2012/2292(INI) | [ParlTrack]

Draft opinion
Recital A

~~A. whereas the effects of the economic crisis are particularly serious for women, who are affected both directly and indirectly;~~deleted

Amendment 10 #

Iratxe GARCÍA PÉREZ

Draft opinion
Paragraph 1

1. Stresses the importance of collective bargaining between management and labour in order to improve the work-life balance and gender equality, particularly with respect to the pay gap and the glass ceiling;

Amendment 11 #

Draft opinion
Paragraph 1 a (new)

1a. Stresses that trade union federations have the task of exercising the right to collective bargaining and Member States have the task of guaranteeing that this right and collective labour agreements are not violated;

Amendment 12 #

Draft opinion
Paragraph 1 a (new)

1a. Points out that patterns of representation at different levels (local, sectoral, cross-industry, national, cross national and international) are not well documented, stresses that data on women's representation in relation to age, sexuality, ability, class, ethnicity, citizenship status, and race are virtually non-existent; underlines the importance of disaggregating data,

Amendment 13 #

Draft opinion
Paragraph 1 b (new)

1b. Stresses the right of all citizens, particularly women, to take part in political life and policy-making in their countries, specifically by holding public office and being elected to trade union and worker representation bodies, without either privileges or discrimination;

Amendment 14 #

Draft opinion
Paragraph 2

2. Regrets that women’s specific needs are overlooked in the various stages of collective bargaining, despite the fact that it is women who are the breadwinners in most single-parent families significantly affected by the crisis;

Amendment 15 #

Draft opinion
Paragraph 2

2. Regrets that women's specific needs are overlooked in the various stages of collective bargaining; underlines that without a shift in the culture of bargaining itself (who is negotiating and how - which highlights leadership style), there may be little change in what is negotiated, stresses that struggles around diversity, equality, inclusive representation, and democratizing leadership inside institutions need to be linked to the collective bargaining and social dialogue agenda.

Amendment 16 #

Draft opinion
Paragraph 3

~~3. Highlights that collective bargaining represents a valuable complement to legislation in promoting gender equality and is a key mechanism for gender mainstreaming in employment;~~deleted

Amendment 17 #

Antonyia PARVANOVA

Draft opinion
Paragraph 3

3. Highlights that collective bargaining represents a valuable complement to legislation and decision making process in promoting gender equality and is a key mechanism for gender mainstreaming in employment;

Amendment 18 #

Draft opinion
Paragraph 3

3. Highlights that collective bargaining represents a valuable complement to legislation in promoting gender equality and is a key mechanism for gender mainstreaming in employment, in particular as a mechanism for combating wage discrimination;

Amendment 19 #

Draft opinion
Paragraph 4

4. Stresses the need to solicit the views of women, which generally relate also to the interests of children or elderly persons in their care, and to ensure that they are represented in negotiating teams and also calls for gender impact assessments of collective agreements;

Amendment 2 #

Draft opinion
Recital A a (new)

Aa. whereas the EU is currently facing the worst economic and financial crisis since the great depression of the 1930s, a crisis aggravated by the so-called austerity measures that have been imposed on Member States by the EU institutions in the context of economic governance policies and 'financial assistance' programmes;

Amendment 20 #

Draft opinion
Paragraph 4 a (new)

4a. Highlights women's right to take part in shaping and implementing major policy issues in the sectors concerned;

Amendment 21 #

Draft opinion
Paragraph 6

~~6. Calls on the unions to explicitly support and train women to participate in negotiating teams, including in the European Work Council;~~deleted

Amendment 22 #

Antigoni PAPADOPOULOU

Draft opinion
Paragraph 6 a (new)

6a. Emphasises that unions should raise awareness of the benefits of unionization and carry out special campaigns to encourage women to participate;

Amendment 23 #

Antigoni PAPADOPOULOU

Draft opinion
Paragraph 6 b (new)

6b. Calls on unions to ensure that the organization of trade union life (meetings, travels, activities) responds to work-life balance needs of both men and women;

Amendment 24 #

Draft opinion
Paragraph 7

~~7. Calls on unions to promote gender sensitivity among their members and among employers;~~deleted

Amendment 25 #

Ismail ERTUG

Draft opinion
Paragraph 7

7. Calls on unions to promote and enhance gender sensitivity among their members and among employers;

Amendment 26 #

Draft opinion
Paragraph 8

~~8. Calls on the Member States to ensure equal representation and participation of women and men in social dialogue institutions, resulting in greater attention to gender issues;~~deleted

Amendment 27 #

Draft opinion
Paragraph 8

8. Calls on the Member States to en~~sur~~courage equal representation and participation of women and men in social dialogue institutions, resulting in greater attention to gender issues;

Amendment 28 #

Draft opinion
Paragraph 9

~~9. Calls on the EU and the Member States to promote gender sensitivity among social partners;~~deleted

Amendment 29 #

Draft opinion
Paragraph 10

~~10. Highlights the importance of developing the agenda on gender equality bargaining as well as a clear strategy on gender issues;~~deleted

Amendment 3 #

Antonyia PARVANOVA

Draft opinion
Recital A

A. whereas the effects of the economic crisis are particularly serious for women, who are affected both directly and indirectly; notably with regards to the difference of employment rate between men and women;

Amendment 30 #

Draft opinion
Paragraph 11

11. Stresses that gender equality issues, like the gender pay gap, gender segregation in the labour market, reconciliation of work and family responsibilities, promoting career development and combating violence and sexual harassment at work must be integrated into the social dialogue agenda, so that the interests of both women and men are taken into account;deleted

Amendment 31 #

Draft opinion
Paragraph 11

11. Stresses that gender equality issues, like the gender pay gap, gender segregation in the labour market, reconciliation of work and family responsibilities, promoting career development and combating violence and sexual harassment at work must be ~~integrated into the social dialogue agenda, so that the interests of both women and men are taken into account;~~primarily addressed at member state level.

Amendment 32 #

Draft opinion
Paragraph 12

~~12. Calls on unions to integrate the gender perspective in the collective bargaining agenda;~~deleted

Amendment 33 #

Draft opinion
Paragraph 13 a (new)

13a. Urges the Member States to guarantee that women can exercise their rights in all areas of society, prohibiting and penalising all forms of discrimination;

Amendment 34 #

Chrysoula PALIADELI

Draft opinion
Paragraph 13 a (new)

13a. Calls on the Member States to focus in particular on small and medium-sized undertakings, which invariably encounter greater difficulties in promoting equal opportunities and absorbing the cost of absences for maternity or parental leave;

Amendment 35 #

Draft opinion
Paragraph 13 b (new)

13b. Urges the Member States to guarantee the right to equal employment opportunities as regards access, vocational training and promotion and the principle of 'equal pay for equal work';

Amendment 36 #

Chrysoula PALIADELI

Draft opinion
Paragraph 13 b (new)

13b. Calls on the Member States to bestow an annual Gender Equality Prize on enterprises promoting gender equality at the workplace through their methods of staff organisation and administration;

Amendment 37 #

Draft opinion
Paragraph 13 c (new)

13c. Urges the Member States effectively to recognise maternity and paternity as an outstanding social function, guaranteeing the rights to leave that are enshrined in the legislation;

Amendment 38 #

Draft opinion
Paragraph 13 d (new)

13d. Urges the Member States to take into account that the right to work is an essential precondition if women are to enjoy effective equal rights, economic independence and professional fulfilment, and therefore insists that precarious employment should be eradicated through the mandatory application of the principle that for every actual job there should be a permanent post, and by recognising and enhancing the right to work with rights;

Amendment 4 #

Antigoni PAPADOPOULOU

Draft opinion
Recital A a (new)

Aa. whereas the continued decentralization and de-collectivization of the industrial relations system will increase both vertical and horizontal work-force inequality and will leave many women workers in an increasingly vulnerable position;

Amendment 5 #

Draft opinion
Recital B

B. whereas the ~~persistent~~ under- representation of women at ~~all levels of~~the decision-making ~~and in th~~level of collective bar~~ena of~~gaining and social dialogue ~~is firmly related to their under-representation with~~can translate into a lack of a clear coherent policy regarding g~~overnments, unions and employers' organisation~~ender issues in these matters;

Amendment 6 #

Draft opinion
Recital B a (new)

Ba. whereas women's right to equality is a condition for a democratic and human society and the free development of women's creative and productive capacities;

Amendment 7 #

Draft opinion
Paragraph B a (new)

Ba. Emphasizes the fact that gender equality issues such as the gender pay gap and the reconciliation of professional and family life, are best addressed and resolved through the fora of collective bargaining.

Amendment 8 #

Draft opinion
Recital B a (new)

Ba. whereas research shows that women are undeniably and persistently under- represented at all levels and in all arenas of social dialogue, whereas in contrast to governments/public authorities and trade unions, employers' organizations are consistently the least likely to have women's representation in social dialogue arenas and to take initiatives around gender equality;

Amendment 9 #

Draft opinion
Paragraph 1

1. SPoints out that tripartite social dialogue and collective bargaining have undoubtedly great potential as vehicles for promoting gender equality; stresses the importance of collective bargaining between management and labour in order to improve the work-life balance;

source: PE-510.621

2013/05/08 EMPL 144 amendments...

Amendment 1 #

Motion for a resolution
Citation 6 a (new)

– having regard to Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses,

Amendment 10 #

Motion for a resolution
Citation 17

~~– having regard to the ILO conventions on labour clauses (public contracts) (No 94) and collective bargaining (No 154),~~deleted

Amendment 100 #

Motion for a resolution
Paragraph 8

8. Reco~~mmends introducing extrajudicial dispute settlement procedures; considers that, in European~~gnises that many of the transnational company agreements, a ~~first ad hoc contact point at undertaking level should be agreed~~ lready concluded at European level already contain wor~~der to bring about solutions to conflicts between the contracting parties~~king procedures for extrajudicial dispute settlement, and encourages the social partners to exchange views more intensively on this subject and identify methods for further developing and/or optimising them;

Amendment 101 #

Motion for a resolution
Paragraph 8

8. ~~Recommends introducing extrajudicial dispute settlement procedures; considers that, in European transnational company~~Stresses that rules on follow-up, e.g. monitoring, agre~~ements, a first ad hoc contact point at undertaking level should be agreed in order to bring about solutions to conflicts between the contracting partie~~ already contained in some transnational company agreements;

Amendment 102 #

Motion for a resolution
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 should~~Observes that, in European transnational company agreements, procedures may be agreed in order to bring about solutions to conflicts between the contracting parties;

Amendment 103 #

Motion for a resolution
Paragraph 8

8. Recommends introducing ~~extrajudicial~~ alternative dispute settlement procedures; considers that~~, in European transnational company agreements,~~ a first ad hoc ~~contact point~~joint mechanism at undertaking level should be agreed ~~in order to bring about solutions to conflicts between the contracting parties~~for instance encouraging the signing parties on a voluntary basis to agree on dispute resolution clauses in order to bring about solutions to conflicts between the contracting parties; suggests that these clauses may be based on alternative dispute resolution templates agreed and provided by the EU social partners at sectoral level;

Amendment 104 #

Motion for a resolution
Paragraph 8

dispute settlement procedures; considers that, in European transnational company agreements, a first ad hoc contact point at undertaking level should be agreed in order to bring about solutions to conflicts between the contracting parties;

Amendment 105 #

Motion for a resolution
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~~ should be agreed in order to bring about solutions to conflicts between the contracting parties;

Amendment 106 #

Heinz K. BECKER

Motion for a resolution
Paragraph 9

Amendment 107 #

Motion for a resolution
Paragraph 9

Amendment 108 #

Motion for a resolution
Paragraph 9

Amendment 109 #

Motion for a resolution
Paragraph 9

Amendment 11 #

Motion for a resolution
Citation 17 a (new)

– having regard to the jurisprudence developed by the ILO supervisory bodies,

Amendment 110 #

Motion for a resolution
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 extrajudicially~~in TCAs provisions on a dispute resolution procedure;

Amendment 111 #

Motion for a resolution
Paragraph 9

9. Recommends furthermore, at the same time as a second stage, introducing a European ~~extrajudicial~~labour-related alternative dispute resolution ~~agency,~~tripartite body to devise and then implement a tenable solution for collective labour disputes with the participation of the contracting parties, in which context the dispute resolution agency should be convened at the joint request of the European social partners voluntarily and from case to case in order to settle conflicts ~~extra judicially~~out-of-court;

Amendment 112 #

Motion for a resolution
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 contracting 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 extrajudicially; considers that particular attention should be awarded to the establishing of the head office (jurisdiction criterion), which should preferably be neutral, rather than the company’s registered office, in order to avoid the agreement being judicially subject to the rules of a single Member State;

Amendment 113 #

Motion for a resolution
Paragraph 10

10. Recommends, in the medium term, in view of the increasing transnationalisation of industrial relations, establishing over the next few years an independent three-tier system of European labour courts;deleted

Amendment 114 #

Heinz K. BECKER

Motion for a resolution
Paragraph 10

Amendment 115 #

Motion for a resolution
Paragraph 10

Amendment 116 #

Motion for a resolution
Paragraph 10

Amendment 117 #

Motion for a resolution
Paragraph 10

Amendment 118 #

Motion for a resolution
Paragraph 10

10. ~~Recommends, in the medium term~~Observes, in view of the increasing transnationalisation of industrial relations, ~~establishing over the next few y~~that, if parties wish to give agreements legally binding status, this can be done by mearns ~~an independent three- tier system of European labour courts~~of clear references to the national legislative framework;

Amendment 119 #

Motion for a resolution
Paragraph 10

10. Recommends~~, in the medium term~~ , in view of the increasing ~~transnationalisation~~cross-border tendency of industrial relations, establishing ~~over the next few years~~a consultation process with the social partners aiming at addressing the imbalances between social rights and economic freedoms and the unclear situation of cross border collective actions and in this context investigate the need for an independent t~~hree-tier~~ripartite system of European labour courts;

Amendment 12 #

Motion for a resolution
Citation 17 b (new)

– having regard to the ILO Tripartite declaration of principles concerning multinational enterprises and social policy (MNE Declaration) (1977),

Amendment 120 #

Motion for a resolution
Paragraph 10

10. Recommends, in the medium term, in view of the increasing transnationalisation of industrial relations, to task the Social Partners with assessing the long-term need of establishing over the next few years an independent three-tier system of European labour courts;

Amendment 121 #

Motion for a resolution
Paragraph 10

Amendment 122 #

Motion for a resolution
Paragraph 10 a (new)

10a. Stresses that there is no need at all to lay down basic principles concerning European TCAs;

Amendment 123 #

Motion for a resolution
Paragraph 10 a (new)

10 a. Requests the Commission to prepare a proposal to be discussed with EU social partners in order to set up an EU alternative dispute resolution mechanism to handle transnational labour conflicts respecting the national industrial relations traditions and their specificities in the out-of-court settlement of collective labour disputes;

Amendment 124 #

Motion for a resolution
Paragraph 10 a (new)

10 a. Calls on the Commission to create the framework conditions that allow for the establishment of transnational industrial relations in border regions;

Amendment 125 #

Motion for a resolution
Paragraph 11

Amendment 126 #

Motion for a resolution
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 127 #

Motion for a resolution
Paragraph 11

11. ~~Recommends the establishment~~Proposes examining the added value of a recommendation ofn fundamental criteria for European transnational company agreements which could involve 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, shcould be covered: the mandating procedure, i.e. clarification of the legitimacy and representativeness of the negotiating parties between which agreements are concluded, 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 128 #

Motion for a resolution
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 coveredProposes that the social partners take account of the following criteria in relation to European transnational company agreements: the mandating procedure, i.e. clarification of the legitimacy and representativeness of the negotiating parties between which agreements are concluded, 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 129 #

Motion for a resolution
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 ~~legitimac~~capacity and representativeness of the negotiating parties between which agreements are concluded, - 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; - the subjects covered by the agreement; - the articulation rules with the national level of agreements, where applicable; - further formal requirements addressed to provide transparency and dissemination (deposit or registration to make the TCA public for all workers concerned and facilitate the implementation); - enforceability provisions;

Amendment 13 #

Motion for a resolution
Recital -A (new)

-A. whereas the equal prominence of social rights and economic freedoms should be enshrined in the EU treaties;

Amendment 130 #

Motion for a resolution
Paragraph 11

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, 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 131 #

Motion for a resolution
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, 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; stresses that workers representatives entering into such negotiations should at least be given comparable rights given to European Works Councils under the European Works Councils Directive;

Amendment 132 #

Csaba ŐRY, Danuta JAZŁOWIECKA

Motion for a resolution
Paragraph 12

Amendment 133 #

Motion for a resolution
Paragraph 12

Amendment 134 #

Motion for a resolution
Paragraph 12

Amendment 135 #

Motion for a resolution
Paragraph 12

12. Draws attention to Complaint No 85/2012, which is pending before the European Committee of Social Rights, in the Laval case, and calls for the right to implementation of cross-border collective measures to be granted; stresses that the ILO Committee of Experts on the Application of Conventions and Recommendations (CEACR) has found the legislation that Sweden adopted as a result of the EU Court of Justice's ruling in the Laval case to be in violation of fundamental trade union rights;

Amendment 136 #

Motion for a resolution
Paragraph 12

12. Draws attention to Complaint No 85/2012, which is pending before the European Committee of Social Rights, in the Laval case, and calls for the right to implementation of cross-border collective measures to be granted. A legitimate right to collective self-protection should therefore be enshrined and applied in the event of violations of European cross-border agreements, as requested in the Andersson report (2008/2085(INI) of 30 September 2008 (A6-0370/2008)];

Amendment 137 #

Motion for a resolution
Paragraph 13

13. Welcomes ~~the~~and encourages further development of capacity building policies to support social partners, in particular trainings on the new optional legal framework and activities which the Commission is making available for exchanges of experience for social partners and experts, ~~in order to support them,~~ for example collecting examples, establishing databases and performing studies;

Amendment 138 #

Motion for a resolution
Paragraph 13 a (new)

13 a. Recalls in this context the good experiences made with cross-border partnerships between social partners and calls upon the European Commission and Member States to secure EU support for such cross-border partnerships in the future;

Amendment 139 #

Motion for a resolution
Paragraph 13 a (new)

13 a. Encourages European social partners to make full use of the possibility of EU agreements as provided by article 155 TFEU, while fully respecting their autonomy;

Amendment 14 #

Motion for a resolution
Recital A

A. whereas the number of European transnational company agreements ~~has increased significantly and whereas this indicates that labour relations in Europe~~is stagnating at a low level and a wider European legal framework for transnational company agre ~~becoming increasingly integrated~~ements is therefore unnecessary;

Amendment 140 #

Motion for a resolution
Paragraph 13 b (new)

13 b. Calls for a stronger role of the European Social Partners in shaping European policies; in particular calls for the social partners to participate in drawing up the Annual Growth Survey and to play a stronger role in monitoring progress achieved by Member States;

Amendment 141 #

Motion for a resolution
Paragraph 13 c (new)

13 c. Calls for tripartite social summits to be reformed and strengthened; considered that their recommendations shall be duly taking into account by the European Council and respected during the European semester process;

Amendment 142 #

Motion for a resolution
Paragraph 13 d (new)

13 d. Deplores the Commission's advise for Member states to decentralise wage negotiations; considers that central and coordinated wage agreements should be promoted, guaranteeing a decent wage, decent working conditions and an equal treatment of both employees and employers;

Amendment 143 #

Motion for a resolution
Paragraph 13 e (new)

13 e. Encourages monitoring and exchange views on wage developments in relation to productivity, inflation and internal demand, unemployment and income inequalities, with the involvement in of the social partners, the European Parliament, Member states' governments and national parliaments, while respecting Article 153(5) of the TFEU and the autonomy of social partners;

Amendment 144 #

Motion for a resolution
Paragraph 14

14. Instructs its President to forward this resolution to the Council, the Commission, the European Economic and Social Committee, the EU social partners and the national parliaments.

Amendment 15 #

Motion for a resolution
Recital A

A. whereas the number of European transnational company agreements ~~has increased significantly and whereas this indicates that labour relations in Europe are becoming increasingly integrated~~is comparatively low;

Amendment 16 #

Motion for a resolution
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 integrated~~in EU/EEA territory is fewer than 70;

Amendment 17 #

Motion for a resolution
Recital A

~~transnational company agreements has increased significantly and whereas this indicates that labour relations in Europe are becoming increasingly integrated;~~

Amendment 18 #

Motion for a resolution
Recital A

A. whereas the number of European transnational company agreements has increased significantly and whereas this indicates that labour relations in large transnational companies in Europe are becoming increasingly integrated;

Amendment 19 #

Motion for a resolution
Recital B

B. whereas ~~there~~existing transnational company agreements alre ~~no judicial and/or extrajudicial~~ady have regulations and exemplary procedures for settling disputes, w~~hich arise when interpreting~~ ithout any need for European regulations, and ~~perf~~accormding t~~hese agreements~~o the Commission (SWD 2012/0264), no problematic cases involving transnational company agreements are currently pending;

Amendment 2 #

Motion for a resolution
Citation 6 b (new)

– having regard to Council Directive 2001/86/CE of 8.10.2001 supplementing the Statute for a European company with regard to the involvement of employees and Council Directive 2003/72/EC of 22 July 2003 supplementing the Statute for a European Cooperative Society with regard to the involvement of employees,

Amendment 20 #

Motion for a resolution
Recital B

B. whereas ~~the~~more a~~re no judicial and/or extrajudicial procedures for settling disputes which arise when interpreting and performing these agree~~nd more new TCAs contain agreements on dispute resolution procedures, as both employees’ and employers’ organisations recommentsd;

Amendment 21 #

Motion for a resolution
Recital B

B. whereas ~~there are no judicial and/or extrajudicial procedures for settling disputes which arise when interpreting and performing these agre~~existing transnational company agreements may already contain procedures for judicial and/or extrajudicial dispute settlements;

Amendment 22 #

Motion for a resolution
Recital C

~~C. whereas the legal status of these agreements at European level and in relation to national legal orders is unclear;~~deleted

Amendment 23 #

Motion for a resolution
Recital C

~~C. whereas the legal status of these agreements at European level and in relation to national legal orders is unclear;~~deleted

Amendment 24 #

Motion for a resolution
Recital C

C. whereas the legal status of these agreements ~~at European level~~varies, as laws on working life and ion ~~relation to national legal orders is unclear~~agreements differ nationally in accordance with the subsidiarity principle;

Amendment 25 #

Motion for a resolution
Recital C

C. whereas the legal status of these agreements at European level and in relation to national legal orders is unclear and this leads to legal uncertainty for both sides of industry;

Amendment 26 #

Motion for a resolution
Recital D

D. whereas there is no legal framework for these agreements either at international or at European level; whereas consideration should be given to whether this is a reason for fewer of these agreements being concluded;

Amendment 27 #

Motion for a resolution
Recital D a (new)

D a. whereas the asymmetry between global companies and local workforces and workers' representatives gives multinational companies management a considerable comparative advantage over labour when setting working conditions at international level;

Amendment 28 #

Motion for a resolution
Recital D b (new)

D b. whereas those transnational company agreements should not undermine rights and obligations conferred to employees and employers by law and international conventions; whereas those transnational company agreements could positively complement existing labour law and international conventions; whereas systematic references to existing legal standards, in particular ILO conventions, can reinforce the legitimacy of transnational company agreements;

Amendment 29 #

Motion for a resolution
Recital E

E. whereas each EU Member State has its own system of ~~relations between social partner~~industrial relations, based on different historical developments and traditions, which has to be respected and does not require harmonisation;

Amendment 3 #

Motion for a resolution
Citation 6 c (new)

– having regard to Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community,

Amendment 30 #

Motion for a resolution
Recital E

E. whereas each EU Member State has its own system of relations between social partners, based on different historical developments and traditions, which has to be respected and does not require harmonisation but does need stronger coordination in the interest of workers across the EU;

Amendment 31 #

Motion for a resolution
Recital E a (new)

E a. whereas cross-border partnerships between social partners have proven to be good practices to promote free movement of workers and promote their respective rights across borders; whereas EU support for such cross-border partnerships is vital;

Amendment 32 #

Motion for a resolution
Recital E b (new)

E b. whereas all actors - the EU, the Member States and the Social Partners - need to adapt their practices to ensure adequate representation of Social Partners at the European level especially in relation to economic governance, to ensure the autonomy of the Social Partners and to avoid counter effects that might appear where Social Partners and Labour Markets are organized at sectoral, regional or national level while measures impacting on these are taken at European level;

Amendment 33 #

Motion for a resolution
Recital F

F. whereas ~~it is a particular feature of the European Social Dialogue that it~~European 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 34 #

Motion for a resolution
Recital F

F. whereas it is a particular feature of the European Social Dialogue that it 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 35 #

Motion for a resolution
Recital G a (new)

G a. whereas there are borders in the EU where wages differ highly between one Member State and the other, even though the two bordering regions form a common economic region;

Amendment 36 #

Motion for a resolution
Recital G b (new)

G b. whereas a stable economic and monetary union requires addressing large macro-economic imbalances among Member States as a result of differences in business cycles, price and wage dynamics; whereas wages are not merely macro-economic adjustment variables but also the main source of income that people need for a decent living;

Amendment 37 #

Motion for a resolution
Recital G c (new)

G c. whereas despite efforts social partners have taken to coordinate their actions across borders, these initiatives have not been sufficient to prevent the emergence of serious imbalances and have now led to the undesirable situation where economic adjustment including on wages is enforced by public authorities in the context of the European Semester and Troika-programmes without proper social partner involvement, in a asymmetric non-transparent manner and at high social costs;

Amendment 38 #

Motion for a resolution
Recital G d (new)

G d. whereas a stronger European social dialogue and transnational collective bargaining could contribute to pro- actively avoiding the emergence of large macro-economic and social imbalances, including wage competition, in particular among EMU Member States;

Amendment 39 #

Motion for a resolution
Recital G e (new)

G e. whereas the Macroeconomic Dialogue currently consists of a confidential exchange of policy information which lacks ownership, transparency and is not effectively taken into account in collective bargaining processes at national or other relevant levels thereby failing to bring about timely adjustment in case of large wage divergences, in a socially responsible manner;

Amendment 4 #

Motion for a resolution
Citation 6 d (new)

– having regard to Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 on the establishment of a European Works Council or a procedure in Community- scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees,

Amendment 40 #

Motion for a resolution
Recital G f (new)

G f. whereas businesses increasingly operate on a European level while the representation of workers is predominantly organised along national lines; whereas this asymmetry is negatively impacting the representation of workers interests and puts workers at risk of being played out against each other and being forced to agree to lower wages, worse working conditions or other downward adjustments;

Amendment 41 #

Motion for a resolution
Paragraph -1 (new)

-1. Highlights the need to strengthen transnational social dialogue and cross border collective bargaining particularly at company level where it is currently under developed, establishing new channels for its development and, with it, balanced cross-border industrial relations; further stresses that transnational social dialogue can provide a setting for more efficient cross border collective bargaining;

Amendment 42 #

Motion for a resolution
Paragraph -1 a (new)

-1 a. Is concerned about the imbalance between social rights and economic freedoms and an unclear situation regarding the possibility of cross border collective actions including sympathy actions; considers that remedying to this imbalance is necessary to provide solid foundations to cross border collective bargaining and transnational social dialogue; calls therefore for using secondary legislation and the next treaty revision process to introduce a clear clause on social rights, including the right to strike, being treated equally to economic freedoms

Amendment 43 #

Motion for a resolution
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, and that the resolution does not concern international transnational company agreements (ITCA) signed by international trade union federations with undertakings;

Amendment 44 #

Motion for a resolution
Paragraph 1

Amendment 45 #

Motion for a resolution
Paragraph 1

1. ~~Notes that this resolution is concerned with~~Highlights the need to strengthen European and transnational ~~company agreements concluded by European trade union federations and European employers or employers' federations, generally~~social dialogue and cross border collective bargaining where it is currently underdeveloped, establishing new channels for its development and develop balanced cross-border industrial relations; further stresses that transnational social dialogue can provide at se~~ctoral level, and~~tting for more efficient cross border collective bargaining; notes that theis resolution does not concern international transnational company agreements (ITCA) signed by international trade union federations with undertakings;

Amendment 46 #

Motion for a resolution
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 47 #

Motion for a resolution
Paragraph 1

1. Notes that this resolution ifocuses con~~cerned with~~ European transnational company agreements concluded ~~by European trade union federations and European employers~~ either between trade unions and/or European trade union federations, on the one hand, and, on the other hand, individual companies and/or employers' federations, generally at sectoral level, and that the resolution does not concern international tFra~~nsnational company~~mework agreements (ITCFA) signed by international trade union federations with undertakings;

Amendment 48 #

Motion for a resolution
Paragraph 1

with European transnational company agreements concluded by European trade union federations and European employers or employers’ federations, generally at sectoral level, and that the resolution does not concern international transnational company agreements (ITCA) signed by international trade union federations with undertakings;

Amendment 49 #

Motion for a resolution
Paragraph 2

2. ~~Propo~~Stresses that ~~in the medium term an optional European legal framework should be adopted for these European~~, as things stand, there is no need for a specific European legal framework for transnational company agreements;

Amendment 5 #

Motion for a resolution
Citation 6 a (new)

– having regard to the Council Conclusions (EPSCO) 17423/11 adopted on 1 December 2011,

Amendment 50 #

Motion for a resolution
Paragraph 2

2. ~~Proposes that in the medium term an optional European legal framework should be adopted for these European transnational company agreements~~Calls on the Commission to present a proposal for an optional European legal framework for European transnational collective bargaining before 2014;

Amendment 51 #

Motion for a resolution
Paragraph 2

2. Proposes that in the medium term ~~an optional European legal framework should be adopted for these European transnational company~~practices 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 52 #

Motion for a resolution
Paragraph 2

2. Proposes that in the ~~medium t~~Commission might consider whetherm an optional European legal framework ~~should be adopted~~ for these European transnational company agreements is necessary and useful, and proposes that particular attention be paid to cost efficiency and avoiding additional bureaucracy;

Amendment 53 #

Motion for a resolution
Paragraph 2

2. Proposes that in the medium term an optional European legal framework should be adopted for ~~these~~ European transnational company agreements in order to provide greater legal security, greater transparency, foreseeable and enforceable legal effects and for those agreements that follow this framework provisions;

Amendment 54 #

Motion for a resolution
Paragraph 2

~~optional European legal framework should be adopted for these European transnational company agreements;~~

Amendment 55 #

Motion for a resolution
Paragraph 2 a (new)

2 a. Requests the Commission to prepare and start consultations with EU social partners following the procedure established in the Lisbon Treaty concerning a legislative proposal to set up a voluntary legal framework for transnational company agreements;

Amendment 56 #

Jean-Pierre AUDY

Motion for a resolution
Paragraph 2 a (new)

2a. Considers that social convergence must be made a policy priority and that European transnational company agreements can be powerful tools for moving towards that social convergence;

Amendment 57 #

Motion for a resolution
Subheading -1 (new)

Strengthening European social dialogue

Amendment 58 #

Motion for a resolution
Paragraph 2 a (new)

2 a. Calls on Social Partners, Commission, Council, and ECB as a matter of urgency to reform the Macroeconomic Dialogue with the aim of effectively preventing wage competition and excessive wage divergence in particular among EMU Member States and enabling social partners to play their full role in a reinforced economic governance structure;

Amendment 59 #

Motion for a resolution
Paragraph 2 b (new)

2 b. Is of the opinion that a reformed macro-economic dialogue needs to be transparent and public, and that a broad general debate about appropriate wage policies should be launched that sets clear signals to the public and feeds into the European Semester process; suggests that the Macro-Economic Dialogue takes place in the European Parliament in the presence of relevant committees;

Amendment 6 #

Motion for a resolution
Citation 9

~~Commission's Expert Group on transnational company agreements, 31 January 2012,~~

Amendment 60 #

Motion for a resolution
Paragraph 2 c (new)

2 c. Calls on the Commission and Council to ensure that agreement on coordination achieved in the reformed Macro- Economic Dialogue is properly taken into account before the presentation of the Annual Growth Survey as well as before country specific recommendations are addressed to the Member States;

Amendment 61 #

Motion for a resolution
Paragraph 2 d (new)

2 d. Stresses that the current over-focus on unit labour cost as a key indicator of the scoreboard for macro-economic imbalances has proven to be too one-sided and that governance based on it risks negatively impacting domestic demand, income security, and increasing poverty and inequality; highlights that when addressing diverging competitiveness in a reformed macro-economic dialogue and in the European Semester, account needs to be taken of capital and resource efficiency developments besides productivity and unit labour costs developments;

Amendment 62 #

Motion for a resolution
Paragraph 2 e (new)

2 e. Calls on the Commission, in close cooperation with the social partners, to develop a comprehensive vision on the strengthening of the coordination of transnational sectorial dialogue, including between sectors and addressing the crucial differences between the tradable and non-tradable sectors;

Amendment 63 #

Motion for a resolution
Paragraph 2 f (new)

2 f. Calls on the Commission to support Social Partners to take up a more important role at the European level amongst others through coordination, technical and financial support including translation, implementation guides, awareness-raising, continuous learning processes, monitoring and reporting;

Amendment 64 #

Motion for a resolution
Paragraph 2 g (new)

2 g. Calls on the European social partners to work with their national affiliates to achieve better gender balance in both participation rates and representation on the boards of committees;

Amendment 65 #

Motion for a resolution
Subheading 1

~~Optional legal framework for European transnational company agreements~~deleted

Amendment 66 #

Motion for a resolution
Subheading 1

~~transnational company agreements~~

Amendment 67 #

Motion for a resolution
Subheading 1

~~Optional~~Preserving the existing legal framework for European transnational company agreements in line with the subsidiarity principle

Amendment 68 #

Motion for a resolution
Subheading 1

Optional legal framework for European transnational co~~mpany~~llective agreements

Amendment 69 #

Motion for a resolution
Paragraph 3

3. Stresses the autonomy of the social partners, as a result of which they enter into negotiations and ~~can~~ conclude agreements at all levels, and that those agreements should in future also address the regulatory and remunerative aspects of labour relations, hence bolstering the rebalancing role the agreements play in preventing dumping;

Amendment 7 #

Motion for a resolution
Citation 10

~~Document of the Commission's Expert Group on transnational company agreements, 31 January 2012,~~

Amendment 70 #

Motion for a resolution
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 71 #

Motion for a resolution
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 effectiveuse the European level to exchange views on existing autonomy in collective bargaining, which must be respected by the EU institutions, in a kind of open coordination on best practice at national level, and thereby further develop national regulations;

Amendment 72 #

Motion for a resolution
Paragraph 4

Amendment 73 #

Motion for a resolution
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 74 #

Motion for a resolution
Paragraph 4

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 effective;

Amendment 75 #

Motion for a resolution
Paragraph 4

Amendment 76 #

Motion for a resolution
Paragraph 5

~~5. Stresses that the application of such an optional legal framework should be optional for the social partners;~~deleted

Amendment 77 #

Motion for a resolution
Paragraph 5

5. Stresses that the ~~applicat~~conclusion of such ~~an optional legal framework should be optional for the social partners~~TCAs is optional;

Amendment 78 #

Motion for a resolution
Paragraph 5

5. ~~Stresses that the application of such an optional legal framework should be optional for the social partner~~Explicitly stresses the autonomy of the social partners and the parties to collective agreements;

Amendment 79 #

Motion for a resolution
Paragraph 5

5. Stresses that the ~~applic~~Commission should base its consideration of ~~such~~ an optional legal framework ~~should be optional for the social partners~~on voluntary use;

Amendment 8 #

Motion for a resolution
Citation 17

~~– having regard to the ILO conventions on labour clauses (public contracts) (No 94) and collective bargaining (No 154),~~deleted

Amendment 80 #

Motion for a resolution
Paragraph 5

~~optional legal framework should be optional for the social partners;~~

Amendment 81 #

Motion for a resolution
Paragraph 5

5. Stresses that the application of such an optional legal framework should be optional for the social partners and companies and group of companies involved as well as based on flexibility and referral at national level in order to give the transnational company agreement legal effect;

Amendment 82 #

Motion for a resolution
Paragraph 6

Amendment 83 #

Motion for a resolution
Paragraph 6

Amendment 84 #

Motion for a resolution
Paragraph 6

Amendment 85 #

Motion for a resolution
Paragraph 6

6. Calls for the representative European trade union federations to negotiate and conclude only European transnational company agreements; observes that, if a European trade union federation has not agreed any internal procedure for issuing a negotiating mandate, agreements may only be concluded by representative national trade unions; considers that European works councils should be fully involved in the negotiations;Highlights the value of parties to the agreements receiving negotiating mandates in order to fully involve national representative social partners without undermining national collective bargaining; further stresses that the legal mechanism of a mandate can be use for the multinational company to engage subsidiaries and possibly subcontractors and suppliers

Amendment 86 #

Motion for a resolution
Paragraph 6

trade union federations to negotiate and conclude only European transnational company agreements; observes that, if a European trade union federation has not agreed any internal procedure for issuing a negotiating mandate, agreements may only be concluded by representative national trade unions; considers that European works councils should be fully involved in the negotiations;

Amendment 87 #

Motion for a resolution
Paragraph 6

6. Calls for the representative European trade union federations and European employer federations to negotiate and conclude only European transnational company agreements; observes that, if a European trade union federation has not agreed any internal procedure for issuing a negotiating mandate, agreements may only be concluded by representative national trade unions; considers that European works councils should be fully involved in the negotiations;

Amendment 88 #

Motion for a resolution
Paragraph 6

Amendment 89 #

Motion for a resolution
Paragraph 6 a (new)

6 a. Underlines that collective bargaining is a trade union prerogative whether at enterprise, national or European level and for that reason the legitimacy of actors is a key issue in any European initiative and implementation of agreements has to be done in accordance with existing national practices;

Amendment 9 #

Motion for a resolution
Citation 17

~~– having regard to the ILO conventions on labour clauses (public contracts) (No 94) and collective bargaining (No 154),~~deleted

Amendment 90 #

Motion for a resolution
Paragraph 6 a (new)

6 a. Underlines the usefulness of national social partners signing adhesion agreements through which they could take over the content of Transnational Company Agreements in order to ensure national ownership and enforceability;

Amendment 91 #

Motion for a resolution
Paragraph 6 b (new)

6 b. Notes that national unions must be part of the negotiations but they have to mediate their specific national interests within the procedures adopted at European level;

Amendment 92 #

Motion for a resolution
Paragraph 6 b (new)

6 b. considers that European works councils should be fully involved in the negotiations with European trade union Federations where applicable; notably as they are able to detect the need/opportunity for a TCA, initiate the process and pave the way for negotiations, help in ensuring the transparency and dissemination of information concerning the agreements toward the workers involved; welcome that some European trade union Federations have designed procedural rules to involve European works council;

Amendment 93 #

Motion for a resolution
Paragraph 7

7. Calls for the inclusion of the most favourable clause and the non-regression clause in order to avert the danger that a European transnational company agreement might result in evasion of national collective agreements and national company agreements, or impair them;deleted

Amendment 94 #

Motion for a resolution
Paragraph 7

Amendment 95 #

Motion for a resolution
Paragraph 7

Amendment 96 #

Motion for a resolution
Paragraph 7

Amendment 97 #

Motion for a resolution
Paragraph 7

7. ~~Calls for~~Is convinced that the inclusion of the most favourable clause and the non- regression clause is necessary in order to avert the danger that a European transnational company agreement might result in evasion of national collective agreements and national company agreements, or impair them;

Amendment 98 #