21.

Calls on the Commission, following the publication of the independent impact assessment and in cooperation with employee ownership organisations, the Member States and, where appropriate, the social partners, to consider developing a set of basic guidelines for successful EFP schemes encompassing the following elements: (a) objective-led: companies should determine the objectives of an EFP scheme in order to select the model that is most appropriate for them and to have the best chance of achieving the desired outcome; before the introduction, EFP schemes should be subject to consultation by the workers or their representatives; collective agreements must not be undermined by agreements on EFP schemes; (b) flexible in operation and voluntary: EFP operates differently in different sectors, companies of different sizes and types, and different Member States; the decision to develop and implement an EFP scheme should therefore be made at company level in the light of existing national law and practice, and taking into account the company's financial situation; (c) additional/complementary to contractual remuneration: any EFP model should be an addition to a worker’s basic pay and contractual rights, not a substitute for these rights; (d) voluntary for employees: EFP is a means by which employees are offered a choice about how to benefit from a closer financial relationship with their employer; ultimately this has to be both optional for an individual worker to opt in and out of, but equally available to the whole workforce, including part-time workers, of a company on a non-discriminatory basis in order to achieve genuine inclusion; (e) negotiated by social partners: where national practices and traditions include social partners at company level, EFP schemes should be negotiated by the relevant social partners, on a local ‘plant-by-plant’ or company-wide basis to be tailored to the specific conditions and circumstances of the company and its workforce; such schemes should not discriminate against employees for belonging to a trade union or on any other ground for discrimination listed in Article 10 TFEU; (f) clear information: such information must be given to employees on the risks and rights attached to opting into an EFP scheme, including any vesting period: the decision to join an EFP scheme should be based on the informed consent of an employee, given in the full knowledge of their entitlements, obligations and the underlying risks as well as taxation effects when joining a scheme and the conditions which apply when they leave the company or the scheme under any circumstances; (g) involvement in governance: an employer should, depending on the scheme, invite a worker or workers to become directly involved in the governance of a company; where this is the case, rights and responsibilities should be clearly and jointly defined; (h) if sharing in ownership is the model agreed, collective ownership of shares — e.g. in a trust — is preferable; within this model, shares should be allocated in such a way that existing pay differences are not increased; (i) it is imperative that insurance be taken out to protect worker participation from the insolvency of the undertaking; (j) the impact on gender equality should always be considered when EFP schemes are agreed upon; (k) transparency: information about the economic situation of the company concerned and information about the attached risks should be available to the workers concerned at all times;