29 Amendments of Elisabeth MORIN-CHARTIER related to 2012/2061(INI)
Amendment 39 #
Motion for a resolution
Recital H
Recital H
H. whereas, the ‘Orientations for reference in managing change and its social consequences’ drawn up by the social partners in October 2003 have however not been followed by any significantlegislative measure leading to the practical implementation and concrete application of those guidelines, with the exception of two cycles of national seminars held by the social partners in the framework of their pluriannual work programmes;
Amendment 81 #
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 stakeholders, each in their respective capacity and competence, and at a moment which corresponds to their different responsibilities, act in a spirit of cooperation, based on timely and comprehensive information and consultation.
Amendment 86 #
Proposal for a recommendation
Recommendation 1 Recital 2
Recommendation 1 Recital 2
(2) Anticipation, preparation and management of change must take place in the context of strengthening social dialogue and with a view to promoting change in a manner compatible with the preservation of the priority objectives of competitiveness and employment.
Amendment 92 #
Proposal for a recommendation
Recommendation 1, Recital 4
Recommendation 1, Recital 4
(4) Restructuring is facilitated and its impact softened when companies develop on a regular or permanent basis the skills and competences of their workers.
Amendment 99 #
Proposal for a recommendation
Recommendation 1, Recital 6
Recommendation 1, Recital 6
(6) It is a widely recognised that any restructuring operation should be subject toaccompanied by an explanation and of justification to the stakeholders.
Amendment 106 #
Proposal for a recommendation
Recommendation 1, Recital 8
Recommendation 1, Recital 8
(8) The active involvementcooperation and assistance of public authorities at the relevant level in the preparation and management, management and above all implementation of restructuring operations contributes greatly to limiting their negative impact.
Amendment 116 #
Proposal for a recommendation
Recommendation 1, Recital 10
Recommendation 1, Recital 10
(10) Such an Union framework should apply to major restructuring operations of companies and groups of companies, those which employ on the territory of the Union at least 500 workers, and to restructuring operations of a implying either an important number of workers or an important percerntain dimension, covering at least 100 workers in a single company or 500 employege of the staff of those companies, in a company and its dependent companies or one or more Member States over a period of three monthslimited amount of time.
Amendment 126 #
Proposal for a recommendation
Recommendation 2, paragraph 1
Recommendation 2, paragraph 1
1. The purpose of the Directive is to promote and facilitate information and consultation in economic change and improve the way in which companies, employees' representatives, public authorities and other relevant stakeholders, each with different responsibility and a sequenced role in the process of restructuring, throughout the Union anticipate, prepare and manage in a socially responsible way corporate restructuring.
Amendment 139 #
Proposal for a recommendation
Recommendation 3, paragraph 1, point b
Recommendation 3, paragraph 1, point b
(b) "dependent companies" mean companies in a situation of substantial dependence of the ones above by reasons of subcontracting, supply contract and others;
Amendment 149 #
Proposal for a recommendation
Recommendation 3, paragraph 1, point f
Recommendation 3, paragraph 1, point f
(f) "public authorities" mean bodies of the public administration at the relevant level, as designated by Member States, including local employment services;
Amendment 158 #
Proposal for a recommendation
Recommendation 3, paragraph 2
Recommendation 3, paragraph 2
2. The present Directive covers restructuring operations affecting at least 100either a certain amount of employees in a singlwithin the company or 500 employees in a company and its dependent companiesthe group of companies, or a certain percentage of the same in one or more Member States over a period of three limited amounths of time.
Amendment 177 #
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 in order to anticipate changed job requirements within companies. Employees shall recognise that education and lifelong learning are necessary to enhance their employability and shall accept relevant training offers.
Amendment 195 #
Proposal for a recommendation
Recommendation 5, paragraph 2, point b
Recommendation 5, paragraph 2, point b
(b) multiannual plans of employment and skills development covering the followingmost relevant areas:
Amendment 212 #
Proposal for a recommendation
Recommendation 5, paragraph 3
Recommendation 5, paragraph 3
3. Every employee shall be offered a given number of hours of training per year to be determined by law or collective agreement. Any refusal to accept that offer by employees shall only be permitted on justified grounds. However, the training needs should be mainly identified through 5-year skill-assessment, to check that their employability is maintained.
Amendment 216 #
Proposal for a recommendation
Recommendation 5, paragraph 4
Recommendation 5, paragraph 4
4. The provisions of paragraphs 1 to 3 above do not apply to companies and employees covered by an agreement, concluded at the relevant level and with the relevant parties, on the procedures for anticipating and skills or assessment forward-looking planning of employment and skills needs.
Amendment 232 #
Proposal for a recommendation
Recommendation 6, paragraph 1
Recommendation 6, paragraph 1
1. Except in circumstances where restructuring is triggered by unforeseen or sudden events, any restructuring operation shall be preceded by an appropriate preparation with all the stakeholders concernedconducted with all the stakeholders concerned, according to their respective competences, with a view to preventing or alleviating its economic, social and local impact.
Amendment 246 #
Proposal for a recommendation
Recommendation 6, paragraph 2 a (new)
Recommendation 6, paragraph 2 a (new)
2a. In the context of any restructuring the impact on dismissals should be dealt with as a priority, with a clear and transparent commitment by the company with regard to employment.
Amendment 279 #
Proposal for a recommendation
Recommendation 8, paragraph 1
Recommendation 8, paragraph 1
1. When the need to restructure occursis seen, on the basis of objective criteria, to exist as a result of the need to preserve their competitiveness and long-term prosperity, companies shall consider redundancies only as last resort and only after considering all possible alternative options and identifying and, where available, implementing supporting measures.
Amendment 280 #
Proposal for a recommendation
Recommendation 8, paragraph 2
Recommendation 8, paragraph 2
2. In particular, companies shall consider the followingall relevant options as alternatives and engage into a dialogue with internal and external stakeholders to try and associate them to the solution for redundancies:
Amendment 287 #
Proposal for a recommendation
Recommendation 8, paragraph 2, point e
Recommendation 8, paragraph 2, point e
(e) internal or external redeploymentclassification within the group of companies or other companies not belonging to the group;
Amendment 292 #
3. When redundancies cannot be avoided or as part of the package to be implemented in the context of alternative options, companies, with the assistance of local authorities and public/private employment services, shall make available to the employees concerned measures that aim to enhance their employability and help them to re-enter the labour market as quickly as possible. Particular attention shall be given by the public authorities to the quality of the social plan and in particular to training measures, assistance for voluntary departure and measures for women and older employees. Severance payments made by the company which have the nature of damages to compensate for the injury suffered by the employee shall be dealt with specifically in each Member State’s legislation. The amount of such payments shall be greater than that provided for in the case of individual dismissal. Furthermore, the sums paid shall be exempt from social contributions and tax.
Amendment 320 #
Proposal for a recommendation
Recommendation 11, paragraph 1
Recommendation 11, paragraph 1
1. Public authorities and employment services at different levels shall intervencontribute in an anticipation and management capacity by:
Amendment 332 #
Proposal for a recommendation
Recommendation 11, paragraph 2
Recommendation 11, paragraph 2
2. Public authorities shall monitorand employment services shall assist or advice the mechanisms for long-term planning and multi-annual plans of employment and skills needs developed within companies, notably in organizing skill assessment for all employees concerned.
Amendment 340 #
Proposal for a recommendation
Recommendation 11, paragraph 3, point a
Recommendation 11, paragraph 3, point a
a) create permanent bodies, networks or observatories to monitor change processes and provide free skill assessment, in priority for employees suffering from lack of employability;
Amendment 346 #
Proposal for a recommendation
Recommendation 11, paragraph 3, point b
Recommendation 11, paragraph 3, point b
b) promote territorial employment pacts aimed at favouring employment creation and adaptation and try to attract investment by all means;
Amendment 349 #
Proposal for a recommendation
Recommendation 11, paragraph 3, point c
Recommendation 11, paragraph 3, point c
c) promote or create mechanisms facilitating employment transitions, including by company networking and exchange of good practices;
Amendment 373 #
Proposal for a recommendation
Recommendation 14, paragraph 1
Recommendation 14, paragraph 1
1. Companies shall monitortry to develop knowledge, on a permanent basis, in co- operation with external bodies and authorities, the psycho- social health of employees affected by restructuring processes, both redundant employees and those staying in the company, in a spirit of prevention.
Amendment 379 #
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 when appropriate, with the external organisations involved in that process.
Amendment 406 #
Proposal for a recommendation
Recommendation 16, paragraph 2
Recommendation 16, paragraph 2
2. Member States shall provide that companies that do not comply with the provisions resulting from the Directive shall not benefit from any funding in provenance of European Union budget in the five-year period following a judicial decision recognising the breach. Member States will also ensure that the public authorities and all bodies depending on its own authority, provide the assistance or advice which is required from them in order to ease and facilitate a smooth process of restructuring, in order to minimize the impact.