BETA

Activities of Sandra PEREIRA related to 2021/0050(COD)

Plenary speeches (1)

Strengthening the application of the principle of equal pay for equal work or work of equal value between men and women (debate)
2023/03/30
Dossiers: 2021/0050(COD)

Amendments (67)

Amendment 212 #
Proposal for a directive
Recital 9 a (new)
(9a) The Member States should use every possible means, in line with national practices, to improve the wages of all workers, particularly national minimum wages, and to enhance careers and professions.
2021/10/26
Committee: EMPLFEMM
Amendment 225 #
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, and in particular to self-employed persons who are economically dependent on the contracting entity, 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 235 #
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 and food 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 309 #
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 the particular needs of 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 310 #
Proposal for a directive
Recital 22 a (new)
(22a) Equal pay for women and men must necessarily form part of a fairer distribution of income between labour and capital, as a means of preventing inequality and poverty and improving the living conditions of all workers and their families.
2021/10/26
Committee: EMPLFEMM
Amendment 311 #
Proposal for a directive
Recital 22 b (new)
(22b) Pay transparency measures should be accompanied by serious efforts to combat job insecurity, promote work with rights, improve work and wages, and regulate working hours in order to improve the living conditions of workers.
2021/10/26
Committee: EMPLFEMM
Amendment 313 #
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 319 #
Proposal for a directive
Recital 24
(24) All workers should have the right to obtain information, upon their request, on their pay and on the pay level, broken down by sex, for the category of workers doing the same work or work of equal value. Employers must inform workers of this right on an annual basis. Employers may also, on their own initiand their representative, opt for providing such information without workers needing to request itrganisations of this right on an annual basis.
2021/10/26
Committee: EMPLFEMM
Amendment 335 #
Proposal for a directive
Recital 25
(25) Employers with at least 250 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 355 #
Proposal for a directive
Recital 29
(29) Joint pay assessments should trigger the review and revision of pay structures in organisations with at least 250 workersany undertaking that shows 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 purposeor freely elected for this purpose either by trade unions or members of such unions, or by the workers of the undertaking in accordance with provisions of national laws or regulations of collective agreements. Joint pay assessments should lead to the elimination of gender discrimination in pay.
2021/10/26
Committee: EMPLFEMM
Amendment 374 #
Proposal for a directive
Recital 30 a (new)
(30a) Collective negotiation and bargaining are key to eliminating pay discrimination, particularly based on sex, and should be encouraged and promoted by removing all restrictions on their use and on their time-limits.
2021/10/26
Committee: EMPLFEMM
Amendment 394 #
Proposal for a directive
Recital 35
(35) Member States should ensure the allocation of sufficientat the human, technical and financial resources tof equality bodies for theand national bodies and authorities with responsibility for inspection and supervision are used to effectively and adequately performance of their tasks and responsibilities, in particular those related to pay discrimination based on sex. Where the tasks are allocated to more than one body, Member States should ensure that they are adequately coordinated.
2021/10/26
Committee: EMPLFEMM
Amendment 423 #
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, workers or their representatives, particularly trade unions, should be guaranteed exemption from procedural costs, and successful claimants should be allowed to recover their procedural costscosts of bringing the action, particularly legal fees, 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 445 #
Proposal for a directive
Recital 49
(49) Compiling wage statistics broken down by gender and, disability, age and race, as well as providing the Commission (Eurostat) with accurate and complete statistics is essential for analysing and monitoring changes in the gender pay gap at Union level. Council Regulation (EC) No 530/199959 requires Member States to compile four-yearly structural earnings statistics at micro level that provide harmonized data for the calculation of the gender pay gap. Annual high-quality statistics could increase transparency and enhance monitoring and awareness of gender pay inequality. The availability and comparability of such data is instrumental for assessing developments both at national level and throughout the Union. _________________ 59 Council Regulation (EC) No 530/1999 of 9 March 1999 concerning structural statistics on earnings and on labour costs (OJ L 63, 12.3.1999, p. 6).
2021/10/26
Committee: EMPLFEMM
Amendment 477 #
Proposal for a directive
Article 2.º – paragraph 2
2. This Directive applies to all workers who have an employment contract or employment relationship, as well as to self-employed workers economically dependent on the contracting entity, 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 513 #
Proposal for a directive
Article 3 – paragraph 1 – point i
(i) ‘indirect discrimination’ means the situation where an apparently neutral provision, criterion or practice would put persons of one sex at a particular disadvantage compared with persons of the other sex, unless that provision, criterion or practice is objectively justified by a legitimate aim in accordance with the criteria laid down in article 4, and the means of achieving that aim are appropriate and necessary;
2021/10/26
Committee: EMPLFEMM
Amendment 517 #
Proposal for a directive
Article 3.º – paragraph 1 – point k a (new)
(ka) ‘collective agreement’ means all agreements in writing regarding pay and working conditions and terms of employment concluded between trade union organisations and other workers’ representative organisations and employers’ organisations following a collective negotiation;
2021/10/26
Committee: EMPLFEMM
Amendment 519 #
Proposal for a directive
Article 3.º – paragraph 1 – point k b (new)
(kb) ‘workers’ representative organisations’ means trade union organisations or workers’ representatives in accordance with national law and practice;
2021/10/26
Committee: EMPLFEMM
Amendment 520 #
Proposal for a directive
Article 3 – paragraph 1 a (new)
1a. For the purposes of the principle of equal pay for equal work or work of equal value: a) the comparison is between a job carried out by a man and a woman; b) in circumstances when a person identifies as neither a man or a woman, the comparison is with the person that, carrying out equal work or work of equal value, has the highest pay.
2021/10/26
Committee: EMPLFEMM
Amendment 522 #
Proposal for a directive
Article 3.º – paragraph 2 – point b
(b) instruction to discriminate againstfferentiate, exclude, restrict or give preference to persons, on grounds of sex, that has the purpose or effect of nullifying or restricting the recognition, enjoyment or exercise, on equal terms, of rights, freedoms and guarantees or of economic, social and cultural rights;
2021/10/26
Committee: EMPLFEMM
Amendment 523 #
Proposal for a directive
Article 3.º – paragraph 2 – point c
(c) any less favourable treatment of a woman related to pregnancy or maternity leave within the meaning of Council Directive 92/85/EEC61, or of a woman or man related to parental leave or family support leave, or of a man related to parental leave or paternity leave. _________________ 61 Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (tenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ L 348, 28.11.1992, p. 1).
2021/10/26
Committee: EMPLFEMM
Amendment 537 #
Proposal for a directive
Article 4.º – paragraph 1
1. Member States shall take the necessary measures to ensure that pay, careers and jobs are valued, and 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 569 #
Proposal for a directive
Article 4.º – 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 which shall include, among others considered relevant, educational, professional and training requirements, skills, effort and responsibility, work undertaken and the nature of the tasks involved. 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 595 #
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. In addition, and also prior to the job interview, the applicant for employment shall receive upon request information on the average pay level for categories of workers performing the same work as the advertised position or work of equal value to that position and the objective, gender-neutral criteria on which the average pay level is based.
2021/10/26
Committee: EMPLFEMM
Amendment 616 #
Proposal for a directive
Article 6.º – 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 associated with the identification of direct and indirect discrimination underlying pay discrimination between men and women.
2021/10/26
Committee: EMPLFEMM
Amendment 629 #
Proposal for a directive
Article 7 – paragraph 1
1. Workers shall have the right to receive clear and complete 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. This information shall include also how pay levels were determined, including through an existing job evaluation or job classification scheme. Workers’ representatives shall also have the right to receive information on how pay for each category of worker is laid down.
2021/10/26
Committee: EMPLFEMM
Amendment 651 #
Proposal for a directive
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 requestone month upon a worker’s request. The information shall be provided in writing and the employer shall retain proof of transmission or receipt, in electronic form. The information shall be provided in accessible formats for workers with disabilities upon their request.
2021/10/26
Committee: EMPLFEMM
Amendment 658 #
Proposal for a directive
Article 7.º – paragraph 4
4. Workers shall have the possibility to request the information referred to in paragraph 1 through their representative organisations or an equality body.
2021/10/26
Committee: EMPLFEMM
Amendment 666 #
Proposal for a directive
Article 7 – paragraph 5
5. Workers shall not be prevented, under any circumstances, from disclosing their pay for the purpose of enforcing the principle of equal pay between men and women for equal work or work of equal valuto other workers and communicating it to their trade union. Member States shall thus put in place measures to prohibit contractual terms aiming to restrict workers from disclosing that information for the purposes of this Directive.
2021/10/26
Committee: EMPLFEMM
Amendment 668 #
Proposal for a directive
Article 7 – paragraph 6
6. Employers may require that any worker having obtained information pursuant to this Article shall not use that information for any other purpose than to defend their right to equal pay for the same work or work of equal value and not disseminate the information otherwise.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 673 #
Proposal for a directive
Article 7.º – paragraph 6 a (new)
6 a. Workers’ representative organisations also enjoy the right to information described in paragraph 1 in relation to all workers.
2021/10/26
Committee: EMPLFEMM
Amendment 685 #
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:
2021/10/26
Committee: EMPLFEMM
Amendment 737 #
Proposal for a directive
Article 8 – paragraph 2
2. The accuracy of the information shall be confirmed by the employer’s management and workers’ representatives. Employers shall consult with workers’ representatives on the methods used to calculate the pay gap, median pay gap and average pay levels.
2021/10/26
Committee: EMPLFEMM
Amendment 744 #
3. The employer shall make publishc the information referred to in paragraph 1, points (a) to (f) on an annual basis in a user-friendly way on its websiteon its website, if it has one, or shall otherwise make it publicly available. The information in question shall be posted inside the workplace in such a way as to be easily accessible to all workers and their representatives. 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 754 #
Proposal for a directive
Article 8.º – paragraph 4
4. Member States may decide to compile the information set out in paragraph 1, points (a) to (f)shall provide support, technical assistance and training, in particular for micro-, small and medium-sized enterprises and their organisations, and for workers’ representative organisations, in relation to the obligations arising from this Article. Member States shall compile the information set out in paragraph 1 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.
2021/10/26
Committee: EMPLFEMM
Amendment 782 #
Proposal for a directive
Article 8.º – 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 timemaximum period of 10 working days 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 the 30 days following notification and in close cooperation with the workers’ representatives, the labour inspectorate and/or the equality body.
2021/10/26
Committee: EMPLFEMM
Amendment 791 #
Proposal for a directive
Article 8 – paragraph 7 a (new)
7a. The implementation of the Directive shall not be used to reduce existing reporting obligations on employers.
2021/10/26
Committee: EMPLFEMM
Amendment 795 #
Proposal for a directive
Article 9.º – paragraph 1 – introductory part
1. Member States shall take appropriate measures to ensure that employers with at least 2more than 50 workers conduct, in cooperation with their workers’ representative organisations, a joint pay assessment where both of the following conditions are met: . A joint pay assessment must be conducted in undertakings with fewer than 50 workers where there are workers belonging to trade unions or workers’ representative organisations.
2021/10/26
Committee: EMPLFEMM
Amendment 808 #
Proposal for a directive
Article 9.º – paragraph 1 – point a
(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;deleted
2021/10/26
Committee: EMPLFEMM
Amendment 814 #
Proposal for a directive
Article 9.º – paragraph 1 – point b
(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 834 #
Proposal for a directive
Article 9.º – paragraph 2 – point e
(e) measures to address and eliminate such differences, levelling up to the highest pay value, if they are not justified on the basis of objective and gender- neutral criteria;
2021/10/26
Committee: EMPLFEMM
Amendment 843 #
Proposal for a directive
Article 9.º – paragraph 3
3. Employers shall make the joint pay assessments available, in an accessible format, to workers, workers’ representative organisations, the monitoring body designated pursuant to Article 26, the equality body and the labour inspectorate. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
2021/10/26
Committee: EMPLFEMM
Amendment 849 #
Proposal for a directive
Article 9.º – 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, eliminating the differences by levelling up to the highest pay value, 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 858 #
Proposal for a directive
Article 9.º – paragraph 4 a (new)
4a. Situations of pay discrimination shall not be addressed in a manner that in any way constitutes an element of downward pressure on pay increases.
2021/10/26
Committee: EMPLFEMM
Amendment 871 #
Proposal for a directive
Article 11 – title
SCollective bargaining and social dialogue
2021/10/26
Committee: EMPLFEMM
Amendment 875 #
Proposal for a directive
Article 11.º – paragraph 1
Without prejudice to the autonomy of social partnertrade union and employer organisations and in accordance with national law and practice, Member States shall ensure that the rights and obligations under this Directive are discussed with social partners.trade union and employer organisations. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
2021/10/26
Committee: EMPLFEMM
Amendment 881 #
Proposal for a directive
Article 12.º – paragraph 1
Member States shall ensure compliance with the law, guaranteeing that the authorities responsible for labour inspection and supervision have the human, technical and financial resources necessary for the pursuit of their responsibilities and powers, including those under this Directive. They shall also guarantee that, after possible recourse to conciliation, judicial procedures for the enforcement of rights and obligations related to the principle of equal pay between men and women for equal work or work of equal value are available to all workers who consider themselves wronged by a failure to apply the principle of equal pay for equal work or work of equal value. Such procedures shall be easily accessible to workers and to those who act on their behalf, for instance by exemption from legal costs, even after the labour relationship in which the discrimination is alleged to have occurred has ended.
2021/10/26
Committee: EMPLFEMM
Amendment 884 #
Proposal for a directive
Article 12.º – paragraph 1 a (new)
Member States shall ensure that the authorities responsible for protecting working conditions are able to initiate an inspection in the event of an anonymous or non-anonymous report of an infringement of the principle of equal pay between men and women for equal work or work of equal value;
2021/10/26
Committee: EMPLFEMM
Amendment 890 #
Proposal for a directive
Article 13.º – paragraph 1
1. Member States shall ensure that associations, organisations, equality bodies and workers’ representative organisations 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 supportirrespective of whether they have received a formal request from a worker or group of a workers 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.
2021/10/26
Committee: EMPLFEMM
Amendment 892 #
Proposal for a directive
Article 13.º – paragraph 2
2. Equality bodies and workers’ representative organisations shall also have the right to act on behalf or in support of several workers, with the latter’s approvalirrespective of whether they have received a formal request from the worker or from a group of workers.
2021/10/26
Committee: EMPLFEMM
Amendment 897 #
Proposal for a directive
Article 13 – paragraph 2 a (new)
2a. Trade unions shall also have the right to act on behalf of a class of workers in a particular sector or category.
2021/10/26
Committee: EMPLFEMM
Amendment 899 #
Proposal for a directive
Article 13 – paragraph 2 b (new)
2b. Member states shall reduce procedural obstacles to the bringing of equal pay cases to the court.
2021/10/26
Committee: EMPLFEMM
Amendment 901 #
Proposal for a directive
Article 14.º – paragraph 1
1. Member States shall ensure that any worker who has suffered harm as a result 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 shall have the right to claim and to obtain full compensation or reparation, as determined by the Member State, for that harm.
2021/10/26
Committee: EMPLFEMM
Amendment 903 #
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. Where gender-based pay discrimination intersects with additional grounds of discrimination, the compensation or reparation shall be adjusted accordingly.
2021/10/26
Committee: EMPLFEMM
Amendment 988 #
Proposal for a directive
Article 21.º – title
21. Equal pay matters in public contracts and concessions and access to public funding
2021/10/26
Committee: EMPLFEMM
Amendment 989 #
Proposal for a directive
Article 21.º – paragraph 1
1. The appropriate measures that the Member States take in accordance with Article 30(3) of Directive 2014/23/EU, Article 18 (2) of Directive 2014/24/EU and Article 36(2) of Directive 2014/25/EU, shall include measures to ensure that, in the performance of public contracts or concessions, economic operators comply with the obligations relating to equal pay between men and women for equal work or work of equal value, and observe any collective agreements that may apply to the sector or geographical area concerned.
2021/10/26
Committee: EMPLFEMM
Amendment 991 #
Proposal for a directive
Article 21.º – paragraph 1 a (new)
1 a. Member States shall not award contracts to undertakings that do not comply with the principle of equal pay between men and women for equal work or work of equal value or that do not comply with any collective agreements that may apply to the sector or geographical area concerned.
2021/10/26
Committee: EMPLFEMM
Amendment 992 #
Proposal for a directive
Article 21.º – paragraph 1 b (new)
1b. Member States shall bar access to public funding, including funding using EU money, for undertakings that do not comply with the principle of equal pay between men and women for equal work or work of equal value or that do not comply with any collective agreements that may apply to the sector or geographical area concerned.
2021/10/26
Committee: EMPLFEMM
Amendment 994 #
Proposal for a directive
Article 21 – paragraph 2
2. Member States shall consider for contracting authorities to introduce, as appropriate, penalties and termination conditions ensuring compliance with the principle of equal pay in the performance of public contracts and concessions. Where Member States’ authorities act in accordance with Article 38(7)(a) of Directive 2014/23/EU, Article 57(4)(a) of Directive 2014/24/EU, or Article 80(1) of Directive 2014/25/EU in conjunction with Article 57(4)(a) of Directive 2014/24/EU, they may exclude or may be required by Member States toshould exclude any economic operator from participation in a public procurement procedure where they can demonstrate by any appropriate means the infringement of the obligations referred to in paragraph 1, related either to a failure to comply with pay transparency obligations or a pay gap of more than 5 per cent in any category of workers which is not justified by the employer on the basis of objective, gender-neutral criteria. This is without prejudice to any other rights or obligations set out in Directive 2014/23/EU, Directive 2014/24/EU or Directive 2014/25/EU.
2021/10/26
Committee: EMPLFEMM
Amendment 1006 #
Proposal for a directive
Article 25.º – paragraph 1
1. Without prejudice to the competence of labour inspectorates or other bodies that enforce the rights of workers, including the social partnerworkers’ representative organisations, national equality bodies established in accordance with Directive 2006/54/EC shall be competent with regard toprovide support for the matters falling within the scope of this Directive.
2021/10/26
Committee: EMPLFEMM
Amendment 1034 #
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 an accessible and a user-friendly manner, including with regard to persons with disabilities, in accordance with Directive (EU) 2019/882 and, where possible, analyse that data for the purpose of identifying multiple and intersectional forms of discrimination;
2021/10/26
Committee: EMPLFEMM
Amendment 1044 #
Proposal for a directive
Article 26 – paragraph 3 – point e a (new)
(ea) to provide relevant data and information to the European Institute for Gender Equality in order to allow for the comparability and assessment of that data at Union level;
2021/10/26
Committee: EMPLFEMM
Amendment 1062 #
Proposal for a directive
Article 28 – paragraph 1
Member States shall provide the Commission (Eurostat) with up-to-date gender pay gap data annually and in a timely manner. These statistics shall be broken down by gender, economic sector, working time (full-time/part-time), economic control (public/private ownership), disability and age and be calculated on an annual basis and, where possible, combine them with anonymised data regarding intersectional forms of discrimination.
2021/10/26
Committee: EMPLFEMM
Amendment 1074 #
Proposal for a directive
Article 31 – paragraph 1
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [twoone years after the entry into force]. They shall immediately inform the Commission thereof.
2021/10/26
Committee: EMPLFEMM
Amendment 1077 #
Proposal for a directive
Article 31 – paragraph 1 a (new)
1a. The transposition of this Directive by each Member State shall not conflict with existing provisions of laws or agreements more favourable to workers.
2021/10/26
Committee: EMPLFEMM
Amendment 1078 #
Proposal for a directive
Article 31.º – paragraph 1 b (new)
1b. The transposition of this Directive must not in any way impose conditions on the provisions of laws and agreements that have been adopted in a Member State and are more favourable to workers.
2021/10/26
Committee: EMPLFEMM
Amendment 1079 #
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- sized enterprises and a reference to where such assessment is published.deleted
2021/10/26
Committee: EMPLFEMM