains of subcontracting; calls on the Commission to carefully monitor the application of the obligation put on Member States in the Enforcement Directive to provide for measures ensuring that in the construction sector in subcontracting chains posted workers can hold the contractor of which the employer is a direct subcontractor liable for the respect of their workers' rights;
Amendment 699 #
Motion for a resolution
Paragraph 29
Paragraph 29
29. Considers that Directive 96/71/EC and the rules coordinating social security systems must be revianalysed before any trade agreement including provisions relating to 'Mode 4' can be concluded;
Amendment 702 #
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29 a. Asks the Commission to take the recommendations in this resolution into account as far as possible in the ‘worker mobility package’;