24 Amendments of Romana TOMC related to 2021/0050(COD)
Amendment 229 #
Proposal for a directive
Recital 12
Recital 12
(12) In order to remove obstacles for victims of gender pay discrimination to enforce their right to equal pay and guide employers in ensuring respect of this right, the core concepts related to equal pay, such as ‘pay’ and ‘work of equal value’, should be clarified in line with the case law of the Court. This should facilitate the application of these concepts, especially for small and medium-sizedmid-cap enterprises.
Amendment 239 #
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 and disabled 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. This directive should also ensure that the specific obstacles and needs of disabled women are taken into account, in compliance with the UN Convention on the Rights of Persons with Disabilities.
Amendment 382 #
Proposal for a directive
Recital 32
Recital 32
(32) Workers should have the necessary procedures at their disposal to facilitate the exercise of their right to access justice. National legislation making use of conciliation or the intervention of an equality body compulsory or subject to incentives or penalties should not prevent parties from exercising their right of access to court. Member States should ensure that disabled women, including those under substituted decision-making mechanisms, have access to justice and remedy on an equal basis with others.
Amendment 453 #
Proposal for a directive
Recital 52
Recital 52
(52) In implementing this Directive Member States should avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of micro, small and medium-sized enterprises. Member States are therefore invited to assess the impact of their transposition act, on small and medium-sized enterprisesmid-cap companies, excluding micro, small and medium-sized enterprises (SMEs) from any legislation concerning gender pay transparency or minimum wages, in order to ensure that they are not disproportionately affected. Moreover, giving specific attention to micro- enterprises, to alleviate the administrative burden, and to and SMEs, and due to the increasing administrative burden through current legislation, a thorough analysis must be publish with the results of suchan assessments how micro-enterprises and SMEs can be sustainably relieved of 30% of their administrative workload.
Amendment 468 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive applies to employers in the public and private sectors with more than 200 employees. A presumption of appropriateness shall apply to companies that are bound by or apply collective bargaining agreements.
Amendment 470 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive applies to employers in the public and private sectors. Employers who are bound by collective wage agreements shall be subject to a presumption of appropriateness.
Amendment 573 #
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 590 #
Proposal for a directive
Article 4 – paragraph 5 a (new)
Article 4 – paragraph 5 a (new)
5a. Remuneration provisions enshrined in collective agreements that are binding upon the employer shall be subject to a presumption of appropriateness. Activities that are assigned to different remuneration brackets, based on these provisions, shall be seen as not being equal work or work of equal value, as long as the provisions are not in breach of paragraph 5 of this Article.
Amendment 614 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
The employer shall make easily accessible to its workers and workers 'representatives, including trade unions(workers’ representatives), a description of the criteria used to determine pay levels and career progression for workers. These criteria shall be gender-neutral, including all elements of pay that comprise wages or salary and all other benefits paid directly or indirectly in cash or in kind by the employer to the worker. These criteria shall be gender-neutral and in line with the criteria laid down in Article 4..
Amendment 630 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Workers in companies with more than 200 employees shall have the right to receive information on 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 4. In the case of companies that are bound by and/or apply collective bargaining agreements, a reference to the applicable collective bargaining agreement shall suffice as information.
Amendment 635 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Workers shall have the right to receive information on 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 4. In the case of employers who are bound by collective wage agreements, a reference to the applicable collective wage agreement shall suffice as information.
Amendment 652 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Employers shall provide the information referred to in paragraph 1 within a reasonable period of timetwo months upon a worker’s request. The information shall be provided in accessible formats for workers with disabilities upon their request.
Amendment 670 #
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 toincluding that of defending their right to equal pay for the sameequal work or work of equal value and not disseminate the information otherwise. Workers may share the obtained information with their workers 'representatives.
Amendment 699 #
Proposal for a directive
Article 8 – paragraph 1 – point b a (new)
Article 8 – paragraph 1 – point b a (new)
(ba) the pay gap between non-disabled female and male workers and disabled female and male workers when they have communicated their disability to the employers;
Amendment 726 #
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 734 #
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. In the case of employers who are bound by collective wage agreements, a reference to the relevant collective wage agreement shall suffice.
Amendment 746 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The employer shall publish the information referred to in paragraph 1, points (a) to (f) on an annual basis in a user-friendly way on its website or shall otherwise make it publicly available. 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. In the case of employers who are bound by collective wage agreements, the obligations in this paragraph shall apply only every five years.
Amendment 761 #
Proposal for a directive
Article 8 – paragraph 5
Article 8 – paragraph 5
Amendment 784 #
Proposal for a directive
Article 8 – paragraph 7
Article 8 – paragraph 7
7. Workers and their representatives, labour inspectorates and equality bodies shall have the right to ask the employer for additional clarifications and details regarding any of the data provided, including explanations concerning any gender pay differences. The employer shall respond to such request within a reasonable time by providing a substantiated reply. Where gender pay differences are not justified by objective and gender-neutral factors, the employer shall remedy the situation in close cooperation with the. Member States may foresee that workers’ representatives, the labour inspectorate and/or the equality body may be involved in this procedure.
Amendment 803 #
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 2500 workers conduct, in cooperation with their workers’ representatives, a joint pay assessment where both of the following conditions are met:
Amendment 821 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Employers who are bound by collective wage agreements shall be subject to a presumption of appropriateness. They are excluded from the obligations in this Article.
Amendment 1036 #
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 and in an accessible manner for disabled persons in accordance with EU harmonised accessibility legislation;
Amendment 1065 #
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
Member States shall provide the Commission (Eurostat) with up-to-date gender pay gap data annually and in a timely manner. These statistics shall be broken down by gender, economic sector, working time (full-time/part-time), economic control (public/private ownership), disability and age and be calculated on an annual basis.
Amendment 1085 #
Proposal for a directive
Article 31 – paragraph 2
Article 31 – paragraph 2
2. When informing the Commission, Member States shall also accompany it with a summary of the results of their assessment regarding the impact of their transposition act on small and medium- sizedmid-cap enterprises and a reference to where such assessment is published.