95 Amendments of Mounir SATOURI related to 2020/0310(COD)
Amendment 93 #
Proposal for a directive
Citation 4 a (new)
Citation 4 a (new)
Having regard to Article 4 of the European Social Charter,
Amendment 95 #
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 equality and social justice, the well-being of its peoples and to work for the sustainable development of Europe based on solidarity and a highly competitive social market economy. aiming at full employment and social progress, and high level of protection and improvement of the quality of the environment. Pursuant to Article 9, the Union shall take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion.
Amendment 102 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1 a) Article 7 of the International Covenant on Economic, Social and Cultural Rights recognises the right of everyone to fair wages and equal remuneration for work of equal value, and a decent living for themselves and their families.
Amendment 105 #
Proposal for a directive
Recital 1 b (new)
Recital 1 b (new)
(1 b) Article 151 of the Treaty on the Functioning of the European Union provides for the Union and the Member States to have as their objectives, inter alia, improved living and working conditions, so as to make possible the harmonisation of such conditions while the improvement is being maintained, proper social protection and dialogue between management and labour, in line with the European Social Charter.
Amendment 109 #
Proposal for a directive
Recital 2
Recital 2
(2) Article 321 of the Charter of Fundamental Rights of the European Union36 provides for the right to non- discrimination on the basis of sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation. Article 23 provides for the right to equality between women and men in all areas, including employment, work and pay. Article 27 provides worker’s right to information and consultation. Article 28 provides for the right of workers and employers, or their respective organisations, to negotiate and conclude collective agreements at the appropriate levels. Article 31 provides for the right of every worker to working conditions which respect his or her health, safety and dignity. __________________ 36Charter of Fundamental Rights of the European Union, 2012/C 326/02 OJEU C326/391 of 26.10.2012.
Amendment 112 #
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, including young people and domestic workers and carers, 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 and the right to a remuneration that provides them and their families a decent standard of living. It recognises the right of men and women workers to equal pay for work of equal value and the right to a remuneration which gives the worker and their families a decent standard of living. Article 7 recognises the right of young workers to a fair wage.
Amendment 118 #
Proposal for a directive
Recital 4
Recital 4
(4) Chapter II of the European Pillar of Social Rights, proclaimed at Gothenburg on 17 November 2017, establishes a set of principles to serve as a guide towards ensuring fair working conditions. Principles No 2 and 3 provide for equality of treatment and opportunities regarding participation in the labour market, terms and conditions of employment and career progression between man and women and regardless of racial or ethnic origin, religion or belief, disability, age or sexual orientation. Principle No 6 of the European Pillar of Social Rights reaffirms the workers’ right to fair wages that provide for a decent standard of living. It also provides that adequate minimum wages shall be ensured, in a way that provides for the satisfaction of the needs of the worker and his/her family in the light of national economic and social conditions, whilst safeguarding access to employment and incentives to seek work. Furthermore, it recalls that in-work poverty shall be prevented and that all wages shall be set in a transparent and predictable way and respecting the autonomy of the social partners. Principle No 8 ensures the consultation of the social partners on the design and implementation of economic, employment and social policies.
Amendment 125 #
Proposal for a directive
Recital 5
Recital 5
(5) Guideline 5 of Council Decision 2020/ 1512/EU on guidelines for the employment policies of the Member States37 calls on Member States to ensure an effective involvement of social partners in wage-setting, providing for fair wages that enable a decent standard of living and allowing for an adequate responsiveness of wages to productivity developmentwhile paying particular attention to lower and middle income groups, with a view to upward convergence. The Guideline also calls on Member States to promote social dialogue and collective bargaining on wage setting. It also calls on Member States and the social partners to ensure that all workers have adequate and fair wages by benefitting from collective agreements or adequate statutory minimum wages, and takingshould take into account their impact on competitivenesssustainable economic development, job creation and in-work poverty. The Annual Sustainable Growth Strategy 202138 states that Member States should adopt measures to ensure fair working conditions. In addition, the Annual Sustainable Growth Strategy 202039 recalled that in the context of growing social divides, it is important to ensure that each worker earns an adequate wage. Several Country Specific Recommendations have also been issued to some Member States in the field of minimum wages. However, individual countries may be little inclined to with the aim of improveing their adequacy of minimum wage settings because of the perception that this could negatively affect their externals to achieve real wage growth and avoid the downward spiral of unhealthy labour cost competitivenesson. __________________ 37Council Decision 2020/1512/EU of 13 October 2020 on guidelines for the employment policies of the Member States (OJ L 344, 19.10.2020, p. 22–28). 38 Commission Communication COM(2020) 575 final. 39 Commission Communication COM(2019) 650 final.
Amendment 131 #
Proposal for a directive
Recital 6
Recital 6
(6) Better working and living conditions, including through adequate minimum wages and transparency, benefit both workers and businesses, the society and the economy in the Union and are a prerequisite for achieving social justice, equality and guaranteeing the well-being of the public as well as inclusive and sustainable growth. Addressing large differences in the coverage and adequacy of minimum wage protection contributes to a level playing field, to improving the fairness of the EU labour market and to promoteing economic, social progress and upward convergence. Competition in the Single Market should be based on high social standards environmental rights in combination with a high level of workers protection, innovation and sustainable productivity improvements ensuring a level playing field.
Amendment 140 #
Proposal for a directive
Recital 7
Recital 7
(7) When set at adequate levels and taking into account the needs of workers and their families, minimum wages protect the income of all workers, notably disadvantaged workers, and help ensure a decent living, and limit the fall in income during bad times to all, as recognised in Convention 131 of the International Labour Organisation on the establishment of a system of minimum wage fixing. Minimum wages contribute to sustaining domestic demand, strengthen incentives to workthat provide for a decent standard of living contribute to guaranteeing decent work, offering protection to all workers, sustaining purchasing power, reduceing wage inequalities and in- work povertythe gender pay gap, combating in-work poverty and ensuring social justice.
Amendment 152 #
Proposal for a directive
Recital 8
Recital 8
(8) Women, young and low-skilled workers, migrants and persons with disabilitiesfrom divers racial or ethnical backgrounds, persons with disabilities or who suffer from multiple forms of discrimination, have a higher probability of being minimum wage or, low wage earners than other groups or of being excluded from any form of wage protection. During economic downturns, such as the Covid-19 crisis, the role of minimum wages in protecting low-wage workers becomes increasingly important and isshows the essential toneed of supporting a sustainable and inclusive economic recovery. Addressing minimum wage underlined with strong social protection systems. Raising minimum wages has a potential to contributes to gender equality, closingto fight against the undervaluation of work performed by women and the unjustified low pay in feminised sectors, to reduce the gender pay and pension gap as well as elevating women out of poverty.
Amendment 164 #
Proposal for a directive
Recital 9
Recital 9
(9) TCrisis situations, such as the Covid-19 pandemic is, having a significant impact on the services sector and small firms, which both have a high share of minimum wage earners. In addition, minimume always particularly hit hard sectors with minimum wage or low wage earners, such as the cultural sector and services. In addition, low and inadequate 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 work such as platform workers. These trends have led to an increased job polarisation resulting in an increasing share of low-paid and low- skilled occupations and sectors in most Member States, as well as to higher wage inequality in some of them.
Amendment 175 #
Proposal for a directive
Recital 10
Recital 10
(10) While minimum wage protection exists for most workers in all Member States, in some, that protection stems from legislative provisions (“statutory minimum wages”) and from collective agreements while in others it is provided exclusively, through collective agreements. .
Amendment 181 #
Proposal for a directive
Recital 11
Recital 11
(11) Minimum wage protection set out by comprehensive collective agreements in low-paid occupations is adequateproviding decent standards of living in most cases; however, statutory minimum wages are low compared to other wages in the economy in several Member States. In 2018, the statutory minimum wage did not provide sufficient income for a single minimum- wage earner to reach the at-risk-of-poverty threshold in nine Member States, which is not in line with the aims of the Union as outlined in article 9 of the Treaty of the Functioning of the European Union. In addition, the use of reduced minimum wage rates (variations) and deductions from statutory minimum wages negatively affect their adequacy.
Amendment 187 #
Proposal for a directive
Recital 12
Recital 12
(12) Not all workers in the Union are protected by minimum wages. In someeveral Member States some workers, even though they are covered, receive in practice a remuneration below the statutory minimum wage due to the non-respect of existing rules or they do not qualify to access minimum wage, such as workers in sheltered workshops. In particular, such non-compliance has been found to affect notably women, young workers, people with disabilities and agricultural workers, people facing direct, indirect or intersectional discrimination, platform workers and agricultural, seasonal, short-term workers, and bogus self-employed. 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 201 #
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 todue to labour market deregulation following the financial crisis, structural shifts in the economy towards less unionised sectors and to the decline in trade union membership related to the increase of atypical and newnon-standards and precarious forms of work.
Amendment 228 #
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 however aim to set thresholds for minimum wages to raise living conditions and avoid poverty in the Union. It does not interfere with the freedom of Member States to set statutory minimum wages orand promote access to minimum wage protection provided by collective agreements, according to the traditions and specificities of each country and in full respect of national competences and social partners’ contractual freedom. 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 freedom of the social partners at national level and within the relevant competence of Member States.
Amendment 241 #
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, workers in the care sector, 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 criteriaworkers in sheltered employment trainees and apprentices should fall within the scope of this Directive. 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 258 #
Proposal for a directive
Recital 18
Recital 18
(18) Well-functioning collective bargaining on wage setting is an important means to ensure that workers are protected by adequate minimum wages that provide for a decent standard of living. 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 269 #
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 and comprehensive 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%. WhileNevertheless, all Member States should be encouraged to promotall promote comprehensive collective bargaining, and especially 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 a framework should be established by law or by tripartite agreement.according to national practices, by the social partners or by law or by tripartite agreement in consultation with the social partners.
Amendment 304 #
Proposal for a directive
Recital 21
Recital 21
(21) Minimum wages are considered adequate if they are fair in relation to thimprove 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 u, the at-risk-of-poverty rate before social transfer, the gender pay gap, and regional disparities. The adequacy of a minimum wage recognised at international level, isuch ast 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 wagd a basket of goods which shall include, but not be limited to, costs of adequate housing, healthy food, clothing, transport, health care and medical supplies as well as resources necessary to participate in cultural, educational and social activities and insurance against unforeseen circumstances.;
Amendment 325 #
Proposal for a directive
Recital 22
Recital 22
(22) To promote adequacy of minimum wages for all groups of workersthat provide for a decent standard of living for all groups of workers including youth, persons with disabilities, migrant workers or with a racial or ethnic background, and women, variations and deductions from statutory minimum wages should be limited to a minimumbanned, while ensuring that social partners are duly consulted in their definition. SomeNo deductions to statutory minimum wages may be justified by a legitimate aim, including overstated amounts paid or deductions ordered by a judicial authority. Others, such as d. Deductions related to the equipment necessary to perform a job or deductions of allowances in kind, such as accommodation, may beare particularly unjustified orand disproportionate.
Amendment 330 #
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22 a) Given the over-representation of women in low-paying jobs, the establishment of minimum wages can make significant contributions towards lower the existing gender pay gaps provided that they are stablished at levels that promote equal opportunities for women to enter and stay in the labour market and that there are no discrimination among workers or exclusions that could perpetuate gender pay differences and the undervaluation of women’s work, embedded in traditional differentials between sectors and occupations.
Amendment 335 #
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. To strengthen the effectiveness of enforcement authorities, Member States shall carry out a minimum amount of controls per worker annually as well as enter into 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.
Amendment 342 #
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 ofThe refusal to recognise trade unions, the right of workers to freely organise and participate in collective bargaining and the failure to comply with the working conditions set in 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 351 #
Proposal for a directive
Recital 25
Recital 25
(25) Reliable monitoring and data collection are key to ensure the effective protection of minimum wages. The Commission should report every year to the European Parliament and to the Council its assessment of developments in the adequacy and coverage of non- discriminatory minimum wages on the basis of annual data and information to be provided by Member States. In addition, progress should be monitored in the framework of the process of economic and employment policy coordination at Union level. In that context, the Employment Committee should examine every year the situation in the Member States on the basis of the reports produced by the Commission and other multilateral surveillance tools such as benchmarking.
Amendment 354 #
Proposal for a directive
Recital 26
Recital 26
(26) Workers should 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, affordable, timely efficient and impartial dispute resolution guaranteeing anti- discrimination principles 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.
Amendment 364 #
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 workerin setting minimum wages, while being steps in the right direction, have not been comprehensive and systematic. Moreover and have failed to address the gender gap, in-work poverty and social exclusion, and have not guaranteed social protection. Regrettably, individual countries 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 369 #
Proposal for a directive
Recital 29
Recital 29
(29) This Directive lays down minimum requirements, thus leaving untouched Member States' prerogative to introduce and maintain more favourable provisions. Rights acquired under the existing national legal framework should continue to apply, unless more favourable provisions are introduced by this Directive. The implementation of this Directive cannot be used to reduce existing rights for workers such as current minimum wages, the right to strike, the right to assemble, social protection, or leave entitlements, nor can it constitute valid grounds for reducing the general level of protection afforded to workers in the field covered by this Directive.
Amendment 379 #
Proposal for a directive
Recital 30
Recital 30
(30) In implementing this Directive Member States should avoid imposing unjustified 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 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 technical measures to support these enterprises to adjust their remuneration structures to the new requirements.
Amendment 395 #
Proposal for a directive
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) setting adequate levels of minimum wages that provide for a decent standard of living and contribute to reducing wage inequality and the gender pay gap;
Amendment 407 #
Proposal for a directive
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) access of all workers to minimum wage protection without discrimination, in the form of wages set out by collective agreements or in the form of a statutory minimum wage where it exists.
Amendment 412 #
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 418 #
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. The fundamental purpose of this Directive shall be to ensure that Member States establish minimum permissible levels of wages under which they shall not fall. Nothing in this Directive shall be construed as a limitation for the provision of higher levels of wages.
Amendment 419 #
Proposal for a directive
Article 1 – paragraph 2 b (new)
Article 1 – paragraph 2 b (new)
2b. All Member States shall ensure the respect for the principle of equal pay for work of equal value.
Amendment 434 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
This Directive applies to all workers without distinction 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. The determination of the existence of an employment relationship shall be guided by the ILO Employment Relationship Recommendation, 2000 (No. 198).
Amendment 449 #
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 worker is entitled to for the work performed during a given period, calculated on the basis of time or output;
Amendment 464 #
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 unions;
Amendment 468 #
Proposal for a directive
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘collective agreement’ means all agreements in writingaccordance with the national and regional practice of the social partners regarding working conditions and terms of employment concluded by the social partners as an outcome of collective bargaining;
Amendment 480 #
Proposal for a directive
Article 3 – paragraph 1 – point 5 a (new)
Article 3 – paragraph 1 – point 5 a (new)
(5 a) "decent standard of living" means minimum wages that are adequate to provide for the needs of workers and their families and support the transition to a sustainable, climate-neutral, and resource-efficient economy and consumption pattern, such needs include but are not limited to, costs of adequate housing, healthy food, clothing, transport, health care and medical supplies as well as resources necessary to participate in cultural, educational and social activities and insurance against unforeseen circumstances;
Amendment 481 #
Proposal for a directive
Article 3 – paragraph 1 – point 5 b (new)
Article 3 – paragraph 1 – point 5 b (new)
(5 b) ‘Worker’ means a natural person who provides work or services in a predominantly personal capacity and is not genuinely operating a business undertaking on his or her own account.
Amendment 500 #
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) promotensure 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 and at national, regional or local level;
Amendment 507 #
Proposal for a directive
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(b a) provide for an enabling environment for collective bargaining, including by guaranteeing the right of workers to organise without interference by employers, the effective protection against discriminatory acts and effective access to information and facilities within workplaces.
Amendment 511 #
Proposal for a directive
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(ba) ensure observance of sectoral collective agreements that apply throughout the subcontracting chains.
Amendment 516 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. With a view to ensure transparency and effective implementation, collective agreements shall be made available to those employers and workers, they are applicable to.
Amendment 528 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States where collective bargaining coverage is less than 790% 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 agreement between the social partners or by law after consultation of the social partners or by agreement with them, and shall establish an effective action plan to promotehat guarantees collective bargaining. The action plan shall be made public and shall be notified to the European Commission coverage for all workers without distinction. The action plan shall be made public on an annual basis and shall be subject to regular review in order to ensure continuous progress. The European Commission and Parliament shall be duly notified.
Amendment 555 #
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 contribute to combating poverty, promoting social cohesion, and reducing wage and gender inequality and are guided by criteria set to promote adequacy with the aim to achieve decent working and living conditions in all regions and urban areas for workers and their families, social cohesion and upward convergence. Member States shall define those criteria in accordance with their national and regional 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 579 #
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, which shall include, but not be limited to, costs of adequate housing, healthy food, clothing, transport, health care and medical supplies as well as resources necessary to participate in cultural, educational and social activities and insurance against unforeseen circumstances; and the contribution of taxes and social benefits with the objective of systematically adjusting to inflation;
Amendment 587 #
Proposal for a directive
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
(b) the general level of gross wages and their distribution with the objective of reducing social and gender inequalities;
Amendment 592 #
Proposal for a directive
Article 5 – paragraph 2 – point c
Article 5 – paragraph 2 – point c
(c) the growth rate of gross wages with the objective of reducing wage inequalities;
Amendment 595 #
Proposal for a directive
Article 5 – paragraph 2 – point d
Article 5 – paragraph 2 – point d
Amendment 605 #
Proposal for a directive
Article 5 – paragraph 2 – point d a (new)
Article 5 – paragraph 2 – point d a (new)
(da) (new) the at-risk-of-poverty rate before social transfers with the objective of decreasing the at-risk-of-poverty rate of the population;
Amendment 609 #
Proposal for a directive
Article 5 – paragraph 2 – point d b (new)
Article 5 – paragraph 2 – point d b (new)
(db) (new) in-work-poverty-rate, with the objective of eradicating in-work poverty;
Amendment 612 #
Proposal for a directive
Article 5 – paragraph 2 – point d c (new)
Article 5 – paragraph 2 – point d c (new)
(dc) (new) the gender pay gap, with the objective of eradicating it;
Amendment 613 #
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Statutory minimum wages shall under no circumstances fall below 60 per cent of the gross median wage and 50 per cent of the gross average wage.
Amendment 624 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall use indicative reference values to guide their assessment of adequacy of statutory minimum wages in relation to the general level of gross wages, such as those commonly used at international level. in line with Article 4(1) of the European Social Charter
Amendment 644 #
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 timelyannual updates of statutory minimum wages in order to preserve their adequacy.
Amendment 664 #
Proposal for a directive
Article 6 – title
Article 6 – title
Amendment 671 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States mayshall not allow different rates of statutory minimum wages for specific groups of workers. Member States shall keep these variations to a minimum, and ensure that any variation is non- discriminatory, proportionate, limited in time if relevant, and objectively and reasonably justified by a legitimate aim and shall enforce minimum wages in a non- discriminatory manner.
Amendment 688 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States mayshall not allow deductions by law that reduce the remuneration paid to workers to a level below that of the statutory minimum wage. Member States shall ensure that these deductions from statutory minimum wages are necessary, objectively justified and proportionate.
Amendment 695 #
Proposal for a directive
Article 7 – title
Article 7 – title
Amendment 702 #
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 involved in a timelyregular 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 712 #
Proposal for a directive
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
Amendment 719 #
Proposal for a directive
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) the collection of data, disaggregated by gender, and the carrying out of studies for the information of statutory minimum wage setting authorities;
Amendment 723 #
Proposal for a directive
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
Member States shall ensure that social partners have full and timely access to the information available and necessary, as well as relevant external expertise, in order to effectively participate in the setting and updating of statutory minimum wages. The competent authority shall take its decisions in a transparent manner following meaningful consultations with social partners aimed at coming to an agreement, including by providing reasoned replies to proposals made.
Amendment 728 #
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
Member States with statutory minimum wages shall, in cooperation with social partners, take the following measures to enhance the access of all workers to statutory minimum wage protection as appropriate:
Amendment 736 #
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. Labour inspectorates shall have the necessary human and financial resources at their disposal in order to be able to function effectively. The controls and inspections shall be proportionate and non-discriminatory;
Amendment 742 #
Proposal for a directive
Article 8 – paragraph 1 – point 2
Article 8 – paragraph 1 – point 2
(2) develop guidance for enforcement authorities to proactively target and pursue non-compliant businesses, particularly by conducting routine and unannounced visits that result in the initiation of legal proceedings and the imposition of dissuasive sanctions where infractions are detected;
Amendment 747 #
Proposal for a directive
Article 8 – paragraph 1 – point 3
Article 8 – paragraph 1 – point 3
(3) ensure that information on statutory minimum wages, including relevant redress mechanisms in line article 11, is made publicly available in a clear, comprehensive and easily accessible way, in different languages, including minority languages and in accessible formats for persons with disabilities.
Amendment 759 #
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, and in particular their contracting authorities, shall take appropriate measures to ensure that in the performance of public procurement or concession contracts economic operators comply with the wagerecognise trade unions, recognise the right of workers to organise, participate in collective bargaining, and comply with the wages and working conditions set out by collective agreements for the relevant sector and geographical area and with the statutory minimum wages where they exist, as well as the social law at national, European and international level.
Amendment 766 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
Compliance with applicable requirements under this Directive shall be mandatory awarding and contract performance conditions for all public procurement and concession contracts subject to Directive 2014/24/EU, Directive 2014/25/EU, and Directive 2014/23/EU. Contracting authorities shall not award a tender where it has been established that it does not comply with applicable requirements under this Directive.
Amendment 777 #
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, in collaboration with the social partners.
Amendment 786 #
Proposal for a directive
Article 10 – paragraph 2 – point a – point ii
Article 10 – paragraph 2 – point a – point ii
Amendment 792 #
Proposal for a directive
Article 10 – paragraph 2 – point a – point iii
Article 10 – paragraph 2 – point a – point iii
Amendment 806 #
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 and progress made to increase coverage, particularly for vulnerable workers;
Amendment 816 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 1
Article 10 – paragraph 2 – subparagraph 1
Member States shall provide the statistics and information referred to in this paragraph disaggregated by gender, age, disability, company size and sectorracial and ethnic background, company size and sector. Member states shall conduct a gender impact analysis with respect to coverage and adequacy on this basis.
Amendment 832 #
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Member States shall ensure that information regarding minimum wage protection, including collective agreements and wage provisions therein where they are universally applicable, is transparent and publicly accessible.
Amendment 848 #
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
5. On the basis of the report issued by the Commission, the Employment Committee set up in accordance with Article 150 TFEU shall set up a dedicated sub-committee to carry out every year an examination of the promotion of collective bargaining on wage setting and of the adequacy of minimum wages in the Member States. The sub-committee shall be composed of:
Amendment 851 #
Proposal for a directive
Article 10 – paragraph 5 – point a (new)
Article 10 – paragraph 5 – point a (new)
(a) one member, representing the government, from each Member State;
Amendment 852 #
Proposal for a directive
Article 10 – paragraph 5 – point b (new)
Article 10 – paragraph 5 – point b (new)
(b) one member, representing the employers' organisations, from each Member State;
Amendment 853 #
Proposal for a directive
Article 10 – paragraph 5 – point c (new)
Article 10 – paragraph 5 – point c (new)
(c) one member, representing the trade unions, from each Member State;
Amendment 854 #
Proposal for a directive
Article 10 – paragraph 5 – point d (new)
Article 10 – paragraph 5 – point d (new)
(d) two members representing the Commission;
Amendment 855 #
Proposal for a directive
Article 10 – paragraph 5 – point e (new)
Article 10 – paragraph 5 – point e (new)
(e) one independent expert appointed by the European Parliament;
Amendment 856 #
Proposal for a directive
Article 10 – paragraph 5 – point f (new)
Article 10 – paragraph 5 – point f (new)
(f) two members representing trade unions at European level;
Amendment 857 #
Proposal for a directive
Article 10 – paragraph 5 – point g (new)
Article 10 – paragraph 5 – point g (new)
(g) two members representing employers’ organisations at European level.
Amendment 866 #
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, workers, including those whose employment relationship has ended, have access to affordable, timely and efficient, 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 869 #
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. The compensation referred to in paragraph 1 shall ensure real and effective compensation for the loss and damage sustained, in a way which is dissuasive and proportionate to the damage suffered.
Amendment 870 #
Proposal for a directive
Article 11 – paragraph 1 b (new)
Article 11 – paragraph 1 b (new)
Amendment 871 #
Proposal for a directive
Article 11 – paragraph 1 c (new)
Article 11 – paragraph 1 c (new)
1c. The compensation may not be restricted by the fixing of a prior upper limit.
Amendment 872 #
Proposal for a directive
Article 11 – paragraph 1 d (new)
Article 11 – paragraph 1 d (new)
1d. Cost-free proceedings and legal aid shall be made available to those who lack sufficient resources in so far as such aid is necessary to ensure effective access to justice.
Amendment 881 #
Proposal for a directive
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. Member States shall ensure that, after possible recourse to conciliation, judicial procedures for the enforcement of rights and obligations are available to all workers who consider themselves wronged by a failure to apply these provisions. Such procedures shall be easily accessible to workers and to those who act on their behalf, even after the labour relationship in which the breach is alleged to have occurred has ended.
Amendment 883 #
Proposal for a directive
Article 11 – paragraph 2 b (new)
Article 11 – paragraph 2 b (new)
2b. Member States shall introduce a system of joint and several liability to ensure that the entire subcontracting chain is jointly held liable where the applicable requirements under this Directive are infringed.
Amendment 898 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
Member States shall ensure that the national measures transposing this Directive, together with the relevant provisions already in force relating to the subject matter as set out in Article 1, are brought to the attention of workers and employers, including SMEs, as well as the general public.
Amendment 906 #
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, particularly with regard to income support mechanisms.
Amendment 909 #
Proposal for a directive
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2a. 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.