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having regard to the Treaty on the Functioning of the European Union and in particular to Article 153(1)(e) thereof, considers that the legal act to be adopted should contain the elements below:

1.

When dealing with the anticipation, preparation and management of restructuring, companies, workers' representatives, the public authorities and the other stakeholders, each in their respective capacity and competence, and at a moment which corresponds to their different responsibilities, act in a spirit of cooperation, based on timely and comprehensive information and consultation, whilst recognising that those processes aim to protect at the same time the interests of companies as regards competitiveness and sustainability and those of their workers.

2.

For restructuring to be economically successful and socially responsible, it requires to be integrated into a long-term strategy aimed at ensuring and strengthening the long-term sustainability and competitiveness of the company. It also requires putting human resources at the heart of companies' strategic development.

3.

Employers respect anti-discrimination legislation, particularly in the field of age discrimination, when selecting the workers targeted for redundancy.

4.

Anticipation, preparation and management of change takes place in the context of strengthening social dialogue and with a view to promoting change in a manner compatible with the preservation of the priority objectives of competitiveness and employment, as well as with the health of workers.

5.

There is a need to envisage, promote and enhance measures concerning the company's situation and the likely development of employment and working conditions, in particular where these may be under threat.

6.

Restructuring is facilitated and its impact softened when companies continually develop the skills and competences of their workers, increasing their employability and their internal and external mobility.

7.

Adaptable companies and resilient workforces develop, in cooperation with workers' representatives, regional and local authorities and other relevant organisations, mechanisms for anticipation and for forward planning of employment and skills needs. They recognise the right for every worker to benefit from appropriate training. Workers recognise that education and lifelong learning are necessary to strengthen their employability.

8.

Restructuring processes impact beyond the perimeter of a single company, as companies increasingly work in networks, which intensifies the need to set up multipartite forums for debate on social issues.

9.

Good restructuring practices require preparation as early as possible, starting as soon as the need to restructure is first contemplated, making it possible to avoid or to reduce to a minimum its economic, social, environmental and territorial impact.

10.

It is a widely recognised that any restructuring operation, in particular one of major size and which generates a significant impact, should be accompanied by an explanation and justification to the stakeholders, covering the choice of the measures envisaged in relation to the objectives and to alternative options and respecting the full and appropriate involvement of workers' representatives at all levels, prepared in good time to enable stakeholders to prepare for consultations, before the company takes a decision.

11.

Serious action aimed at limiting the impact of restructuring requires companies to envisage redundancies as a last resort and only after having considered all possible alternative options and/or having implemented possible supporting measures.

12.

The active cooperation and assistance of public authorities at the relevant level in the preparation and management during the implementation of restructuring operations contributes greatly to economic conversion and the retaining of workers. Local economic actors, in particular SMEs being in a situation of dependence towards the restructuring company due to their quality of suppliers or of subcontractors should also be involved.

13.

Existing financial support systems channelled through the European Regional Development Fund (ERDF) or the European Social Fund (ESF) within the framework of the new financial perspectives 2014-2020 should not replace incentives at national level based on anticipation, preparation and responsible management. The European Globalisation Adjustment Fund (EGF) should continue, with strengthened capacity, in order to act in a reactive, temporary and palliative way.

14.

It is important that companies, in conjunction with workers' representatives, create tools for regular evaluation and reporting on their activities concerning the anticipation of restructuring, in respect of national laws or practices.

15.

The new focus of economic governance is the consolidation of state budgets, so that restrictions on public spending are jeopardising measures to cushion the adverse impact of restructuring operations.

16.

Any Union provision should cover companies or group of companies, both privately and publicly owned, in accordance with the Union and national law and/or collective agreements. In any case to major restructuring operations of companies and groups of companies, implying either an important number of workers or an important percentage of the staff of those companies, in a limited amount of time.

17.

Any Union framework on anticipation, preparation and management of change and restructuring should encourage and give precedent to agreement between the company and its workers' representatives at local level. Only in the absence of such agreement should standard rule apply.

1.

The purpose is to promote and facilitate information and consultation in economic change and improve the way in which companies, workers' representatives, public authorities and other relevant stakeholders, each with different responsibility at different stages in the process of restructuring, throughout the Union anticipate, prepare and manage in a socially and environmentally responsible way corporate restructuring.

2.

To that end, companies and workers' representatives, when dealing with restructuring, in a spirit of cooperation, recognise that these processes aim to protect both the interests of companies as regards their competitiveness and sustainability and those of their workers, as regards social, employment, health and working conditions.

1.

For the purposes of this act:

2.

Any Union act should cover companies or group of companies, both privately and publicly owned, in accordance with Union and national law and/or collective agreements. In any case to major restructuring operations of companies and groups of companies, implying either an important number of workers or an important percentage of the staff of those companies, in a limited amount of time.

1.

Any restructuring operation is integrated into a long-term strategy that aims to ensure and strengthen the long-term sustainability and competitiveness of the company, in order to promote a culture of innovation, while recognising that in many cases companies are forced to restructure because of unforeseen changes in market conditions or because of developments in technology.

2.

Long-term strategy includes economic development, as well as human resources, employment and skills objectives focused on developing, on a permanent basis, the skills and competences of the workforce in order to increase the competitiveness and sustainability of the company and its capacity of adaptation, as well as to increase the employability of workers, to ease the transition of workers and to enhance their internal and external mobility.

3.

To that end, Member States stimulate companies to ensure access for every worker to training in order to anticipate changed job requirements within the company. Workers recognise that education and lifelong learning are necessary to enhance their employability and accept relevant training offers.

4.

The training courses on offer represent a genuine long-term investment, whatever the age of the worker. They cover in particular the needs of advanced industrial sectors, new information and communication technology, the transition to a green economy, and health care, and more widely the sectors that will be most effective in achieving the objectives of the EU 2020 strategy.

1.

Companies design, in consultation with workers' representatives with due regard for their reciprocal rights and obligations, and as appropriate with public authorities and other relevant stake-holders, human resource development strategies tailored to their own individual circumstances, as well as mechanisms that anticipate and plan for future employment and skills needs.

2.

To that end, companies establish, in co-operation with workers' representatives and other relevant stakeholders:

3.

Every worker is offered a given number of hours of training per year to be determined by law or collective agreement. However, the training needs should be mainly identified through skill-assessment, to check that their employability is maintained.

4.

The training needs of individual workers should be reviewed on a regular basis and appropriate training solutions identified, where necessary.

5.

The provisions of paragraphs 1 to 3 do not refer to companies and workers covered by an agreement, concluded at the relevant level and with the relevant parties, on the procedures for anticipating skills or assessment of employment and skills needs.

6.

Whenever possible and appropriate, companies:

7.

The practical implementing arrangements shall be laid down in an agreement concluded between the parties concerned.

8.

Dependent companies are informed of the changes and plans provided for in paragraph 2. Their workers can be covered by those mechanisms and plans upon the request of the dependent company, justified on the grounds that those mechanisms and plans are required or useful for their own adaptation and development. This does not preclude dependent companies from developing their own mechanisms.

1.

Except in circumstances where restructuring is triggered by unforeseen or sudden events, any restructuring operation, in particular when it is likely to have a significant negative impact, is preceded by an appropriate preparation with the relevant stakeholders, according to their respective competences, concerned with a view to preventing or alleviating its economic, social and local impact.

2.

Restructuring is in general triggered by exceptional circumstances resulting from changes in markets or developments in technology. It is in the interest of all concerned that when such exceptional circumstances occur management and employees engage in timely discussions in line with the information and consultation requirements of existing Union legislation.

3.

Any proposed restructuring operation should be fully explained to employees' representatives who should be given such information about the proposed restructuring as to enable them to undertake an in-depth assessment and to prepare for consultations, where appropriate.

4.

This preparation is carried out as early as possible and starts as soon as the need to restructure is contemplated, respecting the methods and procedures negotiated at the level of the sector, of the region of the company concerned, should the case arise. Except in the exceptional circumstances referred to in paragraph 1 above, it is carried out within a timeframe that allows for meaningful consultation of all concerned stakeholders and the adoption of measures making it possible to avoid or to mitigate to the minimum its negative impact from the economic, social and local point of view.

5.

The local economic actors, in particular companies and their workers in a situation of dependence in relation to the restructuring company should also be informed from the beginning about the proposed restructuring.

6.

It is crucial that there should be transparency and timely information for employees concerning a company’s situation so that they can be involved in restructuring and in the processes of anticipating change. Employees must be involved in discussions at an early stage so that they can take part in the processes of company restructuring, or of planning the possible buy-out of the company in the event of closure.

7.

In the context of any restructuring the impact on dismissals should be dealt with as a priority, with a clear and transparent commitment by the company with regard to employment.

1.

Any restructuring operation, in particular those likely to have a negative impact on employment, is accompanied by an early explanation and justification to the relevant stakeholders before any practical measures are taken, irrespective of whether the restructuring operation is to be carried out on the basis of either long-term strategic goals and requirements or short-term constraints and whether the decision regarding restructuring is being taken by the company or by a group controlling the company.

2.

The measures provided for in paragraph 1 include the reason for the choice of the measures envisaged in order to achieve the objectives, after having evaluated other possible options, in the light of all the interests concerned.

3.

Companies from the beginning inform the public authorities and workers' representatives at the relevant level, in particular at local level in due time, and involve them as much as possible in the implementation of the restructuring process.

4.

The local economic actors, in particular companies and their workers in a situation of dependence in relation to the restructuring company are also informed as soon as possible about the restructuring process.

5.

This provision shall not apply if comparable rules on the information and consultation of employees’ representatives are in force at national level.

1.

When the need to restructure occurs, companies consider redundancies only as last resort and only after having considered all possible alternative options and identifying and, where available, implementing supporting measures.

2.

In particular, companies consider all relevant options as alternatives and engage into a dialogue with internal and external stakeholders to try and associate them to the solution for redundancies, for example:

3.

When redundancies cannot be avoided or as part of the package to be implemented in the context of alternative options, companies, with the assistance of local authorities and public/private employment services, participate in making available to the workers concerned such assistance as is appropriate in the circumstances aimed at reinforcing their employability and helping them to re-enter the labour market in a quick and sustainable way.

4.

Notwithstanding their obligations resulting from EU and national law and practices, companies envisage the following employability measures insofar as they prove to be necessary or useful for limiting the impact of the operation:

1.

Companies and their workers' representatives should negotiate collective agreements to cover the issues arising from the proposed restructuring, where appropriate.

2.

The provisions of Recommendations 6 and 7are not meant for companies and workers covered by an agreement concluded at the relevant level and with the relevant parties on the procedures and mechanism for preparing, managing in a socially responsible way and minimising internal social costs of restructuring operations.

1.

When a restructuring operation has major local effects, companies seek to develop complementarities and synergies between their preparatory action and the actions of the all the other actors, with a view to maximising the re-employment opportunities of workers, in order to encouraging economic, social and environmental re-conversion and to developing new sustainable economic activities generating quality jobs by concluding agreements between companies of the same activity or geographical sector for the re-employment of workers made redundant.

2.

For the purpose of paragraph 1, companies inform the regional or local authorities and other relevant actors of the measures being prepared in accordance with recommendation 8. They participate and/or contribute to any task-force or network established at regional or sectoral level to minimise the impact of the operation.

3.

Insofar as this proves to be necessary and in accordance with national or regional requirements, companies design and implement strategies aimed at rehabilitating and/or reallocating industrial sites likely to be abandoned, as an environment measure, as a means to attract new activities and a way to absorb a proportion of the jobs to be lost.

4.

The measures referred to in Recommendation 8 shall cover, as far as possible, the workers of companies that are dependent. Dependent companies and their workers are informed of those measures if such information is required or useful for their own adaptation and for the management of the restructuring process within those companies.

1.

Member States will also ensure that the public authorities and all bodies depending on their own authority provide the assistance or advice which is required from them in order to ease and facilitate a smooth process of restructuring, in order to minimize the impact.

2.

Public authorities and employment services at different levels intervene in an anticipation and management capacity by:

3.

Public authorities and employment services assist or advise, in close co-operation with social partner organisations at the relevant level, the mechanisms for long-term planning and multi-annual plans of employment and skills needs developed within companies, notably in organizing skill assessment for all workers concerned.

4.

In regions affected by structural change, public authorities should consider as appropriate, in close co-operation with social partner organisations at the relevant level:

1.

Without prejudice to the obligations of companies resulting from Union law, national laws or practices, public authorities provide, where possible, financial support and other assistance resources to employability measures favouring workers of companies undergoing restructuring, insofar as this type of support is necessary or appropriate for allowing them to quickly re-enter the labour market.

2.

In accordance with the rules governing them, Union Funds, and in particular ERDF and ESF, may be used in supporting integrated action to anticipate and to prepare for restructuring, as well as to help employers to adapt to change for the purposes of paragraphs 1 and 2.

3.

Without replacing any obligations of Member States or employers resulting from Union law, national laws or practices, in accordance with the rules governing it, the EGF may be useful to provide financial support for the rapid reintegration of redundant workers into employment.

1.

Companies create tools for the regular evaluation and reporting on their restructuring practices, in co-operation with workers' representatives and, when appropriate with the external organisations involved in that process.

2.

Member States cooperate with the European Foundation for the Improvement of Living and Working Conditions by providing statistical information on restructuring operations.

3.

This framework does not in any way prejudice rights and obligations resulting from EU law in the fields of worker involvement. Member States may introduce or maintain provisions which are more favourable to the protection of the principle of equal treatment.

4.

This framework does not in any way prejudice any employment protection obligations related to compensatory payment in the event of employment termination. Its implementation under no circumstances constitutes grounds for a reduction in the level of protection against discrimination already afforded by Member States.

5.

Each Member State provides, in specific cases and subject to the conditions and limitations laid down by national legislation, that companies are not obliged to transmit information when its nature is such that, according to objective criteria, it would seriously harm their functioning or would be prejudicial to them. A Member State may provide that such dispensation is to be subject to prior administrative or judicial authorisation.

6.

Member States provide that workers' representatives and any other person who accede to information which has been provided to them expressly as a result of these acts are not authorised to reveal it if it has been delivered on a confidential basis according to national law and practice.

7.

Member States should exclude the companies that do not comply with Union legislation from the benefit of public aids from the national budgets.

8.

Notwithstanding paragraph 7, nothing precludes the use of funds from the general budget of the European Union and from national budgets for the direct benefit of the workers of the companies referred to in that paragraph.