Awaiting committee decision
Next event: Indicative plenary sitting date, 1st reading/single reading 2015/06/09
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | EMPL | MORIN-CHARTIER Elisabeth (EPP) | JONGERIUS Agnes (S&D), GERICKE Arne (ECR), TØRNÆS Ulla (ALDE), LE HYARIC Patrick (GUE/NGL), LAMBERT Jean (Verts/ALE), BEGHIN Tiziana (EFD) |
Lead | EMPL | RONZULLI Licia (PPE) | |
Opinion | PECH | NÍ RIADA Liadh (GUE/NGL) | |
Opinion | PECH | ||
Opinion | TRAN |
Legal Basis TFEU 153-p2
- 3.15.08 Fishing enterprises, fishermen, working conditions on board
- 3.20.03 Maritime transport: passengers and freight
- 3.20.10 Transport undertakings, transport industry employees
- 4.15.05 Industrial restructuring, job losses, redundancies, relocations
- 4.15.10 Worker information, participation, trade unions, works councils
- 4.15.12 Workers protection and rights, labour law
Activites
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2015/06/09
Indicative plenary sitting date, 1st reading/single reading
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2015/04/01
Vote scheduled in committee, 1st reading/single reading
- #3357
- 2014/12/11 Council Meeting
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2014/10/20
Committee referral announced in Parliament, 1st reading/single reading
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2013/11/21
Committee referral announced in Parliament, 1st reading/single reading
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2013/11/18
Legislative proposal published
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COM(2013)0798
summary
PURPOSE: to amend several European Directives in order to improve the level of information and consultation of seagoing workers in all Directives. PROPOSED ACT: Directive of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: the EU labour law directives are generally applicable to all sectors of activity and all categories of workers. Nevertheless, seafarers are excluded or can be excluded from the scope of six directives, without any express justification. The directives concerned are the following: Directive 2008/94/EC relating to the protection of employees in the event of the insolvency of their employer (hereafter referred to as ‘the Employer Insolvency Directive’); Directive 2009/38/EC on the establishment of European Works Council (hereafter referred to as the ‘European Works Council Directive’); Directive 2002/14/EC establishing a general framework for informing and consulting employees (hereafter referred to as the ‘Information and Consultation Directive’); Directive 98/59/EC on the approximation of the laws of the Member States relating to collective redundancies (hereafter referred to as the ‘Collective Redundancies Directive’); Directive 2001/23/EC relating to the safeguarding of employees’ rights in the event of transfers of undertakings (hereafter referred to as the ‘Transfer of Undertakings Directive’); Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (hereafter referred to as the ‘Posting of Workers Directive’). Depending on the situation at national level, exclusions could have a negative impact on a number of rights recognised under the Charter of Fundamental Rights of the European Union, in particular the right to information and consultation within the undertaking and the right to fair and just working conditions. Most of the Member States have made little or no use of the exclusions which gives rise to a potential situation whereby the same categories of workers are treated differently in the different Member States. The number of EU national seafarers is steadily decreasing and this could be problematic for the future, notably because experience off-shore is essential for certain shore-based jobs. Although this could be the consequence of different factors, the lack of interest in maritime careers may be reinforced by the impression that seafarers are less well protected than other employees. As a consequence, the aim of the proposal is to improve the level of protection of the rights protected under the EU Charter of Fundamental Rights in EU labour law and to ensure a level playing field at EU level. IMPACT ASSESSMENT: according to the Directive to be amended, different options have been identified: suppression of the exclusions for the Insolvency Directive and for the European Works Council Directive; granting a derogation concerning the equivalent level of protection for the Information and Consultation Directive; including specific provisions for the Collective Redundancies Directive and for the Transfer of Undertakings Directive; As regards the Posting of Workers Directive, it was decided that no changes should be made. LEGAL BASIS: This proposal introduces amendments to five existing Directives: Directives 2008/94/EC, 2009/38/EC, 2002/14/EC, 98/59/EC and 2001/23/EC. Three of these Directives were adopted with Article 153 TFEU (former Article 137 EC) as legal basis: 2009/38/EC, 2002/14/EC and 2008/94/EC. The legal bases of Directives 98/59/EC and 2001/23/EC were respectively Articles 100 EC and 94 EC, i.e., equivalent to the current Article 115 TFEU. Despite the different legal bases of the Directives to be amended, having regard to their content, it is clear that they all serve to support and complement Member States' activities in the fields enumerated in Article 153(1) TFEU, in order to further the social policy objectives of the Union. Article 153(2) TFEU is therefore the adequate legal basis for a single proposal amending the abovementioned five Directives. CONTENT: this proposal introduces amendments to five Directives in force. The amending provisions may be summarised as follows: Right to information and consultation: the proposal recognises an unconditional right to information and consultation of seagoing workers in all Directives which previously allowed for exceptions and derogations from this right (European Works Councils Directive, Information and Consultation Directive, Collective Redundancies Directive, Transfer of Undertakings Directive). Principles: the proposal also recognises other rights, taking into account the specificity of the sector (suppression in some specific cases of cooling-off periods in the Collective Redundancies Directive or of the transfer of the employment contract/relationship in the Transfer of Undertakings Directive). Amendments to the Directives: a) reintroduction of seafarers into the scope of certain Directives: the deletion of Article 1(3), point (b) of Directive 2008/94/EC. This will suppress the possibility of excluding share-fishermen from the scope of the Insolvency Directive; suppression of Article 1(7) of Directive 2009/38/EC. Merchant navy crews will therefore be covered by the provisions of the European Works Council Directive. b) new rights: modifications to Article 3(3) of Directive 2002/14/EC in order to clarify that Member States are able to derogate from the general provisions of the Directive only where an equivalent level of protection and effective exercise by the employees concerned is ensured. c) collective redundancies: Directive 98/59/EC is amended as follows: insertion of the definition of ‘transfer’, by reference to Directive 2001/23/EC; deletion of Article 1(2)(c), thus putting the crews of seagoing vessels within the scope of the Collective Redundancies Directive; clarification that the notification provided for by Article 3(1) of the Directive should always be made to the competent authority of the State of the flag. This clarification is necessary because of the potential coexistence of employment contracts under different national laws; insertion of a new provision stating that Member States may grant the competent public authority the right to derogate, in part of in full, from the provisions on the ‘cooling-off’ period when the envisaged collective redundancy is carried out as a consequence of a transfer, having as its object exclusively one vessel or more vessels, or when the employer only operates one vessel. If Member States would like to make use of this derogation, they have to consult social partners when transposing this provision into their legislation. This amendment takes into account the characteristics of the maritime sector. It should be underlined that in the case of a sale consisting exclusively of one vessel or more, or in the case of an employer operating one vessel, the information and consultation obligation laid down in Article 2 continues to apply. The Directive remains fully applicable in all other circumstances where the collective dismissal of members of the crew of a vessel is envisaged. d) transfer of undertakings: current Article 1(3) of Directive 2001/23/EC is repealed. The Directive is made fully applicable to seagoing vessels registered in and/or flying the flag of a Member State, wherever they are situated. However, taking into account the specific characteristics of the maritime sector, Member States may, after consultation of social partners, derogate from the provisions of Chapter II of the Directive in the case of transfers concerning exclusively one seagoing vessel or a number of seagoing vessels, or the undertaking or business being transferred only operates one seagoing vessel. Consequently, in case of transfers concerning vessels exclusively or in the case of the undertaking only operating one vessel, at least the provisions of the Directive concerning information and consultation shall apply. Vessels are fully covered by the scope of the Directive when they constitute one of the assets being transferred. Non-regression clause: this clause aims at safeguarding the rights of workers covered by the scope of the proposal as recognised by the Member States before its entry into force. Review clause: the objective of the review is to monitor the implementation and application of Articles 4 and 5 of the Directive in the Member States, in particular on two issues: the phenomenon of flagging out, the level of employment of EU seafarers. Transition period: in order to take into account the differences between Member States regarding the nature of the maritime sector and the extent to which seafarers are included in the scope of national labour legislation, the proposal provides for a transition period of 5 years.
- DG {'url': 'http://ec.europa.eu/social/', 'title': 'Employment, Social Affairs and Inclusion'}, THYSSEN Marianne
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COM(2013)0798
summary
Documents
- Legislative proposal published: COM(2013)0798
- Debate in Council: 3357
Amendments | Dossier |
74 |
2013/0390(COD)
2014/01/27
EMPL
18 amendments...
Amendment 13 #
Proposal for a directive Recital 1 (1) Under Article 153 of the Treaty on the Functioning of the European Union (TFEU), the European Parliament and the Council may, in accordance with the ordinary legislative procedure, adopt, by means of directives, minimum requirements for gradual implementation aiming at improving working conditions, the protection of workers where their employment contract is terminated, information and consultation of workers and the working environment to protect workers’ health and safety.
Amendment 14 #
Proposal for a directive Recital 5 (5) The present legal situation, existing in part as result of the specific nature of the seafaring profession, gives rise to unequal treatment of the same category of workers by different Member States, according to whether they apply or not the exemptions and derogations allowed by present legislation. An important number of the Member States have made limited use of the exclusions
Amendment 15 #
Proposal for a directive Recital 10 (10) The rights of seafarers covered by this Directive, recognised by the Member States in the national legislation implementing Directives 2008/94/EC, 2009/38/EC, 2002/14/EC, 98/59/EC and/or 2001/23/EC should be respected, subject to the qualifications and conditions in the amendments.
Amendment 16 #
Proposal for a directive Recital 11 a (new) (11 a) Seagoing workers have a right to a safe and secure workplace in which safety standards are complied with, they should have fair terms of employment, decent living and working conditions, including social protection.
Amendment 17 #
Proposal for a directive Recital 11 b (new) (11 b) The Maritime Labour Convention of 2006 sets out seafarers' rights to decent conditions of work on a wide range of subjects, and provides coherent rights and protection at work for all seagoing workers regardless of their nationality and the flag of the ship. It aims to both achieve decent working conditions for seafarers and secure fair competition for quality shipowners through its global application.
Amendment 18 #
Proposal for a directive Recital 11 c (new) (11 c) The Union should always strive to improve working and living conditions onboard ships in order to make them attractive to European seagoing workers.
Amendment 19 #
Proposal for a directive Recital 11 d (new) (11 d) The Union should aim towards the improvement of internet based communications on board ships such as enhancing the availability of internet, ensuring reasonable use on board in order to assist in the implementation of this Directive.
Amendment 20 #
Proposal for a directive Article 1 – paragraph 1 a (new) Directive 2008/94/EC Article 1 – paragraph 2 Article 1(2) is replaced by the following: ‘2. Member States may, by way of exception, exclude claims by certain categories of employee, from the scope of this Directive, by virtue of the existence of other forms of guarantee if it is established that these offer the persons concerned a degree of protection equivalent to that resulting from this Directive. Under no circumstances shall the foregoing provision permit the exclusion of seafarers or fishermen.’
Amendment 21 #
Proposal for a directive Article 1 Directive 2008/94/EC Article 1 – paragraph 3 Article 1(3) is
Amendment 22 #
Proposal for a directive Article 3 Directive 2002/14/EC Article 3 – paragraph 3 In Article 3
Amendment 23 #
Proposal for a directive Article 3 – paragraph 3 Directive 2002/14/EC Article 3 – paragraph 3 Member States may
Amendment 24 #
Proposal for a directive Article 4 – point 3 Directive 98/59 EC Article 4 – paragraph 1a (new) Amendment 25 #
Proposal for a directive Article 4 – point 3 Directive 98/59/EC Article 4 – paragraph 1a (new) When projected collective redundancies of members of a crew, are carried out in connection with or deriving from a transfer of a seagoing vessel, Member States may, after consulting the social partners,
Amendment 26 #
Proposal for a directive Article 4 – point 3 Directive 98/59EC Article 4 – paragraph 1a (new) When projected collective redundancies of members of a crew, are carried out in connection with or deriving from a transfer of a seagoing vessel, Member States may, after
Amendment 27 #
Proposal for a directive Article 5 – paragraph 1 – point 2 Directive 2001/23/EC Article 1 – paragraph 3 This Directive shall apply to the transfer of a seagoing vessel registered in and/or flying the flag of a Member State and constituting an undertaking, business or part of an undertaking or business for the purposes of this Directive, even when it is not situated within the territorial scope of the Treaty, or any other seagoing vessel operating in the territorial scope of the Treaty.
Amendment 28 #
Proposal for a directive Article 5 – paragraph 1 – point 3 Directive 2001/23/EC Article 1 – paragraph 4 (new) Amendment 29 #
Proposal for a directive Article 5 – paragraph 1 – subparagraph 1 – point 3 Directive 2001/23/EC Article 1 – paragraph 4 (new) Amendment 30 #
Proposal for a directive Article 8 – paragraph 1 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than
source: PE-527.971
2015/01/27
PECH
22 amendments...
Amendment 1 #
Proposal for a directive Recital 1 (1) Under Article 153 of the Treaty on the Functioning of the European Union (TFEU), the European Parliament and the Council may, in accordance with the ordinary legislative procedure, adopt, by means of directives, minimum requirements for gradual implementation aiming at improving working conditions, the protection of workers where their employment contract is terminated, information and consultation of workers and the working environment to protect workers’ health and safety. Such directives must avoid imposing administrative, financial and legal constraints in a way that would hold back the creation and development of small and medium-sized undertakings, as the main architects of job creation in the EU.
Amendment 10 #
Proposal for a directive Recital 6 (6)
Amendment 11 #
Proposal for a directive Recital 7 (7) The Blue Book28 stresse
Amendment 12 #
Proposal for a directive Recital 7 (7) The Blue Book28 stressed the need for an increase in the number and quality of maritime jobs for European citizens and the importance of improving working conditions on board, inter alia through investment in research, education, training, health and safety. __________________ 28COM
Amendment 13 #
Proposal for a directive Recital 7 a (new) (7a) This directive is compatible with the 2020 Strategy and with the Commission’s Agenda for new skills and jobs: a European contribution towards full employment. It must nevertheless be borne in mind that working at sea is not an attractive proposition for young people. Consequently, the Commission should draw up an agenda setting out incentives that will encourage them to join the sector.
Amendment 14 #
Proposal for a directive Recital 10 a (new) (10a) The implementation of this directive should not entail any increase in the bureaucratic burden for SMEs and micro- enterprises in the sector.
Amendment 15 #
Proposal for a directive Recital 13 a (new) (13a) Although the extension of the application of these directives to seafarers represents positive progress, this is a first stage as it will still be necessary to transpose into EU law the STCW-F Convention and ILO Convention No 188 on work in fishing, as has already been done for people working in the maritime transport sector.
Amendment 16 #
Proposal for a directive Recital 13 b (new) (13b) As a matter of urgency, the Commission needs to go back to the proposal for a directive on seafarers’ working conditions that was withdrawn in 2004, in order to give special attention to the situation in this sector. The various laws of the flags lead to social dumping and competition between workers that cannot be legally resolved by the Posting of Workers Directive.
Amendment 17 #
Proposal for a directive Article 2 – paragraph 1 a (new) Directive 2009/38/EC Article 6 – paragraph 2 – point d a In Article 6(2), the following point da is inserted: ‘(da) With regard to seafarers who are members of European Works Councils or special negotiating bodies, the agreement shall take account of the constraints arising from their frequent absences at sea or in ports in a country other than the one where their undertaking is based.’
Amendment 18 #
Proposal for a directive Article 3 – paragraph 1 – subparagraph 1 Directive 2002/14/EC Article 3 – paragraph 3 3. Member States may derogate from this Directive through particular provisions applicable to the crews of vessels plying the high seas, provided that such particular provisions guarantee
Amendment 19 #
Proposal for a directive Article 3 – paragraph 1 – subparagraph 1 a (new) Directive 2002/14/EC Article 4 – paragraph 4 a In Article 4, the following paragraph 4a is inserted: ‘4a. It should be possible to provide members of a crew with information or to consult with them at a distance by means of electronic communication.’
Amendment 2 #
Proposal for a directive Recital 2 a (new) (2a) The 2006 Commission Green Paper entitled ‘Towards a future maritime policy for the Union’ already underlined the importance of establishing an integrated legal framework in order to make the sector more competitive.
Amendment 20 #
Proposal for a directive Article 4 – paragraph 1 – point 3 a (new) Directive 98/59/EC Article 4 – paragraph 4 a (3a) In Article 4, the following paragraph 4a is inserted: ‘4a. Where there are provisions in national law or in collective agreements in relation to collective redundancies of members of crews, such provisions shall not be affected by this Directive, provided that they guarantee at least the same degree of protection as this Directive.’
Amendment 21 #
Proposal for a directive Article 8 – paragraph 1 – subparagraph 1 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than
Amendment 22 #
Proposal for a directive Article 8 – paragraph 1 – subparagraph 1 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this
Amendment 3 #
Proposal for a directive Recital 3 (3) Insofar the existence and/or possibility of introducing exclusions is not justified on objective grounds, they should be suppressed, avoiding any situations involving unfair competition and social dumping.
Amendment 4 #
Proposal for a directive Recital 3 (3) Insofar the existence and/or possibility of introducing exclusions is not justified on objective grounds, they should be suppressed, in order to guarantee equal rights for all workers.
Amendment 5 #
Proposal for a directive Recital 3 a (new) (3a) Excluding seafarers from directives regulating workers’ rights could give rise to unequal treatment and unfair competition between Member States.
Amendment 6 #
Proposal for a directive Recital 3 a (new) (3a) The same rights should be guaranteed for seafarers as for shore- based workers, and they should be afforded equal pay for equal work without distinction of any kind. Maritime clusters should also be promoted, while encouraging the integration of young people into the maritime and fisheries sector.
Amendment 7 #
Proposal for a directive Recital 5 (5) The present legal situation gives rise to unequal treatment of the same category of workers by different Member States, according to whether they apply or not the exemptions and derogations allowed by
Amendment 8 #
Proposal for a directive Recital 5 a (new) (5a) Stresses that improving working conditions for seafarers entails taking account of the specific features of each sector, such as the artisanal and inshore sector, where multisectoral action is necessary.
Amendment 9 #
Proposal for a directive Recital 5 b (new) (5b) Taking account of the specific features of each sector, such as the artisanal and inshore sector, training in all sectors should be encouraged, with more flexible measures where experience or practice can provide the basis for course recognition, with encouragement being given to studying and the acquisition of skills geared to each sector.
source: 546.822
2015/01/30
EMPL
34 amendments...
Amendment 18 #
Draft legislative resolution Citation 7 a (new) - having regard to the agreement reached by the European Social Partners,
Amendment 19 #
Proposal for a directive Recital 1 (1) Under Article 153 of the Treaty on the Functioning of the European Union (TFEU), the European Parliament and the Council may, in accordance with the ordinary legislative procedure, adopt, by means of directives, minimum requirements for gradual implementation aiming at improving working conditions, the protection of workers where their employment contract is terminated, information and consultation of workers and the working environment to protect workers’ health and safety. Such directives must avoid imposing administrative, financial and legal constraints in a way that would hold back the creation and development of small and medium-sized undertakings, drivers of sustainable and inclusive growth.
Amendment 20 #
Proposal for a directive Recital 3 (3) Insofar as the existence and/or possibility of introducing exclusions is not justified on objective grounds
Amendment 21 #
Proposal for a directive Recital 3 a (new) (3a) Taking into account the provisions of this Directive, flexibility and recognition of the unique environment in which seafarers work are key to ensuring that a practice of flagging out vessels does not become more attractive than complying with this Directive;
Amendment 22 #
Proposal for a directive Recital 5 (5) The present legal situation, existing in part as result of the specific nature of the seafaring profession, gives rise to unequal treatment of the same category of
Amendment 23 #
Proposal for a directive Recital 5 a (new) (5a) The requirements under this Directive must not place disproportionate costs or burdens on smaller firms and family businesses.
Amendment 24 #
Proposal for a directive Recital 7 (7) This Directive is in line with the Blue Book28,which stressed the need for an increase in the number and quality of maritime jobs for European citizens and the importance of improving working conditions on board. __________________ 28COM (2007) 575 final of 10 October 2007.
Amendment 25 #
Proposal for a directive Recital 7 a (new) (7a) The "blue" economy represents about 5,4 million jobs and generates a gross added value of almost EUR 500 billion per year.
Amendment 26 #
Proposal for a directive Recital 7 b (new) (7b) It is necessary to safeguard the social rights of people working in the “blue” economy and to ensure a level playing field within the Union.
Amendment 27 #
Proposal for a directive Recital 8 a (new) (8a) The social partners in the maritime and fisheries sector have concluded an agreement of vital importance regarding this Directive. They struck a good balance between the need to improve seafarers' working conditions and the need to take account of the sector's specific features.
Amendment 28 #
Proposal for a directive Recital 8 a (new) (8a) The European social partners in the sectors concerned have reached an agreement.
Amendment 29 #
Proposal for a directive Recital 8 b (new) (8b) The maritime sector has a great potential for innovation and growth and should be made more attractive to young people.
Amendment 30 #
Proposal for a directive Recital 9 (9) Having regard to the technological developments of recent years notably as regards communications technology, the information and consultation requirements should be updated and applied in the most appropriate manner, including the usage of new information and communication technologies.
Amendment 31 #
Proposal for a directive Recital 9 a (new) (9a) The international economic and financial crisis has hit the maritime sector extremely hard, giving rise to a situation of instability which is causing major problems for those working in the sector.
Amendment 32 #
Proposal for a directive Recital 9 b (new) (9b) The maritime sector is a strategic sector for the EU, on a par with the other passenger and goods transport sectors.
Amendment 33 #
Proposal for a directive Recital 9 c (new) (9c) There are a number of important issues in the maritime sector, such as the stabilisation of employment, safety, professional training, recognition of cases of asbestos exposure, arduous occupations and pension entitlements, that need to be addressed without delay both nationally and at European level.
Amendment 34 #
Proposal for a directive Recital 10 (10) The rights of seafarers covered by this Directive, recognised by the Member States in the national legislation implementing Directives 2008/94/EC, 2009/38/EC, 2002/14/EC, 98/59/EC and/or 2001/23/EC should be respected. The transposition of this Directive should not justify any regression regarding the situation which already prevails in a Member State.
Amendment 35 #
Proposal for a directive Recital 11 a (new) (11a) Seafarers have a right to a safe and secure workplace in which safety standards are complied with and should have fair terms of employment and decent living and working conditions, including social protection.
Amendment 36 #
Proposal for a directive Recital 11 b (new) (11b) The Maritime Labour Convention of 2006 sets out seafarers' rights to decent conditions of work on a wide range of subjects, and provides coherent rights and protection at work for all seafarers, regardless of nationality or vessel flag. It aims to achieve both decent working conditions for seafarers and secure fair competition for ship owners through its global application.
Amendment 37 #
Proposal for a directive Recital 11 c (new) (11c) The Union should always strive to improve working and living conditions on board ships in order to make them attractive to Union seafarers.
Amendment 38 #
Proposal for a directive Recital 11 d (new) (11d) The Union should aim to improve internet-based communications on board ships, such as enhancing the availability of internet, ensuring reasonable use on board in order to enhance the implementation of Directives 2008/94/EC, 2009/38/EC, 2002/14/EC, 98/59/EC, 2001/23/EC and this Directive.
Amendment 39 #
Proposal for a directive Article 1 – paragraph 1 Directive 2008/94/EC Article 1 – paragraph 3 Article 1(3) is
Amendment 40 #
Proposal for a directive Article 2 – point 1 a (new)Directive 2009/38/EC Article 10 – paragraph 4 a (new) (1a) In Article 10, the following paragraph is added: ‘5. A member of a special negotiating body or European Works Council or his or her alternate, who is a member of the crew of a seagoing vessel shall be entitled to participate in a meeting of the special negotiating body or European Works Council or in any other meeting within any procedures established under Article 6(3) if he or she is not at sea or in a port in a State other than that in which the shipping company is domiciled when the meeting takes place. Meetings shall, wherever practicable, be scheduled to facilitate the participation of members who are members of the crews of seagoing vessels.’
Amendment 41 #
Proposal for a directive Article 2 – point 1 a (new) Directive 2009/38/EC Article 10 – paragraph 4 a (new) (1a) In Article 10, the following paragraph is added: ‘5. A member of a special negotiating body or European Works Council, or his or her representative , who is a member of the crew of a vessel, shall be entitled to participate in meetings of the special negotiating body or European Works Council or any other meeting within the procedure established under Article 6(3) if he or she is not at sea or in a port in a State other than that in which the undertaking is domiciled when the meeting takes place. Meetings shall, wherever possible, be scheduled in such a way so as to allow vessel crew members to attend. With a view to maximising the chances of worker representation, use shall be made, wherever possible, of new information and communication technologies in cases where a member of a special negotiating body or a European Works Council or his or her representative, who is a member of the crew of a vessel is unable to attend a meeting.’
Amendment 42 #
Proposal for a directive Article 3 – point 1 Directive 2002/14/EC Article 3 – paragraph 3 Article 3(3) is
Amendment 43 #
Proposal for a directive Article 4 – point 1 Directive 98/59/EC Article 1 (1) Article 1 is amended as follows:
Amendment 44 #
Proposal for a directive Article 4 – point 2 Directive 98/59/EC Article 3 – paragraph 1 – subparagraph 1 a (new) When the projected collective redundancy concerns members of the crew of a seagoing vessel, the
Amendment 45 #
Proposal for a directive Article 4 – point 3 Directive 98/59/EC Article 4 – paragraph 1 a (new) Amendment 46 #
Proposal for a directive Article 5 – point 1 Directive 2001/23/EC Article 1 – paragraph 2 Amendment 47 #
Proposal for a directive Article 5 – point 2 3. This Directive shall apply to the transfer of a seagoing vessel
Amendment 48 #
Proposal for a directive Article 5 – point 2 Directive 2001/23/EC Article 1 – paragraph 3 3. This Directive shall apply to the transfer of a seagoing vessel
Amendment 49 #
Proposal for a directive Article 5 – point 2 Directive 2001/23/EC Article 1 – paragraph 3 3. This Directive shall apply to the transfer of a seagoing vessel
Amendment 50 #
Proposal for a directive Article 5 – point 3 Directive 2001/23/EC Article 1 – paragraph 4 Amendment 51 #
Proposal for a directive Article 8 – paragraph 1 – subparagraph 1 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than
source: 546.841
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