18 Amendments of Sari ESSAYAH related to 2012/2292(INI)
Amendment 8 #
Motion for a resolution
Citation 17
Citation 17
Amendment 16 #
Motion for a resolution
Recital A
Recital A
A. whereas, according to the Commission’s TCA database, the number of European transnational company agreements has increased significantly and whereas this indicates that labour relations in Europe are becoming increasingly integratedin EU/EEA territory is fewer than 70;
Amendment 20 #
Motion for a resolution
Recital B
Recital B
B. whereas themore are no judicial and/or extrajudicial procedures for settling disputes which arise when interpreting and performing these agreend more new TCAs contain agreements on dispute resolution procedures, as both employees’ and employers’ organisations recommentsd;
Amendment 24 #
Motion for a resolution
Recital C
Recital C
C. whereas the legal status of these agreements at European levelvaries, as laws on working life and ion relation to national legal orders is unclearagreements differ nationally in accordance with the subsidiarity principle;
Amendment 33 #
Motion for a resolution
Recital F
Recital F
F. whereas it is a particular feature of the European Social Dialogue that itEuropean dialogue promotes the preservation and growth of employment, improvements in working conditions and thus greater prosperity for employees of transnational undertakings by innovative means while preserving national autonomy in collective bargaining;
Amendment 46 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that this resolution is concerned with European transnational company agreements concluded by European trade union federations and European employers or employers’ federations, generally at sectoral level,(TCAs) and that the resolution does not concern international transnational company agreements (ITCA) signed by international trade union federations with undertakings;
Amendment 51 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Proposes that in the medium term an optional European legal framework should be adopted for these European transnational companypractices relating to these European transnational company agreements should be promoted which recognise the contracting parties’ contractual autonomy and it is recommended that provisions be incorporated in the agreements concerning dispute resolution; stresses that there is no need for a European legal framework for these agreements;
Amendment 70 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that TCAs differ from one another, for example as regards extent of applicability, scope and signatories, in accordance with the purposes, points of departure, needs and objectives of those parties, that businesses and corporate cultures differ substantially from one another and that contracting parties’ autonomy to create different kinds of TCA must be respected;
Amendment 73 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Proposes that the social partners take as their basis an optional European legal framework in order, even before negotiations at European level, to eliminate certain potential problems at source and in order to have their attention drawn to regulatory solutions which have proved useful and effectivcontracting parties draw up TCAs carefully case by case in accordance with the needs of each enterprise and its employees to eliminate certain potential problems at source;
Amendment 77 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that the applicatconclusion of such an optional legal framework should be optional for the social partnersTCAs is optional;
Amendment 82 #
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 93 #
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 102 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recommends introducing extrajudicial dispute settlement procedures; considers that, in European transnational company agreements, a first ad hoc contact point at undertaking level shouldObserves that, in European transnational company agreements, procedures may be agreed in order to bring about solutions to conflicts between the contracting parties;
Amendment 110 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recommends furthermore, as a second stage, introducing a European extrajudicial dispute resolution agency, to devise and then implement a tenable solution with the participation of the cont that the parties consider incorporacting parties, in which context the dispute resolution agency should be convened at the request of the European social partners voluntarily and from case to case in order to settle conflicts extrajudiciallyin TCAs provisions on a dispute resolution procedure;
Amendment 118 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recommends, in the medium termObserves, in view of the increasing transnationalisation of industrial relations, establishing over the next few ythat, if parties wish to give agreements legally binding status, this can be done by mearns an independent three- tier system of European labour courtsof clear references to the national legislative framework;
Amendment 122 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Stresses that there is no need at all to lay down basic principles concerning European TCAs;
Amendment 126 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recommends the establishment of fundamental criteria for European transnational company agreements which the negotiating parties should discuss and whose outcome they should record in writing in order to prevent problems of subsequent interpretation and application; notes that the following points, in particular, should be covered: the mandating procedure, i.e. clarification of the legitimacy and representativeness of the negotiating parties between which agreements are concluded,Believes that the parties to any TCA could, when negotiating the TCA, take account, for example, of the following facts: the place and date of conclusion of an agreement, substantive and geographical scope, the most favourable clause and the non- regression clause, the period of validity, the preconditions for denouncing the agreement and the dispute settlement procedures;
Amendment 132 #
Motion for a resolution
Paragraph 12
Paragraph 12