11 Amendments of Klára DOBREV related to 2020/0310(COD)
Amendment 183 #
Proposal for a directive
Recital 11
Recital 11
(11) Minimum wage protection set out by collective agreements in low-paid occupations is adequate in most cases; 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. In addition, the use of special categories with wages below the statutory level (such as public work schemes), reduced minimum wage rates (variations) and deductions from statutory minimum wages negatively affect their adequacy and increase the risk of poverty of such workers.
Amendment 190 #
Proposal for a directive
Recital 12
Recital 12
(12) Not all workers in the Union are protected by minimum wages. In some Member States somthere are workers, even though they are covered, who receive in practice a remuneration well below the statutory minimum wage due to special schemes allowing for a different category of workers, or due to the non- respect of existing rules. 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 245 #
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, public workers, 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 286 #
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 lattsocial partners is another element of pre- requisite for good governance that allows for an informed and inclusive decision- making process.
Amendment 320 #
Proposal for a directive
Recital 22
Recital 22
(22) To promotensure adequacy and fairness of minimum wages for all groups of workers, variations and deductions from statutory minimum wages should be limited to a minimum, while ensuring that social partners are duly consulted in their definition. Some 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 deductions related to theit is necessary to apply the principle of equal treatment. The exclusion of any worker from the protection of a statutory minimum wage cannot be justified. Special work schemes paying below the statutory level, 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 athe job, or deductions ofin-kind allowances in kind, such as accommodation, may be unjustified or disproportionateshould therefore not be deducted from statutory minimum wages. 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 448 #
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 (whether private or public) is required to pay to workers for the work performed during a given period, calculated on the basis of time or output;
Amendment 669 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States may allow different rates of statutory minimum wage 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 aimwhere statutory minimum wage exists shall ensure that all workers receive at or above the statutory minimum wage level.
Amendment 689 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States may allowshall not allow for special categories of workers or 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 713 #
Proposal for a directive
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
Amendment 724 #
Proposal for a directive
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
Member States shall ensure that all relevant trade unions are fully and regularly involved in setting and updating the minimum wage level.
Amendment 745 #
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 businesseemployers;