Changes from report parliamentary committee draft to plenary report

Change 24

RemovedArticle 1 – paragraph 1 – point 4 – point a – indent 1, Article 6 – paragraph 2 – point b: ‘(b) the composition of the European Works Council, the number of members, the allocation of seats, taking into account where possible the need for balanced representation of employees with regard to their activities and category, and representation of employees with regard to their activities and category, and the term of office, including, when allocating the seats, a set of procedural requirements to attain a gender-balanced representation;’

AddedArticle 1 – paragraph 1 – point 3 – point -a (new), Article 5 – paragraph 1: (-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.’

RemovedArticle 1 – paragraph 1 – point 5: (5) Article 7, paragraph 1 is amended as follows: / (a) the second and third indents are replaced by the following:

Directive 2009/38/EC

Change 25

RemovedArticle 1 – paragraph 1 – point 5, Article 7 – paragraph 1 – indent 3: ‘— where, after 18 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).’

AddedArticle 1 – paragraph 1 – point 3 – point a, Article 5 – paragraph 2 – point b: “(b) The members of the special negotiating body shall be elected or appointed in proportion to the number of employees employed in each Member State by the Community-scale undertaking or the Community-scale group of undertakings, in a manner that strives to achieve a gender-balanced representation, 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 written by the special negotiating body;”;

Directive 2009/38/EC

Change 26

RemovedArticle 1 – paragraph 1 – point 5 – point b (new), Article 7 – paragraph 1 – indent 3 a (new): (b) the following indent is added: / — where an agreement as laid down in Article 6 has been terminated and no new agreement has been concluded until the last day of validity of that agreement.

AddedArticle 1 – paragraph 1 – point 3 – point a a (new), Article 5 – paragraph 4 – subparagraph 3: (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.’

Directive 2009/38/EC

Change 27

RemovedArticle 1 – paragraph 1 – point 6, Article 8 – paragraph 1: 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, within the conditions and limits laid down by Union and national law and subject to objective criteria, 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.

AddedArticle 1 – paragraph 1 – point 3 – point b – indent 1, Article 5 – paragraph 6 – subparagraph 1: “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.”;

Directive 2009/38/EC

Change 28

AddedArticle 1 – paragraph 1 – point 4 – point a – indent 2, Article 6 – paragraph 2 – point f – subparagraph 2: deleted / (deleted)

AddedDirective 2009/38/EC

AddedArticle 1 – paragraph 1 – point 4 – point b, Article 6 – paragraph 2 a (new): “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. ”;

AddedDirective 2009/38/EC

AddedArticle 1 – paragraph 1 – point 4 a (new), Article 7 – paragraph 1 – introductory part: (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:’

AddedDirective 2009/38/EC

AddedArticle 1 – paragraph 1 – point 5 a (new), Article 7 – paragraph 1 – indent 2 a (new): (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,’

AddedDirective 2009/38/EC

AddedArticle 1 – paragraph 1 – point 5 b (new), Article 7 – paragraph 1 – indent 3: (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).’

AddedDirective 2009/38/EC

AddedArticle 1 – paragraph 1 – point 5 c (new), Article 7 – paragraph 1 – indent 3 a (new): (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.’

AddedDirective 2009/38/EC

AddedArticle 1 – paragraph 1 – point 6, Article 8 – paragraph 1: 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.

AddedDirective 2009/38/EC

Article 1 – paragraph 1 – point 6, Article 8 – paragraph 2: 2. When central management provides information in confidence in accordance with paragraph 1, it shall inform the members of the special negotiating bodies or the European Works Councils, or the employees’ representatives in the framework of an information and consultation procedure of the objective criteria justifying the provision of information in confidence and shall determine the duration of the confidentiality requirements.

Directive 2009/38/EC

Change 29

RemovedArticle 1 – paragraph 1 – point 6, Article 8 – paragraph 3 a (new): 3a. Paragraph 1 shall not apply to members of the European Works Council who reveal information to national or local work councils that may affect the situation of workers where such information has been provided to them in confidence and is subject to national rules on confidentiality

AddedArticle 1 – paragraph 1 – point 6, Article 8 – paragraph 3: 3. The obligation referred in paragraph 1 shall continue to apply, wherever the persons referred to in paragraph 1 are, even after the expiry of their terms of office, until the justification provided is considered to have become obsolete.”;

Directive 2009/38/EC

Change 30

AddedArticle 1 – paragraph 1 – point 6, Article 8 – paragraph 3 a (new): 3a. Paragraph 1 shall not apply to members of the European Works Council who reveal information to national or local work councils that may affect the situation of workers where such information has been provided to them in confidence and is subject to national rules on confidentiality.

AddedDirective 2009/38/EC

Article 1 – paragraph 1 – point 7, Article 8a – paragraph 1 – subparagraph 2: Member States shall make such dispensation subject to prior administrative or judicial authorisation.

Directive 2009/38/EC

Change 31

ChangedArticle 1 – paragraph 1 – point 8, Article 9 – paragraph 2: 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 andto consult relevant employees’ representatives at national and local levellevel, to undertake an in-depth assessment of their possible impactimpact, and, where appropriate, prepare for meaningful consultations with the competent organ of the Community-scale undertaking or Community-scale group of undertakings.

Directive 2009/38/EC

Change 32

ChangedArticle 1 – paragraph 1 – point 8, Article 9 – paragraph 3 a (new): 3a. In duly justified casesand 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,appropriate and agreed upon, digital means of communication and coordination can be used for thisthat purpose.

Directive 2009/38/EC

Article 1 – paragraph 1 – point 8, Article 9 – paragraph 3 b (new): 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.

Directive 2009/38/EC

Change 33

ChangedArticle 1 – paragraph 1 – point 8, Article 9 – paragraph 3 c (new): 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. In accordance with this Article, the Member States may lay down budgetary rules regarding the operation of the European Works Council.

Directive 2009/38/EC

Change 34

ChangedArticle 1 – paragraph 1 – point 8, Article 10 – paragraph 1: 1. Without prejudice to the competence of other bodies or organisations in this respect, the employees’ representatives, including the members of the special negotiating body andbody, the members of the European Works Council,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.

Directive 2009/38/EC

Change 35

ChangedArticle 1 – paragraph 1 – point 8, Article 10 – paragraph 2: 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, carried out and whenever it deems it necessary to perform its tasks deriving from this Directive, in particular before and after the its meetings with the central management.

▸7 unchanged paragraphs

Directive 2009/38/EC

Article 1 – paragraph 1 – point 8, Article 10 – paragraph 3 – subparagraph 1: 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.

Directive 2009/38/EC

Article 1 – paragraph 1 – point 8, Article 10 – paragraph 3 – subparagraph 2 a (new): 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.

Directive 2009/38/EC

Article 1 – paragraph 1 – point 8, Article 10 – paragraph 3 – subparagraph 2 b (new): Meetings shall, where practicable, be scheduled to facilitate the participation of members or alternates, who are members of the crews of seagoing vessels.

Directive 2009/38/EC

Change 36

ChangedArticle 1 – paragraph 1 – point 8, Article 10 – paragraph 3 – subparagraph 2 c (new): In cases whereWhere 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.

Directive 2009/38/EC

Change 37

ChangedArticle 1 – paragraph 1 – point 8, Article 10 – paragraph 4 – subparagraph 2:1: TheIn costsso offar suchas trainingthis is necessary for and relatedlinked expensesto shallthe beexercise borneof bytheir representative duties in an international environment, the centralmembers management,of providedthe thatspecial negotiating body and of the centralEuropean managementWorks hasCouncil beenshall informedbe inprovided advance.”;with training without loss of wages.

Directive 2009/38/EC

Change 38

RemovedArticle 1 – paragraph 1 – point 9 – point a, Article 11 – paragraph 2 – subparagraph 1 – introductory part: “Member States shall provide for measures in the event of failure to comply with the national provisions adopted pursuant to this Directive. In particular, they shall ensure that:”

AddedArticle 1 – paragraph 1 – point 8, Article 10 – paragraph 4 – subparagraph 2: Without prejudice to agreements concluded pursuant to Article 6(2), point (f), the costs of such training and related expenses shall be borne by the central management, or any other appropriate level of management, provided that the central management or any other appropriate level of management, has been informed in advance.