8 Amendments of Elisabetta GUALMINI related to 2020/0310(COD)
Amendment 207 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13 a) Collective bargaining and collective agreements that are signed by the most representative trade unions are not to be undermined by agreements providing less protections signed by workers' organisations under the control of employers or employers' organisations. Therefore, comparative representativeness rate should be taken into account in order to protect the adequacy of wages, support fair competition, defend sectoral collective bargaining and fight collective bargaining dumping.
Amendment 242 #
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, on-demand workers, intermittent workers, voucher based- workers, bogus self-employed, platform workers, workers in sheltered employment, 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 321 #
Proposal for a directive
Recital 22
Recital 22
(22) To promote adequacynd ensure the adequacy and fairness of minimum wages for all groups of workers, variations and deductions from statutory minimum wages should be limited to ait 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. Variations of statutory 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 theages 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. Bonuses and extra payments, such as tips, overtime, end-of-year and holiday payments and welfare funds contributions, should not be included in the calculation of statutory minimum wages.
Amendment 439 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
This Directive applies to workers in the Union, including apprentices, trainees and interns, 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.
Amendment 646 #
Proposal for a directive
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. Updates of statutory minimum wages must be without prejudice to any other income support mechanisms, such as State Aid for disadvantaged workers and for workers with disabilities as defined in Regulation No 651/2014 or disability entitlements
Amendment 687 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States may allow deductions by lawshall ensure that there are no deductions, such as work- related expenses, 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 proportionateBonuses and extra payments, such as tips, overtime, end-of-year and holiday payments and welfare funds contributions, should not be included in the calculation of statutory minimum wages.
Amendment 691 #
Proposal for a directive
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. Member States shall not allow different rates of statutory minimum wages or deductions by law reducing remuneration paid to workers to a level below that of the statutory minimum wage solely on the basis of sex, racial or ethnic origin, religion or belief, disability or sexual orientation. Sheltered employment, as defined in Regulation No 651/2014, should be subject to statutory minimum wages or sectoral collective agreements, where available.
Amendment 751 #
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, including accessibility for workers with disabilities.