Awaiting committee decision
2015/2222(INI) Workers’ representation on the supervisory or administrative bodies of undertakings in Europe
Lead committee dossier: EMPL/8/03785
Legal Basis RoP 052
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | EMPL | HÄNDEL Thomas (GUE/NGL) | VANDENKENDELAERE Tom (EPP), MARTIN Edouard (S&D), BASHIR Amjad (ECR), CALVET CHAMBON Enrique (ALDE), REINTKE Terry (Verts/ALE), AGEA Laura (EFD), MARTIN Dominique (ENF) |
| Opinion | FEMM | DĂNCILĂ Viorica (S&D) | |
| Opinion | JURI | GASBARRA Enrico (S&D) |
Legal Basis RoP 052
Activites
-
2015/09/10
Committee referral announced in Parliament, 1st reading/single reading
Documents
| Amendments | Dossier |
| 403 |
2015/2222(INI)
2016/02/25
FEMM
61 amendments...
Amendment 1 #
Draft opinion Recital A A. whereas gender equality
Amendment 10 #
Draft opinion Recital A b (new) Ab. whereas the number of women in corporate boardrooms is currently slowing rising, but the situation between Member States differs and a broad consensus among the Member States exists in favour of taking measures to improve the gender balance on company boards;
Amendment 11 #
Draft opinion Recital A b (new) Ab. whereas this principle should, for reasons of consistency, also apply in the governing bodies of trade unions;
Amendment 12 #
Draft opinion Recital A b (new) Ab. whereas a balance between women and men in worker representation on boards can help to improve working life and private life, in particular for women workers;
Amendment 13 #
Draft opinion Recital A c (new) Ac. whereas over 51% of the EU´s population is female; whereas their needs and rights should be appropriately represented and supported;
Amendment 14 #
Draft opinion Recital A c (new) Ac. whereas studies show that the presence of workers’ representation is associated with a gender pay gap that is smaller than in establishments without the workers' representation as the workers representatives may use its negotiating power to positively influence women's salaries or job performance processes;
Amendment 15 #
Draft opinion Recital A c (new) Ac. whereas equal participation of women and men in decision-making processes is a matter of justice and is therefore necessary in order better to reflect the composition of the workforce in companies;
Amendment 16 #
Draft opinion Recital A d (new) Ad. whereas traditional gender roles and stereotypes continue to have a strong influence on the division of labour and related to labour rights between women and men;
Amendment 17 #
Draft opinion Recital A d (new) Ad. whereas one of the objectives of the Beijing Platform is to ensure equal access and full participation of women in decision-making processes;
Amendment 18 #
Draft opinion Recital A e (new) Ae. whereas women are under- represented in positions of responsibility in all fields;
Amendment 19 #
Draft opinion Recital A e (new) Ae. whereas true women's empowerment should be achieved exclusively by recognising women's merit and not by adopting mandatory quotas which require the presence of women regardless of their ability;
Amendment 2 #
Draft opinion Recital A A. whereas equality between women and men is a founding principle of the European Union, enshrined in the Treaty on European Union and is ranked among its objectives and tasks, and whereas gender equality and diversity in
Amendment 20 #
Draft opinion Recital A f (new) Af. whereas freedom of association and representation, as well as the right to information and consultation are fundamental rights and as such must be respected, protected and supported;
Amendment 21 #
Draft opinion Recital A g (new) Ag. whereas workers must be closely and permanently involved in decision-making at all levels of the company;
Amendment 22 #
Draft opinion Recital A h (new) Ah. whereas legal regulation governing workers representation on boards varies and is quite diverse across EU; whereas there are Member-States that have not proceeded in agreeing the legitimacy of employee representation on board level;
Amendment 23 #
Draft opinion Recital A i (new) Ai. whereas gender imbalance on corporate boards remains an important challenge for all EU Member-States, constituting an untapped potential of skilled workers, especially women;
Amendment 24 #
Draft opinion Recital A j (new) Aj. whereas there is no proper ratio between the percentage of women members of trade unions in Europe and the number of women serving on decision-making bodies or holding executive posts;
Amendment 25 #
Draft opinion Recital A k (new) Ak. whereas, workers representation is crucial in collective bargaining; whereas, collective bargaining and representation of workers, including representation on boards, should take into account gender equality; whereas, collective bargaining should address the needs and rights of women workers, such as the right to maternity leave; whereas, in order for participation on boards and for collective bargaining and protection or labour rights to be gender balanced and more effectively applied, women negotiators must take part and express women´s views;
Amendment 26 #
Draft opinion Recital A l (new) Al. whereas women face persistent difficulties to reconcile family and personal responsibilities with work;
Amendment 27 #
Draft opinion Recital A m (new) Am. whereas, independent structures established by employees' and employers' organisations, including workers´ representation on boards, must not isolate women from the decision-making process but, on the contrary, integrate them in that process;
Amendment 28 #
Draft opinion Paragraph -1 (new) -1. Calls on the Commission to improve the EU company law framework so as to ensure that every company is required not only to respect existing workers' representation at board level but also to adopt the highest level of participation; calls on the Commission to safeguard pre- existing national rights in companies by closing loopholes in the SE Directive1 and the SUP proposal2a ; __________________ 1a Council Directive 2001/86/EC supplementing the Statute for a European company with regard to the involvement of employees 2a Proposal for a Directive on single-member private limited liability companies
Amendment 29 #
Draft opinion Paragraph 1 Amendment 3 #
Draft opinion Recital A a (new) Aa. whereas the European Parliament in its legislative resolution of 20 November 2013, adopted its first position on the proposal for a directive on improving the gender balance among non-executive directors of companies listed on stock exchanges and related measures (so- called "Women on Boards"), which intends to enhance women's participation in economic decision making processes;
Amendment 30 #
Draft opinion Paragraph 1 1. Calls on
Amendment 31 #
Draft opinion Paragraph 1 1. Calls on all the Members States to introduce
Amendment 32 #
Draft opinion Paragraph 1 1. Calls on the Commission and on all the Members States to
Amendment 33 #
Draft opinion Paragraph 1 1. Calls on all the Members States to introduce legislative measures requiring quotas in order to increase gender balance in the governing bodies of trade unions and worker representation at board level; calls for a monitoring system to be put in place and any non-compliance with quota requirements to result in sanctions consistent with national company laws;
Amendment 34 #
Draft opinion Paragraph 1 1. Calls on all the Members States to implement the concept of workers' representation at board level and introduce legislative measures requiring quotas in order to increase gender balance in worker representation at board level; calls for a monitoring system to be put in place and any non-compliance with quota requirements to result in sanctions consistent with national company laws;
Amendment 35 #
Draft opinion Paragraph 1 1. Points out that gender inequalities remain despite the increasing participation of women in the labour market; believes that, gender balance, especially in regards to the representation on board level, will not change without legally endorsed objectives; Calls on all the Members States to introduce legislative measures requiring quotas in order to increase gender balance in worker representation
Amendment 36 #
Draft opinion Paragraph 1 a (new) 1a. Recommends, in addition to punitive measures, proposing and developing awareness-raising and training for trade unions on the benefits of equality in the decision-making processes of companies and organisations; also encourages reporting on best practices to achieve the goal of equality in these areas and to benefit from the associated advantages;
Amendment 37 #
Draft opinion Paragraph 1 a (new) 1a. Calls on the Commission, the Member States and the social partners to promote gender equality in workers' representation at board level and to closely monitor and follow up the progress made;
Amendment 38 #
Draft opinion Paragraph 1 a (new) 1a. Stresses the need for the Member- States to put in place affirmative policies in order to ensure gender balanced representation of workers, especially women on board level and decision- making procedures; calls for the Member- States to design and implement work-life balance policies tailored to the needs of workers, especially for women, for the disabled, for migrants, for single-parental families and for other vulnerable groups of workers;
Amendment 39 #
Draft opinion Paragraph 1 a (new) 1a. Calls on all the Member States to ensure that listed companies should develop a gender policy in order to attain a more balanced gender representation throughout the companies; highlights that such policy may include a description of the relevant measures implemented in a company, such as nominating both a female and a male candidate for key positions, mentoring schemes and career development guidance for women, and human resource strategies to encourage diverse recruitment; encourages the offering of flexible working conditions for all employees, for example assistance for parental leave, as well as providing assistance for housework and childcare while recognizing that each company may select the policies best suited to its activities and should take active measures to increase the proportion of the under- represented gender in the management of the company;
Amendment 4 #
Draft opinion Recital A a (new) Aa. whereas only 21% of European listed companies guarantee workers' representation at board level and there are still 10 Member States with no or very limited participation rights; whereas workers' participation strengthens European democracy and decision- making in diversity in practice, and whereas female workers' participation is one of the key elements that enhances productivity and economic growth;
Amendment 40 #
Draft opinion Paragraph 1 b (new) 1b. Invites the Member States to identify ways to increase the representation of women in corporate boardrooms including amongst worker representation by initiating a dialogue, not limited to the issue of quotas, with the boards of large companies and with the social partners, which could take place annually;
Amendment 41 #
Draft opinion Paragraph 1 c (new) 1c. Invites all Member States to introduce measures in order to encourage career progression of women at all levels through positive actions such as networking and mentoring programmes in order to achieve gender equality in the workplace; underlines that there must be a gender balanced model of decision- making at all levels within the company while it is also ensured that the gender pay gap which contributes significantly to the feminisation of poverty is eliminated;
Amendment 42 #
Draft opinion Paragraph 2 Amendment 43 #
Draft opinion Paragraph 2 2. Takes the view, furthermore, that best practices to promote gender balance in worker representation at board level should be encouraged – such as voluntary initiatives
Amendment 44 #
Draft opinion Paragraph 2 2. Takes the view, furthermore, that best practices to promote gender balance in worker representation in the governing bodies of trade unions and at board level should be encouraged – such as voluntary initiatives that influence organisations from within, ranging from effective corporate governance codes resulting in transparency, accountability and peer pressure to the implementation of the ‘comply or explain’ rule obliging companies to clarify why gender balance is lacking;
Amendment 45 #
Draft opinion Paragraph 2 2. Takes the view, furthermore, that best practices to promote gender balance in worker representation at board level should be encouraged – such as voluntary initiatives that influence organisations from within, ranging from effective corporate governance codes resulting in transparency, accountability and peer pressure to the implementation of the ‘comply or explain’ rule obliging companies to clarify why gender balance is lacking; Calls for clear targets to be set for women to be included in activities or sectors, or at levels, from which they have previously been excluded and in which they are still under-represented;
Amendment 46 #
Draft opinion Paragraph 2 a (new) 2a. Invites the Member States and the Commission to implement new policies to enable more women to become involved in managing companies, in particular by: – initiating a dialogue, not limited to the issue of quotas, with the boards of large companies and with the social partners about ways of increasing female representation, which could take place annually; – supporting initiatives to assess and promote male-female equality on recruitment committees and in other areas, e.g. with regard to wage differentials, job classification, training and career patterns; developing training on gender equality and non- discrimination;
Amendment 47 #
Draft opinion Paragraph 2 a (new) 2a. Takes the view that the problem of unequal representation of women and men in the workplace depends primarily on a cultural and social heritage that repeats old patterns and models that penalise women and that, therefore, action needs to be taken chiefly by taking measures to raise awareness among those involved in working processes;
Amendment 48 #
Draft opinion Paragraph 2 b (new) 2b. Insists that recruitment to positions in corporate management bodies including on position of workers' representation, must be based on the competence required in the form of skills, qualifications and experience and that the principles of transparency, objectiveness, inclusiveness, effectiveness, non-discrimination and gender equality must be observed in corporate recruitment policies;
Amendment 49 #
Draft opinion Paragraph 2 b (new) 2b. Takes the view that the adoption of fixed quotas is not the optimal solution to the problem of women's representation in the workforce and that a system of rewards and incentives should, rather, be practised when giving more space to women, albeit without disregarding meritocracy;
Amendment 5 #
Draft opinion Recital A a (new) Aa. whereas equality between women and men is a fundamental principle of the EU, recognised in the Treaty on European Union and the Charter of Fundamental Rights;
Amendment 50 #
Draft opinion Paragraph 2 c (new) 2c. Encourages senior managers to raise their staffs' awareness of the career patterns of men and women and to become personally involved in career monitoring and support programmes for female executives in their companies;
Amendment 51 #
Draft opinion Paragraph 3 Amendment 52 #
Draft opinion Paragraph 3 Amendment 53 #
Draft opinion Paragraph 3 3. Invites the appointing authorities, such as trade unions, to implement
Amendment 54 #
Draft opinion Paragraph 3 a (new) 3a. Shares the view that women representation on board level and executive posts, along with high-quality paid employment for women, form the key to their economic independence and to greater equality between women and men in labour and in society as a whole;
Amendment 55 #
Draft opinion Paragraph 3 b (new) 3b. Regrets that the European Commission, despite the commitments shared, has failed to present a new Strategy for Gender Equality and Women´s rights post-2015, including a proposal for the revision of the Maternity Leave Directive, jeopardizing the rights of millions of women and their families across EU; Reminds the Commission and the Member States of the need to adopt positive measures for both women and men, notably in order to ensure work-life balance, labour rights, integration to labour market and, hence, achievement of financial independence;
Amendment 56 #
Draft opinion Paragraph 4 Amendment 57 #
Draft opinion Paragraph 4 4. Asks the Commission and the Member States to step up their capacity for collecting gender-segregated statistics about worker board-level representatives, making use of the work of the EIGE and Eurostat, in order to monitor the number of women and
Amendment 58 #
Draft opinion Paragraph 4 4. Asks the Commission and the Member States to step up their capacity for collecting gender-segregated statistics about worker board-level representatives and to analyse them in order to monitor the number of women and men in key decision-making positions so as to ensure the promotion of gender equality at board level in Europe
Amendment 59 #
Draft opinion Paragraph 4 a (new) 4a. Calls on the Commission to support the Member States in increasing the employment prospects and representation of workers on board level of disadvantaged women, such as female immigrants, women from ethnic minorities, women with disabilities, and single mothers; draws attention to the multiple discrimination affecting vulnerable groups of workers who are often under-represented, such as immigrant women on grounds of their gender, ethnic or racial origin and, in many cases, age.
Amendment 6 #
Draft opinion Recital A a (new) Aa. whereas European leaders continually emphasize the importance of balanced representation of men and women in boards, both in the private and the public sphere, and whereas it is time for European leaders to demonstrate their commitment to this;
Amendment 60 #
Draft opinion Paragraph 4 a (new) 4a. Encourages the European Institute for Gender Equality to draw up guidelines for the systematisation of data collection in the field at EU level, to cooperate with trade unions in establishing good practices in equality and in drafting training materials on the benefits of equality in organisations and decision- making bodies of companies, particularly in terms of competitiveness, improving results and labour relations.
Amendment 61 #
Draft opinion Paragraph 4 a (new) 4a. Stresses that voluntary initiatives implemented by companies in this field improve their image among the general public and their staff; encourages them to report on any activities to promote gender equality in order to help achieve the European objectives, notably by setting a good example;
Amendment 7 #
Draft opinion Recital A a (new) Aa. whereas gender parity should be ensured at all levels of these decision- making bodies;
Amendment 8 #
Draft opinion Recital A a (new) Aa. whereas the Charter of Fundamental Rights of the European Union states that 'equality between women and men must be ensured in all areas, including employment, work and pay';
Amendment 9 #
Draft opinion Recital A b (new) Ab. whereas equality between women and men has a positive impact on productivity, economic and social growth, and furthermore helps to increase female participation in the labour market;
source: 576.862
2016/03/18
JURI
60 amendments...
Amendment 1 #
Draft opinion Recital A A. whereas 18 Member States recognise forms of
Amendment 10 #
Draft opinion Paragraph 1 1. Calls on the Commission to provide a coherent framework for the political and legislative instruments of company law already in force in the field of workers’
Amendment 11 #
Draft opinion Paragraph 1 1. Calls on the Commission to provide a
Amendment 12 #
Draft opinion Paragraph 1 1. Calls on the Commission to provide a coherent framework for the political and legislative instruments of company law already in force in the field of
Amendment 13 #
Draft opinion Paragraph 1 a (new) 1a. Calls on the Commission and the Council, in the event of new legislative acts, particularly in the area of European company law, to determine and publicise the impact on European and national forms of workers participation through an appropriate impact assessment procedure and take appropriate measures to counter any adverse consequences;
Amendment 14 #
Draft opinion Paragraph 2 2.
Amendment 15 #
Draft opinion Paragraph 2 2. Underlines the importance of recent EU legal instruments regulating the participation of workers, in particular Council Directive 2001/86/EC of 8 October 2001 supplementing the Statute for a European company with regard to the involvement of employees1, Council Directive 2003/72/EC of 22 July 2003 supplementing the Statute for a European Cooperative Society with regard to the involvement of employees2, and Directive 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on cross-border mergers of limited liability companies3, and calls on the Commission to submit a proposal with a view to revising Directive 2004/25/EC of the European Parliament and the Council of 21 April 2004 on takeover bids3a, to ensure that the workers of a bidding company are also consulted, rather than just those of the company subject to the takeover bid; __________________ 1 OJ L 294, 10.11.2001, p. 22. 2 OJ L 207, 18.8.2003, p. 25. 3 OJ L 310, 25.11.2005, p. 1. 3a OJ L 142, 30.4.2004, p. 12.
Amendment 16 #
Draft opinion Paragraph 2 2. Underlines the importance of recent EU
Amendment 17 #
Draft opinion Paragraph 2 2. Underlines the importance of implementing recent EU legal instruments regulating the participation of
Amendment 18 #
Draft opinion Paragraph 3 Amendment 19 #
Draft opinion Paragraph 3 Amendment 2 #
Draft opinion Recital A A. whereas 18 Member States and Norway recognise forms of participation, consultation and information of workers at company level in different forms depending on their economic and social historical development;
Amendment 20 #
Draft opinion Paragraph 3 3. Is worried about the impact that the proposal for a directive on single-member private limited liability companies could have on workers’ rights, in particular workers’ representation; therefore calls on the Commission to withdraw the proposal for a directive on single- member private limited liability companies;
Amendment 21 #
Draft opinion Paragraph 3 3.
Amendment 22 #
Draft opinion Paragraph 3 a (new) 3a. Expresses concern at the fact that the European Company Statute allows companies, according to studies conducted in this field, to elude or avoid the granting of national rights to employees in respect of managerial level participation;
Amendment 23 #
Draft opinion Paragraph 3 a (new) 3a. Notes that labour law, workers participation in the management or supervisory bodies of the companies, the right to information and consultation, taxation accounting and insolvency proceedings are all outside the scope of the Commission proposal for a directive on single-member private limited liability companies;
Amendment 24 #
Draft opinion Paragraph 3 a (new) 3a. Calls on the Commission to submit a proposal on the crossborder transfer of seats, the so called "14th Company Law Directive" as requested by the Committee on Legal Affairs in 2012;
Amendment 25 #
Draft opinion Paragraph 3 b (new) 3b. Welcomes the Commission Communication on the Action Plan on European company law and corporate governance - a modern legal framework for more engaged shareholders and sustainable companies (2012), in which it places emphasis on employees' participation in capital, believing that 'employees’ interest in the sustainability of their company is an element that ought to be considered in the design of any well- functioning governance framework. Employees' involvement in the affairs of a company may take the form of information, consultation and participation in the board' to the extent that employees consider this to be beneficial to their company;
Amendment 26 #
Draft opinion Paragraph 3 c (new) 3c. Encourages employers to allow employees to participate on company boards or within the framework of other management bodies;
Amendment 27 #
Draft opinion Paragraph 3 d (new) 3d. Points out that there are two types of systems in the EU: the unitary and the dual, under which there can exist, within companies, both a management council and a supervisory council. Encourages employers, in this context, to allow employees to participate on the supervisory council;
Amendment 28 #
Draft opinion Paragraph 3 e (new) 3e. Should no employees be participating on a company board or another form of management body, employers shall inform them on the matters discussed that are liable to affect their rights and interest;
Amendment 29 #
Draft opinion Paragraph 4 4. Calls on the Commission to
Amendment 3 #
Draft opinion Recital A A. whereas 18 Member States recognise forms of participation, consultation and information of
Amendment 30 #
Draft opinion Paragraph 4 4. Calls on the Commission to consider making a proposal on how to introduce
Amendment 31 #
Draft opinion Paragraph 4 4. Calls on the Commission to
Amendment 32 #
Draft opinion Paragraph 4 4. Calls on the Commission to consider making a proposal on how to introduce permanent forms of workers’ participation, by ensuring strong and binding common minimum standards for information, consultation and participation applicable to all forms of EU companies, while promoting different forms of board-level representation;
Amendment 33 #
Draft opinion Paragraph 4 4. Calls on the Commission to
Amendment 34 #
Draft opinion Paragraph 4 4. Calls on the Commission to consider making a proposal on how to introduce permanent forms of workers’ participation, by ensuring common minimum standards for information, consultation and participation; expresses its concern at the fact that, in some Member States, forums for conciliation between the authorities and employees have been completely abandoned and rendered meaningless;
Amendment 35 #
Draft opinion Paragraph 4 4. Calls on the Commission to consider making a proposal on how to introduce permanent forms of workers’
Amendment 36 #
Draft opinion Paragraph 4 a (new) 4a. Recommends that this standard rules should be applied to all forms of company with a supervisory board at European level, i.e. account should be taken of public and private companies, partnerships and limited companies and also workers employed in the affiliated parent and subsidiary companies;
Amendment 37 #
Draft opinion Paragraph 4 b (new) 4b. Believes that workers´ representatives on European supervisory boards should have a say in all fundamental decisions of a company and oversee the management board, without interfering in the management board´s right to manage the company; suggests that the nature and scope of decisions requiring approval should be determined in this model Directive which will set up minimum standards, which should be further developed by rules in the Member States1a; __________________ 1a e.g. Article 95 AktG, Austria
Amendment 38 #
Draft opinion Paragraph 4 c (new) 4c. Demands that this model Directive ensure that representatives of the workforce may also be from affiliated companies and, in the case of transnational companies, may also originate from another Member State and that trade union representatives may also be put forward and elected as external representatives;
Amendment 39 #
Draft opinion Paragraph 4 d (new) 4d. Calls on the Council, the Member States and the Commission to respect and protect existing national forms of workers representation at supervisory board level in the EU and to counter any attempt to use existing EU law to circumvent or abuse such arrangements;
Amendment 4 #
Draft opinion Recital B B. whereas full respect of the principle of subsidiarity
Amendment 40 #
Draft opinion Paragraph 5 5. Reaffirms the right of workers to elect their own representatives, in accordance with the national representation systems, and supports the idea of presenting gender- balanced lists of candidates; recalls that the respect of human rights by enterprises is to be assessed with due regard to the role of existing governance structures such as corporate boards, as established by the United Nations Guiding Principles on Business and Human Rights;
Amendment 41 #
Draft opinion Paragraph 5 5. Reaffirms the right of workers to elect their own representatives, in accordance with the national representation systems, and supports the idea of presenting gender- balanced lists of candidates, in which the prohibition of all forms of discrimination is implemented;
Amendment 42 #
Draft opinion Paragraph 5 5. Reaffirms the right of workers to elect their own representatives, in accordance with the national representation systems, and supports the idea of presenting gender- balanced lists of candidates, in order to create a legal environment for future legislative initiatives to enhance the gender balance in companies;
Amendment 43 #
Draft opinion Paragraph 5 5.
Amendment 44 #
Draft opinion Paragraph 5 a (new) 5a. Emphasises that employee board representatives represent the employees of the company as a whole and therefore highlights that the selection procedure of employee representatives must be democratic, legitimated and transparent;
Amendment 45 #
Draft opinion Paragraph 5 a (new) 5a. Stresses that the Commission’s review of the EU corporate governance framework must take account of the rights and duties conferred on the various company bodies under national law, and in particular the differences between unitary and dual systems;
Amendment 46 #
Draft opinion Paragraph 5 b (new) 5b. Calls on the Commission to conduct an impact assessment of the economic benefits of employees' representation with regard to a company's performance;
Amendment 47 #
Draft opinion Paragraph 6 Amendment 48 #
Draft opinion Paragraph 6 6. Calls on the Commission to define
Amendment 49 #
Draft opinion Paragraph 6 6. Calls on the Commission to define common minimum criteria for workers’ representation at board level, notably on the size of the company,
Amendment 5 #
Draft opinion Recital C C. whereas
Amendment 50 #
Draft opinion Paragraph 6 6. Calls on the Commission to define binding common minimum criteria for workers’ representation at board level, notably on the size of the company
Amendment 51 #
Draft opinion Paragraph 6 6. Calls on the Commission to define common minimum criteria for workers’ representation at board level, notably on the size of the company, on balanced gender representation, on the prohibition of discrimination and on the extension of the right to participate in public and semi- public companies;
Amendment 52 #
Draft opinion Paragraph 6 6. Calls on the Commission to define common minimum criteria for workers’ representation at board level, notably on the size of the company, on balanced gender representation, and on the extension of the right
Amendment 53 #
Draft opinion Paragraph 6 a (new) 6a. Reaffirms the necessity to create a body of workers representation in order to ensure the balance of opposite parties´ interests; furthermore calls on the Commission to introduce a co- determination scheme of mandatory quotas in relation to the size of the company: - For companies from 50 to 250 employees (also taking into account direct and indirect subsidiaries), two or three workers representatives should be part of the management; - For companies up to 1,000 employees (also taking into account direct and indirect subsidiaries), workers should be represented to the extent of one third of the board; - For large companies with more than 1,000 employees (also taking into account direct and indirect subsidiaries), a strong parity between workers and employers should be established;
Amendment 54 #
Draft opinion Paragraph 7 Amendment 55 #
Draft opinion Paragraph 7 7. Calls on the Commission to submit legislative proposals and financial instruments aimed at promoting enhanced information, participation and consultation of workers; calls on the Commission to improve EU company law to serve these core social aspects;
Amendment 56 #
Draft opinion Paragraph 7 7. Calls on the Commission to submit legislative proposals and financial instruments aimed at promoting enhanced information,
Amendment 57 #
Draft opinion Paragraph 7 7. Calls on the Commission to submit
Amendment 58 #
Draft opinion Paragraph 7 a (new) 7a. Acknowledges that board level employee representation on supervisory boards lead to democratic and inclusive corporate governance benefiting employees and employers thus leading to companies' competitive advantage;
Amendment 59 #
Draft opinion Paragraph 7 b (new) 7b. Calls on the Commission to propose legislative measures within the context of European company law, that ensure full membership of employee board level representation with the same rights and obligations for employees as the shareholder representatives, including the right to vote, to ask questions and to set the agenda; moreover, the EU-legislation should provide for an alternate employee membership with the right to participate and express opinions at the meetings of the board of directors and the Company's shareholders' meetings, notwithstanding that the ordinary members are present;
Amendment 6 #
Draft opinion Recital C C. whereas workers’ rights to representation on company boards are recognised by the primary and secondary law of the EU, in the fifth paragraph of the Preamble of the Charter of Fundamental Rights of the European Union, and in Article
Amendment 60 #
Draft opinion Paragraph 7 c (new) 7c. Calls on the Commission to propose legislative instruments that enable employee representatives good conditions to perform their duties as board members through training and compensation for expenses;
Amendment 7 #
Draft opinion Recital C C. whereas
Amendment 8 #
Draft opinion Recital C C. whereas workers’ rights to
Amendment 9 #
Draft opinion Recital C a (new) Ca. whereas the 1989 Community Charter of the Fundamental Social Rights of Workers (Social Charter) recognises workers' participation, consultation and information as fundamental social rights;
source: 578.707
2016/04/06
EMPL
282 amendments...
Amendment 1 #
Motion for a resolution Title on workers representation
Amendment 10 #
Motion for a resolution Recital A A. whereas the development of the European Union and the European social model require
Amendment 100 #
Motion for a resolution Recital P a (new) Pa. whereas an undertaking may choose any form of legal organisation of another Member State in order to avoid worker participation in the Member State in which it is actually located1a; __________________ 1a http://www.boeckler.de/pdf/p_mbf_report_ 2015_8.pdf
Amendment 101 #
Motion for a resolution Subheading 1 Worker representation
Amendment 102 #
Motion for a resolution Subheading 1 Worker representation and participation on supervisory boards – general requirements
Amendment 103 #
Motion for a resolution Paragraph 1 1.
Amendment 104 #
Motion for a resolution Paragraph 1 1. Calls on the Commission and its agencies on a regular basis and systematically to gather, evaluate and publish data and good examples relating to worker representation at
Amendment 105 #
Motion for a resolution Paragraph 1 1. Calls on the Commission and its agencies on a regular basis and systematically to gather, evaluate and publish data and
Amendment 106 #
Motion for a resolution Paragraph 1 1. Calls on the Commission and its agencies on a regular basis and systematically to gather, evaluate and publish data and good examples relating to worker representation at supervisory board level, and to monitor its overall development in the EU;
Amendment 107 #
Motion for a resolution Paragraph 1 a (new) 1a. Regrets that the Commission in its annex to the first preliminary outline of a European Pillar of Social Rights did not, under 'Social dialogue and involvement of workers', mention any of the existing forms of European worker participation at supervisory board level for which a specific legal basis is provided in Article 153(f) TFEU;
Amendment 108 #
Motion for a resolution Paragraph 1 a (new) 1a. Urges the Commission and its agencies, at the same time, to gather, update and disclose the practices adopted to circumvent legislation on worker representation, and on the independence of the latter, at supervisory board level;
Amendment 109 #
Motion for a resolution Paragraph 1 b (new) 1b. Calls on the EU agency Eurofound to take account in its 2018 work programme of studies examining the cooperation between European and national stakeholders in multinational companies: firstly, the cooperation between European Works Councils and national works councils, and secondly, the forms of cooperation between employee representatives at supervisory board level and national works councils; and thirdly, where agreements have been reached, how these agreements have been implemented in the parts of the companies located in the various Member States; account should also be taken in this project of the extent to which worker participation influences company strategy;
Amendment 11 #
Motion for a resolution Recital A A. whereas the development of the European Union and the European social model require a strengthening of democracy towards a socially just, more sustainable and inclusive society, including economic democracy;
Amendment 110 #
Motion for a resolution Paragraph 2 2. Calls on the Commission to establish permanent
Amendment 111 #
Motion for a resolution Paragraph 2 2. Calls on the Commission to
Amendment 112 #
Motion for a resolution Paragraph 2 2.
Amendment 113 #
Motion for a resolution Paragraph 2 2.
Amendment 114 #
Motion for a resolution Paragraph 2 a (new) 2a. Calls on the Commission, the Member States and the social partners to promote gender equality in workers' representation in supervisory and administrative bodies and to closely monitor and follow up the progress made;
Amendment 115 #
Motion for a resolution Paragraph 2 a (new) 2a. Underlines that, when gathering this information, the various kinds of employee participation and trade union representation in the Member States should be studied and taken into account;
Amendment 116 #
Motion for a resolution Paragraph 2 a (new) 2a. Calls on the Commission, in accordance with Article 154 TFEU, to consult social partners on the contents of any proposal on employee participation on supervisory boards in the various kinds of European companies and reiterates that social partners can inform the Commission of their willingness to engage in dialogue on this, as set out in Article 155 TFEU;
Amendment 117 #
Motion for a resolution Paragraph 2 b (new) 2b. Calls on the Commission, the Member States and the social partners to promote the participation of young workers in supervisory and administrative bodies by providing information on workers' representation and by working towards their participation proportionate to their share of the company's workforce;
Amendment 118 #
Motion for a resolution Paragraph 2 b (new) 2b. Underlines that, when gathering this information, the thresholds for the applicability of national legislation on worker participation and the economic impact of this legislation, particularly on very small businesses and SMEs, should be studied and taken into account;
Amendment 119 #
Motion for a resolution Paragraph 2 c (new) 2c. Underlines that this kind of information gathering would help merely to determine non-binding guidelines or examples of good practice and could not form all or part of legally-binding acts, and that each Member State would have full authority to decide how to use the outcome of the information gathering and these non-binding guidelines or examples of good practice, depending on the requirements of its national legislation;
Amendment 12 #
Motion for a resolution Recital A A. whereas the development of the European Union and the European social model and the preservation of a strong social market economy in the European Union require a strengthening of democracy, including economic and social democracy;
Amendment 120 #
Motion for a resolution Paragraph 3 Amendment 121 #
Motion for a resolution Paragraph 3 3.
Amendment 122 #
Motion for a resolution Paragraph 3 3. Calls on the Commission to
Amendment 123 #
Motion for a resolution Paragraph 3 3.
Amendment 124 #
Motion for a resolution Paragraph 3 3. Calls on the Commission to
Amendment 125 #
Motion for a resolution Paragraph 3 3. Calls on the Commission to ensure that provision is made for consulting employee representati
Amendment 126 #
Motion for a resolution Paragraph 3 3. Calls on the Commission to consult the European social partners on the possibility of ensur
Amendment 127 #
Motion for a resolution Paragraph 3 3. Calls on the Commission to ensure that provision is made for
Amendment 128 #
Motion for a resolution Paragraph 3 3. Calls on the Commission to ensure that provision is made for employee representation at supervisory board level in drafting all new EU legislative acts or revising existing ones in the context of European company law that aim at enhancing information, participation and consultation of workers;
Amendment 129 #
Motion for a resolution Paragraph 4 Amendment 13 #
Motion for a resolution Recital A a (new) Aa. whereas only 21% of European listed companies guarantee workers' representation on board level and there are still 10 Member States with no or very limited participation rights;
Amendment 130 #
Motion for a resolution Paragraph 4 Amendment 131 #
Motion for a resolution Paragraph 4 4. Calls on
Amendment 132 #
Motion for a resolution Paragraph 4 4. Calls on the Council, the Member States and the Commission to respect and protect existing national forms of worker representation at supervisory board level in the EU and to counter any attempt to use existing EU law to circumvent or abuse such arrangements
Amendment 133 #
Motion for a resolution Paragraph 4 4. Calls on the Council, the Member States and the Commission to respect and protect existing national forms of worker representation at supervisory board level in the EU and to counter any attempt to use existing EU law to circumvent or abuse such arrangements
Amendment 134 #
Motion for a resolution Paragraph 4 4. Calls on the Council, the Member States and the Commission to respect and protect existing national forms of worker representation at supervisory board level in the EU and to counter any attempt to use existing EU law to circumvent or abuse such arrangements
Amendment 135 #
Motion for a resolution Paragraph 4 4. Calls on the Council, the Member States and the Commission to respect and protect existing national forms of worker representation at supervisory board level in the EU, in accordance with the subsidiarity principle, and to counter any attempt to use existing EU law to circumvent or abuse such arrangements by making appropriate changes in the relevant European Treaties or legislative acts;
Amendment 136 #
Motion for a resolution Paragraph 4 4. Calls on the Council, the Member States and the Commission to promote, respect and protect existing national forms of worker representation at supervisory board level in the EU and to counter any attempt to use existing EU law to circumvent or abuse such arrangements by establishing a strong basis for workers' representation at EU level; calls on the Commission to examine the possibility of making appropriate changes in the relevant European Treaties or legislative acts;
Amendment 137 #
Motion for a resolution Paragraph 4 4. Calls on the Council, the Member States and the Commission to respect and protect existing national forms of worker representation at supervisory board level in the
Amendment 138 #
Motion for a resolution Paragraph 4 4. Calls on the Council, the Member States and the Commission to respect and protect existing national forms of worker representation at supervisory board level in the EU and to counter any attempt to use existing EU law to circumvent or abuse such arrangements by
Amendment 139 #
Motion for a resolution Paragraph 4 a (new) 4a. Calls on the Member States and the Commission to identify and address shortcomings in the existing European legislative framework in order to prevent potential circumventions of existing national forms of worker representation at supervisory board level;
Amendment 14 #
Motion for a resolution Recital B B. whereas the involvement of employees in supervisory boards is
Amendment 140 #
Motion for a resolution Paragraph 4 a (new) 4a. Urges the Council, the Commission and the Member States to protect and ensure the independence and impartiality of workers' representatives at supervisory board level in order to prevent instances of corruption and illegal behaviour; condemns the use of trade unions as a springboard for political careers;
Amendment 141 #
Motion for a resolution Paragraph 5 Amendment 142 #
Motion for a resolution Paragraph 5 Amendment 143 #
Motion for a resolution Paragraph 5 5. Calls on the Commission and the Council, in the event of new legislative acts, particularly in the area of European company law, to
Amendment 144 #
Motion for a resolution Paragraph 5 5. Calls on the Commission and the Council
Amendment 145 #
Motion for a resolution Paragraph 5 5. Calls on the Commission and the Council, in the event of
Amendment 146 #
Motion for a resolution Paragraph 5 5. Calls on the Commission and the Council, in the event of new legislative acts, particularly in the area of European company law, to determine and publicise the impact on European and national forms of worker representation and participation through an appropriate impact assessment procedure and take appropriate measures to counter any adverse consequences;
Amendment 147 #
Motion for a resolution Paragraph 5 a (new) 5a. Underlines that, in the context of the current economic tensions in Europe, any additional administrative, legal or financial burdens should be avoided if these might hinder economic activity and, in particular, the creation, development and growth of very small businesses and SMEs;
Amendment 148 #
Motion for a resolution Paragraph 6 Amendment 149 #
Motion for a resolution Paragraph 6 6. Encourages the Commission, the European Parliament and the Council
Amendment 15 #
Motion for a resolution Recital B B. whereas the involvement of employees in supervisory boards
Amendment 150 #
Motion for a resolution Paragraph 6 6. Encourages the Commission, the European Parliament and the Council, in the area of company law to seek at an early stage enhanced cooperation, where appropriate, with the bodies responsible for employment
Amendment 151 #
Motion for a resolution Paragraph 6 6. Encourages the Commission, the European Parliament and the Council, in
Amendment 152 #
Motion for a resolution Paragraph 6 6. Encourages the Commission, the European Parliament and the Council, in the area of company law, to seek at an early stage enhanced cooperation with the bodes responsible for employment
Amendment 153 #
Motion for a resolution Paragraph 6 6. Encourages the Commission, the European Parliament and the Council, in the area of European company law to seek at an early stage enhanced cooperation with the bodes responsible for employment because their opinions are frequently ignored until it is too late or not sufficiently taken into account;
Amendment 154 #
Motion for a resolution Paragraph 6 a (new) 6a. Calls on the Commission and the Member States to promote the establishment and the development of worker cooperatives since by their own nature and legal requirements defining them they ensure workers participation in supervisory and administrative bodies but also workers' financial participation and control over the enterprise;
Amendment 155 #
Motion for a resolution Paragraph 6 a (new) 6a. Strongly believes that the role of the European Commission in this area should be to broker the exchange of best practice between the Member States and to focus their attention on the need for action, particularly in certain Member States;
Amendment 156 #
Motion for a resolution Subheading 2 Amendment 157 #
Motion for a resolution Subheading 2 Amendment 158 #
Motion for a resolution Paragraph 7 Amendment 159 #
Motion for a resolution Paragraph 7 Amendment 16 #
Motion for a resolution Recital B B. whereas the involvement of employees in supervisory boards is a
Amendment 160 #
Motion for a resolution Paragraph 7 7.
Amendment 161 #
Motion for a resolution Paragraph 7 7.
Amendment 162 #
Motion for a resolution Paragraph 7 7.
Amendment 163 #
Motion for a resolution Paragraph 7 7. Calls on the Commission to consider, together with European social partners, introduc
Amendment 164 #
Motion for a resolution Paragraph 7 7. Calls on the Commission to introduce in the Directive on the European Company (SE) adequate minimum EU rules governing employee representation on supervisory
Amendment 165 #
Motion for a resolution Paragraph 7 7. Calls on the Commission to introduce in the Directive on the European Company (SE) minimum EU rules governing employee representation on supervisory boards
Amendment 166 #
Motion for a resolution Paragraph 7 7. Calls on the Commission to introduce in the Directive on the European Company (SE) minimum EU rules governing
Amendment 167 #
Motion for a resolution Paragraph 7 7. Calls on the Commission to introduce in the Directive on the European Company (SE) minimum EU rules governing employee representation on supervisory boards, rather than referring to national law or revising the Directive so that the involvement of workers in supervisory boards is not solely determined by conditions when a company is established, but account is also taken of subsequent developments and, in particular, changes in the number of employees; calls for employee representation in European company decision-making bodies to comprise a delegation which is recognised as representative of the countries represented;
Amendment 168 #
Motion for a resolution Paragraph 7 a (new) 7a. Highlights the differing social models and corporate governance structures across the EU; strongly believes that such disparities render legislative action at an EU level unfeasible;
Amendment 169 #
Motion for a resolution Paragraph 8 Amendment 17 #
Motion for a resolution Recital B B. whereas
Amendment 170 #
Motion for a resolution Paragraph 8 Amendment 171 #
Motion for a resolution Paragraph 8 Amendment 172 #
Motion for a resolution Paragraph 8 8. Calls on the Commission to introduce in the Directive on mergers of limited liability companies
Amendment 173 #
Motion for a resolution Paragraph 8 8. Calls on the Commission to envisage, in agreement with the social partners, the introduc
Amendment 174 #
Motion for a resolution Paragraph 8 8. Calls on the Commission to introduce in the Directive on mergers of limited liability companies adequate minimum European rules for employee representation on supervisory boards
Amendment 175 #
Motion for a resolution Paragraph 8 8. Calls on the Commission to introduce in the Directive on mergers of limited liability companies minimum European rules for employee representation on supervisory boards
Amendment 176 #
Motion for a resolution Paragraph 8 8. Calls on the Commission to introduce in the Directive on transnational mergers of limited liability companies minimum European rules for employee representation on supervisory boards, rather than referring to national legislation;
Amendment 177 #
Motion for a resolution Paragraph 8 a (new) 8a. Asks the Commission to provide that the disclosure of information to company boards should include transnational information and consultation procedures where draft decisions have a transnational impact and significantly affect workers' interests; takes the view, in this connection, that coordination between the transnational information and consultation body set up under Directive 2009/38/EC and worker representation in company boards - where it exists - is imperative;
Amendment 178 #
Motion for a resolution Paragraph 8 b (new) 8b. Asks that provision should be made to ensure that in transnational companies where workers' representatives are effectively represented (or have a real say) in the decision-making bodies, specific deliberations on the opinions adopted by the transnational information and consultation body should be placed on the agenda by workers' representatives who should then provide information on the feedback received;
Amendment 179 #
Motion for a resolution Paragraph 8 c (new) 8c. Provides that employee board members may have recourse to the services of the independent expert mandated by the institutions representing employees where such an independent expert exists;
Amendment 18 #
Motion for a resolution Recital B B. whereas the involvement of employees in supervisory boards is a
Amendment 180 #
Motion for a resolution Paragraph 9 Amendment 181 #
Motion for a resolution Paragraph 9 Amendment 182 #
Motion for a resolution Paragraph 9 Amendment 183 #
Motion for a resolution Paragraph 9 9.
Amendment 184 #
Motion for a resolution Paragraph 9 9. Calls on the Commission to envisage, in conjunction with the social partners, revis
Amendment 185 #
Motion for a resolution Paragraph 9 9. Calls on the Commission to revise Directive 2004/25/EC of the European Parliament and of the Council of 21 April 200421 on takeover bids to ensure that the workers of a bidding company are also consulted, rather than just those of the company subject to the takeover bid
Amendment 186 #
Motion for a resolution Paragraph 10 Amendment 187 #
Motion for a resolution Paragraph 10 Amendment 188 #
Motion for a resolution Paragraph 10 Amendment 189 #
Motion for a resolution Paragraph 10 10.
Amendment 19 #
Motion for a resolution Recital B B. whereas the involvement of employees in the supervisory boards
Amendment 190 #
Motion for a resolution Paragraph 10 10. Calls on the Commission in all legislative acts on European company law to provide that the place of a company’s registered offices must be identical with its actual place of business so as to prevent the circumvention of the requirement regarding employee representation on supervisory boards, such as would be possible under the proposal for single- member private limited liability companies (SUP),
Amendment 191 #
Motion for a resolution Paragraph 10 10. Calls on the Commission in all legislative acts on European company law to provide that the place of a company’s registered offices must be identical with its actual place of business so as to
Amendment 192 #
Motion for a resolution Paragraph 10 10. Calls on the Commission in all legislative acts on European company law to provide that the place of a company’s registered offices must be identical with its actual place of business so as to prevent the circumvention of the requirement regarding employee representation on supervisory boards, such as would be possible under the proposal for single- member private limited liability companies (SUP), and, instead of this proposal, to submit a proposal for a directive on the cross-border transfer of the registered office, as decided by the European Parliament22 ; __________________ 22 Resolution of
Amendment 193 #
Motion for a resolution Paragraph 10 10. Calls on the Commission in all legislative acts on European company law to provide that the place of a company’s registered offices must be identical with its actual place of business so as to prevent the circumvention of the requirement regarding employee representation on supervisory boards, such as would be possible under the proposal for single- member private limited liability companies (SUP), and, instead of this proposal, to submit a proposal for a directive on the cross-border transfer of the registered office, as decided by the European Parliament22 ; __________________ 22
Amendment 194 #
Motion for a resolution Paragraph 10 Calls on the Commission in all legislative acts on European company law to provide that the place of a company’s registered offices must be identical with its actual place of business so as to prevent the circumvention of the requirement
Amendment 195 #
Motion for a resolution Paragraph 10 10. Calls on the Commission in all legislative acts on European company law to provide that the place of a company’s registered offices must be identical with its actual place of business so as to prevent the circumvention of the requirement regarding employee representation on supervisory boards, such as would be possible under the proposal for single- member private limited liability companies (SUP), and, instead of this proposal, to submit a proposal for a directive on the cross-border transfer of the registered office, as decided by the European Parliament22
Amendment 196 #
Motion for a resolution Paragraph 10 a (new) 10a. Believes that the freedom of establishment for companies is reasonably assured through a directive on the cross- border transfer of company seats; by contrast, the possibility of a splitting of seats would lead only to the establishment of letter box companies, money laundering and tax evasion and would thus create legal uncertainty for all creditors;
Amendment 197 #
Motion for a resolution Subheading 3 Amendment 198 #
Motion for a resolution Subheading 3 Requirements in respect of
Amendment 199 #
Motion for a resolution Subheading 3 Amendment 20 #
Motion for a resolution Recital B a (new) Ba. whereas a supervisory board is a decision-making body of an undertaking with a particular legal form;
Amendment 200 #
Motion for a resolution Paragraph 11 Amendment 201 #
Motion for a resolution Paragraph 11 11. Calls on the Commission to develop
Amendment 202 #
Motion for a resolution Paragraph 11 11.
Amendment 203 #
Motion for a resolution Paragraph 11 11.
Amendment 204 #
Motion for a resolution Paragraph 11 11. Calls on the Commission to develop
Amendment 205 #
Motion for a resolution Paragraph 11 11. Calls on the Commission to develop standards for rules governing employee representation on supervisory boards that can be applied as a universal model
Amendment 206 #
Motion for a resolution Paragraph 11 Calls on the Commission to develop standards for rules governing employee representation on supervisory boards that can be applied as a universal model in the form of a directive to all European corporate law directives
Amendment 207 #
Motion for a resolution Paragraph 11 11. Calls on the Commission to develop
Amendment 208 #
Motion for a resolution Paragraph 11 a (new) 11a. Strongly believes that a universal model for workers representation at board level is not possible at an EU level due to the large disparities in corporate governance structures that are present amongst the Member States;
Amendment 209 #
Motion for a resolution Paragraph 11 a (new) 11a. Considers minimum European rules on employee representation on supervisory boards under forms of European corporate law to be necessary in order to take account of ever expanding integration and increasing Europeanisation of undertakings and their workforces and employee representations within Europe that can no longer be covered by purely national legislation1a; __________________ 1aProf. Dr. Rüdiger Krause, 'Zur Bedeutung des Unionsrechts für die unternehmerische Mitbestimmung', annexed to: Mitbestimmungs-Report No. 17 (December 2015), Hans-Böckler- Stiftung http://www.boeckler.de/pdf/p_mbf_report_ 2015_17.pdf
Amendment 21 #
Motion for a resolution Recital B a (new) Ba. whereas diversity in supervisory and administrative bodies, including through the participation of women and young people, brings along more diversity in experiences and ideas which generates a greater variety of possible answers to different challenges such as fluctuating markets and costumer demands;
Amendment 210 #
Motion for a resolution Paragraph 11 a (new) 11a. Asks the Commission to examine and clarify the existing legal basis for a possible European framework in this area, given the impact it could have on areas of national competence;
Amendment 211 #
Motion for a resolution Paragraph 11 b (new) 11b. Recommends basing any changes to rules on worker representation in corporate bodies on an analysis and thorough evaluation of the labour force and business culture in each Member State; adds that this would serve to delineate clearly the decision-making capacity of workers' representatives, the areas in which they should be present and the domains in which the chosen method of participation in the decision-making process can be viable and beneficial;
Amendment 212 #
Motion for a resolution Paragraph 12 Amendment 213 #
Motion for a resolution Paragraph 12 Amendment 214 #
Motion for a resolution Paragraph 12 Amendment 215 #
Motion for a resolution Paragraph 12 Amendment 216 #
Motion for a resolution Paragraph 12 12.
Amendment 217 #
Motion for a resolution Paragraph 12 Recommends that this Directive should be applicable to all forms of
Amendment 218 #
Motion for a resolution Paragraph 12 Amendment 219 #
Motion for a resolution Paragraph 12 12. Recommends that this Directive should be applicable to all forms of company with a supervisory board at European level, i.e. account should be taken of public and private companies, partnerships and limited companies and also workers employed in the affiliated parent and subsidiary companies; hopes that, with due regard for differences between national legislations, recognition of common minimum forms of employee participation and consultation can also be introduced by countries which do not yet provide for these;
Amendment 22 #
Motion for a resolution Recital B b (new) Bb. whereas workers' participation strengthens European democracy and decision-making in diversity in practice, and whereas female workers' participation is one of the key elements that enhances productivity and economic growth;
Amendment 220 #
Motion for a resolution Paragraph 13 Amendment 221 #
Motion for a resolution Paragraph 13 Amendment 222 #
Motion for a resolution Paragraph 13 Amendment 223 #
Motion for a resolution Paragraph 13 13. Believes that the presence of workers' representatives on European supervisory boards
Amendment 224 #
Motion for a resolution Paragraph 13 Believes that workers´ representatives on European
Amendment 225 #
Motion for a resolution Paragraph 13 13. Believes that workers’ representatives on European supervisory boards
Amendment 226 #
Motion for a resolution Paragraph 13 Believes that workers´ representatives on European supervisory boards
Amendment 227 #
Motion for a resolution Paragraph 14 Amendment 228 #
Motion for a resolution Paragraph 14 Amendment 229 #
Motion for a resolution Paragraph 14 Amendment 23 #
Motion for a resolution Recital C C. whereas, under the present conditions of global division of labour
Amendment 230 #
Motion for a resolution Paragraph 14 14.
Amendment 231 #
Motion for a resolution Paragraph 14 14. Suggests that the nature and scope of decisions requiring approval
Amendment 232 #
Motion for a resolution Paragraph 14 14. Suggests that the nature and scope of decisions requiring approval should be determined in this directive by
Amendment 233 #
Motion for a resolution Paragraph 14 14. Suggests that the nature and scope of decisions requiring approval should be established in this directive by minimum standards, which should be developed by rules in the Member States23; __________________ 23 e.g. Article 95 AktG, Austria. e.g. Article 95(5) of the Public Limited Company Act and Article 30j(5) of the Limited-Liability Company Act, Austria.
Amendment 234 #
Motion for a resolution Paragraph 15 Amendment 235 #
Motion for a resolution Paragraph 15 Amendment 236 #
Motion for a resolution Paragraph 15 Amendment 237 #
Motion for a resolution Paragraph 15 Amendment 238 #
Motion for a resolution Paragraph 15 Stresses that workers' representatives on supervisory boards should have the same rights
Amendment 239 #
Motion for a resolution Paragraph 15 15. Stresses that workers' representatives on supervisory boards
Amendment 24 #
Motion for a resolution Recital C C. whereas, under the present conditions of global division of labour, internationalisation, accelerated corporate change and the upcoming transformation through digitisation, i.e. the so-called ‘4th Industrial Revolution’, prosperity for the maximum number of people can be achieved
Amendment 240 #
Motion for a resolution Paragraph 15 15. Stresses that workers' representatives on supervisory boards should have the same rights
Amendment 241 #
Motion for a resolution Paragraph 15 a (new) 15a. Reaffirms the right of workers to elect their own representatives, in accordance with the national representation systems;
Amendment 242 #
Motion for a resolution Paragraph 16 Amendment 243 #
Motion for a resolution Paragraph 16 16.
Amendment 244 #
Motion for a resolution Paragraph 16 16.
Amendment 245 #
Motion for a resolution Paragraph 16 16. Demands that steps be taken, in
Amendment 246 #
Motion for a resolution Paragraph 16 16. Demands that steps be taken, in appointing the supervisory board, to ensure th
Amendment 247 #
Motion for a resolution Paragraph 16 Amendment 248 #
Motion for a resolution Paragraph 16 a (new) 16a. Stresses that any legal provision enjoining a specific representation of men and women on supervisory boards, in particular on the basis of considerations other than those referred to in paragraph 16 above, would be contrary to principles of equality and non-discrimination referred to in Articles 20 and 21 of the Charter of Fundamental Rights of the European Union;
Amendment 249 #
Motion for a resolution Paragraph 16 a (new) 16a. Calls on Member States to adopt new legislation requiring listed and unlisted limited companies with over 50 employees and all public companies to ensure that the representation of women and men on supervisory boards reflects the gender ratio in the company; this must include effective penalties in case of non- compliance;
Amendment 25 #
Motion for a resolution Recital C C. whereas
Amendment 250 #
Motion for a resolution Paragraph 16 a (new) 16a. Recommends that appropriate guarantees be adopted to ensure the independence and impartiality of workers’ representatives at supervisory board level;
Amendment 251 #
Motion for a resolution Paragraph 16 b (new) 16b. Calls on the Commission and Member States to introduce new measures to increase the number of women and young people who are often the most under-represented on supervisory boards by limiting the plurality of offices and their duration;
Amendment 252 #
Motion for a resolution Paragraph 16 c (new) 16c. Requests the adoption of flanking measures to support companies in the implementation of such measures and to promote those that have achieved that objective;
Amendment 253 #
Motion for a resolution Paragraph 17 Amendment 254 #
Motion for a resolution Paragraph 17 Amendment 255 #
Motion for a resolution Paragraph 17 Amendment 256 #
Motion for a resolution Paragraph 17 Amendment 257 #
Motion for a resolution Paragraph 17 17. Demands that
Amendment 258 #
Motion for a resolution Paragraph 17 17.
Amendment 259 #
Motion for a resolution Paragraph 17 17. Demands that this Directive ensure that the representatives of the workforce are directly elected by the workforce and may also be from affiliated companies and, in the case of transnational companies, may also originate from another Member State and that trade union representatives may also be put forward and elected as external representatives;
Amendment 26 #
Motion for a resolution Recital C C. whereas
Amendment 260 #
Motion for a resolution Paragraph 17 17. Demands that this Directive ensure that the representatives of the workforce may also be from affiliated companies and, in the case of transnational companies, may also originate from
Amendment 261 #
Motion for a resolution Paragraph 18 Amendment 262 #
Motion for a resolution Paragraph 18 Amendment 263 #
Motion for a resolution Paragraph 18 Amendment 264 #
Motion for a resolution Paragraph 18 Amendment 265 #
Motion for a resolution Paragraph 18 Amendment 266 #
Motion for a resolution Paragraph 18 18. Recommends, with respect to the number of worker representatives sitting on the supervisory boards of companies,
Amendment 267 #
Motion for a resolution Paragraph 18 18. Recommends, with respect to the number of worker representatives sitting on the supervisory boards of companies, including direct or indirect subsidiaries
Amendment 268 #
Motion for a resolution Paragraph 18 18. Recommends, with respect to the number of
Amendment 269 #
Motion for a resolution Paragraph 18 18. Recommends, with respect to the number of worker representatives sitting on the supervisory boards of companies, including direct or indirect subsidiaries and affiliates with more than 50 employees25, that
Amendment 27 #
Motion for a resolution Recital D D. whereas forms of worker participation at company level exist in 18 Member States of the European Union and in Norway,
Amendment 270 #
Motion for a resolution Paragraph 18 18. Recommends, with respect to the number of employee representatives on supervisory boards, including its direct or indirect subsidiaries and affiliates with more than 50 employees25, that half the
Amendment 271 #
Motion for a resolution Paragraph 18 18. Recommends, with respect to the number of worker representatives sitting on the supervisory boards of companies, including direct or indirect subsidiaries and affiliates with more than 50 employees25 , that half the number of seats on the supervisory board should be reserved for workers or their representatives;
Amendment 272 #
Motion for a resolution Paragraph 19 Amendment 273 #
Motion for a resolution Paragraph 19 Amendment 274 #
Motion for a resolution Paragraph 19 19. Recommends that efforts should be made to obtain an effective ratio of communication and action between workers' representatives sitting on
Amendment 275 #
Motion for a resolution Paragraph 20 Amendment 276 #
Motion for a resolution Paragraph 20 Amendment 277 #
Motion for a resolution Paragraph 20 Amendment 278 #
Motion for a resolution Paragraph 20 Amendment 279 #
Motion for a resolution Paragraph 20 20.
Amendment 28 #
Motion for a resolution Recital D D. whereas forms of worker representation and participation at company level exist in 18 Member States of the European Union and in Norway, but they differ enormously owing to their respective economic and social historical development15; __________________ 15 http://fr.worker- participation.eu/National-Industrial- Relations/Across-Europe/Board-level- Representation2/MAP-Board-level- representation-in-the-European-Economic- Area2Aline Conchon (2015) La voix des travailleurs dans la gouvernance d’entreprise: https://www.etui.org/Publications2/Reports /Workers-voice-in-corporate-governance.- A-European-perspective
Amendment 280 #
Motion for a resolution Paragraph 20 20. Is convinced that such a directive would have to be furnished with effective enforcement mechanisms in order to reduce cases of circumvention, avoidance and abuse; the possibility of introducing penalties for such practices should also be considered;
Amendment 281 #
Motion for a resolution Paragraph 20 a (new) 20a. Stresses that such a directive must be compatible with the principles of proportionality and of subsidiarity because, as a rule, every undertaking freely decides whether it wishes to become a type of enterprise under European law or prefers a form of establishment under national law;
Amendment 282 #
Motion for a resolution Paragraph 20 a (new) 20a. Calls on the Commission to propose instruments and incentives to promote pilot systems, special agreements between the social partners and advanced best practices in the field of information, participation and consultation of workers so that even those countries where there is currently no employee participation can test their effectiveness;
Amendment 29 #
Motion for a resolution Recital D D. whereas forms of worker participation at company supervisory board level exist in 18 Member States of the European Union and in Norway, but they differ enormously owing to their respective economic and social
Amendment 3 #
Motion for a resolution Citation 2 b (new) - having regard to Article 7 of the Treaty on the Functioning of the European Union,
Amendment 30 #
Motion for a resolution Recital D D. whereas forms of worker participation at company level exist in 18 Member States of the European Union and in Norway, but they differ enormously owing to their respective economic and social historical development;15 whereas, therefore, it is important to respect the subsidiarity principle, in an appropriate manner, also in the field of industrial relations; __________________ 15 http://de.worker- participation.eu/National-Industrial- Relations/Across-Europe/Board-level- Representation2/MAP-Board-level- representation-in-the-European-Economic-
Amendment 31 #
Motion for a resolution Recital D D. whereas forms of worker participation at company level exist in 18 Member States of the European Union and in Norway, but they differ enormously owing to their respective economic and social historical development15; __________________ 15 http://de.worker- participation.eu/National-Industrial- Relations/Across-Europe/Board-level- Representation2/MAP-Board-level- representation-in-the-European-Economic- Area2;Conchon Aline (2015) Workers’ voice in corporate governance: A European perspective, https://www.etui.org/Publications2/Reports /Workers-voice-in-corporate-governance.- A-European-perspective; Aline Chonchon, Norbert Kluge and Michael Stollt(EGI)Worker board-level participation in the 31 European Economic Area countries (August 2015 update) http://www.worker- participation.eu/National-Industrial- Relations/Across-Europe/Board-level- Representation2/TABLE-Worker-board- level-participation-in-the-31-European- Economic-Area-countries
Amendment 32 #
Motion for a resolution Recital D a (new) Da. whereas this diversity of national legislation and forms of worker representation makes it impossible to create uniformity among these national bodies of legislation by means of European company law;
Amendment 33 #
Motion for a resolution Recital E E. whereas the scope and intensity of worker participation vary greatly
Amendment 34 #
Motion for a resolution Recital E E. whereas the scope and intensity of worker participation vary greatly
Amendment 35 #
Motion for a resolution Recital E E. whereas the scope and intensity of social dialogue and worker participation vary greatly
Amendment 36 #
Motion for a resolution Recital E E. whereas the scope and intensity of worker participation vary greatly,
Amendment 37 #
Motion for a resolution Recital E E. whereas the scope and intensity of worker participation vary greatly, but it has proved effective
Amendment 38 #
Motion for a resolution Recital E E. whereas the scope and intensity of worker participation vary greatly, but it has proved fruitful and effective, and whereas the countries concerned are essentially economically successful ones
Amendment 39 #
Motion for a resolution Recital E a (new) Ea. whereas equality between men and women is a founding principle of the European Union enshrined in European primary law, and whereas gender- balanced representation and diversity of representation of workers on supervisory boards are essential democratic principles with many beneficial economic effects;
Amendment 4 #
Motion for a resolution Citation 18 Amendment 40 #
Motion for a resolution Recital E b (new) Eb. whereas, owing to the existence of a de facto glass ceiling and a ‘male quota’ of 80-90% on companies’ supervisory boards, a large number of women are under-represented in economic decision- making, which has a substantial impact on their working lives, including a lower level of pay and savings than men;
Amendment 41 #
Motion for a resolution Recital E c (new) Ec. whereas the causes of women’s under-representation in the economic decision-making of undertakings are linked to the problems of balancing work with personal life, which vary considerably within Europe;
Amendment 42 #
Motion for a resolution Recital F Amendment 43 #
Motion for a resolution Recital F Amendment 44 #
Motion for a resolution Recital F F. whereas, according to some studies (which differ from one Member State to another and must therefore be treated with caution), companies with employee participation have tended to weather the crisis better than others17; __________________ 17 Kleinknecht R. (2015): Employee participation in corporate governance: implications for company resilience http://ejd.sagepub.com/content/21/1/57.abs tract
Amendment 45 #
Motion for a resolution Recital F F. whereas strong workers' rights contribute verifiably to achieving the Europe 2020 targets 1a and companies with worker participation have tended to weather the crisis better than others17 ; __________________ 1a ETUI (2016) Benchmarking Working Europe 2016 17 Kleinknecht R. (2015) Employee participation in corporate governance: implications for company resilience, http://ejd.sagepub.com/content/21/1/57.abs tract
Amendment 46 #
Motion for a resolution Recital F a (new) Fa. whereas, on the other hand, some states have complex worker participation legislation, including different applicability thresholds according to the number of employees, and whereas such legislation may have an adverse economic impact, particularly by restricting the creation, growth and development of SMEs and micro-enterprises;
Amendment 47 #
Motion for a resolution Recital F a (new) Fa. whereas comparison between groups of Member States shows that the objectives of the EU 2020 strategy have been achieved more effectively by the group which has active worker participation at company level1a; __________________ 1ahttp://www.worker- participation.eu/About-WP/European- Participation.Index.EPI
Amendment 48 #
Motion for a resolution Recital F b (new) Fb. whereas the proportion of women on supervisory boards is relatively low, yet is in many countries higher amongst the workers' representatives than amongst other supervisory board members1a; __________________ 1aMarion Weckes, Geschlechterverteilung in Vorständen und Aufsichtsräten (Gender representation on management boards and supervisory boards), http://www.boeckler.de/pdf/p_mbf_report_ 2015_10.pdf
Amendment 49 #
Motion for a resolution Recital F c (new) Fc. whereas worker participation in supervisory boards of European corporate forms should also apply to SMEs1a; __________________ 1a Up to 250 workers can be employed in SMEs.
Amendment 5 #
Motion for a resolution Citation 19 a (new) - having regard to the statement of July 2011 by the European Women’s Lobby concerning EU Legislation for the Equal Representation of Women and Men on Corporate Boards,
Amendment 50 #
Motion for a resolution Recital F d (new) Fd. whereas both the President of the European Commission and the President of the European Parliament have advocated the improvement of employee representation at supervisory board level1a; __________________ 1a Jean-Claude Juncker and Martin Schulz, Die Mitbestimmung, 5/2014, p.16 ff.
Amendment 51 #
Motion for a resolution Recital G Amendment 52 #
Motion for a resolution Recital G Amendment 53 #
Motion for a resolution Recital G Amendment 54 #
Motion for a resolution Recital G G. whereas the
Amendment 55 #
Motion for a resolution Recital G G. whereas the economic model based on the short-term ‘shareholder value’ principle has sometimes failed in the financial crisis;
Amendment 56 #
Motion for a resolution Recital G G. whereas the economic model based on the short-term ‘shareholder value’ principle has failed in the financial crisis; while the economic model based on worker ownership has proved a better resilience in terms of enterprises closing, job losses and level of indebtedness;
Amendment 57 #
Motion for a resolution Recital H a (new) Ha. whereas the provision of information to workers, their consultation and their participation in the firm’s decisions are three complementary dimensions of the involvement of workers’ representatives in the firm’s decision-making process;
Amendment 58 #
Motion for a resolution Recital H b (new) Hb. whereas the consultation of workers’ representatives constitutes the expression of an opinion which is useful to decision- making and whereas, therefore, links between consultation and participation in decision-making should be fostered, on the basis of arrangements to be defined in line with the respective powers and areas of activity of the bodies on which the workers are represented;
Amendment 59 #
Motion for a resolution Recital I I. whereas relations between the European social partners at European level are becoming increasingly close, as evidenced by the steady increase in transnational company agreements (TCAs), including more than 1 000 agreements setting up European Works Councils;
Amendment 6 #
Motion for a resolution Citation 20 a (new) - having regard to Europfound´s report on Third European Company Survey - Direct and indirect employee participation;
Amendment 60 #
Motion for a resolution Recital J J. whereas future corporate management will
Amendment 61 #
Motion for a resolution Recital J J. whereas future corporate management will only be successful with a long-term, sustainable approach
Amendment 62 #
Motion for a resolution Recital J J. whereas future corporate management will only be successful with a long-term, sustainable and participatory approach which includes all stakeholders18; __________________ 18 http://de.worker-participation.eu/Ueber- WP.eu/Publications/The-Sustainable- Company-a-new-approach-to-corporate- governance
Amendment 63 #
Motion for a resolution Recital J a (new) Ja. whereas the need to anticipate and assist with changes can only be met by means of a dialogue at the level at which transnational strategic guidelines are drawn up and by effective involvement of worker representatives;
Amendment 64 #
Motion for a resolution Recital K Amendment 65 #
Motion for a resolution Recital K K. whereas the
Amendment 66 #
Motion for a resolution Recital K K. whereas
Amendment 67 #
Motion for a resolution Recital K K. whereas the existing form of the European Company (SE)
Amendment 68 #
Motion for a resolution Recital K K. whereas there have been cases in which the existing form of the European Company (SE) is also used to avoid national forms of worker participation in companies;
Amendment 69 #
Motion for a resolution Recital K a (new) Ka. whereas the freedom of establishment within the European Union makes it easier for transnational companies to choose the site of their headquarters on the basis of opportunist criteria relating in particular to Member States’ social and tax legislation;
Amendment 7 #
Motion for a resolution Citation 20 b (new) - having regard to Eurofound´s report Board-level employee representation in Europe;
Amendment 70 #
Motion for a resolution Recital K b (new) Kb. whereas, furthermore, the European directives referred to here, relating in particular to European and transnational companies, have aggravated the phenomenon of playing off different Member States’ legislations – in this case on worker participation – against each other; whereas, in particular, the existing form of the European Company (SE) has enabled some transnational companies to avoid national forms of corporate co- determination which are more favourable to workers;
Amendment 71 #
Motion for a resolution Recital L Amendment 72 #
Motion for a resolution Recital L Amendment 73 #
Motion for a resolution Recital L Amendment 74 #
Motion for a resolution Recital L L. whereas the proposal for a directive of the European Parliament and of the Council on single-member private limited liability companies (SUP)19 can also be used to circumvent existing national forms of worker representation on supervisory boards, and the Committee on Employment therefore rejected this proposal in its opinion of 29 June 201520; __________________ 19 COM(2014)0212. 20 PE549.466v02-00.
Amendment 75 #
Motion for a resolution Recital L L. whereas the proposal for a directive of the European Parliament and of the Council on single-member private limited liability companies (SUP)19
Amendment 76 #
Motion for a resolution Recital L L. whereas the proposal for a directive of the European Parliament and of the Council on single-member private limited liability companies (SUP)19 can be used to circumvent existing national forms of worker representation on supervisory boards, and the Committee on Employment
Amendment 77 #
Motion for a resolution Recital M Amendment 78 #
Motion for a resolution Recital M M. whereas company law legislative acts at European level and / or such acts applied cross-border
Amendment 79 #
Motion for a resolution Recital M M. whereas company law legislative acts at European level and / or such acts applied cross-border
Amendment 8 #
Motion for a resolution Recital A A. whereas the development of the European Union and the European social model require a strengthening of
Amendment 80 #
Motion for a resolution Recital M M. whereas company law legislative acts at European level and / or such acts applied cross-border are often drawn up without taking into account labour law, and often have adverse repercussions on the social rights of Member State workers;
Amendment 81 #
Motion for a resolution Recital N Amendment 82 #
Motion for a resolution Recital N Amendment 83 #
Motion for a resolution Recital N N. whereas
Amendment 84 #
Motion for a resolution Recital N N. whereas
Amendment 85 #
Motion for a resolution Recital N N. whereas
Amendment 86 #
Motion for a resolution Recital N N. whereas
Amendment 87 #
Motion for a resolution Recital N N. whereas giving priority to the fundamental economic freedoms in the European Union over employment and social rights often leads to the erosion of the national worker representation, not only at supervisory board level;
Amendment 88 #
Motion for a resolution Recital N N. whereas giving priority to the fundamental economic freedoms in the European Union, in particular the right to property, often leads to the erosion of the national worker representation, not only at supervisory board level;
Amendment 89 #
Motion for a resolution Recital O O. whereas there
Amendment 9 #
Motion for a resolution Recital A A. whereas the
Amendment 90 #
Motion for a resolution Recital O O.
Amendment 91 #
Motion for a resolution Recital O O. whereas there do not yet exist at EU level any general standards for employee representation
Amendment 92 #
Motion for a resolution Recital O a (new) Oa. whereas the following directives, among others: (i) 2001/86/EC of 8 October 2001 supplementing the Statute for a European Company with regard to the involvement of employees; (ii) 2003/72/EC of 22 July 2003 supplementing the Statute for a European Cooperative Society with regard to the involvement of employees; (iii) 2005/56/EC of 26 October 2005 on cross-border mergers of limited liability companies; and (iv) 94/45/EC of 22 September 1994 and 2009/38/EC of 6 May 2009 on the establishment of a European Works Council or a procedure in Community- scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees have already established reference frameworks governing informing and consulting employees and their participation for European companies, European cooperative societies and transnational companies in particular;
Amendment 93 #
Motion for a resolution Recital O b (new) Ob. whereas these directives rightly refer the determination of the details of employee consultation and participation to negotiations between social partners and national law in the Member States;
Amendment 94 #
Motion for a resolution Recital P Amendment 95 #
Motion for a resolution Recital P Amendment 96 #
Motion for a resolution Recital P P. whereas
Amendment 97 #
Motion for a resolution Recital P P. whereas the adoption of any further legislative acts in European company law
Amendment 98 #
Motion for a resolution Recital P P. whereas
Amendment 99 #
Motion for a resolution Recital P P. whereas the adoption of any further
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