58 Amendments of Gheorghe FALCĂ related to 2020/0310(COD)
Amendment 89 #
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on adequate framework for promoting levels of minimum wages in the European Union
Amendment 121 #
Proposal for a directive
Recital 4
Recital 4
(4) Chapter II of the European Pillar of Social Rights, proclaimed at Gothenburg on 17 November 2017, establishes a set of principles to serve as a guide towards ensuring fair working conditions. Principle No 6 of the European Pillar of Social Rights reaffirms the workers’ right to fair wages that provide for a decent standard of living. It also provides that adequate minimum wages shall be ensured, in a way that provides for the satisfaction of the needs of the worker and his/her family in the light of national economic and social conditions, whilst safeguarding access to employment and incentives to seek work. Furthermore, it recalls that in-work poverty shall be prevented and that all wages shall be set in a transparent and predictable way and respecting the autonomy of the social partners.
Amendment 128 #
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 ofthe collaboration and/or cooperation with the 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 levels and 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. __________________ 37 Council 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 138 #
Proposal for a directive
Recital 6
Recital 6
(6) Better working and living conditions, including through adequate minimum wages, benefit both workers and businesses in the Union and are a prerequisite for achieving inclusive and sustainable growth. Addressing large differences in the coverage and adequacy of minimum wage protection contributes to improving the fairness of the EU labour market and promote economic, social progress and upward convergence. Competition in the Single Market should be based on high social standards, innovation and productivity improvements ensuring a level playing field.
Amendment 147 #
Proposal for a directive
Recital 7
Recital 7
(7) When set at adequate levelsever levels are set, minimum wages protect the income of disadvantaged workers, help ensure a decent living, and limit the fall in income during bad times, as recognised in Convention 131 of the International Labour Organisation on the establishment of a system of minimum wage fixing. Minimum wages contribute to sustaining domestic demand, strengthen incentives to work, reduce wage inequalities and in- work poverty.
Amendment 157 #
Proposal for a directive
Recital 8
Recital 8
(8) Women, young and low-skilled workers and persons with disabilities have a higher probability of being minimum wage or low wage earners than other groups. During economic downturns, such as the Covid-19 crisis, the role of minimum wages in protecting low-wage workers becomes increasingly important and is essential to support a sustainable and inclusive economic recovery. Addressing minimum wage contributes to gender equality, closing the gender pay and pension gap as well as elevating women out of poverty and tackling child poverty.
Amendment 178 #
Proposal for a directive
Recital 11
Recital 11
(11) Minimum wage protection set out by collective agreements in low-paid occupations is adequate in most cases; statutory minimum wages are low compared to other wages in the economy in several Member States. In 2018, the statutory minimum wage did not provide sufficient income for a single minimum- wage earner to reach the at-risk-of-poverty threshold in nine Member States. In addition, the use of reduced minimum wage rates (variations) and deductions from statutory minimum wages negatively affect their adequacy.
Amendment 198 #
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 been eroding 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 the increase of atypical and new forms of work.
Amendment 213 #
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 220 #
Proposal for a directive
Recital 15
Recital 15
(15) This Directive establishes minimum requirements at Union level to ensure both that minimum wages are set at adequatea framework at Union level for promoting minimum wages levels and that workers have access to minimum wage protection, in the form of a statutory minimum wage or in the form of wages set under collective agreements as defined for the purpose of this Directive.
Amendment 247 #
Proposal for a directive
Recital 17
Recital 17
(17) This Directive should apply to workers who have an employment contract or employment relationship as defined by the law, collective agreements or practice in force in each Member State, with consideration to the criteria established by the Court of Justice of the European Unionin collaboration and/or cooperation with the social partners for determining the status of a worker. Provided that they fulfil those criteria, domestic workers, on-demand workers, intermittent workers, voucher based-workers, bogus self-employed, platform workers, trainees and apprentices could fall within the scope of this Directive. Genuinely self-employed persons do not fall within the scope of this Directive since they do not fulfil those criteria. The abuse of the status of self- employed persons, as defined in national law, either at national level or in cross- border situations, is a form of falsely declared work that is frequently associated with undeclared work. Bogus self- employment occurs when a person is declared to be self-employed while fulfilling the conditions characteristic of an employment relationship, in order to avoid certain legal or fiscal obligations. Such persons 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.
Amendment 257 #
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 strengthen the adequacy and the coverage of minimum wages.
Amendment 275 #
Proposal for a directive
Recital 19
Recital 19
(19) In a context of declining collective bargaining coverage, it is essentialrecommended 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,while being 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 278 #
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 latterA timely and effective collaboration and/or cooperation with the social partners is another element of good governance that allows for an informed and inclusive decision-making process.
Amendment 292 #
Proposal for a directive
Recital 21
Recital 21
(21) Minimum wages are considered adequatefair if they are fair in relation to the wage distribution in the country and if they provide a decent standard of living. The adequacylevels of statutory minimum wages isare determined in view of the national socio- economic conditions, including employment growth, competitiveness as well as regional and sectoral levels and developments. Their adequacy should be assessed at least in relation to their purchasing power, to the productivity developments and to their relation to the gross wage levels, distribution and growth. The use of indicators commonly used at international level, such as 60% of the gross median wage and 50% of the gross average wage, can help guide the assessment of minimum wage adequacy in relation to the gross level of wages.
Amendment 326 #
Proposal for a directive
Recital 22
Recital 22
(22) To promote adequacy of framework for minimum wages for all groups of workers, variations and deductions from statutory minimum wages should be limited to a minimumnon- discriminatory and proportionate, while ensuring that social partners are duly consulted in their definition. Some deductions to statutory minimum wages may bare justified by a legitimate aim, including overstated amounts paid or deductions ordered by a judicial authority. Others, such as deductions related to the equipment necessary to perform a job or deductions of allowances in kind, such as accommodation, may be unjustified or disproportionate.
Amendment 337 #
Proposal for a directive
Recital 23
Recital 23
(23) An effective enforcement system, including controls and field inspections, is necessary to ensure the functioning of national statutory minimum wage frameworks. To strengthen the effectiveness of enforcement authorities, a close collaboration and /or cooperation with the social partners is also neerecommended, including to address critical challenges such as those related to sub- contracting, bogus self-employment or non-recorded overtime. Moreover, workers should have easily access to appropriate information on applicable statutory minimum wages to ensure an adequate high degree of transparency and predictability as regards their working conditions.
Amendment 348 #
Proposal for a directive
Recital 25
Recital 25
(25) Reliable monitoring and data collection are keyimportant to ensure the effective protection of minimum wages. The Commission should report every year to the European Parliament and to the Council its assessment of levels and developments in the adequacy and coverage of minimum wages on the basis of annual data and information to be provided by Member States. 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 benchmarking.
Amendment 359 #
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 371 #
Proposal for a directive
Recital 29
Recital 29
(29) This Directive lays down minimum requirementsa framework, thus leaving untouched Member States' prerogative to introduce and maintain more favourable provisions. Rights acquired under the existing national legal framework should continue to apply, unless more favourable provisions are introduced by 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 392 #
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 promoting:
Amendment 404 #
Proposal for a directive
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) setting adequate levels of minimum wages;
Amendment 452 #
Proposal for a directive
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) ‘statutory minimum wage’ means a minimum wage set by law, or other binding legal provisions, with the exclusion of those set by a collective agreement made universally applicable;
Amendment 473 #
Proposal for a directive
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘collective agreement’ means all agreements in writing regarding working conditions and terms of employment concluded by the social partners as an outcome of collective bargaining;
Amendment 474 #
Proposal for a directive
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
Amendment 482 #
Proposal for a directive
Article 4 – title
Article 4 – title
Amendment 488 #
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. With the aim to increase the collective bargaining coverage Member States that set minimum wages only through collective agreements shall take, in consultation with the social partners and in accordance with national laws and practices, at least the following measures:
Amendment 502 #
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) promote the building and strengthening of the capacity of the social partners to engage in collective bargaining on wage setting, in particular, at sector or cross-industry level;
Amendment 520 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 550 #
Proposal for a directive
Article 5 – title
Article 5 – title
Amendment 563 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States with statutory minimum wages shall takeestablish the necessary measures to ensure that theframework for setting and updating of statutory minimum wages ar. Such setting and updating shall be guided by criteria set to promote andequacy with the aim to achieve decent working and living conditions, social cohesion and upward convergence. Member States shall define those criteria in accordance with their national practices, 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 572 #
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 leastsome of the following elements, whose relevance may be decided by Member States in accordance with their prevailing national socio-economic conditions:
Amendment 580 #
Proposal for a directive
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) the purchasing power of statutory minimum wages, taking into account the cost of living and the contribution of taxes and social benefits;
Amendment 589 #
Proposal for a directive
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
(b) the general level of gross wages and their distribution;
Amendment 601 #
Proposal for a directive
Article 5 – paragraph 2 – point d
Article 5 – paragraph 2 – point d
(d) labour productivity levels and developments.
Amendment 616 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 641 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Member States shall take the necessary measures to ensure the regular and timely updates of statutory minimum wages in order to preserve their adequacy.
Amendment 658 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Member States shall establishnsure that consultative bodies are in place to advise the competent authorities on issues related to statutory minimum wages.
Amendment 674 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Where Member States may allow for different rates of statutory minimum wage for specific groups of workers. Member States shall keep these variations to a minimum, and or for deductions by law that reduce the remuneration paid to a level below that of the relevant statutory minimum wage, they shall ensure that anythese variation iss and deductions are non- discriminatory, proportionate, limited in time if relevant, and objectively and reasonably and justified by a legitimate aim.
Amendment 681 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 701 #
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
Member States shall take the necessary measures to ensurable thate involvement of the social partners are involved in a timely and effective manner in statutory minimum wage setting and updating, including through participrepresentation in consultative bodies referred to in Article 5(5) and notably as concerns:
Amendment 708 #
Proposal for a directive
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) the selection and application of criteria and indicative reference values referred to in Article 5 (1) (2) and (32) for the determination of statutory minimum wage levels;
Amendment 721 #
Proposal for a directive
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) the collection of data and the carrying out of studies for the information of statutory minimum wage setting authoritisupporting the consultation processes for setting the statutory minimum wage with information, data and analyses;
Amendment 730 #
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
Member States shall, in consultation and/or cooperation with social partners, take the following measures, where appropriate to enhance the access of workers to statutory minimum wage protection as appropriate:
Amendment 746 #
Proposal for a directive
Article 8 – paragraph 1 – point 2
Article 8 – paragraph 1 – point 2
(2) develop guidance for enforcement authorities to proactively target and pursue non-compliant businesseemployers;
Amendment 761 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
In accordance with Directive 2014/24/EU, Directive 2014/25/EU and Directive 2014/23/EU, Member States shall take appropriate measures to ensure that in the performance of public procurement or concession contracts economic operators comply with the wages set out by collective agreement, and their subcontractors, comply with the applicable obligations regarding wages in the field of labour law established by Union law, national law, collective agreements or by international labour law provisions for the relevant sector and geographical area and with the statutory minimum wages where they exist.
Amendment 769 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 788 #
Proposal for a directive
Article 10 – paragraph 2 – point a – point ii
Article 10 – paragraph 2 – point a – point ii
Amendment 794 #
Proposal for a directive
Article 10 – paragraph 2 – point a – point iii
Article 10 – paragraph 2 – point a – point iii
Amendment 798 #
Proposal for a directive
Article 10 – paragraph 2 – point a – point iv
Article 10 – paragraph 2 – point a – point iv
Amendment 814 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 1
Article 10 – paragraph 2 – subparagraph 1
Amendment 823 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 3
Article 10 – paragraph 2 – subparagraph 3
Amendment 828 #
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 841 #
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 868 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Amendment 889 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States shall lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive or the respective provisions already in force. The penalties provided for shall be effective, proportionate and dissuasive.
Amendment 896 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States may entrust the social partners with the implementation of this Directive, 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 soughet by this Directive are guaranteedcomplied with at all times.
Amendment 911 #
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. This Directive is without prejudice to any other rights conferred on workers by other legal acts of the Union.