2012/2061(INI) | [ParlTrack]

Motion for a resolution
Heading 1

with recommendations to the Commission on ~~Information and consultation of workers, anticipation and managem~~a Code of Practice on the Information of workers in the event of restructuring,

Amendment 10 #

Motion for a resolution
Recital A

A. whereas restructuring is not a new phenomenon ~~but one which in recent years has taken on new forms, becoming~~and happens more pfre~~valent with a broader geographical and sectorial coverage in Europe~~quently due to economic challenges;

Amendment 11 #

Motion for a resolution
Recital B

B. whereas the crisis which began in 2008 has s~~erved to s~~peeded up the rate of change sharply~~; w~~, thereas it has added to the structural pressures to adapt to change resulting from globalisation's more immediate constraints which subject undertakings, workers, territories and governments to critical tensby increasing to an alarming extent the pressure on workers, territories and all levels of government for structural adjustment to changes resulting from developments connected with globalisations;

Amendment 12 #

Jelko KACIN, Nadja HIRSCH, Marian HARKIN, Verónica LOPE FONTAGNÉ

Motion for a resolution
Recital B

B. whereas the ~~crisis which began in 2008~~global economic crisis which was triggered in 2008 and has been significantly worsened by financial speculation in the financial sector has served to speed up the rate of change sharply; whereas it has added to the structural pressures to adapt to change resulting from globalisation's more immediate constraints which subject undertakings, workers, territories and governments to critical tensions;

Amendment 13 #

Motion for a resolution
Recital B

B. whereas the crisis which began in 2008 has served to speed up the rate of change sharply; whereas ithat crisis has added to the structural pressures to adapt to change resulting from globalisation's more immediate constraints which ~~subject undertakings, workers, territories and governments to critical tension~~require companies and their employees to make such changes as are necessary to safeguard competitiveness and protect jobs;

Amendment 14 #

Motion for a resolution
Recital B

B. whereas the crisis which began in 2008 has served to speed up the rate of change sharply; whereas it has added to the structural pressures to adapt to change resulting from the need to transform unsustainable parts of the economy and globalisation's more immediate constraints which subject undertakings, workers, territories and governments to critical tensions;

Amendment 15 #

Motion for a resolution
Recital B a (new)

Ba. whereas as a result of radical changes in economic strategies the last 30 years have seen a massive shift in wealth from the real to the financial economy; whereas the resulting shrinkage in the role of the State has led to chronic underfunding, indebtedness, pressure on the public authorities to privatise and cuts in jobs and services at all levels; whereas restructuring in the private sector is often used as a pretext for redundancies in an effort to boost share prices; and whereas the situation of those who create all the goods and provide all the services, but bear the full brunt of the economic crisis, needs to be improved;

Amendment 16 #

Motion for a resolution
Recital B a (new)

B a. whereas restructuring becomes an issue for stakeholders only at a late stage, most often when redundancies are being considered;

Amendment 17 #

Motion for a resolution
Recital B b (new)

Bb. whereas, when restructuring, it is the immediate and easily perceptible impact on employment that attracts most attention, while the adverse effect on working conditions and worker's health is not properly recognised and tackled;

Amendment 18 #

Motion for a resolution
Recital B c (new)

Bc. whereas the multiple and diverse stakeholders involved in restructuring are isolated and rarely cooperate long-term;

Amendment 19 #

Jelko KACIN, Marian HARKIN

Motion for a resolution
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 27 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. Policy interventions should accompany such restructuring to avoid social hardship and promote new skills and jobs, thus avoiding mass redundancies and the decline of entire regions or the relocation of entire industries, by facilitating economic conversion and professional transition";deleted

Amendment 2 #

Motion for a resolution
Heading 1

with recommendations to the Commission on a Code of Practice on the Information and consultation of workers~~, anticipation and managem~~ in the event of restructuring,

Amendment 20 #

Motion for a resolution
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. Policy interventions should accompany such restructuring to avoid social hardship and promote new skills and jobs, thus ~~avoid~~minimising mass redundancies and the decline of entire regions or the relocation of entire industries, by facilitating economic conversion and professional transition.‘;

Amendment 21 #

Motion for a resolution
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 ~~avoid~~minimising mass redundancies and the decline of entire regions or the relocation of entire industries, by facilitating economic conversion and professional transition.";

Amendment 22 #

Motion for a resolution
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. Policy interventions should accompany such restructuring to avoid social hardship and promote new skills and jobs, thus ~~avoid~~minimising mass redundancies and the decline of entire regions or the relocation of entire industries, by facilitating economic conversion and professional transition.‘";

Amendment 23 #

Motion for a resolution
Recital C a (new)

Ca. whereas the crisis has led to a new Union economic governance, via the annual growth survey and semester, which itself may lead to restructuring and thus requires the involvement of social partners;

Amendment 24 #

Motion for a resolution
Recital C a (new)

Ca. whereas there is a need to prepare workers in a timely manner for a shift towards a resource efficient, climate- friendly economy which has a huge employment potential, but will give rise to the restructuring of unsustainable sectors and companies;

Amendment 25 #

Motion for a resolution
Recital D

D. whereas the number of jobs losses were almost double the number of jobs created in the third quarter 2011, this trend is likely to increase in view of the announcement of major restructurings in strategic fields;deleted

Amendment 26 #

Motion for a resolution
Recital D a (new)

da. whereas, as regards sectoral trends, Eurofound has confirmed that in 2011 the contraction of employment was mostly concentrated in the construction and manufacturing sectors, where more than 6.4 million jobs were lost between 2008 and 2011;

Amendment 27 #

Motion for a resolution
Recital D a (new)

Da. whereas all the Member States in which relatively few workers have been made redundant since the start of the crisis have very well developed industrial relations systems under which workers and their representatives have relatively many rights in the areas of consultation, information and codetermination, arrangements which have led to joint agreements being concluded at works level on the basis of laws and collective agreements;

Amendment 28 #

Motion for a resolution
Recital E

E. whereas, as stated in the Annual Growth Survey: advancing the Union’s comprehensive response to the crisis, "the positive export performance of some Member States shows that success in global markets relies on wider factors such as sector specialisation, innovation, and skills levels that enhance real competitiveness"; whereas against the specific background of the crisis undertakings in some Member States have made every effort to retain their well- trained and highly experienced workers;

Amendment 29 #

Motion for a resolution
Recital E a (new)

Ea. whereas EU undertakings cannot hope to be successful on world markets simply by undercutting their competitors’ prices, but instead only by developing good products, processes and services, which in turn makes a good education system, good training and further training for workers, good working conditions and welfare systems and sufficient investment in research and development essential;

Amendment 3 #

Motion for a resolution
Citation 2 a (new)

- having regard to the Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation1, _____________ 1 OJ L 303, 2.12.2000, p. 16.

Amendment 30 #

Motion for a resolution
Recital E a (new)

Ea. whereas restructuring in unsustainable sectors is necessary to attain the Europe 2020 Strategy goal of a smart, sustainable and inclusive economy and can help economic recovery if the transition is well planned, making sure employees in unsustainable sectors are provided with security, protection and training to make the transition to green jobs;

Amendment 31 #

Motion for a resolution
Recital E b (new)

Eb. whereas the fact that during the crisis successful industrial undertakings in the EU which do well on export markets have tried to retain their well-trained and highly experienced workers shows that the Commission’s flexicurity approach, based on short-term employment contracts, has failed and does not meet the requirements of firms which are competitive on world markets; whereas precisely the same can be said of the measures in the 'employment package', which is based on reduced protection against dismissal and the downgrading of other rights for employees with open-ended contracts, even though successful firms take a long- term approach, want to keep their workers and are suffering from a skills shortage in certain areas;

Amendment 32 #

Motion for a resolution
Recital E c (new)

Ec. whereas there is a danger that the good practices identified in the wake of the crisis, in particular by the ILO, will be largely disregarded and not used to address future crises; whereas, therefore, the EU institutions should investigate and document the practices in question, so that they can also be used when restructuring is carried out; whereas in some Member States redundancies have not been used as a means of addressing the crisis and time not taken up by work has been set aside for further training;

Amendment 33 #

Jutta STEINRUCK, Evelyn REGNER

Motion for a resolution
Recital F a (new)

F a. whereas, in cases of restructuring where redundancies are unavoidable, younger and older workers are more often targeted for redundancy than other age groups, even when this constitutes age discrimination under the relevant Union legislation;

Amendment 34 #

Motion for a resolution
Recital G

G. whereas, as stated in the ~~Single Market Act, ‘~~Commission communication on "Towards a Single Market Act, "the sense of disillusionment felt by some towards the internal market may also be the result of the perception that successive liberalisations have been carried out at the expense of the social rights acquired by various economic operators."; "The Lisbon Treaty, and the affirmation of the concept of a ’'highly competitive social market economy‘' as one of its key objectives, require "the Union" to adopt a more all-embracing view of the single market ~~(...)~~. Economic freedoms and freedoms of collective action must be reconciled. New life must be breathed into the social dialogue, making it more likely to lead to legislation 'by and for' the social partners, as explicitly provided for by the Lisbon Treaty."; "Beyond purely reactive approaches to the economic and financial crisis, pre-emptive strategies have allowed businesses and their employees to ward off industrial disputes through the proactive management of restructuring operations. This is a precondition for economic success and is a social requirement, since it enables resources to be redistributed to emerging sectors and opens new windows of opportunity for workers when their jobs are at risk. A European framework for restructuring exercises would make for an environment based on mutual trust.’;"

Amendment 35 #

Motion for a resolution
Recital G

G. whereas, as stated in the Single Market Act, ‘The Lisbon Treaty, and the affirmation of the concept of a ‘highly competitive social market economy’ as one of its key objectives, require the Union to adopt a more all-embracing view of the single market ~~(...) A European framework for restructuring exercises would make for an environment based on mutual trust.~~’;

Amendment 36 #

Motion for a resolution
Recital G

G. whereas, as stated in the Commission communication on "Towards a Single Market Act" , ‘The Lisbon Treaty, and the affirmation of the concept of a ’highly competitive social market economy‘ as one of its key objectives, require the Union to adopt a more all-embracing view of the single market (...) ~~A European framework for restructuring exercises would make for an environment based on mutual trust.’~~;

Amendment 37 #

Motion for a resolution
Recital G a (new)

Ga. whereas the deepening of the single market results in defragmentation of markets, which leads to extra competition which promotes restructuring; whereas the Union should take responsibility for this process by setting the framework to alleviate the social consequences of restructuring;

Amendment 38 #

Motion for a resolution
Recital H

H. whereas, the "Orientations for reference in managing change and its social consequences" drawn up by the social partners in October 2003 have however not been followed by any significant measure leading to the practical implementation and concrete application of those guidelines;deleted

Amendment 39 #

Motion for a resolution
Recital H

H. whereas, the ‘Orientations for reference in managing change and its social consequences’ drawn up by the social partners in October 2003 have however not been followed by any ~~significant~~legislative measure leading to the practical implementation and concrete application of those guidelines, with the exception of two cycles of national seminars held by the social partners in the framework of their pluriannual work programmes;

Amendment 4 #

Motion for a resolution
Citation 13 b (new)

- having regard to the European Parliament resolution of 15 December 2011 on the Mid-term review of the European Strategy 2007-2012 on occupational health and safety1, _____________ 1 P7_TA(2011)0589

Amendment 40 #

Motion for a resolution
Recital H

H. whereas, the ‘Orientations for reference in managing change and its social consequences’ drawn up by the social partners in October 2003 have however not been followed by any significant measure leading to the practical implementation and concrete application of those guidelines; whereas these are still largely unknown not only from the national and sectoral social partners' organisations, but also, and more importantly, from companies and their workers' representatives; whereas, however, timely and effective observance of the principles enshrined in those Orientations and resulting also from many other studies and reports would be of great importance. since company practices in this field are frequently reactive rather than proactive, intervene too far downstream of the decision- making process and do not involve external entities that could play a role in attenuating its social impact either sufficiently or in a sufficiently timely manner;

Amendment 41 #

Motion for a resolution
Recital I

I. whereas the Commission has looked for concrete contributions on how to further develop policy in this area through its ‘Green Paper on Restructuring and anticipation of change: what lessons from recent experience?’ of 17 January 2012, in which it recognises that ‘technological change and innovation may force adjustment strategies for companies and labour, but there are also indications that innovation, combined with research and education can build an effective way to pull Europe out of the crisis’;

Amendment 42 #

Motion for a resolution
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 43 #

Motion for a resolution
Recital J

J. whereas, in spite of the strong statements referred to above, the Commission has delivered disappointing responses to parliamentary resolutions on information, consultation and restructuring, highlighting the need for urgent and concrete steps in this area, and to requests coming from other economic and social players;deleted

Amendment 44 #

Motion for a resolution
Recital J

Amendment 45 #

Motion for a resolution
Recital K

K. whereas this resolution is without prejudice to information ~~and consultation~~ obligations resulting from other Union and national law; insofar as Union and national law so provide, information ~~and consultation~~ procedures should be fully used to ~~apply the rule~~implement the recommendations laid down in the present Resolution;

Amendment 46 #

Motion for a resolution
Recital K

K. whereas this resolution is without prejudice to information and consultation obligations resulting from other Union and national law; insofar as Union and national law so provide, information and consultation procedures should be fully used to ~~apply the rule~~implement the recommendations laid down in the present Resolution;

Amendment 47 #

Motion for a resolution
Recital K a (new)

Ka. whereas this resolution is without prejudice to employment protection obligations and obligations related to employment termination resulting from national law;

Amendment 48 #

Motion for a resolution
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 49 #

Motion for a resolution
Recital L

L. whereas, despite consulting the European social partners twice in the previous decade , the Commission has failed to take practical steps to ensure the wide application throughout the Union of the anticipative and proactive approaches and socially responsible restructuring practices that it recalls in so many policy documents (see above);deleted

Amendment 5 #

Motion for a resolution
Citation 20 a (new)

- having regard to the own-initiative opinion of the European Economic and Social Committee on ‘Cooperatives and restructuring’1, _____________ 1 Not yet published in the Official Journal.

Amendment 50 #

Motion for a resolution
Recital L

L. whereas~~, despite consulting the~~ European social partners have been consulted twice in the previous decade , the Commission has failed to take practical steps to ensure the wide application throughout the Union of the anticipative and proactive approaches and socially responsible restructuring practices that it recalls in so many policy documents (see above);

Amendment 51 #

Motion for a resolution
Recital L a (new)

L a. whereas there are currently large differences in national law on the responsibilities of employers towards their employees in the process of restructuring; whereas, in some countries, the European Adjustment Globalisation Fund is used for measures that in other countries are the responsibility of the employer;

Amendment 52 #

Philippe BOULLAND

Motion for a resolution
Recital M

M. whereas good and effective information and consultation in relation to restructuring means ~~a more intelligent, proactive, responsible and strategic manner, which will contribute to making~~that the relevant measures should be taken several months prior to the proposed restructuring, that they should also cover subcontractors and that they should include the prompt provision of retraining courses in order to help make undertakings and the Union more competitive, as well as send~~ing~~ out a message of certainty and transparency to European citizens and investors at a time of crisis;

Amendment 53 #

Jelko KACIN, Marian HARKIN

Motion for a resolution
Recital M

M. whereas good information ~~and consultation~~ in relation to restructuring ~~means a more intelligent, proactive, responsible and strategic manner, which will~~can contribute to making undertakings and the Union more competitive, as well as sending out a message of certainty and transparency to European citizens at a time of crisis;

Amendment 54 #

Motion for a resolution
Recital M

M. whereas good information and consultation in relation to restructuring ~~means a more intelligent, proactive, responsible and strategic manner, which will~~can contribute to making undertakings and the Union more competitive, as well as sending out a message of certainty and transparency to European citizens at a time of crisis;

Amendment 55 #

Motion for a resolution
Recital M

M. whereas good information and consultation in relation to restructuring means a more intelligent, proactive, responsible and strategic manner, which ~~will~~may contribute to making undertakings and the Union more competitive, as well as sending out a message of certainty and transparency to European citizens at a time of crisis;

Amendment 56 #

Motion for a resolution
Recital M a (new)

M a. whereas Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 on establishing the European Globalisation Adjustment Fund is currently being revised;

Amendment 57 #

Motion for a resolution
Recital M a (new)

Ma. whereas companies which fail to adapt to changing circumstances will be unable to keep pace with their competitors in the long term;

Amendment 58 #

Motion for a resolution
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 59 #

Motion for a resolution
Recital M a (new)

Ma. whereas, with a view to helping workers and companies to anticipate changes more effectively, the Commission1 has launched in-depth research and analyses, both on the restructuring phenomenon itself and on the monitoring of activity sectors, including a series of studies on changes in employment between now and 2020; whereas this prospective analysis is being carried out in conjunction with independent researchers, social partners and other European institutions, such as the European Parliament, and Union agencies and bodies such as EUROFOUND's European Monitoring Centre on Change (EMCC)2 and the European Centre for the Development of Vocational 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 6 #

Motion for a resolution
Citation 21 a (new)

- having regard to the Commission communication of 20 September 2011 on a "Roadmap to a Resource Efficient Europe" (COM(2011) 0571),

Amendment 60 #

Emer COSTELLO

Motion for a resolution
Recital M a (new)

Ma. whereas, with a view to helping workers and companies to anticipate changes more effectively, the Commission1 has launched in-depth research and analyses, both on the restructuring phenomenon itself and on the monitoring of activity sectors, including a series of studies on changes in employment between now and 2020, whereas this prospective analysis is being carried out in conjunction with independent researchers, social partners and other European institutions, such as the European Parliament, and Union agencies and bodies such as EUROFOUND's European Monitoring Centre on Change (EMCC)2 and the European Centre for the Development of Vocational 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 61 #

Motion for a resolution
Recital M b (new)

Mb. whereas companies and sectors tend to be in the best position to gauge their own restructuration needs;

Amendment 62 #

Motion for a resolution
Recital M c (new)

Mc. whereas each Member State is involved in different restructuring processes, and the repercussions are different in each country;

Amendment 63 #

Motion for a resolution
Paragraph 1

1. Requests the Commission to submit to the Parliament within three months of the date of adoption of this resolution on the basis of Article 225 of the Treaty, a legislative proposal for a directive as recommended in the Annex;deleted

Amendment 64 #

Motion for a resolution
Paragraph 1

1. Requests the Commission to submit to the Parliament within three months of the date of adoption of this resolution on the ~~basis of Article 225~~findings of the TGre~~aty, a legislative proposal for a directive as recommended in the Annex~~en Paper consultation;

Amendment 65 #

Motion for a resolution
Paragraph 1

1. Requests the Commission to submit to the Parliament within three months of the date of adoption of this resolution on the basis of Article 225 of the Treaty, a ~~legislative proposal for a dire~~Code of Good Practivce ~~as recommended in the Annex~~on Restructuring;

Amendment 66 #

Motion for a resolution
Paragraph 1 – subparagraph 1 (new)

Calls on the Commission and other institutions involved in the ordinary legislative procedure to help ensure that, when Regulation (EC) No 1927/2006 is revised, its scope is extended to cover all the new problems arising from the development of the multiplicity of new forms of restructuring which have affected the European market, including the problem of uncontrolled relocation within and outside the EU, which has a devastating effect on employees;

Amendment 67 #

Motion for a resolution
Paragraph 1 a (new)

1a. Requests the Commission, if the findings of the Green Paper consultation deem it necessary, to propose a recommendation on restructuring at the earliest possible date, respecting the principle of subsidiarity;

Amendment 68 #

Motion for a resolution
Paragraph 1 b (new)

1b. confirms that in order to create conditions favourable to change which are also able to anticipate and prevent its possible negative impact in terms of job losses, it is essential to take coordinated action at the most appropriate level (regional, national and/or European) in the following spheres: strengthening of the European internal market, with special focus on improving access to funding; stability and predictability of the regulatory framework; efficiency of the labour markets; increasing the employability of workers through better focused, higher quality education and training; and strong support for innovation and for an active and effective industrial policy able to help to create new opportunities for both enterprises and workers;

Amendment 69 #

Motion for a resolution
Paragraph 1 c (new)

1c. Emphasises that SMEs are not as well equipped as large businesses when it comes to developing the same type of good restructuring practices. They should therefore be supported and encouraged to participate in the restructuring process of the enterprises on which they depend;

Amendment 7 #

Motion for a resolution
Citation 21 b (new)

- having regard to the Commission communication of 8 March 2011 on "A Roadmap for moving to a competitive low carbon economy in 2050" (COM(2011) 0112),

Amendment 70 #

Motion for a resolution
Paragraph 2

2. ~~Confirms~~Requests the Commission to ensure that the recommendations respect the principle of subsidiarity and proportionality ~~and~~, the fundamental rights of citizens, entrepreneurial freedom and the right to property;

Amendment 71 #

Motion for a resolution
Paragraph 2

2. Confirms that the above-mentioned recommendations respect the principle of subsidiarity and proportionality and the fundamental rights of citizens;

Amendment 72 #

Motion for a resolution
Paragraph 2 a (new)

2a. Confirms the relevance of strong social dialogue based on mutual trust and shared responsibility, as being the best instrument with which to seek consensual solutions and common outlooks when predicting, preventing and managing restructuring processes. From this perspective, it is important to intensify the exchange of best practices and experiences at European level;

Amendment 73 #

Motion for a resolution
Paragraph 2 b (new)

2b. Calls on the Commission to assess whether it is necessary to take steps at European level to supervise the activities of companies in order to prevent any sort of abuse with prejudicial effects, particularly on workers;

Amendment 74 #

Motion for a resolution
Paragraph 2 c (new)

2c. Calls for dismissal to be seen as a last resort after having considered all possible alternatives, without this diminishing the competitiveness of enterprises.

Amendment 75 #

Motion for a resolution
Paragraph 3

~~3. Considers that the requested proposal will have no financial implications;~~deleted

Amendment 76 #

Motion for a resolution
Paragraph 3

3. ~~Considers that the requested proposal~~Requests the Commission to guarantee that the recommendations will have no financial implications for the companies;

Amendment 77 #

Motion for a resolution
Paragraph 4

4. Instructs its President to forward this ~~legislative proposal~~resolution and the accompanying detailed recommendations to the Commission and the Council.

Amendment 78 #

Motion for a resolution
Paragraph 4

4. Instructs its President to forward this ~~legislative~~ proposal and the accompanying detailed recommendations to the Commission and the Council.

Amendment 8 #

Motion for a resolution
Citation 26 a (new)

-having regard to the findings of research and surveys by the European Foundation for the Improvement of Living and Working Conditions (Eurofound),

Amendment 9 #

Motion for a resolution
Recital A

A. whereas restructuring is not a new phenomenon ~~but on~~in Europe, but a practice which in recent years has ~~taken on new forms, becoming more prevalent with a broader geographical and sectoral coverage in Europe~~become more prevalent as well as taking many different forms, intensifying in some sectors and spreading to others, with unforeseeable consequences for the economic and social fabric of the Member States;

source: PE-494.585

2012/08/02 EMPL 340 amendments...

Amendment 100 #

Proposal for a recommendation
Recommendation 1, Recital 6

(6) It is a widely recognised that any restructuring operation should be subject to an explanation and of justification to the stakeholders, which includes in line with national and European legislation in particular the full and appropriate involvement of employee representatives at all levels before taking a company decision.

Amendment 101 #

Proposal for a recommendation
Recommendation 1, Recital 6

Amendment 102 #

Proposal for a recommendation
Recommendation 1, Recital 6

(6) It is a widely recognised that any restructuring operation should be subject to an explanation and of justification to the stakeholders, including on the choice of the measures envisaged in relation to the objectives and to alternative options.

Amendment 103 #

Proposal for a recommendation
Recommendation 1, Recital 6

(6) It is a widely recognised that any restructuring operation should be subject to an explanation and of justification to the social partners and other relevant stakeholders.

Amendment 104 #

Proposal for a recommendation
Recommendation 1, Recital 6 a (new)

(6a) Such information as is required by existing European Union Laws concerning the contemplated restructuring should be provided to employees' representative in good time to enable them to prepare for consultations. The public authorities should also be notified, in accordance with the requirements of national law.

Amendment 105 #

Proposal for a recommendation
Recommendation 1, Recital 8

~~(8) The active involvement of public authorities at the relevant level in the preparation and management~~deleted

Amendment 106 #

Proposal for a recommendation
Recommendation 1, Recital 8

(8) The active ~~involvement~~cooperation and assistance of public authorities at the relevant level in the preparation ~~and management~~, management and above all implementation of restructuring operations contributes greatly to limiting their negative impact.

Amendment 107 #

Jutta STEINRUCK, Evelyn REGNER

Proposal for a recommendation
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 108 #

Proposal for a recommendation
Recommendation 1, Recital 8

(8) The active involvement of public authorities at the relevant level in the preparation and management of restructuring operations contributes greatly to limiting their negative impact. The same applies with regard to the involvement of local economic actors, in particular SMEs being in a situation of dependence towards the restructuring company due to their quality of suppliers or of subcontractors.

Amendment 109 #

Proposal for a recommendation
Recommendation 1, Recital 8a (new)

8a The existence of a financial support system is essential to work as an incentive to reach and implement agreements within the framework of the existing legislation. This support, regardless of incentives established at national level, can be channelled through the European Regional Development Fund (ERDF) or European Social Fund (ESF) within the framework of the new financial perspectives 2014-2020, with an integrated, structural approach based on anticipation, preparation and responsible management. The European Globalisation Adjustment Fund (EGF) should continue, with strengthened capacity, in order to act in a reactive, temporary and palliative way.

Amendment 110 #

Proposal for a recommendation
Recommendation 1, Recital 8 a (new)

(8a) Too much emphasis on fiscal consolidation threatens to limit the capacity of public authorities to mitigate the negative impact of restructuring, and therefore the capacity of the economy as a whole to adapt and recover.

Amendment 111 #

Proposal for a recommendation
Recommendation 1, Recital 8 a (new)

(8a) The involvement of the public authorities in managing the consequences of restructuring can assist with economic conversion and the retaining of workers.

Amendment 112 #

Proposal for a recommendation
Recommendation 1, Recital 9

~~(9) It is important that companies, in conjunction with employees' representatives, create tools for regular evaluation and reporting on their restructuring practices.~~deleted

Amendment 113 #

Proposal for a recommendation
Recommendation 1, Recital 9

(9) It is important that companies, in conjunction with employees' representatives, ~~create~~apply existing tools for regular evaluation and reporting on their ~~restructuring practices~~activities to anticipate restructuring, in accordance with the procedures and practices developed at national level.

Amendment 114 #

Proposal for a recommendation
Recommendation 1, Recital 9 a (new)

(9a) The new focus of economic governance is the consolidation of state budgets, so that restrictions on public spending are jeopardising measures to cushion the adverse impact of restructuring operations.

Amendment 115 #

Proposal for a recommendation
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 over a period of three months.deleted

Amendment 116 #

Proposal for a recommendation
Recommendation 1, Recital 10

(10) Such an Union framework should apply to major restructuring operations of companies and groups of companies, ~~those which employ on the territory of the Union at least 500 workers, and to restructuring operations of a~~ implying either an important number of workers or an important percernta~~in dimension, covering at least 100 workers in a single company or 500 employe~~ge of the staff of those companies, in a ~~company and its dependent companies or one or more Member States over a period of three months~~limited amount of time.

Amendment 117 #

Proposal for a recommendation
Recommendation 1, Recital 10

Amendment 118 #

Proposal for a recommendation
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 comp~~. Restructuring is defined as any change in a company that falls within the scope of the Collective Redundancies or ~~one or more Member States over a period of three month~~Transfer of Undertakings Directives.

Amendment 119 #

Proposal for a recommendation
Recommendation 1, Recital 10

(10) Such an EU framework should apply to companies or group of companies, both privately and publicly owned, in accordance with national law and/or collective agreements. In any case to major companies and groups of companies, those which employ on the territory of the EU at least 500 workers, and to the 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 over a period of three months. The prescribed thresholds for the size of the workforce are defined in line with the definition included in Directive 38/2009/EC.

Amendment 120 #

Proposal for a recommendation
Recommendation 1, Recital 11

(11) Any Union framework on anticipation, preparation and management of change and restructuring should encourage and give precedent to agreement between the ~~most concerned par~~company and its employees' representatives~~, o~~ at local level. Only in the absence of such agreement should standard rule apply.

Amendment 121 #

Proposal for a recommendation
Recommendation 1, Recital 11

(11) Any Union framework on anticipation, preparation and management of change and restructuring should encourage and give precedentce to agreement between the most concerned parties, so that only in the absence of such agreement should standard rules apply.

Amendment 122 #

Proposal for a recommendation
Recommendation 1, Recital 11 a (new)

(11a) This directive has to supplement and strengthen existing national and European regulations as well as negotiated agreements of representative social partners on various levels, but should never cause a deterioration of relevant standards of involvement of companies, employees' representatives, public authorities and other relevant stakeholders in their abilities to anticipate, prepare and manage corporate restructuring in a socially responsible way.

Amendment 123 #

Proposal for a recommendation
Recommendation 2, paragraph 1

1. The purpose of the ~~Directive~~Recommendation is to promote ~~and facilitate information and consultation in economic change and improve~~good practice in the way in which companies, employees' representatives, public authorities and other relevant stakeholders throughout the Union anticipate, prepare and manage in a socially responsible way corporate restructuring.

Amendment 124 #

Proposal for a recommendation
Recommendation 2, paragraph 1

1. The purpose of the Directive is to promote and facilitate information and consultation in economic change and improve the way in which companies, employees' representatives, public authorities and other relevant stakeholders throughout the Union anticipate, prepare and manage in a socially and environmentally responsible way corporate restructuring.

Amendment 125 #

Proposal for a recommendation
Recommendation 2, paragraph 1

1. The purpose ~~of the Directive~~ is to promote and facilitate information and consultation in economic change and improve the way in which companies, employees' representatives, public authorities and other relevant stakeholders throughout the Union anticipate, prepare and manage in a socially responsible way corporate restructuring.

Amendment 126 #

Proposal for a recommendation
Recommendation 2, paragraph 1

1. The purpose of the Directive is to promote and facilitate information and consultation in economic change and improve the way in which companies, employees' representatives, public authorities and other relevant stakeholders, each with different responsibility and a sequenced role in the process of restructuring, throughout the Union anticipate, prepare and manage in a socially responsible way corporate restructuring.

Amendment 127 #

Proposal for a recommendation
Recommendation 2, paragraph 2

2. The present Directive covers restructuring operations affecting at least 100 employees in a single company or 500 employees in a company and its dependent companies in one or more Member States over a period of three months.deleted

Amendment 128 #

Proposal for a recommendation
Recommendation 2, paragraph 2

2. To that end, companies and employees' representatives, when dealing with restructuring, in a spirit of cooperation, by recognizing that these processes aim at protecting at the same time the interests of companies as regards their competitiveness and sustainability and those of their employees.

Amendment 129 #

Proposal for a recommendation
Recommendation 2, paragraph 2

2. To that end, companies and employees' representatives, when dealing with restructuring, in a spirit of cooperation, shall recognise that these processes aim to protect both the interests of companies as regards competitiveness and sustainability, and those of their employees as regards social security and the long-term safeguarding of jobs.

Amendment 130 #

Proposal for a recommendation
Recommendation 2, paragraph 2

2. To that end, companies and employees' representatives, when dealing with restructuring, in a spirit of cooperation, by recognizing that these processes aim at protecting at the same time the interests of companies as regards competitiveness and sustainability and those of their employees, as regards social security and employment, health and working conditions.

Amendment 131 #

Proposal for a recommendation
Recommendation 3, paragraph 1

~~1. For the purposes of the Directive:~~Definitions and scope deleted

Amendment 132 #

Proposal for a recommendation
Recommendation 3, paragraph 1, point a

~~(a) "companies" mean companies and groups of companies employing at least 500 employees in the Union, as well as any company part of the group referred to above;~~deleted

Amendment 133 #

Proposal for a recommendation
Recommendation 3, paragraph 1, point a

a) "companies" mean national and international companies and groups of companies employing at least 500 employees in the Union, as well as any company part of the group referred to above;

Amendment 134 #

Proposal for a recommendation
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 135 #

Proposal for a recommendation
Recommendation 3, paragraph 1, point a

(a) "companies" mean companies and groups of companies employing at least 2500 employees in the Union or being at least medium size according to the EU recommendation 2003/361, as well as any company part of the group referred to above;

Amendment 136 #

Proposal for a recommendation
Recommendation 3, paragraph 1, point a

(a) "companies" mean companies and groups of companies employing at least 500 employees in the Union, as well as any company part of the group referred to above, without prejudice to lower threshold provided by national law and/or collective agreements;

Amendment 137 #

Proposal for a recommendation
Recommendation 3, paragraph 1, point b

~~(b) "dependent companies" mean companies in a situation of dependence on the ones above by reasons of subcontracting, supply contract and others;~~deleted

Amendment 138 #

Proposal for a recommendation
Recommendation 3, paragraph 1, point b

(b) "dependent companies" mean companies and firms in a situation of dependence of the ones above by reasons of subcontracting, supply contract and others;

Amendment 139 #

Proposal for a recommendation
Recommendation 3, paragraph 1, point b

(b) "dependent companies" mean companies in a situation of substantial dependence of the ones above by reasons of subcontracting, supply contract and others;

Amendment 140 #

Proposal for a recommendation
Recommendation 3, paragraph 1, point c

~~(c) "employees' representatives" mean the ones provided for by national law and/or practice;~~deleted

Amendment 141 #

Proposal for a recommendation
Recommendation 3, paragraph 1, point d

(d) "agreements" mean agreements concluded at the relevant level (European, national, sectoral, regional or company- level) by, on one hand, representatives of the companies or their organisations, and, on the other hand, representatives of the employees with the capacity to conclude collective agreements under national law or practice or under the procedures laid down by the competent trade union organisations at European level;deleted

Amendment 142 #

Proposal for a recommendation
Recommendation 3, paragraph 1, point d

(d) "agreements" mean agreements concluded at the relevant level (European, national, sectoral, regional or company- level) by, on one hand, representatives of the companies or their organisations, and, on the other hand, representatives of the employees with the capacity to conclude collective agreements under national law or practice ~~or under the procedures laid down by the competent trade union organisations at European level~~;

Amendment 143 #

Proposal for a recommendation
Recommendation 3, paragraph 1, point d

(d) "agreements" mean agreements concluded at the relevant level (European, national, sectoral, regional or company- level) by, on one hand, employer representatives ~~of the companies~~ and/or their organisations, and, on the other hand, representatives of the employees with the capacity to conclude collective agreements under national law and/or practice or under the procedures laid down by the competent trade union organisations at European level;

Amendment 144 #

Proposal for a recommendation
Recommendation 3, paragraph 1, point e

~~(e) "employees" mean the employees of the companies covered by the Directive, irrespective of the type of employment contract;~~deleted

Amendment 145 #

Proposal for a recommendation
Recommendation 3, paragraph 1, point e

(e) "employees" mean the employees of the companies covered by the ~~Directive, irrespective of the type of employment contract~~Recommendation, as defined by national law;

Amendment 146 #

Proposal for a recommendation
Recommendation 3, paragraph 1, point e

(e) "employees" mean ~~the~~s employees o~~f 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 t~~ype of employm~~emporary work agencies and self-employed workers whose economic activity is dependent con~~tract~~ that of the company in question;

Amendment 147 #

Proposal for a recommendation
Recommendation 3, paragraph 1, point e

(e) "~~employee~~workers" mean the ~~employees of the companies covered by the Directive, irrespective of the type of employment contract~~workers with contracts of employment of indefinite duration as in Regulation (EC) No 1927/2006, but also workers with fixed- term contracts, temporary agency workers and dependent self-employed workers;

Amendment 148 #

Proposal for a recommendation
Recommendation 3, paragraph 1, point f

~~(f) "public authorities" mean bodies of the public administration at the relevant level, as designated by Member States;~~deleted

Amendment 149 #

Proposal for a recommendation
Recommendation 3, paragraph 1, point f

(f) "public authorities" mean bodies of the public administration at the relevant level, as designated by Member States, including local employment services;

Amendment 150 #

Proposal for a recommendation
Recommendation 3, paragraph 1, point g

~~(g) "restructuring operation" means any re-organisation of the structure, of work processes and organisation, of the location with a quantitative or qualitative impact on employment;~~deleted

Amendment 151 #

Proposal for a recommendation
Recommendation 3, paragraph 1, point g

(g) "restructuring operation" means any ~~re- organisation of the structure, of work processes and organisation,~~changes which falls within the scope of the Collective Redundancies ofr t~~he location with a quantitative or qualitative impact on employment~~ransfer of Undertaking Directives;

Amendment 152 #

Proposal for a recommendation
Recommendation 3, paragraph 1, point g

(g) "restructuring operation" means any ~~re- organisation of the~~substantial process or measure to be adopted by the company or the employer addressed to re-organisation of the corporate and business structure, of work processes and organisation, of the location with a quantitative or qualitative impact on employment;

Amendment 153 #

Proposal for a recommendation
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 154 #

Proposal for a recommendation
Recommendation 3, paragraph 1, point g a (new)

(ga) “information” is defined in line with the provision/definition in the European Society legislation and European Works Council directive EC 38/2009;

Amendment 155 #

Proposal for a recommendation
Recommendation 3, paragraph 1, point g b (new)

(gb) “consultation” is defined in line with the provision/definition in European Societies legislation and European Works Council directive EC 38/2009;

Amendment 156 #

Proposal for a recommendation
Recommendation 3, paragraph 2

Amendment 157 #

Proposal for a recommendation
Recommendation 3, paragraph 2

Amendment 158 #

Proposal for a recommendation
Recommendation 3, paragraph 2

2. The present Directive covers restructuring operations affecting ~~at least 100~~either a certain amount of employees ~~in a singl~~within the company or ~~500 employees in a company and its dependent companies~~the group of companies, or a certain percentage of the same in one or more Member States over a ~~period of three~~ limited amounths of time.

Amendment 159 #

Proposal for a recommendation
Recommendation 3, paragraph 2

2. The present ~~Directive~~text, covers restructuring operations affecting at least 100 employees in a single company or 500 employees in a company and its dependent companies in one or more Member States over a period of three months. This is without prejudice to lower thresholds provided for by national law and/or collective agreements.

Amendment 160 #

Proposal for a recommendation
Recommendation 4, Title

~~Long-term strategic planning, adapt~~Adaptability and employability and employability

Amendment 161 #

Proposal for a recommendation
Recommendation 4, paragraph 1

~~1. Any restructuring operation shall be integrated into a long-term strategy that aims to ensure and strengthening the long-term sustainability and competitiveness of the company.~~deleted

Amendment 162 #

Proposal for a recommendation
Recommendation 4, paragraph 1

1. ~~Any restructuring operation shall be integrated into~~Companies shall develop a long-term strategy that aims to ensure and strengthen~~ing~~ the long- term sustainability and competitiveness of the company and into which any restructuring operation must be integrated..

Amendment 163 #

Proposal for a recommendation
Recommendation 4, paragraph 1

1. Any restructuring operation ~~shall~~must be integrated into a long-term strategy that aims to ensure and strengthening the long- term sustainability and competitiveness of the company and job security.

Amendment 164 #

Proposal for a recommendation
Recommendation 4, paragraph 1

1. Any restructuring operation shall be integrated into a long-term strategy that aims to ensure and strengthen~~ing~~ the long- term sustainability and competitiveness of the company, while stimulating a culture geared to innovation.

Amendment 165 #

Proposal for a recommendation
Recommendation 4, paragraph 1 a (new)

1a. It is recognised that in most cases companies are forced to restructure because of unforeseen changes in market conditions or because of developments in technology.

Amendment 166 #

2. ~~Long-term strategic planning shall includ~~Good practice require that companies should put in place 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 ~~manag~~enhance their internal and external mobility.

Amendment 167 #

Proposal for a recommendation
Recommendation 4, paragraph 2

2. Long-term strategic planning shall include economic developments, as well as 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 manage their internal and external mobility.

Amendment 168 #

Proposal for a recommendation
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 and sustainability of the company and its capacity of adaptation, as well as to increase the employability of employees and to manage their internal and external mobility.

Amendment 169 #

Proposal for a recommendation
Recommendation 4, paragraph 2

2. Long-term strategic planning ~~shall~~ includes human resources, employment and skills objectives ~~that~~ focussed 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 manag~~, to ease the transitions of employees and to facilitate their internal and external mobility.

Amendment 170 #

Proposal for a recommendation
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 ~~incr~~ease the ~~employability~~transitions of employees and to ~~manag~~facilitate their internal and external mobility.

Amendment 171 #

Proposal for a recommendation
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 ~~manag~~facilitate their internal and external mobility.

Amendment 172 #

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~~facilitate transfers of employees and to ~~manage~~create scope for their internal and external mobility.

Amendment 173 #

Proposal for a recommendation
Recommendation 4, paragraph 3

3. To that end, companies ~~shall recognise the right of every employee to benefit from appropriate training. E~~and employees shall recognise that education and lifelong learning are necessary to enhance their employability ~~and shall accept relevant training offers~~.

Amendment 174 #

Proposal for a recommendation
Recommendation 4, paragraph 3

3. To that end, companies shall ~~recognise the right of every employee to benefit from~~encourage employees' access to appropriate training. Employees shall recognise that education and lifelong learning are necessary to enhance their employability and shall accept relevant training offers.

Amendment 175 #

Proposal for a recommendation
Recommendation 4, paragraph 3

3. To that end, companies recognize the right for every employee to benefit from appropriate training, whatever their age or type of contact. Employees shall recognise that education and lifelong learning are necessary to enhance their employability and shall accept relevant training offers.

Amendment 176 #

Proposal for a recommendation
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 177 #

Proposal for a recommendation
Recommendation 4, paragraph 3

3. To that end, companies shall recognise the right of every employee to benefit from appropriate training in order to anticipate changed job requirements within companies. Employees shall recognise that education and lifelong learning are necessary to enhance their employability and shall accept relevant training offers.

Amendment 178 #

Proposal for a recommendation
Recommendation 4, paragraph 3 a (new)

3a. As part of a human resources plan involving a lifelong career planning process, the company shall draw up a report for each department or for the whole company making it possible to monitor the development of training and of career plans.

Amendment 179 #

Proposal for a recommendation
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 180 #

Proposal for a recommendation
Recommendation 5, title

~~Anticip~~Identification of employment and skills needs

Amendment 181 #

Proposal for a recommendation
Recommendation 5, paragraph 1

1. Companies sh~~all develop, in cooperation with employees' representatives and, where applicable, with public authorities and other relevant stake-holders, mechanisms that anticipate and plan for~~ould discuss, within the framework of existing European union information and consultation laws with employees' representatives future employment and skills needs.

Amendment 182 #

Proposal for a recommendation
Recommendation 5, paragraph 1

1. ~~Companies shall~~Employers develop, in co~~oper~~nsultation with employees'’ representatives ~~and, where applicable,~~, with due regard for their reciprocal rights and obligations, and as appropriate with public authorities and other relevant stake- holders, mechanisms ~~that~~of anticipateion and ~~plan for future~~of forward-looking planning of employment and skills needs.

Amendment 183 #

Proposal for a recommendation
Recommendation 5, paragraph 1

1. Companies shall develop, ~~in cooperation~~ with employees' representatives and, where applicable, with public authorities and other relevant stake- holders, mechanisms that anticipate and plan for future employment and skills needs.

Amendment 184 #

Proposal for a recommendation
Recommendation 5, paragraph 1

1. Companies ~~shall~~may develop, in cooperation with employees' representatives and, where applicable, with public authorities and other relevant stake-holders, mechanisms that anticipate and plan for future employment and skills needs.

Amendment 185 #

Proposal for a recommendation
Recommendation 5, paragraph 2, introductory part

2. ~~To that end,~~Good practice provides for companies ~~shall~~to establish~~, in co-operation with employees' representatives and other relevant stakeholders~~ human resource development plans tailored to their own individual circumstances. Examples of such good practice include, but are not limited to:

Amendment 186 #

Proposal for a recommendation
Recommendation 5, paragraph 2, introductory part

2. To that ~~end, companie~~purpose, employers shall establish, in ~~co-operation with employees' representatives~~formation and consultation procedures with employees' representatives with a view of reaching and agreement, and other relevant stakeholders:

Amendment 187 #

Proposal for a recommendation
Recommendation 5, paragraph 2, introductory part

2. To that end, companies ~~shall~~may establish, in co-operation with employees' representatives and other relevant stakeholders:

Amendment 188 #

Proposal for a recommendation
Recommendation 5, paragraph 2, point a

Amendment 189 #

Proposal for a recommendation
Recommendation 5, paragraph 2, point a

(a) mechanisms for the long-term planning of quantitative and qualitative employment and skills needs that are linked to innovation and development strategies and that take into account the foreseeable evolution of employment and skills, both positive and negative; continuing education and training must be accessible to all workers equally regardless of age, gender, nationality and employment status;

Amendment 190 #

Proposal for a recommendation
Recommendation 5, paragraph 2, point a

(a) mechanisms for the long-term planning of quantitative and qualitative employment and skills needs that are linked to innovation and development strategies and that take into account economic developments and the foreseeable evolution of employment and skills, both positive and negative;

Amendment 191 #

Proposal for a recommendation
Recommendation 5, paragraph 2, point a

a) mechanisms for the long-term planning of quantitative and qualitative employment and skills needs that are linked to innovation and development strategies and that take into account the foreseeable evolution of employment and skills, both positive and negative; mechanisms to determine the current skill levels of individual employees;

Amendment 192 #

Proposal for a recommendation
Recommendation 5, paragraph 2, point a

(a) mechanisms for the long-term planning of quantitative and qualitative employment and skills needs that are linked to innovation and development strategies and that take into account the foreseeable evolution of employment ~~and~~ skills and working conditions, both positive and negative;

Amendment 193 #

Proposal for a recommendation
Recommendation 5, paragraph 2, point b

~~(b) multiannual plans of employment and skills development covering the following areas:~~deleted

Amendment 194 #

Proposal for a recommendation
Recommendation 5, paragraph 2, point b

(b) multiannual plans of employment, skills and working conditions development covering the following areas:

Amendment 195 #

Proposal for a recommendation
Recommendation 5, paragraph 2, point b

(b) multiannual plans of employment and skills development covering the ~~following~~most relevant areas:

Amendment 196 #

Proposal for a recommendation
Recommendation 5, paragraph 2, point b

(b) multiannual plans of employment and skills development covering the following areas for example:

Amendment 197 #

Proposal for a recommendation
Recommendation 5, paragraph 2, point b, subpoint 1

– support for the creation of a learning ~~advisors~~culture to help employees select and follow adequate training;

Amendment 198 #

Proposal for a recommendation
Recommendation 5, paragraph 2, point b, subpoint 1a (new)

– identification and anticipation of competence and qualifications needs;

Amendment 199 #

Proposal for a recommendation
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

–- regular individual skills assessment leading to individual training maps, the use of which shall be at the discretion of the employee;

Amendment 201 #

Proposal for a recommendation
Recommendation 5, paragraph 2, point b, subpoint 2 a (new)

– regular working conditions assessments especially in regard to the organisation of work;

Amendment 202 #

Proposal for a recommendation
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

–- individual training plans ~~with quantitative targets~~, the content of which must be defined by agreement with the employee;

Amendment 204 #

Proposal for a recommendation
Recommendation 5, paragraph 2 b, subpoint 6

– training p~~ackages, if needed, in co- operation with external stakeholders~~rograms, both in-house and externally;

Amendment 205 #

Proposal for a recommendation
Recommendation 5, paragraph 2, point b, subpoint 6

– training p~~ackages, if needed, in co- operation with external stakeholders~~rogrammes, both internal and external;

Amendment 206 #

Proposal for a recommendation
Recommendation 5, paragraph 2, point b subpoint 8

– specific training measures to ~~tackle possible negative or problematic development~~deal with identified problems.

Amendment 207 #

Proposal for a recommendation
Recommendation 5, paragraph 2, point b, subpoint 8

– specific training measures t~~o tackle possible negative or problematic development~~hat will help to combat concrete identified problems.

Amendment 208 #

Proposal for a recommendation
Recommendation 5, paragraph 3

Amendment 209 #

Proposal for a recommendation
Recommendation 5, paragraph 3

Amendment 210 #

Proposal for a recommendation
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 to accept that offer by employees shall only be permitted on justified grounds.~~

Amendment 211 #

Proposal for a recommendation
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 fac~~cept that offer by employees shall only be permitted on justified ground~~ilitating coherent and attractive employment transitions for employees.

Amendment 212 #

Proposal for a recommendation
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 to accept that offer by employees shall only be permitted on justified grounds. However, the training needs should be mainly identified through 5-year skill-assessment, to check that their employability is maintained.

Amendment 213 #

Proposal for a recommendation
Recommendation 5, paragraph 3 a (new)

3a. The training needs of individual employees should be reviewed on a regular basis and appropriate training solutions identified, where necessary.

Amendment 214 #

Proposal for a recommendation
Recommendation 5, paragraph 4

Amendment 215 #

Amendment 216 #

Proposal for a recommendation
Recommendation 5, paragraph 4

4. The provisions of paragraphs 1 to 3 above do not apply to companies and employees covered by an agreement, concluded at the relevant level and with the relevant parties, on the procedures for anticipating and skills or assessment forward-looking planning of employment and skills needs.

Amendment 217 #

Proposal for a recommendation
Recommendation 5, paragraph 4

4. The provisions of paragraphs 1 to 3 above do not apply to companies and employees covered by an agreement, concluded at the relevant level and with the relevant parties, on the procedures for anticipating and forward-looking planning of employment and skills needs. An agreement to establish a European Works Council (EC 38/2099 rsp. EC 98/1994) does not apply as such an agreement to this effect.

Amendment 218 #

Proposal for a recommendation
Recommendation 5, paragraph 4 a (new)

4a. Whenever possible and appropriate, companies: (a) develop the mechanisms and plans provided for in paragraph 2 in close operation with external actors, including regional authorities, universities and other education and training providers, technological institutes, innovation centres and development agencies; (b) participate or contribute to external employment and skills observatories, partnerships, networks and other relevant initiatives taken in the region and/or sector concerned.

Amendment 219 #

Proposal for a recommendation
Recommendation 5, paragraph 4 a (new)

4a. Companies should discuss employment and training plans with existing employees' representatives, as provided for by national law or practice.

Amendment 220 #

Proposal for a recommendation
Recommendation 5, paragraph 4 a (new)

4a. The practical implementing arrangements shall be laid down in an agreement concluded between the parties concerned.

Amendment 221 #

Proposal for a recommendation
Recommendation 5, paragraph 5

5. Dependent companies shall be informed of the mechanisms and plans provided for in paragraph 2. Their employees shall be covered by those mechanisms and plans upon the request of the dependent company, justified on the grounds that those mechanisms and plans are required or useful for their own adaptation and development.deleted

Amendment 222 #

Proposal for a recommendation
Recommendation 5, paragraph 5

5. Dependent companies shall be informed of the ~~mechanism~~assessments and plans provided for in paragraph 2. Their employees ~~shall~~may be covered by those ~~mechanism~~assessments and plans upon the request of the dependent company, justified on the grounds that those ~~mechanism~~assessments and plans are required or useful for their own adaptation and development.

Amendment 223 #

Proposal for a recommendation
Recommendation 5, paragraph 5

Amendment 224 #

Proposal for a recommendation
Recommendation 5, paragraph 5

Amendment 225 #

Proposal for a recommendation
Recommendation 5, paragraph 5

Amendment 226 #

Proposal for a recommendation
Recommendation 5, paragraph 5 a (new)

5a. Companies shall reserve adequate financial means to be able to cofinance the activities referred to in points 1-5.

Amendment 227 #

Proposal for a recommendation
Recommendation 6, title

~~Early prepar~~Timely information and consultation

Amendment 228 #

Proposal for a recommendation
Recommendation 6, paragraph 1

1. Except in circumstances where restructuring is triggered by unforeseen or sudden events, any restructuring operation shall be preceded by an appropriate preparation with all the stakeholders concerned with a view to preventing or alleviating its economic, social and local impact.deleted

Amendment 229 #

Proposal for a recommendation
Recommendation 6, paragraph 1

Amendment 230 #

Proposal for a recommendation
Recommendation 6, paragraph 1

1. ~~Except in circumstances where restructuring is triggered by unforeseen or sudden events, a~~Any restructuring operation shall be preceded by an appropriate preparation with all the stakeholders concerned, including workers´ councils, with a view to preventing or alleviating its economic, social and local impact, except in circumstances where restructuring is triggered by a sudden and unforeseen event for which the employer could not reasonably be expected to prepare, e.g. a natural disaster.

Amendment 231 #

Proposal for a recommendation
Recommendation 6, paragraph 1

Amendment 232 #

Proposal for a recommendation
Recommendation 6, paragraph 1

1. Except in circumstances where restructuring is triggered by unforeseen or sudden events, any restructuring operation shall be ~~preceded by an appropriate preparation with all the stakeholders concerned~~conducted with all the stakeholders concerned, according to their respective competences, with a view to preventing or alleviating its economic, social and local impact.

Amendment 233 #

Proposal for a recommendation
Recommendation 6, paragraph 1

1. Except in circumstances where restructuring is triggered by unforeseen or sudden events, any restructuring operation, above all any such operation that is liable to have a significant negative impact, shall be preceded by an appropriate preparation with all the stakeholders concerned with a view to preventing or alleviating its economic, social and local impact.

Amendment 234 #

Proposal for a recommendation
Recommendation 6, paragraph 1

1. Except in circumstances where restructuring is triggered by unforeseen or sudden events, any restructuring operation shall be preceded by an appropriate preparation with ~~all the~~the social partners and other relevant stakeholders concerned with a view to preventing or alleviating its economic, social and local impact.

Amendment 235 #

Proposal for a recommendation
Recommendation 6, paragraph 1 a (new)

1a. Restructuring is in general triggered by exceptional circumstances resulting from changes in markets or developments in technology. It is in the interest of all concerned that when such exceptional circumstances occur management and employees engage in timely discussions in line with the information and consultation requirements of existing European Union legislation.

Amendment 236 #

Proposal for a recommendation
Recommendation 6, paragraph 1 b (new)

1b. Any proposed restructuring operation should be fully explained to employees' representatives who should be given such information about the proposed restructuring as to enable them to undertake an in-depth assessment and to prepare for consultations, where appropriate.

Amendment 237 #

Proposal for a recommendation
Recommendation 6, paragraph 1 b (new)

1b. After having considered the information provided the employees' representatives may, within a reasonable time, offer an opinion on the measures envisaged which can be taken into account by the company when finalising its decisions.

Amendment 238 #

Proposal for a recommendation
Recommendation 6, paragraph 1 c (new)

1c. Companies shall, from the outset, inform the public authorities at the relevant level, in particular at local level.

Amendment 239 #

Proposal for a recommendation
Recommendation 6, paragraph 1 c (new)

1c. The local economic actors, in particular companies and their employees in a situation of dependence in relation to the restructuring company should also be informed from the beginning about the proposed restructuring.

Amendment 240 #

Proposal for a recommendation
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. 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.deleted

Amendment 241 #

Proposal for a recommendation
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 242 #

Proposal for a recommendation
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. ~~Except in the exceptional circumstances referred to in paragraph 1 above, i~~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.

Amendment 243 #

Proposal for a recommendation
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. eExcept in the exceptional circumstances referred to in paragraph 1 above, it shall be carried out ~~within a timeframe~~in accordance with the strategy previously adopted that will allows for the adoption of measures making it possible to avoid or to mitigate to the minimum its negative economic, social and local impact.

Amendment 244 #

Proposal for a recommendation
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 except in the exceptional circumstances referred to in paragraph 1 above, it shall be carried out within a timeframe that allows for meaningful consultation of all concerned stakeholders and the adoption of measures making it possible to avoid or to ~~mitigat~~reduce to the minimum its economic, social and local impact.

Amendment 245 #

Proposal for a recommendation
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 246 #

Proposal for a recommendation
Recommendation 6, paragraph 2 a (new)

2a. In the context of any restructuring the impact on dismissals should be dealt with as a priority, with a clear and transparent commitment by the company with regard to employment.

Amendment 247 #

Proposal for a recommendation
Recommendation 7, Title

~~Information and consultation concerning business decisions~~deleted

Amendment 248 #

Proposal for a recommendation
Recommendation 7, Title

Information and consultation concerning business ~~decisions~~restructuring liable to have a significant negative impact

Amendment 249 #

Proposal for a recommendation
Recommendation 7, paragraph 1

Amendment 250 #

Proposal for a recommendation
Recommendation 7, paragraph 1

Amendment 251 #

Proposal for a recommendation
Recommendation 7, paragraph 1

1. Anyll re~~structuring operation shall be subject to an early explanation and justification to all the relevant stakeholders~~levant stakeholders, and in particular employees’ representatives, must be informed in writing of the reasons for any restructuring operation before any practical measures are taken, irrespective of whether the restructuring operation is to be carried out on the basis of ~~either~~ long- term strategic goals and requirements or short-term constraints.

Amendment 252 #

Proposal for a recommendation
Recommendation 7, paragraph 1

1. ABeyond the obligations in EU worker information and consultation rules, any restructuring operation shall be subject to an early explanation and justification to all the relevant stakeholders on the basis of either long-term strategic goals and requirements or short-term constraints.

Amendment 253 #

Proposal for a recommendation
Recommendation 7, paragraph 1

1. Any restructuring operation ~~shall be subject to an early explanation and justification to~~, in particular any such operation that is liable to have a significant negative impact in terms of possible job losses, shall be accompanied by the implementation of early information mechanisms addressing all the relevant stakeholders on the basis of either long- term strategic goals and requirements or short-term constraints.

Amendment 254 #

Proposal for a recommendation
Recommendation 7, paragraph 1

1. Any restructuring operation shall be subject to an early explanation and justification to ~~all~~ social partners and other relevant stakeholders on the basis of either long-term strategic goals and requirements or short-term constraints.

Amendment 255 #

Proposal for a recommendation
Recommendation 7, paragraph 1

1. Any restructuring operation shall be subject to an early explanation and justification to all the relevant stakeholders on the basis of either long-term strategic goals and requirements or short-term constraints. This obligation shall apply irrespective of whether the decision regarding restructuring is being taken by the company or by a group controlling the company.

Amendment 256 #

Proposal for a recommendation
Recommendation 7, paragraph 2

2. The dialogue provided for in paragraph 1 shall include the justification of the choice of the measures envisaged in order to achieve the objectives and of other possible options, in the light of all the interests concerned.deleted

Amendment 257 #

Proposal for a recommendation
Recommendation 7, paragraph 2

Amendment 258 #

Proposal for a recommendation
Recommendation 7, paragraph 2

2. The ~~dialogue~~justification provided for in paragraph 1 shall include the ~~justification of~~reason for the choice of the measures envisaged in order to achieve the objectives and of other possible options, in the light of all the interests concerned.

Amendment 259 #

Proposal for a recommendation
Recommendation 7, paragraph 2

2. The dialogue provided for in paragraph 1 shall include the justification of the choice of the measures envisaged in order to achieve the objectives, a~~nd of~~fter having evaluated other possible options, in the light of all the interests concerned.

Amendment 260 #

Proposal for a recommendation
Recommendation 7, paragraph 2

2. The dialogue provided for in paragraph 1 shall include the justification of the choice of the measures envisaged, the description of the individual measures, the impact of the measures envisaged on the employees and the company’s legal and financial situation, the products involved and the scope and time scale of the measures. The dialogue shall also cover measures such as outsourcing, the splitting of the company and the establishment of new domestic and foreign subsidiaries, in order to achieve the objectives and of other possible options, in the light of all the interests concerned.

Amendment 261 #

Proposal for a recommendation
Recommendation 7, paragraph 2 a (new)

2a. Employees’ representatives must be informed and consulted at a sufficiently early stage so that the management of the company or group of companies can still respond to proposals made by those representatives and alter their plans and decisions. Employees’ representatives must not be presented with a fait accompli.

Amendment 262 #

Proposal for a recommendation
Recommendation 7, paragraph 3

~~3. Companies shall from the beginning inform the public authorities at the relevant level, in particular at local level, and involve them in the preparation of the restructuring process.~~deleted

Amendment 263 #

Proposal for a recommendation
Recommendation 7, paragraph 3

~~3. Companies shall from the beginning inform the public authorities at the relevant level, in particular at local level, and involve them in the preparation of the restructuring process.~~deleted

Amendment 264 #

Proposal for a recommendation
Recommendation 7, paragraph 3

3. Companies shall ~~from the beginning inform~~implement mechanisms providing early information to the public authorities at the relevant level, in particular at local level, ~~and~~ involveing them as far as possible in the preparation of the restructuring process.

Amendment 265 #

Proposal for a recommendation
Recommendation 7, paragraph 3

3. Companies shall from the beginning inform the public authorities at the relevant level in due time, in particular at local level, and involve them in the ~~prepar~~implementation of the restructuring process.

Amendment 266 #

Proposal for a recommendation
Recommendation 7, paragraph 3

3. Companies shall from the beginning inform the public authorities and trade unions at the relevant level, in particular at local level, and involve them in the preparation of the restructuring process.

Amendment 267 #

Proposal for a recommendation
Recommendation 7, paragraph 3

3. Companies shall from the beginning inform the public authorities at the relevant level, in particular at local level, before practical restructuring measures are taken and involve them in the preparation of the restructuring process.

Amendment 268 #

Proposal for a recommendation
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 269 #

Proposal for a recommendation
Recommendation 7, paragraph 4

4. The local economic actors, in particular companies and their employees in a situation of dependence in relation to the restructuring company shall also be informed from the beginning and actively involved in the process.deleted

Amendment 270 #

Proposal for a recommendation
Recommendation 7, paragraph 4

Amendment 271 #

Proposal for a recommendation
Recommendation 7, paragraph 4

4. The local economic actors, in particular companies and their employees in a situation of dependence in relation to the restructuring company ~~shall~~may also be informed from the beginning ~~and actively involved in the~~on the restructuring process.

Amendment 272 #

Proposal for a recommendation
Recommendation 7, paragraph 4

4. The local economic actors, in particular companies and their employees ~~being~~ in a situation of dependence ~~towards~~in relation to the restructuring company shall also be informed ~~from the beginning and shall also be informed and involved in the proces~~as soon as possible and involved in the process according to needs and possibilities.

Amendment 273 #

Proposal for a recommendation
Recommendation 7, paragraph 4 a (new)

4a. This provision shall not apply if comparable rules on the information and consultation of employees’ representatives are in force at national level.

Amendment 274 #

Proposal for a recommendation
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 275 #

Proposal for a recommendation
Recommendation 8, Title

~~Minimising internal social costs through a social plan~~Considering alternatives

Amendment 276 #

Proposal for a recommendation
Recommendation 8, paragraph 1

1. When the ~~need to restructure occurs as a result of the need to preserve their competitiveness and long-term prosperity,~~management of a company or group of companies sha~~ll consider redundancies only as last resort and only after considering all possible alternative options and identifying and, where available, implementing supporting measures~~s decided to carry out a restructuring operation, all possible alternative options shall be considered and given priority in order to avoid redundancies or ensure that they are considered only as a last resort.

Amendment 277 #

Proposal for a recommendation
Recommendation 8, paragraph 1

1. When the need to restructure occurs ~~as a result of the need to preserve their competitiveness and long-term prosperity,~~ companies sh~~all~~ould consider redundancies only as last resort and only after ~~considering all possible alternative options and identifying and, where available, implementing supporting measur~~examining all other alternatives.

Amendment 278 #

Proposal for a recommendation
Recommendation 8, paragraph 1

1. When ~~the need to~~ restructureing occurs a~~s a result of the need~~nd while always seeking to preserve their competitiveness and long-term prosperity, ~~companies shall consider~~employers envisage redundancies only as last resort and only after having consider~~ing~~ed all possible alternative options and/or identifying and~~, where available,~~ implementing supporting measures.

Amendment 279 #

Proposal for a recommendation
Recommendation 8, paragraph 1

1. When the need to restructure ~~occurs~~is seen, on the basis of objective criteria, to exist as a result of the need to preserve their competitiveness and long-term prosperity, companies shall consider redundancies only as last resort and only after considering all possible alternative options and identifying and, where available, implementing supporting measures.

Amendment 280 #

Proposal for a recommendation
Recommendation 8, paragraph 2

2. In particular, companies shall consider ~~the following~~all relevant options as alternatives and engage into a dialogue with internal and external stakeholders to try and associate them to the solution for redundancies:

Amendment 281 #

Proposal for a recommendation
Recommendation 8, paragraph 2

2. In particular, good practice suggests that companies sh~~all~~ould consider the following options as alternatives for redundancies:

Amendment 282 #

Proposal for a recommendation
Recommendation 8, paragraph 2

2. In particular, companies shall consider the following options as alternatives for redundancies, for example:

Amendment 283 #

Proposal for a recommendation
Recommendation 8, paragraph 2, point c

Amendment 284 #

Proposal for a recommendation
Recommendation 8, paragraph 2, point d

~~(d) re-negotiation of working conditions;~~deleted

Amendment 285 #

Proposal for a recommendation
Recommendation 8, paragraph 2, point d

~~(d) re-negotiation of working conditions;~~deleted

Amendment 286 #

Proposal for a recommendation
Recommendation 8, paragraph 2, point d

~~(d) re-negotiation of working conditions;~~deleted

Amendment 287 #

Proposal for a recommendation
Recommendation 8, paragraph 2, point e

(e) internal or external re~~deployment~~classification within the group of companies or other companies not belonging to the group;

Amendment 288 #

Proposal for a recommendation
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

(h) natural departures, in particular via retirement or, as a last resort, early retirement.

Amendment 290 #

Proposal for a recommendation
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 seek to 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. The effectiveness and efficiency of public employment services are fundamental in this connection.

Amendment 291 #

Proposal for a recommendation
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 sh~~all~~ould make available to the employees concerned ~~measures that aim~~such assistance as is appropriate in the circumstances to enhance their employability and help them to re-enter the labour market as quickly as possible.

Amendment 292 #

3. When redundancies cannot be avoided or as part of the package to be implemented in the context of alternative options, companies, with the assistance of local authorities and public/private employment services, 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. Particular attention shall be given by the public authorities to the quality of the social plan and in particular to training measures, assistance for voluntary departure and measures for women and older employees. Severance payments made by the company which have the nature of damages to compensate for the injury suffered by the employee shall be dealt with specifically in each Member State’s legislation. The amount of such payments shall be greater than that provided for in the case of individual dismissal. Furthermore, the sums paid shall be exempt from social contributions and tax.

Amendment 293 #

Proposal for a recommendation
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~~employers shall respect anti- discrimination legislation, particularly in the field of age discrimination, in selecting the employees targeted for redundancy and 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.

Amendment 294 #

Proposal for a recommendation
Recommendation 8, paragraph 3

Amendment 295 #

Proposal for a recommendation
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, awarding reemployment rights for previously made redundant workers if times get better and the firm subsequently wants to hire again and helping them to re-enter the labour market as quickly as possible.

Amendment 296 #

Proposal for a recommendation
Recommendation 8, paragraph 3

Amendment 297 #

Proposal for a recommendation
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~~aimed at re-enforcing their employability and helping them to re-enter the labour market as quickly as possible without prejudice to employment protection obligations and obligation related to employment termination resulting from national law.

Amendment 298 #

Proposal for a recommendation
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 299 #

Proposal for a recommendation
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. This rule shall be without prejudice to national rules on the protection of workers in general and workers made redundant in particular.

Amendment 300 #

Proposal for a recommendation
Recommendation 8, paragraph 3 a (new)

3a. Notwithstanding their obligations resulting from EU and national law and practices, companies shall envisage the following employability measures insofar as they prove to be necessary or useful for limiting the impact of the operation: – setting-up of an advice centre to provide information to employees threatened by redundancy or made redundant about the labour market, their rights and the conditions negotiated during the restructuring process; – creating redeployment and/or mobility cells; – training and re-training; – individualised professional guidance; – help in job-search, including paid time- off to search for jobs; – monitoring, surveillance and counselling aimed to avoid or minimise the negative impact of the restructuring process on both the physical and psycho- social for both redundant employees, if any, and those staying; – supporting to the creation of own, businesses and co-operatives; – fair compensation.

Amendment 301 #

Proposal for a recommendation
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 302 #

Proposal for a recommendation
Recommendation 9

9. The provisions of Recommendations 6 and 7 shall not apply to companies and employees covered by an agreement concluded at the relevant level and with the relevant parties on the procedures and mechanism for preparing, managing in a socially responsible way and minimising internal social costs of restructuring operations.deleted

Amendment 303 #

Proposal for a recommendation
Recommendation 9

9. The provisions of Recommendations 6 and 7 shall not apply to companies and employees covered by an agreement concluded at the relevant level and with the relevant parties on the procedures and mechanism for preparing,agreements reached between companies and employees' representatives with a view to managing in a socially responsible way and minimising internal social costs of restructuring operations shall be respected.

Amendment 304 #

Proposal for a recommendation
Recommendation 9

9. The provisions of Recommendations 6, 7 and 78 do not apply to companies and employees covered by an agreement concluded at the relevant level and with the relevant parties on the procedures and mechanism for preparing, managing in a socially responsible way and minimising internal social costs of restructuring operations.

Amendment 305 #

Proposal for a recommendation
Recommendation 9

Amendment 306 #

Proposal for a recommendation
Recommendation 9 a (new)

9a. Companies and their employees' representatives should, where appropriate, negotiate collective agreements to cover the issues arising from the proposed restructuring.

Amendment 307 #

Proposal for a recommendation
Recommendation 10 Title

Minimising external economic ~~and soci~~, social and environmental impacts

Amendment 308 #

Proposal for a recommendation
Recommendation 10, paragraph 1

1. When a restructuring operation ~~has major local effects, companies shall seek to develop complementarities and synergies between~~is being contemplated the company should actively engage with its employees and their prep~~aratory action and the actions of the all the ot~~resentatives, and with the public authorities where a~~ctors, with a view to~~ppropriate, to discuss ways of 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~~those who may be made redundant.

Amendment 309 #

Proposal for a recommendation
Recommendation 10, paragraph 1

Amendment 310 #

Proposal for a recommendation
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 soci~~, social and environmental re- conversion and to developing new sustainable economic activities generating ~~jobs~~quality jobs in an environmentally friendly way.

Amendment 311 #

Proposal for a recommendation
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 312 #

Proposal for a recommendation
Recommendation 10, paragraph 1 a (new)

1a. For the purpose of paragraph 1, companies inform the regional or local authorities and other relevant actors of the measures being prepared in accordance with recommendation 8. They shall participate and/or contribute to any task-force or network established at regional or sectoral level to minimise the impact of the operation.

Amendment 313 #

Proposal for a recommendation
Recommendation 10, paragraph 1 b (new)

1b. Insofar as this proves to be necessary and in accordance with national or regional requirements, companies design and implement plans aimed at rehabilitating and/or reallocating industrial sites likely to be abandoned, as an environment measure, as a means to attract new activities and a way to absorb a proportion of the jobs to be lost.

Amendment 314 #

Proposal for a recommendation
Recommendation 10, paragraph 2

2. The measures referred to in Recommendation 7 shall cover, as far as possible, the employees of companies that are dependent, in particular as a result of subcontracting or a supply contract. Dependent companies and their workers shall, in any event, be informed of those measuresDependent companies and their workers should, be kept fully informed about the restructuring insofar as such information is required or useful for their own adaptation and for the management of the restructuring process within those companies.

Amendment 315 #

Proposal for a recommendation
Recommendation 10, paragraph 2

2. The measures referred to in Recommendation 7 shall cover, as far as possible, the employees of companies that are dependent, in particular as a result of subcontracting or a supply contract. Dependent companies and their workers shall, in any event, be informed of those measures insofar asmay provide greater cover for the employees of dependent companies. Dependent companies and their workers shall be informed where such information is required or useful for their own adaptation and for the management of the restructuring process within those companies.

Amendment 316 #

Proposal for a recommendation
Recommendation 10, paragraph 2

2. The measures referred to in Recommendation 78 shall cover, as far as possible, the employees of companies that are dependent by reasons of subcontracting, supply contract and others. Dependent companies and their workers are, in any case, informed of those measures insofar as such information is required or useful for their own adaptation and for the management of the restructuring process within them.

Amendment 317 #

Proposal for a recommendation
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)

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 319 #

Proposal for a recommendation
Recommendation 11, paragraph 1

~~1. Public authorities at different levels shall intervene in an anticipation and management capacity by:~~deleted

Amendment 320 #

Proposal for a recommendation
Recommendation 11, paragraph 1

1. Public authorities and employment services at different levels shall ~~interven~~contribute in an anticipation and management capacity by:

Amendment 321 #

Proposal for a recommendation
Recommendation 11, paragraph 1

1. Public authorities at different levels ~~shall~~may intervene in ~~an anticipation and management capacity by:~~proposed restructurings, with a view to alleviating their economy and social impact.

Amendment 322 #

Proposal for a recommendation
Recommendation 11, paragraph 1

1. Public authorities at different levels ~~shall~~may intervene in ~~an anticipation and management capacity~~the restructuring process by:

Amendment 323 #

Proposal for a recommendation
Recommendation 11, paragraph 1, point a

~~a) Promoting the co-ordination of the work of external stakeholders with the work developed within companies~~deleted

Amendment 324 #

Proposal for a recommendation
Recommendation 11, paragraph 1, point a

~~a) Promoting the co-ordination of the work of external stakeholders with the work developed within companies~~deleted

Amendment 325 #

Proposal for a recommendation
Recommendation 11, paragraph 1, point a

(a) Promoting ~~the~~dialogue, co-ordination ~~of the work of external stakeholders with the work developed within companie~~and collaboration with stakeholders

Amendment 326 #

Proposal for a recommendation
Recommendation 11, paragraph 1, point b

~~b) Supporting the anticipation of processes and particular restructuring operations, with a view to alleviating their economic and social impact~~deleted

Amendment 327 #

Proposal for a recommendation
Recommendation 11, paragraph 1, point b

~~b) Supporting the anticipation of processes and particular restructuring operations, with a view to alleviating their economic and social impact~~deleted

Amendment 328 #

Proposal for a recommendation
Recommendation 11, paragraph 1, point b

b) Supporting the anticipation of processes and particular restructuring operations, with a view to alleviating their economic ~~and soci~~, social and environmental impact

Amendment 329 #

Proposal for a recommendation
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 330 #

Proposal for a recommendation
Recommendation 11, paragraph 2

~~2. Public authorities shall monitor the mechanisms for long-term planning and multi-annual plans of employment and skills needs developed within companies.~~deleted

Amendment 331 #

Proposal for a recommendation
Recommendation 11, paragraph 2

2. Public authorities sh~~all monitor the mechanisms for long-term planning and multi-annual plans of employment and skills needs developed within companie~~ould engage in dialogue with companies on a regular basis about training needs and about how the public services can assist with identified training requirements.

Amendment 332 #

Proposal for a recommendation
Recommendation 11, paragraph 2

2. Public authorities ~~shall monitor~~and employment services shall assist or advice the mechanisms for long-term planning and multi-annual plans of employment and skills needs developed within companies, notably in organizing skill assessment for all employees concerned.

Amendment 333 #

Proposal for a recommendation
Recommendation 11, paragraph 2

2. Public authorities shall monitor in close co-operation with social partner organisations at the relevant level the mechanisms for long-term planning and multi-annual plans of employment and skills needs developed within companies.

Amendment 334 #

Proposal for a recommendation
Recommendation 11, paragraph 2

Amendment 335 #

Proposal for a recommendation
Recommendation 11, paragraph 3

~~3. In regions affected by structural change, public authorities shall:~~deleted

Amendment 336 #

Proposal for a recommendation
Recommendation 11, paragraph 3

3. In regions affected by structural change, public authorities shall in close co- operation with social partner organisations at the relevant level:

Amendment 337 #

Proposal for a recommendation
Recommendation 11, paragraph 3

3. In regions affected by structural change, public authorities shall in close co- operation with social partner organisations at the relevant level:

Amendment 338 #

Proposal for a recommendation
Recommendation 11, paragraph 3

3. In regions affected by structural change, public authorities sh~~all~~ould consider, as appropriate:

Amendment 339 #

Proposal for a recommendation
Recommendation 11, paragraph 3, point a

~~a) create permanent bodies, networks or observatories to monitor change processes;~~deleted

Amendment 340 #

Proposal for a recommendation
Recommendation 11, paragraph 3, point a

a) create permanent bodies, networks or observatories to monitor change processes and provide free skill assessment, in priority for employees suffering from lack of employability;

Amendment 341 #

Proposal for a recommendation
Recommendation 11, paragraph 3, point a

a) createing permanent bodies, networks or observatories to monitor change processes;

Amendment 342 #

Proposal for a recommendation
Recommendation 11, paragraph 3, point b

~~b) promote territorial employment pacts aimed at favouring employment creation and adaptation;~~deleted

Amendment 343 #

Proposal for a recommendation
Recommendation 11, paragraph 3, point b

b) promoteing territorial employment pacts aimed at favouring employment creation and adaptation;

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 345 #

Proposal for a recommendation
Recommendation 11, paragraph 3, point b

b) promote territorial employment pacts aimed at favouring employment creation and adaptation as well as decent working conditions;

Amendment 346 #

Proposal for a recommendation
Recommendation 11, paragraph 3, point b

b) promote territorial employment pacts aimed at favouring employment creation and adaptation and try to attract investment by all means;

Amendment 347 #

Proposal for a recommendation
Recommendation 11, paragraph 3, point c

~~c) promote or create mechanisms facilitating employment transitions;~~deleted

Amendment 348 #

Proposal for a recommendation
Recommendation 11, paragraph 3, point c

c) promoteing or create mechanisms facilitating employment transitions;

Amendment 349 #

Proposal for a recommendation
Recommendation 11, paragraph 3, point c

c) promote or create mechanisms facilitating employment transitions, including by company networking and exchange of good practices;

Amendment 350 #

Proposal for a recommendation
Recommendation 11, paragraph 3, point d

d~~) implement training actions benefiting small and medium-sized companies and their employees and support dialogue and co-operation between these and large companies;~~eleted

Amendment 351 #

Proposal for a recommendation
Recommendation 11, paragraph 3, point d

d) implementing training actions benefiting small and medium-sized companies and their employees and support dialogue and co-operation between these and large companies;

Amendment 352 #

Proposal for a recommendation
Recommendation 11, paragraph 3, point e

~~e) favour regional employment and economic and social re-conversion.~~deleted

Amendment 353 #

Proposal for a recommendation
Recommendation 11, paragraph 3, point e

e) favouring regional employment and economic and social re-conversion.

Amendment 354 #

Proposal for a recommendation
Recommendation 11, paragraph 3, point e

(e) create permanent bodies, networks or observatories to ~~monitor~~anticipate change processes;

Amendment 355 #

Proposal for a recommendation
Recommendation 11, paragraph 3, point e

e) favour regional employment and economic ~~and soci~~, social and environmental re- conversion.

Amendment 356 #

Proposal for a recommendation
Recommendation 11, paragraph 3, point e a (new)

e a) encourage possibilities for technological innovations, particularly in connection with reducing carbon emissions.

Amendment 357 #

Proposal for a recommendation
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.

Amendment 358 #

Proposal for a recommendation
Recommendation 12, paragraph 1

1. Without prejudice to the obligations of companies resulting from Union law, 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.

Amendment 359 #

Proposal for a recommendation
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 360 #

1. Without prejudice to ~~the~~companies' obligations ~~of companies~~ resulting from national laws and/or practices, public authorities shall ~~co- finance~~provide financial support and other assistance resources to employability measures ~~that~~ favouring employees of companies undergoing restructuring, insofar as this type of support is necessary or appropriate for allowing them to ~~quickly~~ re-enter quickly the labour market.

Amendment 361 #

Proposal for a recommendation
Recommendation 12, paragraph 1

1. Without prejudice to the obligations of companies resulting from national laws or practices, public authorities sh~~all co-~~ ould, where possible and subject to national budgetary constraints, 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.

Amendment 362 #

Proposal for a recommendation
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 363 #

Proposal for a recommendation
Recommendation 12, paragraph 2

2. In accordance with the rules governing them, European Union Funds, and in particular ERDF, ESF and EGF funds, may be used in supporting integrated action to ~~anticipate and to prepare for restructuring, as well as to help employers to adapt to change for the purposes of paragraphs 1 and 2~~help employers during a restructuring operation.

Amendment 364 #

Proposal for a recommendation
Recommendation 12, paragraph 2

2. In accordance with the rules governing them, European Union Funds, and in particular ERDF, ESF and EGF funds, may be used in supporting ~~integrated action to anticipate and to prepare for~~ restructuring, as well as to help employers to adapt to change ~~for the purposes of paragraphs 1 and 2~~.

Amendment 365 #

Proposal for a recommendation
Recommendation 12, paragraph 2

2. In accordance with the rules governing them, European Union Funds, and in particular ERDF~~, ESF~~ and EGSF funds, may be used in supporting integrated action to anticipate and to prepare for restructuring, as well as to help employers to adapt to change for the purposes of paragraphs 1 and 2.

Amendment 366 #

Proposal for a recommendation
Recommendation 12, paragraph 2 a (new)

2a. Without replacing any obligations of Member States or employers resulting from Union law, national laws or practices, in accordance with the rules governing it, the EGF fund may be used to provide financial support for the rapid reintegration of redundant workers into employment.

Amendment 367 #

Proposal for a recommendation
Recommendation 13

Member States shall designate the public authorities, at national, regional or local level that are responsible for the purposes of the ~~Directive~~Recommendation.

Amendment 368 #

Proposal for a recommendation
Recommendation 13

Member States shall designate the public authorities, at national, regional or local level that are responsible for the purposes of th~~e Dire~~is Code of Practivce.

Amendment 369 #

Proposal for a recommendation
Recommendation 14, Title

~~FOLLOW-UP, EVALUATION AND REPORTING OF~~LEARNING FROM RESTRUCTURING ~~PROCESSE~~S

Amendment 370 #

Proposal for a recommendation
Recommendation 14, Title

~~FOLLOW-UP, EVALUATION AND REPORTING OF RESTRUCTURING PROCESSES~~ON-GOING DIALOGUE

Amendment 371 #

Proposal for a recommendation
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.deleted

Amendment 372 #

Proposal for a recommendation
Recommendation 14, paragraph 1

1. Companies shall ~~monitor, on a permanent basis, in co-operation with external bodies and authorities, the psycho-social health~~do everything possible to ensure the health and safety of their workers, making particular efforts to anticipate any dangers they may face and alleviate negative impacts ofn employees affected by restructuring processes, both redundant employees and those staying in the company.

Amendment 373 #

Proposal for a recommendation
Recommendation 14, paragraph 1

1. Companies shall ~~monitor~~try to develop knowledge, 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, in a spirit of prevention.

Amendment 374 #

Proposal for a recommendation
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 375 #

Proposal for a recommendation
Recommendation 14, paragraph 1

1. ~~Companie~~Employers 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.

Amendment 376 #

Proposal for a recommendation
Recommendation 14, paragraph 2

2. Companies sh~~all create tools for the regular evaluation and reporting on their restructuring practices, in co-operation with employees' representatives and the external organisations involved in that proces~~ould engage in an on- going dialogue with their employees and their representatives about the consequences of restructurings so as to learn from experience and to assist in the development of "best practice" policies and processes to assist with possible future restructurings.

Amendment 377 #

Proposal for a recommendation
Recommendation 14, paragraph 2

2. Companies shall ~~create tools for the regular~~make effective use of existing tools, while at the same time encouraging their improvement,, for the evaluation and reporting on their restructuring practices, as necessary, in co- operation with employees' representatives ~~and the external organisations involved in that process.~~

Amendment 378 #

Proposal for a recommendation
Recommendation 14, paragraph 2

2. ~~Companies shall~~Employers create tools of~~or the~~ regular evaluation and reporting on ~~their restructuring practices~~its practices of restructuring, in particular the impact on health and safety and gender equality, in co-operation with employees' representatives and the external organisations involved in that process.

Amendment 379 #

Proposal for a recommendation
Recommendation 14, paragraph 2

2. Companies shall create tools for the regular evaluation and reporting on their restructuring practices, in co-operation with employees' representatives and when appropriate, with the external organisations involved in that process.

Amendment 380 #

Proposal for a recommendation
Recommendation 14, paragraph 2 a (new)

2a. The Commission shall set up a specific coherent and consistent statistical system of information on restructuring operations addressed to implement a shared common definition on what situations qualify and makes a restructuring operation, the relevant causes and effects in order to measure the outcomes. Member States shall cooperate in this system by providing statistical information on restructuring operation, according to agreed technical specifications. In the meanwhile, the competent public authorities should ensure that the reporting requirements on the number and type of workers notified of dismissal according to the Collective Redundancies Directive should be collected and compiled at the national level.

Amendment 381 #

Proposal for a recommendation
Recommendation 14, paragraph 2 a (new)

2a. The competent public authorities should ensure that the reporting requirements on the number and type of workers notified of dismissal according to the Collective Redundancies Directive are collected and compiled at the national level.

Amendment 382 #

Proposal for a recommendation
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 383 #

Proposal for a recommendation
Recommendation 14 a (new) (to be introduced as the First Recommendation in Section VI MISCELLANEOUS PROVISIONS)

Minimum requirements 1. 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. 2. The implementation of this Directive shall under no circumstances constitute grounds for justifying a reduction in the general level of protection of workers in the fields covered by this Directive.

Amendment 384 #

Proposal for a recommendation
Recommendation 15, paragraph 1

1. Member States shall provide that employees' representatives and any other persons who accede to information which has been provided to them expressly as a result of this Directive are not authorised to reveal it if it has been delivered on a confidential basis.deleted

Amendment 385 #

Proposal for a recommendation
Recommendation 15, paragraph 1

1. Member States shall provide that employees' representatives and any other persons who accede to information which has been provided to them expressly as a result of this ~~Directive~~Recommendation are not authorised to reveal it if it has been delivered on a confidential basis.

Amendment 386 #

Proposal for a recommendation
Recommendation 15, paragraph 1

1. Member States shall provide that employees' representatives and any other person who accedes to information which has expressly been provided to them as a result of the Directive are not authorised to reveal it if it has been delivered on a confidential basis, according to national law and practice.

Amendment 387 #

Proposal for a recommendation
Recommendation 15, paragraph 2

2. Each Member State shall provide, in specific cases and subject to the conditions and limitations laid down by national legislation, that companies are not obliged to transmit information when its nature is such that, according to objective criteria, it would seriously harm their functioning or would be prejudicial to them.deleted

Amendment 388 #

Proposal for a recommendation
Recommendation 15, paragraph 2

Amendment 389 #

Proposal for a recommendation
Recommendation 15, paragraph 2

Amendment 390 #

Proposal for a recommendation
Recommendation 15, conclusion part

~~A Member State may provide that such dispensation is to be subject to prior administrative or judicial authorisation.~~deleted

Amendment 391 #

Proposal for a recommendation
Recommendation 15, conclusion part

~~A Member State may provide that such dispensation is to be subject to prior administrative or judicial authorisation.~~deleted

Amendment 392 #

Proposal for a recommendation
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)

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 394 #

Proposal for a recommendation
Recommendation 16, Title

~~Compliance with the Directiv~~Publicising this Code

Amendment 395 #

Proposal for a recommendation
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 adequate administrative or judicial procedures are available to enable the obligations deriving from the Directive to be enforced.Deleted

Amendment 396 #

Proposal for a recommendation
Recommendation 16, paragraph 1

1. Member States shall ~~provide for~~take such measures as are appropriate ~~measures~~ to bring th~~e event of failure to comply with the Directive; in particular, they shall ensure that adequate admi~~is Code to the attention of their national social partners' organistrati~~ve or judicial procedures are available to enable the obligations deriving from the Directive to be enforced~~ons who, in turn, should be encouraged to publicise it widely among their members.

Amendment 397 #

Proposal for a recommendation
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 p~~rocedures are available~~enalties 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 398 #

Proposal for a recommendation
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 adequate penalties and administrative or judicial procedures are available to enable the obligations deriving from the Directive to be enforced.

Amendment 399 #

Proposal for a recommendation
Recommendation 16, paragraph 1

Amendment 400 #

Proposal for a recommendation
Recommendation 16, paragraph 2

Amendment 401 #

Proposal for a recommendation
Recommendation 16, paragraph 2

Amendment 402 #

Proposal for a recommendation
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 403 #

2. Member States shall provide that ~~companies that~~employers who do not comply with the provisions resulting from the Directive shall repay any funding received over a period of 10 years and shall not benefit from any funding in provenance of European Union budget in the five-year period following a judicial decision recognising the breach.

Amendment 404 #

Proposal for a recommendation
Recommendation 16, paragraph 2

2. Member States shall provide that ~~companie~~employers 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- years period following a judicial decision recognising the breach.

Amendment 405 #

Proposal for a recommendation
Recommendation 16, paragraph 2

2. Member States shall provide that ~~companie~~employers that do not comply with the provisions resulting from the Directive shall refund and not benefit from any funding in provenance of European Union budget in the five-year period following a judicial decision recognising the breach.

Amendment 406 #

Proposal for a recommendation
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. Member States will also ensure that the public authorities and all bodies depending on its own authority, provide the assistance or advice which is required from them in order to ease and facilitate a smooth process of restructuring, in order to minimize the impact.

Amendment 407 #

Proposal for a recommendation
Recommendation 16, paragraph 2a (new)

2a. Sanctions shall be proportionate, dissuasive and effective.

Amendment 408 #

Proposal for a recommendation
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.~~Deleted

Amendment 409 #

Proposal for a recommendation
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.~~deleted

Amendment 410 #

Proposal for a recommendation
Recommendation 16, paragraph 3

3. Member States shall exclude from the benefit of public aids and contracts from the national budgets during the same period ~~the companies~~employers who are in the situation referred to in paragraph 2.

Amendment 411 #

Proposal for a recommendation
Recommendation 16, paragraph 3

Amendment 412 #

Proposal for a recommendation
Recommendation 16, paragraph 3

3. Member States shall exclude ~~from the benefit of public aids~~the companies referred to in paragraph 2 from the benefit of public aids and contractual relationships funded from the national budgets during the same period ~~the companies referred to in paragraph 2~~.

Amendment 413 #

Proposal for a recommendation
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.

Amendment 414 #

Proposal for a recommendation
Recommendation 16, paragraph 3 a (new)

3a. No measures linked to the planned restructuring may be taken by the management of the undertaking or group of undertakings as long as the consultation and discussions with employees' representatives have not been properly carried out. Member States shall ensure that interim legal protection measures may be taken.

Amendment 415 #

Proposal for a recommendation
Recommendation 16, paragraph 4

4. Notwithstanding paragraphs 2 and 3, nothing shall preclude the use of funds from the general budget of the European Union and from national budgets for the direct benefit of the employees of the companies referred to in those paragraphs.Deleted

Amendment 416 #

Proposal for a recommendation
Recommendation 16, paragraph 4

Amendment 417 #

Proposal for a recommendation
Recommendation 16, paragraph 4

Amendment 418 #

Proposal for a recommendation
Recommendation 16, paragraph 4

Amendment 79 #

Jelko KACIN, Nadja HIRSCH, Verónica LOPE FONTAGNÉ

Proposal for a recommendation
Recommendation 1

–- having regard to the Treaty on the Functioning of the European Union, and in particular to Article 1573(~~1)(e~~2) and (3) thereof,

Amendment 80 #

Proposal for a recommendation
Recommendation 1 Recital 1

(1) When dealing with ~~anticipation, preparation and~~ management of restructuring, companies, workers' representatives and the ~~other stakeholder~~public authorities act in a spirit of cooperation, based on timely and comprehensive information and consultation, as required by existing European Union laws such as the Collective Redundancies, Transfer of Undertakings, Framework Information and Consultation and the European Works Councils Directives.

Amendment 81 #

Proposal for a recommendation
Recommendation 1 Recital 1

(1) When dealing with anticipation, preparation and management of restructuring, companies, workers' representatives and the other stakeholders, each in their respective capacity and competence, and at a moment which corresponds to their different responsibilities, act in a spirit of cooperation, based on timely and comprehensive information and consultation.

Amendment 82 #

Proposal for a recommendation
Recommendation 1 Recital 1

(1) When dealing with anticipation, preparation and management of restructuring, companies, workers' representatives and the other stakeholders act in a spirit of cooperation, based on timely and comprehensive information and consultation by recognizing that these processes aim to protect at the same time the interests of companies as regards competitiveness and sustainability and those of their workers.

Amendment 83 #

Proposal for a recommendation
Recommendation 1 Recital 1

(1) When dealing with anticipation, preparation and management of restructuring, ~~companie~~employers, workers' representatives and the other stakeholders act in a spirit of cooperation, based on timely and comprehensive information and consultation.

Amendment 84 #

Proposal for a recommendation
Recommendation 1 Recital 1 a (new)

(1a) Economically successful and socially responsible restructuring requires integrating it into a long-term strategy aiming at ensuring and strengthening the long-term sustainability and competitiveness of the company. It also requires putting human resources at the heart of companies' strategic development.

Amendment 85 #

Proposal for a recommendation
Recommendation 1 Recital 2

(2) Anticipation, preparation and management of change must take place in the context of strengthening social dialogue and with a view to promoting change in a manner compatible with the presentation of the priority objective of employment.deleted

Amendment 86 #

Proposal for a recommendation
Recommendation 1 Recital 2

(2) Anticipation, preparation and management of change must take place in the context of strengthening social dialogue and with a view to promoting change in a manner compatible with the preservation of the priority objectives of competitiveness and employment.

Amendment 87 #

Proposal for a recommendation
Recommendation 1 Recital 2

(2) Anticipation, preparation and management of change must take place in the context of strengthening social dialogue and with a view to promoting change in a manner compatible with the presentrvation of the priority objectives of employment and health of workers.

Amendment 88 #

Proposal for a recommendation
Recommendation 1 Recital 3

~~(3) There is a need to envisage, promote and enhance anticipatory measures concerning the company situation and likely development of employment, in particular where employment may be under threat.~~deleted

Amendment 89 #

Proposal for a recommendation
Recommendation 1 Recital 3

(3) There is a need to envisage, promote and enhance ~~anticipatory~~ measures concerning the company situation and likely development of employment, in particular where employment may be under threat.

Amendment 90 #

Proposal for a recommendation
Recommendation 1 Recital 3

(3) There is a need to envisage, promote and enhance anticipatory measures concerning the company situation and likely development of employment and working conditions, in particular where ~~employment~~these may be under threat.

Amendment 91 #

Proposal for a recommendation
Recommendation 1, Recital 4

(4) Restructuring is facilitated and its impact softened when companies develop on a permanent basis the skills and competences of their workers, thereby boosting their own ability to adapt, making their workers more employable and fostering their internal and external mobility.

Amendment 92 #

Proposal for a recommendation
Recommendation 1, Recital 4

(4) Restructuring is facilitated and its impact softened when companies develop on a regular or permanent basis the skills and competences of their workers.

Amendment 93 #

Proposal for a recommendation
Recommendation 1, Recital 4 a (new)

(4a) Adaptable companies and resilient workforces develop, in cooperation with workers' representatives, the regional and local authorities and other relevant organisations, mechanisms of anticipation and of forward planning of employment and skills needs. They recognise the right for every worker to benefit from appropriate training. Workers recognise that education and lifelong learning are necessary to strengthen their employability.

Amendment 94 #

Proposal for a recommendation
Recommendation 1, Recital 4 a (new)

(4a) Restructuring processes impact beyond the perimeter of a single company, as companies increasingly work in networks, which intensifies the need to set up multipartite forums for debate on social issues.

Amendment 95 #

Proposal for a recommendation
Recommendation 1, Recital 5

(5) Good restructuring practices require preparation as early as possible and starting as soon as the need to restructure is ~~envisag~~contemplated, making it possible to avoid or to reduce to a minimum its economic, social and territorial impact.

Amendment 96 #

Proposal for a recommendation
Recommendation 1, Recital 5

(5) Good restructuring practices require preparation as early as possible and starting as soon as the need to restructure is envisaged, making it possible to avoid or to reduce to a minimum its economic, social, environmental and territorial impact.

Amendment 97 #

Proposal for a recommendation
Recommendation 1, Recital 6

~~(6) It is a widely recognised that any restructuring operation should be subject to an explanation and of justification to the stakeholders.~~deleted

Amendment 98 #

Proposal for a recommendation
Recommendation 1, Recital 6

(6) It is a widely recognised that ~~any~~larger-scale restructuring operations that are liable to have a significant impact should be subject to an explanation and of justification to the stakeholders,.

Amendment 99 #