Activities of Andżelika Anna MOŻDŻANOWSKA related to 2020/0310(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on adequate minimum wages in the European Union
Amendments (27)
Amendment 29 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1 a) In accordance with Article 153 of the Treaty on the Functioning of the European Union, the European Union shall support and complement the activities of the Member States in the field of working conditions. However, it should be stressed that, in accordance with paragraph 5 of this article, 'The provisions of this Article shall not apply to pay, the right of association, the right to strike or the right to impose lock- outs.' The taking of action on the setting of minimum wages therefore falls within the exclusive competence of the Member States and should be respected.
Amendment 42 #
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 competitivenessThe European Union may encourage Member States to improve the mechanism for setting the minimum wage and its amount, taking particular account of the different economic circumstances and respecting the Member States’ traditions in this regard. _________________ 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 57 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8 a) The establishment of an adequate minimum wage aims at the fair and solidarity-based distribution of wealth, in order to provide workers with an acceptable minimum level of financial resources for a decent existence and to protect them legally against unjustified low wages. In this context, special attention needs to be paid to the care sector, in which women play a predominant role, as well as the associated phenomenon of informal care. In this sector, wages are generally relatively low, despite the very valuable social role played by care providers, which has been clearly illustrated and proven during the COVID-19 pandemic. In the case of informal care, which is difficult to estimate due to its specific characteristics, carers are usually paid very low wages, often even below the statutory national minimum, and do not have any pension or welfare contributions paid, which means that they cannot rely on basic welfare benefits. Appropriate action should be taken at Union and Member State level to eradicate this phenomenon for the benefit of society, without compromising the labour markets of each Member State. However, there is a risk that poorly targeted measures may have the adverse effect of increasing the magnitude of the phenomenon.
Amendment 66 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9 a) The European Commission does not sufficiently justify how the proposed measures will minimise any financial or administrative burden on the Union, national governments, regional or local authorities, economic operators and citizens. In this context, account should also be taken of the unquantifiable actual impact of the current economic crisis caused by the COVID-19 pandemic. The implementation of this directive concerning minimum wages should take place following a thorough analysis of its impact on the socio-economic situation in the various Member States of the European Union. At present, there is a risk that achieving the objectives of this directive may have an adverse impact on the market and the working environment.
Amendment 79 #
Proposal for a directive
Recital 14
Recital 14
(14) The Commission has consulted management and labour in a two-stage process with regard to possible action to address the challenges related to adequate minimum wages protection in the Union, in accordance with Article 154 of the Treaty on the Functioning of the European Union. There was no agreement among the social partners to enter into negotiations with regard to those matters. It is, however, important to take action at Union level to ensure that workers in the Union are protected by adequate minimum wages, taking into account the outcomes of the social partners’ consultation.
Amendment 80 #
Proposal for a directive
Recital 14
Recital 14
(14) The Commission has consulted management and labour in a two-stage process with regard to possible action to address the challenges related to adequate minimum wages protection in the Union, in accordance with Article 154 of the Treaty on the Functioning of the European Union. There was no agreement among the social partners to enter into negotiations with regard to those matters. It is, however, important to take action at Union level to ensure that workers in the Union are protected by adequate minimum wages, taking into account the outcomes ofThis illustrates the complexity of the issue and its sensitive nature for the social partners’ consultationcerned.
Amendment 89 #
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.
Amendment 90 #
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. However, it should be borne in mind that the legal establishment of objectives, criteria and mechanisms in the form of a directive will have a significant impact on Member States' competences as regards establishing a minimum wage and on the autonomy of the social partners to engage in voluntary collective bargaining.
Amendment 101 #
Proposal for a directive
Recital 18
Recital 18
(18) Well-functioning collective bargaining on wage setting is an important means to ensure that workers are protected by adequate minimum wages. In the Member States with statutory minimum wages, collective bargaining supports general wage developments and therefore contributes to improving the adequacy of minimum wages. In the Member States where minimum wage protection is provided exclusively by collective bargaining, their level as well as the share of protected workers are directly determined by the functioning of the collective bargaining system and collective bargaining coverage. Strong and well- functioning collective bargaining together with a high coverage of sectorial or cross- industry collective agreements strengthecan have a positive impact on the adequacy and the coverage of minimum wages.
Amendment 103 #
Proposal for a directive
Recital 19
Recital 19
(19) In a context of declining collective bargaining coverage, it is essential that the Member States promote collective bargaining to enhance workers’ access to minimum wage protection provided by collective agreements. Member States with a high collective bargaining coverage tend to have a low share of low-wage workers and high minimum wages. Member States with a small share of low wage earners have a collective bargaining coverage rate above 70%. Similarly, the majority of the Member States with high levels of minimum wages relative to the median wage have a collective bargaining coverage above 70%. While all Member States should be encouraged to promote collective bargaining, those who do not reach this level of coverage should, in consultation and/or agreement with the social partners, provide for or, where it already exists, strengthen a framework of facilitative procedures and institutional arrangements enabling the conditions for collective bargaining. Such framework should be established by law or by tripartite agreement..
Amendment 106 #
Proposal for a directive
Recital 20
Recital 20
(20) Sound rules, procedures and practice for setting and updating statutory minimum wages are necessary to deliver adequate minimum wages, while safeguarding jobs and the competitiveness of firms including small and medium-sized enterprises. They include a number of elements to preserve the adequacy of statutory minimum wages, including criteria and indicators to assess adequacy, regular and timely updates, the existence of consultative bodies and the involvement of social partners. A timely and effective involvement of the latter is another element of good governance that allows for an informed and inclusive decision-making process.
Amendment 127 #
Proposal for a directive
Recital 25
Recital 25
(25) Reliable monitoring and data collection are key to ensure the effective protection of minimum wages. The Commission should report everyregularly every three years to the European Parliament and to the Council its assessment of developments in the adequacy and coverage of minimum wages on the basis of annual data and information to be provided by Member States every three years. In addition, progress should be monitored in the framework of the process of economic and employment policy coordination at Union level. In that context, the Employment Committee should examine every year the situation in the Member States on the basis of the reports produced by the Commission and other multilateral surveillance tools such as benchmarkingtake into account the data provided by the Member States as well as Commission recommendations in the context of the European Semester.
Amendment 132 #
Proposal for a directive
Recital 28
Recital 28
(28) The reforms and measures adopted by the Member States to promote adequate minimum wage protection of workers, while being steps in the right direction, have not been comprehensive and systematic. Moreover, individual countries may be little inclined to improve the adequacy and coverage of minimum wages because of the perception that this could negatively affect their external cost competitiveness. Since the objectives of this Directive cannot be sufficiently achieved by the Member States, but can rather, by reason of their scale and effects, be better 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 the European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.
Amendment 191 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 206 #
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 shallmay include at least two of the following elements:
Amendment 213 #
Proposal for a directive
Article 5 – paragraph 2 – point d a (new)
Article 5 – paragraph 2 – point d a (new)
(d a) inflation;
Amendment 214 #
Proposal for a directive
Article 5 – paragraph 2 – point d b (new)
Article 5 – paragraph 2 – point d b (new)
(d b) economic growth;
Amendment 218 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
Amendment 238 #
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
Member States shall take the necessary measures to ensure that the social partners are involved in a timely and effective manner in statutory minimum wage setting and updating, including through participation in consultative bodies referred to in Article 5(5) and notably particular as concerns:
Amendment 250 #
Proposal for a directive
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. Member States shall report the following data to the Commission on an annual basis, before 1 October of eachevery three years:
Amendment 253 #
Proposal for a directive
Article 10 – paragraph 2 – point a – point ii
Article 10 – paragraph 2 – point a – point ii
Amendment 255 #
Proposal for a directive
Article 10 – paragraph 2 – point a – point iii
Article 10 – paragraph 2 – point a – point iii
Amendment 261 #
Proposal for a directive
Article 10 – paragraph 2 – point b – point iii
Article 10 – paragraph 2 – point b – point iii
Amendment 264 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 1
Article 10 – paragraph 2 – subparagraph 1
Member States shall provide the statistics and information referred to in this paragraph disaggregated, as far as possible, by gender, age, disability, company size and sector.
Amendment 267 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 3
Article 10 – paragraph 2 – subparagraph 3
Amendment 273 #
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
4. The Commission shall assess the data transmitted by the Member States in the reports referred to in paragraph 2, and shall report annuallysubmit a report to the European Parliament and to the Council.
Amendment 275 #
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
5. On the basis of the report issued by the Commission, the Employment Committee set up in accordance with Article 150 TFEU shall carry out everyregularly, every three years, an examination of the promotion of collective bargaining on wage setting and of the adequacy of minimum wages in the Member States.