51 Amendments of Marianne VIND related to 2020/0310(COD)
Amendment 82 #
Proposal for a directive
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The European Parliament rejects [the Commission proposal].
Amendment 88 #
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on a framework for the promotion of adequate minimum wages in the European Union
Amendment 173 #
Proposal for a directive
Recital 10
Recital 10
(10) While mMinimum wage protection exists in all Member States, in some that p. Protection stems from legislative provisions (“statutory minimum wages”) and from collective agreements while in others it is provided exclusively, through collectiveand from collective agreements. Many Member States have statutory minimum wages. In some Member States, social partners have developed autonomous bargaining structures that contribute to well functioning wage-setting. In these Member States, social partners have a high capacity to negotiate and monitor the implementation of concluded agreements.
Amendment 176 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10 a) Wage setting through collective agreements have proven to be beneficial from a broad socio-economic perspective, contributing to a balanced development of wage formation and reducing in-work poverty. The implementation of a framework for promoting adequate minimum wages on a European level is not intended to affect or change any existing or future developments of procedures or systems for wage formation established by the social partners.
Amendment 177 #
Proposal for a directive
Recital 10 b (new)
Recital 10 b (new)
(10 b) Therefore this Directive does not impose any obligation on the Member States to take measures requiring the social partners to set minimum wages through collective agreements or otherwise change their practices for negotiations, monitoring of implementation and procedures for conclusion of their agreements
Amendment 185 #
Proposal for a directive
Recital 11
Recital 11
(11) Minimum wage protection set out byin the form of wages stemming from collective agreements in low-paid occupations is adequate in most cases; statutory minimum wages are low compared to other wages in the economy in several 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 193 #
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-respect of existing rules. In particular, such non-compliance has been found to affect notably women, young workers, people with disabilities and agricultural workers. In Member States where minimum wage protection is provided only throughn the form of wages stemming from collective agreements, the share of workers not covered is estimated to vary from 2% to 55% of all workers.
Amendment 202 #
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 in the form of wages stemming from collective agreements, 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 218 #
Proposal for a directive
Recital 15
Recital 15
(15) This Directive establishes minimum requirements at Union level to ensure bas regards the establishment of a framework to promothe 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 where it exists or in the form of wages set undertemming from collective agreements as defined for the purpose of this Directive.
Amendment 224 #
Proposal for a directive
Recital 16
Recital 16
(16) In full respect of Article 153(5) of the Treaty on the Functioning of the European Union, this Directive neither aims to harmonise the level of minimum wages across the Union nor to establish an uniform mechanism for setting minimum wages. It does not interfere with the freedom of Member States to set statutory minimum wages or promote access to minimum wage protection provided by collective agreements, according to the traditions and specificities of each country and in full respect of national competences and social partners’ contractual freedom. This Directive does not impose an obligation on the Member States where minimum wage protection is ensured exclusively via collective agreements to introduce a statutory minimum wage nor to make the collective agreements universally applicable. Also, this Directive does not establish the level of pay or conditions for setting wages, which falls within the contractual freedom of the social partners at national level and within the relevant competence of Member States. The purpose is not to impose any obligation for Member States to take measures demanding the introduction of statutory minimum wages or measures implying that the social partners have an equivalent obligation. This Directive does not oblige Member States to grant access to minimum wage protection to all workers. Such an obligation would directly interfere with the minimum wage coverage and the determination of pay in the Member States and therefore fall under the exception of Article 153(5) of the Treaty on the Functioning of the European Union. Nothing in this Directive should be construed as creating rights for individuals.
Amendment 232 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16 a) This Directive only establishes obligations for Member States as of effort and process to lay down adequate minimum wage protection and promoting collective bargaining on wage-setting. No provision in this directive should be interpreted as unconditional and sufficiently clear, it establishes no direct effect. No individual right can be established on the basis of this Directive.
Amendment 234 #
Proposal for a directive
Recital 16 b (new)
Recital 16 b (new)
(16 b) In some Member States there are no statutory minimum wages, nor any systems for declaring collective agreements generally binding. Wages, including minimum wage protection, are provided exclusively by collective bargaining between autonomous social partners. Average wages in those Member States are among the highest in the European Union. These collective self- regulatory systems rest on a very high collective bargaining coverage, significantly above 70 %, as well as high levels of membership on both the employer side and the trade union side. Therefore, in those Member States, the national social partners, representing both private and public sector, should have the option to jointly demand that the Member State does not apply this Directive either totally or in part. Member states that have so determined not to apply this Directive have no obligation to implement the directive. The rationale for an opt out for those Member States, on basis of a joint demand from social partners, also follows from the aim of this Directive which is to encourage and promote collective bargaining coverage to reach at least 70%.
Amendment 255 #
Proposal for a directive
Recital 18
Recital 18
(18) Well-functioning collective bargaining on wage setting is an important means to ensure that workers are protected by adequate minimum wages., in the form of wages stemming from collective agreements 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 form of wages stemming from collective agreements In the Member States where minimum wage protection, is provided exclusivelyn the form of wages stemming from collective agreements, is provided 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 sectorial or cross- industry collective agreements strengthen the adequacy and the coverage of minimum wages. , in the form of wages stemming from collective agreements
Amendment 287 #
Proposal for a directive
Recital 20
Recital 20
(20) Sound rules, procedures and practice for setting and updating statutory minimum wages are necessary to deliverpromote adequate minimum wages, while safeguarding jobs 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 and effective involvement of the latter is another element of good governance that allows for an informed and inclusive decision-making process.
Amendment 308 #
Proposal for a directive
Recital 21
Recital 21
(21) MStatutory 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 316 #
Proposal for a directive
Recital 22
Recital 22
Amendment 338 #
Proposal for a directive
Recital 24
Recital 24
Amendment 386 #
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
(31 a) In Denmark and Sweden there are no statutory minimum wages. Nor are there any systems for declaring collective agreements generally binding. Wages, including minimum wage protection, are provided exclusively by collective bargaining between autonomous social partners. Average wages in these two Member States are among the highest in the European Union. The collective self- regulatory systems in Denmark and Sweden rest on a very high collective bargaining coverage, significantly above 70 % as promoted in this directive, as well as high levels of membership on both the employer side and the trade union side. Further, the social partners in both Denmark and Sweden have jointly demanded to be excluded from this directive. The rationale for adopting this directive does not apply to Denmark and Sweden. It would therefore be a disproportionate, unnecessary, and inadequate obligation for those Member States to transpose and implement this Directive.
Amendment 390 #
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
1. With a view to improving working and living conditions in the Union, this Directive establishes a framework for the promotion of:
Amendment 399 #
Proposal for a directive
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) setting adequate levels of statutory minimum wages;
Amendment 408 #
Proposal for a directive
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) access of workers to minimum wage protection, in the form of wages set out by collective agreementspromoting access to collective bargaining wage setting or in the form of a statutory minimum wage where it exists.
Amendment 414 #
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1
Article 1 – paragraph 1 – subparagraph 1
This Directive shall be without prejudice to the full respect of the autonomy of social partners, as well as their right to negotiate and conclude collective agreements according to national law.
Amendment 417 #
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive shall be without prejudice to the choice of the Member States to set statutory minimum wages or promote access to minimum wage protection provided byin the form of wages stemming from collective agreements.
Amendment 420 #
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
3. Nothing in this Directive shall be construed as imposing an obligation on the Member States where wage setting is ensured exclusively via collective agreements to introduce a statutory minimum wage nor to make the collective agreements universally applicable or otherwise to take measures affecting the contractual freedom of the social partners to negotiate, monitor and set wages through collective agreements. This Directive does not oblige these Member States to grant access to minimum wage protection to all workers, nor does it create an obligation on the Member States as regards the level or conditions for setting of wages.
Amendment 431 #
Proposal for a directive
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. Nothing in this Directive shall be construed as creating rights for individuals.
Amendment 432 #
Proposal for a directive
Article 1 – paragraph 3 b (new)
Article 1 – paragraph 3 b (new)
3b. Member States where there are no statutory minimum wages or systems for declaring collective agreements generally binding, where minimum wage protection is provided exclusively by collective bargaining between autonomous social partners and where collective bargaining coverage exceeds 70% of the workforce, shall have the option not to apply this Directive, either totally or in part, provided that the social partners at national level jointly demand this.
Amendment 433 #
Proposal for a directive
Article 1 – paragraph 3 c (new)
Article 1 – paragraph 3 c (new)
3c. Member States where there are no statutory minimum wages or systems for declaring collective agreements generally binding and where minimum wage protection is provided exclusively by collective bargaining between autonomous social partners, shall have the option not to apply this Directive, either totally or in part, provided that the social partners at national level jointly demand this.
Amendment 444 #
Proposal for a directive
Article 3
Article 3
Amendment 446 #
Proposal for a directive
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
For the purposes of this Directive, the following definitions apply, while respecting national law and practise:
Amendment 471 #
Proposal for a directive
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘collective agreement’ means all agreements in writing regarding provisions such as, but not limited to, working conditions and terms of employment concluded by the social partners as an outcome of collective bargaining;
Amendment 538 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States where the overall collective bargaining coverage is less than 70% of the workers defined within the meaning of Article 2 shall in addition provide for a framework of enabling conditions for collective bargaining, either by law after consultation of the social partners or by agreement with them, and shall establish an action plan to promote collective bargaining. The action plan shall be made public and shall be notified to the European Commission.
Amendment 541 #
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. If the collective bargaining coverage falls below less than 70 % in a Member State where minimum wage protection is ensured exclusively via collective agreements the Member State shall encourage the social partners to assess whether the existing enabling conditions for collective bargaining are sufficient and to draw up an action plan to increase collective bargaining coverage.
Amendment 569 #
Proposal for a directive
Article 5 – paragraph 2 – introductory part
Article 5 – paragraph 2 – introductory part
2. The national criteria referred to in paragraph 1 shall include at least the following elements, whose relevance and relative weight may be decided by Member States in accordance with their prevailing national socio-economic conditions:
Amendment 598 #
Proposal for a directive
Article 5 – paragraph 2 – point d
Article 5 – paragraph 2 – point d
Amendment 639 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Member States shall take the necessary measures to ensure the regular and timely updates of statutory minimum wages in order to preservecontinue promoting their adequacy.
Amendment 662 #
Proposal for a directive
Article 6
Article 6
Amendment 754 #
Proposal for a directive
Article 9
Article 9
Amendment 765 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
In accordance with Directive 2014/24/EU, Directive 2014/25/EU and Directive 2014/23/EU, Member States shall take appropriate measures to ensure that in the performance of public procurement or concession contracts economic operators comply with the wages set out by applicable collective agreements for the relevant sector and geographical area and with the statutory minimum wages where they exist.
Amendment 802 #
Proposal for a directive
Article 10 – paragraph 2 – point b – introductory part
Article 10 – paragraph 2 – point b – introductory part
(b) for minimum wage protection provided only byin form of wages stemming from collective agreements:
Amendment 811 #
Proposal for a directive
Article 10 – paragraph 2 – point b – point iii
Article 10 – paragraph 2 – point b – point iii
Amendment 818 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 1
Article 10 – paragraph 2 – subparagraph 1
Member States shall provide the statistics and information referred to in this paragraph disaggregated by gender, age, disability and age, company size and sector.
Amendment 824 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 3
Article 10 – paragraph 2 – subparagraph 3
Amendment 835 #
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Member States shall ensure that information regarding statutory minimum wage protection, including collective agreements and wage provisions therein, is transparent and publicly accessible.
Amendment 850 #
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
5. On the basis of the report issued by the Commission, the Employment Committee set up in accordance with Article 150 TFEU shall carry out every year an examination of the promotion of collective bargaining on wage setting and of promotion of the adequacy of minimum wages in the Member States.
Amendment 862 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall ensure that, without prejudice to specific forms of redress and dispute resolution provided for, where applicable, in collective agreements, workers, including those whose employment relationship has ended, have access to effective and impartial dispute resolution and a right to redress, including adequate compensation, in the case of infringements of theiexisting national law or collective agreements provide for rights relating to statutory minimum wages or minimum wage protection provided by collective agreements and such rights have been infringed.
Amendment 879 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Member States shall take the measures necessary to protect workers, including those who are workers’ representatives, from any adverse treatment by the employer and from any adverse consequences resulting from a complaint lodged with the employer or resulting from any proceedings initiated with the aim of enforcing compliance with the rights relating to statutory minimum wages or minimum wage protection provided by collective agreementsprovided for in existing national law or collective agreements relating to minimum wage protection.
Amendment 886 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States shall lay down the rules on penalties applicable to infringements of national provisions, without prejudice to specific forms of compensation and/or contractual penalties provided for, where applicable, in rules on enforcement of collective agreements, lay down the rules on penalties applicable to infringements of existing national law or collective agreements relating to minimum wage protection. The penalties provided for shall be effective, proportionate and dissuasive.
Amendment 897 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States may entrust the social partners with the implementation of this Directive, where the social partners jointly request to do so. In so doing, the Member States shall take all necessary steps to ensure that the results sought byobligations of this Directive are guaranteedapplied with at all times.
Amendment 903 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. This Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within Member States without affecting the contractual freedom of the social partners to negotiate and conclude collective agreements.
Amendment 908 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. This Directive shall not affect Member States’ prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to workers or to encourage or permit the application of collective agreements which are more favourable to workers.
Amendment 918 #
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
This Directive is addressed to the Member States except Denmark and Sweden.