34 Amendments of Dennis RADTKE related to 2019/2183(INL)
Amendment 8 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas democracy and democracy at work are core values of the European Union; whereas the freedom of assembly, workers’ right to information and consultation, and the right of collective bargaining and action are fundamental rights protected by the Charter of Fundamental Rights of the European Union;
Amendment 9 #
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas social dialogue, including employee information and consultation, is a key element of the European Social Model;
Amendment 15 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas workers representatives have played a key role in mitigating the impact of the COVID-19 pandemic in the workplace;
Amendment 50 #
Motion for a resolution
Subheading 1
Subheading 1
Call on the Commission for a long- awaited revision of Directive 2009/38/EC
Amendment 53 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. NotUnderlines that participation rights play a crucial role in a functioning of the social market economy; stresses that EWCs enhance democracy at the workplace and believes that it is essential to strengthen EWCs, taking into account the different industrial relations systems in the Member States;
Amendment 58 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Reiterates the need to raise awareness of EWCs among employee and management representatives; recalls that EWCs are unique transnational bodies set up for the purpose of informing and consulting employees and building and promoting corporate identity and that EWC engagement can develop and promote corporate culture and cohesion; highlights the importance of employees representatives, and in particular EWCs, participating meaningfully, after having been effectively informed and consulted, in the drawing up and implementation of transnational matters which significantly affect workers’ interests;
Amendment 62 #
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. highly regrets that the financial, material and legal resources needed to enable EWCs to perform their duties in an appropriate manner are not always provided by the central management; is concerned of the difficulties of EWCs accessing to the financial support provided by the European Commission 1a and stresses the urgent need to facilitate the application procedure and reduce all administrative burdens to access this funding; __________________ 1a Commission budget line 04.03.01.06
Amendment 63 #
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Reiterates its call on the Commission to propose a revision of Directive 2009/38/EC with a view to strengthening the right of employee representatives to information and consultation, according to the recommendations contained in its resolution of 16 December 2021;
Amendment 64 #
Motion for a resolution
Subheading 2
Subheading 2
Ensuring timely and meaningful consultation
Amendment 70 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines that the definition and consequent interpretation of what matters are to be regarded as ‘transnational issues’ remains vague and results in a fragmented implementation by the Member States; stresses in this regard that the scope of possible effects is a missing element which needs to be considered while determining the transnational character of a matter; reiterates its call to clarify the concept of the “transnational character of a matter” in Directive 2009/38/EC;
Amendment 74 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Regrets that the timely manner of consultation remains an issue where the employees’ representatives opinion may be requested or delivered at a point in time where no meaningful consideration can be taken or when the management decision on the proposed measure has already been taken; regrets that the lack of management obligation to take an opinion into account often results in the input being disregarded or failing to have an actual impact on the proposed measure at hand; reiterates its call on the Commission and the Member States to promote the strengthening of information and consultation rights to ensure that the EWC’s opinion is considered in company decisions and is delivered before consultation is completed at the respective level and before the governing bodies come to a decision;
Amendment 81 #
Motion for a resolution
Subheading 3
Subheading 3
Strengthening subsidiary requirements
Amendment 84 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that the three-year timing provision of situations governing the entry into force of subsidiary requirements in the event of a failure to conclude an agreement is excessive and to the disadvantage of workers; reiterates its call to strengthen the subsidiary requirements in Directive 2009/38/EC and underlines that the right of EWCs to have an annual meeting with the central management is insufficient and should be increased provide for biannual meetings in order to improve the practical functioning and running of EWCs;
Amendment 88 #
Motion for a resolution
Subheading 4
Subheading 4
Clarifying the scope of confidentiality
Amendment 89 #
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 94 #
Motion for a resolution
Subheading 5
Subheading 5
Improving dispute resolution
Amendment 96 #
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 101 #
Motion for a resolution
Subheading 6
Subheading 6
Introducing effective, dissuasive and proportionate penalties
Amendment 104 #
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 110 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Regrets that in many Member States penalties for non-compliance are not effective, dissuasive or proportionate as required by Directive 2009/38/EC; stresses that the provisions governing Member State penalties needs to be strengthen in order to improve compliance with Directive 2009/38/EC; reiterates its call on the Commission to revise the Directive 2009/38/EC with a view to introduce effective, dissuasive and proportionate penalties in order to secure compliance;
Amendment 115 #
Motion for a resolution
Subheading 7
Subheading 7
Ending the exemption of pre-Directive agreements
Amendment 116 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that the provisions guiding the situations in which the obligations of Directive 2009/38/EC do not apply due to other agreements in force warrant further clarification in order to improve the functioning and implementation of Directive 2009/38/EC; reiterates its previous call on the Commission and the Member States to put an end, after more than 20 years, to the exemption for the so- called voluntary pre-Directive agreements and calls for a revision of the relevant provisions of Directive 2009/38/EC;
Amendment 120 #
Motion for a resolution
Subheading 8
Subheading 8
Ensuring access to justice
Amendment 124 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. CReiterates its previous calls on the Member States to ensure effective access to justice for EWCs and forSpecial Negotiation Bodies, namely by the specification of the legal status of EWCs and Special Negotiating Bodies as legal actors;
Amendment 153 #
Motion for a resolution
Annex I – paragraph 1 – point 1 – point b
Annex I – paragraph 1 – point 1 – point b
“74a. In order to determine the transnational character of a matter, the scope of its possible effects must be taken into account. This includes matters which, irrespective of the number of Member States involved, are of concern to European workers in terms of the scope of their potential impact, as well as matters which involve the transfer of activities between Member States.”;
Amendment 159 #
Motion for a resolution
Annex I – paragraph 1 – point 2 – point g
Annex I – paragraph 1 – point 2 – 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, at such time, in such fashion and with such content as enables employees’ representatives to express a prior opinion on the basis of the information provided about the proposed measures to which the consultation is related, without prejudice to the responsibilities of the management, and within a reasonable time, which is to be taken into accountconsidered within the Community- scale undertaking or Community-scale group of undertakings;”;
Amendment 181 #
Motion for a resolution
Annex I – paragraph 1 – point 3 – paragraph 1
Annex I – paragraph 1 – point 3 – paragraph 1
“— where, after one year18 months from the date of this 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 185 #
Motion for a resolution
Annex I – paragraph 1 – point 4 – paragraph 1
Annex I – paragraph 1 – point 4 – paragraph 1
“1. Member States shall ensure that, within the conditions and limits laid down by national legislation, members of special negotiating bodies or of European Works Councils and any experts who assist them are obliged notnot authorised to reveal any trade secrets, as defined in Article 1(1) of Directive (EU) 2016/943 of the European Parliament and of the Council1a whichinformation which, in the legitimate interest of the undertaking or establishment haves expressly been provided to them in confidence.;
Amendment 195 #
Motion for a resolution
Annex I – paragraph 1 – point 4 – paragraph 4
Annex I – paragraph 1 – point 4 – paragraph 4
2. Each Member State shall define, in specific and substantiated cases and under the conditions and limits laid down by national legislation, that the central management situated in its territory is not obliged to transmit information when its nature is such that, according to objective criteria, it would seriously harm the functioning of the undertakings concerned or would be prejudicial to them.
Amendment 222 #
Motion for a resolution
Annex I – paragraph 1 – point 6 – point a – paragraph 2
Annex I – paragraph 1 – point 6 – point a – paragraph 2
Member States shall establish procedures to enablapply for and terminate the temporary suspension of decisions of the central management 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.”;
Amendment 228 #
Motion for a resolution
Annex I – paragraph 1 – point 6 – point b – introductory part
Annex I – paragraph 1 – point 6 – point b – introductory part
(b) inafter paragraph 3, the following subparagraph is added:
Amendment 258 #
Motion for a resolution
Annex I – paragraph 1 – point 7 – paragraph 2 – point 3
Annex I – paragraph 1 – point 7 – paragraph 2 – point 3
3. The financial penalties referred to in paragraph 2, point (a), shall amount to a maximum of at least EUR 10 000 000 or 2 % of the undertaking’s total annual worldwide turnover in the preceding businessfinancial year, whichever is higher.
Amendment 264 #
Motion for a resolution
Annex I – paragraph 1 – point 7 – paragraph 2 – point 4
Annex I – paragraph 1 – point 7 – paragraph 2 – point 4
4. In the case of intentional infringements, Member States shall provide for a maximum financial penalty of at least EUR 20 000 000 or 4 % of the undertaking’s total worldwide annual turnover in the preceding businessfinancial year, whichever is higher.
Amendment 282 #
Motion for a resolution
Annex I – paragraph 1 – point 8 – point c a (new)
Annex I – paragraph 1 – point 8 – point c a (new)
(ca) The following subparagraph is added: "Upon expiry of the agreements referred to in paragraph 1 of this Article, the parties to those agreements may decide jointly to renew or revise them. Where this is not the case, the provisions of this Directive shall apply. All efforts shall be made in line with Article 6 (1) to reach an agreement."