18 Amendments of Sylvie BRUNET related to 2024/0006(COD)
Amendment 68 #
Proposal for a directive
Recital 7
Recital 7
(7) Members of special negotiating bodies may need legal advice or representation to carry out their tasks under Directive 2009/38/EC. It is however not sufficiently clear that they are entitled to the coverage of the associated legal fees. With a view to ensuring such coverage, it should be clarified that central management is to bear reasonable costs incurred by members of special negotiation bodies, which the latter should be required to notify in advance. It is appropriate to limit that obligation to reasonable legal costs to ensure that management is not liable for manifestly disproportionate costs, costs without justifiable link to the provision of relevant legal advice or representation, or costs created by manifestly unfounded, frivolous, or vexatious claims. Moreover, Directive 2009/38/EC gives Member States discretion to lay down budgetary rules regarding the operation of special negotiating body and European Works Councils based on subsidiary requirements, having regard to the principle that expenses relating to the appropriate conduct of the special negotiating boardy’s functions must be borne by the central management. Member States are encouraged to lay down such rules and set certain price ranges for each relevant expense category to prevent situations where undertakings will be notified with disproportionate costs. The same logic should also apply to subsidiary requirements and agreements of European Works Councils, thus reducing the risk of disputes on this matter. Therefore, the provisions referring to the number of experts to be funded by central management are redundant and should be deleted.
Amendment 68 #
Proposal for a directive
Recital 7
Recital 7
(7) Members of special negotiating bodies may need legal advice or representation to carry out their tasks under Directive 2009/38/EC. It is however not sufficiently clear that they are entitled to the coverage of the associated legal fees. With a view to ensuring such coverage, it should be clarified that central management is to bear reasonable costs incurred by members of special negotiation bodies, which the latter should be required to notify in advance. It is appropriate to limit that obligation to reasonable legal costs to ensure that management is not liable for manifestly disproportionate costs, costs without justifiable link to the provision of relevant legal advice or representation, or costs created by manifestly unfounded, frivolous, or vexatious claims. Moreover, Directive 2009/38/EC gives Member States discretion to lay down budgetary rules regarding the operation of special negotiating body and European Works Councils based on subsidiary requirements, having regard to the principle that expenses relating to the appropriate conduct of the special negotiating boardy’s functions must be borne by the central management. Member States are encouraged to lay down such rules and set certain price ranges for each relevant expense category to prevent situations where undertakings will be notified with disproportionate costs. The same logic should also apply to subsidiary requirements and agreements of European Works Councils, thus reducing the risk of disputes on this matter. Therefore, the provisions referring to the number of experts to be funded by central management are redundant and should be deleted.
Amendment 76 #
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. 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 special negotiating body, the European Works Council or its select committee. In accordance with the case- law of the Court of Justice of the European Union6, 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. _______________________ 6 Judgment of the Court of Justice of 28 March 2000, Badeck and Others, C- 158/97, ECLI:EU:C:2000:163.
Amendment 76 #
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. 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 special negotiating body, the European Works Council or its select committee. In accordance with the case- law of the Court of Justice of the European Union6, 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. _______________________ 6 Judgment of the Court of Justice of 28 March 2000, Badeck and Others, C- 158/97, ECLI:EU:C:2000:163.
Amendment 81 #
Proposal for a directive
Recital 17
Recital 17
(17) In certain Member States, rightsholders under Directive 2009/38/EC encounter difficulties in bringing legal actions to enforce their rights. It is therefore necessary to strengthen Member States’ obligation toMember States should develop mechanisms to encourage mediation and they shall provide for alternative dispute mechanisms, thus avoiding an unnecessary increase of court cases. At the same time, Member States should ensure effective remedies and access to justice and the supervision byit is necessary for the Commission ofto supervise their compliance with that obligation. For that purpose, Member States should be required to notify the Commission ofabout which alternative dispute mechanisms have been put in place and how and under which circumstances the rightsholders can bring judicial, and where applicable, administrative procedures, in respect of all their rights under this Directive. Moreover, it should be clarified that the relevant procedures have to enable a timely and effective enforcement, and that possible prior out-of-court settlement procedures can neither result in a decision which is binding on the parties concerned, nor prejudice rightsholders’ right to bring legal proceedings.
Amendment 81 #
Proposal for a directive
Recital 17
Recital 17
(17) In certain Member States, rightsholders under Directive 2009/38/EC encounter difficulties in bringing legal actions to enforce their rights. It is therefore necessary to strengthen Member States’ obligation toMember States should develop mechanisms to encourage mediation and they shall provide for alternative dispute mechanisms, thus avoiding an unnecessary increase of court cases. At the same time, Member States should ensure effective remedies and access to justice and the supervision byit is necessary for the Commission ofto supervise their compliance with that obligation. For that purpose, Member States should be required to notify the Commission ofabout which alternative dispute mechanisms have been put in place and how and under which circumstances the rightsholders can bring judicial, and where applicable, administrative procedures, in respect of all their rights under this Directive. Moreover, it should be clarified that the relevant procedures have to enable a timely and effective enforcement, and that possible prior out-of-court settlement procedures can neither result in a decision which is binding on the parties concerned, nor prejudice rightsholders’ right to bring legal proceedings.
Amendment 137 #
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 i a (new)
Article 2 – paragraph 1 – point i a (new)
(ia) ‘reasonable costs‘ concern expenses that are directly related to the proper functioning and operating of the special negotiating body or the European Works Council, the training of their members or those, which have a justifiable link to the provision of relevant advice or representation to fulfil their mission. When a European Works Council agreement is reached, it shall include a price range for each relevant category of expenses.
Amendment 137 #
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 i a (new)
Article 2 – paragraph 1 – point i a (new)
(ia) ‘reasonable costs‘ concern expenses that are directly related to the proper functioning and operating of the special negotiating body or the European Works Council, the training of their members or those, which have a justifiable link to the provision of relevant advice or representation to fulfil their mission. When a European Works Council agreement is reached, it shall include a price range for each relevant category of expenses.
Amendment 152 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2009/38/EC
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 employed in each Member State by the Community-scale undertaking or the Community-scale group of undertakings, in a manner that strives to achieve a gender-balanced representation, by allocating in respect of each Member State 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. The special negotiating bodies shall strive to represent the diversity of the workforce and a gender-balanced representation, whereby women and men each comprise at least 40% of special negotiating body members. If this objective is not reached, the reasons should be explained in written;”;
Amendment 152 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2009/38/EC
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 employed in each Member State by the Community-scale undertaking or the Community-scale group of undertakings, in a manner that strives to achieve a gender-balanced representation, by allocating in respect of each Member State 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. The special negotiating bodies shall strive to represent the diversity of the workforce and a gender-balanced representation, whereby women and men each comprise at least 40% of special negotiating body members. If this objective is not reached, the reasons should be explained in written;”;
Amendment 208 #
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 representativesrepresenting the diversity of the workforce, and for attaining, as far as possible, 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, without prejudice to national laws on electing workers representatives. If this objective is not reached, the reasons should be explained in written.”;
Amendment 208 #
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 representativesrepresenting the diversity of the workforce, and for attaining, as far as possible, 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, without prejudice to national laws on electing workers representatives. If this objective is not reached, the reasons should be explained in written.”;
Amendment 305 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point c
Article 1 – paragraph 1 – point 9 – point c
Directive 2009/38/EC
Article 11 – paragraph 4
Article 11 – paragraph 4
“4. Member States are encouraged to develop out-of-court mediation procedures enabling both parties to find acceptable solutions. Where Member States make access to legal proceedings conditional upon the prior implementation of an alternative dispute resolution, that procedure shall neither result in a decision which is binding on the parties concerned, nor otherwise prejudice their right to bring legal proceedings.”;
Amendment 305 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point c
Article 1 – paragraph 1 – point 9 – point c
Directive 2009/38/EC
Article 11 – paragraph 4
Article 11 – paragraph 4
“4. Member States are encouraged to develop out-of-court mediation procedures enabling both parties to find acceptable solutions. Where Member States make access to legal proceedings conditional upon the prior implementation of an alternative dispute resolution, that procedure shall neither result in a decision which is binding on the parties concerned, nor otherwise prejudice their right to bring legal proceedings.”;
Amendment 339 #
Proposal for a directive
Annex I – paragraph 1 – point 1 – point c
Annex I – paragraph 1 – point 1 – point c
Directive 2009/38/EC
Annex 1 – point 1– point d d
Annex 1 – point 1– point d d
“(dd) as far as possible, the European Works Council members and those of select committee shall represent the diversity of the workforce and women and men shall each comprise at least 40% of European Works Council members and of select committee members. If this objective is not reached, the reasons should be explained in written;”;
Amendment 339 #
Proposal for a directive
Annex I – paragraph 1 – point 1 – point c
Annex I – paragraph 1 – point 1 – point c
Directive 2009/38/EC
Annex 1 – point 1– point d d
Annex 1 – point 1– point d d
“(dd) as far as possible, the European Works Council members and those of select committee shall represent the diversity of the workforce and women and men shall each comprise at least 40% of European Works Council members and of select committee members. If this objective is not reached, the reasons should be explained in written;”;
Amendment 349 #
Proposal for a directive
Annex I – paragraph 1 – point 5 – point a
Annex I – paragraph 1 – point 5 – point a
Directive 2009/38/EC
Annex 1 – point 6 – subparagraph 3 a (new)
Annex 1 – point 6 – subparagraph 3 a (new)
(a) the following subparagraph is inserted between the third and fourth subparagraphs: “The operating expenses of the European Works Council shall include reasonable costs of legal assistance, representation and proceedings, which shall, when applicable, fall within the price ranges provided for in national legislation. Operating expenses shall be notified to central management before they are incurred.”;
Amendment 349 #
Proposal for a directive
Annex I – paragraph 1 – point 5 – point a
Annex I – paragraph 1 – point 5 – point a
Directive 2009/38/EC
Annex 1 – point 6 – subparagraph 3 a (new)
Annex 1 – point 6 – subparagraph 3 a (new)
(a) the following subparagraph is inserted between the third and fourth subparagraphs: “The operating expenses of the European Works Council shall include reasonable costs of legal assistance, representation and proceedings, which shall, when applicable, fall within the price ranges provided for in national legislation. Operating expenses shall be notified to central management before they are incurred.”;