26 Amendments of Chiara GEMMA related to 2020/0310(COD)
Amendment 134 #
Proposal for a directive
Recital 6
Recital 6
(6) Better working and living conditions, including through adequate and fair 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, preventing and combating wage dumping, and promote economic, social progress and upward convergence. Competition in the Single Market should be based on high social standards, the creation of quality jobs, innovation and productivity improvements ensuring a level playing field.
Amendment 240 #
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 Union for determining the status of a worker. Provided that they fulfil those criteria, workers in both the private and the public sectors, workers whose pay is calculated on the basis of output, where permitted by national law, domestic workers, on- demand workers, intermittent workers, voucher based- workers, bogus self- employed persons, 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 criteriaother non-standard workers, trainees and apprentices should fall within the scope of this Directive. 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 266 #
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 coverage of at least 90%, to be raised to 100% in Member States that do not adopt a statutory minimum wage as workers would otherwise have no contractual coverage and would be exposed to exploitation and less protection, those who do not reach this level of coverage should, in consultation and/or agreement with the social partnermost representative employers’ and trade union organisations, 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 agreementin accordance with national legislation and practice.
Amendment 303 #
Proposal for a directive
Recital 21
Recital 21
(21) Minimum wages are considered to be adequate if they are fair in relation toand fair if they improve the wage distribution in the country and if they provide a decent standard of living for workers and their families on the basis of a full-time employment contract. The adequacy of statutory minimum wages is determined in view of the national socio- economic conditions, including employment growth, competitiveness as well as regional and sectoral developmentsand must under no circumstances be below the relative poverty threshold. 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 asrates of 60% of the gross median wage and 50% of the gross average wage, which are recognised at international level, can help guide the assessment of minimum wage adequacy in relation to the gross level of wages. Almost all Member States with a statutory minimum wage fall short of that threshold of decency and should adjust the level accordingly.
Amendment 318 #
Proposal for a directive
Recital 22
Recital 22
(22) To promote adequacynd ensure adequacy and fairness of minimum wages for all groups of workers, variations and deductions from statutory minimum wages should be limited to a minimum, while ensuring that social partners are duly consulted in their definition. Some deductions toit is necessary to apply the principle of equal treatment and the setting of the minimum wage above the relative poverty level, so as to ensure that all workers and their families have an adequate standard of living, access to basic goods and services, and protection against unforeseen shocks, ensuring full participation in economic and social life. The exclusion of any worker from the protection of a statutory minimum wages may cannot be justified by a legitimate aim, including overstated amounts paid or deductions ordered by a judicial authority. Others, such as deductions related to the. Variations of statutory minimum wages as well as deductions resulting in levels of wages below the statutory minimum wage undermine the principle of equal treatment of workers and the objective of this Directive. Work- related expenses, such as equipment necessary to perform athe job or deductions of allowances in kind, such as accommodation, may be unjustified or disproportionateshould therefore not be deducted from statutory minimum wages. Extra payments, such as tips, overtime and end-of-year and holiday payments and bonuses, should not be included in the calculation of statutory minimum wages.
Amendment 340 #
Proposal for a directive
Recital 24
Recital 24
(24) The effective implementation of minimum wage protection set out by legal provisions or provided by collective agreements is essential in the performance of public procurement and concession contracts. Non-recognition of trade unions or non-respect of collective agreements providing for minimum wage protection in a given sector may indeed occur in the execution of such contracts or in the sub- contracting chain thereafter, resulting in workers being paid less than the wage level agreed in the sectoral collective agreements. To prevent such situations, economic operators have to be informed of the implementation of minimum wage protection and be open to negotiate with trade unions to create a solid and stable system of industrial relations, and apply to their workers the wages set by collective agreements for the relevant sector and geographical area in order to abide by applicable obligations in the field of labour law, in accordance with Articles 18(2) and 71(1) of Directive 2014/24/EU of the European Parliament and the Council on public procurement40, Articles 36(2) and 88(1) of Directive 2014/25/EU of the European Parliament and the Council on procurement by entities operating in the water, energy, transport and postal services sectors41 and Articles 30(3) and 42(1) of Directive 2014/23/EU of the European Parliament and the Council on the award of concession contracts42. __________________ 40Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65). 41 Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243). 42Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contract (OJ L 94, 28.3.2014, p. 1).
Amendment 347 #
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 every year 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. 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 Ca specific tripartite 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, taking into account the impact of wage developments in the internal market, ensuring full compliance with the principle of a level playing field and fair competition, and preventing and combating wage dumping.
Amendment 385 #
Proposal for a directive
Recital 31
Recital 31
(31) The Technical Support Instrument43 and the European Social Fund plus44 areis available to Member States to develop or improve the technical aspects of minimum wage frameworks, including on assessment of adequacy, monitoring and data collection, broadening access, as well as on enforcement and on general capacity building related to the implementation of said frameworks. __________________ 43Proposal for a Regulation of the European Parliament and of the Council of 28 May 2020 on the establishment of the Technical Support Instrument, COM(2020) 409 final. 44Proposal for a Regulation of the European Parliament and of the Council on the European Social Fund Plus, COM/2018/382 final.
Amendment 397 #
Proposal for a directive
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
a) setting adequate and fair levels of minimum wages in order to ensure a decent standard of living of workers and their families;
Amendment 436 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
This Directive applies to all workers in the Union, regardless of their production sector, who have an employment contract or employment relationship as defined by law, collective agreements or practice in force in each Member State, with consideration to the case-law of the Court of Justice of the European Union.
Amendment 461 #
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 exclusively between an employer, a group of employers or one or more of the most representative employers’ organisations, on the one hand, and one or more workers’ organisatof the most representative 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 and their organisations and a worker organisation or worker organisatthe trade unions;
Amendment 472 #
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 most representative social partners as an outcome of collective bargaining;
Amendment 476 #
Proposal for a directive
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
5) ‘collective bargaining coverage’ means the share of workers at national level to whom a collective agreement applies, signed by the most representative employers’ and trade union organisations and governing remuneration;
Amendment 522 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 539 #
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. In order to ensure proper conditions for collective bargaining, Member States shall at least ensure that: a) trade unions have access to workplaces for the purpose of organising, negotiating on behalf of or representing workers; b) acts aiming to undermine collective bargaining or collective agreements that are signed by the most representative trade unions are prevented and prohibited; c) there is effective prevention and protection from discrimination of workers and trade union representatives who participate or wish to participate in collective bargaining; d) there are effective measures, actions and sanctions to prevent, combat and discourage non-compliance with collective agreements throughout the subcontracting chain.
Amendment 545 #
Proposal for a directive
Article 4 – paragraph 2 b (new)
Article 4 – paragraph 2 b (new)
2b. The action plan referred to in paragraph 2 shall aim to increase the collective bargaining coverage with regard to remuneration, progressively reaching the minimum quota of 90% of workers for those Member States that already have a minimum wage and 100% for those that do not. The Commission shall monitor progress and shall submit information to the European Parliament and to the Council at least annually in that regard. Where necessary, the Member State concerned shall consult social partners with a view to updating the national action plan.
Amendment 554 #
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 the setting and updating of statutory minimum wages are guided by criteria set to promote adequacy with the aim to achieve decentto ensure adequacy and fairness with the aim of improving working and living conditions, social protection, social cohesion and upward convergence, as well as preventing and reducing poverty. 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, apply the principle of equal treatment and ensure the setting of the minimum wage above the relative poverty level, so as to ensure that all workers and their families have an adequate standard of living, access to basic goods and services, and protection against unforeseen shocks, ensuring full participation in economic and social life.
Amendment 619 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall use indicative reference values to guide their assessment ofremain competent to set the rate of the statutory minimum wage. On the basis of national criteria as referred to in paragraph 2, Member States shall establish national objectives for the adequacy of the statutory minimum wages in relation to the general level of gross wages, such as those commonly used at international level, in order to ensure a decent standard of living for workers. Minimum wages below an indicative reference value of 60% of the gross median wage and 50% of the gross average wage shall be considered to be inadequate.
Amendment 636 #
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, at least annually, in order to ensure and preserve their adequacy.
Amendment 648 #
Proposal for a directive
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. No measure in this Directive shall be construed or interpreted as imposing or promoting a decrease in the level of statutory minimum wages, or as preventing an increase in the level of statutory minimum wages by Member States.
Amendment 737 #
Proposal for a directive
Article 8 – paragraph 1 – point 1
Article 8 – paragraph 1 – point 1
1) strengthen the controls and the intensity of the field inspections conducted by labour inspectorates or the bodies responsible for the enforcement of statutory minimum wages. Th and guarantee the availability of adequate resources in that regard, ensuring that those controls and inspections shall beare effective, dissuasive, proportionate and non-discriminatory;
Amendment 756 #
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 fully with the wages set out byprovisions of this Directive and, in particular, recognise trade unions, and recognise the right of workers to organise, participate in collective bargaining, and comply with the remuneration and other working conditions established by law or collective agreements for the relevant sector and/or geographical area and with the statutory minimum wages where they exist, as well as Union, national and international social law. A company’s failure to comply with this Directive will therefore be grounds for exclusion from access to public procurement contracts, as well as grounds for the termination of an existing contract by public bodies.
Amendment 846 #
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
5. OIn the basis oforder to discuss the report issueds by the Commission, the Employment Committee set up in accordance with Article 150 TFEU shall carry out every year an examination of the promotion of collective bargaining on wage setting and of thea specific committee shall be established to carry out an annual examination of the Commission reports to assess the promotion of collective bargaining on wage setting, the extent and quality of the respect for the right to collective bargaining and the rate of increase in collective bargaining coverage, and of the fairness and adequacy of statutory minimum wages in the Member States, in accordance with this Directive.
Amendment 875 #
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 or trade union members or representatives, from any adverse treatment by the employer or third parties 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 applicable law and enabling the exercise of rights relating to statutory minimum wages or minimum wage protection provided by collective agreements.
Amendment 882 #
Proposal for a directive
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. Freedom of movement of goods and capital, freedom to provide services, freedom of establishment and competition law must be understood in such a way that they do not restrict fundamental social rights or give rise to unfair competition in the internal market through wage dumping.
Amendment 887 #
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. The penalties provided for shall be effective, proportionate and dissuasive. Failure to comply with this Directive constitutes grounds for exclusion from public procurement contracts and direct and indirect European funding.