Establishment and Termination of Employment Relationship Standardization Act
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Debate on this shall CONTINUE until 22:20 GMT on December 26th, 2021. I have decided to give a 4-day-long debating period as I believe none of us will be here for Christmas.
Donald Tusk
Deputy Speaker and Councillor for Spain -
First of all I would like to welcome the Premier Commissioner, Sofie Čikarová, to the European Council and thank her for making this proposal, even if I disagree with it, but really helps when it comes to get the European Council moving and working, something I have been trying to do while substituting Speaker Michel on his duties.
However, Ms. Čikarová, thanking you for this proposal does not mean that I am supportive of it, in fact I am not. I believe that this is some sort of interference in the labour policies all around the European Union, and correct me if I am wrong, but I do believe this is an attempt from the European Commission to impose their beliefs on how labour should be managed by member states. We should be even more concerned when an Eurosceptic Councillor, in our case Mr. Mizrachi-Roscoe, supports a bill that will only arise Euroscepticism around the Union, as more and more people will join those movements that, in one moment or another, will end up winning enough power so they cannot be stopped.
Once again, I applaud the efforts the Commission is making to protect workers rights, but this Act just adds more and more burocracy to states that, like the Kingdom of Spain, are really concerned. Thinking on an European perspective, of course this act would benefit people in countries where workers' rights are not respected or do not even exist, but shouldn't we push towards achieving fair laws all around Europe when it comes to workers' rights, country by country, instead of damaging those countries who have made enough efforts?
Donald Tusk
Acting Speaker and Councillor for Spain -
Mr. Deputy Speaker the objective of this proposal is, as was already stated, the protection of one of the basic human rights, the right to work. And I believe that basic human rights such as right to life or the right to work, which has so far been over looked, should be protected by the Union.
I fully understand that we should push towards achieving fair laws around the Union, which is what this proposal aims to do. I don't see any way in which passing fair basic rules could damage any member states.
I would also appreciate it, if we could focus more on actual issues instead of focusing on which Councillor supports what, when considering proposed legislation.
Sofie Čikarová
Premier Commissioner -
I absolutely understand the desire for national laws to be respected but protection from unfair dismissal is an essential right. I do have some reservations from some sections as an employer myself but these can be worked around. I do believe it is the right place to protect labour rights at a European level and it is one of the limited areas the EU should be involved in since any other levle of legislation could lead to a race to the bottom as countries try and make it easier for big selfish corporations to fire at will and degrade conditions. Only by preventing the playing off nations against each other by having common standards can this be prevented. If countries are already good enough much like the Neurodivergent act then there should be no issue with this passing.
James Mizrachi-Roscoe , Councillour for United Duchies
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I would like to request a debate extension.
If I may, I would like to address some of the points raised by some Councillors. The EU enshrines gay marriage, clean water, and net neutrality as rights, among many other things. These are just as imposing, if not more so, than the legislation presented to us.
There was an argument made regarding bureaucracy, but not a single institution is established by this act, and regardless it should not be as difficult to enforce as such equally important things as gay marriage, clean water, and net neutrality.
Iras Tilkanas
Councillor for the Republic of Istkalen -
Debate is now over. It is time to vote on amendments. There is ONE amendment, which has been proposed by Cllr. Mizrachi-Roscoe. The amendment is thus:
Amendment I - Cllr. Mizrachi-Roscoe
SECTION III. - TERMINATION OF EMPLOYMENT RELATIONSHIP
IX. An employer may immediately terminate an Employment Contract, by giving their employee a notice of termination in a written form only for any of the following reasons:
(i.) the employee is proven to be unqualified for employment during their trial period;
(ii.) the employee has breached some rule that was agreed upon by the Employment Contract, or has neglected their work performance in an especially gross manner;
(iii.) the employee has been sentenced, under an official verdict, with a criminal offence to a term of unconditional imprisonment.
(iv.) the employee is accused of racism, sexism, harassment, bullying , homophobia , religious hatred or any crimes of sexual nature, the employer may suspend the employee without pay until such a time a not guilty verdict as long as it is not a not guilty verdict on a technicality is established or innocence is established after investigation.If found not guilty compensation or restoration of the job shall be required.
Voting on amendments will commence NOW and will last until 14:23 GMT on January 3rd, 2022.
I vote FOR the amendment.
Donald Tusk
Acting Speaker and Councillor for Spain -
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Voting on amendments has concluded. With 2 votes FOR and 6 votes AGAINST, Amendment I has been REJECTED.
Final voting begins NOW and will last until 19:11 GMT on January 6th, 2022.
On behalf of the Kingdom of Spain, I vote FOR this act.
Donald Tusk
Acting Speaker and Councillor for Spain
The Kingdom of Spain
His Majesty the King, Felipe VI
President Alberto Núñez-Feijóo
Councillor and Council Speaker Donald Tusk -
On behalf of the Most Blessed State of Inquista, I vote FOR this Act.
Bp. Karinn Lallana
Councillor for Inquista -
On behalf of United Duchies I vote FOR this act,
James Mizrachi-Roscoe, Councillour for United Duchies -
The Empire of Inimicus votes AGAİNST this Act.
Nicholas Benfield
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On behalf of the Democratic Republic of Czech Slavia, I vote FOR this Act.
Václav Kohout
Councillor for Czech Slavia -
On behalf of the Republic of Nofoaga, I vote FOR this Act.
Mrs. Paul-Gabrielle Muzhare
EU Councillor for the Republic of Nofoaga -
In the name of Gadalland and Aspern and the Nationalist Party, I vote AGAINST this act.
Mr. Berrá Nacar
European Councillor
Gadalland and Aspern -
On behalf of the Republic of Istkalen, I vote FOR this act.
Iras Tilkanas
Councillor for the Republic of Istkalen -
On behalf of the Union of Duxburian Dominions, I vote FOR this act.
Wesley Greene
Councillor of the Duxburian Union -
Voting has now concluded. With 7 votes FOR and 2 votes AGAINST, this bill has PASSED.
Donald Tusk
Acting Speaker and Councillor for Spain
