22 Amendments of Alejandro CERCAS related to 2012/2061(INI)
Amendment 20 #
Motion for a resolution
Recital C
Recital C
C. whereas, as consistently highlighted in recent policy papers from the Commission, especially the Europe 2020 Strategy and the Industrial Policy Communication of 278 October 2010, ‘Better anticipating and managing restructuring would help employees and companies to adapt to transitions imposed by excess capacities and by modernisation and structural adjustment’. (…) ‘Management and employees’ representatives are the key players to agree on restructuring strategies at company level. Policy interventions should accompany such restructuring to avoid social hardship and promote new skills and jobs, thus avoidminimising mass redundancies and the decline of entire regions or the relocation of entire industries, by facilitating economic conversion and professional transition.‘;
Amendment 47 #
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas this resolution is without prejudice to employment protection obligations and obligations related to employment termination resulting from national law;
Amendment 84 #
Proposal for a recommendation
Recommendation 1 Recital 1 a (new)
Recommendation 1 Recital 1 a (new)
(1a) Economically successful and socially responsible restructuring requires integrating it into a long-term strategy aiming at ensuring and strengthening the long-term sustainability and competitiveness of the company. It also requires putting human resources at the heart of companies' strategic development.
Amendment 93 #
Proposal for a recommendation
Recommendation 1, Recital 4 a (new)
Recommendation 1, Recital 4 a (new)
(4a) Adaptable companies and resilient workforces develop, in cooperation with workers' representatives, the regional and local authorities and other relevant organisations, mechanisms of anticipation and of forward planning of employment and skills needs. They recognise the right for every worker to benefit from appropriate training. Workers recognise that education and lifelong learning are necessary to strengthen their employability.
Amendment 119 #
Proposal for a recommendation
Recommendation 1, Recital 10
Recommendation 1, Recital 10
(10) Such an EU framework should apply to companies or group of companies, both privately and publicly owned, in accordance with national law and/or collective agreements. In any case to major companies and groups of companies, those which employ on the territory of the EU at least 500 workers, and to the restructuring operations of a certain dimension, covering at least 100 workers in a single company or 500 employees in a company and its dependent companies or one or more Member States over a period of three months. The prescribed thresholds for the size of the workforce are defined in line with the definition included in Directive 38/2009/EC.
Amendment 128 #
Proposal for a recommendation
Recommendation 2, paragraph 2
Recommendation 2, paragraph 2
2. To that end, companies and employees' representatives, when dealing with restructuring, in a spirit of cooperation, by recognizing that these processes aim at protecting at the same time the interests of companies as regards their competitiveness and sustainability and those of their employees.
Amendment 136 #
Proposal for a recommendation
Recommendation 3, paragraph 1, point a
Recommendation 3, paragraph 1, point a
(a) "companies" mean companies and groups of companies employing at least 500 employees in the Union, as well as any company part of the group referred to above, without prejudice to lower threshold provided by national law and/or collective agreements;
Amendment 152 #
Proposal for a recommendation
Recommendation 3, paragraph 1, point g
Recommendation 3, paragraph 1, point g
(g) "restructuring operation" means any re- organisation of thesubstantial process or measure to be adopted by the company or the employer addressed to re-organisation of the corporate and business structure, of work processes and organisation, of the location with a quantitative or qualitative impact on employment;
Amendment 154 #
Proposal for a recommendation
Recommendation 3, paragraph 1, point g a (new)
Recommendation 3, paragraph 1, point g a (new)
(ga) “information” is defined in line with the provision/definition in the European Society legislation and European Works Council directive EC 38/2009;
Amendment 155 #
Proposal for a recommendation
Recommendation 3, paragraph 1, point g b (new)
Recommendation 3, paragraph 1, point g b (new)
(gb) “consultation” is defined in line with the provision/definition in European Societies legislation and European Works Council directive EC 38/2009;
Amendment 159 #
Proposal for a recommendation
Recommendation 3, paragraph 2
Recommendation 3, paragraph 2
2. The present Directivetext, covers restructuring operations affecting at least 100 employees in a single company or 500 employees in a company and its dependent companies in one or more Member States over a period of three months. This is without prejudice to lower thresholds provided for by national law and/or collective agreements.
Amendment 218 #
Proposal for a recommendation
Recommendation 5, paragraph 4 a (new)
Recommendation 5, paragraph 4 a (new)
4a. Whenever possible and appropriate, companies: (a) develop the mechanisms and plans provided for in paragraph 2 in close operation with external actors, including regional authorities, universities and other education and training providers, technological institutes, innovation centres and development agencies; (b) participate or contribute to external employment and skills observatories, partnerships, networks and other relevant initiatives taken in the region and/or sector concerned.
Amendment 252 #
Proposal for a recommendation
Recommendation 7, paragraph 1
Recommendation 7, paragraph 1
1. ABeyond the obligations in EU worker information and consultation rules, any restructuring operation shall be subject to an early explanation and justification to all the relevant stakeholders on the basis of either long-term strategic goals and requirements or short-term constraints.
Amendment 258 #
Proposal for a recommendation
Recommendation 7, paragraph 2
Recommendation 7, paragraph 2
2. The dialoguejustification provided for in paragraph 1 shall include the justification ofreason for the choice of the measures envisaged in order to achieve the objectives and of other possible options, in the light of all the interests concerned.
Amendment 297 #
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 shall make available to the employees concerned measures that aim to enhanceaimed at re-enforcing their employability and helping them to re-enter the labour market as quickly as possible without prejudice to employment protection obligations and obligation related to employment termination resulting from national law.
Amendment 304 #
Proposal for a recommendation
Recommendation 9
Recommendation 9
9. The provisions of Recommendations 6, 7 and 78 do not apply to companies and employees covered by an agreement concluded at the relevant level and with the relevant parties on the procedures and mechanism for preparing, managing in a socially responsible way and minimising internal social costs of restructuring operations.
Amendment 312 #
Proposal for a recommendation
Recommendation 10, paragraph 1 a (new)
Recommendation 10, paragraph 1 a (new)
1a. For the purpose of paragraph 1, companies inform the regional or local authorities and other relevant actors of the measures being prepared in accordance with recommendation 8. They shall participate and/or contribute to any task-force or network established at regional or sectoral level to minimise the impact of the operation.
Amendment 313 #
Proposal for a recommendation
Recommendation 10, paragraph 1 b (new)
Recommendation 10, paragraph 1 b (new)
1b. Insofar as this proves to be necessary and in accordance with national or regional requirements, companies design and implement plans aimed at rehabilitating and/or reallocating industrial sites likely to be abandoned, as an environment measure, as a means to attract new activities and a way to absorb a proportion of the jobs to be lost.
Amendment 316 #
Proposal for a recommendation
Recommendation 10, paragraph 2
Recommendation 10, paragraph 2
2. The measures referred to in Recommendation 78 shall cover, as far as possible, the employees of companies that are dependent by reasons of subcontracting, supply contract and others. Dependent companies and their workers are, in any case, informed of those measures insofar as such information is required or useful for their own adaptation and for the management of the restructuring process within them.
Amendment 380 #
Proposal for a recommendation
Recommendation 14, paragraph 2 a (new)
Recommendation 14, paragraph 2 a (new)
2a. The Commission shall set up a specific coherent and consistent statistical system of information on restructuring operations addressed to implement a shared common definition on what situations qualify and makes a restructuring operation, the relevant causes and effects in order to measure the outcomes. Member States shall cooperate in this system by providing statistical information on restructuring operation, according to agreed technical specifications. In the meanwhile, the competent public authorities should ensure that the reporting requirements on the number and type of workers notified of dismissal according to the Collective Redundancies Directive should be collected and compiled at the national level.
Amendment 383 #
Proposal for a recommendation
Recommendation 14 a (new) (to be introduced as the First Recommendation in Section VI MISCELLANEOUS PROVISIONS)
Recommendation 14 a (new) (to be introduced as the First Recommendation in Section VI MISCELLANEOUS PROVISIONS)
Minimum requirements 1. This Directive is without prejudice to the Member States' right to apply or introduce legislative, regulatory or administrative provisions which are more favourable to workers or to promote or permit collective agreements concluded between the social partners which are more favourable to workers. 2. The implementation of this Directive shall under no circumstances constitute grounds for justifying a reduction in the general level of protection of workers in the fields covered by this Directive.
Amendment 386 #
Proposal for a recommendation
Recommendation 15, paragraph 1
Recommendation 15, paragraph 1
1. Member States shall provide that employees' representatives and any other person who accedes to information which has expressly been provided to them as a result of the Directive are not authorised to reveal it if it has been delivered on a confidential basis, according to national law and practice.