45 Amendments of Estrella DURÁ FERRANDIS related to 2024/0006(COD)
Amendment 69 #
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 78 #
Proposal for a directive
Recital 15
Recital 15
(15) Effective transnational consultation requires a genuine dialogue between central management and European Works Councils, or employees’ representatives in the framework of an information and consultation procedure. This implies that information and consultation need to be conducted in a way that enables worker’s representatives to express their opinion prior to the adoption of the decision and that opinions issued by European Works Councils or employees’ representatives must receive a reasoned response from central management before the latter adopts its decision on the proposed measure at issue. An explicit requirement to that effect should be laid down in Directive 2009/38/EC to ensure legal certainty. Such a procedure should allow European Works Councils to be timely consulted on the impact of business plans and process innovations. It should also allow them to draw up social plans to govern changes that may affect workers and generate redundancies. For instance, in this case, the priority could be given to voluntary redundancies and measures could be taken to retrain and reinstate the affected workers.
Amendment 88 #
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 agreement.
Amendment 110 #
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;
Amendment 121 #
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 a (new)
Article 1 – paragraph 4 – subparagraph 2 – point b a (new)
(ba) the measures considered by central management of the Community- scale undertaking or Community-scale group of undertakings can reasonably be expected to affect workers in a Member State other than that in which those measures are being considered;
Amendment 128 #
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 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 taken into account;
Amendment 131 #
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 141 #
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 directly and indirectly 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 145 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Directive 2009/38/EC
Article 3 – paragraph 2 – point c b (new)
Article 3 – paragraph 2 – point c b (new)
In Article 3(2), a new point (cb) is added: (cb) can otherwise exercise decisive influence on the composition, voting, or decisions of the decision-making bodies of that undertaking, even if this influence is not exercised through traditional means such as share ownership.
Amendment 155 #
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) Member States shall establish a procedure for electing or appointing members of the special negotiating body in Community-scale group of undertakings operating in the internal market "through franchise or license agreements pursuant to article 3(2)(ca) of this Directive;
Amendment 158 #
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 168 #
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 180 #
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 190 #
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 206 #
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
The requirement to determine the elements listed in the first subparagraph, as amended by [OP: insert reference to this amending Directive*], shall apply also with respect to European Works Council agreements concluded before [OP: insert date laid down in the second subparagraph of Article 2 of this amending Directive.]. Consequently, those agreements that do not determine the elements listed in the Article 6(2) shall be adapted. _______________________ * [OP: insert OJ reference to this amending Directive.]”;
Amendment 211 #
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.”;
Amendment 222 #
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 b (new)
Article 7 – paragraph 1 – indent 3 b (new)
in Article 7(1), a new indent is added: — where the special negotiating body is not convened on a regular basis, and at least four times per year.
Amendment 223 #
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 added: In case one of the situations listed under indents 1 to 4, the central management shall immediately initiate the establishment of a European Works Council in accordance with the subsidiary requirements.
Amendment 227 #
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 230 #
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: (a) 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. (b) communication between members of the European Works Council and with the competent recognised trade union organisations on information that may affect the jobs or the working conditions of workers;
Amendment 236 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2009/38/EC
Article 8 – paragraph 3 b (new)
Article 8 – paragraph 3 b (new)
3b. The central management shall specify to the members of the European Works Council the objective criteria used to decide on the confidential nature of the information, as well as how long the confidentiality applies.
Amendment 237 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2009/38/EC
Article 8 – paragraph 3 c (new)
Article 8 – paragraph 3 c (new)
3c. Each Member State shall define by law the list of such objective criteria and shall ensure that the members of the European Works Council have the possibility of reviewing the classification of a matter by means of an urgent administrative or judicial decision.
Amendment 244 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2009/38/EC
Article 8 a – paragraph 1 – subparagraph 2
Article 8 a – paragraph 1 – subparagraph 2
A Member State mayshall make such dispensation subject to prior administrative or judicial authorisation.
Amendment 256 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2009/38/EC
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Consultation shall take place at such time, in such fashion and with such content as it enables employees’ representatives to express an opinion prior to the adoption of the decision and based on the information provided in accordance with paragraph 2, without prejudice to the responsibilities of the m a view to reaching an agreement, 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 259 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2009/38/EC
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. In order to determine the transnational character of a matter, the scope of its possible effects and the level of management and representation involved shall be taken into account. This includes matters, which, irrespective of the number of Member States involved, are of concern to workers in terms of the scope of their potential impact, as well as matters that involve the transfer of activities between two or more Member States. Undertakings or establishments situated in different Member States are deemed to be concerned where it can be reasonably expected that a matter affecting one undertaking or establishment entails, or may entail in the foreseeable future, effects on undertakings or establishments in other Member States, including where decisions envisaged by an undertaking or a group of undertakings are taken in a Member State other than that in which those effects are produced.
Amendment 263 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2009/38/EC
Article 9 – paragraph 3 b (new)
Article 9 – paragraph 3 b (new)
3b. If there is a dispute between the central management and the European Works Council or the employees' representatives as to whether an information and consultation procedure is to be carried out, the central management shall provide duly substantiated grounds in writing for the reasons why the information and consultation requirements under this Directive or under agreements concluded pursuant thereto do not apply, including the reasons that justify the absence of transnational issues.
Amendment 265 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2009/38/EC
Article 9 – paragraph 3 c (new)
Article 9 – paragraph 3 c (new)
3c. Insofar as it is necessary for the European Works Council to carry out its tasks, the European Works Council or the select committee may request assistance from representatives of a competent recognised Union-level trade union organisations and experts of its choice. At the request 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 268 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2009/38/EC
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Without prejudice to the competence of other bodies or organisations in this respect, the employees’ representatives, including the members of the special negotiating body and the members of the European Works Council, shall have the means and the legal capacity 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.
Amendment 272 #
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 276 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2009/38/EC
Article 10 – paragraph 4 a (new)
Article 10 – paragraph 4 a (new)
4a. A member of a special negotiating body or of a European Works Council, or such a member’s alternate, who is a member of the crew of a seagoing vessel, shall be entitled to participate in a meeting of the special negotiating body or of the European Works Council, or in any other meeting under any procedures established pursuant to Article 6(3), where that member or alternate is not at sea or in a port in a country other than that in which the shipping company is domiciled, when the meeting takes place. Meetings shall, where practicable, be scheduled to facilitate the participation of members or alternates, who are members of the crews of seagoing vessels. In cases where a member of a special negotiating body or of a European Works Council, or such a member’s alternate, who is a member of the crew of a seagoing vessel, is unable to attend a meeting, the possibility of using, where possible, new information and communication technologies shall be considered.
Amendment 277 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Directive 2009/38/EC
Article 11 – paragraph 2 – subparagraph 1 – point a
Article 11 – paragraph 2 – subparagraph 1 – point a
(a) adequate procedures are availaadministrative and judicial procedures are available and easily accessible to enable the rights and obligations deriving from this Directive to be enforced in a timely and effective manner; to apply for and terminate including the possibility to request a preliminary injunction for 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. The effects of the challenged decisions on employment contracts or employment relationships of the affected employees shall be suspended accordingly;
Amendment 281 #
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 a (new)
Article 11 – paragraph 2 – subparagraph 1 – point b a (new)
(ba) 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;
Amendment 282 #
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 b (new)
Article 11 – paragraph 2 – subparagraph 1 – point b b (new)
(bb) 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;
Amendment 284 #
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 d (new)
Article 11 – paragraph 2 – subparagraph 1 – point b d (new)
(bd) orders excluding the undertaking from participating in a public contract as defined in Directive 2014/24/EU of the European Parliament and of the Council1a. ____________________________ 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
Amendment 288 #
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 b (new)
Article 11 – paragraph 2 b (new)
2b. In the case of infringements as referred to in paragraph 2 which are not committed intentionally, the financial penalties referred to in paragraph 2, point (a), shall be substantive and equivalent to those provided for in Article 83(4) of Regulation (EU) 2016/6791a. ___________________________ 1a 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 289 #
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 c (new)
Article 11 – paragraph 2 c (new)
2c. In the case of infringements as referred to in paragraph 1 which are committed intentionally, the financial penalties referred to in paragraph 2, point (a), shall be substantive and equivalent to those provided for in Article 83(5) of Regulation (EU) 2016/679.
Amendment 290 #
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
Amendment 295 #
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 301 #
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 3 a (new)
Article 11 – paragraph 3 a (new)
The central management shall bear the judicial costs incurred in carrying out the procedures, the costs of legal representation and subsidiary costs such as subsistence and travel expenses for at least one employees’ representative.;
Amendment 309 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2009/38/EC
Article 12 – paragraph 6
Article 12 – paragraph 6
Amendment 314 #
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 335 #
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 337 #
Proposal for a directive
Annex I – paragraph 1 – point 1 – point c
Annex I – paragraph 1 – point 1 – point c
Directive 2009/38/EC
Annex 1 – point 1– point d d
Annex 1 – point 1– point d d
“(dd) as far as possible, women and men shall each comprise at least 40% of European Works Council members and of select committee members;”The central management and the special negotiating body, when establishing a new European Works Council, or the central management and the European Works Council, when renegotiating a European Works Council agreement, shall negotiate in a spirit of sincere cooperation the necessary arrangements in order to ensure that European Works Councils are subject to the following procedures: (a) the underrepresented sex comprise at least 40% of European Works Council members; (b) members of the underrepresented sex hold at least 40% of select committee positions. The number of European Works Council members and select committee positions deemed to be necessary to attain the objectives laid down in the first subparagraph shall be the number closest to the proportion of 40%, but not exceeding 49%;
Amendment 341 #
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 at least 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 345 #
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.”;