BETA

23 Amendments of Philip BUSHILL-MATTHEWS related to 2008/2246(INI)

Amendment 2 #
Motion for a resolution
Recital A
A. whereas the Member States have transposed Directive 2002/14/EC unevenly and in a minimalist manner,
2008/12/09
Committee: EMPL
Amendment 7 #
Motion for a resolution
Recital D
D. whereas the ‘recasting’ procedure chosen by the Commission for the review of Directive No 94/45/EC is minimalist and does not reflect Parliament’s call for a full, in-depth review of the directive1,deleted
2008/12/09
Committee: EMPL
Amendment 9 #
Motion for a resolution
Paragraph 1
1. Regrets that some Member States have not taken ‘atypical’ employees (part- not taken ‘atypical’ employees (part- time workers, temporary workers, time workers, temporary workers, trainees, apprentices and workers in trainees, apprentices and workers in assisted employment), into account in assisted employment), into account in their measures for the transposition of their measures for the transposition of Directive 2002/14/EC, and calls on Directive 2002/14/EC, and calls on them to do so; them to do so;
2008/12/09
Committee: EMPL
Amendment 13 #
Motion for a resolution
Paragraph 2 – introductory part
2. Reaffirms the need for the Member States to specify precisely the conditions surrounding, and restrictions on, the employer’s right under Article 6 of Directive 2002/14/EC not to disclose to employees’ representatives certain information which would seriously harm the functioning of the undertaking or establishment or to require them not to disclose such information, and specifically:
2008/12/09
Committee: EMPL
Amendment 14 #
Motion for a resolution
Paragraph 2 – point (a)
(a) the duration of that obligation after the expiry of the mandate of such expiry of the mandate of such employees’ representatives, employees’ representatives,
2008/12/09
Committee: EMPL
Amendment 15 #
Motion for a resolution
Paragraph 2 – point (b)
(b) the objectively verifiable criteria for the undertaking’s legitimate interest in keeping such information confidential or the risk of harm to the undertaking if such information were disclosed, not leaving this assessment to the sole discretion of the employer,
2008/12/09
Committee: EMPL
Amendment 16 #
Motion for a resolution
Paragraph 3 – point (a)
(a) rule out any condition based on an employee’s length of service when calculating workforce size thresholds of the undertaking or establishment which have implications for the applicability of rules on informing and consulting employees,deleted
2008/12/09
Committee: EMPL
Amendment 19 #
Motion for a resolution
Paragraph 3 – point (b)
(b) define precisely the term ‘information’, in such a way that the employer is not in such a way that the employer is not allowed complete freedom to interpret allowed complete freedom to interpret it, and in line with the spirit of it, and in line with the spirit of Directive 2002/14/EC, i.e. by Directive 2002/14/EC, i.e. by permitting employees’ representatives permitting employees’ representatives to examine the subject matter and not to examine the subject matter and not simply to acquaint themselves with it, simply to acquaint themselves with it,
2008/12/09
Committee: EMPL
Amendment 20 #
Motion for a resolution
Paragraph 3 – point (c)
(c) insert, in connection with the content of information, references to the use of Article 4(2)(b) of Directive 2002/14/EC,
2008/12/09
Committee: EMPL
Amendment 22 #
Motion for a resolution
Paragraph 3 – point (e)
(e) incorporate the requirement imposed on the social partners and on the employer in Article 4(4)(e) of Directive 2002/14/EC, to consult with deleted a view to reaching an agreement on decisions likely to lead to substantial changes in work organisation ;
2008/12/09
Committee: EMPL
Amendment 25 #
Motion for a resolution
Paragraph 4
4. Calls on Member States which do not possess sanctions sufficient to act as a deterrent on employers who fail to respect the right of employees to be informed and consulted, to enact such sanctions;
2008/12/09
Committee: EMPL
Amendment 32 #
Motion for a resolution
Paragraph 7
7. Regrets that the Commission has no plans to propose a modification to Directive 2002/14/EC and recalls the above-mentioned joint declaration by the European Parliament, the Council and the commission on employee representation;deleted
2008/12/09
Committee: EMPL
Amendment 34 #
Motion for a resolution
Paragraph 7
7. Regrets that the Commission has no plans to propose a modification to Directive 2002/14/EC and recalls the above-mentioned joint declaration by the European Parliament, the Council and the Commission on employee representation;
2008/12/09
Committee: EMPL
Amendment 35 #
Motion for a resolution
Paragraph 8
8. Calls on the Commission to propose a reform of Directive 2002/14/EC containing adequate provisions to: (a) make available to Member States a non-exhaustive list of possible sanctions they could take against employers who fail to comply with the right of employees to be informed and consulted as set out in Directive 2002/14/EC, (b) make the right of employees’ representatives to be informed and consulted an automatic right and not a right ‘on demand’, so as so avoid procedural difficulties in implementing this right, (c) lower the workforce size thresholds for the undertaking or establishment above which Directive 2002/14/EC applies, in order to give wider coverage to small and medium-sized enterprises, which make up a significant proportion of the European economy, (d) revoke the possibility of derogating from the application of Directive 2002/14/EC made available by Article 3(3) thereof;deleted
2008/12/09
Committee: EMPL
Amendment 48 #
Motion for a resolution
Paragraph 8 a (new)
8a .Calls on the Commission to submit an evaluation report on the results achieved through the application of Directive 2002/14/EC as regards strengthening the social dialogue, the ability to anticipate, prevention and employability on the labour market, and as regards its ability to prevent administrative, legal and financial difficulties among small and medium- sized undertakings, attaching appropriate proposals where necessary;
2008/12/09
Committee: EMPL
Amendment 49 #
Motion for a resolution
Paragraph 9
9. Regrets that, in the above-mentioned Commission proposal amending Directive 94/45/EC and the accompanying working document, the only political options considered are for the Union to do nothing, or for a non-regulatory approach;deleted
2008/12/09
Committee: EMPL
Amendment 50 #
Motion for a resolution
Paragraph 10
10. Considers that regulatory action bydeleted the Community is necessary and calls on the Commission to propose a full review of Directive 94/95/EC to Parliament and the Council;
2008/12/09
Committee: EMPL
Amendment 52 #
Motion for a resolution
Chapter III
Gradual harmonisation of the process of informing and consulting employees within the EU;
2008/12/09
Committee: EMPL
Amendment 53 #
Motion for a resolution
Paragraph 11
11. Regrets that some Member States have still not yet transposed Directive 2002/14/EC;deleted
2008/12/09
Committee: EMPL
Amendment 57 #
Motion for a resolution
Paragraph 13
13. Urges the Commission to take, as soon as possible, measures to ensure the proper transposition of Directive 2002/14/EC by the Member States;
2008/12/09
Committee: EMPL
Amendment 71 #
Motion for a resolution
Paragraph 15
15. Calls on the Commission to propose 2001/23/EC, 2001/86/EC, 2002/14/EC, 2003/72/EC and Regulation (EC) No 2157/2001;deleted coordinated amendments to Directives 94/45/EC, 98/59/EC,
2008/12/09
Committee: EMPL
Amendment 75 #
Motion for a resolution
Paragraph 15 a (new)
15a. Calls on the Commission where necessary to include in the evaluation study on the results of the application of Directive 2002/14/EC an analysis of the degree of consistency and coordination between directives governing the information and consultation of employees;
2008/12/09
Committee: EMPL
Amendment 76 #
Motion for a resolution
Paragraph 15 b (new)
15b Calls on the Commission to take initiatives as soon as possible in order to boost an effective culture of cooperation between the social partners in the European Union in the field of the information and consultation of employees, taking account of the nature of the subject matter and the characteristics and size of undertakings;
2008/12/09
Committee: EMPL