90 Amendments of Eugenia RODRÍGUEZ PALOP related to 2024/0006(COD)
Amendment 70 #
Proposal for a directive
Recital 8
Recital 8
(8) Directive 2009/38/EC requires the parties to a European Works Council agreement to determine the venue of meetings of the European Works Council. It is appropriate to specify that they are to determine also the format of such meetings, notably to avoid any doubt abouthat their freedom to agree that some or all of the meetings be held in a virtual environment, using online meeting tools, reducing the environmental footprint of meetings in line with Union, national and companies’ emission reduction targets, while ensuring regular annual meetings of the European Works Council and the Select Committee should take place in person, whereas additional meanetingful information and consultation at lower environmental and financial costss may be held in a virtual environment, using online meeting tools if so agreed.
Amendment 70 #
Proposal for a directive
Recital 8
Recital 8
(8) Directive 2009/38/EC requires the parties to a European Works Council agreement to determine the venue of meetings of the European Works Council. It is appropriate to specify that they are to determine also the format of such meetings, notably to avoid any doubt abouthat their freedom to agree that some or all of the meetings be held in a virtual environment, using online meeting tools, reducing the environmental footprint of meetings in line with Union, national and companies’ emission reduction targets, while ensuring regular annual meetings of the European Works Council and the Select Committee should take place in person, whereas additional meanetingful information and consultation at lower environmental and financial costss may be held in a virtual environment, using online meeting tools if so agreed.
Amendment 85 #
Proposal for a directive
Recital 19
Recital 19
(19) Undertakings with an agreement on the transnational information and consultation of employees concluded before 23 September 1996, that is to say prior to the date of application of Council Directive 94/45/EC , are exempted from the application of the obligations arising from Directive 2009/38/EC. The employee information and consultation bodies established under such agreements have been concluded and continue to operate outside the scope of Union law. Directive 2009/38/EC does not provide the employees in the exempted undertakings with the possibility to request an establishment of a European Works Council under that Directive. However, for reasons of legal clarity, equal treatment and effectiveness, employees and their representatives in all Community-scale undertakings or Community-scale groups of undertakings should in principle have the right to request the establishment of a European Works Council. Almost 30 years after a legislative framework setting minimum requirements for the transnational information and consultation of employees was first established at Union level, those reasons prevail over the considerations of continuity for pre- existing agreements which initially motivated the exemption. That exemption should therefore be deleted. Nevertheless, these pre-directive agreements have continued to operate for nearly 30 years and remained outside the scope of Union law, so their legal status depends upon national law, where their binding contractual nature have fallen under civil or collective labour law depending on the different legal system of each Member state. Thus, if the establishment of a European Works Council agreement under the remit of this Directive is not initiated, and to promote legal certainty, Member States should ensure the validity and legal enforceability of these pre- directive agreements under national law.
Amendment 85 #
Proposal for a directive
Recital 19
Recital 19
(19) Undertakings with an agreement on the transnational information and consultation of employees concluded before 23 September 1996, that is to say prior to the date of application of Council Directive 94/45/EC , are exempted from the application of the obligations arising from Directive 2009/38/EC. The employee information and consultation bodies established under such agreements have been concluded and continue to operate outside the scope of Union law. Directive 2009/38/EC does not provide the employees in the exempted undertakings with the possibility to request an establishment of a European Works Council under that Directive. However, for reasons of legal clarity, equal treatment and effectiveness, employees and their representatives in all Community-scale undertakings or Community-scale groups of undertakings should in principle have the right to request the establishment of a European Works Council. Almost 30 years after a legislative framework setting minimum requirements for the transnational information and consultation of employees was first established at Union level, those reasons prevail over the considerations of continuity for pre- existing agreements which initially motivated the exemption. That exemption should therefore be deleted. Nevertheless, these pre-directive agreements have continued to operate for nearly 30 years and remained outside the scope of Union law, so their legal status depends upon national law, where their binding contractual nature have fallen under civil or collective labour law depending on the different legal system of each Member state. Thus, if the establishment of a European Works Council agreement under the remit of this Directive is not initiated, and to promote legal certainty, Member States should ensure the validity and legal enforceability of these pre- directive agreements under national law.
Amendment 89 #
Proposal for a directive
Recital 24
Recital 24
(24) In some cases, eExisting European Works Council agreements or agreements on information and consultation procedures, concluded under Directive 94/45/EC or Directive 2009/38/EC before the entry into force of the measures adopted by Member States to transpose this Directive, may not be in conformity with the revised required contents of those agreements. It is therefore appropriate to set out transitional arrangements enabling the parties to such agreements to negotiate adaptations before the date of application of the transposition measuresadd to their agreements to comply with newly required contents, without, however requiring a complete negotiation of the existing agreement.
Amendment 89 #
Proposal for a directive
Recital 24
Recital 24
(24) In some cases, eExisting European Works Council agreements or agreements on information and consultation procedures, concluded under Directive 94/45/EC or Directive 2009/38/EC before the entry into force of the measures adopted by Member States to transpose this Directive, may not be in conformity with the revised required contents of those agreements. It is therefore appropriate to set out transitional arrangements enabling the parties to such agreements to negotiate adaptations before the date of application of the transposition measuresadd to their agreements to comply with newly required contents, without, however requiring a complete negotiation of the existing agreement.
Amendment 90 #
Proposal for a directive
Recital 24 a (new)
Recital 24 a (new)
(24a) If the central management and the European Works Council need to adapt an existing Article 6 agreement because it does not meet the new requirements of Article 6(2) of the amending Directive there is no obligation to renegotiate the entire existing agreement. The parts which do not meet the requirements of Article 6(2), could be negotiated as addendum within 2 years of transposition and additional 2 years after the implementation of the amending directive (Directive....).
Amendment 90 #
Proposal for a directive
Recital 24 a (new)
Recital 24 a (new)
(24a) If the central management and the European Works Council need to adapt an existing Article 6 agreement because it does not meet the new requirements of Article 6(2) of the amending Directive there is no obligation to renegotiate the entire existing agreement. The parts which do not meet the requirements of Article 6(2), could be negotiated as addendum within 2 years of transposition and additional 2 years after the implementation of the amending directive (Directive....).
Amendment 91 #
Proposal for a directive
Recital 24 b (new)
Recital 24 b (new)
(24b) As the existing procedures for the special negotiating body are not clear it would be necessary to ensure that the special negotiation body has the opportunity to meet regularly with the central management in order to be able to conduct meaningful negotiations. Where the conditions laid down in Article 7(1) are met, it should be clarified that it is the responsibility of central management to initiate the establishment of a European Works Council according to the subsidiary requirements.
Amendment 91 #
Proposal for a directive
Recital 24 b (new)
Recital 24 b (new)
(24b) As the existing procedures for the special negotiating body are not clear it would be necessary to ensure that the special negotiation body has the opportunity to meet regularly with the central management in order to be able to conduct meaningful negotiations. Where the conditions laid down in Article 7(1) are met, it should be clarified that it is the responsibility of central management to initiate the establishment of a European Works Council according to the subsidiary requirements.
Amendment 111 #
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
(a) the measures considered by management ofin the Community-scale undertaking or Community-scale group of undertakings can reasonably be expected to affect workers in undertakings or establishments in more than one Member State; or
Amendment 111 #
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
(a) the measures considered by management ofin the Community-scale undertaking or Community-scale group of undertakings can reasonably be expected to affect workers in undertakings or establishments in more than one Member State; or
Amendment 119 #
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
(b) the measures considered by management ofin the Community-scale undertaking or Community-scale group of undertakings can reasonably be expected to affect workers in an undertaking or establishment in one Member State, and workers in an undertaking or establishment in another Member State can reasonably be expected to be directly affected by thsevere consequences of those measures.”;».
Amendment 119 #
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
(b) the measures considered by management ofin the Community-scale undertaking or Community-scale group of undertakings can reasonably be expected to affect workers in an undertaking or establishment in one Member State, and workers in an undertaking or establishment in another Member State can reasonably be expected to be directly affected by thsevere consequences of those measures.”;».
Amendment 127 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2009/38/EC
Article 2 – paragraph 1 – introductory sentence
Article 2 – paragraph 1 – introductory sentence
in Article 2(1), points (d), (f) and (g) are replaced by the following:
Amendment 127 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2009/38/EC
Article 2 – paragraph 1 – introductory sentence
Article 2 – paragraph 1 – introductory sentence
in Article 2(1), points (d), (f) and (g) are replaced by the following:
Amendment 130 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2009/38/EC
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
In Article 2(1), point (c), a new paragraph is added: (ca) For the purposes of this paragraph employees in third party undertakings with whom the company or its directly- and indirectly-owned subsidiaries and/or branches have entered into or is the ultimate parent company of a group that entered into franchise and license agreements with independent third-party companies in return for royalties in accordance with article 3(2) d) of this Directive shall also be counted;
Amendment 130 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2009/38/EC
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
In Article 2(1), point (c), a new paragraph is added: (ca) For the purposes of this paragraph employees in third party undertakings with whom the company or its directly- and indirectly-owned subsidiaries and/or branches have entered into or is the ultimate parent company of a group that entered into franchise and license agreements with independent third-party companies in return for royalties in accordance with article 3(2) d) of this Directive shall also be counted;
Amendment 132 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2009/38/EC
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
Amendment 132 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2009/38/EC
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
Amendment 134 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2009/38/EC
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
“(f) ‘information’ means transmission of data by the employer to the employees’ representatives in order to enable them to acquaint themselves with the subject matter and to examine it. Information on transnational matters shall be given at such time, in such fashion and with such content as are appropriate to enable employees’ representatives to undertake an in-depth assessment of their possible impact and, where appropriate, prepare for consultations with the competent organ of the Community-scale undertaking or Community-scale group of undertakings;
Amendment 134 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2009/38/EC
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
“(f) ‘information’ means transmission of data by the employer to the employees’ representatives in order to enable them to acquaint themselves with the subject matter and to examine it. Information on transnational matters shall be given at such time, in such fashion and with such content as are appropriate to enable employees’ representatives to undertake an in-depth assessment of their possible impact and, where appropriate, prepare for consultations with the competent organ of the Community-scale undertaking or Community-scale group of undertakings;
Amendment 136 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2009/38/EC
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – 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; Consultation shall take place at such time, in such fashion and with such content as it enables employees’ representatives to express an opinion based on, but not limited to, the information provided by the central management, and that is prior to the adoption of the decision, ensuring that the European Works Council can coordinate its opinion with employees´ representatives at local and national level with the aim to deliver its opinion before the consultation procedure is finalised at the respective level, 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 adoption 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 136 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2009/38/EC
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – 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; Consultation shall take place at such time, in such fashion and with such content as it enables employees’ representatives to express an opinion based on, but not limited to, the information provided by the central management, and that is prior to the adoption of the decision, ensuring that the European Works Council can coordinate its opinion with employees´ representatives at local and national level with the aim to deliver its opinion before the consultation procedure is finalised at the respective level, 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 adoption 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 143 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2009/38/EC
Article 3 – paragraph 2 – point c a (new)
Article 3 – paragraph 2 – point c a (new)
In Article 3(2), a new point (ca) is added: (ca) operates or is the ultimate parent company of a group that operates, in the internal market selling goods or providing services through franchise or license agreements concluded with independent third-party companies in return for royalties where these agreements ensure a common identity, a common business name and/or concept and the application of uniform business methods;
Amendment 143 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2009/38/EC
Article 3 – paragraph 2 – point c a (new)
Article 3 – paragraph 2 – point c a (new)
In Article 3(2), a new point (ca) is added: (ca) operates or is the ultimate parent company of a group that operates, in the internal market selling goods or providing services through franchise or license agreements concluded with independent third-party companies in return for royalties where these agreements ensure a common identity, a common business name and/or concept and the application of uniform business methods;
Amendment 148 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point –a (new)
Article 1 – paragraph 1 – point 3 – point –a (new)
Directive 2009/38/EC
Article 5 – paragraph 1
Article 5 – paragraph 1
2. In order to achieve the objective set out in Article 1(1), the central management shall initiate negotiations for the establishment of a European Works Council or an information and consultation procedure on its own initiative or at the either joint or separate written request of at least 100 employees or their representatives representing together in at least two undertakings or establishments in at least two different Member States.
Amendment 148 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point –a (new)
Article 1 – paragraph 1 – point 3 – point –a (new)
Directive 2009/38/EC
Article 5 – paragraph 1
Article 5 – paragraph 1
2. In order to achieve the objective set out in Article 1(1), the central management shall initiate negotiations for the establishment of a European Works Council or an information and consultation procedure on its own initiative or at the either joint or separate written request of at least 100 employees or their representatives representing together in at least two undertakings or establishments in at least two different Member States.
Amendment 154 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2009/38/EC
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
“(b) The members of the special negotiating body shall be elected or appointed in proportion to the number of employees employed in each Member State by the Community-scale undertaking or the Community-scale group of undertakings, in a manner that strives to achieve a gender- balanced representation, by allocating in respect of each Member State one seat per portion of employees employed in that Member State, amounting to 10 %, or a fraction thereof, of the number of employees employed in all the Member States taken together. Where more than one member of a special negotiating body is to be appointed from a Member State, the delegation shall be gender-balanced;”;
Amendment 154 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2009/38/EC
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
“(b) The members of the special negotiating body shall be elected or appointed in proportion to the number of employees employed in each Member State by the Community-scale undertaking or the Community-scale group of undertakings, in a manner that strives to achieve a gender- balanced representation, by allocating in respect of each Member State one seat per portion of employees employed in that Member State, amounting to 10 %, or a fraction thereof, of the number of employees employed in all the Member States taken together. Where more than one member of a special negotiating body is to be appointed from a Member State, the delegation shall be gender-balanced;”;
Amendment 157 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a a (new)
Article 1 – paragraph 1 – point 3 – point a a (new)
Directive 2009/38/EC
Article 5 – paragraph 2 – point b a (new)
Article 5 – paragraph 2 – point b a (new)
(aa) in paragraph 2, a new point (ba) is inserted: (ba) operates in the internal market selling goods or providing services through franchise or license agreements concluded with independent third-party companies in return for royalties where these agreements ensure a common identity, a common business name and/or concept and the application of uniform business methods.;
Amendment 157 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a a (new)
Article 1 – paragraph 1 – point 3 – point a a (new)
Directive 2009/38/EC
Article 5 – paragraph 2 – point b a (new)
Article 5 – paragraph 2 – point b a (new)
(aa) in paragraph 2, a new point (ba) is inserted: (ba) operates in the internal market selling goods or providing services through franchise or license agreements concluded with independent third-party companies in return for royalties where these agreements ensure a common identity, a common business name and/or concept and the application of uniform business methods.;
Amendment 160 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a b (new)
Article 1 – paragraph 1 – point 3 – point a b (new)
Directive 2009/38/EC
Article 5 – paragraph 4 – subparagraph 3
Article 5 – paragraph 4 – subparagraph 3
Amendment 160 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a b (new)
Article 1 – paragraph 1 – point 3 – point a b (new)
Directive 2009/38/EC
Article 5 – paragraph 4 – subparagraph 3
Article 5 – paragraph 4 – subparagraph 3
Amendment 169 #
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 the representative of a recognised Union-level trade union organisation, further 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.”;
Amendment 169 #
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 the representative of a recognised Union-level trade union organisation, further 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.”;
Amendment 182 #
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, venue, frequency and duration of meetings of the European Works Council;”;
Amendment 182 #
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, venue, frequency and duration of meetings of the European Works Council;”;
Amendment 192 #
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 192 #
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 204 #
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 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Amendment 204 #
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 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Amendment 213 #
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 women and men each comprise at least 40 % of European Works Council members, and where applicable, at least 40 % of select committee members. If the objective of gender balance is not achieved, the central management and the special negotiating body shall take appropriate measures to conduct an assessment in order to evaluate those arrangements.”;
Amendment 213 #
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 women and men each comprise at least 40 % of European Works Council members, and where applicable, at least 40 % of select committee members. If the objective of gender balance is not achieved, the central management and the special negotiating body shall take appropriate measures to conduct an assessment in order to evaluate those arrangements.”;
Amendment 215 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point b a (new)
Article 1 – paragraph 1 – point 4 – point b a (new)
Directive 2009/38/EC
Article 6 – paragraph 2 b (new)
Article 6 – paragraph 2 b (new)
(4a) in Article 6, the following paragraph 2b is inserted: 2b. Unless otherwise specified, the European Works Council shall have the mandate to terminate the agreement. Management and the European Works Council shall engage in negotiations. The existing agreement shall remain in force for the duration of the negotiations. Unless a new agreement is reached within two years of the termination of the agreement, the subsidiary requirements laid down by the legislation of the Member State in which the central management is situated shall apply.
Amendment 215 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point b a (new)
Article 1 – paragraph 1 – point 4 – point b a (new)
Directive 2009/38/EC
Article 6 – paragraph 2 b (new)
Article 6 – paragraph 2 b (new)
(4a) in Article 6, the following paragraph 2b is inserted: 2b. Unless otherwise specified, the European Works Council shall have the mandate to terminate the agreement. Management and the European Works Council shall engage in negotiations. The existing agreement shall remain in force for the duration of the negotiations. Unless a new agreement is reached within two years of the termination of the agreement, the subsidiary requirements laid down by the legislation of the Member State in which the central management is situated shall apply.
Amendment 216 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2009/38/EC
Article 7 – paragraph 1 – indent 2 a (new)
Article 7 – paragraph 1 – indent 2 a (new)
(5) in Article 7, paragraph 1, a new indent is inserted between the second and the third indent : “– where the special negotiating body is not convened on a regular basis, and at least four times per year.”
Amendment 216 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2009/38/EC
Article 7 – paragraph 1 – indent 2 a (new)
Article 7 – paragraph 1 – indent 2 a (new)
(5) in Article 7, paragraph 1, a new indent is inserted between the second and the third indent : “– where the special negotiating body is not convened on a regular basis, and at least four times per year.”
Amendment 218 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2009/38/EC
Article 7 – paragraph 1 – indent 3
Article 7 – paragraph 1 – indent 3
Amendment 218 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2009/38/EC
Article 7 – paragraph 1 – indent 3
Article 7 – paragraph 1 – indent 3
Amendment 219 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2009/38/EC
Article 7 – paragraph 1 – indent 3
Article 7 – paragraph 1 – indent 3
— where, after three year18 months from the date of thissuch a 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 219 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2009/38/EC
Article 7 – paragraph 1 – indent 3
Article 7 – paragraph 1 – indent 3
— where, after three year18 months from the date of thissuch a 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 224 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Directive 2009/38/EC
Article 7 – paragraph 1 – subparagraph 1 a (new)
Article 7 – paragraph 1 – subparagraph 1 a (new)
in Article 7(1), the following subparagraph is inserted in the end: “If indents 1, 2, 3 or 4 apply, the central management shall immediately initiate the establishment of a European Works Council in accordance with the subsidiary requirements.”
Amendment 224 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Directive 2009/38/EC
Article 7 – paragraph 1 – subparagraph 1 a (new)
Article 7 – paragraph 1 – subparagraph 1 a (new)
in Article 7(1), the following subparagraph is inserted in the end: “If indents 1, 2, 3 or 4 apply, the central management shall immediately initiate the establishment of a European Works Council in accordance with the subsidiary requirements.”
Amendment 229 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2009/38/EC
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The obligation referred in paragraph 1 shall continue to apply, wherever the persons referred to in paragraph 1 are, even after the expiry of their terms of office, until, in agreement with central management, the justification provided is considered to have become obsolete.”;
Amendment 229 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2009/38/EC
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The obligation referred in paragraph 1 shall continue to apply, wherever the persons referred to in paragraph 1 are, even after the expiry of their terms of office, until, in agreement with central management, the justification provided is considered to have become obsolete.”;
Amendment 233 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2009/38/EC
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. This article shall not apply to members of the European Works Council who reveal 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.
Amendment 233 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2009/38/EC
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. This article shall not apply to members of the European Works Council who reveal 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.
Amendment 249 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2009/38/EC
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Information on transnational matters shall be given at such time, in such fashion and wi so far as it is necessary for the European Works Council to carry out its tasks, the European Works Council or the such content as are appropriate to enable employees’ representatives to undertake an in-depth assessment of their possible impact and, welect committee may request assistance from a representative of a competent recognised Union-level trade union organisations and experts of its choice. At the re appropriate, prepare for consultations with the competent organ of the Community-scale undertaking or Community-scale group of undertakingsquest of the European Works Council, such experts shall be present at meetings of the European Works Council and meetings with the central management in an advisory capacity.
Amendment 249 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2009/38/EC
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Information on transnational matters shall be given at such time, in such fashion and wi so far as it is necessary for the European Works Council to carry out its tasks, the European Works Council or the such content as are appropriate to enable employees’ representatives to undertake an in-depth assessment of their possible impact and, welect committee may request assistance from a representative of a competent recognised Union-level trade union organisations and experts of its choice. At the re appropriate, prepare for consultations with the competent organ of the Community-scale undertaking or Community-scale group of undertakingsquest of the European Works Council, such experts shall be present at meetings of the European Works Council and meetings with the central management in an advisory capacity.
Amendment 251 #
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
Amendment 251 #
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
Amendment 274 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2009/38/EC
Article 10 – paragraph 4 – subparagraph 2
Article 10 – paragraph 4 – subparagraph 2
Without prejudice to agreements concluded pursuant to Article 6(2), point (f), the costs of such training and related expenses shall be borne by the central management, provided that the central or any other appropriate level of management, provided that the central management or any other appropriate level of management has been informed in advance.”;
Amendment 274 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2009/38/EC
Article 10 – paragraph 4 – subparagraph 2
Article 10 – paragraph 4 – subparagraph 2
Without prejudice to agreements concluded pursuant to Article 6(2), point (f), the costs of such training and related expenses shall be borne by the central management, provided that the central or any other appropriate level of management, provided that the central management or any other appropriate level of management has been informed in advance.”;
Amendment 283 #
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 b c (new)
Article 11 – paragraph 2 – subparagraph 1 – point b c (new)
(bc) the possibility to request a preliminary injunction for the temporary suspension of decisions of the central management with a national trade union prerogative 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. The effects of the challenged decisions on employment contracts or employment relationships of the affected employees shall be suspended accordingly;
Amendment 283 #
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 b c (new)
Article 11 – paragraph 2 – subparagraph 1 – point b c (new)
(bc) the possibility to request a preliminary injunction for the temporary suspension of decisions of the central management with a national trade union prerogative 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. The effects of the challenged decisions on employment contracts or employment relationships of the affected employees shall be suspended accordingly;
Amendment 293 #
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 2(a) of this paragraph, without prejudice to the possibility to provide for other types of sanctions in additionArticle.
Amendment 293 #
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 2(a) of this paragraph, without prejudice to the possibility to provide for other types of sanctions in additionArticle.
Amendment 296 #
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
Amendment 296 #
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
Amendment 300 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Directive 2009/38/EC
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
(aa) the following new paragraphs 2a, 2b and 2c are inserted: (2a) The penalties referred to in paragraph 2, point b, shall include: (a) financial penalties that are proportionate to the nature, gravity and duration of the undertaking’s infringement and which shall increase in amount according to the number of affected employees; (b) orders excluding the undertaking 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 participating in a public contract as defined in Directive 2014/24/EU1a of the European Parliament and of the Council. (2b) In the case of infringements as referred to in paragraph 1, point b, which are not committed intentionally, the financial penalties referred to in paragraph 2a, point (a), shall be substantive and equivalent to those provided for in Article 83(4) of Regulation (EU) 2016/6791b. (2c) In the case of infringements as referred to in paragraph 1, point b, which are committed intentionally, the financial penalties referred to in paragraph 2a, point (a) shall be substantive and equivalent to those provided for in Article 83(5) of Regulation (EU) 2016/679. _______________________ 1a Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC Text with EEA relevance, OJ L 94, 28.3.2014, p. 65–242 1b Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Text with EEA relevance) OJ L 119, 4.5.2016, p. 1– 88
Amendment 300 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Directive 2009/38/EC
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
(aa) the following new paragraphs 2a, 2b and 2c are inserted: (2a) The penalties referred to in paragraph 2, point b, shall include: (a) financial penalties that are proportionate to the nature, gravity and duration of the undertaking’s infringement and which shall increase in amount according to the number of affected employees; (b) orders excluding the undertaking 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 participating in a public contract as defined in Directive 2014/24/EU1a of the European Parliament and of the Council. (2b) In the case of infringements as referred to in paragraph 1, point b, which are not committed intentionally, the financial penalties referred to in paragraph 2a, point (a), shall be substantive and equivalent to those provided for in Article 83(4) of Regulation (EU) 2016/6791b. (2c) In the case of infringements as referred to in paragraph 1, point b, which are committed intentionally, the financial penalties referred to in paragraph 2a, point (a) shall be substantive and equivalent to those provided for in Article 83(5) of Regulation (EU) 2016/679. _______________________ 1a Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC Text with EEA relevance, OJ L 94, 28.3.2014, p. 65–242 1b Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Text with EEA relevance) OJ L 119, 4.5.2016, p. 1– 88
Amendment 315 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2009/38/EC
Article 14 a
Article 14 a
Amendment 315 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2009/38/EC
Article 14 a
Article 14 a
Amendment 323 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2009/38/EC
Article 14 b (new)
Article 14 b (new)
The following Article 14b is inserted: “Article 14b Agreements in force 1. For agreements concluded in accordance with Articles 5 and 6 of Directive 94/45/EC1a or Articles 5 and 6 of this Directive, the requirements laid down in articles 1, 2, 6(2), 8, 8a, 9, 10, 12 and 13 provided for by this Directive (OP: insert reference to this amending Directive) shall be applicable to that agreement. Parties may negotiate conditions that are more favourable. 2. Where a Community-scale undertaking or Community-scale group of undertakings has concluded an agreement or agreements covering the entire workforce and providing for the transnational information and consultation of employees, which referred to in Article 13(1) of Directive 94/45/EC (pre-directive agreements), those agreement shall continue to be applicable under national law. 3.Where proceedings are initiated pursuant to Article 5 in an Community- scale undertaking or Community-scale group of undertakings with an agreement within the meaning of the first subparagraph, the period referred to in Article 7(1) indent three shall be reduced to two years and the terms of that agreement shall remain in force for the duration of those negotiations.”; _______________________ 1a Council Directive 94/45/EC of 22 September 1994 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, OJ L 254, 30.9.1994, p. 64–72
Amendment 323 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2009/38/EC
Article 14 b (new)
Article 14 b (new)
The following Article 14b is inserted: “Article 14b Agreements in force 1. For agreements concluded in accordance with Articles 5 and 6 of Directive 94/45/EC1a or Articles 5 and 6 of this Directive, the requirements laid down in articles 1, 2, 6(2), 8, 8a, 9, 10, 12 and 13 provided for by this Directive (OP: insert reference to this amending Directive) shall be applicable to that agreement. Parties may negotiate conditions that are more favourable. 2. Where a Community-scale undertaking or Community-scale group of undertakings has concluded an agreement or agreements covering the entire workforce and providing for the transnational information and consultation of employees, which referred to in Article 13(1) of Directive 94/45/EC (pre-directive agreements), those agreement shall continue to be applicable under national law. 3.Where proceedings are initiated pursuant to Article 5 in an Community- scale undertaking or Community-scale group of undertakings with an agreement within the meaning of the first subparagraph, the period referred to in Article 7(1) indent three shall be reduced to two years and the terms of that agreement shall remain in force for the duration of those negotiations.”; _______________________ 1a Council Directive 94/45/EC of 22 September 1994 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, OJ L 254, 30.9.1994, p. 64–72
Amendment 324 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 a (new)
Article 1 – paragraph 1 – point 12 a (new)
Directive 2009/38/EC
Article 16 a (new)
Article 16 a (new)
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 1(2), (3) and (4), Article 2(1), points (f) and (g), Articles 3(4), Article 4(4), Article 5(2), points (b) and (c), Article 5(4), Article 6(2), points (b), (c), (e) and (g), and Articles 10, 12, 13 and 14, as well as Annex I, point 1(a), (c) and (d) and points 2 and 3, no later than 5 June 2011 or shall ensure that management and labour introduce on that date the required provisions by way of agreement, the Member States being obliged to take all necessary steps enabling them at all times to guarantee the results imposed by this Directive. Member States shall ensure administrative and legal proceedings for agreements concluded in accordance with Articles 5 and 6 of Directive 94/45/EC (pre-directive agreements) to remain binding contractual agreements under national law.
Amendment 324 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 a (new)
Article 1 – paragraph 1 – point 12 a (new)
Directive 2009/38/EC
Article 16 a (new)
Article 16 a (new)
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 1(2), (3) and (4), Article 2(1), points (f) and (g), Articles 3(4), Article 4(4), Article 5(2), points (b) and (c), Article 5(4), Article 6(2), points (b), (c), (e) and (g), and Articles 10, 12, 13 and 14, as well as Annex I, point 1(a), (c) and (d) and points 2 and 3, no later than 5 June 2011 or shall ensure that management and labour introduce on that date the required provisions by way of agreement, the Member States being obliged to take all necessary steps enabling them at all times to guarantee the results imposed by this Directive. Member States shall ensure administrative and legal proceedings for agreements concluded in accordance with Articles 5 and 6 of Directive 94/45/EC (pre-directive agreements) to remain binding contractual agreements under national law.
Amendment 326 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 a (new)
Article 1 – paragraph 1 – point 12 a (new)
Directive 2009/38/EC
Article 16 a (new)
Article 16 a (new)
The following Article 16a is inserted: Article 16a Monitoring 1. To ensure the implementation of the Directive and to address and resolve practical problems arising from its implementation, a monitoring committee shall be established. 2. The monitoring committee shall be comprise one representative per Member State, three representatives of each of the European social partners, and the European Commission.
Amendment 326 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 a (new)
Article 1 – paragraph 1 – point 12 a (new)
Directive 2009/38/EC
Article 16 a (new)
Article 16 a (new)
The following Article 16a is inserted: Article 16a Monitoring 1. To ensure the implementation of the Directive and to address and resolve practical problems arising from its implementation, a monitoring committee shall be established. 2. The monitoring committee shall be comprise one representative per Member State, three representatives of each of the European social partners, and the European Commission.
Amendment 328 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. Member States shall adopt and, publish and apply, by [OP: insert date onetwo years from the entry into force of this Directive] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 328 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. Member States shall adopt and, publish and apply, by [OP: insert date onetwo years from the entry into force of this Directive] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 331 #
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
Amendment 331 #
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
Amendment 333 #
Proposal for a directive
Annex I – paragraph 1 – point 1 – point a a (new)
Annex I – paragraph 1 – point 1 – point a a (new)
Directive 2009/38/EC
Annex 1 – paragraph 1– point a
Annex 1 – paragraph 1– point a
Amendment 333 #
Proposal for a directive
Annex I – paragraph 1 – point 1 – point a a (new)
Annex I – paragraph 1 – point 1 – point a a (new)
Directive 2009/38/EC
Annex 1 – paragraph 1– point a
Annex 1 – paragraph 1– point a
Amendment 343 #
Proposal for a directive
Annex I – paragraph 1 – point 2
Annex I – paragraph 1 – point 2
Directive 2009/38/EC
Annex 1 – point 2
Annex 1 – point 2
“2. The European Works Council shall have the right to meet with the central management twice a year in person, 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. Additional meetings may be held in a virtual environment, using online meeting tools if so agreed.”
Amendment 343 #
Proposal for a directive
Annex I – paragraph 1 – point 2
Annex I – paragraph 1 – point 2
Directive 2009/38/EC
Annex 1 – point 2
Annex 1 – point 2
“2. The European Works Council shall have the right to meet with the central management twice a year in person, 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. Additional meetings may be held in a virtual environment, using online meeting tools if so agreed.”
Amendment 347 #
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2009/38/EC
Annex 1 – point 5
Annex 1 – point 5
“Such experts mayshall include representatives of recognised Union-level trade union organisations. At the request of the European Works Council, such experts shall have a right to be present at meetings of the European Works Council and meetings with the central management in an advisory capacity. The central management shall be informed in advance.”;
Amendment 347 #
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2009/38/EC
Annex 1 – point 5
Annex 1 – point 5
“Such experts mayshall include representatives of recognised Union-level trade union organisations. At the request of the European Works Council, such experts shall have a right to be present at meetings of the European Works Council and meetings with the central management in an advisory capacity. The central management shall be informed in advance.”;