[ParlTrack]

Proposal for a directive
Recital 8 a (new)

(8a) The austerity measures designed to tackle the euro area crisis have been accompanied by a series of treaties and instruments, such as the Euro Plus Pact and the Stability and Growth Pact (SGP), which have contributed to wage moderation and wage cuts in many EU Member States.

2021/05/18
Committee: EMPL

Dominique BILDE

Proposal for a directive
Recital 8 b (new)

(8b) No social policy worthy of the name will be sustainable without reform of the Stability and Growth Pact (SGP), as the extension of its general escape clause does not offer European workers sufficient guarantees.

2021/05/18
Committee: EMPL

Dominique BILDE

Proposal for a directive
Recital 16 a (new)

(16a) As recalled by 11 countries in an informal statement of 21 April 2021 published before the Porto Summit, the European Union must respect the principles of subsidiarity and proportionality by leaving Member States to manage their own social policies and by respecting the policies adopted by national authorities in areas such as work and employment, remuneration, pensions, education and childcare.

2021/05/18
Committee: EMPL

Dominique BILDE

Proposal for a directive
Recital 17

(17) This Directive should apply to workers who have an employment contract or employment relationship as defined by the law, collective agreements or practice in force in each Member State, taking into consideration the criteria established by the Court of Justice of the European Union for determining the status of a worker. Provided that they fulfil those criteria, domestic workers, on- demand workers, intermittent workers, voucher-based workers, bogus self- employed, platform workers, trainees and apprentices could fall within the scope of this Directive. Genuinely self-employed persons do not fall within the scope of this Directive since they do not fulfil those criteria. The abuse of the status of self- employed persons, as defined in national law, either at national level or in cross- border situations, is a form of falsely declared work that is frequently associated with undeclared work. Bogus self-employment occurs when a person is declared to be self-employed while fulfilling the conditions characteristic of an employment relationship, in order to avoid certain legal or fiscal obligations. Such persons should fall within the scope of this Directive. The determination of the existence of an employment relationship should be guided by the facts relating to the actual performance of the work and not by the parties’ description of the relationship.deleted

2021/05/18
Committee: EMPL

Dominique BILDE

Proposal for a directive
Recital 19

(19) In a context of declining collective bargaining coverage, it ~~is essential that~~would be helpful, if they so choose, for the Member States to promote collective bargaining to enhance workers’ access to minimum wage protection provided by collective agreements. Member States with a high collective bargaining coverage tend to have a low share of low-wage workers and high minimum wages. Member States with a small share of low wage earners have a collective bargaining coverage rate above 70%. Similarly, the majority of the Member States with high levels of minimum wages relative to the median wage have a collective bargaining coverage above 70%. While all Member States should be encouraged to promote collective bargaining, those who do not reach this level of coverage should, in consultation and/or agreement with the social partners, provide for or, where it already exists, strengthen a framework of facilitative procedures and institutional arrangements enabling the conditions for collective bargaining. Such framework should be established by law or by tripartite agreement.

2021/05/18
Committee: EMPL

Dominique BILDE

Proposal for a directive
Recital 25

(25) Reliable monitoring and data collection are key to ensure the effective protection of minimum wages. The Commission should report every year to the European Parliament and to the Council its assessment of developments in the adequacy and coverage of minimum wages on the basis of annual data and information to be provided by Member States. In addition, progress should be monitored in the framework of the process of economic and employment policy coordination at Union level. In that context, the Employment Committee should examine every year the situation in the Member States on the basis of the reports produced by the Commission and other multilateral surveillance tools such as benchmarking.deleted

2021/05/18
Committee: EMPL

Dominique BILDE

Proposal for a directive
Recital 28

(28) The reforms and measures adopted by the Member States to promote adequate minimum wage protection of workers, while being steps in the right direction, have not been comprehensive and systematic. Moreover, individual countries may be little inclined to improve the adequacy and coverage of minimum wages because of the perception that this could negatively affect their external cost competitiveness. Since the objectives of this Directive cannot be sufficiently achieved by the Member States, but can rather, by reason of their scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on the European Union. ~~In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.~~

2021/05/18
Committee: EMPL

Dominique BILDE

Proposal for a directive
Recital 28 a (new)

(28a) There is a question mark as to how minimum wages can be set at Union level while respecting Article 153(5) TFEU on the exclusive competence of the Member States over pay.

2021/05/18
Committee: EMPL

Dominique BILDE

Proposal for a directive
Recital 29

(29) This Directive lays down minimum requirements, thus leaving untouched Member States’ prerogative to introduce and maintain more favourable provisions. Rights acquired under the existing national legal framework should continue to apply, unless more favourable provisions are introduced by this Directive. The implementation of this Directive cannot be used to reduce existing rights for workers, nor can it constitute valid grounds for reducing the general level of protection afforded to workers in the field covered by this Directive. No treaty demands for wage moderation or wage cuts can therefore be applied to European workers.

2021/05/18
Committee: EMPL

Dominique BILDE

Proposal for a directive
Article 4 – paragraph 2

2. Member States where collective bargaining coverage is less than 70% of the workers defined within the meaning of Article 2 shall also provide for a framework of enabling conditions for collective bargaining, either by law after consultation of the social partners or by agreement with them, and shall establish an action plan to promote collective bargaining. The action plan shall be made public and shall be notified to the European Commission.deleted

2021/05/18
Committee: EMPL

Dominique BILDE

Proposal for a directive
Article 10 – paragraph 2 – subparagraph 3

The Commission may request Member States to provide further information on a case by case basis where it considers such information necessary for monitoring the effective implementation of this Directive.deleted

2021/05/18
Committee: EMPL

Dominique BILDE

Proposal for a directive
Article 10 – paragraph 5

5. On the basis of the report issued by the Commission, the Employment Committee set up in accordance with Article 150 TFEU shall carry out every year an examination of the promotion of collective bargaining on wage setting and of the adequacy of minimum wages in the Member States.deleted

2021/05/18
Committee: EMPL

Dominique BILDE

Proposal for a directive
Article 12

~~Member States shall lay down the rules on penalties applicable to infringements of national provisions. The penalties provided for shall be effective, proportionate and dissuasive.~~Article 12 deleted Penalties

2021/05/18
Committee: EMPL

Activities of Dominique BILDE related to 2020/0310(COD)

Shadow reports (1)

Amendments (13)

ParlTrack - 2011-2024