19 Amendments of Abir AL-SAHLANI related to 2024/0006(COD)
Amendment 95 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2009/38/EC
Article 1 – paragraph 4 – subparagraph 1
Article 1 – paragraph 4 – subparagraph 1
4. Matters shall be considered to be transnational where they can reasonably be expected to concern the Community- scale undertaking or Community-scale group of undertakings as a whole, or at least two undertakings or establishments of the undertaking or group situated in two different Member States.
Amendment 101 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2009/38/EC
Article 1 – paragraph 4 – subparagraph 2
Article 1 – paragraph 4 – subparagraph 2
Those conditions shall be deemed to be met where: the measures considered by management of the Community-scale undertaking or Community-scale group of undertakings affect workers in undertakings or establishments in more than one Member State.
Amendment 105 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2009/38/EC
Article 1 – paragraph 4 – subparagraph 2 – point a
Article 1 – paragraph 4 – subparagraph 2 – point a
Amendment 114 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2009/38/EC
Article 1 – paragraph 4 – subparagraph 2 – point b
Article 1 – paragraph 4 – subparagraph 2 – point b
Amendment 163 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b – indent 1
Article 1 – paragraph 1 – point 3 – point b – indent 1
Directive 2009/38/EC
Article 5 – paragraph 6 – subparagraph 1
Article 5 – paragraph 6 – subparagraph 1
“These expenses shall include reasonable costs of experts, including for legal assistance, insofar as necessary for that purpose, as well as reasonable costs of legal representation and participation in administrative or judicial proceedings. Expenses shall be notified to central management before they are incurred. Expenses shall be notified to and approved by central management before they are incurred. Member States may in particular limit the funding to cover one expert only.”;
Amendment 179 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a – indent 1
Article 1 – paragraph 1 – point 4 – point a – indent 1
Directive 2009/38/EC
Article 6 – paragraph 2 – point d
Article 6 – paragraph 2 – point d
(d) the format,offline or online format, in person or digital venue, frequency and duration of meetings of the European Works Council;”;
Amendment 189 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a – indent 2
Article 1 – paragraph 1 – point 4 – point a – indent 2
Directive 2009/38/EC
Article 6 – paragraph 2 – point f – indent 1
Article 6 – paragraph 2 – point f – indent 1
– the possible use of experts, including legal experts, to assist the European Works Council in the discharge of its functions;
Amendment 200 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a – indent 2
Article 1 – paragraph 1 – point 4 – point a – indent 2
Directive 2009/38/EC
Article 6 – paragraph 2 – point f - indent 3
Article 6 – paragraph 2 – point f - indent 3
– the provision of necessary and relevant training to the members of the European Works Council, without prejudice to the minimum requirement in Article 10(4), first subparagraph;”;
Amendment 214 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point b
Article 1 – paragraph 1 – point 4 – point b
Directive 2009/38/EC
Article 6 – paragraph 2 a
Article 6 – paragraph 2 a
“2a. The central management and the special negotiating body, when negotiating or renegotiating a European Works Council agreement, shall agree and lay down the necessary arrangements for attaining, as far as possible, and without prejudice to national laws on electing workers representatives, the objective of gender balance whereby, striving to achieve representation of women and men each comprise at least 40 % of European Works Council members, and where applicable, at least 40 % of select committee members.”;
Amendment 240 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2009/38/EC
Article 8 a – paragraph 1 – subparagraph 2
Article 8 a – paragraph 1 – subparagraph 2
Amendment 245 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2009/38/EC
Article 8 a – paragraph 2
Article 8 a – paragraph 2
Amendment 257 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2009/38/EC
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Consultation shall take place at such time, in such fashion and with such content as it enables employees’ representatives to express an opinion prior to the adoption of the decision and based on the information provided in accordance with paragraph 2, without prejudice to the responsibilities of the management, and within a reasonable time taking into account the urgency of the matter. The employees’ representatives shall be entitled to a reasoned written response from the central management or any more appropriate level of management prior to the adopimplementation of the decision on the measures in question, provided the employee representatives expressed their opinion within a reasonable time in accordance with the first sentence.
Amendment 270 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2009/38/EC
Article 10 – paragraph 4
Article 10 – paragraph 4
4. In so far as this is necessary for and directly linked to the exercise of their representative duties in an international environment, the members of the special negotiating body and of the European Works Council shall be provided with training without loss of wages.
Amendment 279 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Directive 2009/38/EC
Article 11 – paragraph 2 – subparagraph 1 – point a
Article 11 – paragraph 2 – subparagraph 1 – point a
(a) adequate procedures are available to enable the rights and obligations deriving from this Directive to be enforced in a timely and effective manner;, and shall not encompass preliminary injunctions aimed at the temporary suspension of decisions made by the central management.
Amendment 292 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Directive 2009/38/EC
Article 11 – paragraph 2 – subparagraph 2
Article 11 – paragraph 2 – subparagraph 2
In the event of failure to comply with the national provisions transposing the obligations under Article 9(2) and (3), Member States shall provide for pecuniary sanctions, to be determined considering the criteria listed in the third subparagraph of this paragraph, without prejudice to the possibility to provide for other types of sanctions in addition.
Amendment 298 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Directive 2009/38/EC
Article 11 – paragraph 2 – subparagraph 3
Article 11 – paragraph 2 – subparagraph 3
For the purposes of point (b), of the first subparagraph, Member States shall take into consideration, when determining penalties, the gravity, duration, consequences, and the intentional or negligent nature of the offence, and in respect of pecuniary sanctions, also the size and financial situation of the sanctioned undertaking or group, and any other relevant criteria.”;
Amendment 304 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point c
Article 1 – paragraph 1 – point 9 – point c
Directive 2009/38/EC
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 317 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2009/38/EC
Article 14 a – paragraph 1
Article 14 a – paragraph 1
1. WThere, following the transposition of [OP: insert reference to this amending Directive], obligations arising from this Directive under Article 6 shall not automatically be applicable to a European Works Council agreement or agreement on an information and consultation procedure concluded before [OP: insert date from which the transposing provisions are to apply, set out in the Article 2(1), 2nd subpar. of this amending Directive] in accordance with Articles 5 and 6 of Directive 94/45/EC or Articles 5 and 6 of this Directive is not in conformity with any of the requirements applicable to that agreement as a consequence of the amendments provided for in [OP: insert reference to this amending Directive], central management shall initiate negotiations to adapt that agreement at the written request of at least 100 employees or their representatives in at least two undertakings or establishments in at least two different Member States. Central management may also initiate such negotiations on its own initiative.
Amendment 320 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2009/38/EC
Article 14 a – paragraph 1 a (new)
Article 14 a – paragraph 1 a (new)
1a. If a European Works Council agreement or agreement on an information and consultation agreement referred to in paragraph one is not in conformity with any of the requirements in Article 6 of the amendments provided for in [OP: insert reference to this amending Directive], central management shall however initiate negotiations to adapt that agreement at the written request of at least 100 employees or their representatives in at least two undertakings or establishments in at least two different Member States. Central management may also initiate such negotiations on its own initiative. After such a renegotiation procedure, the obligations arising from this Directive shall apply.