92002E0603

WRITTEN QUESTION E-0603/02

by Manuel Pérez Álvarez (PPE-DE) to the Commission

(6 March 2002)

Subject: Closure of Lear group factory (Lleida province, Spain)

The factory of the multinational group Lear in Cervera (Lleida/Lérida province, Spain) appears certain to close in the near future.

This factory has been paying the lowest possible wages for the metal sector. 80 % of its workers are women. Given above-average profit levels in excess of EUR 300 million over the last seven years, the decision to cease operations may be considered a clear case of a measure that is not and cannot be justified in social terms.

What measures are envisaged to ensure that decisions of this nature are not made in the face of the rights of workers and, more generally, of the less-favoured strata and of regions and communities for whom establishments such as this are the main source of employment?

What measures have been decided in this specific case?

Answer given by Ms Diamantopoulou on behalf of the Commission

(23 April 2002)

Several Community Directives lay down procedures for informing and consulting workers' representatives that may be applicable to closures of enterprises: Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies(1) and 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(2). Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community Joint declaration of the European Parliament, the Council and the Commission on employee representation(3) will supplement the Community provisions in this area.

However, the material requirements that enterprises need to meet when they decide to close down production units are not covered by any Community instrument. Nevertheless, on 15 January 2002 the Commission decided to launch a Community-level consultation of the social partners on anticipating and managing change: a dynamic approach to the social aspects of corporate restructuring. In so doing, the Commission is inviting the social partners to engage in a dialogue on this important topic, including the question of strengthening the adaptability and employability of workers, especially as far as vocational retraining is concerned.

(1) OJ L 225, 12.8.1998.

(2) OJ L 254, 30.9.1994.

(3) OJ L 80, 23.3.2002.