2023/2536(RSP) | [ParlTrack]

Recital -A (new)

-A. whereas, in addressing the issues of social dialogue, collective action, collective bargaining and collective agreements, it must firstly be recognised that the employment relationship is, by its very nature, an unequal one that must be corrected by the principle of upholding the best interests of workers across the board;

Amendment 100 #

Recital O

O. whereas workers engaging in non- standard forms of work or in new forms of employment may suffer from a lack of representation; whereas the emergence of new forms of employment could makes it more difficult for workers representatives' including trade unions to recruit new members;

Amendment 101 #

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA, Margarita DE LA PISA CARRIÓN

Recital O

O. whereas workers engaging in non- standard forms of work or in new forms of employment suffer from a lack of representation and exposure to anti-union practices; whereas the emergence of new forms of employment makes it difficult for trade unions to recruit new members;

Amendment 102 #

Recital O

O. whereas workers engaging in non- standard forms of work or in new forms of employment ~~suffer from a lack of representation~~do not enjoy the same range of representation as standard forms of work; whereas the emergence of new forms of employment ~~makes it difficult~~poses challenges for trade unions to recruit new members;

Amendment 103 #

Abir AL-SAHLANI, Atidzhe ALIEVA-VELI, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş PÎSLARU

Recital O a (new)

O a. whereas workers in the care economy are predominantly women and persons with a migration background, whose working conditions and lack of representation expose them to precarious and unsafe jobs;

Amendment 104 #

Paragraph 1

1. Stresses that social dialogue ~~and~~, including collective bargaining ~~contribute to the social market economy, one of the aims of the Treaty of Lisbon~~, is a crucial and beneficial tool for a well- functioning social market economy, driving economic and social resilience, competitiveness, stability and sustainable and inclusive growth and development; reiterates that, in line with the Treaties, which explicitly protect the autonomy of social partners and the self-regulatory systems in place in some Member States, social dialogue must be protected in order for social partners to regulate themselves autonomously, ensuring total legitimacy and strong progress on collective agreement coverage; welcomes the Commission proposal for a Council recommendation on strengthening social dialogue in the EU; stresses that social dialogue at national and Union level needs to be further improved and that more efforts are needed to support collective bargaining coverage and prevent social partners’ membership and organisational density from decreasing; regrets, however, that the proposal does not lay out any sustainable solutions for organising and financing sectoral social dialogue committees; calls on the Commission to maintain its logistical support for sectoral social dialogue committees and to increase its financial, legal and political support; calls on the Commission to continue supporting and closely monitoring sectoral social dialogue in order to ensure alignment between committees and that social dialogue can make a significant contribution to EU policies; strongly urges the Commission to come up with new proposals that fully respect social partners’ autonomy and avoid severely devaluing European sectoral social dialogucontractual freedom and total legitimacy in their achievements towards progress on collective agreement coverage;

Amendment 105 #

Paragraph 1

1. Stresses that social dialogue and collective bargaining contribute to the social market economy, one of the aims of the Treaty of Lisbon; reiterates that, in line with the Treaties, which explicitly protect the autonomy of social partners and the self-regulatory systems in place in some Member States, social dialogue must be protected in order for social partners to regulate themselves autonomously, ensuring total legitimacy and strong progress on collective agreement coverage; welcomes the Commission proposal for a Council recommendation and Communication on strengthening social dialogue in the EU; stresses that social dialogue at national and Union level needs to be further improved and that more efforts are needed to ~~support~~promote collective bargaining coverage and prevent social partners’ membership and organisational density from decreasing; ~~regre~~highlights, however, that ~~the proposal does not lay out any sustainable solutions for organising and financing~~further efforts are needed to provide sustainable organisational and financial support for sectoral social dialogue committees; calls on the Commission to maintain its logistical support for sectoral social dialogue committees and to increase its ~~financial, legal and politic~~administrative and financial support; calls on the Commission to continue supporting ~~and closely monitoring~~ sectoral social dialogue in order to ensure ~~alignment between committees and~~ that social dialogue can make a significant contribution to EU policies; strongly urges the Commission to ~~come up with~~ensure new proposals ~~that~~ fully respect social partners’ autonomy and avoid ~~severely devaluing~~negatively impacting on European sectoral social dialogue; recalls that the financial crisis and the pandemic have shown that countries with robust frameworks for social dialogue and high coverage of collective bargaining tend to have more competitive and resilient economies;

Amendment 106 #

Paragraph 1

1. Stresses that social dialogue and collective bargaining contribute to the social market economy, one of the aims of the Treaty of Lisbon; reiterates that, in line with the Treaties, which explicitly protect the autonomy of social partners and the self-regulatory systems in place in some Member States, social dialogue must be protected in order for social partners to regulate themselves autonomously, ~~ensuring~~ total legitimacy and strong progress on collective agreemen t coverage; welcomes the Commission proposal for a Council recommendation on strengthening social dialogue in the EU; stresses that social dialogue at national ~~and Union~~ level needs to be further improved and that more efforts are needed to support collective bargaining coverage and prevent social partners’ membership and organisational density from decreasing; regrets, however, that the proposal does not lay out any sustainable solutions for organising and financing sectoral social dialogue committees; calls on the Commission to maintain its logistical support for sectoral social dialogue committees and to increase its financial, legal and political support; calls on the Commission to continue supporting and closely monitoring sectoral social dialogue in order to ensure alignment between committees and that social dialogue can make a significant contribution to EU policies; ~~strongly urges the Commission to come up with new proposals that fully respect social partners’ autonomy and avoid severely devaluing European sectoral social dialogue;~~

Amendment 107 #

Paragraph 1

1. Stresses that social dialogue and collective bargaining contribute to the ~~social market economy, one of the aims of the Treaty of Lisbon~~European social model as well as to a sustainable and inclusive economic development,; reiterates that, in line with the Treaties, which explicitly protect the autonomy of social partners and the self- regulatory systems in place in some Member States, social dialogue must be protected in order for social partners to regulate themselves autonomously, ensuring total legitimacy and strong progress on collective agreement coverage; welcomes the Commission proposal for a Council recommendation on strengthening social dialogue in the EU while stressing the need to establish clear coercive instruments in these recommendations that would effectively constraint Member State to improve social dialogue and collective bargaining; stresses that more robust proposals on social conditionality, sanctions or alert system in case social partners are side lined are needed in the Council recommendations; stresses that social dialogue at national and Union level needs to be further improved and that more efforts are needed to support collective bargaining coverage and prevent social partners’ membership and organisational density from decreasing; regrets, however, that the proposal does not lay out any sustainable solutions for organising and financing sectoral social dialogue committees; calls on the Commission to maintain its logistical support for sectoral social dialogue committees and to increase its financial, legal and political support; calls on the Commission to continue supporting and closely monitoring sectoral social dialogue in order to ensure alignment between committees and that social dialogue can make a significant contribution to EU policies; strongly urges the Commission to come up with new proposals that fully respect social partners’ autonomy and avoid severely devaluing European sectoral social dialogue;

Amendment 108 #

Paragraph 1

1. Stresses that social dialogue and collective bargaining contribute to the social market economy, one of the aims of the Treaty of Lisbon; reiterates that, in line with the Treaties, which explicitly protect the autonomy of social partners ~~and the self-regulatory systems in place in some Member States~~, social dialogue must be protected in order for social partners to regulate themselves autonomously, ensuring total legitimacy and strong progress on collective agreement coverage; welcomes the Commission proposal for a Council recommendation on strengthening social dialogue in the EU; stresses that social dialogue at national and Union level needs to be further improved and that more efforts are needed to support collective bargaining coverage and prevent social partners’ membership and organisational density from decreasing; regrets, however, that the proposal does not lay out any sustainable solutions for organising and financing sectoral social dialogue committees; calls on the Commission to maintain its logistical support for sectoral social dialogue committees and to increase its financial, legal and political support; calls on the Commission to continue supporting and closely monitoring sectoral social dialogue in order to ensure alignment between committees and that social dialogue can make a significant contribution to EU policies; strongly urges the Commission to come up with new proposals that fully respect social partners’ autonomy and avoid severely devaluing European sectoral social dialogue;

Amendment 109 #

Paragraph 1

1. Stresses that social dialogue and collective bargaining contribute to the social market economy, one of the aims of the Treaty of Lisbon; reiterates that, in line with the Treaties, which explicitly protect the autonomy of social partners and the self-regulatory systems in place in some Member States, social dialogue must be protected in order for social partners to regulate themselves autonomously, ensuring total legitimacy and strong progress on collective agreement coverage; welcomes the Commission proposal for a Council recommendation on strengthening social dialogue in the EU; stresses that social dialogue at national and Union level needs to be further improved and that more efforts are needed to support collective bargaining coverage and prevent social partners’ membership and organisational density from decreasing; regrets, however, that the proposal does not lay out any sustainable solutions for organising and financing sectoral social dialogue committees; calls on the Commission to maintain its logistical support for sectoral social dialogue committees ~~and to increase its financial, legal and political support~~; calls on the Commission to continue supporting and closely monitoring sectoral social dialogue in order to ensure alignment between committees and that social dialogue can make a significant contribution to EU policies; strongly urges the Commission to come up with new proposals that fully respect social partners’ autonomy and avoid severely devaluing European sectoral social dialogue;

Amendment 11 #

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA, Margarita DE LA PISA CARRIÓN

Recital -A a (new)

-Aa. whereas the rights of workers to collective bargaining, collective agreements, freedom of association and collective action are fundamental rights in a democracy;

Amendment 110 #

Paragraph 1

1. Stresses that social dialogue and collective bargaining contribute to the social market economy, one of the aims of the Treaty of Lisbon; reiterates that, in line with the Treaties, which explicitly protect the autonomy of social partners and the self-regulatory systems in place in some Member States, social dialogue must be protected in order for social partners to regulate themselves autonomously, ensuring total legitimacy and striving for strong progress on collective agreement coverage; welcomes the Commission proposal for a Council recommendation on strengthening social dialogue in the EU; stresses that social dialogue at national and Union level needs to be further improved and that more efforts are needed to support collective bargaining coverage and prevent social partners’ membership and organisational density from decreasing; regrets, however, that the proposal does not lay out any sustainable solutions for organising and financing sectoral social dialogue committees; calls on the Commission to maintain its logistical support for sectoral social dialogue committees and to increase its financial, legal and political support; calls on the Commission to continue supporting and closely monitoring sectoral social dialogue in order to ensure alignment between committees and that social dialogue can make a significant contribution to EU policies; strongly urges the Commission to come up with new proposals that fully respect social partners’ autonomy ~~and avoid severely devaluing European sectoral social dialogue~~;

Amendment 111 #

Abir AL-SAHLANI, Atidzhe ALIEVA-VELI, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş PÎSLARU

Paragraph 1 a (new)

1 a. Highlights that social dialogue is a key aspect of democracy in the design and implementation of policies and laws affecting those they represent, namely workers and employers, which in turn is an essential part of the principle of subsidiarity;

Amendment 112 #

Abir AL-SAHLANI, Atidzhe ALIEVA-VELI, Jordi CAÑAS, Dragoş PÎSLARU

Paragraph 1 b (new)

1 b. Welcomes the Commission proposal for a Council recommendation on strengthening social dialogue in the EU; stresses that social dialogue at national and Union level needs to be further supported and that more efforts are needed to improve collective bargaining coverage and ensure workplaces are well-adapted to changes in the world of work in order to safeguard quality jobs as well as prevent social partners’ membership and organisational density from decreasing; regrets, however, that the proposal does not lay out any sustainable solutions for organising and financing sectoral social dialogue committees; calls on the Commission to maintain its logistical support for sectoral social dialogue committees and to continue supporting and closely monitoring sectoral social dialogue in order to ensure alignment between committees and that social dialogue can make a significant contribution to EU policies;

Amendment 113 #

Abir AL-SAHLANI, Atidzhe ALIEVA-VELI, Jordi CAÑAS, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş PÎSLARU

Paragraph 1 c (new)

1 c. Stresses in particular the need to support national social partners to build capacity including through supportive measures such as training and provision of expertise and to adapt their activities to the digital age and explore new activities and measures to respond to the green and digital transitions as well as demographic change and new labour market conditions;

Amendment 114 #

Abir AL-SAHLANI, Atidzhe ALIEVA-VELI, Jordi CAÑAS, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş PÎSLARU

Paragraph 1 d (new)

1 d. Recalls the importance of promoting gender equality and equal opportunities for all, including persons with disabilities and labour migrants in relation to representation as well as horizontally across all policy areas;

Amendment 115 #

Agnes JONGERIUS, Evelyn REGNER, Milan BRGLEZ, Brando BENIFEI, Ilan DE BASSO, Carina OHLSSON, Marianne VIND, Daniela RONDINELLI, Klára DOBREV, Alicia HOMS GINEL, João ALBUQUERQUE, Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Elisabetta GUALMINI, Estrella DURÁ FERRANDIS, Gabriele BISCHOFF

Paragraph 2

2. UIs convinced that good-quality social dialogue pays off in turbulent times when stability is needed to face ongoing economic uncertainty, as it was proved during the COVID-19 crisis when it played a major role in managing the crisis and mitigating its negative economic and social effects; urges the Commission to monitor the implementation of its recommendation at national and Union level, jointly with the Member States and ~~relevant~~ social partners; calls on the Commission and the Member States to ensure that this monitoring allows social partners to, among other things, identify situations from which they have been excluded or in which they were inadequately involved in national-level consultations on Union and national policy, including access to justice and the right to redress; calls on the Commission to initiate infringement procedures in case social partners involvement is not respected; proposes that Eurofound’s EUPolicyWatch database, as unique EU wide instrument to capture social partner’s involvement in national policy making, could be used for that purpose;

Amendment 116 #

Abir AL-SAHLANI, Atidzhe ALIEVA-VELI, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş PÎSLARU

Paragraph 2

2. Urges the Commission to support and monitor the implementation of ~~its~~the recommendation at national and Union level, jointly with the Member States and relevant social partners; calls on the Commission and the Member States to ensure that ~~this~~such monitoring allows social partners to, among other things, identify situations from which they have been excluded or in which they were inadequately involved in national-level consultations on Union and national policy, including access to justice and the right to redress; stresses that any type of monitoring must also safeguard the social partners’ freedom and ability to negotiate in a constructive manner that benefits both sides, where negotiations are conducted in a bipartite format;

Amendment 117 #

Paragraph 2

2. Urges the Commission to monitor the implementation of its recommendation at national and Union level, jointly with the Member States and relevant social partners; calls on the Commission and the Member States to ensure that this monitoring allows social partners to, among other things, identify situations from which they have been excluded or in which they were inadequately involved in national-level consultations on Union and national policy, including access to justice and the right to redress and for the Commission to provide recommendations to the Member States and social partners on possible measures to be taken in order to redress the situation and to bring laws and practices in line with the recommendation;

Amendment 118 #

Paragraph 2

2. Urges the Commission to monitor the implementation of its recommendation at sectoral, national and Union level, jointly with the Member States and relevant social partners; calls on the Commission and the Member States to ensure that this monitoring allows social partners to, among other things, identify situations from which they have been excluded or in which they were inadequately involved in national-level consultations on Union and national policy, including access to justice and the right to redress;

Amendment 119 #

Paragraph 2

2. Urges the Commission to regularly monitor the implementation of its recommendation at national and Union level, jointly with the Member States and relevant social partners; calls on the Commission and the Member States to ensure that this monitoring allows social partners to, among other things, identify situations from which they have been excluded or in which they were inadequately involved in national-level consultations on Union and national policy~~, including access to justice and the right to redress~~;

Amendment 12 #

Recital -A b (new)

-Ab. whereas collective bargaining, collective agreements and the essential role of trade unions in improving the living and working conditions of workers have been severely undermined by EU policies and legislation; whereas this is a deliberate strategy that has been weakening workplace democracy throughout the EU;

Amendment 120 #

Abir AL-SAHLANI, Atidzhe ALIEVA-VELI, Jordi CAÑAS, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş PÎSLARU

Paragraph 3

3. Believes that freedom of assembly and association and workers’ rights to organise, toas laid down in the European Charter of Fundamental Rights, as well as collective union representation and to collectively call for reforms within their workplaces are fundamental aspects of the European project and core principles of the European social model, which have been affirmed and legally upheld by the EU institutions; further underlines that every citizen of the Union has the freedom to seek employment, to work, to exercise the right of establishment and to provide services in any Member State, and the right to engage in work and to pursue a freely chosen or accepted occupation; moreover emphasises that workers and employers have in accordance with Community law and national laws and practices, the right to negotiate and conclude collective agreements at the appropriate levels;

Amendment 121 #

Paragraph 3

3. Believes that freedom of assembly and association and workers’ rights to organise, to collective union representation and to collectively call for reforms within their workplaces are fundamental aspects of the European project and core principles of the European social model, which have been affirmed and legally upheld by the ~~EU institutions~~Commission, the Member States and social partners respectively;

Amendment 122 #

Paragraph 3

3. Believes that freedom of assembly and association and workers’ rights to organise, to collective union representation and to collectively call for reforms within their workplaces are basic human rights and are fundamental aspects of the European project and core principles of the European social model, which have been affirmed and legally upheld by the EU institutions;

Amendment 123 #

Paragraph 3

3. Believes that freedom of assembly and association and workers’ rights to organise, to collective union representation and to collectively call for reforms within their workplaces are fundamental ~~aspects of the European project and core principles of the European social model, which have been affirmed and legally upheld by~~rights that must be affirmed, upheld and respected by the Member States and the EU institutions;

Amendment 124 #

Abir AL-SAHLANI, Jordi CAÑAS, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş PÎSLARU

Paragraph 3 a (new)

3a. Considers that, beyond the legal reaffirmation of these rights, it is essential to ensure the effective monitoring of compliance and impose penalties on defaulters; urges the Member States accordingly to provide the national inspection and supervisory authorities with the technical and human resources necessary to fulfil their important functions, namely by complying with the ratio of 1 labour inspector per 10 000 workers, as recommended by the ILO1a; _________________ 1a The Informal Economy and Decent Work: A Policy Resource Guide supporting transitions to formality 978- 92-2-126962-5[ISBN] 978-92-2-126963-2

Amendment 125 #

Paragraph 4

4. Is concerned that the density of employers’ organisations and trade unions is declining across ~~all~~many Member States; warns that the decrease in collective bargaining coverage is ~~not on~~partly due to the decline in trade union density, ~~but also to~~to some extent the lack of representation within employers’ organisation ~~and employers’ lack of involvement and willingness to participate in collective bargaining~~s; suggests that in order to turn this negative trend around and promote collective bargaining, a shift in approach is needed that adapts to the new realities in the world of work and continues to promote a culture of compromise and collaboration but also inclusion and diversity; believes that one way for social partners to remain attractive to new members and thus increase organisational density, is to make sure their outreach is inclusive, socially sustainable and open-minded, including towards groups outside the traditional membership such as the solo self-employed or labour migrants including from third countries;

Amendment 126 #

Agnes JONGERIUS, Evelyn REGNER, Milan BRGLEZ, Brando BENIFEI, Ilan DE BASSO

Draft motion for a resolution
Paragraph 4

4. Is concerned that the density of employers’ organisations and trade unions is declining across all Member States; notes that main reason for the decline in coverage is the weakening and dismantling of cross-sectoral and sectoral collective bargaining structures as well as the detrimental regulatory changes made in some Member States in the aftermath of the 2008 financial crisis in order to comply with the European Semester recommendations on the one hand and in order to access rescue funds on the other for some Member States; warns that the decrease in collective bargaining coverage is not only due to the decline in trade union density, but also to the lack of representation within employers’ organisation and employers’ lack of involvement and willingness to participate in collective bargaining;

Amendment 127 #

Paragraph 4

4. Is concerned that the density of employers’ organisations and trade unions is declining across all Member States; warns that the decrease in collective bargaining coverage is not only due to the decline in trade union density, but also to the lack of representation within employers’ organisation and employers’ lack of involvement and willingness to participate in collective bargaining; warns that the decrease in collective bargaining coverage has also been in some instances the result of systematic dismantling as part of austerity measures following the 2008 financial crisis as well as legislation that does not sufficiently enable workers to exercise their right to form or to join a trade union at the workplace or legislation that do not sufficiently protect the right to strike;

Amendment 128 #

Paragraph 4

4. Is concerned that the density of employers’ organisations and trade unions is declining ~~across all Member States; warns~~; warns about the impact that the decrease in collective bargaining coverage is not only due to the decline in trade union density, but also to the lack of representation within employers’ organisation and employers’ lack of involvement and willingness to participate in collective bargainingmay have on labour protection and the competitiveness and resilience of European economies;

Amendment 129 #

Paragraph 4

4. Is concerned that the density of employers’ organisations and trade unions is declining across all Member States; warns that the decrease in collective bargaining coverage is not only due to the decline in trade union density, but also to inadequate measures against anti-union practices and discrimination and the lack of representation within employers’ organisation and employers’ lack of involvement and willingness to participate in collective bargaining;

Amendment 13 #

Recital A

A. whereas social partnership and collective bargaining between trade unions and representatives of employers at national level and social dialogue at EU level are key aspects of the European social model, whose shared legacy of social dialogue, workers’ participation, collective bargaining, employee representation on boards, health and safety representation and tripartite system are the building blocks of a diverse and economically, socially and environmentally sustainable future that will contribute to competitiveness, resilience and better and more inclusive EU growth; whereas the financial crisis and the pandemic have shown that countries with robust frameworks for social dialogue and a high coverage of collective bargaining tend to have more competitive and resilient economies;

Amendment 130 #

Paragraph 4

4. Is concerned that the density of employers’ organisations and trade unions is declining across ~~all~~many Member States; warns that the decrease in collective bargaining coverage is not only due to the decline in trade union density, but also to some extent to the lack of representation within employers’ organisation and employers’ lack of involvement and willingness to participate in collective bargaining;

Amendment 131 #

Paragraph 4

4. Is concerned that the density of employers’ organisations and trade unions is declining across all Member States; warns that the decrease in collective bargaining coverage is not only due to the decline in trade union density, but also to the lack of representation within employers’ organisation and some employers’ lack of involvement and willingness to participate in collective bargaining;

Amendment 132 #

Paragraph 4 a (new)

4a. Deplores the fact that EU policies have, through the most varied mechanisms, greatly contributed to curbing the scope of collective agreements, as well as undermining the rights to collective organisation, and action, collective bargaining and collective agreements; calls for the immediate reversal of these policies;

Amendment 133 #

Paragraph 4 a (new)

4 a. Is concerned abou the lack of representation of workers in the care economy where the majority of workers are women and persons with a migration background and whose jobs are undervalued, underpaid and precarious;

Amendment 134 #

Paragraph 4 b (new)

4 b. Calls on the Commission and the Member States to undertake legislative and institutional measures to promote collective bargaining in specific sectors, occupations or groups of workers among which the effective recognition of this right continues to be limited; Encourages Member States and social partners to promote social dialogue on addressing the gender inequality by ensuring equal pay for work of equal value, providing for maternity/paternity and parental and family leave and addressing the gender- based violence at work; Encourages social partners to promote the inclusion of women and youth in their leadership and among the negotiators;

Amendment 135 #

Abir AL-SAHLANI, Atidzhe ALIEVA-VELI, Jordi CAÑAS, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş PÎSLARU

Paragraph 5

5. Urges the Member States to take note of the fact that both mutual recognition of social partners and the statutory recognition of trade unions and employers’ organisations by the authorities of each Member State are key to a successful collective bargaining framework, provided employers and workers are able to choose freely which organisation(s) will represent them; calls on the Commission, the Union legislators and the Member States to safeguard the incentives for the social partners to negotiate and take responsibility for the well-functioning of the labour markets and to leave room for manoeuvre for autonomous collective bargaining;

Amendment 136 #

Paragraph 5

5. Urges the Member States to take note of the fact that both mutual recognition of social partners and the statutory recognition of trade unions and employers’ organisations by the authorities of each Member State are key to a successful collective bargaining framework, provided employers and workers are able to choose freely which organisation(s) will represent them; stresses that such statutory recognition is open and transparent on the basis of objective representativeness criteria established in consultation with employers’ organisations and trade unions;

Amendment 137 #

Agnes JONGERIUS, Evelyn REGNER, Milan BRGLEZ, Brando BENIFEI, Ilan DE BASSO

Draft motion for a resolution
Paragraph 5

5. Urges the Member States to take note of the fact that both mutual recognition of social partners and the statutory recognition of trade unions and employers’ organisations by the authorities of each Member State are key to a successful collective bargaining framework, provided employers and workers are able to choose freely which organisation(s) will represent them; calls on the Commission and Member States to protect the autonomy of social partners to negotiate and contribute to the well- functioning of the labour markets;

Amendment 138 #

Paragraph 5

5. Urges the Member States to take note of the fact that both mutual recognition of social partners and the ~~statutory~~ recognition of trade unions and employers’ organisations by the authorities of each Member State ~~are key~~in accordance with national laws and practices are one of the elements contributing to a successful collective bargaining framework, provided employers and workers are able to choose freely which organisation(s) and representatives will represent them;

Amendment 139 #

Paragraph 6

6. Calls on the Commission and the Member States to ~~fully involve and~~ consult with social partners on economic, social and employment policies and decision- making ~~in open processes, including the European Semester process~~;

Amendment 14 #

Recital A

A. whereas social ~~partnership~~dialogue and collective bargaining between trade unions and representatives of employers at national level ~~and social dialogue at EU level are key aspects of the European social model, whose shared legacy of social dialogue, workers’ participa~~must guarantee the free representation of workers in order to uphold their rights and improve their working and living conditions, ~~collective bargaining, employee representation on boards, health and safety representation and tripartite system are the building blocks of a diverse and~~especially with regard to pay increases, career advancement, health and safety at work and better and more inclusive EU growth in economic~~ally~~, socially and environmental~~ly sustainable future that will contribute to better and more inclusive EU growth~~ terms;

Amendment 140 #

Abir AL-SAHLANI, Atidzhe ALIEVA-VELI, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş PÎSLARU

Paragraph 6

6. Calls on the Commission and the Member States to fully involve and consult with social partners on economic, social and employment policies and decision- making in open processes, including ~~the~~in a more democratic and thoroughly transformed European Semester process;

Amendment 141 #

Paragraph 6

6. Calls on the Commission and the Member States to meaningfully involve ~~and consult wi~~the social partners oin ~~economic,~~a timely manner in the design and implementation of social and employment policies, and ~~decision-making in open process~~where relevant, economic policies, including the European Semester process;

Amendment 142 #

Abir AL-SAHLANI, Jordi CAÑAS, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş PÎSLARU

Paragraph 6

6. Calls on the Commission and the Member States to ~~fully involve and~~ consult ~~with~~ social partners on the design and implementation of economic, social and employment policies ~~and decision- making in open processes, including~~, including in the context of the European Semester process;

Amendment 143 #

Agnes JONGERIUS, Evelyn REGNER, Milan BRGLEZ, Brando BENIFEI, Ilan DE BASSO, Carina OHLSSON, Marianne VIND, Daniela RONDINELLI, Klára DOBREV, Alicia HOMS GINEL, João ALBUQUERQUE, Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Elisabetta GUALMINI, Estrella DURÁ FERRANDIS, Gabriele BISCHOFF

Paragraph 6 a (new)

6 a. Urges the Commission to promote collective bargaining, democracy at work, and social dialogue through the European Semester, and specifically in the country- specific recommendations, in order to ensure, decent wages through collective bargaining; encourages the Commission to propose new social dialogue indicators for the European Semester, relating to industrial relations in the Member States that could be used to further strengthening the social dialogue; such indicators could include references to industrial democracy already used by Eurofound in its Industrial Relations Index;

Amendment 144 #

Paragraph 7

7. CRecalls ~~on the Commission and the Member States, along wi~~that Member States’ collective bargaining coverage rates vary significantly owing to a number of factors, including national tradition and practice as well as historical contexts which must be taken into account while striving for progress towards higher collective bargaining coverage; encourages the social partners, to ~~commit to reaching collective bargaining coverage of 90 % by 2030~~develop innovative approaches to increase collective bargaining coverage rates, including by extending memberships to all types of workers, including those with different employment contracts and statuses such as the solo self-employed; calls on the Commission and the Member States, to support the efforts of social partners in this regard through removing institutional and legal barriers to well- functioning collective bargaining, with a view to improving living and working conditions in the Union, contributing to upward social convergence, fighting in- work poverty and social exclusion and reducing wage inequality;

Amendment 145 #

Agnes JONGERIUS, Evelyn REGNER, Milan BRGLEZ, Brando BENIFEI, Daniela RONDINELLI, Klára DOBREV, Alicia HOMS GINEL, João ALBUQUERQUE, Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Elisabetta GUALMINI, Estrella DURÁ FERRANDIS, Gabriele BISCHOFF

Paragraph 7

7. Calls on the Commission and the Member States to ensure, with the involvement of social partners, an enabling environment for collective bargaining; calls on the Commission and the Member States to include in such an enabling environment effective measures against union-busting practices, since those practices decrease trade union density; calls on the Commission and the Member States, along with social partners, to commit to reaching collective bargaining coverage of 90 % by 2030, and to taking concrete measures in this regard with a view to improving living and working conditions in the Union, contributing to upward social convergence, fighting in- work poverty and social exclusion and reducing wage inequality;

Amendment 146 #

Paragraph 7

7. Calls on the Commission and the Member States, along with social partners, to commit to reaching collective bargaining coverage of 90 % by 2030, with a view to improving living and working conditions in the Union, contributing to upward social convergence, fighting in-work poverty and social exclusion and reducing wage inequality; Calls on the Commission and the Member States to regularly review progress towards reaching this target together with the social partners;

Amendment 147 #

Paragraph 7

7. Calls on the Commission and the Member States, along with social partners, to commit to reaching collective bargaining coverage of 90 % by 2030, with a view to improving the living and working conditions ~~in the Union~~of workers and their families, contributing to upward social convergence, fighting in-work poverty and social exclusion and reducing wage inequality and ending job insecurity;

Amendment 148 #

Ilan DE BASSO, Marianne VIND, Carina OHLSSON

Paragraph 7

7. Calls on the Commission and the Member States, along with social partners, to ~~commit to~~strive towards reaching a higher collective bargaining coverage ~~of 90 %~~ by 2030, with a view to improving living and working conditions in the Union, contributing to European competitiveness and upward social convergence, as well as fighting in-work poverty and social exclusion ~~and reducing wage inequality~~;

Amendment 149 #

Paragraph 7

7. Calls on the Commission and the Member States, along with social partners, to ~~commit to reaching collective bargaining coverage of 90 % by 2030~~promote and support social dialogue and increase the use of collective bargaining, with a view to improving living and working conditions in the Union, contributing to upward social convergence, fighting in- work poverty and social exclusion and reducing wage inequality;

Amendment 15 #

Recital A

A. whereas social partnership and collective bargaining between trade unions and representatives of employers at national level and social dialogue at EU level are key aspects of the European social model, whose shared legacy of social dialogue, workers’ participation, collective bargaining, ~~employee representation on boards~~information and consultation of employees for business decision- making, health and safety representation and tripartite system are the building blocks of a diverse and economically, socially and environmentally sustainable future that will contribute to better and more inclusive EU growth;

Amendment 150 #

Paragraph 7

7. Calls on the Commission and the Member States, along with social partners, to ~~commit to~~work towards reaching collective bargaining coverage of ~~90 % by 2030~~at least 80 %, with a view to improving living and working conditions in the Union, contributing to upward social convergence, fighting in- work poverty and social exclusion and reducing wage inequality;

Amendment 151 #

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA, Margarita DE LA PISA CARRIÓN

Paragraph 7

7. Calls on the Commission and the Member States, along with social partners, to commit to increachsing collective bargaining coverage ~~of 90 % by 2030~~, with a view to improving living and working conditions in the Union, contributing to upward social convergence, fighting in- work poverty and social exclusion and reducing wage inequality;

Amendment 152 #

Paragraph 7

7. Calls on the Commission and the Member States, along with social partners, to commit to ~~reaching~~improving the collective bargaining coverage ~~of 90 % by 2030~~by promoting advantages of active participation in the workplace, with a view to improving living and working conditions in the Union, ~~contributing to upward social convergence,~~ fighting in- work poverty and social exclusion ~~and reducing wage inequality~~;

Amendment 153 #

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA, Margarita DE LA PISA CARRIÓN

Paragraph 8

8. Calls on the Member States to repeal any national legislation that hampers collective bargaining, including any legislation that inhibits trade unions’ access to workplaces for the purpose of organising; Calls on the Member States and the Commission to promote legislative reforms that ensure good faith bargaining, prohibit unfair labour practices and anti-union discrimination and that promote secure forms of employment while taking robust measures against precarious forms of employment, particularly affecting young workers; calls on the Commission and the Member States to promote sectoral- level collective bargaining as an important instrument to increase collective agreement coverage~~, making sure that derogations from collective agreements concluded at a higher level are restricted to situations in which those derogations are needed to maintain quality employment~~; Calls on the Member States to guarantee the principle of favourability to ensure that labour and social protection cannot be affected by collective agreement at lower levels unless they are more favourable to workers;

Amendment 154 #

Paragraph 8

8. Calls on the Member States to ~~repeal any national legislation that hampers collective bargaining, including any legislation that inhibits trade unions’ access to workplaces for the purpose of organis~~adopt legislation promoting social dialogue and collective bargaining; calls on the Commission and the Member States to promote sectoral- level collective bargaining as an important instrument to increase collective agreement coverage~~, making sure that derogations from collective agreements concluded at a higher level are restricted to situations in which those derogations are needed to maintain quality employment~~;

Amendment 155 #

Abir AL-SAHLANI, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş PÎSLARU

Paragraph 8

8. Calls on the Member States to repeal any national legislation that hampers collective bargaining, including any legislation that inhibits trade unions’ access to workplaces for the purpose of organising; calls on the Commission and the Member States to promote sectoral- level collective bargaining as an important instrument to increase collective agreement coverage, making sure that derogations from collective agreements concluded at a higher level are restricted to situations in which those derogations are needed to maintain quality employment;

Amendment 156 #

Agnes JONGERIUS, Evelyn REGNER, Milan BRGLEZ, Brando BENIFEI, Daniela RONDINELLI, Klára DOBREV, Alicia HOMS GINEL, João ALBUQUERQUE, Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Elisabetta GUALMINI, Estrella DURÁ FERRANDIS, Gabriele BISCHOFF

Paragraph 8

8. Calls on the Member States to repeal any national legislation that hampers collective bargaining, including any legislation that inhibits trade unions’ access to workplaces for the purpose of organising in order to be able to collectively bargain; calls on Member States to ensure access to the workplace is being guaranteed, also when the work is performed digitally; calls on the Commission and the Member States to promote sectoral- level collective bargaining as an important instrument to increase collective agreement coverage, making sure that derogations from collective agreements concluded at a higher level are restricted to situations in which those derogations are needed to maintain quality employment;

Amendment 157 #

Paragraph 8

8. Calls on the Member States to review and repeal ~~any~~ national legislation that hampers collective bargaining, including ~~any~~ legislation that ~~inhibi~~arbitrarily restricts trade unions’ access to workplaces for the purpose of organising; calls on the Commission and the Member States to promote ~~sectoral- level~~ collective bargaining as an important instrument to increase collective agreement coverage~~, making sure that derogations from collec~~ including by supporting the capacity-building of social partners, making sure employment related initiatives a~~greements concluded at a higher level are restricted to situations in which those derogations are needed to maintain quality employment~~llow for independent and equal national social partners to adapt, complement or deviate from legislation by way of collective agreements as long as the aims of adopted legislative acts is still fulfilled;

Amendment 158 #

Paragraph 8

8. Calls on the Member States to repeal any national legislation that hampers collective bargaining, including any legislation that inhibits trade unions’ access to workplaces for the purpose of organising~~; calls on the Commission and~~ and rules shortening the duration and expiry periods of collective labour agreements; calls on the Member States to promote sectoral- level collective bargaining as an important instrument to increase collective agreement coverage, making sure that derogations from collective agreements concluded at a higher level are restricted to situations in which those derogations are needed to maintain quality employment;

Amendment 159 #

Paragraph 8

8. Calls on the Member States to ~~repeal~~ensure any national legislation ~~that hampers~~impedes on the right of collective bargaining, in~~cluding any legislation that inhibits trade unions’ access~~ accordance with national law and practices, the right to negotiate and conclude collective agreements, and the right to wfor~~kplaces for the purpose of organising~~m and join trade unions for the purpose of protecting their interests; calls on the Commission and the Member States to promote sectoral- level collective bargaining as an important instrument to increase collective agreement coverage~~, making sure that derogations from collective agreements concluded at a higher level are restricted to situations in which those derogations are needed to maintain quality employment~~;

Amendment 16 #

Recital A

A. whereas social partnership and collective bargaining between trade unions and representatives of employers at national level and social dialogue at EU level are key aspects of the European social model, whose shared legacy of social dialogue, workers’ participation, collective bargaining, employee representation on boards in accordance with the business culture in each Member State, health and safety representation and tripartite system are the building blocks of a diverse and economically, socially and environmentally sustainable future that will contribute to better and more inclusive EU growth;

Amendment 160 #

Paragraph 8

8. Calls on the Member States to repeal any national legislation that hampers collective bargaining, including any legislation that inhibits trade unions’ access to workplaces for the purpose of organising; calls on the Commission and the Member States to promote ~~sectoral- level~~ collective bargaining as an important instrument ~~to increase collective agreement coverage, making sure that derogations from collec~~and to ensure that national and EU initiatives a~~greements concluded at a higher leve~~llow for independent and equal national social par~~e restricted to situations in which those derogations are needed to maintain quality employ~~tners to adapt, complement or deviate from legislation by way of collective agreements;

Amendment 161 #

Paragraph 8

8. Calls on the Member States to repeal any national legislation that hampers collective bargaining, including any legislation that inhibits trade unions’ access to workplaces for the purpose of organising or going on strike; calls on the Commission and the Member States to promote sectoral- level collective bargaining as an important instrument to increase collective agreement coverage, making sure that derogations from collective agreements concluded at a higher level are restricted to situations in which those derogations are needed to maintain quality employment;

Amendment 162 #

Abir AL-SAHLANI, Atidzhe ALIEVA-VELI, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş PÎSLARU

Paragraph 8

8. Calls on the Member States to repeal any national legislation that hampers collective bargaining, including any legislation that inhibits trade unions’ access to workplaces for the purpose of organising; calls on the Commission and the Member States to promote ~~sectoral- level~~ collective bargaining as an important instrument to increase collective agreement coverage, making sure that ~~derogations from collective agreements concluded at a higher leve~~EU legislation allow for independent and equal national social par~~e restricted to situations in which those derogations are needed to maintain quality employ~~tners to adapt, complement or deviate from the legislation by way of collective agreements;

Amendment 163 #

Paragraph 8 a (new)

8 a. Calls on the Commission to review the impact of employment and social policies and legislation at Union level on promotion and support of social dialogue and collective bargaining, in particular as regards their implementation in the Member States and the involvement of the social partners, as well as the added value of EU initiatives in this regard compared with existing national law or practices;

Amendment 164 #

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA

Paragraph 9

9. Underlines that reforms in the Member States should ~~not negatively affect collective bargaining and that collective bargaining needs to be promoted at sectoral level~~strive to promote collective bargaining, including by supporting the capacity-building of social partners; stresses that labour market reforms at national level must contribute to implementing the European Pillar of Social Rights, including Principle 8 thereof on social dialogue and the involvement of workers, as well as collective bargaining, respect for the autonomy of social partners and the rights to collective action and to be informed and consulted in good time on the transfer, restructuring and merging of undertakings and on collective redundancies; calls on the Commission to analyse any labour reforms relating to these issues in the Member States’ national recovery and resilience plans;

Amendment 165 #

Paragraph 9

9. Underlines that reforms in the Member States should not negatively affect collective bargaining and that collective bargaining needs to be promoted also at sectoral level, including by supporting the capacity- building of social partners, which could be particularly beneficial for workers performing their jobs in new forms, such as through platforms, as those forms do not provide a union- friendly environment and the workers often provide work through more than one platform; stresses that labour market reforms at national level must contribute to implementing the European Pillar of Social Rights, including Principle 8 thereof on social dialogue and the involvement of workers, as well as collective bargaining, respect for the autonomy of social partners and the rights to collective action and to be informed and consulted in good time on the transfer, restructuring and merging of undertakings and on collective redundancies; calls on the Commission to analyse any labour reforms relating to these issues in the Member States’ national recovery and resilience plans;

Amendment 166 #

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA, Margarita DE LA PISA CARRIÓN

Paragraph 9

9. Underlines that reforms in the Member States should not negatively affect collective bargaining and that collective bargaining needs to be promoted at sectoral level, including by supporting the capacity- building of social partners; stresses that labour market reforms at national level must contribute to implementing the European Pillar of Social Rights, including Principle 8 thereof on social dialogue and the involvement of workers, as well as collective bargaining, respect for the autonomy of social partners and the rights to collective action and to be informed and consulted in good time on the transfer, restructuring and merging of undertakings and on collective redundancies; ~~calls on the Commission to analyse any labour reforms relating to these issues in the Member States’ national recovery and resilience plans;~~

Amendment 167 #

Paragraph 9

9. Underlines that reforms in the Member States should not negatively affect collective bargaining and that collective bargaining needs to be promoted at sectoral level, including by supporting the capacity- building of social partners; stresses that labour market reforms at national level must contribute to implementing the European Pillar of Social Rights, including Principle 8 thereof on social dialogue and the involvement of workers, as well as collective bargaining, respect for the autonomy of social partners and the rights to collective action and to be informed and consulted in good time on the transfer, restructuring and merging of undertakings and on collective redundancies; calls on the Commission to analyse any labour reforms relating to these issues in the Member States’ national recovery and resilience plans; and engage with national authorities in order to help them addressing their possible shortcomings;

Amendment 168 #

Paragraph 9

9. Underlines that reforms in the Member States should not negatively affect workers' rights, especially collective bargaining, and that collective bargaining needs to be promoted at sectoral level, including by supporting the capacity- building of social partners; stresses that labour market reforms at national level must contribute to implementing the European Pillar of Social Rights, including Principle 8 thereof on social dialogue and the involvement of workers, as well as collective bargaining, respect for the autonomy of social partners and the rights to collective action and to be informed and consulted in good time on the transfer, restructuring and merging of undertakings and on collective redundancies; ~~calls on the Commission to analyse any labour reforms relating to these issues in the Member States’ national recovery and resilience plans;~~

Amendment 169 #

Paragraph 9

9. Underlines that reforms in the Member States should not negatively affect collective bargaining and that collective bargaining needs to be promoted at sectoral level, including by supporting the capacity- building of social partners; stresses that any labour market reforms at national level ~~must contribute to~~shall promote worker’s rights and further implement~~ing~~ the European Pillar of Social Rights, including Principle 8 thereof on social dialogue and the involvement of workers, as well as collective bargaining, respect for the autonomy of social partners and the rights to collective action and to be informed and consulted in good time on the transfer, restructuring and merging of undertakings and on collective redundancies; calls on the Commission to analyse any labour reforms relating to these issues in the Member States’ national recovery and resilience plans;

Amendment 17 #

Abir AL-SAHLANI, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş PÎSLARU

Recital A

A. whereas social partnership and collective bargaining between trade unions and representatives of employers at national level and social dialogue at EU level are key aspects of the European social model, whose shared legacy of social dialogue, workers’ participation, collective bargaining, ~~employee representation on boards,~~ health and safety representation and tripartite system are the building blocks of a diverse and economically, socially and environmentally sustainable future that will contribute to better and more inclusive EU growth;

Amendment 170 #

Paragraph 9

9. Underlines that ~~reforms in the 9.~~ Member States should ~~not negatively affect collective bargaining and tha~~examine how reforms in the field of employment and social affairs affect collective bargaining ~~needs to be~~and actively promoted a~~t sectoral level, including by supporting the capacity-building of~~n enabling framework for social partners; stresses that labour market reforms at national level ~~must~~should contribute to ~~implementing~~the aims of the European Pillar of Social Rights, in~~cluding~~ particular Principle 8 thereof on social dialogue and the involvement of workers, as well as collective bargaining, respect for the autonomy of social partners and the rights to collective action and to be informed and consulted in good time on the transfer, restructuring and merging of undertakings and on collective redundancies; calls on the Commission to analyse any labour reforms relating to these issues in the Member States’ national recovery and resilience plans;

Amendment 171 #

Abir AL-SAHLANI, Atidzhe ALIEVA-VELI, Jordi CAÑAS, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş PÎSLARU

Paragraph 9 a (new)

9 a. Stresses the need for the Commission and the Member States to improve the scope and relevance of data collection at Union and national level on social dialogue in particular collective bargaining; calls for comprehensive and comparable data, disaggregated by sector, to include inter alia the rate of solo self- employed covered by collective agreements, the number of collective agreements concerning measures to address the green and digital transitions, skills and labour market shortages and the profile of the workers covered by such agreements;

Amendment 172 #

Abir AL-SAHLANI, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş PÎSLARU

Paragraph 9 a (new)

9 a. In line with national law and practice, Member States and social partners should be encouraged to consider extension mechanisms to broaden the applicability of a collective agreement to all workers within a sector or company;

Amendment 173 #

Paragraph 10

10. ~~Is concerned about the fact that some workers taking part in new forms of work do not enjoy~~Acknowledges that new and non- standard forms of work will require new types of effective representation orand participation rights in the workplace~~; deplores the fact that this is the case, in particular, for sectors where the majority of workers are women~~, innovative approaches and inclusive outreach; reiterates its call on the Commission and the Member States to ensure the right of workers to freedom of association and participation in the workplace for all forms of employment; is concerned about the growing phenomenon of company trade unions or workers’ representatives that are established or controlled by and work in the interests of the employer rather than the workers; stresses that this is particularly serious in certain sectors where the misclassification of workers and precariousness are common; warns that such company trade unions or workers’ representatives arewarns that union-busting is contrary to Article 2 of ILO Convention No 98 concerning the Application of the Principles of the Right to Organise and to Bargain Collectively and to Directive 2002/14/EC15; calls on the Commission and the Member States to, along with social partners, ensure that elections for workers’ representatives comply with the Workers’ Representatives Convention and that workers’ representatives enjoy effective protection from any prejudicial act towards them, including dismissal, based on their status or activities as a workers’ representative or on their union membership or participation in union activities; _________________ 15 Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community (OJ L 80, 23.3.2002, p. 29).

Amendment 174 #

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA, Margarita DE LA PISA CARRIÓN

Paragraph 10

10. Is concerned about the fact that some workers taking part in new forms of work do not enjoy effective representation or participation rights in the workplace; deplores the fact that this is the case, in particular, for sectors where the majority of workers are women; reiterates its call on the Commission and the Member States to ensure the right of workers to freedom of association and participation in the workplace for all forms of employment; is concerned about the growing phenomenon of company trade unions or workers’ representatives that are established or controlled by and work in the interests of the employer rather than the workers; stresses that this is particularly serious in certain sectors where the misclassification of workers and precariousness are common; warns that such company trade unions or workers’ representatives are contrary to Article 2 of ILO Convention No 98 concerning the Application of the Principles of the Right to Organise and to Bargain Collectively and to Directive 2002/14/EC15; calls on the Commission and the Member States to, along with social partners, ensure that workers are provided with qualitative representation, permanent forms of workers' representation are not displaced by ad hoc representations without permanent structures,elections for workers’ representatives comply with the Workers’ Representatives Convention and that workers’ representatives enjoy effective protection from any prejudicial act towards them, including dismissal, based solelyon their status or activities as a workers’ representative or on their union membership or participation in union activities; _________________ 15 Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community (OJ L 80, 23.3.2002, p. 29).

Amendment 175 #

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA, Margarita DE LA PISA CARRIÓN

Paragraph 10

10. Is concerned about the fact that some workers taking part in new forms of work do not enjoy effective representation or participation rights in the workplace; deplores the fact that this is the case, in particular, for sectors where the majority of workers are women; reiterates its call on the Commission and the Member States to ensure the right of workers to freedom of association and participation in the workplace for all forms of employment; is concerned about the ~~growing~~ phenomenon of company trade unions or workers’ representatives that are established or controlled by and work in the interests of the employer rather than the workers; sStresses that this is particularly serious in certain sectors where the misclassification of workers and precariousness are common; warns that such company trade unions or workers’ representatives are contrary to Article 2 of ILO Convention No 98 concerning the Application of the Principles of the Right to Organise and to Bargain Collectively and to Directive 2002/14/EC15; calls on the Commission ande right of workers and employers, or their respective organisations, to engage in collective bargaining and the freedom of assembly, and that there should be no interference from employers which would restrict those rights; calls on the Member States to, along with social partners, ensure that elections for workers’ representatives comply with the Workers’ Representatives Convention and that workers’ representatives enjoy effective protection from any prejudicial act towards them, including dismissal, based on their status or activities as a workers’ representative or on their union membership or participation in union activities; _________________ 15 Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community (OJ L 80, 23.3.2002, p. 29).

Amendment 176 #

Paragraph 10

10. Is concerned about the fact that some workers taking part in new forms of work domay not enjoy effective representation or participation rights in the workplace; deplores the fact that ~~this is~~it might be the case, in particular, for sectors where the majority of workers are women; ~~reiterates its call on the Commission and the Member States to ensure the right of workers to freedom of association and participation in the workplace for all forms of employment;~~ is concerned about the growing phenomenon of company trade unions or workers’ representatives that are established or controlled by and work in the interests of the employer rather than the workers; stresses that this is particularly serious in certain sectors where the misclassification of workers and precariousness are common; warns that such company trade unions or workers’ representatives are contrary to Article 2 of ILO Convention No 98 concerning the Application of the Principles of the Right to Organise and to Bargain Collectively and to Directive 2002/14/EC15; calls on the Commission and the Member States to, along with social partners, ensure that elections for workers’ representatives comply with the Workers’ Representatives Convention and that workers’ representatives enjoy effective protection from any prejudicial act towards them, including dismissal, based on their status or activities as a workers’ representative or on their union membership or participation in union activities; _________________ 15 Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community (OJ L 80, 23.3.2002, p. 29).

Amendment 177 #

Paragraph 10

10. Is concerned about the fact that some workers taking part in new forms of work do not enjoy effective representation or participation rights in the workplace; deplores the fact that this is the case, in particular, for sectors where the majority of workers are women; reiterates its call on the Commission and the Member States to ensure the right of workers to freedom of association and participation in the workplace for all forms of employment; is concerned about the ~~growing~~ phenomenon of ~~company trade unions or~~ workers’ representatives that are established or controlled by and work in the interests of the employer rather than the workers; stresses that this is particularly serious in certain sectors where the misclassification of workers and precariousness are common; warns that such ~~company trade unions or~~ workers’ representatives are contrary to Article 2 of ILO Convention No 98 concerning the Application of the Principles of the Right to Organise and to Bargain Collectively and to Directive 2002/14/EC15; calls on the Commission and the Member States to, along with social partners, ensure that elections for workers’ representatives comply with the Workers’ Representatives Convention and that workers’ representatives enjoy effective protection from any prejudicial act towards them, including dismissal, based on their status or activities as a workers’ representative or on their union membership or participation in union activities; _________________ 15 Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community (OJ L 80, 23.3.2002, p. 29).

Amendment 178 #

Paragraph 10

10. Is concerned about the fact that some workers taking part in new forms of work do not enjoy effective representation or participation rights in the workplace; deplores the fact that this is the case, in particular, for some of the sectors where the majority of workers are women; reiterates its call on the Commission and the Member States to ensure the right of workers to freedom of association and participation in the workplace for all forms of employment; is concerned about the growing phenomenon of company trade unions or workers’ representatives that are established or controlled by and work in the interests of the employer rather than the workers; stresses that this is particularly serious in certain sectors where the misclassification of workers and precariousness are common; warns that such company trade unions or workers’ representatives are contrary to Article 2 of ILO Convention No 98 concerning the Application of the Principles of the Right to Organise and to Bargain Collectively and to Directive 2002/14/EC15; calls on the Commission and the Member States to, along with social partners, ensure that elections for workers’ representatives comply with the Workers’ Representatives Convention and that workers’ representatives enjoy effective protection from any prejudicial act towards them, including dismissal, based on their status or activities as a workers’ representative or on their union membership or participation in union activities; _________________ 15 Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community (OJ L 80, 23.3.2002, p. 29).

Amendment 179 #

Paragraph 10

10. Is concerned about the fact that ~~some~~the majority of workers taking part in new forms of work ~~do not enjoy effective representation or participation rights in the workplace; deplores the fact that this is the case, in particular, for sectors where the majority of workers are women~~, especially those whose tasks are organised by digital platforms and algorithmic management do not enjoy effective representation or participation rights in the workplace; reiterates its call on the Commission and the Member States to ensure the right of workers to freedom of association and participation in the workplace for all forms of employment; is concerned about the growing phenomenon of company trade unions or workers’ representatives that are established or controlled by and work in the interests of the employer rather than the workers; stresses that this is particularly serious in certain sectors where the misclassification of workers and precariousness are common; warns that such company trade unions or workers’ representatives are contrary to Article 2 of ILO Convention No 98 concerning the Application of the Principles of the Right to Organise and to Bargain Collectively and to Directive 2002/14/EC15; calls on the Commission and the Member States to, along with social partners, ensure that elections for workers’ representatives comply with the Workers’ Representatives Convention and that workers’ representatives enjoy effective protection from any prejudicial act towards them, including dismissal, based on their status or activities as a workers’ representative or on their union membership or participation in union activities; _________________ 15 Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community (OJ L 80, 23.3.2002, p. 29).

Amendment 18 #

Recital A

A. whereas ~~social partnership~~industrial relations and collective bargaining between trade unions and representatives of employers at sectoral and national level, ands well as social dialogue at EU level, are key aspects of the European social model, whose shared legacy of social dialogue, workers’ participation, collective bargaining, employee representation on boards, health and safety representation and tripartite system are the building blocks of a diverse and economically, socially and environmentally sustainable future that will contribute to better and more inclusive EU ~~growth~~development;

Amendment 180 #

Abir AL-SAHLANI, Atidzhe ALIEVA-VELI, Jordi CAÑAS, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş PÎSLARU

Paragraph 10

10. Is concerned about the fact that some workers taking part in new forms of work do not enjoy effective representation or participation rights in the workplace; deplores the fact that this is the case, in particular, for sectors where the majority of workers are women; reiterates its call on the ~~Commission and the~~ Member States to ensure the right of workers to freedom of association and participation in the workplace for all forms of employment; is concerned about the growing phenomenon of company trade unions or workers’ representatives that are established or controlled by and work in the interests of the employer rather than the workers; stresses that this is particularly serious in certain sectors where the misclassification of workers and precariousness are common; warns that such company trade unions or workers’ representatives are contrary to Article 2 of ILO Convention No 98 concerning the Application of the Principles of the Right to Organise and to Bargain Collectively and to Directive 2002/14/EC15; calls on the ~~Commission andthe~~ Member States to, along with social partners, ensure that elections for workers’ representatives comply with the Workers’ Representatives Convention and that workers’ representatives enjoy effective protection from any prejudicial act towards them, including dismissal, based on their status or activities as a workers’ representative or on their union membership or participation in union activities; _________________ 15 Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community (OJ L 80, 23.3.2002, p. 29).

Amendment 181 #

Paragraph 10 a (new)

10 a. Recalls the European Pillar of Social Rights (EPSR) Action Plan targets that at least 60% of all adults should participate in training annually and that at least 80% of those aged 16-74 should have basic digital skills; stresses the crucial role social partners can play in reaching these targets and addressing skills and labour shortages, particularly in regions most affected by the green and digital transitions; recalls that social partners should be consulted in tripartite discussions on reskilling, upskilling, VET and lifelong learning policies; encourages the social partners to address re- and up- skilling as well as digital skills and literacy through social dialogue on training policies;

Amendment 182 #

Abir AL-SAHLANI, Atidzhe ALIEVA-VELI, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş PÎSLARU

Paragraph 11

11. Calls for the EU industrial strategy to ensure that the jobs of tomorrow are not only green, but above all decent, well paid and based on good working conditions, including as regards health and safety at work, robust social protection and ~~gender equality~~equal opportunities; calls on the Member States~~, in the context of the European Green Deal and the RePowerEU plan,~~ to adopt and implement, in close cooperation with social partners, comprehensive and coherent policy packages to benefit all societal groups and to make optimal use of public and private funding, including social conditionalities for the creation of quality jobs with fair working conditions and good pay, the promotion of collective bargaining and respect for collective agreements; considers furthermore that all EU financial support to undertakings, including the Green Deal industrial plan programmes, should be made conditional on the undertakings’ compliance with the applicable working and employment conditions and/or employer obligations, including any applicable collective agreements; urges the Commission and the Member States to enforce the requirements that companies receiving public support must avoid redundancies and the worsening of working conditions and that, under the EU industrial plan,stresses furthermore that undertakings must respect collective bargaining and information and consultation processes with unions on ~~investments, restructuring and any reform~~relevant matters affecting working conditions;

Amendment 183 #

Paragraph 11

11. Calls for the EU industrial strategy to ensure that the jobs of tomorrow are nbot ~~only~~h green~~, but above all decent, well paid and based on~~ and decent, ensuring adequate remuneration and good working conditions, including as regards health and safety at work, robust social protection and gender equality; calls on the Member States, in the context of the European Green Deal and the RePowerEU plan, to adopt and implement, in close cooperation with social partners, comprehensive and coherent policy packages to benefit all societal groups and to make optimal use of public and private funding, including social conditionalities for the creation of quality jobs with fair working conditions and good pay, the promotion of collective bargaining and respect for collective agreements; considers furthermore that all EU financial support to undertakings, including the Green Deal industrial plan programmes, should be made conditional on the undertakings’ compliance with the applicable working and employment conditions and/or employer obligations, including any applicablefor the creation of quality jobs, the promotion of collective bargaining and respect for collective agreements; urges the Commission and the Member States to en~~force the requirements~~sure that companies receiving public support must ~~avoid redundancies and the worsening of working conditions and that, under the EU industrial plan, undertakings must~~ respect collective bargaining and information and consultation processes with unions on investments, restructuring and any reforms;

Amendment 184 #

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA, Margarita DE LA PISA CARRIÓN

Paragraph 11

11. Calls for the EU industrial strategy to ensure that the jobs of tomorrow are not only green, but above all decent, well paid and based on good working conditions, including as regards health and safety at work, robust social protection and gender equality; calls on the Member States, in the context of the European Green Deal and the RePowerEU plan, to adopt and implement, in close cooperation with social partners, comprehensive and coherent policy packages to benefit all societal groups and to make optimal use of public and private funding, including social conditionalities for the creation of quality jobs with fair working conditions and good pay, the promotion of collective bargaining and respect for collective agreements; considers furthermore that all EU financial support to undertakings, including the Green Deal industrial plan programmes, should be made conditional on the undertakings’ compliance with the applicable working and employment conditions and/or employer obligations, including any applicable collective agreements; urges the Commission and the Member States to enforce the requirements that companies receiving public support must avoid redundancies and the worsening of working conditions and that, under the EU industrial plan,underlines furthermore that undertakings must respect collective bargaining and information and consultation processes with unions on ~~investments, restructuring and any reform~~relevant matters affecting working conditions;

Amendment 185 #

Paragraph 11

11. Calls for the EU industrial strategy to promote the role of social partners and ensure that the jobs of tomorrow are not only green, but above all decent, well paid and based on good working conditions, including as regards health and safety at work, robust social protection and gender equality; calls on the Member States, in the context of the European Green Deal and the RePowerEU plan, to adopt and implement, in close cooperation with social partners, comprehensive and coherent policy packages to benefit all societal groups and to make optimal use of public and private funding, including social conditionalities for the creation of quality jobs with fair working conditions and good pay, the promotion of collective bargaining and respect for collective agreements and worker’s rights; considers furthermore that all EU financial support to undertakings, including the Green Deal industrial plan programmes, should be made conditional on the undertakings’ compliance with the applicable working and employment conditions and/or employer obligations, including any applicable collective agreements; urges the Commission and the Member States to enforce the requirements that companies receiving public support must avoid redundancies and the worsening of working conditions and that, under the EU industrial plan, undertakings must respect collective bargaining and information and consultation processes with unions on investments, restructuring and any reforms; stresses that any companies benefiting from public funding shouldn’t be allowed to pay out dividend to their shareholders nor buy their own shares; public funding must also be linked with training obligations under which companies agree to put in place paid apprenticeships with the right to be retained, as well as cost-free, on-the-job re- and up-skilling programs for workers;

Amendment 186 #

Paragraph 11

11. Calls for the EU industrial strategy to ensure that the jobs of tomorrow are not only green, but above all decent, well paid and based on good working conditions, including as regards health and safety at work, robust social protection and gender equality; calls on the Member States, in the context of the European Green Deal and the RePowerEU plan, to adopt and implement, in close cooperation with social partners, comprehensive and coherent ~~policy packag~~measures to the benefit of all societal groups and to make optimal use of public and private funding, ~~including social conditionalities~~ for the creation of quality jobs with fair working conditions and good pay, the promotion of collective bargaining and respect for collective agreements; considers furthermore that all recipents of EU financial support ~~to undertakings~~, including the Green Deal industrial plan programmes, should ~~be made conditional on the undertakings’ compliance with~~respect the applicable working and employment conditions and/or employer obligations, including any applicable collective agreements; urges the Commission and the Member States to enforce the requirements that companies receiving public support must avoid redundancies and the worsening of working conditions and that, under the EU industrial plan, undertakings must respect collective bargaining and information and consultation processes with unions on investments, restructuring and any reforms;

Amendment 187 #

Paragraph 11

11. Calls for the EU industrial strategy to ensure that the jobs of tomorrow are not only green, but above all decent, well paid and based on good working conditions, including as regards health and safety at work, robust social protection and gender equality; calls on the Member States, in the context of the European Green Deal and the RePowerEU plan, to adopt and implement, in close cooperation with social partners, comprehensive and coherent policy packages to benefit all societal groups and to make optimal use of public and private funding, including social conditionalities for the creation of quality jobs with fair working conditions and good pay, the promotion of collective bargaining and respect for collective agreements; considers furthermore that all EU financial support to undertakings, including the Green Deal industrial plan programmes, should be made conditional on the undertakings’ compliance with the applicable working and employment conditions and/or employer obligations, including any applicable collective agreements; urges the Commission and the Member States to enforce the requirements that companies receiving public support must avoid redundancies and the worsening of working conditions and that, under the EU industrial plan, undertakings must respect collective bargaining and information and consultation processes with unions on investments, restructuring and any reforms;

Amendment 188 #

Agnes JONGERIUS, Evelyn REGNER, Milan BRGLEZ, Brando BENIFEI, Ilan DE BASSO, Carina OHLSSON, Marianne VIND, Daniela RONDINELLI, Klára DOBREV, Alicia HOMS GINEL, João ALBUQUERQUE, Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Elisabetta GUALMINI, Estrella DURÁ FERRANDIS, Gabriele BISCHOFF

Paragraph 11

11. Calls for the EU industrial strategy to ensure that the jobs of tomorrow are not only green, but above all decent, well paid and based on good working conditions, including as regards health and safety at work, robust social protection and gender equality; calls on the Member States, in the context of the European Green Deal and the RePowerEU plan, to adopt and implement, in close cooperation with social partners, comprehensive and coherent policy packages to benefit all societal groups and to make optimal use of public and private funding, including social conditionalities for the creation of quality jobs with fair working conditions and good pay, the promotion of collective bargaining and respect for collective agreements and trade union rights; considers furthermore that all EU financial support to undertakings, including the Green Deal industrial plan programmes, should be made conditional on the undertakings’ compliance with the applicable working and employment conditions and/or employer obligations, including any applicable collective agreements; urges the Commission and the Member States to enforce the requirements that companies receiving public support must avoid redundancies and the worsening of working conditions and that, under the EU industrial plan, undertakings must respect collective bargaining and information and consultation processes with unions on investments, restructuring and any reforms; public funding must also be linked with training obligations under which companies agree to put in place paid apprenticeships with the right to be retained, as well as cost-free, on-the-job re- and up-skilling programs for workers;

Amendment 189 #

Abir AL-SAHLANI, Atidzhe ALIEVA-VELI, Jordi CAÑAS, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş PÎSLARU

Paragraph 11

11. Calls for the EU industrial strategy and EU SME Strategy to ensure that the jobs of tomorrow are ~~not only green, but above all~~green and sustainable and most importantly decent, well paid and based on good working conditions, including as regards health and safety at work, robust social protection and gender equality; calls on the Member States, in the context of the European Green Deal ~~and the~~, the Recovery and Resilience Facility plans including RePowerEU ~~plan~~, to adopt and implement, in close cooperation with social partners, comprehensive and coherent policy packages to benefit all societal groups and to make optimal use of public and private funding, including social conditionalities for the creation of quality jobs with fair working conditions and good pay, the promotion of collective bargaining and respect for collective agreements; considers furthermore that all EU financial support to undertakings, including the Green Deal industrial plan programmes, should be made conditional on the undertakings’ compliance with the applicable working and employment conditions and/or employer obligations, including any applicable collective agreements; urges the Commission and the Member States to enforce the requirements that companies receiving public support must avoid redundancies ~~and~~, the worsening of working conditions, violations of health and safety standards at work and that, under the EU industrial plan, undertakings must respect collective bargaining and information and consultation processes with unions on investments, restructuring and any reforms;

Amendment 19 #

Recital A

A. whereas social ~~partnership~~dialogue and collective bargaining between trade unions and representatives of employers at ~~national level and social dialogue at~~company, sectoral, national and EU level are key aspects of the European social model, whose shared legacy of social dialogue, workers’ participation, collective bargaining, employee representation on boards, health and safety representation and tripartite system are the building blocks of a diverse and economically, socially and environmentally sustainable future that will contribute to ~~better and~~ more inclusive EU growth;

Amendment 190 #

Paragraph 11 a (new)

11 a. Calls on the Commission and Member States to make social dialogue on ecological matters and a just transition a standard practice along the policy making cycle, from agenda setting to implementation and from monitoring to reviewing. The views of the social partners should be included in all the planning and implementation phases of a just transition.

Amendment 191 #

Paragraph 11 a (new)

11a. Calls for the Union’s economic and social strategy to promote the defence of workers and their families, fair wages, the rebuilding of the primary and secondary sectors, as well as energy sovereignty, within a framework of border security and of solidarity;

Amendment 192 #

Paragraph 11 b (new)

11 b. Calls on the Commission and Member States to provide for information campaigns, training and capacity building for social partners as well as for relevant public authorities to help them become more familiar with climate-related issues and possible labour market repercussions and mitigation measures. This may include anticipating the impacts on employment, adequate and sustainable social protection for job losses and displacement, skills development and social dialogue, including the effective exercise of the right to organise and bargain collectively on climate-related issues.

Amendment 193 #

Paragraph 11 c (new)

11 c. Calls on Member States to adequately staff and fund social dialogue institutions so that they have the capacity to address climate-related issues and to strengthen their problem-solving capacity;

Amendment 194 #

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA, Margarita DE LA PISA CARRIÓN

Paragraph 12

12. Calls on the Commission to strongly enforce the social clause in the existing EU Public Procurement Directive16and to revise the directive in order to further strengthen social clauses in public contracts to require economic operators and subcontractors to fully respect workers’ right to collective bargaining and to set conditions for the full implementation of the applicable sectoral collective agreements and to exclude from tenders companies that have been condemned for engaging in criminal activities or union-busting or that have refused to participate in collective bargaining; calls for this revision to exempt all social and welfare services from procurement obligations and to establish a European exclusion mechanism to exclude primary contractors and subcontractors who have repeatedly engaged in unfair competition and tax fraud; calls on the Commission and the Member States to ensure compliance with and monitoring and enforcement of the Public Procurement Directive; _________________ 16 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).deleted

Amendment 195 #

Paragraph 12

12. Calls on the Commission to ~~strongly enforce the social clause in the existing EU Public Procurement Directive16and to revise the directive in order to further strengthen social clauses in public contracts to require~~ensure that economic operators and subcontractors tofully respect workers’ right to collective bargaining and to set conditions for the full implementation of the applicable sectoral collective agreements and to exclude from tenders companies that have been condemned for engaging in criminal activities or union-busting or that have refused to participate in collective bargaining;calls for this revision to exempt all social and welfare services from procurement obligations and to establish a European exclusion mechanism to exclude primary contractors and subcontractors who have repeatedly engaged in unfair competition and tax fraud; calls on the Commission and the Member States to ensure compliance with and monitoring and enforcement of the Public Procurement Directive; _________________ 16 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).; calls on the Commission and the Member States to ensure compliance with and monitoring and enforcement of the Public Procurement Directive;

Amendment 196 #

Paragraph 12

12. Calls on the Commission to strongly enforce the social clause inof the existing EU Public Procurement Directive16and to revise the directive in order to further strengthen social clauses in public contracts to require economic operators and subcontractors to fully respect workers’ right to collective bargaining and to set conditions for the full implementation of the applicable sectoralcollective agreements and to exclude from tenders companies that have been condemned for engaging in criminal activities or union-busting or that have refused to participate in collective bargaining;calls for this revision to exempt all social and welfare services from procurement obligations and to establish a European exclusion mechanism to exclude primary contractors and subcontractors who have repeatedly engaged in unfair competition and tax fraudrecalls that according to current EU law, it should be possible to include ensuring compliance withcollective agreements without breaching Union law on public contracts; calls on the Commission and the Member States to ensure compliance with and monitoring and enforcement of the Public Procurement Directive; _________________ 16 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).

Amendment 197 #

Abir AL-SAHLANI, Atidzhe ALIEVA-VELI, Jordi CAÑAS, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş PÎSLARU

Paragraph 12

12. Calls on the Commission to strongly enforce the social clause in the existing EU Public Procurement Directive16and to revise the directive in order to reinforce sustainable tendering criteria to promote the best use of public spending, quality employment and social inclusion,further strengtheningsocial clauses in public contracts to require economic operators and subcontractors to fully respect workers’ right to collective bargaining and to set conditions for the full implementation of the applicable sectoral collective agreements , ensuring compliance with fair working and employment conditions and the obligations resulting from the relevant collective bargaining agreements,and to exclude from tenders companies that have been condemned for engaging in criminal activities or union-busting or that have refused to participate in collective bargaining; calls for this revision to exempt all social and welfare services from procurement obligations and to establish a European exclusion mechanism to exclude primary contractors and subcontractors who have repeatedly engaged in unfair competition and tax fraud; calls on the Commission and the Member States to ensure compliance with and monitoring and enforcement of the Public Procurement Directive; throughout the full subcontracting chain, ensuring joint liability and the proper verification of self-declarations by the economic operators; _________________ 16 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).

Amendment 198 #

Paragraph 12

12. Calls on the Commission to ~~strongly~~ enforce the social clause in the existing EU Public Procurement Directive16~~and to revise the directive in order to further strengthen social clauses in~~which requires Member States to ensure that in the performance ofpublic contracts ~~to require~~economic operators ~~and subcontractors to fullyrespect workers’right to collective bargaining and to set condi~~comply with applicable obligations ~~for~~in the full implementation of the applicable sectoralcollective agreements and to exclude from tenders companies that have been condemned for engaging in criminal activities or union-busting or that have refused to participate in ields of environmental, social and labour law established by Union law, national law, collective agreements or by applicable international environmental, social and labour law provisions includingrespect for theright to organise andcollective bargaining; and calls ~~for this revision to exempt all social and welfare services from procurement obligations and to establish a European exclusion mechanism to exclude~~on social partners to enhance their efforts in making sure that economic operators are bound bycollective agreements; calls on the Member States to make sure their judicial systems have sufficient capacity to exercise their authority and addressprimary contractors and subcontractors who have repeatedly engaged in unfair competition and tax fraud; calls on the Commission and the Member States to ensure compliance with and monitoring and enforcement of the Public Procurement Directive; _________________ 16 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).

Amendment 199 #

Paragraph 12

12. Calls on the Commission and Member States to strongly enforce the social clause in the existing EU Public Procurement Directive16and to revise the directive in order to further strengthen social clauses in public contracts ~~to require~~by making it a binding requirement thateconomic operators and subcontractors to fully respect workers’ right to collective bargaining and to set conditions for the full implementation of the applicable sectoral collective agreements and to exclude from tenders companies that have been condemned for engaging in criminal activities or, environmental disasters and damages,union-busting or that have refused to participate in collective bargaining; calls for this revision to ~~exempt all social and welfare services from procurement obligations andto~~ establish a European exclusion mechanism to exclude primary contractors and subcontractors who have repeatedly engaged in unfair competition and tax fraud; calls on the Commission and the Member States to ensure compliance with and monitoring and enforcement of the Public Procurement Directive; _________________ 16 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).

Amendment 2 #

Agnes JONGERIUS, Evelyn REGNER, Milan BRGLEZ, Brando BENIFEI, Ilan DE BASSO, Carina OHLSSON, Marianne VIND, Daniela RONDINELLI, Klára DOBREV, Alicia HOMS GINEL, João ALBUQUERQUE, Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Elisabetta GUALMINI, Estrella DURÁ FERRANDIS, Gabriele BISCHOFF

Citation 7

— having regard to International Labour Organization (ILO) Convention No 135 concerning protection and facilities to be afforded to workers’ representatives in the undertaking (the Workers’ Representatives Convention), ILO convention No 155 concerning Occupational Safety and Health, ILO convention No 187 concerning Promotional Framework for Occupational Safety and Health and ILO convention no 190 concerning the elimination of violence and harassment in the world of work,

Amendment 20 #

Recital A

A. whereas social partnership and collective bargaining between trade unions and representatives of employers at national level and social dialogue at EU level are key aspects of the European social model, whose shared legacy of social dialogue, workers’ participation, collective bargaining, employee representation on boards, and health and safety representation ~~and tripartite system~~ are the building blocks of a diverse and economically, socially and environmentally sustainable future that will contribute to better and more inclusive EU growth;

Amendment 200 #

Agnes JONGERIUS, Evelyn REGNER, Milan BRGLEZ, Brando BENIFEI, Marianne VIND, Daniela RONDINELLI, Klára DOBREV, Alicia HOMS GINEL, João ALBUQUERQUE, Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Elisabetta GUALMINI, Ilan DE BASSO, Carina OHLSSON, Gabriele BISCHOFF

Paragraph 12 a (new)

12 a. Reminds the Commission and the Member States of the urgent need for a social progress protocol that, in the event of conflicts between economic freedoms and fundamental social rights, give priority to the latter

Amendment 201 #

Paragraph 13

13. Calls on the Member States to transpose as soon as possible the Adequate Minimum Wages Directive, which requires Member States to take appropriate measures to ensure that, in the awarding and carrying out of public procurement or concession contracts, economic operators and their subcontractors comply with the applicable obligations regarding wages, the right to organise and collective bargaining on wage-setting in the field of social and labour law established by Union law, national law, collective agreements and international social and labour law provisions, including ILO Conventions No 87 concerning Freedom of Association and Protection of the Right to Organise and No 98 concerning the Application of the Principles of the Right to Organise and to Bargain Collectively;deleted

Amendment 202 #

Abir AL-SAHLANI, Dragoş PÎSLARU

Paragraph 13

13. Calls on the Member States to transpose as soon as possible the Adequate Minimum Wages Directive, which requires Member States to take appropriate measures to ensure that, in the awarding and carrying out of public procurement or concession contracts, economic operators and their subcontractors comply with the applicable obligations regarding wages, the right to organise and collective bargaining on wage-setting in the field of social and labour law established by Union law, national law, collective agreements and international social and labour law provisions, including ILO Conventions No 87 concerning Freedom of Association and Protection of the Right to Organise and No 98 concerning the Application of the Principles of the Right to Organise and to Bargain Collectively;deleted

Amendment 203 #

Paragraph 13

13. Calls on the Member States to transpose ~~as soon as possible~~ the Adequate Minimum Wages Directive, wh~~ich requires~~ere applicable and according to the situation in each Member States, to take appropriate measures to ensure that, in the awarding and carrying out of public procurement or concession contracts, economic operators and their subcontractors comply with the applicable obligations regarding wages, the right to organise and collective bargaining on wage-setting in the field of social and labour law established by Union law, national law, collective agreements and international social and labour law provisions, including ILO Conventions No 87 concerning Freedom of Association and Protection of the Right to Organise and No 98 concerning the Application of the Principles of the Right to Organise and to Bargain Collectively;

Amendment 204 #

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA, Margarita DE LA PISA CARRIÓN

Paragraph 14

14. Reiterates its call on the Commission to propose a new directive on a general framework for workers’ information, consultation and participation for European companies, including subcontracting chains and franchises, and for companies that use European company mobility instruments, in order to establish minimum standards, including on anticipation of change and restructuring, in particular at company level; reiterates its call for a revision of the European Works Council Directive to ensure, inter alia, proper enforcement, access to justice and effective sanctions for violations of the rules and to improve the functioning of the special negotiating body, including by creating a transnational information and consultation process, which should be properly conducted and completed before any decisions are taken;deleted

Amendment 205 #

Abir AL-SAHLANI, Atidzhe ALIEVA-VELI, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş PÎSLARU

Paragraph 14

14. Reiterates its call on the Commission to propose a new directive on a general framework for workers’ information, consultation and participation for European companies, including subcontracting chains and franchises, and for companies that use European company mobility instruments, in order to establish minimum standards, including on anticipation of change and restructuring, in particular at company level; reiterates its call for a revision of the European Works Council Directive to ensure, inter alia, proper enforcement, access to justice and effective sanctions for violations of the rules and to improve the functioning of the special negotiating body, including by creating a transnational information and consultation process, which should be properly conducted and completed before any decisions are taken;deleted

Amendment 206 #

Paragraph 14

14. Reiterates its call on the Commission to propose a new directive on a general framework for workers’ information, consultation and participation for European companies, including subcontracting chains and franchises, and for companies that use European company mobility instruments, in order to establish minimum standards, including on anticipation of change and restructuring, in particular at company level; reiterates its call for a revision offor a revision of the European Works Council Directive with a view to clarifying its objectives, definitions and procedures, strengthening the right of employee representatives to information and consultation, particularly during restructuring processes; stresses the need to ensure the Eupropean Works Council Directive to ensure, inter alia, proper enforcement, access to justice and effective sanctions for violations of the rules and to improve the functioning of the special negotiating body, including by creatr functioning of undertakings and the capacity of their management to make decisions in an efficient and timely manner; underlines the importance of enhancing a trans~~national information and consultation process, which should be properly conducted and completed before any decisions are taken~~parency and workers’ rights to information and consultation in all types of companies, in a way the benefits both the employees and the employer; stresses that this is precisely the purpose of proper functioning social dialogue;

Amendment 207 #

Paragraph 14

14. RStrongly reiterates its call on the Commission to propose a new directive on a general framework for workers’ information, consultation and participation for European companies, including subcontracting chains and franchises, and for companies that use European company mobility instruments, in order to establish minimum standards, including on anticipation of change and restructuring, in particular at company level; reiterates its call for a revision of the European Works Council Directive to ensure, inter alia, proper enforcement, access to justice and effective sanctions for violations of the rules and to improve the functioning of the special negotiating body, including by creating a transnational information and consultation process, which should be properly conducted and completed before any decisions are taken;

Amendment 208 #

Paragraph 14

14. Reiterates its call on the Commission ~~to propose a new directive on a general framework~~following its anticipated impact assessment and in consultation with social partners, to introduce a new directive on for workers’ information, consultation and participation for European companies, ~~including subcontracting chains and franchises,~~ and for companies that use European company mobility instruments, in order to establish minimum standards, ~~including on~~on issues such as anticipation of change, digital transformation and restructuring, in particular at company level; reiterates its call for a revision of the European Works Council Directive ~~to ensure, inter alia, proper enforcement, access to justice and effective sanctions for vi~~in line with its resolautions of the rules and to improve the functioning of the special negotiating body, including by creating a transnational information and consultation process, which should be properly conducted and completed before any decisions are taken2 February 2023 with recommendations to the Commission on Revision of European Works Councils Directive;

Amendment 209 #

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA, Margarita DE LA PISA CARRIÓN

Paragraph 14 a (new)

14 a. Calls on the Commission to introduce a European regulation on decent work in subcontracting chains; stresses that such regulation shall limit the possibility to contract out and shorten the length of the subcontracting chain, promote joint and several liability, strengthen work stability, guarantee workers’ equal treatment and support trade unions and worker representatives along the entire subcontracting chain; calls on the Member states to strengthen the role of trade unions’ and workers’ representatives alongside supply chains;

Amendment 21 #

Recital A

A. whereas social ~~partnership~~dialogue and collective bargaining between trade unions and representatives of employers at national level and social dialogue at EU level are key aspects of the European social model,; wh~~ose shared legacy of~~ereas social dialogue, workers’ participation, collective bargaining, employee representation on boards, health and safety representation and tripartite system are the building blocks of a diverse and economically, socially and environmentally sustainable future that will contribute to better and more inclusive EU growth;

Amendment 210 #

Agnes JONGERIUS, Evelyn REGNER, Milan BRGLEZ, Brando BENIFEI, Marianne VIND, Daniela RONDINELLI, Klára DOBREV, Alicia HOMS GINEL, João ALBUQUERQUE, Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Elisabetta GUALMINI, Estrella DURÁ FERRANDIS, Gabriele BISCHOFF

Paragraph 14 a (new)

14 a. Stresses its deep concern of union busting practises; calls on the Commission to propose a directive guaranteeing trade unions access to workplaces for the purpose of organising, information sharing and consultation, and to secure every European citizen the right to voluntarily organise in a trade union, strengthening worker’s representation and securing social partners’ rights to collectively bargain;

Amendment 211 #

Paragraph 15

15. Calls on the Commission and the Member States to establish the necessary conditions and requirements to have at least 80 % of corporations covered by sustainable corporate governance agreements by 2030, including by establishing strategies agreed on with workers in order to positively influence environmental, social and economic development through governance practices and market presence, improve directors’ accountability as regards integrating sustainability into corporate decision-making and promote corporate governance practices that contribute to company sustainability, such as those related to, inter alia, corporate reporting, board remuneration, the maximum wage ratio, board composition and stakeholder involvement;deleted

Amendment 212 #

Abir AL-SAHLANI, Atidzhe ALIEVA-VELI, Jordi CAÑAS, Dragoş PÎSLARU

Paragraph 15

15. Calls on the Commission and the Member States to establish the necessary conditions and requirements to have at least 80 % of corporations covered by sustainable corporate governance agreements by 2030, including by establishing strategies agreed on with workers in order to positively influence environmental, social and economic development through governance practices and market presence, improve directors’ accountability as regards integrating sustainability into corporate decision-making and promote corporate governance practices that contribute to company sustainability, such as those related to, inter alia, corporate reporting, board remuneration, the maximum wage ratio, board composition and stakeholder involvementWelcomes the Commission's proposal for a Corporate Sustainability Due Diligence Directive;

Amendment 213 #

Paragraph 15

15. Calls on the Commission and the Member States to establish the necessary conditions and requirements to have at least 80 % of corporations covered by sustainable corporate governance agreements by 2030, including by establishing strategies agreed on with workers in order to positively influence environmental, social and economic development through governance practices and market presence, improve directors’ accountability as regards integrating sustainability into corporate decision- making and promote corporate governance practices that contribute to company sustainability, such as those related to, inter alia, corporate reporting, board remuneration, the maximum wage ratio, board composition and stakeholder involvementMember States to ensure that companies’ respective corporate governance models take due account of environmental, social and economic development through governance practices and market presence and promote corporate governance practices that contribute to company sustainability, in a way that does not overthrow the functioning of those respective models and that takes into account the different sizes and sectors of companies;

Amendment 214 #

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA, Margarita DE LA PISA CARRIÓN

Paragraph 15

15. Calls on the Commission and the Member States to establish the necessary conditions and requirements to ~~have at least 80 % of~~support corporations coveraged by sustainable corporate governance agreements ~~by 2030~~, including by establishing strategies ~~agreed on with workers~~ in order to positively influence environmental, social and economic development through governance practices and market presence, improve directors’ accountability as regards integrating sustainability into corporate decision- making and promote corporate governance practices that contribute to company sustainability~~, such as those related to, inter alia, corporate reporting, board remuneration, the maximum wage ratio, board composition and stakeholder involvement~~;

Amendment 215 #

Abir AL-SAHLANI, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş PÎSLARU

Paragraph 15

15. Calls on the Commission and the Member States to establish the necessary conditions ~~and requirements to have at least 80 % of~~to ensure that all corporations are covered by sustainable corporate governance agreements, in view of achieving a coverage target of at least 80% by 2030, including by establishing strategies agreed on with workers in order to positively influence environmental, social and economic development through governance practices and market presence, improve directors’ accountability as regards integrating sustainability into corporate decision- making and promote corporate governance practices that contribute to company sustainability, such as those related to, inter alia, corporate reporting, board remuneration, the maximum wage ratio, board composition and stakeholder involvement;

Amendment 216 #

Paragraph 16

16. Welcomes the fact that the Commission communication on social dialogue states that the Commission will appoint a social dialogue coordinator in each Commission service to get a better understanding of social dialogue across the institution~~; is concerned that, wi~~, as was previously proposed by the social partners themselves; stresses, however, that the social partners have the best understanding of social dialogue and should therefore be preferred as candidates for this coordinator role, for example throu~~t a clear~~gh secondments from national social partners in the Member States, which can help clarify the mandate on what their roles, rights and responsibilities entail, ~~these coordinators will have an insufficient~~in order to have the desired impact; suggests that the Commission involve these social dialogue coordinators in all employment-related aspects and effects of EU regulations and policymaking~~, beyond the scope of Article 153 TFEU~~;

Amendment 217 #

Paragraph 16

16. Welcomes the fact that the Commission communication on social dialogue states that the Commission will a~~ppoint~~ssign the role of a social dialogue coordinator in each Commission service to get a better understanding of social dialogue across the institution; ~~is concer~~underlineds th~~at, without a~~e importance of clear ~~mandate on what their roles, rights and responsibilities entail, these coordinators will~~ifying this role in order for them to have ~~an in~~sufficient impact; ~~suggests that the Commission involve these social dialogue coordinators in all employment-related aspects and effects of EU regulations and policymaking, beyond the scope of Article 153 TFEU~~reiterates and joins the call of the Commission on social partners to provide more joint outcome positions ahead of relevant Commission proposals;

Amendment 218 #

Paragraph 16

16. Welcomes the fact that the Commission communication on social dialogue states that the Commission will appoint a social dialogue coordinator in each Commission service to get a better understanding of social dialogue across the institution; is concerned that, without a clear mandate on what their roles, rights and responsibilities entail, these coordinators will have an insufficient impact; suggests that the Commission involve these social dialogue coordinators in all employment-related aspects and effects of EU regulations and policymaking~~, beyond the scope of Article 153 TFEU~~;

Amendment 219 #

Abir AL-SAHLANI, Atidzhe ALIEVA-VELI, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş PÎSLARU

Paragraph 16 a (new)

16 a. Calls on the Commission to further promote the use of ESF+ for capacity building of social partners with the aim of strengthening collective bargaining in Europe; Highlights the need for an EU Social Dialogue Fund for the development of strong, independent, and effective structures for social dialogue in Member States, where necessary;

Amendment 22 #

Recital A a (new)

A a. whereas well-functioning social dialogue between autonomous social partners is crucial to find balanced solutions to the challenges of today and tomorrow, by adjusting to the changes in the world of work in a way that benefits both workers and employers, as demonstrated inter alia by the existing framework agreements between the European social partners on active ageing and on digitalisation, as well as the ongoing negotiations on telework and the right to disconnect; whereas social dialogue have also proven necessary in times of unexpected crises, such as adaptation of working conditions during the pandemic; whereas social dialogue plays an important role in providing active support to workers transitioning to new jobs in anticipating skills needs by addressing structural change as well as strengthening Member States’ resilience;

Amendment 220 #

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA, Margarita DE LA PISA CARRIÓN

Paragraph 17

17. Calls on the Member States to ratify and implement all ILO core conventions, including No 155 concerning Occupational Safety and Health and the Working Environment and No 187 concerning the promotional framework for occupational safety and health, which have both been recently designated as ILO core conventions and which have not yet been ratified by all Member States; calls on the Commission to encourage the Member States to ratify and implement all the ILO core conventions;deleted

Amendment 221 #

Paragraph 17

17. Calls on the Member States to ratify and implement all ILO core conventions, including No 155 concerning Occupational Safety and Health and the Working Environment and No 187 concerning the promotional framework for occupational safety and health, which have both been recently designated as ILO core conventions and which have not yet been ratified by all Member States; calls upon Member states to ratify the Violence and Harassment Convention, 2019 (No. 190) of the International Labour Organization (ILO); calls on the Commission to encourage the Member States to ratify and implement all the ILO core conventions;

Amendment 222 #

Agnes JONGERIUS, Evelyn REGNER, Milan BRGLEZ, Brando BENIFEI, Ilan DE BASSO, Carina OHLSSON, Marianne VIND, Daniela RONDINELLI, Klára DOBREV, Alicia HOMS GINEL, João ALBUQUERQUE, Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Elisabetta GUALMINI, Estrella DURÁ FERRANDIS, Gabriele BISCHOFF

Paragraph 17

17. Calls on the Member States to ratify and implement all ILO core conventions, including No 155 concerning Occupational Safety and Health and the Working Environment and No 187 concerning the promotional framework for occupational safety and health, which have both been recently designated as ILO core conventions and which have not yet been ratified by all Member States, as well as ILO convention 190 concerning the elimination of violence and harassment in the world of work; calls on the Commission to encourage the Member States to ratify and implement all the ILO core conventions;

Amendment 223 #

Abir AL-SAHLANI, Jordi CAÑAS, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş PÎSLARU

Paragraph 17

17. Calls on the Member States to ratify and implement all ILO core conventions, including No 155 concerning Occupational Safety and Health and the Working Environment and No 187 concerning the promotional framework for occupational safety and health, which have both been recently designated as ILO core conventions and which have not yet been ratified by all Member States; ~~calls on the Commission to encourage the Member States to ratify and implement all the ILO core conventions;~~

Amendment 224 #

Paragraph 17

17. Calls on the Member States to ratify and implement all ILO core conventions, in~~cluding~~ particular No 155 concerning Occupational Safety and Health and the Working Environment and No 187 concerning the promotional framework for occupational safety and health, which have both been recently designated as ILO core conventions and which have not yet been ratified by all Member States; calls on the Commission to encourage the Member States to ratify and implement all the ILO core conventions;

Amendment 225 #

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA, Margarita DE LA PISA CARRIÓN

Paragraph 18

18. Calls on the ~~Commission and the~~ Member States to ensure the proper functioning of national individual and collective labour dispute settlement systems, as recommended by ~~various ILO conventions and recommendations~~ILO, including conciliation, mediation and arbitration services, in accordance with national law and practices, and which should have simplified procedures and enough resources available to assist both workers and employers and which should be free of charge and expeditious; calls on the Member States with decentralised labour mediation services to ensure that regional authorities cannot dismantle those services to guarantee a similar level of protection for all workers and employers within the national territory;

Amendment 226 #

Paragraph 18

18. Calls on the Commission and the Member States to ensure the proper functioning of individual and collective labour dispute settlement systems, as recommended by various ILO conventions and recommendations, including conciliation, mediation and arbitration services, which should have simplified procedures and enough resources available to assist both workers and employers and which should be free of charge and expeditious; calls on the Member States ~~with decentralised labour mediation services to ensure that regional authorities cannot dismantle those services to guarantee a similar~~to align the level of protection for all workers and employers within the national territory;

Amendment 227 #

Abir AL-SAHLANI, Atidzhe ALIEVA-VELI, Jordi CAÑAS, Lucia ĎURIŠ NICHOLSONOVÁ

Draft motion for a resolution
Paragraph 18

18. Calls on the ~~Commission and the~~ Member States to ensure the proper functioning of individual and collective labour dispute settlement systems~~, as recommended by various ILO conventions and recommendations~~ in accordance with national law and/or practice, including conciliation, mediation and arbitration services with the agreement of both parties, which should have simplified procedures and enough resources available to assist both workers and employers ~~and which should be free of charge and expeditious~~; calls on the Member States with decentralised labour mediation services to ensure that regional authorities ~~cannot dismantle~~maintain those services to guarantee a similar level of protection for all workers and employers within the national territory;

Amendment 228 #

Agnes JONGERIUS, Evelyn REGNER, Milan BRGLEZ, Brando BENIFEI, Marianne VIND, Daniela RONDINELLI, Klára DOBREV, Alicia HOMS GINEL, João ALBUQUERQUE, Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Elisabetta GUALMINI, Gabriele BISCHOFF

Paragraph 18 a (new)

18 a. calls on the Commission and the Member States to promote and facilitate freedom of association and collective bargaining in the informal economy as a means of raising worker’s visibility, ensuring decent working conditions and social protection, as well as tackling undeclared work;

Amendment 229 #

Paragraph 19

19. Calls on the Commission to ~~respect the agreements between European social partners at both cross-industry and sectoral level, as laid down in the T~~ensure the provisions laid down in Article 155 in the Treaty of the Functioning of the European Union (TFEU) are respected, where should management and labour so desire, the dialogue between them at Union level may lead to contractual relatieons, including agreements; highlights that respect for European social partner agreements includes their implementation either in accordance with the procedures and practices specific to management and labour and the Member States, or for matters covered by Article 153 TFEU, and at the joint request of the signatory parties ~~for matters covered by Article 153 TFEU~~, by means of a Council decision following a proposal from the Commission;

Amendment 23 #

Recital A a (new)

Aa. whereas the right to organise encompasses both a worker's right to choose a trade union and the right to choose not to join a trade union;

Amendment 230 #

Paragraph 19

19. Calls on the Commission to respect the agreements between European social partners at both cross-industry and sectoral level, as laid down in the Treaties; highlights that respect for European social partner agreements includes their implementation at the joint request of the signatory parties for matters covered by Article 153 TFEU, by means of a Council decision following a proposal from the Commission; calls on the Commission to clarify the procedure and criteria it will use to deal with agreements negotiated with a view to becoming legally binding;

Amendment 231 #

Paragraph 19 a (new)

19 a. Calls on the European Commission and Member States, in order to safeguard incentives for social partners to negotiate and take responsibility for well-functioning labour markets, to ensure that all relevant legislation leaves sufficient room of manoeuvre for equal national social partners to adapt, complement or deviate from legislation by way of autonomous collective bargaining;

Amendment 232 #

Paragraph 19 a (new)

19a. Takes the view that measures to revitalise European collective bargaining and the conclusion of agreements at European level are effectively depriving national trade unions of the power to organise and take action, undermining their autonomy and independence;

Amendment 233 #

Paragraph 19 b (new)

19b. Takes the view accordingly that centralisation of this power in supranational trade union structures is effectively undermining the involvement and participation of workers in the decision-making process and weakening their links with their own specific sectors and countries, thereby sidelining them or effectively turning them into vehicles for the implementation of agreements that run counter to their rights and interests and the national sovereignty of the Member States;

Amendment 234 #

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA, Margarita DE LA PISA CARRIÓN

Paragraph 20

20. Highlights that recital 35 of Directive (EU) 2019/212117states that ‘[i]n certain circumstances, the right of companies to carry out a cross-border operation could be used for abusive or fraudulent purposes, such as for the circumvention of the rights of employees, social security payments or tax obligations, or for criminal purposes’; considers it essential, in this regard, to adequately define ambitious EU minimum standards for information, consultation, board-level representation and the participation of workers when companies restructure across borders; calls on the Commission, in the context of its forthcoming evaluation of Directive (EU) 2019/2121, to take account of existing good practices and the results of studies on and assessments of the positive socioeconomic effects and consequences of employee representation in corporate bodies, while also amending existing directives on this issue, which could help improve corporate governance; calls on the Commission to develop initiatives to raise awareness and improve knowledge of national and EU rules governing employee representation in corporate bodies in the various Member States and to foster the exchange of best practices, including assessing the different forms of worker participation and their socioeconomic effects; reiterates that several EU legal acts concerning workers’ board-level representation rights do not establish minimum requirements for board-level representation in EU companies in their various forms or for companies that use EU company legal instruments to enable cross-border company mobility and legal reorganisation, including cross-border mergers, conversions and divisions; calls on the Commission and the Member States to take urgent and decisive action to ensure that EU companies respect workers’ information, consultation and participation rights and that, accordingly, they comply with existing EU and national legal obligations; _________________ 17 Directive (EU) 2019/2121 of the European Parliament and of the Council of 27 November 2019 amending Directive (EU) 2017/1132 as regards cross-border conversions, mergers and divisions (OJ L 321, 12.12.2019, p. 1).deleted

Amendment 235 #

Paragraph 20

20. Highlights that recital 35 of Directive (EU) 2019/212117states that ‘[i]n certain circumstances, the right of companies to carry out a cross-border operation could be used for abusive or fraudulent purposes, such as for the circumvention of the rights of employees, social security payments or tax obligations, or for criminal purposes’; considers it essential, in this regard, to adequately define ambitious EU minimum standards for information, consultation, board-level representation and the participation of workers when companies restructure across borders; calls on the Commission, in the context of its forthcoming evaluation of Directive (EU) 2019/2121, to take account of existing good practices and the results of studies on and assessments of the positive socioeconomic effects and consequences of employee representation in corporate bodies, while also amending existing directives on this issue, which could help improve corporate governance;calls on the Commission to develop initiatives to raise awareness and improve knowledge of national and EU rules governing employee representation in corporate bodies in the various Member States and to foster the exchange of best practices, including assessing the different forms of worker participation and their socioeconomic effects;reiterates that several EU legal acts concerning workers’ board-level representation rights do not establish minimum requirements for board-level representation in EU companies in their various forms or for companies that use EU company legal instruments to enable cross-border company mobility and legal reorganisation, including cross-border mergers, conversions and divisions; calls on the Commission and the Member States to take urgent and decisive action to ensure that EU companies respect workers’ information, consultation and participation rights and that, accordingly, they comply with existing EU and national legal obligations; _________________ 17 Directive (EU) 2019/2121 of the European Parliament and of the Council of 27 November 2019 amending Directive (EU) 2017/1132 as regards cross-border conversions, mergers and divisions (OJ L 321, 12.12.2019, p. 1).

Amendment 236 #

Abir AL-SAHLANI, Atidzhe ALIEVA-VELI, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş PÎSLARU

Paragraph 20

20. Highlights that recital 35 of Directive (EU) 2019/212117states that ‘[i]n certain circumstances, the right of companies to carry out a cross-border operation could be used for abusive or fraudulent purposes, such as for the circumvention of the rights of employees, social security payments or tax obligations, or for criminal purposes’;considers it essential, in this regard, to adequately define ambitious EU minimum standards for information, consultation, board-level representation and the participation of workers when companies restructure across borders;cCalls on the Commission, in the context of its forthcoming evaluation of Directive (EU) 2019/2121, to take account of existing good practices and the results of studies on and assessments of the positive socioeconomic effects and consequences of employee representation in corporate bodies, ~~while also amending existing directives on this issue,~~ which could help improve corporate governance; calls on the Commission to develop initiatives to raise awareness and improve knowledge of national and EU rules governing employee representation in corporate bodies in the various Member States and to foster the exchange of best practices, including assessing the different forms of worker participation and their socioeconomic effects; reiterates that several EU legal acts concerning workers’ board-level representation rights do not establish minimum requirements for board-level representation in EU companies in their various forms or for companies that use EU company legal instruments to enable cross-border company mobility and legal reorganisation, including cross-border mergers, conversions and divisions;calls on the Commission and the Member States to ~~take urgent and decisive actionto~~ ensure that EU companies respect workers’ information, consultation and participation rights and that, accordingly, they comply with existing EU and national legal obligations; _________________ 17 Directive (EU) 2019/2121 of the European Parliament and of the Council of 27 November 2019 amending Directive (EU) 2017/1132 as regards cross-border conversions, mergers and divisions (OJ L 321, 12.12.2019, p. 1).

Amendment 237 #

Abir AL-SAHLANI, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş PÎSLARU

Paragraph 20

20. Highlights that recital 35 of Directive (EU) 2019/212117states that ‘[i]n certain circumstances, the right of companies to carry out a cross-border operation could be used for abusive or fraudulent purposes, such as for the circumvention of the rights of employees, social security payments or tax obligations, or for criminal purposes’; considers it essential, in this regard, t~~o adequately define ambitious~~hat the provisions of the Directive 2002/14/EC laying downEU minimum standards for information, andconsultation, board-level representation and the participation of workers when companies restructure across borders; calls on the Commission, in the context of its forthcoming evaluation of Directive (EU) 2019/2121 of employees are ensured; calls on the Commission, in the context of its forthcoming evaluation of Directive (EU) 2019/2121, by 1 February 2027 and when presenting its report on the findings of the evaluation including considering the possible need to introduce a harmonised framework on board level employee representation in Union law, to take account of existing good practices and the results of studies on and assessments of the positive socioeconomic effects and consequences of employee representation in corporate bodies~~, while also amending existing directives on this issue, which could help improve corporate governance~~; calls on the Commission to develop initiatives to raise awareness and improve knowledge of national ~~and EU rule~~provisionsgoverning employee representation in corporate bodies in the various Member States and to foster the exchange of best practices, including assessing the different forms of worker participation and their socioeconomic effects; reiterates that several EU legal acts concerning workers’ board-level representation rights do not establish minimum requirements for board- level representation in EU companies in their various forms or for companies that use EU company legal instruments to enable cross- border company mobility and legal reorganisation, including cross-border mergers, conversions and divisions; calls on the ~~Commission and the~~Member States to take urgent and decisive action to ensure that ~~EU companie~~Union-scale undertakingsrespect workers’ information, consultation and participation rights and that, accordingly, they comply with existing EUnionand national legal obligations; _________________ 17 Directive (EU) 2019/2121 of the European Parliament and of the Council of 27 November 2019 amending Directive (EU) 2017/1132 as regards cross-border conversions, mergers and divisions (OJ L 321, 12.12.2019, p. 1).

Amendment 238 #

Agnes JONGERIUS, Evelyn REGNER, Milan BRGLEZ, Brando BENIFEI, Ilan DE BASSO, Carina OHLSSON, Marianne VIND, Daniela RONDINELLI, Klára DOBREV, Alicia HOMS GINEL, João ALBUQUERQUE, Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Elisabetta GUALMINI, Estrella DURÁ FERRANDIS, Gabriele BISCHOFF

Paragraph 20 a (new)

20 a. Calls on the Commission to make the necessary improvements to the legal frameworks regulating European public limited-liability companies (Societas Europea or SE) and European Cooperative Societies and, on the basis of a timely evaluation by the Commission, to the Company Law Package, and to amend them to introduce minimum EU rules governing employee participation and representation on supervisory boards, including on gender equality;

Amendment 239 #

Agnes JONGERIUS, Evelyn REGNER, Milan BRGLEZ, Brando BENIFEI, Ilan DE BASSO, Carina OHLSSON, Marianne VIND, Daniela RONDINELLI, Klára DOBREV, Alicia HOMS GINEL, João ALBUQUERQUE, Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Elisabetta GUALMINI, Estrella DURÁ FERRANDIS, Gabriele BISCHOFF

Paragraph 20 b (new)

20 b. Is convinced that introducing new digital technologies has the potential to have a positive impact on the work environment if they are implemented and monitored in a trustworthy manner, which will require timely and meaningful information and the consultation of workers’ representatives, including trade unions, to ensure full respect for their health and safety at work, data protection, equal treatment, employment stability, social protection and well-being at work, and to prevent undue exploitation and surveillance of workers, as well as discrimination and stigmatisation, in particular via management by algorithms; underlines the fact that trade unions and workers’ representatives should have the necessary access and means to assess and evaluate digital technology prior to their introduction; emphasises that new digital technologies and artificial intelligence should not replicate existing discrimination and societal biases but should help the social inclusion and participation of diverse groups; highlights the need to apply the ethics-by-default principle throughout the entire life cycle of the digital technologies in order to harness their full potential and avoid biases; stresses that social dialogue structures, sectoral collective bargaining, the provision of information to trade unions and workers’ representatives, and the consultation and participation thereof are key to providing the necessary support for workers to better build and participate in the uptake and monitoring by social partners of digital technology at the workplace;

Amendment 24 #

Recital A b (new)

A b. whereas the success of social dialogue heavily depends on the social partners’ ability to negotiate freely based on a complex set of rules and practices, which are often established in national legal systems and traditions; whereas this requires the national and European legislators to rely on the social partners’ ability to work for good conditions in the labour market, while at the same time requiring the social partners to take this responsibility seriously and find compromises that address their respective interests, also benefitting society as a whole;

Amendment 25 #

Recital A b (new)

Ab. whereas the formation of trade union associations of workers, or of mixed associations of workers and employers, is a right granted to man by natural law and must be protected by the State;

Amendment 26 #

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA, Margarita DE LA PISA CARRIÓN

Recital A c (new)

Ac. whereas the role of professional bodies is essential in order to strengthen social dialogue;

Amendment 27 #

Agnes JONGERIUS, Evelyn REGNER, Milan BRGLEZ, Brando BENIFEI, Ilan DE BASSO, Carina OHLSSON, Marianne VIND, Daniela RONDINELLI, Klára DOBREV, Alicia HOMS GINEL, João ALBUQUERQUE, Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Elisabetta GUALMINI, Estrella DURÁ FERRANDIS, Gabriele BISCHOFF

Recital B

B. whereas collective bargaining at the sectoral and cross-industry levels came under pressure or have been dismantled in some Member States in the aftermath of the 2008 financial crisis; whereas the European Semester's Country Specific Recommendations adopted between the years 2011 and 2015 requested Member States to decentralise collective bargaining systems and stop wage indexation as well as the ultra-activity of collective agreements; whereas the share of workers covered by collective agreements has declined significantly over the past 30 years, with an estimated drop in EU average coverage from about 66 % in 2000 to about 56 % in 201811, owing to labour market reforms in many Member States that decentralised collective bargaining systems, the rise of precarious forms of employment and bogus self- employment; whereas in most Member States, collective bargaining covering rates tend to be higher for employees on permanent contracts and for those working in larger companies; whereas bargaining coverage is substantially higher in countries where there are sectoral agreements and where these are frequently extended to non-covered companies or workers; _________________ 11 Visser, Jelle, Amsterdam Institute for Advanced Labour Studies, ‘Database on Institutional Characteristics of Trade Unions, Wage Setting, State Intervention and Social Pacts’, Version 6.1, November 2019.

Amendment 28 #

Recital B

B. whereas collective bargaining at the sectoral and cross-industry levels came under pressure in some Member States in the aftermath of the 2008 financial crisis; whereas the share of workers covered by collective agreements has declined significantly over the past 30 years, with an estimated drop in EU average coverage from about 66 % in 2000 to about 56 % in 201811, ~~owing to~~due to various factors such aslabour market reforms in many Member States that decentralised collective bargaining systems, the rise of precarious forms of employment and bogus self- employment; whereas in some Member States the existing regulations on collective bargaining are no longer in line with current reality;whereas those regulations were drawn up based on large workplaces with a large number of employees, whereas smaller businesses now prevail;whereas inmost Member States, collective bargaining covering rates tend to be higher for employees on permanent contracts and for those working in larger companies; _________________ 11 Visser, Jelle, Amsterdam Institute for Advanced Labour Studies, ‘Database on Institutional Characteristics of Trade Unions, Wage Setting, State Intervention and Social Pacts’, Version 6.1, November 2019.

Amendment 29 #

Abir AL-SAHLANI, Atidzhe ALIEVA-VELI, Jordi CAÑAS, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş PÎSLARU

Recital B

B. whereas collective bargaining at the sectoral and cross-industry levels came under pressure in some Member States in the aftermath of the 2008 financial crisis; whereas the share of workers covered by collective agreements in some Member States has declined significantly over the past 30 years, with an estimated drop in EU average coverage from about 66 % in 2000 to about 56 % in 201811, owing to labour market reforms in many Member States that decentralised collective bargaining systems, the rise of precarious forms of employment and bogus self-employment;whereas in most Member States, collective bargaining covering rates tend to be higher for employees on permanent contracts and for those working in larger companies; _________________ 11 Visser, Jelle, Amsterdam Institute for Advanced Labour Studies, ‘Database on Institutional Characteristics of Trade Unions, Wage Setting, State Intervention and Social Pacts’, Version 6.1, November 2019.

Amendment 3 #

Citation 7

— having regard to International Labour Organization (ILO) Convention No 98 concerning the right to organise and collective bargaining, No 135 concerning protection and facilities to be afforded to workers’ representatives in the undertaking (the Workers’ Representatives Convention) and No 154 concerning the Collective Bargaining Convention,

Amendment 30 #

Abir AL-SAHLANI, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş PÎSLARU

Recital B

B. whereas collective bargaining at the sectoral and cross-industry levels came under pressure in some Member States in the aftermath of the 2008 financial crisis; whereas the share of workers covered by collective agreements has declined significantly in some Member States over the past 30 years, w~~ith an~~hereas the estimated ~~drop in~~ EU average coverage has dropped from about 66 % in 2000 to about 56 % in 201811, ~~owing to labour market reforms in many Member States that decentralisedcollective bargaining systems, the rise of precarious forms of employment and bogus self-employment~~with contributing factors including the decline in trade union membership, regulatory changes in a number ofcollective bargaining practices and processes12a, particularly with regard to the extension of collective agreements, shifting functional hierarchies and the growing importance of company-based bargaining processes;whereas it is important to note that the situation varies greatly between Member States; whereas in most Member States, collective bargaining covering rates tend to be higher for employees on permanent contracts and for those working in larger companies; _________________ 11 Visser, Jelle, Amsterdam Institute for Advanced Labour Studies, ‘Database on Institutional Characteristics of Trade Unions, Wage Setting, State Intervention and Social Pacts’, Version 6.1, November 2019. 12a Rodriguez Contreras, Ricardo; Molina, Oscar, 'Moving with the times: Emerging practices and provisions in collective bargaining', Eurofound Publications, August 2022.

Amendment 31 #

Recital B

B. whereas collective bargaining at the sectoral and cross-industry levels came under pressure in some Member States in the aftermath of the 2008 financial crisis following the introduction of austerity measures and de-regulation of labour market institutions; whereas the share of workers covered by collective agreements has declined significantly over the past 30 years, with an estimated drop in EU average coverage from about 66 % in 2000 to about 56 % in 201811, owing to labour market ~~reforms~~deregulationin many Member States that decentralised collective bargaining systems, removed employment protection leading tothe rise of precarious forms of employment and bogus self- employment; whereas in most Member States, collective bargaining covering rates tend to be higher for employees on permanent contracts and for those working in larger companies; _________________ 11 Visser, Jelle, Amsterdam Institute for Advanced Labour Studies, ‘Database on Institutional Characteristics of Trade Unions, Wage Setting, State Intervention and Social Pacts’, Version 6.1, November 2019.

Amendment 32 #

Recital B

B. whereas collective bargaining at the sectoral and cross-industry levels came under pressure in some Member States in the aftermath of the 2008 financial crisis; whereas the share of workers covered by collective agreements has declined significantly over the past 30 years, with an estimated drop in EU average coverage from about 66 % in 2000 to about 56 % in 201811~~, owing to labour market reforms in many Member States that decentralised collective bargaining systems, the rise of precarious forms of employment and bogus self-employment~~ ; whereas in most Member States, collective bargaining covering rates tend to be higher for employees on permanent contracts and for those working in larger companies; _________________ 11 Visser, Jelle, Amsterdam Institute for Advanced Labour Studies, ‘Database on Institutional Characteristics of Trade Unions, Wage Setting, State Intervention and Social Pacts’, Version 6.1, November 2019.

Amendment 33 #

Recital B

B. whereas collective bargaining at the sectoral and cross-industry levels came under pressure or even was dismantled in some Member States in the aftermath of the 2008 financial crisis, deeply contributing to the decline of collective bargaining coverage; whereas the share of workers covered by collective agreements has declined significantly over the past 30 years, with an estimated drop in EU average coverage from about 66 % in 2000 to about 56 % in 201811, owing to labour market reforms in many Member States that decentralised collective bargaining systems, the rise of precarious forms of employment and bogus self-employment; whereas in most Member States, collective bargaining covering rates tend to be higher for employees on permanent contracts and for those working in larger companies; _________________ 11 Visser, Jelle, Amsterdam Institute for Advanced Labour Studies, ‘Database on Institutional Characteristics of Trade Unions, Wage Setting, State Intervention and Social Pacts’, Version 6.1, November 2019.

Amendment 34 #

Recital B

B. whereas collective bargaining at the sectoral and cross-industry levels came under pressure in some Member States in the aftermath of the 2008 financial crisis; whereas the share of workers covered by collective agreements has declined significantly over the past 30 years, with an estimated drop in EU average coverage from about 66 % in 2000 to about 56 % in 201811, owing to the ideologisation of some trade unions,labour market reforms in many Member States that decentralised collective bargaining systems, the rise of precarious forms of employment and bogus self-employment; whereas in most Member States, collective bargaining covering rates tend to be higher for employees on permanent contracts and for those working in larger companies; _________________ 11 Visser, Jelle, Amsterdam Institute for Advanced Labour Studies, ‘Database on Institutional Characteristics of Trade Unions, Wage Setting, State Intervention and Social Pacts’, Version 6.1, November 2019.

Amendment 35 #

Recital B

B. whereas collective bargaining at the sectoral and cross-industry levels came under pressure in some Member States in the aftermath of the 2008 financial crisis; whereas the share of workers covered by collective agreements has declined significantly over the past 30 years, with an estimated drop in EU average coverage from about 66 % in 2000 to about 56 % in 201811, owing to various reasons such aslabour market reforms in many Member States that decentralised collective bargaining systems, the rise of precarious forms of employment and bogus self- employment; whereas in most Member States, collective bargaining covering rates tend to be higher for employees on permanent contracts and for those working in larger companies; _________________ 11 Visser, Jelle, Amsterdam Institute for Advanced Labour Studies, ‘Database on Institutional Characteristics of Trade Unions, Wage Setting, State Intervention and Social Pacts’, Version 6.1, November 2019.

Amendment 36 #

Recital B

B. whereas collective bargaining at the sectoral and cross-industry levels came under growing pressure in some Member States in the aftermath of the 2008 financial crisis; whereas the share of workers covered by collective agreements has declined significantly over the past 30 years, with an estimated drop in EU average coverage from about 66 % in 2000 to about 56 % in 201811, owing to labour market reforms in many Member States that decentralised collective bargaining systems, the rise of precarious forms of employment and bogus self-employment; whereas in most Member States, collective bargaining covering rates tend to be higher for employees on permanent contracts and for those working in larger companies; _________________ 11 Visser, Jelle, Amsterdam Institute for Advanced Labour Studies, ‘Database on Institutional Characteristics of Trade Unions, Wage Setting, State Intervention and Social Pacts’, Version 6.1, November 2019.

Amendment 37 #

Abir AL-SAHLANI, Jordi CAÑAS, Dragoş PÎSLARU

Recital B a (new)

Ba. whereas EU policies have, through the most varied mechanisms, greatly contributed to curbing the scope of collective labour agreements, as well as undermining social dialogue and the rights to collective organisation and action, collective bargaining and collective agreements; whereas the Green Paper on modernising labour law to meet the challenges of the 21st century, the country-specific recommendations addressed to the Member States as part of the European Semester and the so-called financial assistance programmes have been instrumental in the assault on workers’ rights, including the rights to collective organisation and action, collective bargaining and collective agreements;

Amendment 38 #

Recital B a (new)

B a. whereas there is a need to expand collective bargaining coverage in particular in SMEs and to the solo self- employed, as defined by national law or practice, who often experience a lack of representation; whereas the Commission guidelines on the application of Union competition law to collective agreements regarding the working conditions of solo self-employed persons provide much needed clarity that certain self-employed people can negotiate collectively to improve their working conditions without breaching EU competition rules;

Amendment 39 #

Abir AL-SAHLANI, Atidzhe ALIEVA-VELI, Jordi CAÑAS, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş PÎSLARU

Recital B a (new)

B a. whereas workers under the age of 30 are only half as likely to join a trade union compared to older workers1a, while at the same time being very supportive of collective bargaining and having a high degree of trust in trade unions; _________________ 1a ESDE 2022 Annual Review

Amendment 4 #

Citation 8 a (new)

— having regard to the European Social Partners’ framework agreement on digitalisation,

Amendment 40 #

Agnes JONGERIUS, Evelyn REGNER, Milan BRGLEZ, Brando BENIFEI, Ilan DE BASSO, Carina OHLSSON, Marianne VIND, Daniela RONDINELLI, Klára DOBREV, Alicia HOMS GINEL, João ALBUQUERQUE, Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Elisabetta GUALMINI, Estrella DURÁ FERRANDIS, Gabriele BISCHOFF

Recital C

C. whereas European workers and employers are currently facing major challenges stemming from the consequences of the pandemic and, since 24 February 2022, the Russian war of aggression against Ukraine and the consequent cost-of-living and energy crisis; whereas these events have shown a pressing need for broader and stronger participation by social partners, especially if the green and digital transitions to a sustainable, fair and social future for the EU are to be achieved; whereas workers or their representatives have the right to be informed and consulted in good time on matters relevant to them, in particular on the transfer, restructuring and merger of undertakings and on collective redundancies; whereas according to Eurofound EUPolicy Watch database, social partners have been involved during the pandemic in almost half of the legislative policy measures recorded, while this involvement has decreased during 2022, when further policy measures related to the green transition, support for refugees from Ukraine and responses to the cost-of-living crisis were mapped;

Amendment 41 #

Recital C

C. whereas European workers and employers are currently facing major challenges stemming from long-standing social challenges, such as poverty, social exclusion, social crises, climate and biodiversity emergencies and inequalities which continue to grow and must be tackled; whereas those challenges and raising inequalities have been exacerbated by the consequences of the pandemic and, since 24 February 2022, the Russian war of aggression against Ukraine that has caused an energy and a cost-of- living crisis; whereas these events have shown a pressing need for broader and stronger participation by social partners, especially if the green and digital transitions to a sustainable, fair and social future for the EU are to be achieved; whereas workers or their representatives have the right to be informed and consulted in good time on matters relevant to them, in particular on the transfer, restructuring and merger of undertakings and on collective redundancies;

Amendment 42 #

Abir AL-SAHLANI, Atidzhe ALIEVA-VELI, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş PÎSLARU

Recital C

C. whereas ~~European~~ workers and ~~employer~~their families are currently facing major challenges stemming from the consequences of the pandemic and~~, since 24 February 2022~~ the resulting profiteering, the Russian war of aggression against Ukraine, sanctions and speculation, all of which have been leading to social and economic decline as a result of notable increases in the cost of essential goods and services, further undermining fundamental rights and living standards and aggravating poverty and inequality; whereas these events have shown a pressing need for broader and stronger participation by social partners, especially if the green and digital transitions to a sustainable, fair and social future for the EU are to be achieved; whereas workers or their representatives have the right to be informed and consulted in good time on matters relevant to them, in particular on the transfer, restructuring and merger of undertakings and on collective redundancies;

Amendment 43 #

Recital C

C. whereas European workers and employers are currently facing major challenges stemming from the consequences of the pandemic and, since 24 February 2022, the Russian war of aggression against Ukraine; whereas these events have shown a pressing need for broader and stronger participation by social partners, especially if the green and digital transitions to a sustainable, fair and social future for the EU are to be achieved; whereas workers or their representatives have the right to be informed and consulted in good time on matters relevant to them, in particular on the transfer, restructuring and merger of undertakings and on collective redundanciesin order to harness the opportunities of a sustainable and fair green and digital transition;

Amendment 44 #

Recital C

C. whereas European workers and employers are currently facing major challenges stemming from the consequences of the pandemic ~~and, since 24 February 2022~~, the Russian war of aggression against Ukraine, the high cost of living and profit-driven inflation; whereas these events have shown a pressing need for broader and stronger participation by social partners, especially if the green and digital transitions to a sustainable, fair and social future for the EU are to be achieved; whereas workers or their representatives have the right to be informed and consulted in good time on matters relevant to them, in particular on the transfer, restructuring and merger of undertakings and on collective redundancies;

Amendment 45 #

Recital C

C. whereas European workers and employers are currently facing major challenges stemming from the consequences of the pandemic and, since 24 February 2022, the Russian war of aggression against Ukraine; whereas these events have shown a pressing need for broader and stronger participation by social partners, especially in light of the green and digital transitions ~~to a sustainable, fair and social future for the EU are to be achieve~~and the need to leave no-one behind; whereas workers or their representatives have the right to be informed and consulted in good time on matters relevant to them, in particular on the transfer, restructuring and merger of undertakings and on collective redundancies;

Amendment 46 #

Recital C

C. whereas European workers and employers are currently facing major challenges stemming from the consequences of the pandemic and, since 24 February 2022, the Russian war of aggression against Ukraine; whereas these events have shown a pressing need for broader and stronger participation by social partners, especially if the ~~green and digital~~ transitions to a sustainable, fair and social future for the EU are to be achieved; whereas workers or their representatives have the right to be informed and consulted in good time on matters relevant to them, in particular on the transfer, restructuring and merger of undertakings and on collective redundancies;

Amendment 47 #

Abir AL-SAHLANI, Atidzhe ALIEVA-VELI, Jordi CAÑAS, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş PÎSLARU

Recital C a (new)

Ca. whereas measures to uphold and promote collective bargaining and collective agreements may provide an effective response to the spiralling cost of living and facilitate urgently needed real pay increases across the board;

Amendment 48 #

Recital D

D. whereas democracy at work plays a key role in strengthening human rights in the workplace and society, ~~in particular~~for example when workers’ representatives, including trade unions, are actively involved in businesses’ due diligence processes; whereas ~~sustainable corporate governance can only be achieved with employee involvement; whereas work~~employee involvement at the appropriate level contributes to sustainable corporate governance; whereas social partners’ voices armust be a key component of EU initiatives to ensure sustainab~~le and~~ility, democra~~tic corporate governance and due diligence on human rights, including~~cy and a fair transition, with regard to labour, ~~and on~~ climate change and the environment~~, as well as EU initiatives to reduce the use of unfair practices, such as labour exploitation and unfair competition in the single market~~;

Amendment 49 #

Abir AL-SAHLANI, Atidzhe ALIEVA-VELI, Jordi CAÑAS, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş PÎSLARU

Recital D

D. whereas democracy at work plays a key role in strengthening human rights in the workplace and society, in particular when workers’ representatives, including trade unions, are actively involved in bsus~~iness~~tainable due diligence processes; whereas sustainable corporate governance can only be achieved with ~~employe~~the involvement of workers and civil society; whereas workers’ voices are a key component of EU initiatives to ensure sustainable and democratic corporate governance and due diligence on human rights, including with regard to labour, and on climate change and the environment, as well as EU initiatives to reduce the use of unfair practices, such as labour exploitation and unfair competition in the single market;

Amendment 5 #

Citation 8 b (new)

— having regard to the European Social Partners’ autonomous framework agreement on active ageing and an inter- generational approach,

Amendment 50 #

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA, Margarita DE LA PISA CARRIÓN

Recital D

D. whereas democracy at work plays a key role in strengthening human rights in the workplace and society, in particular when workers’ representatives, including trade unions, are actively involved in business due diligence processes; whereas sustainable corporate governance can only be achieved with employee involvement; whereas ~~work~~social partners’ voices are a ~~key~~n important component of EU initiatives to ensure sustainable and democratic corporate governance and due diligence on human rights, including with regard to labour, and on climate change and the environment, as well as EU initiatives to reduce the use of unfair practices, such as labour exploitation and unfair competition in the single market;

Amendment 51 #

Recital D

D. whereas democracy at work plays a key role in strengthening human rights in the workplace and society, in particular when workers’ representatives, including trade unions, are actively involved in business due diligence processes; whereas sustainable corporate governance can only be achieved with employee involvement; whereas workers’ voices are a key component of EU initiatives to ensure sustainable and democratic corporate governance and due diligence on human rights, including with regard to labour~~, and on climate change~~ and the environment, as well as EU initiatives to reduce the use of unfair practices, such as labour exploitation and unfair competition in the single market;

Amendment 52 #

Recital D

D. whereas democracy at work plays a key role in strengthening human rights in the workplace and society, ~~in particular~~not least when workers’ representatives, including trade unions, are actively involved in business due diligence processes; whereas sustainable corporate governance ~~can only be achieve~~goes hand in hand with employee involvement; whereas ~~work~~social partners’ voices are a key component of EU initiatives to ensure sustainable and democratic corporate governance and due diligence on ~~human rights, including with regard to labour, and on climate change and the environment~~actual and potential human rights and environmental adverse impacts, as well as EU initiatives to reduce the use of unfair practices, such as labour exploitation and unfair competition in the single market;

Amendment 53 #

Recital D a (new)

Da. whereas workplace democracy goes beyond the formal participation of trade union organisations in so-called social dialogue meetings, or mere consultation of these bodies; whereas the promotion of workplace democracy calls for the safeguarding and upholding of various rights and principles, including the right to organisation, collective action and collective bargaining, trade union rights, the right to strike, the principle of prohibiting unfair dismissal and of equal pay for equal work, the principle of adapting work to human needs and reconciling family and personal life with work by setting appropriate working hours and the reduction of working time in order to enable workers to participate in political, trade union and social life;

Amendment 54 #

Abir AL-SAHLANI, Atidzhe ALIEVA-VELI, Jordi CAÑAS, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş PÎSLARU

Recital D b (new)

Db. whereas little progress can be made regarding workplace democracy if it continues to be thwarted by insecure and unregulated employment contracts, job instability, low remuneration, inadequate standards of health and safety and harassment at the workplace;

Amendment 55 #

Recital E

E. whereas Principle 8 of the European Pillar of Social Rights states that social partners should be consulted on the design and implementation of economic, employment and social policies, according to national practices; whereas social partners are also encouraged to negotiate and conclude collective agreements on matters relevant to them, while safeguarding their autonomy and the right to collective action; whereas workers or their representatives have the right to be informed and consulted in good time on matters relevant to them, in particular on the transfer, restructuring and merger of undertakings and on collective redundancies; whereas the Porto Social Commitment called on all relevant actors to promote autonomous social dialogue as a structuring component of the European social model and to strengthen it at the European, national, regional, sectoral and company levels, with particular emphasis on ensuring an enabling framework for collective bargaining within the various models that exist across the Member States;

Amendment 56 #

Recital E

E. whereas Principle 8 of the European Pillar of Social Rights states that social partners should be consulted on the design and implementation of economic, employment and social policies, according to national practices; whereas social partners are also encouraged to negotiate and conclude collective agreements on matters relevant to them, while safeguarding their autonomy and the right to collective action; whereas the Porto Social Commitment called on all relevant actors to promote autonomous social dialogue as a structuring component of the European social model and to strengthen it at the European, national, regional, local, sectoral and company levels, with particular emphasis on ensuring an enabling framework for collective bargaining within the various models that exist across the Member States;

Amendment 57 #

Abir AL-SAHLANI, Jordi CAÑAS, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş PÎSLARU

Recital E

E. whereas Principle 8 of the European Pillar of Social Rights states that social partners should be consulted on the design and implementation of economic, employment and social policies, according to national practices; whereas social partners are also encouraged to negotiate and conclude collective agreements on matters relevant to them, while safeguarding their autonomy and the right to collective action; whereas the Porto Social Commitment called on all relevant actors to promote autonomous social dialogue as a structuring component of the European social model and to strengthen it at the European, national, regional, local sectoral and company levels, with particular emphasis on ensuring an enabling framework for collective bargaining within the various models that exist across the Member States;

Amendment 58 #

Agnes JONGERIUS, Evelyn REGNER, Milan BRGLEZ, Brando BENIFEI, Ilan DE BASSO, Carina OHLSSON, Marianne VIND, Daniela RONDINELLI, Klára DOBREV, Alicia HOMS GINEL, João ALBUQUERQUE, Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Elisabetta GUALMINI, Estrella DURÁ FERRANDIS, Gabriele BISCHOFF

Recital E a (new)

E a. whereas the RRF regulation includes an obligation for Member States to consult social partners in the preparation of the National Recovery and Resilience Plans through a greater variety of settings, however the quality and intensity of the involvement is uneven and rather weak in a relatively high number of countries; whereas the review report of the Commission on the RRF states that the success of the RRF depends on the close involvement of social partners, civil society organizations, local and regional authorities, and other stakeholders;

Amendment 59 #

Recital F

F. whereas some Member States are ensuring an enabling framework for social dialogue, while in some other Member States, social dialogue is under pressure for reasons including ineffective consultation procedures, a lack of capacity and strict representational criteria; whereas the EU regulatory landscape in the field of employment law and company law remains excessively fragmented, which could result in a lack of legal certainty on applicable rules and rights for both employers and employee as well as limitations on the social partners’ freedom to autonomously negotiate and find compromises through collective bargaining; whereas the latter can manifest not only through explicit restrictions to social dialogue itself but through other types of legislation that limits the social partners’ room for manoeuvre in autonomous collective bargaining; whereas in accordance with Article 9 of the ESF+ regulation, Member States must ensure meaningful participation of the social partners in the delivery of employment, education and social inclusion policies supported by the ESF+ strand under shared management; whereas all Member States must allocate an appropriate amount of ESF+ resources, and where they have received related country-specific recommendations this shall be at least 0.25%, to capacity building of the social partners, including in the form of training, networking measures, and strengthening of the social dialogue, and to activities jointly undertaken by the social partners;

Amendment 6 #

Abir AL-SAHLANI, Atidzhe ALIEVA-VELI, Jordi CAÑAS, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş PÎSLARU

Citation 16 a (new)

— having regard to the Commission proposal for a Council Recommendation on strengthening social dialogue in the European Union (COM(2023) 38 final),

Amendment 60 #

Agnes JONGERIUS, Evelyn REGNER, Milan BRGLEZ, Brando BENIFEI, Ilan DE BASSO, Carina OHLSSON, Marianne VIND, Daniela RONDINELLI, Klára DOBREV, Alicia HOMS GINEL, João ALBUQUERQUE, Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Elisabetta GUALMINI, Estrella DURÁ FERRANDIS, Gabriele BISCHOFF

Recital F

F. whereas the involvement of social partners in policymaking and particularly in the implementation of the European Semester and the Recovery and Resilience Plans is an indicator of the quality of social dialogue; whereas some Member States are ensuring an enabling framework for social dialogue, while in some other Member States, social dialogue is under pressure for reasons including ineffective consultation procedures, a lack of capacity and strict representational criteria, attacks against workers’ rights to join or to form a trade union at the workplace, ineffective legislation that does not enable trade unions to access workplaces for the purpose of organising, attacks against the right to strike; whereas the EU regulatory landscape in the field of employment law and company law remains excessively fragmented, which could result in a lack of legal certainty on applicable rules and rights for both employers and employees;

Amendment 61 #

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA, Margarita DE LA PISA CARRIÓN

Recital F

F. whereas some Member States are ensuring an enabling framework for social dialogue, while in some other Member States, social dialogue is under pressure for reasons including legislation that does not sufficiently enable workers to exercise their right to form or to join a trade union at the workplace, legislation that does not sufficiently protect the right to strike nor guarantees the access of trade union representatives to workplaces for the purpose of organising, ineffective consultation procedures, a lack of capacity and strict representational criteria; whereas the EU regulatory landscape in the field of employment law and company law remains excessively fragmented, which could result in a lack of legal certainty on applicable rules and rights for both employers and employees;

Amendment 62 #

Recital F

F. whereas some Member States are ensuring an enabling framework for social dialogue, while in some other Member States, social dialogue is under pressure for reasons including ineffective consultation procedures, a lack of capacity and ~~strict~~ representational criteria; whereas the EU regulatory landscape in the field of employment law and company law ~~remains excessively fragmented, which could result in a lack of legal certainty on applicable rules and rights for both employers and employees~~is diverse;

Amendment 63 #

Recital F

F. whereas ~~som~~most of the Member States are ensuring an enabling framework for social dialogue, while in some other Member States, social dialogue is under pressure ~~for reasons including ineffective consultation procedures, a lack of capacity and strict representational criteria~~; whereas the EU regulatory landscape in the field of employment law and company law remains excessively fragmented, which could result in a lack of legal certainty on applicable rules and rights for both employers and employees;

Amendment 64 #

Recital F

F. whereas some Member States are ensuring an enabling framework for social dialogue, while in some other Member States, social dialogue is under pressure for reasons including belated and ineffective consultation procedures lack of respect for fundamental rights at work,, a lack of capacity and strict representational criteria; whereas the EU regulatory landscape in the field of employment law and company law remains excessively fragmented, which could result in a lack of legal certainty on applicable rules and rights for both employers and employees;

Amendment 65 #

Recital F

F. whereas some Member States are ensuring an enabling framework for social dialogue, while in some other Member States, social dialogue is under pressure for reasons including ineffective consultation procedures, a lack of capacity ~~and~~, strict representational criteria~~; whereas the EU regulatory landscape in the field of employment law and company law remains excessively fragmented, which could~~ and the limited possibilities for the national social partners to autonomously resgul~~t in a lack of legal certainty on applicable rules and rights for both employers and employee~~ate the labour market by means of collective agreements;

Amendment 66 #

Recital F

F. whereas some Member States are ensuring an enabling framework for social dialogue and collective bargaining, while in some other Member States, social dialogue isand collective bargaining are under pressure for reasons including ineffective consultation procedures, ~~a lack of capacity and strict representational criteria; whereas the EU regulatory landscape~~ rules shortening the duration and expiry periods of collective agreements and governing conditions for the suspension thereof, abandonment of the principle of upholding the ~~field of employment law and company law remains excessively fragmented, which could result in a lack of legal certainty on applicable rules and rights for both employers and employees~~best interests of workers, lack of willingness and commitment on the part of employers regarding collective bargaining or refusal to participate therein, and more widespread job insecurity;

Amendment 67 #

Abir AL-SAHLANI, Atidzhe ALIEVA-VELI, Jordi CAÑAS, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş PÎSLARU

Recital F a (new)

Fa. whereas questions relating to collective bargaining and collective agreement rights fall within the remit of the Member States, in certain cases being enshrined in their constitutions and basic laws, and should continue to do so;

Amendment 68 #

Recital G

G. whereas collective bargaining refers to all negotiations that take place according to national law and practice in each Member State between an employer, a group of employers or one or more employers’ organisations on the one hand, and one or more trade unions on the other, to determine working conditions and terms of employment; whereas a trade union is understood to be a group of workers formed to further and defend workers’ interests, under national law and/or practice; whereas an employers’ organisation is an organisation whose membership consists of individual employers, other associations of employers or both, constituted to further and defend the interests of its members, under national law and/or practice; whereas in line with the Workers’ Representatives Convention, which has been ratified by 24 Member States, workers’ representatives can be persons who are: (i) recognised as such under national law or practice, whether or not they are trade union representatives, namely, representatives designated or elected by trade unions or by members of such unions; or (ii) elected representatives, namely, representatives who are freely elected by the workers of the undertaking in accordance with relevant provisions of national laws or regulations or of collective agreements and whose functions do not include activities that are recognised as the exclusive prerogative of trade unions in the country concerned; whereas when both trade union representatives and elected representative exists in the same undertaking, elected representatives should not to be used to undermine the position of the trade unions concerned or their representatives, in particular as regards collective bargaining ,which is the prerogative of the trade union;

Amendment 69 #

Abir AL-SAHLANI, Jordi CAÑAS, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş PÎSLARU

Recital G

G. whereas collective bargaining refers to all negotiations that take place according to national law and practice in each Member State between an employer, a group of employers or one or more employers’ organisations on the one hand, and one or more trade unions or elected representatives on the other, to determine working conditions and terms of employment; whereas a trade union is understood to be a group of workers formed to further and defend workers’ interests, under national law and/or practice; whereas an employers’ organisation is an organisation whose membership consists of individual employers, other associations of employers or both, constituted to further and defend the interests of its members, under national law and/or practice; whereas in line with the Workers’ Representatives Convention, which has been ratified by 24 Member States, workers’ representatives can be persons who are: (i) recognised as such under national law or practice, whether or not they are trade union representatives, namely, representatives designated or elected by trade unions or by members of such unions; or (ii) elected representatives, namely, representatives who are freely elected by the workers of the undertaking in accordance with relevant provisions of national laws or regulations or of collective agreements and whose functions do not include activities that are recognised as the exclusive prerogative of trade unions in the country concerned; whereas when both trade union representatives and elected representative exists in the same undertaking, ~~elected represen~~Member Statives should ~~not to be used to undermine the position~~determine the respective competences of the elected representatives and of the trade unions concerned or their representatives, in particular as regards collective bargaining ~~,which is the prerogative of the trade union~~;

Amendment 7 #

Agnes JONGERIUS, Evelyn REGNER, Milan BRGLEZ, Brando BENIFEI, Ilan DE BASSO, Carina OHLSSON, Marianne VIND, Daniela RONDINELLI, Klára DOBREV, Alicia HOMS GINEL, João ALBUQUERQUE, Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Elisabetta GUALMINI, Estrella DURÁ FERRANDIS, Gabriele BISCHOFF

Citation 19 a (new)

— having regard to its resolution Strong Social Europe for Just Transitions of 17 December 2020

Amendment 70 #

Recital G a (new)

G a. whereas in line with the Workers’ Representatives Convention, which has been ratified by 24 Member States, workers’ representatives can be persons who are: (i) recognised as such under national law or practice, whether or not they are trade union representatives, namely, representatives designated or elected by trade unions or by members of such unions; or (ii) elected representatives, namely, representatives who are freely elected by the workers of the undertaking in accordance with provisions of national laws or regulations or of collective agreements and whose functions do not include activities that are recognised as the exclusive prerogative of trade unions in the country concerned; whereas when both trade union representatives and elected representative exists in the same undertaking, elected representatives should not to be used to undermine the position of the trade unions concerned or their representatives and to encourage co-operation on all relevant matters between the elected representatives and the trade unions concerned and their representatives;

Amendment 71 #

Abir AL-SAHLANI, Atidzhe ALIEVA-VELI, Jordi CAÑAS, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş PÎSLARU

Recital H

H. whereas the enabling conditions for a well-functioning social dialogue are: (i) the existence of strong, independent trade unions and technical capacity in employers’ organisations; (ii) access to relevant and timely information to participate in social dialogue and sufficient time made available for social dialogue; (iii) a commitment from all parties to engage in social dialogue, this includes the involvement of social partners in identifying relevant issues, gathering evidence, sharing information, exploring options and developing preferred solutions; (iv) respect for the fundamental rights of freedom of association and collective bargaining; and (v) appropriate institutional support; (vi) respect for social partners autonomy;

Amendment 72 #

Recital H

H. whereas the enabling conditions for a well-functioning social dialogue are: (i) the existence of strong, independent trade unions and ~~technical capacity in~~ employers’ organisations; (ii) technical capacity, (iii) access to relevant information to participate in social dialogue; (iiiv) a commitment from all parties to engage in social dialogue; (iv) respect for the fundamental rights of freedom of association and collective bargaining; and (vi) appropriate institutional support, (vii) adaptation to the digital age and promotion of collective bargaining in the new world of work; (viii) allowing independent social partners to negotiate and conclude collective agreements autonomously without undue political intervention;

Amendment 73 #

Recital H

H. whereas the enabling conditions for a well-functioning social dialogue are: (i) the existence of strong, independent trade unions and technical capacity in employers’ organisations; (ii) access to relevant information and premises to participate in social dialogue; (iii) a commitment from all parties to engage constructively and in good faith in social dialogue; (iv) respect for the fundamental rights of freedom of association and collective bargaining; and (v) appropriate institutional support; (vi) adequate protection against any acts of anti-union discrimination for trade unions’ and workers’ representatives engaging in such processes;

Amendment 74 #

Recital H

H. whereas the enabling conditions for a well-functioning social dialogue are: (i) the existence of strong, independent trade unions and technical capacity in employers’ organisations; (ii) access to relevant information to participate in social dialogue; (iii) a commitment from all parties to engage in social dialogue; (iv) respect for the fundamental rights of freedom of association and collective bargaining; and (v) appropriate institutional support; and (vi) allowing for independent social partners to negotiate and conclude collective agreements autonomously without undue political intervention;

Amendment 75 #

Recital H

H. whereas the enabling conditions for a well-functioning social dialogue are: (i) the existence of strong, independent trade unions and technical capacity in employers’ organisations; (ii) access to relevant information to participate in social dialogue; (iii) a commitment from all parties to engage in social dialogue; (iv) respect for the fundamental rights of freedom of association and collective bargaining; ~~and~~ (v) appropriate institutional support; and (vi) the autonomy of the social partners which allows them to negotiate and conclude collective agreements without undue political intervention;

Amendment 76 #

Agnes JONGERIUS, Evelyn REGNER, Milan BRGLEZ, Brando BENIFEI, Ilan DE BASSO, Carina OHLSSON, Marianne VIND, Daniela RONDINELLI, Klára DOBREV, Alicia HOMS GINEL, João ALBUQUERQUE, Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Elisabetta GUALMINI, Estrella DURÁ FERRANDIS, Gabriele BISCHOFF

Recital H

H. whereas the enabling conditions for a well-functioning social dialogue are: (i) the existence of strong, independent trade unions and technical capacity in employers’ organisations; (ii) access to relevant information to participate in social dialogue; (iii) a commitment from all parties to engage in social dialogue; (iv) respect for the fundamental rights of freedom of association and collective bargaining; and (v) appropriate institutional support and (vi) allowing for independent social partners to negotiate and conclude collective agreements autonomously;

Amendment 77 #

Recital H

H. whereas the enabling conditions for a well-functioning social dialogue are: (i) the existence of strong, independent trade unions and technical capacity in employers’ organisations; (ii) access to relevant information to participate in social dialogue; (iii) a commitment from all parties to engage in social dialogue; (iv) respect for the fundamental rights of freedom of association and collective bargaining; ~~and~~ (v) appropriate institutional support and (vi) respect for the social partners' autonomy;

Amendment 78 #

Recital H a (new)

Ha. whereas trade union representatives must safeguard the interests of workers, carefully balancing their fair claims with the prosperity of the company, its sector of activity and the national economy;

Amendment 79 #

Abir AL-SAHLANI, Atidzhe ALIEVA-VELI, Jordi CAÑAS, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş PÎSLARU

Recital I

I. whereas strong collective bargaining, in particular at sectoral or cross-industry level, contributes to ~~quality job~~create and preserve quality jobs and has positive impact on wages; whereas trade unions, workers’ representation and participation and collective bargaining coverage are essential for the enforcement of workers’ rights and the proper functioning of companies; whereas action is needed to ensure a balance of bargaining power between employers and trade unions, which can be improved by strengthening relevant legislations to enforce trade unions rights and democracy at work;

Amendment 8 #

Agnes JONGERIUS, Evelyn REGNER, Milan BRGLEZ, Brando BENIFEI, Ilan DE BASSO, Carina OHLSSON, Marianne VIND, Daniela RONDINELLI, Klára DOBREV, Alicia HOMS GINEL, João ALBUQUERQUE, Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Elisabetta GUALMINI, Estrella DURÁ FERRANDIS, Gabriele BISCHOFF

Citation 19 b (new)

— having regard the Council Decision (EU) 2022/2296 of 21 November 2022 on guidelines for the employment policies of the Member States

Amendment 80 #

Agnes JONGERIUS, Evelyn REGNER, Milan BRGLEZ, Brando BENIFEI, Ilan DE BASSO, Carina OHLSSON, Marianne VIND, Daniela RONDINELLI, Klára DOBREV, Alicia HOMS GINEL, João ALBUQUERQUE, Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Elisabetta GUALMINI, Estrella DURÁ FERRANDIS, Gabriele BISCHOFF

Recital I

I. whereas strong collective bargaining, in particular at sectoral or cross-industry level, contributes to quality jobs; whereas trade unions, workers’ representation and participation and collective bargaining coverage are essential for the enforcement of workers’ rights and the proper functioning of companies; whereas action isand better legislation to protect trade union rights are needed to ensure a balance of bargaining power between employers and trade unions, which can be improved by strengthening democracy at work;

Amendment 81 #

Recital I

I. whereas strong collective bargaining, in particular at sectoral or cross-industry level, contributes to quality jobs; whereas trade unions, workers’ representation and participation and collective bargaining coverage are essential for the enforcement of workers’ rights and can contribute to the proper functioning of companies; whereas ~~action is needed~~one of the aims of social dialogue is to ensure a balance of bargaining power between employers and trade unions~~, which can be improved by strengthening democracy at work~~;

Amendment 82 #

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA, Margarita DE LA PISA CARRIÓN

Recital J a (new)

J a. whereas the ILO guidelines for a just transition towards environmentally sustainable economies and societies for all calls for the promotion of the inclusion of specific environmental provisions through collective bargaining and collective agreements at all levels,

Amendment 83 #

Recital K

K. whereas the Council, in its conclusions of 24 October 2019 entitled ‘The Future of Work: the European Union promoting the ILO Centenary Declaration’, encouraged the Member States to continue their efforts to ratify and effectively implement the ILO conventions; whereas the Council also called on the Member States and the Commission to enhance social dialogue at all levels, including cross-border cooperation, in order to ensure the active participation of social partners in shaping the future of work ~~and achieving social justice and shared prosperity~~;

Amendment 84 #

Recital L

L. whereas social dialogue and collective bargaining are key instruments for employers and trade unions to use to establish ~~fair wages and~~and preserve fair wages, to close the pension and gender pay gap, and good quality working conditions; whereas strong collective bargaining systems increase Member States’ resilience in times of economic crisis; whereas societies with strong collective bargaining systems tend to be wealthier and more equal; whereas the right to collective bargaining is an issue that concerns all European workers and that can also have crucial implications for democracy and the rule of law, including respect for fundamental social rights; whereas collective bargaining is a European fundamental right and the EU institutions are bound to respect it by Article 28 of the Charter of Fundamental Rights of the EU; whereas in this context, policies that respect, promote and strengthen collective bargaining and the position of workers in wage-setting systems play a critical role in achieving better working conditions;

Amendment 85 #

Agnes JONGERIUS, Evelyn REGNER, Milan BRGLEZ, Brando BENIFEI, Ilan DE BASSO, Carina OHLSSON, Marianne VIND, Daniela RONDINELLI, Klára DOBREV, Alicia HOMS GINEL, João ALBUQUERQUE, Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Elisabetta GUALMINI, Estrella DURÁ FERRANDIS, Gabriele BISCHOFF

Recital L

L. whereas social dialogue and collective bargaining are key instruments for employers and trade unions to use to establish fair wages and working conditions; whereas strong collective bargaining systems increase Member States’ resilience in times of economic crisis; whereas societies with strong collective bargaining systems tend to be wealthier and more equal; whereas the right to collective bargaining is an issue that concerns all ~~European workers~~workers in Europe and that can also have crucial implications for democracy and the rule of law, including respect for fundamental social rights; whereas collective bargaining is a European fundamental right and the EU institutions are bound to respect it by Article 28 of the Charter of Fundamental Rights of the EU; whereas in this context, policies that respect, promote and strengthen collective bargaining and the position of workers in wage-setting systems play a critical role in achieving better working conditions and ensures better living conditions;

Amendment 86 #

Recital L

L. whereas social dialogue and collective bargaining are key instruments for employers and trade unions to use to establish fair wages and working conditions as well as terms of employment; whereas strong collective bargaining systems increase Member States’ resilience in times of economic crisis; whereas societies with strong collective bargaining systems tend to be wealthier and more equal; whereas the right to collective bargaining is an issue that concerns all European workers and that can also have crucial implications for democracy and the rule of law, including respect for fundamental social rights; whereas collective bargaining is a European fundamental right and the EU institutions are bound to respect it by Article 28 of the Charter of Fundamental Rights of the EU; whereas in this context, policies that respect, promote and strengthen collective bargaining and the position of workers in wage-setting systems play a critical role in achieving better working conditions;

Amendment 87 #

Abir AL-SAHLANI, Atidzhe ALIEVA-VELI, Jordi CAÑAS, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş PÎSLARU

Recital L

L. whereas social dialogue and collective bargaining are key instruments for employers and trade unions to use to establish fair wages and working conditions; whereas strong collective bargaining systems increase Member States’ resilience in times of economic crisis; whereas societies with strong collective bargaining systems tend to ~~be wealthier and more equal~~have more competitive and resilient economies; whereas the right to collective bargaining is an issue that concerns all European workers and that can also have crucial implications for democracy and the rule of law, including respect for fundamental social rights; whereas collective bargaining is a European fundamental right and the EU institutions are bound to respect it by Article 28 of the Charter of Fundamental Rights of the EU; whereas in this context, policies that respect, promote and strengthen collective bargaining and the position of workers in wage-setting systems play a critical role in achieving better working conditions;

Amendment 88 #

Recital L

L. whereas social dialogue and collective bargaining are key instruments for employers and trade unions to use to establish fair wages and working conditions; whereas strong collective bargaining systems increase Member States’ resilience in times of economic crisis; whereas societies with strong collective bargaining systems tend to be wealthier and more equal; whereas the right to collective bargaining is an issue that concerns all European workers and that can also have crucial implications for democracy and the rule of law, including respect for fundamental social rights; whereas collective bargaining is a European fundamental right and the EU institutions are bound to respect it by Article 28 of the Charter of Fundamental Rights of the EU; whereas in this context, policies that respect, promote and strengthen collective bargaining and the position of workers in wage-setting systems play a critical role in achieving ~~better~~a high standard of working conditions;

Amendment 89 #

Elżbieta RAFALSKA, Beata SZYDŁO, Anna ZALEWSKA, Margarita DE LA PISA CARRIÓN

Recital L

L. whereas social dialogue and collective bargaining are key instruments for employers and trade unions to use to establish fair wages and working conditions; whereas strong collective bargaining systems increase Member States’ resilience in times of economic crisis; whereas societies with strong collective bargaining systems tend to be wealthier and more equal; whereas the right to collective bargaining is an issue that concerns all European workers and that can also have crucial implications for democracy and the rule of law, including respect for fundamental social rights; whereas collective bargaining is a European fundamental right and the EU institutions are bound to respect it by Article 28 of the Charter of Fundamental Rights of the EU; whereas in this context, policies that respect, promote and strengthen collective bargaining and the position of workers in wage-setting systems play a ~~critical~~n important role in achieving better working conditions;

Amendment 9 #

Agnes JONGERIUS, Evelyn REGNER, Milan BRGLEZ, Brando BENIFEI, Ilan DE BASSO, Carina OHLSSON, Marianne VIND, Daniela RONDINELLI, Klára DOBREV, Alicia HOMS GINEL, João ALBUQUERQUE, Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Elisabetta GUALMINI, Estrella DURÁ FERRANDIS, Gabriele BISCHOFF

Citation 19 c (new)

— having regard the Commission action plan on the implementation of the European Pillar of Social Rights of 4 March 2021 and the Porto Declaration on social affairs adopted by the members of the European Council in May 2021

Amendment 90 #

Agnes JONGERIUS, Evelyn REGNER, Milan BRGLEZ, Brando BENIFEI, Daniela RONDINELLI, Klára DOBREV, Alicia HOMS GINEL, João ALBUQUERQUE, Vilija BLINKEVIČIŪTĖ, Marc ANGEL, Elisabetta GUALMINI, Gabriele BISCHOFF

Recital L a (new)

L a. whereas the informal economy is characterised by a high share of invisible and most vulnerable groups of workers; whereas the COVID-19 pandemic has forced a growing number of workers, especially women, to enter informal economy and exacerbated pre-existing vulnerabilities; whereas the most represented sectors in the informal economy in the EU, i.e. health, care, social work, and agriculture, are at the same time vital ones for the functioning of our societies;

Amendment 91 #

Recital L a (new)

L a. whereas social dialogue strengthens both democracy and civil society, and manifests the principle of subsidiarity where rules are made close to those whom they concern and affect;

Amendment 92 #

Recital L b (new)

L b. whereas collective bargaining allows for social partners to adjust, for instance, working conditions in a flexible and purposeful way; whereas collective bargaining systems are generally based on a complex set of rules and practices, established in national legal systems, and frequently based on longstanding traditions of the social partners;

Amendment 93 #

Recital L c (new)

L c. whereas collective bargaining systems where independent social partners have the right to negotiate and conclude collective agreements autonomously contribute to long-term predictability in the labour market; whereas a prerequisite for such well- functioning collective bargaining systems is that the national and European legislators trust the social partners' ability to take responsibility for good working conditions in the labour market and balance workers’ and employers’ interests;

Amendment 94 #

Abir AL-SAHLANI, Atidzhe ALIEVA-VELI, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş PÎSLARU

Recital M

M. whereas according to Article 152 TFEU, the Union ‘shall facilitate dialogue between the social partners, respecting their autonomy’; whereas in Commission Decision 98/500/EC13, the Commission established sectoral dialogue committees to promote dialogue between social partners across sectors at EU level and laid down precise provisions concerning the establishment, representational make-up and operation of new sectoral committees, intended to be central bodies for consultation, joint initiatives and negotiation that can lead to the conclusion of agreements and their subsequent transposition into EU laws by means of directives; whereas as the Commission acknowledged in its staff working document on the functioning and potential of the European sectoral social dialogue14, these committees have contributed to improving European employment and social policies and working conditions in Europe and have helped design appropriate industrial policies; whereas the Commission concluded that there is a direct correlation between the effectiveness of national social dialogue and effectiveness at European level, and that each influences the other; _________________ 13 Commission Decision 98/500/EC of 20 May 1998 on the establishment of Sectoral Dialogue Committees promoting the Dialogue between the social partners at European level (OJ L 225, 12.8.1998, p. 27). 14 Commission staff working document of 22 July 2010 on the functioning and potential of European sectoral social dialogue (SEC(2010)0964).

Amendment 95 #

Recital M a (new)

M a. whereas according to Article 153 TFEU, the Union shall ‘support and complement the activities of the Member States’ in a number of fields concerning employment and social policy; whereas Article 155 permits the social partners to conduct ‘dialogue at Union level’ which, if they desire, can ‘lead to contractual relations, including agreements;

Amendment 96 #

Recital N

N. whereas the Commission is responsible for promoting and facilitating European social dialogue in accordance with Article 154 TFEU; whereas European sectoral social partners and their national affiliates should continue to receive support on administrative capacity, legal assistance ~~and representation~~, representation and EU funding for joint activities through European projects and capacity-building initiatives;

Amendment 97 #

Abir AL-SAHLANI, Jordi CAÑAS, Lucia ĎURIŠ NICHOLSONOVÁ, Dragoş PÎSLARU

Recital N a (new)

N a. whereas the increasing digitalisation of the labour markets and new forms of work poses a serious challenge to the representation of vulnerable workers and might jeopardise the European social model;

Amendment 98 #

Recital O

O. whereas it is necessary for social partners to adapt and expand their outreach in order to connect to workers engaging in for example non- standard forms of work or in new forms of employment ~~suffer from~~, where such workers often experience a lack of representation; whereas the emergence of new forms of employment marequires a change of approach and mind-set amongst social partners to ensure that they remain open to, and can attract, workers with diff~~icult for trade unions to recruit new members~~erent employment contracts and statuses across all sectors such as solo self-employed or labour migrants; whereas it is crucial that this approach ensures inclusion and diversity in social partners’ membership and leadership, recognising that today’s world of work is globalised and intercultural;

Amendment 99 #