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38 Amendments of Enrique CALVET CHAMBON related to 2015/2222(INI)

Amendment 1 #
Motion for a resolution
Title
on workers representation on boardat corporate level in Europe
2016/04/06
Committee: EMPL
Amendment 10 #
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 democracyrespect for democratic values in all fields;
2016/04/06
Committee: EMPL
Amendment 17 #
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, depending on the context, an appropriate level of involvement of employees at corporate level may prove beneficial for good economic governance provided this idoes not a matter of legislative burdens which may be tackled by cutting red tape and by deregulationlimit the freedom of businesses to organise themselves;
2016/04/06
Committee: EMPL
Amendment 34 #
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-EPI owing to differences in business and trade union structure and how workers are represented, all of which may have a positive effect on company management;
2016/04/06
Committee: EMPL
Amendment 43 #
Motion for a resolution
Recital F
F. whereas 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.ab stractdeleted
2016/04/06
Committee: EMPL
Amendment 51 #
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 60 #
Motion for a resolution
Recital J
J. whereas future corporate management will only be successful with a long-term, sustainable approach which includes all stakeholders18; __________________ 18http://de.worker-participation.eu/Ueber- WP.eu/Publications/The-Sustainable- Company-a-new-approach-to-corporate- governance;
2016/04/06
Committee: EMPL
Amendment 67 #
Motion for a resolution
Recital K
K. whereas the existing form of the European Company (SE) is also used to avoid nationalenables different forms of worker participation in companies, in line with the management system in force and the company’s freedom to establish its own statutes;
2016/04/06
Committee: EMPL
Amendment 72 #
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 79 #
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 accounthave to comply with labour law;
2016/04/06
Committee: EMPL
Amendment 83 #
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 levelthe freedom of businesses to act and the right to worker representation must be respected and brought up to date, so they co-exist in the framework of good corporate governance;
2016/04/06
Committee: EMPL
Amendment 91 #
Motion for a resolution
Recital O
O. whereas there do not yet exist at EU level any general standards for employee representation on supervisory boardsat corporate level;
2016/04/06
Committee: EMPL
Amendment 98 #
Motion for a resolution
Recital P
P. whereas the adoption of any further legislative acts in European company law without tshall whe regulation of pertinent take worker participation will lead to a further erosion of national rulesinto account;
2016/04/06
Committee: EMPL
Amendment 101 #
Motion for a resolution
Subheading 1
Worker representation on supervisory boards – general requirementat corporate level – general observations
2016/04/06
Committee: EMPL
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 supervisory boardcorporate level;
2016/04/06
Committee: EMPL
Amendment 110 #
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 and good examples concerning employee representation on supervisory boardsat corporate level; points out that they should examine in particular corporate level employee representation at enterprise, local, regional and national levels, as well as at transnational and European supervisory board levelslevel, assessing in turn to what extent the working, business and trade union culture of each Member State may affect the efficiency thereof;
2016/04/06
Committee: EMPL
Amendment 124 #
Motion for a resolution
Paragraph 3
3. Calls on the Commission to ensure that provision is made fortake into account findings from studies and evaluations of employee representation at supervisory boardcorporate level iwhen drafting all new EU legislative acts or revising existing ones in the context of European company law in order to further corporate governance;
2016/04/06
Committee: EMPL
Amendment 129 #
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;deleted
2016/04/06
Committee: EMPL
Amendment 142 #
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;deleted
2016/04/06
Committee: EMPL
Amendment 148 #
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 because frequently ignored until it is too late or not sufficiently taken into account;deleted
2016/04/06
Committee: EMPL
Amendment 156 #
Motion for a resolution
Subheading 2
RequirementSuggestions in respect of how to update existing directives regarding employee representation oin supervisory boardcorporate bodies
2016/04/06
Committee: EMPL
Amendment 160 #
Motion for a resolution
Paragraph 7
7. Calls onRecommends that the Commission to introduce in the Directiveakes account of the results of studies and assessments onf the European Company (SE) minimum EU rules governingsocioeconomic effects and consequences of employee representation oin supervisory boards, rather than referring to national law or revcorporate bodies of companies in any amendment to existing the Ddirective 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 employeess affecting this issue and which can help improve corporate governance;
2016/04/06
Committee: EMPL
Amendment 170 #
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 182 #
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; __________________ 21 OJ L 142, 30.4.2004, p. 12.deleted
2016/04/06
Committee: EMPL
Amendment 187 #
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; __________________ 22Resolution of 10 March 2009 with recommendations to the Commission on the cross-border transfer of the registered office of a company.deleted
2016/04/06
Committee: EMPL
Amendment 197 #
Motion for a resolution
Subheading 3
RequirementSuggestions in respect of a directive on worker representation on supervisory boards applicable to all directives regarding European exchange of best practices and reflections on a possible European framework on worker representation in corporate lawbodies
2016/04/06
Committee: EMPL
Amendment 201 #
Motion for a resolution
Paragraph 11
11. Calls on the Commission to develop standards forinitiatives to improve familiarity with rules governing employee representation oin supervisory boards that can be applied as a universal model in the form of a directive to all European corporate law directives which takes into account, but does not replacorporate bodies in the various EU Member States and foster exchanges of best practices, existing rules on informassessing the different forms of worker participations and consultationthe socioeconomic effects thereof;
2016/04/06
Committee: EMPL
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;
2016/04/06
Committee: EMPL
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;
2016/04/06
Committee: EMPL
Amendment 213 #
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 221 #
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;deleted
2016/04/06
Committee: EMPL
Amendment 229 #
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; __________________ 23 e.g. Article 95 AktG, Austria.deleted
2016/04/06
Committee: EMPL
Amendment 236 #
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 242 #
Motion for a resolution
Paragraph 16
16. Demands that steps be taken, in appointing the supervisory board, to ensure that the sexes are represented according to the gender ratio in the company's workforce; calls on the Council in this connection to expedite the Parliament-backed proposal for a Directive of the European Parliament and of the Council on improving the gender balance among non-executive directors of companies listed on stock exchanges and related measures24; __________________ 24deleted COM(2012)0614.
2016/04/06
Committee: EMPL
Amendment 254 #
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 265 #
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 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 supervisory boardcorporate bodies, European Works Councils or other I & C representatives and worker representations at national, regional and local levels;
2016/04/06
Committee: EMPL
Amendment 275 #
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