BETA

36 Amendments of Tom VANDENKENDELAERE related to 2015/2222(INI)

Amendment 2 #
Motion for a resolution
Citation 2 a (new)
- having regard to Article 5(1) TEU,
2016/04/06
Committee: EMPL
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,
2016/04/06
Committee: EMPL
Amendment 4 #
Motion for a resolution
Citation 18
- having regard to the resolution of the European Trade Union Congress of 22 October 2014 'Towards a new framework for more democracy at work'12, __________________ 12 https://www.etuc.org/sites/www.etuc.org/fi les/document/files/resolution_democracy_ in_the_workplace_en.pdfdeleted
2016/04/06
Committee: EMPL
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 democracy, including economic democracya highly competitive social market economy geared to full employment and social progress, in which the social partners should play an important part;
2016/04/06
Committee: EMPL
Amendment 16 #
Motion for a resolution
Recital B
B. whereas the involvement of employees in supervisory boards is a crucial step in the further democratisation of the economy, whereby this is not a matter of legislative burdens which may be tackled by cutting red tape and by deregulationpossible step towards good corporate governance, but this step must not result in any additional regulatory burden on the competitiveness of businesses;
2016/04/06
Committee: EMPL
Amendment 26 #
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 only by the pre-emptive framing of the economy and industrial relationesent new opportunities for participation by employees in undertakings;
2016/04/06
Committee: EMPL
Amendment 36 #
Motion for a resolution
Recital E
E. whereas the scope and intensity of worker participation vary greatly, but it has proved effective, and whereas the countries concerned are essentially economically successful ones16; __________________ 16http://www.worker- participation.eu/About-WP/European- Participation-Index-EPIand this situation has developed historically in each Member State;
2016/04/06
Committee: EMPL
Amendment 42 #
Motion for a resolution
Recital F
F. whereas companies with worker 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.ab stract
2016/04/06
Committee: EMPL
Amendment 53 #
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;deleted
2016/04/06
Committee: EMPL
Amendment 61 #
Motion for a resolution
Recital J
J. whereas future corporate management will only be successful with a long-term, sustainable approach which includes all stakeholdinvolving all relevant stakeholders, such as the social partners18; __________________ 18 http://de.worker-participation.eu/Ueber- WP.eu/Publications/The-Sustainable- Company-a-new-approach-to-corporate- governance
2016/04/06
Committee: EMPL
Amendment 66 #
Motion for a resolution
Recital K
K. whereas the ex, when registering form of thea European Company (SE) is also used to avoid national forms of worker participation in companie, an agreement must be reached with the staff, permitting them a say in the supervision of the company's business;
2016/04/06
Committee: EMPL
Amendment 71 #
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 therefore rejected this proposal in its opinion of 29 June 201520; __________________ 19 20deleted COM(2014) 0212. PE549.466v02-00.
2016/04/06
Committee: EMPL
Amendment 77 #
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;deleted
2016/04/06
Committee: EMPL
Amendment 81 #
Motion for a resolution
Recital N
N. whereas giving priority to the fundamental economic freedoms in the European Union often leads to the erosion of the national worker representation, not only at supervisory board level;deleted
2016/04/06
Committee: EMPL
Amendment 90 #
Motion for a resolution
Recital O
O. whereasnoting that there do not yet exist at EU level any general standards for employee representation on supervisory boards, and that such standards have so far been adopted at Member State level;
2016/04/06
Committee: EMPL
Amendment 94 #
Motion for a resolution
Recital P
P. whereas the adoption of any further legislative acts in European company law without the regulation of worker participation will lead to a further erosion of national rules;deleted
2016/04/06
Committee: EMPL
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 gooddifferent examples relating to worker representation at supervisory board level;
2016/04/06
Committee: EMPL
Amendment 111 #
Motion for a resolution
Paragraph 2
2. Calls on the Commission to establish permanent joint expert groups of the social partners tasked with gathering over a lengthy period of time information on the development andgather good examples concerning employee representation on supervisory boards; points out that ithey should examine in particular employee representation at enterprise, local, regional and national levels, as well as at transnational and European supervisory board levels;
2016/04/06
Committee: EMPL
Amendment 123 #
Motion for a resolution
Paragraph 3
3. Calls onSuggests that the Commission to ensure that provision is made forshould respect the specific character and diversity of employee representation at supervisory board level in each Member State in drafting all new EU legislative acts or revising existing ones in the context of European company law;
2016/04/06
Committee: EMPL
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 by making appropriate changes in the relevant European Treaties or legislative acts;
2016/04/06
Committee: EMPL
Amendment 141 #
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 participation through an appropriate impact assessment procedure and take appropriate measures to counter any adverse consequences;
2016/04/06
Committee: EMPL
Amendment 151 #
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 bodies responsible for employment because their opinions are frequently ignored until it is too late or not sufficiently taken into accountand with the social partners;
2016/04/06
Committee: EMPL
Amendment 157 #
Motion for a resolution
Subheading 2
RequirementPossible suggestions in respect of existing directives regarding employee representation on supervisory boards
2016/04/06
Committee: EMPL
Amendment 161 #
Motion for a resolution
Paragraph 7
7. Calls onReminds the Commission to introduce inhat the Directive on the European Company (SE) imposes 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 employeespermitting Member States to opt for a model which best suits their national traditions of employee representation, and permits employees' representatives and the founders of a European Company to opt for the model most appropriate to their social environment;
2016/04/06
Committee: EMPL
Amendment 169 #
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, rather than referring to national legislation;deleted
2016/04/06
Committee: EMPL
Amendment 181 #
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; __________________ 21deleted OJ L 142, 30.4.2004, p. 12.
2016/04/06
Committee: EMPL
Amendment 188 #
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 recommendations to the Commission on the cross-border transfer of the registered office of a company.deleted Resolution of 10 March 2009 with
2016/04/06
Committee: EMPL
Amendment 199 #
Motion for a resolution
Subheading 3
RequirementPossible suggestions in respect of a directive on worker representation on supervisory boards applicable to all directives regarding European corporate law
2016/04/06
Committee: EMPL
Amendment 202 #
Motion for a resolution
Paragraph 11
11. Calls onSuggests that, if the Commission to develops 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 which, it should do so in consultation with the social partners, and that these rules should takes into account, but does not replace, existing rules on information and consultation, and should not be intended to bring about harmonisation between Member States;
2016/04/06
Committee: EMPL
Amendment 212 #
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;deleted
2016/04/06
Committee: EMPL
Amendment 222 #
Motion for a resolution
Paragraph 13
13. 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’s right to manage the company;
2016/04/06
Committee: EMPL
Amendment 228 #
Motion for a resolution
Paragraph 14
14. Suggests that the nature and scope of decisions requiring approval should be determined in this directive by minimum standards, which should be further development by rules in the Member States23; __________________ 23e.gdeleted Article 95 AktG, Austria.
2016/04/06
Committee: EMPL
Amendment 237 #
Motion for a resolution
Paragraph 15
15. Stresses that workers' representatives on supervisory boards should have the same rights and powers as the representatives of the management and / or the owner;deleted
2016/04/06
Committee: EMPL
Amendment 255 #
Motion for a resolution
Paragraph 17
17. Demands that this Directive ensure that the representatives of the workforce may be from affiliated companies and, in the case of transnational companies, may also originate from another Member State and that trade union representatives of may also be put forward and elected as external representatives;deleted
2016/04/06
Committee: EMPL
Amendment 261 #
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; __________________ 25In Sweden from 50 workers.deleted
2016/04/06
Committee: EMPL
Amendment 276 #
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;deleted
2016/04/06
Committee: EMPL