Activities of Silvia MODIG 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)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms
Amendments (88)
Amendment 174 #
Proposal for a directive
Recital 5
Recital 5
(5) The European Pillar of Social Rights41 , jointly proclaimed by the European Parliament, the Council, and the Commission, incorporates among its, in particular in Principles No 2, 5 and 7, the principles of equality of treatment and opportunities between women and men, and the right to equal pay for work of equal valueincluding regarding participation in the labour market, terms and conditions of employment and career progression; the right to equal pay for work of equal value; the right to fair and equal treatment regarding working conditions and access to social protection and training, regardless of the type and duration of the employment relationship; and the right of workers to be informed in writing at the start of employment about their rights and obligations. The right of men and women to equal pay for work of equal value is recognised also by the fundamental International Labour Organisation Equal Remuneration Convention of 1951 (No 100), and Article 4(3) of the Council of Europe (Revised) European Social Charter. _________________ 41 https://ec.europa.eu/commission/priorities/ deeper-and-fairer-economic-and-monetary- union/european-pillar-social- rights/european-pillar-social-rights-20- principles_en
Amendment 192 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
Amendment 196 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) The COVID-19 pandemic and its economic and social consequences have had a disproportionate impact on women and gender equality, job losses have been concentrated in female-dominated sectors and the effects of the pandemic will further widen gender inequalities and the gender pay gap unless the recovery response is gender sensitive. The effects of the COVID-19 pandemic have therefore made it even more pressing to tackle the issue of equal pay for equal work or work of equal value. Strengthening the implementation of the principle of equal pay through further measures is particularly important to ensure that progress which has been made in addressing disparities in pay as between women and men is not compromised.
Amendment 199 #
Proposal for a directive
Recital 8 b (new)
Recital 8 b (new)
(8b) Even before the COVID-19 pandemic the situation of immigrant and foreign women workers has been difficult. In particular, changes in government practices and legislation are needed to effectively address and combat the exploitation of foreign and immigrant workers. It is easier for foreign workers to understand the rules of the working life and to integrate in general if they know the local languages, and in this way have better tools to compare their pay to other workers and have access to information, and increase pay transparency. It is therefore necessary to find ways to bring the exploitation of foreign and immigrant workers more fully to the attention of the authorities and to develop multilingual and free channels and services for foreign and immigrant workers for this purpose.
Amendment 240 #
Proposal for a directive
Recital 14
Recital 14
(14) Article 10 of the Treaty on the Functioning of the European Union provides that, in defining and implementing its policies and activities, the Union shall aim to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. Article 4 of Directive 2006/54/EC provides that there shall be no direct or indirect discrimination on grounds of sex, notably in relation to pay and implements the principle of equal pay in providing that, for same work or work to equal value is attributed, direct and indirect discrimination on grounds of sex is prohibited in all aspects and conditions of remuneration. Gender- based pay discrimination where a victim’s sexgender plays a crucial role can take many different forms in practice. It may involve an intersection of various axes of discrimination or inequality where the worker is a member of one or several groups protected against discrimination on the basis of sexgender, on the one hand, and racial or ethnic origin, religion or belief, disability, age or sexual orientation (as protected under Article 21(1) of the Charter, Directive 2000/43/EC or Directive 2000/78/EC), on the other hand. Migrant women, women with disabilities and women of a diverse racial, ethnic or social origin are among groups who face such multiple forms of discrimination. This directive should therefore clarify that, in the context of gender-based pay discrimination, such a combination should be taken into account, thus removing any doubt that may exist in this regard under the existing legal framework. This should ensure that the courts, the equality body designated pursuant to Article 20 of Directive 2006/54/EC, or other competent authorities take due account of any situation of disadvantage arising from intersectional discrimination, in particular for substantive and procedural purposes, including to recognise the existence of discrimination, to decide on the appropriate comparator, to assess the proportionality, and to determine, where relevant, the level of compensation awarded or penalties imposed. An intersectional approach is crucial to understanding, tackling and resolving the multiple forms of discrimination that compound the gender pay gap for women in all their diversity.
Amendment 268 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) In addition, and to facilitate gender-neutral evaluation of jobs on female-dominated sectors, where it is very difficult to claim gender discrimination if the comparison is required to come from the same sector, Member States should ensure that the tools and methodologies to assess and compare the value of work allow also for a comparison between workers across sectors.
Amendment 284 #
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) Member States should ensure the development of actions to provide technical assistance in the form of guidelines, practical tools, training and financial support for the implementation of the measures provided for in this Directive, including for the design and implementation of objective, gender- neutral job evaluation systems and ensure the involvement of the social partners in such actions.
Amendment 301 #
Proposal for a directive
Recital 21
Recital 21
(21) In order to disrupt the perpetuation of a pay gap between female and male workworkers of different genders affecting individual workers over time, employers should not be allowed to enquire about the prior pay history of the applicant for a job. ensure that vacancy notices and job recruitment processes are gender neutral, and should not be allowed to enquire about the prior pay history of the applicant for a job. The information on vacancy notices and job recruitment processes should be provided in accessible formats for people with disabilities upon their request, in accordance with Union law, in particular with Directives (EU) 2016/2102 and (EU) 2019/882 of the European Parliament and of the Council.
Amendment 312 #
Proposal for a directive
Recital 23
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, including all elements of pay, that comprise wages or salary and all other benefits paid directly or indirectly in cash or in kind by the employer to the worker. The information should be provided in accessible formats for workers with disabilities upon their request, into account the size of the organisationrdance with Union law, in particular with Directives (EU) 2016/2102 and (EU) 2019/882 of the European Parliament and of the Council.
Amendment 320 #
Proposal for a directive
Recital 24
Recital 24
(24) All workers, personally or through their representatives, 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 initiative, opt for providing such information without workers needing to request it.
Amendment 321 #
Proposal for a directive
Recital 24
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. The information should be provided in accessible formats for workers with disabilities upon their request, in accordance with Union law, in particular with Directives (EU) 2016/2102 and (EU) 2019/882 of the European Parliament and of the Council. Employers must inform workers of this right on an annual basis. Employers may also, on their own initiative, opt for providing such information without workers needing to request it.
Amendment 338 #
Proposal for a directive
Recital 25
Recital 25
(25) Employers with at least 2510 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 oalongside other worker- related matters in their management report, where an employer is required to draw up such a report pursuant to Directive 2013/34/EU of the European Parliament and of the Council52. The information should be provided in accessible formats for workers with disabilities upon their worker-related matters in their management reportrequest, in accordance with Union law, in particular with Directives (EU) 2016/2102 and (EU) 2019/882 of the European Parliament and of the Council. _________________ 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).
Amendment 345 #
Proposal for a directive
Recital 27
Recital 27
(27) To reduce the burden on employers, Member States cshould decide to gather and interlink the necessary data through their national administrations allowing for a computation of the pay gap between female and male workers per employer. Such data gathering may require interlinking data from several public administrations (such as tax inspectorates and social security offices) and would be possible if administrative data matching employers’ (company/organisational level) to workers’ (individual level) data, including benefits in cash and in-kind, are available. The publication of the required information by Member States cshould decide to gather this information not only for those employers covered by the pay reporting obligation under this Directive, but also wireplace the obligation of pay reporting on those employers covered by the administrative data provided that the regard to small and medium-sized enterprises. The pusult intended by the reporting oblicgation of the required information by Member States should replace the obligation of pay reporting on those employers covered by the administrative data provided that the result intended by the reporting obligation is achievedis achieved. Member States should also provide support to employers and the social partners, including by providing guidelines, templates and training with the aim of facilitating the fulfilment of reporting and reducing the burden on employers, in particular micro, small and medium-sized enterprises.
Amendment 351 #
Proposal for a directive
Recital 28
Recital 28
(28) In order to make the information on the pay gap between female and male workers at organisational level widely available, Member States should entrust the monitoring body designated pursuant to this Directive to aggregate the data on the pay gap received from employers without putting additional burden on the latter. The monitoring body should make these data public, including by publishing them on an easily accessible website, allowing to compare the data of individual employers, sectors and regions of the Member State concerned.
Amendment 370 #
Proposal for a directive
Recital 29 a (new)
Recital 29 a (new)
(29a) Where unjustified pay differences have been found on the basis of objective, gender-neutral criteria, employers and workers’ representatives, should prepare a Gender Action Plan which provides for concrete measures and aims to close the gender pay gap within the employer. The Gender Action Plan should be reviewed regularly.
Amendment 384 #
Proposal for a directive
Recital 33
Recital 33
(33) Involving equality bodies, besides other stakeholders, is instrumental in effectively applying the principle of equal pay. The powers and mandates of the national equality bodies should therefore be adequate to fully cover gender pay discrimination, including any pay transparency or any other rights and obligations laid down in this Directive. Equality bodies should be involved in the enforcement of the relevant provisions and provide support to trade unions in representing workers in equal pay claims to reduce obstacles faced by victims in bringing a claim and thus strengthening enforcement of the relevant provisions. In order to overcome the procedural and cost- related obstacles that workers who believe to be discriminated against face when they seek to enforce their right to equal pay, equality bodies, as well as associations, organisations, bodies and workers’ representatives, or other legal entities with an interest in ensuring equality between men and womenworkers of different genders, should be able to represent individuals. They should be able to decide to assist workers on their behalf or in their support, which would allow workers who have suffered discrimination to effectively claim their rights and the principle of equal pay to be enforced.
Amendment 398 #
Proposal for a directive
Recital 36
Recital 36
(36) Compensation should cover in full the loss and damage sustained as a result of gender pay discrimination54 . It should include full recovery of back pay and related bonuses or payments in kind, compensation for lost opportunities and moral prejudice, and it should take into account gender-based pay discrimination that intersects with additional grounds of discrimination. No prior fixed upper limit for such compensation should be allowed. _________________ 54 Case C-407/14, María Auxiliadora Arjona Camacho v Securitas Seguridad España SA, ECLI:EU:C:2015:831, para. 45.
Amendment 402 #
Proposal for a directive
Recital 37
Recital 37
(37) In addition to compensation, other remedies should be provided. Courts should, for instance, be able to require an employer to take structural or organisational measures to comply with its obligations regarding equal pay. Such measures may include, for instance, an obligation to review the pay setting mechanism based on a gender-neutral evaluation and classification; to set up an aor review their Gender Action pPlan to eliminate the discrepancies discovered and to reduce any unjustified gaps in pay; to provide information and raise workers’ awareness about their right to equal pay; to establish a mandatory training for human resources staff on equal pay and gender- neutral job evaluation and classification.
Amendment 413 #
Proposal for a directive
Recital 40
Recital 40
(40) In accordance with the case-law of the Court, national rules on time limits for the enforcement of rights under this Directive should be such that they cannot be regarded as capable of rendering virtually impossible or excessively difficult the exercise of those rights. Limitation periods create specific obstacles for victims of gender pay discrimination. For that purpose, common minimum standards should be established. Those standards should determine when the limitation period begins to run, the duration thereof and the circumstances under which it is interrupted or suspended and provide that the limitation period for bringing claims is at least threfive years.
Amendment 421 #
Proposal for a directive
Recital 41
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, successful claimants should be allowed to recover their procedural costs 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.
Amendment 432 #
Proposal for a directive
Recital 44
Recital 44
(44) Obligations on employers stemming from this Directive are part of the applicable obligations in the fields of environmental, social and labour law whose compliance Member States have to ensure under Directive 2014/23/EU of the European Parliament and of the Council56 , Directive 2014/24/EU of the European Parliament and of the Council57 , Directive 2014/25/EU of the European Parliament and of the Council58 in regard to participation in public procurement procedures. In order to comply with these obligations as far as the right to equal pay is concerned, Member States should in particular ensure that economic operators, in the performance of a public contract or concession, have pay setting mechanisms that do not lead to a pay gap between female and male workers that cannot be justified by gender-neutral factors in any category of workers carrying out equal work or work of equal value. In addition, Member States should 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. They mayshould also take into account non- compliance with the principle of equal pay by the bidder or one of his subcontractors when considering the application of exclusion grounds or a decision not to award a contract to the tenderer submitting the most economically advantageous tender. _________________ 56 Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts, OJ L 94, 28.3.2014, p. 1. 57 Directive 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. 58 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.
Amendment 445 #
Proposal for a directive
Recital 49
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).
Amendment 456 #
Proposal for a directive
Recital 52
Recital 52
(52) In implementing this Directive Member States should avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of micro, small and medium-sized enterprises. Member States are therefoMember States are invited to assess the impact of their transposition act, on of this Directive, on micro, small and medium- sized enterprises in order to ensure that they are not disproportionately affected, giving specific attention to micro- enterprises, to alleviate the administrative burden, and to publish the results of such assessments.
Amendment 488 #
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) ‘pay gap’ means the difference of average pay levels between female and male workers of the employer, expressed as percentage of the average pay level of male workers; in circumstances when a person identifies as neither a man or a woman, the comparison is with person of another gender, carrying out equal work or work of equal value, with the highest pay;
Amendment 494 #
Proposal for a directive
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) ‘median pay gap’ means the difference between the median pay level off female and median pay level of male workers expressed as percentage of the median pay level of male workers; in circumstances when a person identifies as neither a man or a woman, the comparison is with person of another gender, carrying out equal work or work of equal value, with the highest pay.
Amendment 498 #
Proposal for a directive
Article 3 – paragraph 1 – point f a (new)
Article 3 – paragraph 1 – point f a (new)
(fa) ‘work of equal value’ means work that is determined to be of equal value in accordance with non-discriminatory and objective gender-neutral criteria as set out in Article 4(3).
Amendment 501 #
Proposal for a directive
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) ‘category of workers’ means workers performing the same work or work of equal value grouped by the workers’ employer based on criteria as laid down in Article 4 of this Directive and specified by the employer concerned in consultation with workers’ representatives;
Amendment 507 #
Proposal for a directive
Article 3 – paragraph 1 – point g a (new)
Article 3 – paragraph 1 – point g a (new)
(ga) ‘workers' representatives’ means: (a) trade union representatives, namely, representatives designated or elected by trade unions or by members of such unions in accordance with national legislation and practice; (b) elected representatives, namely, representatives who are freely elected by the workers of the undertaking, not under the domination or control of the employer in accordance with provisions of national laws or regulations or of collective agreements and whose functions do not include activities which are the exclusive prerogative of trade unions; Where there exist (according to national law and practice) in the same undertaking both trade union representatives and elected representatives, appropriate measures shall be taken to ensure that the existence of elected representatives is not used to undermine the position of the trade unions concerned or their representatives, ensuring their exclusive prerogatives and rights as well as workers' right to organise in a trade union and to collective bargaining.
Amendment 513 #
Proposal for a directive
Article 3 – paragraph 1 – point i
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;
Amendment 515 #
Proposal for a directive
Article 3 – paragraph 1 – point i a (new)
Article 3 – paragraph 1 – point i a (new)
(ia) “intersectional discrimination” refers to discrimination on the basis of two or more grounds or characteristics or identities which operate and interact with each other at the same time in such a way as to be inseparable, producing distinct and specific forms of discrimination;
Amendment 520 #
Proposal for a directive
Article 3 – paragraph 1 a (new)
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.
Amendment 531 #
Proposal for a directive
Article 4 – paragraph -1 (new)
Article 4 – paragraph -1 (new)
-1. Member States shall clarify the concept of ‘work of equal value’ in national law, in accordance with the case law of the Court and point 10 of Recommendation 2014/124/EU, basing the value of work on objective, gender neutral criteria in accordance with paragraph 3 of this article.
Amendment 547 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall take the necessary measures ensuring that tools or methodologies are established toand are easily accessible to workers and employers for the purpose of assessing and compareing the value of work in line with the criteria set out in this Article. These tools or methodologies mayshall be established with the involvement of social partners and the support of equality bodies, and shall include gender-neutral job evaluation and classification systems.
Amendment 556 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The tools or methodologies referred to in paragraph 2 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 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. , gender neutral criteria. Those gender neutral criteria shall be agreed with the social partners. Those criteria shall cover at least the following: (a) educational, professional and training requirements; (b) skills, including the knowledge necessary to meet the requirements of a job, interpersonal skills and problem solving, education, training, experience, knowledge, organisational skills; (c) effort, including mental, psycho-social and physical effort; (d) responsibility, including for people, goods and equipment, information and financial resources, responsibility, including accountability, information or financial resources; (e) working conditions, including those relating to the working environment (physical, psychological and emotional) and the organisational environment. The tools or methodologies referred to in paragraph 2 shall not contain or be based on criteria which are based, whether directly or indirectly, on workers’ gender. Member States shall provide support to employers and the social partners, including training and detailed guidance on establishing the objective, gender- neutral criteria referred to in the first subparagraph of this paragraph and the tools and methodologies referred to paragraph 2.
Amendment 560 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – 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 gender- neutral criteria which shall include educational, professional and training requirements, skills, effort and responsibility, work undertakould include aspects of jobs carried out predominantly by women that are frequently overlooked. Those criteria shall include but not be limited to: a) educational, professional and training requirements, acquired learning and knowledge; b) skills, including experience, interpersonal skills, problem solving, judgement and the nature of the tasks involved. They shall not organisational skills; c) effort, including mental, emotional, psycho-social and physical effort; d) accountain or be based on criteria which are based, whether directly or indirectly, on workers’ sex. bility and responsibility, including for people, goods and equipment, information and financial resources; e) working conditions, including those relating to the working environment (physical, psychological and emotional) and the organisational environment.
Amendment 580 #
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Whenever differences in pay can be attributed to a single source establishing the pay conditions, the assessment whether workers are carrying out the same work or work of equal value shall not be limited to situations in which female and male workers work for the same employer but may be extended to that single source. The assessment shall also not be limited to workers employed at the same time or in the same sector as the worker concerned. Where no real comparator can be established, a comparison with a hypothetical comparator on the basis of the criteria referred to in paragraph 3 or the use of other evidence allowing to presume alleged discrimination shall be permitted. The hypothetical comparator shall facilitate cross-sectoral comparisons.
Amendment 587 #
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Where aMember States shall ensure that employers and workers' representatives are provided with the necessary tools and guidance to introduce gender-neutral job evaluation and classification system is useds for determining pay, it shall be based on the same criteria for both men and women and drawn up so as to exclude any discrimination on grounds of sex. Such job evaluation and classification systems shall be based on gender-neutral criteria drawn up so as to exclude any discrimination on grounds of sex and ensure that skills associated with female dominated jobs are not undervalued.
Amendment 592 #
Proposal for a directive
Article 5 – paragraph -1 (new)
Article 5 – paragraph -1 (new)
-1. Employers shall ensure that vacancy notices, job titles and recruitment processes are gender neutral.
Amendment 595 #
Proposal for a directive
Article 5 – paragraph 1
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.
Amendment 610 #
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Employers shall ensure that vacancy notices, job titles and recruitment processes are gender neutral and that the information is provided in accessible formats for workers with disabilities upon request, in accordance with Union law, in particular with Directives (EU) 2016/2102 and (EU)2019/882 of the European Parliament and of the Council.
Amendment 612 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
The employer shall make easily accessible to its workers and workers’ representatives, including trade unions (workers’ representatives), a description of the criteria used to determine pay levels and career progression for workers. These criteria shall be gender-neutra, including all elements of pay that comprise wages or salary and all other benefits paid directly or indirectly in cash or in kind by the employer to the worker. These criteria shall be gender-neutral and in line with the criteria laid down in Article 4. The information shall be provided in accessible formats for workers with disabilities upon their request, in accordance with Union law, in particular with Directives (EU)2016/2102 and (EU) 2019/882 of the European Parliament and of the Council.
Amendment 618 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
The employer shall make easily accessible to its workers and workers’ representatives a description of the criteria used to determine pay levels and career progression for workers. These criteria shall be gender-neutral in line with the ones laid down in Article 4.
Amendment 626 #
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
Member states shall ensure that workers and their trade unions can request from the employer clear and complete information on pay levels, broken down by gender, for categories of workers doing the same work or work of equal value. This information shall include complementary or variable components beyond the fixed basic salary, such as payments in kind, performance-related payments and bonuses. It shall include information on the job evaluation criteria used to determine pay for categories of workers doing the same work or work of equal value.
Amendment 629 #
Proposal for a directive
Article 7 – paragraph 1
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.
Amendment 648 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Employers shall inform all workers, on an annual basis, of their right to receive the information referred to in paragraph 1, and on the steps the worker should undertake to make use of their right.
Amendment 656 #
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Workers shall have the possibilityright to request the information referred to in paragraph 1 through their representatives or an equality body, in order to guarantee confidentiality and anonymity. Workers shall, personally or through their workers’ representatives, have the right to request additional clarifications and details regarding any of the data provided, and receive a substantiated reply. Workers’ representatives, including trade unions, shall have the possibility to request information on pay level on behalf of a worker, broken down by sex and categories of workers.
Amendment 666 #
Proposal for a directive
Article 7 – paragraph 5
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.
Amendment 668 #
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
Amendment 723 #
Proposal for a directive
Article 8 – paragraph 1 – point g a (new)
Article 8 – paragraph 1 – point g a (new)
(ga) the average pay levels by category of workers broken down by gender.
Amendment 727 #
Proposal for a directive
Article 8 – paragraph 1 – point g b (new)
Article 8 – paragraph 1 – point g b (new)
(gb) information on the criteria used to determine pay.
Amendment 729 #
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. Employers shall provide the information referred to in paragraph 1 by ... [2 years after the entry into force of this Directive] and thereafter as follows: (i) for employers with 10 to 50 workers, every three years; (ii) for employers with 50 to 250 workers, every two years; (iii) for employers with at least 250 workers, every year. Employers shall provide the information published in a user-friendly way on their website or shall otherwise make it publicly available, and upon request. The information shall be published in a way accessible to persons with disabilities, in accordance with Union law, in particular with Directives (EU) 2016/2102 and (EU) 2019/882of the European Parliament and of the Council.
Amendment 737 #
Proposal for a directive
Article 8 – paragraph 2
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.
Amendment 758 #
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Member States shall provide support, technical assistance and training, in particular for microenterprises and small and medium-sized enterprises, to comply with the obligations pursuant to this Article. Member States may decide to compile the information set out in paragraph 1, points (a) to (f) 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.
Amendment 765 #
Proposal for a directive
Article 8 – paragraph 5
Article 8 – paragraph 5
5. TWith the same frequency as that laid down in paragraph 3, the employer shall provide the information referred to in paragraph 1, point (g) to all workers and their representatives, as well as to the monitoring body referred to in paragraph 6. It shall also provide it to the labour inspectorate, trade unions and the equality body upon their request. The information from the previous four years, if available, shall also be provided upon request.
Amendment 779 #
Proposal for a directive
Article 8 – paragraph 7
Article 8 – 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 time 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 close cooperation with the workers’ representatives, the labour inspectorate and/or the equality body. Employers, workers’ representatives and the equality body shall take into account and address any additional forms of discrimination and unconscious bias.
Amendment 791 #
Proposal for a directive
Article 8 – paragraph 7 a (new)
Article 8 – paragraph 7 a (new)
7a. The implementation of the Directive shall not be used to reduce existing reporting obligations on employers.
Amendment 831 #
Proposal for a directive
Article 9 – paragraph 2 – point e
Article 9 – paragraph 2 – point e
(e) measuresa Gender Action Plan to address such differences if they are not justified on the basis of objective and gender-neutral criteria. This Gender Action Plan shall be elaborated in consultation with workers’ representatives, and supported where possible by equality bodies. It may include examining the causes of the pay gap from recruitment, promotion, occupational segregation, flexibility and care responsibilities and measures to address the gender gaps. Where applicable, the Gender Action Plan shall be included in the management report drawn up pursuant to Directive 2013/34/EU;
Amendment 837 #
Proposal for a directive
Article 9 – paragraph 2 – point f
Article 9 – paragraph 2 – point f
(f) a monitoring report on the effectiveness of any measures mentioned in previous joint pay assessmentthe Gender Action Plan and review mechanisms.
Amendment 844 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Employers shall make the joint pay assessments available in easily accessible formats to workers, workers’ representatives, the monitoring body designated pursuant to Article 26, the equality body and the labour inspectorate.
Amendment 861 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. To the extent that any information provided pursuant to measures taken under Articles 7, 8, and 9 involves the processing of personal data, it shall be provided in accordance with Regulation (EU) 2016/679. Compliance with this Regulation shall not be used as a reason to deny any information necessary 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.
Amendment 871 #
Proposal for a directive
Article 11 – title
Article 11 – title
Amendment 872 #
Proposal for a directive
Article 11 – paragraph -1 (new)
Article 11 – paragraph -1 (new)
-1 Member States shall ensure that measures to address pay discrimination and the undervaluation of work predominantly carried out by women, as well as other measures aimed at closing the gender pay gap, are discussed at the appropriate level of collective bargaining with the involvement of trade unions. Such measures shall include the development and use of job evaluation and classification systems free from gender bias.
Amendment 876 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Without prejudice to the autonomy of social partners and in accordance with national law and practice, Member States shall ensure that the rights and obligations under this Directive are discussedtransposed, implemented and monitored in full consultation with social partners.
Amendment 877 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Without prejudice to the autonomy of social partners and in accordance with national law and practice, Member States shall ensure that the rights and obligations under this Directive are discussedtransposed in full consultation with social partners.
Amendment 879 #
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
Without prejudice to the autonomy of the social partners, Member States shall take measures to guarantee that trade unions can collectively bargain, at the appropriate level, to close the gender pay gap, including on measures to address pay discrimination and the undervaluation of work predominantly carried out by women. Such measures shall include the development and use of job evaluation and classification systems free from gender bias with the involvement of trade unions. Without prejudice to the autonomy of social partners and in accordance with national law and practice, Member States shall ensure that the rights and obligations under this Directive are transposed in full consultation with social partners.
Amendment 896 #
Proposal for a directive
Article 13 – paragraph 2 a (new)
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
Amendment 897 #
Proposal for a directive
Article 13 – paragraph 2 a (new)
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.
Amendment 899 #
Proposal for a directive
Article 13 – paragraph 2 b (new)
Article 13 – paragraph 2 b (new)
2b. Member states shall reduce procedural obstacles to the bringing of equal pay cases to the court.
Amendment 903 #
Proposal for a directive
Article 14 – paragraph 2
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.
Amendment 914 #
Proposal for a directive
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
The structural or organisational measures referred to in the first paragraph, point (b), may include an obligation to review the pay-setting mechanism based on gender-neutral job evaluation or classification systems, the establishment of an action plan to eliminate the discrepancies discovered, and measures to reduce any unjustified gender pay gaps.
Amendment 944 #
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Member States shall ensure that the limitation periods for bringing claims are set at threfive years at least.
Amendment 961 #
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
Claimants who prevail on a pay discrimination claim shall have the right to recover from the defendant, in addition to any other damages, reasonable legal and experts’ fees and costs. Defendants who prevail on a pay discrimination claim shall not have the right to recover any legal and experts’ fees from the claimant(s) and costs, unless the claim was brought in bad faith, was clearly frivolous or where such non-recovery is considered manifestly unreasonable under the specific circumstances of the case.
Amendment 972 #
Proposal for a directive
Article 20 – paragraph 2 – introductory part
Article 20 – paragraph 2 – introductory part
2. Member States shall ensure that fines are applied to infringements of the rights and obligations relating to equal pay for the same work or work of equal value. They shall set a minimum level for such fines ensuringpercentage based on the employer’s gross annual turnover as a minimum level for such fines and shall ensure that minimum level is proportionate and has a real deterrent effect. The level of the fines shall take into account:
Amendment 978 #
Proposal for a directive
Article 20 – paragraph 2 – point c
Article 20 – paragraph 2 – point c
(c) any other aggravating or mitigating factor applicable to the circumstances of the case. such as where gender-based pay discrimination intersects with other grounds of discrimination, or relevant mitigating factors.
Amendment 1003 #
Proposal for a directive
Article 22 a (new)
Article 22 a (new)
Article 22 a Intersectionality 1. Member States shall ensure that in legal proceedings aiming to enforce the rights and obligations relating to equal pay for equal work or work of equal value, the courts, the equality bodies and other competent authorities duly assess the existence of other grounds of discrimination protected under Directives 2000/43/EC or 2000/78/EC and take due account of such discrimination for substantive and procedural purposes. 2. Member States, employers, workers' representatives, equality bodies and monitoring bodies designated pursuant to Article 26 shall, where possible, take into account the existence of intersectional forms of discrimination when implementing and reporting on pay transparency measures and develop and implement specific actions to identify and address situations in which gender-based pay discrimination intersects with other grounds of discrimination. They may also analyse and revise any practice or criteria that could be discriminatory and tackle and find solutions for the concerns of women facing intersecting forms of discrimination within a particular workplace or sector. 3. When collecting data received from employers, the equality bodies shall, where possible, analyse that data in a way that takes account of multiple and intersectional forms of discrimination.
Amendment 1008 #
Proposal for a directive
Article 25 – paragraph 2 a (new)
Article 25 – paragraph 2 a (new)
2 a. Member States shall take measures to ensure that the social partners, without prejudice to their autonomy, are given the possibility to be consulted with and involved in the operation of equality bodies.
Amendment 1020 #
Proposal for a directive
Article 26 – paragraph 2
Article 26 – paragraph 2
2. Each Member State shall designate a tripartite body (‘monitoring body’) for the monitoring and support of the implementation of national legal provisions implementing this Directive and shall make the necessary arrangements and ensure adequate resources for the proper functioning of such body. The monitoring body may be part of existing bodies or structures at national level.
Amendment 1027 #
Proposal for a directive
Article 26 – paragraph 3 – point b
Article 26 – paragraph 3 – point b
(b) to tackle the causes of the gender pay gap and devise tools to help analyse and assess pay inequalitiesdevise tools, methodologies and guidance to help analyse and assess pay inequalities in order to tackle the causes of the gender pay gap;
Amendment 1034 #
Proposal for a directive
Article 26 – paragraph 3 – point c
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;
Amendment 1038 #
Proposal for a directive
Article 26 – paragraph 3 – point c a (new)
Article 26 – paragraph 3 – point c a (new)
Amendment 1044 #
Proposal for a directive
Article 26 – paragraph 3 – point e a (new)
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;
Amendment 1046 #
Proposal for a directive
Article 26 – paragraph 3 – point e b (new)
Article 26 – paragraph 3 – point e b (new)
(eb) to raise awareness of gender-based pay discrimination intersecting with various axes of discrimination such as racial or ethnic origin, religion or belief, disability, age or sexual orientation as protected under Directive 2000/43/EC or 2000/78/EC.
Amendment 1048 #
Proposal for a directive
Article 26 – paragraph 3 a (new)
Article 26 – paragraph 3 a (new)
3a. The monitoring body shall assist Member States in their efforts to combat the gender pay gap by providing guidance and sharing best practices on policies and methodologies to determine and compare work of equal value, including across sectors with a concrete focus on combating the systemic undervaluation of work in female dominated sectors and making full use, where appropriate of the data, knowledge and capacities of the European Institute for Gender Equality.
Amendment 1054 #
Proposal for a directive
Article 26 a (new)
Article 26 a (new)
Article 26 a Gender inclusive approach 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 person of another gender, carrying out equal work or work of equal value, with the highest pay.
Amendment 1059 #
Proposal for a directive
Article 27 – paragraph 1 a (new)
Article 27 – paragraph 1 a (new)
Member States may entrust the social partners with the implementation of all or part of this Directive, provided that the results sought by this Directive are guaranteed at all times.
Amendment 1062 #
Proposal for a directive
Article 28 – paragraph 1
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.
Amendment 1080 #
Proposal for a directive
Article 31 – paragraph 2
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 workers and employers of microenterprises, small and medium- sized enterprises broken down by sectors, particularly female-dominated ones, and a reference to where such assessment is published.
Amendment 1088 #
Proposal for a directive
Article 32 – paragraph 1
Article 32 – paragraph 1
1. By [eightfive years after the entry into force] Member States shall communicate to the Commission all information on how this Directive has been applied and what has been its impact in practice.