17 Amendments of Leila CHAIBI related to 2020/0310(COD)
Amendment 191 #
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 the non-respect of existing rulecompetition and social dumping dogmas. In particular, such non- compliance has been found to affect notably women, young 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 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 244 #
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, seafarers, domestic workers, on-demand workers, intermittent workers, voucher- based -workers, bogus self-employed, platform workers, trainees and apprentices could fall within the scope of this Directive. Genuinely self-employed persons do not fall within the scope of this Directive since they do not fulfil those criteria. The abuse of the status of self- employed persons, as defined in national law, either at national level or in cross- border situations, is a form of falsely declared work that is frequently associated with undeclared work. Bogus self- employment occurs when a person is declared to be self-employed while fulfilling the conditions characteristic of an employment relationship, in order to avoid certain legal or fiscal obligations. Such persons should fall within the scope of this Directive. The determination of the existence of an employment relationship should be guided by the facts relating to the actual performance of the work and not by the parties’ description of the relationship.
Amendment 272 #
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 coverage of at least 90% by 2030, those who do not reach this level of coverage should, in consultation and/or agreement with the social partners, provide for or, where it already exists, strengthen a framework of facilitative procedures and institutional arrangements enabling the conditions for collective bargaining. Such framework should be established by law or by tripartite agreement.
Amendment 282 #
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 minimum wages, while safeguarding jobs and the competitiveness of firms including small and medium- sized enterprises. They include a number of elements to preserve the 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 and effective involvement of the latter is another element of good governance that allows for an informed and inclusive decision-making process.
Amendment 309 #
Proposal for a directive
Recital 21
Recital 21
(21) Minimum wages are considered adequate if they are fair in relation to the wage distribution in the country and if they provide a decent standard of living. The adequacy of statutory minimum wages is determined in view of the national socio- economic conditions, including employment growth, competitiveness as well as and 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 uminimum wage of each Member State should be sedt at international level, such as 60% of the gross median wage and 50% of the gross average wage, can help guide the assessment of minimum wage adequacy in relation to the gross level of wagesno less than 75% of the national gross median wage. A lower threshold, such as the poverty threshold, is not an appropriate benchmark for wage setting.
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 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 578 #
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; Member States shall assess whether their minimum wage is decent based on a basket of essential goods and services, including food, accommodation (including water and electricity), travel, education, culture, health, clothing and communication costs, and based on the characteristics of workers’ families, and shall adapt their minimum wage level accordingly;
Amendment 620 #
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 adequaremain competent to set the rate of the statutory minimum wage. On the basis of national criteria as referred to in paragraph 2, Member States shall establish national objectives for the decency of the statutory minimum wages, in relation to the general level of gross wages, such as those commonly used at international level. order to ensure a dignified standard of living for workers. Minimum wages below a reference value of 75% of the gross median wage shall be considered to be indecent and unfair.
Amendment 630 #
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. The Commission shall resume and complete the European Reference Budgets Network pilot project, which aims to develop a common methodology to construct high-quality comparable reference budgets in all EU Member States, and to establish a network of experts for the design and development of complete reference budgets in all EU Member States, in line with this common methodology.
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 666 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 682 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 735 #
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. The controls and inspections shall be proportionate and non-discriminatory; . It is therefore recommended that there is at least one labour inspector for every 10 000 workers, in accordance with the ILO’s demands1a; __________________ 1a https://ilostat.ilo.org/resources/concepts- and-definitions/description-labour- inspection/