27 Amendments of Jordi CAÑAS related to 2019/2183(INL)
Amendment 3 #
Motion for a resolution
Citation 19
Citation 19
— having regard to Articles 12, 27, 28, 30, 31 and 3147 of the Charter of Fundamental Rights of the European Union,
Amendment 4 #
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas social dialogue is a key element of the European social model and whereas EWCs reflect the importance attached to workers’ representation, thus reinforcing social dialogue;
Amendment 5 #
Motion for a resolution
Recital -A a (new)
Recital -A a (new)
-Aa. whereas EWCs play a significant role in ensuring the proper management of multinational companies;
Amendment 12 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Amendment 22 #
Motion for a resolution
Recital E
Recital E
E. whereas EWCs do not have direct access to justice in many Member States13 but only in four Member States, allowing EWC representatives to initiate judicial proceedings on behalf of EWCs; __________________ 13 Commission Staff Working Document of 14 May 2018, p. 34.
Amendment 26 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the Commission has received only one formal complaint on the implementation of Directive 2009/38/EC; whereas litigation cases are limited at national level;
Amendment 28 #
Motion for a resolution
Recital G
Recital G
G. whereas there is evidence that early consultation can have a substantial impact on job security during restructuring processes and that thisworkers’ consultation and participation is essential in ensuring workers’ well-being and can have a positive impact on job quality15 ; __________________ 15 Parliament’s European added value assessment of November 2012.
Amendment 30 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas the success and positive impact of EWCs require a relation of trust between the EWC and the management based on a constructive dialogue that is often influenced by the industrial relations culture in each Member State;
Amendment 36 #
Motion for a resolution
Recital I
Recital I
I. whereas the extensive use of confidentiality clauses, although justified in certain cases, based on Article 8 of Directive 2009/38/EC can constitutes an obstacle for effective information and consultation rights17 ; __________________ 17 Commission Staff Working Document of 14 May 2018, p. 27-28.
Amendment 56 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that participinformation, participation and consultation rights play a crucial role in a functioning of the social market economy; stresses that EWCs are one of the instruments that enhance democracy at the workplace;
Amendment 71 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines that the definition and consequent interpretation of what matters are to be regarded as ‘transnational issues’ remains vague and subject to interpretation, thus resultsing in a fragmented implementation by the Member States; highlights that the definition needs to be precise and further detailed; stresses in this regard that the scope of possible effects is a missing element which needs to be considered while determining the transnational character of a matter;
Amendment 76 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Regrets that the timely manner of consultation remains an issue where the employees’ representatives opinion may be requested or delivered at a point in time where no meaningful consideration can be taken or when the management decision on the proposed measure has already been taken; regrets that the lack of management obligation to take an opinion into account often results in the input being disregarded or failing to have an actual impact on the proposed measure at hand; and stresses the need to implement meaningful consultation processes while ensuring that the undertaking or group of undertakings can take decisions effectively;
Amendment 80 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Highlights that it is important to ensure great communication between the EWCs and the company’s management, not least based on board level employee representation, to avoid potential missed opportunities for EWCs as regards information, participation and consultation and encourages Member States to set up the right conditions ensuring a good communication and cooperation between the EWCs members and the board level employee representatives;
Amendment 86 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that the three-year timing provision of situations governing the entry into force of subsidiary requirements in the event of a failure to conclude an agreement is excessive and to the disadvantage of workers; underlines that the right of EWCs to have an annual meeting with the central management is insufficient and should be increased provide forto biannual meetings in order to improve the practical functioning , impact and running of EWCs;
Amendment 95 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that in cases of disagreement on whether to undertake an information or consultation procedure, there is a lack of guidance on how to resolve the current negative effects on EWCs and workers representatives; stresses, therefore, the added value that Union initiatives could have in providing such guidance and calls on the new platform for exchange of knowledge to disseminate good practices on how information and consultation procedures need to be carried out;
Amendment 106 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Is concerned about the fragmented and insufficient compliance with Directive 2009/38/EC across the Union; calls in this regard for reinforced procedures and other measures to ensure proper, effective and timely compliance, including the temporary suspension of the implementation of management decisions;
Amendment 111 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Regrets that in many Member States penalties for non-compliance are not effective, dissuasive or proportionate as required by Directive 2009/38/EC; stresses that the provisions governing Member State penalties needs to be strengthened in order to improve compliance with Directive 2009/38/EC, while at the same time ensuring that it does not create disproportionate financial burden to the business, especially in the case of medium-sized companies;
Amendment 113 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Underlines that incentives need to be created in favour of the development of EWCs, their wider use and effective enforcement, thus not limiting the scope of Union and national actions to a punitive approach;
Amendment 122 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. CDeplores the fact that EWCs experience difficulties with protecting their rights of consultation as defined in Directive 2009/38/EC; calls on the Member States to ensure facilitated administrative and legal proceedings for an easy access to justice for EWCs and forasks the specifCommission to explore what implication ofs the legal status of EWCs and Special Negotiating Bodies as legal actorsabsence of a legal personality for EWCs in certain Member States has on the access to justice and to look into whether it constitutes an important factor limiting workers’ access to justice;
Amendment 127 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on Member States to increase the visibility of EWCs and their potential benefits; notes the significant contribution that the exchange of knowledge and best practices can play in the further development of EWCs and in improving their functioning, especially in Member States where their existence is limited; regrets that the handbook initiative undertaken by the Commission could not be finalised as it could be instrumental in providing with more guidance on EWCs’ implementation and proper functioning;
Amendment 130 #
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Calls on Member States to organise specialised trainings on EWCs’ rights, with the commitment of national trade unions to properly inform their members about the functionality of the EWCs, and to allocate resources to awareness raising campaigns;
Amendment 133 #
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Calls on the Commission to raise awareness about the challenges faced by EWCs and the benefits they can bring to undertakings, especially in the case of restructuring and anticipation of changes, and highlight the need to use them in a proactive manner in order to better accompany companies and workers through the adaptation path;
Amendment 134 #
Motion for a resolution
Paragraph 11 d (new)
Paragraph 11 d (new)
11d. Calls on the Commission to put in place a platform to ensure a structured and regular exchange of knowledge across Member States and sectors, including the revival of the expert group established by the Commission during the transposition period of Directive 2009/38/EC, and highlights the importance for this platform to reflect the diversity of EWCs;
Amendment 136 #
Motion for a resolution
Paragraph 11 e (new)
Paragraph 11 e (new)
11e. Calls on the Commission to organise a high level conference in 2023 to mobilise undertakings falling under the scope of Directive 2009/38/EC, social partners within various sectors as well as national labour market institutions on the importance of EWCs in order to put this topic high on the policy agenda;
Amendment 150 #
Motion for a resolution
Annex I – paragraph 1 – point 1 – point b
Annex I – paragraph 1 – point 1 – point b
“7a. In order to determine the transnational character of a matter, the scope of its possible effects must be taken into account. This includes matters which, irrespective of the number of Member States involved, are of concern to European workers in terms of the scope of their potential impact, as well as matters which involve the transfer of activities between Member States.”;
Amendment 239 #
Motion for a resolution
Annex I – paragraph 1 – point 7 – paragraph 2 – point 1
Annex I – paragraph 1 – point 7 – paragraph 2 – point 1
1. Member States shall lay down rules on penalties applicable to infringements of the information and consultation requirements under this Directive or under agreements concluded pursuant thereto. The penalties shall be effective, proportionate and dissuasive and take into account the nature, gravity and duration of the undertaking’s infringement.
Amendment 241 #
Motion for a resolution
Annex I – paragraph 1 – point 7 – paragraph 2 – point 1 a (new)
Annex I – paragraph 1 – point 7 – paragraph 2 – point 1 a (new)
1a. Member States shall ensure that undertakings receiving public money abide by the provisions of this Directive in the performance of their public contracts in line with the social clause of the public procurement Directive 2014/24/EU.