2020/0310(COD) Adequate minimum wages in the European Union
Lead committee dossier:
Progress: Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | EMPL |
RADTKE Dennis ( EPP),
JONGERIUS Agnes ( S&D)
|
SEMEDO Monica ( Renew),
SATOURI Mounir ( Verts/ALE),
BILDE Dominique ( ID),
ZALEWSKA Anna ( ECR),
DEMIREL Özlem ( GUE/NGL)
|
| Committee Opinion | FEMM |
GÁLVEZ MUÑOZ Lina ( S&D)
|
Monika VANA ( Verts/ALE),
Eugenia RODRÍGUEZ PALOP ( GUE/NGL),
Sylvie BRUNET ( RE),
Andżelika Anna MOŻDŻANOWSKA ( ECR),
Cindy FRANSSEN ( PPE)
|
| Committee Legal Basis Opinion | JURI |
DZHAMBAZKI Angel ( ECR)
|
Lead committee dossier:
Legal Basis:
RoP 40, TFEU 153-p1, TFEU 153-p2
Legal Basis:
RoP 40, TFEU 153-p1, TFEU 153-p2Subjects
- 4.10.05 Social inclusion, poverty, minimum income
- 4.15.04 Workforce, occupational mobility, job conversion, working conditions
- 4.15.08 Work, employment, wages and salaries: equal opportunities women and men, and for all
- 4.15.12 Workers protection and rights, labour law
- 4.15.14 Social dialogue, social partners
Events
2022/10/25
Final act published in Official Journal
Details
PURPOSE: to improve living and working conditions in the EU, in particular the adequacy of minimum wages for workers in order to contribute to upward social convergence and reduce wage inequality.
LEGISLATIVE ACT: Directive (EU) 2022/2041 of the European Parliament and of the Council of 19 October 2022 on adequate minimum wages in the European Union.
CONTENT: this Directive establishes a framework for:
- adequacy of statutory minimum wages with the aim of achieving decent living and working conditions;
- promoting collective bargaining on wage-setting;
- enhancing effective access of workers to rights to minimum wage protection where provided for in national law and/or collective agreements.
The Directive will be without prejudice to:
- the full respect for the autonomy of the social partners, as well as their right to negotiate and conclude collective agreements;
- the competence of Member States in setting the level of minimum wages, as well as to the choice of the Member States to set statutory minimum wages, to promote access to minimum wage protection provided for in collective agreements, or both.
Procedure for setting adequate statutory minimum wages
Member States with statutory minimum wages will establish the necessary procedures for the setting and updating of statutory minimum wages . Such setting and updating will be guided by criteria set to contribute to their adequacy, with the aim of: (i) achieving a decent standard of living, (ii) reducing in-work poverty, as well as (iii) promoting social cohesion and upward social convergence, and (iv) reducing the gender pay gap.
Updates of statutory minimum wages will take place at least every two years (or at the latest every four years for those countries which use an automatic indexation mechanism).
To guide their assessment of the adequacy of statutory minimum wages, Member States may use indicative reference values commonly used at international level , such as 60% of gross median wage and 50 % of the gross average wage, and/or indicative reference values used at national level.
Promotion of collective bargaining for wage-setting
Member States, with the participation of the social partners and in accordance with national law and practice, will:
- promote the capacity of the social partners to engage in collective bargaining for wage-setting;
- take measures, where appropriate, to protect the exercise of the right to collective bargaining and to protect workers and trade union representatives against acts of discrimination in employment on the grounds that they are participating or wish to participate in collective bargaining for wage fixing.
Where collective bargaining coverage is below a threshold of 80% , Member States will establish an action plan to promote collective bargaining. The action plan should set out a clear timetable and specific measures for progressively increasing collective bargaining coverage.
Member States will take the necessary measures to ensure that the social partners are involved in setting and updating statutory minimum wages.
Effective access of workers to statutory minimum wages
The Directive provides that Member States will take the following measures to enhance the effective access of workers to statutory minimum wage protection. These measures include:
- controls by labour inspectorates;
- easily accessible information on minimum wage protection and;
- developing the capability of enforcement authorities to prosecute non-compliant employers.
Right to redress and protection against adverse treatment or consequences
Workers and workers’ representatives, including those who are trade union members or representatives, will be in a position to exercise their right of defence when their rights relating to minimum wage protection are provided for in national law or collective agreements and have been violated.
Member States will take the necessary measures to ensure that workers have access to effective, timely and impartial dispute resolution and a right to redress, as well as effective judicial and/or administrative protection from any form of detriment, if they decide to exercise their right of defence.
This Directive will not constitute valid grounds for reducing the general level of protection already provided to workers within Member States, in particular with regard to the lowering or abolition of minimum wages.
ENTRY INTO FORCE: 14.11.2022.
TRANSPOSITION: no later than 15.11.2024.
2022/10/20
EC - Commission response to text adopted in plenary
Documents
2022/10/19
CSL - Draft final act
Documents
2022/10/19
CSL - Final act signed
2022/10/04
EP/CSL - Act adopted by Council after Parliament's 1st reading
2022/09/14
EP - Decision by Parliament, 1st reading
Details
The European Parliament adopted by 505 votes to 92, with 44 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council on adequate minimum wages in the European Union.
The proposal for a directive establishes a framework for making minimum wages more adequate and improving workers' access to minimum wage protection.
The European Parliament's first reading position under the ordinary legislative procedure amends the proposal as follows:
Framework established by the Directive
The Directive aims to improve living and working conditions in the Union with the objective of contributing to upward social convergence and reducing wage inequalities.
To this end, the Directive establishes a framework for:
- the adequacy of statutory minimum wages with a view to achieving decent living and working conditions;
- the promotion of collective bargaining for wage-setting;
- enhancing effective access of workers to rights to minimum wage protection where provided for in national law and/or collective agreements.
It is clarified that the Directive is without prejudice to the full respect of the autonomy of the social partners and their right to negotiate and conclude collective agreements. The new directive will apply to all workers in the EU who have a contract of employment or an employment relationship. Member States where the minimum wage is already protected by collective agreements will not be obliged to apply these rules or to make these agreements generally applicable.
Promotion of collective bargaining for wage-setting
To increase the coverage of collective bargaining and to facilitate the exercise of the right to collective bargaining for wage-setting, Member States, with the participation of the social partners and in accordance with national law and practice, should:
- encourage constructive negotiations on wages between the social partners on an equal footing, in which both parties have access to appropriate information to exercise their functions regarding collective bargaining for wage-setting;
- take measures, where appropriate, to protect the exercise of the right to collective bargaining and to promote collective bargaining for wage-setting.
In countries where less than 80% of workers are covered by collective bargaining, Member States, in collaboration with the social partners, should draw up an action plan to promote collective bargaining.
Procedure for setting adequate statutory minimum wages
Member States with statutory minimum wages should establish the necessary procedures for the setting and updating of statutory minimum wages. These procedures should be guided by criteria set to contribute to their adequacy, with the aim of achieving a decent standard of living, reducing in-work poverty, as well as promoting social cohesion and upward social convergence, and reducing the gender pay gap.
The national criteria should include at least the following elements: (a) the purchasing power of statutory minimum wages, taking into account the cost of living; (b) the general level of wages and their distribution; (c) the growth rate of wages; (d) long-term national productivity levels and developments.
Member States should use indicative reference values to guide their assessment of adequacy of statutory minimum wages. To that end, they may use indicative reference values commonly used at international level such as 60 % of the gross median wage and 50 % of the gross average wage , and/or indicative reference values used at national level.
Regular and timely updates of statutory minimum wages should take place at least every two years.
Enforcement system
The amended text introduces an obligation for Member States to put in place an effective enforcement system, including reliable monitoring as well as controls and field inspections, in order to ensure compliance with these rules and to combat abusive sub-contracting, bogus self-employment, undeclared overtime or health and safety risks linked to increased work intensity.
Member States will also need to take measures to (i) ensure that, in awarding and performing public contracts , economic operators and their subcontractors respect the applicable obligations concerning wages and the right to collective bargaining on wage setting; and (ii) ensure that effective data collection tools are in place to monitor minimum wage protection.
Information on minimum wage protection
Information on statutory minimum wages and minimum wage protection provided by generally applicable collective agreements, including information on redress mechanisms , should be made available to the public, where necessary in the most relevant language, as determined by the Member State, in a comprehensive and easily accessible way, including to persons with disabilities.
Documents
2022/09/13
EP - Debate in Parliament
Documents
2022/07/11
EP - Approval in committee of the text agreed at 1st reading interinstitutional negotiations
Documents
2022/06/15
CSL - Coreper letter confirming interinstitutional agreement
Documents
2022/06/15
EP - Text agreed during interinstitutional negotiations
Documents
2021/11/25
EP - Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71 - vote)
2021/11/22
EP - Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
2021/11/18
EP - Committee report tabled for plenary, 1st reading
Details
The Committee on Employment and Social Affairs adopted the report by Dennis RADTKE (EPP, DE) and Agnes JONGERIUS (S&D, NL) on the proposal for a directive of the European Parliament and of the Council on adequate minimum wages in the European Union.
The proposal for a directive establishes a framework to make minimum wages more adequate and to improve workers' access to minimum wage protection.
The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:
Framework established by the directive
According to Members, the directive should aim to improve working and living conditions in the EU for all workers, contribute to upward social convergence and reduce pay inequalities and the gender pay gap in the EU.
To this end, the Directive should establish a framework to:
- determine the adequate and fair level of minimum wages to ensure at least a decent standard of living for workers and their families;
- ensure protection offered by minimum wages , in the form of: (i) a non-discriminatory statutory minimum wage, where statutory minimum wages exist; (ii) access to collective bargaining for wage setting; and (iii) universally applicable collective agreements, where they exist.
The Directive should apply with due respect for the freedom of association and the right to collective bargaining as recognised in the Charter of Fundamental Rights of the European Union, the European Social Charter and the relevant International Labour Organisation (ILO) conventions. The social partners would retain the right to negotiate, monitor and set wages through collective agreements.
Promotion of collective bargaining for wage setting
In cooperation with the social partners, Member States should also:
- prohibit and take measures to prevent all acts which undermine the right of workers to join a trade union, or which discriminate against workers and trade union representatives participating in collective bargaining on wage setting, and ensure that all workers have appropriate access to the necessary information on their rights;
- prohibit all acts aimed at undermining collective bargaining on wage setting;
- ensure that employers provide trade union representatives with appropriate information and facilities to enable them to carry out their functions in respect of collective bargaining on wage setting;
- support compliance with applicable collective wage agreements, also along the sub-contracting chains, and the provision of collective wage agreements to employers and workers.
Action plan
Member States where the overall collective bargaining coverage regulating remuneration is less than 80% of the workers should ensure conditions conducive to the promotion of collective bargaining, in the form of an action plan, by law following consultation with and in agreement with the social partners.
The action plan should set out a clear timeline and concrete measures to effectively ensure the right to collective bargaining to promote and progressively increase the coverage of such collective bargaining to at least 80% of the workers . The action plan should be updated at least every two years, after consulting social partners, in agreement with social partners. The Commission should monitor progress and report annually to the European Parliament and the Council in this respect.
Adequacy and fairness of statutory minimum wages
Member States should ensure that statutory minimum wages are adequate and fair and guarantee a decent standard of living. Member States in which statutory minimum wages do not result from collective bargaining should put in place measures to ensure that the setting and updating of such wages contribute to combating poverty, in particular in-work poverty , to promoting social cohesion and to reducing wage inequalities.
National criteria
The setting and updating of wages should be based on criteria to ensure adequacy and fairness with the aim of creating decent working and living conditions, eliminating the gender pay gap and ensuring upward convergence , taking into account the situation of the labour market concerned.
National criteria should include: (i) the purchasing power of statutory minimum wages, taking into account the cost of living, based on a national basket of goods and services at real prices, including VAT, social security contributions and public services; (ii) the poverty rate, in particular the rate of in-work poverty.
Member States should assess and report on the adequacy of statutory minimum wages. Statutory minimum wages should be updated in a transparent way, at least once a year.
Members opposed the possibility for Member States to allow different statutory minimum wage rates for specific groups of workers or to allow statutory deductions that reduce workers' pay below the statutory minimum wage.
Monitoring compliance with the Directive
Member States that apply statutory minimum wages should increase the intensity and frequency of on-the-spot checks and inspections and ensure that sufficient resources are available to ensure that such checks and inspections are effective, dissuasive, proportionate and non-discriminatory. Members called for information to be provided in formats accessible to all, in particular to persons with disabilities, and for workers and employers to have access to mediation or dispute settlement.
Documents
2021/11/11
EP - Vote in committee, 1st reading
2021/11/11
EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2021/11/03
EP - Specific opinion
Documents
2021/10/11
EP - Committee opinion
Documents
2021/09/14
EP - Results of vote in Parliament
Documents
2021/07/01
EL_PARLIAMENT - Contribution
Documents
2021/07/01
EP - DZHAMBAZKI Angel (ECR) appointed as rapporteur in JURI
2021/05/19
AT_NATIONALRAT - Contribution
Documents
2021/05/18
EP - Amendments tabled in committee
Documents
2021/04/22
IT_CHAMBER - Contribution
Documents
2021/04/22
IT_CHAMBER - Contribution
Documents
2021/04/06
EP - Committee draft report
Documents
2021/03/19
CofR - Committee of the Regions: opinion
Documents
2021/02/11
EP - GÁLVEZ MUÑOZ Lina (S&D) appointed as rapporteur in FEMM
2021/02/09
EP - RADTKE Dennis (EPP) appointed as rapporteur in EMPL
2021/02/09
EP - JONGERIUS Agnes (S&D) appointed as rapporteur in EMPL
2021/01/24
IT_SENATE - Contribution
Documents
2021/01/19
PT_PARLIAMENT - Contribution
Documents
2021/01/17
BG_PARLIAMENT - Contribution
Documents
2020/12/21
CZ_SENATE - Contribution
Documents
2020/12/14
ES_PARLIAMENT - Contribution
Documents
2020/11/11
EP - Committee referral announced in Parliament, 1st reading
2020/10/29
EC - Document attached to the procedure
Documents
2020/10/29
EC - Document attached to the procedure
Documents
2020/10/29
EC - Document attached to the procedure
Documents
2020/10/28
EC - Legislative proposal published
Details
PURPOSE: to establish a framework to improve the adequacy of minimum wages and to increase the access of workers to minimum wage protection.
PROPOSED ACT: Directive of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: adequate minimum wages are a fundamental component of the European model of social market economy. When set at adequate levels, minimum wages protect the income of disadvantaged
workers, help ensure a decent living, and limit the fall in income during bad times. During economic recessions, such as the COVID-19 crisis, the role of minimum wages in protecting low-wage workers is essential to support a sustainable and inclusive economic recovery.
Principle 6 of the Pillar on ‘Wages’ calls for adequate minimum wages as well as for transparent and predictable wage setting to be put in place, according to national practices and respecting the autonomy of the social partners.
Minimum wage protection can be provided by collective agreements (as is the case in six Member States) or by statutory minimum wages set by law (as is the case in 21 Member States).
However, many workers are currently not protected by adequate minimum wages in the EU. In the majority of Member States with national statutory minimum wages, minimum wages are too low vis-à-vis other wages or to provide a decent living, even if they have increased in recent years. National statutory minimum wages are lower than 60% of the gross median wage and/or 50% of the gross average wage in almost all 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 this context, the proposed directive aims to ensure that EU workers are protected by adequate minimum wages allowing for a decent living wherever they work.
IMPACT ASSESSMENT: the quantitative analysis carried out on a scenario based on a hypothetical increase of minimum wages to 60% of the gross median wage shows that it would improve the adequacy of minimum wages in about half of the Member States. Between 10 and 20 million workers would benefit from these improvements. In several countries, improvements in minimum wage protection would result in a reduction of in-work poverty and wage inequality by over 10% and a reduction in the gender pay gap by about 5% or more.
CONTENT: the proposed directive establishes minimum requirements at EU level to ensure both that minimum wages are set at an adequate level and that workers can have access to the protection offered by minimum wages, either in the form of a statutory minimum wage or in the form of wages set by collective agreements.
The proposal respects Member States’ competence to set higher standards, without prejudice to the role that Member States may entrust to social partners, in accordance with national traditions and in full respect of social partners’ contractual freedom.
The proposed Directive:
- would apply to workers with an employment contract or employment relationship as defined by law, collective agreements or practice in each Member State, including workers in atypical forms of employment ;
- would oblige Member States to take measures to promote the capacity of the social partners to engage in collective bargaining on wages to encourage wage bargaining.
In the case of countries where there is a legal minimum wage, the proposal:
- requires Member States to provide for national criteria for setting and updating statutory minimum wages that are defined in a stable and clear manner, regular and timely updates and the establishment of consultative bodies;
- calls on the Member States, in consultation with the social partners to: (i) limit the use of variations in minimum wages and their application over time and their extent and (ii) provide for the protection of statutory minimum wages against unjustified or disproportionate deductions;
- requires effective and timely participation of the social partners in the setting and updating of statutory minimum wages, including through participation in consultative bodies;
- Requires Member States to take the necessary measures to ensure that workers have effective access to the protection offered by statutory minimum wages (e.g. strengthening the system of controls and field inspections, informing workers about applicable statutory minimum wages).
With a view to monitoring the implementation of this Directive, the Commission should report to the European Parliament and the Council its assessment of developments in the adequacy and coverage of minimum wages on the basis of the information provided by Member States.
Documents
Documents
- Final act published in Official Journal: Directive 2022/2041
- Final act published in Official Journal: OJ L 275 25.10.2022, p. 0033
- Commission response to text adopted in plenary: SP(2022)564
- Draft final act: 00028/2022/LEX
- Decision by Parliament, 1st reading: T9-0316/2022
- Debate in Parliament: Debate in Parliament
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: PE734.121
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: GEDA/A/(2022)004578
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2022)004578
- Text agreed during interinstitutional negotiations: PE734.121
- Committee report tabled for plenary, 1st reading: A9-0325/2021
- Specific opinion: PE699.235
- Committee opinion: PE691.369
- Results of vote in Parliament: Results of vote in Parliament
- Contribution: COM(2020)0682
- Contribution: COM(2020)0682
- Amendments tabled in committee: PE692.765
- Contribution: COM(2020)0682
- Contribution: SWD(2020)0246
- Committee draft report: PE689.873
- Committee of the Regions: opinion: CDR5859/2020
- Contribution: COM(2020)0682
- Contribution: COM(2020)0682
- Contribution: COM(2020)0682
- Contribution: COM(2020)0682
- Contribution: COM(2020)0682
- Document attached to the procedure: SEC(2020)0362
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2020)0245
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2020)0246
- Legislative proposal published: COM(2020)0682
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: SEC(2020)0362
- Document attached to the procedure: EUR-Lex SWD(2020)0245
- Document attached to the procedure: EUR-Lex SWD(2020)0246
- Committee of the Regions: opinion: CDR5859/2020
- Committee draft report: PE689.873
- Amendments tabled in committee: PE692.765
- Committee opinion: PE691.369
- Specific opinion: PE699.235
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2022)004578
- Text agreed during interinstitutional negotiations: PE734.121
- Draft final act: 00028/2022/LEX
- Commission response to text adopted in plenary: SP(2022)564
- Contribution: COM(2020)0682
- Contribution: COM(2020)0682
- Contribution: COM(2020)0682
- Contribution: COM(2020)0682
- Contribution: COM(2020)0682
- Contribution: COM(2020)0682
- Contribution: COM(2020)0682
- Contribution: COM(2020)0682
- Contribution: SWD(2020)0246
Activities
- Agnes JONGERIUS
Plenary Speeches (2)
- Maria GRAPINI
Plenary Speeches (1)
- Krzysztof HETMAN
Plenary Speeches (1)
- Ádám KÓSA
Plenary Speeches (1)
- Sirpa PIETIKÄINEN
Plenary Speeches (1)
- Dennis RADTKE
Plenary Speeches (1)
- Anne SANDER
Plenary Speeches (1)
- Monika VANA
Plenary Speeches (1)
- Rainer WIELAND
Plenary Speeches (1)
- Tatjana ŽDANOKA
Plenary Speeches (1)
- Pedro MARQUES
Plenary Speeches (1)
- Sandra PEREIRA
Plenary Speeches (1)
- Peter KOFOD
Plenary Speeches (1)
- Stelios KYMPOUROPOULOS
Plenary Speeches (1)
- Dragoş PÎSLARU
Plenary Speeches (1)
- Eugenia RODRÍGUEZ PALOP
Plenary Speeches (1)
- Mick WALLACE
Plenary Speeches (1)
- Sylvie BRUNET
Plenary Speeches (1)
- Guido REIL
Plenary Speeches (1)
- Daniela RONDINELLI
Plenary Speeches (1)
- Elżbieta RAFALSKA
Plenary Speeches (1)
- Mounir SATOURI
Plenary Speeches (1)
- Stefania ZAMBELLI
Plenary Speeches (1)
- Milan BRGLEZ
Plenary Speeches (1)
- Sara SKYTTEDAL
Plenary Speeches (1)
- Monica SEMEDO
Plenary Speeches (1)
- Klára DOBREV
Plenary Speeches (1)
- Cindy FRANSSEN
Plenary Speeches (1)
- Elena LIZZI
Plenary Speeches (1)
- Sara MATTHIEU
Plenary Speeches (1)
Votes
Salaires minimaux adéquats dans l’Union européenne - Adequate minimum wages in the European Union - Angemessene Mindestlöhne in der Europäischen Union - A9-0325/2021 - Dennis Radtke, Agnes Jongerius - Décision d’engager des négociations interinstitutionnelles (commission EMPL) #
2021/11/25 Outcome: +: 443, -: 192, 0: 58
NI
The LeftSalaires minimaux adéquats dans l’Union européenne - Adequate minimum wages in the European Union - Angemessene Mindestlöhne in der Europäischen Union - A9-0325/2021 - Dennis Radtke, Agnes Jongerius - Accord provisoire - Am 107 #
2022/09/14 Outcome: +: 505, -: 92, 0: 44
| Amendments | Dossier |
| 1119 |
2020/0310(COD)
2021/05/18
EMPL
839 amendments...
Amendment 100 #
Proposal for a directive Recital 1 a (new) (1a) Pursuant to Article 153(1)(b) of the Treaty on the Functioning of the European Union, the Union has competence to support and complement the activities of the Member States in the field of working conditions.
Amendment 101 #
Proposal for a directive Recital 1 a (new) (1 a) Nothing in this directive should be interpreted in any way to be an obligation for Member States like Sweden that has a labour market model based primarily on collective bargaining to impose minimum wages or be subject to any new provisions.
Amendment 102 #
Proposal for a directive Recital 1 a (new) (1 a) Article 7 of the International Covenant on Economic, Social and Cultural Rights recognises the right of everyone to fair wages and equal remuneration for work of equal value, and a decent living for themselves and their families.
Amendment 103 #
Proposal for a directive Recital 1 a (new) (1 a) The reasoned opinions from the national parliaments of Malta, Sweden and Denmark conclude that this proposal does not comply with the principle of subsidiarity;
Amendment 104 #
Proposal for a directive Recital 1 b (new) (1b) Pursuant to Article 153(1)(f) of the Treaty on the Functioning of the European Union, the Union has competence to support and complement the activities of the Member States in the field of representation and collective defence of the interests of workers and employers, including co-determination. This competence requires unanimity in the Council.
Amendment 105 #
Proposal for a directive Recital 1 b (new) (1 b) Article 151 of the Treaty on the Functioning of the European Union provides for the Union and the Member States to have as their objectives, inter alia, improved living and working conditions, so as to make possible the harmonisation of such conditions while the improvement is being maintained, proper social protection and dialogue between management and labour, in line with the European Social Charter.
Amendment 106 #
Proposal for a directive Recital 1 c (new) (1c) Pursuant to Article 153(5) of the Treaty on the Functioning of the European Union, pay and the right of association fall exclusively within the competence of the Member States.
Amendment 107 #
Proposal for a directive Recital 1 d (new) (1d) Pursuant to Article 27 of the Charter of Fundamental Rights of the European Union, all workers and their representatives have the right to information and consultation in good time in the cases and under the conditions provided for by Union law and national laws and practices.
Amendment 108 #
Proposal for a directive Recital 1 e (new) (1e) Pursuant to Article 28 of the Charter of Fundamental Rights of the European Union, all workers have the right to negotiate and conclude collective agreements at the appropriate levels and, in cases of conflicts of interest, to take collective action to defend their interests, including strike action.
Amendment 109 #
Proposal for a directive Recital 2 (2) Article
Amendment 110 #
Proposal for a directive Recital 2 (2) Article 28 of the Charter of Fundamental Rights of the European Union36 provides for the right of workers and employers, or their respective organisations, in accordance with Union law and national laws and practices, to negotiate and conclude collective agreements at the appropriate levels and, in cases of conflicts of interest, to take collective action to defend their interests, including strike action. Article 31 of the Charter of Fundamental Rights of the European Union3
Amendment 111 #
Proposal for a directive Recital 2 a (new) (2a) Pursuant to the case-law of the Court of Justice of the European Union (Joined Cases C-395/08 and C-396/08, Bruno et al), the Union can adopt procedural legislation on working conditions relating to pay, but without determining the amount of any wage item or the conditions for wage setting where these may have a direct impact on the outcome.
Amendment 112 #
Proposal for a directive Recital 3 (3) The European Social Charter establishes that all workers have the right to just conditions of work. It recognises the right of all workers, including young people and domestic workers and carers, to a
Amendment 113 #
Proposal for a directive Recital 3 (3)
Amendment 114 #
Proposal for a directive Recital 3 (3) The European Social Charter establishes that all workers have the right to just conditions of work. It recognises the right of all workers to a fair remuneration sufficient for a decent standard of living for themselves and their families. Article 4 of the Charter recognises the role of freely concluded collective agreements as well as of statutory minimum wage setting mechanisms, to ensure the effective exercise of this right. Article 5 of the European Social Charter recognises the right of workers and employers to organise. Article 6 of the European Social Charter recognises the right to collective bargaining.
Amendment 115 #
Proposal for a directive Recital 3 (3) The European Social Charter establishes that all workers have the right to just conditions of work. It recognises the right of all workers to a fair remuneration sufficient for a decent standard of living for themselves and their families. Article 4 of the Charter recognises the role of freely concluded collective agreements as well as of statutory
Amendment 116 #
Proposal for a directive Recital 3 (3) The European Social Charter establishes that all workers have the right to decent work and just conditions of work. It recognises the right of all workers to a fair and adequate remuneration sufficient for a decent standard of living for themselves and their families. Article 4 of the Charter recognises the role of freely concluded collective agreements as well as of statutory minimum wage setting mechanisms, to ensure the effective exercise of this right.
Amendment 117 #
Proposal for a directive Recital 4 Amendment 118 #
Proposal for a directive Recital 4 (4) Chapter II of the European Pillar of Social Rights, proclaimed at Gothenburg on 17 November 2017, establishes a set of principles to serve as a guide towards ensuring fair working conditions. Principles No 2 and 3 provide for equality of treatment and opportunities regarding participation in the labour market, terms and conditions of employment and career progression between man and women and regardless of racial or ethnic origin, religion or belief, disability, age or sexual orientation. Principle No 6 of the European Pillar of Social Rights reaffirms the workers’ right to fair wages that provide for a decent standard of
Amendment 119 #
Proposal for a directive Recital 4 (4) Chapter II of the European Pillar of Social Rights, proclaimed at Gothenburg on 17 November 2017, establishes a set of principles to serve as a guide towards ensuring fair working conditions. Principle No 6 of the European Pillar of Social Rights reaffirms the workers’ right to fair wages that provide for a decent standard of living. It also provides that adequate minimum wages shall be ensured, in a way that provides for the satisfaction of the needs of the worker and his/her family in the light of national economic and social conditions, whilst safeguarding access to
Amendment 120 #
Proposal for a directive Recital 4 (4) Chapter II of the European Pillar of Social Rights, proclaimed at Gothenburg on 17 November 2017, establishes a set of principles to serve as a guide towards ensuring fair working conditions. Principle No 6 of the European Pillar of Social Rights reaffirms the workers’ right to fair wages that provide for a decent standard of living. It also provides that adequate minimum wages shall be ensured, in a way that provides for the satisfaction of the needs of the worker and his/her family in the light of national economic and social conditions, whilst safeguarding access to employment and incentives to seek work. Furthermore, it recalls that in-work poverty shall be prevented and that all wages shall be set in a transparent and predictable way according to national practices and respecting the autonomy of the social partners.
Amendment 121 #
Proposal for a directive Recital 4 (4) Chapter II of the European Pillar of Social Rights, proclaimed at Gothenburg on 17 November 2017, establishes a set of principles to serve as a guide towards ensuring fair working conditions. Principle No 6 of the European Pillar of Social Rights reaffirms the workers’ right to fair wages that provide for a decent standard of living. It also provides that
Amendment 122 #
Proposal for a directive Recital 5 Amendment 123 #
Proposal for a directive Recital 5 Amendment 124 #
Proposal for a directive Recital 5 (5)
Amendment 125 #
Proposal for a directive Recital 5 (5) Guideline 5 of Council Decision 2020/ 1512/EU on guidelines for the employment policies of the Member States37 calls on Member States to ensure an effective involvement of social partners in wage-setting, providing for fair wages that enable a decent standard of living
Amendment 126 #
Proposal for a directive Recital 5 (5) Guideline 5 of Council Decision 2020/ 1512/EU on guidelines for the employment policies of the Member States37 calls on Member States to ensure an effective involvement of social partners in wage-setting, providing for fair wages that enable a decent standard of living and allowing for an adequate responsiveness of wages to productivity developments, with a view to upward convergence. The Guideline also calls on Member States to promote social dialogue and collective bargaining on wage setting. It also calls on
Amendment 127 #
Proposal for a directive Recital 5 (5) Guideline 5 of Council Decision 2020/ 1512/EU on guidelines for the employment policies of the Member
Amendment 128 #
Proposal for a directive Recital 5 (5) Guideline 5 of Council Decision 2020/ 1512/EU on guidelines for the employment policies of the Member States37 calls on Member States to ensure
Amendment 129 #
Proposal for a directive Recital 6 (6) Better working and living conditions,
Amendment 130 #
Proposal for a directive Recital 6 (6) Better working and living
Amendment 131 #
Proposal for a directive Recital 6 (6) Better working and living conditions,
Amendment 132 #
Proposal for a directive Recital 6 (6) Better working and living conditions, including through adequate and fair minimum wages, benefit both workers and businesses in the Union and are a prerequisite for achieving fair, inclusive and sustainable growth. Addressing large differences in the coverage and adequacy of minimum wage protection 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, the creation of quality employment, innovation and productivity improvements ensuring a level playing field, but not on competition on the lowest wages and social protection.
Amendment 133 #
Proposal for a directive Recital 6 (6) Better working and living conditions, including through adequate and fair minimum wages, including hourly- based minimum income, benefit both workers and businesses
Amendment 134 #
Proposal for a directive Recital 6 (6) Better working and living conditions, including through adequate and fair 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 contributes to improving the fairness of the EU labour market, preventing and combating wage dumping, and promote economic, social progress and upward convergence. Competition in the Single Market should be based on high social standards, the creation of quality jobs, innovation and productivity improvements ensuring a level playing field.
Amendment 135 #
Proposal for a directive 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 136 #
Proposal for a directive 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 contributes to improving the fairness of the EU labour
Amendment 137 #
Proposal for a directive Recital 6 (6) Better working and living conditions, including through adequate and fair 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 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 138 #
Proposal for a directive Recital 6 (6) Better working and living conditions, including through
Amendment 139 #
Proposal for a directive Recital 6 a (new) (6 a) According to the International Labour Organization (ILO), the purpose of minimum wages is to protect workers against unjustifiably low pay, which is predominant in the care sector. Policy to improve working conditions and access to high-quality jobs in long-term care has a gender dimension, and extending minimum wages to cover care workers can extensively contribute to reducing inequality.
Amendment 140 #
Proposal for a directive Recital 7 (7) When set at adequate levels and taking into account the needs of workers and their families, minimum wages protect the income of all workers, notably disadvantaged workers, and help ensure a decent living
Amendment 141 #
Proposal for a directive Recital 7 (7) When set at adequate and fair levels, 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 Organi
Amendment 142 #
Proposal for a directive Recital 7 (7) When set at adequate levels, 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 including hourly-based minimum income, contribute to sustaining domestic demand on national and regional level, strengthen incentives to work, reduce wage inequalities and in- work poverty.
Amendment 143 #
Proposal for a directive Recital 7 (7) When set at adequate levels whether by statutory minimum wages or collective bargaining, 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
Amendment 144 #
Proposal for a directive Recital 7 (7)
Amendment 145 #
Proposal for a directive Recital 7 (7) When set at adequate levels, minimum wages protect the income of
Amendment 146 #
Proposal for a directive Recital 7 (7) When set at adequate and fair levels, 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 of workers and their children.
Amendment 147 #
Proposal for a directive Recital 7 (7) When
Amendment 148 #
Proposal for a directive Recital 7 a (new) (7 a) During economic turndowns, such as the COVID-19 crisis, the role of minimum wages in protecting low-wage workers is particularly important and is essential for the purpose of supporting a sustainable and inclusive economic recovery which should lead to more quality employment after the crisis.
Amendment 149 #
Proposal for a directive Recital 7 a (new) (7 a) Member States that have ratified Convention 131 of the International Labour Organisation and are implementing it have made substantial progress on establishing a system of fixing minimum wages, which should not be undermined.
Amendment 150 #
Proposal for a directive Recital 7 a (new) (7a) In-work poverty in the European Union has increased by more than 12% over the past decade and more working people are experiencing poverty than during the previous economic and financial crisis.
Amendment 151 #
Proposal for a directive Recital 8 (8) Women, young, older, migrants, single-parents and low-skilled workers and persons with disabilities still have a higher probability of being minimum wage or low wage
Amendment 152 #
Proposal for a directive Recital 8 (8) Women, young and low-skilled workers, migrants and persons
Amendment 153 #
Proposal for a directive Recital 8 (8) Women, young and low-skilled workers and persons with disabilities have a higher probability of being minimum wage or low wage earners than other groups. During economic downturns, such as the Covid-19 crisis, the role of minimum wages in protecting low-wage workers becomes increasingly important and is essential to support a sustainable and inclusive economic recovery. Addressing minimum wage contributes to gender equality, closing the gender pay and pension gap as well as elevating women out of poverty. Ensuring equal pay and facilitating a good work-life balance, including for men, are vital to sustainable economic growth and development, productivity, and long-term fiscal sustainability in the Union.
Amendment 154 #
Proposal for a directive Recital 8 (8) Women, young and low-skilled workers and persons with disabilities have a higher probability of being minimum wage or low wage earners than other groups. During economic downturns, such as the Covid-19 crisis, the role of minimum wages in protecting low-wage workers becomes increasingly important and is essential to support a sustainable and
Amendment 155 #
Proposal for a directive Recital 8 (8) Women, young and low-skilled workers and persons with disabilities
Amendment 156 #
Proposal for a directive Recital 8 (8) Women, young and low-skilled and migrant workers and persons with disabilities have a higher probability of being minimum wage or low wage earners than other groups. During economic downturns, such as the Covid-19 crisis, the role of adequate minimum wages in protecting low-wage workers becomes increasingly important and is essential to support a sustainable and inclusive economic recovery.
Amendment 157 #
Proposal for a directive Recital 8 (8) Women, young and low-skilled workers and persons with disabilities have a higher probability of being minimum wage or low wage earners than other groups. During economic downturns, such as the Covid-19 crisis, the role of minimum wages in protecting low-wage workers becomes increasingly important and is essential to support a sustainable and inclusive economic recovery. Addressing minimum wage contributes to gender equality, closing the gender pay and pension gap as well as elevating women out of poverty and tackling child poverty.
Amendment 158 #
Proposal for a directive Recital 8 (8) Women, young
Amendment 159 #
Proposal for a directive Recital 8 a (new) (8a) The austerity measures designed to tackle the euro area crisis have been accompanied by a series of treaties and instruments, such as the Euro Plus Pact and the Stability and Growth Pact (SGP), which have contributed to wage moderation and wage cuts in many EU Member States.
Amendment 160 #
Proposal for a directive Recital 8 b (new) (8b) No social policy worthy of the name will be sustainable without reform of the Stability and Growth Pact (SGP), as the extension of its general escape clause does not offer European workers sufficient guarantees.
Amendment 161 #
Proposal for a directive Recital 9 (9)
Amendment 162 #
Proposal for a directive Recital 9 (9)
Amendment 163 #
Proposal for a directive Recital 9 (9) The Covid-19 pandemic
Amendment 164 #
Proposal for a directive Recital 9 (9)
Amendment 165 #
Proposal for a directive Recital 9 (9) The Covid-19 pandemic is having a significant impact on the services sector and small firms, which both have a high share of minimum wage earners. In addition, minimum wages are also important in view of the structural trends that are reshaping labour markets and which are increasingly characterised by high shares of non-standard and precarious work. These trends have led to an increased job polarisation resulting in an increasing share of low-paid and low- skilled occupations in most Member States, as well as to higher wage inequality in some of them. The COVID-19 crisis presents an opportunity to reassess the adequacy of wages in some low-paid, mostly female-dominated, sectors that have proven to be essential and of great social value during the crisis.
Amendment 166 #
Proposal for a directive Recital 9 (9) To ensure a strong and inclusive economic recovery, it is vital that our businesses, particularly SMEs and micro- enterprises, are in good health. The Covid-19 pandemic is having a significant impact on the services sector and small firms, which both have a high share of minimum wage earners. In addition, minimum wages are also important in view of the structural trends that are reshaping labour markets and which are increasingly characterised by high shares of non- standard and precarious work. These trends have led to an increased job polarisation resulting in an increasing share of low-paid and low-
Amendment 167 #
Proposal for a directive Recital 9 (9) The Covid-19 pandemic is having a significant impact on the services sector and small firms, which both have a high share of minimum wage earners, and the majority of employees in the services sector are women. In addition, minimum wages are also important in view of the structural trends that are reshaping labour markets and which are increasingly characterised by high shares of non- standard and precarious work. These trends have led to an increased job polarisation resulting in an increasing share of low-paid and low-
Amendment 168 #
Proposal for a directive Recital 9 (9) The Covid-19 pandemic is having a significant impact on the labour market generally and in particular the services sector and small and micro firms, which both have a high share of minimum wage earners. In addition, minimum wages are also important in view of the structural trends that are reshaping labour markets and which are increasingly characterised by high shares of non-standard and precarious work. These trends have led to an increased job polarisation resulting in an increasing share of low-paid and low- skilled occupations in most Member States, as well as to higher wage inequality in some of them.
Amendment 169 #
Proposal for a directive Recital 9 a (new) (9 a) The Covid-19 pandemic is having a particular impact on young people who were already likely to earn the minimum wage and are more vulnerable to the consequences of the pandemic due to the precarious nature of their job contracts and working arrangements. This endangers the economic independence of young people; an adequate minimum wage ensures a decent standard of living and positively affects their outlook for the future.
Amendment 170 #
Proposal for a directive Recital 9 a (new) (9 a) Taking into account the unpredictable effects and duration of the economic crisis caused by the COVID-19 pandemic, we should bear in mind that this directive should be implemented after analysing its effect on the situation on the labour markets in the Member States of the European Union. We should prevent a situation in which the implementation of the aims of this directive could have a negative effect on the labour market.
Amendment 171 #
Proposal for a directive Recital 9 a (new) (9 a) While labour market flexibility and new forms of employment, including part-time work and work for numerous employers are not generally and necessarily disadvantageous and are sometimes preferred by workers themselves, they should not lead to in- work poverty or the evasion of minimum wage regulations and agreements.
Amendment 172 #
Proposal for a directive Recital 9 b (new) (9 b) New technologies, innovative administrative approach and new forms of social dialogue and collective bargaining should therefore be developed, in order to guarantee the minimum wage and protection for all workers in the new social and economic realities of digital economy.
Amendment 173 #
Proposal for a directive Recital 10 (10)
Amendment 174 #
Proposal for a directive Recital 10 (10) While minimum wage protection exists in all Member States, in some that protection stems from legislative provisions (“statutory minimum wages”) and from collective agreements while in others it is provided exclusively, through collective agreements. These different national traditions must be respected, as also each Member State’s approach to the structure of professional employer or employee organisations, and the areas that can be covered by collective bargaining.
Amendment 175 #
Proposal for a directive Recital 10 (10) While minimum wage protection exists for most workers in all Member States, in some, that protection stems from legislative provisions (“statutory minimum wages”) and from collective agreements while in others it is provided exclusively, through
Amendment 176 #
Proposal for a directive 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) (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 178 #
Proposal for a directive Recital 11 (11) Minimum wage protection set out by 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.
Amendment 179 #
Proposal for a directive Recital 11 (11) Minimum wage protection set out by collective agreements in low-paid occupations is adequate in most cases
Amendment 180 #
Proposal for a directive Recital 11 (11) Minimum wage protection set out by 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; however, these options can also have positive structural effects in terms of apprenticeships or labour market integration for example, and should not therefore be ruled out.
Amendment 181 #
Proposal for a directive Recital 11 (11) Minimum wage protection set out by comprehensive collective agreements in low-paid occupations is
Amendment 182 #
Proposal for a directive Recital 11 (11) Minimum wage protection set out by 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
Amendment 183 #
Proposal for a directive Recital 11 (11) Minimum wage protection set out by 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 special categories with wages below the statutory level (such as public work schemes), reduced minimum wage rates (variations) and deductions from statutory minimum wages negatively affect their adequacy and increase the risk of poverty of such workers.
Amendment 184 #
Proposal for a directive Recital 11 (11) Minimum wage protection set out by 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, the limited use of which in some instances is justified, can negatively affect their adequacy.
Amendment 185 #
Proposal for a directive Recital 11 (11) Minimum wage protection
Amendment 186 #
Proposal for a directive 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 which drives down wages for all. In particular, such non-compliance has been found to affect notably women, young workers, people with disabilities and agricultural workers.
Amendment 187 #
Proposal for a directive Recital 12 (12) Not all workers in the Union are protected by minimum wages. In s
Amendment 188 #
Proposal for a directive 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
Amendment 189 #
Proposal for a directive 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 deductions, variations and the non-respect of existing rules. In particular, such non-compliance has been found to affect notably women, young and older workers, low-skilled workers, migrant workers, single-parent workers, people with disabilities and agricultural workers. In Member States where minimum wage protection is provided only through collective agreements, the share of workers not covered is estimated to vary from 2% to 55% of all workers.
Amendment 190 #
Proposal for a directive Recital 12 (12) Not all workers in the Union are protected by minimum wages. In some Member States
Amendment 191 #
Proposal for a directive 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
Amendment 192 #
Proposal for a directive 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-
Amendment 193 #
Proposal for a directive 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 i
Amendment 194 #
Proposal for a directive Recital 12 a (new) (12 a) To avoid the proliferation of sheltered employment opportunities that do not comply with minimum wage legislation and to avoid discrimination against persons with disabilities, the directive should ensure that sheltered employment facilities are governed by the standards, laws or agreements in place in the sector in which they operate.
Amendment 195 #
Proposal for a directive Recital 12 a (new) (12 a) The high shares of workers, unprotected by minimum wage agreements is especially due to the failure to expand collective agreement to non- standard, mobile, seasonal and part-time workers and to the inadequacy of existing forms of collective bargaining to the new labour market realities.
Amendment 196 #
Proposal for a directive Recital 13 (13) While strong collective bargaining at sector or cross-industry level, where it is the national law or practice, contributes to ensuring adequate and fair minimum wage protection, 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
Amendment 197 #
Proposal for a directive Recital 13 (13) While strong collective bargaining at sector or cross-industry level contributes to ensuring adequate and decent minimum wage protection, 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
Amendment 198 #
Proposal for a directive Recital 13 (13) While strong collective bargaining at sector or cross-industry level contributes to ensuring
Amendment 199 #
Proposal for a directive Recital 13 (13)
Amendment 200 #
Proposal for a directive Recital 13 (13)
Amendment 201 #
Proposal for a directive Recital 13 (13) While strong collective bargaining at sector or cross-industry level contributes to ensuring adequate minimum wage protection, traditional collective bargaining structures have been eroding during the last decades,
Amendment 202 #
Proposal for a directive 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 203 #
Proposal for a directive Recital 13 (13) While strong collective bargaining at sector or cross-industry level contributes to ensuring adequate minimum wage protection, traditional collective bargaining structures have
Amendment 204 #
Proposal for a directive Recital 13 (13) While strong collective bargaining at sector or cross-industry level contributes to ensuring adequate and fair minimum wage protection, 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 205 #
Proposal for a directive Recital 13 (13) While strong collective bargaining
Amendment 206 #
Proposal for a directive Recital 13 (13) While strong collective bargaining at sector or cross-industry level contributes to ensuring adequate minimum wage protection, 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
Amendment 207 #
Proposal for a directive Recital 13 a (new) (13 a) Collective bargaining and collective agreements that are signed by the most representative trade unions are not to be undermined by agreements providing less protections signed by workers' organisations under the control of employers or employers' organisations. Therefore, comparative representativeness rate should be taken into account in order to protect the adequacy of wages, support fair competition, defend sectoral collective bargaining and fight collective bargaining dumping.
Amendment 208 #
Proposal for a directive Recital 13 a (new) (13 a) The legal form of the employment relationship or employment contract varies from one Member State to another and is a matter of national competence. The characteristics of employment which enable it to be recognised as an employment relationship vary greatly from one Member State to another, as is clearly shown by the extensive research carried out by the labour law representatives from those Member States1a. __________________ 1a Regulating the employment relationship in Europe: A guide to Recommendation No 198, European Labour Law Network 2013
Amendment 209 #
Proposal for a directive Recital 13 a (new) (13 a) To achieve this goal, it is of the utmost importance to reform and adapt, including through the assistance of competent EU bodies, the national systems of social dialogue and collective bargaining to the social and economic realities and the labour market requirements of the 21st century.
Amendment 210 #
Proposal for a directive 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.
Amendment 211 #
Proposal for a directive 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 212 #
Proposal for a directive Recital 14 (14) The Commission has consulted
Amendment 213 #
Proposal for a directive 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
Amendment 214 #
Proposal for a directive Recital 15 (15) This Directive establishes
Amendment 215 #
Proposal for a directive Recital 15 (15)
Amendment 216 #
Proposal for a directive Recital 15 (15) This Directive establishes minimum requirements at Union level 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, while respecting the principle of subsidiarity and the national traditions and specificities of each Member State.
Amendment 217 #
Proposal for a directive 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 218 #
Proposal for a directive Recital 15 (15) This Directive establishes minimum requirements at Union level
Amendment 219 #
Proposal for a directive Recital 15 (15) This Directive establishes minimum requirements at Union level to ensure both that minimum wages are set at decent and 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 220 #
Proposal for a directive Recital 15 (15) This Directive establishes
Amendment 221 #
Proposal for a directive Recital 15 (15) This Directive establishes
Amendment 222 #
Proposal for a directive Recital 15 (15) This Directive establishes
Amendment 223 #
Proposal for a directive Recital 15 (15) This Directive establishes minimum requirements at Union level to
Amendment 224 #
Proposal for a directive Recital 16 (16) In full respect of Article 153(5) of the Treaty on the Functioning of the European Union, this Directive neither
Amendment 225 #
Proposal for a directive 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, which falls within the contractual freedom of the social partners at national level and within the relevant competence of Member States. The purpose of this Directive 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 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 226 #
Proposal for a directive 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.
Amendment 227 #
Proposal for a directive 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 and to promote access to minimum wage protection provided by collective agreements or to
Amendment 228 #
Proposal for a directive Recital 16 (16) In full respect of Article 153(5) of the Treaty on the Functioning of the European Union, this Directive neither
Amendment 229 #
Proposal for a directive 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
Amendment 230 #
Proposal for a directive 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
Amendment 231 #
Proposal for a directive Recital 16 a (new) (16a) As recalled by 11 countries in an informal statement of 21 April 2021 published before the Porto Summit, the European Union must respect the principles of subsidiarity and proportionality by leaving Member States to manage their own social policies and by respecting the policies adopted by national authorities in areas such as work and employment, remuneration, pensions, education and childcare.
Amendment 232 #
Proposal for a directive 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 233 #
Proposal for a directive Recital 16 a (new) (16 a) This Directive should not apply to the Kingdom of Sweden in any of its provisions.
Amendment 234 #
Proposal for a directive 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 235 #
Proposal for a directive Recital 16 c (new) (16 c) 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 representative national social partners, both in 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 do not have to apply the directive. Member States with robust collective bargaining coverage above 70% of all employees should be rewarded and their systems will not be affected by this directive. The directive aims to increase collective bargaining coverage, and decent minimum wages are seen as second best. The rationale for the reward for those Member States, on basis of a joint demand from representative 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 236 #
Proposal for a directive Recital 17 Amendment 237 #
Proposal for a directive Recital 17 (17) This Directive should apply to workers who have an employment contract or employment relationship as defined by the law, collective agreements or practice in force in each Member State, with consideration to the criteria established by the Court of Justice of the European Union for determining the status of a worker. Provided that they fulfil those criteria, workers both in the private and public sector, workers whose pay is calculated on the basis of output, where allowed by national law, seafarers, domestic workers, on-demand workers, intermittent workers, voucher based-
Amendment 238 #
Proposal for a directive Recital 17 (17) This Directive should apply to workers who have an employment contract or employment relationship as defined by the law, collective agreements or practice in force in each Member State, with consideration to the criteria established by the Court of Justice of the European Union for determining the status of a worker. Provided that they fulfil those criteria, workers in both the private and the public sector, workers whose pay is calculated on the basis of output, where permitted by national law, domestic workers, on- demand workers, intermittent workers, voucher
Amendment 239 #
Proposal for a directive Recital 17 (17) This Directive should apply to workers who have an employment contract or employment relationship as defined by the law, collective agreements or practice in force in each Member State
Amendment 240 #
Proposal for a directive Recital 17 (17) This Directive should apply to workers who have an employment contract or employment relationship as defined by the law, collective agreements or practice in force in each Member State, with consideration to the criteria established by the Court of Justice of the European Union for determining the status of a worker. Provided that they fulfil those criteria, workers in both the private and the public sectors, workers whose pay is calculated on the basis of output, where permitted by national law, domestic workers, on- demand workers, intermittent workers, voucher based-
Amendment 241 #
Proposal for a directive Recital 17 (17) This Directive should apply to workers who have an employment contract or employment relationship as defined by the law, collective agreements or practice in force in each Member State, with consideration to the criteria established by the Court of Justice of the European Union for determining the status of a worker. Provided that they fulfil those criteria, domestic workers, workers in the care sector, on-demand workers, intermittent workers, voucher based-
Amendment 242 #
Proposal for a directive Recital 17 (17) This Directive should apply to workers who have an employment contract or employment relationship as defined by the law, collective agreements or practice in force in each Member State, with consideration to the criteria established by the Court of Justice of the European Union for determining the status of a worker. Provided that they fulfil those criteria, domestic workers, on-demand workers, intermittent workers, voucher based- workers, bogus self-employed, platform workers, workers in sheltered employment, trainees and apprentices could fall within the scope of this Directive. Genuinely self-employed persons do not fall within the scope of this Directive since they do not fulfil those criteria. The abuse of the status of self- employed persons, as defined in national law, either at national level or in cross- border situations, is a form of falsely declared work that is frequently associated with undeclared work. Bogus self- employment occurs when a person is declared to be self-employed while fulfilling the conditions characteristic of an employment relationship, in order to avoid certain legal or fiscal obligations. Such persons 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.
Amendment 243 #
Proposal for a directive Recital 17 (17) This Directive should apply to workers who have an employment contract or employment relationship as defined by the law, collective agreements or practice in force in each Member State, with consideration to the criteria established by the Court of Justice of the European Union for determining the status of a worker. Provided that they fulfil those criteria, domestic workers, on-demand workers, intermittent workers, voucher based- workers, bogus self-employed, platform workers, workers in sheltered workshops, trainees and apprentices could fall within the scope of this Directive. Genuinely self- employed persons do not fall within the scope of this Directive since they do not fulfil those criteria. The abuse of the status of self-employed persons, as defined in national law, either at national level or in cross-border situations, is a form of falsely declared work that is frequently associated with undeclared work. Bogus self- employment occurs when a person is declared to be self-employed while fulfilling the conditions characteristic of an employment relationship, in order to avoid certain legal or fiscal obligations. Such persons 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.
Amendment 244 #
Proposal for a directive Recital 17 (17) This Directive should apply to workers who have an employment contract or employment relationship as defined by the law, collective agreements or practice in force in each Member State, with consideration to the criteria established by the Court of Justice of the European Union for determining the status of a worker. Provided that they fulfil those criteria, seafarers, domestic workers, on-demand workers, intermittent workers, voucher
Amendment 245 #
Proposal for a directive Recital 17 (17) This Directive should apply to workers who have an employment contract or employment relationship as defined by the law, collective agreements or practice in force in each Member State, with consideration to the criteria established by the Court of Justice of the European Union for determining the status of a worker. Provided that they fulfil those criteria, public workers, domestic workers, on- demand workers, intermittent workers, voucher based-
Amendment 246 #
Proposal for a directive Recital 17 (17) This Directive should apply to all workers who have an employment contract or employment relationship as defined by the law, collective agreements or practice in force in each Member State,
Amendment 247 #
Proposal for a directive Recital 17 (17) This Directive should apply to workers who have an employment contract or employment relationship as defined by
Amendment 248 #
Proposal for a directive Recital 17 a (new) (17 a) Member States should ensure compliance with the maximum working hours laid down in national law or collective agreements in the Member States in accordance with Directive 2003/88/EC of the European Parliament and of the Council, as well as other health and safety provisions, to ensure decent working conditions and to safeguard workers’ physical and mental well-being. Part-time workers, working for different employers and platform workers should also be protected against over-time working hours or over-time work without additional remuneration under national law or collective agreements, including through the adequate use of digital technologies.
Amendment 249 #
Proposal for a directive 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 250 #
Proposal for a directive Recital 17 a (new) (17a) The provisions regarding maximum working hours do not provide for the right to extend contractual hours, statutory working hours or working hours determined under collective agreements, because those limits have been set to protect workers in industries where the mode of operation (transport, ports, etc.) may require longer working hours than those laid down under a collective agreement or legislation.
Amendment 251 #
Proposal for a directive Recital 17 a (new) (17 a) Member States should ensure compliance with the maximum working hours laid down in national law or collective agreements in accordance with Directive 2003/88/EC of the European Parliament and of the Council, as well as other occupational health and safety standards and legislation, to ensure good decent and quality working conditions and to safeguard workers’ physical and mental well-being.
Amendment 252 #
Proposal for a directive Recital 17 b (new) (17 b) Member States should take effective measures against the practise of some employers to raise the output of work and/or increase the work intensity when minimum wages are implemented or increased because the hourly minimum wages are indirectly lowered and the purpose of this directive is undermined.
Amendment 253 #
Proposal for a directive Recital 18 (18) Collective bargaining should in any event be interpreted in line with ILO Conventions 98 on the Right to Organise and Collective Bargaining and 154 on Collective Bargaining, and ILO Recommendation 91 on Collective Agreements. Well-functioning collective bargaining on wage setting is an important means to ensure that workers are protected by adequate and fair minimum wages and that minimum wage arrangements adequately reflect national, regional and sectoral economic realities. In the Member States with statutory minimum wages, collective bargaining supports general wage developments and therefore
Amendment 254 #
Proposal for a directive Recital 18 (18) The interpretation of collective bargaining should be based on Convention 98 on the Right to organise and collective bargaining and Convention 154 on collective bargaining and Recommendation 91 on collective agreements. Well-functioning collective bargaining on wage setting is an important means to ensure that workers are protected by decent and adequate minimum wages. 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 Member States where minimum wage protection is provided exclusively by collective bargaining, their level as well as the share of protected workers are directly
Amendment 255 #
Proposal for a directive Recital 18 (18) Well-functioning collective bargaining on wage setting is an important means to ensure that workers are protected by adequate minimum wages
Amendment 256 #
Proposal for a directive Recital 18 (18) Well-functioning collective bargaining
Amendment 257 #
Proposal for a directive Recital 18 (18) Well-functioning collective bargaining on wage setting is an important means to ensure that workers are protected by
Amendment 258 #
Proposal for a directive Recital 18 (18) Well-functioning collective bargaining on wage setting is an important means to ensure that workers are protected by adequate minimum wages that provide for a decent standard of living. 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 Member States
Amendment 259 #
Proposal for a directive Recital 18 (18) Well-functioning collective bargaining on wage setting is an important means to ensure that workers are protected by adequate and fair minimum wages. In the Member States with statutory minimum wages, collective bargaining supports general wage developments and therefore contributes to improving the adequacy and fairness of minimum wages. In the Member States where minimum wage protection is provided exclusively 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.
Amendment 260 #
Proposal for a directive 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 Member States with statutory minimum wages, collective bargaining supports general wage developments and therefore contributes to improving the adequacy of minimum wages. In the Member States where minimum wage protection is provided exclusively 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
Amendment 261 #
Proposal for a directive Recital 19 (19) In a context of declining collective bargaining coverage, it is essential that the
Amendment 262 #
Proposal for a directive Recital 19 (19) In a context of declining collective bargaining coverage, it is essential that the Member States protect the right to engage in and promote collective bargaining to enhance workers’ access to minimum wage protection provided by collective agreements. Member States with a high collective bargaining coverage tend to have a low share of low-wage workers and high minimum wages. Member States with a small share of low wage earners have a collective bargaining coverage rate above 70%. Similarly, the majority of the Member States with high levels of minimum wages relative to the median wage have a collective bargaining coverage above 70%. While all Member States
Amendment 263 #
Proposal for a directive Recital 19 (19) In a context of declining collective bargaining coverage, it is essential that the Member States promote collective bargaining to enhance workers’ access to minimum wage protection provided by collective agreements. Member States with a high collective bargaining coverage tend to have a low share of low-wage workers and high minimum wages.
Amendment 264 #
Proposal for a directive Recital 19 (19) In a context of declining collective bargaining coverage, it is essential that the Member States promote collective bargaining to enhance workers’ access to minimum wage protection provided by collective agreements. Member States with a high collective bargaining coverage tend to have a low share of low-wage workers and high minimum wages. Member States with a small share of low wage earners have a collective bargaining coverage rate above 70%. Similarly, the majority of the Member States with high levels of minimum wages relative to the median wage have a collective bargaining coverage above 70%.
Amendment 265 #
Proposal for a directive Recital 19 (19) In a context of declining collective bargaining coverage, it is essential that the Member States promote collective bargaining to enhance workers’ access to minimum wage protection provided by collective agreements. Member States with a high collective bargaining coverage tend to have a low share of low-wage workers and high minimum wages. Member States with a small share of low wage earners have a collective bargaining coverage rate above 70%. Similarly, the majority of the Member States with high levels of minimum wages relative to the median wage have a collective bargaining coverage above 70%. While all Member States should be encouraged to promote collective bargaining, those who do not reach this level of coverage should, in consultation and/or agreement with the social partners, provide for or, where it already exists, strengthen a framework of facilitative procedures and institutional arrangements enabling the conditions for collective bargaining. Such framework should be established by law or by tripartite agreement. For the calculation of the collective bargaining coverage, the appropriate reference to adjusted coverage should include only workers in an employment contract or employment relationship excluding, for the purposes of this calculation, those that according to national practices are in statutory or in a public administration contractual relationship.
Amendment 266 #
Proposal for a directive Recital 19 (19) In a context of declining collective bargaining coverage, it is essential that the Member States promote collective bargaining to enhance workers’ access to minimum wage protection provided by collective agreements. Member States with a high collective bargaining coverage tend to have a low share of low-wage workers and high minimum wages. Member States with a small share of low wage earners have a collective bargaining coverage rate above 70%. Similarly, the majority of the Member States with high levels of minimum wages relative to the median wage have a collective bargaining coverage above 70%. While all Member States should be encouraged to promote collective bargaining coverage of at least 90%, to be raised to 100% in Member States that do not adopt a statutory minimum wage as workers would otherwise have no contractual coverage and would be exposed to exploitation and less protection, those who do not reach this level of coverage should, in consultation and/or agreement with the
Amendment 267 #
Proposal for a directive Recital 19 (19) In a context of declining collective bargaining coverage, it is essential that the Member States promote collective bargaining to enhance workers’ access to minimum wage protection provided by collective agreements. This applies in particular to Member States where multinational and large corporations in the digital and logistics industries practice social dumping and have further eroded alleged loopholes in the social system in recent years. Member States with a high collective bargaining coverage tend to have a low share of low-wage workers and high minimum wages. Member States with a small share of low wage earners have a collective bargaining coverage rate above 70%. Similarly, the majority of the Member States with high levels of minimum wages relative to the median wage have a collective bargaining coverage above 70%. While all Member States should be encouraged to promote collective bargaining, those who do not reach this level of coverage should, in consultation and/or agreement with the social partners, provide for or, where it already exists, strengthen a framework of facilitative procedures and institutional arrangements enabling the conditions for collective bargaining. Such framework should be established by law or by tripartite agreement.
Amendment 268 #
Proposal for a directive Recital 19 (19) In a context of declining collective bargaining coverage, it is essential that
Amendment 269 #
Proposal for a directive Recital 19 (19) In a context of declining collective bargaining coverage, it is essential that the
Amendment 270 #
Proposal for a directive Recital 19 (19) In a context of declining collective bargaining coverage, it is essential that the Member States promote collective bargaining to enhance workers’ access to minimum wage protection provided by collective agreements. This applies in particular to Member States with a low collective bargaining coverage. Member States with
Amendment 271 #
Proposal for a directive Recital 19 (19) In a context of declining collective bargaining coverage, it is essential that the Member States promote collective bargaining to enhance workers’ access to minimum wage protection provided by collective agreements. Member States with a high collective bargaining coverage tend to have a low share of low-wage workers and high minimum wages. Member States with a small share of low wage earners have a collective bargaining coverage rate above 70%. Similarly, the majority of the Member States with high levels of
Amendment 272 #
Proposal for a directive Recital 19 (19) In a context of declining collective bargaining coverage, it is essential that the Member States promote collective bargaining to enhance workers’ access to minimum wage protection provided by collective agreements. Member States with a high collective bargaining coverage tend to have a low share of low-wage workers and high minimum wages. Member States with a small share of low wage earners have a collective bargaining coverage rate above 70%. Similarly, the majority of the Member States with high levels of minimum wages relative to the median wage have a collective bargaining coverage above 70%. While all Member States should be encouraged to promote collective bargaining coverage of at least 90% by 2030, those who do not reach this level of coverage should, in consultation and/or agreement with the social partners,
Amendment 273 #
Proposal for a directive Recital 19 (19) In a context of declining collective bargaining coverage, it
Amendment 274 #
Proposal for a directive Recital 19 (19) In a context of declining collective bargaining coverage, it is essential that the Member States promote collective bargaining to enhance workers’ access to minimum wage protection provided by collective agreements. Member States with a high collective bargaining coverage tend to have a low share of low-wage workers and high minimum wages. Member States with a small share of low wage earners have a collective bargaining coverage rate above 70%. Similarly, the majority of the Member States with high levels of minimum wages relative to the median wage have a collective bargaining coverage above 70%. While all Member States should be encouraged to promote collective bargaining, those who do not reach this level of coverage should, in consultation and
Amendment 275 #
Proposal for a directive Recital 19 (19) In a context of declining collective bargaining coverage, it is
Amendment 276 #
Proposal for a directive Recital 19 (19) In a context of declining collective bargaining coverage, it is essential that the Member States promote collective bargaining to enhance workers’ access to
Amendment 277 #
Proposal for a directive Recital 19 a (new) (19 a) While minimum wage protection through collective agreements is generally more beneficial to both workers and businesses, and it is key to inclusion of various non-standard form of work, existing forms of collective bargaining are so far ineffective in meeting the needs of small businesses and technology-based employers. New forms of collective bargaining should be therefore encouraged.
Amendment 278 #
Proposal for a directive Recital 20 (20) Sound rules, procedures and practice for setting and updating statutory minimum wages are necessary to deliver
Amendment 279 #
Proposal for a directive Recital 20 (20) Sound rules, procedures and practice for setting and updating statutory minimum wages are necessary to deliver adequate and fair minimum wages, while safeguarding
Amendment 280 #
Proposal for a directive Recital 20 (20) Sound rules, procedures and practice for setting and updating statutory minimum wages are necessary to deliver adequate and decent minimum wages, while safeguarding
Amendment 281 #
Proposal for a directive 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 282 #
Proposal for a directive Recital 20 (20) Sound rules, procedures and practice for setting and updating statutory minimum wages are necessary to deliver
Amendment 283 #
Proposal for a directive 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. 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 284 #
Proposal for a directive Recital 20 (20) Sound rules, procedures and practice for setting and updating statutory minimum wages are necessary to deliver
Amendment 285 #
Proposal for a directive Recital 20 (20) Sound
Amendment 286 #
Proposal for a directive Recital 20 (20) Sound rules, procedures and practice for setting and updating statutory minimum wages 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. A timely and effective involvement of
Amendment 287 #
Proposal for a directive Recital 20 (20) Sound rules, procedures and practice for setting and updating statutory minimum wages are necessary to
Amendment 288 #
Proposal for a directive Recital 20 (20) Sound rules, procedures and practice for setting and updating statutory minimum wages 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
Amendment 289 #
Proposal for a directive Recital 21 Amendment 290 #
Proposal for a directive Recital 21 Amendment 291 #
Proposal for a directive 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,
Amendment 292 #
Proposal for a directive Recital 21 (21) Minimum wages are considered
Amendment 293 #
Proposal for a directive 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
Amendment 294 #
Proposal for a directive Recital 21 (21) Minimum wages are considered
Amendment 295 #
Proposal for a directive Recital 21 (21) Minimum wages
Amendment 296 #
Proposal for a directive 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. Th
Amendment 297 #
Proposal for a directive 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
Amendment 298 #
Proposal for a directive 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.
Amendment 299 #
Proposal for a directive 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
Amendment 300 #
Proposal for a directive 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.
Amendment 301 #
Proposal for a directive 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 for workers and their families on the basis of a full-time employment contract. 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
Amendment 302 #
Proposal for a directive Recital 21 (21) Minimum wages are considered to be adequate
Amendment 303 #
Proposal for a directive Recital 21 (21) Minimum wages are considered to be adequate
Amendment 304 #
Proposal for a directive Recital 21 (21) Minimum wages are
Amendment 305 #
Proposal for a directive 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,
Amendment 306 #
Proposal for a directive 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 for workers and their families. The adequacy of statutory minimum wages is determined in view of the national socio-
Amendment 307 #
Proposal for a directive Recital 21 (21) Minimum wages are considered to be adequate
Amendment 308 #
Proposal for a directive Recital 21 (21)
Amendment 309 #
Proposal for a directive 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
Amendment 310 #
Proposal for a directive Recital 21 (21) Minimum wages are considered to be adequate
Amendment 311 #
Proposal for a directive 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
Amendment 312 #
Proposal for a directive 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
Amendment 313 #
Proposal for a directive Recital 21 a (new) (21 a) The level of decency has not yet been reached in many Member States. In some Member States the international level of decency is still too low for a decent life, because the cost of living is higher. Because of this the level of decency should be combined with a check of the adequacy of statutory minimum wages on the basis of a "basket of goods and services" to determine a decent standard of living. In many Member States the decent standard of living is determined of a "basket of goods and services" which a person needs. Because the prices are often estimated too low, or not all goods and services are covered the cost of living should be regularly updated and the purchasing power assessed to a realistic level and should anticipate developments in the near future e.g. raising costs for housing. A decent standard of living should be more than mere subsistence, enabling meaningful participation in society and insurance against unforeseen shocks. The basket should cover at least the following categories in consultation with the national social partners: food, clothing, personal care, health, household goods and services, communication tools and telecommunication costs, social inclusion and participation, culture, sport, education, childcare, transport, housing (including energy and municipal tax), insurances (housing, health, depending on circumstances car), income tax to be paid on the resulting wage, savings and unforeseen circumstances.
Amendment 314 #
Proposal for a directive Recital 21 a (new) (21 a) Given the significant differences in economic standards and cost of living, as well as inequalities in gross wages between regions in some Member States, regional levels of statutory minimum wage need to be considered, where regional collective agreements do not apply.
Amendment 315 #
Proposal for a directive Recital 21 b (new) (21 b) The pilot project on the European Reference Budgets Network aims to develop a common methodology for the establishment of high quality and comparable reference budgets in all Member States, and to setup a network of experts for the design and development of complete reference budgets in all Member States. Such a common methodology could support the development of comparable standards 1a. __________________ 1a https://ec.europa.eu/social/main.jsp?catId =1092&intPageId=2312&langId=en
Amendment 316 #
Proposal for a directive Recital 22 Amendment 317 #
Proposal for a directive Recital 22 Amendment 318 #
Proposal for a directive Recital 22 (22) To promote a
Amendment 319 #
Proposal for a directive Recital 22 (22) To promote a
Amendment 320 #
Proposal for a directive Recital 22 (22) To
Amendment 321 #
Proposal for a directive Recital 22 (22) To promote a
Amendment 322 #
Proposal for a directive Recital 22 (22) To promote adequacy of minimum wages for all groups of workers, variations and deductions from statutory minimum wages should be provided for by law and strictly limited to a minimum,
Amendment 323 #
Proposal for a directive Recital 22 (22) To promote adequacy of minimum wages for all groups of workers, variations and deductions from statutory minimum wages should be limited to a minimum, while ensuring that social partners are duly consulted in both their definition and in ensuring that variations are non- discriminatory. 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 324 #
Proposal for a directive 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
Amendment 325 #
Proposal for a directive Recital 22 (22) To promote
Amendment 326 #
Proposal for a directive Recital 22 (22) To promote a
Amendment 327 #
Proposal for a directive Recital 22 (22) To promote
Amendment 328 #
Proposal for a directive Recital 22 (22) To promote adequacy of minimum wages for all groups of workers, variations and deductions from statutory minimum wages should be limited to a minimum, while ensuring that social partners are duly consulted in their definition. Variations and deductions should, however, remain possible. Some deductions to statutory minimum wages may be justified by a legitimate aim, including overstated amounts paid or deductions ordered by a judicial authority.
Amendment 329 #
Proposal for a directive Recital 22 a (new) (22 a) To promote and ensure the adequacy and decency of minimum wages for all groups of workers, it is necessary to apply the principle of equal treatment and the fight against discrimination. The exclusion of any worker from the protection of a statutory minimum wage cannot be justified. Variations of statutory minimum wages as well as deductions resulting in levels of wages below the statutory minimum wage undermine the principle of equal treatment of workers and the objective of this Directive. Work- related expenses, such as equipment necessary to perform the work, or in-kind allowances, such as accommodation, should therefore not be deducted from statutory minimum wages and should be payed by the employer. Extra payments, such as tips, overtime and end-of-year and holiday payments and bonuses, should not be included in the calculation of statutory minimum wages.
Amendment 330 #
Proposal for a directive Recital 22 a (new) (22 a) Given the over-representation of women in low-paying jobs, the establishment of minimum wages can make significant contributions towards lower the existing gender pay gaps provided that they are stablished at levels that promote equal opportunities for women to enter and stay in the labour market and that there are no discrimination among workers or exclusions that could perpetuate gender pay differences and the undervaluation of women’s work, embedded in traditional differentials between sectors and occupations.
Amendment 331 #
Proposal for a directive Recital 23 (23) An effective enforcement system, including reinforced controls and field inspections, is necessary to ensure the functioning of and compliance with national statutory minimum wage frameworks particularly in at-risk sectors. To strengthen the effectiveness of enforcement authorities, a close cooperation with the social partners is also needed, including to address critical challenges such as those related to abusive sub-
Amendment 332 #
Proposal for a directive Recital 23 (23) An effective enforcement system, including controls and field inspections, is necessary to ensure the functioning of national statutory minimum wage frameworks. In order to ensure that labour inspections can be carried out effectively, each labour inspector should be assigned to inspect no more than 10 000 workers. To strengthen the effectiveness of enforcement authorities, a close cooperation with the social partners is also needed, including to address critical challenges such as those related to sub- contracting, bogus self-employment or non-recorded overtime. Moreover, workers should have easily access to appropriate information on applicable statutory minimum wages to ensure an adequate degree of transparency and predictability as regards their working conditions.
Amendment 333 #
Proposal for a directive Recital 23 (23) An effective enforcement system, including enhanced controls and field inspections, is necessary to ensure the functioning of national statutory minimum wage frameworks and the respect of labour standards for all workers. To strengthen the effectiveness of enforcement authorities, a close cooperation with the social partners is also needed, including to address critical challenges such as those related to sub-
Amendment 334 #
Proposal for a directive Recital 23 (23) An effective enforcement system, including controls and field inspections, is necessary to ensure the functioning of national statutory minimum wage frameworks. To strengthen the effectiveness of enforcement authorities, a close cooperation with the social partners is also needed, including to address critical challenges such as those related to sub- contracting, bogus self-employment or non-recorded overtime. Moreover, workers should have easily access to appropriate information on applicable statutory minimum wages, also in formats accessible to people with different types of disabilities, to ensure an adequate
Amendment 335 #
Proposal for a directive Recital 23 (23) An effective enforcement system, including controls and field inspections, is necessary to ensure the functioning of national statutory minimum wage frameworks. To strengthen the effectiveness of enforcement authorities, Member States shall carry out a minimum amount of controls per worker annually as well as enter into a close cooperation with the social partners is also needed, including to address critical challenges such as those related to sub
Amendment 336 #
Proposal for a directive Recital 23 (23) An effective enforcement system, including controls and field inspections, according to national customs and laws is necessary to ensure the functioning of national statutory minimum wage frameworks. To strengthen the effectiveness of enforcement authorities, a close cooperation with the social partners is also needed, including to address critical challenges such as those related to sub- contracting, bogus self-employment or non-recorded overtime. Moreover, workers should have easily access to appropriate information on applicable statutory minimum wages to ensure an adequate degree of transparency and predictability as regards their working conditions.
Amendment 337 #
Proposal for a directive Recital 23 (23) An effective enforcement system, including controls and field inspections, is necessary to ensure the functioning of national statutory minimum wage frameworks. To strengthen the effectiveness of enforcement authorities, a close collaboration and /or cooperation with the social partners is also
Amendment 338 #
Proposal for a directive Recital 24 Amendment 339 #
Proposal for a directive Recital 24 (24) The effective implementation of minimum wage protection set out by legal provisions or provided by collective agreements is essential in the performance of public procurement and concession contracts.
Amendment 340 #
Proposal for a directive Recital 24 (24) The effective implementation of minimum wage protection set out by legal provisions or provided by collective agreements is essential in the performance of public procurement and concession contracts. Non-recognition of trade unions or non-respect of collective agreements providing for minimum wage protection in a given sector may indeed occur in the execution of such contracts or in the sub- contracting chain thereafter, resulting in workers being paid less than the wage level agreed in the sectoral collective agreements. To prevent such situations, economic operators have to be informed of the implementation of minimum wage protection and be open to negotiate with trade unions to create a solid and stable system of industrial relations, and apply to their workers the wages set by collective agreements for the relevant sector and geographical area in order to abide by applicable obligations in the field of labour law, in accordance with Articles 18(2) and 71(1) of Directive 2014/24/EU of the European Parliament and the Council on public procurement40, Articles 36(2) and 88(1) of Directive 2014/25/EU of the European Parliament and the Council on procurement by entities operating in the water, energy, transport and postal services sectors41 and Articles 30(3) and 42(1) of Directive 2014/23/EU of the European Parliament and the Council on the award of concession contracts42. __________________ 40Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L
Amendment 341 #
Proposal for a directive Recital 24 (24) The effective implementation of minimum wage protection set out by legal provisions or provided by collective agreements is essential in the performance of public procurement and concession contracts. Non-respect of collective agreements providing for minimum wage protection in a given sector may indeed occur in the execution of such contracts or in the sub-contracting chain thereafter, resulting in workers being paid less than the wage level agreed in the sectoral collective agreements. To prevent such situations, economic operators and their subcontractors have to apply to their workers the
Amendment 342 #
Proposal for a directive Recital 24 (24) The effective implementation of
Amendment 343 #
Proposal for a directive Recital 24 (24) The effective implementation of minimum wage protection set out by legal provisions or provided by collective agreements is essential in the performance of public procurement and concession contracts. Non-respect of collective agreements providing for minimum wage protection
Amendment 344 #
Proposal for a directive Recital 24 a (new) (24 a) For the applicants to financial support of the funds and programmes of the European Union, the rules for public procurement and concessions should be applied adequately with regard to the application of collective agreements and minimum wages, where they exist.
Amendment 345 #
Proposal for a directive Recital 25 Amendment 346 #
Proposal for a directive Recital 25 (25) Reliable monitoring and data collection are key to ensure the effective protection of minimum wages.
Amendment 347 #
Proposal for a directive Recital 25 (25) Reliable monitoring and data collection are key to ensure the effective protection of minimum wages. The Commission should report every year to the European Parliament and to the Council its assessment of developments in the adequacy and coverage of minimum wages on the basis of annual data and information to be provided by Member States. In addition, progress should be monitored in the framework of the process of economic and employment policy coordination at Union level. In that context,
Amendment 348 #
Proposal for a directive Recital 25 (25) Reliable monitoring and data collection are
Amendment 349 #
Proposal for a directive Recital 25 (25) Reliable monitoring and data
Amendment 350 #
Proposal for a directive Recital 25 (25) Reliable monitoring and data collection are key to ensure the effective protection of minimum wages. The Commission should report
Amendment 351 #
Proposal for a directive Recital 25 (25) Reliable monitoring and data collection are key to ensure the effective protection of minimum wages. The Commission should report every year to the European Parliament and to the Council its assessment of developments in the adequacy and coverage of non- discriminatory minimum wages on the basis of annual data and information to be provided by Member States. In addition, progress should be monitored in the framework of the process of economic and employment policy coordination at Union level. In that context, the Employment Committee should examine every year the situation in the Member States on the basis of the reports produced by the Commission and other multilateral surveillance tools such as benchmarking.
Amendment 352 #
Proposal for a directive Recital 26 (26) Workers should be informed about and be in a position to exercise their right of defence when their rights relating to established minimum wage protection, including hourly-based minimum income, are violated. In order to prevent that workers are deprived from their rights, and without prejudice to specific forms of redress and dispute resolution provided for in collective agreements, including systems of collective dispute resolution, such as voluntary recourse to mediation, Member States should take the necessary measures to ensure that they have access to effective and impartial dispute resolution and a right to redress, including to adequate compensation, as well as effective protection from any form of detriment i
Amendment 353 #
Proposal for a directive Recital 26 (26) Workers should be informed and be in a position to exercise their right of defence when their rights relating to established minimum wage protection are violated. In order to prevent that workers are deprived from their rights, and without prejudice to
Amendment 354 #
Proposal for a directive Recital 26 (26) Workers should be in a position to exercise their right of defence when their rights relating to established minimum wage protection are violated. In order to prevent that workers are deprived from their rights, and without prejudice to specific forms of redress and dispute resolution provided for in collective agreements, including systems of collective dispute resolution, Member States should take the necessary measures to ensure that they have access to effective, affordable, timely efficient and impartial dispute resolution guaranteeing anti- discrimination principles and a right to redress, including to adequate compensation, as well as effective protection from any form of detriment in case they decide to exercise
Amendment 355 #
Proposal for a directive Recital 26 (26) Workers and their representatives and trade union members should be in a position to exercise their right of defence when their rights relating to established minimum wage protection are violated. In order to prevent that workers are deprived from their rights, and without prejudice to specific forms of redress and dispute resolution provided for in collective agreements, including systems of collective dispute resolution, Member States should take the necessary measures to ensure that they have access to effective and impartial dispute resolution and a right to redress, including to adequate compensation, as well as effective protection from any form of detriment in case they decide to exercise their right of defence.
Amendment 356 #
Proposal for a directive Recital 26 (26) Workers should be in a position to
Amendment 357 #
Proposal for a directive Recital 28 Amendment 358 #
Proposal for a directive Recital 28 (28) The reforms and measures adopted by the Member States to promote adequate minimum wage protection of workers
Amendment 359 #
Proposal for a directive Recital 28 (28) The reforms and measures adopted by the Member States to promote
Amendment 360 #
Proposal for a directive Recital 28 (28) The reforms and measures adopted by the Member States to promote adequate
Amendment 361 #
Proposal for a directive Recital 28 (28) The reforms and measures adopted by the Member States to promote adequate minimum wage protection of workers, while being steps in the right direction, have not been comprehensive and systematic.
Amendment 362 #
Proposal for a directive Recital 28 (28) The reforms and measures adopted by the Member States to promote adequate minimum wage protection of workers, while being steps in the right direction, have not been comprehensive and systematic. Moreover, individual countries may be little inclined to improve the adequacy and coverage of minimum wages because of the perception that this could negatively affect their external cost competitiveness. Since the objectives of this Directive cannot be sufficiently achieved by the Member States, but can rather, by reason of their scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on the European Union.
Amendment 363 #
Proposal for a directive Recital 28 (28) The reforms and measures adopted by the Member States to promote adequate minimum wage protection of workers, while being steps in the right direction, have not been comprehensive and systematic. Moreover, individual
Amendment 364 #
Proposal for a directive Recital 28 (28) The reforms and measures adopted by the Member States
Amendment 365 #
Proposal for a directive Recital 28 a (new) (28a) Without prejudice to the principle of subsidiarity, the principle of proportionality in Article 5 of the Treaty on European Union requires this Directive not to exceed what is necessary to help the Member States continue undertaking reforms and measures to promote adequate minimum wage protection of workers.
Amendment 366 #
Proposal for a directive Recital 28 a (new) (28a) There is a question mark as to how minimum wages can be set at Union level while respecting Article 153(5) TFEU on the exclusive competence of the Member States over pay.
Amendment 367 #
Proposal for a directive Recital 28 b (new) (28b) With particular regard to the principle of proportionality, the fact that the Union does not have legislative competence over the level of pay means that the Commission cannot monitor this level within Member States.
Amendment 368 #
Proposal for a directive Recital 29 (29) This Directive lays down 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
Amendment 369 #
Proposal for a directive Recital 29 (29) This Directive lays down 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 such as current minimum wages, the right to strike, the right to assemble, social protection, or leave entitlements, nor can it constitute valid grounds for reducing the general level of protection afforded to workers in the field covered by this Directive.
Amendment 370 #
Proposal for a directive Recital 29 (29) This Directive lays down 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, including, inter alia, the existing levels of statutory minimum wages, already afforded to workers in the field covered by this Directive.
Amendment 371 #
Proposal for a directive Recital 29 (29) This Directive lays down
Amendment 372 #
Proposal for a directive Recital 29 (29) This Directive lays down minimum requirements, thus leaving untouched Member States' prerogative to introduce and maintain more favourable provisions. Rights acquired under the existing national legal framework in Sweden and Denmark should continue to apply
Amendment 373 #
Proposal for a directive 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
Amendment 374 #
Proposal for a directive Recital 29 a (new) (29 a) The general level of protection afforded to workers in Austria, Denmark and Sweden is significantly higher than that provided for in this Directive. Average wage levels are among the highest in the Union and minimum wage protection is provided for effectively by collective bargaining models. It would therefore be wholly disproportionate to require Austria, Denmark and Sweden to transpose and implement this Directive.
Amendment 375 #
Proposal for a directive Recital 29 a (new) (29 a) The general level of protection afforded to workers in Denmark and Sweden is significantly higher than that provided for in this Directive. Average wage levels are among the highest in the Union and minimum wage protection is provided for effectively by collective bargaining models. It would therefore be wholly disproportionate to require Denmark and Sweden to transpose and implement this Directive.
Amendment 376 #
Proposal for a directive Recital 29 a (new) (29a) This Directive cannot create new individual obligations that fall outside the legislative competence of the Union and within the competence of the Member States, but only a framework for minimum wage setting.
Amendment 377 #
Proposal for a directive Recital 30 (30) In implementing this Directive Member States should avoid imposing additional administrative, financial and legal constraints
Amendment 378 #
Proposal for a directive Recital 30 (30) 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
Amendment 379 #
Proposal for a directive Recital 30 (30) In implementing this Directive Member States should avoid imposing unjustified 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 and to the administrative burden, and to publish the results of such assessments. If found that micro, small and medium-sized enterprises are disproportionately affected, Member States should consider introducing technical measures to support these enterprises to adjust their remuneration structures to the new requirements.
Amendment 380 #
Proposal for a directive Recital 30 (30) In implementing this Directive Member States should avoid imposing administrative, financial and legal
Amendment 381 #
Proposal for a directive Recital 30 a (new) (30a) Nothing in this Directive can be interpreted as not strictly complying with the principle of subsidiarity.
Amendment 382 #
Proposal for a directive Recital 31 Amendment 383 #
Proposal for a directive Recital 31 (31) The Technical Support Instrument
Amendment 384 #
Proposal for a directive Recital 31 (31) The Technical Support Instrument43 and the European Social Fund plus44 are available to Member States and enterprises, especially to SMEs, to develop or improve the technical aspects of minimum wage frameworks, including on assessment of adequacy, monitoring and data collection, broadening access, as well as on enforcement and on general capacity building related to the implementation of said frameworks. __________________ 43Proposal for a Regulation of the European Parliament and of the Council of 28 May 2020 on the establishment of the Technical Support Instrument, COM(2020) 409 final 44Proposal for a Regulation of the European Parliament and of the Council on the European Social Fund Plus, COM/2018/382 final.
Amendment 385 #
Proposal for a directive Recital 31 (31) The
Amendment 386 #
Proposal for a directive 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 387 #
Proposal for a directive 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 388 #
Proposal for a directive Article 1 – paragraph 1 – introductory part 1. With a view to improving working and living conditions, upward social convergence and gender equality in the Union, this Directive establishes a framework for:
Amendment 389 #
Proposal for a directive 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 390 #
Proposal for a directive 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 391 #
Proposal for a directive 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 392 #
Proposal for a directive 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 393 #
Proposal for a directive 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 394 #
Proposal for a directive 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 395 #
Proposal for a directive Article 1 – paragraph 1 – point a (a) setting adequate levels of minimum wages that provide for a decent standard of living and contribute to reducing wage inequality and the gender pay gap;
Amendment 396 #
Proposal for a directive Article 1 – paragraph 1 – point a (a) setting adequate and fair levels of minimum wages, including hourly-based minimum income, in order to ensure a decent standard of living of workers;
Amendment 397 #
Proposal for a directive Article 1 – paragraph 1 – point a a) setting adequate and fair levels of minimum wages in order to ensure a decent standard of living of workers and their families;
Amendment 398 #
Proposal for a directive Article 1 – paragraph 1 – point a (a) setting adequate levels of minimum wages in order to ensure at least a decent standard of living of workers;
Amendment 399 #
Proposal for a directive Article 1 – paragraph 1 – point a (a) setting adequate levels of statutory minimum wages;
Amendment 400 #
Proposal for a directive Article 1 – paragraph 1 – point a (a)
Amendment 401 #
Proposal for a directive Article 1 – paragraph 1 – point a (a)
Amendment 402 #
Proposal for a directive Article 1 – paragraph 1 – point a (a)
Amendment 403 #
Proposal for a directive Article 1 – paragraph 1 – point a (a)
Amendment 404 #
Proposal for a directive Article 1 – paragraph 1 – point a (a)
Amendment 405 #
Proposal for a directive Article 1 – paragraph 1 – point b (b) access of workers to minimum wage protection according to national customs and laws, in the form of wages set out by collective agreements or in the form of a statutory minimum wage where it exists.
Amendment 406 #
Proposal for a directive Article 1 – paragraph 1 – point b (b) access
Amendment 407 #
Proposal for a directive Article 1 – paragraph 1 – point b (b) access of all workers to minimum wage protection without discrimination, in the form of wages set out by collective agreements or in the form of a statutory minimum wage where it exists
Amendment 408 #
Proposal for a directive Article 1 – paragraph 1 – point b (b) access of workers to minimum wage protection, in the form of
Amendment 409 #
Proposal for a directive Article 1 – paragraph 1 – point b (b) access of workers to minimum wage protection,
Amendment 410 #
Proposal for a directive Article 1 – paragraph 1 – point b a (new) (b a) prohibiting any activity that violates the right of employees to join workers' organizations and ensuring that all employees have adequate access to information about their rights, including in formats accessible to people with various types of disabilities.
Amendment 411 #
Proposal for a directive Article 1 – paragraph 1 – point b a (new) (b a) promoting upward social convergence throughout the Union.
Amendment 412 #
Proposal for a directive Article 1 – paragraph 1 – point b a (new) (b a) promoting upward social convergence throughout the Union.
Amendment 413 #
Proposal for a directive Article 1 – paragraph 1 – subparagraph 1 This Directive shall be without prejudice to the full respect of Member States national law and legal labour market tradition and practise while ensuring the autonomy of social partners, as well as their right to negotiate and conclude collective agreements.
Amendment 414 #
Proposal for a directive 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 415 #
Proposal for a directive Article 1 – paragraph 1 a (new) 1a. This Directive shall be without prejudice to the exclusive competence of the Member States in the field of pay and the right of association.
Amendment 416 #
Proposal for a directive Article 1 – paragraph 2 2. This Directive shall be without prejudice to the choice of the Member States to set statutory minimum wages
Amendment 417 #
Proposal for a directive 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
Amendment 418 #
Proposal for a directive Article 1 – paragraph 2 a (new) 2a. The fundamental purpose of this Directive shall be to ensure that Member States establish minimum permissible levels of wages under which they shall not fall. Nothing in this Directive shall be construed as a limitation for the provision of higher levels of wages.
Amendment 419 #
Proposal for a directive Article 1 – paragraph 2 b (new) 2b. All Member States shall ensure the respect for the principle of equal pay for work of equal value.
Amendment 420 #
Proposal for a directive 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
Amendment 421 #
Proposal for a directive 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
Amendment 422 #
Proposal for a directive 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. This Directive must be applied with full respect for the freedom of association recognised in the Charter of Fundamental Rights of the European Union.
Amendment 423 #
Proposal for a directive Article 1 – paragraph 3 3. The application of this Directive shall be in full compliance with the freedom of association, as recognised in the Charter of fundamental rights of the European Union. Nothing in this Directive shall be construed as imposing an obligation on the Member States where wage setting is ensured exclusively or mainly via collective agreements to introduce a statutory minimum wage nor to make the collective agreements universally applicable.
Amendment 424 #
Proposal for a directive 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
Amendment 425 #
Proposal for a directive 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 either exclusively or in any way via collective agreements to introduce a statutory minimum wage nor to make the collective agreements universally applicable.
Amendment 426 #
Proposal for a directive 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
Amendment 427 #
Proposal for a directive 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
Amendment 428 #
Proposal for a directive Article 1 – paragraph 3 – point 1 (new) (1) Where collective bargaining rules apply to the conclusion of collective agreements, the prevailing provisions shall be those that contribute most effectively to the conduct of collective bargaining and to more favourable wage and working conditions for workers in the event of additional existing regulations.
Amendment 429 #
Proposal for a directive Article 1 – paragraph 3 a (new) 3a. Member States where there are no statuary minimum wages or systems for declaring collective agreements generally binding, 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 there is, in the view of the Member State, sufficient support for this among representative social partners at national level.
Amendment 430 #
Proposal for a directive Article 1 – paragraph 3 a (new) 3a. Nothing in this Directive shall be construed as creating rights for individuals.
Amendment 431 #
Proposal for a directive 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) 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) 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 434 #
Proposal for a directive Article 2 – paragraph 1 This Directive applies to all workers without distinction in the Union who have an employment contract or employment relationship as defined by law, collective agreements or practice in force in each Member State, with consideration to the case-law of the Court
Amendment 435 #
Proposal for a directive Article 2 – paragraph 1 This Directive applies to workers in the Union who have an employment contract or employment relationship as defined by law, collective agreements or practice in force in each Member State, with consideration to the case-law of the Court of Justice of the European Union. This Directive does not apply to seafarers where minimum wages is established in accordance to the ILO Maritime Labour Convention 2006.
Amendment 436 #
Proposal for a directive Article 2 – paragraph 1 This Directive applies to all workers in the Union, regardless of their production sector, who have an employment contract or employment relationship as defined by law, collective agreements or practice in force in each Member State, with consideration to the case-law of the Court
Amendment 437 #
Proposal for a directive Article 2 – paragraph 1 This Directive applies to workers in the Union, with the inclusion of the Overseas Countries and Territories, who have an employment contract or employment relationship as defined by law, collective agreements or practice in force in each Member State, with consideration to the case-law of the Court of Justice of the European Union.
Amendment 438 #
Proposal for a directive Article 2 – paragraph 1 This Directive applies to workers in the Union who have an employment contract or employment relationship as defined by law, collective agreements or practice in force in each Member State
Amendment 439 #
Proposal for a directive Article 2 – paragraph 1 This Directive applies to workers in the Union, including apprentices, trainees and interns, who have an employment contract or employment relationship as defined by law, collective agreements or practice in force in each Member State, with consideration to the case-law of the Court of Justice of the European Union.
Amendment 440 #
Proposal for a directive Article 2 – paragraph 1 This Directive applies to workers in the Union who have an employment contract or employment relationship as defined by
Amendment 441 #
Proposal for a directive Article 2 – paragraph 1 This Directive applies to workers in the Union who have an employment contract or employment relationship as defined by law, collective agreements or practice in force in each Member State,
Amendment 442 #
Proposal for a directive Article 2 – paragraph 1 a (new) Member States may decide not to apply this Directive to small and medium-sized enterprises (SMEs) within their countries or if the Directive could cause serious damage to the country's own conditions of well-functioning employment and labour market systems.
Amendment 443 #
Proposal for a directive Article 2 – paragraph 1 a (new) This Directive is without prejudice to the national and international provisions and agreements on seafarers.
Amendment 444 #
Proposal for a directive Article 3 Amendment 445 #
Proposal for a directive Article 3 – paragraph 1 – introductory part For the purposes of this Directive, the following definitions apply while respecting Member States national law and legal labour market practice:
Amendment 446 #
Proposal for a directive Article 3 – paragraph 1 – introductory part For the purposes of this Directive, the following definitions apply, while respecting national law and practise:
Amendment 447 #
Proposal for a directive Article 3 – paragraph 1 – point 1 1) ‘minimum wage’ means the minimum remuneration that an employer is required to pay to workers for the work performed during a given period, calculated on the basis of time
Amendment 448 #
Proposal for a directive Article 3 – paragraph 1 – point 1 (1) ‘minimum wage’ means the minimum remuneration that an employer (whether private or public) is required to pay to workers for the work performed during a given period, calculated on the basis of time or output;
Amendment 449 #
Proposal for a directive Article 3 – paragraph 1 – point 1 (1) ‘minimum wage’ means the minimum remuneration that a
Amendment 450 #
Proposal for a directive Article 3 – paragraph 1 – point 1 (1) ‘minimum wage’ means the minimum remuneration that an employer is required to pay to workers for the work performed during a given period, calculated on the basis of time
Amendment 451 #
Proposal for a directive 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 452 #
Proposal for a directive 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 453 #
Proposal for a directive Article 3 – paragraph 1 – point 2 (2) ‘statutory minimum wage’ means a minimum wage set by law, or other binding legal provisions, that are not the conclusions of prior collective bargaining;
Amendment 454 #
Proposal for a directive Article 3 – paragraph 1 – point 3 (3) ‘collective bargaining’ means all negotiations which take place between an employer,
Amendment 455 #
Proposal for a directive Article 3 – paragraph 1 – point 3 (3) ‘collective bargaining’ means all negotiations which take place in accordance to Member States national law and legal labour market practice: between an employer, a group of employers or one or more employers’ organisations, on the one hand, and one or more workers’ organisations, 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 organisations;
Amendment 456 #
Proposal for a directive Article 3 – paragraph 1 – point 3 (3) ‘collective bargaining’ means all
Amendment 457 #
Proposal for a directive Article 3 – paragraph 1 – point 3 (3) ‘collective bargaining’ means all negotiations which take place in accordance with national law and practices between an employer, a group of employers or one or more employers’ organisations, on the one hand, and
Amendment 458 #
Proposal for a directive Article 3 – paragraph 1 – point 3 (3) ‘collective bargaining’
Amendment 459 #
Proposal for a directive 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
Amendment 460 #
Proposal for a directive Article 3 – paragraph 1 – point 3 (3) ‘collective bargaining’ means all negotiations which take place in accordance with national law and practice between an employer, a group of employers or one or more employers’ organisations, on the one hand, and
Amendment 461 #
Proposal for a directive Article 3 – paragraph 1 – point 3 3) ‘collective bargaining’ means all negotiations which take place exclusively between an employer, a group of employers or one or more of the most representative employers’ organisations, on the one hand, and one or more
Amendment 462 #
Proposal for a directive 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
Amendment 463 #
Proposal for a directive 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
Amendment 464 #
Proposal for a directive 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
Amendment 465 #
Proposal for a directive 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
Amendment 466 #
Proposal for a directive Article 3 – paragraph 1 – point 4 (4) ‘collective agreement’ means all agreements in each Member State in accordance with their national laws and practices in writing regarding working conditions and terms of employment concluded by the social partners as an outcome of collective bargaining;
Amendment 467 #
Proposal for a directive Article 3 – paragraph 1 – point 4 (4) ‘collective agreement’
Amendment 468 #
Proposal for a directive Article 3 – paragraph 1 – point 4 (4) ‘collective agreement’ means all agreements in
Amendment 469 #
Proposal for a directive Article 3 – paragraph 1 – point 4 (4) ‘collective agreement’ means all agreements in writing regarding working conditions and terms of employment concluded by the social partners as an outcome of collective bargaining, taking into account the rules on employment and remuneration;
Amendment 470 #
Proposal for a directive Article 3 – paragraph 1 – point 4 (4) ‘collective agreement’ means all agreements in writing regarding wages, working conditions and terms of employment concluded
Amendment 471 #
Proposal for a directive 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 472 #
Proposal for a directive Article 3 – paragraph 1 – point 4 4) ‘collective agreement’ means all
Amendment 473 #
Proposal for a directive Article 3 – paragraph 1 – point 4 (4) ‘collective agreement’ means all agreements in writing regarding working conditions and terms of employment
Amendment 474 #
Proposal for a directive Article 3 – paragraph 1 – point 5 Amendment 475 #
Proposal for a directive Article 3 – paragraph 1 – point 5 (5) ‘collective bargaining coverage’ means the share of workers at national level to whom a collective agreement applies; when calculating the collective bargaining coverage, Member States should take into account both direct and indirect collective bargaining coverage, where indirect collective bargaining coverage is provided, for example, by companies oriented towards sectoral collective agreements.
Amendment 476 #
Proposal for a directive Article 3 – paragraph 1 – point 5 5) ‘collective bargaining coverage’ means the share of workers at national level to whom a collective agreement applies, signed by the most representative employers’ and trade union organisations and governing remuneration;
Amendment 477 #
Proposal for a directive Article 3 – paragraph 1 – point 5 (5) ‘collective bargaining coverage’ means the share of workers at national level to whom a collective agreement, regulating wages or working conditions in particular, applies;
Amendment 478 #
Proposal for a directive Article 3 – paragraph 1 – point 5 (5) ‘collective bargaining coverage’ means the share of workers
Amendment 479 #
Proposal for a directive Article 3 – paragraph 1 – point 5 (5) ‘collective bargaining coverage’ means the share of workers at national level to whom a collective agreement on remuneration applies;
Amendment 480 #
Proposal for a directive Article 3 – paragraph 1 – point 5 a (new) (5 a) "decent standard of living" means minimum wages that are adequate to provide for the needs of workers and their families and support the transition to a sustainable, climate-neutral, and resource-efficient economy and consumption pattern, such needs include but are not limited to, costs of adequate housing, healthy food, clothing, transport, health care and medical supplies as well as resources necessary to participate in cultural, educational and social activities and insurance against unforeseen circumstances;
Amendment 481 #
Proposal for a directive Article 3 – paragraph 1 – point 5 b (new) (5 b) ‘Worker’ means a natural person who provides work or services in a predominantly personal capacity and is not genuinely operating a business undertaking on his or her own account.
Amendment 482 #
Proposal for a directive Article 4 – title Amendment 483 #
Proposal for a directive Article 4 – paragraph 1 – introductory part 1. With the aim to increase
Amendment 484 #
Proposal for a directive Article 4 – paragraph 1 – introductory part 1.
Amendment 485 #
Proposal for a directive 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 486 #
Proposal for a directive Article 4 – paragraph 1 – introductory part 1. With the aim
Amendment 487 #
Proposal for a directive Article 4 – paragraph 1 – introductory part 1. With the aim to increase the collective bargaining coverage Member States shall take, in consultation with the social partners, and, where applicable, representative organisations of the most vulnerable groups, such as persons with disabilities, at least the following measures:
Amendment 488 #
Proposal for a directive Article 4 – paragraph 1 – introductory part 1. With the aim to increase the collective bargaining coverage Member States that set minimum wages only through collective agreements shall take, in consultation with the social partners and in accordance with national laws and practices, at least the following measures:
Amendment 489 #
Proposal for a directive Article 4 – paragraph 1 – introductory part 1. With the aim
Amendment 490 #
Proposal for a directive Article 4 – paragraph 1 – introductory part 1. With the aim to increase the collective bargaining coverage Member States shall take, in accordance with their national law and practices, and in consultation with the social partners, at least the following measures:
Amendment 491 #
Proposal for a directive Article 4 – paragraph 1 – introductory part 1. With the aim to increase the collective bargaining coverage Member States shall take, in consultation with the social partners, and in accordance with national law and practices, at least the following measures:
Amendment 492 #
Proposal for a directive Article 4 – paragraph 1 – introductory part 1. With the aim
Amendment 493 #
Proposal for a directive Article 4 – paragraph 1 – introductory part 1. With the aim to promote the right to collective bargaining and increase the collective bargaining coverage Member States shall take, in consultation with the social partners, at least the following
Amendment 494 #
Proposal for a directive Article 4 – paragraph 1 – introductory part 1. With the aim to
Amendment 495 #
Proposal for a directive Article 4 – paragraph 1 – introductory part 1. With the aim to increase the collective bargaining coverage Member States
Amendment 496 #
Proposal for a directive Article 4 – paragraph 1 – point a Amendment 497 #
Proposal for a directive Article 4 – paragraph 1 – point a (a) promote the
Amendment 498 #
Proposal for a directive Article 4 – paragraph 1 – point a (a) promote the building and further strengthening of the capacity of the social partners to engage in collective bargaining on wage setting at sector or cross-industry level, including the technology-based new labour market;
Amendment 499 #
Proposal for a directive Article 4 – paragraph 1 – point a (a) where it is the national law or practice, promote the building and strengthening of the capacity of the social partners to engage in collective bargaining on wage setting at sector or cross-industry level;
Amendment 500 #
Proposal for a directive Article 4 – paragraph 1 – point a (a)
Amendment 501 #
Proposal for a directive Article 4 – paragraph 1 – point a (a)
Amendment 502 #
Proposal for a directive Article 4 – paragraph 1 – point a (a) promote the building and strengthening of the capacity of the social partners to engage in collective bargaining on wage setting, in particular, at sector or cross-industry level;
Amendment 503 #
Proposal for a directive Article 4 – paragraph 1 – point b Amendment 504 #
Proposal for a directive Article 4 – paragraph 1 – point b (b) encourage constructive, meaningful and informed negotiations on wages a
Amendment 505 #
Proposal for a directive Article 4 – paragraph 1 – point b (b) encourage constructive, meaningful and informed negotiations on wages among social partners
Amendment 506 #
Proposal for a directive Article 4 – paragraph 1 – point b (b) encourage constructive, meaningful and informed negotiations on wages
Amendment 507 #
Proposal for a directive Article 4 – paragraph 1 – point b a (new) (b a) provide for an enabling environment for collective bargaining, including by guaranteeing the right of workers to organise without interference by employers, the effective protection against discriminatory acts and effective access to information and facilities within workplaces.
Amendment 508 #
Proposal for a directive Article 4 – paragraph 1 – point b a (new) (b a) promote, including through new legislation, new forms of workers’ associations, ensuring the right to collective bargaining expands to all forms of non-standard work and reflects the social, economic and labour market realities of the digital age.
Amendment 509 #
Proposal for a directive Article 4 – paragraph 1 – point b a (new) (b a) prohibit all acts which undermine the right or prevent workers from joining a trade union, and ensure proper access for all workers to the necessary information about their rights;
Amendment 510 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 1 (new) Member States, where appropriate, shall consult organisations representing the rights of workers with limited bargaining power, such as disabled persons.
Amendment 511 #
Proposal for a directive Article 4 – paragraph 1 – point b a (new) (ba) ensure observance of sectoral collective agreements that apply throughout the subcontracting chains.
Amendment 512 #
Proposal for a directive Article 4 – paragraph 1 – point b b (new) (bb) ensure that companies provide trade union representatives with appropriate information and facilities, in order to enable them to carry out their functions promptly and efficiently, taking into account the size and capability of the companies concerned;
Amendment 513 #
Proposal for a directive Article 4 – paragraph 1 – point b b (new) (bb) guarantee, that new forms of workers’ associations have the right to effectively take part in social dialogue and collective barging, including via online based worker's platforms for representation and negotiation
Amendment 514 #
Proposal for a directive Article 4 – paragraph 1 – point b c (new) (bc) ensure the right of trade unions to access the workplace, including by digital means, and to meet workers individually or collectively, including at the workplace;
Amendment 515 #
Proposal for a directive Article 4 – paragraph 1 – point b d (new) (bd) prohibit all acts which undermine the rights of trade unions recognised by international, European and national law and practices, especially of association and collective bargaining;
Amendment 516 #
Proposal for a directive Article 4 – paragraph 1 a (new) 1a. With a view to ensure transparency and effective implementation, collective agreements shall be made available to those employers and workers, they are applicable to.
Amendment 517 #
Proposal for a directive Article 4 – paragraph 2 Amendment 518 #
Proposal for a directive Article 4 – paragraph 2 Amendment 519 #
Proposal for a directive Article 4 – paragraph 2 Amendment 520 #
Proposal for a directive Article 4 – paragraph 2 Amendment 521 #
Proposal for a directive Article 4 – paragraph 2 2. Member States
Amendment 522 #
Proposal for a directive Article 4 – paragraph 2 Amendment 523 #
Proposal for a directive 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 a framework of enabling conditions for promoting and increasing collective bargaining coverage, either by law after consultation of the social partners or by agreement with them
Amendment 524 #
Proposal for a directive Article 4 – paragraph 2 2. Member States where collective bargaining coverage is less than
Amendment 525 #
Proposal for a directive 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
Amendment 526 #
Proposal for a directive Article 4 – paragraph 2 2. Member States where collective bargaining coverage is less than
Amendment 527 #
Proposal for a directive Article 4 – paragraph 2 2. Member States where collective bargaining coverage is less than 70% of the workers
Amendment 528 #
Proposal for a directive Article 4 – paragraph 2 2. Member States where collective bargaining coverage is less than
Amendment 529 #
Proposal for a directive Article 4 – paragraph 2 2. Member States where collective bargaining coverage is less than 70% of the workers
Amendment 530 #
Proposal for a directive Article 4 – paragraph 2 2. Member States
Amendment 531 #
Proposal for a directive Article 4 – paragraph 2 2. Member States where collective bargaining coverage is less than 70% of the workers defined within the meaning of |