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24 Amendments of Atidzhe ALIEVA-VELI related to 2021/0050(COD)

Amendment 216 #
Proposal for a directive
Recital 10
(10) The application of the principle of equal pay for equal work or work of equal value between men and women should be enhanced by eliminating direct and indirect pay discrimination. This does not preclude employers to pay differently workers doing the same work or work of equal value on the basis of objective, gender-neutral and bias-free criteria such as performance and competence.
2021/10/26
Committee: EMPLFEMM
Amendment 255 #
Proposal for a directive
Recital 15
(15) In order to respect the right to equal pay between men and women, employers must have pay setting mechanisms or pay structures in place ensuring that there are no pay differences between male and female workers doing the same work or work of equal value that are not justified by objective and gender-neutral factors. Such pay structures should allow for the comparison of the value of different jobs within the same organisational structure. In line with the case law of the Court, the value of work should be assessed and compared based on objective criteria, such as educational, professional and training requirements, skills, effort and responsibility, work undertaken and the nature of the tasks involved.49 _________________ 49For example, Case C-400/93, Royal Copenhagen, ECLI:EU:C:1995:155; Case C-309/97, Angestelltenbetriebsrat der Wiener Gebietskrankenkasse, ECLI:EU:C:1999:241; Case C-381/99, Brunnhofer, ECLI:EU:C:2001:358; Case C-427/11, Margaret Kenny and Others v Minister for Justice, Equality and Law Reform and Others [2013] ECLI:EU:C:2013:122, paragraph 28.
2021/10/26
Committee: EMPLFEMM
Amendment 263 #
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 a reference to an existing classification based on social partners’ collective agreements at branch or at sector level, statistics or other available information. This would allow gender-based pay inequalities to be more effectively addressed in gender-segregated sectors and professions.
2021/10/26
Committee: EMPLFEMM
Amendment 331 #
Proposal for a directive
Recital 25
(25) Employers with at least 250 workers should regularly report on pay, in a suitable and transparent manner, such as including the information in their management report. Companies subject to the requirements of Directive 2013/34/EU of the European Parliament and of the Council52 may also choose to report on pay alongside other worker-related matters in their management report. _________________ 52 Directive 2013/34/EU, as amended by Directive 2014/95/EU of the European Parliament and of the Council of 22 October 2014 as regards disclosure of non- financial and diversity information by certain large undertakings and groups (OJ L 330, 15.11.2014, p. 1).
2021/10/26
Committee: EMPLFEMM
Amendment 367 #
Proposal for a directive
Recital 29 a (new)
(29a) Member States, without prejudice to the autonomy of the social partners, shall take appropriate measures to ensure that the workers’ representatives and trade unions have a right to be consulted, at an appropriate level, on measures to address the pay discrimination, particularly with regard to women and any other measures that aim to reduce the gender pay gap. Such measures may include development and application of evaluation and classification systems for jobs, which are free of pay discrimination with the participation of workers’ representatives and trade unions.
2021/10/26
Committee: EMPLFEMM
Amendment 416 #
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.deleted
2021/10/26
Committee: EMPLFEMM
Amendment 441 #
Proposal for a directive
Recital 48
(48) In order to ensure proper monitoring of the implementation of the right to equal pay between men and women for the same work or work of equal value, Member States should set up or designate a dedicated monitoring body. This body, which may be part of an existing body pursuing similar objectives, should have specific tasks in relation to the implementation of the pay transparency measures foreseen in this Directive and gather certain data to monitor pay inequalities and the impact of the pay transparency measures. Member States should ensure the monitoring body has adequate resources in order to fulfil its tasks.
2021/10/26
Committee: EMPLFEMM
Amendment 479 #
Proposal for a directive
Article 2 – paragraph 2
2. This Directive applies to all workers who have an employment contract or employment relationship as defined by law, collective agreements and/or practice in force in each Member State with consideration to the case-law of the Court of Justice.
2021/10/26
Committee: EMPLFEMM
Amendment 516 #
Proposal for a directive
Article 3 – paragraph 1 – point i a (new)
(ia) ‘workers’ representatives’ means trade unions or workers’ representatives according to national law and practices;
2021/10/26
Committee: EMPLFEMM
Amendment 567 #
Proposal for a directive
Article 4 – paragraph 3
3. The tools or methodologies shall allow assessingAn overall assessment according to this guidance, in regard to the value of work, whether workers are in a comparable situation, on the basis of objective criteria which shallmay include educational, professional and training requirements, skills, effort and responsibility, work undertaken and the nature of the tasks involved or similar criteria laid down by national law or by collective agreement. They shall not contain or be based on criteria which are based, whether directly or indirectly, on workers’ sex.
2021/10/26
Committee: EMPLFEMM
Amendment 581 #
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 such as a reference to an existing classification based on social partners’ collective agreements at branch or at sector level.
2021/10/26
Committee: EMPLFEMM
Amendment 624 #
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.
2021/10/26
Committee: EMPLFEMM
Amendment 637 #
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. Such a request cannot be submitted more than two times per year.
2021/10/26
Committee: EMPLFEMM
Amendment 683 #
Proposal for a directive
Article 8 – paragraph 1 – introductory part
1. Employers with at least 250 workers shall provide the following information concerning their organisation, in accordance with paragraphs 2, 3, and 5:
2021/10/26
Committee: EMPLFEMM
Amendment 715 #
Proposal for a directive
Article 8 – paragraph 1 – point f
(f) the proportion of female and male workers in each quartile pay band;deleted
2021/10/26
Committee: EMPLFEMM
Amendment 731 #
Proposal for a directive
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 50 to 250 workers, every two years; (ii) for employers with at least 250 workers, every year.
2021/10/26
Committee: EMPLFEMM
Amendment 749 #
Proposal for a directive
Article 8 – paragraph 3
3. The employer shall publish the information referred to in paragraph 1, points (a) to (fe) 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.
2021/10/26
Committee: EMPLFEMM
Amendment 776 #
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 (fe) 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.
2021/10/26
Committee: EMPLFEMM
Amendment 804 #
Proposal for a directive
Article 9 – paragraph 1 – introductory part
1. Member States shall take appropriate measures to ensure that employers with at least 250 workers conduct, in cooperation with their workers’ representatives, a joint pay assessment where both of the following conditions are met:
2021/10/26
Committee: EMPLFEMM
Amendment 880 #
Proposal for a directive
Article 11 – paragraph 1 a (new)
In accordance with Member States' national law and practises and without prejudice to the autonomy of social partners, Member States shall guarantee that the rights and obligations, laid down in the this Directive, will be consulted with the social partners.
2021/10/26
Committee: EMPLFEMM
Amendment 940 #
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 leastin accordance with national labour market practice and established case law.
2021/10/26
Committee: EMPLFEMM
Amendment 951 #
Proposal for a directive
Article 19
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.Article 19 deleted Legal and judicial costs
2021/10/26
Committee: EMPLFEMM
Amendment 957 #
Proposal for a directive
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 caseMember States, in accordance with their judicial systems and national legislation, shall determine the burden of legal and judicial costs in the context of claims relating to the pay discrimination.
2021/10/26
Committee: EMPLFEMM
Amendment 1021 #
Proposal for a directive
Article 26 – paragraph 2 a (new)
2a. Member States shall ensure the monitoring body has adequate resources in order to fulfil its tasks.
2021/10/26
Committee: EMPLFEMM