67 Amendments of Estrella DURÁ FERRANDIS related to 2019/2183(INL)
Amendment 13 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas under Article 2 TEU, equality is a founding value of the Union and it is common to the Member States in a society in which equality, including equality between women and men, prevails and whereas under Article 3(3) TEU, the Union is to promote equality between women and men;
Amendment 16 #
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas, according to latest figures from an ETUI survey, the vast majority of EWC members are men and women constitute only 15,4% of EWC representatives; whereas, when compared the gender of EWC members and their function, women are less likely to be found in more senior positions;
Amendment 17 #
Motion for a resolution
Recital B c (new)
Recital B c (new)
Bc. whereas the European Pillar of Social Rights, jointly proclaimed by the European Parliament, the Council, and the Commission in 2017, incorporates among its principles equality of treatment and opportunities between women and men, including regarding participation in the labour market, terms and conditions of employment and career progression;
Amendment 37 #
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas the regulatory landscape of the Union in the field of employment law and company law remains excessively fragmented, which could results in a lack of legal certainty on applicable rules and rights for both employers and employees; whereas it is essential to reinforce the Union’s toolkit in these fields by introducing an ambitious Directive that streamlines and simplifies the applicable legislation and that reinforces workers' rights, notably the right to information, consultation and participation;
Amendment 38 #
Motion for a resolution
Recital I b (new)
Recital I b (new)
Amendment 39 #
Motion for a resolution
Recital I c (new)
Recital I c (new)
Ic. whereas EWCs play a crucial role in the Europeanisation of industrial relations, therefore representing an indispensable tool to rebalance social rights with economic freedoms and practices within the single market towards a sustainable, inclusive and resilient growth model;
Amendment 40 #
Motion for a resolution
Recital I d (new)
Recital I d (new)
Id. whereas Parliament in its resolution of 9 June 2022 on "The call for a Convention for the revision of the Treaties1a has submitted to Council under the ordinary revision procedure laid down in Article 48 TEU a number of proposals for the amendment of the Treaties which include the request to incorporate social progress in Article 9 TFEU linked to a Social Progress Protocol to be added in the framework of the Treaties; __________________ 1a Text adopted, P9_TA(2022)0244.
Amendment 41 #
Motion for a resolution
Recital I e (new)
Recital I e (new)
Ie. whereas the disruptive impact on the economy and the labour market brought about by ongoing transformations such as technological development, digitalisation, the transition to a low-carbon economy, COVID-19 pandemic prevention measures and the economic and social recovery from the pandemic, as well as new forms of employment such as platform and remote work, should be accompanied by an extensive update and revision of the Union's legislative instruments and practices to address the existing challenges while also harnessing the potential of such transformations;
Amendment 42 #
Motion for a resolution
Recital I f (new)
Recital I f (new)
If. whereas the use of digital tools such as videoconferencing systems should be used only as a means to reinforce the rights of the EWC Directive and its practical application, but should never substitute the procedural obligations for consultation and information, such as holding regular meetings in presence between the EWCs and the central management;
Amendment 43 #
Motion for a resolution
Recital I g (new)
Recital I g (new)
Ig. whereas trade unions and workers’ representatives have played a key role in mitigating the impact of the COVID-19 pandemic in the workplace, from the introduction of measures to protect the health and safety of workers, notably essential workers in highly exposed workplaces, to the implementation of job retention schemes, such as short-time work, and new forms of work organisation, such as working from home;
Amendment 44 #
Motion for a resolution
Recital I h (new)
Recital I h (new)
Ih. whereas a significant number of restructuring processes are currently underway as a result of the COVID-19 crisis; whereas the disruptive impact of the pandemic has temporarily accelerated the pace of company restructuring and enlarged the scope thereof, especially in certain sectors; whereas the consultation of workers and their participation and collective bargaining are essential to address the positive and negative impacts of restructuring;
Amendment 45 #
Motion for a resolution
Recital I i (new)
Recital I i (new)
Ii. whereas, according to the Opinion of the European Economic and Social Committee of 17 October 2018 on the package on European company law1a, the role of EWCs should be enhanced in the event of large company transformations, in accordance with Directive 2009/38/EC; _____________________ 1a https://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:5201 8AE1917&rid=3
Amendment 46 #
Motion for a resolution
Recital I j (new)
Recital I j (new)
Ij. whereas more structured and proactive methods of information and consultation of employees' representatives should be foreseen also in the preparation of new corporate strategies, economic policies and business plans, with due regard of confidentiality clauses, and not just for their implementation;
Amendment 47 #
Motion for a resolution
Recital I k (new)
Recital I k (new)
Ik. whereas the Recovery Plan offers to both employers and workers an unprecedented opportunity for innovation to finance sustainable and digital investments and projects; whereas the timely and effective employees' involvement in the programming and in the carrying out of these projects is essential in order to adequately identify, anticipate and manage their potential transformative effects on the workplace and on the relations between social partners;
Amendment 48 #
Motion for a resolution
Recital I l (new)
Recital I l (new)
Il. whereas, according to Article 151 TFEU, the Union and the Member States have as their objectives the promotion of employment, improved living and working conditions, so as to make possible their harmonisation while the improvement is being maintained; whereas, to this end the Union and the Member States shall implement measures which take account of the diverse forms of national practices, in particular in the field of contractual relations; whereas the Treaty states that such a development will ensue not only from the functioning of the internal market, but also from the approximation of provisions laid down by law, regulation or administrative action;
Amendment 49 #
Motion for a resolution
Recital I m (new)
Recital I m (new)
Im. whereas recent research by Eurofound has demonstrated the impact of COVID on the functioning and establishment of EWC. In a number of cases the mobility restrictions imposed by public health measures have halted progress in discussion in the establishment around new EWCs. In the case of existing EWC, it has largely moved meetings online. Whilst in some context and the relatively greater ease of organising online meetings has contributed to a more active exchange, there is clear concern among worker representatives that the COVID experience should not lead to pressure for a greater move of meetings online in future;
Amendment 51 #
Motion for a resolution
Paragraph -1 a(new)
Paragraph -1 a(new)
-1a. Calls on the Commission to put forward a proposal for revision of Directive 2009/38/EC, with the aim of clarifying its objectives, definitions, procedures and provisions and of strengthening the involvement of workers in the companies' decisions, in particular by reinforcing the ability of employee representatives to enforce their rights to information and consultation, notably during restructuring processes;
Amendment 52 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that participation rights play a crucial role in athe functioning of the social market economy; stresses that EWCs enhance democracy at the workpla and are increasingly important in the context of the transformations of the labour market arising from the green and digital transitions; stresses that EWCs enhance democracy at the workplace, employee engagement and wellbeing and mutual trust between management and employees, increase labour productivity, contribute to fostering innovation policies and practices within the undertaking and facilitate internal flexibility of the workforce;
Amendment 65 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Acknowledges that Directive 2009/38/EC has led to improvements regarding the establishment and functioning of EWCs; regrets, however, that EWCs still face major difficulties to enforce their rights, especially on timely information and consultation; calls on the Commission to include joint ventures, franchise systems and contract management in the scope of the revision of Directive 2009/38/EC, as well as to put an end to exemptions for old, so-called ‘voluntary’ pre-directive agreements after more than 20 years, to prevent the abuse of confidentiality rules and to strengthen the subsidiary requirements, which provide a blueprint for negotiated agreements;
Amendment 68 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that employees’ right to information and consultation should always be ensured in a timely and effective manner, and should also address the potential quantitative and qualitative effects on jobs, working time and work organisation, including the changes deriving from the ongoing transformations of the world of work such as the development of digital innovation processes and products and their effects on employment, for example smart or remote working and digital surveillance;
Amendment 69 #
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Highlights that achieving gender equality in the workplace requires a comprehensive approach, which also includes fostering gender balanced decision-making within companies as well as gender balanced workers representation at all levels in information and consultation processes and bodies, including in the EWCs; calls on the Commission to include provisions in the upcoming revision of Directive 2009/38/EC in order to ensure that at least 40% of the workers representatives in each EWC are women.
Amendment 72 #
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 therefore highlights the importance of consolidating this regard thatdefinition and of considering the scope of possible effects is a missing element which needs to be considered whileof the specific issue, as well as the level of management and representation it involves, when determining the transnational character of a matter;
Amendment 75 #
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; calls for a modification of the definition of ‘consultation’ in Directive 2009/38/EC to include the obligation of a reasoned response by the employer before the decision is taken, in line with Directive 2002/14/EC;
Amendment 79 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Considers that trade union and workers’ representatives in the EWCs must have timely access to meaningful and up-to-date information about any envisaged decisions having potential impact on the company’s strategy and economic performance and on jobs and working conditions; stresses the importance of allowing enough time and resources to run an in-depth assessment of the information provided with the support of experts, especially to explore alternatives to measures which may have a significant negative impact on workers, such as redundancies or closures, as well as to ensure the genuine opportunity to discuss those alternatives with relevant management who should provide a response to any proposed alternatives;
Amendment 83 #
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; uUnderlines that the right of EWCs to have an annual meeting with the central management is insufficient and should be increased provide for at least biannual meetings in order to improve the practical functioning and running of EWCs;
Amendment 91 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Highlights that the Member State implementacalls for a clear definition of confidentiality provis informations is fragmented due to the lack of a clear definition and therefore calls for a clear definition of confidential information in line with the definitions provided for in Directive 2016/943n line with the definitions provided for in Directive 2016/943, in order to prevent abuse of confidentiality, which hinders the flow of information both to employees and external experts such as trade union experts; stresses in this context that further efforts by Member State are needed in order to specify and clarify the conditions under which the central management is not required to pass on information which could be harmfulmay withhold information and on what grounds EWC members’ right to share information with stakeholders can be restricted;
Amendment 98 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
Amendment 102 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Is concerned about the fragmented and insufficient compliance with Directive 2009/38/EC and stresses the need to ensure proper, effective and timely compliance, implementation and enforcement of the Directive; calls in this regard for reinforced rules and procedures and other measures to ensure proper, effective and time, such as the temporary suspension of the implementation of management decisions until the procedure for informing and consulting the EWC has been properly complianceeted, including the temporary suspension of the implementation of management decisioninterim injunctions lodged pursuant national judicial procedures, in case of a breach of the obligations for informing or consulting the EWCs;
Amendment 108 #
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 strengthened in order to improve compliance with Directive 2009/38/EC; warns that in some Member States, the courts appointed to hear or instruct the cases related to EWC often are not competent on issues related to the application of the Directive, company law, restructuring processes or collective dismissals; calls on the Member States to appoint those competent courts that usually oversee matters related to working conditions, labour relations and collective bargaining;
Amendment 114 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Believes that the Commission should take charge of compiling a database of those companies falling under remit of Directive 2009/38/EC and make this information publicly available;
Amendment 117 #
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 agreementsPoints out that 28 years after the adoption of the first EWC Directive, many pre-Directive agreements are still in force and have not been adapted to the requirements of Directive 2009/38/EC; believes that it is essential that all EWC agreements are governed by the same rights and obligations, in force warrant further clarification in order to improve the funcder to ensure equal treatment of workers, access to the application of high Union standards, legal certainty, as well as the due harmonisation ing and implementa the legal frameworks governing the functioning of Directive 2009/38/ECdifferent EWCs;
Amendment 123 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on Member States to ensure access to justice for EWCs and Special Negotiating Bodies for the specification of the legal status of EWCs and Special Negotiating Bodies as legal actors; calls on Member States to ensure that effective administrative or judicial mechanisms are in place, to allow members of a EWC or a Special Negotiation Body to lodge complaints against the central management; calls on the Commission to introduce effective, dissuasive and proportionate sanctions;
Amendment 126 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Highlights the need to promote the EWCs' participation in the drawing up and implementation of the companies' new business plans with a transnational impact on workers, including any digital innovation processes, by establishing more structured and pro-active methods of information and consultation of employees representatives in these fields; stresses also that employees' representation should take part in the elaboration of social plans, which should be an integral part of such business plans, aimed at governing changes that may affect workers and generate redundancies;
Amendment 129 #
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Highlights that the Recovery Plan offers the opportunity for innovation to finance sustainable and digital investments and projects at the workplace, which require a coordinated programming and implementation effort between employers and employees; stresses that the timely information and consultation of EWCs in this process is essential in order to adequately identify, anticipate and manage their potential transformative and transnational effects on employment and on the relations between social partners as well as to ensure that the potential profits are fairly shared between the management and the workers;
Amendment 132 #
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Stresses that the right to bargain with employers with respect to conditions of work constitutes an essential element in freedom of association, and trade unions and workers representatives have the right, through collective bargaining or information and consultation, to seek to improve the living and working conditions of those whom they represent; the employers should refrain from any interference which would restrict this right or impede the lawful exercise thereof and workers representatives in EWCs should be protected in the exercise of their rights against any retaliation or union busting practices;
Amendment 135 #
Motion for a resolution
Paragraph 11 d (new)
Paragraph 11 d (new)
11d. Believes that a revised Directive should discuss enlarging the scope of the application to a greater number of companies by lowering the minimum workforce threshold established for the establishment of EWC;
Amendment 145 #
Motion for a resolution
Annex I – paragraph 1 – point 1 – point a
Annex I – paragraph 1 – point 1 – point a
Amendment 152 #
Motion for a resolution
Annex I – paragraph 1 – point 1 – point b
Annex I – paragraph 1 – point 1 – point b
“7a. In order to determine the transnational character of a matter, the scope of its possible effects mustshall 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 158 #
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 toshall be taken into account within the Community- scale undertaking or Community-scale group of undertakings;”;, and to obtaining a reasoned response;"
Amendment 161 #
Motion for a resolution
Annex I – paragraph 1 – point 2 a (new)
Annex I – paragraph 1 – point 2 a (new)
(2a) in Article 5, paragraph 1 is replaced by the following: "1. In order to achieve the objective set out in Article 1(1), the central management shall initiate negotiations for the establishment of a European Works Council or an information and consultation procedure on its own initiative or at either the joint or the separate written request of at least 100 employees or their representatives representing together at least two undertakings or establishments in at least two different Member States".
Amendment 168 #
Motion for a resolution
Annex I – paragraph 1 – point 2 b (new)
Annex I – paragraph 1 – point 2 b (new)
(2b) in Article 5(6), the second subparagraph is replaced by the following: "In compliance with this principle, Member States may lay down budgetary rules regarding the operation of the special negotiating body. They may in particular limit the funding to cover one expert only in addition to the expert representing a competent recognised Community-level trade union organisation."
Amendment 172 #
Motion for a resolution
Annex I – paragraph 1 – point 2 c (new)
Annex I – paragraph 1 – point 2 c (new)
(2c) The following article is inserted after Article 5: Article 5a Objectives with regard to gender balance on European Works Councils and select committee 1. The central management and the Special Negotiating Body when setting up a new EWC, or the central management and the EWC when renegotiating the EWC agreement, shall negotiate in a spirit of cooperation the necessary arrangements in order to ensure that EWC are subject to the following objectives to be reached: (a) members of the underrepresented sex hold at least 40% of EWC representative; (b) members of the underrepresented sex hold at least 40% of select committee positions. The number of EWC representatives and select committee positions deemed necessary to attain the objective laid down in points a) and b) of paragraph 1 shall be a number closest to the proportion of 40%, but not exceeding 49%.
Amendment 175 #
Motion for a resolution
Annex I – paragraph 1 – point -3 a (new)
Annex I – paragraph 1 – point -3 a (new)
(-3a) in Article 7(1), the second indent is replaced by the following: "— where the first meeting of the Special negotiating body doesn’t take place within six months of the request referred to in Article 5(1),
Amendment 177 #
Motion for a resolution
Annex I – paragraph 1 – point 3
Annex I – paragraph 1 – point 3
Amendment 182 #
Motion for a resolution
Annex I – paragraph 1 – point 3 a (new)
Annex I – paragraph 1 – point 3 a (new)
(3a) in Article 7(1), the following indent is added: "- where the Special negotiating body is not convened on a regular basis, and at least every quarter"
Amendment 189 #
Motion for a resolution
Annex I – paragraph 1 – point 4 – paragraph 3 – subparagraph 1
Annex I – paragraph 1 – point 4 – paragraph 3 – subparagraph 1
This paragraph shall not apply to members ofthe communication between the European Works Council who pass on information to national or local work councils that may affect the situation of workers where such information has been provided toand the employees’ representatives and the competent recognised trade union organisation on information that may affect the situation of workers. The central management shall specify to members of the European Works Council the objective criteria used to decide on the confidential nature of them in confidence and is subject to national rules on confidentialityformation, as well as how long the confidentiality applies. Member States shall ensure that special negotiation bodies or European Works Councils may have the classification of a matter reviewed by a urgent administrative or judicial decision.
Amendment 199 #
Motion for a resolution
Annex I – paragraph 1 – point 5 – introductory part
Annex I – paragraph 1 – point 5 – introductory part
(5) in Article 9, the following paragraph iss are added:
Amendment 201 #
Motion for a resolution
Annex I – paragraph 1 – point 5 – paragraph 1
Annex I – paragraph 1 – point 5 – paragraph 1
"The central management shall initiate the information and consultation procedure within a timeframe and in such a manner that allows the European Works Council for meaningful consultation of all employees representatives concerned at local and national level with the aim to deliver its opinion before the consultation procedure is finished at the respective level." “If there is a dispute between the central management and the European Works Council or the employees' representatives as to whether an information and consultation procedure is to be carried out, the central management shall provide duly substantiated grounds in writing for the reasons why the information and consultation requirements under this Directive or under agreements concluded pursuant thereto do not apply, in particular because of the absence of transnational issues.”;cluding the reasons that justify the absence of transnational issues." "The European Works Council or the select committee may be assisted by experts of its choice, insofar as this is necessary for it to carry out its tasks. Such experts shall include representatives of competent recognised Community-level trade union organisations. At the request of the European Works Council, such experts and such trade union representatives shall be present at meetings of the European Works Council and meetings with the central management in an advisory capacity. "In compliance with these principles, the Member States may lay down budgetary rules regarding the operation of the European Works Council. They may in particular limit the funding to one expert coming in addition to the representative of a competent recognised Community-level trade union organisation."
Amendment 208 #
Motion for a resolution
Annex I – paragraph 1 – point 5 a (new)
Annex I – paragraph 1 – point 5 a (new)
(5a) In article 10, paragraph 2 is replaced by the following: "2. Without prejudice to Article 8, the members of the European Works Council shall have the right and necessary resources to inform the representatives of the employees of the establishments or of the undertakings of a Community-scale group of undertakings or, in the absence of representatives, the workforce as a whole, whenever it deems it necessary to perform its tasks deriving from this Directive, in particular before and after its meetings."
Amendment 211 #
Motion for a resolution
Annex I – paragraph 1 – point 5 b (new)
Annex I – paragraph 1 – point 5 b (new)
(5b) In Article 10, the following paragraph is added: "5) Members of Special Negotiating Bodies, members of European Works Councils and employees’ representatives exercising their functions under the procedure referred to in Article 6(3) shall, in the exercise of their functions, enjoy protection and guarantees against the following practices: all acts which undermine or obstruct the exercise of their rights and obligations under this Directive, or which discriminate against them or which imply any unfair treatment, retaliation or union busting. Member States shall implement measures, including sanctions, ensuring these protection and guarantees.
Amendment 213 #
Motion for a resolution
Annex I – paragraph 1 – point 6 – point a – paragraph 1
Annex I – paragraph 1 – point 6 – point a – paragraph 1
“2. Member States shall enprovide for appropriate measure,s in the event of failure to comply with this Directive, that adequate administrative orincluding where the obligations for information and consultation of the European Works Council are breached; they shall also ensure that adequate administrative and judicial procedures, notably interim injunctions that may be lodged pursuant to national judicial procedures, are available and effectively accessible to enable the rights and obligations deriving from this Directive to be enforced in a timely and effective manner. The effects of the challenged decisions on employment contracts or employment relationships of the affected employees shall be suspended accordingly."
Amendment 232 #
Motion for a resolution
Annex I – paragraph 1 – point 6 – point b – paragraph 1
Annex I – paragraph 1 – point 6 – point b – paragraph 1
“The central management shall bear the direct costs incurred in carrying All judicial costs including legal expenses, legal proceeding, court thefees, procedures, including the costs of legal representation and the subsistence and travel expenses for at least one workers' representatival costs shall be covered by the central management. Subsidiary costs, such as paid-time off, travel, gathering of evidence, shall also be borne by the central management, from the start of the procedure and payable in advance.”";
Amendment 235 #
Motion for a resolution
Annex I – paragraph 1 – point 6 a (new)
Annex I – paragraph 1 – point 6 a (new)
(6a) After article 11, the following Article is added: Article 11a "Within the meaning of paragraph 2, breaches include, but are not limited to: a) Not convening a constitutive meeting of the European works council established in application of the subsidiary requirements within 6 months after the subsidiary requirements have become applicable; b) the absence or the incomplete or late provision of information and/or consultation of the employees' representatives prior to a decision being taken or the public announcement of that decision; c) the withholding of important information or provision of false information rendering ineffective the exercise of the right to information and consultation."
Amendment 238 #
Motion for a resolution
Annex I – paragraph 1 – point 7 – paragraph 2 – introductory part
Annex I – paragraph 1 – point 7 – paragraph 2 – introductory part
Amendment 240 #
Motion for a resolution
Annex I – paragraph 1 – point 7 – paragraph 2 – point 1
Annex I – paragraph 1 – point 7 – paragraph 2 – point 1
1. Member States shall lay down rules on penaltiesanctions applicable to infringements of the information and consultation requirements, gender balance and guarantees and protections of employees' representatives under this Directive or under agreements concluded pursuant thereto. The penaltiesanctions shall be effective, proportionate and dissuasive.
Amendment 243 #
Motion for a resolution
Annex I – paragraph 1 – point 7 – paragraph 2 – point 2 – point a
Annex I – paragraph 1 – point 7 – paragraph 2 – point 2 – point a
(a) financial penaltiesanctions that are proportionate to the nature, gravity and duration of the undertaking’s infringement and which shall increase in amount according to the number of affected employees;
Amendment 248 #
Motion for a resolution
Annex I – paragraph 1 – point 7 – paragraph 2 – point 2 – point b
Annex I – paragraph 1 – point 7 – paragraph 2 – point 2 – point b
(b) orders excluding the undertaking from an entitlement to some or all public benefits, aids or subsidies, including EU funds managed by the relevant Member States, for a period of up to threfive years;
Amendment 251 #
Motion for a resolution
Annex I – paragraph 1 – point 7 – paragraph 2 – point 2 – point c
Annex I – paragraph 1 – point 7 – paragraph 2 – point 2 – point c
(c) orders excluding the undertaking from procurement within the meaning of Directive 2014/24/EU of the European Parliament and of the Council1a, for a period of up to threfive years.
Amendment 257 #
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 penaltiesanctions 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 business year, whichever is higher.
Amendment 263 #
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 penaltysanction of at least EUR 20 000 000 or 4 % of the undertaking’s total worldwide annual turnover in the preceding business year, whichever is higher.
Amendment 266 #
Motion for a resolution
Annex I – paragraph 1 – point 7 a (new)
Annex I – paragraph 1 – point 7 a (new)
(7a) the following Article is inserted: "Article 11a Access to justice Member States shall ensure that there are effective administrative or judicial mechanisms through which employees’ representatives who are members of a European Works Council or a Special Negotiation Body may lodge complaints against the central management. Member States shall ensure that Trade Unions with representation in the Community scale Undertaking or Community Scale Group of undertakings may engage either on behalf of or in support of the employee representatives within the European Works Councils and/or the Special negotiating bodies in any proceedings provided for with the objective of implementing this Directive." The administrative or judicial mechanisms shall meet the following requirements: a) determination of the competent court to instruct EWC related legal cases; b) recognise both the EWCs and the Special Negotiating Bodies as legal persons and secure their timely access to administrative and judicial mechanisms; c) Provide the possibility of suspending decisions of the central management by interim injunction as foreseen in Article 11.(2); d) Special Negotiating Body or European Works Council have the possibility to petition the competent administrative or judicial authority to rule in a timely manner that the central management must comply with the requirements stipulated in or pursuant to this Directive;"
Amendment 269 #
Motion for a resolution
Annex I – paragraph 1 – point 8
Annex I – paragraph 1 – point 8
Amendment 283 #
Motion for a resolution
Annex I – paragraph 1 – point 8 a (new)
Annex I – paragraph 1 – point 8 a (new)
(8a) Article 14 is replaced by the following: "1. Without prejudice to Article 13, the obligations arising from this Directive apply to all Community-scale undertakings or Community-scale groups of undertakings covered by this Directive. Member States shall ensure that appropriate administrative or judicial procedures are in place to verify that the obligations arising from this Directive are fully taken into account in accordance with paragraph 1 of this Article. 2. Upon the entry into force of this Directive, all EWC agreements, included those concluded pursuant to Article 13(1) of Directive 94/45/EC or Article 3(1) of Directive 97/74/EC, have to be adjusted upon request of the EWC in a maximum period of three years in order to comply with all the rights and obligations contained in this Directive. After this period, if no agreement has been reached, the subsidiary requirements shall apply."
Amendment 285 #
Motion for a resolution
Annex I – paragraph 1 – point 8 b (new)
Annex I – paragraph 1 – point 8 b (new)
(8b) the following Article is inserted: "Article 16a Monitoring committee 1. A Monitoring Committee shall be setup by the Commission. Its function shall be to facilitate the application of this Directive through regular consultation dealing in particular with practical problems arising from its implementation; 2. The Monitoring Committee shall be composed of representatives of the Member States, of Union-level social partners with an equal representation of trade union and employer organisations and of the Commission. The chair shall be a representative of the Commission, which shall also provide secretarial services. 3. The Monitoring Committee shall be convened by its chair either on his/her own initiative or at the request of one of its members."
Amendment 295 #
Motion for a resolution
Annex I – paragraph 1 – point 9 a (new)
Annex I – paragraph 1 – point 9 a (new)
(9a) In Annex I, point 3 is replaced by the following: "Where there are exceptional circumstances or intended decisions which may affect the employees’ interests and urgency does not allow for information and/or consultation to take place at the next scheduled European Works Council meeting, particularly in the event of relocations, transfer of productions, 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 timely 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. In addition to the select committee, the members of the European Works Council designated in the countries directly or potentially concerned by the exceptional circumstances shall have the right to participate in the extraordinary meetings."
Amendment 296 #
Motion for a resolution
Annex I – paragraph 1 – point 9 a (new)
Annex I – paragraph 1 – point 9 a (new)
(9a) In Annex I, point 5 is replaced by the following: "The European Works Council or the select committee may be assisted by experts of its choice in so far as this is necessary for it to carry out its tasks. Such experts shall include representatives of competent recognised Community-level trade union organisations. Such experts and such trade union representatives shall be present at meetings of the European Works Council and meetings with the central management in an advisory capacity".
Amendment 298 #
Motion for a resolution
Annex I – paragraph 1 – point 9 b (new)
Annex I – paragraph 1 – point 9 b (new)
(9b) in Annex I, point 6 is replaced by the following: "In compliance with these principles, the Member States may lay down budgetary rules regarding the operation of the European Works Council. They may in particular limit the funding to cover one expert in addition to the representative of a competent recognised Community-level trade union organisation."