90 Amendments of Özlem DEMIREL related to 2020/0310(COD)
Amendment 97 #
Proposal for a directive
Recital 1
Recital 1
(1) Pursuant to Article 3 of the Treaty on European Union, the aims of the Union are, inter alia, to promote the well-being of its peoples and to work for the sustainable development of Europe based on a highly competitive social market economy.
Amendment 114 #
Proposal for a directive
Recital 3
Recital 3
(3) The European Social Charter establishes that all workers have the right to just conditions of work. It recognises the right of all workers to a fair remuneration sufficient for a decent standard of living for themselves and their families. Article 4 of the Charter recognises the role of freely concluded collective agreements as well as of statutory minimum wage setting mechanisms, to ensure the effective exercise of this right. Article 5 of the European Social Charter recognises the right of workers and employers to organise. Article 6 of the European Social Charter recognises the right to collective bargaining.
Amendment 122 #
Proposal for a directive
Recital 5
Recital 5
Amendment 132 #
Proposal for a directive
Recital 6
Recital 6
(6) Better working and living conditions, including through adequate and fair minimum wages, benefit both workers and businesses in the Union and are a prerequisite for achieving fair, inclusive and sustainable growth. Addressing large differences in the coverage and adequacy of minimum wage protection 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, the creation of quality employment, innovation and productivity improvements ensuring a level playing field, but not on competition on the lowest wages and social protection.
Amendment 148 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7 a) During economic turndowns, such as the COVID-19 crisis, the role of minimum wages in protecting low-wage workers is particularly important and is essential for the purpose of supporting a sustainable and inclusive economic recovery which should lead to more quality employment after the crisis.
Amendment 151 #
Proposal for a directive
Recital 8
Recital 8
(8) Women, young, older, migrants, single-parents and low-skilled workers and persons with disabilities still have a higher probability of being minimum wage or low wage earners than other groups. During economic downturns, such as the Covid-19 crisis, the role of minimum wages in protecting low-wage workers becomes increasingly important and is essential to support a sustainable and inclusive economic recovery. Addressing minimum wage contributes to gender equality, closing the gender pay and pension gap as well as elevating women out of poverty.
Amendment 162 #
Proposal for a directive
Recital 9
Recital 9
(9) The Covid-19 pandemic is having a significant impactMinimum wages are important in view onf the services sector and small firms, which both have atructural trends that are reshaping labour markets and which are increasingly characterised by high shares of minimum wage earners. In addition, minimum wages are also important in view of the structural trends that are reshaping labour markets and which are increasingly characterised by high shares of non-standard and precarious worknon-standard and precarious work. In addition, too often mobile workers are still exploited and paid low wages, included posted workers, seasonal workers and seasonal workers from third countries are used to pay low wages. Through globalisation with worldwide supply- and production-chains without due diligence and liability along the chain have also contributed to lower wages word wide. Strategies such as offshoring, outsourcing, work in platform companies and temporary agency work can have the effect of lowering collective bargaining coverage because parts of the workforce of one company belong after the outsourcing to different companies and often to different sectors and lower collective agreements. These trends have led to an increased job polarisation resulting in an increasing share of low-paid and low- skilled occupations in most Member States, as well as to higher wage inequality in some of them. Workers with temporary contracts have lower protection against unfair dismissal. This makes it more difficult for them to organise and fight for collective agreements. Strategies such as "union-busting" have weakened trade unions and as a consequence have lead to less or worse collective agreements. The low or lowered coverage of employers´ association have weakened collective bargaining too.
Amendment 189 #
Proposal for a directive
Recital 12
Recital 12
(12) Not all workers in the Union are protected by minimum wages. In some Member States some workers, even though they are covered, receive in practice a remuneration below the statutory minimum wage due to deductions, variations and the non-respect of existing rules. In particular, such non-compliance has been found to affect notably women, young and older workers, low-skilled workers, migrant workers, single-parent workers, people with disabilities and agricultural workers. In Member States where minimum wage protection is provided only through collective agreements, the share of workers not covered is estimated to vary from 2% to 55% of all workers.
Amendment 197 #
Proposal for a directive
Recital 13
Recital 13
(13) While strong collective bargaining at sector or cross-industry level contributes to ensuring adequate and decent 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 workand employers´ association membership. In addition, sectoral and cross-industry level collective bargaining came under severe pressure due to political decisions taken in the aftermath of the 2008 financial crisis. With the aim of achieving decent minimum wages, however, sectoral and cross-industry level collective bargaining is essential and this needs to be promoted and strengthened.
Amendment 212 #
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 decent and 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 to ensure that workers in the Union are protected by decent and adequate minimum wages, taking into account the outcomes of the social partners’ consultation.
Amendment 219 #
Proposal for a directive
Recital 15
Recital 15
(15) This Directive establishes minimum requirements at Union level to ensure both that minimum wages are set at decent and 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 227 #
Proposal for a directive
Recital 16
Recital 16
(16) In full respect of Article 153(5) of the Treaty on the Functioning of the European Union, this Directive neither aims to harmonise the level of minimum wages across the Union nor to establish an uniform mechanism for setting minimum wages. It does not interfere with the freedom of Member States to set statutory minimum wages and to promote access to minimum wage protection provided by collective agreements or tor promote access to minimum wage protection provided by collective agreements only , according to the traditions and specificities of each country and in full respect of national competences and the social partners’ contractual freedomautonomy to conclude agreements. This Directive does not impose an obligation on the Member States where minimum wage protection is ensured exclusively via collective agreements to introduce a statutory minimum wage nor to make the collective agreements universally applicable. Also, this Directive does not establish the level of pay, which falls within the contractual freedautonomy of the social partners to conclude agreements at national level and within the relevant competence of Member States.
Amendment 237 #
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, workers both in the private and public sector, workers whose pay is calculated on the basis of output, where allowed by national law, seafarers, domestic workers, on-demand workers, intermittent workers, voucher based- workers, bogus self- employed people, self-employed persons, platform workers, trainees and apprentices could falls within the scope of this Ddirective. Genuinely self-employed persons do not, apprentices should fall within the scope of this Directive since they do not fulfil those criteriaon the basis of national law and practice. 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. Member States should take into account the much weaker situation of bogus self- employed people by reversing the burden of proof and introducing a rebuttable presumption that bogus self-employed persons are considered to be workers. The Member States should take into consideration to apply this also for other vulnerable and disadvantaged groups of workers, whose situation is formally equal but in practice it is often much weaker in relation to an employer and before the court. In case the payment of minimum wages is questioned and in this regard the status as worker is unclear. Member States should take into consideration to implement a group/ collective action that trade unions could lodge a complaint.
Amendment 251 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17 a) Member States should ensure compliance with the maximum working hours laid down in national law or collective agreements in accordance with Directive 2003/88/EC of the European Parliament and of the Council, as well as other occupational health and safety standards and legislation, to ensure good decent and quality working conditions and to safeguard workers’ physical and mental well-being.
Amendment 252 #
Proposal for a directive
Recital 17 b (new)
Recital 17 b (new)
(17 b) Member States should take effective measures against the practise of some employers to raise the output of work and/or increase the work intensity when minimum wages are implemented or increased because the hourly minimum wages are indirectly lowered and the purpose of this directive is undermined.
Amendment 254 #
Proposal for a directive
Recital 18
Recital 18
(18) The interpretation of collective bargaining should be based on Convention 98 on the Right to organise and collective bargaining and Convention 154 on collective bargaining and Recommendation 91 on collective agreements. Well-functioning collective bargaining on wage setting is an important means to ensure that workers are protected by decent and adequate minimum wages. In the Member States with statutory minimum wages, collective bargaining supports general wage developments and therefore contributes to improving the adequacy of minimum wages. In the Member States where minimum wage protection is provided exclusively by collective bargaining, their level as well as the share of protected workers are directly determined by the functioning of the collective bargaining system and collective bargaining coverage. Strong and well- functioning collective bargaining together with a high coverage of sectorial or cross- industry collective agreements strengthen the adequacy and the coverage of minimum wages.
Amendment 271 #
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. 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 lawin accordance by law after consultation with the social partners or by tripartite agreements.
Amendment 280 #
Proposal for a directive
Recital 20
Recital 20
(20) Sound rules, procedures and practice for setting and updating statutory minimum wages are necessary to deliver adequate and decent minimum wages, while safeguarding jobs and the competitiveness ofexisting and creating new jobs, ensuring equal treatment and a level playing field for firms including small and medium-sized enterprises. They include a number of elements to preserve the decency and adequacy of statutory minimum wages, including criteria and indicators to assess adequacy, regular and timely updates, the existence of consultative bodies and the involvement of social partners. A timely, comprehensive and effective involvement of the latter is another element of good governance that allows for an informed and inclusive decision-making process.
Amendment 307 #
Proposal for a directive
Recital 21
Recital 21
(21) Minimum wages are considered to be adequate if they are fair in relation to thand decent if they improve wage distribution in the country and if they provide a decent standard of living for workers and their families on the basis of a full time employment contract. 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. Their adequacy should be assessed at least in relation to their purchasing power. The internationally recognized level of decency 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. The level of decency is not reached yet in many Member States. The Member States should ensure that statutory minimum wages are not paid below those levels.
Amendment 313 #
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21 a) The level of decency has not yet been reached in many Member States. In some Member States the international level of decency is still too low for a decent life, because the cost of living is higher. Because of this the level of decency should be combined with a check of the adequacy of statutory minimum wages on the basis of a "basket of goods and services" to determine a decent standard of living. In many Member States the decent standard of living is determined of a "basket of goods and services" which a person needs. Because the prices are often estimated too low, or not all goods and services are covered the cost of living should be regularly updated and the purchasing power assessed to a realistic level and should anticipate developments in the near future e.g. raising costs for housing. A decent standard of living should be more than mere subsistence, enabling meaningful participation in society and insurance against unforeseen shocks. The basket should cover at least the following categories in consultation with the national social partners: food, clothing, personal care, health, household goods and services, communication tools and telecommunication costs, social inclusion and participation, culture, sport, education, childcare, transport, housing (including energy and municipal tax), insurances (housing, health, depending on circumstances car), income tax to be paid on the resulting wage, savings and unforeseen circumstances.
Amendment 315 #
Proposal for a directive
Recital 21 b (new)
Recital 21 b (new)
(21 b) The pilot project on the European Reference Budgets Network aims to develop a common methodology for the establishment of high quality and comparable reference budgets in all Member States, and to setup a network of experts for the design and development of complete reference budgets in all Member States. Such a common methodology could support the development of comparable standards 1a. __________________ 1a https://ec.europa.eu/social/main.jsp?catId =1092&intPageId=2312&langId=en
Amendment 317 #
Proposal for a directive
Recital 22
Recital 22
Amendment 329 #
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22 a) To promote and ensure the adequacy and decency of minimum wages for all groups of workers, it is necessary to apply the principle of equal treatment and the fight against discrimination. The exclusion of any worker from the protection of a statutory minimum wage cannot be justified. Variations of statutory minimum wages as well as deductions resulting in levels of wages below the statutory minimum wage undermine the principle of equal treatment of workers and the objective of this Directive. Work- related expenses, such as equipment necessary to perform the work, or in-kind allowances, such as accommodation, should therefore not be deducted from statutory minimum wages and should be payed by the employer. Extra payments, such as tips, overtime and end-of-year and holiday payments and bonuses, should not be included in the calculation of statutory minimum wages.
Amendment 332 #
Proposal for a directive
Recital 23
Recital 23
(23) An effective enforcement system, including controls and field inspections, is necessary to ensure the functioning of national statutory minimum wage frameworks. In order to ensure that labour inspections can be carried out effectively, each labour inspector should be assigned to inspect no more than 10 000 workers. To strengthen the effectiveness of enforcement authorities, a close cooperation with the social partners is also needed, including to address critical challenges such as those related to sub- contracting, bogus self-employment or non-recorded overtime. Moreover, workers should have easily access to appropriate information on applicable statutory minimum wages to ensure an adequate degree of transparency and predictability as regards their working conditions. (https://ilostat.ilo.org/resources/concepts-and-definitions/description-labour-inspection/)Or. en
Amendment 339 #
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-The non-recognition of trade unions or the failure to 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 be informed of the implementation of minimum wages protection and be open to negotiate with trade unions, interact and cooperate with them, and 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. Article 9(1) is consistent and has to be read in conjunction with in particular Article 18(2) and Annex 10 of Directive 2014/24/EU as well as the case law of the ECJ which has confirmed the mandatory effect of Article 18(2) __________________ 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 344 #
Proposal for a directive
Recital 24 a (new)
Recital 24 a (new)
(24 a) For the applicants to financial support of the funds and programmes of the European Union, the rules for public procurement and concessions should be applied adequately with regard to the application of collective agreements and minimum wages, where they exist.
Amendment 353 #
Proposal for a directive
Recital 26
Recital 26
(26) Workers should be informed and be in a position to exercise their right of defence when their rights relating to established minimum wage protection are violated. In order to prevent that workers are deprived from their rights, and without prejudice to specific forms of redress and dispute resolution provided for in collective agreements, including systems of collective dispute resolution, Member States should take the necessary measures to ensure that they have access to effective and impartial dispute resolution and a right to redress, including to adequate compensation, as well as effective protection from any form of detriment in case they decide to exercise their right of defence. Member States should assess how impartial dispute resolution can be further improved in agreement with social partners without reducing already existing legal and non-legal measures of dispute solutions or adjust existing systems and measures with regard to this directive.
Amendment 363 #
Proposal for a directive
Recital 28
Recital 28
(28) The reforms and measures adopted by the Member States to promote adequate minimum wage protection of workers, while being steps in the right direction, have not been comprehensive and systematic. Moreover, individual countriMember States may be little inclined to improve the adequacy and coverage of minimum wages because of the perception that this could negatively affect their external cost competitiveness. Since the objectives of this Directive cannot be sufficiently achieved by the Member States, but can rather, by reason of their scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on the European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.
Amendment 382 #
Proposal for a directive
Recital 31
Recital 31
Amendment 398 #
Proposal for a directive
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) setting adequate levels of minimum wages in order to ensure at least a decent standard of living of workers;
Amendment 406 #
Proposal for a directive
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) access ofor all workers to minimum wage protection, in the form of wages set out by collective agreements orand in the form of a statutory minimum wage, where it exists.
Amendment 411 #
Proposal for a directive
Article 1 – paragraph 1 – point b a (new)
Article 1 – paragraph 1 – point b a (new)
(b a) promoting upward social convergence throughout the Union.
Amendment 416 #
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive shall be without prejudice to the choice of the Member States to set statutory minimum wages or, and promote access to minimum wage protection provided by collective agreements or to only promote access to minimum wage protection provided by collective agreements.
Amendment 427 #
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
3. Nothing in this Directive shall be construed as imposing an obligation on the Member States where wage setting is ensured exclusively via collective agreements to introduce a statutory minimum wage nor to make the collective agreements universally applicable.
Amendment 450 #
Proposal for a directive
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘minimum wage’ means the minimum remuneration that an employer is required to pay to workers for the work performed during a given period, calculated on the basis of time or output;
Amendment 462 #
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 between an employer, a group of employers or one or more employers’ organisations, on the one hand, and one or more workers’ organisattrade unions, 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 organisattrade union or trade unions;
Amendment 479 #
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 on remuneration applies;
Amendment 489 #
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. With the aim tof ensuring the exercise of the right to effective collective bargaining, the strengthening and increase of the collective bargaining coverage Member States shall take, in consultoperation with the social partners, at least the following measures:
Amendment 506 #
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 amongbetween social partners;
Amendment 509 #
Proposal for a directive
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(b a) prohibit all acts which undermine the right or prevent workers from joining a trade union, and ensure proper access for all workers to the necessary information about their rights;
Amendment 512 #
Proposal for a directive
Article 4 – paragraph 1 – point b b (new)
Article 4 – paragraph 1 – point b b (new)
(bb) ensure that companies provide trade union representatives with appropriate information and facilities, in order to enable them to carry out their functions promptly and efficiently, taking into account the size and capability of the companies concerned;
Amendment 514 #
Proposal for a directive
Article 4 – paragraph 1 – point b c (new)
Article 4 – paragraph 1 – point b c (new)
(bc) ensure the right of trade unions to access the workplace, including by digital means, and to meet workers individually or collectively, including at the workplace;
Amendment 515 #
Proposal for a directive
Article 4 – paragraph 1 – point b d (new)
Article 4 – paragraph 1 – point b d (new)
(bd) prohibit all acts which undermine the rights of trade unions recognised by international, European and national law and practices, especially of association and collective bargaining;
Amendment 527 #
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 additionshall, in addition to the measures provided for a framework of enablingin paragraph 1, ensure proper conditions forto promote collective bargaining, either by law after consultation ofing the social partners or byin agreement with them, and shall establish an action plan to promote collective bargaining. The action plan shall be. Member States shall, after consulting social partners or in agreement with them, establish an action plan, setting out a clear timeline and concrete measures to ensure respect for the right to collective bargaining and to promote and progressively increase the collective bargaining coverage to at least 70%. The action plan be updated at least every two years, made public and shall be notified to the European Commission.
Amendment 540 #
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. In order to ensure proper conditions for collective bargaining, Member States shall at least ensure that: (a) trade unions have access to workplaces for the purpose of organising, negotiating on behalf of or representing workers; (b) acts aiming to undermine collective bargaining or collective agreements that are signed by the most representative trade unions are prevented and prohibited; (c) there is effective prevention and protection from discrimination of workers and trade union representatives who participate or wish to participate in collective bargaining; (d) effective measures are in place to prevent the non-respect of sectoral collective agreements along the sub- contracting chains;
Amendment 546 #
Proposal for a directive
Article 4 – paragraph 2 b (new)
Article 4 – paragraph 2 b (new)
2b. The action plan referred to in paragraph 2 shall have the effect of increasing the collective bargaining coverage with regard to remuneration to progressively reach 70 %. The Commission shall monitor progress and shall submit information to the European Parliament and to the Council at least annually in that regard. Where necessary, the Member States concerned shall consult social partners with a view to updating the national action plan.
Amendment 547 #
Proposal for a directive
Article 4 – paragraph 2 c (new)
Article 4 – paragraph 2 c (new)
2c. For the action plans Member States can consider provisions such as: - preventing acts of anti-union discrimination such as excessive procedural requirements - providing for or strengthening extension mechanisms for collective agreements concluded at sectorial or cross-industrial level in cooperation with the social partners - measures on pay rate commitment - measures for joint and several liability also in the subcontracting chains
Amendment 552 #
Proposal for a directive
Article 5 – title
Article 5 – title
Adequacy and decency
Amendment 557 #
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 with the aim to achieve decentto ensure adequacy and decency with the aim of improving working and living conditions, social protection, social cohesion and upward convergence. as well as preventing and reducing poverty, in particular in-work poverty. 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 anda clear way.
Amendment 581 #
Proposal for a directive
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) the purchasing power of statutory minimum wages, taking into account the cost of living and the contribution of taxes and social benefits;
Amendment 584 #
Proposal for a directive
Article 5 – paragraph 2 – point a a (new)
Article 5 – paragraph 2 – point a a (new)
(aa) An adequate and decent minimum wage which cannot be below 60% of the gross median wage and 50% of the gross average wage.
Amendment 596 #
Proposal for a directive
Article 5 – paragraph 2 – point d
Article 5 – paragraph 2 – point d
Amendment 621 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall use indicative reference values to guide their assessment ofremain competent to set the rate of statutory minimum wage. On the basis of national criteria as referred to in paragraph 2, Member States shall guarantee the adequacy of the statutory minimum wages in relation to the general level of gross wages, such as those commonly used at international level, to ensure a decent standard of living for workers. Minimum wages below an indicative reference value of 60% of the gross median wage and 50% of the gross average wage shall be considered to be inadequate.
Amendment 631 #
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Member States shall take additional provisions into account in case the criteria referred to in paragraph 2 are not sufficient the cover the cost of living such as a basket of goods and services in real prices.
Amendment 633 #
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 guarantee and preserve their adequacy. The regular and timely updates will be carried out at least on an annual basis.
Amendment 645 #
Proposal for a directive
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. No measures in this Directive shall be construed or interpreted as imposing or promoting directly or with the indirect effect of a decrease the level of statutory minimum wages, or as preventing Member States from increasing the level of minimum wages.
Amendment 653 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Member States shall establish or designate a consultative bodiey which includes the social partners to advise the competent authorities on issues related to statutory minimum wages. That body shall have adequate resources to carry out or commission independent research regarding the impact of changes in the minimum wage on workers and business.
Amendment 660 #
Proposal for a directive
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
5a. Article 5, 6, 7 and 8 shall not apply to collective agreements, including universally applicable collective agreements by law or other binding legal provisions. In Member States with statutory minimum wages and collective agreements it is not allowed to define collective agreements below the statutory minimum wage nor to exclude workers from statutory minimum wage protection.
Amendment 665 #
Proposal for a directive
Article 6 – title
Article 6 – title
Amendment 667 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 679 #
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Member States shall ensure equal treatment of workers in the application of minimum wage protection. Member States shall ensure that statutory minimum wages, where they exist, apply to all workers.
Amendment 682 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 692 #
Proposal for a directive
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. Member States shall ensure that deductions, like work-related expenses, that reduce the remuneration to a level below the one of the statutory wage minimum are not allowed. Work-related expenses shall be paid by the employer. Extra payments, such as tips, overtime and end-of-the-year and holiday payments and bonuses, are not taken into consideration into the calculation of statutory minimum wage.
Amendment 699 #
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 that the social partners are fully involved in a timely and effective manner in statutory minimum wagthe setting and updating of statutory minimum wages, including through participation in the consultative bodiesy referred to in Article 5(54) and notably as concerns:
Amendment 709 #
Proposal for a directive
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) the selection and application of criteria and indicative reference values referred to in Article 5 (1) (2) and (3) for the determination of the level of the statutory minimum wage levels;
Amendment 711 #
Proposal for a directive
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) the updates of statutory minimum wage levels referred to in Article 5 (4);
Amendment 715 #
Proposal for a directive
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
Amendment 722 #
Proposal for a directive
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
Member States shall ensure that at least: - social partners are informed, consulted and involved in a meaningful manner before a final decision is taken or any proposal is presented on any of the elements listed in Paragraph 1, with a view to reach an agreement with them. - trade unions and employers’ associations are able to provide opinions and to receive timely reasoned replies from the competent authority to any opinion submitted before a final decision is taken or any proposal is presented.
Amendment 725 #
Proposal for a directive
Article 7 – paragraph 1 b (new)
Article 7 – paragraph 1 b (new)
If social partners reach an agreement on any of the elements referred to in paragraph 1, including in the framework of the consultative bodies referred to in Article 5(5), Member Stats shall accept the agreement and introduce the changes necessary to the level of criteria for or updates of statutory minimum wages.
Amendment 726 #
Proposal for a directive
Article 7 – paragraph 1 c (new)
Article 7 – paragraph 1 c (new)
1c (new) Member States shall make available to social partners all the statistical data and information necessary to evaluate any proposed measures in the areas listed in paragraph 1, as well as their compliance with the requirements established in the Directive. Member States shall ensure that social partners have the right to have access to expertise in the framework of their involvement in statutory minimum wage matters.
Amendment 734 #
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
Member States shall, in cooperation with social partners, takeshall take at least the following measures to enhance the access of workers to statutory minimum wage protection as appropriatesure compliance with statutory minimum wages:
Amendment 738 #
Proposal for a directive
Article 8 – paragraph 1 – point 1
Article 8 – paragraph 1 – point 1
(1) strengthen the controls and field inspections conducted regularly by labour inspectorates or the bodies responsible for the enforcement of statutory minimum wages. The controls and inspections shall be effective, dissuasive, proportionate and non-discriminatory. Member States ensure adequate resources for labour inspectorates;
Amendment 749 #
Proposal for a directive
Article 8 – paragraph 1 – point 3
Article 8 – paragraph 1 – point 3
(3) ensure that information on statutory minimum wages is made publicly available in a clear, comprehensive and easily accessible way. Ensure guidance for workers in case their employer is paying statutory minimum wages not fulfilling the legal requirements for it.
Amendment 760 #
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 byrecognise trade unions, recognise the right of workers to organise, participate in collective bargain, and comply with the remuneration and other working conditions established by law or collective agreements for the relevant sector and geographical area and with the statutory minimum wages where they exist as well as international, Union or national law.
Amendment 775 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall task their competent authorities with developing, in cooperation with social partners, with the development of effective data collection tools to monitor the coverage and adequacy of minimum wages.
Amendment 787 #
Proposal for a directive
Article 10 – paragraph 2 – point a – point ii
Article 10 – paragraph 2 – point a – point ii
Amendment 793 #
Proposal for a directive
Article 10 – paragraph 2 – point a – point iii
Article 10 – paragraph 2 – point a – point iii
Amendment 807 #
Proposal for a directive
Article 10 – paragraph 2 – point b – point ii
Article 10 – paragraph 2 – point b – point ii
(ii) the rate of collective bargaining coverage regarding remuneration;
Amendment 812 #
Proposal for a directive
Article 10 – paragraph 2 – point b a (new)
Article 10 – paragraph 2 – point b a (new)
(b a) for national action plans: (i) the progress and the effectiveness of measures and initiatives taken to increase the rate of collective bargaining coverage; (ii) the impact of public procurement and concession policy on increasing the rate of collective bargaining;
Amendment 827 #
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 838 #
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
4. The Commission shall assess the data transmitted by the Member States in the reports referred to in paragraph 2, and shall reporsubmit an annually report to the European Parliament and to the Council. The European Parliament and the Council may submit observations on that report.
Amendment 844 #
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
5. OIn the basis oforder to discuss theis report issueds by the Commission, the Employment Committee set up in accordance with Article 150 TFEU shall carry out every year an examination of the promotion of collective bargaining on wage setting and of thereferred to in Article 150 TFEU shall establish a specific subgroup composed of: (a) one member representing the government from each Member State; (b) one member representing the employers´ associations from each Member State; (c) one member representing the trade unions from each Member State; (d) two members representing the Commission; (e) one independent expert, appointed by the European Parliament; (f) two members representing the trade unions at European level; (g) two members representing employers´ associations at European level; The subgroup shall carry out an annual examination of the Commission reports to assess the promotion of collective bargaining on wage setting, the extend and quality of the respect for the right to collective bargaining and the rate of increase in collective bargaining coverage and the fairness and adequacy of statutory minimum wages in the Member States., in accordance with this Directive:
Amendment 860 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall ensure that, without prejudice to specific forms of redress and dispute resolution provided for, where applicable, in collective agreements, where applicable, workers, including those whose employment relationship has ended, including those that are trade union representatives have access to effective, timely and impartial dispute resolution and a right to redress, including adequate compensation, in the case of infringements of their rights, including the right to organise, take collective action and bargain collectively, as well as the right relating to statutory minimum wages or minimum wage protection provided by collective agreements.
Amendment 874 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Member States shall take the measures necessary to protect workers, including those who are workers’ representatives or trade union representatives, from any adverse treatment by the employer or third parties 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 applicable law and enabling the exercise of their rights, including the right to organise, take collective action and bargain collectively, as well as their rights relating to statutory minimum wages or minimum wage protection provided by collective agreements.
Amendment 884 #
Proposal for a directive
Article 11 a (new)
Article 11 a (new)
Amendment 893 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall ensure the comprehensive and timely consultation of social partners with regard to national measure to implement this Directive and may entrust the social partners with the implementation of this Directive, where the social partners jointly request to do so. In so doing, the Member States shall take all necessary steps to ensure that the results sought by this Directive are guaranteed at all times.
Amendment 901 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
The Commission shall conduct an evaluation of the Directive by [fivthree years after the date of transposition]. The Commission shall submit thereafter a report to the European Parliament and the Council reviewing the implementation of the Directive and propose, where appropriate, legislative amendments.
Amendment 904 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. This Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within Member States such as the lowering of wage levels or the abolition of existing statutory minimum wages.
Amendment 912 #
Proposal for a directive
Article 16 – paragraph 3 a (new)
Article 16 – paragraph 3 a (new)
3a. Nothing in this Directive shall be interpreted as restricting or adversely affecting workers´ and trade union rights as recognised by Union law or international law and by international agreements to which the Union or the Member States are party, including the European Social Charter signed at Turin on 18 October 1961 and the relevant Conventions and Recommendations of the International Labour Organisation.
Amendment 915 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Member States shall communicate to the Commission the text of the main measures of national law which they adopt in the field covered by this Directive and how social partners have been involved in the transposition.