27 Amendments of Joachim SCHUSTER related to 2018/0114(COD)
Amendment 224 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 l – paragraph 1
Article 86 l – paragraph 1
Amendment 227 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86l – paragraph 2
Article 86l – paragraph 2
Amendment 236 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86l – paragraph 3 – introductory part
Article 86l – paragraph 3 – introductory part
3. In the cases referred to in paragraph 2 of this Article, theThe information, consultation and participation of employees in the converted company and their involvement in the definition of such rights shall be the object of an agreement between the employees and the management and shall be regulated by the Member States, mutatis mutandis and subject to paragraphs 4 to 7 of this Article, in accordance with the principles and procedures laid down in Article 12(2), (3) and (4) of Regulation (EC) No 2157/2001 and the following provisions of Directive 2001/86/EC:
Amendment 238 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86l – paragraph 3 – point b
Article 86l – paragraph 3 – point b
(b) Article 4(1), Article 4(2)(a), (b),(c) (g) and (h), Article 4(3) and Article 4(4);
Amendment 240 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86l – paragraph 3 – point e
Article 86l – paragraph 3 – point e
(e) the first subparagraph of Article 7(1);
Amendment 244 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86l – paragraph 3 – point g
Article 86l – paragraph 3 – point g
(g) the Annex, with the exclusion of points (a) of Part 3 of the Annex, (b) and paragraph 2 of Part 3, instead of which the following will apply as a minimum: The employees of the company, its subsidiaries and establishments and/or the representative body shall have the right to elect and appoint a number of members of the administrative or supervisory body of the converted company equal to two representatives in companies up from 50 employees, one third in companies having from 250 employees to 1000 employees and parity in companies with more than 1000 employees.
Amendment 247 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86l – paragraph 3 – point 3 a (new)
Article 86l – paragraph 3 – point 3 a (new)
3a. The agreement reached shall provide for at least the same level of employee participation as operated in the company prior to the conversion as well as at least the level that would apply following the rules in force concerning employee participation, if any, in the destination Member State. This level shall be measured by reference to the proportion of employee representatives amongst the members of the administrative or supervisory organ or their committees or of the management group which covers the profit units of the company, subject to employee representation.
Amendment 254 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86l – paragraph 4 – point a
Article 86l – paragraph 4 – point a
Amendment 257 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86l – paragraph 4 – point b
Article 86l – paragraph 4 – point b
Amendment 262 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86l – paragraph 4 – point c
Article 86l – paragraph 4 – point c
(c) shall ensure that the rules on employee participation that applied prior to the cross-border conversion continue to apply until the date of application of any subsequently agreed rules or in the absence of agreed rules until the application of default rules in accordance with point (ag) of Ppart 3 of the Annexagraph 3.
Amendment 263 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86l – paragraph 5
Article 86l – paragraph 5
Amendment 268 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86l – paragraph 7
Article 86l – paragraph 7
7. Where the converted company is operating under an employee participation system, that company shall be obliged to take measures to ensure that employees' participation rights are protected in the event of any subsequent cross-border or domestic merger, division or conversion for a period of threen years after the cross- border conversion has taken effect, by applying mutatis mutandis the rules laid down in paragraphs 1 to 6.
Amendment 345 #
Proposal for a directive
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Directive (EU) 2017/1132
Article 133
Article 133
(18) Article 133 is amended as follows: replaced by the following: “1. The information, consultation and participation of employees in the converted company and their involvement in the definition of such rights shall be the object of an agreement between the employees and the management and shall be regulated by the Member States, mutatis mutandis and subject to paragraphs 2 to5 of this Article, in accordance with the principles and procedures laid down in Article 12(2) and (4) of Regulation (EC) No 2157/2001 and the following provisions of Directive 2001/86/EC: (a)Article 3(1), (2)(a)(i), 2(b) and (3), the first indent of the first subparagraph of Article3(4), the second subparagraph of Article 3(4), Article3(5), the third subparagraph of Article 3(6) and Article 3(7); (b)Article 4(1),Article 4(2)(a),(b) (c)(g) and (h), Article 4(3) and Article 4(4); (c)Article 5; (d)Article 6; (e)Article 7(1); (f) Articles 8, 9, 10 and 12; (g)the Annex, with the exclusion of points (a), (b) and paragraph 2 of Part 3, instead of which the following will apply as a minimum: The employees of the company, its subsidiaries and establishments and/or the representative body shall have the right to elect and appoint a number of members of the administrative or supervisory body of the converted company equal to two representatives in companies up from 50 employees, one third in companies having from 250 employees to 1000 employees and parity in companies with more than 1000 employees. 2. The agreement reached shall provide for at least the same level of employee participation as operated in the company prior to the conversion as well as at least the level that would apply following the rules in force concerning employee participation, if any, in the destination Member State. This level shall be measured by reference to the proportion of employee representatives amongst the members of the administrative or supervisory organ or their committees or of the management group which covers the profit units of the company, subject to employee representation. 3. When regulating the principles and procedures referred to in paragraph 1, Member States shall ensure that the rules on employee participation that applied prior to the cross-border conversion continue to apply until the date of application of any subsequently agreed rules or, in the absence of agreed rules, until the application of default rules in accordance with point (g) of paragraph 1. 4. When regulating the principles and procedures referred to in paragraph 3, Member States shall ensure that the rules on employee participation that applied prior to the cross-border conversion continue to apply until the date of application of any subsequently agreed rules or, in the absence of agreed rules, until the application of default rules in accordance with point (g) of paragraph 1. 5. Where the company carrying out the conversion is operating under an employee participation system, that company shall be obliged to take a legal form allowing for the exercise of participation rights. 6. Where the converted company is operating under an employee participation system, that company shall be obliged to take measures to ensure that employees' participation rights are protected in the event of any subsequent cross-border or domestic merger, division or conversion for a period of ten years after the cross-border conversion has taken effect, by applying mutatis mutandis the rules laid down in paragraphs 1 to 4. 7. A company shall communicate to its employees the outcome of the negotiations concerning employee participation without undue delay.”;
Amendment 348 #
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point a
Article 1 – paragraph 1 – point 18 – point a
Directive (EU) 2017/1132
Article 133 – paragraph 7
Article 133 – paragraph 7
Amendment 351 #
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point b
Article 1 – paragraph 1 – point 18 – point b
Directive (EU) 2017/1132
Article 133 – paragraph 8
Article 133 – paragraph 8
Amendment 411 #
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160n – paragraph 1
Article 160n – paragraph 1
Amendment 413 #
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160n – paragraph 2
Article 160n – paragraph 2
Amendment 419 #
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160n – paragraph 3
Article 160n – paragraph 3
3. In the cases referred to in paragraph 2, theThe information, consultation and participation of employees in the companies resulting from the cross-border division and their involvement in the definition of such rights shall be the object of an agreement between the employees and the management and shall be regulated by the Member States, mutatis mutandis and subject to paragraphs 4 to 7 of this Article, in accordance with the principles and procedures laid down in Article 12(2), (3) and (4) of Regulation (EC) No 2157/2001 and the following provisions of Directive 2001/86/EC:
Amendment 420 #
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
(b) Article 4(1), Article 4(2)(a), (b), (c), (g) and (h), Article 4(3) and Article 4(4);
Amendment 422 #
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160n – paragraph 3 – point e
Article 160n – paragraph 3 – point e
(e) the first subparagraph of Article 7(1);
Amendment 425 #
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160n – paragraph 3 – point g
Article 160n – paragraph 3 – point g
(g) the Annex, with the exclusion of points (a) of part 3 of the Annex, (b) and paragraph 2 of part 3, instead of which the following will apply as a minimum: The employees of the company, its subsidiaries and establishments and/or the representative body shall have the right to elect and appoint a number of members of the administrative or supervisory body of the converted company equal to two representatives in companies up from 50 employees, one third in companies having from 250 employees to 1000 employees and parity in companies with more than 1000 employees.
Amendment 428 #
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160n – paragraph 3 a (new)
Article 160n – paragraph 3 a (new)
3 a. The agreement reached shall provide for at least the same level of employee participation as operated in the company prior to the division as well as at least the level that would apply following the rules in force concerning employee participation, if any, in the destination Member State. This level shall be measured by reference to the proportion of employee representatives amongst the members of the administrative or supervisory organ or their committees or of the management group which covers the profit units of the company, subject to employee representation.
Amendment 430 #
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Amendment 435 #
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160n – paragraph 4 – point b
Article 160n – paragraph 4 – point b
Amendment 438 #
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160n – paragraph 4 – point c
Article 160n – paragraph 4 – point c
(c) shall ensure that the rules on participation that applied prior to the cross- border division continue to apply until the date of application of any subsequently agreed rules or in the absence of agreed rules until the application of default rules in accordance with point (ag) of Ppart 3 of the Annexagraph 3.
Amendment 440 #
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160n – paragraph 5
Article 160n – paragraph 5
Amendment 443 #
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160n – paragraph 7
Article 160n – paragraph 7
7. Where the company resulting from the cross-border division is operating under an employee participation system, that company shall be obliged to take measures to ensure that employees' participation rights are protected in the event of any subsequent cross-border or domestic merger, division or conversion for a period of threen years after the cross-border division has taken effect, by applying, mutatis mutandis, the rules laid down in paragraphs 1 to 6.