56 Amendments of Marije CORNELISSEN related to 2012/2061(INI)
Amendment 3 #
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
- having regard to the Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation1, _____________ 1 OJ L 303, 2.12.2000, p. 16.
Amendment 4 #
Motion for a resolution
Citation 13 b (new)
Citation 13 b (new)
- having regard to the European Parliament resolution of 15 December 2011 on the Mid-term review of the European Strategy 2007-2012 on occupational health and safety1, _____________ 1 P7_TA(2011)0589
Amendment 6 #
Motion for a resolution
Citation 21 a (new)
Citation 21 a (new)
- having regard to the Commission communication of 20 September 2011 on a "Roadmap to a Resource Efficient Europe" (COM(2011) 0571),
Amendment 7 #
Motion for a resolution
Citation 21 b (new)
Citation 21 b (new)
- having regard to the Commission communication of 8 March 2011 on "A Roadmap for moving to a competitive low carbon economy in 2050" (COM(2011) 0112),
Amendment 14 #
Motion for a resolution
Recital B
Recital B
B. whereas the crisis which began in 2008 has served to speed up the rate of change sharply; whereas it has added to the structural pressures to adapt to change resulting from the need to transform unsustainable parts of the economy and globalisation's more immediate constraints which subject undertakings, workers, territories and governments to critical tensions;
Amendment 16 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas restructuring becomes an issue for stakeholders only at a late stage, most often when redundancies are being considered;
Amendment 17 #
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas, when restructuring, it is the immediate and easily perceptible impact on employment that attracts most attention, while the adverse effect on working conditions and worker's health is not properly recognised and tackled;
Amendment 18 #
Motion for a resolution
Recital B c (new)
Recital B c (new)
Bc. whereas the multiple and diverse stakeholders involved in restructuring are isolated and rarely cooperate long-term;
Amendment 22 #
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 24 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas there is a need to prepare workers in a timely manner for a shift towards a resource efficient, climate- friendly economy which has a huge employment potential, but will give rise to the restructuring of unsustainable sectors and companies;
Amendment 30 #
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas restructuring in unsustainable sectors is necessary to attain the Europe 2020 Strategy goal of a smart, sustainable and inclusive economy and can help economic recovery if the transition is well planned, making sure employees in unsustainable sectors are provided with security, protection and training to make the transition to green jobs;
Amendment 33 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas, in cases of restructuring where redundancies are unavoidable, younger and older workers are more often targeted for redundancy than other age groups, even when this constitutes age discrimination under the relevant Union legislation;
Amendment 37 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas the deepening of the single market results in defragmentation of markets, which leads to extra competition which promotes restructuring; whereas the Union should take responsibility for this process by setting the framework to alleviate the social consequences of restructuring;
Amendment 44 #
Motion for a resolution
Recital J
Recital J
J. whereas, in spite of the strong statements referred to above, the Commission has delivered disappointing responses to parliamentary resolutions on information, consultation and restructuring, highlighting the need for urgent and concrete steps in this area, and to requests coming from other relevant economic and social players;
Amendment 51 #
Motion for a resolution
Recital L a (new)
Recital L a (new)
L a. whereas there are currently large differences in national law on the responsibilities of employers towards their employees in the process of restructuring; whereas, in some countries, the European Adjustment Globalisation Fund is used for measures that in other countries are the responsibility of the employer;
Amendment 59 #
Motion for a resolution
Recital M a (new)
Recital M a (new)
Ma. whereas, with a view to helping workers and companies to anticipate changes more effectively, the Commission1 has launched in-depth research and analyses, both on the restructuring phenomenon itself and on the monitoring of activity sectors, including a series of studies on changes in employment between now and 2020; whereas this prospective analysis is being carried out in conjunction with independent researchers, social partners and other European institutions, such as the European Parliament, and Union agencies and bodies such as EUROFOUND's European Monitoring Centre on Change (EMCC)2 and the European Centre for the Development of Vocational Training (Cedefop). __________________ 1 SEC(2008) 2154 COMMISSION STAFF WORKING PAPER, Restructuring and employment the contribution of the European Union. 2 In 2001 one of the proposals of the Gyllenhammar Expert Group was implemented. This involved the establishment of a European Monitoring Centre on Change (EMCC) within EUROFOUND, the European Foundation for the Improvement of Living and Working Conditions in Dublin. The EMCC manages in particular the European Restructuring Monitor (ERM), which collects information on restructuring operations on a certain scale.
Amendment 87 #
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 presentrvation of the priority objectives of employment and health of workers.
Amendment 90 #
Proposal for a recommendation
Recommendation 1 Recital 3
Recommendation 1 Recital 3
(3) There is a need to envisage, promote and enhance anticipatory measures concerning the company situation and likely development of employment and working conditions, in particular where employmentthese may be under threat.
Amendment 94 #
Proposal for a recommendation
Recommendation 1, Recital 4 a (new)
Recommendation 1, Recital 4 a (new)
(4a) Restructuring processes impact beyond the perimeter of a single company, as companies increasingly work in networks, which intensifies the need to set up multipartite forums for debate on social issues.
Amendment 96 #
Proposal for a recommendation
Recommendation 1, Recital 5
Recommendation 1, Recital 5
(5) Good restructuring practices require preparation as early as possible and starting as soon as the need to restructure is envisaged, making it possible to avoid or to reduce to a minimum its economic, social, environmental and territorial impact.
Amendment 102 #
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 to an explanation and of justification to the stakeholders, including on the choice of the measures envisaged in relation to the objectives and to alternative options.
Amendment 110 #
Proposal for a recommendation
Recommendation 1, Recital 8 a (new)
Recommendation 1, Recital 8 a (new)
(8a) Too much emphasis on fiscal consolidation threatens to limit the capacity of public authorities to mitigate the negative impact of restructuring, and therefore the capacity of the economy as a whole to adapt and recover.
Amendment 124 #
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 throughout the Union anticipate, prepare and manage in a socially and environmentally responsible way corporate restructuring.
Amendment 130 #
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 competitiveness and sustainability and those of their employees, as regards social security and employment, health and working conditions.
Amendment 135 #
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 2500 employees in the Union or being at least medium size according to the EU recommendation 2003/361, as well as any company part of the group referred to above;
Amendment 147 #
Proposal for a recommendation
Recommendation 3, paragraph 1, point e
Recommendation 3, paragraph 1, point e
(e) "employeeworkers" mean the employees of the companies covered by the Directive, irrespective of the type of employment contractworkers with contracts of employment of indefinite duration as in Regulation (EC) No 1927/2006, but also workers with fixed- term contracts, temporary agency workers and dependent self-employed workers;
Amendment 168 #
Proposal for a recommendation
Recommendation 4, paragraph 2
Recommendation 4, paragraph 2
2. Long-term strategic planning shall include human resources, employment and skills objectives that focus on developing, on a permanent basis, the skills and competences of the workforce in order to increase the competitiveness and sustainability of the company and its capacity of adaptation, as well as to increase the employability of employees and to manage their internal and external mobility.
Amendment 169 #
Proposal for a recommendation
Recommendation 4, paragraph 2
Recommendation 4, paragraph 2
2. Long-term strategic planning shall includes human resources, employment and skills objectives that focussed on developing, on a permanent basis, the skills and competences of the workforce in order to increase the competitiveness of the company and its capacity of adaptation, as well as to increase the employability of employees and to manag, to ease the transitions of employees and to facilitate their internal and external mobility.
Amendment 175 #
Proposal for a recommendation
Recommendation 4, paragraph 3
Recommendation 4, paragraph 3
3. To that end, companies recognize the right for every employee to benefit from appropriate training, whatever their age or type of contact. Employees shall recognise that education and lifelong learning are necessary to enhance their employability and shall accept relevant training offers.
Amendment 192 #
Proposal for a recommendation
Recommendation 5, paragraph 2, point a
Recommendation 5, paragraph 2, point a
(a) mechanisms for the long-term planning of quantitative and qualitative employment and skills needs that are linked to innovation and development strategies and that take into account the foreseeable evolution of employment and skills and working conditions, both positive and negative;
Amendment 194 #
Proposal for a recommendation
Recommendation 5, paragraph 2, point b
Recommendation 5, paragraph 2, point b
(b) multiannual plans of employment, skills and working conditions development covering the following areas:
Amendment 201 #
Proposal for a recommendation
Recommendation 5, paragraph 2, point b, subpoint 2 a (new)
Recommendation 5, paragraph 2, point b, subpoint 2 a (new)
– regular working conditions assessments especially in regard to the organisation of work;
Amendment 223 #
Proposal for a recommendation
Recommendation 5, paragraph 5
Recommendation 5, paragraph 5
5. Dependent companies shall be informed of the mechanisms and plans provided for in paragraph 2. Their employees shall be covered by those mechanisms and plans upon the request of the dependent company, justified on the grounds that those mechanisms and plans are required or useful for their own adaptation and development. This shall not preclude dependent companies from developing their own mechanisms.
Amendment 226 #
Proposal for a recommendation
Recommendation 5, paragraph 5 a (new)
Recommendation 5, paragraph 5 a (new)
5a. Companies shall reserve adequate financial means to be able to cofinance the activities referred to in points 1-5.
Amendment 230 #
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, aAny restructuring operation shall be preceded by an appropriate preparation with all the stakeholders concerned, including workers´ councils, with a view to preventing or alleviating its economic, social and local impact, except in circumstances where restructuring is triggered by a sudden and unforeseen event for which the employer could not reasonably be expected to prepare, e.g. a natural disaster.
Amendment 244 #
Proposal for a recommendation
Recommendation 6, paragraph 2
Recommendation 6, paragraph 2
2. This preparation shall be carried out as early as possible and shall start as soon as the need to restructure is contemplated except in the exceptional circumstances referred to in paragraph 1 above, it shall be carried out within a timeframe that allows for meaningful consultation of all concerned stakeholders and the adoption of measures making it possible to avoid or to mitigatreduce to the minimum its economic, social and local impact.
Amendment 266 #
Proposal for a recommendation
Recommendation 7, paragraph 3
Recommendation 7, paragraph 3
3. Companies shall from the beginning inform the public authorities and trade unions at the relevant level, in particular at local level, and involve them in the preparation of the restructuring process.
Amendment 285 #
Proposal for a recommendation
Recommendation 8, paragraph 2, point d
Recommendation 8, paragraph 2, point d
Amendment 293 #
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, companiesemployers shall respect anti- discrimination legislation, particularly in the field of age discrimination, in selecting the employees targeted for redundancy and 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.
Amendment 294 #
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 enhance their employability and help them to re-enter the labour market in as quickly as possible and sustainable way.
Amendment 295 #
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 enhance their employability, awarding reemployment rights for previously made redundant workers if times get better and the firm subsequently wants to hire again and helping them to re-enter the labour market as quickly as possible.
Amendment 300 #
Proposal for a recommendation
Recommendation 8, paragraph 3 a (new)
Recommendation 8, paragraph 3 a (new)
Amendment 307 #
Proposal for a recommendation
Recommendation 10 Title
Recommendation 10 Title
Minimising external economic and soci, social and environmental impacts
Amendment 310 #
Proposal for a recommendation
Recommendation 10, paragraph 1
Recommendation 10, paragraph 1
1. When a restructuring operation has major local effects, companies shall seek to develop complementarities and synergies between their preparatory action and the actions of the all the other actors, with a view to maximising the re-employment opportunities of employees at risk of being or to be made redundant, in order to encouraging economic and soci, social and environmental re- conversion and to developing new sustainable economic activities generating jobsquality jobs in an environmentally friendly way.
Amendment 328 #
Proposal for a recommendation
Recommendation 11, paragraph 1, point b
Recommendation 11, paragraph 1, point b
b) Supporting the anticipation of processes and particular restructuring operations, with a view to alleviating their economic and soci, social and environmental impact
Amendment 345 #
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 as well as decent working conditions;
Amendment 355 #
Proposal for a recommendation
Recommendation 11, paragraph 3, point e
Recommendation 11, paragraph 3, point e
e) favour regional employment and economic and soci, social and environmental re- conversion.
Amendment 358 #
Proposal for a recommendation
Recommendation 12, paragraph 1
Recommendation 12, paragraph 1
1. Without prejudice to the obligations of companies resulting from Union law, national laws or practices, public authorities shall co- finance employability measures that favour employees of companies undergoing restructuring, insofar as this type of support is necessary or appropriate for allowing them to quickly re-enter the labour market.
Amendment 365 #
Proposal for a recommendation
Recommendation 12, paragraph 2
Recommendation 12, paragraph 2
2. In accordance with the rules governing them, European Union Funds, and in particular ERDF, ESF and EGSF funds, may be used in supporting integrated action to anticipate and to prepare for restructuring, as well as to help employers to adapt to change for the purposes of paragraphs 1 and 2.
Amendment 366 #
Proposal for a recommendation
Recommendation 12, paragraph 2 a (new)
Recommendation 12, paragraph 2 a (new)
2a. Without replacing any obligations of Member States or employers resulting from Union law, national laws or practices, in accordance with the rules governing it, the EGF fund may be used to provide financial support for the rapid reintegration of redundant workers into employment.
Amendment 381 #
Proposal for a recommendation
Recommendation 14, paragraph 2 a (new)
Recommendation 14, paragraph 2 a (new)
2a. 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 are collected and compiled at the national level.
Amendment 389 #
Proposal for a recommendation
Recommendation 15, paragraph 2
Recommendation 15, paragraph 2
Amendment 398 #
Proposal for a recommendation
Recommendation 16, paragraph 1
Recommendation 16, paragraph 1
1. Member States shall provide for appropriate measures in the event of failure to comply with the Directive; in particular, they shall ensure that adequate penalties and administrative or judicial procedures are available to enable the obligations deriving from the Directive to be enforced.
Amendment 405 #
Proposal for a recommendation
Recommendation 16, paragraph 2
Recommendation 16, paragraph 2
2. Member States shall provide that companieemployers that do not comply with the provisions resulting from the Directive shall refund and not benefit from any funding in provenance of European Union budget in the five-year period following a judicial decision recognising the breach.
Amendment 410 #
Proposal for a recommendation
Recommendation 16, paragraph 3
Recommendation 16, paragraph 3
3. Member States shall exclude from the benefit of public aids and contracts from the national budgets during the same period the companiesemployers who are in the situation referred to in paragraph 2.
Amendment 418 #
Proposal for a recommendation
Recommendation 16, paragraph 4
Recommendation 16, paragraph 4
4. Notwithstanding paragraphs 2 and 3, nothing shall preclude the use of funds from the general budget of the European Union and from national budgets for the direct benefit of the employees of the companiworkplaces referred to in those paragraphstherein.