50 Amendments of Radan KANEV related to 2020/0310(COD)
Amendment 133 #
Proposal for a directive
Recital 6
Recital 6
(6) Better working and living conditions, including through adequate and fair minimum wages, including hourly- based minimum income, benefit both workers and businesses iIn the Union and are a prerequisite for achieving inclusive and sustainable growth. Addressing large differences in the coverage and adequacy of minimum wage protection in different Member States and regions contributes to improving the fairness of the EU labour market and promote economic, social progress and upward convergence. Competition in the Single Market should be based on high social standards, the creation of quality jobs, innovation and productivity improvements ensuring a level playing field.
Amendment 141 #
Proposal for a directive
Recital 7
Recital 7
(7) When set at adequate and fair levels, minimum wages protect the income of disadvantaged workers, help ensure a decent living, and limit the fall in income during bad times, as recognised in Convention 131 of the International Labour Organiszation (ILO) on the establishment of a system of minimum wage fixing. Minimum wages, including hourly-based minimum income, contribute to sustaining domestic demand on national and regional level, strengthen incentives to work, reduce wage inequalities and in- work poverty.
Amendment 142 #
Proposal for a directive
Recital 7
Recital 7
(7) When set at adequate levels, minimum wages protect the income of disadvantaged workers, help ensure a decent living, and limit the fall in income during bad times, as recognised in Convention 131 of the International Labour Organisation on the establishment of a system of minimum wage fixing. Minimum wages including hourly-based minimum income, contribute to sustaining domestic demand on national and regional level, strengthen incentives to work, reduce wage inequalities and in- work poverty.
Amendment 154 #
Proposal for a directive
Recital 8
Recital 8
(8) Women, young and low-skilled workers and persons with disabilities have a higher probability of being minimum wage or low wage earners than other groups. During economic downturns, such as the Covid-19 crisis, the role of minimum wages in protecting low-wage workers becomes increasingly important and is essential to support a sustainable and inclusive economic recovery. Addressing minimum wage reduces discrimination against people with disabilities and contributes to respecting the needs of all generations, contributes to gender equality, closing the gender pay and pension gap as well as elevating women out of poverty.
Amendment 161 #
Proposal for a directive
Recital 9
Recital 9
(9) The Covid-19 pandemic is having a significant impact on the services sector and small firms, which both have a high share of minimum wage earners. In addition, minimum wagesMinimum wages and especially hourly-based minimum income are also important in view of the structural trends that are reshaping labour markets and which are increasingly characterised by high shares of non-standard and precarious work, including part-time job and work for several employers at a time. These trends have led, in many cases, to an increased job polarisation resulting in an increasing share of low-paid and low- skilled occupations in most Member States, as well as to higher wage inequality in some of them.
Amendment 171 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9 a) While labour market flexibility and new forms of employment, including part-time work and work for numerous employers are not generally and necessarily disadvantageous and are sometimes preferred by workers themselves, they should not lead to in- work poverty or the evasion of minimum wage regulations and agreements.
Amendment 172 #
Proposal for a directive
Recital 9 b (new)
Recital 9 b (new)
(9 b) New technologies, innovative administrative approach and new forms of social dialogue and collective bargaining should therefore be developed, in order to guarantee the minimum wage and protection for all workers in the new social and economic realities of digital economy.
Amendment 179 #
Proposal for a directive
Recital 11
Recital 11
(11) Minimum wage protection set out by collective agreements in low-paid occupations is adequate in most cases; s and has proven to be an effective means by which to tackle in-work poverty. Special efforts shall be therefore designated to expand minimum wage protection through collective agreements to new and non-standard forms of employment, including workers with disabilities in sheltered workshops, part-time jobs and temporary employment agency workers Statutory minimum wages are usually low compared to other wages in the economy in severalmany Member States. In 2018, the statutory minimum wage did not provide sufficient income for a single minimum- wage earner to reach the at-risk-of- poverty threshold in nine Member States. In addition, the use of reduced minimum wage rates (variations) and deductions from statutory minimum wages negatively affect their adequacy.
Amendment 188 #
Proposal for a directive
Recital 12
Recital 12
(12) Not all workers in the Union are protected by minimum wages. In some Member States some workers, even though they are covered, receive in practice a remuneration below the statutory minimum wage due to the non-either on hourly, weekly or monthly base, due to the failure to respect of existing rules and due to current variations of and deductions from the statutory minimum wage. In particular, such non-compliance has been found to affect notably women, young workers, low-skilled workers, non- standard workers, part-time workers, people with disabilities and agricultural workers. In Member States where minimum wage protection is provided only through collective agreements, the share of workers not covered is estimated to vary from 2% to 55% of all workers.
Amendment 195 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12 a) The high shares of workers, unprotected by minimum wage agreements is especially due to the failure to expand collective agreement to non- standard, mobile, seasonal and part-time workers and to the inadequacy of existing forms of collective bargaining to the new labour market realities.
Amendment 205 #
Proposal for a directive
Recital 13
Recital 13
(13) While strong collective bargaining at sector or cross-industry level contributes to ensuring adequate minimum wage protection, traditional collective bargaining structures have been eroding during the last decades, in part due to structural shifts in the economy towards less unionised sectors and to the decline in trade union membership related to the increase of atypical and new forms of work.
Amendment 209 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13 a) To achieve this goal, it is of the utmost importance to reform and adapt, including through the assistance of competent EU bodies, the national systems of social dialogue and collective bargaining to the social and economic realities and the labour market requirements of the 21st century.
Amendment 211 #
Proposal for a directive
Recital 14
Recital 14
(14) The Commission has consulted management and labour in a two-stage process with regard to possible action to address the challenges related to adequate minimum wages protection in the Union, in accordance with Article 154 of the Treaty on the Functioning of the European Union. There was no agreement among the social partners to enter into negotiations with regard to those matters. It is, however, important to take action at Union level, while preserving the competences of the Member States and respecting the principle of subsidiarity, to ensure that workers in the Union are protected by adequate minimum wages, taking into account the outcomes of the social partners’ consultation.
Amendment 217 #
Proposal for a directive
Recital 15
Recital 15
(15) This Directive establishes minimum requirements at Union level, while preserving the competences of the Member States and respecting the principle of subsidiarity, to ensure both that minimum wages are set at adequate level and that workers have access to minimum wage protection, in the form of a statutory minimum wage or in the form of wages set under collective agreements as defined for the purpose of this Directive.
Amendment 238 #
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 sector, 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, part- time workers, other non-standard workers, trainees and apprentices could fall within the scope of this Directive. Genuinely self-employed persons do not fall within the scope of this Directive since they do not fulfil those criteria. The abuse of the status of self-employed persons, as defined in national law, either at national level or in cross-border situations, is a form of falsely declared work that is frequently associated with undeclared work. Bogus self-employment occurs when a person is declared to be self-employed while fulfilling the conditions characteristic of an employment relationship, in order to avoid certain legal or fiscal obligations. Such persons should fall within the scope of this Directive. The determination of the existence of an employment relationship should be guided by the facts relating to the actual performance of the work and not by the parties' description of the relationship.
Amendment 248 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17 a) Member States should ensure compliance with the maximum working hours laid down in national law or collective agreements in the Member States in accordance with Directive 2003/88/EC of the European Parliament and of the Council, as well as other health and safety provisions, to ensure decent working conditions and to safeguard workers’ physical and mental well-being. Part-time workers, working for different employers and platform workers should also be protected against over-time working hours or over-time work without additional remuneration under national law or collective agreements, including through the adequate use of digital technologies.
Amendment 253 #
Proposal for a directive
Recital 18
Recital 18
(18) Collective bargaining should in any event be interpreted in line with ILO Conventions 98 on the Right to Organise and Collective Bargaining and 154 on Collective Bargaining, and ILO Recommendation 91 on Collective Agreements. Well-functioning collective bargaining on wage setting is an important means to ensure that workers are protected by adequate and fair minimum wages and that minimum wage arrangements adequately reflect national, regional and sectoral economic realities. In the Member States with statutory minimum wages, collective bargaining supports general wage developments and therefore contributes to improving the adequacy of minimum wages. In the Member States where minimum wage protection is provided exclusively by collective bargaining, their level as well as the share of protected workers are directly determined by the functioning of the collective bargaining system and collective bargaining coverage. Strong and well- functioning collective bargaining together with a high coverage of regional, sectorial or cross- industry collective agreements strengthen the adequacy and the coverage of minimum wages.
Amendment 268 #
Proposal for a directive
Recital 19
Recital 19
(19) In a context of declining collective bargaining coverage, it is essential that theall Member States promote advanced forms of collective bargaining, adequate to modern economic and technological realities and labour market requirements in the digital age, 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%, those who do not reach this level of coverage should, in consultation and/or agreement with the social partners, provide for or, where it already exists, strengthen a framework of facilitative procedures and institutional arrangements enabling the conditions for collective bargaining. Such framework should be established by law or by tripartite agreement.in accordance with national law and practice.
Amendment 277 #
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19 a) While minimum wage protection through collective agreements is generally more beneficial to both workers and businesses, and it is key to inclusion of various non-standard form of work, existing forms of collective bargaining are so far ineffective in meeting the needs of small businesses and technology-based employers. New forms of collective bargaining should be therefore encouraged.
Amendment 279 #
Proposal for a directive
Recital 20
Recital 20
(20) Sound rules, procedures and practice for setting and updating statutory minimum wages are necessary to deliver adequate and fair minimum wages, while safeguarding jobsexisting and creating new jobs and ensuring equal treatment, a level playing field and the competitiveness of firms including small and medium-sized enterprises. They include a number of elements to preserve the adequacy of statutory minimum wages, including criteria and indicators to assess adequacy, regular and timely updates, the existence of consultative bodies and the involvement of social partners. A timely, comprehensive and effective involvement of the latter, including in innovative and flexible forms of dialogue, reflecting new social and economic realities, is another element of good governance that allows for an informed and inclusive decision-making process.
Amendment 299 #
Proposal for a directive
Recital 21
Recital 21
(21) Minimum wages are considered adequate if they are fair in relation to the wage distribution in the country and if they provide a decent standard of living. 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 developments. Their adequacy should be assessed at least in relation to their purchasing power, to the productivity developments and to their relation to the gross wage levels, distribution and growth. The use of indicators commonly used at international level, such as 60% of the gross median wage and 50% of the gross average wage, can help guide the assessment of minimum wage adequacy in relation to the gross level of wages.
Amendment 302 #
Proposal for a directive
Recital 21
Recital 21
(21) Minimum wages are considered to be adequate if they are fair in relation to thand fair if they improve wage distribution in the country and if they provide a decent standard of living for workers and their families. 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 sectorial developments. Their adequacy should be assessed at least in relation to their purchasing power, to the productivity developments and to their relation to the gross wage levels, distribution and growth. The use of indicators commonly used at international level, such asinternationally recognised level of 60% of the gross median wage and 50% of the gross average wage, can help guide the assessment of minimum wage adequacy in relation to the gross level of wages, including on regional and sectorial basis. Almost all Member States with a statutory minimum wage fall short of that threshold of decency and should adjust the level accordingly, including on regional and sectorial level.
Amendment 314 #
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21 a) Given the significant differences in economic standards and cost of living, as well as inequalities in gross wages between regions in some Member States, regional levels of statutory minimum wage need to be considered, where regional collective agreements do not apply.
Amendment 319 #
Proposal for a directive
Recital 22
Recital 22
(22) To promote adequacynd ensure the adequacy and fairness of minimum wages for all groups of workers, variations and deductions from statutory minimum wages should be limited to ait is necessary to apply the principle of equal treatment. The exclusion of any worker from the protection of a statutory minimum wage cannot be justified. Variations of statutory minimum, while ensuring that social partners are duly consulted in their definition. Some deductions to statutory minimum wages may be justified by a legitimate aim, including overstated amounts paid or deductions ordered by a judicial authority. Others, such as deductions related to theages 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 ofin-kind 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, except on the basis of a sectorial collective agreement.
Amendment 334 #
Proposal for a directive
Recital 23
Recital 23
(23) An effective enforcement system, including controls and field inspections, is necessary to ensure the functioning of national statutory minimum wage frameworks. To strengthen the effectiveness of enforcement authorities, a close cooperation with the social partners is also needed, including to address critical challenges such as those related to sub- contracting, bogus self-employment or non-recorded overtime. Moreover, workers should have easily access to appropriate information on applicable statutory minimum wages, also in formats accessible to people with different types of disabilities, to ensure an adequate degree of transparency and predictability as regards their working conditions.
Amendment 343 #
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-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 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 Council41 on procurement by entities operating in the water, energy, transport and postal services sectors and Articles 30(3) and 42(1) of Directive 2014/23/EU of the European Parliament and the Council42 on the award of concession contracts. __________________ 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 352 #
Proposal for a directive
Recital 26
Recital 26
(26) Workers should be informed about and be in a position to exercise their right of defence when their rights relating to established minimum wage protection, including hourly-based minimum income, are violated. In order to prevent that workers are deprived from their rights, and without prejudice to specific forms of redress and dispute resolution provided for in collective agreements, including systems of collective dispute resolution, such as voluntary recourse to mediation, Member States should take the necessary measures to ensure that they have access to effective and impartial dispute resolution and a right to redress, including to adequate compensation, as well as effective protection from any form of detriment in casef they decide to exercise their right of defence. Member States should assess how impartial dispute resolution can be further improved in agreement with social partners. Member States should ensure the effective, timely, proportionate and dissuasive enforcement of this Directive in accordance with national law and practice.
Amendment 380 #
Proposal for a directive
Recital 30
Recital 30
(30) 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 therefore invitobliged to assess the impact of their transposition act on small and medium-sized enterprises in order to ensure that they are not disproportionately affected, giving specific attention to micro-enterprises and to the administrative burden, and to publish the results of such assessments. If found that micro, small and medium-sized enterprises are disproportionately affected, Member States should consider introducing measures to support these enterprises to adjust their remuneration structures to the new requirements.
Amendment 384 #
Proposal for a directive
Recital 31
Recital 31
(31) The Technical Support Instrument43 and the European Social Fund plus44 are available to Member States and enterprises, especially to SMEs, 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 387 #
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
(31 a) The European Commission and the Member States should make every effort to ensure that the implementation of this Directive does not have negative consequences in terms of increased bogus self-employment, atypical contracts or undeclared work. Information on the impact of this Directive on these aspects should be included in the review report on its implementation.
Amendment 396 #
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, including hourly-based minimum income, in order to ensure a decent standard of living of workers;
Amendment 410 #
Proposal for a directive
Article 1 – paragraph 1 – point b a (new)
Article 1 – paragraph 1 – point b a (new)
(b a) prohibiting any activity that violates the right of employees to join workers' organizations and ensuring that all employees have adequate access to information about their rights, including in formats accessible to people with various types of disabilities.
Amendment 454 #
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 between an employer, a group of employers or one or more employers’ organisations, on the one hand, and one or more trade unions or workers’ ’organisations, including online- based associations of non-standard workers such as platform workers , 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 or their organisations and a worker organisattrade unions or worker organiss’ associations;
Amendment 486 #
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. With the aim to increase the of ensuring the exercise of the right to effective collective bargaining, the strengthening, increase and adaptation to new labour market realities of the collective bargaining coverage, Member States shall take, in consultoperation with the social partners, at least the following measures:
Amendment 498 #
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) promote the building and further strengthening of the capacity of the social partners to engage in collective bargaining on wage setting at sector or cross-industry level, including the technology-based new labour market;
Amendment 508 #
Proposal for a directive
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(b a) promote, including through new legislation, new forms of workers’ associations, ensuring the right to collective bargaining expands to all forms of non-standard work and reflects the social, economic and labour market realities of the digital age.
Amendment 513 #
Proposal for a directive
Article 4 – paragraph 1 – point b b (new)
Article 4 – paragraph 1 – point b b (new)
(bb) guarantee, that new forms of workers’ associations have the right to effectively take part in social dialogue and collective barging, including via online based worker's platforms for representation and negotiation
Amendment 524 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States where collective bargaining coverage is less than 790% of the workers defined within the meaning of Article 2 shall in additionshall, in addition to the measures provided for a framework of enablingin paragraph 1, ensure proper conditions forto promote collective bargaining, either by law after consultation ofing the social partners or byin agreement with them, and shall establish an action plan to promote collective bargaining. The action plan shall beincluding through new type of workers’ associations, reflecting the new labour market realities. Those Member States shall, after consulting social partners or in agreement with them, establishing action plan, setting out a clear timeline and concrete measures to ensure respect for the right and access to collective bargaining and to promote and progressively increase the collective bargaining coverage to at least 90%. The action plan shall be updated at least every two years, made public and shall be notified to the European Commission.
Amendment 542 #
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. New forms of collective bargaining are promoted and duly regulated, allowing for the expansion of collective agreement protection to non-standard workers and their effective participation in the social dialogue.
Amendment 583 #
Proposal for a directive
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) the purchasing power of statutory minimum wages, taking into account the cost of living and the , taking into accountribution of taxes and social benefit regional differences;
Amendment 618 #
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 and minimum hourly- based income on national and regional level. On the basis of national and/or regional criteria as referred to in paragraph 2, Member States shall establish national and/or regional 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 and minimum hourly-based income, 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 on national or regional level shall be considered to be inadequate.
Amendment 673 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States may allow different rates of statutory minimum wage for specific groups of workers only in exceptional cases. Such a differentiation must be objectively and reasonably justified by a legitimate aim. Member States shall keep these variations to a minimum, and ensure that any variation is non- discriminatory, proportionate, limited in time if relevant, and objectively and reasonably justified by a legitimate aim.
Amendment 678 #
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Statutory minimum wages may vary on regional basis, based on the criteria, set in Article 5, while sectorial minimum wages are to be set, even in Member States with statutory minimum wage, only through social bargaining, at levels higher than the national or regional minimum wage.
Amendment 693 #
Proposal for a directive
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. Extra payments may be included in the calculation of statutory minimum wage only through collective sectorial agreement, based on traditional sectorial business practices, however guaranteeing, that the final remuneration on monthly basis shall not be lower than the national or regional statutory minimum wage. Hourly-based minimum income cannot be affected by such agreements.
Amendment 707 #
Proposal for a directive
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) the selection and application of criteria and indicative reference values referred to in Article 5 (1) (2) and (3) for the determination of the level of the statutory minimum wage levelsand minimum hourly- based income;
Amendment 748 #
Proposal for a directive
Article 8 – paragraph 1 – point 3
Article 8 – paragraph 1 – point 3
(3) ensure that information on statutory minimum wages and hourly-based minimum income is made publicly available in a clear, comprehensive and easily accessible way. and that workers have access to guidance in the event that their employers breach the requirement to pay the statutory minimum wage;
Amendment 750 #
Proposal for a directive
Article 8 – paragraph 1 – point 3
Article 8 – paragraph 1 – point 3
(3) ensure that information on statutory minimum wages is made publicly available in a clear, comprehensive and easily accessible way also in formats accessible to people with different types of disabilities.
Amendment 757 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
In accordance with Directives 2014/24/EU, Directive 2014/25/EU and Directive 2014/23/EU, Member States shall take appropriate measures to ensure that in the performance of public procurement or concession contracts economic operators comply with the wages set out byrecognise trade unions, 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 andor geographical area and with the statutory minimum wages where they exist, as well as Union, national and international social law. However, no company shall be excluded from participation in public tenders, public procurement and concession contracts, based on the fact, that its employers are not organised in a trade union, provided that the company did not act against such organisation.
Amendment 771 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall task their competent authorities with developing effective data collection tools to monitor the coverage and adequacy of minimum wages. These tools should be designed in a way that will not impose excessive administrative burden on employers, especially in the SME sector and on micro-entrepreneurs.
Amendment 831 #
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Member States shall ensure that information regarding minimum wage protection, including collective agreements and wage provisions therein, is transparent and publicly accessible, also in formats accessible to people with different types of disabilities.