17 Amendments of Olle LUDVIGSSON related to 2012/0150(COD)
Amendment 186 #
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21a) Recovery and resolution plans should include procedures for informing and consulting with employees and their representatives throughout the recovery and resolution processes. Where applicable, collective agreements, or other arrangements provided for by social partners, should be respected in this regard.
Amendment 201 #
Proposal for a directive
Recital 29
Recital 29
(29) When applying resolutions tools and exercising resolution powers, resolution authorities should make sure that shareholders and creditors bear an appropriate share of the losses, that the managers are replaced, that the costs of the resolution of the institution are minimised, and that all creditors of an insolvent institution that are of the same class are treated in a similar manner. Resolution authorities should consistently take the employee perspective into account and should ensure that no resolution action has an unnecessarily negative impact on employees. When the use of the resolution tools involves the granting of State aid, interventions should have to be assessed in accordance with the relevant State aid provisions. State aid may be involved, inter alia, where resolution funds or deposit guarantee funds intervene to assist in the resolution of failing institutions.
Amendment 205 #
Proposal for a directive
Recital 29 a (new)
Recital 29 a (new)
(29a) When applying resolution tools and exercising resolution powers, resolution authorities should inform and consult with the employees and their representatives. Where applicable, collective agreements, or other arrangements provided for by social partners, should be respected in this regard.
Amendment 206 #
Proposal for a directive
Recital 29 b (new)
Recital 29 b (new)
(29b) Where practised, employee representation in the management body should, by adding a key perspective and genuine knowledge of internal structures, be seen as a positive factor in processes aimed at putting unsound or failing institutions back on a sustainable path. Therefore, the use of early intervention measures, as well as the application of resolution tools and the exercise of resolution powers, should be without prejudice to provisions on the representation of employees in company boards as provided for by national legislation or practice.
Amendment 547 #
Proposal for a directive
Article 9 – paragraph 4 – point m a (new)
Article 9 – paragraph 4 – point m a (new)
(ma) a description of the procedures to be used for informing and consulting with employees and their representatives in the process of carrying out the plan;
Amendment 844 #
Proposal for a directive
Article 23 – paragraph 2 – subparagraph 3 a (new)
Article 23 – paragraph 2 – subparagraph 3 a (new)
The application of measure (d) in paragraph 1 of this Article shall be without prejudice to provisions on the representation of employees in company boards as provided for by national legislation or practice.
Amendment 857 #
Proposal for a directive
Article 24 – paragraph 5 a (new)
Article 24 – paragraph 5 a (new)
5a. The special manager shall inform and consult with employees and their representatives. Where applicable, collective agreements, or other arrangements provided for by social partners, shall be respected in this regard.
Amendment 970 #
Proposal for a directive
Article 29 – paragraph 3 a (new)
Article 29 – paragraph 3 a (new)
3a. When applying the resolution tools and exercising the resolution powers, resolution authorities shall inform and consult with the employees and their representatives. Where applicable, collective agreements, or other arrangements provided for by social partners, shall be respected in this regard.
Amendment 972 #
Proposal for a directive
Article 29 – paragraph 3 b (new)
Article 29 – paragraph 3 b (new)
3b. When resolution authorities apply resolution tools and exercise resolution powers, this shall be done without prejudice to provisions on the representation of employees in company boards as provided for by national legislation or practice.
Amendment 1037 #
Proposal for a directive
Article 35 – paragraph 1 – point b
Article 35 – paragraph 1 – point b
(b) the resolution authority appoints the bridge institution's board of directors, approves the relevant salariesalaries of those directors and determines the appropriate responsibilities;
Amendment 1115 #
Proposal for a directive
Article 38 – paragraph 2 – subparagraph 1 – point e – point i
Article 38 – paragraph 2 – subparagraph 1 – point e – point i
(i) an employee, in relation to accrued salary, pension benefits or other fixed remuneration, except forand, regarding non- executive staff only, in relation to variable remuneration of any form;
Amendment 1336 #
Proposal for a directive
Article 74 – paragraph 5 – subparagraph 3
Article 74 – paragraph 5 – subparagraph 3
The authority or authorities responsible for that decision shall notify the institution in question. A notification pursuant to this paragraph may take the form of the public notification referred to in paragraph 6. If the notification is not made public in accordance with paragraph 6, the management body shall without any delay inform the employees and their representatives about it.
Amendment 1337 #
Proposal for a directive
Article 74 – paragraph 6
Article 74 – paragraph 6
6. Where the resolution authority takes a resolution action, it shall make that action public and shall take reasonable steps to notify all known shareholders and creditors, in particular employees and retail investors, affected by the exercise of the resolution power. The measures specified in Article 75(4) shall be deemed reasonable steps for the purposes of this paragraph.
Amendment 1669 #
Proposal for a directive
Annex 1 – section 1 – paragraph 1 – point 9 a (new)
Annex 1 – section 1 – paragraph 1 – point 9 a (new)
(9 a) a general assessment of the effects that the implementation of the plan would have on the employees of the institution;
Amendment 1671 #
Proposal for a directive
Annex 1 – section 1 – paragraph 1 – point 9 b (new)
Annex 1 – section 1 – paragraph 1 – point 9 b (new)
(9 b) a description of the procedures to be used for informing and consulting with employees and their representatives throughout the recovery phase;
Amendment 1676 #
Proposal for a directive
Annex 1 – section 2 – paragraph 1 – point 17 a (new)
Annex 1 – section 2 – paragraph 1 – point 17 a (new)
(17 a) a description of the arrangements that the institution has in place for informing and consulting with employees and their representatives, including, where applicable, collective agreements in force;
Amendment 1679 #
Proposal for a directive
Annex 1 – section 3 – paragraph 1 – point 3 a (new)
Annex 1 – section 3 – paragraph 1 – point 3 a (new)
(3 a) The extent to which there are adequate arrangements in place for informing and consulting with employees and their representatives throughout a resolution process;