70 Amendments of Verónica LOPE FONTAGNÉ related to 2012/2061(INI)
Amendment 13 #
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 ithat crisis has added to the structural pressures to adapt to change resulting from globalisation's more immediate constraints which subject undertakings, workers, territories and governments to critical tensionrequire companies and their employees to make such changes as are necessary to safeguard competitiveness and protect jobs;
Amendment 35 #
Motion for a resolution
Recital G
Recital G
G. whereas, as stated in the Single Market Act, ‘The Lisbon Treaty, and the affirmation of the concept of a ‘highly competitive social market economy’ as one of its key objectives, require the Union to adopt a more all-embracing view of the single market (...) A European framework for restructuring exercises would make for an environment based on mutual trust.’;
Amendment 38 #
Motion for a resolution
Recital H
Recital H
Amendment 41 #
Motion for a resolution
Recital I
Recital I
I. whereas the Commission has looked for concrete contributions on how to further develop policy in this area through its ‘Green Paper on Restructuring and anticipation of change: what lessons from recent experience?’ of 17 January 2012, in which it recognises that ‘technological change and innovation may force adjustment strategies for companies and labour, but there are also indications that innovation, combined with research and education can build an effective way to pull Europe out of the crisis’;
Amendment 50 #
Motion for a resolution
Recital L
Recital L
L. whereas, despite consulting the European social partners have been consulted twice in the previous decade , the Commission has failed to take practical steps to ensure the wide application throughout the Union of the anticipative and proactive approaches and socially responsible restructuring practices that it recalls in so many policy documents (see above);
Amendment 55 #
Motion for a resolution
Recital M
Recital M
M. whereas good information and consultation in relation to restructuring means a more intelligent, proactive, responsible and strategic manner, which willmay contribute to making undertakings and the Union more competitive, as well as sending out a message of certainty and transparency to European citizens at a time of crisis;
Amendment 57 #
Motion for a resolution
Recital M a (new)
Recital M a (new)
Ma. whereas companies which fail to adapt to changing circumstances will be unable to keep pace with their competitors in the long term;
Amendment 61 #
Motion for a resolution
Recital M b (new)
Recital M b (new)
Mb. whereas companies and sectors tend to be in the best position to gauge their own restructuration needs;
Amendment 62 #
Motion for a resolution
Recital M c (new)
Recital M c (new)
Mc. whereas each Member State is involved in different restructuring processes, and the repercussions are different in each country;
Amendment 64 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Requests the Commission to submit to the Parliament within three months of the date of adoption of this resolution on the basis of Article 225findings of the TGreaty, a legislative proposal for a directive as recommended in the Annexen Paper consultation;
Amendment 67 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Requests the Commission, if the findings of the Green Paper consultation deem it necessary, to propose a recommendation on restructuring at the earliest possible date, respecting the principle of subsidiarity;
Amendment 68 #
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. confirms that in order to create conditions favourable to change which are also able to anticipate and prevent its possible negative impact in terms of job losses, it is essential to take coordinated action at the most appropriate level (regional, national and/or European) in the following spheres: strengthening of the European internal market, with special focus on improving access to funding; stability and predictability of the regulatory framework; efficiency of the labour markets; increasing the employability of workers through better focused, higher quality education and training; and strong support for innovation and for an active and effective industrial policy able to help to create new opportunities for both enterprises and workers;
Amendment 69 #
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Emphasises that SMEs are not as well equipped as large businesses when it comes to developing the same type of good restructuring practices. They should therefore be supported and encouraged to participate in the restructuring process of the enterprises on which they depend;
Amendment 71 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Confirms that the above-mentioned recommendations respect the principle of subsidiarity and proportionality and the fundamental rights of citizens;
Amendment 72 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Confirms the relevance of strong social dialogue based on mutual trust and shared responsibility, as being the best instrument with which to seek consensual solutions and common outlooks when predicting, preventing and managing restructuring processes. From this perspective, it is important to intensify the exchange of best practices and experiences at European level;
Amendment 73 #
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls on the Commission to assess whether it is necessary to take steps at European level to supervise the activities of companies in order to prevent any sort of abuse with prejudicial effects, particularly on workers;
Amendment 74 #
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Calls for dismissal to be seen as a last resort after having considered all possible alternatives, without this diminishing the competitiveness of enterprises.
Amendment 75 #
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 77 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Instructs its President to forward this legislative proposalresolution and the accompanying detailed recommendations to the Commission and the Council.
Amendment 79 #
Proposal for a recommendation
Recommendation 1
Recommendation 1
Amendment 80 #
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 stakeholderpublic authorities act in a spirit of cooperation, based on timely and comprehensive information and consultation, as required by existing European Union laws such as the Collective Redundancies, Transfer of Undertakings, Framework Information and Consultation and the European Works Councils Directives.
Amendment 91 #
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 permanent basis the skills and competences of their workers, thereby boosting their own ability to adapt, making their workers more employable and fostering their internal and external mobility.
Amendment 98 #
Proposal for a recommendation
Recommendation 1, Recital 6
Recommendation 1, Recital 6
(6) It is a widely recognised that anylarger-scale restructuring operations that are liable to have a significant impact should be subject to an explanation and of justification to the stakeholders,.
Amendment 113 #
Proposal for a recommendation
Recommendation 1, Recital 9
Recommendation 1, Recital 9
(9) It is important that companies, in conjunction with employees' representatives, createapply existing tools for regular evaluation and reporting on their restructuring practicesactivities to anticipate restructuring, in accordance with the procedures and practices developed at national level.
Amendment 115 #
Proposal for a recommendation
Recommendation 1, Recital 10
Recommendation 1, Recital 10
Amendment 121 #
Proposal for a recommendation
Recommendation 1, Recital 11
Recommendation 1, Recital 11
(11) Any Union framework on anticipation, preparation and management of change and restructuring should encourage and give precedentce to agreement between the most concerned parties, so that only in the absence of such agreement should standard rules apply.
Amendment 125 #
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 responsible way corporate restructuring.
Amendment 131 #
Proposal for a recommendation
Recommendation 3, paragraph 1
Recommendation 3, paragraph 1
Amendment 132 #
Proposal for a recommendation
Recommendation 3, paragraph 1, point a
Recommendation 3, paragraph 1, point a
Amendment 137 #
Proposal for a recommendation
Recommendation 3, paragraph 1, point b
Recommendation 3, paragraph 1, point b
Amendment 140 #
Proposal for a recommendation
Recommendation 3, paragraph 1, point c
Recommendation 3, paragraph 1, point c
Amendment 141 #
Proposal for a recommendation
Recommendation 3, paragraph 1, point d
Recommendation 3, paragraph 1, point d
Amendment 144 #
Proposal for a recommendation
Recommendation 3, paragraph 1, point e
Recommendation 3, paragraph 1, point e
Amendment 148 #
Proposal for a recommendation
Recommendation 3, paragraph 1, point f
Recommendation 3, paragraph 1, point f
Amendment 150 #
Proposal for a recommendation
Recommendation 3, paragraph 1, point g
Recommendation 3, paragraph 1, point g
Amendment 157 #
Proposal for a recommendation
Recommendation 3, paragraph 2
Recommendation 3, paragraph 2
Amendment 164 #
Proposal for a recommendation
Recommendation 4, paragraph 1
Recommendation 4, paragraph 1
1. Any restructuring operation shall be integrated into a long-term strategy that aims to ensure and strengthening the long- term sustainability and competitiveness of the company, while stimulating a culture geared to innovation.
Amendment 167 #
Proposal for a recommendation
Recommendation 4, paragraph 2
Recommendation 4, paragraph 2
2. Long-term strategic planning shall include economic developments, as well as 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 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 174 #
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 fromencourage employees' access to appropriate training. Employees shall recognise that education and lifelong learning are necessary to enhance their employability and shall accept relevant training offers.
Amendment 184 #
Proposal for a recommendation
Recommendation 5, paragraph 1
Recommendation 5, paragraph 1
1. Companies shallmay develop, in cooperation with employees' representatives and, where applicable, with public authorities and other relevant stake-holders, mechanisms that anticipate and plan for future employment and skills needs.
Amendment 187 #
Proposal for a recommendation
Recommendation 5, paragraph 2, introductory part
Recommendation 5, paragraph 2, introductory part
2. To that end, companies shallmay establish, in co-operation with employees' representatives and other relevant stakeholders:
Amendment 190 #
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 economic developments and the foreseeable evolution of employment and skills, both positive and negative;
Amendment 197 #
Proposal for a recommendation
Recommendation 5, paragraph 2, point b, subpoint 1
Recommendation 5, paragraph 2, point b, subpoint 1
– support for the creation of a learning advisorsculture to help employees select and follow adequate training;
Amendment 205 #
Proposal for a recommendation
Recommendation 5, paragraph 2, point b, subpoint 6
Recommendation 5, paragraph 2, point b, subpoint 6
– training packages, if needed, in co- operation with external stakeholdersrogrammes, both internal and external;
Amendment 207 #
Proposal for a recommendation
Recommendation 5, paragraph 2, point b, subpoint 8
Recommendation 5, paragraph 2, point b, subpoint 8
– specific training measures to tackle possible negative or problematic developmenthat will help to combat concrete identified problems.
Amendment 209 #
Proposal for a recommendation
Recommendation 5, paragraph 3
Recommendation 5, paragraph 3
Amendment 214 #
Proposal for a recommendation
Recommendation 5, paragraph 4
Recommendation 5, paragraph 4
Amendment 222 #
Proposal for a recommendation
Recommendation 5, paragraph 5
Recommendation 5, paragraph 5
5. Dependent companies shall be informed of the mechanismassessments and plans provided for in paragraph 2. Their employees shallmay be covered by those mechanismassessments and plans upon the request of the dependent company, justified on the grounds that those mechanismassessments and plans are required or useful for their own adaptation and development.
Amendment 233 #
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, above all any such operation that is liable to have a significant negative impact, shall be preceded by an appropriate preparation with all the stakeholders concerned with a view to preventing or alleviating its economic, social and local impact.
Amendment 243 #
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. eExcept in the exceptional circumstances referred to in paragraph 1 above, it shall be carried out within a timeframein accordance with the strategy previously adopted that will allows for the adoption of measures making it possible to avoid or to mitigate to the minimum its negative economic, social and local impact.
Amendment 248 #
Proposal for a recommendation
Recommendation 7, Title
Recommendation 7, Title
Information and consultation concerning business decisionsrestructuring liable to have a significant negative impact
Amendment 253 #
Proposal for a recommendation
Recommendation 7, paragraph 1
Recommendation 7, paragraph 1
1. Any restructuring operation shall be subject to an early explanation and justification to, in particular any such operation that is liable to have a significant negative impact in terms of possible job losses, shall be accompanied by the implementation of early information mechanisms addressing all the relevant stakeholders on the basis of either long- term strategic goals and requirements or short-term constraints.
Amendment 259 #
Proposal for a recommendation
Recommendation 7, paragraph 2
Recommendation 7, paragraph 2
2. The dialogue provided for in paragraph 1 shall include the justification of the choice of the measures envisaged in order to achieve the objectives, and offter having evaluated other possible options, in the light of all the interests concerned.
Amendment 264 #
Proposal for a recommendation
Recommendation 7, paragraph 3
Recommendation 7, paragraph 3
3. Companies shall from the beginning informimplement mechanisms providing early information to the public authorities at the relevant level, in particular at local level, and involveing them as far as possible in the preparation of the restructuring process.
Amendment 271 #
Proposal for a recommendation
Recommendation 7, paragraph 4
Recommendation 7, paragraph 4
4. The local economic actors, in particular companies and their employees in a situation of dependence in relation to the restructuring company shallmay also be informed from the beginning and actively involved in theon the restructuring process.
Amendment 290 #
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 seek to 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. The effectiveness and efficiency of public employment services are fundamental in this connection.
Amendment 303 #
Proposal for a recommendation
Recommendation 9
Recommendation 9
9. The provisions of Recommendations 6 and 7 shall 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,agreements reached between companies and employees' representatives with a view to managing in a socially responsible way and minimising internal social costs of restructuring operations shall be respected.
Amendment 309 #
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 encouraginge economic and social re- conversion and to developing new economic activities generating jobs.
Amendment 315 #
Proposal for a recommendation
Recommendation 10, paragraph 2
Recommendation 10, paragraph 2
2. The measures referred to in Recommendation 7 shall cover, as far as possible, the employees of companies that are dependent, in particular as a result of subcontracting or a supply contract. Dependent companies and their workers shall, in any event, be informed of those measures insofar asmay provide greater cover for the employees of dependent companies. Dependent companies and their workers shall be informed where such information is required or useful for their own adaptation and for the management of the restructuring process within those companies.
Amendment 322 #
Proposal for a recommendation
Recommendation 11, paragraph 1
Recommendation 11, paragraph 1
1. Public authorities at different levels shallmay intervene in an anticipation and management capacitythe restructuring process by:
Amendment 325 #
Proposal for a recommendation
Recommendation 11, paragraph 1, point a
Recommendation 11, paragraph 1, point a
(a) Promoting thedialogue, co-ordination of the work of external stakeholders with the work developed within companieand collaboration with stakeholders
Amendment 354 #
Proposal for a recommendation
Recommendation 11, paragraph 3, point e
Recommendation 11, paragraph 3, point e
(e) create permanent bodies, networks or observatories to monitoranticipate change processes;
Amendment 367 #
Proposal for a recommendation
Recommendation 13
Recommendation 13
Member States shall designate the public authorities, at national, regional or local level that are responsible for the purposes of the DirectiveRecommendation.
Amendment 372 #
Proposal for a recommendation
Recommendation 14, paragraph 1
Recommendation 14, paragraph 1
1. Companies shall monitor, on a permanent basis, in co-operation with external bodies and authorities, the psycho-social healthdo everything possible to ensure the health and safety of their workers, making particular efforts to anticipate any dangers they may face and alleviate negative impacts ofn employees affected by restructuring processes, both redundant employees and those staying in the company.
Amendment 377 #
Proposal for a recommendation
Recommendation 14, paragraph 2
Recommendation 14, paragraph 2
2. Companies shall create tools for the regularmake effective use of existing tools, while at the same time encouraging their improvement,, for the evaluation and reporting on their restructuring practices, as necessary, in co- operation with employees' representatives and the external organisations involved in that process.
Amendment 385 #
Proposal for a recommendation
Recommendation 15, paragraph 1
Recommendation 15, paragraph 1
1. Member States shall provide that employees' representatives and any other persons who accede to information which has been provided to them expressly as a result of this DirectiveRecommendation are not authorised to reveal it if it has been delivered on a confidential basis.
Amendment 395 #
Proposal for a recommendation
Recommendation 16, paragraph 1
Recommendation 16, paragraph 1
Amendment 400 #
Proposal for a recommendation
Recommendation 16, paragraph 2
Recommendation 16, paragraph 2
Amendment 408 #
Proposal for a recommendation
Recommendation 16, paragraph 3
Recommendation 16, paragraph 3
Amendment 415 #
Proposal for a recommendation
Recommendation 16, paragraph 4
Recommendation 16, paragraph 4