BETA

Activities of Sirpa PIETIKÄINEN related to 2021/0050(COD)

Plenary speeches (1)

Strengthening the application of the principle of equal pay for equal work or work of equal value between men and women (debate)
2023/03/30
Dossiers: 2021/0050(COD)

Shadow reports (1)

REPORT on the proposal for a directive of the European Parliament and of the Council to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms
2022/03/22
Committee: EMPLFEMM
Dossiers: 2021/0050(COD)
Documents: PDF(373 KB) DOC(168 KB)
Authors: [{'name': 'Samira RAFAELA', 'mepid': 197868}, {'name': 'Kira Marie PETER-HANSEN', 'mepid': 197573}]

Amendments (54)

Amendment 182 #
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: EMPLFEMM
Amendment 205 #
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. Segregation of the labour market is one of the major root causes of the pay gap and needs to be addressed. 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 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.
2021/10/26
Committee: EMPLFEMM
Amendment 213 #
Proposal for a directive
Recital 10
(10) Work-life balance policies should contribute to the achievement of gender equality by promoting the participation of women in the labour market. The application of the principle of equal pay 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 241 #
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 women and women with disabilities 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. Women with disabilities should therefore be included in the scope of this Directive. This Directive should also ensure that the specific obstacles which they face and their needs are taken into account, including in relation to the accessibility of information, the right to compensation and data disaggregation, in compliance with the United Nations Convention on the Rights of Persons with Disabilities.
2021/10/26
Committee: EMPLFEMM
Amendment 249 #
Proposal for a directive
Recital 15
(15) Gender equality is a key economic asset to promote fair and inclusive economic growth and reducing inequalities is a goal in terms of equal treatment as well as in terms of labour market efficiency. 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 _________________ 49 For 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 251 #
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 which could be established through social partners 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 _________________ 49 For 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 274 #
Proposal for a directive
Recital 18
(18) Member States should develop specific tools and methodologies to support and guide the assessment of what constitutes work of equal value and to ensure cross-sectoral comparisons. This should facilitate the application of this concept, especially for small and medium- sized enterprises.
2021/10/26
Committee: EMPLFEMM
Amendment 279 #
Proposal for a directive
Recital 19
(19) Job classification and evaluation systems may, if not used in a gender- neutral manner, in particular when they assume traditional gender stereotypes, reinforce gender pay gap across sectors and result in gender-based pay discrimination. In such case, they contribute to and perpetuate the pay gap, including the pay gap across sectors, by evaluating male and female dominated jobs differently in situations where the worth of the work performed is of equal value. Where gender- neutral job evaluation and classification systems are used, however, they are effective in establishing a transparent pay system and are instrumental to ensure that direct or indirect discrimination on grounds of sex is excluded. They detect in direct pay discrimination related to the undervaluation of jobs typically done by women. They do so by measuring and comparing jobs which are performed in different sectors and whose content is different but of equal value and so support the principle of work of equal value.
2021/10/26
Committee: EMPLFEMM
Amendment 287 #
Proposal for a directive
Recital 20
(20) The lack of information on the envisaged pay range of a job position creates an information asymmetry which limits the bargaining power of applicants. Ensuring transparency should enable prospective workers to make an informed decision about the expected salary without limiting in any way the employer’s or worker’s bargaining power to negotiate a salary even outside the indicated range. It would also ensure an explicit and non- gender biased basis for pay setting and would disrupt the undervaluation of pay compared to skills and experience. This transparency measure would also address intersectional discrimination where non- transparent pay settings allow for discriminatory practices on several discrimination grounds. The information to be provided to applicants prior to employment, if not published in a job vacancy notice, could be provided to the applicant prior to the job interview by the employer or in a different manner, for instance by the social partners. The information should be provided in a manner that is accessible for persons with disabilities in accordance with the harmonised legal acts of the Union on accessibility, including Directives (EU) 2016/21021a and (EU) 2019/8821b of the European Parliament and of the Council. _________________ 1a Directive (EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016 on the accessibility of the websites and mobile applications of public sector bodies (OJ L 327, 2.12.2016, p. 1). 1b Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70).
2021/10/26
Committee: EMPLFEMM
Amendment 350 #
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: EMPLFEMM
Amendment 369 #
Proposal for a directive
Recital 29 a (new)
(29a) Member States should ensure that employers create gender action plans in consultation with workers' representatives at the workplace. Gender action plans should set out concrete measures to achieve gender equality between men and women in terms of pay equality, non- discrimination and other conditions of employment. Gender action plans should also include provisions for monitoring those concrete measures and corrective actions.
2021/10/26
Committee: EMPLFEMM
Amendment 380 #
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 women with disabilities, including those under substituted decision-making mechanisms, have access to justice and legal remedies on an equal basis with others.
2021/10/26
Committee: EMPLFEMM
Amendment 388 #
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: EMPLFEMM
Amendment 439 #
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, and which cooperates in particular with social partners and other bodies responsible for the enforcement of workers’ rights, 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.
2021/10/26
Committee: EMPLFEMM
Amendment 455 #
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 in order to ensure that they are not disproportionately affected, giving specific attention to micro-enterprises, to alleviate the administrative burden, and to publish the results of such assessments. Member States shall provide support, technical assistance and training, in particular for microenterprises and small and medium- sized enterprises, to comply with these obligations.
2021/10/26
Committee: EMPLFEMM
Amendment 469 #
Proposal for a directive
Article 2 – paragraph 1
1. This Directive applies to employers in the public and private sectors, including non-standard sectors, such as platform employers, sheltered workshops and any other form of contractual work.
2021/10/26
Committee: EMPLFEMM
Amendment 476 #
Proposal for a directive
Article 2 – paragraph 2
2. This Directive applies to all workers who have an employment contract, including contracts for part-time work, contracts for temporary agency work, zero-hour contracts and sheltered or accompanied work contracts, 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 484 #
Proposal for a directive
Article 2 – paragraph 2 a (new)
2a. This Directive applies proportionally to small and medium-sized enterprises.
2021/10/26
Committee: EMPLFEMM
Amendment 509 #
Proposal for a directive
Article 3 – paragraph 1 – point g a (new)
(ga) ‘work of equal value’ means work that is determined to be of equal value in accordance with non-discriminatory and objective gender-neutral criteria as set out in Article 4(5).
2021/10/26
Committee: EMPLFEMM
Amendment 518 #
Proposal for a directive
Article 3 – paragraph 1 – point k a (new)
(ka) ‘workers’ representative’ means a recognised trade union or other persons designated by workers to represent them in an organisation in accordance with national law or practice.
2021/10/26
Committee: EMPLFEMM
Amendment 525 #
Proposal for a directive
Article 3 – paragraph 2 – point c a (new)
(ca) failure by an employer to provide reasonable accommodation to workers with disabilities within the meaning of Article 5 of Directive 2000/78/EC.
2021/10/26
Committee: EMPLFEMM
Amendment 536 #
Proposal for a directive
Article 4 – paragraph 1
1. Member States shall take the necessary measures, after consulting the social partners and the equality bodies or other competent authority 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.
2021/10/26
Committee: EMPLFEMM
Amendment 545 #
Proposal for a directive
Article 4 – paragraph 2
2. Member States shall take the necessary measures e, after consurlting the social partners and the equality bodies, to ensure that tools or methodologies are established to assess and compare the value of work in line with the criteria set out in this Article. These tools or methodologies mayose tools or methodologies shall be easily accessible by workers and employers. The European Institute for Gender Equality (EIGE) shall certify those tools or methodologies. Those tools or methodologies shall be implemented with the involvement of the social partners at employer or sectoral level, and shall include gender- neutral job evaluation and classification systems.
2021/10/26
Committee: EMPLFEMM
Amendment 557 #
Proposal for a directive
Article 4 – paragraph 3
3. The tools or methodologies shall allow assessing, inreferred to in paragraph 2 shall allow for an assessment, with regard to the value of work, of whether workers are in a comparable situation, on the basis of objective criteria which shall include educational, professional and training requirements, skills, effort and responsibility, work undertaken and the nature of the tasks involved. They shall not contain or be based on criteria which are based, whether directly or indirectly, on workers’ sex. , gender-neutral criteria agreed upon with social partners. Those tools or methodologies shall include, but are not limited to: (a) educational, including formal and non-formal educational, professional and training requirements; (b) skills, including those necessary to meet the requirements of a job, people centred and interpersonal skills and problem solving; (c) effort including mental and psycho- social effort and physical effort; (d) responsibility, including for people, goods and equipment, information and financial resources; (e) working conditions, including those relating to the working environment (physical, psychological or emotional) and the organisational environment. The tools or methodologies referred to in paragraph 2 shall not contain or be based on criteria which are based, whether directly or indirectly, on workers’ sex. Member States shall provide support to employers and the social partners, including training and detailed guidance on establishing the criteria referred to in the first subparagraph of this paragraph and the tools and methodologies referred to in paragraph 2.
2021/10/26
Committee: EMPLFEMM
Amendment 577 #
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 mayshall be extended to that single source and to cross-sector comparisons. The assessment shall also not be limited to workers employed at the same time as the worker concerned or in the same sector nor to workers performing their work in the same establishment. Where no real comparator can be established, a comparison with a hypothetical comparator based on the criteria referred to in paragraph 3 and agreed in coordination with social partners or the use of other evidence allowing to presume alleged discrimination shall be permitted. The hypothetical comparator shall facilitate cross-sectoral comparisons.
2021/10/26
Committee: EMPLFEMM
Amendment 585 #
Proposal for a directive
Article 4 – paragraph 4 a (new)
4a. Work shall be deemed of equal value if, based on a comparison of two groups of workers which have not been formed in an arbitrary manner, the work performed is comparable, based on an overall assessment of the requirements and nature of the work, and criteria such as knowledge and skills, responsibility, load and effort. In assessing the nature of the work, particular account is to be taken of working conditions. For the avoidance of doubt, the working hours shall not be a relevant factor. If professional experience is to be taken into account as one factor to determine if work is of equal value, the party claiming that such factor must be regarded shall bear the burden of proof to show that increased professional experience generally – and not only in specific cases – leads to added value for the work actually performed by the workers.
2021/10/26
Committee: EMPLFEMM
Amendment 589 #
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: EMPLFEMM
Amendment 625 #
Proposal for a directive
Article 6 – paragraph 1
The employer shall make easily accessible toprovide for 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 647 #
Proposal for a directive
Article 7 – paragraph 2
2. Employers shall inform all workers, 2. on an annual basis, of their right to receive the information referred to in paragraph 1 and on the steps the worker should undertake to make use of their right.
2021/10/26
Committee: EMPLFEMM
Amendment 654 #
Proposal for a directive
Article 7 – paragraph 3
3. Employers shall provide the information referred to in paragraph 1 in writing within a reasonable period of time uponno longer than 2 months after receiving a worker’s request. The information shall be provided in accessible formats for workers with disabilities upon their request.
2021/10/26
Committee: EMPLFEMM
Amendment 657 #
Proposal for a directive
Article 7 – paragraph 4
4. Workers shall have the possibilityright to request the information referred to in paragraph 1 through their representatives or and equality body or competent authority.
2021/10/26
Committee: EMPLFEMM
Amendment 682 #
Proposal for a directive
Article 8 – paragraph 1 – introductory part
1. Employers with at least 2530 workers shall provide the following information concerning their organisation, in accordance with paragraphs 2, 3, and 5:
2021/10/26
Committee: EMPLFEMM
Amendment 698 #
Proposal for a directive
Article 8 – paragraph 1 – point b a (new)
(ba) the pay gap between female and male workers without disabilities and female and male workers with disabilities, where they have communicated their disability to their employer;
2021/10/26
Committee: EMPLFEMM
Amendment 743 #
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 accordance with the harmonised legal acts of the Union on accessibility. 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 745 #
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: EMPLFEMM
Amendment 756 #
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: EMPLFEMM
Amendment 757 #
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: EMPLFEMM
Amendment 793 #
Proposal for a directive
Article 9 – title
Joint pay assessment and gender action plan
2021/10/26
Committee: EMPLFEMM
Amendment 805 #
Proposal for a directive
Article 9 – paragraph 1 – introductory part
1. Member States shall take appropriate measures to ensure that employers with at least 2530 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 820 #
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1 (new)
Member States shall take appropriate measures to ensure that employers as referred to in the first subparagraph create gender action plans, in consultation with workers' representatives at the workplace, where both of the conditions listed in that subparagraph are met. Gender action plans shall set out concrete measures to achieve gender equality between men and women in terms of pay equality, non-discrimination and other conditions of employment. Gender action plans shall also include provisions for monitoring those concrete measures and corrective actions.
2021/10/26
Committee: EMPLFEMM
Amendment 833 #
Proposal for a directive
Article 9 – paragraph 2 – point e
(e) measures to address such differences if they are not justified on the basis of objective and gender-neutral criteria;. A Gender Action Plan shall be proportional, based on a balanced approach and shall not add an excessive administrative burden on the employer, in particular SMEs and micro-enterprises
2021/10/26
Committee: EMPLFEMM
Amendment 848 #
Proposal for a directive
Article 9 – paragraph 4
4. If the joint pay assessment reveals differences in average pay for equal work or work of equal value between female and male workers which cannot be justified by objective and gender-neutral criteria, the employer shall remedy the situation, in close cooperation with the workers’ representatives, labour inspectorate, and/or equality body. Either party can choose to give the negotiation mandate over the issue to the workers' or employers' representatives. Such action shall include the establishment of gender-neutral job evaluation and classification to ensure that any direct or indirect pay discrimination on grounds of sex is excluded.
2021/10/26
Committee: EMPLFEMM
Amendment 878 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 (new)
Member States shall, without prejudice to the autonomy of the social partners and the diversity of national practices and industrial relations systems, strengthen the capacity building of the social partners to promote gender equality and to tackle pay discrimination and the undervaluation of work that is predominantly carried out by women, with the aim of ensuring the application of the principle of equal pay for male and female workers for equal work or work of equal value in accordance with Article 157 TFEU.
2021/10/26
Committee: EMPLFEMM
Amendment 887 #
Proposal for a directive
Article 13 – paragraph 1
1. Member States shall, in accordance with national law and practice and industrial relations systems, ensure that associations, organisations, equality bodies and workers’ representatives or other legal entities which have, in accordance with the criteria laid down by national law, a legitimate interest in ensuring gender equality between men and women, may engage in any judicial or administrative procedure to enforce any of the rights or obligations related to the principle of equal pay between men and women for equal work or work of equal value. They may act on behalf or in support of a worker who is victim of an infringement of any right or obligation related to the principle of equal pay between men and women for equal work or work of equal value, with the latter’s approval.
2021/10/26
Committee: EMPLFEMM
Amendment 895 #
Proposal for a directive
Article 13 – paragraph 2
2. Equality bodies and, workers’ representatives and employers' representatives shall also have the right to act on behalf or in support of several workers, with the latter’s approval.
2021/10/26
Committee: EMPLFEMM
Amendment 941 #
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 leastor in line with national specificities.
2021/10/26
Committee: EMPLFEMM
Amendment 974 #
Proposal for a directive
Article 20 – paragraph 2 – introductory part
2. Member States shall ensure that fines are applied to infringements of the rights and obligations relating to equal pay for the same work or work of equal value. They shall set a proportional minimum level for such fines ensuring real deterrent effect. The level of the fines shall take into account:
2021/10/26
Committee: EMPLFEMM
Amendment 1018 #
Proposal for a directive
Article 26 – paragraph 2
2. Each Member State shall designate a body (‘monitoring body’) for the monitoring and support of the implementation of national legal provisions implementing this Directive and shall make the necessary arrangements for the proper functioning of such body. The monitoring body may be part of existing bodies or structures at national level. It shall work closely with the social partners involved in the application of the principle of equal pay.
2021/10/26
Committee: EMPLFEMM
Amendment 1035 #
Proposal for a directive
Article 26 – paragraph 3 – point c
(c) to aggregate data received from employers pursuant to Article 8(6), and publish thisose data in a user-friendly manner and in an accessible manner for persons with disabilities in accordance with the harmonised legal acts of the Union on accessibility;
2021/10/26
Committee: EMPLFEMM
Amendment 1050 #
Proposal for a directive
Article 26 – paragraph 4 a (new)
4a. Each Member State shall establish a national gender action plan setting out concrete measures and corrective actions to address inequality in the labour market. To that end, Member States shall collect and analyse data on the segregation of labour markets and the biases in equal pay for work of equal value. The Member States shall make those data and analytical tools publicly available, and shall provide them to the social partners for further action. The Commission shall create a Union Gender Action Plan setting out concrete actions and corrective measures based on collected and analysed data on labour market segregation and the biases in equal pay for work of equal value. The Commission shall present the Union Gender Action Plan to the European Parliament, to the Council and to the Commission every five years.
2021/10/26
Committee: EMPLFEMM
Amendment 1053 #
Proposal for a directive
Article 26 – paragraph 4 b (new)
4b. To avoid excessive administrative burden to SMEs under 50 employees, the pay assessment can be done with free and simple of charge, easy to use and accessible assessment online tool provided by EIGE and Member States. The EIGE shall, with the involvement of the social partners and national authorities, create an online interactive pay transparency and equality tool to facilitate gender pay analytics and assessments in small and medium enterprises. The EIGE shall be provided with adequate resources for that purpose. That tool shall be free of charge and easy to use. It shall be based on an accessible methodology. It shall be available in all official languages of the Union.
2021/10/26
Committee: EMPLFEMM
Amendment 1066 #
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: EMPLFEMM
Amendment 1067 #
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: EMPLFEMM
Amendment 1082 #
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: EMPLFEMM