84 Amendments of Jelko KACIN related to 2012/2061(INI)
Amendment 2 #
Motion for a resolution
Heading 1
Heading 1
with recommendations to the Commission on a Code of Practice on the Information and consultation of workers, anticipation and managem in the event of restructuring,
Amendment 13 #
Motion for a resolution
Recital B
Recital B
B. whereas the crisis which began in 2008 has served to speed up the rate of change sharply; whereas ithat crisis has added to the structural pressures to adapt to change resulting from globalisation's more immediate constraints which subject undertakings, workers, territories and governments to critical tensionrequire companies and their employees to make such changes as are necessary to safeguard competitiveness and protect jobs;
Amendment 43 #
Motion for a resolution
Recital J
Recital J
Amendment 46 #
Motion for a resolution
Recital K
Recital K
K. whereas this resolution is without prejudice to information and consultation obligations resulting from other Union and national law; insofar as Union and national law so provide, information and consultation procedures should be fully used to apply the ruleimplement the recommendations laid down in the present Resolution;
Amendment 49 #
Motion for a resolution
Recital L
Recital L
Amendment 54 #
Motion for a resolution
Recital M
Recital M
M. whereas good information and consultation in relation to restructuring means a more intelligent, proactive, responsible and strategic manner, which willcan contribute to making undertakings and the Union more competitive, as well as sending out a message of certainty and transparency to European citizens at a time of crisis;
Amendment 65 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Requests the Commission to submit to the Parliament within three months of the date of adoption of this resolution on the basis of Article 225 of the Treaty, a legislative proposal for a direCode of Good Practivce as recommended in the Annexon Restructuring;
Amendment 78 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Instructs its President to forward this legislative proposal and the accompanying detailed recommendations to the Commission and the Council.
Amendment 80 #
Proposal for a recommendation
Recommendation 1 Recital 1
Recommendation 1 Recital 1
(1) When dealing with anticipation, preparation and management of restructuring, companies, workers' representatives and the other stakeholderpublic authorities act in a spirit of cooperation, based on timely and comprehensive information and consultation, as required by existing European Union laws such as the Collective Redundancies, Transfer of Undertakings, Framework Information and Consultation and the European Works Councils Directives.
Amendment 85 #
Proposal for a recommendation
Recommendation 1 Recital 2
Recommendation 1 Recital 2
Amendment 89 #
Proposal for a recommendation
Recommendation 1 Recital 3
Recommendation 1 Recital 3
(3) There is a need to envisage, promote and enhance anticipatory measures concerning the company situation and likely development of employment, in particular where employment may be under threat.
Amendment 95 #
Proposal for a recommendation
Recommendation 1, Recital 5
Recommendation 1, Recital 5
(5) Good restructuring practices require preparation as early as possible and starting as soon as the need to restructure is envisagcontemplated, making it possible to avoid or to reduce to a minimum its economic, social and territorial impact.
Amendment 97 #
Proposal for a recommendation
Recommendation 1, Recital 6
Recommendation 1, Recital 6
Amendment 104 #
Proposal for a recommendation
Recommendation 1, Recital 6 a (new)
Recommendation 1, Recital 6 a (new)
(6a) Such information as is required by existing European Union Laws concerning the contemplated restructuring should be provided to employees' representative in good time to enable them to prepare for consultations. The public authorities should also be notified, in accordance with the requirements of national law.
Amendment 105 #
Proposal for a recommendation
Recommendation 1, Recital 8
Recommendation 1, Recital 8
Amendment 111 #
Proposal for a recommendation
Recommendation 1, Recital 8 a (new)
Recommendation 1, Recital 8 a (new)
(8a) The involvement of the public authorities in managing the consequences of restructuring can assist with economic conversion and the retaining of workers.
Amendment 112 #
Proposal for a recommendation
Recommendation 1, Recital 9
Recommendation 1, Recital 9
Amendment 118 #
Proposal for a recommendation
Recommendation 1, Recital 10
Recommendation 1, Recital 10
(10) Such an Union framework should apply to major companies and groups of companies, those which employ on the territory of the Union at least 500 workers, and to restructuring operations of a certain dimension, covering at least 100 workers in a single company or 500 employees in a company and its dependent comp. Restructuring is defined as any change in a company that falls within the scope of the Collective Redundancies or one or more Member States over a period of three monthTransfer of Undertakings Directives.
Amendment 120 #
Proposal for a recommendation
Recommendation 1, Recital 11
Recommendation 1, Recital 11
(11) Any Union framework on anticipation, preparation and management of change and restructuring should encourage and give precedent to agreement between the most concerned parcompany and its employees' representatives, o at local level. Only in the absence of such agreement should standard rule apply.
Amendment 123 #
Proposal for a recommendation
Recommendation 2, paragraph 1
Recommendation 2, paragraph 1
1. The purpose of the DirectiveRecommendation is to promote and facilitate information and consultation in economic change and improvegood practice in the way in which companies, employees' representatives, public authorities and other relevant stakeholders throughout the Union anticipate, prepare and manage in a socially responsible way corporate restructuring.
Amendment 142 #
Proposal for a recommendation
Recommendation 3, paragraph 1, point d
Recommendation 3, paragraph 1, point d
(d) "agreements" mean agreements concluded at the relevant level (European, national, sectoral, regional or company- level) by, on one hand, representatives of the companies or their organisations, and, on the other hand, representatives of the employees with the capacity to conclude collective agreements under national law or practice or under the procedures laid down by the competent trade union organisations at European level;
Amendment 145 #
Proposal for a recommendation
Recommendation 3, paragraph 1, point e
Recommendation 3, paragraph 1, point e
(e) "employees" mean the employees of the companies covered by the Directive, irrespective of the type of employment contractRecommendation, as defined by national law;
Amendment 151 #
Proposal for a recommendation
Recommendation 3, paragraph 1, point g
Recommendation 3, paragraph 1, point g
(g) "restructuring operation" means any re- organisation of the structure, of work processes and organisation,changes which falls within the scope of the Collective Redundancies ofr the location with a quantitative or qualitative impact on employmentransfer of Undertaking Directives;
Amendment 156 #
Proposal for a recommendation
Recommendation 3, paragraph 2
Recommendation 3, paragraph 2
Amendment 160 #
Proposal for a recommendation
Recommendation 4, Title
Recommendation 4, Title
Amendment 161 #
Proposal for a recommendation
Recommendation 4, paragraph 1
Recommendation 4, paragraph 1
Amendment 165 #
Proposal for a recommendation
Recommendation 4, paragraph 1 a (new)
Recommendation 4, paragraph 1 a (new)
1a. It is recognised that in most cases companies are forced to restructure because of unforeseen changes in market conditions or because of developments in technology.
Amendment 166 #
2. Long-term strategic planning shall includGood practice require that companies should put in place human resources, employment and skills objectives that focus on developing, on a permanent basis, the skills and competences of the workforce in order to increase the competitiveness of the company and its capacity of adaptation, as well as to increase the employability of employees and to managenhance their internal and external mobility.
Amendment 173 #
Proposal for a recommendation
Recommendation 4, paragraph 3
Recommendation 4, paragraph 3
3. To that end, companies shall recognise the right of every employee to benefit from appropriate training. Eand employees shall recognise that education and lifelong learning are necessary to enhance their employability and shall accept relevant training offers.
Amendment 180 #
Proposal for a recommendation
Recommendation 5, title
Recommendation 5, title
Amendment 181 #
Proposal for a recommendation
Recommendation 5, paragraph 1
Recommendation 5, paragraph 1
1. Companies shall develop, in cooperation with employees' representatives and, where applicable, with public authorities and other relevant stake-holders, mechanisms that anticipate and plan forould discuss, within the framework of existing European union information and consultation laws with employees' representatives future employment and skills needs.
Amendment 185 #
Proposal for a recommendation
Recommendation 5, paragraph 2, introductory part
Recommendation 5, paragraph 2, introductory part
2. To that end,Good practice provides for companies shallto establish, in co-operation with employees' representatives and other relevant stakeholders human resource development plans tailored to their own individual circumstances. Examples of such good practice include, but are not limited to:
Amendment 188 #
Proposal for a recommendation
Recommendation 5, paragraph 2, point a
Recommendation 5, paragraph 2, point a
Amendment 193 #
Proposal for a recommendation
Recommendation 5, paragraph 2, point b
Recommendation 5, paragraph 2, point b
Amendment 204 #
Proposal for a recommendation
Recommendation 5, paragraph 2 b, subpoint 6
Recommendation 5, paragraph 2 b, subpoint 6
– training packages, if needed, in co- operation with external stakeholdersrograms, both in-house and externally;
Amendment 206 #
Proposal for a recommendation
Recommendation 5, paragraph 2, point b subpoint 8
Recommendation 5, paragraph 2, point b subpoint 8
– specific training measures to tackle possible negative or problematic developmentdeal with identified problems.
Amendment 208 #
Proposal for a recommendation
Recommendation 5, paragraph 3
Recommendation 5, paragraph 3
Amendment 213 #
Proposal for a recommendation
Recommendation 5, paragraph 3 a (new)
Recommendation 5, paragraph 3 a (new)
3a. The training needs of individual employees should be reviewed on a regular basis and appropriate training solutions identified, where necessary.
Amendment 215 #
Amendment 219 #
Proposal for a recommendation
Recommendation 5, paragraph 4 a (new)
Recommendation 5, paragraph 4 a (new)
4a. Companies should discuss employment and training plans with existing employees' representatives, as provided for by national law or practice.
Amendment 221 #
Proposal for a recommendation
Recommendation 5, paragraph 5
Recommendation 5, paragraph 5
Amendment 227 #
Proposal for a recommendation
Recommendation 6, title
Recommendation 6, title
Amendment 228 #
Proposal for a recommendation
Recommendation 6, paragraph 1
Recommendation 6, paragraph 1
Amendment 235 #
Proposal for a recommendation
Recommendation 6, paragraph 1 a (new)
Recommendation 6, paragraph 1 a (new)
1a. Restructuring is in general triggered by exceptional circumstances resulting from changes in markets or developments in technology. It is in the interest of all concerned that when such exceptional circumstances occur management and employees engage in timely discussions in line with the information and consultation requirements of existing European Union legislation.
Amendment 236 #
Proposal for a recommendation
Recommendation 6, paragraph 1 b (new)
Recommendation 6, paragraph 1 b (new)
1b. Any proposed restructuring operation should be fully explained to employees' representatives who should be given such information about the proposed restructuring as to enable them to undertake an in-depth assessment and to prepare for consultations, where appropriate.
Amendment 237 #
Proposal for a recommendation
Recommendation 6, paragraph 1 b (new)
Recommendation 6, paragraph 1 b (new)
1b. After having considered the information provided the employees' representatives may, within a reasonable time, offer an opinion on the measures envisaged which can be taken into account by the company when finalising its decisions.
Amendment 238 #
Proposal for a recommendation
Recommendation 6, paragraph 1 c (new)
Recommendation 6, paragraph 1 c (new)
1c. Companies shall, from the outset, inform the public authorities at the relevant level, in particular at local level.
Amendment 239 #
Proposal for a recommendation
Recommendation 6, paragraph 1 c (new)
Recommendation 6, paragraph 1 c (new)
1c. The local economic actors, in particular companies and their employees in a situation of dependence in relation to the restructuring company should also be informed from the beginning about the proposed restructuring.
Amendment 240 #
Proposal for a recommendation
Recommendation 6, paragraph 2
Recommendation 6, paragraph 2
Amendment 247 #
Proposal for a recommendation
Recommendation 7, Title
Recommendation 7, Title
Amendment 250 #
Proposal for a recommendation
Recommendation 7, paragraph 1
Recommendation 7, paragraph 1
Amendment 257 #
Proposal for a recommendation
Recommendation 7, paragraph 2
Recommendation 7, paragraph 2
Amendment 263 #
Proposal for a recommendation
Recommendation 7, paragraph 3
Recommendation 7, paragraph 3
Amendment 270 #
Proposal for a recommendation
Recommendation 7, paragraph 4
Recommendation 7, paragraph 4
Amendment 275 #
Proposal for a recommendation
Recommendation 8, Title
Recommendation 8, Title
Amendment 277 #
Proposal for a recommendation
Recommendation 8, paragraph 1
Recommendation 8, paragraph 1
1. When the need to restructure occurs as a result of the need to preserve their competitiveness and long-term prosperity, companies shallould consider redundancies only as last resort and only after considering all possible alternative options and identifying and, where available, implementing supporting measurexamining all other alternatives.
Amendment 281 #
Proposal for a recommendation
Recommendation 8, paragraph 2
Recommendation 8, paragraph 2
2. In particular, good practice suggests that companies shallould consider the following options as alternatives for redundancies:
Amendment 291 #
Proposal for a recommendation
Recommendation 8, paragraph 3
Recommendation 8, paragraph 3
3. When redundancies cannot be avoided or as part of the package to be implemented in the context of alternative options, companies shallould make available to the employees concerned measures that aimsuch assistance as is appropriate in the circumstances to enhance their employability and help them to re-enter the labour market as quickly as possible.
Amendment 302 #
Proposal for a recommendation
Recommendation 9
Recommendation 9
Amendment 306 #
Proposal for a recommendation
Recommendation 9 a (new)
Recommendation 9 a (new)
9a. Companies and their employees' representatives should, where appropriate, negotiate collective agreements to cover the issues arising from the proposed restructuring.
Amendment 308 #
Proposal for a recommendation
Recommendation 10, paragraph 1
Recommendation 10, paragraph 1
1. When a restructuring operation has major local effects, companies shall seek to develop complementarities and synergies betweenis being contemplated the company should actively engage with its employees and their preparatory action and the actions of the all the otresentatives, and with the public authorities where actors, with a view toppropriate, to discuss ways of maximising the re- employment opportunities of employees at risk of being or to be made redundant, in order to encouraging economic and social re-conversion and to developing new economic activities generating jobsthose who may be made redundant.
Amendment 314 #
Proposal for a recommendation
Recommendation 10, paragraph 2
Recommendation 10, paragraph 2
2. The measures referred to in Recommendation 7 shall cover, as far as possible, the employees of companies that are dependent, in particular as a result of subcontracting or a supply contract. Dependent companies and their workers shall, in any event, be informed of those measuresDependent companies and their workers should, be kept fully informed about the restructuring insofar as such information is required or useful for their own adaptation and for the management of the restructuring process within those companies.
Amendment 321 #
Proposal for a recommendation
Recommendation 11, paragraph 1
Recommendation 11, paragraph 1
1. Public authorities at different levels shallmay intervene in an anticipation and management capacity by:proposed restructurings, with a view to alleviating their economy and social impact.
Amendment 324 #
Proposal for a recommendation
Recommendation 11, paragraph 1, point a
Recommendation 11, paragraph 1, point a
Amendment 327 #
Proposal for a recommendation
Recommendation 11, paragraph 1, point b
Recommendation 11, paragraph 1, point b
Amendment 331 #
Proposal for a recommendation
Recommendation 11, paragraph 2
Recommendation 11, paragraph 2
2. Public authorities shall monitor the mechanisms for long-term planning and multi-annual plans of employment and skills needs developed within companieould engage in dialogue with companies on a regular basis about training needs and about how the public services can assist with identified training requirements.
Amendment 338 #
Proposal for a recommendation
Recommendation 11, paragraph 3
Recommendation 11, paragraph 3
3. In regions affected by structural change, public authorities shallould consider, as appropriate:
Amendment 341 #
Proposal for a recommendation
Recommendation 11, paragraph 3, point a
Recommendation 11, paragraph 3, point a
a) createing permanent bodies, networks or observatories to monitor change processes;
Amendment 343 #
Proposal for a recommendation
Recommendation 11, paragraph 3, point b
Recommendation 11, paragraph 3, point b
b) promoteing territorial employment pacts aimed at favouring employment creation and adaptation;
Amendment 348 #
Proposal for a recommendation
Recommendation 11, paragraph 3, point c
Recommendation 11, paragraph 3, point c
c) promoteing or create mechanisms facilitating employment transitions;
Amendment 351 #
Proposal for a recommendation
Recommendation 11, paragraph 3, point d
Recommendation 11, paragraph 3, point d
d) implementing training actions benefiting small and medium-sized companies and their employees and support dialogue and co-operation between these and large companies;
Amendment 353 #
Proposal for a recommendation
Recommendation 11, paragraph 3, point e
Recommendation 11, paragraph 3, point e
e) favouring regional employment and economic and social re-conversion.
Amendment 361 #
Proposal for a recommendation
Recommendation 12, paragraph 1
Recommendation 12, paragraph 1
1. Without prejudice to the obligations of companies resulting from national laws or practices, public authorities shall co- ould, where possible and subject to national budgetary constraints, co-finance employability measures that favour employees of companies undergoing restructuring, insofar as this type of support is necessary or appropriate for allowing them to quickly re-enter the labour market.
Amendment 364 #
Proposal for a recommendation
Recommendation 12, paragraph 2
Recommendation 12, paragraph 2
2. In accordance with the rules governing them, European Union Funds, and in particular ERDF, ESF and EGF funds, may be used in supporting integrated action to anticipate and to prepare for restructuring, as well as to help employers to adapt to change for the purposes of paragraphs 1 and 2.
Amendment 368 #
Proposal for a recommendation
Recommendation 13
Recommendation 13
Member States shall designate the public authorities, at national, regional or local level that are responsible for the purposes of the Direis Code of Practivce.
Amendment 369 #
Proposal for a recommendation
Recommendation 14, Title
Recommendation 14, Title
Amendment 370 #
Proposal for a recommendation
Recommendation 14, Title
Recommendation 14, Title
Amendment 371 #
Proposal for a recommendation
Recommendation 14, paragraph 1
Recommendation 14, paragraph 1
Amendment 376 #
Proposal for a recommendation
Recommendation 14, paragraph 2
Recommendation 14, paragraph 2
2. Companies shall create tools for the regular evaluation and reporting on their restructuring practices, in co-operation with employees' representatives and the external organisations involved in that procesould engage in an on- going dialogue with their employees and their representatives about the consequences of restructurings so as to learn from experience and to assist in the development of "best practice" policies and processes to assist with possible future restructurings.
Amendment 394 #
Proposal for a recommendation
Recommendation 16, Title
Recommendation 16, Title
Amendment 396 #
Proposal for a recommendation
Recommendation 16, paragraph 1
Recommendation 16, paragraph 1
1. Member States shall provide fortake such measures as are appropriate measures to bring the event of failure to comply with the Directive; in particular, they shall ensure that adequate admiis Code to the attention of their national social partners' organistrative or judicial procedures are available to enable the obligations deriving from the Directive to be enforcedons who, in turn, should be encouraged to publicise it widely among their members.
Amendment 401 #
Proposal for a recommendation
Recommendation 16, paragraph 2
Recommendation 16, paragraph 2
Amendment 409 #
Proposal for a recommendation
Recommendation 16, paragraph 3
Recommendation 16, paragraph 3
Amendment 416 #
Proposal for a recommendation
Recommendation 16, paragraph 4
Recommendation 16, paragraph 4