67 Amendments of Ernest URTASUN related to 2021/0050(COD)
Amendment 158 #
Proposal for a directive
Recital -1 (new)
Recital -1 (new)
(-1) Article 11 of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) provide the right to equal remuneration, including benefits, and to equal treatment in respect of work of equal value, as well as equality of treatment in the evaluation of the quality of work.
Amendment 172 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
Amendment 175 #
Proposal for a directive
Recital 5
Recital 5
(5) The European Pillar of Social 41 41 Rights , jointly proclaimed by the European Parliament, the Council, and the Commission, incorporates among its principles equality of treatment and opportunities between women and men, and the right to equal pay for work of equal value. Principle No 2 states that ‘equality of treatment and opportunities between women and men must be ensured and fostered in all areas, including regarding participation in the labour market, terms and conditions of employment and career progression’ and that ‘women and men have the right to equal pay for work of equal value’. _________________ 41 https://ec.europa.eu/commission/priorities/ deeper-and-fairer-economic-and-monetary- union/european-pillar-social- rights/european-pillar-social-rights-20- principles_en
Amendment 197 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) The COVID-19 pandemic and its economic and social consequences have had a disproportionate impact on women and gender equality, job losses have been concentrated in female-dominated sectors1aand the effects of the pandemic will further widen gender inequalities and the gender pay gap unless the recovery response is gender sensitive. The effects of the COVID-19 pandemic have therefore made it even more pressing to tackle the issue of equal pay for equal work or work of equal value. _________________ 1a https://eige.europa.eu/publications/povert y-gender-and-intersecting-inequalities-in- the-eu European Commission 2021 report on gender equality in the EU. https://ec.europa.eu/info/sites/default/files /aid_development_cooperation_fundamen tal_rights/annual_report_ge_2021_en.pdf
Amendment 201 #
Proposal for a directive
Recital 8 b (new)
Recital 8 b (new)
(8b) The COVID-19 pandemic has highlighted the value, visibility and recognition of women’s work in front-line public and basic services, such as cleaning, childcare, social care, residential care for older people and other dependant adults and front-line community and health care services. It has also highlighted the continued undervaluing of work predominantly carried out by women, such as care, and the importance of good quality work and fair pay.
Amendment 202 #
Proposal for a directive
Recital 8 c (new)
Recital 8 c (new)
(8c) The gender pay gap is caused by numerous structural factors, some of which can be attributed to direct and indirect gender pay discrimination. Those factors include gender-segregated labour markets and sectors, the historical undervaluation of women’s work, traditional gender stereotypes, such as the expectation that women act as the primary carers of children and adult dependants, a paucity of provision for work-life balance and support services, and unconscious gender bias in the workplace. Unconscious gender bias comprises unintentional and automatic mental associations, based on gender, stemming from tradition, norms, values, culture, stereotypes or experience. Those factors result in career breaks, work interruptions, part-time work, precarious pay and conditions, the persistence of “glass ceilings” and “sticky floors”, and gender bias in wage structures and wage- fixing institutions, culminating in a gender pension gap that is more than double the gender pay gap.
Amendment 206 #
Proposal for a directive
Recital 9
Recital 9
(9) The gender pay gap is caused by various factors, part of which can be attributed to direct and indirect gender pay discrimination. A general lack of transparency about pay levels within organisations maintains a situation where gender-based pay discrimination and bias can go undetected or, where suspected, are difficult to prove. Binding measures are therefore needed to improve pay transparency, encourage organisations to review their pay structures to ensure equal pay for women and men doing the sameequal work or work of equal value, and enable victims of discrimination to enforce their right to equal pay. This needs to be complemented by provisions clarifying existing legal concepts (such as the concept of ‘pay’ and ‘work of equal value’) and measures improving enforcement mechanisms and access to justice. Pay transparency measures showing gender pay disparities can ensure substantial progress in addressing the gender pay gap and expose the undervaluation of women’s work and gendered labour market segmentation. Pay transparency alone cannot address structural and existing gender inequalities but is a first step towards tackling those inequalities and should be complemented by additional measures aiming to close the gender pay and the pension and care gaps and to combat the feminisation of poverty.
Amendment 217 #
Proposal for a directive
Recital 10
Recital 10
(10) The application of the principle of equal pay between men and women should be enhanced by eliminating direct and indirect pay discrimination. This does not preclude employers to pay differently workers doing the same work or work of equal value on the basis of objective, gender-neutral and bias-free criteria such as performance and competence.
Amendment 238 #
Proposal for a directive
Recital 14
Recital 14
(14) Article 10 of the Treaty on the Functioning of the European Union provides that, in defining and implementing its policies and activities, the Union shall aim to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. Article 4 of Directive 2006/54/EC provides that there shall be no direct or indirect discrimination on grounds of sex, notably in relation to pay. Gender- based pay discrimination where a victim’s sexgender plays a crucial role can take many different forms in practice. It may involve an intersection of various axes of discrimination or inequality where the worker is a member of one or several groups protected against discrimination on the basis of sexgender, on the one hand, and racial or ethnic origin, religion or belief, disability, age or sexual orientation (as protected under Article 21(1) of the Charter, Directive 2000/43/EC or Directive 2000/78/EC), on the other hand. Migrant women, women with disabilities and women of a diverse racial, ethnic or social origin are among groups who face such multiple forms of discrimination. This directive should therefore clarify that, in the context of gender-based pay discrimination, such a combination should be taken into account, thus removing any doubt that may exist in this regard under the existing legal framework. This should ensure that the courts , the equality body designated pursuant to Article 20 of Directive 2006/54/EC or other competent authorities take due account of any situation of disadvantage arising from intersectional discrimination, in particular for substantive and procedural purposes, including to recognise the existence of discrimination, to decide on the appropriate comparator, to assess the proportionality, and to determine, where relevant, the level of compensation awarded or penalties imposed. This directive should also ensure that the specific obstacles and needs of women with disabilities are taken into account, including in relation to its scope, accessibility of information, right to compensation and data disaggregation in compliance with the UN Convention on the Rights of Persons with Disabilities. An intersectional approach is crucial to understanding, tackling and resolving the multiple forms of discrimination that compound the gender pay gap for women in all their diversity.
Amendment 246 #
Proposal for a directive
Recital 15
Recital 15
(15) In order to respect the right to equal pay between men and women, employers must have pay setting mechanisms or pay structures in place ensuring that there are no gender pay differences between male and female workers doperforming the same work or work of equal value that are not justified by objective and gender- neutral factors. Such pay structures should allow for the comparison of the value of different jobs within the same organisational structure. In accordance with the European Parliament’s resolution of 21 January 2021 on the EU Strategy for Gender Equality, work should be deemed to be of equal value if, based on a comparison of two groups of workers which have not been formed in an arbitrary manner, the work performed is comparable, taking into account objective, gender- neutral criteria. In line with the case law of the Court, the value of work should be assessed and compared based on objective criteria, such as including educational, professional and training requirements, skills, effort and, responsibility, and work undertaken and the nature of the tasks involveding conditions.49 _________________ 49 For example, Case C-400/93, Royal Copenhagen, ECLI:EU:C:1995:155; Case C-309/97, Angestelltenbetriebsrat der Wiener Gebietskrankenkasse, ECLI:EU:C:1999:241; Case C-381/99, Brunnhofer, ECLI:EU:C:2001:358; Case C-427/11, Margaret Kenny and Others v Minister for Justice, Equality and Law Reform and Others [2013] ECLI:EU:C:2013:122, paragraph 28.
Amendment 257 #
Proposal for a directive
Recital 16
Recital 16
(16) The identification of a valid comparator is an important parameter in determining whether work may be considered of equal value. It enables the worker to show that they were treated less favourably than the comparator of a different sexgender performing equal work or work of equal value. In situations where no real-life comparator exists, the use of a hypothetical comparator should be allowpermitted, allowing a worker to show that they have not been treated in the same way as a hypothetical comparator of another sexgender would have been treated. This would lifts an important obstacle for potential victims of gender pay discrimination, especially in highly gender-segregated employment markets where a requirement of finding a comparator of the opposite sexa different gender makes it almost impossible to bring an equal pay claim. This is for instance the case in the female-dominated care sector, in which for women it is very difficult to claim gender discrimination if the comparison is required to come from the same sector. A hypothetical comparator would facilitate the objective and gender-neutral evaluation of certain jobs and encourage employers and the social partners to identify undervalued sectors and jobs. In addition, workers should not be prevented from using other facts from which an alleged discrimination can be presumed, such as statistics or other available information. This would allow gender- based pay inequalities to be more effectively addressed in gender-segregated sectors and professions. In this regard, the following methods to compare with a hypothetical comparator or group of comparators could be established: if a worker or group of workers within an employer’s establishment cannot be compared to a comparator or group of comparators of another gender using the job-to-job method of comparison, the proportional value method of comparison may be used. If a comparison using the job-to-job or proportional method is not possible due to the lack of comparator, comparison may be done with a comparator or group of comparators of another gender in an enterprise with similar characteristics.
Amendment 283 #
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) To be free from gender bias, job evaluation and classification systems must not have the effect of putting women at a disadvantage, or overlook or undervalue characteristics and skills associated with typically ‘female’ dominated jobs, such as those required in caring professions, in comparison with characteristics and skills associated with typically ‘male’ dominated jobs, such as physical effort. Where work is not of equal value, a difference in pay which is disproportionate to the difference in value of the work suggests that the job evaluation or classification system is not free from gender bias.
Amendment 286 #
Proposal for a directive
Recital 19 b (new)
Recital 19 b (new)
(19b) Member States should ensure the development of actions to provide technical assistance in the form of guidelines, practical tools, training and financial support for the implementation of the measures provided for in this Directive, including for the design and implementation of objective, gender- neutral job evaluation systems and ensure the involvement of the social partners in such actions.
Amendment 303 #
Proposal for a directive
Recital 21
Recital 21
(21) In order to disrupt the perpetuation of a pay gap between female and male workworkers of different genders affecting individual workers over time, employers should ensure that vacancy notices and job recruitment processes are gender neutral, and should not be allowed to enquire about the prior pay history of the applicant for a job.
Amendment 305 #
Proposal for a directive
Recital 22
Recital 22
(22) Pay transparency measures should protect workers’ right to equal pay while limiting as much as possible costs and burden for employers, paying specific attention to micro and small enterprises. Women are overrepresented in micro, small and medium-sized enterprises. The implementation of this Directive in such enterprises is necessary to tackle the gender pay gap. Such enterprises would therefore benefit from ensuring equal pay for equal work or work of equal value between workers. Where appropriate, measures should be tailored to the size of employers taking into account employers’ headcount.
Amendment 318 #
Proposal for a directive
Recital 24
Recital 24
(24) All workers should have the right to obtain information, upon their request, on their pay and on the pay levelindividual pay level, and average pay levels, broken down by sexgender, for the category of workers doperforming the same work or work of equal value, as well as the gender pay gap and the median gender pay gap. Upon the request of a worker, employers should provide information on how pay levels are determined. Workers’ representatives should have the right to obtain information on behalf of workers. Employers must inform workers of this right on an annual basis. Employers may also, on their own initiative, opt for providing such information without workers needing to request it.
Amendment 324 #
Proposal for a directive
Recital 24 a (new)
Recital 24 a (new)
(24a) Member States should put in place measures to prohibit contractual terms which aim to restrict workers from disclosing information about their pay or to seek information from the same or other categories of workers’ pay for the purpose of this Directive.
Amendment 326 #
Proposal for a directive
Recital 25
Recital 25
(25) Employers with at least 250 workAll employers should regularly report on pay, in a suitable and transparent manner, such as including the information in their management report. Companies subject to the requirements of Directive 2013/34/EU of the European Parliament and of the Council52 may also choose to report on pay alongside other worker-related matters in their management reportalongside other worker-related matters in their management report, where an employer is required to draw up such a report pursuant to Directive 2013/34/EU of the European Parliament and of the Council52. _________________ 52 Directive 2013/34/EU, as amended by Directive 2014/95/EU of the European Parliament and of the Council of 22 October 2014 as regards disclosure of non- financial and diversity information by certain large undertakings and groups (OJ L 330, 15.11.2014, p. 1).
Amendment 353 #
Proposal for a directive
Recital 29
Recital 29
(29) Joint pay assessments should trigger the review and revision of pay structures in all organisations with at least 250 workers that show pay inequalities. The joint pay assessment should be carried out by employers in cooperation with workers’ representatives; if workers’ representatives are absent, they should beshould be designated or democratically elected by the workers of the undertaking or organisation, trade unions or their members, in accordance with provisions of national laws or regulations or of collective agreements designated for this purpose. Joint pay assessments should lead to the elimination of gender discrimination in pay.
Amendment 368 #
Proposal for a directive
Recital 29 a (new)
Recital 29 a (new)
(29a) Where unjustified pay differences have been found on the basis of objective, gender-neutral criteria, employers and workers’ representatives should prepare a Gender Action Plan which provides for concrete measures and aims to close the gender pay gap within the employer. The Gender Action Plan should incorporate monitoring tools to assess its progress and be reviewed regularly. A gender pay gap on less than 5% that cannot be explained by objective factors cannot be used as proof that the employers complies with the equal pay obligation.
Amendment 381 #
Proposal for a directive
Recital 32
Recital 32
(32) WAll workers should have the necessary procedures at their disposal to facilitate the exercise of their right to access justice. National legislation making use of conciliation or the intervention of an equality body compulsory or subject to incentives or penalties should not prevent parties from exercising their right of access to court. Member States should ensure that women with disabilities, including those under substituted decision-making mechanisms, have access to justice and remedy on an equal basis with others.
Amendment 397 #
(36) Compensation should cover in full the loss and damage sustained as a result of gender pay discrimination54 . It should include full recovery of back pay and related bonuses or payments in kind, compensation for lost opportunities and moral prejudice. No prior fixed upper limit for such compensation should be allowed. The compensation awarded should take into account when the gender-based pay discrimination intersects with additional grounds of discrimination. _________________ 54 Case C-407/14, María Auxiliadora Arjona Camacho v Securitas Seguridad España SA, ECLI:EU:C:2015:831, para. 45.
Amendment 458 #
Proposal for a directive
Recital 52
Recital 52
(52) In implementing this Directive Member States should avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of micro, small and medium-sized enterprises. Member States are therefoMember States are invited to assess the impact of their transposition act, on micro, small and medium- sized enterprises in order to ensure that they are not disproportionately affected, giving specific attits proper implementation to micro- enterprises,while providing necessary support to alleviate the administrative burden, and to publish the results of such assessments. Member States should also include an assessment on the impact of the Directive on female dominated sectors.
Amendment 474 #
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Directive applies to all workers who work in the Union or are working for an employer based in a Member State, and who have an employment contract or employment relationship as defined by law, collective agreements and/or practice in force in each Member State including non-standard contracts such as part-time workers, workers on fixed-term contracts and persons with a contract of employment or with an employment relationship with a temporary agency with consideration to the case-law of the Court of Justice.
Amendment 499 #
Proposal for a directive
Article 3 – paragraph 1 – point f a (new)
Article 3 – paragraph 1 – point f a (new)
(fa) ’worker’ means a natural person who provides work or services in a predominantly personal capacity and is not genuinely operating a business undertaking on his or her own account.
Amendment 506 #
Proposal for a directive
Article 3 – paragraph 1 – point g a (new)
Article 3 – paragraph 1 – point g a (new)
(ga) ‘workers' representatives’ means: (a) trade union representatives, namely, representatives designated or elected by trade unions or by members of such unions in accordance with national legislation and practice; b) elected representatives, namely, representatives who are freely elected by the workers of the undertaking or organisation, not under the domination or control of the employer in accordance with provisions of national laws or regulations or of collective agreements and whose functions do not include activities which are the exclusive prerogative of trade unions; c) where there exist in the same undertaking both trade union representatives and elected representatives, appropriate measures shall be taken to ensure that the existence of elected representatives is not used to undermine the position of the trade unions concerned or their representatives and to ensure that the exclusive prerogatives of trade unions shall be preserved, in particular their right to collective bargaining and to conclude a collective agreement and to have free access to the workers; (d) workers right to choose to organise in a trade union and to collective bargaining will be respected;
Amendment 514 #
Proposal for a directive
Article 3 – paragraph 1 – point i a (new)
Article 3 – paragraph 1 – point i a (new)
(ia) “intersectional discrimination” refers to discrimination on the basis of two or more grounds or characteristics or identities which operate and interact with each other at the same time in such a way as to be inseparable, producing distinct and specific forms of discrimination;
Amendment 543 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. Member States shall clarify the concept of ‘work of equal value’ in national law, in accordance with the case- law of the Court and point 10 of Recommendation 2014/124/EU, basing the value of work on objective, gender- neutral criteria in accordance with paragraph 3 of this Article.
Amendment 544 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall take the necessary measures e, after consurlting that tools or methodologies are established toe social partners and the equality bodies, to ensure that tools or methodologies are established and are easily accessible to workers and employers for the purpose of assessing and compareing the value of work in linaccordance with the criteria set out in this Article. These tools or methodologies may and to encourage the use of such tools or methodologies to determine pay levels. These tools or methodologies shall be established with the involvement of the social partners, and the worker’s representatives, or in the absence thereof, the workers concerned shall be involved in the process and be given access to all relevant information. These tools shall include gender-neutral job evaluation and classification systems.
Amendment 558 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The tools or methodologies referred to in paragraph 2 shall allow assessing, in regard to the value of work, whether workers are in a comparable situation, on the basis of objective criteria which shall include educational, professional and training requirements, skills, effort and responsibility, work undertaken and the nature of the tasks involved. They shall not contain or be based on criteria which are based, whether directly or indirectly, on workers’ sex. , gender neutral criteria. These gender neutral criteria shall be agreed with the social partners and shall cover at least the following: (a) educational, professional and training requirements; (b) skills, including the knowledge necessary to meet the requirements of a job, interpersonal skills and problem solving; (c) effort, including mental, psycho-social and physical effort; (d) responsibility, including for people, goods and equipment, information and financial resources; (e) working conditions, including those relating to the working environment (physical, psychological and emotional) and the organisational environment. The tools or methodologies referred to in paragraph 2 shall not contain or be based on criteria which are based, whether directly or indirectly, on workers’ gender. Member States shall provide support to employers and the social partners, including training and detailed guidance on establishing the objective, gender- neutral criteria referred to in the first subparagraph of this paragraph and the tools and methodologies referred to paragraph 2.
Amendment 578 #
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Whenevere differences in pay can be attributed to a single source establishing the pay conditions, the assessment whether workers are carrying outperforming the same work or work of equal value shall not be limited to situations in which female and male workworkers of a different genders work for the same employer but may be extended to that single source and allow cross-sector comparisons. The assessment shall also not be limited to workers employed at the same time, in the same sector or by the same employer as the worker concerned. Where no real comparator can be established, a comparison with a hypothetical comparator, on the basis of the criteria referred to in paragraph 3, or the use of other evidence allowing to presume alleged discrimination shall be permitted. The hypothetical comparator shall facilitate cross-sectoral comparisons.
Amendment 588 #
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Where aMember States shall ensure that employers and the social partners are provided with the necessary tools and guidance to introduce gender-neutral job evaluation and classification system is useds for determining pay, it shall be based on the same criteria for both men and women and. Such job evaluation and classification systems shall be based on gender-neutral criteria drawn up so as to exclude any form of discrimination on grounds of sex, and to ensure that skills associated with female- dominated jobs are not undervalued.
Amendment 596 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Applicants for employment shall have the right to receive from the prospective employer information about the initial pay level or its range of an advertised position, based on objective, gender-neutral criteria, to be attributed for the position concerned. Such information shall be indicated in a published job vacancy notice or otherwise provided to the applicant prior to the job interview without the applicant having to request it. The applicant for employment shall, upon request, receive information on the average pay level for categories of workers performing the same work as the advertised position or work of equal value to that position and the objective, gender- neutral criteria on which the average pay level is based, prior to the job interview.
Amendment 611 #
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
Amendment 615 #
The employer shall make easily accessible to its workers and workers’ representatives, a description of the criteria used to determine pay levels and career progression for workers. These criteria shall be gender-neutral, including all elements of pay that comprise wages or salary and all other benefits paid directly or indirectly in cash or in kind by the employer to the worker. These criteria shall be gender-neutral and in line with the criteria laid down in Article 4.
Amendment 627 #
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Article 6 a Prohibition of pay secrecy clauses Member States shall put in place measures to prohibit contractual terms which aim to restrict a worker from disclosing information about their pay or to seek information from the same or other categories of workers’ pay.
Amendment 628 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Workers shall have the right to receive clear and complete information on their individual pay level and the average pay levels, broken down by sexgender, for categories of workers doperforming the same work as them or work of equal value to theirs, in accordance with paragraphs 3 and 4. as well as the gender pay gap and median gender pay gap between workers employed by the same employer in accordance with paragraphs 3 and 4. Employers shall provide workers, on request, with information on the methodology used for determining pay levels and pay for each category of worker, including any job evaluation or classification system, as well as the gender pay gap of the employer as a whole.
Amendment 662 #
Proposal for a directive
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. Workers’ representatives shall have the possibility to request information on pay level on behalf of a worker, broken down by gender and category of workers. Workers shall be entitled to be informed on which persons are included in the category of workers used by the employer in the calculation of the median wage levels pursuant to paragraph 1.
Amendment 686 #
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. Employers with at least 250 workers shall provide the following information concerning their organisation, in accordance with paragraphs 2, 3, and 5:
Amendment 724 #
Proposal for a directive
Article 8 – paragraph 1 – point g a (new)
Article 8 – paragraph 1 – point g a (new)
(ga) the average pay levels by category of workers broken down by gender.
Amendment 728 #
Proposal for a directive
Article 8 – paragraph 1 – point g b (new)
Article 8 – paragraph 1 – point g b (new)
(gb) information on the criteria used to determine pay.
Amendment 742 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 770 #
Proposal for a directive
Article 8 – paragraph 5
Article 8 – paragraph 5
5. The employer shall provide the information referred to in paragraph 1, point (g) of this article to all workers and theirworkers representatives, as well as to the monitoring body referred to in paragraph 6. It shall provide it to the labour inspectorate and the equality body upon their request. The information from the previous four years, if available, shall also be provided upon request.
Amendment 778 #
Proposal for a directive
Article 8 – paragraph 7
Article 8 – paragraph 7
7. Workers and theirworkers representatives, labour inspectorates and equality bodies shall have the right to ask the employer for additional clarifications and details regarding any of the data provided, including explanations concerning any gender pay differences. The employer shall respond to such request within a reasonable time by providing a substantiated reply. Where gender pay differences are not justified by objective and gender-neutral factors, the employer shall remedy the situation in close cooperation with the workers’ representatives, the labour inspectorate and/or the equality body. Employers, workers’ representatives and the equality body shall take into account and address any additional and intersecting forms of discrimination and unconscious bias.
Amendment 796 #
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Member States shall take appropriate measures to ensure that all employers with at least 250 workers conduct, in cooperation with their workers’ representatives, a joint pay assessment where both of the following conditions are met:n the pay reporting conducted in accordance with Article 8 demonstrates a difference of average of pay level among workers of different gender which the employer can not justify by objective and gender-neutral factors.
Amendment 809 #
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
Amendment 815 #
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
Amendment 835 #
Proposal for a directive
Article 9 – paragraph 2 – point e
Article 9 – paragraph 2 – point e
(e) a Gender Action Plan containing measures to address such differences if they are not justified on the basis of objective and gender-neutral criteria;
Amendment 838 #
Proposal for a directive
Article 9 – paragraph 2 – point f
Article 9 – paragraph 2 – point f
(f) a monitoring report on the effectiveness of any measures mentioned in previous joint pay assessmentthe Gender Action Plan and review mechanisms.
Amendment 840 #
Proposal for a directive
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2 a. Employers and workers’ representatives shall jointly draw up and agree on the Gender Action Plan referred to in point (e) of the first subparagraph with concrete measures and goals to close the gender pay gap. Where possible, the Gender Action Plan shall be drawn up in cooperation with the equality body. Where applicable, the Gender Action Plan shall be included in the management report drawn up pursuant to Directive 2013/34/EU.
Amendment 873 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Without prejudice to the autonomy of social partners and in accordance with national law and practice, Member States shall ensure that the rights and obligations under this Directive are discussed with social partnerstransposition, implementation and monitoring of this Directive is discussed with social partners. Member States shall, without prejudice to the autonomy of the social partners, strengthen the role of social partners to promote gender equality and to tackle pay discrimination and the undervaluation of work that is predominantly carried out by women, with the aim of achieving equal pay for work of equal value. Member States shall, without prejudice to the autonomy of the social partners, ensure that employers provide for equal pay for equal work or work of equal value in a planned and systematic way in the workplace, in accordance with mechanisms laid down in this Directive, including vocational training and career progression. Employers shall provide workers and workers’ representatives with appropriate information pursuant to Articles 7, 8 and 9.
Amendment 904 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The compensation or reparation referred to in paragraph 1 shall ensure real and effective compensation for the loss and damage sustained, in a way which is dissuasive and proportionate to the damage suffered. Where gender-based pay discrimination intersects with additional grounds of discrimination, the compensation or reparation shall be adjusted accordingly.
Amendment 970 #
Proposal for a directive
Article 20 – paragraph 2 – introductory part
Article 20 – paragraph 2 – introductory part
2. Member States shall ensure that fines are applied to infringements of the rights and obligations relating to equal pay for the sameequal work or work of equal value. They shall set a minimum level for such finespercentage based on the employer’s gross annual turnover as a minimum level for such fines and shall ensure that that minimum level is proportionate and has a ensuring real deterrent effect. The level of the fines shall take into account:.
Amendment 976 #
Proposal for a directive
Article 20 – paragraph 2 – point a
Article 20 – paragraph 2 – point a
(a) the gravity and duration of the infringement and whether there were repeated infringements;
Amendment 980 #
Proposal for a directive
Article 20 – paragraph 2 – point c
Article 20 – paragraph 2 – point c
(c) any other aggravating or mitigating factor applicable to the circumstances of the case such as where gender-based pay discrimination intersects with other grounds of discrimination, or relevant mitigating factors.
Amendment 1002 #
Proposal for a directive
Article 22 a (new)
Article 22 a (new)
Article 22 a Intersectionality 1. Member States shall ensure that in legal proceedings aiming to enforce the rights and obligations relating to equal pay for equal work or work of equal value, the courts, the equality bodies and other competent authorities duly assess the existence of other grounds of discrimination protected under Directives 2000/43/EC or 2000/78/EC and take due account of such discrimination for substantive and procedural purposes. 2. Member States, employers, workers' representatives, equality bodies and monitoring bodies designated pursuant to Article 26 shall, where possible take into account the existence of intersectional forms of discrimination when implementing and reporting on pay transparency measures and develop and implement specific actions to identify and address situations in which gender-based pay discrimination intersects with other grounds of discrimination. They may also analyse and revise any practice or criteria that could be discriminatory and tackle and find solutions for the concerns of women facing intersecting forms of discrimination within a particular workplace or sector. 3. When collecting data received from employers, the equality bodies shall, where possible, analyse that data in a way that takes account of multiple and intersectional forms of discrimination.
Amendment 1010 #
Proposal for a directive
Article 25 – paragraph 3
Article 25 – paragraph 3
3. Member States shall provide the equality bodies with additional resources and ensure their adequate resourcefunding and sufficient capacity that is necessary for effectively carrying out their new functions with regard to the respect for the right to equal pay between men and women for the samefor equal work or work of equal value. Member States shall consider allocatingon top of the national resources assigned to equality bodies to additionally allocate the amounts recovered as fines pursuant to Article 20 to the equality bodies for that purpose.
Amendment 1014 #
Proposal for a directive
Article 26 – paragraph 2
Article 26 – paragraph 2
2. Each Member State shall designate a body (‘monitoring body’) for the monitoring and support of the implementation of national legal provisions implementing this Directive and shall make the necessary arrangements and ensure adequate resources for the proper functioning of such body. The monitoring body may be part of existing bodies or structures at national level, depending on the national institutional context for implementing the principle of equal pay. It shall work closely with the social partners involved in the application of the principle of equal pay.
Amendment 1033 #
Proposal for a directive
Article 26 – paragraph 3 – point c
Article 26 – paragraph 3 – point c
(c) to aggregate data received from employers pursuant to Article 8(6), and publish this data in an accessible and user-friendly manner, including with regard to persons with disabilities, in accordance with Directive (EU) 2019/882 and, where possible, analyse that data for the purpose of identifying multiple and intersectional forms of discrimination;
Amendment 1039 #
Proposal for a directive
Article 26 – paragraph 3 – point c a (new)
Article 26 – paragraph 3 – point c a (new)
(ca) to compare the data received from employers pursuant to Article 8(6) with a view to identifying and assessing possible discrimination across different sectors, with a particular focus on female- dominated sectors;
Amendment 1043 #
Proposal for a directive
Article 26 – paragraph 3 – point e a (new)
Article 26 – paragraph 3 – point e a (new)
Amendment 1045 #
Proposal for a directive
Article 26 – paragraph 3 – point e b (new)
Article 26 – paragraph 3 – point e b (new)
(eb) to raise awareness of gender-based pay discrimination intersecting with various axes of discrimination such as racial or ethnic origin, religion or belief, disability, age or sexual orientation as protected under Directive 2000/43/EC or 2000/78/EC.
Amendment 1052 #
Proposal for a directive
Article 26 – paragraph 4 a (new)
Article 26 – paragraph 4 a (new)
4a. The monitoring body shall assist Member States in their efforts to combat the gender pay gap by providing guidance and sharing best practices on policies and methodologies to determine and compare work of equal value, including across sectors with a concrete focus on combating the systemic undervaluation of work in female dominated sectors and making full use, where appropriate of the data, knowledge and capacities of the European Institute for Gender Equality.
Amendment 1055 #
Proposal for a directive
Article 27 – paragraph 1
Article 27 – paragraph 1
This Directive shall not affect in any way the right to negotiate, conclude and enforce collective agreements and to take collective action in accordance with national law or practice. Without prejudice to the autonomy of the social partners, Member States shall guarantee that trade unions can collectively bargain, at the appropriate level, on measures to address pay discrimination and the undervaluation of work predominantly carried out by women, as well as other measures aimed at closing the gender pay gap. Such measures shall include the development and use of job evaluation and classification systems free from gender bias with the involvement of trade unions. Member States shall take appropriate measures to ensure that employers recognise trade unions and its representation at the workplace, and the right of workers to organise and participate in collective bargaining.
Amendment 1061 #
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
Member States shall provide the Commission (Eurostat) with up-to-date gender pay gap data annually and in a timely manner. These statistics shall be broken down by gender, economic sector, working time (full-time/part-time), type of contract (indefinite/ temporary/per hours), economic control (public/private ownership), disability, and age and be calculated on an annual basis and, where possible combine them with anonymised data regarding additional intersectional forms of discrimination.
Amendment 1081 #
Proposal for a directive
Article 31 – paragraph 2
Article 31 – paragraph 2
2. When informing the Commission, Member States shall also accompany it withprovide a summary of the results of their assessment regarding the impact of their transposition act onon workers and employers of micro, small and medium- sized enterprises and on female dominated sectors and a reference to where such assessment is published.
Amendment 1089 #
Proposal for a directive
Article 32 – paragraph 1
Article 32 – paragraph 1
1. By [eightfive years after the entry into force] Member States shall communicate to the Commission all information on how this Directive has been applied and what has been its impact in practice.