[ParlTrack]

Maria WALSH, Sirpa PIETIKÄINEN, Stelios KYMPOUROPOULOS, Jarosław DUDA, Radan KANEV, Frances FITZGERALD, Loucas FOURLAS, Deirdre CLUNE

Proposal for a directive
Recital 6

(6) Directive 2006/54/EC of the European Parliament and of the Council42 provides that for the same work or for work of equal value, direct and indirect discrimination on grounds of sex with regard to all aspects and conditions of remuneration is to be eliminated. In particular, where a job classification system is used for determining pay, it should be based on the same objective criteria for both men and women and should be drawn up so as to exclude any discrimination on grounds of sex. _________________ 42 Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (OJ L 204, 26.7.2006, p. 23).

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Radan KANEV, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Recital 9

(9) The gender pay gap is caused by various factors, part of which can be attributed to direct and indirect gender pay discrimination. A general lack of transparency about pay levels within organisations maintains a situation where gender-based pay discrimination and bias can go undetected or, where suspected, are difficult to prove. ~~Binding m~~Measures are therefore needed to improve pay transparency, encourage organisations to review their pay structures to ensure equal pay for women and men doing the same work or work of equal value, and enable victims of discrimination to enforce their right to equal pay. This needs to be complemented by provisions clarifying existing legal concepts (such as the concept of ‘pay’ and ‘work of equal value’) and measures improving enforcement mechanisms and access to justice, while fully respecting the different labour market models in the Member States.

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Henna VIRKKUNEN, Radan KANEV, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Recital 11

(11) This Directive should apply to all workers, including part-time workers, fixed-term contract workers or persons with a contract of employment or employment relationship with a temporary agency, who have an employment contract or employment relationship as defined by the law, collective agreements and/or practice in force in each Member State, taking into account the case-law of the Court of Justice of the European Union (‘the Court’). In its case law, the Court established criteria for determining the status of a worker47 . Provided that they fulfil those criteria, domestic workers, on- demand workers, intermittent workers, voucher based-workers, platform workers, trainees and apprentices should fall within the scope of this Directive. The determination of the existence of an employment relationship should be guided by the facts relating to the actual performance of the work and not by the parties’ description of the relationship. _________________ 47 Case C-66/85, Deborah Lawrie-Blum v Land Baden-Württemberg, ECLI:EU:C:1986:284; Case C-428/09, Union Syndicale Solidaires Isère v Premier ministre and Others, ECLI:EU:C:2010:612; Case C-229/14, Ender Balkaya v Kiesel Abbruch- und Recycling Technik GmbH, ECLI:EU:C:2015:455; Case C-413/13, FNV Kunsten Informatie en Media v Staat der Nederlanden, ECLI:EU:C:2014:2411; Case C-216/15, Betriebsrat der Ruhrlandklinik gGmbH v Ruhrlandklinik gGmbH, ECLI:EU:C:2016:883; Case C- 658/18, UX v Governo della Repubblica italiana, ECLI:EU:C:2020:572.

2021/10/26
Committee: EMPL FEMM

Radan KANEV, Romana TOMC

Proposal for a directive
Recital 12

(12) In order to remove obstacles for victims of gender pay discrimination to enforce their right to equal pay and guide employers in ensuring respect of this right, the core concepts related to equal pay, such as ‘pay’ and ‘work of equal value’, should be clarified in line with the case law of the Court. This should facilitate the application of these concepts, especially for ~~small and medium-sized~~mid-cap enterprises.

2021/10/26
Committee: EMPL FEMM

Stelios KYMPOUROPOULOS, Jarosław DUDA, Loucas FOURLAS, Romana TOMC, Radan KANEV

Proposal for a directive
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. Gender- based pay discrimination where a victim’s sex 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 sex, on the one hand, and racial or ethnic origin, religion or belief, disability, age or sexual orientation (as protected under Directive 2000/43/EC or Directive 2000/78/EC), on the other hand. Migrant and disabled women 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 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. This directive should also ensure that the specific obstacles and needs of disabled women are taken into account, in compliance with the UN Convention on the Rights of Persons with Disabilities.

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Radan KANEV, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Recital 16

(16) The identification of a valid comparator is an important parameter in determining whether work may be considered of equal value. It enables the worker to show that they were treated less favourably than the comparator of a different sex performing equal work or work of equal value. In situations where no real-life comparator exists, the use of a hypothetical comparator should be allowed, allowing a worker to show that they have not been treated in the same way as a hypothetical comparator of another sex would have been treated. This would lift an important obstacle for potential victims of gender pay discrimination, especially in highly gender-segregated employment markets where a requirement of finding a comparator of the opposite sex makes it almost impossible to bring an equal pay claim. In addition, workers should not be prevented from using other facts from which an alleged discrimination can be presumed, such as statistics or other available information. This would allow gender-based pay inequalities to be more effectively addressed in gender-segregated sectors and professions.deleted

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Radan KANEV, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Recital 23

(23) Employers should make accessible to workers a description of the criteria used to determine pay levels ~~and career progression~~. The employer should have flexibility in the way it complies with this obligation taking into account the size of the organisation.

2021/10/26
Committee: EMPL FEMM

Maria WALSH, Sirpa PIETIKÄINEN, Jarosław DUDA, Radan KANEV, Frances FITZGERALD, Deirdre CLUNE, Stelios KYMPOUROPOULOS, Loucas FOURLAS

Proposal for a directive
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 in cooperation with the social partners and competent national authorities the data on the pay gap received from employers without putting additional burden on the latter. The monitoring body should make these data public, allowing to compare the data of individual employers, sectors and regions of the Member State concerned.

2021/10/26
Committee: EMPL FEMM

Stelios KYMPOUROPOULOS, Jarosław DUDA, Loucas FOURLAS, Romana TOMC, Radan KANEV

Proposal for a directive
Recital 32

(32) Workers should have the necessary procedures at their disposal to facilitate the exercise of their right to access justice. National legislation making use of conciliation or the intervention of an equality body compulsory or subject to incentives or penalties should not prevent parties from exercising their right of access to court. Member States should ensure that disabled women, including those under substituted decision-making mechanisms, have access to justice and remedy on an equal basis with others.

2021/10/26
Committee: EMPL FEMM

Maria WALSH, Sirpa PIETIKÄINEN, Jarosław DUDA, Radan KANEV, Frances FITZGERALD, Deirdre CLUNE, Stelios KYMPOUROPOULOS, Loucas FOURLAS

Proposal for a directive
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 or other competent national authority 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. 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 women, 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.

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Radan KANEV, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Recital 38

(38) Following the case law of the Court55 , Directive 2006/54/EC established provisions to ensure that the burden of proof shifts to the defendant when there is a prima facie case of discrimination. Member States should not be prevented from introducing, at any appropriate stage of the proceedings, rules of evidence which are more favourable to workers making a claim. In any legal or administrative proceedings concerning direct or indirect discrimination, in case the employer did not comply with the pay transparency obligations set out by the Directive, the burden of proof should be automatically shifted to the defendant, irrespective of the worker showing a prima facie case of pay discrimination. _________________ 55 Case C-109/88, Handels- og Kontorfunktionærernes Forbund I Danmark v Dansk Arbejdsgiverforening, acting on behalf of Danfoss, ECLI:EU:C:1989:383.

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Radan KANEV, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Recital 39

(39) Although it is necessary only to establish a presumption of discrimination before the burden of proof shifts to the employer, it is not always easy for victims and courts to know how to establish even that presumption. Pay transparency measures have the potential to support the use of the reversal of the burden of proof, by helping workers determine the average pay levels for women and men performing the same work or work of equal value. Enabling workers to provide prima facie evidence which allows discrimination to be presumed would swiftly trigger the reverse burden of proof to the benefit of the worker.deleted

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Radan KANEV, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Recital 40

(40) ~~In accordance with the case-law of the Court, n~~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 three years.

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Radan KANEV, Lukas MANDL, Angelika WINZIG, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Recital 41

(41) Litigation costs create a serious disincentive for victims of gender pay discrimination to claim their right to equal pay, leading to insufficient protection and enforcement of the right to equal pay. In order to remove this strong procedural obstacle to justice, 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.

2021/10/26
Committee: EMPL FEMM

Radan KANEV, Romana TOMC, Sara SKYTTEDAL

Proposal for a directive
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 therefore invited to assess the impact of their transposition act, on ~~small and medium-sized enterprises~~mid-cap companies, excluding micro, small and medium-sized enterprises (SMEs) from any legislation concerning gender pay transparency or minimum wages, in order to ensure that they are not disproportionately affected. Moreover, giving specific attention to micro- enterprises~~, to alleviate the administrative burden, and to~~ and SMEs, and due to the increasing administrative burden through current legislation, a thorough analysis must be publish with the results of ~~such~~an assessments how micro-enterprises and SMEs can be sustainably relieved of 30% of their administrative workload.

2021/10/26
Committee: EMPL FEMM

Radan KANEV, Romana TOMC, Sara SKYTTEDAL

Proposal for a directive
Article 2 – paragraph 1

1. This Directive applies to employers in the public and private sectors with more than 200 employees. A presumption of appropriateness shall apply to companies that are bound by or apply collective bargaining agreements.

2021/10/26
Committee: EMPL FEMM

Dennis RADTKE, Radan KANEV, Romana TOMC

Proposal for a directive
Article 2 – paragraph 1

1. This Directive applies to employers in the public and private sectors. Employers who are bound by collective wage agreements shall be subject to a presumption of appropriateness.

2021/10/26
Committee: EMPL FEMM

Stelios KYMPOUROPOULOS, Jarosław DUDA, Loucas FOURLAS, Radan KANEV

Proposal for a directive
Article 3 – paragraph 2 – subparagraph 1 (new)

(d) failure by the employer to provide reasonable accommodation to workers with disabilities within the meaning of Article 5 of Directive 2000/78/EC.

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Henna VIRKKUNEN, Radan KANEV, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Article 4 – paragraph 1

1. Member States shall take the necessary measures to ensure that employers have pay structures in place ensuring that women and men are paid equally for the same work or work of equal value performed for the same employer.

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Henna VIRKKUNEN, Radan KANEV, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Article 4 – paragraph 3

3. ~~The tools or methodologies~~An overall assessment according to this guidance 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~~may include educational, professional and training requirements, skills, effort and responsibility, work undertaken and the nature of the tasks involved and similar criteria defined in national law and collective bargaining agreements. They shall not contain or be based on criteria which are based, whether directly or indirectly, on workers’ sex.

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Henna VIRKKUNEN, Radan KANEV, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
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 as the worker concerned. Where no real comparator can be established, a comparison with a hypothetical comparator or the use of other evidence allowing to presume alleged discrimination shall be permitted.deleted

2021/10/26
Committee: EMPL FEMM

Dennis RADTKE, Radan KANEV, Romana TOMC

Proposal for a directive
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 as the worker concerned. Where no real comparator can be established, a comparison with a hypothetical comparator or the use of other evidence allowing to presume alleged discrimination shall be permitted.deleted

2021/10/26
Committee: EMPL FEMM

Maria WALSH, Sirpa PIETIKÄINEN, Stelios KYMPOUROPOULOS, Jarosław DUDA, Radan KANEV, Frances FITZGERALD, Loucas FOURLAS, Deirdre CLUNE

Proposal for a directive
Article 4 – paragraph 5

5. Where a job evaluation and classification system is used for determining pay, it shall be based on the same objective criteria for both men and women and drawn up so as to exclude any discrimination on grounds of sex.

2021/10/26
Committee: EMPL FEMM

Dennis RADTKE, Radan KANEV, Romana TOMC

Proposal for a directive
Article 4 – paragraph 5 a (new)

5a. Remuneration provisions enshrined in collective agreements that are binding upon the employer shall be subject to a presumption of appropriateness. Activities that are assigned to different remuneration brackets, based on these provisions, shall be seen as not being equal work or work of equal value, as long as the provisions are not in breach of paragraph 5 of this Article.

2021/10/26
Committee: EMPL FEMM

Radan KANEV, Romana TOMC

Proposal for a directive
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-neutral~~, 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..

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Radan KANEV, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Article 6 – paragraph 1

The employer shall make easily accessible to its workers a description of the criteria used to determine pay levels ~~and career progression~~ for workers. These criteria shall be gender-neutral and in accordance with national law and practices.

2021/10/26
Committee: EMPL FEMM

Radan KANEV, Romana TOMC

Proposal for a directive
Article 7 – paragraph 1

1. Workers in companies with more than 200 employees shall have the right to receive 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. In the case of companies that are bound by and/or apply collective bargaining agreements, a reference to the applicable collective bargaining agreement shall suffice as information.

2021/10/26
Committee: EMPL FEMM

Maria WALSH, Jarosław DUDA, Radan KANEV, Frances FITZGERALD, Deirdre CLUNE, Stelios KYMPOUROPOULOS, Loucas FOURLAS

Proposal for a directive
Article 7 – paragraph 1

1. Workers shall have the right to receive clear and complete information on their individual pay level and the average pay levels, broken down by sex, for categories of workers doing the same work as them or work of equal value to theirs, in accordance with paragraphs 3 and 4. In the case of companies that are bound by and/or apply collective agreements, it is sufficient to refer to the applicable collective agreement.

2021/10/26
Committee: EMPL FEMM

Dennis RADTKE, Radan KANEV, Romana TOMC

Proposal for a directive
Article 7 – paragraph 1

1. Workers shall have the right to receive 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. In the case of employers who are bound by collective wage agreements, a reference to the applicable collective wage agreement shall suffice as information.

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Radan KANEV, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Article 7 – paragraph 1

1. Workers shall have the right to receive information on ~~their individual pay level and the average pay levels, broken down by sex~~pay differences and differences in median pay, broken down by sex in the pay statistics, for categories of workers doing the same work as them or work of equal value to theirs for the same employer, in accordance with paragraphs 3 and 4.

2021/10/26
Committee: EMPL FEMM

Radan KANEV, Romana TOMC

Proposal for a directive
Article 7 – paragraph 3

3. Employers shall provide the information referred to in paragraph 1 within ~~a reasonable period of time~~two months upon a worker’s request. The information shall be provided in accessible formats for workers with disabilities upon their request.

2021/10/26
Committee: EMPL FEMM

Maria WALSH, Sirpa PIETIKÄINEN, Jarosław DUDA, Radan KANEV, Frances FITZGERALD, Deirdre CLUNE, Loucas FOURLAS, Stelios KYMPOUROPOULOS

Proposal for a directive
Article 7 – paragraph 4

4. Workers shall have the ~~possibility~~right to request the information referred to in paragraph 1 through their representatives or and equality body or competent authority.

2021/10/26
Committee: EMPL FEMM

Radan KANEV, Romana TOMC

Proposal for a directive
Article 7 – paragraph 6

6. ~~Employers may require that any w~~Workers having obtained information pursuant to this Article ~~shall not~~may use that information for any ~~other~~ purpose ~~than to~~including that of defending their right to equal pay for ~~the same~~equal work or work of equal value ~~and not disseminate the information otherwise~~. Workers may share the obtained information with their workers 'representatives.

2021/10/26
Committee: EMPL FEMM

Stelios KYMPOUROPOULOS, Jarosław DUDA, Loucas FOURLAS, Romana TOMC, Radan KANEV

Proposal for a directive
Article 8 – paragraph 1 – point b a (new)

(ba) the pay gap between non-disabled female and male workers and disabled female and male workers when they have communicated their disability to the employers;

2021/10/26
Committee: EMPL FEMM

Radan KANEV, Romana TOMC

Proposal for a directive
Article 8 – paragraph 1 – point g a (new)

(ga) information on the criteria used to determine pay.

2021/10/26
Committee: EMPL FEMM

Dennis RADTKE, Radan KANEV, Romana TOMC

Proposal for a directive
Article 8 – paragraph 1 a (new)

1a. In the case of employers who are bound by collective wage agreements, a reference to the relevant collective wage agreement shall suffice.

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Radan KANEV, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Article 8 – paragraph 3

3. The employer shall publish the information referred to in paragraph 1, points (a) to (f) on an annual basis in a user-friendly way on its website or shall otherwise make it publicly available. The information from the previous four years, if available, shall also be accessible upon request. In addition, the employer shall share this information with the monitoring body referred to in paragraph 6.deleted

2021/10/26
Committee: EMPL FEMM

Maria WALSH, Sirpa PIETIKÄINEN, Jarosław DUDA, Radan KANEV, Frances FITZGERALD, Deirdre CLUNE, Stelios KYMPOUROPOULOS, Loucas FOURLAS

Proposal for a directive
Article 8 – paragraph 3

3. The employer shall publish the information referred to in paragraph 1, points (a) to (f) on an annual basis in a user-friendly way on its website or shall otherwise make it publicly available. The information shall be published in accessible formats for persons with disabilities in line with EU harmonised accessibility legislation. The information from the previous four years, if available, shall also be accessible upon request. In addition, the employer shall share this information with the monitoring body referred to in paragraph 6.

2021/10/26
Committee: EMPL FEMM

Dennis RADTKE, Radan KANEV, Romana TOMC

Proposal for a directive
Article 8 – paragraph 3

3. The employer shall publish the information referred to in paragraph 1, points (a) to (f) on an annual basis in a user-friendly way on its website or shall otherwise make it publicly available. The information from the previous four years, if available, shall also be accessible upon request. In addition, the employer shall share this information with the monitoring body referred to in paragraph 6. In the case of employers who are bound by collective wage agreements, the obligations in this paragraph shall apply only every five years.

2021/10/26
Committee: EMPL FEMM

Maria WALSH, Sirpa PIETIKÄINEN, Jarosław DUDA, Radan KANEV, Deirdre CLUNE, Frances FITZGERALD, Stelios KYMPOUROPOULOS, Loucas FOURLAS

Proposal for a directive
Article 8 – paragraph 4

4. 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. 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.

2021/10/26
Committee: EMPL FEMM

Radan KANEV, Romana TOMC

Proposal for a directive
Article 8 – paragraph 5

5. 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 provide it to the labour inspectorate and the equality body upon their request. The information from the previous four years, if available, shall also be provided upon request.deleted

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Radan KANEV, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Article 8 – paragraph 5

5. The employer shall provide the information referred to in paragraph 1~~, point (g)~~ to all workers ~~and~~, their trade union representatives~~, as well as to the monitoring body referred to in paragraph 6. It shall provide it to the labour inspectorate and the equality body upon their request. T~~ or the trade union with which the employer has struck a collective bargaining agreement. The employer shall, upon request, provide the information ~~from~~to the ~~previous four years,~~monitoring body appointed ifn a~~vailable, shall also be provided upon request~~ccordance with article 26 of this directive.

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Radan KANEV, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Article 8 – paragraph 6

6. Member States shall entrust the monitoring body designated pursuant to Article 26 to collect the data received from employers pursuant to paragraph 1, points (a) to (f) and to ensure that this data is public and allows a comparison between employers, sectors and regions of the Member State concerned in a user- friendly way.deleted

2021/10/26
Committee: EMPL FEMM

Radan KANEV, Romana TOMC

Proposal for a directive
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~~. Member States may foresee that workers’ representatives, the labour inspectorate and/or the equality body may be involved in this procedure.

2021/10/26
Committee: EMPL FEMM

Radan KANEV, Romana TOMC

Proposal for a directive
Article 9 – paragraph 1 – introductory part

1. Member States shall take appropriate measures to ensure that employers with at least 2500 workers conduct, in cooperation with their workers’ representatives, a joint pay assessment where both of the following conditions are met:

2021/10/26
Committee: EMPL FEMM

Dennis RADTKE, Radan KANEV, Romana TOMC

Proposal for a directive
Article 9 – paragraph 1 a (new)

1a. Employers who are bound by collective wage agreements shall be subject to a presumption of appropriateness. They are excluded from the obligations in this Article.

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Radan KANEV, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Article 16 – paragraph 1

1. Member States shall take the appropriate measures, in accordance with their national judicial systems, to ensure that, when workers who consider themselves wronged because the principle of equal pay has not been applied to them, establish before a court or other competent authority, facts from which it may be presumed that there has been direct or indirect discrimination, it shall be for the defendant to prove that there has been no direct or indirect discrimination in relation to pay.deleted

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Radan KANEV, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Article 16 – paragraph 2

2. Member States shall ensure that, in any legal or administrative proceedings concerning direct or indirect discrimination, where an employer failed to comply with any of the rights or obligations related to pay transparency set out in Articles 5 through 9 of this Directive, it shall be for the employer to prove that there has been no such discrimination.deleted

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Radan KANEV, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Article 16 – paragraph 3

~~3. The claimant shall benefit from any doubt that might remain.~~deleted

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Radan KANEV, Pernille WEISS

Proposal for a directive
Article 16 – paragraph 5

~~5. Member States need not apply paragraph 1 to proceedings in which it is for the court or competent body to investigate the facts of the case.~~deleted

2021/10/26
Committee: EMPL FEMM

Sara SKYTTEDAL, Jessica POLFJÄRD, Stefan BERGER, Tomas TOBÉ, David LEGA, Jörgen WARBORN, Arba KOKALARI, Radan KANEV, Lukas MANDL, Angelika WINZIG, Pernille WEISS, Simone SCHMIEDTBAUER, Barbara THALER

Proposal for a directive
Article 18 – paragraph 2

2. Limitation periods shall not begin to run before the violation of the principle of equal pay between men and women for equal work or for work of equal value or infringement of the rights or obligations under this Directive has ceased and the claimant knows, or can reasonably be expected to know, about the violation or infringement.deleted

2021/10/26
Committee: EMPL FEMM

Maria WALSH, Sirpa PIETIKÄINEN, Stelios KYMPOUROPOULOS, Jarosław DUDA, Radan KANEV, Frances FITZGERALD, Deirdre CLUNE, Loucas FOURLAS

Proposal for a directive
Article 18 – paragraph 3

3. Member States shall ensure that the limitation periods for bringing claims are set at three years ~~at least~~or in line with national specificities.

2021/10/26
Committee: EMPL FEMM

Stelios KYMPOUROPOULOS, Jarosław DUDA, Loucas FOURLAS, Radan KANEV

Proposal for a directive
Article 22 a (new)

Article 22 a Discrimination on multiple grounds Member States shall take the necessary measures to ensure that in legal proceedings relating to the enforcement of rights and obligations relating to equal pay between men and women for the same work or work of equal value, the court or other competent authority duly assesses the existence of discrimination based on a combination of sex and another ground of discrimination protected under Directive 2000/43/EC or Directive 2000/78/EC and takes due account of such circumstances for substantive and procedural purposes.

2021/10/26
Committee: EMPL FEMM

Stelios KYMPOUROPOULOS, Jarosław DUDA, Loucas FOURLAS, Romana TOMC, Radan KANEV

Proposal for a directive
Article 26 – paragraph 3 – point c

(c) to aggregate data received from employers pursuant to Article 8(6), and publish this data in a user-friendly manner and in an accessible manner for disabled persons in accordance with EU harmonised accessibility legislation;

2021/10/26
Committee: EMPL FEMM

Stelios KYMPOUROPOULOS, Jarosław DUDA, Loucas FOURLAS, Romana TOMC, Radan KANEV

Proposal for a directive
Article 28 – paragraph 1

Member States shall provide the Commission (Eurostat) with up-to-date gender pay gap data annually and in a timely manner. These statistics shall be broken down by gender, economic sector, working time (full-time/part-time), economic control (public/private ownership), disability and age and be calculated on an annual basis.

2021/10/26
Committee: EMPL FEMM

Maria WALSH, Sirpa PIETIKÄINEN, Jarosław DUDA, Radan KANEV, Frances FITZGERALD, Deirdre CLUNE, Stelios KYMPOUROPOULOS, Loucas FOURLAS

Proposal for a directive
Article 28 – paragraph 1

Member States shall provide the Commission (Eurostat) with up-to-date gender pay gap data annually and in a timely manner. These statistics shall be broken down by gender, economic sector, working time (full-time/part-time), economic control (public/private ownership) disability and age and be calculated on an annual basis.

2021/10/26
Committee: EMPL FEMM

Maria WALSH, Sirpa PIETIKÄINEN, Jarosław DUDA, Radan KANEV, Frances FITZGERALD, Deirdre CLUNE, Stelios KYMPOUROPOULOS, Loucas FOURLAS

Proposal for a directive
Article 31 – paragraph 2

2. When informing the Commission, Member States shall also accompany it with a summary of the results of their assessment regarding the impact of their transposition act on small and medium- sized enterprises including micro- enterprises and a reference to where such assessment is published.

2021/10/26
Committee: EMPL FEMM

Radan KANEV, Romana TOMC, Sara SKYTTEDAL

Proposal for a directive
Article 31 – paragraph 2

2. When informing the Commission, Member States shall also accompany it with a summary of the results of their assessment regarding the impact of their transposition act on ~~small and medium- sized~~mid-cap enterprises and a reference to where such assessment is published.

2021/10/26
Committee: EMPL FEMM

58 Amendments of Radan KANEV related to 2021/0050(COD)

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