39 Amendments of Abir AL-SAHLANI related to 2020/0310(COD)
Amendment 88 #
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 wages. 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. The purpose of this Directive is not to impose any obligation for Member States to take measures demanding the introduction of statutory minimum wages or measures implying that the social partners have an equivalent obligation. This Directive does not oblige Member States to grant access to minimum wage protection to all workers. Such an obligation would directly interfere with Article 153(5) of the Treaty on the Functioning of the European Union. Nothing in this Directive should be construed as creating rights for individuals.
Amendment 110 #
Proposal for a directive
Recital 2
Recital 2
(2) Article 28 of the Charter of Fundamental Rights of the European Union36 provides for the right of workers and employers, or their respective organisations, in accordance with Union law and national laws and practices, 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. Article 31 of the Charter of Fundamental Rights of the European Union367 provides for the right of every worker to working conditions which respect his or her health, safety and dignity. __________________ 36Charter of Fundamental Rights of the European Union, 2012/C 326/02 OJEU C326/391 of 26.10.2012. 37 Charter of Fundamental Rights of the European Union, 2012/C 326/02 OJEU C326/391 of 26.10.2012.
Amendment 126 #
Proposal for a directive
Recital 5
Recital 5
(5) Guideline 5 of Council Decision 2020/ 1512/EU on guidelines for the employment policies of the Member States37 calls on Member States to ensure an effective involvement of social partners in wage-setting, providing for fair wages that enable a decent standard of living and allowing for an adequate responsiveness of wages to productivity developments, with a view to upward convergence. The Guideline also calls on Member States to promote social dialogue and collective bargaining on wage setting. It also calls on Member States and the social partners to ensure that all workers have adequate and fair wages by benefitting from collective agreements or adequate statutory minimum wages, and taking into account their impact on competitiveness, job creation and in- work poverty. The Annual Sustainable Growth Strategy 202138 states that Member States should adopt measures to ensure fair working conditions. In addition, the Annual Sustainable Growth Strategy 202039 recalled that in the context of growing social divides, it is important to ensure that each worker earns an adequate wage. Several Country Specific Recommendations have also been issued to some Member States in the field of minimum wages. However, individual countries may be little inclined to improve their minimum wage settings because of the perception that this could negatively affect their external cost competitiveness. __________________ 37Council Decision 2020/1512/EU of 13 October 2020 on guidelines for the employment policies of the Member States (OJ L 344, 19.10.2020, p. 22–28). 38 Commission Communication COM(2020) 575 final. 39 Commission Communication COM(2019) 650 final.
Amendment 136 #
Proposal for a directive
Recital 29
Recital 29
(29) This Directive lays down minimum requirements, thus leaving untouched Member States' prerogative to introduce and maintain more favourable provisions. Rights acquired under the existing national legal framework in Sweden and Denmark should continue to apply, unless more favourable provisions are introduced by in accordance to the derogation in Article 1(3) and Article 16(2) of this Directive. The implementation of this Directive cannot be used to reduce existing rights for workers, nor can it constitute valid grounds for reducing the general level of protection afforded to workers in the field covered by this Directive.
Amendment 148 #
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
1. With a view to improving working and living conditions in the Union, this Directive establishes a framework for the promotion of:
Amendment 152 #
Proposal for a directive
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) setting adequate levels ofthe adequacy of statutory minimum wages;
Amendment 158 #
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1
Article 1 – paragraph 1 – subparagraph 1
This Directive shall be without prejudice to the full respect of Member States national law and legal labour market tradition and practise while ensuring the autonomy of social partners, as well as their right to negotiate and conclude collective agreements.
Amendment 165 #
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
3. Nothing in this Directive shall be construed as imposing an obligation on the Member States where wage setting is ensured exclusivemainly via collective agreements to introduce a statutory minimum wage nor to make the collective agreements universally applicable or affect the contractual freedom of the social partners to negotiate, monitor and set wages through collective agreements. This Directive does not oblige Member States to grant access to minimum wage protection to all workers, nor shall it create any obligation on the Member States as regards the level or conditions for the setting of wages.
Amendment 167 #
Proposal for a directive
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3 a. Nothing in this Directive shall be construed as creating rights for individuals.
Amendment 175 #
Proposal for a directive
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
For the purposes of this Directive, the following definitions apply while respecting Member States national law and legal labour market practice:
Amendment 179 #
Proposal for a directive
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘collective bargaining’ means all negotiations which tanegotiations which take place in accordance to Member States national law and legal labour market plaractice: between an employer, a group of employers or one or more employers’ organisations, on the one hand, and one or more workers’ organisations, on the other, for determining working conditions and terms of employment; and/or regulating relations between employers and workers; and/or regulating relations between employers or their organisations and a worker organisation or worker organisations;
Amendment 203 #
Proposal for a directive
Recital 13
Recital 13
(13) While strong collective bargaining at sector or cross-industry level contributes to ensuring adequate minimum wage protection, traditional collective bargaining structures have bseen erodinga declining trend during the last decades, in part due to structural shifts in the economy towards less unionised sectors and to the decline in trade union membership related to inter alia the increase of atypical and new forms of work.
Amendment 205 #
Proposal for a directive
Article 5 – paragraph 2 – introductory part
Article 5 – paragraph 2 – introductory part
2. The national criteria referred to in paragraph 1 shall include at least the following elementwhose relevance and relative weight shall be decided by Member States in accordance with their prevailing national socio-economic conditions:
Amendment 225 #
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 wages. 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. The purpose of this Directive is not to impose any obligation for Member States to take measures demanding the introduction of statutory minimum wages or measures implying that the social partners have an equivalent obligation. This Directive does not oblige Member States to grant access to minimum wage protection to all workers. Such an obligation would directly interfere with Article 153(5) of the Treaty on the Functioning of the European Union. Nothing in this Directive should be construed as creating rights for individuals.
Amendment 246 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
Amendment 278 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall ensure that, without prejudice to specific forms of redress and dispute resolution provided for, where applicable, in collective agreements, workers, including those whose employment relationship has ended, have access to effective and impartial dispute resolution and a right to redress, including adequate compensation, in the case of infringements of their rightsexisting national law or collective agreements provide for relating to statutory minimum wages or minimum wage protection provided by collective agreements and such rights have been infringed.
Amendment 282 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Member States shall take the measures necessary to protect workers, including those who are workers’ representatives, from any adverse treatment by the employer and from any adverse consequences resulting from a complaint lodged with the employer or resulting from any proceedings initiated with the aim of enforcing compliance with the rights relating to statutory minimum wages or minimum wage protection provided by collective agreementsprovided for in existing national law or collective agreements relating to minimum wage protection.
Amendment 289 #
Proposal for a directive
Article 16 – title
Article 16 – title
Non-regression, derogation and more favourable provisions
Amendment 292 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. TMember States where wage setting is ensured mainly via collective agreements shall be derogated from this Directive; while this Directive shall not affect Member States’ prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to workers or to encourage or permit the application of collective agreements which are more favourable to workers.
Amendment 372 #
Proposal for a directive
Recital 29
Recital 29
(29) This Directive lays down minimum requirements, thus leaving untouched Member States' prerogative to introduce and maintain more favourable provisions. Rights acquired under the existing national legal framework in Sweden and Denmark should continue to apply, unless more favourable provisions are introduced by in accordance to the derogation in Article 1(3) and Article 16(2) of this Directive. The implementation of this Directive cannot be used to reduce existing rights for workers, nor can it constitute valid grounds for reducing the general level of protection afforded to workers in the field covered by this Directive.
Amendment 389 #
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
1. With a view to improving working and living conditions in the Union, this Directive establishes a framework for the promotion of:
Amendment 400 #
Proposal for a directive
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) setting adequate levels ofimproving the adequacy of statutory minimum wages;
Amendment 409 #
Proposal for a directive
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) access of workers to minimum wage protection, in the form of wages set out byby promoting access to collective agreementsbargaining or in the form of a statutory minimum wage in Member States where it exists.
Amendment 413 #
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1
Article 1 – paragraph 1 – subparagraph 1
This Directive shall be without prejudice to the full respect of Member States national law and legal labour market tradition and practise while ensuring the autonomy of social partners, as well as their right to negotiate and conclude collective agreements.
Amendment 421 #
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
3. Nothing in this Directive shall be construed as imposing an obligation on the Member States where wage setting is ensured exclusivemainly via collective agreements to introduce a statutory minimum wage nor to make the collective agreements universally applicable or affect the contractual freedom of the social partners to negotiate, monitor and set wages through collective agreements. This Directive does not oblige Member States to grant access to minimum wage protection to all workers, nor shall it create any obligation on the Member States as regards the level or conditions for the setting of wages.
Amendment 430 #
Proposal for a directive
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. Nothing in this Directive shall be construed as creating rights for individuals.
Amendment 445 #
Proposal for a directive
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
For the purposes of this Directive, the following definitions apply while respecting Member States national law and legal labour market practice:
Amendment 455 #
Proposal for a directive
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘collective bargaining’ means all negotiations which take place in accordance to Member States national law and legal labour market practice: between an employer, a group of employers or one or more employers’ organisations, on the one hand, and one or more workers’ organisations, on the other, for determining working conditions and terms of employment; and/or regulating relations between employers and workers; and/or regulating relations between employers or their organisations and a worker organisation or worker organisations;
Amendment 460 #
Proposal for a directive
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘collective bargaining’ means all negotiations which take place in accordance with national law and practice between an employer, a group of employers or one or more employers’ organisations, on the one hand, and one or morea group of workers’ organisat one or more trade unions , on the other, for determining working conditions and terms of employment; and/or regulating relations between employers and workers; and/or regulating relations between employers or their organisations and a worker organisation or worker organisats or their trade unions;
Amendment 549 #
Proposal for a directive
Article 5 – title
Article 5 – title
Adequacy of statutory minimum wages
Amendment 558 #
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 their 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 and prevent and combat in-work poverty. Member States shall define those criteria in accordance with their national practices and socio- economic conditions, 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 573 #
Proposal for a directive
Article 5 – paragraph 2 – introductory part
Article 5 – paragraph 2 – introductory part
2. The national criteria referred to in paragraph 1 shall include at least the following elementwhose relevance and relative weight shall be decided by Member States in accordance with their prevailing national socio-economic conditions:
Amendment 574 #
Proposal for a directive
Article 5 – paragraph 2 – introductory part
Article 5 – paragraph 2 – introductory part
2. The national criteria referred to in paragraph 1 shall include at least the following elements whose relative weight shall be decided by Member States:
Amendment 755 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
Amendment 863 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall ensure that, without prejudice to specific forms of redress and dispute resolution provided for, where applicable, in collective agreements, workers, including those whose employment relationship has ended, have access to effective and impartial dispute resolution and a right to redress, including adequate compensation, in the case of infringements of their rightsexisting national law or collective agreements provide for relating to statutory minimum wages or minimum wage protection provided by collective agreements and such rights have been infringed.
Amendment 880 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Member States shall take the measures necessary to protect workers, including those who are workers’ representatives, from any adverse treatment by the employer and from any adverse consequences resulting from a complaint lodged with the employer or resulting from any proceedings initiated with the aim of enforcing compliance with the rights relating to statutory minimum wages or minimum wage protection provided by collective agreements.provided for in existing national law or collective agreements relating to minimum wage protection
Amendment 892 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States may entrustshall, in accordance with their national law and practice, take adequate measures to ensure the effective involvement of the social partners with the implementation of this Directivea view to implementing this Directive and may entrust the social partners with its implementation, where the social partners jointly request to do so. In so doing, the Member States shall take all necessary steps to ensure that the results sought by this Directive are guaranteed at all times.
Amendment 902 #
Proposal for a directive
Article 16 – title
Article 16 – title
Non-regression, derogation and more favourable provisions
Amendment 907 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. TMember States where wage setting is ensured mainly via collective agreements shall be derogated from this Directive; while this Directive shall not affect Member States’ prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to workers or to encourage or permit the application of collective agreements which are more favourable to workers.