12 Amendments of Sylvia-Yvonne KAUFMANN related to 2016/2065(INI)
Amendment 1 #
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
- having regard to its resolution of 12 March 2009 on employees' participation in companies with a European statute and other accompanying measures1a , _________________ 1a Texts adopted, P7_TA(2009)0131
Amendment 2 #
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
- having regard to the report on workers representation on board level in Europe (2015/2222(INI)),
Amendment 9 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas any new initiative in European company law without high standards for workers' participation might lead to further circumvention of national laws on workers' participation;
Amendment 11 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas the relevant EU acquis provides for a wide set of information, consultation and participation rights for workers; whereas Directive 2009/38/EC1a and Directive 2005/56/CE, guarantee cross-border workers' participation and set the principle of pre-existing rights; whereas it is considered that those workers’ rights should also be protected in case of transfer of seat; _________________ 1aDirective 2009/38/EC of the European Parliament and of the Council of 6 May 2009 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees (Recast)
Amendment 12 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas all new initiatives in European company law should be based on an in-depth evaluation and assessment of existing company law forms, the relevant judgements of the Court of Justice of the European Union on cross- board mobility of companies, and on impact assessments reflecting the interests of all stakeholders, including shareholders, creditors, investors and workers, ensuring the principles of subsidiarity and proportionality;
Amendment 18 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Calls on the Commission to start a consultation on the basis of Article 154 TFEU with the social partners in order to evaluate the provisions on workers' information, consultation and participation in the European single market and to further promote, enhance and strengthen the existing provisions to ensure a European-wide protection of workers' rights, especially their right to information, consultation and participation in supervisory boards;
Amendment 23 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. calls on the Commission to submit a proposal for o directive on European standards for workers' participation in European company law forms and in company boards created under European law;
Amendment 24 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls, with respect to the number of workers' representatives sitting on the supervisory boards of companies, including direct or indirect subsidiaries, for a new directive introducing a "workers board-level representation- escalator" increasing parity depending on the size of the company in the following manner: a low proportion of workers' board-level representation (2 or 3 representatives) would be applied to small companies with 50 to 250 employees; a higher proportion (one third) of participation for companies with 250 to 1,000 employees; a robust parity (half of the seats) for big companies with more than 1,000 employees;
Amendment 41 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Acknowledges the importance of the inclusion in the Directive on cross- border mergers of the rules which apply to the European company (SE) regarding workers’ rights' rights; recalls that in Directive 2005/56/EC the standards of workers' rights to information and consultation are set at a high level and should therefore constitute a model; hopes that the new provisions concerning workers’' rights will be so framed as to prevent certain undertakings from using the Directive on cross-border mergers with the sole aim of transferring their registered office or head office for fiscal, social and legal reasons; stresses the importance of eliminating ambiguities in the application of penalties for failure to respect the criteria of information, consultation and co- determination of workers;
Amendment 52 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recalls that Directive 82/891/EEC only regulates divisions of undertakings within a Member State; notes that specific cases involving divisions of undertakings between different Member States are rarer; stresses that a possible new Directive should not be used as a formal instrument for divisions in an undertaking for the purpose of forum shopping to avoid legal obligations under national law;
Amendment 60 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Calls on the Commission, the Council and the Member States to respect and protect all forms of workers' involvement in supervisory boards that exist on national level; considers that every attempt to circumvent or breach existing legislation obliging companies to involve workers in their decisions should be tackled with European rules;
Amendment 64 #
Motion for a resolution
Paragraph 18 – indent 3
Paragraph 18 – indent 3
- participation by, and safeguarding of, workers, requiring the same forms of information and consultation, with the aim of enhancing workers' protection, in particular against social dumping;