12 Amendments of Kira Marie PETER-HANSEN related to 2021/0050(COD)
Amendment 257 #
Proposal for a directive
Recital 16
Recital 16
(16) The identification of a valid comparator is an important parameter in determining whether work may be considered of equal value. It enables the worker to show that they were treated less favourably than the comparator of a different sexgender performing equal work or work of equal value. In situations where no real-life comparator exists, the use of a hypothetical comparator should be allowpermitted, allowing a worker to show that they have not been treated in the same way as a hypothetical comparator of another sexgender would have been treated. This would lifts an important obstacle for potential victims of gender pay discrimination, especially in highly gender-segregated employment markets where a requirement of finding a comparator of the opposite sexa different gender makes it almost impossible to bring an equal pay claim. This is for instance the case in the female-dominated care sector, in which for women it is very difficult to claim gender discrimination if the comparison is required to come from the same sector. A hypothetical comparator would facilitate the objective and gender-neutral evaluation of certain jobs and encourage employers and the social partners to identify undervalued sectors and jobs. In addition, workers should not be prevented from using other facts from which an alleged discrimination can be presumed, such as statistics or other available information. This would allow gender- based pay inequalities to be more effectively addressed in gender-segregated sectors and professions. In this regard, the following methods to compare with a hypothetical comparator or group of comparators could be established: if a worker or group of workers within an employer’s establishment cannot be compared to a comparator or group of comparators of another gender using the job-to-job method of comparison, the proportional value method of comparison may be used. If a comparison using the job-to-job or proportional method is not possible due to the lack of comparator, comparison may be done with a comparator or group of comparators of another gender in an enterprise with similar characteristics.
Amendment 326 #
Proposal for a directive
Recital 25
Recital 25
(25) Employers with at least 250 workAll employers should regularly report on pay, in a suitable and transparent manner, such as including the information in their management report. Companies subject to the requirements of Directive 2013/34/EU of the European Parliament and of the Council52 may also choose to report on pay alongside other worker-related matters in their management reportalongside other worker-related matters in their management report, where an employer is required to draw up such a report pursuant to Directive 2013/34/EU of the European Parliament and of the Council52. _________________ 52 Directive 2013/34/EU, as amended by Directive 2014/95/EU of the European Parliament and of the Council of 22 October 2014 as regards disclosure of non- financial and diversity information by certain large undertakings and groups (OJ L 330, 15.11.2014, p. 1).
Amendment 353 #
Proposal for a directive
Recital 29
Recital 29
(29) Joint pay assessments should trigger the review and revision of pay structures in all organisations with at least 250 workers that show pay inequalities. The joint pay assessment should be carried out by employers in cooperation with workers’ representatives; if workers’ representatives are absent, they should beshould be designated or democratically elected by the workers of the undertaking or organisation, trade unions or their members, in accordance with provisions of national laws or regulations or of collective agreements designated for this purpose. Joint pay assessments should lead to the elimination of gender discrimination in pay.
Amendment 368 #
Proposal for a directive
Recital 29 a (new)
Recital 29 a (new)
(29a) Where unjustified pay differences have been found on the basis of objective, gender-neutral criteria, employers and workers’ representatives should prepare a Gender Action Plan which provides for concrete measures and aims to close the gender pay gap within the employer. The Gender Action Plan should incorporate monitoring tools to assess its progress and be reviewed regularly. A gender pay gap on less than 5% that cannot be explained by objective factors cannot be used as proof that the employers complies with the equal pay obligation.
Amendment 499 #
Proposal for a directive
Article 3 – paragraph 1 – point f a (new)
Article 3 – paragraph 1 – point f a (new)
(fa) ’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 506 #
Proposal for a directive
Article 3 – paragraph 1 – point g a (new)
Article 3 – paragraph 1 – point g a (new)
(ga) ‘workers' representatives’ means: (a) trade union representatives, namely, representatives designated or elected by trade unions or by members of such unions in accordance with national legislation and practice; b) elected representatives, namely, representatives who are freely elected by the workers of the undertaking or organisation, not under the domination or control of the employer in accordance with provisions of national laws or regulations or of collective agreements and whose functions do not include activities which are the exclusive prerogative of trade unions; c) where there exist in the same undertaking both trade union representatives and elected representatives, appropriate measures shall be taken to ensure that the existence of elected representatives is not used to undermine the position of the trade unions concerned or their representatives and to ensure that the exclusive prerogatives of trade unions shall be preserved, in particular their right to collective bargaining and to conclude a collective agreement and to have free access to the workers; (d) workers right to choose to organise in a trade union and to collective bargaining will be respected;
Amendment 544 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall take the necessary measures e, after consurlting that tools or methodologies are established toe social partners and the equality bodies, to ensure that tools or methodologies are established and are easily accessible to workers and employers for the purpose of assessing and compareing the value of work in linaccordance with the criteria set out in this Article. These tools or methodologies may and to encourage the use of such tools or methodologies to determine pay levels. These tools or methodologies shall be established with the involvement of the social partners, and the worker’s representatives, or in the absence thereof, the workers concerned shall be involved in the process and be given access to all relevant information. These tools shall include gender-neutral job evaluation and classification systems.
Amendment 627 #
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Article 6 a Prohibition of pay secrecy clauses Member States shall put in place measures to prohibit contractual terms which aim to restrict a worker from disclosing information about their pay or to seek information from the same or other categories of workers’ pay.
Amendment 662 #
Proposal for a directive
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. Workers’ representatives shall have the possibility to request information on pay level on behalf of a worker, broken down by gender and category of workers. Workers shall be entitled to be informed on which persons are included in the category of workers used by the employer in the calculation of the median wage levels pursuant to paragraph 1.
Amendment 796 #
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Member States shall take appropriate measures to ensure that all employers with at least 250 workers conduct, in cooperation with their workers’ representatives, a joint pay assessment where both of the following conditions are met:n the pay reporting conducted in accordance with Article 8 demonstrates a difference of average of pay level among workers of different gender which the employer can not justify by objective and gender-neutral factors.
Amendment 1010 #
Proposal for a directive
Article 25 – paragraph 3
Article 25 – paragraph 3
3. Member States shall provide the equality bodies with additional resources and ensure their adequate resourcefunding and sufficient capacity that is necessary for effectively carrying out their new functions with regard to the respect for the right to equal pay between men and women for the samefor equal work or work of equal value. Member States shall consider allocatingon top of the national resources assigned to equality bodies to additionally allocate the amounts recovered as fines pursuant to Article 20 to the equality bodies for that purpose.
Amendment 1014 #
Proposal for a directive
Article 26 – paragraph 2
Article 26 – paragraph 2
2. Each Member State shall designate a body (‘monitoring body’) for the monitoring and support of the implementation of national legal provisions implementing this Directive and shall make the necessary arrangements and ensure adequate resources for the proper functioning of such body. The monitoring body may be part of existing bodies or structures at national level, depending on the national institutional context for implementing the principle of equal pay. It shall work closely with the social partners involved in the application of the principle of equal pay.