A4-0186/99

Proposal for a Council Directive establishing a general framework for informing and consulting employees in the European Community (COM(98)0612 - C4-0706/98 - 98/0315(SYN))

The proposal was approved with the following amendments:

(Amendment 1)

Recital 9

>Original text>

Whereas there is a need to strengthen dialogue and promote mutual trust within undertakings in order to improve risk anticipation, make work organisation more flexible and facilitate employee access to training within the undertaking while maintaining security, make employees aware of adaptation needs, increase employees' availability to undertake measures and activities to increase their employability, promote employee involvement in the operation and future of the undertaking and increase its competitiveness;

>Text following EP vote>

Whereas there is a need to strengthen dialogue and promote mutual trust within undertakings in order to improve risk anticipation, make work organisation more flexible and facilitate employee access to training within the undertaking while maintaining security, make employees aware of adaptation needs, increase employees' availability to undertake measures and activities to increase their employability, promote employee involvement in the operation and future of the undertaking and increase its competitiveness

through the continuing acquisition of qualifications, the employment of workers in innovation and adherence to new forms of work organisation which are more creative and rewarding for both sides;

(Amendment 2)

Recital 17

>Original text>

Whereas the purpose of this general framework is to establish minimum requirements applicable throughout the European Community while avoiding any administrative, financial or legal constraints which would hinder the creation and development of small and medium-sized undertakings; whereas, to this end, the scope of this Directive should be restricted to undertakings with at least 50 employees, without prejudice to any more favourable national or Community provisions whereas, in order to maintain the appropriate balance between the above-mentioned factors, this minimum may be raised to 100 employees in the case of the more innovative measures proposed herein on the information and consultation of employees on developments in the employment situation within the undertaking;

>Text following EP vote>

Whereas the purpose of this general framework is to establish minimum requirements applicable throughout the European Community while avoiding any administrative, financial or legal constraints which would hinder the creation and development of small and medium-sized undertakings; whereas, to this end, the scope of this Directive should be restricted to undertakings with at least 50 employees, without prejudice to any more favourable national or Community provisions

;

(Amendment 3)

Recital 19

>Original text>

Whereas the objectives of this Directive are to be achieved through the establishment of a general framework comprising the definitions and purpose of the information and consultation, which it will be up to the Member States to complete and adapt to their own national situation, ensuring, where appropriate, that the social partners have a leading role by allowing them to define freely the arrangements for informing and consulting employees which they consider to be best suited to their needs and wishes;

>Text following EP vote>

Whereas the objectives of this Directive are to be achieved through the establishment of a general framework comprising the definitions and purpose of the information and consultation, which it will be up to the Member States to complete and adapt to their own national situation, ensuring, where appropriate, that the social partners have a leading role by allowing them to define freely the arrangements for informing and consulting employees which they consider to be best suited to their needs and wishes.

Whereas existing provisions at national level may not be altered to the disadvantage of employees;

(Amendment 4)

Recital 20

>Original text>

Whereas care must be taken to avoid affecting some specific rules in the field of employees' information and consultation existing in some national laws, addressed to undertakings which pursue political, professional organisation, religious, charitable, educational, scientific or artistic aims, as well as aims involving information and the expression of opinions;

>Text following EP vote>

Deleted

(Amendment 37)

Recital 21

>Original text>

Whereas undertakings must be protected against public disclosure of certain particularly sensitive information;

>Text following EP vote>

Whereas undertakings must be protected against public disclosure of certain particularly sensitive information,

though such protection must not entail any restriction of the right to information and consultation;

(Amendment 5)

Recital 25

>Original text>

Whereas other employee information and consultation rights, including those arising from 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, must not be affected by this Directive;

>Text following EP vote>

Whereas other employee information and consultation rights, including those arising from 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, must not be affected by this Directive,

provided that they are more favourable to employees;

(Amendment 6)

Recital 25a (new)

>Original text>

>Text following EP vote>

Whereas the implementation of the provisions of this Directive shall under no circumstances constitute sufficient reason to justify a lowering of the general level of protection for employees in the field covered by it;

(Amendment 7)

Article 1(1)

>Original text>

1. The purpose of this Directive is to establish a general framework for informing and consulting employees in undertakings within the European Community.

>Text following EP vote>

1.

The purpose of this Directive is to establish minimum requirements for the information and consultation of employees in undertakings within the European Community.

(Amendment 8)

Article 1(2)

>Original text>

2. When defining or implementing information and consultation procedures, the employer and the employees' representatives shall work in a spirit of co-operation and with due regard for their reciprocal rights and obligations, taking into account the interests both of the undertaking and of the employees;

>Text following EP vote>

2. Member States shall ensure that the employer and the employees' representatives, when defining or implementing information and consultation procedures, respect these minimum requirements and work together in good faith and with due respect for their reciprocal rights and obligations, taking into account the interests both of the undertaking and of the employees.

(Amendment 9)

Article 2(1)(a)

>Original text>

(a) 'undertakings' means public or private undertakings carrying out an economic activity, whether or not operating for gain, which are located within the territory of the Member States of the European Community and have at least 50 employees, without prejudice to the provisions of Article 4(3);

>Text following EP vote>

(a)

'undertakings' means public or private undertakings carrying out an economic activity, whether or not operating for gain, which are located within the territory of the Member States of the European Community and have at least 50 employees;

(Amendment 10)

Article 2(1)(b)

>Original text>

(b) 'employer' means the natural or legal person party to employment contracts or employment relationships with employees;

>Text following EP vote>

(b)

'employer' means the natural or legal person party to employment contracts or employment relationships with employees pursuant to national law and/or practice;

(Amendment 11)

Article 2(1)(c)

>Original text>

(c) 'employees' representatives' means the employees' representatives provided for by national laws and/or practices;

>Text following EP vote>

(c)

'employees' representatives' means the permanent, stable and independent employees' representatives provided for by national law and/or practice;

(Amendment 41)

Article 2(1)(ca) (new)

>Original text>

>Text following EP vote>

(ca) 'social partners' means the competent representative organisation of the trade unions, the employee representatives of the undertaking, as provided by law, the employers' organisation or the employer;

(Amendment 13)

Article 2(1)(e)

>Original text>

(e) 'consultation' means the organisation of a dialogue and exchange of views between the employer and the employees' representatives on the subjects set out in Article 4(1)(b) and (c),

>Text following EP vote>

(e)

'consultation' means dialogue and exchange of views between the employer and the employees' representatives on the subjects set out in Article 4(1),

>Original text>

- ensuring that the timing, method and content are such that this step is effective;

>Text following EP vote>

- during the planning stage, so as to ensure that this step is effective and that an influence can be exerted;

>Original text>

- at the appropriate level of management and representation, depending on the subject under discussion;

>Text following EP vote>

- at the appropriate level of management and representation, depending on the subject under discussion;

>Original text>

- on the basis of the relevant information to be supplied by the employer and the opinion which the employees' representatives are entitled to formulate;

>Text following EP vote>

- on the basis of information in accordance with subparagraph (d) and the opinion which the employees' representatives are entitled to formulate;

>Original text>

- including the employees' representatives' right to meet with the employer and obtain a response, and the reasons for that response, to any opinion they may formulate;

>Text following EP vote>

- including the employees' representatives' right to meet with the employer and obtain a response, and the reasons for that response, to any opinion they may formulate;

>Original text>

- including, in the case of decisions within the scope of the employer's management powers, an attempt to seek prior agreement on the decisions referred to in Article 4(1)(c).

>Text following EP vote>

- including, in the case of decisions within the scope of the employer's management powers, an attempt to seek prior agreement.

(Amendment 15)

Article 2(2)

>Original text>

2. In conformity with the principles and objectives of this Directive, Member States may lay down particular provisions applicable to undertakings which pursue directly and essentially political, professional organisation, religious, charitable, educational, scientific or artistic aims, as well as aims involving information and the expression of opinions, on condition that, at the date of adoption of this Directive, such particular provisions already exist in national legislation.

>Text following EP vote>

Deleted

(Amendment 16)

Article 2(2a) (new)

>Original text>

>Text following EP vote>

2a. The Member States shall determine the levels (plant, undertaking or group of undertakings at national level) which, depending on the subject dealt with, guarantee full compliance with the objectives of this Directive.

(Amendment 17)

Article 2(2b) (new)

>Original text>

>Text following EP vote>

2b. The Member States, without prejudice to existing national provisions or practice, shall create mechanisms designed to foster and promote social dialogue also in small and medium-sized enterprises, which do not come within the field of application of this Directive, in order to extend to them the achievement of the general objectives contained in it.

(Amendment 43)

Article 3(1)

>Original text>

1. Member States may authorise the social partners at the appropriate level, including at undertaking level, to define freely and at any time through negotiated agreement the procedures for implementing the employee information and consultation requirements referred to in Articles 1, 2 and 4 of this Directive.

>Text following EP vote>

1. Member States may authorise the social partners at the appropriate level, including at undertaking level, to define freely and at any time through negotiated agreement the procedures for implementing the employee information and consultation requirements referred to in Articles 1, 2 and 4 of this Directive,

provided that the minimum standards laid down at national level are upheld.

(Amendment 20)

Article 3(2)

>Original text>

2. The agreements referred to in paragraph 1 may establish, while respecting the general objectives laid down by the Directive and subject to conditions and limitations laid down by the Member States, arrangements which are different to those referred to in Article 2(1)(d) and (e) and Article 4 of the present Directive.

>Text following EP vote>

2. The social partners may conclude agreements which, while respecting the general objectives laid down by the Directive and subject to generally applicable conditions laid down by the Member States, provide for rules and arrangements which are more favourable for employees than those laid down by this Directive.

(Amendment 21)

Article 4(1)(a)

>Original text>

.(a) information on the recent as well as the reasonably foreseeable development of the undertaking's activities and its economic and financial situation;

>Text following EP vote>

.(a)

information and consultation on the recent as well as the reasonably foreseeable development of the undertaking's activities and its economic and financial situation, in particular as regards investment, production, sales and structure;

(Amendment 22)

Article 4(1)(c)

>Original text>

(c) information and consultation on decisions likely to lead to substantial changes in work organisation or in contractual relations, including those covered by the Community provisions referred to in Article 8(1).

>Text following EP vote>

(c)

information and consultation on decisions likely to lead to substantial changes in work organisation or in contractual relations, including those covered by the Community provisions referred to in Article 8(1), such as the introduction of new production processes, transfers of production, relocation, mergers, reductions in capacity or the closure of the undertaking, of plants or of substantial parts thereof.

(Amendment 23)

Article 4(1)(ca) (new)

>Original text>

>Text following EP vote>

(ca) information and consultation on training and continuing training, equal opportunities and health and safety at the workplace (in accordance with the provisions of framework Directive 89/391/EEC).

(Amendment 24)

Article 4(2a) (new)

>Original text>

>Text following EP vote>

2a. Member States shall ensure that, where a decision to be implemented will have considerable adverse consequences for employees, the final decision may be postponed for an appropriate period at the request of the employees' representatives so that consultations may continue with the aim of avoiding or mitigating such adverse consequences.

(Amendment 25)

Article 4(3)

>Original text>

3. Member States may exclude from the information and consultation obligations referred to in paragraph 1(b) of this Article undertakings with fewer than 100 employees.

>Text following EP vote>

Deleted

(Amendment 26)

Article 4a (new)

>Original text>

>Text following EP vote>

Article 4a

Experts

Employees' representatives may, if they so wish, request the assistance of experts specified by them.

(Amendment 27)

Article 5(2)

>Original text>

2. Member States shall provide, in specific cases and within the conditions and limits laid down by national legislation, that the employer is not obliged to communicate information or undertake consultation when the nature of that information or consultation is such that, according to objective criteria, it would seriously harm the functioning of the undertaking or would be prejudicial to it.

>Text following EP vote>

Deleted

(Amendment 28)

Article 6

>Original text>

Employees' representatives shall, when carrying out their functions, enjoy adequate protection and guarantees to enable them to perform properly the duties which have been assigned to them.

>Text following EP vote>

Employees' representatives shall, when carrying out their functions, enjoy adequate protection and guarantees to enable them to perform the duties which have been assigned to them.

In particular, employees' representatives must be entitled to

>Original text>

>Text following EP vote>

(a) legal protection against dismissal or disadvantage with regard to career, wage and training during their term of office and for six months thereafter (they may not be dismissed during that period except with the consent of their representative organisation, and

>Original text>

>Text following EP vote>

(b) appropriate and continuing training, including paid training leave, the organisation of periodic meetings among themselves and with all the employees and the use of the firm's internal computer networks.

(Amendment 29)

Article 7(3)(b)

>Original text>

(b) the withholding of important information or provision of false information rendering ineffective the exercise of the right to information and consultation.

>Text following EP vote>

(b)

the withholding of information or provision of incomplete or false information with the intention of rendering ineffective the exercise of the right to information and consultation.

(Amendment 31)

Article 8(3)

>Original text>

3. This Directive shall be without prejudice to other rights of employees to information, consultation and participation under national law.

>Text following EP vote>

3.

This Directive shall be without prejudice to other existing rights to information, consultation and participation under national law which are more favourable to employees.

(Amendment 32)

Article 8(3a) (new)

>Original text>

>Text following EP vote>

3a. Implementation of the provisions of this Directive shall under no circumstances constitute sufficient reason to justify a lowering of existing standards in the Member States or the general level of protection for employees in the field covered by it.

(Amendment 33)

Article 8a (new)

>Original text>

>Text following EP vote>

Article 8a

Public sector

1. This Directive shall also apply to the public sector, including the civil service and public services.

>Original text>

>Text following EP vote>

2. The Member States shall ensure that the social partners introduce the necessary provisions by means of agreements, or that the laws, regulations or administrative provisions needed to comply with this Article are adopted.

(Amendment 34)

Article 9(1)

>Original text>

1. Member States shall adopt the laws, regulations and administrative provisions necessary to comply with this Directive no later than . . . (two years after adoption) or shall ensure that the social partners introduce the required provisions by way of agreement, the Member States being obliged to take all necessary steps enabling them to guarantee the results imposed by this Directive at all times. They shall forthwith inform the Commission thereof.

>Text following EP vote>

1. After consulting the social partners, in accordance with current legislation and practice in the Member States, Member States shall adopt the laws, regulations and administrative provisions necessary to comply with this Directive no later than . . . (two years after adoption) or shall ensure that the social partners introduce the required provisions by way of agreement, the Member States being obliged to take all necessary steps enabling them to guarantee the results imposed by this Directive at all times. They shall forthwith inform the Commission thereof.

(Amendment 35)

Article 10

>Original text>

Not later than ... (five years after adoption), the Commission shall, in consultation with the Member States and the social partners at Community level, review the application of this Directive with a view to proposing to the Council any necessary amendments.

>Text following EP vote>

Not later than ... (five years after adoption), the Commission shall, in consultation with the Member States and the social partners at Community level, review the application of this Directive

, and in particular the validity of the ceilings on staff numbers, with a view to proposing to the Council any necessary amendments.

Legislative resolution embodying Parliament's opinion on the proposal for a Council Directive establishing a general framework for informing and consulting employees in the European Community (COM(98)0612 - C4-0706/98 - 98/0315(SYN)(Cooperation procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to the Council (COM(98)0612 - 98/0315(SYN) ((OJ C 2, 5.1.1999, p. 3.)),

- having been consulted by the Council pursuant to Article 189c of the EC Treaty and to Article 2(2) of the Agreement on Social Policy attached to Protocol No 14 on Social Policy annexed to the EC Treaty (C4-0706/98),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Employment and Social Affairs and the opinion of the Committee on Legal Affairs ans Citizens' Rights (A4-0186/99),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189c(a) of the EC Treaty;

4. Calls for the conciliation procedure to be opened should the Council intend to depart from the text approved by Parliament;

5. Instructs its President to forward this opinion to the Council and Commission.