47 Amendments of Margarita DE LA PISA CARRIÓN related to 2024/0006(COD)
Amendment 60 #
Proposal for a directive
–
–
The European Parliament rejects the Commission proposal
Amendment 61 #
Proposal for a directive
Citation 5 a (new)
Citation 5 a (new)
Having regard to the opinion of the Commission’s Regulatory Scrutiny Board of 26 January 2024,
Amendment 62 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) In accordance with Article 153 of the Treaty on the Functioning of the European Union, the information and consultation of workers is a supporting competence of the Union.
Amendment 63 #
Proposal for a directive
Recital 3
Recital 3
(3) While an evaluation of Directive 2009/38/EC published in 20184 confirmed that Directive’s added value and relevance in principle, it also identified shortcomings regarding, for instance, the effectiveness of the consultation process, access to justice, sanctions,the means in place allowing European Works Councils to enforce their rights and the interpretation of certain concepts.
Amendment 64 #
Proposal for a directive
Recital 4
Recital 4
(4) In 2023, the European Parliament, in accordance with Article 225 of the Treaty on the Functioning of the European Union (TFEU), adopted a legislative own- initiative resolution with recommendations on a revision of Directive 2009/38/EC5 and the Commission undertook a two-phase consultation with the social partners, in accordance with Article 154 of the Treaty on the Functioning of the European Union, on the need for and the content of measures to address the shortcomings of that directive. The Commission has also collected evidence through a study involving a targeted online survey, stakeholder interviews, workshops, analysis of national case-law and of relevant provisions in the national laws of Member States. The opinion of the Commission’s Regulatory Scrutiny Board demonstrates that there are doubts as to the proposal’s compliance with the principles of subsidiarity (prerogatives of the social partners and competences of the Member States) and proportionality. The opinion also notes that the impact assessment does not quantify the total costs of the options analysed.
Amendment 65 #
Proposal for a directive
Recital 5
Recital 5
(5) Evidence shows that legal uncertainty regarding the concept of transnational matters has led to differences in interpretation and disputes. In order to ensure legal certainty and reduce the risk of such disputes, it is necessary to clarify that concept. To this end, it is appropriate to clarify that this Directive should not only cover cases where measures considered by management can reasonably be expected to affect employees in more than one Member State, but also cases where such measures can reasonably be expected to affect workers in only one Member State, but the consequences of those measures can reasonably be expected to affect workers in at least one other Member State. This is necessary to cover cases where undertakings envisage measures, such as lay-offs and redundancies, which do explicitly target establishments in only one Member State but nevertheless can reasonably be expected to have consequences affecting employees in another Member State, for instance due to changes in the cross-border supply chain or production activities, where such measures could lead to substantial changes in work organisation or in contractual relations.
Amendment 67 #
Proposal for a directive
Recital 7
Recital 7
(7) Members of special negotiating bodies may need legal advice or representation to carry out their tasks under Directive 2009/38/EC. It is however not sufficiently clear that they are entitled to the coverage of the associated legal fees. With a view to ensuring such coverage, it should be clarified that central management is to bear costs incurred by member of special negotiation bodies, which the latter should be required to notify in advance. IMember States are responsible for regulating the right to coverage of the associated legal fees. In any event, it is appropriate to limit that obligation to reasonable legal costs to ensure that management is not liable for manifestly disproportionate costs, costs without justifiablea direct link to the provision of relevant legal advice or representation, or costs created by manifestly unfounded, frivolous, or vexatious claims. Moreover, Directive 2009/38/EC gives Member States discretion to lay down budgetary rules regarding the operation of special negotiating body and European Works Councils based on subsidiary requirements, having regard to the principle that expenses relating to the appropriate conduct of the special negotiating board’s functions must be borne by the central management. Therefore,, such as the provisions referring to the number of experts to be funded by central management are redundant and should be deleted.
Amendment 72 #
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 about 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 targetmaking companies more efficient and benefiting workers, while ensuring meaningfulappropriate information and consultation at lower environmental and financial costs.
Amendment 73 #
Proposal for a directive
Recital 9
Recital 9
(9) There can be uncertainty and disputes with respect to the coverage of certain expenses and access to certain resources also during the operation of European Works Councils. In accordance with the principle of autonomy of the parties, it is appropriatdvisable to require that certain types of financial and material resources be determined specifically in the European Works Council agreements, namely the possible use of experts – such as technical subject-matter experts or legal experts – and the coverage of experts’ fees, and the coverage of legal costs, including the costs of legal representation and of participation in administrative or judicial proceedings. The agreements shouldmust also address the provision of relevant training to the members of the European Works Council, and the coverage of related expenses, without prejudice to the minimum requirement in Article 10(4) of Directive 2009/38/EC.
Amendment 74 #
Proposal for a directive
Recital 10
Recital 10
(10) The requirement in Directive 2009/38/EC musto take into account, where possible, the need for a balanced representation of employees with regard to their gender when determining the composition of European Works Councils has proven insufficient to promote gender balance. Women remain underrepresented in most European Works Councils. Therefore, it is necessary to lay down more effective and specific objectives regarding gender representation, to be implemented by management and employee representatives when negotiating or renegotiating their agreements. To attain those objectives, it may in certain cases be necessary to give priority to the underrepresented sex in composing the European Works Council or its select committee. In accordance with the case- law of the Court of Justice of the European Union, such positive action is possible, in accordance with the principle of equal treatment of men and women, provided that the measures taken to achieve the gender balance objective do not automatically and unconditionally give priority to persons of a certain gender but allow to take into account oprofessional competence, merits and qualifications when determining ther criteria, such as merits and qualifications and the procedure for election established by the relevant laws. Parties to European Works Council agreements should therefore be afforded the flexibility necessary to respect the legal and factual limitations to the positive action. For similar considerations, it is appropriate, in addition, to require steps to strive for a gender-balanced composition of the special negotiating body, to promote that objective already during the negotiation phaseomposition of European Works Councils.
Amendment 80 #
Proposal for a directive
Recital 16
Recital 16
(16) In addition, provisions of Directive 2009/38/EC on the role and protection of employees’ representatives should be amended to increase clarity and accuracy, in particular with regard to the protection of the members of special negotiating bodies and the members of European Works Councils against retaliatory measures or dismissals. In order to avoid disputes, it should also be specified thatMember States will have to specify whether the central management is to cover the costs of training of the members of the special negotiating body and of the European Works Council and other associated costs, which is necessary for the exercise of their duties, where management has been informed of those costs in advance.
Amendment 82 #
Proposal for a directive
Recital 17
Recital 17
(17) In certain Member States, rightsholders under Directive 2009/38/EC encounter difficulties in bringing legal actions to enforce their rights. It is therefore necessary to strengthen Member States’ obligation to ensure effective remedies and access to justice and the supervision by the Commission of their compliance with that obligation. For that purpose, Member States should be required to notify the Commission of how and under which circumstances the rightsholders can bring judicial, and where applicable, administrative procedures, in respect of all their rights under this Directive. Moreover, it should be clarified that the relevant procedures have to enable a timely and effective enforcement, and that possible prior out-of-court settlement procedures can neither result in a decision which is binding on the parties concerned, unless that is provided for in national law, nor prejudice rightsholders’ right to bring legal proceedings.
Amendment 92 #
Proposal for a directive
Recital 26
Recital 26
(26) Pursuant to Article 27 of the United Nations Convention on the Rights of Persons with Disabilities, persons with disabilities are to be able to exercise their labour and trade union rights on an equal basis with others. As both the Union and its Member States are parties to that Convention, Directive 2009/38/EC and relevant national legislation are to be interpreted in accordance with that principle, for instance in relation to accessibility and reasonable accommodation for members of special negotiating bodies, members of European Works Councils and employees’ representatives exercising their functions, as well as the bearing of related costs by central management, in accordance with the provisions of this directive.
Amendment 93 #
Proposal for a directive
Recital 27
Recital 27
(27) In accordance with Article 30(3) and Article 42(1) of Directive 2014/23/EU of the European Parliament and of the Council8, Article 18(2) and Article 71(1) of Directive 2014/24/EU of the European Parliament and of the Council9 and Article 36(2) and Article 88(1) of Directive 2014/25/EU of the European Parliament and of the Council10, Member States are to take appropriate measures to ensure that in the performance of public contracts economic operators observe applicable obligations in the fields of social and labour law established by Union law, national law and collective agreements, and the applicable social and labour provisions of international law. The effective implementation of the requirements under this Directive should be promoted through the integration, as appropriate, of social sustainability criteriaits provisions in the award criteria designed by contracting entities for identifying the most economically advantageous tenders. However, this Directive does not create any additional obligation in relation to those Directives. ________________________ 8 Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1). 9 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 (OJ L 94, 28.3.2014, p. 65). 10 Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).
Amendment 94 #
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 1
Article 1 – paragraph 4 – subparagraph 1
4. Matters shall be considered to be transnational where they can reasonably be expected to concern the Community- scale undertaking or Community-scale group of undertakings as a whole, or at least two undertakings or establishments of the undertaking or group situated in two different Member States.
Amendment 102 #
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
Article 1 – paragraph 4 – subparagraph 2
Those conditions shall be deemed to be met where:, inter alia, the measures considered by management of the Community-scale undertaking or Community-scale group of undertakings affect workers in that undertaking or group of undertakings in more than one Member State.
Amendment 106 #
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
Amendment 120 #
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 of 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 theserious and permanent consequences of those measures.”;
Amendment 124 #
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 immediate and consecutive termination or suspension of employment relationships as well as major changes in working conditions are considered to be serious consequences. In any event, those consequences must be directly linked to the measures in question.
Amendment 151 #
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 a
Article 5 – paragraph 2 – point a
Amendment 153 #
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 representrepresentation that takes account of professional competence, merits and qualifications, 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;”;
Amendment 161 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Directive 2009/38/EC
Article 5 – paragraph 6 – subparagraph 1
Article 5 – paragraph 6 – subparagraph 1
Amendment 162 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Directive 2009/38/EC
Article 5 – paragraph 6 – subparagraph 1
Article 5 – paragraph 6 – subparagraph 1
(b) paragraph 6 is amended as follows: – in the first subparagraph, the following sentences are added: “These expenses shall include reasonable costs of one 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.”; – in the second subparagraph, the second sentence is deleted: “They may in particular limit the funding to cover one expert onlysofar as it is considered necessary for that purpose. Expenses shall be notified to central management before they are incurred.”;
Amendment 178 #
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,which will preferably be virtual; the venue; the language, which shall be an official language of the European Union and the language of the Member State in which the undertaking is headquartered; the frequency; and the duration of meetings of the European Works Council;”;
Amendment 183 #
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
Article 6 – paragraph 2 – point f
“(f) the financial and material resources to be allocated to the European Works Council, including at least with respect to the followlegal representation and participation of the European Works Council, or of its members on its behalf, ing aspects:dministrative or judicial proceedings;”;
Amendment 185 #
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
Amendment 188 #
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 a legal experts, upon justification that they are required to assist the European Works Council in the discharge of its functions;
Amendment 193 #
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 2
Article 6 – paragraph 2 – point f – indent 2
Amendment 196 #
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 2
Article 6 – paragraph 2 – point f – indent 2
– legal representation and participation of the European Works Council, or of its members on its behalf, in administrative or judicial proceedings, upon justification that they are probable;
Amendment 197 #
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 3
Article 6 – paragraph 2 – point f – indent 3
Amendment 201 #
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 3
Article 6 – paragraph 2 – point f – indent 3
– the provision of relevant training to the members of the European Works Council, upon justification that it is required, without prejudice to the minimum requirement in Article 10(4), first subparagraph;”;
Amendment 207 #
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
Amendment 210 #
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 compriserepresentation that takes account of professional competence, merits and qualifications in at least 40 % of European Works Council members, and where applicable, in at least 40 % of select committee members.”;
Amendment 225 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2009/38/EC
Article 7 a (new)
Article 7 a (new)
the following article is inserted: Article 7a Principle of subsidiarity All information and consultation rights provided for in this Directive shall be entirely independent of the information and consultation procedures provided for in national law and practice. Wherever possible, such information and consultation procedures shall be carried out with workers and their representatives at national level, in preference to Union- scale organisations.
Amendment 235 #
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. Where members of the European Works Council are subject to a judicial procedure relating to the disclosure of confidential information, Member States shall ensure that those members are obliged to cooperate, provide clarification and help to establish liability.
Amendment 242 #
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
Amendment 247 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2009/38/EC
Article 8 a – paragraph 2
Article 8 a – paragraph 2
2. When central management does not transmit information on the grounds referred to in paragraph 1, it shall inform the members of the special negotiating bodies or the European Works Councils, or the employees’ representatives in the framework of an information and consultation procedure of the reasons justifying the non-transmission of information. In that regard, it should be borne in mind that some parts of that justification may also relate to sensitive business information, in which case it should not be disclosed either.”;
Amendment 250 #
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 with such content as are appropriate to enable employees’ representatives to undertake an in-depthadequate 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 262 #
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. Under no circumstances may an information and consultation procedure or a dispute concerning it result in a detrimental delay in the implementation of a business measure where the provisions of this Directive have been complied with.
Amendment 269 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2009/38/EC
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Without prejudice to Articles 8 and 8a, the members of the European Works Council shall have the right and necessary means to inform the representatives of the employees of the establishments or of the undertakings of a Community-scale group of undertakings or, in the absence of representatives, the workforce as a whole, of the content and outcome of the information and consultation procedure, in particular before and after the meetings with the central management and in accordance with the provisions of this Directive.
Amendment 275 #
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 Member States shall determine whether the costs of such training and related expenses shallare to be borne by the central management, provided that the central management has been informed in advance.”;
Amendment 294 #
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 shallwill be able to provide for pecuniary sanctions, to be determined considering the criteria listed in the third subparagraph of this paragraph, without prejudice to the possibility to provide for other types of sanctions in addition.
Amendment 306 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point c
Article 1 – paragraph 1 – point 9 – point c
Directive 2009/38/EC
Article 11 – paragraph 4
Article 11 – paragraph 4
“4. Where Member States make access to legal proceedings conditional upon the prior implementation of an alternative dispute resolution, that procedure shall neither result in a decision which is binding on the parties concerned, unless provided for in national law, nor otherwise prejudice their right to bring legal proceedings.”;
Amendment 311 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2009/38/EC
Article 14
Article 14
Amendment 316 #
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 338 #
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 eachrepresentation taking into account professional competence, merits and qualification shall comprise at least 40% of European Works Council members and of select committee members;”;
Amendment 348 #
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 may 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.”;