64 Amendments of Margarita DE LA PISA CARRIÓN related to 2020/0310(COD)
Amendment 19 #
Proposal for a directive
Citation 1
Citation 1
Amendment 20 #
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 153 (2), in conjunction with point (b) of Articles 153 (1)(b) and (f) and 153(5) thereof,
Amendment 21 #
Proposal for a directive
Citation 1 a (new)
Citation 1 a (new)
Pursuant to Article 153(1)(b) of the Treaty on the Functioning of the European Union, the Union has competence to support and complement the activities of the Member States in the field of working conditions,
Amendment 22 #
Proposal for a directive
Citation 1 b (new)
Citation 1 b (new)
Pursuant to Article 153(1)(f) of the Treaty on the Functioning of the European Union, the Union has competence to support and complement the activities of the Member States in the field of representation and collective defence of the interests of workers and employers, including co-determination. This competence requires that the Council act unanimously,
Amendment 23 #
Proposal for a directive
Citation 1 c (new)
Citation 1 c (new)
Pursuant to Article 153(5) of the Treaty on the Functioning of the European Union, the Member States have sole competence in the field of pay and the right of association,
Amendment 24 #
Proposal for a directive
Citation 1 d (new)
Citation 1 d (new)
Amendment 25 #
Proposal for a directive
Citation 2 a (new)
Citation 2 a (new)
Having regard to Article 152(1)(f) of the Treaty on the Functioning of the European Union,
Amendment 26 #
Proposal for a directive
Citation 2 b (new)
Citation 2 b (new)
Having regard to Article 153(5) of the Treaty on the Functioning of the European Union,
Amendment 27 #
Proposal for a directive
Citation 3 a (new)
Citation 3 a (new)
Amendment 31 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Pursuant to the case-law of the Court of Justice of the European Union (Joined Cases C-395/08 and C-396/08, Bruno et al), the Union can adopt procedural legislation on working conditions relating to pay, but without determining the amount of any wage item or the conditions for wage setting where these may have a direct impact on the outcome.
Amendment 39 #
Proposal for a directive
Recital 3
Recital 3
(3) The European Social Charter establishes that all workers have the right to just conditions of work. It recognises the right of all workers to a fair remuneration sufficient for a decent standard of living for themselves and their families. Article 4 of the Charter recognises the role of freely concluded collective agreements as well as of statutory minimum wage setting mechanisms or any other procedure for this purpose consistent with national conditions, to ensure the effective exercise of this right.
Amendment 41 #
Proposal for a directive
Recital 4
Recital 4
(4) Chapter II of the European Pillar of Social Rights, proclaimed at Gothenburg on 17 November 2017, establishes a set of principles to serve as a guide towards ensuring fair working conditions. Principle No 6 of the European Pillar of Social Rights reaffirms the workers’ right to fair wages that provide for a decent standard of living. It also provides that adequate minimum wages shall be ensured, in a way that provides for the satisfaction of the needs of the worker and his/her family in the light of national economic and social conditions, whilst safeguarding access to employment and incentives to seek work. Furthermore, it recalls that in-work poverty shall be prevented and that all wages shall be set in a transparent and predictable way in accordance with national practices and respecting the autonomy of the social partners.
Amendment 55 #
Proposal for a directive
Recital 8
Recital 8
(8) Women, young and low-skilled workers and, persons with disabilities and certain sectors of human activity still have a higher probability of being minimum wage or low wage earners than other groups. During economic downturns, such as the Covid-19 crisis, the role of minimum wages in protecting low-wage workers becomes increasingly important and is essential to support a sustainable and inclusive economic recovery. Addressing minimum wage contributes to gender equality, closing the gender pay and pension gap as well as elevating women out of pover. Equal pay has to be guaranteed, in accordance with a weighted criterion for excellence that benefits competitiveness, and work-life balance facilitated, including for men, in order to foster a fair and caring society.
Amendment 73 #
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 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, something that should never happen.
Amendment 82 #
Proposal for a directive
Recital 15
Recital 15
(15) This Directive establishes minimum requirementscertain criteria at Union level to ensure both that minimum wages are set at adequate levelly set and that workers have access to minimum wage protection, in the form of a statutory minimum wage or in the form of wages set under collective agreements as defined for the purpose of this Directive. The criteria established in this Directive will not prevent the Member States from establishing other criteria that may be more appropriate to their particular context.
Amendment 85 #
Draft legislative resolution
Citation 2 a (new)
Citation 2 a (new)
— Having regard to Article 152(1)(f) of the Treaty on the Functioning of the European Union,
Amendment 86 #
Draft legislative resolution
Citation 2 b (new)
Citation 2 b (new)
— Having regard to Article 153(5) of the Treaty on the Functioning of the European Union,
Amendment 87 #
Draft legislative resolution
Citation 3 a (new)
Citation 3 a (new)
— Having regard to the case-law of the Court of Justice of the European Union, and in particular Joined Cases C- 395/08 and C-396/08,
Amendment 91 #
Proposal for a directive
Recital 16
Recital 16
(16) In full respect of Article 153(5) of the Treaty on the Functioning of the European Union, this Directive neither aims to harmonise the level of minimum wages across the Union nor to establish an uniform mechanism for setting minimum wagespay across the Union nor to affect the right to association. It does not interfere with the freedom of Member States to set statutory minimum wages or promote access to minimum wage protection provided by collective agreements, according to the traditions and specificities of each country and in full respect of national competences and social partners’ contractual freedom. This Directive does not impose an obligation on the Member States where minimum wage protection is ensured exclusively via collective agreements to introduce a statutory minimum wage nor to make the collective agreements universally applicable. Also, this Directive does not establish the level of pay, which falls within the contractual freedom of the social partners at national level and within the relevant competence of Member States.
Amendment 92 #
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 153(2), in conjunction with points (b) and (f) of Article 153(1) and Article 153(5) thereof,
Amendment 98 #
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, 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 100 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) Pursuant to Article 153(1)(b) of the Treaty on the Functioning of the European Union, the Union has competence to support and complement the activities of the Member States in the field of working conditions.
Amendment 104 #
Proposal for a directive
Recital 1 b (new)
Recital 1 b (new)
(1b) Pursuant to Article 153(1)(f) of the Treaty on the Functioning of the European Union, the Union has competence to support and complement the activities of the Member States in the field of representation and collective defence of the interests of workers and employers, including co-determination. This competence requires unanimity in the Council.
Amendment 106 #
Proposal for a directive
Recital 1 c (new)
Recital 1 c (new)
(1c) Pursuant to Article 153(5) of the Treaty on the Functioning of the European Union, pay and the right of association fall exclusively within the competence of the Member States.
Amendment 107 #
Proposal for a directive
Recital 1 d (new)
Recital 1 d (new)
(1d) Pursuant to Article 27 of the Charter of Fundamental Rights of the European Union, all workers and their representatives have the right to information and consultation in good time in the cases and under the conditions provided for by Union law and national laws and practices.
Amendment 108 #
Proposal for a directive
Recital 1 e (new)
Recital 1 e (new)
(1e) Pursuant to Article 28 of the Charter of Fundamental Rights of the European Union, all workers have the right to negotiate and conclude collective agreements at the appropriate levels and, in cases of conflicts of interest, to take collective action to defend their interests, including strike action.
Amendment 108 #
(21) Minimum wages are considered adequate if they are fair in relation to thand fair if they improve wage distribution in the country and if they provide a decent standard of living for workers and their families. The adequacy of statutory minimum wages is determined in view of the national socio- economic conditions, including employment growth, competitiveness as well as 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 used at international level, such asinternationally recognised level of 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 wages.
Amendment 111 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Pursuant to the case-law of the Court of Justice of the European Union (Joined Cases C-395/08 and C-396/08, Bruno et al), the Union can adopt procedural legislation on working conditions relating to pay, but without determining the amount of any wage item or the conditions for wage setting where these may have a direct impact on the outcome.
Amendment 115 #
Proposal for a directive
Recital 3
Recital 3
(3) The European Social Charter establishes that all workers have the right to just conditions of work. It recognises the right of all workers to a fair remuneration sufficient for a decent standard of living for themselves and their families. Article 4 of the Charter recognises the role of freely concluded collective agreements as well as of statutory minimum wage setting mechanisms, or of any other means appropriate to national conditions, to ensure the effective exercise of this right.
Amendment 116 #
Proposal for a directive
Recital 22
Recital 22
(22) To promote adequacy 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 the equipment necessary to perform a job or deductions of allowances in kind, such as accommodation, may be unjustified or disproportionate.
Amendment 119 #
Proposal for a directive
Recital 4
Recital 4
(4) Chapter II of the European Pillar of Social Rights, proclaimed at Gothenburg on 17 November 2017, establishes a set of principles to serve as a guide towards ensuring fair working conditions. Principle No 6 of the European Pillar of Social Rights reaffirms the workers’ right to fair wages that provide for a decent standard of living. It also provides that adequate minimum wages shall be ensured, in a way that provides for the satisfaction of the needs of the worker and his/her family in the light of national economic and social conditions, whilst safeguarding access to employment and incentives to seek work. Furthermore, it recalls that in-work poverty shall be prevented and that all wages shall be set in a transparent and predictable way in accordance with national practices and respecting the autonomy of the social partners.
Amendment 129 #
Proposal for a directive
Recital 28
Recital 28
(28) The reforms and measures adopted by the Member States to promote adequate minimum wage protection of workers, while being are steps in the right direction, have not been comprehensive and systematic. Moreover, individual countries may be little inclined to improve the adequacy and coverage of minimum wages because of the perception that this could negatively affect their external cost competitiveness. Since the objectives of this Directive cannot be sufficiently achieved by the Member States, but can rather, by reason of their scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with. Without prejudice to the question of the Union's competence to legislate in this area, the principle of subsidiarity as set out inof Article 5 of the Treaty on the European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectiv requires the Directive to regulate only that which, by reason of its scale or effects, cannot be sufficiently regulated by the Member States.
Amendment 134 #
Proposal for a directive
Recital 28 a (new)
Recital 28 a (new)
(28a) Without prejudice to the principle of subsidiarity, the principle of proportionality in Article 5 of the Treaty on European Union requires this Directive not to exceed what is necessary to help the Member States continue undertaking reforms and measures to promote adequate minimum wage protection for workers.
Amendment 135 #
Proposal for a directive
Recital 28 b (new)
Recital 28 b (new)
(28b) As regards the principle of proportionality in particular, the fact that the Union does not have legislative competence over the level of pay means that the Commission cannot monitor this level at Member State level.
Amendment 138 #
Proposal for a directive
Recital 29 a (new)
Recital 29 a (new)
(29a) This Directive may not create new individual obligations that fall outside of the legislative competence of the Union and within the competence of the Member States, but only a framework for setting minimum wages.
Amendment 142 #
Proposal for a directive
Recital 30 a (new)
Recital 30 a (new)
(30a) Nothing in this Directive may be interpreted in such a way that the principle of subsidiarity is not strictly applied.
Amendment 153 #
Proposal for a directive
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) settestablishing adequate levels of minimum wage procedures;
Amendment 160 #
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1a. This Directive shall be without prejudice to the exclusive competence of the Member States on remuneration and the right to association.
Amendment 161 #
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive shall be without prejudice to the choice of the Member States to set statutory minimum wages or promote access to minimum wage protection provided by collective agreementsapply to all workers in the Union who have an employment contract or employment relationship as defined by national law, national collective agreements or practices in force in each Member State.
Amendment 196 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States with statutory minimum wages shall take the necessary measures to ensure that the setting and updating of statutory minimum wages are guided by criteria set to promote adequacy with the aim to achieve decent working and living conditions, social cohesion and upward convergence, provided they enable development of the excellence and meritocracy characteristic of promotion of betterment and continual professional development. Member States shall define those criteria in accordance with their national practices, either in relevant national legislation, in decisions of the competent bodies or in tripartite agreements. The criteria shall be defined in a stable and clear way.
Amendment 214 #
Proposal for a directive
Recital 15
Recital 15
(15) This Directive establishes minimum requirementscertain criteria at Union level to ensure both that minimum wages are set at adequate levelly set and that workers have access to minimum wage protection, in the form of a statutory minimum wage or in the form of wages set under collective agreements as defined for the purpose of this Directive. The criteria established by this Directive will not prevent the Member States from establishing other criteria that may be more appropriate to their particular context.
Amendment 222 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Member States shall establish consultative bodies to advise the competent authoritiesoffer consultancy services, either through the government or through social partners, on issues related to statutory minimum wages.
Amendment 225 #
Proposal for a directive
Article 6 – title
Article 6 – title
Amendment 230 #
Proposal for a directive
Recital 16
Recital 16
(16) In full respect of Article 153(5) of the Treaty on the Functioning of the European Union, this Directive neither aims to harmonise the level of minimum wages across the Union nor to establish an uniform mechanism for setting minimum wagespay across the Union nor to alter the right of association. It does not interfere with the freedom of Member States to set statutory minimum wages or promote access to minimum wage protection provided by collective agreements, according to the traditions and specificities of each country and in full respect of national competences and social partners’ contractual freedom. This Directive does not impose an obligation on the Member States where minimum wage protection is ensured exclusively via collective agreements to introduce a statutory minimum wage nor to make the collective agreements universally applicable. Also, this Directive does not establish the level of pay, which falls within the contractual freedom of the social partners at national level and within the relevant competence of Member States.
Amendment 230 #
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 aim, provided it meets the required criteria of excellence and meritocracy.
Amendment 236 #
Proposal for a directive
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. To ensure there is no direct impact on the setting of remuneration, the possibility of establishing the variations and deductions provided for in the previous two paragraphs shall also apply in Member States in which the minimum wage is guaranteed solely through collective agreements.
Amendment 251 #
Proposal for a directive
Article 10 – paragraph 2 – point a – point i
Article 10 – paragraph 2 – point a – point i
(i) the level ofway in which the statutory minimum wage and the share of workers covered by it;has been determined,
Amendment 259 #
Proposal for a directive
Article 10 – paragraph 2 – point b – point i
Article 10 – paragraph 2 – point b – point i
(i) the distribution in deciles of such wages weighted by the share of covered workers;
Amendment 260 #
Proposal for a directive
Article 10 – paragraph 2 – point b – point iii
Article 10 – paragraph 2 – point b – point iii
Amendment 286 #
Proposal for a directive
Article 12 a (new)
Article 12 a (new)
Article 12a Small and Medium Enterprises In implementing this Directive Member States shall avoid imposing constraints and shall provide administrative, financial and legal support so that job creation through the development of micro, small and medium-sized enterprises is not hindered.
Amendment 358 #
Proposal for a directive
Recital 28
Recital 28
(28) The reforms and measures adopted by the Member States to promote adequate minimum wage protection of workers, while being are steps in the right direction, have not been comprehensive and systematic. Moreover, individual countries may be little inclined to improve the adequacy and coverage of minimum wages because of the perception that this could negatively affect their external cost competitiveness. Since the objectives of this Directive cannot be sufficiently achieved by the Member States, but can rather, by reason of their scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with. Without prejudice to the question of the Union’s competence to legislate in this area, the principle of subsidiarity as set out in Article 5 of the Treaty on the European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectiv requires the Directive to regulate only that which, by reason of its scale and effects, cannot be sufficiently regulated by the Member States.
Amendment 365 #
Proposal for a directive
Recital 28 a (new)
Recital 28 a (new)
(28a) Without prejudice to the principle of subsidiarity, the principle of proportionality in Article 5 of the Treaty on European Union requires this Directive not to exceed what is necessary to help the Member States continue undertaking reforms and measures to promote adequate minimum wage protection of workers.
Amendment 367 #
Proposal for a directive
Recital 28 b (new)
Recital 28 b (new)
(28b) With particular regard to the principle of proportionality, the fact that the Union does not have legislative competence over the level of pay means that the Commission cannot monitor this level within Member States.
Amendment 376 #
Proposal for a directive
Recital 29 a (new)
Recital 29 a (new)
(29a) This Directive cannot create new individual obligations that fall outside the legislative competence of the Union and within the competence of the Member States, but only a framework for minimum wage setting.
Amendment 381 #
Proposal for a directive
Recital 30 a (new)
Recital 30 a (new)
(30a) Nothing in this Directive can be interpreted as not strictly complying with the principle of subsidiarity.
Amendment 401 #
Proposal for a directive
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) settdeveloping adequate levels of minimum wage procedures;
Amendment 415 #
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1a. This Directive shall be without prejudice to the exclusive competence of the Member States in the field of pay and the right of association.
Amendment 440 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
This Directive applies to workers in the Union who have an employment contract or employment relationship as defined by law,their national law, national 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 657 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Member States shall establish consultative bodies to advise the competent authoritiesoffer advice, either through the authorities or through the social partners, on issues related to statutory minimum wages.
Amendment 694 #
Proposal for a directive
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. In order to prevent a direct impact on wage setting, the option of establishing variations and deductions provided for in the two preceding paragraphs shall also apply in Member States where the minimum wage is guaranteed exclusively by collective agreements.
Amendment 784 #
Proposal for a directive
Article 10 – paragraph 2 – point a – point i
Article 10 – paragraph 2 – point a – point i
(i) the level ofway in which the statutory minimum wage and the share of workers covered by ithas been determined;
Amendment 804 #
Proposal for a directive
Article 10 – paragraph 2 – point b – point i
Article 10 – paragraph 2 – point b – point i
(i) the distribution in deciles of such wages weighted by the share of covered workers;
Amendment 808 #
Proposal for a directive
Article 10 – paragraph 2 – point b – point iii
Article 10 – paragraph 2 – point b – point iii
Amendment 891 #
Proposal for a directive
Article 12 a (new)
Article 12 a (new)
Article 12a Small and medium-sized enterprises In implementing this Directive, Member States shall avoid imposing any administrative, financial and legal constraints, and shall offer support in the same areas so that job creation through the development of micro, small and medium-sized enterprises is not hindered.