21 Amendments of Mounir SATOURI related to 2019/2183(INL)
Amendment 2 #
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
— having regard to its resolution of 21 January 2021 on the new EU Strategy for Gender Equality1a, _______________________ 1a Texts adopted, P9_TA(2021)0025
Amendment 10 #
Motion for a resolution
Recital B
Recital B
B. whereas around 1 200 European Work Councils (EWCs) currently exist in the Union, with 18 000 individual representatives10; whereas, in 2018, only 15% of European Works Council members were women; __________________ 10 European Economic and Social Committee study of 31 August 2020, p 25.
Amendment 11 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas studies have shown that European Works Councils have a positive impact in the transition to a carbon- neutral and climate-neutral economy based on sustainable and circular use of resources and gender equality, and that they improve the organisation of work and decision-making;
Amendment 59 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers that it is vital to increase the number of European Works Councils and ensure that they can effectively exercise their right of information and consultation, not just to help enforce the right to decent work in a safe environment, but also to ensure the transition to a climate-neutral digital economy;
Amendment 61 #
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Considers that gender equality is required at all levels to ensure that workplaces are participatory; deplores the fact that much remains to be done to ensure equal opportunities in all aspects of worker participation in the EU, and adequate representation of workers with disabilities; calls for further action to be taken within European Works Councils to ensure gender balance and equality, in terms of both the number of seats occupied by workers and the council as a whole; notes that male/female quotas help to achieve greater diversity, as well as gender equality and equity in all decision- making bodies;
Amendment 157 #
Motion for a resolution
Annex I – paragraph 1 – point 2 – point g
Annex I – paragraph 1 – point 2 – point g
“(g) ‘consultation’ means the establishment of dialogue and exchange of views between employees’ representatives and central management or any more appropriate level of management, at such time, in such fashion and with such content as enables employees’ representatives to express a prior opinion on the basis of the information provided about the proposed measures to which the consultation is related, without prejudice to the responsibilities of the management, and within a reasonable time, which is to be taken into account and inform a reasoned reply within the Community- scale undertaking or Community-scale group of undertakings;”;
Amendment 162 #
Motion for a resolution
Annex I – paragraph 1 – point 2 a (new)
Annex I – paragraph 1 – point 2 a (new)
2a. NEW Article 3(1) 1. For the purposes of this Directive, ‘controlling undertaking’ means an undertaking which can exercise a dominant influence over another undertaking (the controlled undertaking) by virtue, for example, of ownership, financial participation or participation in the decision-making process, or the rules which govern it. Joint venture systems and franchising and/or licensing agreements shall be presumed to be covered by this Directive.
Amendment 167 #
Motion for a resolution
Annex I – paragraph 1 – point 2 b (new)
Annex I – paragraph 1 – point 2 b (new)
2b. NEW Article 5(2) 2. For this purpose, a special negotiating body shall be established within a maximum of six months in accordance with the following guidelines:
Amendment 178 #
Motion for a resolution
Annex I – paragraph 1 – point 3 – paragraph 1
Annex I – paragraph 1 – point 3 – paragraph 1
“— where the special negotiating body has not been regularly convened at least once every quarter; — where, after onetwo years from the date of this request, they are unable to conclude an agreement as laid down in Article 6 and the special negotiating body has not taken the decision provided for in Article 5(5).”;
Amendment 190 #
Motion for a resolution
Annex I – paragraph 1 – point 4 – paragraph 3 – subparagraph 1
Annex I – paragraph 1 – point 4 – paragraph 3 – subparagraph 1
This paragraph shall not apply to members of the European Works Council who pass on information to national or local work councils that may affect the situation of workers where such information has been provided to them in confidence and is subject to national rules on confidentiality, however, to communication between the European Works Council and national or local employees’ representatives and the competent recognised trade union organisation.
Amendment 194 #
Motion for a resolution
Annex I – paragraph 1 – point 4 – paragraph 4
Annex I – paragraph 1 – point 4 – paragraph 4
2. Each Member State shall define, in specific and substantiated cases and under the conditions and limits laid down by national legislation, that the central management situated in its territory is not obliged to transmit information when its nature is such that, according to objective criteria, which it must communicate to the European Works Council or to the special negotiating body, it would seriously harm the functioning of the undertakings concerned or would be prejudicial to them.
Amendment 196 #
Motion for a resolution
Annex I – paragraph 1 – point 4 – paragraph 5
Annex I – paragraph 1 – point 4 – paragraph 5
A Member State shall make such dispensation subject to prior administrative or judicial authorisation. It shall also ensure that the European Works Council or the special negotiating body has the legal capacity to request the review of the classification initially accepted by an urgent administrative or judicial decision.
Amendment 198 #
Motion for a resolution
Annex I – paragraph 1 – point 5
Annex I – paragraph 1 – point 5
(5) in Article 9, the following paragraph is added: The central management shall in all circumstances initiate the information and consultation procedure so that the European Works Council can consult local and national employees’ representatives and express its opinion within the time limits of the procedure.
Amendment 205 #
Motion for a resolution
Annex I – paragraph 1 – point 5 b (new)
Annex I – paragraph 1 – point 5 b (new)
5b. NEW Article 9 The European Works Council may be assisted by experts of its choice, including representatives of competent trade union organisations recognised at EU level. At the request of the European Works Council, such experts and such trade union representatives shall attend meetings of the European Works Council and meetings with the central management in an advisory capacity.
Amendment 207 #
Motion for a resolution
Annex I – paragraph 1 – point 5 a (new)
Annex I – paragraph 1 – point 5 a (new)
5a. NEW Article 10(1) 1. Without prejudice to the competence of other bodies or organisations in this respect, the members of the special negotiating body or the European Works Council shall have the means required to apply the rights arising from this Directive to represent collectively the interests of the employees of the Community-scale undertaking or Community-scale group of undertakings, and the legal capacity to seek redress before the competent judicial authorities.
Amendment 218 #
Motion for a resolution
Annex I – paragraph 1 – point 6 – point a – paragraph 2
Annex I – paragraph 1 – point 6 – point a – paragraph 2
Member States shall establish procedures to enablehat can be accessed in a timely manner by European Works Councils and special negotiating bodies as legal persons to enable: - the temporary suspensinjunction of decisions of the central management where such, and of individual effects arising for workers from such decisions, where said decisions are challenged on the basis that there has been an infringement of the information and consultation requirements under this Directive or under agreements concluded pursuant thereto; - retroactive sanctions in cases where a Community-scale undertaking or Community-scale group of undertakings is found guilty of having infringed the obligations arising from this Directive, but has already implemented transnational decisions.”;
Amendment 233 #
Motion for a resolution
Annex I – paragraph 1 – point 6 – point b – paragraph 1
Annex I – paragraph 1 – point 6 – point b – paragraph 1
“The central management shall bear in full the direct costs incurred in carrying out the procedures, including the costs of legal representation and the subsidiary costs such as subsistence and travel expenses for at least one workers’ representativerepresentatives of the European Works Council.”;
Amendment 236 #
Motion for a resolution
Annex I – paragraph 1 – point 6 a (new)
Annex I – paragraph 1 – point 6 a (new)
6a. NEW Article 11(1)(a) Member States shall ensure that trade unions represented in the Community- scale undertaking and in undertakings which form part of a Community-scale group of undertakings can engage, either on behalf of or in support of employees’ representatives, with European Works Councils and/or special negotiating bodies in any procedures established for the purpose of implementing this Directive.
Amendment 267 #
Motion for a resolution
Annex I – paragraph 1 – point 7 a (new)
Annex I – paragraph 1 – point 7 a (new)
Amendment 268 #
Motion for a resolution
Annex I – paragraph 1 – point 8
Annex I – paragraph 1 – point 8
Amendment 293 #
Motion for a resolution
Annex I – paragraph 1 – point 9 – paragraph 1
Annex I – paragraph 1 – point 9 – paragraph 1
“The European Works Council shall have the right to meet with the central management at least twice 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.”