11 Amendments of Elena GENTILE related to 2016/0359(COD)
Amendment 36 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) Workers’ representatives should be given a whistleblower role with regard to the state of health of their company. In addition, the use of expert evaluations as part of restructuring plans should be guaranteed and promoted, particularly evaluations relevant to buy-outs of companies by their employees.
Amendment 97 #
Proposal for a directive
Recital 25
Recital 25
(25) To ensure that rights which are substantially similar are treated equitably and that restructuring plans can be adopted without unfairly prejudicing the rights of affected parties, affected parties should be treated in separate classes which reflect the class formation criteria under national law. As a minimum, secured and unsecured creditors should always be treated in separate classes. National law may provide that secured claims may be divided into secured and unsecured claims based on collateral valuation. National law may also stipulate specific rules supporting class formation where non-diversified or otherwise especially vulnerable creditors, such as workers or small suppliers, would benefit from such class formation. Workers should, at all events, be given preferential treatment and special consideration as potential buyers. National laws should in any case ensure that adequate treatment is given to matters of particular importance for class formation purposes, such as claims from connected parties, and should contain rules that deal with contingent claims and contested claims. The judicial or administrative authority should examine class formation when a restructuring plan is submitted for confirmation, but Member States could stipulate that such authorities may also examine class formation at an earlier stage should the proposer of the plan seek validation or guidance in advance.
Amendment 160 #
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. Member States shall ensure that workers’ representatives are in a position to have recourse to an expert funded by the undertaking, giving access to relevant, up-to-date, clear, concise and user- friendly information regarding the situation of the business and the different restructuring policies being envisaged, including transfer to worker ownership;
Amendment 167 #
Proposal for a directive
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. Member States shall introduce specific provisions placing workers in a position, prior to restructuring, to consider the possibility of a cooperative buyout, a process that would include entering into negotiations with creditors, administrators, experts, financial institutions, trade unions and the authorities concerned, so as to create every opportunity for a viable and sustainable takeover that would not simply be considered as a last resort. Member States shall ensure that the necessary legal provisions are in place for worker buyouts and the creation of cooperatives in this and other instances. Public financing should be secured, through the cohesion funds for example, to assist projects ahead of restructuring, as well as mechanisms for the direct funding of cooperative worker buyouts.
Amendment 183 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Paragraph 2 shall not apply to workers' outstanding claims except if and to the extent that Member States ensure by other means that the payment of such claims is guaranteed at a level of protection at least equivalent to that provided for under the relevant national law transposing Directive 2008/94/EC.
Amendment 196 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. A general stay covering all creditors shall prevent the opening of insolvency procedures at the request of one or more creditors, with the exception of procedures requested by the workers under Article 6(3).
Amendment 210 #
Proposal for a directive
Article 8 – paragraph 1 – point g a (new)
Article 8 – paragraph 1 – point g a (new)
(ga) an assessment of the employability and the individual and collective skills of the employees affected by the plan.
Amendment 212 #
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. The rights and claims of employees shall not be affected by restructuring plans.
Amendment 215 #
Proposal for a directive
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. Member States shall ensure that workers’ representatives are able to appoint an expert of their choice, funded by the business, to give prior consideration to the causes and consequences for the viability of the business, employment, and pay, and that they are able to make proposals in the context of the information and consultation process (Directive 2002/14/EC).
Amendment 231 #
Proposal for a directive
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. Member States shall ensure that, where the bids received are equal, preferential rights are accorded to the workers in order to place them in the best position to make a takeover bid should their business be closed down.
Amendment 245 #
Proposal for a directive
Article 10 – paragraph 2 – point c a (new)
Article 10 – paragraph 2 – point c a (new)
(ca) any restructuring plan which is the subject of counter-proposals from the workers’ class, in particular to further those which include a change of shareholder supported by the workers’ class, or any restructuring plan making workers the future buyers.