15 Amendments of Dimitrios PAPADIMOULIS related to 2008/0414(COD)
Amendment 18 #
Proposal for a directive
Article 1 – paragraph 4
Article 1 – paragraph 4
4. Matters shall be considered to be transnational where they concern the Community-scale undertaking or Community-scale group of undertakings as a whole, or at least twoone undertakings or establishments of the undertaking or group situated in two in a different Member States.
Amendment 19 #
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘Community-scale undertaking’ means any undertaking with at least 10500 employees within the Member States and at least 1500 employees in each of at least two Member States;
Amendment 20 #
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) 'Community-scale group of undertakings' means a group of undertakings with the following characteristics: – at least 10500 employees within the Member States, – at least two group undertakings in different Member States and – at least one group undertaking with at least 1500 employees in one Member State and at least one other group undertaking with at least 150 employees in another Member State;
Amendment 21 #
Proposal for a directive
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ‘'information’' means the transmission of data byto the employer to the employees' representatives es, by the competent organ of the Community-scale undertaking order to enable them to acquaint themselves with the subject matter and to examine it; information shall take place at such time, in such fashion and with such content as are appropriate and which will enabl group of undertakings, through the European Works Council, on questions which concern the Community scale undertaking or group of undertakings itself and any of its establishments/subsidiaries or establishments situated in another Member State or which exceed the powers of the decision-making organs in a single Member State, in good time and at regular intervals, with a content which allows the employees'’ representatives, in particular, to carry out an appropriate examination and to prepare the consultation, where necessary; to undertake an in-depth assessment of and to formulate an opinion on the possible impact and, where appropriate, prepare consultations with the competent organ of the undertaking or group of undertakings, with the right to veto when these conditions have not been met.
Amendment 22 #
Proposal for a directive
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘'consultation’' means the establishment of dialogue and exchange of views between the European Works Council or the employees' representatives and central managemthe competent or gany more appropriate level of management, at such time, in such fashion of the undertaking or group of undertakings, in good time, in a manner and with such a content that, on the basis of the information provided, enables employees' representatives to express an opinion to the competent organ of the Community- scale undertaking or Community-scalewhich allows the European Works Council or employees' representatives, on the basis of conclusive written information, to express an opinion on measures envisaged by the competent organ which may be taken into account in the decision- making process within the undertaking or group of undertakings;
Amendment 26 #
Proposal for a directive
Article 5 – paragraph 2 – point c
Article 5 – paragraph 2 – point c
(c) The central management and local management and the competent European and national workers' and employers' organisations shall be informed in advance of the composition of the special negotiating body and of the start of the negotiations and shall be entitled to attend the meeting of the special negotiation body as observers.
Amendment 28 #
Proposal for a directive
Article 5 – paragraph 6 – subparagraph 2
Article 5 – paragraph 6 – subparagraph 2
In compliance with this principle, Member States may lay down budgetary rules regarding the operation of the special negotiating body. They may in particular limit the funding to cover one expert only.
Amendment 32 #
Proposal for a directive
Article 7 – paragraph 1 – indent 3
Article 7 – paragraph 1 – indent 3
– where, after threone years from the date of this request, they are unable to conclude an agreement as laid down in Article 6 and the special negotiating body has not taken the decision provided for in Article 5(5), unless the parties agree to extend negotiations for a period of up to six months; – where no meeting with the special negotiating body has taken place for a period of more than four months.
Amendment 33 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Without prejudice to the competence of other bodies or organisations in this respect, the memberployees' representatives of the European Works Council shall have the means required to apply the rights stemming from this Directive and collectively represent the interests of the employees of the Community-scale undertaking or Community-scale group of undertakings and shall have the means required to apply the rights stemming from this Directive.
Amendment 34 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Without prejudice to Article 8, the memberployees' representatives of the European Works Council shall 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 carried out in accordance with this Directive.
Amendment 35 #
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
4. In so far as this is necessary for the exercise of their representative duties in an international environment, the members of the special negotiating body and of the European Works Council shall be permitted to attend training without loss of wagesentitled to receive training. Time spent travelling to and from a European Works Council training events as well as time participating in the training shall be considered as working time.
Amendment 38 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Member States shall provide for appropriateffective, appropriate and dissuasive measures in the event of failure to comply with this Directive; in particular, they shall ensure that adequate administrative or judicial procedures are available to enable the obligations deriving from this Directive to be enforced.
Amendment 39 #
Proposal for a directive
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. Member States shall, in situations involving, inter alia, restructuring, mergers or takeovers, in which the application of a decision may have major negative effects on employees, provide for the suspension of the adoption of the final decision for an appropriate period at the request of the employees' representatives if they violate information or consultation rights with a view to continuing the negotiations in order to reach an agreement and avoid or alleviate the negative effects of the situation.
Amendment 40 #
Proposal for a directive
Article 11 – paragraph 2 b (new)
Article 11 – paragraph 2 b (new)
2b. The Member States shall introduce measures at national and European level in the event of a failure by employers or employees' representatives to comply with this Directive. In particular, Member States shall ensure that there are administrative and legal procedures which can be used to enforce compliance with the Directive, including procedures whereby employers and employees' representatives may seek legal redress, either administratively or through the courts, if they consider that the other party is failing to fulfil its obligations.
Amendment 53 #
Proposal for a directive
Annex I – point 2
Annex I – point 2
2. The European Works Council shall have the right to meet with the central management ontwice 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.