17 Amendments of Daniela RONDINELLI related to 2022/0051(COD)
Amendment 28 #
Proposal for a directive
Recital 3
Recital 3
(3) In its Communication on a Strong Social Europe for Just Transition75, the Commission committed to upgrading Europe’s social market economy to achieve a just transition to sustainability. This Directive will also contribute to the European Pillar of Social Rights, which promotes rights ensuring fair and decent living and working conditions. It forms part of the EU policies and strategies relating to the promotion of decent work worldwide, including in global value chains, as referred to in the Commission Communication on decent work worldwide76. _________________ 75 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – A Strong Social Europe for Just Transitions (COM/2020/14 final). 76 Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee on decent work worldwide for a global just transition and a sustainable recovery, COM(2022) 66 final.
Amendment 75 #
Proposal for a directive
Recital 42
Recital 42
(42) Companies should provide the possibility for persons and organisations to submit complaints directly to them in case of legitimate concerns regarding actual or potential human rights and environmental adverse impacts. Organisations who could submit such complaints should include trade unions and other workers’ representatives representing individuals working in the value chain concerned and civil society organisations active in the areas related to the value chain concerned where they have knowledge about a potential or actual adverse impact. Companies should ensure that the rights of involvement, information, consultation and participation of trade unions and workers' representatives, as provided by Union law and national law and practices, are fully respected and implemented. Companies should, in cooperation with the social partners, establish a procedure for dealing with those complaints and inform workers, trade unions and other workers’ representatives, where relevant, about such processes. Recourse to the complaints and remediation mechanism should not prevent the complainant from having recourse to judicial remedies. In accordance with international standards, complaints and/or their representatives should be entitled to request from the company appropriate follow-up on the complaint and to meet with the company’s representatives at an appropriate level to discuss potential or actual severe adverse impacts that are the subject matter of the complaint. TWhile exercising this right, workers and their representatives should be properly protected and this access should not lead to unreasonable solicitations of companies.
Amendment 125 #
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) the company had more than 2500 employees on average and had a net worldwide turnover of more than EUR 150 million in the last financial year for which annual financial statements have been prepared;
Amendment 133 #
Proposal for a directive
Article 2 – paragraph 1 – point b – introductory part
Article 2 – paragraph 1 – point b – introductory part
(b) the company did not reach the thresholds under point (a), but had more than 250 employees on average and had a net worldwide turnover of more than EUR 40 million in the last financial year for which annual financial statements have been prepared, provided that at least 50% of this netits turnover was generated in one or more of the following sectors:
Amendment 155 #
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) generated a net turnover of more than EUR 150 million in the Union in the financial year preceding the last financial year;
Amendment 160 #
Proposal for a directive
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) generated a net turnover of more than EUR 40 million but not more than EUR 150 million in the Union in the financial year preceding the last financial year, provided that at least 50% of its net worldwide turnover was generated in one or more of the sectors listed in paragraph 1, point (b).
Amendment 183 #
Proposal for a directive
Article 3 – paragraph 1 – point n
Article 3 – paragraph 1 – point n
(n) ‘stakeholders’ means the company’s employees, the employees of its subsidiaries,undertakings’ workers, the workers of its subsidiaries and/or branches and their trade union and worker’ representatives. In addition, stakeholders could be individual and collective human rights defenders, (I)NGOs and other individuals, groups, communities or entities whose rights or interests are or could be affected by the products, services and operations of that companyundertaking, its subsidiaries and/or branches and its business relationships;
Amendment 191 #
Proposal for a directive
Article 3 – paragraph 1 – point q a (new)
Article 3 – paragraph 1 – point q a (new)
(q a) For the purpose of this Directive, trade union representatives means representatives designated or elected by trade unions or by members of such unions; or elected representatives means representatives who are freely elected by the workers of the undertaking in accordance with provisions of national laws or regulations or of collective agreements and whose functions do not include activities which are recognised as the exclusive prerogative of trade unions in the country concerned.
Amendment 201 #
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) a code of conduct to be established with the full involvement of trade unions and workers’ representatives that shall describinge rules and principles to be followed by the company’s employees and subsidiaries; undertakings, subsidiaries and entities with whom the company or any of its subsidiaries have business relationships
Amendment 207 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1 a. 1. Undertakings shall carryout negotiations, information and consultation with trade unions and workers’ representative to integrate due diligence into all their corporate policies. The European Works Council as defined by Directive2009/38/EC of the European Parliament and of the Council of 6 May 2009 shall be regularly informed and consulted. For the purpose of this paragraph, information and consultation shall have the same meaning as in Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009.
Amendment 222 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States shall ensure that, for the purposes of identifying the adverse impacts referred to in paragraph 1 based on, where appropriate, quantitative and qualitative information, companies are entitled to make use of appropriate resources, including independent reports and information gathered through the complaints procedure provided for in Article 9. Companies shall, where relevant, also carry out consultations with trade unions, workers and workers' representatives and with potentially affected groups including workers and other relevant stakeholders to gather information on actual or potential adverse impacts.
Amendment 230 #
Proposal for a directive
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) where necessary due to the nature or complexity of the measures required for prevention, develop and implement a prevention action plan, with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuring improvement. The prevention action plan shall be developed in consultation with trade union and workers’ representatives and other affected stakeholders;
Amendment 260 #
Proposal for a directive
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
(b) where necessary due to the fact that the adverse impact cannot be immediately brought to an end, develop and implement a corrective action plan with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuring improvement. Where relevant, tThe corrective action plan shall be developed in consultation with stakeholders, including trade unions and workers representatives, and shall be publicly available;
Amendment 299 #
Proposal for a directive
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) trade unions and other workers’ representatives representing individuals working in the value chain concerned,
Amendment 305 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States shall ensure that the companies establish a procedure for dealing with complaints referred to in paragraph 1, including a procedure when the company considers the complaint to be unfounded, and inform the relevant workers and trade unions of those procedures. Member States shall ensure that where the complaint is well-founded, the adverse impact that is the subject matter of the complaint is deemed to be identified within the meaning of Article 6. . The procedure shall be developed following negotiation and consultation with the trade union and workers’ representatives. Other stakeholders can be informed of such procedures. The procedure shall be detailed in the code of conduct. The procedure shall be public, legitimate, accessible, predictable, equitable, transparent, rights-compatible, as well as a source of continuous learning and based on engagement and dialogue. The undertaking shall publicly report on how complaints are taken into account in identifying and responding to risks or violations, including inter alia statistics about the complaints received, the types of adverse impacts referred to in the complaints, their treatment by undertakings and the publication of processed and anonymized cases. Undertakings shall provide a timely and appropriate answer with relevant evidence to any complaint submitted by persons and organisations listed in paragraph 2, including inter alia a comprehensive description of the measures taken by the undertakings to investigate and bring the adverse impact to an end. Member States shall ensure that where the complaint is well-founded, the adverse impact that is the subject matter of the complaint is deemed to be identified within the meaning of Article 6 and that the undertaking is obliged to remedy the situation effectively. These procedures shall be established following negotiations and/or consultations with the trade unions and workers' representatives. Trade union and workers’ representatives shall be informed on the number of complaints, their content, the solutions found especially for the complaints related to the usual TU and workers’ representatives missions (OSH, freedom of association, etc).These grievance mechanisms may also be established in negotiated collective agreements including by a Global Framework Agreement”.
Amendment 332 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
In order to provide support to companies or to Member State authorities on how companieundertakings should fulfil their due diligence obligations, the Commission, in consultation with Member States and, the European cross-industry and sectoral social partners, other relevant stakeholders, the European Union Agency for Fundamental Rights, the European Environment Agency, the European Labour Authority and where appropriate with international bodies from the UN, ILO and Council of Europe, having expertise in due diligence, mayshall issue guidelines, including for specific sectors or specific adverse impacts and guidance on identifying high-risk economic activities.
Amendment 364 #
Proposal for a directive
Annex I – Part I – point 16
Annex I – Part I – point 16
16. Violation of the prohibition of unequal treatment in employment, unless this is justified by the requirements of the employment in accordance with Article 2 and Article 3 of the International Labour Organisation Equal Remuneration Convention, 1951 (No. 100), Article 1 and Article 2 of the International Labour Organisation Discrimination (Employment and Occupation) Convention, 1958 (No. 111) and Article 7 of the International Covenant on Economic, Social and Cultural Rights; unequal treatment includes, in particular, the payment of unequal remuneration for work of equal value;