[ParlTrack]

Sara SKYTTEDAL, Jessica POLFJÄRD, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
–

The European Parliament rejects the Commission proposal.

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Radan KANEV, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
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 m~~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 same 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, while fully respecting the different labour market models in the Member States.

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Henna VIRKKUNEN, Radan KANEV, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Recital 11

(11) This Directive should apply to all workers, including part-time workers, fixed-term contract workers or persons with a contract of employment or employment relationship with a temporary agency, who have an employment contract or employment relationship as defined by the law, collective agreements and/or practice in force in each Member State, taking into account the case-law of the Court of Justice of the European Union (‘the Court’). In its case law, the Court established criteria for determining the status of a worker47 . Provided that they fulfil those criteria, domestic workers, on- demand workers, intermittent workers, voucher based-workers, platform workers, trainees and apprentices 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. _________________ 47 Case C-66/85, Deborah Lawrie-Blum v Land Baden-Württemberg, ECLI:EU:C:1986:284; Case C-428/09, Union Syndicale Solidaires Isère v Premier ministre and Others, ECLI:EU:C:2010:612; Case C-229/14, Ender Balkaya v Kiesel Abbruch- und Recycling Technik GmbH, ECLI:EU:C:2015:455; Case C-413/13, FNV Kunsten Informatie en Media v Staat der Nederlanden, ECLI:EU:C:2014:2411; Case C-216/15, Betriebsrat der Ruhrlandklinik gGmbH v Ruhrlandklinik gGmbH, ECLI:EU:C:2016:883; Case C- 658/18, UX v Governo della Repubblica italiana, ECLI:EU:C:2020:572.

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Recital 12

(12) In order to remove obstacles for victims of gender pay discrimination to enforce their right to equal pay and guide employers in ensuring respect of this right, the core concepts related to equal pay, such as ‘pay’ and ‘work of equal value’, should be clarified in line with the case law of the Court. This should facilitate the application of these concepts, especially for small and medium-sized enterprises.deleted

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Recital 13

(13) The principle of equal pay for equal work or work of equal value for women and men should be respected with regard to wage or salary and any other consideration, whether in cash or in kind, which the workers receive directly or indirectly, in respect of their employment from their employer. In line with the case-law of the Court48 , the concept of ‘pay’ should comprise not only salary, but also additional benefits such as bonuses, overtime compensation, travel facilities (including cars provided by the employer and travel cards), housing allowances, compensation for attending training, payments in case of dismissal, statutory sick pay, statutory required compensation and occupational pensions. It should include all elements of remuneration due by law or collective agreement. _________________ 48 For example, Case C-58/81, Commission of the European Communities v Grand Duchy of Luxembourg, ECLI:EU:C:1982:215; Case C-171/88 Rinner-Kulhn v FWW Spezial- Gebaudereinigung GmbH, ECLI:EU:C:1989:328; Case C-147/02 Alabaster v Woolwhich plc and Secretary of State for Social Security, ECLI:EU:C:2004:192; Case C-342/93 - Gillespie and Others ECLI:EU:C:1996:46; Case C-278/93 Freers and Speckmann v Deutsche Bundepost, ECLI:EU:C:1996:83; Case C-12/81, Eileen Garland v British Rail Engineering Limited, ECLI:EU:C:1982:44; Case C-360/90, Arbeiterwohlfahrt der Stadt Berlin e.V. v Monika Bötel, ECLI:EU:C:1992:246; Case C-33/89, Maria Kowalska v Freie und Hansestadt Hamburg, ECLI: EU:C:1990:265.

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Lukas MANDL, Angelika WINZIG, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
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 pay differences between male and female workers doing 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 line with the case law of the Court, the value of work should be assessed and compared based on objective criteria, such as educational, professional and training requirements, skills, effort and responsibility, work undertaken and the nature of the tasks involved.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.

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Radan KANEV, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
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 sex performing equal work or work of equal value. In situations where no real-life comparator exists, the use of a hypothetical comparator should be allowed, allowing a worker to show that they have not been treated in the same way as a hypothetical comparator of another sex would have been treated. This would lift 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 sex makes it almost impossible to bring an equal pay claim. 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.deleted

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Recital 17

(17) The Court has clarified50 that in order to compare whether workers are in a comparable situation, the comparison is not necessarily limited to situations in which men and women work for the same employer. Workers may be in a comparable situation even when they do not work for the same employer whenever the pay conditions can be attributed to a single source setting up those conditions. This may be the case when pay conditions are regulated by statutory provisions or collective labour agreements relating to pay applicable to several companies, or when such conditions are laid down centrally for more than one organisation or business within a holding company or conglomerate. Furthermore, the Court clarified that the comparison is not limited to workers employed at the same time as the claimant.51 _________________ 50 Case C-320/00 Lawrence, ECLI:EU:C:2002:498. 51 Case 129/79 Macarthys, ECLI:EU:C:1980:103.deleted

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Henna VIRKKUNEN, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

(21) In order to disrupt the perpetuation of a pay gap between female and male workers affecting individual workers over time, employers should not be allowed to enquire about the prior pay history of the applicant for a job.deleted

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Radan KANEV, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Recital 23

(23) Employers should make accessible to workers a description of the criteria used to determine pay levels ~~and career progression~~. The employer should have flexibility in the way it complies with this obligation taking into account the size of the organisation.

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Recital 25

(25) Employers with at least 2500 workers 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 report. _________________ 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).

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Recital 29

(29) Joint pay assessments should trigger the review and revision of pay structures in organisations with at least 2500 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 be designated for this purpose. Joint pay assessments should lead to the elimination of gender discrimination in pay.

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Radan KANEV, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Recital 38

(38) Following the case law of the Court55 , Directive 2006/54/EC established provisions to ensure that the burden of proof shifts to the defendant when there is a prima facie case of discrimination. Member States should not be prevented from introducing, at any appropriate stage of the proceedings, rules of evidence which are more favourable to workers making a claim. In any legal or administrative proceedings concerning direct or indirect discrimination, in case the employer did not comply with the pay transparency obligations set out by the Directive, the burden of proof should be automatically shifted to the defendant, irrespective of the worker showing a prima facie case of pay discrimination. _________________ 55 Case C-109/88, Handels- og Kontorfunktionærernes Forbund I Danmark v Dansk Arbejdsgiverforening, acting on behalf of Danfoss, ECLI:EU:C:1989:383.

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Radan KANEV, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Recital 39

(39) Although it is necessary only to establish a presumption of discrimination before the burden of proof shifts to the employer, it is not always easy for victims and courts to know how to establish even that presumption. Pay transparency measures have the potential to support the use of the reversal of the burden of proof, by helping workers determine the average pay levels for women and men performing the same work or work of equal value. Enabling workers to provide prima facie evidence which allows discrimination to be presumed would swiftly trigger the reverse burden of proof to the benefit of the worker.deleted

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Radan KANEV, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Recital 40

(40) ~~In accordance with the case-law of the Court, n~~National rules on time limits for the enforcement of rights under this Directive should be such that they cannot be regarded as capable of rendering virtually impossible or excessively difficult the exercise of those rights. Limitation periods create specific obstacles for victims of gender pay discrimination. For that purpose, common minimum standards should be established. Those standards should determine when the limitation period begins to run, the duration thereof and the circumstances under which it is interrupted or suspended and provide that the limitation period for bringing claims is at least three years.

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Radan KANEV, Lukas MANDL, Angelika WINZIG, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Recital 41

(41) Litigation costs create a serious disincentive for victims of gender pay discrimination to claim their right to equal pay, leading to insufficient protection and enforcement of the right to equal pay. In order to remove this strong procedural obstacle to justice, successful claimants should be allowed to recover their procedural costs from the defendant. On the other hand, claimants should not be liable for successful defendant’s proceedings costs unless the claim was brought in bad faith, was clearly frivolous or if the non-recovery by the defendant would be considered unreasonable by the courts or other competent authorities under the specific circumstances of the case, for instance having regard to the financial situation of micro-enterprises.

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Recital 50

(50) This Directive aims at a better and more effective implementation of the principle of equal pay for equal work or work to which equal value is attributed between men and women through the establishment of ~~common minimum requirements~~a framework which should apply to all undertakings and organisations across the European Union. Since this objective cannot be sufficiently achieved by the Member States and should therefore be 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 European Union. In accordance with the principle of proportionality as set out in that Article, this Directive, which limits itself to setting minimum standards, does not go beyond what is necessary in order to achieve that objective.

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Article 1 – paragraph 1

This Directive lays down ~~minimum requirements~~a framework to strengthen the application of the principle of equal pay between men and women for equal work or work of equal value enshrined in Article 157 TFEU and the prohibition of discrimination laid down in Article 4 of Directive 2006/54/EC, in particular through pay transparency and reinforced enforcement mechanisms.

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Article 2 – paragraph 2

2. This Directive applies to all workers who have an employment contract or employment relationship as defined by law, collective agreements and/or practice in force in each Member State ~~with consideration to the case-law of the Court of Justice~~.

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Article 2 – paragraph 2 a (new)

2a. Member States with labour market models where autonomous labour market parties are responsible for wage formation 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.

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

~~(c) ‘pay gap’ means the difference of average pay levels between female and male workers of the employer, expressed as percentage of the average pay level of male workers;~~deleted

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

~~(d) ‘median pay level’ means the pay of the worker that would have half of the workers earn more and half less than they do;~~deleted

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Article 3 – paragraph 1 – point e

~~(e) ‘median pay gap’ means the difference between the median pay level of female and median pay level of male workers expressed as percentage of the median pay level of male workers;~~deleted

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Article 3 – paragraph 1 – point f

~~(f) ‘quartile pay band’ means each of four equal groups of workers into which they are divided according to their pay levels – from the lowest to the highest;~~deleted

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
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~~grouped by their respective employers in accordance with national law, collective bargaining agreements, and other relevant practices in the Mem~~ployer concerned;~~ber State.

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI

Proposal for a directive
Article 3 – paragraph 3

3. Pay discrimination under this Directive includes discrimination based on a combination of sex and any other ground or grounds of discrimination protected under Directive 2000/43/EC or Directive 2000/78/EC.deleted

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Henna VIRKKUNEN, Radan KANEV, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
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 for the same employer.

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Article 4 – paragraph 2

2. Member States shall take the necessary measures ensuring ~~that tools or methodologies are established~~guidance to assess and compare the value of work in line with the criteria set out in this Article. Th~~ese tools or methodologies~~is guidance may include gender-neutral job evaluation and classification systems.

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Henna VIRKKUNEN, Radan KANEV, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Article 4 – paragraph 3

3. ~~The tools or methodologies~~An overall assessment according to this guidance 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~~may include educational, professional and training requirements, skills, effort and responsibility, work undertaken and the nature of the tasks involved and similar criteria defined in national law and collective bargaining agreements. They shall not contain or be based on criteria which are based, whether directly or indirectly, on workers’ sex.

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Henna VIRKKUNEN, Radan KANEV, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Article 4 – paragraph 4

4. Whenever differences in pay can be attributed to a single source establishing the pay conditions, the assessment whether workers are carrying out the same work or work of equal value shall not be limited to situations in which female and male workers work for the same employer but may be extended to that single source. The assessment shall also not be limited to workers employed at the same time as the worker concerned. Where no real comparator can be established, a comparison with a hypothetical comparator or the use of other evidence allowing to presume alleged discrimination shall be permitted.deleted

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
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, 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.deleted

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Article 5 – paragraph 2

~~2. An employer shall not, orally or in writing, personally or through a representative, ask applicants about their pay history during their previous employment relationships.~~deleted

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Radan KANEV, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Article 6 – paragraph 1

The employer shall make easily accessible to its workers a description of the criteria used to determine pay levels ~~and career progression~~ for workers. These criteria shall be gender-neutral and in accordance with national law and practices.

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Radan KANEV, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Article 7 – paragraph 1

1. Workers shall have the right to receive information on ~~their individual pay level and the average pay levels, broken down by sex~~pay differences and differences in median pay, broken down by sex in the pay statistics, for categories of workers doing the same work as them or work of equal value to theirs for the same employer, in accordance with paragraphs 3 and 4.

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
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:~~Member States shall, with regard to their respective labour market models and traditions, take appropriate measures to ensure that employers with at least 500 workers map the pay gap between men and women in the different categories of workers.

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Article 8 – paragraph 1 – point a

~~(a) the pay gap between all female and male workers;~~deleted

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Article 8 – paragraph 1 – point b

~~(b) the pay gap between all female and male workers in complementary or variable components;~~deleted

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Article 8 – paragraph 1 – point c

~~(c) the median pay gap between all female and male workers;~~deleted

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Article 8 – paragraph 1 – point d

~~(d) the median pay gap between all female and male workers in complementary or variable components;~~deleted

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Article 8 – paragraph 1 – point e

~~(e) the proportion of female and male workers receiving complementary or variable components;~~deleted

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Article 8 – paragraph 1 – point f

~~(f) the proportion of female and male workers in each quartile pay band;~~deleted

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Article 8 – paragraph 1 – point g

~~(g) the pay gap between female and male workers by categories of workers broken down by ordinary basic salary and complementary or variable components.~~deleted

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Pernille WEISS

Proposal for a directive
Article 8 – paragraph 2

~~2. The accuracy of the information shall be confirmed by the employer’s management.~~deleted

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Radan KANEV, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Article 8 – paragraph 3

3. The employer shall publish 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 available. The information from the previous four years, if available, shall also be accessible upon request. In addition, the employer shall share this information with the monitoring body referred to in paragraph 6.deleted

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Article 8 – paragraph 4

4. Member States may decide to compile the information set out in paragraph 1, points (a) to (f) themselves, on the basis of administrative data such as data provided by employers to the tax or social security authorities. This information shall be made public in accordance with paragraph 6.deleted

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Radan KANEV, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Article 8 – paragraph 5

5. The employer shall provide the information referred to in paragraph 1~~, point (g)~~ to all workers ~~and~~, their trade union 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. T~~ or the trade union with which the employer has struck a collective bargaining agreement. The employer shall, upon request, provide the information ~~from~~to the ~~previous four years,~~monitoring body appointed ifn a~~vailable, shall also be provided upon request~~ccordance with article 26 of this directive.

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Radan KANEV, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Article 8 – paragraph 6

6. Member States shall entrust the monitoring body designated pursuant to Article 26 to collect the data received from employers pursuant to paragraph 1, points (a) to (f) and to ensure that this data is public and allows a comparison between employers, sectors and regions of the Member State concerned in a user- friendly way.deleted

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Article 8 – paragraph 7

7. ~~Workers and their representatives, labour inspect~~Those entitled to informat~~es and equality bodies~~ion from the employer pursuant to article 2 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~~take appropriate measures.

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Article 9 – paragraph 1

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: (a) the pay reporting conducted in accordance with Article 8 demonstrates a difference of average pay level between female and male workers of at least 5 per cent in any category of workers; (b) the employer has not justified such difference in average pay level by objective and gender-neutral factors.deleted

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Article 9 – paragraph 2

2. The joint pay assessment shall include the following: (a) an analysis of the proportion of female and male workers in each category of workers; (b) detailed information on average female and male workers’ pay levels and complementary or variable components for each category of workers; (c) identification of any differences in pay levels between female and male workers in each category of workers; (d) the reasons for such differences in pay levels and objective, gender-neutral justifications, if any, as established jointly by workers’ representatives and the employer; (e) measures to address such differences if they are not justified on the basis of objective and gender-neutral criteria; (f) a report on the effectiveness of any measures mentioned in previous joint pay assessments.deleted

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Article 9 – paragraph 3

3. Employers shall make the joint pay assessments available to workers, workers’ representatives, the monitoring body designated pursuant to Article 26, the equality body and the labour inspectorate.deleted

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Lukas MANDL, Angelika WINZIG, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
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, 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.deleted

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Radan KANEV, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Article 16 – paragraph 1

1. Member States shall take the appropriate measures, in accordance with their national judicial systems, to ensure that, when workers who consider themselves wronged because the principle of equal pay has not been applied to them, establish before a court or other competent authority, facts from which it may be presumed that there has been direct or indirect discrimination, it shall be for the defendant to prove that there has been no direct or indirect discrimination in relation to pay.deleted

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Radan KANEV, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Article 16 – paragraph 2

2. Member States shall ensure that, in any legal or administrative proceedings concerning direct or indirect discrimination, where an employer failed to comply with any of the rights or obligations related to pay transparency set out in Articles 5 through 9 of this Directive, it shall be for the employer to prove that there has been no such discrimination.deleted

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Radan KANEV, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Article 16 – paragraph 3

~~3. The claimant shall benefit from any doubt that might remain.~~deleted

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Radan KANEV, Pernille WEISS

Proposal for a directive
Article 16 – paragraph 5

~~5. Member States need not apply paragraph 1 to proceedings in which it is for the court or competent body to investigate the facts of the case.~~deleted

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Radan KANEV, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Article 18 – paragraph 2

2. Limitation periods shall not begin to run before the violation of the principle of equal pay between men and women for equal work or for work of equal value or infringement of the rights or obligations under this Directive has ceased and the claimant knows, or can reasonably be expected to know, about the violation or infringement.deleted

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Henna VIRKKUNEN, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Article 18 – paragraph 3

~~3. Member States shall ensure that the limitation periods for bringing claims are set at three years at least.~~deleted

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Article 18 – paragraph 4

4. Member States shall ensure that a limitation period is suspended or, depending on national law, interrupted, as soon as a claimant undertakes action by lodging a claim or bringing the claim to the attention of the employer, workers’ representatives, labour inspectorate or equality body.deleted

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
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.deleted

2021/10/26
Committee: EMPL FEMM

60 Amendments of Jörgen WARBORN related to 2021/0050(COD)

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