2019/2183(INL) Revision of European Works Councils Directive
Next event: Vote in plenary scheduled 2023/02/02
Lead committee dossier:
Next event: Vote in plenary scheduled 2023/02/02
Progress: Awaiting Parliament's vote
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | EMPL |
RADTKE Dennis ( EPP)
|
BENIFEI Brando ( S&D),
ALIEVA-VELI Atidzhe ( Renew),
SATOURI Mounir ( Verts/ALE),
LIZZI Elena ( ID),
RAFALSKA Elżbieta ( ECR),
RODRÍGUEZ PALOP Eugenia ( GUE/NGL)
|
Lead committee dossier:
Legal Basis:
RoP 47
Legal Basis:
RoP 47Events
2023/02/02
Vote in plenary scheduled
2023/01/19
EP - Debate in Parliament
Documents
2022/12/14
EP - Committee report tabled for plenary
Details
The Committee on Employment and Social Affairs adopted the initiative report by Dennis RADTKE (EPP, DE) with recommendations to the Commission on Revision of European Works Councils Directive.
Context
The report notes that around 1 200 EWCs currently exist in the Union, with 18 000 individual representatives. There is evidence that early consultation can have a substantial impact on job security during restructuring processes and worker consultation and participation is essential in ensuring workers’ well-being. Moreover, EWCs play a crucial role in the Europeanisation of industrial relations.
However, gaps and the lack of enforcement of Directive 2009/38/EC of the European Parliament and of the Council 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 employee contributes to a fragmented uptake of workers’ rights of information and consultation on transnational matters across the Union.
Recommendations for the revision of Directive 2009/38/EC
Members call on the Commission to carry out the long-awaited revision of Directive 2009/38/EC with a view to clarifying its objectives, definitions and procedures, strengthening the right of employee representatives to information and consultation, particularly during restructuring processes. They believe that it is essential to strengthen EWCs and their ability to exercise their information and consultation rights, as well as to increase the number of EWCs, while taking into account the different industrial relations systems in the Member States.
The awareness and visibility of EWCs and their potential benefits among employee and management representatives should be increased. In this context, Members calls on the Commission to gather data on the undertakings falling under the scope of Directive 2009/38/EC and organise a high-level conference in 2023 to mobilise undertakings falling under the scope of Directive 2009/38/EC, EWCs, social partners within various sectors as well as national labour market institutions on the importance of EWCs in order to put this topic high on the policy agenda.
The Commission is requested to submit, by 31 January 2024, a proposal for a revision of Directive 2009/38/EC .
Ensuring timely and meaningful consultation
The EWCs still face major difficulties to enforce their rights, especially on timely information and prior and effective consultation on matters of transnational character that could have an impact on jobs and working conditions of the workforce in Europe, including changes deriving from the green and digital transitions.
It is recommended that the Commission and the Member States promote the strengthening of information and consultation rights, and meaningful consultation processes. A revision of the definition of the term ‘consultation’ in Directive 2009/38/EC is called for in order to ensure that the EWC’s opinion is taken into account in the decisions of undertakings and that opinion is delivered before the completion of the consultation at the relevant level, before the governing bodies of the undertaking come to a decision.
EWC members should have timely access to meaningful and up-to-date information about envisaged decisions of a transnational character.
Given the fragmented implementation of confidentiality provisions, the report also calls for a clear definition of confidential information.
Introducing effective, dissuasive and proportionate penalties
Concerned about the insufficient compliance with Directive 2009/38/EC, the report notes that the provisions governing Member State penalties needs to be strengthened in order to improve compliance with Directive 2009/38/EC, while at the same time ensuring that it does not create a burden to the business.
Ending the exemption of pre-Directive agreements
More than 25 years after the adoption of the first EWC Directive, many pre-Directive agreements are still in force and have not been adapted to the requirements of Directive 2009/38/EC. It is essential that all EWC agreements are governed by the same rights and obligations, in order to ensure equal treatment of workers, access to the application of high Union standards, and legal certainty. The Commission and the Member States are recommended to put an end to the exemption for the so-called voluntary pre-Directive agreements and revise the relevant provisions of Directive 2009/38/EC with the view to participation rights and the revision of the European Works Council Directive, creating a regulatory level-playing field governing the functioning of EWCs.
Ensuring access to justice
The report highlights the importance of EWCs having access to courts or national competent labour authorities. Member States are called on to ensure facilitated administrative and legal proceedings for an effective access to justice for EWCs and special negotiation bodies, and for the specification of legal status, including granting legal personality, of EWCs.
Documents
2022/11/30
EP - Vote in committee
2022/06/23
EP - Amendments tabled in committee
Documents
2022/05/12
EP - Committee draft report
Documents
2020/02/17
EP - RADTKE Dennis (EPP) appointed as rapporteur in EMPL
2019/12/19
EP - Committee referral announced in Parliament
Documents
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary: A9-0295/2022
- Amendments tabled in committee: PE734.188
- Committee draft report: PE730.043
- Committee draft report: PE730.043
- Amendments tabled in committee: PE734.188
Activities
- Seán KELLY
Plenary Speeches (2)
- Dimitrios PAPADIMOULIS
Plenary Speeches (2)
- Dennis RADTKE
Plenary Speeches (2)
- Brando BENIFEI
Plenary Speeches (1)
- Dominique BILDE
Plenary Speeches (1)
- David CASA
Plenary Speeches (1)
- Maria GRAPINI
Plenary Speeches (1)
- Krzysztof HETMAN
Plenary Speeches (1)
- Ádám KÓSA
Plenary Speeches (1)
- Leila CHAIBI
Plenary Speeches (1)
- Özlem DEMIREL
Plenary Speeches (1)
- Eugenia RODRÍGUEZ PALOP
Plenary Speeches (1)
- Radan KANEV
Plenary Speeches (1)
- Guido REIL
Plenary Speeches (1)
- Alex AGIUS SALIBA
Plenary Speeches (1)
- Daniela RONDINELLI
Plenary Speeches (1)
- Bogdan RZOŃCA
Plenary Speeches (1)
- Atidzhe ALIEVA-VELI
Plenary Speeches (1)
- Elżbieta RAFALSKA
Plenary Speeches (1)
- Mounir SATOURI
Plenary Speeches (1)
- Milan BRGLEZ
Plenary Speeches (1)
- Sara SKYTTEDAL
Plenary Speeches (1)
- Elena LIZZI
Plenary Speeches (1)
- Gabriele BISCHOFF
Plenary Speeches (1)
- Marc ANGEL
Plenary Speeches (1)
- Miriam LEXMANN
Plenary Speeches (1)
- Margarita DE LA PISA CARRIÓN
Plenary Speeches (1)
- Ilan DE BASSO
Plenary Speeches (1)
| Amendments | Dossier |
| 299 |
2019/2183(INL)
2022/06/23
EMPL
299 amendments...
Amendment 1 #
Motion for a resolution Citation 11 —
Amendment 10 #
Motion for a resolution Recital B B. whereas around 1 200 European Work Councils (EWCs) currently exist in the Union, with 18 000 individual
Amendment 100 #
Motion for a resolution Paragraph 7 b (new) 7b. Calls on Member States to apply the “rule of Law” principle equally on legislation on collective workers´ rights by providing effective measures for the implementation and enforcement of these rules; calls on the Commission to monitor the transposition of Directive 2009/38/EC and to file infringement procedures when the Directive is not transposed appropriately;
Amendment 101 #
Motion for a resolution Subheading 6 Introducing effective, dissuasive and proportionate penalties
Amendment 102 #
Motion for a resolution Paragraph 8 8. Is concerned about the fragmented and insufficient compliance with Directive 2009/38/EC and stresses the need to ensure proper, effective and timely compliance, implementation and enforcement of the Directive; calls in this regard for reinforced rules and procedures and other measures
Amendment 103 #
Motion for a resolution Paragraph 8 8. Is concerned about the fragmented and insufficient compliance with Directive 2009/38/EC; calls in this regard for reinforced procedures and other measures to ensure proper, effective and timely compliance
Amendment 104 #
Motion for a resolution Paragraph 8 Amendment 105 #
Motion for a resolution Paragraph 8 8. Is concerned about the fragmented and insufficient compliance with Directive 2009/38/EC
Amendment 106 #
Motion for a resolution Paragraph 8 8. Is concerned about the fragmented and insufficient compliance with Directive 2009/38/EC across the Union; calls in this regard for reinforced procedures and other measures to ensure proper, effective and timely compliance
Amendment 107 #
Motion for a resolution Paragraph 8 8. Is concerned about the fragmented and insufficient compliance with Directive 2009/38/EC; calls in this regard for reinforced procedures and other measures to ensure proper, effective and timely compliance
Amendment 108 #
Motion for a resolution Paragraph 9 9. Regrets that in many Member States penalties for non-compliance are not effective, dissuasive or proportionate as required by Directive 2009/38/EC; stresses that the provisions governing
Amendment 109 #
Motion for a resolution Paragraph 9 9. Regrets that in many Member States penalties for non-compliance, covering the entire supply chain, including subcontracting, are not effective, dissuasive
Amendment 11 #
Motion for a resolution Recital B a (new) Ba. whereas studies have shown that European Works Councils have a positive impact in the transition to a carbon- neutral and climate-neutral economy based on sustainable and circular use of resources and gender equality, and that they improve the organisation of work and decision-making;
Amendment 110 #
Motion for a resolution Paragraph 9 9. Regrets that in many Member States penalties for non-compliance are not effective, dissuasive or proportionate as required by Directive 2009/38/EC; stresses that the provisions governing Member State penalties needs to be strengthen in order to improve compliance with Directive 2009/38/EC; reiterates its call on the Commission to revise the Directive 2009/38/EC with a view to introduce effective, dissuasive and proportionate penalties in order to secure compliance;
Amendment 111 #
Motion for a resolution Paragraph 9 9. Regrets that in many Member States penalties for non-compliance are not effective, dissuasive or proportionate as required by Directive 2009/38/EC; stresses that the provisions governing Member State penalties needs to be strengthened in order to improve compliance with Directive 2009/38/EC, while at the same time ensuring that it does not create disproportionate financial burden to the business, especially in the case of medium-sized companies;
Amendment 112 #
Motion for a resolution Paragraph 9 9. Regrets that in
Amendment 113 #
Motion for a resolution Paragraph 9 a (new) 9a. Underlines that incentives need to be created in favour of the development of EWCs, their wider use and effective enforcement, thus not limiting the scope of Union and national actions to a punitive approach;
Amendment 114 #
Motion for a resolution Paragraph 9 a (new) 9a. Believes that the Commission should take charge of compiling a database of those companies falling under remit of Directive 2009/38/EC and make this information publicly available;
Amendment 115 #
Motion for a resolution Subheading 7 Ending the exemption of pre-Directive agreements
Amendment 116 #
Motion for a resolution Paragraph 10 10. Stresses that the provisions guiding the situations in which the obligations of Directive 2009/38/EC do not apply due to other agreements in force warrant further clarification in order to improve the functioning and implementation of Directive 2009/38/EC; reiterates its previous call on the Commission and the Member States to put an end, after more than 20 years, to the exemption for the so- called voluntary pre-Directive agreements and calls for a revision of the relevant provisions of Directive 2009/38/EC;
Amendment 117 #
Motion for a resolution Paragraph 10 10.
Amendment 118 #
Motion for a resolution Paragraph 10 10. Stresses that the provisions guiding the situations in which the obligations of Directive 2009/38/EC do not apply due to
Amendment 119 #
Motion for a resolution Paragraph 10 a (new) 10a. Recalls that nearly twenty-five years after the entry into force of Directive 94/45/EC, over one third of EWC agreements are still not covered by the provisions of Directive 2009/38/EC, and that a handful of agreements are still operating under Directive 94/45/EC despite the adoption of Directive 2009/38/EC; calls on the Commission to phase out the obsolete exemption of these "Article 14 agreements" over a period of three years to ensure legal certainty and inclusion into the scope of the law without requiring any renegotiations;
Amendment 12 #
Motion for a resolution Recital B a (new) Amendment 121 #
Motion for a resolution Paragraph 11 Amendment 122 #
Motion for a resolution Paragraph 11 11.
Amendment 123 #
Motion for a resolution Paragraph 11 11. Calls on Member States to ensure access to justice for EWCs and Special Negotiating Bodies for the specification of the legal status of EWCs and Special Negotiating Bodies as legal actors; calls on Member States to ensure that effective administrative or judicial mechanisms are in place, to allow members of a EWC or a Special Negotiation Body to lodge complaints against the central management; calls on the Commission to introduce effective, dissuasive and proportionate sanctions;
Amendment 124 #
Motion for a resolution Paragraph 11 11.
Amendment 125 #
Motion for a resolution Paragraph 11 11. Calls on the Commission and Member States to ensure access to justice for EWCs and
Amendment 126 #
Motion for a resolution Paragraph 11 a (new) 11a. Highlights the need to promote the EWCs' participation in the drawing up and implementation of the companies' new business plans with a transnational impact on workers, including any digital innovation processes, by establishing more structured and pro-active methods of information and consultation of employees representatives in these fields; stresses also that employees' representation should take part in the elaboration of social plans, which should be an integral part of such business plans, aimed at governing changes that may affect workers and generate redundancies;
Amendment 127 #
Motion for a resolution Paragraph 11 a (new) 11a. Calls on Member States to increase the visibility of EWCs and their potential benefits; notes the significant contribution that the exchange of knowledge and best practices can play in the further development of EWCs and in improving their functioning, especially in Member States where their existence is limited; regrets that the handbook initiative undertaken by the Commission could not be finalised as it could be instrumental in providing with more guidance on EWCs’ implementation and proper functioning;
Amendment 128 #
Motion for a resolution Paragraph 11 a (new) 11a. Calls on the Commission to oblige the Member States to determine the competent labour court to which the EWC and the special negotiation bodies can have access; calls on the Member State to notify the competent labour courts to the Commission;
Amendment 129 #
Motion for a resolution Paragraph 11 b (new) 11b. Highlights that the Recovery Plan offers the opportunity for innovation to finance sustainable and digital investments and projects at the workplace, which require a coordinated programming and implementation effort between employers and employees; stresses that the timely information and consultation of EWCs in this process is essential in order to adequately identify, anticipate and manage their potential transformative and transnational effects on employment and on the relations between social partners as well as to ensure that the potential profits are fairly shared between the management and the workers;
Amendment 13 #
Motion for a resolution Recital B a (new) Ba. whereas under Article 2 TEU, equality is a founding value of the Union and it is common to the Member States in a society in which equality, including equality between women and men, prevails and whereas under Article 3(3) TEU, the Union is to promote equality between women and men;
Amendment 130 #
Motion for a resolution Paragraph 11 b (new) 11b. Calls on Member States to organise specialised trainings on EWCs’ rights, with the commitment of national trade unions to properly inform their members about the functionality of the EWCs, and to allocate resources to awareness raising campaigns;
Amendment 131 #
Motion for a resolution Paragraph 11 b (new) 11b. Regrets the fact that a very low percentage of women are members, substitutes and office holders in the EWCs and calls for the introduction of procedural requirements in the selection processes to attain a gender-balanced representation;
Amendment 132 #
Motion for a resolution Paragraph 11 c (new) 11c. Stresses that the right to bargain with employers with respect to conditions of work constitutes an essential element in freedom of association, and trade unions and workers representatives have the right, through collective bargaining or information and consultation, to seek to improve the living and working conditions of those whom they represent; the employers should refrain from any interference which would restrict this right or impede the lawful exercise thereof and workers representatives in EWCs should be protected in the exercise of their rights against any retaliation or union busting practices;
Amendment 133 #
Motion for a resolution Paragraph 11 c (new) 11c. Calls on the Commission to raise awareness about the challenges faced by EWCs and the benefits they can bring to undertakings, especially in the case of restructuring and anticipation of changes, and highlight the need to use them in a proactive manner in order to better accompany companies and workers through the adaptation path;
Amendment 134 #
Motion for a resolution Paragraph 11 d (new) 11d. Calls on the Commission to put in place a platform to ensure a structured and regular exchange of knowledge across Member States and sectors, including the revival of the expert group established by the Commission during the transposition period of Directive 2009/38/EC, and highlights the importance for this platform to reflect the diversity of EWCs;
Amendment 135 #
Motion for a resolution Paragraph 11 d (new) 11d. Believes that a revised Directive should discuss enlarging the scope of the application to a greater number of companies by lowering the minimum workforce threshold established for the establishment of EWC;
Amendment 136 #
Motion for a resolution Paragraph 11 e (new) 11e. Calls on the Commission to organise a high level conference in 2023 to mobilise undertakings falling under the scope of Directive 2009/38/EC, social partners within various sectors as well as national labour market institutions on the importance of EWCs in order to put this topic high on the policy agenda;
Amendment 137 #
Motion for a resolution Paragraph 12 a (new) 12a. Calls on the Commission to help define a harmonised, proportionate, effective and dissuasive system of penalties at European level, covering the entire supply chain, including subcontracting, to eliminate social dumping and ensure the proper functioning of the internal market, ensuring respect for the rights of all workers;
Amendment 138 #
Motion for a resolution Annex I – paragraph 1 – point -1 (new) -1 The following recital is added: "(10a) The ongoing double transition towards a climate change and towards digitalisation will give rise to huge changes for companies, workers and the entire society. In addition, the Covid 19- crisis has disrupted labour markets and the social security and social benefit systems. The invasion of Ukraine crisis also brings many new challenges to a changing Europe. To find sustainable solutions to these challenges, workers and citizens in the EU should be encouraged to participate in the democratic systems and the decision-making processes. European Works Councils are one possibility for workers to be part of transnational cooperation between workers at the company level. This bottom-up approach would foster democracy at work and civic democracy in a changing world of work;".
Amendment 139 #
Motion for a resolution Annex I – paragraph 1 – point -1 a (new) -1 a The following recital is added: (46a) In some Member States it is unclear which national court is competent to rule about EWCs or the Special Negotiation Body. Because of the nature of collective labour rights, the competent national labour court is a labour court. The Member States should be obliged to determine and notify to the Commission a competent national labour court to which the EWC and the Special Negotiation Body should have straightforward access.
Amendment 14 #
Motion for a resolution Recital B a (new) Amendment 140 #
Motion for a resolution Annex I – paragraph 1 – point -1 b (new) (-1b) The following recital is added: (43a) Although Directive 94/45/EC and the Recast EWC Directive 2009/38/EC established transnational collective labour rights on information and consultation, these rights are in practice often not respected and have proven very difficult to enforce. In many cases employers have implemented measures with transnational issues without informing and consulting the EWC (Renault Vilvoorde), and EWCs are frequently only informed and consulted after measures with transnational issues have been implemented. Therefore, provisions enabling the effective enforcement should be established; in particular, EWCs should have the right to apply for a legal suspension of the planned measures as long as they have not been appropriately informed and consulted;
Amendment 141 #
Motion for a resolution Annex I – paragraph 1 – point -1 c (new) (-1c) The following recital is added: (44a) In many cases, management has ignored and rejected the right of EWCs to be informed and consulted and to hand over the necessary information. Without the necessary information about the potential transnational impact of a measure, however, it is almost impossible for the EWC to prove that the management is obliged to inform and consult the EWC properly. For the EWC a prima facie evidence should suffice in order to lodge a judicial appeal in such cases in order to secure the required information and consultation in goodtime;
Amendment 142 #
Motion for a resolution Annex I – paragraph 1 – point -1 d (new) -1 d The following recital is added: (45a) Both Directive94/45/EC and the Recast Directive 2009/38/EC fail to ensure that EWCs and Special Negotiation Bodies are legal entities in their own right so that they may go to the courts to enforce their rights. EWCs and the Special Negotiation Body should have the legal personality which ensures their access to a legal system;
Amendment 143 #
Motion for a resolution Annex I – paragraph 1 – point -1 e (new) (-1e) Recital 39 is replaced by the following: (39) European Works Councils are undoubtedly a success story and an important pillar of the European Social Model. Nearly three decades have passed since the adoption and transposition of Directive 94/45/EC and over a decade has passed since the Recast EWC Directive 2009/38/EWC was adopted. There is no longer any justification to exempt agreements signed prior to the first Directive94/45/EC, nor to retain that otherwise obsolete Directive for agreements signed or amended during the transposition period of Recast EWC Directive 2009/38/EWC. Therefore, agreements exempted under Article 14 should come into the scope of a revised Recast Directive 2009/38/EWC within 3 years after the transposition of the directive and Article 14 should be deleted at the same time;
Amendment 144 #
Motion for a resolution Annex I – paragraph 1 – point 1 – point a Amendment 145 #
Motion for a resolution Annex I – paragraph 1 – point 1 – point a Amendment 146 #
Motion for a resolution Annex I – paragraph 1 – point 1 – point a “4. Matters shall be considered to be transnational where they concern
Amendment 147 #
Motion for a resolution Annex I – paragraph 1 – point 1 – point a “4. Matters shall be considered to be transnational where they
Amendment 148 #
Motion for a resolution Annex I – paragraph 1 – point 1 – point b “7a. In order to determine the transnational character of a matter, the scope of its possible effects must be taken into account. This includes matters which, irrespective of the number of Member States involved, are of concern to European workers in terms of the scope of their potential impact, as well as matters which involve the transfer of activities between Member States. Included in this definition are the decisions taken by the Community-scale undertaking or Community-scale group of undertakings in a Member State other than the one in which effects are produced and matters, which, although affecting the employees of only one country, may potentially concern workers of other Member States.”;
Amendment 149 #
Motion for a resolution Annex I – paragraph 1 – point 1 – point b “7a. In order to determine the transnational character of a matter,
Amendment 15 #
Motion for a resolution Recital B a (new) Ba. whereas workers representatives have played a key role in mitigating the impact of the COVID-19 pandemic in the workplace;
Amendment 150 #
Motion for a resolution Annex I – paragraph 1 – point 1 – point b “7a. In order to determine the transnational character of a matter, the scope of its possible effects must be taken into account. This includes matters which
Amendment 151 #
Motion for a resolution Annex I – paragraph 1 – point 1 – point b “7a. In order to determine the transnational character of a matter, the scope of its possible effects must be taken into account. This includes matters which
Amendment 152 #
Motion for a resolution Annex I – paragraph 1 – point 1 – point b “7a. In order to determine the transnational character of a matter, the scope of its possible effects
Amendment 153 #
Motion for a resolution Annex I – paragraph 1 – point 1 – point b “
Amendment 154 #
Motion for a resolution Annex I – paragraph 1 – point -2 (new) (-2) in Article 2, point (d) is replaced by the following: “(d) ‘employees’ representatives’ means trade union or the employees’ representatives provided for by national law and/or practice;”;
Amendment 155 #
Motion for a resolution Annex I – paragraph 1 – point -2 a (new) (-2a) in Article 2, point (d) is replaced by the following: “(d) ‘employees’ representatives’ means trade unions or the employees’ representatives provided for by national law and/or practice;”
Amendment 156 #
Motion for a resolution Annex I – paragraph 1 – point 2 – point g “(g) ‘consultation’ means the establishment of dialogue and exchange of views between employees’ representatives and central management or any more appropriate level of management, at such time, in such fashion and with such content as enables employees’ representatives to express a
Amendment 157 #
Motion for a resolution Annex I – paragraph 1 – point 2 – point g “(g) ‘consultation’ means the establishment of dialogue and exchange of views between employees’ representatives and central management or any more appropriate level of management, at such time, in such fashion and with such content as enables employees’ representatives to
Amendment 158 #
Motion for a resolution Annex I – paragraph 1 – point 2 – point g “(g) ‘consultation’ means the establishment of dialogue and exchange of views between employees’ representatives and central management or any more appropriate level of management, at such time, in such fashion and with such content as enables employees’ representatives to express a prior opinion on the basis of the information provided about the proposed measures to which the consultation is related, without prejudice to the responsibilities of the management, and within a reasonable time, which
Amendment 159 #
Motion for a resolution Annex I – paragraph 1 – point 2 – point g “(g) ‘consultation’ means the establishment of dialogue and exchange of views between employees’ representatives and central management or any more appropriate level of management, at such time, in such fashion and with such content as enables employees’ representatives to express a prior opinion on the basis of the information provided about the proposed measures to which the consultation is related, without prejudice to the responsibilities of the management, and within a reasonable time, which is to be
Amendment 16 #
Motion for a resolution Recital B b (new) Bb. whereas, according to latest figures from an ETUI survey, the vast majority of EWC members are men and women constitute only 15,4% of EWC representatives; whereas, when compared the gender of EWC members and their function, women are less likely to be found in more senior positions;
Amendment 160 #
Motion for a resolution Annex I – paragraph 1 – point 2 – point g “(g) ‘consultation’ means the establishment of dialogue and exchange of views between employees’ representatives and central management or any more appropriate level of management, at such time, in such fashion and with such content as enables employees’ representatives to express a
Amendment 161 #
Motion for a resolution Annex I – paragraph 1 – point 2 a (new) (2a) in Article 5, paragraph 1 is replaced by the following: "1. In order to achieve the objective set out in Article 1(1), the central management shall initiate negotiations for the establishment of a European Works Council or an information and consultation procedure on its own initiative or at either the joint or the separate written request of at least 100 employees or their representatives representing together at least two undertakings or establishments in at least two different Member States".
Amendment 162 #
Motion for a resolution Annex I – paragraph 1 – point 2 a (new) 2a. NEW Article 3(1) 1. For the purposes of this Directive, ‘controlling undertaking’ means an undertaking which can exercise a dominant influence over another undertaking (the controlled undertaking) by virtue, for example, of ownership, financial participation or participation in the decision-making process, or the rules which govern it. Joint venture systems and franchising and/or licensing agreements shall be presumed to be covered by this Directive.
Amendment 163 #
Motion for a resolution Annex I – paragraph 1 – point 2 a (new) (2a) in Article 3, paragraph 1 is replaced by the following: "1. For the purposes of this Directive, ‘controlling undertaking’ means an undertaking which can exercise a dominant influence over another undertaking (the controlled undertaking) by virtue, for example, of ownership, influence, financial participation, decision control or the rules which govern it."
Amendment 164 #
Motion for a resolution Annex I – paragraph 1 – point 2 a (new) (2a) In article 3, paragraph 1 is replaced by the following: "For the purposes of this Directive, ‘controlling undertaking’ means an undertaking which can exercise a dominant influence over another undertaking (the controlled undertaking) by virtue, for example, of ownership, influence, financial participation, decision control or the rules which govern it. A “controlling undertaking” may operate in the internal market selling goods or providing services directly through its own operations, or indirectly through subsidiaries, branches or agreements, including franchise and license agreements, contract management or joint ventures."
Amendment 165 #
Motion for a resolution Annex I – paragraph 1 – point 2 b (new) (2b) in Article 3(1), the following subparagraph is inserted: "Notwithstanding the first subparagraph, an undertaking shall be considered a "controlling undertaking” when it is established in the territory of the Union or operate in the internal market selling goods or providing services directly or indirectly through subsidiaries, or branches or agreements, including franchise and license agreements, contract management or joint ventures."
Amendment 166 #
Motion for a resolution Annex I – paragraph 1 – point 2 b (new) (2b) in Article 5, paragraph 1 is amended as follows: "In order to achieve the objective set out in Article 1(1), the central management shall initiate negotiations for the establishment of a European Works Council or an information and consultation procedure on its own initiative or at the either joint or separate written request of at least 100 employees or their representatives representing together at least two undertakings or establishments in at least two different Member States."
Amendment 167 #
Motion for a resolution Annex I – paragraph 1 – point 2 b (new) 2b. NEW Article 5(2) 2. For this purpose, a special negotiating body shall be established within a maximum of six months in accordance with the following guidelines:
Amendment 168 #
Motion for a resolution Annex I – paragraph 1 – point 2 b (new) (2b) in Article 5(6), the second subparagraph is replaced by the following: "In compliance with this principle, Member States may lay down budgetary rules regarding the operation of the special negotiating body. They may in particular limit the funding to cover one expert only in addition to the expert representing a competent recognised Community-level trade union organisation."
Amendment 169 #
Motion for a resolution Annex I – paragraph 1 – point 2 d (new) (2d) in Article 5, point (a) of paragraph 2 is amended as follows: "(a) The Member States shall determine the method to be used for the election or appointment of the members of the special negotiating body who are to be elected or appointed in their territories, including a set of procedural requirements to attain a gender-balanced representation."
Amendment 17 #
Motion for a resolution Recital B c (new) Bc. whereas the European Pillar of Social Rights, jointly proclaimed by the European Parliament, the Council, and the Commission in 2017, incorporates among its principles equality of treatment and opportunities between women and men, including regarding participation in the labour market, terms and conditions of employment and career progression;
Amendment 170 #
Motion for a resolution Annex I – paragraph 1 – point 2 e (new) (2e) in Article 5(4), the third subparagraph is amended as follows: "For the purpose of the negotiations, the special negotiating body may request assistance from representatives of competent recognised Community-level trade union organisations and if needed further experts of its choice. Such experts and such trade union representatives may be present at negotiation meetings in an advisory capacity at the request of the special negotiating body."
Amendment 171 #
Motion for a resolution Annex I – paragraph 1 – point 2 f (new) (2f) in Article 5(6), the second subparagraph is amended as follows: "In compliance with this principle, Member States may lay down budgetary rules regarding the operation of the special negotiating body. They may in particular limit the funding to cover one expert only in addition to the expert representing a competent recognised Community-level trade union organisation."
Amendment 172 #
Motion for a resolution Annex I – paragraph 1 – point 2 c (new) (2c) The following article is inserted after Article 5: Article 5a Objectives with regard to gender balance on European Works Councils and select committee 1. The central management and the Special Negotiating Body when setting up a new EWC, or the central management and the EWC when renegotiating the EWC agreement, shall negotiate in a spirit of cooperation the necessary arrangements in order to ensure that EWC are subject to the following objectives to be reached: (a) members of the underrepresented sex hold at least 40% of EWC representative; (b) members of the underrepresented sex hold at least 40% of select committee positions. The number of EWC representatives and select committee positions deemed necessary to attain the objective laid down in points a) and b) of paragraph 1 shall be a number closest to the proportion of 40%, but not exceeding 49%.
Amendment 173 #
Motion for a resolution Annex I – paragraph 1 – point 2 g (new) (2g) in Article 6(2), point (b) is amended as follows: "(b) the composition of the European Works Council, the number of members, the allocation of seats, taking into account where possible the need for balanced representation of employees with regard to their activities and category, and the term of office; also when allocating the seats, a set of procedural requirements shall be established to attain a gender- balanced representation;"
Amendment 174 #
Motion for a resolution Annex I – paragraph 1 – point -3 (new) (-3) in Article 7(1), the second indent is replaced by the following: "— where the first meeting of the Special negotiating body is not convened within six months of the request referred to in Article 5(1),"
Amendment 175 #
Motion for a resolution Annex I – paragraph 1 – point -3 a (new) (-3a) in Article 7(1), the second indent is replaced by the following: "— where the first meeting of the Special negotiating body doesn’t take place within six months of the request referred to in Article 5(1),
Amendment 176 #
Motion for a resolution Annex I – paragraph 1 – point 3 Amendment 177 #
Motion for a resolution Annex I – paragraph 1 – point 3 Amendment 178 #
Motion for a resolution Annex I – paragraph 1 – point 3 – paragraph 1 “— where the special negotiating body has not been regularly convened at least once every quarter; — where, after
Amendment 179 #
Motion for a resolution Annex I – paragraph 1 – point 3 – paragraph 1 “— where
Amendment 18 #
Motion for a resolution Recital C C. whereas despite having the right to express an opinion, EWC members seem to have little influence in the decision-making process in their companies, in particular in cases of restructuring, even though EWCs are perceived by employers as useful tools, bringing benefits to all parties in many ways; whereas these benefits include improving the common understanding of issues among members, explaining decisions, initiating strategic discussions, making valuable proposals for action, depending on the topics discussed, playing a role in negotiating transnational collective agreements in some multinational undertakings, ensuring transnational social dialogue at company level, cascading information throughout the business, creating leverage between EU and local levels, and introducing strategic initiatives leading to qualitative improvements in the strategic solutions found in the company11;
Amendment 180 #
Motion for a resolution Annex I – paragraph 1 – point 3 – paragraph 1 where, after
Amendment 181 #
Motion for a resolution Annex I – paragraph 1 – point 3 – paragraph 1 “— where, after
Amendment 182 #
Motion for a resolution Annex I – paragraph 1 – point 3 a (new) (3a) in Article 7(1), the following indent is added: "- where the Special negotiating body is not convened on a regular basis, and at least every quarter"
Amendment 183 #
Motion for a resolution Annex I – paragraph 1 – point 3 a (new) (3a) in Article 7(2) the following subparagraph is added: "Central Management shall be responsible for implementing the application of the subsidiary requirements.";
Amendment 184 #
Motion for a resolution Annex I – paragraph 1 – point 4 – paragraph 1 “1. Member States shall ensure that members of special negotiating bodies or of European Works Councils and any experts who assist them are obliged not to reveal any
Amendment 185 #
Motion for a resolution Annex I – paragraph 1 – point 4 – paragraph 1 “1. Member States shall ensure that, within the conditions and limits laid down by national legislation, members of special negotiating bodies or of European Works Councils and any experts who assist them are
Amendment 186 #
Motion for a resolution Annex I – paragraph 1 – point 4 – paragraph 1 “1. Member States shall ensure that members of special negotiating bodies or of European Works Councils and any experts who assist them are obliged not to reveal any trade secrets, as defined in Articles 1(1) and 2 of Directive (EU) 2016/943 of the European Parliament and of the Council1a which have expressly been provided to them in confidence.
Amendment 187 #
Motion for a resolution Annex I – paragraph 1 – point 4 – paragraph 3 – subparagraph 1 Amendment 188 #
Motion for a resolution Annex I – paragraph 1 – point 4 – paragraph 3 – subparagraph 1 Amendment 189 #
Motion for a resolution Annex I – paragraph 1 – point 4 – paragraph 3 – subparagraph 1 This paragraph shall not apply to
Amendment 19 #
Motion for a resolution Recital C C. whereas d
Amendment 190 #
Motion for a resolution Annex I – paragraph 1 – point 4 – paragraph 3 – subparagraph 1 This paragraph shall not apply
Amendment 191 #
Motion for a resolution Annex I – paragraph 1 – point 4 – paragraph 3 – subparagraph 1 This paragraph shall not apply to
Amendment 192 #
Motion for a resolution Annex I – paragraph 1 – point 4 – paragraph 3 – subparagraph 1 This paragraph shall not apply to members
Amendment 193 #
Motion for a resolution Annex I – paragraph 1 – point 4 – paragraph 3 – subparagraph 1 This paragraph shall not apply to members of the European Works Council who pass on information to national or local trade union representatives or work councils that may affect the situation of workers where such information has been provided to them in confidence and is subject to national rules on confidentiality.
Amendment 194 #
Motion for a resolution Annex I – paragraph 1 – point 4 – paragraph 4 2. Each Member State shall define, in specific and substantiated cases and under the conditions and limits laid down by national legislation, that the central management situated in its territory is not obliged to transmit information when its nature is such that, according to objective
Amendment 195 #
Motion for a resolution Annex I – paragraph 1 – point 4 – paragraph 4 2. Each Member State shall define, in specific and substantiated cases and under the conditions and limits laid down by national legislation, that the central management situated in its territory is not obliged to transmit information when its nature is such that, according to objective criteria, it would seriously harm the functioning of the undertakings concerned
Amendment 196 #
Motion for a resolution Annex I – paragraph 1 – point 4 – paragraph 5 A Member State shall make such dispensation subject to prior administrative or judicial authorisation. It shall also ensure that the European Works Council or the special negotiating body has the legal capacity to request the review of the classification initially accepted by an urgent administrative or judicial decision.
Amendment 197 #
Motion for a resolution Annex I – paragraph 1 – point 4 – paragraph 5 A Member State shall make such dispensation subject to prior administrative or judicial authorisation. The prior authorisation process may be replaced by a process of consulting the social partners, including employers and trade unions.
Amendment 198 #
Motion for a resolution Annex I – paragraph 1 – point 5 (5) in Article 9, the following paragraph is added: The central management shall in all circumstances initiate the information and consultation procedure so that the European Works Council can consult local and national employees’ representatives and express its opinion within the time limits of the procedure.
Amendment 199 #
Motion for a resolution Annex I – paragraph 1 – point 5 – introductory part (5) in Article 9, the following paragraph
Amendment 2 #
Motion for a resolution Citation 11 a (new) — having regard to its resolution of 21 January 2021 on the new EU Strategy for Gender Equality1a, _______________________ 1a Texts adopted, P9_TA(2021)0025
Amendment 20 #
Motion for a resolution Recital D D. whereas penalties for failure to
Amendment 200 #
Motion for a resolution Annex I – paragraph 1 – point 5 – introductory part (5) in Article 9, the following paragraph
Amendment 201 #
Motion for a resolution Annex I – paragraph 1 – point 5 – paragraph 1 "The central management shall initiate the information and consultation procedure within a timeframe and in such a manner that allows the European Works Council for meaningful consultation of all employees representatives concerned at local and national level with the aim to deliver its opinion before the consultation procedure is finished at the respective level." “If there is a dispute between the central management and the European Works Council or the employees' representatives as to whether an information and consultation procedure is to be carried out, the central management shall provide duly substantiated grounds in writing for the reasons why the information and consultation requirements under this Directive or under agreements concluded pursuant thereto do not apply, in
Amendment 202 #
Motion for a resolution Annex I – paragraph 1 – point 5 – paragraph 1 “If there is a dispute between the central management and the European Works Council or the employees’ representatives as to whether an information and consultation procedure is to be carried out, the central management shall provide reasons why the information and consultation requirements under this Directive or under agreements concluded pursuant thereto do not apply, in particular because of the absence of transnational issues. Those reasons shall include a specific section on the potential consequences for the undertaking’s employees and for consumers of not carrying out the information and consultation procedure.”;
Amendment 203 #
Motion for a resolution Annex I – paragraph 1 – point 5 – paragraph 1 “
Amendment 204 #
Motion for a resolution Annex I – paragraph 1 – point 5 – paragraph 1 a (new) "The European Works Council or the select committee may be assisted by experts of its choice, in so far as this is necessary for it to carry out its tasks. Such experts shall include representatives of competent recognised Community-level trade union organisations. At the request of the European Works Council, such experts and such trade union representatives shall be present at meetings of the European Works Council and meetings with the central management in an advisory capacity. In compliance with these principles, the Member States may lay down budgetary rules regarding the operation of the European Works Council. They may in particular limit the funding to one expert coming in addition to the representative of a competent recognised Community-level trade union organisation."
Amendment 205 #
Motion for a resolution Annex I – paragraph 1 – point 5 b (new) 5b. NEW Article 9 The European Works Council may be assisted by experts of its choice, including representatives of competent trade union organisations recognised at EU level. At the request of the European Works Council, such experts and such trade union representatives shall attend meetings of the European Works Council and meetings with the central management in an advisory capacity.
Amendment 206 #
Motion for a resolution Annex I – paragraph 1 – point 5 a (new) (5a) in Article 10, paragraph 1 is amended as follows: "1. Without prejudice to the competence of other bodies or organisations in this respect, the members of the Special Negotiating Body and the members of the European Works Council shall have the means required to apply the rights arising from this Directive, to represent collectively the interests of the employees of the Community-scale undertaking or Community-scale group of undertakings, and the legal capacity to lodge complaint and seek redress before competent legal authorities and courts".
Amendment 207 #
Motion for a resolution Annex I – paragraph 1 – point 5 a (new) 5a. NEW Article 10(1) 1. Without prejudice to the competence of other bodies or organisations in this respect, the members of the special negotiating body or the European Works Council shall have the means required to apply the rights arising from this Directive to represent collectively the interests of the employees of the Community-scale undertaking or Community-scale group of undertakings, and the legal capacity to seek redress before the competent judicial authorities.
Amendment 208 #
Motion for a resolution Annex I – paragraph 1 – point 5 a (new) (5a) In article 10, paragraph 2 is replaced by the following: "2. Without prejudice to Article 8, the members of the European Works Council shall have the right and necessary resources to inform the representatives of the employees of the establishments or of the undertakings of a Community-scale group of undertakings or, in the absence of representatives, the workforce as a whole, whenever it deems it necessary to perform its tasks deriving from this Directive, in particular before and after its meetings."
Amendment 209 #
Motion for a resolution Annex I – paragraph 1 – point 5 b (new) (5b) in Article 10, paragraph 2 is amended as follows: "2. Without prejudice to Article 8, the members of the European Works Council shall have the right and necessary resources to inform the representatives of the employees of the establishments or of the undertakings of a Community-scale group of undertakings or, in the absence of representatives, the workforce as a whole, of the content and outcome of the information and consultation procedure carried out and whenever it deems it necessary to perform its tasks deriving from this Directive, in particular before and after its meetings".
Amendment 21 #
Motion for a resolution Recital E E. whereas
Amendment 210 #
Motion for a resolution Annex I – paragraph 1 – point 5 c (new) Amendment 211 #
Motion for a resolution Annex I – paragraph 1 – point 5 b (new) (5b) In Article 10, the following paragraph is added: "5) Members of Special Negotiating Bodies, members of European Works Councils and employees’ representatives exercising their functions under the procedure referred to in Article 6(3) shall, in the exercise of their functions, enjoy protection and guarantees against the following practices: all acts which undermine or obstruct the exercise of their rights and obligations under this Directive, or which discriminate against them or which imply any unfair treatment, retaliation or union busting. Member States shall implement measures, including sanctions, ensuring these protection and guarantees.
Amendment 212 #
Motion for a resolution Annex I – paragraph 1 – point 5 c (new) (5c) in Article 10, the following paragraph is added: "5. The right to training for workers’ representatives shall be granted, by providing them the necessary paid time- off. The costs of this training should be borne by the local and central management. Workers’ representatives shall also be left free to choose their training path, in close cooperation with experts whom they have appointed, provided that they communicate the summary of training activities to the local and central management."
Amendment 213 #
Motion for a resolution Annex I – paragraph 1 – point 6 – point a – paragraph 1 “2. Member States shall
Amendment 214 #
Motion for a resolution Annex I – paragraph 1 – point 6 – point a – paragraph 2 Amendment 215 #
Motion for a resolution Annex I – paragraph 1 – point 6 – point a – paragraph 2 Amendment 216 #
Motion for a resolution Annex I – paragraph 1 – point 6 – point a – paragraph 2 Amendment 217 #
Motion for a resolution Annex I – paragraph 1 – point 6 – point a – paragraph 2 Amendment 218 #
Motion for a resolution Annex I – paragraph 1 – point 6 – point a – paragraph 2 Member States shall establish procedures t
Amendment 219 #
Motion for a resolution Annex I – paragraph 1 – point 6 – point a – paragraph 2 Member States
Amendment 22 #
Motion for a resolution Recital E E. whereas EWCs do not have direct access to justice in many Member States13 but only in four Member States, allowing EWC representatives to initiate judicial proceedings on behalf of EWCs; __________________ 13 Commission Staff Working Document of
Amendment 220 #
Motion for a resolution Annex I – paragraph 1 – point 6 – point a – paragraph 2 Member States shall establish procedures to enable the temporary suspension of decisions of the central management where such decisions are challenged on the basis that there has been an infringement of the information and consultation requirements under this Directive or under agreements concluded pursuant thereto. The rule on suspension shall be without prejudice to a decision or part of decision made after consultation or collective bargaining with trade unions in accordance with national law”;
Amendment 221 #
Motion for a resolution Annex I – paragraph 1 – point 6 – point a – paragraph 2 Member States shall establish
Amendment 222 #
Motion for a resolution Annex I – paragraph 1 – point 6 – point a – paragraph 2 Member States shall establish procedures to
Amendment 223 #
Motion for a resolution Annex I – paragraph 1 – point 6 – point a – paragraph 2 Member States
Amendment 224 #
Motion for a resolution Annex I – paragraph 1 – point 6 – point a a (new) (aa) the following subparagraph is added to paragraph 2: Within the meaning of paragraph 2, breaches include, but are not limited to: a) Not convening a constitutive meeting of the European Works Council established in application of the subsidiary requirements within 6 months after the subsidiary requirements have become applicable; b) the absence as well as the incomplete or late provision of information and/or consultation of the employees' representatives prior to a decision being taken or the public announcement of that decision; c) the withholding of important information or provision of false information rendering ineffective the exercise of the right to information and consultation. Member States shall apply retrospective sanctions in the event that a Community-scale undertaking and a Community-scale group of undertakings is found in breach of the obligations arising from this directive, but has already implemented decisions of a transnational nature.
Amendment 225 #
Motion for a resolution Annex I – paragraph 1 – point 6 – point - b (new) (-b) paragraph 3 is amended as follows: "3. Where Member States apply Article 8, they shall make provision for administrative or judicial appeal procedures which the European Works Council and/or employees’ representatives may initiate when the central management requires confidentiality or does not give information in accordance with that Article. The procedure must ensure a timely decision so that the European Works Council can effectively exercise its information and consultation rights."
Amendment 226 #
Motion for a resolution Annex I – paragraph 1 – point 6 – point b Amendment 227 #
Motion for a resolution Annex I – paragraph 1 – point 6 – point b Amendment 228 #
Motion for a resolution Annex I – paragraph 1 – point 6 – point b – introductory part (b)
Amendment 229 #
Motion for a resolution Annex I – paragraph 1 – point 6 – point b – paragraph 1 “The central management shall bear the direct costs incurred in carrying out the procedures, including the costs of legal representation and the subsistence and travel expenses for at least one workers' representative, except where the workers’ representatives have been unsuccessful in those procedures.”;
Amendment 23 #
Motion for a resolution Recital F Amendment 230 #
Motion for a resolution Annex I – paragraph 1 – point 6 – point b – paragraph 1 “The central management shall bear the direct costs incurred in carrying out the procedures, including the costs of legal representation and the subsistence and travel expenses for at least one workers' representative, as laid down by the procedural legislation of the Member State in whose territory the central management is situated.”;
Amendment 231 #
Motion for a resolution Annex I – paragraph 1 – point 6 – point b – paragraph 1 “
Amendment 232 #
Motion for a resolution Annex I – paragraph 1 – point 6 – point b – paragraph 1 “
Amendment 233 #
Motion for a resolution Annex I – paragraph 1 – point 6 – point b – paragraph 1 “The central management shall bear in full the direct costs incurred in carrying out the procedures, including the costs of legal representation and the subsidiary costs such as subsistence and travel expenses for
Amendment 234 #
Motion for a resolution Annex I – paragraph 1 – point 6 a (new) (6a) the following Article is inserted: "Article 11a Access to justice Member States shall ensure that there are effective administrative or judicial mechanisms through which employees’ representatives who are members of a European Works Council or a Special Negotiation Body may lodge complaints against the central management. Member States shall ensure that Trade Unions with representation in the Community scale Undertaking or Community Scale Group of undertakings may engage either on behalf of or in support of the employee representatives within the European Works Councils and/or the Special negotiating bodies in any proceedings provided for with the objective of implementing this Directive. The administrative or judicial mechanisms shall meet the following requirements: a) Secure timely access of European Works Councils and Special Negotiation Bodies as legal persons; b) Provide the possibility of suspending decisions of the central management by interim order; c) Provide the possibility of suspending decisions of the central management by interim order as foreseen in Article 11 (2A); d) Special Negotiating Body or European Works Council have the possibility to petition the competent administrative or judicial authority to rule in a timely manner that the central management must comply with the requirements stipulated in or pursuant to this Directive."
Amendment 235 #
Motion for a resolution Annex I – paragraph 1 – point 6 a (new) (6a) After article 11, the following Article is added: Article 11a "Within the meaning of paragraph 2, breaches include, but are not limited to: a) Not convening a constitutive meeting of the European works council established in application of the subsidiary requirements within 6 months after the subsidiary requirements have become applicable; b) the absence or the incomplete or late provision of information and/or consultation of the employees' representatives prior to a decision being taken or the public announcement of that decision; c) the withholding of important information or provision of false information rendering ineffective the exercise of the right to information and consultation."
Amendment 236 #
Motion for a resolution Annex I – paragraph 1 – point 6 a (new) 6a. NEW Article 11(1)(a) Member States shall ensure that trade unions represented in the Community- scale undertaking and in undertakings which form part of a Community-scale group of undertakings can engage, either on behalf of or in support of employees’ representatives, with European Works Councils and/or special negotiating bodies in any procedures established for the purpose of implementing this Directive.
Amendment 238 #
Motion for a resolution Annex I – paragraph 1 – point 7 – paragraph 2 – introductory part Amendment 239 #
Motion for a resolution Annex I – paragraph 1 – point 7 – paragraph 2 – point 1 1. Member States shall lay down rules on penalties applicable to infringements of the information and consultation requirements under this Directive or under agreements concluded pursuant thereto. The penalties shall be effective, proportionate and dissuasive and take into account the nature, gravity and duration of the undertaking’s infringement.
Amendment 24 #
Motion for a resolution Recital F Amendment 240 #
Motion for a resolution Annex I – paragraph 1 – point 7 – paragraph 2 – point 1 1. Member States shall lay down rules on
Amendment 241 #
Motion for a resolution Annex I – paragraph 1 – point 7 – paragraph 2 – point 1 a (new) 1a. Member States shall ensure that undertakings receiving public money abide by the provisions of this Directive in the performance of their public contracts in line with the social clause of the public procurement Directive 2014/24/EU.
Amendment 242 #
Motion for a resolution Annex I – paragraph 1 – point 7 – paragraph 2 – point 2 Amendment 243 #
Motion for a resolution Annex I – paragraph 1 – point 7 – paragraph 2 – point 2 – point a (a) financial
Amendment 244 #
Motion for a resolution Annex I – paragraph 1 – point 7 – paragraph 2 – point 2 – point a (a) financial penalties that are proportionate to the nature, gravity and duration of the undertaking’s infringement, and to the size of the undertaking and its business;
Amendment 245 #
Motion for a resolution Annex I – paragraph 1 – point 7 – paragraph 2 – point 2 – point b Amendment 246 #
Motion for a resolution Annex I – paragraph 1 – point 7 – paragraph 2 – point 2 – point b (b) orders excluding the undertaking
Amendment 247 #
Motion for a resolution Annex I – paragraph 1 – point 7 – paragraph 2 – point 2 – point b (b) orders excluding the undertaking from an entitlement to some or all public benefits, aids or subsidies, including EU funds managed by the relevant Member States, for a period of up to
Amendment 248 #
Motion for a resolution Annex I – paragraph 1 – point 7 – paragraph 2 – point 2 – point b (b) orders excluding the undertaking from an entitlement to some or all public benefits, aids or subsidies, including EU funds managed by the relevant Member States, for a period of up to
Amendment 249 #
Motion for a resolution Annex I – paragraph 1 – point 7 – paragraph 2 – point 2 – point c Amendment 25 #
Motion for a resolution Recital F F. whereas EWCs have full legal personality in only four Member States, allowing EWC representatives to initiate judicial proceedings on behalf of EWCs, although the remaining Member States allow EWCs to be a party in judicial proceedings, either on their own behalf or through their members or a trade union, depending on the procedural system in the respective Member State14; __________________ 14 Commission Staff Working Document of
Amendment 250 #
Motion for a resolution Annex I – paragraph 1 – point 7 – paragraph 2 – point 2 – point c (c) orders excluding the undertaking from procurement within the meaning of Directive 2014/24/EU of the European Parliament and of the Council1a, for a period of up to three years, in the event of repeated infringements.
Amendment 251 #
Motion for a resolution Annex I – paragraph 1 – point 7 – paragraph 2 – point 2 – point c (c) orders excluding the undertaking from procurement within the meaning of Directive 2014/24/EU of the European Parliament and of the Council1a, for a period of up to
Amendment 252 #
Motion for a resolution Annex I – paragraph 1 – point 7 – paragraph 2 – point 2 – point c (c) orders excluding the undertaking from procurement within the meaning of Directive 2014/24/EU of the European Parliament and of the Council1a, for a period of up to
Amendment 253 #
Motion for a resolution Annex I – paragraph 1 – point 7 – paragraph 2 – point 3 Amendment 254 #
Motion for a resolution Annex I – paragraph 1 – point 7 – paragraph 2 – point 3 Amendment 255 #
Motion for a resolution Annex I – paragraph 1 – point 7 – paragraph 2 – point 3 3. The severe financial penalties referred to in paragraph 2, point (a), shall amount to a maximum of at least EUR 10 000 000 or 2 % of the undertaking’s total annual worldwide turnover in the
Amendment 256 #
Motion for a resolution Annex I – paragraph 1 – point 7 – paragraph 2 – point 3 3. The financial penalties referred to in paragraph 2, point (a), shall amount to a
Amendment 257 #
Motion for a resolution Annex I – paragraph 1 – point 7 – paragraph 2 – point 3 3. The financial
Amendment 258 #
Motion for a resolution Annex I – paragraph 1 – point 7 – paragraph 2 – point 3 3. The financial penalties referred to in paragraph 2, point (a), shall amount to a maximum of
Amendment 259 #
Motion for a resolution Annex I – paragraph 1 – point 7 – paragraph 2 – point 3 3. The financial penalties referred to in paragraph 2, point (a), shall amount to a maximum of at least EUR 10 000 000 or 2 % of the undertaking’s
Amendment 26 #
Motion for a resolution Recital F a (new) Fa. whereas the Commission has received only one formal complaint on the implementation of Directive 2009/38/EC; whereas litigation cases are limited at national level;
Amendment 260 #
Motion for a resolution Annex I – paragraph 1 – point 7 – paragraph 2 – point 4 Amendment 261 #
Motion for a resolution Annex I – paragraph 1 – point 7 – paragraph 2 – point 4 Amendment 262 #
Motion for a resolution Annex I – paragraph 1 – point 7 – paragraph 2 – point 4 4. In the case of
Amendment 263 #
Motion for a resolution Annex I – paragraph 1 – point 7 – paragraph 2 – point 4 4. In the case of intentional infringements, Member States shall provide for a maximum financial
Amendment 264 #
Motion for a resolution Annex I – paragraph 1 – point 7 – paragraph 2 – point 4 4. In the case of intentional infringements, Member States shall provide for a maximum financial penalty of
Amendment 265 #
Motion for a resolution Annex I – paragraph 1 – point 7 – paragraph 2 – point 4 4. In the case of intentional infringements, Member States shall provide for a maximum financial penalty of at least EUR 20 000 000 or 4 % of the undertaking’s
Amendment 266 #
Motion for a resolution Annex I – paragraph 1 – point 7 a (new) (7a) the following Article is inserted: "Article 11a Access to justice Member States shall ensure that there are effective administrative or judicial mechanisms through which employees’ representatives who are members of a European Works Council or a Special Negotiation Body may lodge complaints against the central management. Member States shall ensure that Trade Unions with representation in the Community scale Undertaking or Community Scale Group of undertakings may engage either on behalf of or in support of the employee representatives within the European Works Councils and/or the Special negotiating bodies in any proceedings provided for with the objective of implementing this Directive." The administrative or judicial mechanisms shall meet the following requirements: a) determination of the competent court to instruct EWC related legal cases; b) recognise both the EWCs and the Special Negotiating Bodies as legal persons and secure their timely access to administrative and judicial mechanisms; c) Provide the possibility of suspending decisions of the central management by interim injunction as foreseen in Article 11.(2); d) Special Negotiating Body or European Works Council have the possibility to petition the competent administrative or judicial authority to rule in a timely manner that the central management must comply with the requirements stipulated in or pursuant to this Directive;"
Amendment 267 #
Motion for a resolution Annex I – paragraph 1 – point 7 a (new) Amendment 268 #
Motion for a resolution Annex I – paragraph 1 – point 8 Amendment 269 #
Motion for a resolution Annex I – paragraph 1 – point 8 Amendment 27 #
Motion for a resolution Recital G G. whereas there is evidence that early consultation can have a substantial impact on job security during restructuring processes and that this can have a positive impact on job quality, although this impact must be compared, for sustainability and proportionality purposes, with the cost per employee concerned, which can amount to EUR 11 000 per employee15; __________________ 15 Parliament’s European added value
Amendment 270 #
Motion for a resolution Annex I – paragraph 1 – point 8 – point -a (new) (-a) Article 14 is deleted.
Amendment 271 #
Motion for a resolution Annex I – paragraph 1 – point 8 – point a Amendment 272 #
Motion for a resolution Annex I – paragraph 1 – point 8 – point a Amendment 273 #
Motion for a resolution Annex I – paragraph 1 – point 8 – point a – paragraph 1 Amendment 274 #
Motion for a resolution Annex I – paragraph 1 – point 8 – point a a (new) Amendment 275 #
Motion for a resolution Annex I – paragraph 1 – point 8 – point a b (new) (ab) the following subparagraph in Article 14(1) is added: "Member States shall ensure that appropriate administrative or judicial procedures are in place to verify that the obligations arising from this Directive are fully taken into account in accordance with paragraph 1 of this Article. In all other respects, Article 11(3) shall apply mutatis mutandis."
Amendment 276 #
Motion for a resolution Annex I – paragraph 1 – point 8 – point b Amendment 277 #
Motion for a resolution Annex I – paragraph 1 – point 8 – point b Amendment 278 #
Motion for a resolution Annex I – paragraph 1 – point 8 – point b – paragraph 1 Amendment 279 #
Motion for a resolution Annex I – paragraph 1 – point 8 – point b – paragraph 1 “Points (a) and (b) of the first subparagraph shall apply only in so far as the obligations arising from this Directive have already been
Amendment 28 #
Motion for a resolution Recital G G. whereas there is evidence that early consultation can have a substantial impact on job security during restructuring processes and
Amendment 280 #
Motion for a resolution Annex I – paragraph 1 – point 8 – point c Amendment 281 #
Motion for a resolution Annex I – paragraph 1 – point 8 – point c – paragraph 1 Amendment 282 #
Motion for a resolution Annex I – paragraph 1 – point 8 – point c a (new) (ca) The following subparagraph is added: "Upon expiry of the agreements referred to in paragraph 1 of this Article, the parties to those agreements may decide jointly to renew or revise them. Where this is not the case, the provisions of this Directive shall apply. All efforts shall be made in line with Article 6 (1) to reach an agreement."
Amendment 283 #
Motion for a resolution Annex I – paragraph 1 – point 8 a (new) (8a) Article 14 is replaced by the following: "1. Without prejudice to Article 13, the obligations arising from this Directive apply to all Community-scale undertakings or Community-scale groups of undertakings covered by this Directive. Member States shall ensure that appropriate administrative or judicial procedures are in place to verify that the obligations arising from this Directive are fully taken into account in accordance with paragraph 1 of this Article. 2. Upon the entry into force of this Directive, all EWC agreements, included those concluded pursuant to Article 13(1) of Directive 94/45/EC or Article 3(1) of Directive 97/74/EC, have to be adjusted upon request of the EWC in a maximum period of three years in order to comply with all the rights and obligations contained in this Directive. After this period, if no agreement has been reached, the subsidiary requirements shall apply."
Amendment 284 #
Motion for a resolution Annex I – paragraph 1 – point 8 a (new) (8a) In Article 14, the following paragraph is added: "3. On... [three years after the date of entry into force of this Directive], all rights and obligations laid down in this Directive shall apply without renegotiation of agreements concluded pursuant to Article 13(1) of Directive 94/45/EC or Article 3(1) of Directive 97/74/EC concluded pursuant to Article 6 of Directive 94/45/EC signed or revised between 5 June2009 and 5 June 2011.
Amendment 285 #
Motion for a resolution Annex I – paragraph 1 – point 8 b (new) (8b) the following Article is inserted: "Article 16a Monitoring committee 1. A Monitoring Committee shall be setup by the Commission. Its function shall be to facilitate the application of this Directive through regular consultation dealing in particular with practical problems arising from its implementation; 2. The Monitoring Committee shall be composed of representatives of the Member States, of Union-level social partners with an equal representation of trade union and employer organisations and of the Commission. The chair shall be a representative of the Commission, which shall also provide secretarial services. 3. The Monitoring Committee shall be convened by its chair either on his/her own initiative or at the request of one of its members."
Amendment 286 #
Motion for a resolution Annex I – paragraph 1 – point 8 b (new) (8b) the following Article is inserted: "15a Monitoring 1. A Monitoring Committee shall be set up by the Commission. Its function shall be to facilitate the application of this Directive through regular consultation dealing in particular with practical problems arising from its implementation; 2. The Monitoring Committee shall be composed of representatives of the Member States, of Union-level social partners with an equal representation of trade union and employer organisations and of the Commission. The chair shall be a representative of the Commission, which shall also provide secretarial services. 3. The Monitoring Committee shall be convened by its chair either on his/her own initiative or at the request of one of its members."
Amendment 287 #
Motion for a resolution Annex I – paragraph 1 – point 8 c (new) (8c) in Article 16, the following paragraph is inserted: "3. Member States shall notify the Commission of the measures taken referred in Articles 11 (2) and 11a no later than the date laid down in paragraph 1 and of any subsequent change thereto at the earliest opportunity."
Amendment 288 #
Motion for a resolution Annex I – paragraph 1 – point 9a (new) (9a) in Annex I, point 5 is amended as follows: "5. The European Works Council or the select committee may be assisted by experts of its choice in so far as this is necessary for it to carry out its tasks. Such experts shall include representatives of competent recognised Community-level trade union organisations. Such experts and such trade union representatives shall be present at meetings of the European Works Council and meetings with the central management in an advisory capacity."
Amendment 289 #
Motion for a resolution Annex I – paragraph 1 – point 9 Amendment 29 #
Motion for a resolution Recital G a (new) Ga. whereas gender and pay gaps continue to exist in decision-making bodies, preventing women’s full participation in and contribution to economic and social life, resulting in persistently high levels of under- employment of women, which have a severe impact on society and economic growth;
Amendment 290 #
Motion for a resolution Annex I – paragraph 1 – point 9 – paragraph 1 “The European Works Council shall have the right to meet with the central management twice a year, to be informed and consulted, on the basis of a report drawn up by the central management, on the progress of the business of the Community-scale undertaking or Community-scale group of undertakings and its prospects. The local managements shall be informed accordingly. The need to hold two or more annual meetings shall be justified by the European Works Council on the basis of the undertaking’s specific development.”
Amendment 291 #
Motion for a resolution Annex I – paragraph 1 – point 9 – paragraph 1 “The European Works Council shall have the right to meet with the central management
Amendment 292 #
Motion for a resolution Annex I – paragraph 1 – point 9 – paragraph 1 “The European Works Council shall have the right to meet with the central management at least twice a year, to be informed and consulted, on the basis of a report drawn up by the central management, on the progress of the business of the Community-scale undertaking or Community-scale group of undertakings and its prospects. The local managements shall be informed accordingly.”
Amendment 293 #
Motion for a resolution Annex I – paragraph 1 – point 9 – paragraph 1 “The European Works Council shall have the right to meet with the central management at least twice a year, to be informed
Amendment 294 #
Motion for a resolution Annex I – paragraph 1 – point 9 a (new) (9a) in Annex 1, point 3 is amended as follows: "3. Where there are exceptional circumstances or intended decisions which may affect the employees’ interests and urgency does not allow for information and/or consultation to take place at the next scheduled European Works Council meeting, particularly in the event of relocations, transfer of productions, the closure of establishments or undertakings or collective redundancies, the select committee or, where no such committee exists, the European Works Council shall have the right to be timely informed. It shall have the right to meet, at its request, the central management, or any other more appropriate level of management within the Community-scale undertaking or group of undertakings having its own powers of decision, so as to be informed and consulted. The members of the European Works Council designated in the countries directly or potentially concerned by the exceptional circumstances shall have the right to participate in the extraordinary meetings. Employee representatives of the establishments and/or undertakings which are directly or potentially concerned by the circumstances or decisions in question shall also have the right to participate where a meeting is organised with the select committee. In addition, where there are no members of the European Works Council who have been elected or appointed by the establishments and/or undertakings which are potentially directly concerned by the circumstances or decisions in question, employee representatives appointed or elected by those establishments and/or undertakings shall also have the right to participate where a meeting is organised with the select committee. This information and consultation meeting shall take place as soon as possible on the basis of a report drawn up by the central management or any other appropriate level of management of the Community-scale undertaking or group of undertakings, on which an opinion may be delivered at the end of the meeting or within a reasonable time. This meeting shall not affect the prerogatives of the central management. The information and consultation procedures provided for in the above circumstances shall be carried out without prejudice to Article 1(2) and Article 8."
Amendment 295 #
Motion for a resolution Annex I – paragraph 1 – point 9 a (new) (9a) In Annex I, point 3 is replaced by the following: "Where there are exceptional circumstances or intended decisions which may affect the employees’ interests and urgency does not allow for information and/or consultation to take place at the next scheduled European Works Council meeting, particularly in the event of relocations, transfer of productions, the closure of establishments or undertakings or collective redundancies, the select committee or, where no such committee exists, the European Works Council shall have the right to be timely informed. It shall have the right to meet, at its request, the central management, or any other more appropriate level of management within the Community-scale undertaking or group of undertakings having its own powers of decision, so as to be informed and consulted. In addition to the select committee, the members of the European Works Council designated in the countries directly or potentially concerned by the exceptional circumstances shall have the right to participate in the extraordinary meetings."
Amendment 296 #
Motion for a resolution Annex I – paragraph 1 – point 9 a (new) (9a) In Annex I, point 5 is replaced by the following: "The European Works Council or the select committee may be assisted by experts of its choice in so far as this is necessary for it to carry out its tasks. Such experts shall include representatives of competent recognised Community-level trade union organisations. Such experts and such trade union representatives shall be present at meetings of the European Works Council and meetings with the central management in an advisory capacity".
Amendment 297 #
Motion for a resolution Annex I – paragraph 1 – point 9 b (new) (9b) in Annex 1, point 5 is amended as follows: "The European Works Council or the select committee may be assisted by experts of its choice in so far as this is necessary for it to carry out its tasks. Such experts shall include representatives of competent recognised Community-level trade union organisations. Such experts and such trade union representatives shall be present at meetings of the European Works Council and meetings with the central management in an advisory capacity."
Amendment 298 #
Motion for a resolution Annex I – paragraph 1 – point 9 b (new) (9b) in Annex I, point 6 is replaced by the following: "In compliance with these principles, the Member States may lay down budgetary rules regarding the operation of the European Works Council. They may in particular limit the funding to cover one expert in addition to the representative of a competent recognised Community-level trade union organisation."
Amendment 299 #
Motion for a resolution Annex I – paragraph 1 – point 9 c (new) (9c) in Annex 1, point 6, the third subparagraph is amended as follows: "In compliance with these principles, the Member States may lay down budgetary rules regarding the operation of the European Works Council. They may in particular limit the funding to cover one expert in addition to the representative of a competent recognised Community-level trade union organisation."
Amendment 3 #
Motion for a resolution Citation 19 — having regard to Articles 12, 27, 28, 30, 31 and
Amendment 30 #
Motion for a resolution Recital G a (new) Ga. whereas the success and positive impact of EWCs require a relation of trust between the EWC and the management based on a constructive dialogue that is often influenced by the industrial relations culture in each Member State;
Amendment 31 #
Motion for a resolution Recital G b (new) Gb. whereas ambiguous and contradictory legislation at national and European level has allowed many companies to circumvent the rules, severely restricting the rights of thousands of workers;
Amendment 32 #
Motion for a resolution Recital G c (new) Gc. whereas the absence of an adequate and harmonised system of penalties at European level, covering the entire supply chain, including subcontracting, contributes to the failure to comply with existing rules by increasing relocation to those countries in which regulations are less effective, proportionate and dissuasive;
Amendment 33 #
Motion for a resolution Recital H H. whereas the concept of transnationality remains a
Amendment 34 #
Motion for a resolution Recital H H. whereas the concept of transnationality remains a difficult concept for
Amendment 35 #
Motion for a resolution Recital I I. whereas the extensive use of confidentiality clauses based on Article 8 of Directive 2009/38/EC constitutes, for representatives of workers covered by the European Trade Union Confederation (ETUC), an obstacle for effective information and consultation rights17; __________________ 17 Commission Staff Working Document of
Amendment 36 #
Motion for a resolution Recital I I. whereas the
Amendment 37 #
Motion for a resolution Recital I a (new) Ia. whereas the regulatory landscape of the Union in the field of employment law and company law remains excessively fragmented, which could results in a lack of legal certainty on applicable rules and rights for both employers and employees; whereas it is essential to reinforce the Union’s toolkit in these fields by introducing an ambitious Directive that streamlines and simplifies the applicable legislation and that reinforces workers' rights, notably the right to information, consultation and participation;
Amendment 38 #
Motion for a resolution Recital I b (new) Amendment 39 #
Motion for a resolution Recital I c (new) Ic. whereas EWCs play a crucial role in the Europeanisation of industrial relations, therefore representing an indispensable tool to rebalance social rights with economic freedoms and practices within the single market towards a sustainable, inclusive and resilient growth model;
Amendment 4 #
Motion for a resolution Recital -A (new) -A. whereas social dialogue is a key element of the European social model and whereas EWCs reflect the importance attached to workers’ representation, thus reinforcing social dialogue;
Amendment 40 #
Motion for a resolution Recital I d (new) Id. whereas Parliament in its resolution of 9 June 2022 on "The call for a Convention for the revision of the Treaties1a has submitted to Council under the ordinary revision procedure laid down in Article 48 TEU a number of proposals for the amendment of the Treaties which include the request to incorporate social progress in Article 9 TFEU linked to a Social Progress Protocol to be added in the framework of the Treaties; __________________ 1a Text adopted, P9_TA(2022)0244.
Amendment 41 #
Motion for a resolution Recital I e (new) Ie. whereas the disruptive impact on the economy and the labour market brought about by ongoing transformations such as technological development, digitalisation, the transition to a low-carbon economy, COVID-19 pandemic prevention measures and the economic and social recovery from the pandemic, as well as new forms of employment such as platform and remote work, should be accompanied by an extensive update and revision of the Union's legislative instruments and practices to address the existing challenges while also harnessing the potential of such transformations;
Amendment 42 #
Motion for a resolution Recital I f (new) If. whereas the use of digital tools such as videoconferencing systems should be used only as a means to reinforce the rights of the EWC Directive and its practical application, but should never substitute the procedural obligations for consultation and information, such as holding regular meetings in presence between the EWCs and the central management;
Amendment 43 #
Motion for a resolution Recital I g (new) Ig. whereas trade unions and workers’ representatives have played a key role in mitigating the impact of the COVID-19 pandemic in the workplace, from the introduction of measures to protect the health and safety of workers, notably essential workers in highly exposed workplaces, to the implementation of job retention schemes, such as short-time work, and new forms of work organisation, such as working from home;
Amendment 44 #
Motion for a resolution Recital I h (new) Ih. whereas a significant number of restructuring processes are currently underway as a result of the COVID-19 crisis; whereas the disruptive impact of the pandemic has temporarily accelerated the pace of company restructuring and enlarged the scope thereof, especially in certain sectors; whereas the consultation of workers and their participation and collective bargaining are essential to address the positive and negative impacts of restructuring;
Amendment 45 #
Motion for a resolution Recital I i (new) Ii. whereas, according to the Opinion of the European Economic and Social Committee of 17 October 2018 on the package on European company law1a, the role of EWCs should be enhanced in the event of large company transformations, in accordance with Directive 2009/38/EC; _____________________ 1a https://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:5201 8AE1917&rid=3
Amendment 46 #
Motion for a resolution Recital I j (new) Ij. whereas more structured and proactive methods of information and consultation of employees' representatives should be foreseen also in the preparation of new corporate strategies, economic policies and business plans, with due regard of confidentiality clauses, and not just for their implementation;
Amendment 47 #
Motion for a resolution Recital I k (new) Ik. whereas the Recovery Plan offers to both employers and workers an unprecedented opportunity for innovation to finance sustainable and digital investments and projects; whereas the timely and effective employees' involvement in the programming and in the carrying out of these projects is essential in order to adequately identify, anticipate and manage their potential transformative effects on the workplace and on the relations between social partners;
Amendment 48 #
Motion for a resolution Recital I l (new) Il. whereas, according to Article 151 TFEU, the Union and the Member States have as their objectives the promotion of employment, improved living and working conditions, so as to make possible their harmonisation while the improvement is being maintained; whereas, to this end the Union and the Member States shall implement measures which take account of the diverse forms of national practices, in particular in the field of contractual relations; whereas the Treaty states that such a development will ensue not only from the functioning of the internal market, but also from the approximation of provisions laid down by law, regulation or administrative action;
Amendment 49 #
Motion for a resolution Recital I m (new) Im. whereas recent research by Eurofound has demonstrated the impact of COVID on the functioning and establishment of EWC. In a number of cases the mobility restrictions imposed by public health measures have halted progress in discussion in the establishment around new EWCs. In the case of existing EWC, it has largely moved meetings online. Whilst in some context and the relatively greater ease of organising online meetings has contributed to a more active exchange, there is clear concern among worker representatives that the COVID experience should not lead to pressure for a greater move of meetings online in future;
Amendment 5 #
Motion for a resolution Recital -A a (new) -Aa. whereas EWCs play a significant role in ensuring the proper management of multinational companies;
Amendment 50 #
Motion for a resolution Subheading 1 Call on the Commission for a long- awaited revision of Directive 2009/38/EC
Amendment 51 #
Motion for a resolution Paragraph -1 a(new) -1a. Calls on the Commission to put forward a proposal for revision of Directive 2009/38/EC, with the aim of clarifying its objectives, definitions, procedures and provisions and of strengthening the involvement of workers in the companies' decisions, in particular by reinforcing the ability of employee representatives to enforce their rights to information and consultation, notably during restructuring processes;
Amendment 52 #
Motion for a resolution Paragraph 1 1. Notes that participation rights play a crucial role in
Amendment 53 #
Motion for a resolution Paragraph 1 1.
Amendment 54 #
Motion for a resolution Paragraph 1 1. Notes that participation rights play a crucial role in a functioning of the social market economy
Amendment 55 #
Motion for a resolution Paragraph 1 1. Notes that participation rights play a crucial role in a functioning of the social market economy; stresses that EWCs enhance democracy at the workplace; stresses the need to create awareness of EWCs among employees and management representatives;
Amendment 56 #
Motion for a resolution Paragraph 1 1. Notes that
Amendment 57 #
Motion for a resolution Paragraph 1 1. Notes that
Amendment 58 #
Motion for a resolution Paragraph 1 a (new) 1a. Reiterates the need to raise awareness of EWCs among employee and management representatives; recalls that EWCs are unique transnational bodies set up for the purpose of informing and consulting employees and building and promoting corporate identity and that EWC engagement can develop and promote corporate culture and cohesion; highlights the importance of employees representatives, and in particular EWCs, participating meaningfully, after having been effectively informed and consulted, in the drawing up and implementation of transnational matters which significantly affect workers’ interests;
Amendment 59 #
Motion for a resolution Paragraph 1 a (new) 1a. Considers that it is vital to increase the number of European Works Councils and ensure that they can effectively exercise their right of information and consultation, not just to help enforce the right to decent work in a safe environment, but also to ensure the transition to a climate-neutral digital economy;
Amendment 6 #
Motion for a resolution Recital A A. whereas, without citing the source of the data, the European Economic and Social Committee considers that the number of multinational companies with assets or plants in several countries in 2015 was around 45 times higher than during the 1990s9; __________________ 9 European Economic and Social
Amendment 60 #
Motion for a resolution Paragraph 1 a (new) 1a. Stresses that EWCs could help eliminate the gender pay gap and ensure greater participation by women in the labour market;
Amendment 61 #
Motion for a resolution Paragraph 1 b (new) 1b. Considers that gender equality is required at all levels to ensure that workplaces are participatory; deplores the fact that much remains to be done to ensure equal opportunities in all aspects of worker participation in the EU, and adequate representation of workers with disabilities; calls for further action to be taken within European Works Councils to ensure gender balance and equality, in terms of both the number of seats occupied by workers and the council as a whole; notes that male/female quotas help to achieve greater diversity, as well as gender equality and equity in all decision- making bodies;
Amendment 62 #
Motion for a resolution Paragraph 1 b (new) 1b. highly regrets that the financial, material and legal resources needed to enable EWCs to perform their duties in an appropriate manner are not always provided by the central management; is concerned of the difficulties of EWCs accessing to the financial support provided by the European Commission 1a and stresses the urgent need to facilitate the application procedure and reduce all administrative burdens to access this funding; __________________ 1a Commission budget line 04.03.01.06
Amendment 63 #
Motion for a resolution Paragraph 1 c (new) 1c. Reiterates its call on the Commission to propose a revision of Directive 2009/38/EC with a view to strengthening the right of employee representatives to information and consultation, according to the recommendations contained in its resolution of 16 December 2021;
Amendment 65 #
Motion for a resolution Paragraph 2 2. Acknowledges that Directive 2009/38/EC has led to improvements regarding the establishment and functioning of EWCs; regrets, however, that EWCs still face major difficulties to enforce their rights, especially on timely information and consultation; calls on the Commission to include joint ventures, franchise systems and contract management in the scope of the revision of Directive 2009/38/EC, as well as to put an end to exemptions for old, so-called ‘voluntary’ pre-directive agreements after more than 20 years, to prevent the abuse of confidentiality rules and to strengthen the subsidiary requirements, which provide a blueprint for negotiated agreements;
Amendment 66 #
Motion for a resolution Paragraph 2 2. Acknowledges that Directive 2009/38/EC has led to improvements regarding the establishment and functioning of EWCs; regrets, however, that EWCs still face major difficulties to enforce their rights, especially on
Amendment 67 #
Motion for a resolution Paragraph 2 2. Acknowledges that Directive 2009/38/EC has led to improvements regarding the establishment and functioning of EWCs;
Amendment 68 #
Motion for a resolution Paragraph 2 a (new) 2a. Stresses that employees’ right to information and consultation should always be ensured in a timely and effective manner, and should also address the potential quantitative and qualitative effects on jobs, working time and work organisation, including the changes deriving from the ongoing transformations of the world of work such as the development of digital innovation processes and products and their effects on employment, for example smart or remote working and digital surveillance;
Amendment 69 #
Motion for a resolution Paragraph 2 b (new) 2b. Highlights that achieving gender equality in the workplace requires a comprehensive approach, which also includes fostering gender balanced decision-making within companies as well as gender balanced workers representation at all levels in information and consultation processes and bodies, including in the EWCs; calls on the Commission to include provisions in the upcoming revision of Directive 2009/38/EC in order to ensure that at least 40% of the workers representatives in each EWC are women.
Amendment 7 #
Motion for a resolution Recital A A. whereas the number of multinational companies with assets or plants in several countries in 2015, both inside and outside the European Union, was around 45 times higher than during the 1990s9; __________________ 9 European Economic and Social
Amendment 70 #
Motion for a resolution Paragraph 3 3. Underlines that the definition and consequent interpretation of what matters are to be regarded as ‘transnational issues’ remains vague and results in a fragmented implementation by the Member States; stresses in this regard that the scope of possible effects is a missing element which needs to be considered while determining the transnational character of a matter; reiterates its call to clarify the concept of the “transnational character of a matter” in Directive 2009/38/EC;
Amendment 71 #
Motion for a resolution Paragraph 3 3. Underlines that the definition and consequent interpretation of what matters are to be regarded as ‘transnational issues’ remains vague and subject to interpretation, thus result
Amendment 72 #
Motion for a resolution Paragraph 3 3. Underlines that the definition and consequent interpretation of what matters are to be regarded as ‘transnational issues’ remains vague and results in a fragmented implementation by the Member States;
Amendment 73 #
Motion for a resolution Paragraph 3 3. Underlines that the definition and consequent interpretation of what matters are to be regarded as ‘transnational issues’ still remains
Amendment 74 #
Motion for a resolution Paragraph 4 4. Regrets that the timely manner of consultation remains an issue where the employees’ representatives opinion may be requested or delivered at a point in time where no meaningful consideration can be taken or when the management decision on the proposed measure has already been taken; regrets that the lack of management obligation to take an opinion into account often results in the input being disregarded or failing to have an actual impact on the proposed measure at hand; reiterates its call on the Commission and the Member States to promote the strengthening of information and consultation rights to ensure that the EWC’s opinion is considered in company decisions and is delivered before consultation is completed at the respective level and before the governing bodies come to a decision;
Amendment 75 #
Motion for a resolution Paragraph 4 4. Regrets that the timely manner of consultation remains an issue where the employees’ representatives opinion may be requested or delivered at a point in time where no meaningful consideration can be taken or when the management decision on
Amendment 76 #
Motion for a resolution Paragraph 4 4. Regrets that the timely manner of consultation remains an issue where the employees’ representatives opinion may be requested or delivered at a point in time where no meaningful consideration can be taken or when the management decision on the proposed measure has already been taken; regrets that the lack of management obligation to take an opinion into account often results in the input being disregarded or failing to have an actual impact on the proposed measure at hand; and stresses the need to implement meaningful consultation processes while ensuring that the undertaking or group of undertakings can take decisions effectively;
Amendment 77 #
Motion for a resolution Paragraph 4 4.
Amendment 78 #
Motion for a resolution Paragraph 4 4.
Amendment 79 #
Motion for a resolution Paragraph 4 a (new) 4a. Considers that trade union and workers’ representatives in the EWCs must have timely access to meaningful and up-to-date information about any envisaged decisions having potential impact on the company’s strategy and economic performance and on jobs and working conditions; stresses the importance of allowing enough time and resources to run an in-depth assessment of the information provided with the support of experts, especially to explore alternatives to measures which may have a significant negative impact on workers, such as redundancies or closures, as well as to ensure the genuine opportunity to discuss those alternatives with relevant management who should provide a response to any proposed alternatives;
Amendment 8 #
Motion for a resolution Recital A a (new) Aa. whereas democracy and democracy at work are core values of the European Union; whereas the freedom of assembly, workers’ right to information and consultation, and the right of collective bargaining and action are fundamental rights protected by the Charter of Fundamental Rights of the European Union;
Amendment 80 #
Motion for a resolution Paragraph 4 a (new) 4a. Highlights that it is important to ensure great communication between the EWCs and the company’s management, not least based on board level employee representation, to avoid potential missed opportunities for EWCs as regards information, participation and consultation and encourages Member States to set up the right conditions ensuring a good communication and cooperation between the EWCs members and the board level employee representatives;
Amendment 82 #
Motion for a resolution Paragraph 5 5. Notes that the three-year timing provision of situations governing the entry into force of subsidiary requirements in the event of a failure to conclude an agreement
Amendment 83 #
Motion for a resolution Paragraph 5 5.
Amendment 84 #
Motion for a resolution Paragraph 5 5. Notes that the three-year timing provision of situations governing the entry into force of subsidiary requirements in the event of a failure to conclude an agreement is excessive and to the disadvantage of workers; reiterates its call to strengthen the subsidiary requirements in Directive 2009/38/EC and underlines that the right of EWCs to have an annual meeting with the central
Amendment 85 #
Motion for a resolution Paragraph 5 5. Notes that
Amendment 86 #
Motion for a resolution Paragraph 5 5. Notes that the three-year timing provision of situations governing the entry into force of subsidiary requirements in the event of a failure to conclude an agreement
Amendment 87 #
Motion for a resolution Paragraph 5 a (new) 5a. Underlines that the right laid down in the subsidiary requirements of EWCs to have an annual meeting with the central management is insufficient and should be increased provide for at least biannual meetings in presence in order to improve the practical functioning and running of EWCs;
Amendment 89 #
Motion for a resolution Paragraph 6 Amendment 9 #
Motion for a resolution Recital A b (new) Ab. whereas social dialogue, including employee information and consultation, is a key element of the European Social Model;
Amendment 90 #
Motion for a resolution Paragraph 6 6. Highlights that the Member State implementation of confidentiality provisions is fragmented due to the lack of a clear definition and therefore calls for a clear definition of confidential information in line with the definitions provided for in Directive 2016/943; stresses in this context
Amendment 91 #
Motion for a resolution Paragraph 6 6.
Amendment 92 #
Motion for a resolution Paragraph 6 6. Highlights that the Member State implementation of confidentiality provisions is fragmented due to the lack of a clear definition and therefore calls for a clear definition of confidential information in line with the definitions provided for in Directive 2016/943; stresses in this context that further efforts by Member State are needed in order to specify and clarify precisely the conditions under which the central management is not required to pass on information which could be harmful;
Amendment 93 #
Motion for a resolution Paragraph 6 6. Highlights that the Member State implementation of confidentiality provisions
Amendment 95 #
Motion for a resolution Paragraph 7 7. Stresses that in cases of disagreement on whether to undertake an information or consultation procedure, there is a lack of guidance on how to resolve the current negative effects on EWCs and workers representatives; stresses, therefore, the added value that Union initiatives could have in providing such guidance and calls on the new platform for exchange of knowledge to disseminate good practices on how information and consultation procedures need to be carried out;
Amendment 96 #
Motion for a resolution Paragraph 7 Amendment 97 #
Motion for a resolution Paragraph 7 7. Stresses that in cases of disagreement on whether to undertake an information or consultation procedure, there is a lack of guidance on how to resolve the
Amendment 98 #
Motion for a resolution Paragraph 7 a (new) Amendment 99 #
Motion for a resolution Paragraph 7 a (new) 7a. Calls on the Commission to ensure that EWCs have access on the basis of prima facie evidence to a competent national labour court, to enforce their right to information and consultation about measures which may have transnational effects for the workers;
source: 734.188
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| procedure/stage_reached |
Old
Preparatory phase in ParliamentNew
Awaiting committee decision |