28 Amendments of Rosa ESTARÀS FERRAGUT related to 2024/0006(COD)
Amendment 118 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2009/38/EC
Article 1 – paragraph 4 – subparagraph 2 – point b
Article 1 – paragraph 4 – subparagraph 2 – point b
(b) the measures considered by management of the Community-scale undertaking or Community-scale group of undertakings can reasonably be expected to affect workers in an undertaking or establishment in one Member State, and workers in an undertaking or establishment in another Member State can reasonably be expected to be directly affected by thsevere consequences of those measures.”;».
Amendment 118 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2009/38/EC
Article 1 – paragraph 4 – subparagraph 2 – point b
Article 1 – paragraph 4 – subparagraph 2 – point b
(b) the measures considered by management of the Community-scale undertaking or Community-scale group of undertakings can reasonably be expected to affect workers in an undertaking or establishment in one Member State, and workers in an undertaking or establishment in another Member State can reasonably be expected to be directly affected by thsevere consequences of those measures.”;».
Amendment 123 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2009/38/EC
Article 1 – paragraph 4 – subparagraph 2 – point b a (new)
Article 1 – paragraph 4 – subparagraph 2 – point b a (new)
(ba) consequences of a severe nature are in particular the prompt and consecutive termination or discontinuation of employment relationships as well as major changes of the working conditions or the work itself. In any case, the consequences must be directly linked to the measures in question;
Amendment 123 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2009/38/EC
Article 1 – paragraph 4 – subparagraph 2 – point b a (new)
Article 1 – paragraph 4 – subparagraph 2 – point b a (new)
(ba) consequences of a severe nature are in particular the prompt and consecutive termination or discontinuation of employment relationships as well as major changes of the working conditions or the work itself. In any case, the consequences must be directly linked to the measures in question;
Amendment 165 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b – indent 1
Article 1 – paragraph 1 – point 3 – point b – indent 1
Directive 2009/38/EC
Article 5 – paragraph 6 – subparagraph 1
Article 5 – paragraph 6 – subparagraph 1
“These expenses shall include reasonable costs of experts, including for legal assistance, insofar as necessary for that purpose, as well as reasonable costs of legal representation and participation in administrative or judicial proceedings. Expenses shall be notified to central management before they are incurred.”;
Amendment 165 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b – indent 1
Article 1 – paragraph 1 – point 3 – point b – indent 1
Directive 2009/38/EC
Article 5 – paragraph 6 – subparagraph 1
Article 5 – paragraph 6 – subparagraph 1
“These expenses shall include reasonable costs of experts, including for legal assistance, insofar as necessary for that purpose, as well as reasonable costs of legal representation and participation in administrative or judicial proceedings. Expenses shall be notified to central management before they are incurred.”;
Amendment 172 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b – indent 2
Article 1 – paragraph 1 – point 3 – point b – indent 2
Directive 2009/38/EC
Article 5 – paragraph 6 – subparagraph 2
Article 5 – paragraph 6 – subparagraph 2
Amendment 172 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b – indent 2
Article 1 – paragraph 1 – point 3 – point b – indent 2
Directive 2009/38/EC
Article 5 – paragraph 6 – subparagraph 2
Article 5 – paragraph 6 – subparagraph 2
Amendment 177 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a – indent 1
Article 1 – paragraph 1 – point 4 – point a – indent 1
Directive 2009/38/EC
Article 6 – paragraph 2 – point d
Article 6 – paragraph 2 – point d
(d) the format, venue, which shall be mainly in a virtual environment, using online meeting and voting tools, the language, which shall be the official language of the member state in which the company has its headquarter and the English language, and the frequency and duration of meetings of the European Works Council;”;
Amendment 177 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a – indent 1
Article 1 – paragraph 1 – point 4 – point a – indent 1
Directive 2009/38/EC
Article 6 – paragraph 2 – point d
Article 6 – paragraph 2 – point d
(d) the format, venue, which shall be mainly in a virtual environment, using online meeting and voting tools, the language, which shall be the official language of the member state in which the company has its headquarter and the English language, and the frequency and duration of meetings of the European Works Council;”;
Amendment 187 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a – indent 2
Article 1 – paragraph 1 – point 4 – point a – indent 2
Directive 2009/38/EC
Article 6 – paragraph 2 – point f – indent 1
Article 6 – paragraph 2 – point f – indent 1
– the possibljustified necessity of the use of an experts, including a legal experts, to assist the European Works Council in the discharge of its functions;
Amendment 187 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a – indent 2
Article 1 – paragraph 1 – point 4 – point a – indent 2
Directive 2009/38/EC
Article 6 – paragraph 2 – point f – indent 1
Article 6 – paragraph 2 – point f – indent 1
– the possibljustified necessity of the use of an experts, including a legal experts, to assist the European Works Council in the discharge of its functions;
Amendment 195 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a – indent 2
Article 1 – paragraph 1 – point 4 – point a – indent 2
Directive 2009/38/EC
Article 6 – paragraph 2 – point f - indent 2
Article 6 – paragraph 2 – point f - indent 2
– justified necessity of the use of legal representation and participation of the European Works Council, or of its members on its behalf, in administrative or judicial proceedings;
Amendment 195 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a – indent 2
Article 1 – paragraph 1 – point 4 – point a – indent 2
Directive 2009/38/EC
Article 6 – paragraph 2 – point f - indent 2
Article 6 – paragraph 2 – point f - indent 2
– justified necessity of the use of legal representation and participation of the European Works Council, or of its members on its behalf, in administrative or judicial proceedings;
Amendment 199 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a – indent 2
Article 1 – paragraph 1 – point 4 – point a – indent 2
Directive 2009/38/EC
Article 6 – paragraph 2 – point f - indent 3
Article 6 – paragraph 2 – point f - indent 3
– the provision of relevant and necessary training to the members of the European Works Council, without prejudice to the minimum requirement in Article 10(4).4, first subparagraph;”;
Amendment 199 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a – indent 2
Article 1 – paragraph 1 – point 4 – point a – indent 2
Directive 2009/38/EC
Article 6 – paragraph 2 – point f - indent 3
Article 6 – paragraph 2 – point f - indent 3
– the provision of relevant and necessary training to the members of the European Works Council, without prejudice to the minimum requirement in Article 10(4).4, first subparagraph;”;
Amendment 234 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2009/38/EC
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. For the event of administrative or criminal prosecution of members of the European Works Council for the disclosure of confidential information, the Member States shall ensure that members of the European Works Council are obliged to contribute to cooperation and clarification
Amendment 234 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2009/38/EC
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. For the event of administrative or criminal prosecution of members of the European Works Council for the disclosure of confidential information, the Member States shall ensure that members of the European Works Council are obliged to contribute to cooperation and clarification
Amendment 253 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2009/38/EC
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Consultation shall take place at such time, in such fashion and with such content as it enables employees’ representatives to express an opinion prior to the adopimplementation of the decisionmeasures and based on the information provided in accordance with paragraph 2, without prejudice to the responsibilities of the management, and within a reasonable time taking into account the urgency of the matter. The employees’ representatives shall be entitled to a reasoned written response from the central management or any more appropriate level of management prior to the adoption of the decision on the measures in question, provided the employee representatives expressed their opinion within a reasonable time in accordance with the first sentence.
Amendment 253 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2009/38/EC
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Consultation shall take place at such time, in such fashion and with such content as it enables employees’ representatives to express an opinion prior to the adopimplementation of the decisionmeasures and based on the information provided in accordance with paragraph 2, without prejudice to the responsibilities of the management, and within a reasonable time taking into account the urgency of the matter. The employees’ representatives shall be entitled to a reasoned written response from the central management or any more appropriate level of management prior to the adoption of the decision on the measures in question, provided the employee representatives expressed their opinion within a reasonable time in accordance with the first sentence.
Amendment 260 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2009/38/EC
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. To that end, the undertaking or controlling undertaking must be required to communicate to the employees ‘appointed representatives general information concerning the interests of employees and information relating more specifically to those aspects of the activities of the undertaking or group of undertakings which affect employees ‘interests. The European Work Council must be able to deliver an opinion at the end of the meeting. Certain decisions having a significant effect on the interests of employees must be the subject of information and consultation of the employees´ appointed representatives as soon as possible.
Amendment 260 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2009/38/EC
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. To that end, the undertaking or controlling undertaking must be required to communicate to the employees ‘appointed representatives general information concerning the interests of employees and information relating more specifically to those aspects of the activities of the undertaking or group of undertakings which affect employees ‘interests. The European Work Council must be able to deliver an opinion at the end of the meeting. Certain decisions having a significant effect on the interests of employees must be the subject of information and consultation of the employees´ appointed representatives as soon as possible.
Amendment 264 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2009/38/EC
Article 9 – paragraph 3 b (new)
Article 9 – paragraph 3 b (new)
3b. Under no circumstances may a timely information and consultation procedure or a legal dispute about it lead to a detrimental delay in the adoption of a measure.
Amendment 264 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2009/38/EC
Article 9 – paragraph 3 b (new)
Article 9 – paragraph 3 b (new)
3b. Under no circumstances may a timely information and consultation procedure or a legal dispute about it lead to a detrimental delay in the adoption of a measure.
Amendment 266 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2009/38/EC
Article 9 – paragraph 3 c (new)
Article 9 – paragraph 3 c (new)
3a. Consultation shall be conducted in full respect of the autonomy of information and consultation procedures as provided for in national law and practice.
Amendment 266 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2009/38/EC
Article 9 – paragraph 3 c (new)
Article 9 – paragraph 3 c (new)
3a. Consultation shall be conducted in full respect of the autonomy of information and consultation procedures as provided for in national law and practice.
Amendment 271 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2009/38/EC
Article 10 – paragraph 4 – subparagraph 2
Article 10 – paragraph 4 – subparagraph 2
Amendment 271 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2009/38/EC
Article 10 – paragraph 4 – subparagraph 2
Article 10 – paragraph 4 – subparagraph 2