Activities of Margarita DE LA PISA CARRIÓN related to 2019/2183(INL)
Plenary speeches (1)
Revision of the European Works Councils Directive (debate)
Amendments (44)
Amendment 1 #
Motion for a resolution
Citation 11
Citation 11
— having regard to Parliament’s European Added Value Assessments of November 2012 entitled ‘European added value of an EU measure on information and consultation of workers, anticipation and management of restructuring processes’ and of January 2021 entitled ‘European works councils (EWCs) – legislative-initiative procedure: revision of European Works Councils Directive’,(Does not affect English version.)
Amendment 6 #
Motion for a resolution
Recital A
Recital A
A. whereas, without citing the source of the data, the European Economic and Social Committee considers that the number of multinational companies with assets or plants in several countries in 2015 was around 45 times higher than during the 1990s9; __________________ 9 European Economic and Social Committee study of 31 August 2020, p 24.
Amendment 7 #
Motion for a resolution
Recital A
Recital A
A. whereas the number of multinational companies with assets or plants in several countries in 2015, both inside and outside the European Union, was around 45 times higher than during the 1990s9; __________________ 9 European Economic and Social Committee study of 31 August 2020, p 24.
Amendment 18 #
Motion for a resolution
Recital C
Recital C
C. whereas despite having the right to express an opinion, EWC members seem to have little influence in the decision-making process in their companies, in particular in cases of restructuring, even though EWCs are perceived by employers as useful tools, bringing benefits to all parties in many ways; whereas these benefits include improving the common understanding of issues among members, explaining decisions, initiating strategic discussions, making valuable proposals for action, depending on the topics discussed, playing a role in negotiating transnational collective agreements in some multinational undertakings, ensuring transnational social dialogue at company level, cascading information throughout the business, creating leverage between EU and local levels, and introducing strategic initiatives leading to qualitative improvements in the strategic solutions found in the company11; __________________ 11 Commission report of 14 May 2018, p. 6p. 6-8.
Amendment 19 #
Motion for a resolution
Recital C
Recital C
C. whereas despiteue to their having the right to express an opinion, EWC members seem to have litthave considerable influence in the decision-making process in their companies, in particular in cases of restructuring11; __________________ 11 Commission report of 14 MayEuropean added value assessment of November 20182, pp. 623-24.
Amendment 20 #
Motion for a resolution
Recital D
Recital D
D. whereas penalties for failure to consult in most Member States consist of financial penalties that range from 23 EUR to 187 515 EUR12(the lowest penalty, corresponding to Malta) to 187 515 EUR12 (the highest penalty, corresponding to Spain) and therefore, in many cascases of lower penalties, fail to be effective, or dissuasive, and in some cases are not proportionate; __________________ 12 Commission Staff Working Document of 14 May 2018, pp. 33 to 35.
Amendment 21 #
Motion for a resolution
Recital E
Recital E
E. whereas EWCs do not havthe way in which EWCs can access justice varies in the differecnt access to justice in many Member StateMember States according to their respective procedural systems, which range from those granting legal personality to EWCs to those allowing EWCs to act in proceedings through their members or a trade union, with most allowing EWCs to be a party in proceedings13; __________________ 13 Commission Staff Working Document of 14 May 2018, p. 34.
Amendment 25 #
Motion for a resolution
Recital F
Recital F
F. whereas EWCs have full legal personality in only four Member States, allowing EWC representatives to initiate judicial proceedings on behalf of EWCs, although the remaining Member States allow EWCs to be a party in judicial proceedings, either on their own behalf or through their members or a trade union, depending on the procedural system in the respective Member State14; __________________ 14 Commission Staff Working Document of 14 May 2018, p. 34.
Amendment 27 #
Motion for a resolution
Recital G
Recital G
G. whereas there is evidence that early consultation can have a substantial impact on job security during restructuring processes and that this can have a positive impact on job quality, although this impact must be compared, for sustainability and proportionality purposes, with the cost per employee concerned, which can amount to EUR 11 000 per employee15; __________________ 15 Parliament’s European added value assessment of November 2012.
Amendment 34 #
Motion for a resolution
Recital H
Recital H
H. whereas the concept of transnationality remains a difficult concept for EWC practitionersome EWC representatives to interpret in concrete cases16; __________________ 16 Commission Staff Working Document of 14 May 2018, p. 615.
Amendment 35 #
Motion for a resolution
Recital I
Recital I
I. whereas the extensive use of confidentiality clauses based on Article 8 of Directive 2009/38/EC constitutes, for representatives of workers covered by the European Trade Union Confederation (ETUC), an obstacle for effective information and consultation rights17; __________________ 17 Commission Staff Working Document of 14 May 2018, p. 27-28.
Amendment 57 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that participworkers’ consultation rights play a crucial role in a functioning of the social market economy; stresses that EWCs enhance democracy at the workplaceworkers’ rights in transnational business operations;
Amendment 67 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Acknowledges that Directive 2009/38/EC has led to improvements regarding the establishment and functioning of EWCs; regrets, however, that EWCs still face major difficulties toacknowledges that consultation of EWCs markedly increases job security and employability; wants EWCs to continue enforceing their rights, especially on timely information and consultation;
Amendment 73 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines that the definition and consequent interpretation of what matters are to be regarded as ‘transnational issues’ still remains vague and results in a fragmented implementation by the Member States; stresses in this regard that the scope of possible effects is a missing element which needs to be considered whiledifficult for some EWC representatives, particularly when trying to prevent a fragmented implementation by the Member States; urges the Commission, therefore, to set out evaluation criteria for determining the transnational character of a matter;
Amendment 78 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Regrets thatStresses the importance of the timely manner of consultation remains an issue where the employees’ representatives opinion mayust be requested or delivered at a point in time where no meaningful consideration can be taken or when the management decision on the proposed measure has alreadynot yet been taken; regretemphasises that the lack of management obligationmust be able to take anthe opinion into account often results in the input being disregarded or failing toand EWC contributions into account so that these can have an actual impact on the proposed measure at hand;
Amendment 82 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that the three-year timing provision of situations governing the entry into force of subsidiary requirements in the event of a failure to conclude an agreement is excessive and to the disadvantage of workers; underlines thatshould be the subject of an impact analysis in order to determine whether it is excessive and to the disadvantage of everyone concerned; urges the Commission to analyse whether the right of EWCs to have an annual meeting with the central management is insufficient and whether it should be increased to provide for biannual meetings in order to improve the practical functioning and running of EWCs, based on this cost-benefit analysis;
Amendment 93 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Highlights that the Member State implementation of confidentiality provisions is fragmented due to the lack of a clear definition and therefore calls for a clear definition of confidential information in line withmust be consistent and therefore urges the Commission to carry out a comparative study based on the definitions provided for in Directive 2016/943; stresses in this context that further efforts by Member State are needed in order to specify and clarify the conditions under which the central management is not required to pass on information which could be harmful;
Amendment 97 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that in cases of disagreement on whether to undertake an information or consultation procedure, there is a lack of guidance on how to resolve the current negative effects on EWCs and workers representativethat such disagreements may have, not only for EWCs and workers representatives, but also for undertakings and therefore European consumers;
Amendment 105 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Is concerned about the fragmented and insufficient compliance with Directive 2009/38/EC; calls in this regard for reinforced procedures and other measures to ensure proper, effective and timely compliance, including the temporary suspension of the implementation of management decis in some Member States; calls, therefore, in this regard for the Commission to assess the respective degree of transposition of said Directive to ensure proper, effective and timely compliance for the benefit of workers throughout the European Unions;
Amendment 112 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Regrets that in manysome Member States penalties for non-compliance are not effective, dissuasive or proportionate as required by Directive 2009/38/EC; stresses that the provisions governing Member State penalties needs to be strengthen in order to improve compliance with, therefore, that the Commission needs to assess the effective application of penalties by Member States since Directive 2009/38/EC entered into force;
Amendment 118 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that the provisions guiding the situations in which the obligations of Directive 2009/38/EC do not apply due to other agreements in force warrant further clarification in order to improve the functioning and implementation of Directive 2009/38/EC; urges the Commission, therefore, to produce this clarification;
Amendment 144 #
Motion for a resolution
Annex I – paragraph 1 – point 1 – point a
Annex I – paragraph 1 – point 1 – point a
Amendment 151 #
Motion for a resolution
Annex I – paragraph 1 – point 1 – point b
Annex I – paragraph 1 – point 1 – point b
“7a. In order to determine the transnational character of a matter, the scope of its possible effects must be taken into account. This includes matters which, irrespective of the number of Member States involved, are of concern to European workers affect workers in at least two Member States according terms ofo the scope of their potential impact, as well as matters which involve the transfer of activities between Member States.”;
Amendment 176 #
Motion for a resolution
Annex I – paragraph 1 – point 3
Annex I – paragraph 1 – point 3
Amendment 184 #
Motion for a resolution
Annex I – paragraph 1 – point 4 – paragraph 1
Annex I – paragraph 1 – point 4 – paragraph 1
“1. Member States shall ensure that members of special negotiating bodies or of European Works Councils and any experts who assist them are obliged not to reveal any trade secrets, as defined in Article 1(1) of Directive (EU) 2016/943 of the European Parliament and of the Council1ainformation which haves expressly been provided to them in confidence.
Amendment 187 #
Motion for a resolution
Annex I – paragraph 1 – point 4 – paragraph 3 – subparagraph 1
Annex I – paragraph 1 – point 4 – paragraph 3 – subparagraph 1
Amendment 197 #
Motion for a resolution
Annex I – paragraph 1 – point 4 – paragraph 5
Annex I – paragraph 1 – point 4 – paragraph 5
A Member State shall make such dispensation subject to prior administrative or judicial authorisation. The prior authorisation process may be replaced by a process of consulting the social partners, including employers and trade unions.
Amendment 202 #
Motion for a resolution
Annex I – paragraph 1 – point 5 – paragraph 1
Annex I – paragraph 1 – point 5 – paragraph 1
“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 reasons why the information and consultation requirements under this Directive or under agreements concluded pursuant thereto do not apply, in particular because of the absence of transnational issues. Those reasons shall include a specific section on the potential consequences for the undertaking’s employees and for consumers of not carrying out the information and consultation procedure.”;
Amendment 214 #
Motion for a resolution
Annex I – paragraph 1 – point 6 – point a – paragraph 2
Annex I – paragraph 1 – point 6 – point a – paragraph 2
Amendment 219 #
Motion for a resolution
Annex I – paragraph 1 – point 6 – point a – paragraph 2
Annex I – paragraph 1 – point 6 – point a – paragraph 2
Member States shallmay establish procedures to enable the temporary suspension of decisions of the central management where such decisions are challenged on the basis that there has been an infringement of the information and consultation requirements under this Directive or under agreements concluded pursuant thereto. Suspension shall depend upon the decisions causing irreparable harm to employees and infringing prima facie the information and consultation requirements under this Directive or under agreements concluded pursuant thereto between the undertaking and the EWC.”;
Amendment 223 #
Motion for a resolution
Annex I – paragraph 1 – point 6 – point a – paragraph 2
Annex I – paragraph 1 – point 6 – point a – paragraph 2
Member States shallmay establish judicial procedures to enable the temporary suspension of decisions of the central management where such decisions are challenged on the basis that there has been an infringement of the information and consultation requirements under this Directive or under agreements concluded pursuant thereto.”;
Amendment 229 #
Motion for a resolution
Annex I – paragraph 1 – point 6 – point b – paragraph 1
Annex I – paragraph 1 – point 6 – point b – paragraph 1
“The central management shall bear the direct costs incurred in carrying out the procedures, including the costs of legal representation and the subsistence and travel expenses for at least one workers' representative, except where the workers’ representatives have been unsuccessful in those procedures.”;
Amendment 230 #
Motion for a resolution
Annex I – paragraph 1 – point 6 – point b – paragraph 1
Annex I – paragraph 1 – point 6 – point b – paragraph 1
“The central management shall bear the direct costs incurred in carrying out the procedures, including the costs of legal representation and the subsistence and travel expenses for at least one workers' representative, as laid down by the procedural legislation of the Member State in whose territory the central management is situated.”;
Amendment 244 #
Motion for a resolution
Annex I – paragraph 1 – point 7 – paragraph 2 – point 2 – point a
Annex I – paragraph 1 – point 7 – paragraph 2 – point 2 – point a
(a) financial penalties that are proportionate to the nature, gravity and duration of the undertaking’s infringement, and to the size of the undertaking and its business;
Amendment 246 #
Motion for a resolution
Annex I – paragraph 1 – point 7 – paragraph 2 – point 2 – point b
Annex I – paragraph 1 – point 7 – paragraph 2 – point 2 – point b
(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, in the event of repeated infringements;
Amendment 250 #
Motion for a resolution
Annex I – paragraph 1 – point 7 – paragraph 2 – point 2 – point c
Annex I – paragraph 1 – point 7 – paragraph 2 – point 2 – point c
(c) orders excluding the undertaking from procurement within the meaning of Directive 2014/24/EU of the European Parliament and of the Council1a, for a period of up to three years, in the event of repeated infringements.
Amendment 255 #
Motion for a resolution
Annex I – paragraph 1 – point 7 – paragraph 2 – point 3
Annex I – paragraph 1 – point 7 – paragraph 2 – point 3
3. The severe financial penalties referred to in paragraph 2, point (a), shall amount to a maximum of at least EUR 10 000 000 or 2 % of the undertaking’s total annual worldwide turnover in the preceding business year, whichever is higherlast business year approved. Such penalties may be moderated if the undertaking’s situation in the current business year is less favourable than that in the preceding business year, including as a result of a crisis.
Amendment 259 #
Motion for a resolution
Annex I – paragraph 1 – point 7 – paragraph 2 – point 3
Annex I – paragraph 1 – point 7 – paragraph 2 – point 3
3. The financial penalties referred to in paragraph 2, point (a), shall amount to a maximum of at least EUR 10 000 000 or 2 % of the undertaking’s total annual worldwide turnover in the preceding business year, whichever is higherworldwide business results in the last business year approved.
Amendment 262 #
Motion for a resolution
Annex I – paragraph 1 – point 7 – paragraph 2 – point 4
Annex I – paragraph 1 – point 7 – paragraph 2 – point 4
4. In the case of intentional very serious and repeated infringements, Member States shall provide for a maximum financial penalty of at least EUR 20 000 000 or 4 % of the undertaking’s total worldwide annual turnover in the precedinglast business year, whichever is higher approved.
Amendment 265 #
Motion for a resolution
Annex I – paragraph 1 – point 7 – paragraph 2 – point 4
Annex I – paragraph 1 – point 7 – paragraph 2 – point 4
4. In the case of intentional infringements, Member States shall provide for a maximum financial penalty of at least EUR 20 000 000 or 4 % of the undertaking’s total worldwide annual turnover in the preceding business year, whichever is higherbusiness results in the last business year approved.
Amendment 279 #
Motion for a resolution
Annex I – paragraph 1 – point 8 – point b – paragraph 1
Annex I – paragraph 1 – point 8 – point b – paragraph 1
“Points (a) and (b) of the first subparagraph shall apply only in so far as the obligations arising from this Directive have already been fully complied with or the agreement between the undertaking and the EWC provides for its application on its own terms in preference to the obligations arising from this Directive.”;
Amendment 289 #
Motion for a resolution
Annex I – paragraph 1 – point 9
Annex I – paragraph 1 – point 9
Amendment 290 #
Motion for a resolution
Annex I – paragraph 1 – point 9 – paragraph 1
Annex I – paragraph 1 – point 9 – paragraph 1
“The European Works Council shall have the right to meet with the central management twice a year, to be informed and consulted, on the basis of a report drawn up by the central management, on the progress of the business of the Community-scale undertaking or Community-scale group of undertakings and its prospects. The local managements shall be informed accordingly. The need to hold two or more annual meetings shall be justified by the European Works Council on the basis of the undertaking’s specific development.”
Amendment 291 #
Motion for a resolution
Annex I – paragraph 1 – point 9 – paragraph 1
Annex I – paragraph 1 – point 9 – paragraph 1
“The European Works Council shall have the right to meet with the central management twice a yearonce a year, or twice if so determined by the Member State in whose territory said central management is situated, 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.”