23 Amendments of Hilde VAUTMANS related to 2021/0050(COD)
Amendment 503 #
Proposal for a directive
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) ‘category of workers’ means workers performing the same work or work of equal value grouped by the workers’ employer based on criteria as laid down in Article 4 of this Directive and specified by the employer concernedwho are grouped by the workers’ employer with respect to applicable law, collective agreement or other provisions in each Member State with regard to workers performing the same work or work of equal value;
Amendment 516 #
Proposal for a directive
Article 3 – paragraph 1 – point i a (new)
Article 3 – paragraph 1 – point i a (new)
(ia) ‘workers’ representatives’ means trade unions or workers’ representatives according to national law and practices;
Amendment 540 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall take the necessary measures to ensure that employers have pay structures in place ensuring that women and men are paid equally for the same work or work of equal value. performed at the same employer
Amendment 554 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall take the necessary measures ensuring that tools or methodologies are established to assess andogether with social partners take appropriate measures ensuring adequate guidance to assess and when possible compare the value of work in line with the criteria set out in this Article. These tools or methodologierecommendations may include gender-neutral job evaluation and classification systems.
Amendment 561 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The tools or methodologies 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. Those criteria shall be agreed with the social partners and shall include, for instance : (a) educational, professional and training requirements,; (b) skills, effort and responsibility,including the knowledge necessary to meet the requirements of a job, interpersonal skills and problem solving; (c) responsibility, including for people, goods and equipment, information and financial resources; (d) work undertaken and; (e) 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.
Amendment 598 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Applicants for employment who enter the final stage of recruitment shall have the right to receive from the prospective employer information about the initial pay level or itspay range, 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.
Amendment 636 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Workers whose employer employs at least 50 workers shall have the right to receive information on their individual pay level and the average pay levels, broken down by sex, for categories of workers doing the same work as them or work of equal value to theirs, in accordance with paragraphs 3 and 4 provided that this information has not already been communicated to the workers' representatives.
Amendment 655 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Employers shall provide the information referred to in paragraph 1 within a reasonable period of time upon a worker’s request. The information shall be provided only if it does not reveal information about wage levels of an individual worker and in accessible formats for workers with disabilities upon their request.
Amendment 683 #
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 715 #
Proposal for a directive
Article 8 – paragraph 1 – point f
Article 8 – paragraph 1 – point f
Amendment 748 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The employer shall publishcommunicate the information referred to in paragraph 1, points (a) to (f) on an annual basis in a user-friendly way on its website or shall otherwise make it publicly availableto the trade union or the workers' representatives at the works council. The information from the previous four years, if available, shall also be accessible to the trade union or workers' representatives upon request. In addition, the employer shall share this information with the monitoring body referred to in paragraph 6.
Amendment 768 #
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) and point (g a) to all workers and their 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 786 #
Proposal for a directive
Article 8 – paragraph 7
Article 8 – paragraph 7
7. Workers and their 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 within a reasonable time in close cooperation with the workers’ representatives, the labour inspectorate and/or the equality body.
Amendment 804 #
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 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:
Amendment 824 #
Proposal for a directive
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. The joint pay assessment shallmay include the following:
Amendment 852 #
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
4. If the joint pay assessment reveals differences in average pay for equal work or work of equal value between female and male workers which cannot be justified by objective and gender-neutral criteria, the employer shall remedy the situation within a reasonable time, in close cooperation with the workers’ representatives, labour inspectorate, and/or equality body. Such action shall include the establishment of gender-neutral job evaluation and classification to ensure that any direct or indirect pay discrimination on grounds of sex is excluded.
Amendment 940 #
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Member States shall ensure that the limitation periods for bringing claims are set at three years at leastin accordance with national labour market practice and established case law.
Amendment 951 #
Proposal for a directive
Article 19
Article 19
Amendment 959 #
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
Claimants who prevail on a pay discrimination claim shall have the right to recover from the defendant, in addition to any other damages, reasonable legal and experts’ fees and costs. Defendants who prevail on a pay discrimination claim shall not have the right to recover any legal and experts’ fees from the claimant(s) and costs, unless the claim was brought in bad faith, was clearly frivolous or where such non-recovery is considered manifestly unreasonable under the specific circumstances of the case.;
Amendment 969 #
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 same work or work of equal value. They shall set a minimum level for such fines ensuringbased, for instance, on the employer’s gross annual turnover or on the employer’s total payroll and shall ensure that that minimum level is proportionate and has a real deterrent effect. The level of the fines shall take into account:
Amendment 1021 #
Proposal for a directive
Article 26 – paragraph 2 a (new)
Article 26 – paragraph 2 a (new)
2a. Member States shall ensure the monitoring body has adequate resources in order to fulfil its tasks.
Amendment 1072 #
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
Member States may entrust the social partners with the implementation of this Directive, where the social partners jointly request to do so, provided that Member States take all the necessary steps to ensure that the results sought by this Directive are guaranteed at all times. Member States may allow social partners to establish, negotiate, conclude and apply collective agreement in accordance to national law and labour market traditions or relevant case law that establishes rules concerning information about wage setting that deviates from [Articles 5 to 9] in this Directive or regulations concerning limitation periods in Article 18.
Amendment 1075 #
Proposal for a directive
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [twofour years after the entry into force]. They shall immediately inform the Commission thereof.