90 Amendments of Rosa D'AMATO related to 2024/0006(COD)
Amendment 71 #
Proposal for a directive
Recital 8
Recital 8
(8) Directive 2009/38/EC requires the parties to a European Works Council agreement to determine the venue of meetings of the European Works Council. It is appropriate to specify that they are to determine also the format of such meetings, notably to avoid any doubt abouthat their freedom to agree tha regular annual meetings of the EWC and the Select sCome or all of themittee should take place in person, whereas additional meetings may be held in a virtual environment, using online meeting tools if so agreed, reducing the environmental footprint of meetings in line with Union, national and companies’ emission reduction targets, while ensuring meaningful information and consultation at lower environmental and financial costs.
Amendment 71 #
Proposal for a directive
Recital 8
Recital 8
(8) Directive 2009/38/EC requires the parties to a European Works Council agreement to determine the venue of meetings of the European Works Council. It is appropriate to specify that they are to determine also the format of such meetings, notably to avoid any doubt abouthat their freedom to agree tha regular annual meetings of the EWC and the Select sCome or all of themittee should take place in person, whereas additional meetings may be held in a virtual environment, using online meeting tools if so agreed, reducing the environmental footprint of meetings in line with Union, national and companies’ emission reduction targets, while ensuring meaningful information and consultation at lower environmental and financial costs.
Amendment 75 #
Proposal for a directive
Recital 10
Recital 10
(10) The requirement in Directive 2009/38/EC to take into account, where possible, the need for a balanced representation of employees with regard to their gender when determining the composition of European Works Councils has proven insufficient to promote gender balance. Women remain underrepresented in most European Works Councils. In 2018, only 15% of European Works Council members were women. Therefore, it is necessary to lay down more effective and specific objectives regarding gender representation, to be implemented by management and employee representatives when negotiating or renegotiating their agreements. To attain those objectives, it may in certain cases be necessary to give priority to the underrepresented sex in composing the European Works Council or its select committee. In accordance with the case- law of the Court of Justice of the European Union, such positive action is possible, in accordance with the principle of equal treatment of men and women, provided that the measures taken to achieve the gender balance objective do not automatically and unconditionally give priority to persons of a certain gender but allow to take into account other criteria, such as merits and qualifications and the procedure for election established by the relevant laws. Parties to European Works Council agreements should therefore be afforded the flexibility necessary to respect the legal and factual limitations to the positive action. For similar considerations, it is appropriate, in addition, to require steps to strive for a gender-balanced composition of the special negotiating body, to promote that objective already during the negotiation phase.
Amendment 75 #
Proposal for a directive
Recital 10
Recital 10
(10) The requirement in Directive 2009/38/EC to take into account, where possible, the need for a balanced representation of employees with regard to their gender when determining the composition of European Works Councils has proven insufficient to promote gender balance. Women remain underrepresented in most European Works Councils. In 2018, only 15% of European Works Council members were women. Therefore, it is necessary to lay down more effective and specific objectives regarding gender representation, to be implemented by management and employee representatives when negotiating or renegotiating their agreements. To attain those objectives, it may in certain cases be necessary to give priority to the underrepresented sex in composing the European Works Council or its select committee. In accordance with the case- law of the Court of Justice of the European Union, such positive action is possible, in accordance with the principle of equal treatment of men and women, provided that the measures taken to achieve the gender balance objective do not automatically and unconditionally give priority to persons of a certain gender but allow to take into account other criteria, such as merits and qualifications and the procedure for election established by the relevant laws. Parties to European Works Council agreements should therefore be afforded the flexibility necessary to respect the legal and factual limitations to the positive action. For similar considerations, it is appropriate, in addition, to require steps to strive for a gender-balanced composition of the special negotiating body, to promote that objective already during the negotiation phase.
Amendment 77 #
Proposal for a directive
Recital 12
Recital 12
(12) When sharing sensitive information with members of European Works Councils, members of special negotiating bodies, or employees’ representatives in the framework of an information and consultation procedure, management has the possibility to provide that such information is shared in confidence and should not be disclosed further. This should not apply to situations when members of the European Works Council decide to reveal information to national or local work councils that may affect the situation of workers. When sharing information in confidence, central management should be required to provide at the same time a reasonable justification based on objective criteria. Setting up adequate arrangements to safeguard the confidentiality of sensitive information can instil trust and facilitate the sharing of such information, while protecting business and workers’ interests, including to avert growing risks such as industrial espionage.
Amendment 77 #
Proposal for a directive
Recital 12
Recital 12
(12) When sharing sensitive information with members of European Works Councils, members of special negotiating bodies, or employees’ representatives in the framework of an information and consultation procedure, management has the possibility to provide that such information is shared in confidence and should not be disclosed further. This should not apply to situations when members of the European Works Council decide to reveal information to national or local work councils that may affect the situation of workers. When sharing information in confidence, central management should be required to provide at the same time a reasonable justification based on objective criteria. Setting up adequate arrangements to safeguard the confidentiality of sensitive information can instil trust and facilitate the sharing of such information, while protecting business and workers’ interests, including to avert growing risks such as industrial espionage.
Amendment 83 #
Proposal for a directive
Recital 18
Recital 18
(18) The Commission’s 2018 evaluation of Directive 2009/38/EC has shown that sanctions applicable in the case of non- compliance with transnational information and consultation requirements regretfully are often not sufficiently dissuasive, effective or proportionate. Therefore, it is appropriate to lay down the Member States’ obligation to provide for effective, dissuasive and proportionate sanctions. Pecuniary sanctionFinancial penalties should be provided for in case of failure to comply with the information and consultation procedures set out in Directive 2009/38/EC. Other forms of sanctions cshould also be provided for. Pecuniary sanctions should be determined taking into consideration the size and financial situation of the Community-scale undertaking or group – for example, based on its annual turnover – and any other relevant factors – such as the gravity, duration, consequences, and intentional or negligent nature of the offence –, in order to be effective, dissuasive and proportionate., including administrative and judicial procedures. In line with national law and practice, Member States should ensure the possibility to request a preliminary injunction in national courts or other competent authorities for a temporary suspension of the implementation of management decisions until an information and consultation procedure has taken place at the relevant level of management and representation and in such a way as to enable a reasoned response from the central management in accordance with this Directive. Pecuniary sanctions should be determined taking into consideration the size and financial situation of the Community-scale undertaking or group – for example, based on its annual turnover – and any other relevant factors – such as the gravity, duration, consequences, and intentional or negligent nature of the offence –, in order to be effective, dissuasive and proportionate and should be based on the administrative fines referred to in Article 83, paragraphs 4 and 5, of Regulation (EU) 2016/6791a. ____________________________ 1a Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Text with EEA relevance) OJ L 119, 4.5.2016, p. 1– 88
Amendment 83 #
Proposal for a directive
Recital 18
Recital 18
(18) The Commission’s 2018 evaluation of Directive 2009/38/EC has shown that sanctions applicable in the case of non- compliance with transnational information and consultation requirements regretfully are often not sufficiently dissuasive, effective or proportionate. Therefore, it is appropriate to lay down the Member States’ obligation to provide for effective, dissuasive and proportionate sanctions. Pecuniary sanctionFinancial penalties should be provided for in case of failure to comply with the information and consultation procedures set out in Directive 2009/38/EC. Other forms of sanctions cshould also be provided for. Pecuniary sanctions should be determined taking into consideration the size and financial situation of the Community-scale undertaking or group – for example, based on its annual turnover – and any other relevant factors – such as the gravity, duration, consequences, and intentional or negligent nature of the offence –, in order to be effective, dissuasive and proportionate., including administrative and judicial procedures. In line with national law and practice, Member States should ensure the possibility to request a preliminary injunction in national courts or other competent authorities for a temporary suspension of the implementation of management decisions until an information and consultation procedure has taken place at the relevant level of management and representation and in such a way as to enable a reasoned response from the central management in accordance with this Directive. Pecuniary sanctions should be determined taking into consideration the size and financial situation of the Community-scale undertaking or group – for example, based on its annual turnover – and any other relevant factors – such as the gravity, duration, consequences, and intentional or negligent nature of the offence –, in order to be effective, dissuasive and proportionate and should be based on the administrative fines referred to in Article 83, paragraphs 4 and 5, of Regulation (EU) 2016/6791a. ____________________________ 1a Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Text with EEA relevance) OJ L 119, 4.5.2016, p. 1– 88
Amendment 87 #
Proposal for a directive
Recital 24
Recital 24
Amendment 87 #
Proposal for a directive
Recital 24
Recital 24
Amendment 122 #
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 a (new)
Article 1 – paragraph 4 – subparagraph 2 – point b a (new)
(ba) The measures considered by central management of the Community- scale undertaking or Community-scale group of undertakings can reasonably be expected to affect workers in a Member State other than that in which those measures are being considered.
Amendment 122 #
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 a (new)
Article 1 – paragraph 4 – subparagraph 2 – point b a (new)
(ba) The measures considered by central management of the Community- scale undertaking or Community-scale group of undertakings can reasonably be expected to affect workers in a Member State other than that in which those measures are being considered.
Amendment 126 #
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 and the level of management and representation involved shall be taken into account. This includes matters which, irrespective of the number of Member States involved, are of concern to workers in terms of the scope of their potential impact, as well as matters which involve the transfer of activities between two or more Member States.
Amendment 126 #
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 and the level of management and representation involved shall be taken into account. This includes matters which, irrespective of the number of Member States involved, are of concern to workers in terms of the scope of their potential impact, as well as matters which involve the transfer of activities between two or more Member States.
Amendment 129 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2009/38/EC
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
In Article 2(1), point (c), a new paragraph is added: (ca) For the purposes of this paragraph employees in third party undertakings with whom the company or its directly and indirectly-owned subsidiaries and/or branches have entered into franchise and license agreements with independent third-party companies in return for royalties in accordance with Article 3(2)(d) of this Directive shall also be taken into account;
Amendment 129 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2009/38/EC
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
In Article 2(1), point (c), a new paragraph is added: (ca) For the purposes of this paragraph employees in third party undertakings with whom the company or its directly and indirectly-owned subsidiaries and/or branches have entered into franchise and license agreements with independent third-party companies in return for royalties in accordance with Article 3(2)(d) of this Directive shall also be taken into account;
Amendment 133 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2009/38/EC
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
“(f) ‘information’ means transmission of data by the employer to the employees’ representatives in order to enable them to acquaint themselves with the subject matter and to examine it. Information on transnational matters shall be given at such time, in such fashion and with such content as are appropriate to enable employees’ representatives to undertake an in-depth assessment of their possible impact and, where appropriate, prepare for consultations with the competent organ of the Community-scale undertaking or Community-scale group of undertakings;
Amendment 133 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2009/38/EC
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
“(f) ‘information’ means transmission of data by the employer to the employees’ representatives in order to enable them to acquaint themselves with the subject matter and to examine it. Information on transnational matters shall be given at such time, in such fashion and with such content as are appropriate to enable employees’ representatives to undertake an in-depth assessment of their possible impact and, where appropriate, prepare for consultations with the competent organ of the Community-scale undertaking or Community-scale group of undertakings;
Amendment 135 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2009/38/EC
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘consultation’ means the establishment of dialogue and exchange of views between employees’ representatives and central management or any more appropriate level of management; 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 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;”
Amendment 135 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2009/38/EC
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘consultation’ means the establishment of dialogue and exchange of views between employees’ representatives and central management or any more appropriate level of management; 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 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;”
Amendment 139 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2009/38/EC
Article 3 – paragraph 1
Article 3 – paragraph 1
1. For the purposes of this Directive, ‘controlling undertaking’ means an undertaking which can exercise a dominant influence over another undertaking (the controlled undertaking) by virtue, for example, of ownership, financial participation, decision control or the rules which govern it.
Amendment 139 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2009/38/EC
Article 3 – paragraph 1
Article 3 – paragraph 1
1. For the purposes of this Directive, ‘controlling undertaking’ means an undertaking which can exercise a dominant influence over another undertaking (the controlled undertaking) by virtue, for example, of ownership, financial participation, decision control or the rules which govern it.
Amendment 140 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2009/38/EC
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
Amendment 140 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2009/38/EC
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
Amendment 142 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2009/38/EC
Article 3 – paragraph 2 – point c a (new)
Article 3 – paragraph 2 – point c a (new)
In Article 3(2), a new point (ca) is added: (ca) operates directly and indirectly in the internal market selling goods or providing services through franchise or license agreements concluded with independent third-party companies in return for royalties where these agreements ensure a common identity, a common business name and/or concept and the application of uniform business methods;
Amendment 142 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2009/38/EC
Article 3 – paragraph 2 – point c a (new)
Article 3 – paragraph 2 – point c a (new)
In Article 3(2), a new point (ca) is added: (ca) operates directly and indirectly in the internal market selling goods or providing services through franchise or license agreements concluded with independent third-party companies in return for royalties where these agreements ensure a common identity, a common business name and/or concept and the application of uniform business methods;
Amendment 146 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Directive 2009/38/EC
Article 3 – paragraph 2 – subparagraph 1 a (new)
Article 3 – paragraph 2 – subparagraph 1 a (new)
In Article 3(2), a new subparagraph is added: Joint venture systems and franchising and/or licensing agreements shall be presumed to be covered by this Directive.
Amendment 146 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Directive 2009/38/EC
Article 3 – paragraph 2 – subparagraph 1 a (new)
Article 3 – paragraph 2 – subparagraph 1 a (new)
In Article 3(2), a new subparagraph is added: Joint venture systems and franchising and/or licensing agreements shall be presumed to be covered by this Directive.
Amendment 147 #
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 1
Article 5 – paragraph 1
1. In order to achieve the objective set out in Article 1(1), the central management shall initiate negotiations for the establishment of a European Works Council or an information and consultation procedure on its own initiative or at the either joint or separate written request of at least 100 employees or their representatives representing together in at least two undertakings or establishments in at least two different Member States.
Amendment 147 #
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 1
Article 5 – paragraph 1
1. In order to achieve the objective set out in Article 1(1), the central management shall initiate negotiations for the establishment of a European Works Council or an information and consultation procedure on its own initiative or at the either joint or separate written request of at least 100 employees or their representatives representing together in at least two undertakings or establishments in at least two different Member States.
Amendment 150 #
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 150 #
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 156 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a a (new)
Article 1 – paragraph 1 – point 3 – point a a (new)
Directive 2009/38/EC
Article 5 – paragraph 2 – point c a (new)
Article 5 – paragraph 2 – point c a (new)
(aa) in paragraph 2, a new point (ca) is inserted: (ca) Member States shall establish a procedure for electing or appointing members of the special negotiating body in Community-scale group of undertakings operating in the internal market through franchise or license agreements pursuant to article 3(2)d) of this Directive;
Amendment 156 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a a (new)
Article 1 – paragraph 1 – point 3 – point a a (new)
Directive 2009/38/EC
Article 5 – paragraph 2 – point c a (new)
Article 5 – paragraph 2 – point c a (new)
(aa) in paragraph 2, a new point (ca) is inserted: (ca) Member States shall establish a procedure for electing or appointing members of the special negotiating body in Community-scale group of undertakings operating in the internal market through franchise or license agreements pursuant to article 3(2)d) of this Directive;
Amendment 159 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a b (new)
Article 1 – paragraph 1 – point 3 – point a b (new)
Directive 2009/38/EC
Article 5 – paragraph 4 – subparagraph 3
Article 5 – paragraph 4 – subparagraph 3
Amendment 159 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a b (new)
Article 1 – paragraph 1 – point 3 – point a b (new)
Directive 2009/38/EC
Article 5 – paragraph 4 – subparagraph 3
Article 5 – paragraph 4 – subparagraph 3
Amendment 170 #
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 of the representative of a recognised Union-level trade union organisation, experts, including for legal assistance, insofar as necessary for that purpose, as well as reasonable costs of legal representation and participation in administrative or judicial proceedings. Expenses shall be notified to central management before they are incurred.”;
Amendment 170 #
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 of the representative of a recognised Union-level trade union organisation, experts, including for legal assistance, insofar as necessary for that purpose, as well as reasonable costs of legal representation and participation in administrative or judicial proceedings. Expenses shall be notified to central management before they are incurred.”;
Amendment 174 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Directive 2009/38/EC
Article 5 a (new)
Article 5 a (new)
The following new article 5a is inserted: Article 5a Objectives with regard to gender balance on European Works Councils and select committees 1. The central management and the special negotiating body, when establishing a new European Works Council, or the central management and the European Works Council, when renegotiating a European Works Council agreement, shall negotiate in a spirit of sincere cooperation the necessary arrangements in order to ensure that European Works Councils are subject to the following objectives: (a) the underrepresented sex comprise at least 40% of European Works Council members; (b) members of the underrepresented sex hold at least 40% of select committee positions. The number of European Works Council members and select committee positions deemed to be necessary to attain the objectives laid down in the first subparagraph shall be the number closest to the proportion of 40%, but not exceeding 49%.”;
Amendment 174 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Directive 2009/38/EC
Article 5 a (new)
Article 5 a (new)
The following new article 5a is inserted: Article 5a Objectives with regard to gender balance on European Works Councils and select committees 1. The central management and the special negotiating body, when establishing a new European Works Council, or the central management and the European Works Council, when renegotiating a European Works Council agreement, shall negotiate in a spirit of sincere cooperation the necessary arrangements in order to ensure that European Works Councils are subject to the following objectives: (a) the underrepresented sex comprise at least 40% of European Works Council members; (b) members of the underrepresented sex hold at least 40% of select committee positions. The number of European Works Council members and select committee positions deemed to be necessary to attain the objectives laid down in the first subparagraph shall be the number closest to the proportion of 40%, but not exceeding 49%.”;
Amendment 181 #
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, venue, frequency and duration of meetings of the European Works Council;”;
Amendment 181 #
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, venue, frequency and duration of meetings of the European Works Council;”;
Amendment 191 #
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 possible use of experts, including legal experts, to assist the European Works Council in the discharge of its functions;
Amendment 191 #
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 possible use of experts, including legal experts, to assist the European Works Council in the discharge of its functions;
Amendment 203 #
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 203 #
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 212 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point b
Article 1 – paragraph 1 – point 4 – point b
Directive 2009/38/EC
Article 6 – paragraph 2 a
Article 6 – paragraph 2 a
“2a. The central management and the special negotiating body, when negotiating or renegotiating a European Works Council agreement, shall agree and lay down the necessary arrangements for attaining, as far as possible, and without prejudice to national laws on electing workers representatives, the objective of gender balance whereby women and men each comprise at least 40 % of European Works Council members, and where applicable, at least 40 % of select committee members.”;
Amendment 212 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point b
Article 1 – paragraph 1 – point 4 – point b
Directive 2009/38/EC
Article 6 – paragraph 2 a
Article 6 – paragraph 2 a
“2a. The central management and the special negotiating body, when negotiating or renegotiating a European Works Council agreement, shall agree and lay down the necessary arrangements for attaining, as far as possible, and without prejudice to national laws on electing workers representatives, the objective of gender balance whereby women and men each comprise at least 40 % of European Works Council members, and where applicable, at least 40 % of select committee members.”;
Amendment 217 #
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
Amendment 217 #
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
Amendment 226 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2009/38/EC
Article 8 – paragraph 2
Article 8 – paragraph 2
2. When central management provides information in confidence in accordance with 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 reasonsobjective criteria justifying the provision of information in confidence and shall determine the duration of the confidentiality requirements.
Amendment 226 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2009/38/EC
Article 8 – paragraph 2
Article 8 – paragraph 2
2. When central management provides information in confidence in accordance with 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 reasonsobjective criteria justifying the provision of information in confidence and shall determine the duration of the confidentiality requirements.
Amendment 228 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2009/38/EC
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The obligation referred in paragraph 1 shall continue to apply, wherever the persons referred to in paragraph 1 are, even after the expiry of their terms of office, until, in agreement with central management, the justification provided is considered to have become obsolete.”;
Amendment 228 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2009/38/EC
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The obligation referred in paragraph 1 shall continue to apply, wherever the persons referred to in paragraph 1 are, even after the expiry of their terms of office, until, in agreement with central management, the justification provided is considered to have become obsolete.”;
Amendment 232 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2009/38/EC
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. Paragraph 1 shall not apply to members of the European Works Council who reveal information to national or local work councils that may affect the situation of workers where such information has been provided to them in confidence and is subject to national rules on confidentiality.
Amendment 232 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2009/38/EC
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. Paragraph 1 shall not apply to members of the European Works Council who reveal information to national or local work councils that may affect the situation of workers where such information has been provided to them in confidence and is subject to national rules on confidentiality.
Amendment 243 #
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
A Member State mayshall make such dispensation subject to prior administrative or judicial authorisation. It shall also ensure that the European Works Council or the special negotiating body has the legal capacity to request the review of the classification initially accepted by an urgent administrative or judicial decision.
Amendment 243 #
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
A Member State mayshall make such dispensation subject to prior administrative or judicial authorisation. It shall also ensure that the European Works Council or the special negotiating body has the legal capacity to request the review of the classification initially accepted by an urgent administrative or judicial decision.
Amendment 255 #
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 2that ensures that the European Works Council can coordinate its opinion with employees’ representatives at local and national level with the aim to deliver its opinion before the consultation procedure is finished at the respective level,, 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.
Amendment 255 #
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 2that ensures that the European Works Council can coordinate its opinion with employees’ representatives at local and national level with the aim to deliver its opinion before the consultation procedure is finished at the respective level,, 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.
Amendment 261 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2009/38/EC
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. Insofar as it is necessary for the European Works Council to carry out its tasks, the European Works Council or the select committee may request assistance from a representatives of a competent recognised Union-level trade union organisations and experts of its choice. At the request of the European Works Council, such experts shall be present at meetings of the European Works Council and meetings with the central management in an advisory capacity.
Amendment 261 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2009/38/EC
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. Insofar as it is necessary for the European Works Council to carry out its tasks, the European Works Council or the select committee may request assistance from a representatives of a competent recognised Union-level trade union organisations and experts of its choice. At the request of the European Works Council, such experts shall be present at meetings of the European Works Council and meetings with the central management in an advisory capacity.
Amendment 267 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2009/38/EC
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Without prejudice to the competence of other bodies or organisations in this respect, the employees’ representatives, including the members of the special negotiating body and the members of the European Works Council, shall have the means required to apply the rights arising from this Directive and the legal capacity to seek redress, to represent collectively the interests of the employees of the Community-scale undertaking or Community-scale group of undertakings.
Amendment 267 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2009/38/EC
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Without prejudice to the competence of other bodies or organisations in this respect, the employees’ representatives, including the members of the special negotiating body and the members of the European Works Council, shall have the means required to apply the rights arising from this Directive and the legal capacity to seek redress, to represent collectively the interests of the employees of the Community-scale undertaking or Community-scale group of undertakings.
Amendment 273 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2009/38/EC
Article 10 – paragraph 4 – subparagraph 2
Article 10 – paragraph 4 – subparagraph 2
Without prejudice to agreements concluded pursuant to Article 6(2), point (f), the costs of such training and related expenses shall be borne by the central management, provided that the central or any other appropriate level of management, provided that the central management or any other appropriate level of management has been informed in advance.”;
Amendment 273 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2009/38/EC
Article 10 – paragraph 4 – subparagraph 2
Article 10 – paragraph 4 – subparagraph 2
Without prejudice to agreements concluded pursuant to Article 6(2), point (f), the costs of such training and related expenses shall be borne by the central management, provided that the central or any other appropriate level of management, provided that the central management or any other appropriate level of management has been informed in advance.”;
Amendment 285 #
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 b e (new)
Article 11 – paragraph 2 – subparagraph 1 – point b e (new)
(be) the possibility to request a preliminary injunction for the temporary suspension of decisions of the central management with a national trade union prerogative where such decisions are challenged on the basis that there has been an infringement of the information and consultation requirements under this Directive or under agreements concluded pursuant thereto. The effects of the challenged decisions on employment contracts or employment relationships of the affected employees shall be suspended accordingly;
Amendment 285 #
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 b e (new)
Article 11 – paragraph 2 – subparagraph 1 – point b e (new)
(be) the possibility to request a preliminary injunction for the temporary suspension of decisions of the central management with a national trade union prerogative where such decisions are challenged on the basis that there has been an infringement of the information and consultation requirements under this Directive or under agreements concluded pursuant thereto. The effects of the challenged decisions on employment contracts or employment relationships of the affected employees shall be suspended accordingly;
Amendment 286 #
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 b f (new)
Article 11 – paragraph 2 – subparagraph 1 – point b f (new)
(bf) retroactive sanctions in cases where a Community-scale undertaking or Community-scale group of undertakings is found guilty of having infringed the obligations arising from this Directive, but has already implemented transnational decisions.
Amendment 286 #
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 b f (new)
Article 11 – paragraph 2 – subparagraph 1 – point b f (new)
(bf) retroactive sanctions in cases where a Community-scale undertaking or Community-scale group of undertakings is found guilty of having infringed the obligations arising from this Directive, but has already implemented transnational decisions.
Amendment 287 #
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 a (new)
Article 11 – paragraph 2 a (new)
2a. The penalties referred to in paragraph 2, point b, shall include: (a) financial penalties that are proportionate to the nature, gravity and duration of the undertaking’s infringement and which shall increase in amount according to the number of affected employees; (b) orders excluding the undertaking from an entitlement to some or all public benefits, aids or subsidies, including EU funds managed by the relevant Member States, for a period of up to three years; (c) orders excluding the undertaking from participating in a public contract as defined in Directive 2014/24/EU1a of the European Parliament and of the Council In the case of infringements as referred to in paragraph 1, point b, which are not committed intentionally, the financial penalties referred to in paragraph 2a, point (a), shall be substantive and equivalent to those provided for in Article 83(4) of Regulation (EU) 2016/6791b. In the case of infringements as referred to in paragraph 1, point b, which are committed intentionally, the financial penalties referred to in paragraph 2a, point (a) shall be substantive and equivalent to those provided for in Article 83(5) of Regulation (EU) 2016/679. ______________________ 1a Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC Text with EEA relevance OJ L 94, 28.3.2014, p. 65–242 1b Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Text with EEA relevance) OJ L 119, 4.5.2016, p. 1– 88
Amendment 287 #
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 a (new)
Article 11 – paragraph 2 a (new)
2a. The penalties referred to in paragraph 2, point b, shall include: (a) financial penalties that are proportionate to the nature, gravity and duration of the undertaking’s infringement and which shall increase in amount according to the number of affected employees; (b) orders excluding the undertaking from an entitlement to some or all public benefits, aids or subsidies, including EU funds managed by the relevant Member States, for a period of up to three years; (c) orders excluding the undertaking from participating in a public contract as defined in Directive 2014/24/EU1a of the European Parliament and of the Council In the case of infringements as referred to in paragraph 1, point b, which are not committed intentionally, the financial penalties referred to in paragraph 2a, point (a), shall be substantive and equivalent to those provided for in Article 83(4) of Regulation (EU) 2016/6791b. In the case of infringements as referred to in paragraph 1, point b, which are committed intentionally, the financial penalties referred to in paragraph 2a, point (a) shall be substantive and equivalent to those provided for in Article 83(5) of Regulation (EU) 2016/679. ______________________ 1a Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC Text with EEA relevance OJ L 94, 28.3.2014, p. 65–242 1b Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Text with EEA relevance) OJ L 119, 4.5.2016, p. 1– 88
Amendment 302 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Directive 2009/38/EC
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
The central management shall bear the judicial costs incurred in carrying out the procedures, the costs of legal representation and subsidiary costs such as subsistence and travel expenses for at representatives of the European Works Council.;
Amendment 302 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Directive 2009/38/EC
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
The central management shall bear the judicial costs incurred in carrying out the procedures, the costs of legal representation and subsidiary costs such as subsistence and travel expenses for at representatives of the European Works Council.;
Amendment 312 #
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 312 #
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 322 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2009/38/EC
Article 14 b (new)
Article 14 b (new)
The following Article 14b is inserted: “Article 14b Agreements in force 1. For agreements concluded in accordance with Articles 5 and 6 of Directive 94/45/EC1a or Articles 5 and 6 of this Directive, the requirements laid down in articles 1, 2, 6(2), 8, 8a, 9, 10, 12 and 13 provided for by this Directive (OP: insert reference to this amending Directive) shall be applicable to that agreement. Parties may negotiate more favourable arrangements. 2. Where an Community-scale undertaking or Community-scale group of undertakings has concluded an agreement or agreements which covering the entire workforce, providing for the transnational information and consultation of employees, which referred to in Article 13(1) of Directive 94/45/EC (pre-directive agreements), those agreement shall continue to be applicable under national law. 3. Where proceedings are initiated pursuant to Article 5 in an Community- scale undertaking or Community-scale group of undertakings with an agreement within the meaning of the first subparagraph, the period referred to in Article 7(1) indent 3 shall be reduced to two years and Article 13, second and third paragraphs shall apply respectively. _______________________ 1a Council Directive 94/45/EC of 22 September 1994 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees, OJ L 254, 30.9.1994, p. 64–72
Amendment 322 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2009/38/EC
Article 14 b (new)
Article 14 b (new)
The following Article 14b is inserted: “Article 14b Agreements in force 1. For agreements concluded in accordance with Articles 5 and 6 of Directive 94/45/EC1a or Articles 5 and 6 of this Directive, the requirements laid down in articles 1, 2, 6(2), 8, 8a, 9, 10, 12 and 13 provided for by this Directive (OP: insert reference to this amending Directive) shall be applicable to that agreement. Parties may negotiate more favourable arrangements. 2. Where an Community-scale undertaking or Community-scale group of undertakings has concluded an agreement or agreements which covering the entire workforce, providing for the transnational information and consultation of employees, which referred to in Article 13(1) of Directive 94/45/EC (pre-directive agreements), those agreement shall continue to be applicable under national law. 3. Where proceedings are initiated pursuant to Article 5 in an Community- scale undertaking or Community-scale group of undertakings with an agreement within the meaning of the first subparagraph, the period referred to in Article 7(1) indent 3 shall be reduced to two years and Article 13, second and third paragraphs shall apply respectively. _______________________ 1a Council Directive 94/45/EC of 22 September 1994 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees, OJ L 254, 30.9.1994, p. 64–72
Amendment 325 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 a (new)
Article 1 – paragraph 1 – point 12 a (new)
Directive 2009/38/EC
Article 16 a (new)
Article 16 a (new)
The following Article 16a is inserted: Article 16a Monitoring 1. To ensure the correct application of the Directive and to address and resolve practical problems arising from its implementation, a monitoring committee shall be established. 2. The monitoring committee shall be composed by one representative per Member State, the European social partners with an equal number of representatives of the trade unions and the employers' organisations and of the Commission. 3. The monitoring committee shall meet twice per year and shall be chaired by the Commission.
Amendment 325 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 a (new)
Article 1 – paragraph 1 – point 12 a (new)
Directive 2009/38/EC
Article 16 a (new)
Article 16 a (new)
The following Article 16a is inserted: Article 16a Monitoring 1. To ensure the correct application of the Directive and to address and resolve practical problems arising from its implementation, a monitoring committee shall be established. 2. The monitoring committee shall be composed by one representative per Member State, the European social partners with an equal number of representatives of the trade unions and the employers' organisations and of the Commission. 3. The monitoring committee shall meet twice per year and shall be chaired by the Commission.
Amendment 327 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. Member States shall adopt and, publish and apply, by [OP: insert date onetwo years from the entry into force of this Directive] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 327 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. Member States shall adopt and, publish and apply, by [OP: insert date onetwo years from the entry into force of this Directive] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 330 #
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
Amendment 330 #
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
Amendment 334 #
Proposal for a directive
Annex I – paragraph 1 – point 1 – point a a (new)
Annex I – paragraph 1 – point 1 – point a a (new)
Directive 2009/38/EC
Annex 1 – paragraph 1– point a
Annex 1 – paragraph 1– point a
Amendment 334 #
Proposal for a directive
Annex I – paragraph 1 – point 1 – point a a (new)
Annex I – paragraph 1 – point 1 – point a a (new)
Directive 2009/38/EC
Annex 1 – paragraph 1– point a
Annex 1 – paragraph 1– point a
Amendment 342 #
Proposal for a directive
Annex I – paragraph 1 – point 2
Annex I – paragraph 1 – point 2
Directive 2009/38/EC
Annex 1 – point 2
Annex 1 – point 2
“2. The European Works Council shall have the right to meet with the central management at least twice a year in person, to be informed and consulted, on the basis of a report drawn up by the central management, on the progress of the business of the Community-scale undertaking or Community-scale group of undertakings and its prospects. The local managements shall be informed accordingly.”
Amendment 342 #
Proposal for a directive
Annex I – paragraph 1 – point 2
Annex I – paragraph 1 – point 2
Directive 2009/38/EC
Annex 1 – point 2
Annex 1 – point 2
“2. The European Works Council shall have the right to meet with the central management at least twice a year in person, to be informed and consulted, on the basis of a report drawn up by the central management, on the progress of the business of the Community-scale undertaking or Community-scale group of undertakings and its prospects. The local managements shall be informed accordingly.”
Amendment 346 #
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2009/38/EC
Annex 1 – point 5
Annex 1 – point 5
“Such experts mayshall include representatives of recognised Union-level trade union organisations. At the request of the European Works Council, such experts shall have a right to be present at meetings of the European Works Council and meetings with the central management in an advisory capacity. The central management shall be informed in advance.”;
Amendment 346 #
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2009/38/EC
Annex 1 – point 5
Annex 1 – point 5
“Such experts mayshall include representatives of recognised Union-level trade union organisations. At the request of the European Works Council, such experts shall have a right to be present at meetings of the European Works Council and meetings with the central management in an advisory capacity. The central management shall be informed in advance.”;