Activities of Sara SKYTTEDAL related to 2020/0310(COD)
Plenary speeches (1)
Adequate minimum wages in the European Union (debate)
Amendments (59)
Amendment 81 #
Proposal for a directive
–
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— The European Parliament rejects [the Commission proposal].
Amendment 90 #
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on a framework for adequate minimum wages in the European Union
Amendment 135 #
Proposal for a directive
Recital 6
Recital 6
(6) Better working and living conditions, including through adequate minimum wages, benefit both workers and businesses in the Union and are a prerequisite for achieving inclusive and sustainable growth. Addressing large differences in the coverage and adequacy of minimum wage protection, while preserving competences of the Member States and respecting the principle of subsidiarity, contributes to improving the fairness of the EU labour market and promote economic, social progress and upward convergence. Competition in the Single Market should be based on high social standards, innovation and productivity improvements ensuring a level playing field.
Amendment 205 #
Proposal for a directive
Recital 13
Recital 13
(13) While strong collective bargaining at sector or cross-industry level contributes to ensuring adequate minimum wage protection, traditional collective bargaining structures have been eroding during the last decades, in part due to structural shifts in the economy towards less unionised sectors and to the decline in trade union membership related to the increase of atypical and new forms of work.
Amendment 211 #
Proposal for a directive
Recital 14
Recital 14
(14) The Commission has consulted management and labour in a two-stage process with regard to possible action to address the challenges related to adequate minimum wages protection in the Union, in accordance with Article 154 of the Treaty on the Functioning of the European Union. There was no agreement among the social partners to enter into negotiations with regard to those matters. It is, however, important to take action at Union level, while preserving the competences of the Member States and respecting the principle of subsidiarity, to ensure that workers in the Union are protected by adequate minimum wages, taking into account the outcomes of the social partners’ consultation.
Amendment 217 #
Proposal for a directive
Recital 15
Recital 15
(15) This Directive establishes minimum requirements at Union level, while preserving the competences of the Member States and respecting the principle of subsidiarity, to ensure both that minimum wages are set at adequate level and that workers have access to minimum wage protection, in the form of a statutory minimum wage or in the form of wages set under collective agreements as defined for the purpose of this Directive.
Amendment 239 #
Proposal for a directive
Recital 17
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, with consideration to 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.
Amendment 267 #
Proposal for a directive
Recital 19
Recital 19
(19) In a context of declining collective bargaining coverage, it is essential that the Member States promote collective bargaining to enhance workers’ access to minimum wage protection provided by collective agreements. This applies in particular to Member States where multinational and large corporations in the digital and logistics industries practice social dumping and have further eroded alleged loopholes in the social system in recent years. 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.
Amendment 270 #
Proposal for a directive
Recital 19
Recital 19
(19) In a context of declining collective bargaining coverage, it is essential that the Member States promote collective bargaining to enhance workers’ access to minimum wage protection provided by collective agreements. This applies in particular to Member States with a low collective bargaining coverage. 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 shouldmay be established by law or by tripartite agreement..
Amendment 299 #
Proposal for a directive
Recital 21
Recital 21
(21) Minimum wages are considered adequate if they are fair in relation to the wage distribution in the country and if they provide a decent standard of living. The adequacy of statutory minimum wages is determined in view of the national socio- economic conditions, including employment growth, competitiveness as well as regional and sectoral developments. Their adequacy should be assessed at least in relation to their purchasing power, to the productivity developments and to their relation to the gross wage levels, distribution and growth. The use of indicators commonly used at international level, such as 60% of the gross median wage and 50% of the gross average wage, can help guide the assessment of minimum wage adequacy in relation to the gross level of wages.
Amendment 300 #
Proposal for a directive
Recital 21
Recital 21
(21) Minimum wages are considered adequate if they are fair in relation to the wage distribution in the country and if they provide a decent standard of living. The adequacy of statutory minimum wages is determined in view of the national socio- economic conditions, including employment growth, competitiveness as well as regional and sectoral developments. Their adequacy should be assessed at least in relation to their purchasing power, to the productivity developments and to their relation to the gross wage levels, distribution and growth. The use of indicators commonly used at international level, such as 60% of the gross median wage and 50% of the gross average wage, can help guide the assessment of minimum wage adequacy in relation to the gross level of wages.
Amendment 312 #
Proposal for a directive
Recital 21
Recital 21
(21) Minimum wages are considered adequate if they are fair in relation to the wage distribution in the country and if they provide a decent standard of living. The adequacy of statutory minimum wages is determined in view of the national socio- economic conditions, including employment growth, competitiveness as well as regional and sectoral developments. Their adequacy should be assessed at least in relation to their purchasing power, to the productivity developments and to their relation to the gross wage levels, distribution and growth. The use of indicators commonly used at international level, such as 60% of the gross median wage and 50% of the gross average wage,in each Member State and that are in accordance with their national laws and practices can help guide the assessment of minimum wage adequacy in relation to the gross level of wages.
Amendment 343 #
Proposal for a directive
Recital 24
Recital 24
(24) The effective implementation of minimum wage protection set out by legal provisions or provided by collective agreements is essential in the performance of public procurement and concession contracts. Non-respect of collective agreements providing for minimum wage protection in a given sector may indeed occur in the execution of such contracts or in the sub- contracting chain thereafter, resulting in workers being paid less than the wage level agreed in the sectoral collective agreements. To prevent such situations, economic operators have to apply to their workers the wages set by collective agreements for the relevant sector and geographical area in order to abide by applicable obligations in the field of labour law, in accordance with Articles 18(2) and 71(1) of Directive 2014/24/EU of the European Parliament and the Council on public procurement40 , Articles 36(2) and 88(1) of Directive 2014/25/EU of the European Parliament and the Council41 on procurement by entities operating in the water, energy, transport and postal services sectors and Articles 30(3) and 42(1) of Directive 2014/23/EU of the European Parliament and the Council42 on the award of concession contracts. __________________ 40Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65). 41 Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243). 42Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contract (OJ L 94, 28.3.2014, p. 1).
Amendment 374 #
Proposal for a directive
Recital 29 a (new)
Recital 29 a (new)
(29 a) The general level of protection afforded to workers in Austria, Denmark and Sweden is significantly higher than that provided for in this Directive. Average wage levels are among the highest in the Union and minimum wage protection is provided for effectively by collective bargaining models. It would therefore be wholly disproportionate to require Austria, Denmark and Sweden to transpose and implement this Directive.
Amendment 375 #
Proposal for a directive
Recital 29 a (new)
Recital 29 a (new)
(29 a) The general level of protection afforded to workers in Denmark and Sweden is significantly higher than that provided for in this Directive. Average wage levels are among the highest in the Union and minimum wage protection is provided for effectively by collective bargaining models. It would therefore be wholly disproportionate to require Denmark and Sweden to transpose and implement this Directive.
Amendment 378 #
Proposal for a directive
Recital 30
Recital 30
(30) 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 therefore invited to assess the impact of their transposition act on small and medium-sized enterprises in order to ensure that they are not disproportionatnegatively affected, giving specific attention to micro- enterprises and to the administrative burden, and to publish the results of such assessments. If found that micro, small and medium-sized enterprises are disproportionatnegatively affected, Member States should consider introducing measures to support these enterprises to adjust their remuneration structures to the new requirementbe able to decide not to apply this Directive with regard to those enterprises.
Amendment 380 #
Proposal for a directive
Recital 30
Recital 30
(30) 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 therefore invitobliged to assess the impact of their transposition act on small and medium-sized enterprises in order to ensure that they are not disproportionately affected, giving specific attention to micro-enterprises and to the administrative burden, and to publish the results of such assessments. If found that micro, small and medium-sized enterprises are disproportionately affected, Member States should consider introducing measures to support these enterprises to adjust their remuneration structures to the new requirements.
Amendment 384 #
Proposal for a directive
Recital 31
Recital 31
(31) The Technical Support Instrument43 and the European Social Fund plus44 are available to Member States and enterprises, especially to SMEs, to develop or improve the technical aspects of minimum wage frameworks, including on assessment of adequacy, monitoring and data collection, broadening access, as well as on enforcement and on general capacity building related to the implementation of said frameworks. __________________ 43Proposal for a Regulation of the European Parliament and of the Council of 28 May 2020 on the establishment of the Technical Support Instrument, COM(2020) 409 final 44Proposal for a Regulation of the European Parliament and of the Council on the European Social Fund Plus, COM/2018/382 final.
Amendment 391 #
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
1. With a view to improving working and living conditions in the Union, this Directive establishes a framework for promoting:
Amendment 394 #
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
1. With a view to improving working and living conditions in the Union, this Directive establishes a framework for promoting:
Amendment 423 #
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
3. The application of this Directive shall be in full compliance with the freedom of association, as recognised in the Charter of fundamental rights of the European Union. Nothing in this Directive shall be construed as imposing an obligation on the Member States where wage setting is ensured exclusively or mainly via collective agreements to introduce a statutory minimum wage nor to make the collective agreements universally applicable.
Amendment 429 #
Proposal for a directive
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. Member States where there are no statuary minimum wages or systems for declaring collective agreements generally binding, where minimum wage protection is provided exclusively by collective bargaining between autonomous social partners, shall have the option not to apply this Directive, either totally or in part, provided that there is, in the view of the Member State, sufficient support for this among representative social partners at national level.
Amendment 438 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
This Directive applies to workers in the Union who have an employment contract or employment relationship as defined by law, collective agreements or practice in force in each Member State, with consideration to the case-law of the Court of Justice of the European Union.
Amendment 442 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
Member States may decide not to apply this Directive to small and medium-sized enterprises (SMEs) within their countries or if the Directive could cause serious damage to the country's own conditions of well-functioning employment and labour market systems.
Amendment 456 #
Proposal for a directive
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘collective bargaining’ means all negotiations which take place in each Member State in accordance with their national law and practices between an employer, a group of employers or one or more employers’ organisations, on the one hand, and one or more workers’ organisations, on the other, for determining working conditions and terms of employment; and/or regulating relations between employers and workers; and/or regulating relations between employers or their organisations and a worker organisation or worker organisations;
Amendment 458 #
Proposal for a directive
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘collective bargaining’ meanis firstly defined at national level; at an EU level it is defined as all negotiations which take place between an employer, a group of employers or one or more employers’ organisations, on the one hand, and one or more workers’ organisations, on the other, for determining working conditions and terms of employment; and/or regulating relations between employers and workers; and/or regulating relations between employers or their organisations and a worker organisation or worker organisations;
Amendment 466 #
Proposal for a directive
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘collective agreement’ means all agreements in each Member State in accordance with their national laws and practices in writing regarding working conditions and terms of employment concluded by the social partners as an outcome of collective bargaining;
Amendment 475 #
Proposal for a directive
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) ‘collective bargaining coverage’ means the share of workers at national level to whom a collective agreement applies; when calculating the collective bargaining coverage, Member States should take into account both direct and indirect collective bargaining coverage, where indirect collective bargaining coverage is provided, for example, by companies oriented towards sectoral collective agreements.
Amendment 478 #
Proposal for a directive
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) ‘collective bargaining coverage’ means the share of workers at national levelin each Member State in accordance with their national laws and practices to whom a collective agreement applies;
Amendment 490 #
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. With the aim to increase the collective bargaining coverage Member States shall take, in accordance with their national law and practices, and in consultation with the social partners, at least the following measures:
Amendment 492 #
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. With the aim to increaseof promoting the collective bargaining coverage, Member States shall take, in consult, in accordance with national law and practice and in cooperation with the social partners, at leastundertake the following measures:
Amendment 501 #
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) promofacilitate the building and strengthening of the capacity of the social partners to engage in collective bargaining on wage setting at sector or cross-industry level for workers who choose it;
Amendment 505 #
Proposal for a directive
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) encourage constructive, meaningful and informed negotiations on wages among social partners;, thereby respecting the free will of workers and employers in the process
Amendment 531 #
Proposal for a directive
Article 4 – paragraph 2
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 in addition 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 respecting existing legislation and traditions and practices in this field , 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.
Amendment 535 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States where overall collective bargaining coverage is less than 70% of the workers defined within the meaning of Article 2 shall in addition 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 shallmay establish an action plan to promote collective bargaining. The action plan shallmay then be made public and shall be notified to the European Commission.
Amendment 536 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States where overall collective bargaining coverage is less than 70% of the workers defined within the meaning of Article 2 shallmay in addition 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 shallmay establish an action plan to promote collective bargaining. The action plan shallmay then be made public and shall be notified to the European Commission.
Amendment 537 #
Proposal for a directive
Article 4 – paragraph 2
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 shallmay in addition 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 shallmay establish an action plan to promote collective bargaining. The action plan shallmay be made public and shall be notified to the European Commission.
Amendment 556 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States with statutory minimum wages shall take the necessary measures to ensure that the setting and updating of statutory minimum wages are guided by criteria set to promote adequacy, taking into account local specificities and in such a way that they do not disturb the economic balance and competitiveness, with the aim to achieve decent working and living conditions, social cohesion and upward convergence. Member States shall define those criteria in accordance with their national practices, either in relevant national legislation, in decisions of the competent bodies or in tripartite agreements. The criteria shall be defined in a stable and clear way.
Amendment 568 #
Proposal for a directive
Article 5 – paragraph 2 – introductory part
Article 5 – paragraph 2 – introductory part
2. The national criteria referred to in paragraph 1 shall include at least the following elementmay take amongst others the following elements into account, whose relevance and relative weight may be decided by Member States in accordance with their prevailing national socio- economic conditions:
Amendment 571 #
Proposal for a directive
Article 5 – paragraph 2 – introductory part
Article 5 – paragraph 2 – introductory part
2. The national criteria referred to in paragraph 1 shallcan include at least the following elements: whose relevance and relative weight may be decided by Member States in accordance with their prevailing national socio-economic conditions
Amendment 617 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 642 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Member States shall take the necessary measures to ensure the regular and timely updates of statutory minimum wages in order to preservomote their adequacy.
Amendment 643 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Member States shall take the necessary measures to ensure the regular and timely updates of statutory minimum wages in order to preservomote their adequacy.
Amendment 661 #
Proposal for a directive
Article 6
Article 6
Amendment 700 #
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
Member States shall take the necessary measures to ensurfacilitate that the social partners are involved in a timely and effective manner in statutory minimum wage setting and updating, including through participation in consultative bodies referred to in Article 5(5) and notably as concerns:
Amendment 703 #
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
Member States shall take the necessary measures to ensurable that the social partners are involved in a timely and effective manner in statutory minimum wage setting and updating, including through participation in consultative bodies referred to in Article 5(5) and notably as concerns:
Amendment 704 #
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
Member States shall take the necessary measures to ensure thatable the social partners arto be involved in a timely and effective manner in statutory minimum wage setting and updating, including through participation in consultative bodies referred to in Article 5(5) and notably as concerns:
Amendment 731 #
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
Member States shall, in cooperation with social partners, take the following measures where proportionate, to enhance the access of workers to statutory minimum wage protection as appropriate:
Amendment 732 #
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
Member States shall, where appropriate, in cooperation with social partners, take the following measures to enhance the access of workers to statutory minimum wage protection as appropriate:
Amendment 740 #
Proposal for a directive
Article 8 – paragraph 1 – point 1
Article 8 – paragraph 1 – point 1
(1) strengthen the controls and field inspections conducted by labour inspectorates or the bodies responsible for the enforcement of statutory minimum wages. ThWhere duly justified, those controls and inspections shall be proportionate and non-discriminatory;
Amendment 763 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
In accordance with Directive 2014/24/EU, Directive 2014/25/EU and Directive 2014/23/EU, Member States shall take appropriate measures to ensure that in the performance of public procurement or concession contracts economic operators comply with the wages set out by Union law, national provisions or collective agreements for the relevant sector and geographical area and with the statutory minimum wages where they exist.
Amendment 764 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
In accordance with Directive 2014/24/EU, Directive 2014/25/EU and Directive 2014/23/EU, Member States shall take appropriate measures to ensure that in the performance of public procurement or concession contracts economic operators comply with the wages set out by relevant collective agreements for the relevant sector and geographical area and with the statutory minimum wages where they exist.
Amendment 771 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall task their competent authorities with developing effective data collection tools to monitor the coverage and adequacy of minimum wages. These tools should be designed in a way that will not impose excessive administrative burden on employers, especially in the SME sector and on micro-entrepreneurs.
Amendment 864 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall ensure that,in accordance with their national laws and practices, and without prejudice to specific forms of redress and dispute resolution provided for, and where applicable, ensure that in collective agreements, workers, including those whose employment relationship has ended, have access to effective and impartial dispute resolution and a right to redress, including adequate compensation, in the case of infringements of their rights relating to statutory minimum wages or minimum wage protection provided by collective agreements.
Amendment 876 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Member States shall in accordance with their national laws and practices, and where applicable take the measures necessary to protect workers, including those who are workers’ representatives, from any adverse treatment by the employer and from any adverse consequences resulting from a complaint lodged with the employer or resulting from any proceedings initiated with the aim of enforcing compliance with the rights relating to statutory minimum wages or minimum wage protection provided by collective agreements.
Amendment 890 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Amendment 910 #
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. This Directive is without prejudice to any other rights conferred on workers by other legal acts of the Union.
Amendment 916 #
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
This Directive is addressed to the Member States except Austria, Denmark and Sweden.
Amendment 917 #
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
This Directive is addressed to the Member States except Denmark and Sweden.