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34 Amendments of Lucia ĎURIŠ NICHOLSONOVÁ related to 2019/2183(INL)

Amendment 3 #
Motion for a resolution
Citation 19
— having regard to Articles 12, 27, 28, 30, 31 and 3147 of the Charter of Fundamental Rights of the European Union,
2022/06/23
Committee: EMPL
Amendment 4 #
Motion for a resolution
Recital -A (new)
-A. whereas social dialogue is a key element of the European social model and whereas EWCs reflect the importance attached to workers’ representation, thus reinforcing social dialogue;
2022/06/23
Committee: EMPL
Amendment 5 #
Motion for a resolution
Recital -A a (new)
-Aa. whereas EWCs play a significant role in ensuring the proper management of multinational companies;
2022/06/23
Committee: EMPL
Amendment 12 #
Motion for a resolution
Recital B a (new)
Ba. whereas the development of EWCs follows a non-linear trajectory and does vary a lot across industrial sectors and from one Member State to another; whereas data indicates that a total of 992 EWCs are active and about 400 have been disbanded over time as a result of factors such as mergers, bankruptcy or dissolution 1a ; __________________ 1a https://www.eurofound.europa.eu/fr/node/ 52251
2022/06/23
Committee: EMPL
Amendment 22 #
Motion for a resolution
Recital E
E. whereas EWCs do not have direct access to justice in many Member States13 but only in four Member States, allowing EWC representatives to initiate judicial proceedings on behalf of EWCs; __________________ 13 Commission Staff Working Document of 14 May 2018, p. 34.
2022/06/23
Committee: EMPL
Amendment 24 #
Motion for a resolution
Recital F
F. whereas EWCs have full legal personality in only four Member States, allowing EWC representatives to initiate judicial proceedings on behalf of EWCs14 ; __________________ 14 Commission Staff Working Document of 14 May 2018, p. 34.deleted
2022/06/23
Committee: EMPL
Amendment 26 #
Motion for a resolution
Recital F a (new)
Fa. whereas the Commission has received only one formal complaint on the implementation of Directive 2009/38/EC; whereas litigation cases are limited at national level;
2022/06/23
Committee: EMPL
Amendment 28 #
Motion for a resolution
Recital G
G. whereas there is evidence that early consultation can have a substantial impact on job security during restructuring processes and that thisworkers’ consultation and participation is essential in ensuring workers’ well-being and can have a positive impact on job quality15 ; __________________ 15 Parliament’s European added value assessment of November 2012.
2022/06/23
Committee: EMPL
Amendment 30 #
Motion for a resolution
Recital G a (new)
Ga. whereas the success and positive impact of EWCs require a relation of trust between the EWC and the management based on a constructive dialogue that is often influenced by the industrial relations culture in each Member State;
2022/06/23
Committee: EMPL
Amendment 36 #
Motion for a resolution
Recital I
I. whereas the extensive use of confidentiality clauses, although justified in certain cases, based on Article 8 of Directive 2009/38/EC can constitutes an obstacle for effective information and consultation rights17 ; __________________ 17 Commission Staff Working Document of 14 May 2018, p. 27-28.
2022/06/23
Committee: EMPL
Amendment 56 #
Motion for a resolution
Paragraph 1
1. Notes that participinformation, participation and consultation rights play a crucial role in a functioning of the social market economy; stresses that EWCs are one of the instruments that enhance democracy at the workplace;
2022/06/23
Committee: EMPL
Amendment 71 #
Motion for a resolution
Paragraph 3
3. Underlines that the definition and consequent interpretation of what matters are to be regarded as ‘transnational issues’ remains vague and subject to interpretation, thus resultsing in a fragmented implementation by the Member States; highlights that the definition needs to be precise and further detailed; stresses in this regard that the scope of possible effects is a missing element which needs to be considered while determining the transnational character of a matter;
2022/06/23
Committee: EMPL
Amendment 76 #
Motion for a resolution
Paragraph 4
4. Regrets that the timely manner of consultation remains an issue where the employees’ representatives opinion may be requested or delivered at a point in time where no meaningful consideration can be taken or when the management decision on the proposed measure has already been taken; regrets that the lack of management obligation to take an opinion into account often results in the input being disregarded or failing to have an actual impact on the proposed measure at hand; and stresses the need to implement meaningful consultation processes while ensuring that the undertaking or group of undertakings can take decisions effectively;
2022/06/23
Committee: EMPL
Amendment 80 #
Motion for a resolution
Paragraph 4 a (new)
4a. Highlights that it is important to ensure great communication between the EWCs and the company’s management, not least based on board level employee representation, to avoid potential missed opportunities for EWCs as regards information, participation and consultation and encourages Member States to set up the right conditions ensuring a good communication and cooperation between the EWCs members and the board level employee representatives;
2022/06/23
Committee: EMPL
Amendment 86 #
Motion for a resolution
Paragraph 5
5. Notes that the three-year timing provision of situations governing the entry into force of subsidiary requirements in the event of a failure to conclude an agreement is excessive and to the disadvantage of workers; underlines that the right of EWCs to have an annual meeting with the central management is insufficient and should be increased provide forto biannual meetings in order to improve the practical functioning , impact and running of EWCs;
2022/06/23
Committee: EMPL
Amendment 95 #
Motion for a resolution
Paragraph 7
7. Stresses that in cases of disagreement on whether to undertake an information or consultation procedure, there is a lack of guidance on how to resolve the current negative effects on EWCs and workers representatives; stresses, therefore, the added value that Union initiatives could have in providing such guidance and calls on the new platform for exchange of knowledge to disseminate good practices on how information and consultation procedures need to be carried out;
2022/06/23
Committee: EMPL
Amendment 106 #
Motion for a resolution
Paragraph 8
8. Is concerned about the fragmented and insufficient compliance with Directive 2009/38/EC across the Union; calls in this regard for reinforced procedures and other measures to ensure proper, effective and timely compliance, including the temporary suspension of the implementation of management decisions;
2022/06/23
Committee: EMPL
Amendment 111 #
Motion for a resolution
Paragraph 9
9. Regrets that in many Member States penalties for non-compliance are not effective, dissuasive or proportionate as required by Directive 2009/38/EC; stresses that the provisions governing Member State penalties needs to be strengthened in order to improve compliance with Directive 2009/38/EC, while at the same time ensuring that it does not create disproportionate financial burden to the business, especially in the case of medium-sized companies;
2022/06/23
Committee: EMPL
Amendment 113 #
Motion for a resolution
Paragraph 9 a (new)
9a. Underlines that incentives need to be created in favour of the development of EWCs, their wider use and effective enforcement, thus not limiting the scope of Union and national actions to a punitive approach;
2022/06/23
Committee: EMPL
Amendment 122 #
Motion for a resolution
Paragraph 11
11. CDeplores the fact that EWCs experience difficulties with protecting their rights of consultation as defined in Directive 2009/38/EC; calls on the Member States to ensure facilitated administrative and legal proceedings for an easy access to justice for EWCs and forasks the specifCommission to explore what implication ofs the legal status of EWCs and Special Negotiating Bodies as legal actorsabsence of a legal personality for EWCs in certain Member States has on the access to justice and to look into whether it constitutes an important factor limiting workers’ access to justice;
2022/06/23
Committee: EMPL
Amendment 127 #
Motion for a resolution
Paragraph 11 a (new)
11a. Calls on Member States to increase the visibility of EWCs and their potential benefits; notes the significant contribution that the exchange of knowledge and best practices can play in the further development of EWCs and in improving their functioning, especially in Member States where their existence is limited; regrets that the handbook initiative undertaken by the Commission could not be finalised as it could be instrumental in providing with more guidance on EWCs’ implementation and proper functioning;
2022/06/23
Committee: EMPL
Amendment 130 #
Motion for a resolution
Paragraph 11 b (new)
11b. Calls on Member States to organise specialised trainings on EWCs’ rights, with the commitment of national trade unions to properly inform their members about the functionality of the EWCs, and to allocate resources to awareness raising campaigns;
2022/06/23
Committee: EMPL
Amendment 133 #
Motion for a resolution
Paragraph 11 c (new)
11c. Calls on the Commission to raise awareness about the challenges faced by EWCs and the benefits they can bring to undertakings, especially in the case of restructuring and anticipation of changes, and highlight the need to use them in a proactive manner in order to better accompany companies and workers through the adaptation path;
2022/06/23
Committee: EMPL
Amendment 134 #
Motion for a resolution
Paragraph 11 d (new)
11d. Calls on the Commission to put in place a platform to ensure a structured and regular exchange of knowledge across Member States and sectors, including the revival of the expert group established by the Commission during the transposition period of Directive 2009/38/EC, and highlights the importance for this platform to reflect the diversity of EWCs;
2022/06/23
Committee: EMPL
Amendment 136 #
Motion for a resolution
Paragraph 11 e (new)
11e. Calls on the Commission to organise a high level conference in 2023 to mobilise undertakings falling under the scope of Directive 2009/38/EC, social partners within various sectors as well as national labour market institutions on the importance of EWCs in order to put this topic high on the policy agenda;
2022/06/23
Committee: EMPL
Amendment 150 #
Motion for a resolution
Annex I – paragraph 1 – point 1 – point b
“7a. In order to determine the transnational character of a matter, the scope of its possible effects must be taken into account. This includes matters which, irrespective of the number of Member States involved, are of concern to European workers in terms of the scope of their potential impact, as well as matters which involve the transfer of activities between Member States.”;
2022/06/23
Committee: EMPL
Amendment 188 #
Motion for a resolution
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.deleted
2022/06/23
Committee: EMPL
Amendment 216 #
Motion for a resolution
Annex I – paragraph 1 – point 6 – point a – paragraph 2
Member States shall establish procedures to enable the temporary suspension of decisions of the central management where such 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.”;deleted
2022/06/23
Committee: EMPL
Amendment 226 #
Motion for a resolution
Annex I – paragraph 1 – point 6 – point b
(b) in paragraph 3, the following subparagraph is added: “The central management shall bear the direct costs incurred in carrying out the procedures, including the costs of legal representation and the subsistence and travel expenses for at least one workers' representative.”;deleted
2022/06/23
Committee: EMPL
Amendment 239 #
Motion for a resolution
Annex I – paragraph 1 – point 7 – paragraph 2 – point 1
1. Member States shall lay down rules on penalties applicable to infringements of the information and consultation requirements under this Directive or under agreements concluded pursuant thereto. The penalties shall be effective, proportionate and dissuasive and take into account the nature, gravity and duration of the undertaking’s infringement.
2022/06/23
Committee: EMPL
Amendment 241 #
Motion for a resolution
Annex I – paragraph 1 – point 7 – paragraph 2 – point 1 a (new)
1a. Member States shall ensure that undertakings receiving public money abide by the provisions of this Directive in the performance of their public contracts in line with the social clause of the public procurement Directive 2014/24/EU.
2022/06/23
Committee: EMPL
Amendment 242 #
Motion for a resolution
Annex I – paragraph 1 – point 7 – paragraph 2 – point 2
2. The penalties referred to in paragraph 1 shall include: (a) financial penalties that are proportionate to the nature, gravity and duration of the undertaking’s infringement; (b) from an entitlement to some or all public benefits, aids or subsidies, including EU funds managed by the relevant Member States, for a period of up to three years; (c) orders excluding the undertaking from procurement within the meaning of Directive 2014/24/EU of the European Parliament and of the Council1a, for a period of up to three years.deleted orders excluding the undertaking
2022/06/23
Committee: EMPL
Amendment 254 #
Motion for a resolution
Annex I – paragraph 1 – point 7 – paragraph 2 – point 3
3. The financial penalties referred to in paragraph 2, point (a), shall amount to a maximum of at least EUR 10 000 000 or 2 % of the undertaking’s total annual worldwide turnover in the preceding business year, whichever is higher.deleted
2022/06/23
Committee: EMPL
Amendment 261 #
Motion for a resolution
Annex I – paragraph 1 – point 7 – paragraph 2 – point 4
4. In the case of intentional infringements, Member States shall provide for a maximum financial penalty of at least EUR 20 000 000 or 4 % of the undertaking’s total worldwide annual turnover in the preceding business year, whichever is higher. ______________ 1a. Directive (EU) 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).”;deleted
2022/06/23
Committee: EMPL