48 Amendments of Tomáš ZDECHOVSKÝ related to 2024/0006(COD)
Amendment 96 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2009/38/EC
Article 1 – paragraph 4 – subparagraph 1
Article 1 – paragraph 4 – subparagraph 1
4. Matters shall be considered to be transnational where they can reasonably be expected to concern the Community- scale undertaking or Community-scale group of undertakings as a whole, or at least two undertakings or establishments of the undertaking or group situated in two different Member States.
Amendment 96 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2009/38/EC
Article 1 – paragraph 4 – subparagraph 1
Article 1 – paragraph 4 – subparagraph 1
4. Matters shall be considered to be transnational where they can reasonably be expected to concern the Community- scale undertaking or Community-scale group of undertakings as a whole, or at least two undertakings or establishments of the undertaking or group situated in two different Member States.
Amendment 103 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2009/38/EC
Article 1 – paragraph 4 – subparagraph 2 – point a
Article 1 – paragraph 4 – subparagraph 2 – point a
Amendment 103 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2009/38/EC
Article 1 – paragraph 4 – subparagraph 2 – point a
Article 1 – paragraph 4 – subparagraph 2 – point a
Amendment 112 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2009/38/EC
Article 1 – paragraph 4 – subparagraph 2 – point b
Article 1 – paragraph 4 – subparagraph 2 – point b
Amendment 112 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2009/38/EC
Article 1 – paragraph 4 – subparagraph 2 – point b
Article 1 – paragraph 4 – subparagraph 2 – point b
Amendment 125 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2009/38/EC
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4a. In order to determine the transnational character of a matter, the scope of its possible effects on the workforce and the level of management and representation involved shall be taken into account. This includes matters which are of concern to workers in terms of the scope of their potential impact in two or more Member States, as well as matters which involve the transfer of activities between two or more Member States.
Amendment 125 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2009/38/EC
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4a. In order to determine the transnational character of a matter, the scope of its possible effects on the workforce and the level of management and representation involved shall be taken into account. This includes matters which are of concern to workers in terms of the scope of their potential impact in two or more Member States, as well as matters which involve the transfer of activities between two or more Member States.
Amendment 149 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point –a (new)
Article 1 – paragraph 1 – point 3 – point –a (new)
Directive 2009/38/EC
Article 5 – paragraph 2 – introductory part
Article 5 – paragraph 2 – introductory part
Amendment 149 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point –a (new)
Article 1 – paragraph 1 – point 3 – point –a (new)
Directive 2009/38/EC
Article 5 – paragraph 2 – introductory part
Article 5 – paragraph 2 – introductory part
Amendment 164 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b – indent 1
Article 1 – paragraph 1 – point 3 – point b – indent 1
Directive 2009/38/EC
Article 5 – paragraph 6 – subparagraph 1
Article 5 – paragraph 6 – subparagraph 1
“These expenses shall include reasonable costs ofor one experts, including for legal assistance, insofar as necessaryseen as explicitly necessary by both sides for that purpose, as well as necessary and reasonable costs of legal representation and participation in administrative or judicial proceedings. Expenses shall be notified to and approved by central management before they are incurred.”;
Amendment 164 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b – indent 1
Article 1 – paragraph 1 – point 3 – point b – indent 1
Directive 2009/38/EC
Article 5 – paragraph 6 – subparagraph 1
Article 5 – paragraph 6 – subparagraph 1
“These expenses shall include reasonable costs ofor one experts, including for legal assistance, insofar as necessaryseen as explicitly necessary by both sides for that purpose, as well as necessary and reasonable costs of legal representation and participation in administrative or judicial proceedings. Expenses shall be notified to and approved by central management before they are incurred.”;
Amendment 171 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b – indent 2
Article 1 – paragraph 1 – point 3 – point b – indent 2
Directive 2009/38/EC
Article 5 – paragraph 6 – subparagraph 2
Article 5 – paragraph 6 – subparagraph 2
Amendment 171 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b – indent 2
Article 1 – paragraph 1 – point 3 – point b – indent 2
Directive 2009/38/EC
Article 5 – paragraph 6 – subparagraph 2
Article 5 – paragraph 6 – subparagraph 2
Amendment 175 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a – indent 1
Article 1 – paragraph 1 – point 4 – point a – indent 1
Directive 2009/38/EC
Article 6 – paragraph 2 – point c a (new)
Article 6 – paragraph 2 – point c a (new)
(ca) the matter of the Community-scale undertaking or Community-scale group of undertakings that shall be considered as transnational as referred to in Article 4 of this Directive;
Amendment 175 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a – indent 1
Article 1 – paragraph 1 – point 4 – point a – indent 1
Directive 2009/38/EC
Article 6 – paragraph 2 – point c a (new)
Article 6 – paragraph 2 – point c a (new)
(ca) the matter of the Community-scale undertaking or Community-scale group of undertakings that shall be considered as transnational as referred to in Article 4 of this Directive;
Amendment 176 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a – indent 1
Article 1 – paragraph 1 – point 4 – point a – indent 1
Directive 2009/38/EC
Article 6 – paragraph 2 – point d
Article 6 – paragraph 2 – point d
(d) the format (which shall be mainly in a virtual environment, using online meeting and voting tools), language (which shall be the official language of the Member State in which the company has its headquarter and English), venue, frequency and duration of meetings of the European Works Council;”;
Amendment 176 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a – indent 1
Article 1 – paragraph 1 – point 4 – point a – indent 1
Directive 2009/38/EC
Article 6 – paragraph 2 – point d
Article 6 – paragraph 2 – point d
(d) the format (which shall be mainly in a virtual environment, using online meeting and voting tools), language (which shall be the official language of the Member State in which the company has its headquarter and English), venue, frequency and duration of meetings of the European Works Council;”;
Amendment 186 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a – indent 2
Article 1 – paragraph 1 – point 4 – point a – indent 2
Directive 2009/38/EC
Article 6 – paragraph 2 – point f – indent 1
Article 6 – paragraph 2 – point f – indent 1
– the possibljustified necessity of the use of an experts, including a legal experts, to assist the European Works Council in the discharge of its functions;
Amendment 186 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a – indent 2
Article 1 – paragraph 1 – point 4 – point a – indent 2
Directive 2009/38/EC
Article 6 – paragraph 2 – point f – indent 1
Article 6 – paragraph 2 – point f – indent 1
– the possibljustified necessity of the use of an experts, including a legal experts, to assist the European Works Council in the discharge of its functions;
Amendment 194 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a – indent 2
Article 1 – paragraph 1 – point 4 – point a – indent 2
Directive 2009/38/EC
Article 6 – paragraph 2 – point f - indent 2
Article 6 – paragraph 2 – point f - indent 2
– justified necessity of the use of legal representation and participation of the European Works Council, or of its members on its behalf, in administrative or judicial proceedings;
Amendment 194 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a – indent 2
Article 1 – paragraph 1 – point 4 – point a – indent 2
Directive 2009/38/EC
Article 6 – paragraph 2 – point f - indent 2
Article 6 – paragraph 2 – point f - indent 2
– justified necessity of the use of legal representation and participation of the European Works Council, or of its members on its behalf, in administrative or judicial proceedings;
Amendment 198 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a – indent 2
Article 1 – paragraph 1 – point 4 – point a – indent 2
Directive 2009/38/EC
Article 6 – paragraph 2 – point f - indent 3
Article 6 – paragraph 2 – point f - indent 3
– the provision of relevant, reasoned and necessary training to the members of the European Works Council, without prejudice to the minimum requirement in Article 10(4), first subparagraph;”;
Amendment 198 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a – indent 2
Article 1 – paragraph 1 – point 4 – point a – indent 2
Directive 2009/38/EC
Article 6 – paragraph 2 – point f - indent 3
Article 6 – paragraph 2 – point f - indent 3
– the provision of relevant, reasoned and necessary training to the members of the European Works Council, without prejudice to the minimum requirement in Article 10(4), first subparagraph;”;
Amendment 202 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a – indent 2
Article 1 – paragraph 1 – point 4 – point a – indent 2
Directive 2009/38/EC
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Amendment 202 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a – indent 2
Article 1 – paragraph 1 – point 4 – point a – indent 2
Directive 2009/38/EC
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Amendment 220 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2009/38/EC
Article 7 – paragraph 1 – indent 3
Article 7 – paragraph 1 – indent 3
— where, after three year24 months from the date of thissuch a request, they are unable to conclude an agreement as laid down in Article 6 and the special negotiating body has not taken the decision provided for in Article 5(5).
Amendment 220 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2009/38/EC
Article 7 – paragraph 1 – indent 3
Article 7 – paragraph 1 – indent 3
— where, after three year24 months from the date of thissuch a request, they are unable to conclude an agreement as laid down in Article 6 and the special negotiating body has not taken the decision provided for in Article 5(5).
Amendment 221 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2009/38/EC
Article 7 – paragraph 1 – indent 3 a (new)
Article 7 – paragraph 1 – indent 3 a (new)
in Article 7(1), the following indent is added: — where an agreement as laid down in Article 6 has been terminated and no new agreement has been concluded within 12 months after the last day of validity of that agreement.
Amendment 221 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2009/38/EC
Article 7 – paragraph 1 – indent 3 a (new)
Article 7 – paragraph 1 – indent 3 a (new)
in Article 7(1), the following indent is added: — where an agreement as laid down in Article 6 has been terminated and no new agreement has been concluded within 12 months after the last day of validity of that agreement.
Amendment 239 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2009/38/EC
Article 8 a – paragraph 1 – subparagraph 2
Article 8 a – paragraph 1 – subparagraph 2
Amendment 239 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2009/38/EC
Article 8 a – paragraph 1 – subparagraph 2
Article 8 a – paragraph 1 – subparagraph 2
Amendment 248 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2009/38/EC
Article 8 a – paragraph 2
Article 8 a – paragraph 2
2. When central management does not transmit information on the grounds referred to in paragraph 1, it shall inform the members of the special negotiating bodies or the European Works Councils, or the employees’ representatives in the framework of an information and consultation procedure of the reasons justifying the non-transmission of information.”;
Amendment 248 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2009/38/EC
Article 8 a – paragraph 2
Article 8 a – paragraph 2
2. When central management does not transmit information on the grounds referred to in paragraph 1, it shall inform the members of the special negotiating bodies or the European Works Councils, or the employees’ representatives in the framework of an information and consultation procedure of the reasons justifying the non-transmission of information.”;
Amendment 252 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2009/38/EC
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Consultation shall take place at such time, in such fashion and with such content as it enables employees’ representatives to express an opinion prior to the adoption of the decision and based on the information provided in accordance with paragraph 2, without prejudice to the responsibilities of the management, and within a reasonable time taking into account the urgency of the matter. The employees’ representatives shall be entitled to a reasoned written response from the central management or any more appropriate level of management prior to the adoption of the decision on the measures in question, provided the employee representatives expressed their opinion within a reasonable time in accordance with the first sentence. As a general rule, digital means of communication and coordination shall be used for any information and consultation procedure.
Amendment 252 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2009/38/EC
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Consultation shall take place at such time, in such fashion and with such content as it enables employees’ representatives to express an opinion prior to the adoption of the decision and based on the information provided in accordance with paragraph 2, without prejudice to the responsibilities of the management, and within a reasonable time taking into account the urgency of the matter. The employees’ representatives shall be entitled to a reasoned written response from the central management or any more appropriate level of management prior to the adoption of the decision on the measures in question, provided the employee representatives expressed their opinion within a reasonable time in accordance with the first sentence. As a general rule, digital means of communication and coordination shall be used for any information and consultation procedure.
Amendment 278 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Directive 2009/38/EC
Article 11 – paragraph 2 – subparagraph 1 – point a
Article 11 – paragraph 2 – subparagraph 1 – point a
(a) adequate procedures are available to enable the rights and obligations deriving from this Directive to be enforced in a timely and effective manner, and shall not encompass preliminary injunctions aimed at the temporary suspension of decisions made by the central management;
Amendment 278 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Directive 2009/38/EC
Article 11 – paragraph 2 – subparagraph 1 – point a
Article 11 – paragraph 2 – subparagraph 1 – point a
(a) adequate procedures are available to enable the rights and obligations deriving from this Directive to be enforced in a timely and effective manner, and shall not encompass preliminary injunctions aimed at the temporary suspension of decisions made by the central management;
Amendment 291 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Directive 2009/38/EC
Article 11 – paragraph 2 – subparagraph 2
Article 11 – paragraph 2 – subparagraph 2
In the event of failure to comply with the national provisions transposing the obligations under Article 9(2) and (3), Member States shall provide for pecuniary sanctions, to be determined considering the criteria listed in the third subparagraph of this paragraph, without prejudice to the possibility to provide for other types of sanctions in addition.
Amendment 291 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Directive 2009/38/EC
Article 11 – paragraph 2 – subparagraph 2
Article 11 – paragraph 2 – subparagraph 2
In the event of failure to comply with the national provisions transposing the obligations under Article 9(2) and (3), Member States shall provide for pecuniary sanctions, to be determined considering the criteria listed in the third subparagraph of this paragraph, without prejudice to the possibility to provide for other types of sanctions in addition.
Amendment 297 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Directive 2009/38/EC
Article 11 – paragraph 2 – subparagraph 3
Article 11 – paragraph 2 – subparagraph 3
For the purposes of point (b), of the first subparagraph, Member States shall take into consideration, when determining penalties, the gravity, duration, consequences, and the intentional or negligent nature of the offence, and in respect of pecuniary sanctions, also the size and financial situation of the sanctioned undertaking or group, and any other relevant criteria.”;
Amendment 297 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Directive 2009/38/EC
Article 11 – paragraph 2 – subparagraph 3
Article 11 – paragraph 2 – subparagraph 3
For the purposes of point (b), of the first subparagraph, Member States shall take into consideration, when determining penalties, the gravity, duration, consequences, and the intentional or negligent nature of the offence, and in respect of pecuniary sanctions, also the size and financial situation of the sanctioned undertaking or group, and any other relevant criteria.”;
Amendment 303 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point c
Article 1 – paragraph 1 – point 9 – point c
Directive 2009/38/EC
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 303 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point c
Article 1 – paragraph 1 – point 9 – point c
Directive 2009/38/EC
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 310 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2009/38/EC
Article 14
Article 14
Amendment 310 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2009/38/EC
Article 14
Article 14
Amendment 313 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2009/38/EC
Article 14 a
Article 14 a
Amendment 313 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2009/38/EC
Article 14 a
Article 14 a