30 Amendments of Kostas CHRYSOGONOS related to 2016/0359(COD)
Amendment 148 #
Proposal for a directive
Recital 46 a (new)
Recital 46 a (new)
(46a) Under no circumstances should workers bear the burden of restructuring, insolvency and discharge procedures, and the debts due to them, such as unpaid wages, should always be satisfied first. In order to guarantee the continuity of production and employment and to better fight tactical or fraudulent practices by the management, workers should also be informed and consulted at the initial stage of restructuring, insolvency and discharge procedures.
Amendment 152 #
Proposal for a directive
Article 1 – paragraph 1 – point c a (new)
Article 1 – paragraph 1 – point c a (new)
(ca) the obligations of over-indebted entrepreneurs and directors to creditors, workers, shareholders, other stakeholders and the relevant Member State(s)
Amendment 199 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Preventive restructuring frameworks may consist of one or more procedures or measures, duly negotiated and consulted with workers ‘representatives, who shall retain all rights of collective bargaining and industrial action. They shall also provide for procedures or measures aimed at the acquisition of the indebted enterprise by its workers, in accordance with the law of the relevant Member State.
Amendment 203 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shallmay put in place provisions limiting the involvement of a judicial or administrative authority to where it is necessary and proportionate sowhile ensuring that rights of any affected parties are safeguarded.
Amendment 206 #
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Preventive restructuring frameworks shall be available on the application by debtors, or byby workers or by other creditors with the agreement of debtors.
Amendment 221 #
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Member States shall ensure that a creditors' committee is established. The committee shall include representatives of the main creditors and other stakeholders, including workers. The members of the creditor's committee shall support and monitor the insolvency administrator´s execution of his office. They shall demand information on the progress of business affairs, have the books and business documents inspected and the monetary transactions and the available cash verified.
Amendment 263 #
Proposal for a directive
Article 7 – paragraph 7 a (new)
Article 7 – paragraph 7 a (new)
7a. Member States shall ensure that the matters covered by paragraphs 1 to 7 of this Article are without prejudice to the right of workers to collective bargaining and the right to collective action, including the right to strike.
Amendment 267 #
Proposal for a directive
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) a valuation of the present value of the debtor or the debtor's business as well as a reasoned statement on the causes and the extent of the financial difficulties of the debtor;, including a description of any assets, debts, and their location, and including an evaluation of the financial obligations relating to and the financial flows towards and from the business' parent companies and subsidiaries, in order to estimate the financial capacity of the debtor´s economic group when joint responsibility may arise.
Amendment 277 #
Proposal for a directive
Article 8 – paragraph 1 – point g a (new)
Article 8 – paragraph 1 – point g a (new)
(ga) workers' claims or other rights shall be treated taking into account that any financial claims by workers have full priority.
Amendment 289 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall ensure that affected parties are treated in separate classes which reflect the class formation criteria. Classes shall be formed in such a way that each class comprises claims or interests with rights that are sufficiently similar to justify considering the members of the class a homogenous group with commonality of interest. As a minimum, secured and unsecured claims shall be treated in separate classes for the purposes of adopting a restructuring plan. Member States mayshall also provide that workers are treated in a separate class of their own.
Amendment 290 #
Proposal for a directive
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. Workers' representatives shall be informed and consulted. They shall have the right to propose alternative plans in order to safeguard employment. They shall also have the right to request external expertise in order to formulate alternative plans or counter-proposals. Those plans shall be accorded the same status and consideration than any other plan or proposal.
Amendment 291 #
Proposal for a directive
Article 9 – paragraph 2 b (new)
Article 9 – paragraph 2 b (new)
2b. Restructuring plans shall not have a negative impact on occupational pension funds and schemes.
Amendment 294 #
Proposal for a directive
Article 9 – paragraph 6
Article 9 – paragraph 6
6. Where the necessary majority is not reached in one or more dissenting voting classes, the plan may still be confirmed if it complies with the cross-class cram-down requirements set out in Article 11. However, where they exist, collective agreements and the outcomes of collective bargaining shall be respected.
Amendment 303 #
Proposal for a directive
Article 10 – paragraph 2 – point c a (new)
Article 10 – paragraph 2 – point c a (new)
Amendment 305 #
Proposal for a directive
Article 10 – paragraph 2 – point c b (new)
Article 10 – paragraph 2 – point c b (new)
(cb) that restructuring plans do not have the effect of perpetrating a fraud on creditors, workers, other stakeholder or the relevant Member State(s).
Amendment 313 #
Proposal for a directive
Article 12 a (new)
Article 12 a (new)
Amendment 336 #
Proposal for a directive
Article 18 – paragraph 1 – point d a (new)
Article 18 – paragraph 1 – point d a (new)
(da) not to reduce intentionally the value of the company´s net assets below the level necessary to discharge accrued liabilities to workers
Amendment 337 #
Proposal for a directive
Article 18 – paragraph 1 – point d a (new)
Article 18 – paragraph 1 – point d a (new)
(da) to comply with all their obligations to creditors, workers, other stakeholders, the state and its emanations, in accordance with national law.
Amendment 338 #
Proposal for a directive
Article 18 – paragraph 1 – point d b (new)
Article 18 – paragraph 1 – point d b (new)
(db) to complete an annual statement confirming their compliance with their legal obligations.
Amendment 343 #
Proposal for a directive
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
1a. A full discharge shall apply only where the indebted entrepreneur has complied with the requirements of Article 18 of this Directive. Entrepreneurs who violate employment and / or competition law shall be excluded from a full discharge.
Amendment 352 #
Proposal for a directive
Article 22 – paragraph 1 – point d a (new)
Article 22 – paragraph 1 – point d a (new)
(da) where entrepreneurs and/or their directors have acted in breach of their obligations under Article 18 of this Directive or where entrepreneurs and / or their directors have violated employment and / or competition law.
Amendment 355 #
Proposal for a directive
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. Member States shall ensure that any supervision of a decision under paragraphs 1 and 2 of this Article is carried out by a competent judicial or administrative authority to prevent any abuse on the part of entrepreneurs.
Amendment 358 #
Proposal for a directive
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Member States shall encourage, by any means which they consider appropriate, the development of, and adherence to, voluntary codes of conduct bysure that practitioners in the field of restructuring, insolvency and second chance, as well as other effective oversight mechanisms concerning the provisions of such services comply with statutory codes of conduct, which shall at least include provisions on training, qualification, licensing, registration, personal liability, insurance and good repute.
Amendment 360 #
Proposal for a directive
Article 25 – paragraph 2 a (new)
Article 25 – paragraph 2 a (new)
2a. Member States shall establish effective sanctions for breaches of the practitioners' obligations under this Article and other relevant legislation.
Amendment 366 #
Proposal for a directive
Article 28 – paragraph 1 – point c
Article 28 – paragraph 1 – point c
(c) notifications to creditors; and workers´ representatives
Amendment 371 #
Proposal for a directive
Article 29 – paragraph 1 – subparagraph 1 – point g a (new)
Article 29 – paragraph 1 – subparagraph 1 – point g a (new)
(ga) the number of job losses and the impact on workers conditions of restructuring agreements and insolvency procedures
Amendment 373 #
Proposal for a directive
Article 29 – paragraph 1 – subparagraph 1 – point g b (new)
Article 29 – paragraph 1 – subparagraph 1 – point g b (new)
(gb) the number of fraudulent restructuring and insolvency procedures and the functioning of enforcement mechanisms in place
Amendment 376 #
Proposal for a directive
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
Amendment 378 #
Proposal for a directive
Article 31 – paragraph 1 – point a a (new)
Article 31 – paragraph 1 – point a a (new)
(aa) Directive 2008/94/EC concerning the protection of employees in the event of insolvency of an employer.
Amendment 379 #
Proposal for a directive
Article 31 – paragraph 2
Article 31 – paragraph 2
2. This Directive shall be without prejudice to workers' rights guaranteed by Directives 98/59/EC, 2001/23/EC, 2002/14EC, 2008/94/EC and 2009/38/EC and the European Charter of Fundamental Rights.