39 Amendments of Jeroen LENAERS related to 2020/0310(COD)
Amendment 135 #
Proposal for a directive
Recital 6
Recital 6
(6) Better working and living conditions, including through adequate minimum wages, benefit both workers and businesses in the Union and are a prerequisite for achieving inclusive and sustainable growth. Addressing large differences in the coverage and adequacy of minimum wage protection, while preserving competences of the Member States and respecting the principle of subsidiarity, contributes to improving the fairness of the EU labour market and promote economic, social progress and upward convergence. Competition in the Single Market should be based on high social standards, innovation and productivity improvements ensuring a level playing field.
Amendment 144 #
Proposal for a directive
Recital 7
Recital 7
(7) When set at adequate levelsEncouraging an approach where adequacy and economic factors are combined, minimum wages protect the income of disadvantaged workers, help ensure a decent living, and limit the fall in income during bad times, as recognised in Convention 131 of the International Labour Organisation on the establishment of a system of minimum wage fixing. Minimum wages contribute to sustaining domestic demand, strengthen incentives to work, reduce wage inequalities and in- work poverty.
Amendment 211 #
Proposal for a directive
Recital 14
Recital 14
(14) The Commission has consulted management and labour in a two-stage process with regard to possible action to address the challenges related to adequate minimum wages protection in the Union, in accordance with Article 154 of the Treaty on the Functioning of the European Union. There was no agreement among the social partners to enter into negotiations with regard to those matters. It is, however, important to take action at Union level, while preserving the competences of the Member States and respecting the principle of subsidiarity, to ensure that workers in the Union are protected by adequate minimum wages, taking into account the outcomes of the social partners’ consultation.
Amendment 217 #
Proposal for a directive
Recital 15
Recital 15
(15) This Directive establishes minimum requirements at Union level, while preserving the competences of the Member States and respecting the principle of subsidiarity, to ensure both that minimum wages are set at adequate level and that workers have access to minimum wage protection, in the form of a statutory minimum wage or in the form of wages set under collective agreements as defined for the purpose of this Directive.
Amendment 222 #
Proposal for a directive
Recital 15
Recital 15
(15) This Directive establishes minimum requirementsa framework at Union level to ensure bpromothe that minimum wages are set at adequate level and that workers have access to minimum wage protection, in the form of a statutory minimum wage or in the form of wages set under collective agreements as defined for the purpose of this Directive.
Amendment 249 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17 a) In a social market economy, everyone who works should have a decent income and be able to provide for himself/herself and his/her family. There needs to be solutions in place to prevent in work poverty, social dumping and race-to- the-bottom competition. Adequate minimum wages are essential in this regard. According to the Treaties of the European Union, pay is a competence of the Member States and minimum wages are established and set at national level. Any action in this area at the European level must respect the boundaries that the Treaties set.
Amendment 281 #
Proposal for a directive
Recital 20
Recital 20
(20) Sound rules, procedures and practice for setting and updating statutory minimum wages, including through automatic indexation, are necessary to deliver 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, both direct and indirect. 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 298 #
Proposal for a directive
Recital 21
Recital 21
(21) Minimum wages are considered adequate if they are fair in relation to the wage distribution in the country and if they provide a decent standard of living. The adequacy of statutory minimum wages is determined in view of the national socio- economic conditions, including employment growth, competitiveness as well as regional and sectoral developments. Their adequacy should be assessed at least in relation to their purchasing power, to the productivity developments and to their relation to the gross wage levels, distribution and growth. The use of indicators commonly used at international level, such as 60% of the gross median wage and 50% of the gross average wage, can help guide the assessment of minimum wage adequacy in relation to the gross level of wages.
Amendment 299 #
Proposal for a directive
Recital 21
Recital 21
(21) Minimum wages are considered adequate if they are fair in relation to the wage distribution in the country and if they provide a decent standard of living. The adequacy of statutory minimum wages is determined in view of the national socio- economic conditions, including employment growth, competitiveness as well as regional and sectoral developments. Their adequacy should be assessed at least in relation to their purchasing power, to the productivity developments and to their relation to the gross wage levels, distribution and growth. The use of indicators commonly used at international level, such as 60% of the gross median wage and 50% of the gross average wage, can help guide the assessment of minimum wage adequacy in relation to the gross level of wages.
Amendment 305 #
Proposal for a directive
Recital 21
Recital 21
(21) Minimum wages are considered adequate if they are fair in relation to the wage distribution in the country and if they provide a decent standard of living. The adequacy of statutory minimum wages is determined in view of the national socio- economic conditions, including employment growth, competitiveness, national systems for taxes and allowances 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 324 #
Proposal for a directive
Recital 22
Recital 22
(22) To promote adequacy of minimum wages for all groups of workers, Member States should ensure that variations and deductions from statutory minimum wages should be limited to a minimumare non-discriminatory, proportionate and justified, while ensuring that social partners are duly consulted in their definition. Some deductions to statutory minimum wages may be justified by a legitimate aim, including overstated amounts paid or deductions ordered by a judicial authority. Others, such as deductions related to the equipment necessary to perform a job or deductions of allowances in kind, such as accommodation, may be unjustified or disproportionate.
Amendment 373 #
Proposal for a directive
Recital 29
Recital 29
(29) This Directive lays down a framework for minimum requirements, thus leaving untouched Member States' prerogative to introduce and maintain more favourable provisions. Rights acquired under the existing national legal framework should continue to apply, unless more favourable provisions are introduced by this Directive. The implementation of this Directive cannot be used to reduce existing rights for workers, nor can it constitute valid grounds for reducing the general level of protection afforded to workers in the field covered by this Directive.
Amendment 387 #
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
(31 a) The European Commission and the Member States should make every effort to ensure that the implementation of this Directive does not have negative consequences in terms of increased bogus self-employment, atypical contracts or undeclared work. Information on the impact of this Directive on these aspects should be included in the review report on its implementation.
Amendment 393 #
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 promoting:
Amendment 402 #
Proposal for a directive
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) setting adequate levels of minimum wages;
Amendment 451 #
Proposal for a directive
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) ‘statutory minimum wage’ means a minimum wage set by law, or other binding legal provisions, with the exclusion of those set by a collective agreement made universally applicable;
Amendment 463 #
Proposal for a directive
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘collective bargaining’ means all negotiations which take place between an employer, a group of employers or one or more employers’ organisations, on the one hand, and one or more workers’ organisattrade unions, on the other, for determining working conditions and terms of employment; and/or regulating relations between employers and workers; and/or regulating relations between employers or their organisations and a worker organisation or worker organisattrade unions;
Amendment 485 #
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. With the aim to increase the collective bargaining coverage and to enhance the access of workers to minimum wage protection provided by collective agreements Member States shall take, in consultation with the social partners and in accordance with national law and practices, at least the following measures:
Amendment 494 #
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. With the aim to increaspromote the collective bargaining coverage Member States shall take, in consultation with the social partners, at least the following measures:
Amendment 532 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States where collective bargaining coverage is less than 70% of the workers defined within the meaning of Article 2 shall in addition provide for or where it already exists 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 in consultation with the social partners 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 534 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States where collective bargaining coverage is less than 70% of the workers defined within the meaning of Article 2 shall in addition provide forshall in addition provide for an action plan to promote collective bargaining, including 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 551 #
Proposal for a directive
Article 5 – title
Article 5 – title
Amendment 564 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States with statutory minimum wages shall take the necessary measuresestablish a framework to ensure that the setting and updating of statutory minimum wages are guided by criteria set to promote both adequacy and economic factors combined with the aim to achieve decent working and living conditions, social cohesion and, upward convergence and a high level of employment. Member States shall define those criteria in accordance with their national practices, either in relevant national legislation, in decisions of the competent bodies or in tripartite agreementwhilst fully respecting the diversity of national wage setting systems. The criteria shall be defined in a stable and clear way.
Amendment 568 #
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 elementmay take amongst others the following elements into account, whose relevance and relative weight may be decided by Member States in accordance with their prevailing national socio- economic conditions:
Amendment 570 #
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 582 #
Proposal for a directive
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) the purchasing power of statutory minimum wages, taking into account the cost of living and the contribution of taxes and, social benefits and allowances and the cost of living;
Amendment 599 #
Proposal for a directive
Article 5 – paragraph 2 – point d
Article 5 – paragraph 2 – point d
Amendment 629 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shallmay use indicative reference values to guide their assessment of adequacy of statutory minimum wages in relation to the general level of gross wages, such as those commonly used at international level.
Amendment 640 #
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 656 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Member States shall establishare encouraged to establish or designate consultative bodies to advise the competent authorities on issues related to statutory minimum wages, if appropriate.
Amendment 676 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Where Member States may allow for different rates of statutory minimum wage for specific groups of workers. Member States shall keep these variations to a minimum, and or for deductions by law that reduce the remuneration paid to a level below that of the relevant statutory minimum wage, they shall ensure that anythese variation iss and deductions are non- discriminatory, and proportionate, limited in time if relevant, and objectively and reasonably justified by a legitimate aim. .
Amendment 683 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 697 #
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
Member States shall take the necessary measures to ensure that the social partners are involved in a timely and effective manner in statutory minimum wage setting and updating, either directly or indirectly depending on national practices and law, including through participation in consultative bodies referred to in Article 5(5) and notably as concerns:
Amendment 733 #
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
Member States shall, in cooperation with social partners, where appropriate take the following measures to enhance the access of workers to statutory minimum wage protection as appropriate:
Amendment 750 #
Proposal for a directive
Article 8 – paragraph 1 – point 3
Article 8 – paragraph 1 – point 3
(3) ensure that information on statutory minimum wages is made publicly available in a clear, comprehensive and easily accessible way also in formats accessible to people with different types of disabilities.
Amendment 771 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall task their competent authorities with developing effective data collection tools to monitor the coverage and adequacy of minimum wages. These tools should be designed in a way that will not impose excessive administrative burden on employers, especially in the SME sector and on micro-entrepreneurs.
Amendment 776 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall task their competent authorities in consultation with social partners, with developing effective data collection tools to monitor the coverage and adequacy of minimum wages.
Amendment 831 #
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Member States shall ensure that information regarding minimum wage protection, including collective agreements and wage provisions therein, is transparent and publicly accessible, also in formats accessible to people with different types of disabilities.
Amendment 895 #
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 soughobligations set by this Directive are guaranteedcomplied with at all times.