11 Amendments of Stephen HUGHES related to 2008/0414(COD)
Amendment 10 #
Proposal for a directive
Recital 16
Recital 16
(16) The transnational character of a matter should be determined by taking account of both the scope of its potential effects, and the level of management and representation that it involves. For this purpose, matters which concern the entire undertaking or group or at least two Member States, or which exceed the powers of the decision- making bodies in a single Member State in which employees that will be affected are employed, are considered to be transnational.
Amendment 13 #
Proposal for a directive
Recital 35 a (new)
Recital 35 a (new)
(35a) Member States should ensure that measures taken in the event of a failure to comply with this Directive are adequate, proportional and dissuasive.
Amendment 15 #
Proposal for a directive
Recital 39
Recital 39
(39) Where the structure of the undertaking or group of undertakings changes significantly, for example, due to a merger, acquisition or division, or a substantial change in its influence on the market, the existing European Works Council(s) must be adapted. This adaptation must be carried out as a priority pursuant to the clauses of the applicable agreement, if such clauses permit the required adaptation to be carried out. If this is not the case and a request establishing the need is made, negotiations, in which the members of the existing European Works Council(s) must be involved, will commence on a new agreement. In order to permit the information and consultation of employees during the often decisive period when the structure is changed, the existing European Works Council(s) must be able to continue to operate, possibly with adaptations, until a new agreement is concluded. Once a new agreement is signed, the previously established councils must be dissolved, and the agreements instituting them must be terminated, regardless of their provisions on validity or termination.
Amendment 17 #
Proposal for a directive
Article 1 – paragraph 4
Article 1 – paragraph 4
4. Matters shall be considered to be transnational where they 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, or where they exceed the powers of the decision-making bodies in a single Member State in which employees that will be affected are employed.
Amendment 23 #
Proposal for a directive
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
(b) The members of the special negotiating body shall be elected or appointed in proportion to the number of employees in each Member State by the Community- scale undertaking or Community-scale group of undertakings, by allocating in respect of each Member State in which at least 50 employees are employed one seat per portion of employees employed in that Member State amounting to 10%, or a fraction thereof, of the number of employees employed in all the Member States taken together;
Amendment 29 #
Proposal for a directive
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. The information provided to, and consultation of, the European Works Council shall relate to the matters referred to in point 1(a) of Annex I.
Amendment 36 #
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
Amendment 42 #
Proposal for a directive
Article 14
Article 14
Amendment 44 #
Proposal for a directive
Annex I – point 1 – point a – paragraph 2
Annex I – point 1 – point a – paragraph 2
The information and consultation of the European Works Council shall relate in particular to the structure, economic and financial situation, probable development and production and sales of the Community-scale undertaking or group of undertakings. The information and consultation of the European Works Council shall relate in particular to, the situation and probable trend of employment, investments, and substantial changes concerning organisation, introduction of new working methods or production processes, transfers of production, mergers, cut-backs or closures of undertakings, establishments or important parts thereof, and collective redundancies.
Amendment 47 #
Proposal for a directive
Annex I – point 1 – point c
Annex I – point 1 – point c
(c) The members of the European Works Council shall be elected or appointed in proportion to the number of employees in each Member State by the Community- scale undertaking or Community-scale group of undertakings, by allocating in respect of each Member State in which at least 50 employees are employed one seat per portion of employees employed in that Member State amounting to 10%, or a fraction thereof, of the number of employees employed in all the Member States taken together;
Amendment 54 #
Proposal for a directive
Annex I – point 3 – paragraphs 1 and 2
Annex I – point 3 – paragraphs 1 and 2
3. Where there are exceptional circumstancesF or decisionproposed measures affecting the employees' interests to a considerable extent, particularly in the event of relocations, the closure of establishments or undertakings or collective redundancies, the select committee or, where no such committee exists, the European Works Council shall have the right to be informed. It shall have the right to meet, at its request, the central management, or any other more appropriate level of management within the Community-scale undertaking or group of undertakings having its own powers of decision, so as to be informed and consulted. Those members of the European Works Council who have been elected or appointed by the establishments and/or undertakings which are directly concerned by the circumstances or decisionproposed measures in question shall also have the right to participate where a meeting is organised with the select committee.