114 Amendments of Maria-Manuel LEITÃO-MARQUES related to 2021/0050(COD)
Amendment 159 #
Proposal for a directive
Recital 1
Recital 1
(1) Articles 2 and 3(3) of the Treaty on European Union enshrine the right to equality between women and men and non-discrimination as one of the essential values and tasks of the Union.
Amendment 161 #
Proposal for a directive
Recital 2
Recital 2
(2) Articles 8 and 10 of the Treaty on the Functioning of the European Union (‘TFEU’) provide that the Union shall aim to eliminate inequalities, to promote equality between men and women and to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation in all its activities.
Amendment 163 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) Article 157 TFEU dates from 1957 and in the meanwhile social, legal, medical and biological changes and research have recognised in the definition of “sex” the diversity in addition to women and men. For example, in some Member States it is currently possible to legally register a third, often neutral, gender. The Court of Justice also has held that the scope of the principle of equal treatment for men and women cannot be confined to the prohibition of discrimination based on the fact that a person is of one or other sex. In view of its purpose and the nature of the rights which it seeks to safeguard, it also applies to discrimination arising from the gender reassignment of a person. In this regard ‘gender’ shall mean the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for women and men.[1] A human rights-oriented approach recognises that gender is a matter of individual identity, irrespective of sex and sex characteristics. [1] Istanbul Convention Art 3.c.
Amendment 166 #
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
(3b) Article 157(3) TFEU provides a specific legal basis for the adoption of Union measures to ensure the application of the principle of equal opportunities and equal treatment in matters of employment and occupation, including the principle of equal pay for equal work or work of equal value.
Amendment 168 #
Proposal for a directive
Recital 3 d (new)
Recital 3 d (new)
(3d) The principle of equal pay for equal work or work of equal value as laid down by Article 157 TFEU and consistently upheld in the case-law of the Court of Justice constitutes an important aspect of the principle of equal treatment between men and women and an essential and indispensable part of the acquis communautaire, including the case-law of the Court concerning sex discrimination. It is therefore appropriate to make further provisions for its implementation.
Amendment 169 #
Proposal for a directive
Recital 3 e (new)
Recital 3 e (new)
(3e) In accordance with settled case- law of the Court of Justice, in order to assess whether workers are performing the same work or work of equal value, it should be determined whether, having regard to a range of factors including the nature of the work and training and working conditions, those workers may be considered to be in a comparable situation.
Amendment 177 #
Proposal for a directive
Recital 5
Recital 5
(5) The European Pillar of Social 41 41 Rights , jointly proclaimed by the European Parliament, the Council, and the Commission, incorporates among its principles equality of treatment and opportunities between women and men, and the right to equal pay for work of equal value and equality of opportunities regardless of gender, racial or ethnic origin, religion or belief, disability, age or sexual orientation. _________________ 41 https://ec.europa.eu/commission/priorities/ deeper-and-fairer-economic-and-monetary- union/european-pillar-social- rights/european-pillar-social-rights-20- principles_en
Amendment 179 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Principle 8 of the European Pillar of Social Rights also provides for the social partners to be consulted on the design and implementation of economic, employment and social policies according to national practices, they shall be encouraged to negotiate and conclude collective agreements in matters relevant to them, while respecting their autonomy and the right to collective action.
Amendment 181 #
Proposal for a directive
Recital 6
Recital 6
(6) Directive 2006/54/EC of the European Parliament and of the Council42 provides that for the same work or for work of equal value, direct and indirect discrimination on grounds of sex with regard to all aspects and conditions of remuneration is to be eliminated. In particular, where a job classification system is used for determining pay, it should be based on the same criteria for both men and women in all their diversity and should be drawn up so as to exclude any discrimination on grounds of sex. _________________ 42 Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (OJ L 204, 26.7.2006, p. 23).
Amendment 198 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) The COVID-19 pandemic and its economic and social consequences have had a disproportionate impact on women and gender equality, job losses have been concentrated in low-paying female- dominated sectors and the effects of the pandemic will further widen gender inequalities and the gender pay gap unless the recovery response is gender sensitive. The effects of the COVID-19 pandemic have therefore made it even more pressing to tackle the issue of equal pay for equal work or work of equal value.
Amendment 200 #
Proposal for a directive
Recital 8 b (new)
Recital 8 b (new)
(8b) Horizontal segregation, including the over-representation of women in low- paying service jobs, is a structural issue that significantly contributes to the gender pay gap and forms complex challenges in achieving good quality jobs, and the principle of equal pay. The COVID-19 pandemic has also proven the value, visibility and recognition of women’s work in front-line services, such as health care, cleaning, childcare, social care and residential care for older people and other adult dependants. Complementary measures to tackle the issue need to focus also on improving working conditions and career-prospects of such jobs.
Amendment 210 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) For a better understanding of this Directive, the expression ‘in all their diversity’ is used in this Directive to express that, where women or men are mentioned, these are heterogeneous categories including in relation to their sex, gender identity, gender expression or sex characteristics. It affirms the commitment to leave no one behind and achieve a gender equal Europe for everyone, regardless of their sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.
Amendment 224 #
Proposal for a directive
Recital 11
Recital 11
(11) This Directive should apply to all workers, including part-time workers, fixed-term contract workers or persons with a contract of employment or employment relationship with a temporary agency as defined in Directive 2008/104 as well as atypical forms such as zero- hour contracts and sheltered/accompanied work contracts, who have an employment contract or employment relationship as defined by the law, collective agreements and/or practice in force in each Member State, taking into account the case-law of the Court of Justice of the European Union (‘the Court’). In its case law, the Court established criteria for determining the status of a worker47 . Provided that they fulfil those criteria, domestic workers, on- demand workers, intermittent workers, voucher based- workers, platform workers, trainees and apprentices 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. _________________ 47 Case C-66/85, Deborah Lawrie-Blum v Land Baden-Württemberg, ECLI:EU:C:1986:284; Case C-428/09, Union Syndicale Solidaires Isère v Premier ministre and Others, ECLI:EU:C:2010:612; Case C-229/14, Ender Balkaya v Kiesel Abbruch- und Recycling Technik GmbH, ECLI:EU:C:2015:455; Case C-413/13, FNV Kunsten Informatie en Media v Staat der Nederlanden, ECLI:EU:C:2014:2411; Case C-216/15, Betriebsrat der Ruhrlandklinik gGmbH v Ruhrlandklinik gGmbH, ECLI:EU:C:2016:883; Case C- 658/18, UX v Governo della Repubblica italiana, ECLI:EU:C:2020:572.
Amendment 262 #
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 sex performing equal work or work of equal value. The comparator should be the worker of a different sex performing equal work or work of equal value with the highest pay level. In situations where no real-life comparator exists, the use of a hypothetical comparator should be allowed, allowing a worker to show that they have not been treated in the same way as a hypothetical comparator of another sex would have been treated. This would lift 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 sex makes it almost impossible to bring an equal pay claim. 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.
Amendment 314 #
Proposal for a directive
Recital 23
Recital 23
(23) Employers should make accessible to workers and workers representatives a description of the criteria used to determine pay levels and career progression. The employer should have flexibility in the way it complies with this obligation taking into account the size of the organisation.
Amendment 323 #
Proposal for a directive
Recital 24
Recital 24
(24) All workers should have the right to obtain clear and complete information, up on their request, mean and median pay gap between all workers in the company as well as on their pay and on the pay level, broken down by sex, for the category of workers doing the same work or work of equal value. Employers must inform workers of this right on an annual basis. Employers may also, on their own initiative, opt for providing such information without workers needing to request it.
Amendment 334 #
Proposal for a directive
Recital 25
Recital 25
(25) Employers with at least 250 workerout exceptions 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 report. _________________ 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 341 #
Proposal for a directive
Recital 26
Recital 26
(26) Pay reporting should allow employers to evaluate and monitor their pay structures and policies, allowing them to proactively comply with the principle of equal pay. At the same time, the gender- disaggregated data should assist competent public authorities, workers’ representatives and other stakeholders to monitor and address the gender pay gap across sectors (horizontal segregation) and functions (vertical segregation). Employers may wish to accompany the published data by an explanation of any gender pay differences or gaps. In cases where differences in average pay for the same work or work of equal value between female and male workers cannot be justified by objective and gender-neutral factors, the employer should take measures to remove the inequalities.
Amendment 373 #
Proposal for a directive
Recital 30
Recital 30
(30) Any processing or publication of information under this Directive should comply with Regulation (EU) 2016/679 of the European Parliament and of the Council53 . Specific safeguards should be added to prevent the direct or indirect disclosure of information of an identifiable co-worker. On the other hand, workers should not be prevented from voluntarily disclosing their pay for the purpose of enforcing the principle of equal pay between men and women for equal work or work to which equal value is attributedunder any circumstances, especially not from sharing it with their trade unions or workers’ representatives. _________________ 53 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) OJ L 119, 4.5.2016, p. 1.
Amendment 386 #
Proposal for a directive
Recital 33
Recital 33
(33) Involving equality bodies, besides other stakeholders, is instrumental in effectively applying the principle of equal pay. The powers and mandates of the national equality bodies should therefore be adequate to fully cover gender pay discrimination, including any pay transparency or any other rights and obligations laid down in this Directive. The direct involvement of social partners in national equality is necessary to ensure continuous and coordinated involvement of social partners. In order to overcome the procedural and cost- related obstacles that workers who believe to be discriminated against face when they seek to enforce their right to equal pay, equality bodies, as well as associations, organisations, bodies and workers’ representatives or other legal entities with an interest in ensuring equality between men and women, should be able to represent individuals. They should be able to decide to assist workers on their behalf or in their support, which would allow workers who have suffered discrimination to effectively claim their rights and the principle of equal pay to be enforced.
Amendment 390 #
Proposal for a directive
Recital 34
Recital 34
(34) Equality bodies and workers’ representatives should also be able to represent one or several workers who believe to be discriminated against based on sex in violation of the principle of equal pay for the same work or work of equal value. Bringing claims on behalf of or supporting several workers is a way to facilitate proceedings that would not have been brought otherwise because of procedural and financial barriers or a fear of victimisation and also when workers are facing discrimination on multiple grounds which can be difficult to disentangle. Collective claims have the potential to uncover systemic discrimination and create visibility of equal pay and gender equality in society as a whole. The possibility of collective redress and class actions would motivate pro- active compliance with pay transparency measures, creating peer pressure and increasing employers’ awareness and willingness to act preventively and would address the systemic nature of pay discrimination.
Amendment 396 #
Proposal for a directive
Recital 35
Recital 35
(35) Member States should ensure the allocation of sufficient resources to equality bodies and labour inspectorates for the effective and adequate performance of their tasks related to pay discrimination based on sex. Where the tasks are allocated to more than one body, Member States should ensure that they are adequately coordinated.
Amendment 414 #
Proposal for a directive
Recital 40
Recital 40
(40) In accordance with the case-law of the Court, national rules on time limits for the enforcement of rights under this Directive should be such that they cannot be regarded as capable of rendering virtually impossible or excessively difficult the exercise of those rights. Limitation periods create specific obstacles for victims of gender pay discrimination. For that purpose, common minimum standards should be established. Those standards should determine when the limitation period begins to run, the duration thereof and the circumstances under which it is interrupted or suspended and provide that the limitation period for bringing claims is at least threfive years.
Amendment 428 #
(42) Member States should provide for effective, proportionate and dissuasive penalties in the event of infringements of national provisions adopted pursuant to this Directive or national provisions that are already in force on the date of entry into force of this Directive and that relate to the right to equal pay between men and women for the same work or work of equal value. Such penalties should include fines, which should be set at a minimum level having due regard to the gravity and duration of the infringement, to any possible intent to discriminate or serious negligence, and to any other aggravating or mitigating factors that may apply in the circumstances of the case, for instance, where pay discrimination based on sex intersects with other grounds of discrimination. Member States should consider allocating amounts recovered as fines to the equality bodies and monitoring bodies as set out by the Directive for the purpose of effectively carrying out their functions in regard to the enforcement of the right to equal pay, including to bring pay discrimination claims or assist and support victims in bringing such claims.
Amendment 442 #
Proposal for a directive
Recital 48
Recital 48
(48) In order to ensure proper monitoring of the implementation of the right to equal pay between men and women for the same work or work of equal value, Member States should set up or designate a dedicated monitoring body. This body, which may be part of an existing body pursuing similar objectives, should have specific tasks in relation to the implementation and enforcement of the pay transparency measures foreseen in this Directive and gather certain data to monitor pay inequalities and the impact of the pay transparency measures.
Amendment 463 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down minimum requirements to strengthen the application of the principle of equal pay between men and women for equal work or work of equal value enshrined in Article 157 TFEU and the prohibition of discrimination on the grounds of sex laid down in Article 4 of Directive 2006/54/EC, in particular through pay transparency and reinforced enforcement mechanisms.
Amendment 473 #
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Directive applies to all workers who have an employment contract or employment relationship as defined by law, collective agreements and/or practice in force in each Member State with consideration to the case-law of the Court of Justice, including directly and indirectly employed workers especially those employed via a temporary agency as defined in Directive 2008/104 or platform as well as atypical forms such as zero-hour contracts, sheltered/accompanied work contracts and part-time workers, with consideration to the case-law of the Court of Justice. This Directive applies to workers referred to in the first subparagraph of this paragraph irrespective of their sex, gender identity, gender expression or sexual characteristics for the purpose of complying with the prohibition of discrimination laid down in Article 4 of Directive 2006/54/EC.
Amendment 497 #
Proposal for a directive
Article 3 – paragraph 1 – point f a (new)
Article 3 – paragraph 1 – point f a (new)
(fa) ‘work of equal value’ means work that is determined to be of equal value in accordance with non-discriminatory and objective gender-neutral criteria as set out in Article4(3) and has to be based on a comparison of two groups of workers which have not been formed in an arbitrary manner. The work performed is comparable, based on an overall assessment of the requirements and nature of work and criteria such as knowledge and skills, responsibility and effort without taking into account working hours for the purpose of clarity. In case professional experience is taken into account in the determination of work of equal value, the party claiming this as a factor shall prove that the higher professional experience generally leads to added value for the work actually performed.
Amendment 502 #
Proposal for a directive
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) ‘category of workers’ means workers performing the same work or work of equal value grouped by the workers’ employer based on criteria as laid down in Article 4 of this Directive and specified by the employer concerned; in consultation with workers representatives.
Amendment 505 #
Proposal for a directive
Article 3 – paragraph 1 – point g a (new)
Article 3 – paragraph 1 – point g a (new)
Amendment 512 #
Proposal for a directive
Article 3 – paragraph 1 – point i
Article 3 – paragraph 1 – point i
(i) ‘indirect discrimination’ means the situation where an apparently neutral provision, criterion or practice would put persons of one sex at a particular disadvantage compared with persons of the other sex, unless that provision, criterion or practice is objectively justified by a legitimate aim in accordance with the criteria laid down in Article 4 of this Directive, and the means of achieving that aim are appropriate and necessary;
Amendment 521 #
Proposal for a directive
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) harassment and sexual harassment, within the meaning of Article 1 (c) and Article 2(2) of Directive 2006/54/EC, as well as any less favourable treatment based on a person's rejection of or submission to such conduct, when such harassment or treatment relates to or results from the exercise of the rights provided for in this Directive;
Amendment 529 #
3. Pay discrimination under this Directive includes discrimination based on a combination of sex and/or any other ground or grounds of discrimination protected under Directive 2000/43/EC or Directive 2000/78/EC.
Amendment 530 #
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Article 3 a Prohibition of discrimination 1. In order to achieve the Union’s goal of equal pay for equal work or work of equal value, direct and indirect discrimination on grounds of sex with regard to all aspects and conditions of remuneration shall be eliminated. 2. In particular, where a job classification system is used for determining pay, it shall be based on the same criteria for all workers and so drawn up as to exclude any discrimination on the grounds of sex.
Amendment 532 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall take the necessary measures after consulting with the social partners and equality bodies to ensure that employers have pay structures in place ensuring that women and men are paid equally for the samerkers are paid equally for the same work or work of equal value without discrimination based on the grounds of sex. Member States may allow social partners to negotiate and conclude collective agreements to secure the enforcement of equal pay between women and men for equal work or work of equal value.
Amendment 548 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall take the necessary measures ensuring that tools or methodologies are established toand 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 mayshall include gender-neutral job evaluation and classification systems. These tools or methodologies shall be established with the involvement of the social partners.
Amendment 559 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The tools or methodologies as referred to in paragraph 2 shall allow assessing, in regard to the value of work, whether workers are in a comparable situation, on the basis of objective criteria which shall include educational, professional and training requirements, skills, effort and responsibility, work undertaken and the nature of the tasks involved. Theyand gender neutral criteria. Those gender- neutral criteria shall be agreed with the social partners and shall include but not be limited to: formal and non-formal educational, professional and training requirements, skills, including the knowledge necessary to meet the requirements of a job, interpersonal skills and problem solving, effort, including mental, psycho-social and physical effort, responsibility, including for people, goods and equipment, information and financial resources, and working conditions including those relating to the working environment and the organisational environment. The tools or methodologies referred to in paragraph 2 shall not contain or be based on criteria which are based, whether directly or indirectly, on workers’ sex.
Amendment 562 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The tools or methodologies shall allow assessing, in regard to the value of work, whether workers are in a comparable situation, on the basis of objective criteria which shall include educational, professional and training requirements, skills, effort and responsibility, work undertaken and the nature of the tasks involved. They shall not contain or be based on criteria which are based, whether directly or indirectly, on workers’ sex. Member States shall provide support to employers and the social partners, including training and detailed guidance on establishing the objective, gender- neutral criteria referred to in the first subparagraph of this paragraph and the tools and methodologies referred to paragraph 2.
Amendment 575 #
4. Whenever differences in pay can be attributed to a single source establishing the pay conditions, the assessment whether workers are carrying out the same work or work of equal value shall not be limited to situations in which female and male workers work for the same employer but may be extended to that single source and cross-sector comparisons based on the data collected by the monitoring body. The assessment shall also not be limited to workers employed at the same time as the worker concerned or to the same sector nor to workers in the same company. Where no real comparator can be established, a comparison with a hypothetical comparator based on the objective and gender-neutral criteria as per article 4 paragraph 3 or the use of other evidence allowing to presume alleged discrimination shall be permitted. Employers shall consult with workers representatives on the establishment of the comparator. The comparator shall facilitate cross-sector comparison.
Amendment 586 #
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Where a job evaluation and classification system is used for determining pay, it shall be based on the same criteria for both men and womenall workers in all their diversity and drawn up so as to exclude any form of discrimination, especially on grounds of sex, and ensure that skills associated with female dominated jobs are valued. In this regard, Member States shall ensure employers and social partners are provided with the necessary tools and guidance to introduce gender- neutral job evaluation and classification systems for determining pay.
Amendment 597 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Applicants for employment shall have the right to receivereceive automatically from the prospective employer information about the initial pay level or its range, based oncollective agreement applied by the company in relation to the job, where applicable, the initial pay level or its range as well as the average pay level of the job or of work of equal value for which the applicant applied, based on the also stated objective, gender-neutral criteria used to determine pay levels, to be attributed for the position concerned. Such information shall be indicated in a published job vacancy notice or otherwise provided to the applicant prior to the job interview without the applicant having to request it.
Amendment 604 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Employers shall ensure that vacancy notices, job titles and recruitment processes are gender neutral.
Amendment 620 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
The employer shall make easily accessible to its workers and workers representatives a description of the criteria used to determine pay levels and career progression for workers. These criteria shall be gender-neutral.
Amendment 631 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Workers shall have the right to receive information onreceive annually clear and complete information on the mean and median pay gap between all workers in the company as well as their individual pay level and the average pay levels, broken down by sex, for categories of workers doing the same work as them or work of equal value to theirs, in accordance with paragraphs 3 and 44 and 5. This shall include information on how pay levels were determined, including through an existing job evaluation and/or job classification scheme.
Amendment 643 #
Proposal for a directive
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. Workers’ representatives shall have the right to receive information on how pay for each category of worker is determined and average pay levels.
Amendment 650 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Workers shall have the right to receive information as referred to in paragraph 1 whenever they request it. Employers shall provide the information referred to in paragraph 1 within a reasonable period of time and at the latest 2 months upon a worker’s request. The information shall be provided in accessible formats for workers with disabilities upon their requestwriting and the employer shall retain proof of transmission or receipt, in electronic form.
Amendment 659 #
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Workers shall have the possibilityright to request the information referred to in paragraph 1 through their workers representatives or an equality body.
Amendment 663 #
Proposal for a directive
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. The information shall be provided in accessible formats for workers with disabilities
Amendment 665 #
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Workers shall notunder no circumstances be prevented from disclosing their pay for the purpose of enforcing the principle of equal pay between men and women for equal work or work of equal value. inside and outside the company they are in employment relationship with. Contractual terms and measures aiming at limiting or prohibiting workers from disclosing their pay or average pay levels, especially to their colleagues or trade union, shall be prohibited.
Amendment 669 #
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Employers may require that any wWorkers having obtained information pursuant to this Article shall notmay use that information for any other purpose than, especially to defend their right to equal pay for the same work or work of equal value and not disseminate the information otherwise. Workers may share such information with their workers representatives and trade unions.
Amendment 680 #
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. Employers with at least 250 workers shall provideout exceptions shall provide to their workers the following information concerning their organisation, in accordance with paragraphs 2, 3, and 5:
Amendment 690 #
Proposal for a directive
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) the pay gap between all female and male workers;
Amendment 697 #
Proposal for a directive
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) the pay gap between all female and male workers in complementary or variable components;
Amendment 702 #
Proposal for a directive
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) the median pay gap between all female and male workers;
Amendment 709 #
Proposal for a directive
Article 8 – paragraph 1 – point d
Article 8 – paragraph 1 – point d
(d) the median pay gap between all female and male workers in complementary or variable components;
Amendment 713 #
Proposal for a directive
Article 8 – paragraph 1 – point e
Article 8 – paragraph 1 – point e
(e) the proportion of female and male workersworkers broken down by sex receiving complementary or variable components;
Amendment 716 #
Proposal for a directive
Article 8 – paragraph 1 – point f
Article 8 – paragraph 1 – point f
(f) the proportion of female and male workersworkers broken down by sex in each quartile pay band;
Amendment 720 #
Proposal for a directive
Article 8 – paragraph 1 – point g
Article 8 – paragraph 1 – point g
(g) the pay gap between female and male workers by categories of workers broken down by ordinary basic salary and complementary or variable components.
Amendment 725 #
Proposal for a directive
Article 8 – paragraph 1 – point g a (new)
Article 8 – paragraph 1 – point g a (new)
(ga) information on the criteria used to determine pay.
Amendment 730 #
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. Employers shall provide the information referred to in paragraph 1 by... [2 years after the entry into force of this Directive] and thereafter as follows: (i) for employers with 1 to 10 workers, at least once every four years; (ii) for employers with 10 to 50 workers, at least once every three years; (iii) for employers with 50 to 250 workers, at least once every two years; (iv) for employers with at least 250 workers, every year.
Amendment 736 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The accuracy of the information shall be confirmed by the employer’s management and workers’ representatives. Employers shall establish in consultation with workers’ representatives on the methods used to calculate the pay gap, median pay gap and average pay levels.
Amendment 741 #
3. The employer shall publish the information referred to in paragraph 1, points (a) to (f) on an annual basish) in a user-friendly way on its website or shall otherwise makbe made publicly available by the employer. The information referred to in paragraph 1 shall be accessible to persons with disabilities in accordance wit publicly availableh Directive (EU) 2019/882 of the European Parliament and of the Council. Employers shall include that information in their management report where they are required to draw up such a report pursuant to Directive 2013/34/EU. The information from the previous four years, if available, shall also be accessible upon request. In addition, the employer shall share this information with the monitoring body referred to in paragraph 6.
Amendment 755 #
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Member States may decide to compile the information set out in paragraph 1, points (a) to (fh) themselves, on the basis of administrative data such as data provided by employers to the tax or social security authorities. This information shall be made public in accordance with paragraph 6.
Amendment 766 #
Proposal for a directive
Article 8 – paragraph 5
Article 8 – paragraph 5
5. The eEmployers shall provide the information referred to in paragraph 1, point (ga) to (h) to all workers and theiro the workers representatives, as well as to the monitoring body referred to in paragraph 6. ItEmployers shall provide it tothis information to the Trade Unions, the labour inspectorate and the equality body upon their request. The information from the previous four years, if available, shall also be provided upon request.
Amendment 775 #
Proposal for a directive
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Member States shall entrust the monitoring body designated pursuant to Article 26 to collect the data received from employers pursuant to paragraph 1, points (a) to (fh) and to ensure that this data is public and allows a comparison between employers, sectors and regions of the Member State concerned in a user-friendly way.
Amendment 792 #
Proposal for a directive
Article 8 – paragraph 7 a (new)
Article 8 – paragraph 7 a (new)
7a. The implementation of the Directive shall not be used to reduce existing reporting obligations on employers.
Amendment 799 #
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 employers with at least 250 workerout exceptions conduct, in cooperation with their workers’ representatives, a joint pay assessment where both of the following conditions are met:
Amendment 810 #
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
Amendment 816 #
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
Amendment 825 #
Proposal for a directive
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) an analysis of the proportion of female and male workersworkers broken down by sex in each category of workers;
Amendment 827 #
Proposal for a directive
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) detailed information on average female and male workers’ pay levels broken down by sex and complementary or variable components forby each category of workers;
Amendment 828 #
Proposal for a directive
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
(c) identification of any differences in pay levels between female and male workersworkers broken down by sex in each category of workers;
Amendment 832 #
Proposal for a directive
Article 9 – paragraph 2 – point e
Article 9 – paragraph 2 – point e
(e) measures as a gender action plan to address such differences if they are not justified on the basis of objective and gender-neutral criteria; the company board, where applicable, has to adopt these measures and address the pay gap until the next pay assessment according to Art 8 (1’). In case of failure to act or insufficient action, the board can be fined for not fulfilling its duties.
Amendment 839 #
Proposal for a directive
Article 9 – paragraph 2 – point f
Article 9 – paragraph 2 – point f
(f) a monitoring report on the effectiveness of any measures mentioned in previous joint pay assessments, the gender action plan included. In case the evaluation shows an insufficiency in the measures adopted, especially if the pay gap does not decrease within the time until the next pay assessment according to art 8 (1’),these need to be adapted in accordance with the provisions set out under this article. Employers and workers’ representatives, shall jointly draw up and agree on the Gender Action Plan referred to in point (e) of the first subparagraph with concrete measures and goals to close the gender pay gap. Where possible, the Gender Action Plan shall be drawn up in cooperation with the equality body. This may include examining the causes of the pay gap from recruitment, promotion, occupational segregation, flexibility and care responsibilities and measures to address the gender gaps. Where applicable, the Gender Action Plan shall be included in the management report drawn up pursuant to Directive 2013/34/EU.
Amendment 842 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Employers shall make the joint pay assessments available to workers,in easily accessible formats to all workers, persons with disabilities included; workers’ representatives, the monitoring body designated pursuant to Article 26, the equality body and the labour inspectorate.
Amendment 854 #
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
4. If the joint pay assessment reveals differences in average pay for equal work or work of equal value between female and male workersworkers broken down by sex which cannot be justified by objective and gender-neutral criteria, the employer shall remedy the situation, in close cooperation with the workers’ representatives, labour inspectorate, and/or equality body. Such action shall include the establishment of gender-neutral job evaluation and classification to ensure that any direct or indirect pay discrimination on grounds of sex is excluded.
Amendment 859 #
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Article 9 a Collective bargaining and social dialogue 1. Without prejudice to the autonomy of the social partners, Member States shall take measures to guarantee that trade unions can collectively bargain, at the appropriate level, on measures to address pay discrimination and the undervaluation of work predominantly carried out by women, as well as other measures aimed at closing the pay gap. Such measures shall include the development and use of job evaluation and classification systems free from gender bias with the involvement of trade unions. 2. Without prejudice to the autonomy of social partners and in accordance with national law and practice, Member States shall ensure that the transposition, implementation, monitoring, rights and obligations under this Directive are discussed with social partners.
Amendment 860 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. To the extent that any information provided pursuant to measures taken under Articles 7, 8, and 9 involves the processing of personal data, it shall be provided in accordance with Regulation (EU) 2016/679. Compliance with this Regulation shall not be used as a reason to deny any information necessary for the enforcement of rights and obligations related to the principle of equal treatment in terms of pay for workers performing an equal work or a work of equal value nor should workers be restricted in their right according to art 7 of this directive to disclose pay, especially not if it comes to sharing their pay levels with workers’ representatives.
Amendment 868 #
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Member States may decide that, where the disclosure of information pursuant to Articles 7, 8 and 9 would lead to the disclosure, either directly or indirectly, of the pay of an identifiable co- worker, only the workers’ representatives or the equality body shall have access to that information. The representatives or equality body shall advise workers regarding a possible claim under this Directive without disclosing actual pay levels of individual workers doperforming the same work or work of equal value. The monitoring body referred to in Article 26 shall have access to the information without restriction.
Amendment 870 #
Proposal for a directive
Article 11
Article 11
Amendment 882 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States shall ensure that, after possible voluntary recourse to conciliation for both parties to the conflict, judicial procedures for the enforcement of rights and obligations related to the principle of equal pay between men and women for equal work or work of equal value are available to all workers who consider themselves wronged by a failure to apply the principle of equal pay for equal work or work of equal value. Such procedures shall be easily accessible to workers and to those who act on their behalf, even after the labour relationship in which the discrimination is alleged to have occurred has ended. Recourse to conciliation shall trigger an interruption or suspension of the limitation period referred to in Article 18.
Amendment 889 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall ensure that associations, organisations, equality bodies and workers’ representatives or other legal entities which have, in accordance with the criteria laid down by national law, a legitimate interest in ensuring equality between men and women, in all their diversity and in tackling discrimination on the ground of sex may engage in any judicial or administrative procedure to enforce any of the rights or obligations related to the principle of equal pay between men and women for equal work or work of equal value. They may act on behalf or in support of a worker who is victim of an infringement of any right or obligation related to the principle of equal pay between men and women for equal work or work of equal value, with the latter’s approval.
Amendment 893 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Equality bodies and workers’ representatives shall also have the right to act on behalf or in support of severalindividual and/or a group of workers, with the latter’s approval or upon notification in accordance with national law and practice.
Amendment 898 #
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2 a. Trade unions shall also have the right to act on behalf of a class of workers in a sector or category.
Amendment 907 #
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The compensation shall place the worker who has suffered harm in the position in which that person would have been if he or she had not been discriminated based on sex or if no infringement of any of the rights or obligations relating to equal pay between men and women for equal work or work of equal value had occurred. It shall include full recovery of back pay and related bonuses or payments in kind, compensation for lost opportunities and moral prejudice. It shall also include the right to interest on arrears.
Amendment 913 #
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
The structural or organisational measures referred to in the first paragraph, point (b), may include an obligation to review the pay-setting mechanism based on gender-neutral job evaluation or classification systems, the establishment of an action plan to eliminate the discrepancies discovered, and measures to reduce any unjustified gender pay gaps.
Amendment 925 #
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
4. This Directive does not prevent Member States from introducing evidential rules which are more favourable to the claimant in proceedings instituted to enforce any of the rights or obligations relating to equal pay between men and women in all their diversity for equal work or work of equal value.
Amendment 929 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall ensure that in proceedings concerning a claim regarding equal pay between men and women in all their diversity for equal work or work of equal value, national courts or competent authorities are able to order the defendant to disclose any relevant evidence which lies in their control.
Amendment 934 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall lay down rules applicable to limitation periods for bringing claims regarding equal pay between men and women in all their diversity for equal work or work of equal value. Those rules shall determine when the limitation period begins to run, the duration thereof and the circumstances under which it is interrupted or suspended.
Amendment 937 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Limitation periods shall not begin to run before the violation of the principle of equal pay between men and women in all their diversity for equal work or for work of equal value or infringement of the rights or obligations under this Directive has ceased and the claimant knows, or can reasonably be expected to know, about the violation or infringement.
Amendment 945 #
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Member States shall ensure that the limitation periods for bringing claims are set at threfive years at least.
Amendment 960 #
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
Claimants who prevail on a pay discrimination claim shall have the right to recover from the defendant, in addition to any other damages, reasonable legal and experts’ fees and costs. Defendants who prevail on a pay discrimination claim shall not have the right to recover any legal and experts’ fees from the claimant(s) and costs, unless the claim was brought in bad faith, was clearly frivolous or where such non-recovery is considered manifestly unreasonable under the specific circumstances of the case.
Amendment 971 #
Proposal for a directive
Article 20 – paragraph 2 – introductory part
Article 20 – paragraph 2 – introductory part
2. Member States shall ensure that fines are applied to infringements of the rights and obligations relating to equal pay for the sameequal work or work of equal value. They shall set a minimum level for such fines ensuringpercentage based on the employer’s gross annual turnover as a minimum level for such fines and shall ensure that that minimum level is proportionate and has a real deterrent effect. The level of the fines shall take into account:
Amendment 977 #
Proposal for a directive
Article 20 – paragraph 2 – point a
Article 20 – paragraph 2 – point a
(a) the gravity and duration of the infringement; and whether there were repeated infringements.
Amendment 979 #
Proposal for a directive
Article 20 – paragraph 2 – point c
Article 20 – paragraph 2 – point c
(c) any other aggravating or mitigating factor applicable to the circumstances of the case. such as where gender-based pay discrimination intersects with other grounds of discrimination, or relevant mitigating factors
Amendment 982 #
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Member States shall establish specific penalties to be imposed in case of repeated or serious infringements of the rights and obligations relating to equal pay between men and women, such as the revocation of public benefits or the exclusion, for a certain period of time, from any award of financial inducements.
Amendment 985 #
4a. Member states shall in case of a company boards’, where applicable, failure to act or insufficient action as set out in art 9, establish fines on the board for not fulfilling its duties under this Directive.
Amendment 987 #
Proposal for a directive
Article 20 – paragraph 4 b (new)
Article 20 – paragraph 4 b (new)
4b. Member states shall ensure that monitoring body as established under this Directive in Article 26 are also competent in imposing financial sanctions and penalties with regards to the non- fulfilment of obligations under Articles 7,8 and 9.
Amendment 990 #
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
1. The appropriate measures that the Member States take in accordance with Article 30(3) of Directive 2014/23/EU, Article 18(2) of Directive 2014/24/EU and Article 36(2) of Directive 2014/25/EU, shall include measures to ensure that, in the performance of public contracts or concessions, economic operators comply with the obligations relating to equal pay between men and women in all their diversity for equal work or work of equal value.
Amendment 993 #
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
Amendment 997 #
Proposal for a directive
Article 21 a (new)
Article 21 a (new)
Article 21 a Intersectionality 1. Member states shall take the necessary measures to ensure that in legal proceedings aimed at the enforcement of rights and obligations relating to equal treatment of men and women, direct and indirect discrimination on grounds of sex with regard to all aspects and conditions of remuneration shall be eliminated. 2. In compliance with the paragraph 1, Member states shall take the necessary measures to ensure that in legal proceedings aimed at the enforcement of rights and obligations relating to equal treatment in term of pay between men and women for equal work or work of equal value, the court or other competent authority duly assesses the existence of discrimination based on a combination of sex and another ground of discrimination protected under Directive 2000/43/CE or Directive2000/78/CE and takes due account of such circumstances for substantive and procedural purposes. 3. Member States, employers, workers' representatives, equality bodies and monitoring bodies designated pursuant to Article 26 shall develop and implement specific actions to identify and address situations in which pay discrimination based on grounds of sex intersects with other grounds of discrimination. They may also analyse and revise any practice or criteria that could be discriminatory and tackle and find solutions for the concerns of women facing intersecting forms of discrimination within a particular workplace or sector. 4. When collecting data received from employers, the monitoring bodies shall, where possible, analyse that data in a way that takes account of multiple and intersectional forms of discrimination. The data collected under this Directive should be available to be used to eliminate and/or legally challenge other forms of discrimination, especially when it comes to pay as stated in Article 3(3) of this Directive, as set out in Directive 2000/43/CE or2000/78/CE.
Amendment 998 #
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Workers and theirworkers representatives shall not be treated less favourably on the ground that they have exercised their rights relating to equal pay between men and womento not be discriminated on the ground of sex relating to working conditions, including pay.
Amendment 1011 #
Proposal for a directive
Article 25 – paragraph 3
Article 25 – paragraph 3
3. Member States shall provide equality bodies, monitoring body, and labour inspectorates with the adequate resources necessary for effectively carrying out their new or additional functions with regard to the respect for the right to equal pay between men and women in all their diversity for the same work or work of equal value. Member States shall consider allocating amounts recovered as fines pursuant to Article 20 to the equality bodies for that purpose.
Amendment 1012 #
Proposal for a directive
Article 25 a (new)
Article 25 a (new)
Article 25 a Labour inspectorates Member states shall take active measures to ensure the necessary resources, including training and capacities, close cooperation and coordination of labour inspectorates as regards their competences in accordance with the present Directive.
Amendment 1013 #
Proposal for a directive
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Member States shall ensure the consistent monitoring of the implementation of the principle of equal pay between women and men for equal work or for work of equal value and the enforcement of all available remedies and sanctions mechanisms.
Amendment 1017 #
Proposal for a directive
Article 26 – paragraph 2
Article 26 – paragraph 2
2. Each Member State shall designate a tripartite body (‘monitoring body’) for the monitoring and support of the implementation of national legal provisions implementing this Directive and shall make the necessary arrangements for the proper functioning of such body. The monitoring body may be part of existing bodies or structures at national level and competent to impose sanctions such as financial ones for non- compliance with the implementing provisions as a supervisory body.
Amendment 1022 #
Proposal for a directive
Article 26 – paragraph 3 – point a
Article 26 – paragraph 3 – point a
(a) to raise awareness among public and private undertakings and organisations, social partners and the general public to promote the principle of equal pay and the right to pay transparency, including by communicating and sharing employers’ good practices and initiatives with the possibility to create an official label or certificate for companies complying with pay transparency as regards the set out rules on equal pay for equal work or work of equal value as well as a public list of companies who do not comply;
Amendment 1026 #
Proposal for a directive
Article 26 – paragraph 3 – point b
Article 26 – paragraph 3 – point b
(b) to tackle the causes of the gender pay gap and devise tools to helpand methodologies to analyse and assess pay inequalities and tackle discrimination on the ground of sex;
Amendment 1032 #
Proposal for a directive
Article 26 – paragraph 3 – point c
Article 26 – paragraph 3 – point c
(c) to aggregate data received from employers pursuant to Article 8(6), and publish this data in a user-friendly manner; for all, persons with disabilities included; to aggregate this data also sectorally in order to be able to identify and address possible discrimination across different sectors, especially regarding differences of work of equal value between female and male dominated sectors.
Amendment 1042 #
Proposal for a directive
Article 26 – paragraph 3 – point e a (new)
Article 26 – paragraph 3 – point e a (new)
(ea) to provide relevant data and information to the European Institute for Gender Equality and Eurofound in order to allow for the comparability and assessment of that data at Union level;
Amendment 1047 #
Proposal for a directive
Article 26 – paragraph 3 – point e b (new)
Article 26 – paragraph 3 – point e b (new)
(eb) to take the necessary actions, including financial sanctions, in the case of non-compliance with this Directive against companies and, where applicable, their boards. The amount shall be based on the criteria laid out in Article 20.
Amendment 1051 #
Proposal for a directive
Article 26 – paragraph 4 a (new)
Article 26 – paragraph 4 a (new)
4a. The monitoring body shall assist Member States in their efforts to combat the pay gap by providing guidance and sharing best practices on policies and methodologies to determine and compare work of equal value, including across sectors with a concrete focus on combating the systemic undervaluation of work in female dominated sectors and making full use, where appropriate of the data, knowledge and capacities of the European Institute for Gender Equality and of Eurofound, the European Foundation for the Improvement of living and working conditions.
Amendment 1070 #
Proposal for a directive
Article 29 a (new)
Article 29 a (new)
Article 29 a Compliance Member States shall take all necessary measures to ensure that the principle of equal treatment is respected and in particular that : (a)any laws, regulations and administrative provisions contrary to the principle of equal treatment are abolished;(b)provisions contrary to the principle of equal treatment in individual or collective contracts or agreements, internal rules of undertakings or rules governing the independent occupations and professions and workers' and employers' organisations or any other arrangements shall be, or may be, declared null and void or are amended
Amendment 1087 #
Proposal for a directive
Article 32 – paragraph 1
Article 32 – paragraph 1
1. By [eightthree years after the entry into force] Member States shall communicate to the Commission all information on how this Directive has been applied and what has been its impact in practice.