22 Amendments of Thomas HÄNDEL related to 2015/2222(INI)
Amendment 6 #
Motion for a resolution
Citation 20 a (new)
Citation 20 a (new)
- having regard to Europfound´s report on Third European Company Survey - Direct and indirect employee participation;
Amendment 7 #
Motion for a resolution
Citation 20 b (new)
Citation 20 b (new)
- having regard to Eurofound´s report Board-level employee representation in Europe;
Amendment 31 #
Motion for a resolution
Recital D
Recital D
D. whereas forms of worker participation at company level exist in 18 Member States of the European Union and in Norway, but they differ enormously owing to their respective economic and social historical development15; __________________ 15 http://de.worker- participation.eu/National-Industrial- Relations/Across-Europe/Board-level- Representation2/MAP-Board-level- representation-in-the-European-Economic- Area2;Conchon Aline (2015) Workers’ voice in corporate governance: A European perspective, https://www.etui.org/Publications2/Reports /Workers-voice-in-corporate-governance.- A-European-perspective; Aline Chonchon, Norbert Kluge and Michael Stollt(EGI)Worker board-level participation in the 31 European Economic Area countries (August 2015 update) http://www.worker- participation.eu/National-Industrial- Relations/Across-Europe/Board-level- Representation2/TABLE-Worker-board- level-participation-in-the-31-European- Economic-Area-countries
Amendment 47 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas comparison between groups of Member States shows that the objectives of the EU 2020 strategy have been achieved more effectively by the group which has active worker participation at company level1a; __________________ 1ahttp://www.worker- participation.eu/About-WP/European- Participation.Index.EPI
Amendment 48 #
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas the proportion of women on supervisory boards is relatively low, yet is in many countries higher amongst the workers' representatives than amongst other supervisory board members1a; __________________ 1aMarion Weckes, Geschlechterverteilung in Vorständen und Aufsichtsräten (Gender representation on management boards and supervisory boards), http://www.boeckler.de/pdf/p_mbf_report_ 2015_10.pdf
Amendment 49 #
Motion for a resolution
Recital F c (new)
Recital F c (new)
Fc. whereas worker participation in supervisory boards of European corporate forms should also apply to SMEs1a; __________________ 1a Up to 250 workers can be employed in SMEs.
Amendment 50 #
Motion for a resolution
Recital F d (new)
Recital F d (new)
Fd. whereas both the President of the European Commission and the President of the European Parliament have advocated the improvement of employee representation at supervisory board level1a; __________________ 1a Jean-Claude Juncker and Martin Schulz, Die Mitbestimmung, 5/2014, p.16 ff.
Amendment 100 #
Motion for a resolution
Recital P a (new)
Recital P a (new)
Pa. whereas an undertaking may choose any form of legal organisation of another Member State in order to avoid worker participation in the Member State in which it is actually located1a; __________________ 1a http://www.boeckler.de/pdf/p_mbf_report_ 2015_8.pdf
Amendment 107 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Regrets that the Commission in its annex to the first preliminary outline of a European Pillar of Social Rights did not, under 'Social dialogue and involvement of workers', mention any of the existing forms of European worker participation at supervisory board level for which a specific legal basis is provided in Article 153(f) TFEU;
Amendment 109 #
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls on the EU agency Eurofound to take account in its 2018 work programme of studies examining the cooperation between European and national stakeholders in multinational companies: firstly, the cooperation between European Works Councils and national works councils, and secondly, the forms of cooperation between employee representatives at supervisory board level and national works councils; and thirdly, where agreements have been reached, how these agreements have been implemented in the parts of the companies located in the various Member States; account should also be taken in this project of the extent to which worker participation influences company strategy;
Amendment 153 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Encourages the Commission, the European Parliament and the Council, in the area of European company law to seek at an early stage enhanced cooperation with the bodes responsible for employment because their opinions are frequently ignored until it is too late or not sufficiently taken into account;
Amendment 164 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to introduce in the Directive on the European Company (SE) adequate minimum EU rules governing employee representation on supervisory boards, rather than referring to national law or to revisinge the Directive so that the involvement of workers in supervisory boards is not solely determined by conditions when a company is established, but account is also taken of subsequent developments and, in particular, changes in the number of employees;
Amendment 174 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission to introduce in the Directive on mergers of limited liability companies adequate minimum European rules for employee representation on supervisory boards, rather than referring to national legislation;
Amendment 185 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to revise Directive 2004/25/EC of the European Parliament and of the Council of 21 April 200421 on takeover bids to ensure that the workers of a bidding company are also consulted, rather than just those of the company subject to the takeover bid; __________________ 21, and to improve fulfilment of commitments by companies by means of the threat of sanction mechanisms1a; __________________ 21 OJ L 142, 30.4.2004, p. 12. OJ L 142, 30.4.2004, p. 12. 1a 2010 takeover of the UK firm Cadbury by Kraft, in which Kraft failed to honour its promise to keep open a key factory with 400 employees. http://www.worker- participation.eu/About-WP/What-s- new/Benchmarking-Working-Europe- 2015 Chapter 4, Articulating workers' participation, p.67
Amendment 194 #
Motion for a resolution
Paragraph 10
Paragraph 10
Calls on the Commission in all legislative acts on European company law to provide that the place of a company’s registered offices must be identical with its actual place of business so as to prevent the circumvention of the requirement regarding employee representation on supervisory boards, such as would be possible under the proposal for single- member private limited liability companies (SUP), and, instead of this proposal, to submit a proposal for a directive on the cross-border transfer of the registered office, as decided by the European Parliament22; __________________ 22 Resolution of 10 March2 February 200912 with recommendations to the Commission on a 14th company law directive on the cross- border transfer of the registered office of a company seats, P7_TA(200912)008619.
Amendment 196 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Believes that the freedom of establishment for companies is reasonably assured through a directive on the cross- border transfer of company seats; by contrast, the possibility of a splitting of seats would lead only to the establishment of letter box companies, money laundering and tax evasion and would thus create legal uncertainty for all creditors;
Amendment 207 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to develop standards for rules governing employee representation on supervisory boards that can be applied as a universal model in the form of a directive to all European corporate law directives which takes into account, but does not replace, existing rules on information and consultation; points out that, as such rules are minimum standards, all other provisions that are more favourable must take precedence and existing national rules must not be weakened;
Amendment 209 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Considers minimum European rules on employee representation on supervisory boards under forms of European corporate law to be necessary in order to take account of ever expanding integration and increasing Europeanisation of undertakings and their workforces and employee representations within Europe that can no longer be covered by purely national legislation1a; __________________ 1aProf. Dr. Rüdiger Krause, 'Zur Bedeutung des Unionsrechts für die unternehmerische Mitbestimmung', annexed to: Mitbestimmungs-Report No. 17 (December 2015), Hans-Böckler- Stiftung http://www.boeckler.de/pdf/p_mbf_report_ 2015_17.pdf
Amendment 218 #
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 233 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Suggests that the nature and scope of decisions requiring approval should be established in this directive by minimum standards, which should be developed by rules in the Member States23; __________________ 23 e.g. Article 95 AktG, Austria. e.g. Article 95(5) of the Public Limited Company Act and Article 30j(5) of the Limited-Liability Company Act, Austria.
Amendment 270 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Recommends, with respect to the number of employee representatives on supervisory boards, including its direct or indirect subsidiaries and affiliates with more than 50 employees25, that half the number of seats on the supervisory board should be reserved for workers or their representatives; __________________ 25 In Sweden from 50 workers. In Sweden from 25 workers and in Denmark from 35 workers.
Amendment 281 #
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Stresses that such a directive must be compatible with the principles of proportionality and of subsidiarity because, as a rule, every undertaking freely decides whether it wishes to become a type of enterprise under European law or prefers a form of establishment under national law;