12 Amendments of Kostadinka KUNEVA related to 2016/0359(COD)
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 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 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 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.