Activities of Ádám KÓSA related to 2021/0050(COD)
Plenary speeches (1)
Strengthening the application of the principle of equal pay for equal work or work of equal value between men and women (debate)
Amendments (10)
Amendment 244 #
Proposal for a directive
Recital 14
Recital 14
(14) Article 10 of the Treaty on the Functioning of the European Union provides that, in defining and implementing its policies and activities, the Union shall aim to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. Article 4 of Directive 2006/54/EC provides that there shall be no direct or indirect discrimination on grounds of sex, notably in relation to pay. Gender- based pay discrimination where a victim’s sex plays a crucial role can take many different forms in practice. It may involve an intersection of various axes of discrimination or inequality where the worker is a member of one or several groups protected against discrimination on the basis of sex, on the one hand, and racial or ethnic origin, religion or belief, disability, age or sexual orientation (as protected under Directive 2000/43/EC or Directive 2000/78/EC), on the other hand. Migrant women are among groups who face such multiple forms of discrimination. This directive should therefore clarify that, in the context of gender-based pay discrimination, such a combination should be taken into account, thus removing any doubt that may exist in this regard under the existing legal framework. This should ensure that the courts or other competent authorities take due account of any situation of disadvantage arising from intersectional discrimination, in particular for substantive and procedural purposes, including to recognise the existence of discrimination, to decide on the appropriate comparator, to assess the proportionality, and to determine, where relevant, the level of compensation awarded or penalties imposed.
Amendment 289 #
Proposal for a directive
Recital 20
Recital 20
(20) The lack of information on the envisaged pay range of a job position creates an information asymmetry which limits the bargaining power of applicants. Ensuring transparency should enable prospective workers to make an informed decision about the expected salary without limiting in any way the employer’s or worker’s bargaining power to negotiate a salary even outside the indicated range. It would also ensure an explicit and non- gender biased basis for pay setting and would disrupt the undervaluation of pay compared to skills and experience. This transparency measure would also address intersectional discrimination where non- transparent pay settings allow for discriminatory practices on several discrimination grounds. The information to be provided to applicants prior to employment, if not published in a job vacancy notice, could be provided to the applicant prior to the job interview by the employer or in a different manner, for instance by the social partners. The information must be provided in a manner that is accessible for people living with a disability.
Amendment 526 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 574 #
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
(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. The assessment shall also not be limited to workers employed at the same time as the worker concerned. Where no real comparator can be established, a comparison with a hypothetical comparator or the use of other evidence allowing to presume alleged discrimination shall be permitted.
Amendment 622 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
The employer shall make easily accessible to its workers in a convenient format a description of the criteria used to determine pay levels and career progression for workers. These criteria shall be gender- neutral.
Amendment 764 #
Proposal for a directive
Article 8 – paragraph 5
Article 8 – paragraph 5
(5) The employer shall provide the information referred to in paragraph 1, point (g) to all workers and their representatives, as well as to the monitoring body referred to in paragraph 6 in a format accessible to persons with disabilities in accordance with the harmonised accessibility legislation of the EU. It shall provide it to 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 774 #
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 (f) and to ensure that this data is public, in a format accessible to persons with disability, and allows a comparison between employers, sectors and regions of the Member State concerned in a user- friendly way.
Amendment 867 #
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 5(1), 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 doing 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 928 #
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 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, but during this process the protection of confidential information, business secrets, trade secrets and classified information must be ensured.
Amendment 1019 #
Proposal for a directive
Article 26 – paragraph 2
Article 26 – paragraph 2
(2) Each Member State shall designate a body or bodies (‘monitoring body’) for which will be tasked withe monitoring and support ofing the implementation of national legal provisions implementing this Directive and shall make the necessary arrangements for the proper functioning of suchthe monitoring body. The monitoring body may be part of existing bodies or structures at national level.