BETA

106 Amendments of Lukas MANDL related to 2021/0050(COD)

Amendment 149 #
Proposal for a directive
The European Parliament rejects the Commission proposal.
2021/10/26
Committee: EMPLFEMM
Amendment 171 #
Proposal for a directive
Recital 4
(4) Article 23 of the Charter of Fundamental Rights of the European Union provides that equality between women and men must be ensured in all areas, including employment, work and pay, where Article 51 of the Charter emphasises the due regard for the principle of subsidiarity.
2021/10/26
Committee: EMPLFEMM
Amendment 203 #
Proposal for a directive
Recital 9
(9) The gender pay gap is caused by various factors, part of which can be attributed to direct and indirect gender pay discrimination. A general lack of transparency about pay levels within organisations maintains a situation where gender-based pay discrimination and bias can go undetected or, where suspected, are difficult to prove. Binding mMeasures are therefore needed to improve pay transparency, encourage organisations to review their pay structures to ensure equal pay for women and men doing the same work or work of equal value, and enable victims of discrimination to enforce their right to equal pay. This needs to be complemented by provisions clarifying existing legal concepts (such as the concept of ‘pay’ and ‘work of equal value’) and measures improving enforcement mechanisms and access to justice, while fully respecting the different labour market models in the Member States.
2021/10/26
Committee: EMPLFEMM
Amendment 223 #
Proposal for a directive
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, 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.
2021/10/26
Committee: EMPLFEMM
Amendment 227 #
Proposal for a directive
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-sized enterprises.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 230 #
Proposal for a directive
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.
2021/10/26
Committee: EMPLFEMM
Amendment 233 #
Proposal for a directive
Recital 13
(13) The principle of equal pay for equal work or work of equal value for women and men should be respected with regard to wage or salary and any other consideration, whether in cash or in kind, which the workers receive directly or indirectly, in respect of their employment from their employer. In line with the case-law of the Court48 , the concept of ‘pay’ should comprise not only salary, but also additional benefits such as bonuses, overtime compensation, travel facilities (including cars provided by the employer and travel cards), housing allowances, compensation for attending training, payments in case of dismissal, statutory sick pay, statutory required compensation and occupational pensions. It should include all elements of remuneration due by law or collective agreement. _________________ 48 For example, Case C-58/81, Commission of the European Communities v Grand Duchy of Luxembourg, ECLI:EU:C:1982:215; Case C-171/88 Rinner-Kulhn v FWW Spezial- Gebaudereinigung GmbH, ECLI:EU:C:1989:328; Case C-147/02 Alabaster v Woolwhich plc and Secretary of State for Social Security, ECLI:EU:C:2004:192; Case C-342/93 - Gillespie and Others ECLI:EU:C:1996:46; Case C-278/93 Freers and Speckmann v Deutsche Bundepost, ECLI:EU:C:1996:83; Case C-12/81, Eileen Garland v British Rail Engineering Limited, ECLI:EU:C:1982:44; Case C-360/90, Arbeiterwohlfahrt der Stadt Berlin e.V. v Monika Bötel, ECLI:EU:C:1992:246; Case C-33/89, Maria Kowalska v Freie und Hansestadt Hamburg, ECLI: EU:C:1990:265.
2021/10/26
Committee: EMPLFEMM
Amendment 247 #
Proposal for a directive
Recital 15
(15) In order to respect the right to equal pay between men and women, employers must have pay setting mechanisms or pay structures in place ensuring that there are no pay differences between male and female workers doing the same work or work of equal value that are not justified by objective and gender-neutral factors. Such pay structures should allow for the comparison of the value of different jobs within the same organisational structure. In line with the case law of the Court, the value of work should be assessed and compared based on objective criteria, such as educational, professional and training requirements, skills, effort and responsibility, work undertaken and the nature of the tasks involved.49 _________________ 49 For example, Case C-400/93, Royal Copenhagen, ECLI:EU:C:1995:155; Case C-309/97, Angestelltenbetriebsrat der Wiener Gebietskrankenkasse, ECLI:EU:C:1999:241; Case C-381/99, Brunnhofer, ECLI:EU:C:2001:358; Case C-427/11, Margaret Kenny and Others v Minister for Justice, Equality and Law Reform and Others [2013] ECLI:EU:C:2013:122, paragraph 28.
2021/10/26
Committee: EMPLFEMM
Amendment 253 #
Proposal for a directive
Recital 15
(15) In order to respect the right to equal pay between men and women, employers must have pay setting mechanisms or pay structures in place ensuring that there are no pay differences between male and female workers doing the same work or work of equal value that are not justified by objective and gender-neutral factors. Such pay structures should allow for the comparison of the value of different jobs within the same organisational structure. In line with the case law of the Court, tThe value of work should be assessed and compared based on objective criteria, such asincluding educational, professional and training requirements, skills, effort and responsibility, work undertaken and, the nature of the tasks involved and supply and demand for the relevant skills.49 _________________ 49 For example, Case C-400/93, Royal Copenhagen, ECLI:EU:C:1995:155; Case C-309/97, Angestelltenbetriebsrat der Wiener Gebietskrankenkasse, ECLI:EU:C:1999:241; Case C-381/99, Brunnhofer, ECLI:EU:C:2001:358; Case C-427/11, Margaret Kenny and Others v Minister for Justice, Equality and Law Reform and Others [2013] ECLI:EU:C:2013:122, paragraph 28.
2021/10/26
Committee: EMPLFEMM
Amendment 256 #
Proposal for a directive
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. 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.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 266 #
Proposal for a directive
Recital 17
(17) The Court has clarified50 that in order to compare whether workers are in a comparable situation, the comparison is not necessarily limited to situations in which men and women work for the same employer. Workers may be in a comparable situation even when they do not work for the same employer whenever the pay conditions can be attributed to a single source setting up those conditions. This may be the case when pay conditions are regulated by statutory provisions or collective labour agreements relating to pay applicable to several companies, or when such conditions are laid down centrally for more than one organisation or business within a holding company or conglomerate. Furthermore, the Court clarified that the comparison is not limited to workers employed at the same time as the claimant.51 _________________ 50 Case C-320/00 Lawrence, ECLI:EU:C:2002:498. 51 Case 129/79 Macarthys, ECLI:EU:C:1980:103.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 276 #
Proposal for a directive
Recital 18
(18) Member States should develop specific tools and methodologies to support and guide the assessment of what constitutes work of equal value. This should facilitate the application of this concept, especially for small and medium- sized enterprises.
2021/10/26
Committee: EMPLFEMM
Amendment 299 #
(21) In order to disrupt the perpetuation of a pay gap between female and male workers affecting individual workers over time, employers should not be allowed to enquire about the prior pay history of the applicant for a job.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 308 #
Proposal for a directive
Recital 22
(22) Pay transparency measures should protect workers’ right to equal pay while limiting as much as possible costs and burden for employers, paying specific attention to micro and small enterprises. Where appropriate, measures should be tailored to the size of employers taking into account employers’ headcount.
2021/10/26
Committee: EMPLFEMM
Amendment 315 #
Proposal for a directive
Recital 23
(23) Employers should make accessible to workers 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.
2021/10/26
Committee: EMPLFEMM
Amendment 328 #
Proposal for a directive
Recital 25
(25) Employers with at least 2500 workers 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).
2021/10/26
Committee: EMPLFEMM
Amendment 329 #
Proposal for a directive
Recital 25
(25) Employers with at least 250 0 workers 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).
2021/10/26
Committee: EMPLFEMM
Amendment 344 #
Proposal for a directive
Recital 27
(27) To reduce the burden on employers, Member States could decide to gather and interlink the necessary data through their national administrations allowing for a computation of the pay gap between female and male workers per employer. Such data gathering may require interlinking data from several public administrations (such as tax inspectorates and social security offices) and would be possible if administrative data matching employers’ (company/organisational level) to workers’ (individual level) data, including benefits in cash and in-kind, are available. Member States could decide to gather this information not only for those employers covered by the pay reporting obligation under this Directive, but also with regard to small and medium-sized enterprises. The publication of the required information by Member States should replace the obligation of pay reporting on those employers covered by the administrative data provided that the result intended by the reporting obligation is achieved.
2021/10/26
Committee: EMPLFEMM
Amendment 363 #
Proposal for a directive
Recital 29
(29) Joint pay assessments should trigger the review and revision of pay structures in organisations with at least 2500 workers that show pay inequalities. The joint pay assessment should be carried out by employers in cooperation with workers’ representatives; if workers’ representatives are absent, they should be designated for this purpose. Joint pay assessments should lead to the elimination of gender discrimination in pay.
2021/10/26
Committee: EMPLFEMM
Amendment 364 #
Proposal for a directive
Recital 29
(29) Joint pay assessments should trigger the review and revision of pay structures in organisations with at least 2500 workers that show pay inequalities. The joint pay assessment should be carried out by employers in cooperation with workers’ representatives; if workers’ representatives are absent, they should be designated for this purpose. Joint pay assessments should lead to the elimination of gender discrimination in pay.
2021/10/26
Committee: EMPLFEMM
Amendment 405 #
Proposal for a directive
Recital 38
(38) Following the case law of the Court55 , Directive 2006/54/EC established provisions to ensure that the burden of proof shifts to the defendant when there is a prima facie case of discrimination. Member States should not be prevented from introducing, at any appropriate stage of the proceedings, rules of evidence which are more favourable to workers making a claim. In any legal or administrative proceedings concerning direct or indirect discrimination, in case the employer did not comply with the pay transparency obligations set out by the Directive, the burden of proof should be automatically shifted to the defendant, irrespective of the worker showing a prima facie case of pay discrimination. _________________ 55 Case C-109/88, Handels- og Kontorfunktionærernes Forbund I Danmark v Dansk Arbejdsgiverforening, acting on behalf of Danfoss, ECLI:EU:C:1989:383.
2021/10/26
Committee: EMPLFEMM
Amendment 406 #
Proposal for a directive
Recital 39
(39) Although it is necessary only to establish a presumption of discrimination before the burden of proof shifts to the employer, it is not always easy for victims and courts to know how to establish even that presumption. Pay transparency measures have the potential to support the use of the reversal of the burden of proof, by helping workers determine the average pay levels for women and men performing the same work or work of equal value. Enabling workers to provide prima facie evidence which allows discrimination to be presumed would swiftly trigger the reverse burden of proof to the benefit of the worker.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 410 #
Proposal for a directive
Recital 40
(40) In accordance with the case-law of the Court, nNational 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 three years.
2021/10/26
Committee: EMPLFEMM
Amendment 419 #
Proposal for a directive
Recital 41
(41) Litigation costs create a serious disincentive for victims of gender pay discrimination to claim their right to equal pay, leading to insufficient protection and enforcement of the right to equal pay. In order to remove this strong procedural obstacle to justice, successful claimants should be allowed to recover their procedural costs from the defendant. On the other hand, claimants should not be liable for successful defendant’s proceedings costs unless the claim was brought in bad faith, was clearly frivolous or if the non-recovery by the defendant would be considered unreasonable by the courts or other competent authorities under the specific circumstances of the case, for instance having regard to the financial situation of micro-enterprises.
2021/10/26
Committee: EMPLFEMM
Amendment 424 #
Proposal for a directive
Recital 41
(41) Litigation costs create a serious disincentive for victims of gender pay discrimination to claim their right to equal pay, leading to insufficient protection and enforcement of the right to equal pay. In order to remove this strong procedural obstacle to justice, successful claimants should be allowed to recover their procedural costs from the defendant. On the other hand, claimants should not be liable for successful defendant’s proceedings costs unless the claim was brought in bad faith, was clearly frivolous or if the non-recovery by the defendant would be considered unreasonable by the courts or other competent authorities under the specific circumstances of the case, for instance having regard to the financial situation of micro-enterprises.
2021/10/26
Committee: EMPLFEMM
Amendment 447 #
Proposal for a directive
Recital 50
(50) This Directive aims at a better and more effective implementation of the principle of equal pay for equal work or work to which equal value is attributed between men and women through the establishment of common minimum requirementsa framework which should apply to all undertakings and organisations across the European Union. Since this objective cannot be sufficiently achieved by the Member States and should therefore be achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Directive, which limits itself to setting minimum standards, does not go beyond what is necessary in order to achieve that objective.
2021/10/26
Committee: EMPLFEMM
Amendment 452 #
Proposal for a directive
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 publis and SMEs, and due to the increasing administrative burden through current legislation, a thorough analysis must be published with the results of suchan assessments how micro-enterprises and SMEs can be sustainably relieved of 30% of their administrative workload.
2021/10/26
Committee: EMPLFEMM
Amendment 464 #
Proposal for a directive
Article 1 – paragraph 1
This Directive lays down minimum requirementsa framework 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 laid down in Article 4 of Directive 2006/54/EC, in particular through pay transparency and reinforced enforcement mechanisms.
2021/10/26
Committee: EMPLFEMM
Amendment 480 #
Proposal for a directive
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.
2021/10/26
Committee: EMPLFEMM
Amendment 481 #
Proposal for a directive
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.
2021/10/26
Committee: EMPLFEMM
Amendment 482 #
Proposal for a directive
Article 2 – paragraph 2 a (new)
2a. Member States with labour market models where autonomous labour market parties are responsible for wage formation shall have the option not to apply this Directive, either totally or in part, provided that there is, in the view of the Member State, sufficient support for this among representative social partners at national level.
2021/10/26
Committee: EMPLFEMM
Amendment 483 #
Proposal for a directive
Article 2 – paragraph 2 a (new)
2a. This Directive shall not be applicable to employers bound by a collective agreement setting pay levels respecting the principle of equal work.
2021/10/26
Committee: EMPLFEMM
Amendment 487 #
(c) ‘pay gap’ means the difference of average pay levels between female and male workers of the employer, expressed as percentage of the average pay level of male workers;deleted
2021/10/26
Committee: EMPLFEMM
Amendment 492 #
(d) ‘median pay level’ means the pay of the worker that would have half of the workers earn more and half less than they do;deleted
2021/10/26
Committee: EMPLFEMM
Amendment 493 #
Proposal for a directive
Article 3 – paragraph 1 – point e
(e) ‘median pay gap’ means the difference between the median pay level of female and median pay level of male workers expressed as percentage of the median pay level of male workers;deleted
2021/10/26
Committee: EMPLFEMM
Amendment 496 #
Proposal for a directive
Article 3 – paragraph 1 – point f
(f) ‘quartile pay band’ means each of four equal groups of workers into which they are divided according to their pay levels – from the lowest to the highest;deleted
2021/10/26
Committee: EMPLFEMM
Amendment 504 #
Proposal for a directive
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 bygrouped by their respective employers in accordance with national law, collective bargaining agreements, and other relevant practices in the Memployer concerned;ber State.
2021/10/26
Committee: EMPLFEMM
Amendment 533 #
Proposal for a directive
Article 4 – paragraph 1
1. Member States shall take the necessary measures to ensure that employers have pay structures in place ensuring that women and men are paid equally for the same work or work of equal value. Where wage setting is ensured via collective agreements between social partners member states may entrust the social partners to ensure that women and men are paid equally for the same work or work of equal value.
2021/10/26
Committee: EMPLFEMM
Amendment 539 #
Proposal for a directive
Article 4 – paragraph 1
1. Member States shall take the necessary measures to ensure that employers have pay structures in place ensuring that women and men are paid equally for the same work or work of equal value performed for the same employer.
2021/10/26
Committee: EMPLFEMM
Amendment 542 #
Proposal for a directive
Article 4 – paragraph 1
1. Member States shall take the necessary measures to ensure that employers have pay structures in place ensuring that women and men are paid equally for the same work or work of equal value.
2021/10/26
Committee: EMPLFEMM
Amendment 553 #
Proposal for a directive
Article 4 – paragraph 2
2. Member States shall take the necessary measures ensuring that tools or methodologies are establishedguidance to assess and compare the value of work in line with the criteria set out in this Article. These tools or methodologiesis guidance may include gender-neutral job evaluation and classification systems.
2021/10/26
Committee: EMPLFEMM
Amendment 566 #
Proposal for a directive
Article 4 – paragraph 3
3. The tools or methodologiesAn overall assessment according to this guidance shall allow assessing, in regard to the value of work, whether workers are in a comparable situation, on the basis of objective criteria which shallmay include educational, professional and training requirements, skills, effort and responsibility, work undertaken and the nature of the tasks involved and similar criteria defined in national law and collective bargaining agreements. They shall not contain or be based on criteria which are based, whether directly or indirectly, on workers’ sex.
2021/10/26
Committee: EMPLFEMM
Amendment 570 #
Proposal for a directive
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 regarding the requirements of the work which shall include educational, professional and training requirements, skills, effort and responsibility, work undertaken and the nature of the tasks involved and work undertaken. They shall not contain or be based on criteria which are based, whether directly or indirectly, on workers’ sex.
2021/10/26
Committee: EMPLFEMM
Amendment 571 #
Proposal for a directive
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.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 572 #
Proposal for a directive
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.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 594 #
Proposal for a directive
Article 5 – paragraph 1
1. Applicants for employment shall have the right to receive from the prospective employer information about the initial pay level or its range, based on objective, gender-neutral criteria, 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.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 599 #
Proposal for a directive
Article 5 – paragraph 1
1. Applicants for employment shall have the right to receive from the prospective employer information about the initial pay level or its range, based on objective, gender-neutral criteria, 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 toprovided upon request it.
2021/10/26
Committee: EMPLFEMM
Amendment 605 #
Proposal for a directive
Article 5 – paragraph 2
2. An employer shall not, orally or in writing, personally or through a representative, ask applicants about their pay history during their previous employment relationships.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 606 #
Proposal for a directive
Article 5 – paragraph 2
2. An employer shall not, orally or in writing, personally or through a representative, ask applicants about their pay history during their previous employment relationships.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 617 #
Proposal for a directive
Article 6 – paragraph 1
The employer shall make easily accessible to its workers a description of the criteria used to determine pay levels and career progression for worker, whereby Member States shall give specific attention to micro-enterprises and SMEs. These criteria shall be gender-neutral.
2021/10/26
Committee: EMPLFEMM
Amendment 621 #
Proposal for a directive
Article 6 – paragraph 1
The employer shall make easily accessible to its workers a description of the criteria used to determine pay levels and career progression for workers. These criteria shall be gender-neutral and in accordance with national law and practices.
2021/10/26
Committee: EMPLFEMM
Amendment 632 #
Proposal for a directive
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.
2021/10/26
Committee: EMPLFEMM
Amendment 640 #
Proposal for a directive
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 sexpay differences and differences in median pay, broken down by sex in the pay statistics, for categories of workers doing the same work as them or work of equal value to theirs for the same employer, in accordance with paragraphs 3 and 4.
2021/10/26
Committee: EMPLFEMM
Amendment 644 #
Proposal for a directive
Article 7 – paragraph 2
2. Employers shall inform all workers, on an annual basis, of their right to receive the information referred to in paragraph 1.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 646 #
Proposal for a directive
Article 7 – paragraph 2
2. Employers shall inform all workers, on an annual basiswithin a reasonable time frame, of their right to receive the information referred to in paragraph 1.
2021/10/26
Committee: EMPLFEMM
Amendment 661 #
Proposal for a directive
Article 7 – paragraph 4
4. Workers shall have the possibility to request the information referred to in paragraph 1 through their representatives or an equality body.
2021/10/26
Committee: EMPLFEMM
Amendment 674 #
Proposal for a directive
Article 8 – paragraph 1 – introductory part
1. Employers with at least 250 workers shall provide the following information concerning their organisation, in accordance with paragraphs 2, 3, and 5:Member States shall, with regard to their respective labour market models and traditions, take appropriate measures to ensure that employers with at least 500 workers map the pay gap between men and women in the different categories of workers.
2021/10/26
Committee: EMPLFEMM
Amendment 676 #
Proposal for a directive
Article 8 – paragraph 1 – introductory part
1. Employers with at least 2500 workers shall provide the following information concerning their organisation, in accordance with paragraphs 2, 3, and 5:
2021/10/26
Committee: EMPLFEMM
Amendment 689 #
Proposal for a directive
Article 8 – paragraph 1 – point a
(a) the pay gap between all female and male workers;deleted
2021/10/26
Committee: EMPLFEMM
Amendment 696 #
Proposal for a directive
Article 8 – paragraph 1 – point b
(b) the pay gap between all female and male workers in complementary or variable components;deleted
2021/10/26
Committee: EMPLFEMM
Amendment 701 #
Proposal for a directive
Article 8 – paragraph 1 – point c
(c) the median pay gap between all female and male workers;deleted
2021/10/26
Committee: EMPLFEMM
Amendment 708 #
Proposal for a directive
Article 8 – paragraph 1 – point d
(d) the median pay gap between all female and male workers in complementary or variable components;deleted
2021/10/26
Committee: EMPLFEMM
Amendment 712 #
Proposal for a directive
Article 8 – paragraph 1 – point e
(e) the proportion of female and male workers receiving complementary or variable components;deleted
2021/10/26
Committee: EMPLFEMM
Amendment 714 #
Proposal for a directive
Article 8 – paragraph 1 – point f
(f) the proportion of female and male workers in each quartile pay band;deleted
2021/10/26
Committee: EMPLFEMM
Amendment 717 #
Proposal for a directive
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.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 721 #
Proposal for a directive
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. In the case of companies that are bound by and/or apply collective bargaining agreements, reference to the relevant collective bargaining agreement shall suffice.
2021/10/26
Committee: EMPLFEMM
Amendment 739 #
Proposal for a directive
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.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 747 #
Proposal for a directive
Article 8 – paragraph 3
3. The employer shall publish the information referred to in paragraph 1, points (a) to (f) on an annual basievery three years, collectively bargained companies every five years 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.
2021/10/26
Committee: EMPLFEMM
Amendment 752 #
Proposal for a directive
Article 8 – paragraph 4
4. Member States may decide to compile the information set out in paragraph 1, points (a) to (f) 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.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 760 #
Proposal for a directive
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. 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.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 762 #
Proposal for a directive
Article 8 – paragraph 5
5. The employer shall provide the information referred to in paragraph 1, point (g) to all workers and, their trade union representatives, as well as to the monitoring body referred to in paragraph 6. It shall provide it to the labour inspectorate and the equality body upon their request. T or the trade union with which the employer has struck a collective bargaining agreement. The employer shall, upon request, provide the information fromto the previous four years,monitoring body appointed ifn available, shall also be provided upon requestccordance with article 26 of this directive.
2021/10/26
Committee: EMPLFEMM
Amendment 772 #
Proposal for a directive
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 and allows a comparison between employers, sectors and regions of the Member State concerned in a user- friendly way.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 773 #
Proposal for a directive
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 and allows a comparison between employers, sectors and regions of the Member State concerned in a user- friendly way.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 781 #
Proposal for a directive
Article 8 – paragraph 7
7. Workers and their representatives, labour inspectThose entitled to informates and equality bodiesion from the employer pursuant to article 2 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 workers’ representatives, the labour inspectorate and/or the equality bodytake appropriate measures.
2021/10/26
Committee: EMPLFEMM
Amendment 785 #
Proposal for a directive
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.
2021/10/26
Committee: EMPLFEMM
Amendment 787 #
Proposal for a directive
Article 8 – paragraph 7
7. Workers and their representatives, and 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 workers’ representatives, the labour inspectorate and/or the equality body.
2021/10/26
Committee: EMPLFEMM
Amendment 794 #
Proposal for a directive
Article 9 – paragraph 1
1. Member States shall take appropriate measures to ensure that employers with at least 250 workers conduct, in cooperation with their workers’ representatives, a joint pay assessment where both of the following conditions are met: (a) the pay reporting conducted in accordance with Article 8 demonstrates a difference of average pay level between female and male workers of at least 5 per cent in any category of workers; (b) the employer has not justified such difference in average pay level by objective and gender-neutral factors.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 801 #
Proposal for a directive
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:
2021/10/26
Committee: EMPLFEMM
Amendment 822 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
1 a. A presumption of appropriateness applies to companies that are bound by or apply collective bargaining agreements.
2021/10/26
Committee: EMPLFEMM
Amendment 823 #
Proposal for a directive
Article 9 – paragraph 2
2. The joint pay assessment shall include the following: (a) an analysis of the proportion of female and male workers in each category of workers; (b) detailed information on average female and male workers’ pay levels and complementary or variable components for each category of workers; (c) identification of any differences in pay levels between female and male workers in each category of workers; (d) the reasons for such differences in pay levels and objective, gender-neutral justifications, if any, as established jointly by workers’ representatives and the employer; (e) measures to address such differences if they are not justified on the basis of objective and gender-neutral criteria; (f) a report on the effectiveness of any measures mentioned in previous joint pay assessments.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 841 #
Proposal for a directive
Article 9 – paragraph 3
3. Employers shall make the joint pay assessments available to workers, workers’ representatives, the monitoring body designated pursuant to Article 26, the equality body and the labour inspectorate.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 847 #
Proposal for a directive
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 workers 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.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 851 #
Proposal for a directive
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 workers 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 within a reasonable time frame. 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.
2021/10/26
Committee: EMPLFEMM
Amendment 853 #
Proposal for a directive
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 workers 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.
2021/10/26
Committee: EMPLFEMM
Amendment 885 #
Proposal for a directive
Article 13
Procedures on behalf or in support of 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, 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. 2. Equality bodies and workers’ representatives shall also have the right to act on behalf or in support of several workers, with the latter’s approval.Article 13 deleted workers
2021/10/26
Committee: EMPLFEMM
Amendment 902 #
Proposal for a directive
Article 14 – paragraph 2
2. The compensation or reparation referred to in paragraph 1 shall ensure real and effective compensation for the loss and damage sustained, in a way which is dissuasive and proportionate to the damage suffered.
2021/10/26
Committee: EMPLFEMM
Amendment 906 #
Proposal for a directive
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 arrearshad occurred.
2021/10/26
Committee: EMPLFEMM
Amendment 912 #
Proposal for a directive
Article 15 – paragraph 1 – point a
(a) an injunction order establishing 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 and stopping the infringement;deleted
2021/10/26
Committee: EMPLFEMM
Amendment 915 #
Proposal for a directive
Article 16 – paragraph 1
1. Member States shall take the appropriate measures, in accordance with their national judicial systems, to ensure that, when workers who consider themselves wronged because the principle of equal pay has not been applied to them, establish before a court or other competent authority, facts from which it may be presumed that there has been direct or indirect discrimination, it shall be for the defendant to prove that there has been no direct or indirect discrimination in relation to pay.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 918 #
Proposal for a directive
Article 16 – paragraph 2
2. Member States shall ensure that, in any legal or administrative proceedings concerning direct or indirect discrimination, where an employer failed to comply with any of the rights or obligations related to pay transparency set out in Articles 5 through 9 of this Directive, it shall be for the employer to prove that there has been no such discrimination.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 921 #
2. Member States shall ensure that, in any legal or administrative proceedings concerning direct or indirect discrimination, where an employer failed to comply with any of the rights or obligations related to pay transparency set out in Articles 5 through 9 of this Directive, it shall be for the employere to prove that there has been no such discrimination.
2021/10/26
Committee: EMPLFEMM
Amendment 922 #
Proposal for a directive
Article 16 – paragraph 3
3. The claimant shall benefit from any doubt that might remain.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 923 #
Proposal for a directive
Article 16 – paragraph 3
3. The claimant shall benefit from any doubt that might remain.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 932 #
Proposal for a directive
Article 17 – paragraph 2
2. Member States shall ensure that national courts have the power to order the disclosure of evidence containing confidential information where they consider it relevant to the claim. They shall ensure that, when ordering the disclosure of such information, national courts have at their disposal effective measures to protect such information.
2021/10/26
Committee: EMPLFEMM
Amendment 935 #
Proposal for a directive
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 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.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 936 #
Proposal for a directive
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 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.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 939 #
Proposal for a directive
Article 18 – paragraph 3
3. Member States shall ensure that the limitation periods for bringing claims are set at three years at least.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 948 #
Proposal for a directive
Article 18 – paragraph 4
4. Member States shall ensure that a limitation period is suspended or, depending on national law, interrupted, as soon as a claimant undertakes action by lodging a claim or bringing the claim to the attention of the employer, workers’ representatives, labour inspectorate or equality body.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 949 #
Proposal for a directive
Article 18 – paragraph 4
4. Member States shall ensure that a limitation period is suspended or, depending on national law, interrupted, as soon as a claimant undertakes action by lodging a claim or bringing the claim to the attention of the employer, workers’ representatives, labour inspectorate or equality body.
2021/10/26
Committee: EMPLFEMM
Amendment 952 #
Proposal for a directive
Article 19
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.Article 19 deleted Legal and judicial costs
2021/10/26
Committee: EMPLFEMM
Amendment 953 #
Proposal for a directive
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.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 967 #
Proposal for a directive
Article 20 – paragraph 1
1. Member States shall lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, and proportionate and dissuasive. Member States shall, without delay, notify the Commission of those rules and of those measures and of any subsequent amendment affecting them.
2021/10/26
Committee: EMPLFEMM
Amendment 975 #
Proposal for a directive
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 same work or work of equal value. They shall set a minimum level for such fines ensuring real deterrent effect. The level of the fines shallmay take into account:
2021/10/26
Committee: EMPLFEMM
Amendment 1031 #
Proposal for a directive
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;deleted
2021/10/26
Committee: EMPLFEMM
Amendment 1057 #
Proposal for a directive
Article 27 – paragraph 1
This Directive shall not affect in any way the right to negotiate, conclude and enforce collective agreements and to take collective action in accordance with national law or practice. Collectively agreed pay regulations shall be subject to the presumption that discrimination on the basis of gender is excluded. Activities which are assigned to different remuneration groups on the basis of collective bargaining agreements shall not be regarded as equal or equivalent.
2021/10/26
Committee: EMPLFEMM
Amendment 1084 #
Proposal for a directive
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.
2021/10/26
Committee: EMPLFEMM