Establishment and functioning of European Works Councils - effective enforcement

Amendments tabled for the plenary sitting on this text, in their own numbering series. This is a different set from the committee amendments tracked elsewhere on AmendEU, and is not counted in any of the site’s amendment totals.

1. Amendment 1Proposal for a directive · Recital 5
   Current text

   (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 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 the consequences of those measures can reasonably be expected to affect workers in at least one other Member State. This is…

   Amendment

   (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 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 the consequences of those measures can reasonably be expected to affect workers in at least one other Member State. Cases in…

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2. Amendment 2Proposal for a directive · Recital 8
   Current text

   (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, reducing 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.

   Amendment

   (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 that the regular annual meetings of the European Works Council and the select committee should take place in person, whereas additional meetings may be held in a virtual environment, using online meeting tools if so agreed, reducing 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 financ…

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3. Amendment 3Proposal for a directive · Recital 9
   Current text

   (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 appropriate to require that certain types of financial and material resources be determined specifically in the European Works Council agreements, namely the possible use of experts – such as technical subject-matter experts or legal experts – and the coverage of experts’ fees, and the coverage of legal costs, including the costs of legal representation and of participation in administrative or judicial proceedings. The agreements should also address t…

   Amendment

   (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 appropriate to require that certain types of financial and material resources be determined specifically in the European Works Council agreements, namely the possible use of experts – such as representatives of a recognised Community-level trade-union, technical subject-matter experts or legal experts – and the coverage of experts’ fees, and the coverage of legal costs, including the costs of legal representation and of participation in administrative…

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4. Amendment 4Proposal for a directive · Recital 10
   Current text

   (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 European Wor…

   Amendment

   (10) European Works Councils should promote a balanced, inclusive and diverse representation of employees. 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…

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5. Amendment 5Proposal for a directive · Recital 12
   Current text

   (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. When sharing information in confidence, central management should be required to provide at the same time a reasonable justification. 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 gro…

   Amendment

   (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 in which 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…

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6. Amendment 6Proposal for a directive · Recital 15
   Current text

   (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…

   Amendment

   (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 meaningful and timely way that enables worker’s representatives to express their opinion prior to the adoption of the decision, which could include business plans, social plans, and process innovations where they may impact on redundancies, and that opinions issued by European Works Councils or employees’ representatives must receive a reasoned response from central management before the latter or other c…

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7. Amendment 7Proposal for a directive · Recital 15 a (new)
   Amendment

   (15a) In the case of a disagreement about whether to undertake an information or consultation procedure, there is a lack of guidance on how to resolve the negative effects that such disagreements may have on members of European Works Councils and employee representatives. Therefore, if there is a dispute with regard to whether an information and consultation procedure should be undertaken, the central management should provide duly substantiated grounds in writing specifying the reasons why the provisions in this Directive relating to information and consultation are not applicable.

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8. Amendment 8Proposal for a directive · Recital 15 b (new)
   Amendment

   (15b) In the context of an information and consultation procedure, the European Works Council or the select committee should be able to request assistance and advice from experts of its choice, such as representatives of competent recognised Community-level trade union organisations. Such experts should be allowed to attend meetings of the European Works Council and meetings with the central management in an advisory capacity. Moreover, Member States can lay down budgetary rules for the operation of a European Works Council.

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9. Amendment 9Proposal for a directive · Recital 17
   Current text

   (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 enfo…

   Amendment

   (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, including members of the special negotiation body and members of a European Works Council, can bring judicial, and where applicable, administrative procedures, in respect of all their rights under this Directive, including th…

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10. Amendment 10Proposal for a directive · Recital 18
    Current text

    (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 under…

    Amendment

    (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. Financial penalties 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 should also be provided for, including administrative and judicial procedures. In line with national law and practic…

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11. Amendment 11Proposal for a directive · Recital 19
    Current text

    (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/EC1a, 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 an…

    Amendment

    (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/EC1a, 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 and their legal status should be ensured by civil or collective labour law, depending on the different legal system of each Member State. Directive 2009/38/EC does not provide the employees in the exempted undertakings with the possibilit…

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12. Amendment 12Proposal for a directive · Recital 19 a (new)
    Amendment

    (19a) It is essential that all European Works Council agreements are governed by the same rights and obligations in order to ensure equal treatment of workers, access to the application of high Union standards, and legal certainty. With a view to creating a regulatory level-playing field governing the functioning of European Works Councils, the rights and obligations arising from Directive 2009/38/EC should be applicable to all European Works Council agreements and agreements on an information and consultation procedure concluded in accordance with Articles 5 and 6 of Directive 94/45/EC or with Articles 5 and 6 of this Directive.

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13. Amendment 13Proposal for a directive · Recital 20
    Current text

    (20) Moreover, for the same considerations, the same minimum requirements should apply to all Community-scale undertakings with European Works Councils operating under Directive 2009/38/EC and those in which a European Works Council agreement was signed or revised between 5 June 2009 and 5 June 2011. Therefore, the exemption of the latter undertakings from the application of Directive 2009/38/EC should also be deleted.

    Amendment

    deleted

    official amendment document ↗
14. Amendment 14Proposal for a directive · Recital 21
    Current text

    (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.

    Amendment

    (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 at least two. When appropriate and agreed upon and while ensuring meaningful information and consultation, digital means of communication and coo…

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15. Amendment 15Proposal for a directive · Recital 24
    Current text

    (24) In some cases, existing European Works Council agreements or agreements on information and consultation procedures, concluded under Directive 94/45/EC or Directive 2009/38/EC before the entry into force of the measures adopted by Member States to transpose this Directive, may not be in conformity with the revised requirements. It is therefore appropriate to set out transitional arrangements enabling the parties to such agreements to negotiate adaptations before the date of application of the transposition measures.

    Amendment

    (24) Existing European Works Council agreements or agreements on information and consultation procedures, concluded under Directive 94/45/EC or Directive 2009/38/EC before the entry into force of the measures adopted by Member States to transpose this Directive, may not be in conformity with the revised required contents of those agreements. It is therefore appropriate to set out transitional arrangements enabling the parties to such agreements to negotiate addenda, without, however, requiring a complete re-negotiation of the agreement. In order not to allow for any interruption of the information and consultation of employees, the existing European Works Council agreement or agreement on in…

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16. Amendment 16Proposal for a directive · Recital 24 a (new)
    Amendment

    (24a) If the central management initiates negotiations to supplement an existing European Works Council agreement or agreement on information and consultation procedures in accordance with the requirements of this Directive, there is no obligation to renegotiate the entire existing agreement. The amended requirements should be negotiated as an addendum within 2 years of the date of transposition of this Directive. Provision should be made for the subsidiary requirements specifically relating to the amended requirements to apply in the absence of an agreement on the addendum within that time limit.

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17. Amendment 17Proposal for a directive · Recital 24 b (new)
    Amendment

    (24b) It is 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 the central management to initiate the establishment of a European Works Council according to the subsidiary requirements.

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18. Amendment 18Proposal for a directive · Article 1 – paragraph 1 – point 1 · Directive 2009/38/EC · Article 1 – paragraph 4 – subparagraph 2 – point a
    Current text

    (a) the measures considered by management of the Community-scale undertaking or Community-scale group of undertakings can reasonably be expected to affect workers in undertakings or establishments in more than one Member State;

    Amendment

    (a) the measures considered by management in the Community-scale undertaking or Community-scale group of undertakings affect workers in undertakings or establishments in more than one Member State;

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19. Amendment 19Proposal for a directive · Article 1 – paragraph 1 – point 1 · Directive 2009/38/EC · Article 1 – paragraph 4 – subparagraph 2 – point b
    Current text

    (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 affected by the consequences of those measures.”;

    Amendment

    (b) the measures considered by management in 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 at least one other Member State can reasonably be expected to be affected by the consequences of those measures.”; or

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20. Amendment 20Proposal for a directive · Article 1 – paragraph 1 – point 1 · Directive 2009/38/EC · Article 1 – paragraph 4 – subparagraph 2 – point b a (new)
    Amendment

    (ba) the measures considered by central management of the Communityscale 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.

    official amendment document ↗
21. Amendment 21Proposal for a directive · Article 1 – paragraph 1 – point 1 · Directive 2009/38/EC · Article 1 – paragraph 4 a (new)
    Amendment

    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 shall include 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.

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22. Amendment 22Proposal for a directive · Article 1 – paragraph 1 – point 2
    Current text

    (2) in Article 2(1), points (f) and (g) are replaced by the following:

    Amendment

    (2) in Article 2(1), points (d), (f) and (g) are replaced by the following:

    official amendment document ↗
23. Amendment 23Proposal for a directive · Article 1 – paragraph 1 – point 2 · Directive 2009/38/EC · Article 2 – paragraph 1 – point d
    Current text

    (d) ‘employees’ representatives’ means the employees’ representatives provided for by national law and/or practice;

    Amendment

    (d) ‘employees’ representatives’ means trade unions or the employees’ representatives provided for by national law or practice;

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24. Amendment 24Proposal for a directive · Article 1 – paragraph 1 – point 2 · Directive 2009/38/EC · Article 2 – paragraph 1 – point f
    Current text

    “(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;

    Amendment

    “(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 and is 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;

    official amendment document ↗
25. Amendment 25Proposal for a directive · Article 1 – paragraph 1 – point 2 · Directive 2009/38/EC · Article 2 – paragraph 1 – point g
    Current text

    (g) ‘consultation’ means the establishment of dialogue and exchange of views between employees’ representatives and central management or any more appropriate level of management;”

    Amendment

    (g) ‘consultation’ means the establishment of dialogue and exchange of views between employees’ representatives and central management or any more appropriate level of management at such time, in such fashion and with such content as enables employees’ representatives to express a prior opinion on the basis of the information provided about the proposed measures to which the consultation is related, without prejudice to the responsibilities of the management, and within a reasonable time, which is to be taken into account within the Community-scale undertaking or Community-scale group of undertakings. Consultation is to take place in such a way as to enable employees’ representatives to obta…

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26. Amendment 26Proposal for a directive · Article 1 – paragraph 1 – point 2 · Directive 2009/38/EC · Article 2 – paragraph 1 –subparagraph 1 a (new)
    Amendment

    For the purposes of point (c) of the first subparagraph, employees of controlling and controlled undertakings within the meaning of Article 3(2), point (ca), shall also be taken into account in the definition of a Community-scale group of undertakings;

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27. Amendment 27Proposal for a directive · Article 1 – paragraph 1 – point 2 a (new) · Directive 2009/38/EC · Article 3 – paragraph 1
    Current text

    1. For the purposes of this Directive, ‘controlling undertaking’ means an undertaking which can exercise a dominant influence over another undertaking (the controlled undertaking) by virtue, for example, of ownership, financial participation or the rules which govern it.

    Amendment

    (2a) in Article 3, paragraph 1 is replaced by the following: ‘1. For the purposes of this Directive, ‘controlling undertaking’ means an undertaking which can exercise a dominant influence over another undertaking (the controlled undertaking) by virtue, for example, of ownership, financial participation, control over decisions or the rules which govern it.’

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28. Amendment 28Proposal for a directive · Article 1 – paragraph 1 – point 2 b (new) · Directive 2009/38/EC · Article 3 – paragraph 2 – point c a (new)
    Amendment

    (2b) in Article 3(2), the following point is added: (ca) operates directly or 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 such agreements ensure a common identity, a common business name or concept and the application of uniform business methods.

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29. Amendment 29Proposal for a directive · Article 1 – paragraph 1 – point 3 – point -a (new) · Directive 2009/38/EC · Article 5 – paragraph 1
    Current text

    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 written request of at least 100 employees or their representatives in at least two undertakings or establishments in at least two different Member States.

    Amendment

    (-a) paragraph 1 is replaced by the following: ‘1. In order to achieve the objective set out in Article 1(1), the central management shall initiate negotiations for the establishment of a European Works Council or an information and consultation procedure on its own initiative or at the either joint or separate written request of at least 100 employees or their representatives in at least two undertakings or establishments in at least two different Member States.’

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30. Amendment 30Proposal for a directive · Article 1 – paragraph 1 – point 3 – point a · Directive 2009/38/EC · Article 5 – paragraph 2 – point b
    Current text

    “(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;”;

    Amendment

    “(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, whereby women and men each hold at least 40% of the posts of member of the special negotiating body, 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. If this objective is not reached, the reasons shall be explained in w…

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31. Amendment 31Proposal for a directive · Article 1 – paragraph 1 – point 3 – point a a (new) · Directive 2009/38/EC · Article 5 – paragraph 4 – subparagraph 3
    Current text

    For the purpose of the negotiations, the special negotiating body may request assistance from experts of its choice which can include representatives of competent recognised Community-level trade union organisations. Such experts and such trade union representatives may be present at negotiation meetings in an advisory capacity at the request of the special negotiating body.

    Amendment

    (aa) in paragraph 4, the third subparagraph is replaced by the following: ‘For the purpose of the negotiations, the special negotiating body may request assistance from representatives of competent recognised Community-level trade union organisations and, if needed, further experts. Such experts and such trade union representatives may be present at negotiation meetings in an advisory capacity at the request of the special negotiating body.’

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32. Amendment 32Proposal for a directive · Article 1 – paragraph 1 – point 3 – point b – indent 1 · Directive 2009/38/EC · Article 5 – paragraph 6 – subparagraph 1
    Current text

    “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 notified to central management before they are incurred.”;

    Amendment

    “These expenses shall include reasonable costs of experts, including a representative of a recognised Community-level trade-union, 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 and approved by central management before they are incurred.”;

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33. Amendment 33Proposal for a directive · Article 1 – paragraph 1 – point 4 – point a – indent 2 · Directive 2009/38/EC · Article 6 – paragraph 2 – point f – subparagraph 2
    Current text

    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.]. __________________________ * [OP: insert OJ reference to this amending Directive.]”;

    Amendment

    deleted

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34. Amendment 34Proposal for a directive · Article 1 – paragraph 1 – point 4 – point b · Directive 2009/38/EC · Article 6 – paragraph 2 a (new)
    Current text

    “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 whereby women and men each comprise at least 40 % of European Works Council members, and where applicable, at least 40 % of select committee members.”;

    Amendment

    “2a. The central management and the special negotiating body, when negotiating a European Works Council agreement, shall agree and lay down the necessary arrangements for attaining, and without prejudice to national laws on electing workers representatives, the objective of gender balance whereby women and men each comprise at least 40 % of European Works Council members, and where applicable, at least 40 % of select committee members. ”;

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35. Amendment 35Proposal for a directive · Article 1 – paragraph 1 – point 4 a (new) · Directive 2009/38/EC · Article 7 – paragraph 1 – introductory part
    Current text

    1. In order to achieve the objective set out in Article 1(1), the subsidiary requirements laid down by the legislation of the Member State in which the central management is situated shall apply:

    Amendment

    (4a) in Article 7(1), introductory part is replaced by the following: ‘1. In order to achieve the objective set out in Article 1(1), the subsidiary requirements laid down by the legislation of the Member State in which the central management is situated shall apply with immediate effect:’

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36. Amendment 36Proposal for a directive · Article 1 – paragraph 1 – point 5 a (new) · Directive 2009/38/EC · Article 7 – paragraph 1 – indent 2 a (new)
    Amendment

    (5a) in Article 7(1), the following indent is inserted after the second indent: “— where the special negotiating body is not convened on a regular basis,’

    official amendment document ↗
37. Amendment 37Proposal for a directive · Article 1 – paragraph 1 – point 5 b (new) · Directive 2009/38/EC · Article 7 – paragraph 1 – indent 3
    Current text

    — where, after three years from the date of this request, they are unable to conclude an agreement as laid down in Article 6 and the special negotiating body has not taken the decision provided for in Article 5(5).

    Amendment

    (5b) in Article 7(1), the third indent is replaced by the following: ‘— where, after 24 months from the date of such a request, they are unable to conclude an agreement as laid down in Article 6 and the special negotiating body has not taken the decision provided for in Article 5(5).’

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38. Amendment 38Proposal for a directive · Article 1 – paragraph 1 – point 5 c (new) · Directive 2009/38/EC · Article 7 – paragraph 1 – indent 3 a (new)
    Amendment

    (5c) 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 24 months after the last day of validity of that agreement.’

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39. Amendment 39Proposal for a directive · Article 1 – paragraph 1 – point 6 · Directive 2009/38/EC · Article 8 – paragraph 1
    Current text

    1. Member States shall provide that members of special negotiating bodies, members of European Works Councils or employees’ representatives in the framework of an information and consultation procedure, and any experts who assist them, are not authorised to reveal information which has expressly been provided to them in confidence by central management. In addition, central management may set up adequate information transmission and storage arrangements to help safeguard the confidentiality of information provided in confidence.

    Amendment

    1. Member States shall provide that members of special negotiating bodies, members of European Works Councils or employees’ representatives in the framework of an information and consultation procedure, and any experts who assist them, are not authorised to reveal information which has expressly been provided to them in confidence by central management within the conditions and limits laid down by Union and national law and subject to objective criteria. In addition, central management may set up adequate information transmission and storage arrangements to help safeguard the confidentiality of information provided in confidence.

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40. Amendment 40Proposal for a directive · Article 1 – paragraph 1 – point 6 · Directive 2009/38/EC · Article 8 – paragraph 2
    Current text

    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 reasons justifying the provision of information in confidence.

    Amendment

    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 objective criteria justifying the provision of information in confidence and shall determine the duration of the confidentiality requirements.

    official amendment document ↗
41. Amendment 41Proposal for a directive · Article 1 – paragraph 1 – point 6 · Directive 2009/38/EC · Article 8 – paragraph 3
    Current text

    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, in agreement with central management, the justification provided is considered to have become obsolete.”;

    Amendment

    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 the justification provided is considered to have become obsolete.”;

    official amendment document ↗
42. Amendment 42Proposal for a directive · Article 1 – paragraph 1 – point 6 · Directive 2009/38/EC · Article 8 – paragraph 3 a (new)
    Amendment

    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.

    official amendment document ↗
43. Amendment 43Proposal for a directive · Article 1 – paragraph 1 – point 7 · Directive 2009/38/EC · Article 8a – paragraph 1 – subparagraph 2
    Current text

    A Member State may make such dispensation subject to prior administrative or judicial authorisation.

    Amendment

    Member States shall make such dispensation subject to prior administrative or judicial authorisation.

    official amendment document ↗
44. Amendment 44Proposal for a directive · Article 1 – paragraph 1 – point 8 · Directive 2009/38/EC · Article 9 – paragraph 2
    Current text

    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 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

    2. Information on transnational matters shall be given at such time, in such fashion and with such content as are necessary and sufficient to enable the European Works Council to consult relevant employees’ representatives at national and local level, to undertake an in-depth assessment of their possible impact, and, where appropriate, prepare for meaningful consultations with the competent organ of the Community-scale undertaking or Community-scale group of undertakings.

    official amendment document ↗
45. Amendment 45Proposal for a directive · Article 1 – paragraph 1 – point 8 · Directive 2009/38/EC · Article 9 – paragraph 3 a (new)
    Amendment

    3a. In duly justified and exceptional cases, where the adoption of a decision requires urgency, management and employees’ representatives shall carry out an effective information and consultation process in accordance with paragraphs 2 and 3 as quickly as possible. When appropriate and agreed upon, digital means of communication and coordination can be used for that purpose.

    official amendment document ↗
46. Amendment 46Proposal for a directive · Article 1 – paragraph 1 – point 8 · Directive 2009/38/EC · Article 9 – paragraph 3 b (new)
    Amendment

    3b. If there is a dispute between the central management and the European Works Council or 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.

    official amendment document ↗
47. Amendment 47Proposal for a directive · Article 1 – paragraph 1 – point 8 · Directive 2009/38/EC · Article 9 – paragraph 3 c (new)
    Amendment

    3c. In so far 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 experts of its choice. Such experts may include representatives of competent recognised Community-level trade union organisations. 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.

    official amendment document ↗
48. Amendment 48Proposal for a directive · Article 1 – paragraph 1 – point 8 · Directive 2009/38/EC · Article 10 – paragraph 1
    Current text

    1. Without prejudice to the competence of other bodies or organisations in this respect, the members of the European Works Council shall have the means required to apply the rights arising from this Directive, to represent collectively the interests of the employees of the Community-scale undertaking or Community-scale group of undertakings.

    Amendment

    1. Without prejudice to the competence of other bodies or organisations in this respect, the members of the special negotiating body, the members of the European Works Council and the employees’ representatives shall have the means and 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.

    official amendment document ↗
49. Amendment 49Proposal for a directive · Article 1 – paragraph 1 – point 8 · Directive 2009/38/EC · Article 10 – paragraph 2
    Current text

    2. Without prejudice to Articles 8 and 8a, the members of the European Works Council shall have the right and necessary means to inform the representatives of the employees of the establishments or of the undertakings of a Community-scale group of undertakings or, in the absence of representatives, the workforce as a whole, of the content and outcome of the information and consultation procedure, in particular before and after the meetings with the central management.

    Amendment

    2. Without prejudice to Articles 8 and 8a, the members of the European Works Council shall have the right and necessary means to inform the representatives of the employees of the establishments or of the undertakings of a Community-scale group of undertakings or, in the absence of representatives, the workforce as a whole, of the content and outcome of the information and consultation procedure, and whenever it deems it necessary to perform its tasks deriving from this Directive, in particular before and after the meetings with the central management.

    official amendment document ↗
50. Amendment 50Proposal for a directive · Article 1 – paragraph 1 – point 8 · Directive 2009/38/EC · Article 10 – paragraph 3 – subparagraph 1
    Current text

    Members of special negotiating bodies, members of European Works Councils and employees’ representatives exercising their functions under the procedure referred to in Article 6(3) shall, in the exercise of their functions, enjoy protection and guarantees equivalent to those provided for employees’ representatives by the national legislation and practice in force in their country of employment.

    Amendment

    Members of special negotiating bodies, members of European Works Councils and employees’ representatives exercising their functions under the procedure referred to in Article 6(3) shall, in the exercise of their functions, including the right to form and join trade unions, enjoy protection and guarantees equivalent to those provided for employees’ representatives by the national legislation and/or practice in force in their country of employment.

    official amendment document ↗
51. Amendment 51Proposal for a directive · Article 1 – paragraph 1 – point 8 · Directive 2009/38/EC · Article 10 – paragraph 3 – subparagraph 2 a (new)
    Amendment

    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.

    official amendment document ↗
52. Amendment 52Proposal for a directive · Article 1 – paragraph 1 – point 8 · Directive 2009/38/EC · Article 10 – paragraph 3 – subparagraph 2 b (new)
    Amendment

    Meetings shall, where practicable, be scheduled to facilitate the participation of members or alternates, who are members of the crews of seagoing vessels.

    official amendment document ↗
53. Amendment 53Proposal for a directive · Article 1 – paragraph 1 – point 8 · Directive 2009/38/EC · Article 10 – paragraph 3 – subparagraph 2 c (new)
    Amendment

    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.

    official amendment document ↗
54. Amendment 54Proposal for a directive · Article 1 – paragraph 1 – point 8 · Directive 2009/38/EC · Article 10 – paragraph 4 – subparagraph 1
    Current text

    In so far as this is necessary for 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

    In so far as this is necessary for and 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.

    official amendment document ↗
55. Amendment 55Proposal for a directive · Article 1 – paragraph 1 – point 8 · Directive 2009/38/EC · Article 10 – paragraph 4 – subparagraph 2
    Current text

    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, provided that the central management has been informed in advance.

    Amendment

    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, or any other appropriate level of management, provided that the central management or any other appropriate level of management, has been informed in advance.

    official amendment document ↗
56. Amendment 56Proposal for a directive · Article 1 – paragraph 1 – point 9 – point a · Directive 2009/38/EC · Article 11 – paragraph 2 – subparagraph 1 – point a
    Current text

    (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

    (a) adequate administrative and judicial procedures are available and easily accessible to enable the rights and obligations deriving from this Directive to be enforced in a timely and effective manner, to apply for and terminate including the possibility to request a preliminary injunction for the temporary suspension of decisions of the central management where such decisions are challenged on the basis that there has been an infringement of the information and consultation requirements under this Directive or under agreements concluded pursuant thereto. The effects of the challenged decisions on employment contracts or employment relationships of the affected employees shall be suspended…

    Excerpt — full text in the official PDF.
    official amendment document ↗
57. Amendment 57Proposal for a directive · Article 1 – paragraph 1 – point 9 – point a · Directive 2009/38/EC · Article 11 – paragraph 2 – point b – subparagraph 1 a (new) – introductory part
    Amendment

    The penalties referred to in point (b) shall include:

    official amendment document ↗
58. Amendment 58Proposal for a directive · Article 1 – paragraph 1 – point 9 – point a · Directive 2009/38/EC · Article 11 – paragraph 2 – point b – subparagraph 1 a (new) – point i
    Amendment

    (i) 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;

    official amendment document ↗
59. Amendment 59Proposal for a directive · Article 1 – paragraph 1 – point 9 – point a · Directive 2009/38/EC · Article 11 – paragraph 2 – point b – subparagraph 1 a (new) – point ii
    Amendment

    (ii) orders excluding the undertaking from an entitlement to some or all public benefits, aids or subsidies, including Union funds managed by the relevant Member States, for a period of up to three years;

    official amendment document ↗
60. Amendment 60Proposal for a directive · Article 1 – paragraph 1 – point 9 – point a · Directive 2009/38/EC · Article 11 – paragraph 2 – point b – subparagraph 1 a (new) – point iii
    Amendment

    (iii) 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 (OJ L 94, 28.3.2014, p. 65).

    official amendment document ↗
61. Amendment 61Proposal for a directive · Article 1 – paragraph 1 – point 9 – point a · Directive 2009/38/EC · Article 11 – paragraph 2 – subparagraph 2
    Current text

    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, without prejudice to the possibility to provide for other types of sanctions in addition.

    Amendment

    In the case of infringements as referred to in point (b) of this paragraph, which are not committed intentionally, the financial penalties referred to in point (a) of this paragraph, 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) (OJ L 119, 4.5.2016, p. 1).

    official amendment document ↗
62. Amendment 62Proposal for a directive · Article 1 – paragraph 1 – point 9 – point a · Directive 2009/38/EC · Article 11 – paragraph 2 – subparagraph 3
    Current text

    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, and in respect of pecuniary sanctions, also the size and financial situation of the sanctioned undertaking or group, and any other relevant criteria.”;

    Amendment

    In the case of infringements as referred to in point (b) of this paragraph which are committed intentionally, the financial penalties referred to in point (a) of this paragraph shall be substantive and equivalent to those provided for in Article 83(5) of Regulation (EU) 2016/679.”;

    official amendment document ↗
63. Amendment 63Proposal for a directive · Article 1 – paragraph 1 – point 9 – point b – indent 1 a (new) · Directive 2009/38/EC · Article 11 – paragraph 3 – subparagraph 1 a (new)
    Amendment

    – the following subparagraph is inserted after the first subparagraph: "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;"

    official amendment document ↗
64. Amendment 64Proposal for a directive · Article 1 – paragraph 1 – point 9 – point c · Directive 2009/38/EC · Article 11 – paragraph 4
    Current text

    “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, nor otherwise prejudice their right to bring legal proceedings.”;

    Amendment

    “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.”;

    official amendment document ↗
65. Amendment 65Proposal for a directive · Article 1 – paragraph 1 – point 9 a (new) · Directive 2009/38/EC · Article 12 – paragraph 2
    Current text

    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. That agreement shall be without prejudice to the provisions of national law and/or practice on the information and consultation of employees.

    Amendment

    (9a) in Article 12, paragraph 2 is replaced by the following: 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 in order to ensure 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.

    official amendment document ↗
66. Amendment 66Proposal for a directive · Article 1 – paragraph 1 – point 10 · Directive 2009/38/EC · Article 12 – paragraph 6
    Current text

    (10) in Article 12, the following paragraph is added: “6. Each Member State may lay down particular provisions for the central management of undertakings in its territory which pursue directly and essentially the aim of ideological guidance with respect to information and the expression of opinions, on condition that, at the date of adoption of this Directive such particular provisions already exist in the national legislation.”;

    Amendment

    deleted

    official amendment document ↗
67. Amendment 67Proposal for a directive · Article 1 – paragraph 1 – point 12 · Directive 2009/38/EC · Article 14a – paragraph 1
    Current text

    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 at the writt…

    Amendment

    1. Where 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 does not determine all the elements listed in Article 6(2), as amended by [OP: insert reference to this amending Directive] central management shall initiate negotiations by ... [one year from date of entry into force of this Directive] for the establishment of an addendum, determining the elements not determined by the existing European Works C…

    Excerpt — full text in the official PDF.
    official amendment document ↗
68. Amendment 68Proposal for a directive · Article 1 – paragraph 1 – point 12 · Directive 2009/38/EC · Article 14a – paragraph 2
    Current text

    2. Where the European Works Council agreement or agreement on an information and consultation procedure contains procedural arrangements for its adaptation or renegotiation, the adaptation may be negotiated pursuant to those arrangements. Otherwise, the adaptation shall follow the procedure set out in Article 5 in conjunction with Article 13, second and third paragraphs.

    Amendment

    2. Where the European Works Council agreement or agreement on an information and consultation procedure contains procedural arrangements for its adaptation, the establishment of the addendum may be negotiated pursuant to those arrangements. Otherwise, the establishment of the addendum shall follow the procedure set out in Article 5 in conjunction with Article 13, second and third paragraphs.

    official amendment document ↗
69. Amendment 69Proposal for a directive · Article 1 – paragraph 1 – point 12 · Directive 2009/38/EC · Article 14a – paragraph 3
    Current text

    3. Where an adaptation procedure does not lead to an agreement within two years from the date of the respective request by employees or their representatives, the subsidiary requirements set out in Annex I shall apply. ”;

    Amendment

    3. Where an adaptation procedure initiated pursuant to paragraph 1 does not lead to an agreement on the addendum within two years following the initiation of the negotiations, the subsidiary requirements set out in Annex I in respect of the elements not determined in the existing European Works Council agreement or agreement on an information and consultation procedure shall apply.”;

    official amendment document ↗
70. Amendment 70Proposal for a directive · Article 1 – paragraph 1 – point 12 a (new) · Directive 2009/38/EC · Article 15 a (new)
    Amendment

    (12a) The following article is inserted: ‘Article 15a 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, three representatives of each of the European social partners, and the Commission. 3. The monitoring committee shall meet twice per year and shall be chaired by the Commission.’

    official amendment document ↗
71. Amendment 71Proposal for a directive · Article 2 – paragraph 2 a (new)
    Amendment

    “2a. Member States shall notify the Commission of the measures taken pursuant to Article 11(2) at the earliest opportunity.”

    official amendment document ↗
72. Amendment 72Proposal for a directive · Annex 1 – paragraph 1 – point 1 – point a a (new) · Directive 2009/38/EC · Annex 1 – point 1 – point a – paragraph 2
    Current text

    The information of the European Works Council shall relate in particular to the structure, economic and financial situation, probable development and production and sales of the Community-scale undertaking or group of undertakings. The information and consultation of the European Works Council shall relate in particular to the situation and probable trend of employment, investments, and substantial changes concerning organisation, introduction of new working methods or production processes, transfers of production, mergers, cut-backs or closures of undertakings, establishments or important parts thereof, and collective redundancies.

    Amendment

    (aa) in paragraph 1, the second subparagraph of point (a) is replaced by the following: The information of the European Works Council on transnational matters shall relate in particular to the structure, economic and financial situation, probable development and production and sales of the Community-scale undertaking or group of undertakings. The information and consultation of the European Works Council shall relate in particular to the situation and probable trend of employment, working conditions, skills and training policies including in franchise networks, and substantial changes concerning organisation, introduction of new working methods or production processes, transfers of productio…

    Excerpt — full text in the official PDF.
    official amendment document ↗
73. Amendment 73Proposal for a directive · Annex 1 – paragraph 1 – point 1 – point c · Directive 2009/38/EC · Annex 1 – point 1 – point dd
    Current text

    “(dd) as far as possible, women and men shall each comprise at least 40% of European Works Council members and of select committee members;”;

    Amendment

    “(dd) 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.

    official amendment document ↗
74. Amendment 74Proposal for a directive · Annex 1 – paragraph 1 – point 2 · Directive 2009/38/EC · Annex 1 – point 2
    Current text

    “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.”

    Amendment

    “2. The European Works Council shall have the right to meet in person with the central management at least twice a year, to be informed and consulted, on the basis of a report drawn up by the central management, on the progress of the business of the Community-scale undertaking or Community-scale group of undertakings and its prospects. The local managements shall be informed accordingly. When appropriate and agreed upon and while ensuring meaningful information and consultation, digital means of communication and coordination can be used in exceptional cases without replacing ordinary meetings.”

    official amendment document ↗
75. Amendment 75Proposal for a directive · Annex I – paragraph 1 – point 3 · Directive 2009/38/EC · Annex I – point 3 – subparagraph 1
    Current text

    “Where there are exceptional circumstances or decisions which are likely to affect the employees’ interests to a considerable extent, and urgency does not allow for information or consultation to take place at the following scheduled European Works Council meeting, particularly in the event of relocations, the closure of establishments or undertakings or collective redundancies, the select committee or, where no such committee exists, the European Works Council, shall have the right to be informed in a timely manner. It shall have the right to meet, at its request, the central management, or any other more appropriate level of management within the Community-scale undertaking or group of und…

    Amendment

    “Where there are exceptional circumstances or decisions which may or are likely to affect the employees’ interests to a considerable extent, and urgency does not allow for information or consultation to take place at the following scheduled European Works Council meeting, particularly in the event of relocations, the closure of establishments or undertakings or collective redundancies, the select committee or, where no such committee exists, the European Works Council, shall have the right to be informed in a timely manner. It shall have the right to meet, at its request, the central management, or any other more appropriate level of management within the Community-scale undertaking or group…

    Excerpt — full text in the official PDF.
    official amendment document ↗
76. Amendment 76Proposal for a directive · Annex I – paragraph 1 – point 3 · Directive 2009/38/EC · Annex I – point 3 – subparagraph 2
    Current text

    Those members of the European Works Council who have been elected or appointed by the establishments and/or undertakings which are directly concerned or can reasonably be expected to be directly concerned by the circumstances or decisions in question shall also have the right to participate where a meeting is organised with the select committee.”;

    Amendment

    Those members of the European Works Council who have been elected or appointed by the establishments and/or undertakings which are directly concerned or can reasonably be expected to be affected by the circumstances or decisions in question shall also have the right to participate where a meeting is organised with the select committee.”;

    official amendment document ↗
77. Amendment 77Proposal for a directive · Annex 1 – paragraph 1 – point 3 a (new) · Directive 2009/38/EC · Annex 1 – point 4 a (new)
    Amendment

    4a. Information and consultation procedures within the European Works Council shall be carried out without prejudice to those taking place at the national level. Where a procedure is already taking place at the national level, the European Works Council and the central management shall ensure that those procedures can complement each other with respect to the content and the timing of the procedures.

    official amendment document ↗
78. Amendment 78Proposal for a directive · Annex 1 – paragraph 1 – point 5 – point a · Directive 2009/38/EC · Annex 1 – point 6 – paragraph 3a
    Current text

    The operating expenses of the European Works Council shall include reasonable costs of legal assistance, representation and proceedings. Operating expenses shall be notified to central management before they are incurred.

    Amendment

    The operating expenses of the European Works Council shall include reasonable costs of legal assistance, representation and proceedings, and relevant training to members of the European Works Council. Operating expenses shall be notified to central management before they are incurred.

    official amendment document ↗
79. Amendment 79EMPLProposal for a directive

    Replaces or inserts a longer passage — full text in the official document.

    official amendment document ↗
80. Amendment 81PfEProposal for a directive

    Replaces or inserts a longer passage — full text in the official document.

    official amendment document ↗