2024/0006(COD) Establishment and functioning of European Works Councils and effective enforcement of transnational information and consultation rights
Lead committee dossier:
Progress: Awaiting committee decision
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | EMPL |
RADTKE Dennis ( EPP)
|
BENIFEI Brando ( S&D),
MIHÁL Jozef ( Renew),
D'AMATO Rosa ( Verts/ALE),
LIZZI Elena ( ID),
RAFALSKA Elżbieta ( ECR),
RODRÍGUEZ PALOP Eugenia ( GUE/NGL)
|
Lead committee dossier:
Legal Basis:
TFEU 153-p1, TFEU 153-p2
Legal Basis:
TFEU 153-p1, TFEU 153-p2Events
2024/04/09
ES_PARLIAMENT - Contribution
Documents
2024/04/03
EP - Vote in committee, 1st reading
2024/03/20
CZ_CHAMBER - Contribution
Documents
2024/02/26
EP - Committee referral announced in Parliament, 1st reading
2024/02/22
EP - Amendments tabled in committee
Documents
2024/02/13
EP - Committee draft report
Documents
2024/01/25
EC - Document attached to the procedure
Documents
2024/01/25
EC - Document attached to the procedure
Documents
2024/01/25
EC - Document attached to the procedure
Documents
2024/01/25
EC - Document attached to the procedure
Documents
2024/01/25
EP - RADTKE Dennis (EPP) appointed as rapporteur in EMPL
2024/01/24
EC - Legislative proposal published
Details
PURPOSE: to revise the European Works Councils (EWCs) Directive to further improve social dialogue in the EU.
PROPOSED ACT: Directive of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: Principle 8 of the European Pillar of Social Rights reaffirms the right of workers or their representatives to be informed and consulted on matters relevant to them. With respect to transnational matters , Directive 2009/38/EC of the European Parliament and of the Council on the establishment of a European Works Council (EWC) or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees seeks to give practical effect to these basic principles by setting minimum requirements for the information and consultation of employees in Community-scale undertakings and Community-scale groups of undertakings.
EWCs therefore complement the work of national employee representative bodies.
While an evaluation of Directive 2009/38/EC published in 2018 confirmed that Directive’s added value and relevance in principle, it also identified shortcomings regarding, for instance, the effectiveness of the consultation process, access to justice, sanctions, and the interpretation of certain concepts.
This proposal aims to tackle shortcomings of the Directive, and thereby to improve the effectiveness of the framework for the information and consultation of employees at transnational level. It does not affect the EU and national rules and practices concerning the involvement of employees at national level.
In its own-initiative resolution of 2 February 2023 containing recommendations to the Commission on the revision of the European Works Councils Directive, the European Parliament called for the role and capacity of EWCs as information and consultation bodies in European-scale undertakings to be strengthened.
CONTENT: the Commission proposes to revise the European Works Councils (EWCs) Directive to further improve social dialogue in the EU.
The current Directive outlines the processes for creating EWCs and for informing and consulting them on transnational matters.
The proposed revision aims to strengthen the role of EWCs by facilitating their creation, fostering more meaningful information and consultation, and ensuring they have the necessary capacity to carry out their work. It also aims to strengthen gender balance of EWCs.
The Commission's main proposed changes include:
Clarifying the concept of transnational matters
To ensure that EWCs complement and do not overlap with the work of national information and consultation bodies, it is proposed that a clear definition for determining when EWCs must be consulted and informed be introduced. This targeted clarification aims to address the existing uncertainty and reduce the risk of disputes, while maintaining the distinction from national matters in order to prevent conflicts with national information and consultation procedures.
Giving equal rights to workers of multinational companies operating in the EU/EEA to request the creation of a new EWC
Directive 2009/38/EC does not provide the employees in the exempted undertakings with the possibility to request an establishment of a European Works Council under that Directive. However, for reasons of legal clarity, equal treatment and effectiveness, employees and their representatives in all Community-scale undertakings or Community-scale groups of undertakings should in principle have the right to request the establishment of a European Works Council.
The proposal removes the exemptions from the current Directive, allowing 5.4 million workers in 320 multinational companies with pre-existing agreements to request the establishment of an EWC.
Ensuring that workers in multinational companies are consulted in a timely and meaningful way on issues concerning them
EWC members should receive a reasoned response to their opinion before company management adopts a decision on transnational matters.
Company management must provide justifications whenever confidentiality is given as a reason for restricting the further sharing of information or not disclosing information on transnational matters.
Making sure EWCs have the necessary capacity to do their work
The updated proposed requires parties to EWC agreements to be required to specify the financial and material resources to be allocated to EWCs at least with respect to the use of experts, legal costs, and training. Moreover, they are to also specify the format of EWC meetings, which may include virtual formats if parties so agree. To improve effectiveness of existing EWCs, the new requirements in relation to financial and material resources and the format of EWC meetings apply also with respect to pre-existing EWC agreements, which may hence need to be adapted.
Strengthening gender balance
Whenever an EWC agreement is (re)negotiated, the proposal puts in place provisions to attain, as far as possible, a gender-balanced composition. This includes a requirement to actively pursue gender balance in special negotiating bodies, which are temporary groups of employee representatives negotiating an EWC agreement with the company.
This objective is defined by the target of 40% of seats on the EWC – or select committee – to be allotted to members of either gender.
Improving access to legal remedies
Member States should notify the Commission of how EWCs can bring judicial and, where applicable, administrative proceedings. Member States are also obliged to put in place effective, dissuasive and proportionate sanctions to enforce the Directive.
Documents
Documents
- Contribution: COM(2024)0014
- Contribution: COM(2024)0014
- Amendments tabled in committee: PE759.646
- Committee draft report: PE758.777
- Document attached to the procedure: SEC(2024)0035
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2024)0009
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2024)0010
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2024)0011
- Legislative proposal published: EUR-Lex
- Legislative proposal published: COM(2024)0014
- Document attached to the procedure: SEC(2024)0035
- Document attached to the procedure: EUR-Lex SWD(2024)0009
- Document attached to the procedure: EUR-Lex SWD(2024)0010
- Document attached to the procedure: EUR-Lex SWD(2024)0011
- Committee draft report: PE758.777
- Amendments tabled in committee: PE759.646
- Contribution: COM(2024)0014
- Contribution: COM(2024)0014
| Amendments | Dossier |
| 290 |
2024/0006(COD)
2024/02/22
EMPL
290 amendments...
Amendment 100 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2009/38/EC Article 1 – paragraph 4 – subparagraph 2 Those conditions shall be deemed to be met where the measures considered by management of the Community-scale undertaking or Community-scale group of undertakings can reasonably be expected:
Amendment 101 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2009/38/EC Article 1 – paragraph 4 – subparagraph 2 Those conditions shall be deemed to be met where
Amendment 102 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2009/38/EC Article 1 – paragraph 4 – subparagraph 2 Those conditions shall be deemed to be met where
Amendment 103 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2009/38/EC Article 1 – paragraph 4 – subparagraph 2 – point a Amendment 104 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2009/38/EC Article 1 – paragraph 4 – subparagraph 2 – point a Amendment 105 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2009/38/EC Article 1 – paragraph 4 – subparagraph 2 – point a Amendment 106 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2009/38/EC Article 1 – paragraph 4 – subparagraph 2 – point a Amendment 107 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2009/38/EC Article 1 – paragraph 4 – subparagraph 2 – point a (a) t
Amendment 108 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2009/38/EC Article 1 – paragraph 4 – subparagraph 2 – point a (a) the measures considered by management of the Community-scale undertaking or Community-scale group of undertakings
Amendment 109 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2009/38/EC Article 1 – paragraph 4 – subparagraph 2 – point a (a) the measures considered by management of the Community-scale undertaking or Community-scale group of undertakings
Amendment 110 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2009/38/EC Article 1 – paragraph 4 – subparagraph 2 – point a (a) the measures considered by management
Amendment 111 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2009/38/EC Article 1 – paragraph 4 – subparagraph 2 – point a (a) the measures considered by management
Amendment 112 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2009/38/EC Article 1 – paragraph 4 – subparagraph 2 – point b Amendment 113 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2009/38/EC Article 1 – paragraph 4 – subparagraph 2 – point b Amendment 114 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2009/38/EC Article 1 – paragraph 4 – subparagraph 2 – point b Amendment 115 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2009/38/EC Article 1 – paragraph 4 – subparagraph 2 – point b Amendment 116 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2009/38/EC Article 1 – paragraph 4 – subparagraph 2 – point b (b) t
Amendment 117 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2009/38/EC Article 1 – paragraph 4 – subparagraph 2 – point b (b) the measures considered by management of the Community-scale undertaking or Community-scale group of undertakings
Amendment 118 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2009/38/EC Article 1 – paragraph 4 – subparagraph 2 – point b (b) the measures considered by management of the Community-scale undertaking or Community-scale group of undertakings can reasonably be expected to affect workers in an undertaking or establishment in one Member State, and workers in an undertaking or establishment in another Member State can reasonably be expected to be directly affected by
Amendment 119 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2009/38/EC Article 1 – paragraph 4 – subparagraph 2 – point b (b) the measures considered by management
Amendment 120 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2009/38/EC Article 1 – paragraph 4 – subparagraph 2 – point b (b) the measures considered by management of the Community-scale undertaking or Community-scale group of undertakings can reasonably be expected to affect workers in an undertaking or establishment in one Member State, and workers in an undertaking or establishment in another Member State can reasonably be expected to be directly affected by
Amendment 121 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2009/38/EC Article 1 – paragraph 4 – subparagraph 2 – point b a (new) (ba) the measures considered by central management of the Community- scale undertaking or Community-scale group of undertakings can reasonably be expected to affect workers in a Member State other than that in which those measures are being considered;
Amendment 122 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2009/38/EC Article 1 – paragraph 4 – subparagraph 2 – point b a (new) (ba) The measures considered by central management of the Community- scale undertaking or Community-scale group of undertakings can reasonably be expected to affect workers in a Member State other than that in which those measures are being considered.
Amendment 123 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2009/38/EC Article 1 – paragraph 4 – subparagraph 2 – point b a (new) (ba) consequences of a severe nature are in particular the prompt and consecutive termination or discontinuation of employment relationships as well as major changes of the working conditions or the work itself. In any case, the consequences must be directly linked to the measures in question;
Amendment 124 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2009/38/EC Article 1 – paragraph 4 – subparagraph 2 – point b a (new) (ba) The immediate and consecutive termination or suspension of employment relationships as well as major changes in working conditions are considered to be serious consequences. In any event, those consequences must be directly linked to the measures in question.
Amendment 125 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2009/38/EC Article 1 – paragraph 4 a (new) 4a. In order to determine the transnational character of a matter, the scope of its possible effects on the workforce and the level of management and representation involved shall be taken into account. This includes matters which are of concern to workers in terms of the scope of their potential impact in two or more Member States, as well as matters which involve the transfer of activities between two or more Member States.
Amendment 126 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2009/38/EC Article 1 – paragraph 4 a (new) 4a. In order to determine the transnational character of a matter, the scope of its possible effects and the level of management and representation involved shall be taken into account. This includes matters which, irrespective of the number of Member States involved, are of concern to workers in terms of the scope of their potential impact, as well as matters which involve the transfer of activities between two or more Member States.
Amendment 127 #
Proposal for a directive Article 1 – paragraph 1 – point 2 Directive 2009/38/EC Article 2 – paragraph 1 – introductory sentence in Article 2(1), points (d), (f) and (g) are replaced by the following:
Amendment 128 #
Proposal for a directive Article 1 – paragraph 1 – point 2 Directive 2009/38/EC Article 2 – paragraph 1 – point c a (new) In Article 2(1), point (c), a new paragraph is added: (ca) For the purposes of this paragraph employees in third party undertakings with whom the company or its directly and indirectly-owned subsidiaries and/or branches have entered into franchise and license agreements with independent third-party companies in return for royalties in accordance with Article 3(2)(d) of this Directive shall also be taken into account;
Amendment 129 #
Proposal for a directive Article 1 – paragraph 1 – point 2 Directive 2009/38/EC Article 2 – paragraph 1 – point c a (new) In Article 2(1), point (c), a new paragraph is added: (ca) For the purposes of this paragraph employees in third party undertakings with whom the company or its directly and indirectly-owned subsidiaries and/or branches have entered into franchise and license agreements with independent third-party companies in return for royalties in accordance with Article 3(2)(d) of this Directive shall also be taken into account;
Amendment 130 #
Proposal for a directive Article 1 – paragraph 1 – point 2 Directive 2009/38/EC Article 2 – paragraph 1 – point c a (new) In Article 2(1), point (c), a new paragraph is added: (ca) For the purposes of this paragraph employees in third party undertakings with whom the company or its directly- and indirectly-owned subsidiaries and/or branches have entered into or is the ultimate parent company of a group that entered into franchise and license agreements with independent third-party companies in return for royalties in accordance with article 3(2) d) of this Directive shall also be counted;
Amendment 131 #
Proposal for a directive Article 1 – paragraph 1 – point 2 Directive 2009/38/EC Article 2 – paragraph 1 – point d Amendment 132 #
Proposal for a directive Article 1 – paragraph 1 – point 2 Directive 2009/38/EC Article 2 – paragraph 1 – point d Amendment 133 #
Proposal for a directive Article 1 – paragraph 1 – point 2 Directive 2009/38/EC Article 2 – paragraph 1 – point f “(f) ‘information’ means transmission of data by the employer to the employees’ representatives in order to enable them to acquaint themselves with the subject matter and to examine it. Information on transnational matters shall be given at such time, in such fashion and with such content as are appropriate to enable employees’ representatives to undertake an in-depth assessment of their possible impact and, where appropriate, prepare for consultations with the competent organ of the Community-scale undertaking or Community-scale group of undertakings;
Amendment 134 #
Proposal for a directive Article 1 – paragraph 1 – point 2 Directive 2009/38/EC Article 2 – paragraph 1 – point f “(f) ‘information’ means transmission of data by the employer to the employees’ representatives in order to enable them to acquaint themselves with the subject matter and to examine it. Information on transnational matters shall be given at such time, in such fashion and with such content as are appropriate to enable employees’ representatives to undertake an in-depth assessment of their possible impact and, where appropriate, prepare for consultations with the competent organ of the Community-scale undertaking or Community-scale group of undertakings;
Amendment 135 #
Proposal for a directive Article 1 – paragraph 1 – point 2 Directive 2009/38/EC Article 2 – paragraph 1 – point g (g) ‘consultation’ means the establishment of dialogue and exchange of views between employees’ representatives and central management or any more appropriate level of management; Consultation shall take place at such time, in such fashion and with such content as it enables employees’ representatives to express an opinion prior to the adoption of the decision without prejudice to the responsibilities of the management, and within a reasonable time taking into account the urgency of the matter. The employees’ representatives shall be entitled to a reasoned written response from the central management or any more appropriate level of management prior to the adoption of the decision on the measures in question, provided the employee representatives expressed their opinion within a reasonable time in accordance with the first sentence;”
Amendment 136 #
Proposal for a directive Article 1 – paragraph 1 – point 2 Directive 2009/38/EC Article 2 – paragraph 1 – point g (g) ‘consultation’ means the establishment of dialogue and exchange of views between employees’ representatives and central management or any more appropriate level of management; Consultation shall take place at such time, in such fashion and with such content as it enables employees’ representatives to express an opinion based on, but not limited to, the information provided by the central management, and that is prior to the adoption of the decision, ensuring that the European Works Council can coordinate its opinion with employees´ representatives at local and national level with the aim to deliver its opinion before the consultation procedure is finalised at the respective level, without prejudice to the responsibilities of the management, and within a reasonable time taking into account the urgency of the matter. The employees’ representatives shall be entitled to a reasoned written response from the central management or any more appropriate level of management prior to the adoption of the decision on the measures in question, provided the employee representatives expressed their opinion within a reasonable time in accordance with the first sentence;”
Amendment 137 #
Proposal for a directive Article 1 – paragraph 1 – point 2 Directive 2009/38/EC Article 2 – paragraph 1 – point i a (new) (ia) ‘reasonable costs‘ concern expenses that are directly related to the proper functioning and operating of the special negotiating body or the European Works Council, the training of their members or those, which have a justifiable link to the provision of relevant advice or representation to fulfil their mission. When a European Works Council agreement is reached, it shall include a price range for each relevant category of expenses.
Amendment 138 #
Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive 2009/38/EC Article 3 – paragraph 1 1. For the purposes of this Directive, ‘controlling undertaking’ means an undertaking which can exercise a dominant influence over another undertaking (the controlled undertaking) by virtue, for example, of ownership, financial participation, decision control or the rules which govern it.
Amendment 139 #
Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive 2009/38/EC Article 3 – paragraph 1 1. For the purposes of this Directive, ‘controlling undertaking’ means an undertaking which can exercise a dominant influence over another undertaking (the controlled undertaking) by virtue, for example, of ownership, financial participation, decision control or the rules which govern it.
Amendment 140 #
Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive 2009/38/EC Article 3 – paragraph 2 – subparagraph 1 Amendment 141 #
Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive 2009/38/EC Article 3 – paragraph 2 – point c a (new) In Article 3(2), a new point (ca) is added: (ca) operates directly and indirectly in the internal market selling goods or providing services through franchise or license agreements concluded with independent third-party companies in return for royalties where these agreements ensure a common identity, a common business name and/or concept and the application of uniform business methods;
Amendment 142 #
Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive 2009/38/EC Article 3 – paragraph 2 – point c a (new) In Article 3(2), a new point (ca) is added: (ca) operates directly and indirectly in the internal market selling goods or providing services through franchise or license agreements concluded with independent third-party companies in return for royalties where these agreements ensure a common identity, a common business name and/or concept and the application of uniform business methods;
Amendment 143 #
Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive 2009/38/EC Article 3 – paragraph 2 – point c a (new) In Article 3(2), a new point (ca) is added: (ca) operates or is the ultimate parent company of a group that operates, in the internal market selling goods or providing services through franchise or license agreements concluded with independent third-party companies in return for royalties where these agreements ensure a common identity, a common business name and/or concept and the application of uniform business methods;
Amendment 144 #
Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive 2009/38/EC Article 3 – paragraph 2 – point c a (new) In Article 3(2), a new point (ca) is added: (ca) exercises a decisive influence over the activities of that undertaking through conclusion of franchise or license agreements, where these agreements ensure a common identity, a common business name and/or concept and the application of uniform business methods
Amendment 145 #
Proposal for a directive Article 1 – paragraph 1 – point 2 b (new) Directive 2009/38/EC Article 3 – paragraph 2 – point c b (new) In Article 3(2), a new point (cb) is added: (cb) can otherwise exercise decisive influence on the composition, voting, or decisions of the decision-making bodies of that undertaking, even if this influence is not exercised through traditional means such as share ownership.
Amendment 146 #
Proposal for a directive Article 1 – paragraph 1 – point 2 b (new) Directive 2009/38/EC Article 3 – paragraph 2 – subparagraph 1 a (new) In Article 3(2), a new subparagraph is added: Joint venture systems and franchising and/or licensing agreements shall be presumed to be covered by this Directive.
Amendment 147 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point –a (new) Directive 2009/38/EC Article 5 – paragraph 1 1. In order to achieve the objective set out in Article 1(1), the central management shall initiate negotiations for the establishment of a European Works Council or an information and consultation procedure on its own initiative or at the either joint or separate written request of at least 100 employees or their representatives representing together in at least two undertakings or establishments in at least two different Member States.
Amendment 148 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point –a (new) Directive 2009/38/EC Article 5 – paragraph 1 2. In order to achieve the objective set out in Article 1(1), the central management shall initiate negotiations for the establishment of a European Works Council or an information and consultation procedure on its own initiative or at the either joint or separate written request of at least 100 employees or their representatives representing together in at least two undertakings or establishments in at least two different Member States.
Amendment 149 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point –a (new) Directive 2009/38/EC Article 5 – paragraph 2 – introductory part Amendment 150 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point –a (new) Directive 2009/38/EC Article 5 – paragraph 2 – introductory part Amendment 151 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a Directive 2009/38/EC Article 5 – paragraph 2 – point a Amendment 152 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a Directive 2009/38/EC Article 5 – paragraph 2 – point b “(b) The members of the special negotiating body shall be elected or appointed in proportion to the number of employees employed in each Member State by the Community-scale undertaking or the Community-scale group of undertakings,
Amendment 153 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a Directive 2009/38/EC Article 5 – paragraph 2 – point b “(b) The members of the special negotiating body shall be elected or appointed in proportion to the number of employees employed in each Member State by the Community-scale undertaking or the Community-scale group of undertakings, in a manner that strives to achieve a
Amendment 154 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a Directive 2009/38/EC Article 5 – paragraph 2 – point b “(b) The members of the special negotiating body shall be elected or appointed in proportion to the number of employees employed in each Member State by the Community-scale undertaking or the Community-scale group of undertakings, in a manner that strives to achieve a gender- balanced representation, by allocating in respect of each Member State one seat per portion of employees employed in that Member State, amounting to 10 %, or a fraction thereof, of the number of employees employed in all the Member States taken together. Where more than one member of a special negotiating body is to be appointed from a Member State, the delegation shall be gender-balanced;”;
Amendment 155 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a a (new) Directive 2009/38/EC Article 5 – paragraph 2 – point b a (new) (aa) in paragraph 2, a new point (ba) is inserted: (ba) Member States shall establish a procedure for electing or appointing members of the special negotiating body in Community-scale group of undertakings operating in the internal market "through franchise or license agreements pursuant to article 3(2)(ca) of this Directive;
Amendment 156 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a a (new) Directive 2009/38/EC Article 5 – paragraph 2 – point c a (new) (aa) in paragraph 2, a new point (ca) is inserted: (ca) Member States shall establish a procedure for electing or appointing members of the special negotiating body in Community-scale group of undertakings operating in the internal market through franchise or license agreements pursuant to article 3(2)d) of this Directive;
Amendment 157 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a a (new) Directive 2009/38/EC Article 5 – paragraph 2 – point b a (new) (aa) in paragraph 2, a new point (ba) is inserted: (ba) operates in the internal market selling goods or providing services through franchise or license agreements concluded with independent third-party companies in return for royalties where these agreements ensure a common identity, a common business name and/or concept and the application of uniform business methods.;
Amendment 158 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a b (new) Directive 2009/38/EC Article 5 – paragraph 4 – subparagraph 3 Amendment 159 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a b (new) Directive 2009/38/EC Article 5 – paragraph 4 – subparagraph 3 Amendment 160 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a b (new) Directive 2009/38/EC Article 5 – paragraph 4 – subparagraph 3 Amendment 161 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point b Directive 2009/38/EC Article 5 – paragraph 6 – subparagraph 1 Amendment 162 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point b Directive 2009/38/EC Article 5 – paragraph 6 – subparagraph 1 (b) paragraph 6 is amended as follows: – in the first subparagraph, the following sentences are added: “These expenses shall include reasonable costs of one expert
Amendment 163 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point b – indent 1 Directive 2009/38/EC Article 5 – paragraph 6 – subparagraph 1 “These expenses shall include reasonable costs of experts, including for legal assistance, insofar as necessary for that purpose
Amendment 164 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point b – indent 1 Directive 2009/38/EC Article 5 – paragraph 6 – subparagraph 1 “These expenses shall include reasonable costs
Amendment 165 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point b – indent 1 Directive 2009/38/EC Article 5 – paragraph 6 – subparagraph 1 “These expenses
Amendment 166 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point b – indent 1 Directive 2009/38/EC Article 5 – paragraph 6 – subparagraph 1 “These expenses shall include
Amendment 167 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point b – indent 1 Directive 2009/38/EC Article 5 – paragraph 6 – subparagraph 1 “These expenses shall include reasonable costs of experts, including for legal assistance, insofar as necessary for that purpose, as well as reasonable costs of legal representation and participation in administrative or judicial proceedings. Expenses shall be
Amendment 168 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point b – indent 1 Directive 2009/38/EC Article 5 – paragraph 6 – subparagraph 1 “These expenses shall include reasonable costs of the representative of a recognised Union-level trade union organisation, further experts, including for legal assistance, insofar as necessary for that purpose, as well as reasonable costs of legal representation and participation in administrative or judicial proceedings. Expenses shall be notified to central management before they are incurred.”;
Amendment 169 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point b – indent 1 Directive 2009/38/EC Article 5 – paragraph 6 – subparagraph 1 “These expenses shall include reasonable costs of the representative of a recognised Union-level trade union organisation, further experts, including for legal assistance, insofar as necessary for that purpose, as well as reasonable costs of legal representation and participation in administrative or judicial proceedings. Expenses shall be notified to central management before they are incurred.”;
Amendment 170 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point b – indent 1 Directive 2009/38/EC Article 5 – paragraph 6 – subparagraph 1 “These expenses shall include reasonable costs of the representative of a recognised Union-level trade union organisation, experts, including for legal assistance, insofar as necessary for that purpose, as well as reasonable costs of legal representation and participation in administrative or judicial proceedings. Expenses shall be notified to central management before they are incurred.”;
Amendment 171 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point b – indent 2 Directive 2009/38/EC Article 5 – paragraph 6 – subparagraph 2 Amendment 172 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point b – indent 2 Directive 2009/38/EC Article 5 – paragraph 6 – subparagraph 2 Amendment 173 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point b – indent 2 Directive 2009/38/EC Article 5 – paragraph 6 – subparagraph 2 Amendment 174 #
Proposal for a directive Article 1 – paragraph 1 – point 3 a (new) Directive 2009/38/EC Article 5 a (new) The following new article 5a is inserted: Article 5a Objectives with regard to gender balance on European Works Councils and select committees 1. The central management and the special negotiating body, when establishing a new European Works Council, or the central management and the European Works Council, when renegotiating a European Works Council agreement, shall negotiate in a spirit of sincere cooperation the necessary arrangements in order to ensure that European Works Councils are subject to the following objectives: (a) the underrepresented sex comprise at least 40% of European Works Council members; (b) members of the underrepresented sex hold at least 40% of select committee positions. The number of European Works Council members and select committee positions deemed to be necessary to attain the objectives laid down in the first subparagraph shall be the number closest to the proportion of 40%, but not exceeding 49%.”;
Amendment 175 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point a – indent 1 Directive 2009/38/EC Article 6 – paragraph 2 – point c a (new) (ca) the matter of the Community-scale undertaking or Community-scale group of undertakings that shall be considered as transnational as referred to in Article 4 of this Directive;
Amendment 176 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point a – indent 1 Directive 2009/38/EC Article 6 – paragraph 2 – point d (d) the format (which shall be mainly in a virtual environment, using online meeting and voting tools), language (which shall be the official language of the Member State in which the company has its headquarter and English), venue, frequency and duration of meetings of the European Works Council;”;
Amendment 177 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point a – indent 1 Directive 2009/38/EC Article 6 – paragraph 2 – point d (d) the format, venue, which shall be mainly in a virtual environment, using online meeting and voting tools, the language, which shall be the official language of the member state in which the company has its headquarter and the English language, and the frequency and duration of meetings of the European Works Council;”;
Amendment 178 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point a – indent 1 Directive 2009/38/EC Article 6 – paragraph 2 – point d (d) the format,
Amendment 179 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point a – indent 1 Directive 2009/38/EC Article 6 – paragraph 2 – point d (d) the
Amendment 180 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point a – indent 1 Directive 2009/38/EC Article 6 – paragraph 2 – point d (d) the
Amendment 181 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point a – indent 1 Directive 2009/38/EC Article 6 – paragraph 2 – point d (d) the
Amendment 182 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point a – indent 1 Directive 2009/38/EC Article 6 – paragraph 2 – point d (d) the
Amendment 183 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point a – indent 2 Directive 2009/38/EC Article 6 – paragraph 2 – point f “(f) the financial and material resources to be allocated to the European Works Council, including at least with respect to
Amendment 184 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point a – indent 2 Directive 2009/38/EC Article 6 – paragraph 2 – point f “(f) the reasonable financial and material resources to be allocated to the European Works Council, including at least with respect to the following aspects:
Amendment 185 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point a – indent 2 Directive 2009/38/EC Article 6 – paragraph 2 – point f – indent 1 Amendment 186 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point a – indent 2 Directive 2009/38/EC Article 6 – paragraph 2 – point f – indent 1 – the
Amendment 187 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point a – indent 2 Directive 2009/38/EC Article 6 – paragraph 2 – point f – indent 1 – the
Amendment 188 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point a – indent 2 Directive 2009/38/EC Article 6 – paragraph 2 – point f – indent 1 – the
Amendment 189 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point a – indent 2 Directive 2009/38/EC Article 6 – paragraph 2 – point f – indent 1 – the possible use of experts
Amendment 190 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point a – indent 2 Directive 2009/38/EC Article 6 – paragraph 2 – point f – indent 1 – the
Amendment 191 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point a – indent 2 Directive 2009/38/EC Article 6 – paragraph 2 – point f – indent 1 – the
Amendment 192 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point a – indent 2 Directive 2009/38/EC Article 6 – paragraph 2 – point f – indent 1 – the
Amendment 193 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point a – indent 2 Directive 2009/38/EC Article 6 – paragraph 2 – point f – indent 2 Amendment 194 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point a – indent 2 Directive 2009/38/EC Article 6 – paragraph 2 – point f - indent 2 – justified necessity of the use of legal representation and participation of the European Works Council, or of its members on its behalf, in administrative or judicial proceedings;
Amendment 195 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point a – indent 2 Directive 2009/38/EC Article 6 – paragraph 2 – point f - indent 2 – justified necessity of the use of legal representation and participation of the European Works Council, or of its members on its behalf, in administrative or judicial proceedings;
Amendment 196 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point a – indent 2 Directive 2009/38/EC Article 6 – paragraph 2 – point f – indent 2 – legal representation and participation of the European Works Council, or of its members on its behalf, in administrative or judicial proceedings, upon justification that they are probable;
Amendment 197 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point a – indent 2 Directive 2009/38/EC Article 6 – paragraph 2 – point f – indent 3 Amendment 198 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point a – indent 2 Directive 2009/38/EC Article 6 – paragraph 2 – point f - indent 3 – the provision of relevant, reasoned and necessary training to the members of the European Works Council, without prejudice to the minimum requirement in Article 10(4), first subparagraph;”;
Amendment 199 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point a – indent 2 Directive 2009/38/EC Article 6 – paragraph 2 – point f - indent 3 – the provision of relevant and necessary training to the members of the European Works Council, without prejudice to the minimum requirement in Article 10
Amendment 200 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point a – indent 2 Directive 2009/38/EC Article 6 – paragraph 2 – point f - indent 3 – the provision of necessary and relevant training to the members of the European Works Council, without prejudice to the minimum requirement in Article 10(4), first subparagraph;”;
Amendment 201 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point a – indent 2 Directive 2009/38/EC Article 6 – paragraph 2 – point f – indent 3 – the provision of relevant training to the members of the European Works Council, upon justification that it is required, without prejudice to the minimum requirement in Article 10(4), first subparagraph;”;
Amendment 202 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point a – indent 2 Directive 2009/38/EC Article 6 – paragraph 2 – subparagraph 2 Amendment 203 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point a – indent 2 Directive 2009/38/EC Article 6 – paragraph 2 – subparagraph 2 Amendment 204 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point a – indent 2 Directive 2009/38/EC Article 6 – paragraph 2 – subparagraph 2 Amendment 205 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point a – indent 2 Directive 2009/38/EC Article 6 – paragraph 2 – subparagraph 2 The requirement to determine the elements listed in the first subparagraph, as amended by [OP: insert reference to this amending Directive*], shall apply also with respect to European Works Council agreements concluded before [OP: insert date laid down in the second subparagraph of Article 2 of this amending Directive.]
Amendment 206 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point a – indent 2 Directive 2009/38/EC Article 6 – paragraph 2 – subparagraph 2 The requirement to determine the elements listed in the first subparagraph, as amended by [OP: insert reference to this amending Directive*], shall apply also with respect to European Works Council agreements concluded before [OP: insert date laid down in the second subparagraph of Article 2 of this amending Directive.].
Amendment 207 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point b Directive 2009/38/EC Article 6 – paragraph 2 a Amendment 208 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point b Directive 2009/38/EC Article 6 – paragraph 2 a “2a. The central management and the special negotiating body, when negotiating or renegotiating a European Works Council agreement, shall agree and lay down the necessary arrangements for
Amendment 209 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point b Directive 2009/38/EC Article 6 – paragraph 2 a “2a. The central management and the special negotiating body, when negotiating or renegotiating a European Works Council agreement, shall agree and lay down the necessary arrangements for attaining, as far as possible, and without prejudice to national laws on electing workers representatives, the objective of gender balance
Amendment 210 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point b Directive 2009/38/EC Article 6 – paragraph 2 a “2a. The central management and the special negotiating body, when negotiating or renegotiating a European Works Council agreement, shall agree and lay down the necessary arrangements for attaining, as far as possible, and without prejudice to national laws on electing workers representatives, the objective of
Amendment 211 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point b Directive 2009/38/EC Article 6 – paragraph 2 a “2a. The central management and the special negotiating body, when negotiating
Amendment 212 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point b Directive 2009/38/EC Article 6 – paragraph 2 a “2a. The central management and the special negotiating body, when negotiating
Amendment 213 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point b Directive 2009/38/EC Article 6 – paragraph 2 a “2a. The central management and the special negotiating body, when negotiating
Amendment 214 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point b Directive 2009/38/EC Article 6 – paragraph 2 a “2a. The central management and the special negotiating body, when negotiating or renegotiating a European Works Council agreement, shall agree and lay down the necessary arrangements for attaining, as far as possible, and without prejudice to national laws on electing workers representatives, the objective of gender balance
Amendment 215 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point b a (new) Directive 2009/38/EC Article 6 – paragraph 2 b (new) (4a) in Article 6, the following paragraph 2b is inserted: 2b. Unless otherwise specified, the European Works Council shall have the mandate to terminate the agreement. Management and the European Works Council shall engage in negotiations. The existing agreement shall remain in force for the duration of the negotiations. Unless a new agreement is reached within two years of the termination of the agreement, the subsidiary requirements laid down by the legislation of the Member State in which the central management is situated shall apply.
Amendment 216 #
Proposal for a directive Article 1 – paragraph 1 – point 5 Directive 2009/38/EC Article 7 – paragraph 1 – indent 2 a (new) (5) in Article 7, paragraph 1, a new indent is inserted between the second and the third indent : “– where the special negotiating body is not convened on a regular basis, and at least four times per year.”
Amendment 217 #
Proposal for a directive Article 1 – paragraph 1 – point 5 Directive 2009/38/EC Article 7 – paragraph 1 – indent 3 Amendment 218 #
Proposal for a directive Article 1 – paragraph 1 – point 5 Directive 2009/38/EC Article 7 – paragraph 1 – indent 3 Amendment 219 #
Proposal for a directive Article 1 – paragraph 1 – point 5 Directive 2009/38/EC Article 7 – paragraph 1 – indent 3 — where, after
Amendment 220 #
Proposal for a directive Article 1 – paragraph 1 – point 5 Directive 2009/38/EC Article 7 – paragraph 1 – indent 3 — where, after
Amendment 221 #
Proposal for a directive Article 1 – paragraph 1 – point 5 Directive 2009/38/EC Article 7 – paragraph 1 – indent 3 a (new) in Article 7(1), the following indent is added: — where an agreement as laid down in Article 6 has been terminated and no new agreement has been concluded within 12 months after the last day of validity of that agreement.
Amendment 222 #
Proposal for a directive Article 1 – paragraph 1 – point 5 Directive 2009/38/EC Article 7 – paragraph 1 – indent 3 b (new) in Article 7(1), a new indent is added: — where the special negotiating body is not convened on a regular basis, and at least four times per year.
Amendment 223 #
Proposal for a directive Article 1 – paragraph 1 – point 5 a (new) Directive 2009/38/EC Article 7 – paragraph 1 – subparagraph 1 a (new) in Article 7(1), the following subparagraph is added: In case one of the situations listed under indents 1 to 4, the central management shall immediately initiate the establishment of a European Works Council in accordance with the subsidiary requirements.
Amendment 224 #
Proposal for a directive Article 1 – paragraph 1 – point 5 a (new) Directive 2009/38/EC Article 7 – paragraph 1 – subparagraph 1 a (new) in Article 7(1), the following subparagraph is inserted in the end: “If indents 1, 2, 3 or 4 apply, the central management shall immediately initiate the establishment of a European Works Council in accordance with the subsidiary requirements.”
Amendment 225 #
Proposal for a directive Article 1 – paragraph 1 – point 5 Directive 2009/38/EC Article 7 a (new) the following article is inserted: Article 7a Principle of subsidiarity All information and consultation rights provided for in this Directive shall be entirely independent of the information and consultation procedures provided for in national law and practice. Wherever possible, such information and consultation procedures shall be carried out with workers and their representatives at national level, in preference to Union- scale organisations.
Amendment 226 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2009/38/EC Article 8 – paragraph 2 2. When central management provides information in confidence in accordance with paragraph 1, it shall inform the members of the special negotiating bodies or the European Works Councils, or the employees’ representatives in the framework of an information and consultation procedure of the
Amendment 227 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2009/38/EC Article 8 – paragraph 3 3. The obligation referred in paragraph 1 shall continue to apply, wherever the persons referred to in paragraph 1 are, even after the expiry of their terms of office, until
Amendment 228 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2009/38/EC Article 8 – paragraph 3 3. The obligation referred in paragraph 1 shall continue to apply, wherever the persons referred to in paragraph 1 are, even after the expiry of their terms of office, until
Amendment 229 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2009/38/EC Article 8 – paragraph 3 3. The obligation referred in paragraph 1 shall continue to apply, wherever the persons referred to in paragraph 1 are, even after the expiry of their terms of office, until
Amendment 230 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2009/38/EC Article 8 – paragraph 3 a (new) 3a. This Article shall not apply to: (a) members of the European Works Council who reveal information to national or local work councils that may affect the situation of workers where such information has been provided to them in confidence and is subject to national rules on confidentiality. (b) communication between members of the European Works Council and with the competent recognised trade union organisations on information that may affect the jobs or the working conditions of workers;
Amendment 231 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2009/38/EC Article 8 – paragraph 3 a (new) 3a. Paragraph 1 shall not apply to members of the European Works Council who reveal information to national or local trade union representatives or work councils that may affect the situation of workers where such information has been provided to them in confidence and is subject to national rules on confidentiality.
Amendment 232 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2009/38/EC Article 8 – paragraph 3 a (new) 3a. Paragraph 1 shall not apply to members of the European Works Council who reveal information to national or local work councils that may affect the situation of workers where such information has been provided to them in confidence and is subject to national rules on confidentiality.
Amendment 233 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2009/38/EC Article 8 – paragraph 3 a (new) 3a. This article shall not apply to members of the European Works Council who reveal information to national or local work councils that may affect the situation of workers where such information has been provided to them in confidence and is subject to national rules on confidentiality.
Amendment 234 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2009/38/EC Article 8 – paragraph 3 a (new) 3a. For the event of administrative or criminal prosecution of members of the European Works Council for the disclosure of confidential information, the Member States shall ensure that members of the European Works Council are obliged to contribute to cooperation and clarification
Amendment 235 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2009/38/EC Article 8 – paragraph 3 a (new) 3a. Where members of the European Works Council are subject to a judicial procedure relating to the disclosure of confidential information, Member States shall ensure that those members are obliged to cooperate, provide clarification and help to establish liability.
Amendment 236 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2009/38/EC Article 8 – paragraph 3 b (new) 3b. The central management shall specify to the members of the European Works Council the objective criteria used to decide on the confidential nature of the information, as well as how long the confidentiality applies.
Amendment 237 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2009/38/EC Article 8 – paragraph 3 c (new) 3c. Each Member State shall define by law the list of such objective criteria and shall ensure that the members of the European Works Council have the possibility of reviewing the classification of a matter by means of an urgent administrative or judicial decision.
Amendment 238 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive 2009/38/EC Article 8 a – paragraph 1 1. Member States shall provide, in specific cases and under the conditions and limits laid down by national legislation, that the central management situated in its territory is not obliged to transmit information to members of special negotiating bodies or European Works Councils, or employees’ representatives in the framework of an information and consultation procedure, and any experts who assist them, when its nature is
Amendment 239 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive 2009/38/EC Article 8 a – paragraph 1 – subparagraph 2 Amendment 240 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive 2009/38/EC Article 8 a – paragraph 1 – subparagraph 2 Amendment 241 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive 2009/38/EC Article 8 a – paragraph 1 – subparagraph 2 Amendment 242 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive 2009/38/EC Article 8 a – paragraph 1 – subparagraph 2 Amendment 243 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive 2009/38/EC Article 8 a – paragraph 1 – subparagraph 2 A Member State
Amendment 244 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive 2009/38/EC Article 8 a – paragraph 1 – subparagraph 2 A Member State
Amendment 245 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive 2009/38/EC Article 8 a – paragraph 2 Amendment 246 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive 2009/38/EC Article 8 a – paragraph 2 2. When central management does not transmit information on the grounds referred to in paragraph 1, it shall inform the members of the special negotiating bodies or the European Works Councils, or the employees’ representatives in the framework of an information and consultation procedure of the reasons justifying the non-transmission of information. Based on the objective criteria mentioned in paragraph 1, and defined in national legislation, the Community-scale undertaking or Community-scale group of undertakings may be allowed to not provide any justification.”;
Amendment 247 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive 2009/38/EC Article 8 a – paragraph 2 2. When central management does not transmit information on the grounds referred to in paragraph 1, it shall inform the members of the special negotiating bodies or the European Works Councils, or the employees’ representatives in the framework of an information and consultation procedure of the reasons justifying the non-transmission of information. In that regard, it should be borne in mind that some parts of that justification may also relate to sensitive business information, in which case it should not be disclosed either.”;
Amendment 248 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive 2009/38/EC Article 8 a – paragraph 2 2. When central management does not transmit information on the grounds referred to in paragraph 1, it shall inform the members of the special negotiating bodies or the European Works Councils, or the employees’ representatives in the framework of an information and consultation procedure
Amendment 249 #
Proposal for a directive Article 1 – paragraph 1 – point 8 Directive 2009/38/EC Article 9 – paragraph 2 2. In
Amendment 250 #
Proposal for a directive Article 1 – paragraph 1 – point 8 Directive 2009/38/EC Article 9 – paragraph 2 2. Information on transnational matters shall be given at such time, in such fashion and with such content as are appropriate to enable employees’ representatives to undertake an
Amendment 251 #
Proposal for a directive Article 1 – paragraph 1 – point 8 Directive 2009/38/EC Article 9 – paragraph 3 Amendment 252 #
Proposal for a directive Article 1 – paragraph 1 – point 8 Directive 2009/38/EC Article 9 – paragraph 3 3. Consultation shall take place at such time, in such fashion and with such content as it enables employees’ representatives to express an opinion
Amendment 253 #
Proposal for a directive Article 1 – paragraph 1 – point 8 Directive 2009/38/EC Article 9 – paragraph 3 3. Consultation shall take place at such time, in such fashion and with such content as it enables employees’ representatives to express an opinion prior to the
Amendment 254 #
Proposal for a directive Article 1 – paragraph 1 – point 8 Directive 2009/38/EC Article 9 – paragraph 3 3. Consultation shall take place at such time, in such fashion and with such content as it enables employees’ representatives to express an opinion prior to the adoption of the decision and based on the information provided in accordance with paragraph 2, without prejudice to the responsibilities of the management, and within a reasonable time taking into account the urgency of the matter. The employees’ representatives shall be entitled to a reasoned
Amendment 255 #
Proposal for a directive Article 1 – paragraph 1 – point 8 Directive 2009/38/EC Article 9 – paragraph 3 3. Consultation shall take place at such time, in such fashion and with such content as it enables employees’ representatives to express an opinion prior to the adoption of the decision and
Amendment 256 #
Proposal for a directive Article 1 – paragraph 1 – point 8 Directive 2009/38/EC Article 9 – paragraph 3 3. Consultation shall take place at such time, in such fashion and with such content as it enables employees’ representatives to express an opinion prior to the adoption of the decision and based on the information provided in accordance with paragraph 2, with
Amendment 257 #
Proposal for a directive Article 1 – paragraph 1 – point 8 Directive 2009/38/EC Article 9 – paragraph 3 3. Consultation shall take place at such time, in such fashion and with such content as it enables employees’ representatives to express an opinion prior to the adoption of the decision and based on the information provided in accordance with paragraph 2, without prejudice to the responsibilities of the management, and within a reasonable time taking into account the urgency of the matter. The employees’ representatives shall be entitled to a reasoned
Amendment 258 #
Proposal for a directive Article 1 – paragraph 1 – point 8 Directive 2009/38/EC Article 9 – paragraph 3 3. Consultation shall take place at such time, in such fashion and with such content as it enables employees’ representatives to express an opinion prior to the adoption of the decision and based on the information provided in accordance with paragraph 2, without prejudice to the responsibilities of the management, and within a reasonable time taking into account the urgency of the matter. The employees’ representatives shall be entitled to a
Amendment 259 #
Proposal for a directive Article 1 – paragraph 1 – point 8 Directive 2009/38/EC Article 9 – paragraph 3 a (new) 3a. In order to determine the transnational character of a matter, the scope of its possible effects and the level of management and representation involved shall be taken into account. This includes matters, which, irrespective of the number of Member States involved, are of concern to workers in terms of the scope of their potential impact, as well as matters that involve the transfer of activities between two or more Member States. Undertakings or establishments situated in different Member States are deemed to be concerned where it can be reasonably expected that a matter affecting one undertaking or establishment entails, or may entail in the foreseeable future, effects on undertakings or establishments in other Member States, including where decisions envisaged by an undertaking or a group of undertakings are taken in a Member State other than that in which those effects are produced.
Amendment 260 #
Proposal for a directive Article 1 – paragraph 1 – point 8 Directive 2009/38/EC Article 9 – paragraph 3 a (new) 3a. To that end, the undertaking or controlling undertaking must be required to communicate to the employees ‘appointed representatives general information concerning the interests of employees and information relating more specifically to those aspects of the activities of the undertaking or group of undertakings which affect employees ‘interests. The European Work Council must be able to deliver an opinion at the end of the meeting. Certain decisions having a significant effect on the interests of employees must be the subject of information and consultation of the employees´ appointed representatives as soon as possible.
Amendment 261 #
Proposal for a directive Article 1 – paragraph 1 – point 8 Directive 2009/38/EC Article 9 – paragraph 3 a (new) 3a. Insofar as it is necessary for the European Works Council to carry out its tasks, the European Works Council or the select committee may request assistance from a representatives of a competent recognised Union-level trade union organisations and experts of its choice. At the request of the European Works Council, such experts shall be present at meetings of the European Works Council and meetings with the central management in an advisory capacity.
Amendment 262 #
Proposal for a directive Article 1 – paragraph 1 – point 8 Directive 2009/38/EC Article 9 – paragraph 3 a (new) 3a. Under no circumstances may an information and consultation procedure or a dispute concerning it result in a detrimental delay in the implementation of a business measure where the provisions of this Directive have been complied with.
Amendment 263 #
Proposal for a directive Article 1 – paragraph 1 – point 8 Directive 2009/38/EC Article 9 – paragraph 3 b (new) 3b. If there is a dispute between the central management and the European Works Council or the employees' representatives as to whether an information and consultation procedure is to be carried out, the central management shall provide duly substantiated grounds in writing for the reasons why the information and consultation requirements under this Directive or under agreements concluded pursuant thereto do not apply, including the reasons that justify the absence of transnational issues.
Amendment 264 #
Proposal for a directive Article 1 – paragraph 1 – point 8 Directive 2009/38/EC Article 9 – paragraph 3 b (new) 3b. Under no circumstances may a timely information and consultation procedure or a legal dispute about it lead to a detrimental delay in the adoption of a measure.
Amendment 265 #
Proposal for a directive Article 1 – paragraph 1 – point 8 Directive 2009/38/EC Article 9 – paragraph 3 c (new) 3c. Insofar as it is necessary for the European Works Council to carry out its tasks, the European Works Council or the select committee may request assistance from representatives of a competent recognised Union-level trade union organisations and experts of its choice. At the request of the European Works Council, such experts shall be present at meetings of the European Works Council and meetings with the central management in an advisory capacity.
Amendment 266 #
Proposal for a directive Article 1 – paragraph 1 – point 8 Directive 2009/38/EC Article 9 – paragraph 3 c (new) 3a. Consultation shall be conducted in full respect of the autonomy of information and consultation procedures as provided for in national law and practice.
Amendment 267 #
Proposal for a directive Article 1 – paragraph 1 – point 8 Directive 2009/38/EC Article 10 – paragraph 1 1. Without prejudice to the competence of other bodies or organisations in this respect, the employees’ representatives, including the members of the special negotiating body and the members of the European Works Council, shall have the means required to apply the rights arising from this Directive and the legal capacity to seek redress, to represent collectively the interests of the employees of the Community-scale undertaking or Community-scale group of undertakings.
Amendment 268 #
Proposal for a directive Article 1 – paragraph 1 – point 8 Directive 2009/38/EC Article 10 – paragraph 1 1. Without prejudice to the competence of other bodies or organisations in this respect, the employees’ representatives, including the members of the special negotiating body and the members of the European Works Council, shall have the means and the legal capacity required to apply the rights arising from this Directive, to represent collectively the interests of the employees of the Community-scale undertaking or Community-scale group of undertakings.
Amendment 269 #
Proposal for a directive Article 1 – paragraph 1 – point 8 Directive 2009/38/EC Article 10 – paragraph 2 2. Without prejudice to Articles 8 and 8a, the members of the European Works Council shall
Amendment 270 #
Proposal for a directive Article 1 – paragraph 1 – point 8 Directive 2009/38/EC Article 10 – paragraph 4 4. In so far as this is necessary for and directly linked to the exercise of their representative duties in an international environment, the members of the special negotiating body and of the European Works Council shall be provided with training without loss of wages.
Amendment 271 #
Proposal for a directive Article 1 – paragraph 1 – point 8 Directive 2009/38/EC Article 10 – paragraph 4 – subparagraph 2 Amendment 272 #
Proposal for a directive Article 1 – paragraph 1 – point 8 Directive 2009/38/EC Article 10 – paragraph 4 – subparagraph 2 Without prejudice to agreements concluded pursuant to Article 6(2), point (f), the costs of such training and related expenses shall be borne by the central management
Amendment 273 #
Proposal for a directive Article 1 – paragraph 1 – point 8 Directive 2009/38/EC Article 10 – paragraph 4 – subparagraph 2 Without prejudice to agreements concluded pursuant to Article 6(2), point (f), the costs of such training and related expenses shall be borne by the central management
Amendment 274 #
Proposal for a directive Article 1 – paragraph 1 – point 8 Directive 2009/38/EC Article 10 – paragraph 4 – subparagraph 2 Without prejudice to agreements concluded pursuant to Article 6(2), point (f), the costs of such training and related expenses shall be borne by the central management
Amendment 275 #
Proposal for a directive Article 1 – paragraph 1 – point 8 Directive 2009/38/EC Article 10 – paragraph 4 – subparagraph 2 Without prejudice to agreements concluded pursuant to Article 6(2), point (f), the Member States shall determine whether the costs of such training and related expenses
Amendment 276 #
Proposal for a directive Article 1 – paragraph 1 – point 8 Directive 2009/38/EC Article 10 – paragraph 4 a (new) 4a. A member of a special negotiating body or of a European Works Council, or such a member’s alternate, who is a member of the crew of a seagoing vessel, shall be entitled to participate in a meeting of the special negotiating body or of the European Works Council, or in any other meeting under any procedures established pursuant to Article 6(3), where that member or alternate is not at sea or in a port in a country other than that in which the shipping company is domiciled, when the meeting takes place. Meetings shall, where practicable, be scheduled to facilitate the participation of members or alternates, who are members of the crews of seagoing vessels. In cases where a member of a special negotiating body or of a European Works Council, or such a member’s alternate, who is a member of the crew of a seagoing vessel, is unable to attend a meeting, the possibility of using, where possible, new information and communication technologies shall be considered.
Amendment 277 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point a Directive 2009/38/EC Article 11 – paragraph 2 – subparagraph 1 – point a (a) adequate
Amendment 278 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point a Directive 2009/38/EC Article 11 – paragraph 2 – subparagraph 1 – point a (a) adequate procedures are available to enable the rights and obligations deriving from this Directive to be enforced in a timely and effective manner, and shall not encompass preliminary injunctions aimed at the temporary suspension of decisions made by the central management;
Amendment 279 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point a Directive 2009/38/EC Article 11 – paragraph 2 – subparagraph 1 – point a (a) adequate procedures are available to enable the rights and obligations deriving from this Directive to be enforced in a timely and effective manner
Amendment 280 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point a Directive 2009/38/EC Article 11 – paragraph 2 – subparagraph 1 – point a (a) adequate
Amendment 281 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point a Directive 2009/38/EC Article 11 – paragraph 2 – subparagraph 1 – point b a (new) (ba) financial penalties that are proportionate to the nature, gravity and duration of the undertaking’s infringement and which shall increase in amount according to the number of affected employees;
Amendment 282 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point a Directive 2009/38/EC Article 11 – paragraph 2 – subparagraph 1 – point b b (new) (bb) orders excluding the undertaking from an entitlement to some or all public benefits, aids or subsidies, including EU funds managed by the relevant Member States, for a period of up to three years;
Amendment 283 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point a Directive 2009/38/EC Article 11 – paragraph 2 – subparagraph 1 – point b c (new) (bc) the possibility to request a preliminary injunction for the temporary suspension of decisions of the central management with a national trade union prerogative where such decisions are challenged on the basis that there has been an infringement of the information and consultation requirements under this Directive or under agreements concluded pursuant thereto. The effects of the challenged decisions on employment contracts or employment relationships of the affected employees shall be suspended accordingly;
Amendment 284 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point a Directive 2009/38/EC Article 11 – paragraph 2 – subparagraph 1 – point b d (new) (bd) orders excluding the undertaking from participating in a public contract as defined in Directive 2014/24/EU of the European Parliament and of the Council1a. ____________________________ 1a 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 Text with EEA relevance OJ L 94, 28.3.2014, p. 65–242
Amendment 285 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point a Directive 2009/38/EC Article 11 – paragraph 2 – subparagraph 1 – point b e (new) (be) the possibility to request a preliminary injunction for the temporary suspension of decisions of the central management with a national trade union prerogative where such decisions are challenged on the basis that there has been an infringement of the information and consultation requirements under this Directive or under agreements concluded pursuant thereto. The effects of the challenged decisions on employment contracts or employment relationships of the affected employees shall be suspended accordingly;
Amendment 286 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point a Directive 2009/38/EC Article 11 – paragraph 2 – subparagraph 1 – point b f (new) (bf) retroactive sanctions in cases where a Community-scale undertaking or Community-scale group of undertakings is found guilty of having infringed the obligations arising from this Directive, but has already implemented transnational decisions.
Amendment 287 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point a Directive 2009/38/EC Article 11 – paragraph 2 a (new) 2a. The penalties referred to in paragraph 2, point b, shall include: (a) financial penalties that are proportionate to the nature, gravity and duration of the undertaking’s infringement and which shall increase in amount according to the number of affected employees; (b) orders excluding the undertaking from an entitlement to some or all public benefits, aids or subsidies, including EU funds managed by the relevant Member States, for a period of up to three years; (c) orders excluding the undertaking from participating in a public contract as defined in Directive 2014/24/EU1a of the European Parliament and of the Council In the case of infringements as referred to in paragraph 1, point b, which are not committed intentionally, the financial penalties referred to in paragraph 2a, point (a), shall be substantive and equivalent to those provided for in Article 83(4) of Regulation (EU) 2016/6791b. In the case of infringements as referred to in paragraph 1, point b, which are committed intentionally, the financial penalties referred to in paragraph 2a, point (a) shall be substantive and equivalent to those provided for in Article 83(5) of Regulation (EU) 2016/679. ______________________ 1a 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 Text with EEA relevance OJ L 94, 28.3.2014, p. 65–242 1b Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Text with EEA relevance) OJ L 119, 4.5.2016, p. 1– 88
Amendment 288 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point a Directive 2009/38/EC Article 11 – paragraph 2 b (new) 2b. In the case of infringements as referred to in paragraph 2 which are not committed intentionally, the financial penalties referred to in paragraph 2, point (a), shall be substantive and equivalent to those provided for in Article 83(4) of Regulation (EU) 2016/6791a. ___________________________ 1a Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Text with EEA relevance) OJ L 119, 4.5.2016, p. 1– 88
Amendment 289 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point a Directive 2009/38/EC Article 11 – paragraph 2 c (new) 2c. In the case of infringements as referred to in paragraph 1 which are committed intentionally, the financial penalties referred to in paragraph 2, point (a), shall be substantive and equivalent to those provided for in Article 83(5) of Regulation (EU) 2016/679.
Amendment 290 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point a Directive 2009/38/EC Article 11 – paragraph 2 – subparagraph 2 Amendment 291 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point a Directive 2009/38/EC Article 11 – paragraph 2 – subparagraph 2 In the event of failure to comply with the national provisions transposing the obligations under Article 9(2) and (3), Member States shall provide for pecuniary sanctions, to be determined considering the criteria listed in the third subparagraph of this paragraph
Amendment 292 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point a Directive 2009/38/EC Article 11 – paragraph 2 – subparagraph 2 In the event of failure to comply with the national provisions transposing the obligations under Article 9(2) and (3), Member States shall provide for pecuniary sanctions, to be determined considering the criteria listed in the third subparagraph of this paragraph
Amendment 293 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point a Directive 2009/38/EC Article 11 – paragraph 2 – subparagraph 2 In the event of failure to comply with the national provisions transposing the obligations under Article 9(2) and (3), Member States shall provide for pecuniary sanctions, to be determined considering the criteria listed in
Amendment 294 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point a Directive 2009/38/EC Article 11 – paragraph 2 – subparagraph 2 In the event of failure to comply with the national provisions transposing the obligations under Article 9(2) and (3), Member States
Amendment 295 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point a Directive 2009/38/EC Article 11 – paragraph 2 – subparagraph 3 Amendment 296 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point a Directive 2009/38/EC Article 11 – paragraph 2 – subparagraph 3 Amendment 297 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point a Directive 2009/38/EC Article 11 – paragraph 2 – subparagraph 3 For the purposes of point (b), of the first subparagraph, Member States shall take into consideration, when determining penalties, the gravity, duration, consequences, and the intentional or negligent nature of the offence
Amendment 298 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point a Directive 2009/38/EC Article 11 – paragraph 2 – subparagraph 3 For the purposes of point (b), of the first subparagraph, Member States shall take into consideration, when determining penalties, the gravity, duration, consequences, and the intentional or negligent nature of the offence
Amendment 299 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point a Directive 2009/38/EC Article 11 – paragraph 2 – subparagraph 3 For the purposes of point (b), of the first subparagraph, Member States shall take into consideration, when determining penalties, the gravity, including the number of affected workers, duration, consequences, and the intentional or negligent nature of the offence, and in respect of pecuniary sanctions, also the size and financial situation of the sanctioned undertaking or group, and any other relevant criteria.”;
Amendment 300 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point b Directive 2009/38/EC Article 11 – paragraph 2 a (new) (aa) the following new paragraphs 2a, 2b and 2c are inserted: (2a) The penalties referred to in paragraph 2, point b, shall include: (a) financial penalties that are proportionate to the nature, gravity and duration of the undertaking’s infringement and which shall increase in amount according to the number of affected employees; (b) orders excluding the undertaking from an entitlement to some or all public benefits, aids or subsidies, including EU funds managed by the relevant Member States, for a period of up to three years; (c) orders excluding the undertaking from participating in a public contract as defined in Directive 2014/24/EU1a of the European Parliament and of the Council. (2b) In the case of infringements as referred to in paragraph 1, point b, which are not committed intentionally, the financial penalties referred to in paragraph 2a, point (a), shall be substantive and equivalent to those provided for in Article 83(4) of Regulation (EU) 2016/6791b. (2c) In the case of infringements as referred to in paragraph 1, point b, which are committed intentionally, the financial penalties referred to in paragraph 2a, point (a) shall be substantive and equivalent to those provided for in Article 83(5) of Regulation (EU) 2016/679. _______________________ 1a 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 Text with EEA relevance, OJ L 94, 28.3.2014, p. 65–242 1b Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Text with EEA relevance) OJ L 119, 4.5.2016, p. 1– 88
Amendment 301 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point b Directive 2009/38/EC Article 11 – paragraph 3 a (new) The central management shall bear the judicial costs incurred in carrying out the procedures, the costs of legal representation and subsidiary costs such as subsistence and travel expenses for at least one employees’ representative.;
Amendment 302 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point b Directive 2009/38/EC Article 11 – paragraph 3 a (new) The central management shall bear the judicial costs incurred in carrying out the procedures, the costs of legal representation and subsidiary costs such as subsistence and travel expenses for at representatives of the European Works Council.;
Amendment 303 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point c Directive 2009/38/EC Article 11 – paragraph 4 Amendment 304 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point c Directive 2009/38/EC Article 11 – paragraph 4 Amendment 305 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point c Directive 2009/38/EC Article 11 – paragraph 4 “4. Member States are encouraged to develop out-of-court mediation procedures enabling both parties to find acceptable solutions. Where Member States make access to legal proceedings conditional upon the prior implementation of an alternative dispute resolution, that procedure shall neither result in a decision which is binding on the parties concerned, nor otherwise prejudice their right to bring legal proceedings.”;
Amendment 306 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point c Directive 2009/38/EC Article 11 – paragraph 4 “4. Where Member States make access to legal proceedings conditional upon the prior implementation of an alternative dispute resolution, that procedure shall neither result in a decision which is binding on the parties concerned, unless provided for in national law, nor otherwise prejudice their right to bring legal proceedings.”;
Amendment 307 #
Proposal for a directive Article 1 – paragraph 1 – point 10 Directive 2009/38/EC Article 12 – paragraph 2 2. The arrangements for the links between the information and consultation of the European Works Council and national employee representation bodies shall be established by the agreement referred to in Article 6 so as to avoid duplication and ensure a good coordination between information and consultation processes within the European Works Council and those established at national level. That agreement shall be without prejudice to the provisions of national law and/or practice on the information and consultation of employees.
Amendment 308 #
Proposal for a directive Article 1 – paragraph 1 – point 10 Directive 2009/38/EC Article 12 – paragraph 6 Amendment 309 #
Proposal for a directive Article 1 – paragraph 1 – point 10 Directive 2009/38/EC Article 12 – paragraph 6 Amendment 310 #
Proposal for a directive Article 1 – paragraph 1 – point 11 Directive 2009/38/EC Article 14 Amendment 311 #
Proposal for a directive Article 1 – paragraph 1 – point 11 Directive 2009/38/EC Article 14 Amendment 312 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2009/38/EC Article 14 a Amendment 313 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2009/38/EC Article 14 a Amendment 314 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2009/38/EC Article 14 a Amendment 315 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2009/38/EC Article 14 a Amendment 316 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2009/38/EC Article 14 a Amendment 317 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2009/38/EC Article 14 a – paragraph 1 1.
Amendment 318 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2009/38/EC Article 14 a – paragraph 1 1. Where, following the transposition of [OP: insert reference to this amending Directive], a European Works Council agreement or agreement on an information and consultation procedure concluded before [OP: insert date from which the transposing provisions are to apply, set out in the Article 2(1), 2nd subpar. of this amending Directive] in accordance with Articles 5 and 6 of Directive 94/45/EC or Articles 5 and 6 of this Directive is not in conformity with any of the requirements applicable to that agreement as a consequence of the amendments provided for in [OP: insert reference to this amending Directive], central management shall initiate negotiations to adapt that agreement
Amendment 319 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2009/38/EC Article 14 a – paragraph 1 1. Where, following the transposition of [OP: insert reference to this amending Directive], a European Works Council agreement or agreement on an information and consultation procedure concluded before [OP: insert date from which the transposing provisions are to apply, set out in the Article 2(1), 2nd subpar. of this amending Directive] in accordance with Articles 5 and 6 of Directive 94/45/EC or Articles 5 and 6 of this Directive is not in conformity with any of the requirements applicable to that agreement as a consequence of the amendments provided for in [OP: insert reference to this amending Directive], central management shall initiate negotiations to adapt th
Amendment 320 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2009/38/EC Article 14 a – paragraph 1 a (new) 1a. If a European Works Council agreement or agreement on an information and consultation agreement referred to in paragraph one is not in conformity with any of the requirements in Article 6 of the amendments provided for in [OP: insert reference to this amending Directive], central management shall however initiate negotiations to adapt that agreement at the written request of at least 100 employees or their representatives in at least two undertakings or establishments in at least two different Member States. Central management may also initiate such negotiations on its own initiative. After such a renegotiation procedure, the obligations arising from this Directive shall apply.
Amendment 321 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2009/38/EC Article 14 a – paragraph 2 2. Where the European Works Council agreement or agreement on an information and consultation procedure contains procedural arrangements for its adaptation
Amendment 322 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2009/38/EC Article 14 b (new) The following Article 14b is inserted: “Article 14b Agreements in force 1. For agreements concluded in accordance with Articles 5 and 6 of Directive 94/45/EC1a or Articles 5 and 6 of this Directive, the requirements laid down in articles 1, 2, 6(2), 8, 8a, 9, 10, 12 and 13 provided for by this Directive (OP: insert reference to this amending Directive) shall be applicable to that agreement. Parties may negotiate more favourable arrangements. 2. Where an Community-scale undertaking or Community-scale group of undertakings has concluded an agreement or agreements which covering the entire workforce, providing for the transnational information and consultation of employees, which referred to in Article 13(1) of Directive 94/45/EC (pre-directive agreements), those agreement shall continue to be applicable under national law. 3. Where proceedings are initiated pursuant to Article 5 in an Community- scale undertaking or Community-scale group of undertakings with an agreement within the meaning of the first subparagraph, the period referred to in Article 7(1) indent 3 shall be reduced to two years and Article 13, second and third paragraphs shall apply respectively. _______________________ 1a Council Directive 94/45/EC of 22 September 1994 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees, OJ L 254, 30.9.1994, p. 64–72
Amendment 323 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2009/38/EC Article 14 b (new) The following Article 14b is inserted: “Article 14b Agreements in force 1. For agreements concluded in accordance with Articles 5 and 6 of Directive 94/45/EC1a or Articles 5 and 6 of this Directive, the requirements laid down in articles 1, 2, 6(2), 8, 8a, 9, 10, 12 and 13 provided for by this Directive (OP: insert reference to this amending Directive) shall be applicable to that agreement. Parties may negotiate conditions that are more favourable. 2. Where a Community-scale undertaking or Community-scale group of undertakings has concluded an agreement or agreements covering the entire workforce and providing for the transnational information and consultation of employees, which referred to in Article 13(1) of Directive 94/45/EC (pre-directive agreements), those agreement shall continue to be applicable under national law. 3.Where proceedings are initiated pursuant to Article 5 in an Community- scale undertaking or Community-scale group of undertakings with an agreement within the meaning of the first subparagraph, the period referred to in Article 7(1) indent three shall be reduced to two years and the terms of that agreement shall remain in force for the duration of those negotiations.”; _______________________ 1a Council Directive 94/45/EC of 22 September 1994 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees, OJ L 254, 30.9.1994, p. 64–72
Amendment 324 #
Proposal for a directive Article 1 – paragraph 1 – point 12 a (new) Directive 2009/38/EC Article 16 a (new) 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 1(2), (3) and (4), Article 2(1), points (f) and (g), Articles 3(4), Article 4(4), Article 5(2), points (b) and (c), Article 5(4), Article 6(2), points (b), (c), (e) and (g), and Articles 10, 12, 13 and 14, as well as Annex I, point 1(a), (c) and (d) and points 2 and 3, no later than 5 June 2011 or shall ensure that management and labour introduce on that date the required provisions by way of agreement, the Member States being obliged to take all necessary steps enabling them at all times to guarantee the results imposed by this Directive. Member States shall ensure administrative and legal proceedings for agreements concluded in accordance with Articles 5 and 6 of Directive 94/45/EC (pre-directive agreements) to remain binding contractual agreements under national law.
Amendment 325 #
Proposal for a directive Article 1 – paragraph 1 – point 12 a (new) Directive 2009/38/EC Article 16 a (new) The following Article 16a is inserted: Article 16a Monitoring 1. To ensure the correct application of the Directive and to address and resolve practical problems arising from its implementation, a monitoring committee shall be established. 2. The monitoring committee shall be composed by one representative per Member State, the European social partners with an equal number of representatives of the trade unions and the employers' organisations and of the Commission. 3. The monitoring committee shall meet twice per year and shall be chaired by the Commission.
Amendment 326 #
Proposal for a directive Article 1 – paragraph 1 – point 12 a (new) Directive 2009/38/EC Article 16 a (new) The following Article 16a is inserted: Article 16a Monitoring 1. To ensure the implementation of the Directive and to address and resolve practical problems arising from its implementation, a monitoring committee shall be established. 2. The monitoring committee shall be comprise one representative per Member State, three representatives of each of the European social partners, and the European Commission.
Amendment 327 #
Proposal for a directive Article 2 – paragraph 1 1. Member States shall adopt
Amendment 328 #
Proposal for a directive Article 2 – paragraph 1 1. Member States shall adopt
Amendment 329 #
Proposal for a directive Article 2 – paragraph 1 1. Member States shall adopt and publish, by [OP: insert date
Amendment 330 #
Proposal for a directive Article 2 – paragraph 1 – subparagraph 1 Amendment 331 #
Proposal for a directive Article 2 – paragraph 1 – subparagraph 1 Amendment 332 #
Proposal for a directive Article 2 – paragraph 1 – subparagraph 1 They shall apply those provisions from [OP: insert date t
Amendment 333 #
Proposal for a directive Annex I – paragraph 1 – point 1 – point a a (new) Directive 2009/38/EC Annex 1 – paragraph 1– point a Amendment 334 #
Proposal for a directive Annex I – paragraph 1 – point 1 – point a a (new) Directive 2009/38/EC Annex 1 – paragraph 1– point a Amendment 335 #
Proposal for a directive Annex I – paragraph 1 – point 1 – point a a (new) Directive 2009/38/EC Annex 1 – paragraph 1– point a Amendment 336 #
Proposal for a directive Annex I – paragraph 1 – point 1 – point a a (new) Directive 2009/38/EC Annex 1 – paragraph 1– point a Amendment 337 #
Proposal for a directive Annex I – paragraph 1 – point 1 – point c Directive 2009/38/EC Annex 1 – point 1– point d d “(dd)
Amendment 338 #
Proposal for a directive Annex I – paragraph 1 – point 1 – point c Directive 2009/38/EC Annex 1 – point 1– point d d (dd) as far as possible,
Amendment 339 #
Proposal for a directive Annex I – paragraph 1 – point 1 – point c Directive 2009/38/EC Annex 1 – point 1– point d d “(dd) as far as possible, the European Works Council members and those of select committee shall represent the diversity of the workforce and women and men shall each comprise at least 40% of European Works Council members and of select committee members. If this objective is not reached, the reasons should be explained in written;”;
Amendment 340 #
Proposal for a directive Annex I – paragraph 1 – point 2 Directive 2009/38/EC Annex 1 – point 2 “2. The European Works Council shall have the right to meet with the central management twice a year, to be informed and consulted, on the basis of a report drawn up by the central management, on the progress of the business of the Community-scale undertaking or Community-scale group of undertakings and its prospects. The local managements shall be informed accordingly. To avoid the increase of the environmental footprint of meetings in line with Union, national and companies’ emission reduction targets, while ensuring meaningful information and consultation at lower environmental and financial costs, one of these meetings shall be held in the virtual setting.”
Amendment 341 #
Proposal for a directive Annex I – paragraph 1 – point 2 Directive 2009/38/EC Annex 1 – point 2 “2. The European Works Council shall have the right to meet with the central management at least twice a year in person, to be informed and consulted, on the basis of a report drawn up by the central management, on the progress of the business of the Community-scale undertaking or Community-scale group of undertakings and its prospects. The local managements shall be informed accordingly. Additional meetings may be held in a virtual environment, using online meeting tools if so agreed.”
Amendment 342 #
Proposal for a directive Annex I – paragraph 1 – point 2 Directive 2009/38/EC Annex 1 – point 2 “2. The European Works Council shall have the right to meet with the central management at least twice a year in person, to be informed and consulted, on the basis of a report drawn up by the central management, on the progress of the business of the Community-scale undertaking or Community-scale group of undertakings and its prospects. The local managements shall be informed accordingly.”
Amendment 343 #
Proposal for a directive Annex I – paragraph 1 – point 2 Directive 2009/38/EC Annex 1 – point 2 “2. The European Works Council shall have the right to meet with the central management twice a year in person, to be informed and consulted, on the basis of a report drawn up by the central management, on the progress of the business of the Community-scale undertaking or Community-scale group of undertakings and its prospects. The local managements shall be informed accordingly. Additional meetings may be held in a virtual environment, using online meeting tools if so agreed.”
Amendment 344 #
Proposal for a directive Annex I – paragraph 1 – point 3 Directive 2009/38/EC Annex 1 – point 4 a (new) 4a. Information and consultation procedures within the European Works Council shall be carried out without prejudice to those taking place at the national level. When a procedure is already taking place at the national level, European Works Council shall ensure that the two procedures can complement each other with respect to the content and the timing of the procedures.
Amendment 345 #
Proposal for a directive Annex I – paragraph 1 – point 4 Directive 2009/38/EC Annex 1 – point 5 “Such experts
Amendment 346 #
Proposal for a directive Annex I – paragraph 1 – point 4 Directive 2009/38/EC Annex 1 – point 5 “Such experts
Amendment 347 #
Proposal for a directive Annex I – paragraph 1 – point 4 Directive 2009/38/EC Annex 1 – point 5 “Such experts
Amendment 348 #
Proposal for a directive Annex I – paragraph 1 – point 4 Directive 2009/38/EC Annex 1 – point 5 Such experts may include representatives of
Amendment 349 #
Proposal for a directive Annex I – paragraph 1 – point 5 – point a Directive 2009/38/EC Annex 1 – point 6 – subparagraph 3 a (new) (a) the following subparagraph is inserted between the third and fourth subparagraphs: “The operating expenses of the European Works Council shall include reasonable costs of legal assistance, representation and proceedings, which shall, when applicable, fall within the price ranges provided for in national legislation. Operating expenses shall be notified to central management before they are incurred.”;
Amendment 61 #
Proposal for a directive Citation 5 a (new) Having regard to the opinion of the Commission’s Regulatory Scrutiny Board of 26 January 2024,
Amendment 62 #
Proposal for a directive Recital 1 a (new) (1a) In accordance with Article 153 of the Treaty on the Functioning of the European Union, the information and consultation of workers is a supporting competence of the Union.
Amendment 63 #
Proposal for a directive Recital 3 (3) While an evaluation of Directive 2009/38/EC published in 20184 confirmed that Directive’s added value and relevance in principle, it also identified shortcomings regarding, for instance, the effectiveness of the consultation process,
Amendment 64 #
Proposal for a directive Recital 4 (4) In 2023, the European Parliament, in accordance with Article 225 of the Treaty on the Functioning of the European Union (TFEU), adopted a legislative own- initiative resolution with recommendations on a revision of Directive 2009/38/EC5 and the Commission undertook a two-phase consultation with the social partners, in accordance with Article 154 of the Treaty on the Functioning of the European Union, on the need for and the content of measures to address the shortcomings of that directive. The Commission has also collected evidence through a study involving a targeted online survey, stakeholder interviews, workshops, analysis of national case-law and of relevant provisions in the national laws of Member States. The opinion of the Commission’s Regulatory Scrutiny Board demonstrates that there are doubts as to the proposal’s compliance with the principles of subsidiarity (prerogatives of the social partners and competences of the Member States) and proportionality. The opinion also notes that the impact assessment does not quantify the total costs of the options analysed.
Amendment 65 #
Proposal for a directive Recital 5 (5) Evidence shows that legal uncertainty regarding the concept of transnational matters has led to differences in interpretation and disputes. In order to ensure legal certainty and reduce the risk of such disputes, it is necessary to clarify that concept. To this end, it is appropriate to clarify that this Directive should
Amendment 66 #
Proposal for a directive Recital 5 (5) Evidence shows that legal uncertainty regarding the concept of transnational matters has led to differences in interpretation and disputes. In order to ensure legal certainty and reduce the risk of such disputes, it is necessary to clarify that concept. To this end, it is appropriate to clarify that this Directive should not only cover cases where measures considered by management can reasonably be expected to directly affect employees in more than one Member State, but also cases where such measures can reasonably be expected to affect workers in only one Member State, but
Amendment 67 #
Proposal for a directive Recital 7 (7) Members of special negotiating bodies may need legal advice or representation to carry out their tasks under Directive 2009/38/EC.
Amendment 68 #
Proposal for a directive Recital 7 (7) Members of special negotiating bodies may need legal advice or representation to carry out their tasks under Directive 2009/38/EC. It is however not sufficiently clear that they are entitled to the coverage of the associated legal fees. With a view to ensuring such coverage, it should be clarified that central management is to bear reasonable costs incurred by members of special negotiation bodies, which the latter should be required to notify in advance. It is appropriate to limit that obligation to reasonable legal costs to ensure that management is not liable for manifestly disproportionate costs, costs without justifiable link to the provision of relevant legal advice or representation, or costs created by manifestly unfounded, frivolous, or vexatious claims. Moreover, Directive 2009/38/EC gives Member States discretion to lay down budgetary rules regarding the operation of special negotiating body and European Works Councils based on subsidiary requirements, having regard to the principle that expenses relating to the appropriate conduct of the special negotiating bo
Amendment 69 #
Proposal for a directive Recital 8 (8) Directive 2009/38/EC requires the parties to a European Works Council agreement to determine the venue of meetings of the European Works Council. It is appropriate to specify that they are to determine also the format of such meetings, notably to avoid any doubt
Amendment 70 #
Proposal for a directive Recital 8 (8) Directive 2009/38/EC requires the parties to a European Works Council agreement to determine the venue of meetings of the European Works Council. It is appropriate to specify that they are to determine also the format of such meetings, notably to avoid any doubt
Amendment 71 #
Proposal for a directive Recital 8 (8) Directive 2009/38/EC requires the parties to a European Works Council agreement to determine the venue of meetings of the European Works Council. It is appropriate to specify that they are to determine also the format of such meetings, notably to avoid any doubt
Amendment 72 #
Proposal for a directive Recital 8 (8) Directive 2009/38/EC requires the parties to a European Works Council agreement to determine the venue of meetings of the European Works Council. It is appropriate to specify that they are to determine also the format of such meetings, notably to avoid any doubt about their freedom to agree that some or all of the meetings be held in a virtual environment, using online meeting tools,
Amendment 73 #
Proposal for a directive Recital 9 (9) There can be uncertainty and disputes with respect to the coverage of certain expenses and access to certain resources also during the operation of European Works Councils. In accordance with the principle of autonomy of the parties, it is a
Amendment 74 #
Proposal for a directive Recital 10 (10) The requirement in Directive 2009/38/EC must
Amendment 75 #
Proposal for a directive Recital 10 (10) The requirement in Directive 2009/38/EC to take into account, where possible, the need for a balanced representation of employees with regard to their gender when determining the composition of European Works Councils has proven insufficient to promote gender balance. Women remain underrepresented in most European Works Councils. In 2018, only 15% of European Works Council members were women. Therefore, it is necessary to lay down more effective and specific objectives regarding gender representation, to be implemented by management and employee representatives when negotiating or renegotiating their agreements. To attain those objectives, it may in certain cases be necessary to give priority to the underrepresented sex in composing the European Works Council or its select committee. In accordance with the case-
Amendment 76 #
Proposal for a directive Recital 10 (10) The requirement in Directive 2009/38/EC to take into account, where possible, the need for a balanced representation of employees with regard to their gender when determining the composition of European Works Councils has proven insufficient to promote gender balance. Women remain underrepresented in most European Works Councils. Therefore, it is necessary to lay down more effective and specific objectives regarding gender representation, to be implemented by management and employee representatives when negotiating or renegotiating their agreements. To attain those objectives, it may in certain cases be necessary to give priority to the underrepresented sex in composing the special negotiating body, the European Works Council or its select committee. In accordance with the case-
Amendment 77 #
Proposal for a directive Recital 12 (12) When sharing sensitive information with members of European Works Councils, members of special negotiating bodies, or employees’ representatives in the framework of an information and consultation procedure, management has the possibility to provide that such information is shared in confidence and should not be disclosed further. This should not apply to situations when members of the European Works Council decide to reveal information to national or local work councils that may affect the situation of workers. When sharing information in confidence, central management should be required to provide at the same time a reasonable justification based on objective criteria. Setting up adequate arrangements to safeguard the confidentiality of sensitive information can instil trust and facilitate the sharing of such information, while protecting business and workers’ interests, including to avert growing risks such as industrial espionage.
Amendment 78 #
Proposal for a directive Recital 15 (15) Effective transnational consultation requires a genuine dialogue between central management and European Works Councils, or employees’ representatives in the framework of an information and consultation procedure. This implies that information and consultation need to be conducted in a way that enables worker’s representatives to express their opinion prior to the adoption of the decision and that opinions issued by European Works Councils or employees’ representatives must receive a reasoned response from central management before the latter adopts its decision on the proposed measure at issue. An explicit requirement to that effect should be laid down in Directive 2009/38/EC to ensure legal certainty. Such a procedure should allow European Works Councils to be timely consulted on the impact of business plans and process innovations. It should also allow them to draw up social plans to govern changes that may affect workers and generate redundancies. For instance, in this case, the priority could be given to voluntary redundancies and measures could be taken to retrain and reinstate the affected workers.
Amendment 79 #
Proposal for a directive Recital 15 (15) Effective transnational consultation requires a genuine dialogue between central management and European Works Councils, or employees’ representatives in the framework of an information and consultation procedure. This implies that information and consultation need to be conducted in a way that enables worker’s representatives to express their opinion prior to the adoption of the decision and that opinions issued by European Works Councils or employees’ representatives must receive a reasoned response from central management before the latter adopts its decision on the proposed measure at issue. An explicit requirement to that effect should be laid down in Directive 2009/38/EC to ensure legal certainty. This shall not result in undue delays in decisions taken by Community undertakings or Community-scale groups of undertakings.
Amendment 80 #
Proposal for a directive Recital 16 (16) In addition, provisions of Directive 2009/38/EC on the role and protection of employees’ representatives should be amended to increase clarity and accuracy, in particular with regard to the protection of the members of special negotiating bodies and the members of European Works Councils against retaliatory measures or dismissals. In order to avoid disputes,
Amendment 81 #
Proposal for a directive Recital 17 (17) In certain Member States, rightsholders under Directive 2009/38/EC encounter difficulties in bringing legal actions to enforce their rights.
Amendment 82 #
Proposal for a directive Recital 17 (17) In certain Member States, rightsholders under Directive 2009/38/EC encounter difficulties in bringing legal actions to enforce their rights. It is therefore necessary to strengthen Member States’ obligation to ensure effective remedies and access to justice and the supervision by the Commission of their compliance with that obligation. For that purpose, Member States should be required to notify the Commission of how and under which circumstances the rightsholders can bring judicial, and where applicable, administrative procedures, in respect of all their rights under this Directive. Moreover, it should be clarified that the relevant procedures have to enable a timely and effective enforcement, and that possible prior out-of-court settlement procedures can neither result in a decision which is binding on the parties concerned, unless that is provided for in national law, nor prejudice rightsholders’ right to bring legal proceedings.
Amendment 83 #
Proposal for a directive Recital 18 (18) The Commission’s 2018 evaluation of Directive 2009/38/EC has shown that sanctions applicable in the case of non- compliance with transnational information and consultation requirements regretfully are often not sufficiently dissuasive, effective or proportionate. Therefore, it is appropriate to lay down the Member States’ obligation to provide for effective, dissuasive and proportionate sanctions.
Amendment 84 #
Proposal for a directive Recital 18 (18) The Commission’s 2018 evaluation of Directive 2009/38/EC has shown that sanctions applicable in the case of non- compliance with transnational information and consultation requirements are often not sufficiently dissuasive. Therefore, it is appropriate to lay down the Member States’ obligation to provide for effective, dissuasive and proportionate sanctions. Pecuniary sanctions should be provided for in case of failure to comply with the information and consultation procedures set out in Directive 2009/38/EC. Other forms of sanctions could also be provided for. Pecuniary sanctions should be determined taking into consideration the size and financial situation of the Community-scale undertaking or group – for example, based on number of employees, its annual turnover and total budget – and any other relevant factors – such as the gravity, duration, consequences, and intentional or negligent nature of the offence –, in order to be effective, dissuasive and proportionate.
Amendment 85 #
Proposal for a directive Recital 19 (19) Undertakings with an agreement on the transnational information and consultation of employees concluded before 23 September 1996, that is to say prior to the date of application of Council Directive 94/45/EC , are exempted from the application of the obligations arising from Directive 2009/38/EC. The employee information and consultation bodies established under such agreements have been concluded and continue to operate outside the scope of Union law. Directive 2009/38/EC does not provide the employees in the exempted undertakings with the possibility to request an establishment of a European Works Council under that Directive. However, for reasons of legal clarity, equal treatment and effectiveness, employees and their representatives in all Community-scale undertakings or Community-scale groups of undertakings should in principle have the right to request the establishment of a European Works Council. Almost 30 years after a legislative framework setting minimum requirements for the transnational information and consultation of employees was first established at Union level, those reasons prevail over the considerations of continuity for pre- existing agreements which initially motivated the exemption. That exemption should therefore be deleted. Nevertheless, these pre-directive agreements have continued to operate for nearly 30 years and remained outside the scope of Union law, so their legal status depends upon national law, where their binding contractual nature have fallen under civil or collective labour law depending on the different legal system of each Member state. Thus, if the establishment of a European Works Council agreement under the remit of this Directive is not initiated, and to promote legal certainty, Member States should ensure the validity and legal enforceability of these pre- directive agreements under national law.
Amendment 86 #
Proposal for a directive Recital 21 (21) European Works Councils operating based on the subsidiary requirements set out in Annex 1 to Directive 2009/38/EC have the right to meet with central management once a year, to be informed and consulted on the progress of the business of the relevant Community-scale undertaking or Community-scale group of undertakings and its prospects. In order to strengthen the transnational information and consultation of those European Works Councils, it is appropriate to increase the number of such annual plenary meetings in the subsidiary requirements to two. To allow for meaningful information and consultation at lower environmental and financial costs, at least one of these plenary meetings shall be held virtually, unless agreed otherwise.
Amendment 87 #
Proposal for a directive Recital 24 Amendment 88 #
Proposal for a directive Recital 24 (24)
Amendment 89 #
Proposal for a directive Recital 24 (24)
Amendment 90 #
Proposal for a directive Recital 24 a (new) (24a) If the central management and the European Works Council need to adapt an existing Article 6 agreement because it does not meet the new requirements of Article 6(2) of the amending Directive there is no obligation to renegotiate the entire existing agreement. The parts which do not meet the requirements of Article 6(2), could be negotiated as addendum within 2 years of transposition and additional 2 years after the implementation of the amending directive (Directive....).
Amendment 91 #
Proposal for a directive Recital 24 b (new) (24b) As the existing procedures for the special negotiating body are not clear it would be necessary to ensure that the special negotiation body has the opportunity to meet regularly with the central management in order to be able to conduct meaningful negotiations. Where the conditions laid down in Article 7(1) are met, it should be clarified that it is the responsibility of central management to initiate the establishment of a European Works Council according to the subsidiary requirements.
Amendment 92 #
Proposal for a directive Recital 26 (26) Pursuant to Article 27 of the United Nations Convention on the Rights of Persons with Disabilities, persons with disabilities are to be able to exercise their labour and trade union rights on an equal basis with others. As both the Union and its Member States are parties to that Convention, Directive 2009/38/EC and relevant national legislation are to be interpreted in accordance with that principle, for instance in relation to accessibility and reasonable accommodation for members of special negotiating bodies, members of European Works Councils and employees’ representatives exercising their functions, as well as the bearing of related costs by central management, in accordance with the provisions of this directive.
Amendment 93 #
Proposal for a directive Recital 27 (27) In accordance with Article 30(3) and Article 42(1) of Directive 2014/23/EU of the European Parliament and of the Council8, Article 18(2) and Article 71(1) of Directive 2014/24/EU of the European Parliament and of the Council9 and Article 36(2) and Article 88(1) of Directive 2014/25/EU of the European Parliament and of the Council10, Member States are to take appropriate measures to ensure that in the performance of public contracts economic operators observe applicable obligations in the fields of social and labour law established by Union law, national law and collective agreements, and the applicable social and labour provisions of international law. The effective implementation of the requirements under this Directive should be promoted through the integration, as appropriate, of
Amendment 94 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2009/38/EC Article 1 – paragraph 4 – subparagraph 1 4. Matters shall be considered to be transnational where they
Amendment 95 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2009/38/EC Article 1 – paragraph 4 – subparagraph 1 4. Matters shall be considered to be transnational where they
Amendment 96 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2009/38/EC Article 1 – paragraph 4 – subparagraph 1 4. Matters shall be considered to be transnational where they
Amendment 97 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2009/38/EC Article 1 – paragraph 4 – subparagraph 1 4. Matters shall be considered to be transnational where they
Amendment 98 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2009/38/EC Article 1 – paragraph 4 – subparagraph 1 4. Matters shall be considered to be transnational where they
Amendment 99 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2009/38/EC Article 1 – paragraph 4 – subparagraph 2 source: 759.646
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