19 Amendments of Abir AL-SAHLANI related to 2021/0050(COD)
Amendment 465 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down minimum requirements to strengthenestablishes a framework to promote 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.
Amendment 472 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive shall gradually appliesy to employers in the public and private sectors.
Amendment 479 #
Proposal for a directive
Article 2 – paragraph 2
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.
Amendment 503 #
Proposal for a directive
Article 3 – paragraph 1 – point g
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 by the employer concernedwho are grouped by the workers’ employer with respect to applicable law, collective agreement or other provisions in each Member State with regard to workers performing the same work or work of equal value;
Amendment 540 #
Proposal for a directive
Article 4 – paragraph 1
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 at the same employer
Amendment 554 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall take the necessary measures ensuring that tools or methodologies are established to assess andogether with social partners take appropriate measures ensuring adequate guidance to assess and when possible compare the value of work in line with the criteria set out in this Article. These tools or methodologierecommendations may include gender-neutral job evaluation and classification systems.
Amendment 567 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The tools or methodologies shall allow assessingAn overall assessment according to this guidance, 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 or similar criteria laid down by national law or by collective agreement. They shall not contain or be based on criteria which are based, whether directly or indirectly, on workers’ sex.
Amendment 624 #
Proposal for a directive
Article 6 – paragraph 1
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.
Amendment 641 #
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 levelspay gap and median pay gap, broken down by sex, for categories of workers doing the same work as them or work of equal value to theirin the employer´s operations, in accordance with paragraphs 3 and 4.
Amendment 655 #
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 time upon a worker’s request. The information shall be provided only if it does not reveal information about wage levels of an individual worker and in accessible formats for workers with disabilities upon their request.
Amendment 678 #
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. EMember States shall introduce adequate measures, with regard to national labour market traditions, to ensure that employers with at least 250 workers shall provide the followingmonitor and provide information concerning their organisation, in accordance with paragraphs 2, 3, and 5:pay gap between female and male workers for different categories of workers that conducts the same work as them or work of equal value for the same employer.
Amendment 763 #
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 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. Thor to the trade union with which the employer have entered into collective agreement with. The employer shall upon request, provide information fromto the previous four years,monitoring body ifn available, shall also be provided upon requestccordance to Article 26.
Amendment 917 #
Proposal for a directive
Article 16 – paragraph 1
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.;
Amendment 919 #
Proposal for a directive
Article 16 – paragraph 2
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.;
Amendment 940 #
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Member States shall ensure that the limitation periods for bringing claims are set at three years at leastin accordance with national labour market practice and established case law.
Amendment 959 #
Proposal for a directive
Article 19 – paragraph 1
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.;
Amendment 1071 #
Proposal for a directive
Article 30 – title
Article 30 – title
Implementation and deviations through collective agreements
Amendment 1072 #
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
Member States may entrust the social partners with the implementation of this Directive, where the social partners jointly request to do so, provided that Member States take all the necessary steps to ensure that the results sought by this Directive are guaranteed at all times. Member States may allow social partners to establish, negotiate, conclude and apply collective agreement in accordance to national law and labour market traditions or relevant case law that establishes rules concerning information about wage setting that deviates from [Articles 5 to 9] in this Directive or regulations concerning limitation periods in Article 18.
Amendment 1075 #
Proposal for a directive
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [twofour years after the entry into force]. They shall immediately inform the Commission thereof.