11 Amendments of Elisabeth SCHROEDTER related to 2008/0414(COD)
Amendment 9 #
Proposal for a directive
Recital 9
Recital 9
(9) This Directive is part of the Community framework intended to support and complement the action taken by Member States in the field of information and consultation of employees. This framework should keep to a minimum the burden on undertakings or establishments while ensuringensure the effective exercise of the rights granted.
Amendment 11 #
Proposal for a directive
Recital 16
Recital 16
(16) The transnational character of a matter should be determined by taking account of both the scope of its potential effects, and the level of management and representation that it involves. For this purpose, matters which concern the entire undertaking or group or at least two Member States, or which exceed the powers of the decision- making bodies in a single Member State in which employees that will be affected are employed, are considered to be transnational.
Amendment 14 #
Proposal for a directive
Recital 37
Recital 37
(37) This Directive should be without prejudice to the information and consultation procedures referred to in Directive 2002/14/EC of the European Parliament and of Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community, in particular Article 9 thereof, and to the specific procedures referred to in Article 2 of Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies and Article 7 of Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses.
Amendment 16 #
Proposal for a directive
Recital 39
Recital 39
(39) Where the structure of the undertaking or group of undertakings changes significantly, for example, due to a merger, acquisition or division, or a substantial change in its influence on the market, the existing European Works Council(s) must be adapted. This adaptation must be carried out as a priority pursuant to the clauses of the applicable agreement, if such clauses permit the required adaptation to be carried out. If this is not the case and a request establishing the need is made, negotiations, in which the members of the existing European Works Council(s) must be involved, will commence on a new agreement. In order to permit the information and consultation of employees during the often decisive period when the structure is changed, the existing European Works Council(s) must be able to continue to operate, possibly with adaptations, until a new agreement is concluded. Once a new agreement is signed, the previously established councils must be dissolved, and the agreements instituting them must be terminated, regardless of their provisions on validity or termination.
Amendment 27 #
Proposal for a directive
Article 5 – paragraph 4 – subparagraph 2
Article 5 – paragraph 4 – subparagraph 2
Following that meeting, the central management shall convene further meetings with the special negotiating body, on a regular basis and without unnecessary delay, until an agreement is reached. Before and after any meeting with the central management, the special negotiating body shall be entitled to meet, using the necessary means for communication, without representatives of the central management being present.
Amendment 30 #
Proposal for a directive
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. The information provided to, and consultation of the European Works Council shall relate to the matters referred to in point 1(a) of Annex I.
Amendment 41 #
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
4. This Directive shall be without prejudice to the information and consultation procedures referred to in Directive 2002/14/EC, in particular Article 9 thereof, and to the specific procedures referred to in Article 2 of Directive 98/59/EC and Article 7 of Directive 2001/23/EC.
Amendment 43 #
Proposal for a directive
Article 14
Article 14
Amendment 45 #
Proposal for a directive
Annex I – point 1 – point a – paragraph 2
Annex I – point 1 – point a – paragraph 2
The information and consultation of the European Works Council shall relate in particular to the structure, economic and financial situation, probable development and production and sales of the Community-scale undertaking or group of undertakings. The information and consultation of the European Works Council shall relate in particular to, the situation and probable trend of employment, investments, and substantial changes concerning organisation, introduction of new working methods or production processes, transfers of production, mergers, cut-backs or closures of undertakings, establishments or important parts thereof, and collective redundancies.
Amendment 50 #
Proposal for a directive
Annex I – point 2
Annex I – point 2
2. The European Works Council shall have the right to meet with the central management once a year, to be informed and consulted, on the basis of a report drawn up by the central management, on the progress of the business of the Community-scale undertaking or Community-scale group of undertakings and its prospects. The local managements shall be informed accordingly. Before and after any meeting with the central management, the employee representatives shall be entitled to meet, using the necessary means for communication, without representatives of the central management being present.
Amendment 55 #
Proposal for a directive
Annex I – point 3 – paragraphs 1 and 2
Annex I – point 3 – paragraphs 1 and 2
3. Where there are exceptional circumstancesF or decisionproposed measures affecting the employees' interests to a considerable extent, particularly in the event of relocations, the closure of establishments or undertakings or collective redundancies, the select committee or, where no such committee exists, the European Works Council shall have the right to be informed. It shall have the right to meet, at its request, the central management, or any other more appropriate level of management within the Community-scale undertaking or group of undertakings having its own powers of decision, so as to be informed and consulted. Those members of the European Works Council who have been elected or appointed by the establishments and/or undertakings which are directly concerned by the circumstances or decisionproposed measures in question shall also have the right to participate where a meeting is organised with the select committee.