47 Amendments of Frédéric DAERDEN related to 2012/2061(INI)
Amendment 5 #
Motion for a resolution
Citation 20 a (new)
Citation 20 a (new)
Amendment 21 #
Motion for a resolution
Recital C
Recital C
C. whereas, as consistently highlighted in recent policy papers from the Commission, especially the Europe 2020 Strategy and the Industrial Policy Communication of 278 October 2010, "Better anticipating and managing restructuring would help employees and companies to adapt to transitions imposed by excess capacities and by modernisation and structural adjustment". (…) "Management and employees’ representatives are the key players to agree on restructuring strategies at company level. (...) Management and workers’ representatives are the key players to agree on restructuring strategies at the company level. Policy interventions should accompany such restructuring to avoid social hardship and promote new skills and jobs, thus avoidminimising mass redundancies and the decline of entire regions or the relocation of entire industries, by facilitating economic conversion and professional transition.";
Amendment 42 #
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas, as outlined in the own- initiative opinion of the European Economic and Social Committee on ‘Cooperatives and restructuring’, cooperatives manage restructuring in a socially responsible manner and their ‘specific cooperative governance model, based on joint ownership, democratic participation and members’ control, as well as the ability of cooperatives to rely on their own financial resources and support networks, explain why cooperatives are more flexible and innovative in managing restructuring over time, as well as in creating new business’;
Amendment 48 #
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas this resolution is without prejudice to the obligations under national law concerning employment protection and the termination of employment contracts;
Amendment 58 #
Motion for a resolution
Recital M a (new)
Recital M a (new)
Ma. whereas the Commission1, with a view to helping workers and undertakings prepare for change more effectively, has conducted detailed research and studies into the phenomenon of restructuring itself and the supervision of sectors of the economy, including a series of studies of the way employment will change between now and 2020; whereas this prospective analysis has been carried out in conjunction with independent researchers, the social partners and the other European institutions, such as the European Parliament, and Union agencies and bodies, such as the European Monitoring Centre for Change (EMCC)2 of the European Foundation for the Improvement of Living and Working Conditions (Eurofound) and the European Centre for the Development of Professional Training (Cedefop); __________________ 1 SEC(2008) 2154 COMMISSION STAFF WORKING PAPER, Restructuring and employment the contribution of the European Union. 2 In 2001 one of the proposals of the Gyllenhammar Expert Group was implemented. This involved the establishment of a European Monitoring Centre on Change (EMCC) within EUROFOUND, the European Foundation for the Improvement of Living and Working Conditions in Dublin. The EMCC manages in particular the European Restructuring Monitor (ERM), which collects information on restructuring operations on a certain scale.
Amendment 107 #
Proposal for a recommendation
Recommendation 1, Recital 8
Recommendation 1, Recital 8
(8) The active involvement of stakeholders and public authorities at the relevant level in the preparation and management of restructuring operations contributes greatly to limiting their negative impact.
Amendment 117 #
Proposal for a recommendation
Recommendation 1, Recital 10
Recommendation 1, Recital 10
(10) Such an Union framework should apply to major companies and groups of companies, those which employ on the territory of the Union at least 500 workers, and to restructuring operations of a certain dimension, covering at least 100 workers in a single company or 500 employees in a company and its dependent companies or one or more Member States othe greatest possible number of European employees, and should therefore haver a period of three monthsbroad scope.
Amendment 134 #
Proposal for a recommendation
Recommendation 3, paragraph 1, point a
Recommendation 3, paragraph 1, point a
(a) "companies" means companies and groups of companies having a works council as defined by national law or employing at least 500 employees in the Union, as well as any company part of the group referred to above;
Amendment 146 #
Proposal for a recommendation
Recommendation 3, paragraph 1, point e
Recommendation 3, paragraph 1, point e
(e) "employees" mean thes employees of the companies covered by the Directive, irrespective of n contracts of indefinite duration as defined in Regulation (EC) 1927/2006, as well as employees on fixed-term contracts, employees on contracts withe type of employmemporary work agencies and self-employed workers whose economic activity is dependent contract that of the company in question;
Amendment 153 #
Proposal for a recommendation
Recommendation 3, paragraph 1, point g a (new)
Recommendation 3, paragraph 1, point g a (new)
(ga) "employability" means the employee's ability, in the light of his or her skills, experience and training, to obtain work or change jobs.
Amendment 162 #
Proposal for a recommendation
Recommendation 4, paragraph 1
Recommendation 4, paragraph 1
1. Any restructuring operation shall be integrated intoCompanies shall develop a long-term strategy that aims to ensure and strengthening the long- term sustainability and competitiveness of the company and into which any restructuring operation must be integrated..
Amendment 171 #
Proposal for a recommendation
Recommendation 4, paragraph 2
Recommendation 4, paragraph 2
2. Long-term strategic planning shall include human resources, employment and skills objectives that focus on developing, on a permanent basis, the skills and competences of the workforce in order to increase the competitiveness of the company and its capacity of adaptation, as well as to increase the employability of employees and to managfacilitate their internal and external mobility.
Amendment 176 #
Proposal for a recommendation
Recommendation 4, paragraph 3
Recommendation 4, paragraph 3
3. To that end, companies shall recognise the right of every employee to benefit from appropriate training leading to a diploma or certificate of competence.. Employees shall recognise that education and lifelong learning are necessary to enhance their employability and shall accept relevant training offers. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 178 #
Proposal for a recommendation
Recommendation 4, paragraph 3 a (new)
Recommendation 4, paragraph 3 a (new)
Amendment 179 #
Proposal for a recommendation
Recommendation 4, paragraph 3 b (new)
Recommendation 4, paragraph 3 b (new)
3b. The training courses on offer must represent a genuine long-term investment, whatever the age of the worker. They must cover in particular the needs of advanced industrial sectors, new information and communication technology, the transition to a green economy, and health care, and more widely the sectors that will be most effective in achieving the objectives of the EU 2020 strategy. The selection and targeting of the training courses offered to employees shall take place after consultation with the sector’s social partners at all levels where a debate on economic changes is under way.
Amendment 199 #
Proposal for a recommendation
Recommendation 5, paragraph 2, point b, subpoint 1a (new)
Recommendation 5, paragraph 2, point b, subpoint 1a (new)
- identifying and anticipating needs for skills and qualifications;
Amendment 200 #
Proposal for a recommendation
Recommendation 5, paragraph 2, point b, subpoint 2
Recommendation 5, paragraph 2, point b, subpoint 2
Amendment 202 #
Proposal for a recommendation
Recommendation 5, paragraph 2, point b, subpoint 2 a (new)
Recommendation 5, paragraph 2, point b, subpoint 2 a (new)
- training plans;
Amendment 203 #
Proposal for a recommendation
Recommendation 5, paragraph 2, point b, subpoint 3
Recommendation 5, paragraph 2, point b, subpoint 3
Amendment 211 #
Proposal for a recommendation
Recommendation 5, paragraph 3
Recommendation 5, paragraph 3
3. Every employee shall be offered a given number of hours of training per year to be determined by law or collective agreement. Any refusal with a view to faccept that offer by employees shall only be permitted on justified groundilitating coherent and attractive employment transitions for employees.
Amendment 241 #
Proposal for a recommendation
Recommendation 6, paragraph 2
Recommendation 6, paragraph 2
2. This preparation shall be carried out as early as possible and shall start as soon as the need to restructure is contemplated, in accordance with methods and procedures negotiated at sectoral, regional or company level, as appropriate. Except in the exceptional circumstances referred to in paragraph 1 above, it shall be carried out within a timeframe that allows for the adoption of measures making it possible to avoid or to mitigate to the minimum its economic, social and local impact. Anticipation of possible restructuring must be integrated into the way the company works, through the provision of continuous information on the economic situation not just of the company but also of the sector.
Amendment 245 #
Proposal for a recommendation
Recommendation 6, paragraph 2 a (new)
Recommendation 6, paragraph 2 a (new)
2a. It is crucial that there should be transparency and timely information for employees concerning a company’s situation so that they can be involved in restructuring and in the processes of anticipating change. Employees must be involved in discussions at an early stage so that they can take part in the processes of company restructuring, or of planning the possible buy-out of the company in the event of closure.
Amendment 268 #
Proposal for a recommendation
Recommendation 7, paragraph 3 a (new)
Recommendation 7, paragraph 3 a (new)
3a. The Member States shall adopt rules granting workers’ representatives: (a) a right to be alerted, so that they can request explanations from the employer when they are notified of events likely to have a serious impact on the economic situation of the company. The request for explanations shall be included automatically on the agenda of the next Works Council meeting. If the employer does not reply to the request, or confirms that the situation is indeed serious, workers' representatives shall draw up a report on this basis which shall be sent to the employer and to the national auditing authorities. (b) a right to an expert opinion, so that they can call on an expert, at the employer's expense, on the occasion of any major project concerning the company's strategy and economic situation. Where there is disagreement on the need for an expert, the matter shall be decided by the national labour courts as soon as possible. The expert may in particular be an accountant when it is a matter of examining the company’s annual accounts, of restructuring operations or of the exercise of the right to be alerted. In such cases the expert shall have the right of access to the same company documents as the national auditing authorities.
Amendment 274 #
Proposal for a recommendation
Recommendation 7, paragraph 4 a (new)
Recommendation 7, paragraph 4 a (new)
4a. All measures seeking to involve employees (e.g. share ownership in the company) contribute to the successful development of the company. Employee shareholding significantly enhances the company’s performance. At times of crisis in the company, it fosters among employees a sense of responsibility for and concern with the development and long-term prospects of their company. This sense of responsibility and increased concern has major implications for employees’ involvement in the company and their empowerment, and thus helps boost the competitiveness of the company.
Amendment 286 #
Proposal for a recommendation
Recommendation 8, paragraph 2, point d
Recommendation 8, paragraph 2, point d
Amendment 288 #
Proposal for a recommendation
Recommendation 8, paragraph 2, point f
Recommendation 8, paragraph 2, point f
(f) in-sourcing of external activities and compensatory measures for dependent companies that are affected;
Amendment 289 #
Proposal for a recommendation
Recommendation 8, paragraph 2, point h
Recommendation 8, paragraph 2, point h
(h) natural departures, in particular via retirement or, as a last resort, early retirement.
Amendment 298 #
Proposal for a recommendation
Recommendation 8, paragraph 3
Recommendation 8, paragraph 3
3. When redundancies cannot be avoided or as part of the package to be implemented in the context of alternative options, companies shall make available to the employees concerned measures that aim to enhance their employability and help them to re-enter the labour market as quickly as possible, without prejudice to obligations under national law concerning employment protection and the termination of employment contracts, particularly by granting workers formerly dismissed rights of re-employment if the economic climate improves and the company wishes to start recruiting again.
Amendment 301 #
Proposal for a recommendation
Recommendation 8, paragraph 3 a (new)
Recommendation 8, paragraph 3 a (new)
3a. In the event of immediate dismissal, the company shall take the necessary measures to ensure that the dismissed worker, and his or her colleagues, receive psycho-social assistance,
Amendment 311 #
Proposal for a recommendation
Recommendation 10, paragraph 1
Recommendation 10, paragraph 1
1. When a restructuring operation has major local effects, companies shall seek to develop complementarities and synergies between their preparatory action and the actions of the all the other actors, with a view to maximising the re-employment opportunities of employees at risk of being or to be made redundant, in order to encouraging economic and social re- conversion and to developing new economic activities generating jobs, particularly by concluding agreements between companies in the same sector or geographical area permitting priority to be given in recruitment to employees dismissed by one of them in the course of a restructuring operation.
Amendment 317 #
Proposal for a recommendation
Recommendation 10, paragraph 2 a (new)
Recommendation 10, paragraph 2 a (new)
2a. Where the closure of a company is inevitable and in so far as its economic activity may become viable again, it is essential to consider all kinds of business transfer, including business transfers to employees in the form of a cooperative. It is necessary to save viable economic activities from closure and to make them more sustainable. Successful, sustainable business transfers save local jobs and skills, and maintain local prosperity, particularly throughout the upstream and downstream production chain and in local businesses whose jobs are also at risk when the company has to close.
Amendment 318 #
Proposal for a recommendation
Recommendation 10, paragraph 2 b (new)
Recommendation 10, paragraph 2 b (new)
2b. The Member States shall provide for an automatic mechanism for detecting restructuring operations that meet the conditions for granting financial support from the European Globalisation Adjustment Fund and shall submit to the Commission an application for each operation detected.
Amendment 329 #
Proposal for a recommendation
Recommendation 11, paragraph 1, point c a (new)
Recommendation 11, paragraph 1, point c a (new)
(ca) supporting business transfers, including transfers to employees in the form of cooperatives, or measures aiding employees to set up new companies, including in the form of cooperatives or other forms of employee business ownership in the event of closure where economic activity may still be viable.
Amendment 344 #
b) promote territorial employment pacts aimed at favouring employment creation and adaptation, taking account of the local tissue of micro-, small and medium-sized undertakings;
Amendment 356 #
Proposal for a recommendation
Recommendation 11, paragraph 3, point e a (new)
Recommendation 11, paragraph 3, point e a (new)
e a) encourage possibilities for technological innovations, particularly in connection with reducing carbon emissions.
Amendment 359 #
Proposal for a recommendation
Recommendation 12, paragraph 1
Recommendation 12, paragraph 1
1. Without prejudice to the obligations of companies resulting from national laws or practices, public authorities shall co- finance employability measures that favour employees of companies undergoing restructuring, insofar as this type of support is necessary or appropriate for allowing them to quickly re-enter the labour market, including support for business transfers to employees in the form of cooperatives where this is viable, and for the creation of new companies, including in the form of cooperatives or other forms of employee business ownership.
Amendment 362 #
Proposal for a recommendation
Recommendation 12, paragraph 1a (new)
Recommendation 12, paragraph 1a (new)
1a. Without prejudice to Union law, the public authorities may implement priority support schemes for the employees of companies which: a) draw up a long-term strategic plan of employment and skills needs and multiannual plans of employment and skills development, as referred to in Recommendation 4(2) of the Directive, either on their own initiative or by means of an agreement with the employees’ representatives; b) commit themselves to the agreements referred to in Recommendation 9 of the Directive; c) include dependent companies and their employees in the measures taken in accordance with Recommendations 4 to 9 of the Directive.
Amendment 374 #
Proposal for a recommendation
Recommendation 14, paragraph 1
Recommendation 14, paragraph 1
1. Companies shall monitor, on a permanent basis, in co-operation with external bodies and authorities, the psycho- social health of employees affected by restructuring processes, both redundant employees and those staying in the company, paying particular attention to gender.
Amendment 382 #
Proposal for a recommendation
Recommendation 14, paragraph 2 a (new)
Recommendation 14, paragraph 2 a (new)
2a. The competent public authorities shall ensure that the reports on the number and type of employees made redundant, which are required in accordance with the Collective Dismissals Directive, are collected and compiled at national level.
Amendment 384 #
Proposal for a recommendation
Recommendation 15, paragraph 1
Recommendation 15, paragraph 1
Amendment 387 #
Proposal for a recommendation
Recommendation 15, paragraph 2
Recommendation 15, paragraph 2
Amendment 390 #
Proposal for a recommendation
Recommendation 15, conclusion part
Recommendation 15, conclusion part
Amendment 392 #
Proposal for a recommendation
Recommendation 15a, paragraph 1 a (new)
Recommendation 15a, paragraph 1 a (new)
1a. This Directive is without prejudice to the Member States’ right to apply or introduce legislative, regulatory or administrative provisions which are more favourable to workers or to promote or permit collective agreements concluded between the social partners which are more favourable to workers.
Amendment 393 #
Proposal for a recommendation
Recommendation 15a, paragraph 1 b (new)
Recommendation 15a, paragraph 1 b (new)
1b. The implementation of this Directive shall under no circumstances constitute sufficient grounds for justifying a reduction in the general level of protection of workers in the fields covered by this Directive.
Amendment 397 #
Proposal for a recommendation
Recommendation 16, paragraph 1
Recommendation 16, paragraph 1
1. Member States shall provide for appropriate measures in the event of failure to comply with the Directive; in particular, they shall ensure that procedures are available for adequate administrative or judicial procedures are availableenalties to enable the obligations deriving from the Directive to be enforced, particularly in order to ensure that companies contribute to the social and environmental cost of the restructuring operation.
Amendment 402 #
Proposal for a recommendation
Recommendation 16, paragraph 2
Recommendation 16, paragraph 2
2. Member States shall provide that companies that do not comply with the provisions resulting from the Directive shall not benefit from any funding in provenance of European Union budget in the five-year period following a judicial decision recognising the breach, or that have distributed their profits to shareholders rather than reinvesting them in the company during the five years prior to the restructuring operation, or have manifestly implemented a strategy of destroying the physical and human capital of the company so as to prevent its being taken over by a competitor, shall not benefit from any funding in provenance of European Union budget in the five-year period following a judicial decision recognising the breach, and shall reimburse any funding they have received during the financial years during which the breaches were recognised, particularly in order to ensure that the company contributes to the social and environmental cost of the restructuring operation.
Amendment 413 #
Proposal for a recommendation
Recommendation 16, paragraph 3
Recommendation 16, paragraph 3
3. Member States shall exclude from the benefit of public aids from the national budgets during the same period the companies referred to in paragraph 2, and shall reimburse those which were received during the financial years in which the breaches were recognised.