En En Amendments 80

Home , Arba Kokalari, Daniel Buda, David Lega, Dennis Radtke, European Social Charter, Guido Reil

European Parliament 2019-2024

Committee on Employment and Social Affairs

2020/0310(COD)

18.5.2021

AMENDMENTS 80 - 918

Draft report Dennis Radtke, Agnes Jongerius (PE689.873v02-00)

Adequate minimum wages in the European Union

Proposal for a directive (COM(2020)0682 – C9-0337/2020 – 2020/0310(COD))

AM\1231713EN.docx PE692.765v02-00

EN United in diversityEN AM_Com_LegReport

PE692.765v02-00 2/443 AM\1231713EN.docx EN Amendment 80 Johan Danielsson, Heléne Fritzon

Proposal for a directive –

Proposal for a rejection

The European Parliament rejects [the Commission proposal].

Or. en

Amendment 81 Jessica Polfjärd, Sara Skyttedal, Tomas Tobé, Arba Kokalari, Jörgen Warborn, David Lega, Markus Ferber

Proposal for a directive –

Proposal for a rejection

— The European Parliament rejects [the Commission proposal].

Or. en

Amendment 82 Nikolaj Villumsen, Malin Björk, Marianne Vind

Proposal for a directive –

Proposal for a rejection

The European Parliament rejects [the Commission proposal].

Or. en

Justification

TFEU 153(5) states that the EU has no competence, when it comes to pay: "The provisions of this Article shall not apply to pay […]". Therefore, the proposal for a Directive on Minimum wages is contrary to the Treaty provisions, and cannot be accepted. In addition, this Directive

AM\1231713EN.docx 3/443 PE692.765v02-00 EN threatens the Danish and Swedish labour market models, which have proven to be successful in ensuring increases in real wages and in protecting workers rights. Finally, we do not believe that EU legislation on minimum wages will solve the problems with much too low wage levels in the EU

Amendment 83 Sandra Pereira

Proposal for a directive Title 1 a (new)

Text proposed by the Commission Amendment

The European Parliament rejects the Commission proposal.

Or. pt

Justification

The European Commission proposal establishes criteria that may limit or prevent wage rises. Furthermore, as wage setting policies are the exclusive competence of the Member States, the European Commission proposal impinges on this competence.

Amendment 84 Nicolaus Fest, Guido Reil

Draft legislative resolution –

Draft legislative resolution Amendment

The European Parliament rejects [the Commission proposal].

Or. en

Amendment 85 Margarita de la Pisa Carrión

Draft legislative resolution Citation 2 a (new)

PE692.765v02-00 4/443 AM\1231713EN.docx EN Draft legislative resolution Amendment

— Having regard to Article 152(1)(f) of the Treaty on the Functioning of the European Union,

Or. es

Amendment 86 Margarita de la Pisa Carrión

Draft legislative resolution Citation 2 b (new)

Draft legislative resolution Amendment

— Having regard to Article 153(5) of the Treaty on the Functioning of the European Union,

Or. es

Amendment 87 Margarita de la Pisa Carrión

Draft legislative resolution Citation 3 a (new)

Draft legislative resolution Amendment

— Having regard to the case-law of the Court of Justice of the European Union, and in particular Joined Cases C- 395/08 and C-396/08,

Or. es

Amendment 88 Johan Danielsson, Heléne Fritzon, Marianne Vind

Proposal for a directive Title 1

AM\1231713EN.docx 5/443 PE692.765v02-00 EN Text proposed by the Commission Amendment

Proposal for a Proposal for a DIRECTIVE OF THE EUROPEAN DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL PARLIAMENT AND OF THE COUNCIL on adequate minimum wages in the on a framework for the promotion of European Union adequate minimum wages in the European Union

Or. en

Amendment 89 Gheorghe Falcă, Eugen Tomac, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu Winkler, Daniel Buda, Vasile Blaga, Siegfried Mureşan, Ioan-Rareş Bogdan, Loránt Vincze, Cristian-Silviu Buşoi

Proposal for a directive Title 1

Text proposed by the Commission Amendment

Proposal for a Proposal for a DIRECTIVE OF THE EUROPEAN DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL PARLIAMENT AND OF THE COUNCIL on adequate minimum wages in the on a framework for promoting levels of European Union minimum wages in the European Union

Or. en

Amendment 90 Sara Skyttedal, Jessica Polfjärd, David Lega, Tomas Tobé, Arba Kokalari, Jörgen Warborn

Proposal for a directive Title 1

Text proposed by the Commission Amendment

Proposal for a Proposal for a DIRECTIVE OF THE EUROPEAN DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL PARLIAMENT AND OF THE COUNCIL

PE692.765v02-00 6/443 AM\1231713EN.docx EN on adequate minimum wages in the on a framework for adequate minimum European Union wages in the European Union

Or. en

Amendment 91 Peter Lundgren

Proposal for a directive Title 1

Text proposed by the Commission Amendment

Proposal for a Proposal for a DIRECTIVE OF THE EUROPEAN DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL PARLIAMENT AND OF THE COUNCIL on adequate minimum wages in the on recommended adequate minimum European Union wages in the European Union

Or. en

Amendment 92 Margarita de la Pisa Carrión

Proposal for a directive Citation 1

Text proposed by the Commission Amendment

Having regard to the Treaty on the Having regard to the Treaty on the Functioning of the European Union, and in Functioning of the European Union, and in particular Article 153(2), in conjunction particular Article 153(2), in conjunction with point (b) of Article 153(1) thereof, with points (b) and (f) of Article 153(1) and Article 153(5) thereof,

Or. es

Amendment 93 Mounir Satouri on behalf of the Greens/EFA Group

AM\1231713EN.docx 7/443 PE692.765v02-00 EN Proposal for a directive Citation 4 a (new)

Text proposed by the Commission Amendment

Having regard to Article 4 of the European Social Charter,

Or. en

Amendment 94 Peter Lundgren

Proposal for a directive Recital 1

Text proposed by the Commission Amendment

(1) Pursuant to Article 3 of the Treaty deleted on European Union, the aims of the Union are, inter alia, to promote the well- being of its peoples and to work for the sustainable development of Europe based on a highly competitive social market economy.

Or. en

Amendment 95 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Recital 1

Text proposed by the Commission Amendment

(1) Pursuant to Article 3 of the Treaty (1) Pursuant to Article 3 of the Treaty on European Union, the aims of the Union on European Union, the aims of the Union are, inter alia, to promote the well-being of are, inter alia, to promote equality and its peoples and to work for the sustainable social justice, the well-being of its peoples development of Europe based on a highly and to work for the sustainable competitive social market economy. development of Europe based on solidarity and a highly competitive social market economy aiming at full employment and

PE692.765v02-00 8/443 AM\1231713EN.docx EN social progress, and high level of protection and improvement of the quality of the environment. Pursuant to Article 9, the Union shall take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion.

Or. en

Amendment 96 Monica Semedo, Atidzhe Alieva-Veli, Marie-Pierre Vedrenne, Jordi Cañas, Ilana Cicurel, Samira Rafaela, Véronique Trillet-Lenoir, Stéphane Bijoux, Dragoș Pîslaru, Sylvie Brunet

Proposal for a directive Recital 1

Text proposed by the Commission Amendment

(1) Pursuant to Article 3 of the Treaty (1) Pursuant to Article 3 of the Treaty on European Union, the aims of the Union on European Union, the aims of the Union are, inter alia, to promote the well-being of are, inter alia, to promote the well-being of its peoples and to work for the sustainable its peoples and to work for the sustainable development of Europe based on a highly development of Europe based on a highly competitive social market economy. competitive social market economy aiming at full employment and social progress.

Or. en

Amendment 97 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Recital 1

Text proposed by the Commission Amendment

(1) Pursuant to Article 3 of the Treaty (1) Pursuant to Article 3 of the Treaty on European Union, the aims of the Union on European Union, the aims of the Union are, inter alia, to promote the well-being of are, inter alia, to promote the well-being of its peoples and to work for the sustainable its peoples and to work for the sustainable development of Europe based on a highly development of Europe based on a social

AM\1231713EN.docx 9/443 PE692.765v02-00 EN competitive social market economy. market economy.

Or. en

Amendment 98 Cindy Franssen

Proposal for a directive Recital 1 a (new)

Text proposed by the Commission Amendment

(1 a) Belgium has a strong tradition in collective bargaining with a coverage of 96%, which is one of the highest in the EU. The minimum wage in Belgium is not fixed by the law. It is fixed on the national level by collective agreements concluded by the National Labour Council. Therefore, Belgium should not be included in the group of Member States with statutory minimum wages.

Or. en

Amendment 99 Anna Zalewska, Beata Szydło, Elżbieta Rafalska

Proposal for a directive Recital 1 a (new)

Text proposed by the Commission Amendment

(1a) Pursuant to Article 153 of the Treaty on the Functioning of the European Union, the European Union supports and complements the activities of Member States in the field of working conditions, but this does not apply to remuneration. Minimum wage setting should therefore be carried out by the Member States.

Or. pl

PE692.765v02-00 10/443 AM\1231713EN.docx EN Amendment 100 Margarita de la Pisa Carrión

Proposal for a directive Recital 1 a (new)

Text proposed by the Commission Amendment

(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.

Or. es

Amendment 101 Peter Lundgren

Proposal for a directive Recital 1 a (new)

Text proposed by the Commission Amendment

(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.

Or. en

Amendment 102 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Recital 1 a (new)

AM\1231713EN.docx 11/443 PE692.765v02-00 EN Text proposed by the Commission Amendment

(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.

Or. en

Amendment 103 Nicolaus Fest, Guido Reil

Proposal for a directive Recital 1 a (new)

Text proposed by the Commission Amendment

(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;

Or. en

Amendment 104 Margarita de la Pisa Carrión

Proposal for a directive Recital 1 b (new)

Text proposed by the Commission Amendment

(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.

PE692.765v02-00 12/443 AM\1231713EN.docx EN This competence requires unanimity in the Council.

Or. es

Amendment 105 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Recital 1 b (new)

Text proposed by the Commission Amendment

(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.

Or. en

Amendment 106 Margarita de la Pisa Carrión

Proposal for a directive Recital 1 c (new)

Text proposed by the Commission Amendment

(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.

Or. es

AM\1231713EN.docx 13/443 PE692.765v02-00 EN Amendment 107 Margarita de la Pisa Carrión

Proposal for a directive Recital 1 d (new)

Text proposed by the Commission Amendment

(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.

Or. es

Amendment 108 Margarita de la Pisa Carrión

Proposal for a directive Recital 1 e (new)

Text proposed by the Commission Amendment

(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.

Or. es

Amendment 109 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Recital 2

PE692.765v02-00 14/443 AM\1231713EN.docx EN Text proposed by the Commission Amendment

(2) Article 31 of the Charter of (2) Article 21 of the Charter of Fundamental Rights of the European Fundamental Rights of the European Union Union36 provides for the right of every provides for the right to non- worker to working conditions which discrimination on the basis of sex, race, respect his or her health, safety and dignity. colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation. Article 23 provides for the right to equality between women and men in all areas, including employment, work and pay. Article 27 provides worker’s right to information and consultation. Article 28 provides for the right of workers and employers, or their respective organisations, to negotiate and conclude collective agreements at the appropriate levels. Article 31 provides for the right of every worker to working conditions which respect his or her health, safety and dignity. ______36 Charter of Fundamental Rights of the 36 Charter of Fundamental Rights of the European Union, 2012/C 326/02 OJEU European Union, 2012/C 326/02 OJEU C326/391 of 26.10.2012. C326/391 of 26.10.2012.

Or. en

Amendment 110 Monica Semedo, Atidzhe Alieva-Veli, Abir Al-Sahlani, Jordi Cañas, Marie-Pierre Vedrenne, Samira Rafaela, Dragoș Pîslaru, Stéphane Bijoux, Véronique Trillet-Lenoir, Ilana Cicurel, Sylvie Brunet

Proposal for a directive Recital 2

Text proposed by the Commission Amendment

(2) Article 31 of the Charter of (2) Article 28 of the Charter of Fundamental Rights of the European Fundamental Rights of the European Union36 provides for the right of every Union36 provides for the right of workers worker to working conditions which and employers, or their respective respect his or her health, safety and dignity. organisations, in accordance with Union

AM\1231713EN.docx 15/443 PE692.765v02-00 EN 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 Union37 provides for the right of every worker to working conditions which respect his or her health, safety and dignity. ______36 Charter of Fundamental Rights of the 36 Charter of Fundamental Rights of the European Union, 2012/C 326/02 OJEU European Union, 2012/C 326/02 OJEU C326/391 of 26.10.2012. C326/391 of 26.10.2012. 37 Charter of Fundamental Rights of the European Union, 2012/C 326/02 OJEU C326/391 of 26.10.2012.

Or. en

Amendment 111 Margarita de la Pisa Carrión

Proposal for a directive Recital 2 a (new)

Text proposed by the Commission Amendment

(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.

Or. es

Amendment 112 Mounir Satouri

PE692.765v02-00 16/443 AM\1231713EN.docx EN on behalf of the Greens/EFA Group

Proposal for a directive Recital 3

Text proposed by the Commission Amendment

(3) The European Social Charter (3) The European Social Charter establishes that all workers have the right establishes that all workers have the right to just conditions of work. It recognises the to just conditions of work. It recognises the right of all workers to a fair remuneration right of all workers, including young sufficient for a decent standard of living for people and domestic workers and carers, themselves and their families. Article 4 of to a remuneration sufficient for a decent the Charter recognises the role of freely standard of living for themselves and their concluded collective agreements as well as families. Article 4 of the Charter of statutory minimum wage setting recognises the role of freely concluded mechanisms, to ensure the effective collective agreements as well as of exercise of this right. statutory minimum wage setting mechanisms, to ensure the effective exercise of this right and the right to a remuneration that provides them and their families a decent standard of living. It recognises the right of men and women workers to equal pay for work of equal value and the right to a remuneration which gives the worker and their families a decent standard of living. Article 7 recognises the right of young workers to a fair wage.

Or. en

Amendment 113 Monica Semedo, Atidzhe Alieva-Veli, Jordi Cañas, Marie-Pierre Vedrenne, Ilana Cicurel, Samira Rafaela, Véronique Trillet-Lenoir, Stéphane Bijoux, Dragoș Pîslaru, Sylvie Brunet

Proposal for a directive Recital 3

Text proposed by the Commission Amendment

(3) The European Social Charter (3) Article 2 of the European Social establishes that all workers have the right Charter establishes that all workers have to just conditions of work. It recognises the the right to just conditions of work. Article right of all workers to a fair remuneration 4 recognises the right of all workers to a sufficient for a decent standard of living for fair remuneration sufficient for a decent

AM\1231713EN.docx 17/443 PE692.765v02-00 EN themselves and their families. Article 4 of standard of living for themselves and their the Charter recognises the role of freely families and the role of freely concluded concluded collective agreements as well as collective agreements as well as of of statutory minimum wage setting statutory minimum wage setting mechanisms, to ensure the effective mechanisms, to ensure the effective exercise of this right. exercise of this right. Article 5 recognises the right of workers and employers to form local, national or international organisations for the protection of their economic and social interests and to join those organisations. Article 6 recognises the right to bargain collectively.

Or. en

Amendment 114 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Recital 3

Text proposed by the Commission Amendment

(3) The European Social Charter (3) The European Social Charter establishes that all workers have the right establishes that all workers have the right to just conditions of work. It recognises the to just conditions of work. It recognises the right of all workers to a fair remuneration right of all workers to a fair remuneration sufficient for a decent standard of living for sufficient for a decent standard of living for themselves and their families. Article 4 of themselves and their families. Article 4 of the Charter recognises the role of freely the Charter recognises the role of freely concluded collective agreements as well as concluded collective agreements as well as of statutory minimum wage setting of statutory minimum wage setting mechanisms, to ensure the effective mechanisms, to ensure the effective exercise of this right. 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.

Or. en

Amendment 115 Margarita de la Pisa Carrión

PE692.765v02-00 18/443 AM\1231713EN.docx EN Proposal for a directive Recital 3

Text proposed by the Commission Amendment

(3) The European Social Charter (3) The European Social Charter establishes that all workers have the right establishes that all workers have the right to just conditions of work. It recognises the to just conditions of work. It recognises the right of all workers to a fair remuneration right of all workers to a fair remuneration sufficient for a decent standard of living for sufficient for a decent standard of living for themselves and their families. Article 4 of themselves and their families. Article 4 of the Charter recognises the role of freely the Charter recognises the role of freely concluded collective agreements as well as concluded collective agreements as well as of statutory minimum wage setting of statutory wage setting mechanisms, or mechanisms, to ensure the effective of any other means appropriate to exercise of this right. national conditions, to ensure the effective exercise of this right.

Or. es

Amendment 116 Vilija Blinkevičiūtė

Proposal for a directive Recital 3

Text proposed by the Commission Amendment

(3) The European Social Charter (3) The European Social Charter establishes that all workers have the right establishes that all workers have the right to just conditions of work. It recognises the to decent work and just conditions of right of all workers to a fair remuneration work. It recognises the right of all workers sufficient for a decent standard of living for to a fair and adequate remuneration themselves and their families. Article 4 of sufficient for a decent standard of living for the Charter recognises the role of freely themselves and their families. Article 4 of concluded collective agreements as well as the Charter recognises the role of freely of statutory minimum wage setting concluded collective agreements as well as mechanisms, to ensure the effective of statutory minimum wage setting exercise of this right. mechanisms, to ensure the effective exercise of this right.

Or. lt

Amendment 117 Peter Lundgren

AM\1231713EN.docx 19/443 PE692.765v02-00 EN Proposal for a directive Recital 4

Text proposed by the Commission Amendment

(4) Chapter II of the European Pillar deleted 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 and respecting the autonomy of the social partners.

Or. en

Amendment 118 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Recital 4

Text proposed by the Commission Amendment

PE692.765v02-00 20/443 AM\1231713EN.docx EN living. It also provides that adequate and conditions of employment and career minimum wages shall be ensured, in a way progression between man and women and that provides for the satisfaction of the regardless of racial or ethnic origin, needs of the worker and his/her family in religion or belief, disability, age or sexual the light of national economic and social orientation. Principle No 6 of the conditions, whilst safeguarding access to European Pillar of Social Rights reaffirms employment and incentives to seek work. the workers’ right to fair wages that Furthermore, it recalls that in-work poverty provide for a decent standard of living. It shall be prevented and that all wages shall also provides that adequate minimum be set in a transparent and predictable way wages shall be ensured, in a way that and respecting the autonomy of the social provides for the satisfaction of the needs of partners. the worker and his/her family in the light of national economic and social conditions, whilst safeguarding access to employment. Furthermore, it recalls that in-work poverty shall be prevented and that all wages shall be set in a transparent and predictable way and respecting the autonomy of the social partners. Principle No 8 ensures the consultation of the social partners on the design and implementation of economic, employment and social policies.

Or. en

Amendment 119 Margarita de la Pisa Carrión

Proposal for a directive Recital 4

Text proposed by the Commission Amendment

(4) Chapter II of the European Pillar of (4) Chapter II of the European Pillar of Social Rights, proclaimed at Gothenburg Social Rights, proclaimed at Gothenburg on 17 November 2017, establishes a set of on 17 November 2017, establishes a set of principles to serve as a guide towards principles to serve as a guide towards ensuring fair working conditions. Principle ensuring fair working conditions. Principle No 6 of the European Pillar of Social No 6 of the European Pillar of Social Rights reaffirms the workers’ right to fair Rights reaffirms the workers’ right to fair wages that provide for a decent standard of wages that provide for a decent standard of living. It also provides that adequate living. It also provides that adequate minimum wages shall be ensured, in a way minimum wages shall be ensured, in a way that provides for the satisfaction of the that provides for the satisfaction of the needs of the worker and his/her family in needs of the worker and his/her family in the light of national economic and social the light of national economic and social conditions, whilst safeguarding access to conditions, whilst safeguarding access to

AM\1231713EN.docx 21/443 PE692.765v02-00 EN employment and incentives to seek work. employment and incentives to seek work. Furthermore, it recalls that in-work poverty Furthermore, it recalls that in-work poverty shall be prevented and that all wages shall shall be prevented and that all wages shall be set in a transparent and predictable way be set in a transparent and predictable way and respecting the autonomy of the social in accordance with national practices and partners. respecting the autonomy of the social partners.

Or. es

Amendment 120 Monica Semedo, Atidzhe Alieva-Veli, Jordi Cañas, Marie-Pierre Vedrenne, Ilana Cicurel, Véronique Trillet-Lenoir, Stéphane Bijoux, Dragoș Pîslaru, Sylvie Brunet

Proposal for a directive Recital 4

Text proposed by the Commission Amendment

Or. en

Amendment 121 Gheorghe Falcă, Eugen Tomac, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu

PE692.765v02-00 22/443 AM\1231713EN.docx EN Winkler, Daniel Buda, Vasile Blaga, Ioan-Rareş Bogdan, Loránt Vincze, Cristian-Silviu Buşoi

Proposal for a directive Recital 4

Text proposed by the Commission Amendment

(4) Chapter II of the European Pillar of (4) Chapter II of the European Pillar of Social Rights, proclaimed at Gothenburg Social Rights, proclaimed at Gothenburg on 17 November 2017, establishes a set of on 17 November 2017, establishes a set of principles to serve as a guide towards principles to serve as a guide towards ensuring fair working conditions. Principle ensuring fair working conditions. Principle No 6 of the European Pillar of Social No 6 of the European Pillar of Social Rights reaffirms the workers’ right to fair Rights reaffirms the workers’ right to fair wages that provide for a decent standard of wages that provide for a decent standard of living. It also provides that adequate living. It also provides that minimum minimum wages shall be ensured, in a way wages shall be ensured, in a way that that provides for the satisfaction of the provides for the satisfaction of the needs of needs of the worker and his/her family in the worker and his/her family in the light the light of national economic and social of national economic and social conditions, conditions, whilst safeguarding access to whilst safeguarding access to employment employment and incentives to seek work. and incentives to seek work. Furthermore, Furthermore, it recalls that in-work poverty it recalls that in-work poverty shall be shall be prevented and that all wages shall prevented and that all wages shall be set in be set in a transparent and predictable way a transparent and predictable way and and respecting the autonomy of the social respecting the autonomy of the social partners. partners.

Or. en

Amendment 122 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Recital 5

Text proposed by the Commission Amendment

AM\1231713EN.docx 23/443 PE692.765v02-00 EN 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 Member States and the social partners to ensure that all workers have adequate and fair wages by benefitting from collective agreements or adequate statutory minimum wages, and taking into account their impact on competitiveness, job creation and in-work poverty. The Annual Sustainable Growth Strategy 202138 states that Member States should adopt measures to ensure fair working conditions. In addition, the Annual Sustainable Growth Strategy 202039 recalled that in the context of growing social divides, it is important to ensure that each worker earns an adequate wage. Several Country Specific Recommendations have also been issued to some Member States in the field of minimum wages. However, individual countries may be little inclined to improve their minimum wage settings because of the perception that this could negatively affect their external cost competitiveness. ______37 Council Decision 2020/1512/EU of 13 October 2020 on guidelines for the employment policies of the Member States (OJ L 344, 19.10.2020, p. 22–28). 38 Commission Communication COM(2020) 575 final. 39 Commission Communication COM(2019) 650 final.

Or. en

Amendment 123 Peter Lundgren

Proposal for a directive Recital 5

PE692.765v02-00 24/443 AM\1231713EN.docx EN Text proposed by the Commission Amendment

(5) Guideline 5 of Council Decision deleted 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 Member States and the social partners to ensure that all workers have adequate and fair wages by benefitting from collective agreements or adequate statutory minimum wages, and taking into account their impact on competitiveness, job creation and in-work poverty. The Annual Sustainable Growth Strategy 202138 states that Member States should adopt measures to ensure fair working conditions. In addition, the Annual Sustainable Growth Strategy 202039 recalled that in the context of growing social divides, it is important to ensure that each worker earns an adequate wage. Several Country Specific Recommendations have also been issued to some Member States in the field of minimum wages. However, individual countries may be little inclined to improve their minimum wage settings because of the perception that this could negatively affect their external cost competitiveness. ______37 Council Decision 2020/1512/EU of 13 October 2020 on guidelines for the employment policies of the Member States (OJ L 344, 19.10.2020, p. 22–28). 38 Commission Communication COM(2020) 575 final. 39 Commission Communication

AM\1231713EN.docx 25/443 PE692.765v02-00 EN COM(2019) 650 final.

Or. en

Amendment 124 Sandra Pereira, José Gusmão

Proposal for a directive Recital 5

Text proposed by the Commission Amendment

(5) Guideline 5 of Council Decision (5) A general rise in wages, and 2020/1512/EU on guidelines for the especially in minimum wages, is both a employment policies of the Member necessity and a way of correcting growing States37 calls on Member States to ensure injustices and inequalities in the an effective involvement of social partners distribution of wealth between employers in wage-setting, providing for fair wages and workers, and is also fundamental for that enable a decent standard of living the economic and social development of and allowing for an adequate the Member States. 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 Member States and the social partners to ensure that all workers have adequate and fair wages by benefitting from collective agreements or adequate statutory minimum wages, and taking into account their impact on competitiveness, job creation and in-work poverty. The Annual Sustainable Growth Strategy 202138 states that Member States should adopt measures to ensure fair working conditions. In addition, the Annual Sustainable Growth Strategy 202039 recalled that in the context of growing social divides, it is important to ensure that each worker earns an adequate wage. Several Country Specific Recommendations have also been issued to some Member States in the field of minimum wages. However, individual countries may be little inclined to improve their minimum wage settings because of the perception that this could negatively

PE692.765v02-00 26/443 AM\1231713EN.docx EN affect their external cost competitiveness. ______Council Decision 2020/1512/EU of Council Decision 2020/1512/EU of 13 October 2020 on guidelines for the 13 October 2020 on guidelines for the employment policies of the Member States employment policies of the Member States (OJ L 344, 19.10.2020, p. 22–28). (OJ L 344, 19.10.2020, p. 22–28). Commission Communication COM(2020) Commission Communication COM(2020) 575 final. 575 final. Commission Communication COM(2019) Commission Communication COM(2019) 650 final. 650 final.

Or. pt

Amendment 125 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Recital 5

Text proposed by the Commission Amendment

AM\1231713EN.docx 27/443 PE692.765v02-00 EN addition, the Annual Sustainable Growth addition, the Annual Sustainable Growth Strategy 202039 recalled that in the context Strategy 202039 recalled that in the context of growing social divides, it is important to of growing social divides, it is important to ensure that each worker earns an adequate ensure that each worker earns an adequate wage. Several Country Specific wage. Several Country Specific Recommendations have also been issued to Recommendations have also been issued to some Member States in the field of some Member States in the field of minimum wages. However, individual minimum wages with the aim of countries may be little inclined to improve improving the adequacy of minimum their minimum wage settings because of wages to achieve real wage growth and the perception that this could negatively avoid the downward spiral of unhealthy affect their external cost competitiveness. labour cost competition. ______37 Council Decision 2020/1512/EU of 13 37 Council Decision 2020/1512/EU of 13 October 2020 on guidelines for the October 2020 on guidelines for the employment policies of the Member States employment policies of the Member States (OJ L 344, 19.10.2020, p. 22–28). (OJ L 344, 19.10.2020, p. 22–28). 38 Commission Communication 38 Commission Communication COM(2020) 575 final. COM(2020) 575 final. 39 Commission Communication 39 Commission Communication COM(2019) 650 final. COM(2019) 650 final.

Or. en

Amendment 126 Monica Semedo, Atidzhe Alieva-Veli, Abir Al-Sahlani, Samira Rafaela, Dragoș Pîslaru

Proposal for a directive Recital 5

Text proposed by the Commission Amendment

PE692.765v02-00 28/443 AM\1231713EN.docx EN Member States and the social partners to Member States and the social partners to ensure that all workers have adequate and ensure that all workers have adequate and fair wages by benefitting from collective fair wages by benefitting from collective agreements or adequate statutory minimum agreements or adequate statutory minimum wages, and taking into account their impact wages, and taking into account their impact on competitiveness, job creation and in- on competitiveness, job creation and in- work poverty. The Annual Sustainable work poverty. The Annual Sustainable Growth Strategy 202138 states that Member Growth Strategy 202138 states that Member States should adopt measures to ensure fair States should adopt measures to ensure fair working conditions. In addition, the working conditions. In addition, the Annual Sustainable Growth Strategy Annual Sustainable Growth Strategy 202039 recalled that in the context of 202039 recalled that in the context of growing social divides, it is important to growing social divides, it is important to ensure that each worker earns an adequate ensure that each worker earns an adequate wage. Several Country Specific wage. Several Country Specific Recommendations have also been issued to Recommendations have also been issued to some Member States in the field of some Member States in the field of minimum wages. However, individual minimum wage. countries may be little inclined to improve their minimum wage settings because of the perception that this could negatively affect their external cost competitiveness. ______37 Council Decision 2020/1512/EU of 13 37 Council Decision 2020/1512/EU of 13 October 2020 on guidelines for the October 2020 on guidelines for the employment policies of the Member States employment policies of the Member States (OJ L 344, 19.10.2020, p. 22–28). (OJ L 344, 19.10.2020, p. 22–28). 38 Commission Communication 38 Commission Communication COM(2020) 575 final. COM(2020) 575 final. 39 Commission Communication 39 Commission Communication COM(2019) 650 final. COM(2019) 650 final.

Or. en

Amendment 127 Anna Zalewska, Elżbieta Rafalska, Beata Szydło

Proposal for a directive Recital 5

Text proposed by the Commission Amendment

AM\1231713EN.docx 29/443 PE692.765v02-00 EN States37 calls on Member States to ensure States37 calls on Member States to ensure an effective involvement of social partners an effective involvement of social partners in wage-setting, providing for fair wages in wage-setting, providing for fair wages that enable a decent standard of living and that enable a decent standard of living and allowing for an adequate responsiveness of allowing for an adequate responsiveness of wages to productivity developments, with a wages to productivity developments, with a view to upward convergence. The view to upward convergence. The Guideline also calls on Member States to Guideline also calls on Member States to promote social dialogue and collective promote social dialogue and collective bargaining on wage setting. It also calls on bargaining on wage setting. It also calls on Member States and the social partners to Member States and the social partners to ensure that all workers have adequate and ensure that all workers have adequate and fair wages by benefitting from collective fair wages by benefitting from collective agreements or adequate statutory minimum agreements or adequate statutory minimum wages, and taking into account their impact wages, and taking into account their impact on competitiveness, job creation and in- on competitiveness, job creation and in- work poverty. The Annual Sustainable work poverty. The Annual Sustainable Growth Strategy 202138 states that Member Growth Strategy 202138 states that Member States should adopt measures to ensure fair States should adopt measures to ensure fair working conditions. In addition, the working conditions. In addition, the Annual Sustainable Growth Strategy Annual Sustainable Growth Strategy 202039 recalled that in the context of 202039 recalled that in the context of growing social divides, it is important to growing social divides, it is important to ensure that each worker earns an adequate ensure that each worker earns an adequate wage. Several Country Specific wage. Several Country Specific Recommendations have also been issued to Recommendations have also been issued to some Member States in the field of some Member States in the field of minimum wages. However, individual minimum wages. The Union should countries may be little inclined to improve encourage Member States to improve their their minimum wage settings because of minimum wage settings and their the perception that this could negatively amounts, taking into account the different affect their external cost competitiveness. traditions and economic conditions of the individual Member States. ______37 Council Decision 2020/1512/EU of 13 37 Council Decision 2020/1512/EU of 13 October 2020 on guidelines for the October 2020 on guidelines for the employment policies of the Member States employment policies of the Member States (OJ L 344, 19.10.2020, p. 22–28). (OJ L 344, 19.10.2020, p. 22–28). 38 Commission Communication 38 Commission Communication COM(2020) 575 final. COM(2020) 575 final. 39 Commission Communication 39 Commission Communication COM(2019) 650 final. COM(2019) 650 final.

Or. pl

PE692.765v02-00 30/443 AM\1231713EN.docx EN Amendment 128 Gheorghe Falcă, Eugen Tomac, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu Winkler, Daniel Buda, Vasile Blaga, Siegfried Mureşan, Ioan-Rareş Bogdan, Loránt Vincze, Cristian-Silviu Buşoi

Proposal for a directive Recital 5

Text proposed by the Commission Amendment

(5) Guideline 5 of Council Decision (5) Guideline 5 of Council Decision 2020/ 1512/EU on guidelines for the 2020/ 1512/EU on guidelines for the employment policies of the Member employment policies of the Member States37 calls on Member States to ensure States37 calls on Member States to ensure an effective involvement of social partners the collaboration and/or cooperation with in wage-setting, providing for fair wages the social partners in wage-setting, that enable a decent standard of living and providing for fair wages that enable a allowing for an adequate responsiveness decent standard of living and allowing for of wages to productivity developments, responsiveness of wages to productivity with a view to upward convergence. The levels and developments, with a view to Guideline also calls on Member States to upward convergence. The Guideline also promote social dialogue and collective calls on Member States to promote social bargaining on wage setting. It also calls on dialogue and collective bargaining on wage Member States and the social partners to setting. It also calls on Member States and ensure that all workers have adequate and the social partners to ensure that all fair wages by benefitting from collective workers have fair wages by benefitting agreements or adequate statutory from collective agreements or statutory minimum wages, and taking into account minimum wages, and taking into account their impact on competitiveness, job their impact on competitiveness, job creation and in-work poverty. The Annual creation and in-work poverty. The Annual Sustainable Growth Strategy 202138 states Sustainable Growth Strategy 202138 states that Member States should adopt measures that Member States should adopt measures to ensure fair working conditions. In to ensure fair working conditions. In addition, the Annual Sustainable Growth addition, the Annual Sustainable Growth Strategy 202039 recalled that in the context Strategy 202039 recalled that in the context of growing social divides, it is important to of growing social divides, it is important to ensure that each worker earns an adequate ensure that each worker earns a wage. wage. Several Country Specific Several Country Specific Recommendations have also been issued to Recommendations have also been issued to some Member States in the field of some Member States in the field of minimum wages. However, individual minimum wages. However, individual countries may be little inclined to improve countries may be little inclined to improve their minimum wage settings because of their minimum wage settings because of the perception that this could negatively the perception that this could negatively affect their external cost competitiveness. affect their external cost competitiveness. ______37 Council Decision 2020/1512/EU of 13 37 Council Decision 2020/1512/EU of 13 October 2020 on guidelines for the October 2020 on guidelines for the

AM\1231713EN.docx 31/443 PE692.765v02-00 EN employment policies of the Member States employment policies of the Member States (OJ L 344, 19.10.2020, p. 22–28). (OJ L 344, 19.10.2020, p. 22–28). 38 Commission Communication 38 Commission Communication COM(2020) 575 final. COM(2020) 575 final. 39 Commission Communication 39 Commission Communication COM(2019) 650 final. COM(2019) 650 final.

Or. en

Amendment 129 Peter Lundgren

Proposal for a directive Recital 6

Text proposed by the Commission Amendment

(6) Better working and living (6) Better working and living conditions, including through adequate conditions, are best achieved through minimum wages, benefit both workers every Member State’s own labour market and businesses in the Union and are a model and national competence. 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.

Or. en

Amendment 130 Nicolaus Fest, Guido Reil

Proposal for a directive Recital 6

Text proposed by the Commission Amendment

(6) Better working and living (6) Better working and living

PE692.765v02-00 32/443 AM\1231713EN.docx EN conditions, including through adequate conditions, including through adequate minimum wages, benefit both workers and minimum wages, benefit both workers and businesses in the Union and are a businesses in the Member States. prerequisite for achieving inclusive and Addressing the coverage and adequacy of sustainable growth. Addressing large minimum wage protection is explicitly not differences in the coverage and adequacy allowed by EU Treaty law and is, of minimum wage protection contributes therefore, not an EU competence. Wage to improving the fairness of the EU competition in the Single Market was, in labour market and promote economic, this regard, one of the aims of the Treaty social progress and upward convergence. provisions. Competition in the Single Market should be based on high social standards, innovation and productivity improvements ensuring a level playing field.

Or. en

Amendment 131 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Recital 6

Text proposed by the Commission Amendment

(6) Better working and living (6) Better working and living conditions, including through adequate conditions, through adequate minimum minimum wages, benefit both workers and wages and transparency, benefit workers, businesses in the Union and are a the society and the economy in the Union prerequisite for achieving inclusive and and are a prerequisite for achieving social sustainable growth. Addressing large justice, equality and guaranteeing the differences in the coverage and adequacy well-being of the public as well as of minimum wage protection contributes to inclusive and sustainable growth. improving the fairness of the EU labour Addressing large differences in the market and promote economic, social coverage and adequacy of minimum wage progress and upward convergence. protection contributes to a level playing Competition in the Single Market should field, to improving the fairness of the EU be based on high social standards, labour market and to promoting economic, innovation and productivity improvements social progress and upward convergence. ensuring a level playing field. Competition in the Single Market should be based on high social and environmental rights in combination with a high level of workers protection, innovation and sustainable productivity improvements ensuring a level playing field.

AM\1231713EN.docx 33/443 PE692.765v02-00 EN Or. en

Amendment 132 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Recital 6

Text proposed by the Commission Amendment

(6) Better working and living (6) Better working and living conditions, including through adequate conditions, including through adequate and minimum wages, benefit both workers and fair minimum wages, benefit both workers businesses in the Union and are a and businesses in the Union and are a prerequisite for achieving inclusive and prerequisite for achieving fair, inclusive sustainable growth. Addressing large and sustainable growth. Addressing large differences in the coverage and adequacy differences in the coverage and adequacy of minimum wage protection contributes to of minimum wage protection contributes to improving the fairness of the EU labour improving the fairness of the EU labour market and promote economic, social market and promote economic, social progress and upward convergence. progress and upward convergence. Competition in the Single Market should Competition in the Single Market should be based on high social standards, be based on high social standards, the innovation and productivity improvements creation of quality employment, ensuring a level playing field. innovation and productivity improvements ensuring a level playing field, but not on competition on the lowest wages and social protection.

Or. en

Amendment 133 Radan Kanev

Proposal for a directive Recital 6

Text proposed by the Commission Amendment

PE692.765v02-00 34/443 AM\1231713EN.docx EN differences in the coverage and adequacy and sustainable growth. Addressing large of minimum wage protection contributes to differences in the coverage and adequacy improving the fairness of the EU labour of minimum wage protection in different market and promote economic, social Member States and regions contributes to progress and upward convergence. improving the fairness of the EU labour Competition in the Single Market should market and promote economic, social be based on high social standards, progress and upward convergence. innovation and productivity improvements Competition in the Single Market should ensuring a level playing field. be based on high social standards, the creation of quality jobs, innovation and productivity improvements ensuring a level playing field.

Or. en

Amendment 134 Daniela Rondinelli, Chiara Gemma

Proposal for a directive Recital 6

Text proposed by the Commission Amendment

(6) Better working and living (6) Better working and living conditions, including through adequate conditions, including through adequate and minimum wages, benefit both workers and fair minimum wages, benefit both workers businesses in the Union and are a and businesses in the Union and are a prerequisite for achieving inclusive and prerequisite for achieving inclusive and sustainable growth. Addressing large sustainable growth. Addressing large differences in the coverage and adequacy differences in the coverage and adequacy of minimum wage protection contributes to of minimum wage protection contributes to improving the fairness of the EU labour improving the fairness of the EU labour market and promote economic, social market, preventing and combating wage progress and upward convergence. dumping, and promote economic, social Competition in the Single Market should progress and upward convergence. be based on high social standards, Competition in the Single Market should innovation and productivity improvements be based on high social standards, the ensuring a level playing field. creation of quality jobs, innovation and productivity improvements ensuring a level playing field.

Or. it

Amendment 135 Krzysztof Hetman, Jarosław Duda, Sara Skyttedal, Romana Tomc, Jeroen Lenaers,

AM\1231713EN.docx 35/443 PE692.765v02-00 EN Radan Kanev

Proposal for a directive Recital 6

Text proposed by the Commission Amendment

(6) Better working and living (6) Better working and living conditions, including through adequate conditions, including through adequate minimum wages, benefit both workers and minimum wages, benefit both workers and businesses in the Union and are a businesses in the Union and are a prerequisite for achieving inclusive and prerequisite for achieving inclusive and sustainable growth. Addressing large sustainable growth. Addressing large differences in the coverage and adequacy differences in the coverage and adequacy of minimum wage protection contributes to of minimum wage protection, while improving the fairness of the EU labour preserving competences of the Member market and promote economic, social States and respecting the principle of progress and upward convergence. subsidiarity, contributes to improving the Competition in the Single Market should fairness of the EU labour market and be based on high social standards, promote economic, social progress and innovation and productivity improvements upward convergence. Competition in the ensuring a level playing field. Single Market should be based on high social standards, innovation and productivity improvements ensuring a level playing field.

Or. en

Amendment 136 Monica Semedo, Atidzhe Alieva-Veli, Jordi Cañas, Marie-Pierre Vedrenne, Ilana Cicurel, Samira Rafaela, Véronique Trillet-Lenoir, Stéphane Bijoux, Dragoș Pîslaru, Sylvie Brunet

Proposal for a directive Recital 6

Text proposed by the Commission Amendment

PE692.765v02-00 36/443 AM\1231713EN.docx EN market and promote economic, social market and promote economic, social progress and upward convergence. progress and upward convergence. Competition in the Single Market should Competition in the Single Market should be based on high social standards, be based on high social standards, creation innovation and productivity improvements of quality jobs, innovation and productivity ensuring a level playing field. improvements ensuring a level playing field.

Or. en

Amendment 137 Vilija Blinkevičiūtė

Proposal for a directive Recital 6

Text proposed by the Commission Amendment

(6) Better working and living (6) Better working and living conditions, including through adequate conditions, including through adequate and minimum wages, benefit both workers and fair minimum wages, benefit both workers businesses in the Union and are a and businesses in the Union and are a prerequisite for achieving inclusive and prerequisite for achieving inclusive and sustainable growth. Addressing large sustainable growth. Addressing large differences in the coverage and adequacy differences in the coverage and adequacy of minimum wage protection contributes to of minimum wage protection contributes to improving the fairness of the EU labour improving the fairness of the EU labour market and promote economic, social market and promote economic, social progress and upward convergence. progress and upward convergence. Competition in the Single Market should Competition in the Single Market should be based on high social standards, be based on high social standards, innovation and productivity improvements innovation and productivity improvements ensuring a level playing field. ensuring a level playing field.

Or. lt

Amendment 138 Gheorghe Falcă, Eugen Tomac, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu Winkler, Daniel Buda, Vasile Blaga, Siegfried Mureşan, Ioan-Rareş Bogdan, Loránt Vincze, Cristian-Silviu Buşoi

Proposal for a directive Recital 6

AM\1231713EN.docx 37/443 PE692.765v02-00 EN Text proposed by the Commission Amendment

(6) Better working and living (6) Better working and living conditions, including through adequate conditions, including through minimum minimum wages, benefit both workers and wages, benefit both workers and businesses businesses in the Union and are a in the Union and are a prerequisite for prerequisite for achieving inclusive and achieving inclusive and sustainable growth. sustainable growth. Addressing large Addressing large differences in the differences in the coverage and adequacy coverage of minimum wage protection of minimum wage protection contributes to contributes to improving the fairness of the improving the fairness of the EU labour EU labour market and promote economic, market and promote economic, social social progress and upward convergence. progress and upward convergence. Competition in the Single Market should Competition in the Single Market should be based on high social standards, be based on high social standards, innovation and productivity improvements innovation and productivity improvements ensuring a level playing field. ensuring a level playing field.

Or. en

Amendment 139 Lina Gálvez Muñoz

Proposal for a directive Recital 6 a (new)

Text proposed by the Commission Amendment

(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.

Or. en

Amendment 140 Mounir Satouri

PE692.765v02-00 38/443 AM\1231713EN.docx EN on behalf of the Greens/EFA Group

Proposal for a directive Recital 7

Text proposed by the Commission Amendment

(7) When set at adequate levels, (7) When set at adequate levels and minimum wages protect the income of taking into account the needs of workers disadvantaged workers, help ensure a and their families, minimum wages protect decent living, and limit the fall in income the income of all workers, notably during bad times, as recognised in disadvantaged workers, and help ensure a Convention 131 of the International Labour decent living to all, as recognised in Organisation on the establishment of a Convention 131 of the International Labour system of minimum wage fixing. Organisation on the establishment of a Minimum wages contribute to sustaining system of minimum wage fixing. domestic demand, strengthen incentives to Minimum wages that provide for a decent work, reduce wage inequalities and in- standard of living contribute to work poverty. guaranteeing decent work, offering protection to all workers, sustaining purchasing power, reducing wage inequalities and the gender pay gap, combating in-work poverty and ensuring social justice.

Or. en

Amendment 141 Radan Kanev

Proposal for a directive Recital 7

Text proposed by the Commission Amendment

(7) When set at adequate levels, (7) When set at adequate and fair minimum wages protect the income of levels, minimum wages protect the income disadvantaged workers, help ensure a of disadvantaged workers, help ensure a decent living, and limit the fall in income decent living, and limit the fall in income during bad times, as recognised in during bad times, as recognised in Convention 131 of the International Labour Convention 131 of the International Labour Organisation on the establishment of a Organization (ILO) on the establishment system of minimum wage fixing. of a system of minimum wage fixing. Minimum wages contribute to sustaining Minimum wages, including hourly-based domestic demand, strengthen incentives to minimum income, contribute to sustaining work, reduce wage inequalities and in- domestic demand on national and regional level, strengthen incentives to

AM\1231713EN.docx 39/443 PE692.765v02-00 EN work poverty. work, reduce wage inequalities and in- work poverty.

Or. en

Amendment 142 Radan Kanev

Proposal for a directive Recital 7

Text proposed by the Commission Amendment

(7) When set at adequate levels, (7) When set at adequate levels, minimum wages protect the income of minimum wages protect the income of disadvantaged workers, help ensure a disadvantaged workers, help ensure a decent living, and limit the fall in income decent living, and limit the fall in income during bad times, as recognised in during bad times, as recognised in Convention 131 of the International Labour Convention 131 of the International Labour Organisation on the establishment of a Organisation on the establishment of a system of minimum wage fixing. system of minimum wage fixing. Minimum wages contribute to sustaining Minimum wages including hourly-based domestic demand, strengthen incentives to minimum income, contribute to sustaining work, reduce wage inequalities and in- domestic demand on national and work poverty. regional level, strengthen incentives to work, reduce wage inequalities and in- work poverty.

Or. en

Amendment 143 Peter Lundgren

Proposal for a directive Recital 7

Text proposed by the Commission Amendment

(7) When set at adequate levels, (7) When set at adequate levels minimum wages protect the income of whether by statutory minimum wages or disadvantaged workers, help ensure a collective bargaining, minimum wages decent living, and limit the fall in income protect the income of disadvantaged during bad times, as recognised in workers, help ensure a decent living, and Convention 131 of the International Labour limit the fall in income during bad times, as Organisation on the establishment of a recognised in Convention 131 of the

PE692.765v02-00 40/443 AM\1231713EN.docx EN system of minimum wage fixing. International Labour Organisation on the Minimum wages contribute to sustaining establishment of a system of minimum domestic demand, strengthen incentives to wage fixing. Minimum wages contribute to work, reduce wage inequalities and in- sustaining domestic demand, strengthen work poverty. incentives to work, reduce wage inequalities and in-work poverty.

Or. en

Amendment 144 Maria Walsh, Seán Kelly, Jeroen Lenaers

Proposal for a directive Recital 7

Text proposed by the Commission Amendment

(7) When set at adequate levels, (7) Encouraging an approach where minimum wages protect the income of adequacy and economic factors are disadvantaged workers, help ensure a combined, minimum wages protect the decent living, and limit the fall in income income of disadvantaged workers, help during bad times, as recognised in ensure a decent living, and limit the fall in Convention 131 of the International Labour income during bad times, as recognised in Organisation on the establishment of a Convention 131 of the International Labour system of minimum wage fixing. Organisation on the establishment of a Minimum wages contribute to sustaining system of minimum wage fixing. domestic demand, strengthen incentives to Minimum wages contribute to sustaining work, reduce wage inequalities and in- domestic demand, strengthen incentives to work poverty. work, reduce wage inequalities and in- work poverty.

Or. en

Amendment 145 Monica Semedo, Atidzhe Alieva-Veli, Jordi Cañas, Marie-Pierre Vedrenne, Ilana Cicurel, Samira Rafaela, Véronique Trillet-Lenoir, Stéphane Bijoux, Dragoș Pîslaru, Sylvie Brunet

Proposal for a directive Recital 7

Text proposed by the Commission Amendment

(7) When set at adequate levels, (7) When set at adequate levels, minimum wages protect the income of minimum wages protect the income of

AM\1231713EN.docx 41/443 PE692.765v02-00 EN disadvantaged workers, help ensure a disadvantaged workers, help ensure a decent living, and limit the fall in income decent living, and limit the fall in income, during bad times, as recognised in as recognised in Convention 131 of the Convention 131 of the International Labour International Labour Organisation on the Organisation on the establishment of a establishment of a system of minimum system of minimum wage fixing. wage fixing. Minimum wages contribute to Minimum wages contribute to sustaining sustaining domestic demand, strengthen domestic demand, strengthen incentives to incentives to work, boost economic work, reduce wage inequalities and in- resilience, reduce wage inequalities and work poverty. help to prevent and combat in-work poverty.

Or. en

Amendment 146 Vilija Blinkevičiūtė

Proposal for a directive Recital 7

Text proposed by the Commission Amendment

(7) When set at adequate levels, (7) When set at adequate and fair minimum wages protect the income of levels, minimum wages protect the income disadvantaged workers, help ensure a of disadvantaged workers, help ensure a decent living, and limit the fall in income decent living, and limit the fall in income during bad times, as recognised in during bad times, as recognised in Convention 131 of the International Labour Convention 131 of the International Labour Organisation on the establishment of a Organisation on the establishment of a system of minimum wage fixing. system of minimum wage fixing. Minimum wages contribute to sustaining Minimum wages contribute to sustaining domestic demand, strengthen incentives to domestic demand, strengthen incentives to work, reduce wage inequalities and in- work, reduce wage inequalities and in- work poverty. work poverty of workers and their children.

Or. lt

Amendment 147 Gheorghe Falcă, Eugen Tomac, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu Winkler, Daniel Buda, Vasile Blaga, Siegfried Mureşan, Ioan-Rareş Bogdan, Loránt Vincze, Cristian-Silviu Buşoi

Proposal for a directive Recital 7

PE692.765v02-00 42/443 AM\1231713EN.docx EN Text proposed by the Commission Amendment

(7) When set at adequate levels, (7) Whenever levels are set, minimum minimum wages protect the income of wages protect the income of disadvantaged disadvantaged workers, help ensure a workers, help ensure a decent living, and decent living, and limit the fall in income limit the fall in income during bad times, as during bad times, as recognised in recognised in Convention 131 of the Convention 131 of the International Labour International Labour Organisation on the Organisation on the establishment of a establishment of a system of minimum system of minimum wage fixing. wage fixing. Minimum wages contribute to Minimum wages contribute to sustaining sustaining domestic demand, strengthen domestic demand, strengthen incentives to incentives to work, reduce wage work, reduce wage inequalities and in- inequalities and in-work poverty. work poverty.

Or. en

Amendment 148 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, Sandra Pereira, José Gusmão

Proposal for a directive Recital 7 a (new)

Text proposed by the Commission Amendment

(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.

Or. en

Amendment 149 Atidzhe Alieva-Veli, Dragoș Pîslaru

Proposal for a directive Recital 7 a (new)

AM\1231713EN.docx 43/443 PE692.765v02-00 EN Text proposed by the Commission Amendment

(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.

Or. en

Amendment 150 Vilija Blinkevičiūtė

Proposal for a directive Recital 7 a (new)

Text proposed by the Commission Amendment

(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.

Or. lt

Amendment 151 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Recital 8

Text proposed by the Commission Amendment

(8) Women, young and low-skilled (8) Women, young, older, migrants, workers and persons with disabilities have single-parents and low-skilled workers and a higher probability of being minimum persons with disabilities still have a higher wage or low wage earners than other probability of being minimum wage or low groups. During economic downturns, wage. Addressing minimum wage such as the Covid-19 crisis, the role of contributes to gender equality, closing the minimum wages in protecting low-wage gender pay and pension gap as well as

PE692.765v02-00 44/443 AM\1231713EN.docx EN workers becomes increasingly important elevating women out of poverty. 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.

Or. en

Amendment 152 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Recital 8

Text proposed by the Commission Amendment

(8) Women, young and low-skilled (8) Women, young and low-skilled workers and persons with disabilities have workers, migrants and persons from a higher probability of being minimum divers racial or ethnical backgrounds, wage or low wage earners than other persons with disabilities or who suffer groups. During economic downturns, such from multiple forms of discrimination, as the Covid-19 crisis, the role of minimum have a higher probability of being wages in protecting low-wage workers minimum wage, low wage earners than becomes increasingly important and is other groups or of being excluded from essential to support a sustainable and any form of wage protection. During inclusive economic recovery. Addressing economic downturns, such as the Covid-19 minimum wage contributes to gender crisis, the role of minimum wages in equality, closing the gender pay and protecting low-wage workers shows the pension gap as well as elevating women essential need of supporting a sustainable out of poverty. and inclusive economic recovery underlined with strong social protection systems. Raising minimum wages has a potential to contribute to gender equality, to fight against the undervaluation of work performed by women and the unjustified low pay in feminised sectors, to reduce the gender pay and pension gap as well as elevating women out of poverty

Or. en

AM\1231713EN.docx 45/443 PE692.765v02-00 EN Amendment 153 Lina Gálvez Muñoz

Proposal for a directive Recital 8

Text proposed by the Commission Amendment

(8) Women, young and low-skilled (8) Women, young and low-skilled workers and persons with disabilities have workers and persons with disabilities have a higher probability of being minimum a higher probability of being minimum wage or low wage earners than other wage or low wage earners than other groups. During economic downturns, such groups. During economic downturns, such as the Covid-19 crisis, the role of minimum as the Covid-19 crisis, the role of minimum wages in protecting low-wage workers wages in protecting low-wage workers becomes increasingly important and is becomes increasingly important and is essential to support a sustainable and essential to support a sustainable and inclusive economic recovery. Addressing inclusive economic recovery. Addressing minimum wage contributes to gender minimum wage contributes to gender equality, closing the gender pay and equality, closing the gender pay and pension gap as well as elevating women pension gap as well as elevating women out of poverty. 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.

Or. en

Amendment 154 Krzysztof Hetman, Jarosław Duda, Romana Tomc, Radan Kanev

Proposal for a directive Recital 8

Text proposed by the Commission Amendment

PE692.765v02-00 46/443 AM\1231713EN.docx EN inclusive economic recovery. Addressing inclusive economic recovery. Addressing minimum wage contributes to gender minimum wage reduces discrimination equality, closing the gender pay and against people with disabilities and pension gap as well as elevating women contributes to respecting the needs of all out of poverty. generations, contributes to gender equality, closing the gender pay and pension gap as well as elevating women out of poverty.

Or. en

Amendment 155 Vilija Blinkevičiūtė

Proposal for a directive Recital 8

Text proposed by the Commission Amendment

(8) Women, young and low-skilled (8) Women, young and low-skilled workers and persons with disabilities have workers and persons with disabilities are a higher probability of being minimum very often minimum wage or low wage wage or low wage earners than other earners, and they often work part-time or groups. During economic downturns, such are employed under short-term as the Covid-19 crisis, the role of minimum employment contracts. During economic wages in protecting low-wage workers downturns, such as the Covid-19 crisis, the becomes increasingly important and is role of minimum wages in protecting low- essential to support a sustainable and wage workers becomes particularly inclusive economic recovery. Addressing important and is essential to support a minimum wage contributes to gender sustainable and inclusive economic and equality, closing the gender pay and social recovery. Addressing minimum pension gap as well as elevating women wage contributes to gender equality, out of poverty. closing the gender pay and pension gap as well as elevating women and their children out of poverty.

Or. lt

Amendment 156 Monica Semedo, Atidzhe Alieva-Veli, Jordi Cañas, Marie-Pierre Vedrenne, Ilana Cicurel, Samira Rafaela, Véronique Trillet-Lenoir, Stéphane Bijoux, Dragoș Pîslaru, Sylvie Brunet

Proposal for a directive Recital 8

AM\1231713EN.docx 47/443 PE692.765v02-00 EN Text proposed by the Commission Amendment

(8) Women, young and low-skilled (8) Women, young and low-skilled and workers and persons with disabilities have migrant workers and persons with a higher probability of being minimum disabilities have a higher probability of wage or low wage earners than other being minimum wage or low wage earners groups. During economic downturns, such than other groups. During economic as the Covid-19 crisis, the role of minimum downturns, such as the Covid-19 crisis, the wages in protecting low-wage workers role of adequate minimum wages in becomes increasingly important and is protecting low-wage workers becomes essential to support a sustainable and increasingly important and is essential to inclusive economic recovery. Addressing support a sustainable and inclusive minimum wage contributes to gender economic recovery. Ensuring and equality, closing the gender pay and improving the adequacy of the minimum pension gap as well as elevating women wage contributes to gender equality, out of poverty. closing the gender pay and pension gap as well as elevating women and children out of poverty.

Or. en

Amendment 157 Eugen Tomac, Marian-Jean Marinescu, Vasile Blaga, Daniel Buda, Siegfried Mureşan, Gheorghe Falcă

Proposal for a directive Recital 8

Text proposed by the Commission Amendment

Or. en

PE692.765v02-00 48/443 AM\1231713EN.docx EN Amendment 158 Sandra Pereira, José Gusmão

Proposal for a directive Recital 8

Text proposed by the Commission Amendment

(8) Women, young and low-skilled (8) Women, young people, low-skilled workers and persons with disabilities have workers, persons with disabilities and a higher probability of being minimum migrant workers are minimum wage or wage or low wage earners than other low wage earners compared with other groups. During economic downturns, such groups. During economic downturns, such as the Covid-19 crisis, the role of as the Covid-19 crisis, raising minimum minimum wages in protecting low-wage wages to protect low-wage workers is workers becomes increasingly important important to support a sustainable and and is essential to support a sustainable inclusive economic recovery. Addressing and inclusive economic recovery. and raising minimum wage contribute to Addressing minimum wage contributes to gender equality, closing the gender pay and gender equality, closing the gender pay and pension gap as well as elevating women pension gap as well as elevating women out of poverty. out of poverty.

Or. pt

Amendment 159 Dominique Bilde

Proposal for a directive Recital 8 a (new)

Text proposed by the Commission Amendment

(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.

Or. fr

AM\1231713EN.docx 49/443 PE692.765v02-00 EN Amendment 160 Dominique Bilde

Proposal for a directive Recital 8 b (new)

Text proposed by the Commission Amendment

(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.

Or. fr

Amendment 161 Radan Kanev

Proposal for a directive Recital 9

Text proposed by the Commission Amendment

(9) The Covid-19 pandemic is having (9) Minimum wages and especially a significant impact on the services sector hourly-based minimum income are also and small firms, which both have a high important in view of the structural trends share of minimum wage earners. In that are reshaping labour markets and addition, minimum wages are also which are increasingly characterised by important in view of the structural trends high shares of non-standard and precarious that are reshaping labour markets and work, including part-time job and work which are increasingly characterised by for several employers at a time. These high shares of non-standard and precarious trends have led, in many cases, to an work. These trends have led to an increased job polarisation resulting in an increased job polarisation resulting in an increasing share of low-paid and low- increasing share of low-paid and low- skilled occupations in most Member States, skilled occupations in most Member States, as well as to higher wage inequality in as well as to higher wage inequality in some of them. some of them.

Or. en

Amendment 162 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

PE692.765v02-00 50/443 AM\1231713EN.docx EN Proposal for a directive Recital 9

Text proposed by the Commission Amendment

(9) The Covid-19 pandemic is having (9) Minimum wages are important in a significant impact on the services sector view of the structural trends that are and small firms, which both have a high reshaping labour markets and which are share of minimum wage earners. In increasingly characterised by high shares addition, minimum wages are also of non-standard and precarious work. In important in view of the structural trends addition, too often mobile workers are still that are reshaping labour markets and exploited and paid low wages, included which are increasingly characterised by posted workers, seasonal workers and high shares of non-standard and precarious seasonal workers from third countries are work. These trends have led to an used to pay low wages. Through increased job polarisation resulting in an globalisation with worldwide supply- and increasing share of low-paid and low- production-chains without due diligence skilled occupations in most Member States, and liability along the chain have also as well as to higher wage inequality in contributed to lower wages word wide. some of them. Strategies such as offshoring, outsourcing, work in platform companies and temporary agency work can have the effect of lowering collective bargaining coverage because parts of the workforce of one company belong after the outsourcing to different companies and often to different sectors and lower collective agreements. 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. Workers with temporary contracts have lower protection against unfair dismissal. This makes it more difficult for them to organise and fight for collective agreements. Strategies such as "union-busting" have weakened trade unions and as a consequence have lead to less or worse collective agreements. The low or lowered coverage of employers´ association have weakened collective bargaining too.

Or. en

AM\1231713EN.docx 51/443 PE692.765v02-00 EN Amendment 163 Sandra Pereira, José Gusmão

Proposal for a directive Recital 9

Text proposed by the Commission Amendment

(9) The Covid-19 pandemic is having a (9) The Covid-19 pandemic and the significant impact on the services sector measures taken to contain it have and small firms, which both have a high highlighted the vulnerability of those in share of minimum wage earners. In precarious jobs, many of whom have been addition, minimum wages are also made redundant. This trend must be important in view of the structural trends reversed by creating secure jobs with that are reshaping labour markets and rights and ensuring that every permanent which are increasingly characterised by position involves a genuine employment high shares of non-standard and relationship, with the aim of achieving precarious work. These trends have led to full employment. 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.

Or. pt

Amendment 164 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Recital 9

Text proposed by the Commission Amendment

(9) The Covid-19 pandemic is having a (9) Crisis situations, such as the significant impact on the services sector Covid-19 pandemic, have always and small firms, which both have a high particularly hit hard sectors with share of minimum wage earners. In minimum wage or low wage earners, such addition, minimum wages are also as the cultural sector and services. In important in view of the structural trends addition, low and inadequate wages are that are reshaping labour markets and also important in view of the structural which are increasingly characterised by trends that are reshaping labour markets high shares of non-standard and precarious and which are increasingly characterised work. These trends have led to an by high shares of non-standard and increased job polarisation resulting in an precarious work such as platform workers. increasing share of low-paid and low- These trends have led to an increased job

PE692.765v02-00 52/443 AM\1231713EN.docx EN skilled occupations in most Member States, polarisation resulting in an increasing share as well as to higher wage inequality in of low-paid and low-skilled occupations some of them. and sectors in most Member States, as well as to higher wage inequality in some of them.

Or. en

Amendment 165 Lina Gálvez Muñoz

Proposal for a directive Recital 9

Text proposed by the Commission Amendment

(9) The Covid-19 pandemic is having a (9) The Covid-19 pandemic is having a significant impact on the services sector significant impact on the services sector and small firms, which both have a high and small firms, which both have a high share of minimum wage earners. In share of minimum wage earners. In addition, minimum wages are also addition, minimum wages are also important in view of the structural trends important in view of the structural trends that are reshaping labour markets and that are reshaping labour markets and which are increasingly characterised by which are increasingly characterised by high shares of non-standard and precarious high shares of non-standard and precarious work. These trends have led to an work. These trends have led to an increased job polarisation resulting in an increased job polarisation resulting in an increasing share of low-paid and low- increasing share of low-paid and low- skilled occupations in most Member States, skilled occupations in most Member States, as well as to higher wage inequality in as well as to higher wage inequality in some of them. 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.

Or. en

Amendment 166 Anne Sander

Proposal for a directive Recital 9

AM\1231713EN.docx 53/443 PE692.765v02-00 EN Text proposed by the Commission Amendment

(9) The Covid-19 pandemic is having a (9) To ensure a strong and inclusive significant impact on the services sector economic recovery, it is vital that our and small firms, which both have a high businesses, particularly SMEs and micro- share of minimum wage earners. In enterprises, are in good health. The addition, minimum wages are also Covid-19 pandemic is having a significant important in view of the structural trends impact on the services sector and small that are reshaping labour markets and firms, which both have a high share of which are increasingly characterised by minimum wage earners. In addition, high shares of non-standard and precarious minimum wages are also important in view work. These trends have led to an of the structural trends that are reshaping increased job polarisation resulting in an labour markets and which are increasingly increasing share of low-paid and low- characterised by high shares of non- skilled occupations in most Member States, standard and precarious work. These trends as well as to higher wage inequality in have led to an increased job polarisation some of them. 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.

Or. fr

Amendment 167 Vilija Blinkevičiūtė

Proposal for a directive Recital 9

Text proposed by the Commission Amendment

(9) The Covid-19 pandemic is having a (9) The Covid-19 pandemic is having a significant impact on the services sector significant impact on the services sector and small firms, which both have a high and small firms, which both have a high share of minimum wage earners. In share of minimum wage earners, and the addition, minimum wages are also majority of employees in the services important in view of the structural trends sector are women. In addition, minimum that are reshaping labour markets and wages are also important in view of the which are increasingly characterised by structural trends that are reshaping labour high shares of non-standard and precarious markets and which are increasingly work. These trends have led to an characterised by high shares of non- increased job polarisation resulting in an standard and precarious work. These trends increasing share of low-paid and low- have led to an increased job polarisation skilled occupations in most Member States, resulting in an increasing share of low-paid as well as to higher wage inequality in and low-skilled occupations in most Member States, as well as to higher wage

PE692.765v02-00 54/443 AM\1231713EN.docx EN some of them. inequality in some of them.

Or. lt

Amendment 168 Monica Semedo, Atidzhe Alieva-Veli, Jordi Cañas, Marie-Pierre Vedrenne, Ilana Cicurel, Samira Rafaela, Véronique Trillet-Lenoir, Stéphane Bijoux, Dragoș Pîslaru, Sylvie Brunet

Proposal for a directive Recital 9

Text proposed by the Commission Amendment

(9) The Covid-19 pandemic is having a (9) The Covid-19 pandemic is having a significant impact on the services sector significant impact on the labour market and small firms, which both have a high generally and in particular the services share of minimum wage earners. In sector and small and micro firms, which addition, minimum wages are also both have a high share of minimum wage important in view of the structural trends earners. In addition, minimum wages are that are reshaping labour markets and also important in view of the structural which are increasingly characterised by trends that are reshaping labour markets high shares of non-standard and precarious and which are increasingly characterised work. These trends have led to an by high shares of non-standard and increased job polarisation resulting in an precarious work. These trends have led to increasing share of low-paid and low- an increased job polarisation resulting in an skilled occupations in most Member States, increasing share of low-paid and low- as well as to higher wage inequality in skilled occupations in most Member States, some of them. as well as to higher wage inequality in some of them.

Or. en

Amendment 169 Samira Rafaela, Marie-Pierre Vedrenne, Véronique Trillet-Lenoir, Sylvie Brunet, Anna Júlia Donáth

Proposal for a directive Recital 9 a (new)

Text proposed by the Commission Amendment

(9 a) The Covid-19 pandemic is having a particular impact on young people who were already likely to earn the minimum

AM\1231713EN.docx 55/443 PE692.765v02-00 EN 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.

Or. en

Amendment 170 Anna Zalewska, Elżbieta Rafalska, Beata Szydło

Proposal for a directive Recital 9 a (new)

Text proposed by the Commission Amendment

(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.

Or. pl

Amendment 171 Radan Kanev

Proposal for a directive Recital 9 a (new)

Text proposed by the Commission Amendment

(9 a) While labour market flexibility and new forms of employment, including part-time work and work for numerous

PE692.765v02-00 56/443 AM\1231713EN.docx EN 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.

Or. en

Amendment 172 Radan Kanev

Proposal for a directive Recital 9 b (new)

Text proposed by the Commission Amendment

(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.

Or. en

Amendment 173 Johan Danielsson, Heléne Fritzon, Marianne Vind

Proposal for a directive Recital 10

Text proposed by the Commission Amendment

(10) While minimum wage protection (10) Minimum wage protection exists in exists in all Member States, in some that all Member States. Protection stems from protection stems from legislative legislative provisions and from collective provisions (“statutory minimum wages”) agreements. Many Member States have and from collective agreements while in statutory minimum wages. In some others it is provided exclusively, through Member States, social partners have collective agreements. developed autonomous bargaining structures that contribute to well functioning wage-setting. In these

AM\1231713EN.docx 57/443 PE692.765v02-00 EN Member States, social partners have a high capacity to negotiate and monitor the implementation of concluded agreements.

Or. en

Amendment 174 Anne Sander

Proposal for a directive Recital 10

Text proposed by the Commission Amendment

(10) While minimum wage protection (10) While minimum wage protection exists in all Member States, in some that exists in all Member States, in some that protection stems from legislative protection stems from legislative provisions (“statutory minimum wages”) provisions (“statutory minimum wages”) and from collective agreements while in and from collective agreements while in others it is provided exclusively, through others it is provided exclusively, through collective agreements. 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.

Or. fr

Amendment 175 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Recital 10

Text proposed by the Commission Amendment

(10) While minimum wage protection (10) While minimum wage protection exists in all Member States, in some that exists for most workers in all Member protection stems from legislative States, in some, that protection stems from provisions (“statutory minimum wages”) legislative provisions (“statutory minimum and from collective agreements while in wages”) and from collective agreements others it is provided exclusively, through while in others it is provided exclusively,

PE692.765v02-00 58/443 AM\1231713EN.docx EN collective agreements. through collective agreements. .

Or. en

Amendment 176 Johan Danielsson, Heléne Fritzon, Marianne Vind

Proposal for a directive Recital 10 a (new)

Text proposed by the Commission Amendment

(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.

Or. en

Amendment 177 Johan Danielsson, Heléne Fritzon, Marianne Vind

Proposal for a directive Recital 10 b (new)

Text proposed by the Commission Amendment

(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

AM\1231713EN.docx 59/443 PE692.765v02-00 EN Or. en

Amendment 178 Gheorghe Falcă, Eugen Tomac, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu Winkler, Daniel Buda, Vasile Blaga, Siegfried Mureşan, Ioan-Rareş Bogdan, Loránt Vincze, Cristian-Silviu Buşoi

Proposal for a directive Recital 11

Text proposed by the Commission Amendment

(11) Minimum wage protection set out (11) Minimum wage protection set out by collective agreements in low-paid by collective agreements in low-paid occupations is adequate in most cases; occupations is adequate in most cases; statutory minimum wages are low statutory minimum wages are low compared to other wages in the economy in compared to other wages in the economy in several Member States. In 2018, the several Member States. In 2018, the statutory minimum wage did not provide statutory minimum wage did not provide sufficient income for a single minimum- sufficient income for a single minimum- wage earner to reach the at-risk-of-poverty wage earner to reach the at-risk-of-poverty threshold in nine Member States. In threshold in nine Member States. addition, the use of reduced minimum wage rates (variations) and deductions from statutory minimum wages negatively affect their adequacy.

Or. en

Amendment 179 Radan Kanev

Proposal for a directive Recital 11

Text proposed by the Commission Amendment

PE692.765v02-00 60/443 AM\1231713EN.docx EN wage earner to reach the at-risk-of-poverty non-standard forms of employment, threshold in nine Member States. In including workers with disabilities in addition, the use of reduced minimum sheltered workshops, part-time jobs and wage rates (variations) and deductions temporary employment agency workers from statutory minimum wages negatively Statutory minimum wages are usually low affect their adequacy. compared to other wages in the economy in many 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.

Or. en

Amendment 180 Anne Sander

Proposal for a directive Recital 11

Text proposed by the Commission Amendment

(11) Minimum wage protection set out (11) Minimum wage protection set out by collective agreements in low-paid by collective agreements in low-paid occupations is adequate in most cases; occupations is adequate in most cases; statutory minimum wages are low statutory minimum wages are low compared to other wages in the economy in compared to other wages in the economy in several Member States. In 2018, the several Member States. In 2018, the statutory minimum wage did not provide statutory minimum wage did not provide sufficient income for a single minimum- sufficient income for a single minimum- wage earner to reach the at-risk-of-poverty wage earner to reach the at-risk-of-poverty threshold in nine Member States. In threshold in nine Member States. In addition, the use of reduced minimum addition, the use of reduced minimum wage rates (variations) and deductions wage rates (variations) and deductions from statutory minimum wages negatively from statutory minimum wages negatively affect their adequacy. 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.

Or. fr

AM\1231713EN.docx 61/443 PE692.765v02-00 EN Amendment 181 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Recital 11

Text proposed by the Commission Amendment

(11) Minimum wage protection set out (11) Minimum wage protection set out by collective agreements in low-paid by comprehensive collective agreements in occupations is adequate in most cases; low-paid occupations is providing decent statutory minimum wages are low standards of living in most cases; however, compared to other wages in the economy in statutory minimum wages are low several Member States. In 2018, the compared to other wages in the economy in statutory minimum wage did not provide several Member States. In 2018, the sufficient income for a single minimum- statutory minimum wage did not provide wage earner to reach the at-risk-of-poverty sufficient income for a single minimum- threshold in nine Member States. In wage earner to reach the at-risk-of-poverty addition, the use of reduced minimum threshold in nine Member States, which is wage rates (variations) and deductions not in line with the aims of the Union as from statutory minimum wages negatively outlined in article 9 of the Treaty of the affect their adequacy. Functioning of the European Union. In addition, the use of reduced minimum wage rates (variations) and deductions from statutory minimum wages negatively affect their adequacy.

Or. en

Amendment 182 Peter Lundgren

Proposal for a directive Recital 11

Text proposed by the Commission Amendment

PE692.765v02-00 62/443 AM\1231713EN.docx EN sufficient income for a single minimum- sufficient income for a single minimum- wage earner to reach the at-risk-of-poverty wage earner to reach the at-risk-of-poverty threshold in nine Member States. In threshold in nine Member States. In addition, the use of reduced minimum addition, the use of reduced minimum wage rates (variations) and deductions wage rates (variations) and deductions from statutory minimum wages negatively from statutory minimum wages negatively affect their adequacy. affect their adequacy. Legislation from the EU therefore risks lowering the wages in some occupations especially in those Member States with minimum wage protection set out by collective agreements.

Or. en

Amendment 183 Klára Dobrev

Proposal for a directive Recital 11

Text proposed by the Commission Amendment

(11) Minimum wage protection set out (11) Minimum wage protection set out by collective agreements in low-paid by collective agreements in low-paid occupations is adequate in most cases; occupations is adequate in most cases; statutory minimum wages are low statutory minimum wages are low compared to other wages in the economy in compared to other wages in the economy in several Member States. In 2018, the several Member States. In 2018, the statutory minimum wage did not provide statutory minimum wage did not provide sufficient income for a single minimum- sufficient income for a single minimum- wage earner to reach the at-risk-of-poverty wage earner to reach the at-risk-of-poverty threshold in nine Member States. In threshold in nine Member States. In addition, the use of reduced minimum addition, the use of special categories with wage rates (variations) and deductions wages below the statutory level (such as from statutory minimum wages negatively public work schemes), reduced minimum affect their adequacy. wage rates (variations) and deductions from statutory minimum wages negatively affect their adequacy and increase the risk of poverty of such workers.

Or. en

Amendment 184 Monica Semedo, Atidzhe Alieva-Veli, Samira Rafaela, Dragoș Pîslaru

AM\1231713EN.docx 63/443 PE692.765v02-00 EN Proposal for a directive Recital 11

Text proposed by the Commission Amendment

(11) Minimum wage protection set out (11) Minimum wage protection set out by collective agreements in low-paid by collective agreements in low-paid occupations is adequate in most cases; occupations is adequate in most cases; statutory minimum wages are low statutory minimum wages are low compared to other wages in the economy in compared to other wages in the economy in several Member States. In 2018, the several Member States. In 2018, the statutory minimum wage did not provide statutory minimum wage did not provide sufficient income for a single minimum- sufficient income for a single minimum- wage earner to reach the at-risk-of-poverty wage earner to reach the at-risk-of-poverty threshold in nine Member States. In threshold in nine Member States. In addition, the use of reduced minimum addition, the use of reduced minimum wage rates (variations) and deductions wage rates (variations) and deductions from statutory minimum wages negatively from statutory minimum wages, the limited affect their adequacy. use of which in some instances is justified, can negatively affect their adequacy.

Or. en

Amendment 185 Johan Danielsson, Heléne Fritzon, Marianne Vind

Proposal for a directive Recital 11

Text proposed by the Commission Amendment

(11) Minimum wage protection set out (11) Minimum wage protection in the by collective agreements in low-paid form of wages stemming from collective occupations is adequate in most cases; agreements in low-paid occupations is statutory minimum wages are low adequate in most cases; statutory minimum compared to other wages in the economy in wages are low compared to other wages in several Member States. In 2018, the the economy in several Member States. In statutory minimum wage did not provide 2018, the statutory minimum wage did not sufficient income for a single minimum- provide sufficient income for a single wage earner to reach the at-risk-of-poverty minimum-wage earner to reach the at-risk- threshold in nine Member States. In of-poverty threshold in nine Member addition, the use of reduced minimum States. In addition, the use of reduced wage rates (variations) and deductions minimum wage rates (variations) and from statutory minimum wages negatively deductions from statutory minimum wages

PE692.765v02-00 64/443 AM\1231713EN.docx EN affect their adequacy. negatively affect their adequacy.

Or. en

Amendment 186 Peter Lundgren

Proposal for a directive Recital 12

Text proposed by the Commission Amendment

(12) Not all workers in the Union are (12) Not all workers in the Union are protected by minimum wages. In some protected by minimum wages. In some Member States some workers, even though Member States some workers, even though they are covered, receive in practice a they are covered, receive in practice a remuneration below the statutory minimum remuneration below the statutory minimum wage due to the non-respect of existing wage due to the non-respect of existing rules. In particular, such non-compliance rules which drives down wages for all. In has been found to affect notably women, particular, such non-compliance has been young workers, people with disabilities and found to affect notably women, young agricultural workers. In Member States workers, people with disabilities and where minimum wage protection is agricultural workers. provided only through collective agreements, the share of workers not covered is estimated to vary from 2% to 55% of all workers.

Or. en

Amendment 187 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Recital 12

Text proposed by the Commission Amendment

(12) Not all workers in the Union are (12) Not all workers in the Union are protected by minimum wages. In some protected by minimum wages. In several Member States some workers, even though Member States workers, even though they they are covered, receive in practice a are covered, receive in practice a remuneration below the statutory minimum remuneration below the statutory minimum wage due to the non-respect of existing wage due to the non-respect of existing

AM\1231713EN.docx 65/443 PE692.765v02-00 EN rules. In particular, such non-compliance rules or they do not qualify to access has been found to affect notably women, minimum wage, such as workers in young workers, people with disabilities and sheltered workshops. In particular, such agricultural workers. In Member States non-compliance has been found to affect where minimum wage protection is notably women, young workers, people provided only through collective with disabilities, people facing direct, agreements, the share of workers not indirect or intersectional discrimination, covered is estimated to vary from 2% to platform workers and agricultural, 55% of all workers. seasonal, short-term workers, and bogus self-employed. 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.

Or. en

Amendment 188 Radan Kanev

Proposal for a directive Recital 12

Text proposed by the Commission Amendment

(12) Not all workers in the Union are (12) Not all workers in the Union are protected by minimum wages. In some protected by minimum wages. In some Member States some workers, even though Member States some workers, even though they are covered, receive in practice a they are covered, receive in practice a remuneration below the statutory minimum remuneration below the statutory minimum wage due to the non-respect of existing wage either on hourly, weekly or monthly rules. In particular, such non-compliance base, due to the failure to respect existing has been found to affect notably women, rules and due to current variations of and young workers, people with disabilities and deductions from the statutory minimum agricultural workers. In Member States wage. In particular, such non-compliance where minimum wage protection is has been found to affect notably women, provided only through collective young workers, low-skilled workers, non- agreements, the share of workers not standard workers, part-time workers, covered is estimated to vary from 2% to people with disabilities and agricultural 55% of all workers. 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.

Or. en

PE692.765v02-00 66/443 AM\1231713EN.docx EN Amendment 189 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, Sandra Pereira, José Gusmão

Proposal for a directive Recital 12

Text proposed by the Commission Amendment

(12) Not all workers in the Union are (12) Not all workers in the Union are protected by minimum wages. In some protected by minimum wages. In some Member States some workers, even though Member States some workers, even though they are covered, receive in practice a they are covered, receive in practice a remuneration below the statutory minimum remuneration below the statutory minimum wage due to the non-respect of existing wage due to deductions, variations and the rules. In particular, such non-compliance non-respect of existing rules. In particular, has been found to affect notably women, such non-compliance has been found to young workers, people with disabilities and affect notably women, young and older agricultural workers. In Member States workers, low-skilled workers, migrant where minimum wage protection is workers, single-parent workers, people provided only through collective with disabilities and agricultural workers. agreements, the share of workers not In Member States where minimum wage covered is estimated to vary from 2% to protection is provided only through 55% of all workers. collective agreements, the share of workers not covered is estimated to vary from 2% to 55% of all workers.

Or. en

Amendment 190 Klára Dobrev

Proposal for a directive Recital 12

Text proposed by the Commission Amendment

AM\1231713EN.docx 67/443 PE692.765v02-00 EN young workers, people with disabilities and non-compliance has been found to affect agricultural workers. In Member States notably women, young workers, people where minimum wage protection is with disabilities and agricultural workers. provided only through collective In Member States where minimum wage agreements, the share of workers not protection is provided only through covered is estimated to vary from 2% to collective agreements, the share of workers 55% of all workers. not covered is estimated to vary from 2% to 55% of all workers.

Or. en

Amendment 191 Leila Chaibi, Manon Aubry, Manuel Bompard, Emmanuel Maurel, Younous Omarjee, Anne-Sophie Pelletier, Eugenia Rodríguez Palop, José Gusmão

Proposal for a directive Recital 12

Text proposed by the Commission Amendment

(12) Not all workers in the Union are (12) Not all workers in the Union are protected by minimum wages. In some protected by minimum wages. In some Member States some workers, even though Member States some workers, even though they are covered, receive in practice a they are covered, receive in practice a remuneration below the statutory minimum remuneration below the statutory minimum wage due to the non-respect of existing wage due to competition and social rules. In particular, such non-compliance dumping dogmas. In particular, such non- has been found to affect notably women, compliance has been found to affect young workers, people with disabilities and notably women, young workers, people agricultural workers. In Member States with disabilities and agricultural workers. where minimum wage protection is In Member States where minimum wage provided only through collective protection is provided only through agreements, the share of workers not collective agreements, the share of workers covered is estimated to vary from 2% to not covered is estimated to vary from 2% 55% of all workers. to 55% of all workers.

Or. fr

Amendment 192 Monica Semedo, Atidzhe Alieva-Veli, Jordi Cañas, Marie-Pierre Vedrenne, Ilana Cicurel, Samira Rafaela, Véronique Trillet-Lenoir, Stéphane Bijoux, Dragoș Pîslaru, Sylvie Brunet

Proposal for a directive Recital 12

PE692.765v02-00 68/443 AM\1231713EN.docx EN Text proposed by the Commission Amendment

(12) Not all workers in the Union are (12) Not all workers in the Union are protected by minimum wages. In some protected by minimum wages. In some Member States some workers, even though Member States some workers, even though they are covered, receive in practice a they are covered, receive in practice a remuneration below the statutory minimum remuneration below the statutory minimum wage due to the non-respect of existing wage due to the non-compliance with rules. In particular, such non-compliance existing rules. In particular, such non- has been found to affect notably women, compliance has been found to affect young workers, people with disabilities and notably women, young workers, people agricultural workers. In Member States with disabilities and agricultural workers. where minimum wage protection is In Member States where minimum wage provided only through collective protection is provided only through agreements, the share of workers not collective agreements, the share of workers covered is estimated to vary from 2% to not covered is estimated to vary from 2% 55% of all workers. to 55% of all workers.

Or. en

Amendment 193 Johan Danielsson, Heléne Fritzon, Marianne Vind

Proposal for a directive Recital 12

Text proposed by the Commission Amendment

(12) Not all workers in the Union are (12) Not all workers in the Union are protected by minimum wages. In some protected by minimum wages. In some Member States some workers, even though Member States some workers, even though they are covered, receive in practice a they are covered, receive in practice a remuneration below the statutory minimum remuneration below the statutory minimum wage due to the non-respect of existing wage due to the non-respect of existing rules. In particular, such non-compliance rules. In particular, such non-compliance has been found to affect notably women, has been found to affect notably women, young workers, people with disabilities and young workers, people with disabilities and agricultural workers. In Member States agricultural workers. In Member States where minimum wage protection is where minimum wage protection in the provided only through collective form of wages stemming from collective agreements, the share of workers not agreements, the share of workers not covered is estimated to vary from 2% to covered is estimated to vary from 2% to 55% of all workers. 55% of all workers.

Or. en

AM\1231713EN.docx 69/443 PE692.765v02-00 EN Amendment 194 Jordi Cañas

Proposal for a directive Recital 12 a (new)

Text proposed by the Commission Amendment

(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.

Or. en

Amendment 195 Radan Kanev

Proposal for a directive Recital 12 a (new)

Text proposed by the Commission Amendment

(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.

Or. en

Amendment 196 David Casa

PE692.765v02-00 70/443 AM\1231713EN.docx EN Proposal for a directive Recital 13

Text proposed by the Commission Amendment

(13) While strong collective bargaining (13) While strong collective bargaining at sector or cross-industry level contributes at sector or cross-industry level, where it is to ensuring adequate minimum wage the national law or practice, contributes to protection, traditional collective bargaining ensuring adequate and fair minimum wage structures have been eroding during the last protection, traditional collective bargaining decades, in part due to structural shifts in structures have been eroding during the last the economy towards less unionised sectors decades, in part due to structural shifts in and to the decline in trade union the economy towards less unionised sectors membership related to the increase of and to the decline in trade union atypical and new forms of work. membership and employer association membership. In addition, sectoral and cross-industry level collective bargaining came under severe pressure due to political decisions taken in the aftermath of the 2008 financial crisis. With the aim of achieving fair minimum wages, however, sectoral and cross-industry level collective bargaining, where it is the national law or practice, is essential and thus needs to be promoted and strengthened.

Or. en

Amendment 197 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Recital 13

Text proposed by the Commission Amendment

(13) While strong collective bargaining (13) While strong collective bargaining at sector or cross-industry level contributes at sector or cross-industry level contributes to ensuring adequate minimum wage to ensuring adequate and decent minimum protection, traditional collective bargaining wage protection, traditional collective structures have been eroding during the last bargaining structures have been eroding decades, in part due to structural shifts in during the last decades, in part due to the economy towards less unionised sectors structural shifts in the economy towards and to the decline in trade union less unionised sectors and to the decline in membership related to the increase of trade union membership and employers´ association membership. In addition,

AM\1231713EN.docx 71/443 PE692.765v02-00 EN atypical and new forms of work. sectoral and cross-industry level collective bargaining came under severe pressure due to political decisions taken in the aftermath of the 2008 financial crisis. With the aim of achieving decent minimum wages, however, sectoral and cross-industry level collective bargaining is essential and this needs to be promoted and strengthened.

Or. en

Amendment 198 Gheorghe Falcă, Eugen Tomac, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu Winkler, Daniel Buda, Vasile Blaga, Siegfried Mureşan, Ioan-Rareş Bogdan, Loránt Vincze, Cristian-Silviu Buşoi

Proposal for a directive Recital 13

Text proposed by the Commission Amendment

(13) While strong collective bargaining (13) While strong collective bargaining at sector or cross-industry level contributes at sector or cross-industry level contributes to ensuring adequate minimum wage to ensuring minimum wage protection, protection, traditional collective bargaining traditional collective bargaining structures structures have been eroding during the last have been eroding during the last decades. 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.

Or. en

Amendment 199 Peter Lundgren

Proposal for a directive Recital 13

Text proposed by the Commission Amendment

(13) While strong collective bargaining (13) Strong collective bargaining at at sector or cross-industry level contributes sector or cross-industry level contributes to

PE692.765v02-00 72/443 AM\1231713EN.docx EN to ensuring adequate minimum wage ensuring adequate minimum wage protection, traditional collective bargaining protection, traditional collective bargaining structures have been eroding during the structures have been proven to be last decades, in part due to structural successful in some Member States. 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.

Or. en

Amendment 200 Sandra Pereira, José Gusmão

Proposal for a directive Recital 13

Text proposed by the Commission Amendment

(13) While strong collective bargaining (13) Collective bargaining is a at sector or cross-industry level fundamental right, recognised by contributes to ensuring adequate minimum international labour standards, and has a wage protection, traditional collective pivotal role in cementing and improving bargaining structures have been eroding workers’ rights, raising wages and during the last decades, in part due to incomes, reducing and regulating structural shifts in the economy towards working time and patterns, promoting less unionised sectors and to the decline stable employment with rights and in trade union membership related to the reducing precarious work, ensuring increase of atypical and new forms of adequate pay for overtime, and improving work. measures to prevent accidents at work, occupational diseases and psychosocial risks.

Or. pt

Amendment 201 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Recital 13

AM\1231713EN.docx 73/443 PE692.765v02-00 EN Text proposed by the Commission Amendment

(13) While strong collective bargaining (13) While strong collective bargaining at sector or cross-industry level contributes at sector or cross-industry level contributes to ensuring adequate minimum wage to ensuring adequate minimum wage protection, traditional collective bargaining protection, traditional collective bargaining structures have been eroding during the last structures have been eroding during the last decades, in part due to structural shifts in decades, due to labour market the economy towards less unionised sectors deregulation following the financial and to the decline in trade union crisis, structural shifts in the economy membership related to the increase of towards less unionised sectors and to the atypical and new forms of work. decline in trade union membership related to the increase of non-standards and precarious forms of work.

Or. en

Amendment 202 Johan Danielsson, Heléne Fritzon, Marianne Vind

Proposal for a directive Recital 13

Text proposed by the Commission Amendment

(13) While strong collective bargaining (13) While strong collective bargaining at sector or cross-industry level contributes at sector or cross-industry level contributes to ensuring adequate minimum wage to ensuring adequate minimum wage protection, traditional collective bargaining protection in the form of wages stemming structures have been eroding during the last from collective agreements, traditional decades, in part due to structural shifts in collective bargaining structures have been the economy towards less unionised sectors eroding during the last decades, in part due and to the decline in trade union to structural shifts in the economy towards membership related to the increase of less unionised sectors and to the decline in atypical and new forms of work. trade union membership related to the increase of atypical and new forms of work.

Or. en

Amendment 203 Monica Semedo, Atidzhe Alieva-Veli, Abir Al-Sahlani, Jordi Cañas, Samira Rafaela, Dragoș Pîslaru, Marie-Pierre Vedrenne, Ilana Cicurel, Véronique Trillet-Lenoir, Stéphane Bijoux, Sylvie Brunet

PE692.765v02-00 74/443 AM\1231713EN.docx EN Proposal for a directive Recital 13

Text proposed by the Commission Amendment

(13) While strong collective bargaining (13) While strong collective bargaining at sector or cross-industry level contributes at sector or cross-industry level contributes to ensuring adequate minimum wage to ensuring adequate minimum wage protection, traditional collective bargaining protection, traditional collective bargaining structures have been eroding during the structures have seen a declining trend last decades, in part due to structural shifts during the last decades, in part due to in the economy towards less unionised structural shifts in the economy towards sectors and to the decline in trade union less unionised sectors and to the decline in membership related to the increase of trade union membership related to inter atypical and new forms of work. alia the increase of atypical and new forms of work.

Or. en

Amendment 204 Vilija Blinkevičiūtė

Proposal for a directive Recital 13

Text proposed by the Commission Amendment

(13) While strong collective bargaining (13) While strong collective bargaining at sector or cross-industry level contributes at sector or cross-industry level contributes to ensuring adequate minimum wage to ensuring adequate and fair minimum protection, traditional collective bargaining wage protection, traditional collective structures have been eroding during the last bargaining structures have been eroding decades, in part due to structural shifts in during the last decades, in part due to the economy towards less unionised sectors structural shifts in the economy towards and to the decline in trade union less unionised sectors and to the decline in membership related to the increase of trade union membership related to the atypical and new forms of work. increase of atypical and new forms of work.

Or. lt

Amendment 205 Krzysztof Hetman, Jarosław Duda, Sara Skyttedal, Romana Tomc, Radan Kanev

AM\1231713EN.docx 75/443 PE692.765v02-00 EN Proposal for a directive Recital 13

Text proposed by the Commission Amendment

(13) While strong collective bargaining (13) While strong collective bargaining at sector or cross-industry level contributes to ensuring adequate minimum contributes to ensuring adequate minimum wage protection, traditional collective wage protection, traditional collective bargaining structures have been eroding bargaining structures have been eroding during the last decades, in part due to during the last decades, in part due to structural shifts in the economy towards structural shifts in the economy towards less unionised sectors and to the decline in less unionised sectors and to the decline in trade union membership related to the trade union membership related to the increase of atypical and new forms of increase of atypical and new forms of work. work.

Or. en

Justification

Not all national regulations provide for sectoral collective agreements. In some countries, the agreement is concluded at the level of one or more employers or companies and their provisions are not binding for employers in a given sector or area of the economy.

Amendment 206 Anna Zalewska, Elżbieta Rafalska, Beata Szydło

Proposal for a directive Recital 13

Text proposed by the Commission Amendment

(13) While strong collective bargaining (13) While strong collective bargaining at sector or cross-industry level contributes at sector or cross-industry level contributes to ensuring adequate minimum wage to ensuring adequate minimum wage protection, traditional collective bargaining protection, traditional collective bargaining structures have been eroding during the last structures have been eroding during the last decades, in part due to structural shifts in decades, in part due to structural shifts in the economy towards less unionised sectors the economy towards less unionised sectors and to the decline in trade union and to the decline in trade union membership related to the increase of membership related to changes on the atypical and new forms of work. labour market.

Or. pl

PE692.765v02-00 76/443 AM\1231713EN.docx EN Amendment 207 Elisabetta Gualmini, Pierfrancesco Majorino, Brando Benifei

Proposal for a directive Recital 13 a (new)

Text proposed by the Commission Amendment

(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.

Or. en

Amendment 208 Anna Zalewska, Elżbieta Rafalska, Beata Szydło

Proposal for a directive Recital 13 a (new)

Text proposed by the Commission Amendment

(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

AM\1231713EN.docx 77/443 PE692.765v02-00 EN in Europe: A guide to Recommendation No 198, European Labour Law Network 2013

Or. pl

Amendment 209 Radan Kanev

Proposal for a directive Recital 13 a (new)

Text proposed by the Commission Amendment

(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.

Or. en

Amendment 210 Anna Zalewska, Elżbieta Rafalska, Beata Szydło

Proposal for a directive Recital 14

Text proposed by the Commission Amendment

PE692.765v02-00 78/443 AM\1231713EN.docx EN protected by adequate minimum wages, taking into account the outcomes of the social partners’ consultation.

Or. pl

Amendment 211 Krzysztof Hetman, Jarosław Duda, Sara Skyttedal, Romana Tomc, Jeroen Lenaers, Radan Kanev

Proposal for a directive Recital 14

Text proposed by the Commission Amendment

(14) The Commission has consulted (14) The Commission has consulted management and labour in a two-stage management and labour in a two-stage process with regard to possible action to process with regard to possible action to address the challenges related to adequate address the challenges related to adequate minimum wages protection in the Union, in minimum wages protection in the Union, in accordance with Article 154 of the Treaty accordance with Article 154 of the Treaty on the Functioning of the European Union. on the Functioning of the European Union. There was no agreement among the social There was no agreement among the social partners to enter into negotiations with partners to enter into negotiations with regard to those matters. It is, however, regard to those matters. It is, however, important to take action at Union level to important to take action at Union level, ensure that workers in the Union are while preserving the competences of the protected by adequate minimum wages, Member States and respecting the taking into account the outcomes of the principle of subsidiarity, to ensure that social partners’ consultation. workers in the Union are protected by adequate minimum wages, taking into account the outcomes of the social partners’ consultation.

Or. en

Amendment 212 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Recital 14

Text proposed by the Commission Amendment

(14) The Commission has consulted (14) The Commission has consulted

AM\1231713EN.docx 79/443 PE692.765v02-00 EN management and labour in a two-stage management and labour in a two-stage process with regard to possible action to process with regard to possible action to address the challenges related to adequate address the challenges related to decent minimum wages protection in the Union, in and adequate minimum wages protection accordance with Article 154 of the Treaty in the Union, in accordance with Article on the Functioning of the European Union. 154 of the Treaty on the Functioning of the There was no agreement among the social European Union. There was no agreement partners to enter into negotiations with among the social partners to enter into regard to those matters. It is, however, negotiations with regard to those matters. It important to take action at Union level to is, however, important to take action at ensure that workers in the Union are Union level to ensure that workers in the protected by adequate minimum wages, Union are protected by decent and taking into account the outcomes of the adequate minimum wages, taking into social partners’ consultation. account the outcomes of the social partners’ consultation.

Or. en

Amendment 213 Gheorghe Falcă, Eugen Tomac, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu Winkler, Daniel Buda, Vasile Blaga, Siegfried Mureşan, Ioan-Rareş Bogdan, Loránt Vincze, Cristian-Silviu Buşoi

Proposal for a directive Recital 14

Text proposed by the Commission Amendment

(14) The Commission has consulted (14) The Commission has consulted management and labour in a two-stage management and labour in a two-stage process with regard to possible action to process with regard to possible action to address the challenges related to adequate address the challenges related to minimum minimum wages protection in the Union, in wages protection in the Union, in accordance with Article 154 of the Treaty accordance with Article 154 of the Treaty on the Functioning of the European Union. on the Functioning of the European Union. There was no agreement among the social There was no agreement among the social partners to enter into negotiations with partners to enter into negotiations with regard to those matters. It is, however, regard to those matters. It is, however, important to take action at Union level to important to take action at Union level to ensure that workers in the Union are ensure that workers in the Union are protected by adequate minimum wages, protected by minimum wages, taking into taking into account the outcomes of the account the outcomes of the social social partners’ consultation. partners’ consultation.

Or. en

PE692.765v02-00 80/443 AM\1231713EN.docx EN Amendment 214 Margarita de la Pisa Carrión

Proposal for a directive Recital 15

Text proposed by the Commission Amendment

(15) This Directive establishes (15) This Directive establishes certain minimum requirements at Union level to criteria at Union level to ensure both that ensure both that minimum wages are set at minimum wages are adequately set and adequate level and that workers have that workers have access to minimum wage access to minimum wage protection, in the protection, in the form of a statutory form of a statutory minimum wage or in minimum wage or in the form of wages set the form of wages set under collective under collective agreements as defined for agreements as defined for the purpose of the purpose of this Directive. The criteria this Directive. established by this Directive will not prevent the Member States from establishing other criteria that may be more appropriate to their particular context.

Or. es

Amendment 215 Sylvie Brunet, Marie-Pierre Vedrenne, Véronique Trillet-Lenoir, Stéphane Bijoux, Ilana Cicurel, Samira Rafaela, Anna Júlia Donáth, Yana Toom

Proposal for a directive Recital 15

Text proposed by the Commission Amendment

(15) This Directive establishes minimum (15) With a view to improving working requirements at Union level to ensure both and living conditions, upward social that minimum wages are set at adequate convergence and gender equality in the level and that workers have access to Union, this Directive establishes minimum minimum wage protection, in the form of a requirements at Union level to ensure both statutory minimum wage or in the form of that minimum wages are set at adequate wages set under collective agreements as level and that workers have access to defined for the purpose of this Directive. 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.

Or. en

AM\1231713EN.docx 81/443 PE692.765v02-00 EN Amendment 216 Anne Sander

Proposal for a directive Recital 15

Text proposed by the Commission Amendment

(15) This Directive establishes minimum (15) This Directive establishes minimum requirements at Union level to ensure both requirements at Union level to ensure both that minimum wages are set at adequate that minimum wages are set at adequate level and that workers have access to level and that workers have access to minimum wage protection, in the form of a minimum wage protection, in the form of a statutory minimum wage or in the form of statutory minimum wage or in the form of wages set under collective agreements as wages set under collective agreements as defined for the purpose of this Directive. defined for the purpose of this Directive, while respecting the principle of subsidiarity and the national traditions and specificities of each Member State.

Or. fr

Amendment 217 Krzysztof Hetman, Jarosław Duda, Sara Skyttedal, Romana Tomc, Jeroen Lenaers, Radan Kanev

Proposal for a directive Recital 15

Text proposed by the Commission Amendment

(15) This Directive establishes minimum (15) This Directive establishes minimum requirements at Union level to ensure both requirements at Union level, while that minimum wages are set at adequate preserving the competences of the level and that workers have access to Member States and respecting the minimum wage protection, in the form of a principle of subsidiarity, to ensure both statutory minimum wage or in the form of that minimum wages are set at adequate wages set under collective agreements as level and that workers have access to defined for the purpose of this Directive. 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.

Or. en

PE692.765v02-00 82/443 AM\1231713EN.docx EN Amendment 218 Johan Danielsson, Heléne Fritzon, Marianne Vind

Proposal for a directive Recital 15

Text proposed by the Commission Amendment

(15) This Directive establishes minimum (15) This Directive establishes minimum requirements at Union level to ensure both requirements at Union level as regards the that minimum wages are set at adequate establishment of a framework to promote level and that workers have access to that minimum wages are set at adequate minimum wage protection, in the form of a level and that workers have access to statutory minimum wage or in the form of minimum wage protection, in the form of a wages set under collective agreements as statutory minimum wage where it exists or defined for the purpose of this Directive. in the form of wages stemming from collective agreements as defined for the purpose of this Directive.

Or. en

Amendment 219 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Recital 15

Text proposed by the Commission Amendment

(15) This Directive establishes minimum (15) This Directive establishes minimum requirements at Union level to ensure both requirements at Union level to ensure both that minimum wages are set at adequate that minimum wages are set at decent and level and that workers have access to adequate level and that workers have minimum wage protection, in the form of a access to minimum wage protection, in the statutory minimum wage or in the form of form of a statutory minimum wage or in wages set under collective agreements as the form of wages set under collective defined for the purpose of this Directive. agreements as defined for the purpose of this Directive.

Or. en

Amendment 220 Gheorghe Falcă, Eugen Tomac, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu

AM\1231713EN.docx 83/443 PE692.765v02-00 EN Winkler, Daniel Buda, Vasile Blaga, Siegfried Mureşan, Ioan-Rareş Bogdan, Loránt Vincze, Cristian-Silviu Buşoi

Proposal for a directive Recital 15

Text proposed by the Commission Amendment

(15) This Directive establishes (15) This Directive establishes a minimum requirements at Union level to framework at Union level for promoting ensure both that minimum wages are set minimum wages levels and that workers at adequate level and that workers have have access to minimum wage protection, access to minimum wage protection, in the in the form of a statutory minimum wage form of a statutory minimum wage or in or in the form of wages set under collective the form of wages set under collective agreements as defined for the purpose of agreements as defined for the purpose of this Directive. this Directive.

Or. en

Amendment 221 Lukas Mandl

Proposal for a directive Recital 15

Text proposed by the Commission Amendment

(15) This Directive establishes (15) This Directive establishes a minimum requirements at Union level to framework at Union level to ensure both ensure both that minimum wages are set at that minimum wages are set at adequate adequate level and that workers have level and that workers have access to access to minimum wage protection, in the minimum wage protection, in the form of a form of a statutory minimum wage or in statutory minimum wage or in the form of the form of wages set under collective wages set under collective agreements as agreements as defined for the purpose of defined for the purpose of this Directive. this Directive.

Or. en

Amendment 222 Jeroen Lenaers, Miriam Lexmann

Proposal for a directive Recital 15

PE692.765v02-00 84/443 AM\1231713EN.docx EN Text proposed by the Commission Amendment

(15) This Directive establishes (15) This Directive establishes a minimum requirements at Union level to framework at Union level to promote that ensure both that minimum wages are set at minimum wages are set at adequate level adequate level and that workers have and that workers have access to minimum access to minimum wage protection, in the wage protection, in the form of a statutory form of a statutory minimum wage or in minimum wage or in the form of wages set the form of wages set under collective under collective agreements as defined for agreements as defined for the purpose of the purpose of this Directive. this Directive.

Or. en

Amendment 223 Monica Semedo, Atidzhe Alieva-Veli, Jordi Cañas, Samira Rafaela, Dragoș Pîslaru

Proposal for a directive Recital 15

Text proposed by the Commission Amendment

(15) This Directive establishes minimum (15) This Directive establishes minimum requirements at Union level to ensure both requirements at Union level to both that minimum wages are set at adequate improve the adequacy of statutory level and that workers have access to minimum wages and workers access to minimum wage protection, in the form of a minimum wage protection, in the form of a statutory minimum wage or in the form of statutory minimum wage or in the form of wages set under collective agreements as wages set under collective agreements as defined for the purpose of this Directive. defined for the purpose of this Directive.

Or. en

Amendment 224 Johan Danielsson, Heléne Fritzon, Marianne Vind

Proposal for a directive Recital 16

Text proposed by the Commission Amendment

AM\1231713EN.docx 85/443 PE692.765v02-00 EN aims to harmonise the level of minimum aims to harmonise the level of minimum wages across the Union nor to establish an wages across the Union nor to establish an uniform mechanism for setting minimum uniform mechanism for setting minimum wages. It does not interfere with the wages. It does not interfere with the freedom of Member States to set statutory freedom of Member States to set statutory minimum wages or promote access to minimum wages or promote access to minimum wage protection provided by minimum wage protection provided by collective agreements, according to the collective agreements, according to the traditions and specificities of each country traditions and specificities of each country and in full respect of national competences and in full respect of national competences and social partners’ contractual freedom. and social partners’ contractual freedom. This Directive does not impose an This Directive does not impose an obligation on the Member States where obligation on the Member States where minimum wage protection is ensured minimum wage protection is ensured exclusively via collective agreements to exclusively via collective agreements to introduce a statutory minimum wage nor to introduce a statutory minimum wage nor to make the collective agreements universally make the collective agreements universally applicable. Also, this Directive does not applicable. Also, this Directive does not establish the level of pay, which falls establish the level of pay or conditions for within the contractual freedom of the social setting wages, which falls within the partners at national level and within the contractual freedom of the social partners relevant competence of Member States. at national level and within the relevant competence of Member States. The purpose is not to impose any obligation for Member States to take measures demanding the introduction of statutory minimum wages or measures implying that the social partners have an equivalent obligation. This Directive does not oblige Member States to grant access to minimum wage protection to all workers. Such an obligation would directly interfere with the minimum wage coverage and the determination of pay in the Member States and therefore fall under the exception of Article 153(5) of the Treaty on the Functioning of the European Union. Nothing in this Directive should be construed as creating rights for individuals.

Or. en

Amendment 225 Abir Al-Sahlani, Engin Eroglu, Morten Petersen, Karen Melchior, Morten Løkkegaard, Linea Søgaard-Lidell, Asger Christensen, Søren Gade, Andrus Ansip, Karin Karlsbro, Martina Dlabajová, Dita Charanzová, Martin Hlaváček, Ondřej Knotek, Ondřej

PE692.765v02-00 86/443 AM\1231713EN.docx EN Kovařík, Bart Groothuis, Caroline Nagtegaal, Malik Azmani, Jan Huitema, Liesje Schreinemacher

Proposal for a directive Recital 16

Text proposed by the Commission Amendment

(16) In full respect of Article 153(5) of (16) In full respect of Article 153(5) of the Treaty on the Functioning of the the Treaty on the Functioning of the European Union, this Directive neither European Union, this Directive neither aims to harmonise the level of minimum aims to harmonise the level of minimum wages across the Union nor to establish an wages across the Union nor to establish an uniform mechanism for setting minimum uniform mechanism for setting minimum wages. It does not interfere with the wages. It does not interfere with the freedom of Member States to set statutory freedom of Member States to set statutory minimum wages or promote access to minimum wages or promote access to minimum wage protection provided by minimum wage protection provided by collective agreements, according to the collective agreements, according to the traditions and specificities of each country traditions and specificities of each country and in full respect of national competences and in full respect of national competences and social partners’ contractual freedom. and social partners’ contractual freedom. This Directive does not impose an This Directive does not impose an obligation on the Member States where obligation on the Member States where minimum wage protection is ensured minimum wage protection is ensured exclusively via collective agreements to exclusively via collective agreements to introduce a statutory minimum wage nor to introduce a statutory minimum wage nor to make the collective agreements universally make the collective agreements universally applicable. Also, this Directive does not applicable. Also, this Directive does not establish the level of pay, which falls establish the level of pay, which falls within the contractual freedom of the social within the contractual freedom of the social partners at national level and within the partners at national level and within the relevant competence of Member States. 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.

AM\1231713EN.docx 87/443 PE692.765v02-00 EN Or. en

Amendment 226 Anna Zalewska, Elżbieta Rafalska, Beata Szydło

Proposal for a directive Recital 16

Text proposed by the Commission Amendment

Or. pl

Amendment 227 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Recital 16

PE692.765v02-00 88/443 AM\1231713EN.docx EN Text proposed by the Commission Amendment

(16) In full respect of Article 153(5) of (16) In full respect of Article 153(5) of the Treaty on the Functioning of the the Treaty on the Functioning of the European Union, this Directive neither European Union, this Directive neither aims to harmonise the level of minimum aims to harmonise the level of minimum wages across the Union nor to establish an wages across the Union nor to establish an uniform mechanism for setting minimum uniform mechanism for setting minimum wages. It does not interfere with the wages. It does not interfere with the freedom of Member States to set statutory freedom of Member States to set statutory minimum wages or promote access to minimum wages and to promote access to minimum wage protection provided by minimum wage protection provided by collective agreements, according to the collective agreements or to promote access traditions and specificities of each country to minimum wage protection provided by and in full respect of national competences collective agreements only , according to and social partners’ contractual freedom. the traditions and specificities of each This Directive does not impose an country and in full respect of national obligation on the Member States where competences and the social partners’ minimum wage protection is ensured autonomy to conclude agreements. This exclusively via collective agreements to Directive does not impose an obligation on introduce a statutory minimum wage nor to the Member States where minimum wage make the collective agreements universally protection is ensured exclusively via applicable. Also, this Directive does not collective agreements to introduce a establish the level of pay, which falls statutory minimum wage nor to make the within the contractual freedom of the collective agreements universally social partners at national level and within applicable. Also, this Directive does not the relevant competence of Member States. establish the level of pay, which falls within the autonomy of the social partners to conclude agreements at national level and within the relevant competence of Member States.

Or. en

Amendment 228 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Recital 16

Text proposed by the Commission Amendment

AM\1231713EN.docx 89/443 PE692.765v02-00 EN aims to harmonise the level of minimum aims to harmonise the level of minimum wages across the Union nor to establish an wages across the Union nor to establish an uniform mechanism for setting minimum uniform mechanism for setting minimum wages. It does not interfere with the wages. It does however aim to set freedom of Member States to set statutory thresholds for minimum wages to raise minimum wages or promote access to living conditions and avoid poverty in the minimum wage protection provided by Union. It does not interfere with the collective agreements, according to the freedom of Member States to set statutory traditions and specificities of each country minimum wages and promote access to and in full respect of national competences minimum wage protection provided by and social partners’ contractual freedom. collective agreements, according to the This Directive does not impose an traditions and specificities of each country obligation on the Member States where and in full respect of national competences minimum wage protection is ensured and social partners’ contractual freedom. exclusively via collective agreements to This Directive does not impose an introduce a statutory minimum wage nor to obligation on the Member States where make the collective agreements universally minimum wage protection is ensured applicable. Also, this Directive does not exclusively via collective agreements to establish the level of pay, which falls introduce a statutory minimum wage nor to within the contractual freedom of the social make the collective agreements universally partners at national level and within the applicable. Also, this Directive does not relevant competence of Member States. 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.

Or. en

Amendment 229 Peter Lundgren

Proposal for a directive Recital 16

Text proposed by the Commission Amendment

PE692.765v02-00 90/443 AM\1231713EN.docx EN traditions and specificities of each country traditions and specificities of each country and in full respect of national competences and in full respect of national competences and social partners’ contractual freedom. and social partners’ contractual freedom. This Directive does not impose an This Directive does not impose an obligation on the Member States where obligation on the Member States where minimum wage protection is ensured minimum wage protection is ensured either exclusively via collective agreements to exclusively or in any way via collective introduce a statutory minimum wage nor to agreements to introduce a statutory make the collective agreements universally minimum wage nor to make the collective applicable. Also, this Directive does not agreements universally applicable. Also, establish the level of pay, which falls this Directive does not establish the level within the contractual freedom of the social of pay, which falls within the contractual partners at national level and within the freedom of the social partners at national relevant competence of Member States. level and within the relevant competence of Member States.

Or. en

Justification

No country has no legislation what so ever regarding wages, high risk of the European Court of Justice interpreting this into a legislation that covers all member states if the term “exclusively” is used only.

Amendment 230 Margarita de la Pisa Carrión

Proposal for a directive Recital 16

Text proposed by the Commission Amendment

AM\1231713EN.docx 91/443 PE692.765v02-00 EN obligation on the Member States where protection is ensured exclusively via minimum wage protection is ensured collective agreements to introduce a exclusively via collective agreements to statutory minimum wage nor to make the introduce a statutory minimum wage nor to collective agreements universally make the collective agreements universally applicable. Also, this Directive does not applicable. Also, this Directive does not establish the level of pay, which falls establish the level of pay, which falls within the contractual freedom of the social within the contractual freedom of the social partners at national level and within the partners at national level and within the relevant competence of Member States. relevant competence of Member States.

Or. es

Amendment 231 Dominique Bilde

Proposal for a directive Recital 16 a (new)

Text proposed by the Commission Amendment

(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.

Or. fr

Amendment 232 Johan Danielsson, Heléne Fritzon, Marianne Vind

Proposal for a directive Recital 16 a (new)

Text proposed by the Commission Amendment

(16 a) This Directive only establishes obligations for Member States as of effort

PE692.765v02-00 92/443 AM\1231713EN.docx EN 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.

Or. en

Amendment 233 Peter Lundgren

Proposal for a directive Recital 16 a (new)

Text proposed by the Commission Amendment

(16 a) This Directive should not apply to the Kingdom of Sweden in any of its provisions.

Or. en

Justification

The Swedish labour market model have brought great stability and labour peace which is seriously at threat if the EU should set wages instead.

Amendment 234 Johan Danielsson, Heléne Fritzon, Marianne Vind, Nikolaj Villumsen, Kira Marie Peter-Hansen

Proposal for a directive Recital 16 b (new)

Text proposed by the Commission Amendment

(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

AM\1231713EN.docx 93/443 PE692.765v02-00 EN 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%.

Or. en

Amendment 235 Johan Danielsson, Heléne Fritzon

Proposal for a directive Recital 16 c (new)

Text proposed by the Commission Amendment

(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,

PE692.765v02-00 94/443 AM\1231713EN.docx EN 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%.

Or. en

Amendment 236 Dominique Bilde

Proposal for a directive Recital 17

Text proposed by the Commission Amendment

(17) This Directive should apply to deleted workers who have an employment contract or employment relationship as defined by the law, collective agreements or practice in force in each Member State, taking into consideration 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-

AM\1231713EN.docx 95/443 PE692.765v02-00 EN employed, platform workers, 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.

Or. fr

Amendment 237 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, Leila Chaibi, José Gusmão

Proposal for a directive Recital 17

Text proposed by the Commission Amendment

PE692.765v02-00 96/443 AM\1231713EN.docx EN workers, trainees and apprentices could national law, seafarers, domestic workers, fall within the scope of this Directive. on-demand workers, intermittent workers, Genuinely self-employed persons do not voucher based-workers, bogus self- fall within the scope of this Directive since employed people, self-employed persons, they do not fulfil those criteria. The abuse platform workers, trainees falls within the of the status of self-employed persons, as scope of this directive, apprentices should defined in national law, either at national fall within the scope of this Directive on level or in cross-border situations, is a form the basis of national law and practice. The of falsely declared work that is frequently abuse of the status of self-employed associated with undeclared work. Bogus persons, as defined in national law, either self-employment occurs when a person is at national level or in cross-border declared to be self-employed while situations, is a form of falsely declared fulfilling the conditions characteristic of an work that is frequently associated with employment relationship, in order to avoid undeclared work. Bogus self-employment certain legal or fiscal obligations. Such occurs when a person is declared to be self- persons should fall within the scope of this employed while fulfilling the conditions Directive. The determination of the characteristic of an employment existence of an employment relationship relationship, in order to avoid certain legal should be guided by the facts relating to or fiscal obligations. Such persons should the actual performance of the work and not fall within the scope of this Directive. The by the parties' description of the determination of the existence of an relationship. 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. Member States should take into account the much weaker situation of bogus self- employed people by reversing the burden of proof and introducing a rebuttable presumption that bogus self-employed persons are considered to be workers. The Member States should take into consideration to apply this also for other vulnerable and disadvantaged groups of workers, whose situation is formally equal but in practice it is often much weaker in relation to an employer and before the court. In case the payment of minimum wages is questioned and in this regard the status as worker is unclear. Member States should take into consideration to implement a group/ collective action that trade unions could lodge a complaint.

Or. en

AM\1231713EN.docx 97/443 PE692.765v02-00 EN Amendment 238 Radan Kanev

Proposal for a directive Recital 17

Text proposed by the Commission Amendment

(17) This Directive should apply to (17) This Directive should apply to workers who have an employment contract workers who have an employment contract or employment relationship as defined by or employment relationship as defined by the law, collective agreements or practice the law, collective agreements or practice in force in each Member State, with in force in each Member State, with consideration to the criteria established by consideration to the criteria established by the Court of Justice of the European Union the Court of Justice of the European Union for determining the status of a worker. for determining the status of a worker. Provided that they fulfil those criteria, Provided that they fulfil those criteria, domestic workers, on-demand workers, workers in both the private and the public intermittent workers, voucher based- sector, workers whose pay is calculated on workers, bogus self-employed, platform the basis of output, where permitted by workers, trainees and apprentices could fall national law, domestic workers, on- within the scope of this Directive. demand workers, intermittent workers, Genuinely self-employed persons do not voucher-based workers, bogus self- fall within the scope of this Directive since employed persons, platform workers, part- they do not fulfil those criteria. The abuse time workers, other non-standard of the status of self-employed persons, as workers, trainees and apprentices could fall defined in national law, either at national within the scope of this Directive. level or in cross-border situations, is a form Genuinely self-employed persons do not of falsely declared work that is frequently fall within the scope of this Directive since associated with undeclared work. Bogus they do not fulfil those criteria. The abuse self-employment occurs when a person is of the status of self-employed persons, as declared to be self-employed while defined in national law, either at national fulfilling the conditions characteristic of an level or in cross-border situations, is a form employment relationship, in order to avoid of falsely declared work that is frequently certain legal or fiscal obligations. Such associated with undeclared work. Bogus persons should fall within the scope of this self-employment occurs when a person is Directive. The determination of the declared to be self-employed while existence of an employment relationship fulfilling the conditions characteristic of an should be guided by the facts relating to employment relationship, in order to avoid the actual performance of the work and not certain legal or fiscal obligations. Such by the parties' description of the persons should fall within the scope of this relationship. 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.

Or. en

PE692.765v02-00 98/443 AM\1231713EN.docx EN Amendment 239 Jessica Polfjärd, Sara Skyttedal, Tomas Tobé, Jörgen Warborn, Arba Kokalari, David Lega

Proposal for a directive Recital 17

Text proposed by the Commission Amendment

(17) This Directive should apply to (17) This Directive should apply to workers who have an employment contract workers who have an employment contract or employment relationship as defined by or employment relationship as defined by the law, collective agreements or practice the law, collective agreements or practice in force in each Member State, with in force in each Member State. Provided consideration to the criteria established by that they fulfil those criteria, domestic the Court of Justice of the European workers, on-demand workers, intermittent Union for determining the status of a workers, voucher based-workers, bogus worker. Provided that they fulfil those self-employed, platform workers, trainees criteria, domestic workers, on-demand and apprentices could fall within the scope workers, intermittent workers, voucher of this Directive. Genuinely self-employed based-workers, bogus self-employed, persons do not fall within the scope of this platform workers, trainees and apprentices Directive since they do not fulfil those could fall within the scope of this criteria. The abuse of the status of self- Directive. Genuinely self-employed employed persons, as defined in national persons do not fall within the scope of this law, either at national level or in cross- Directive since they do not fulfil those border situations, is a form of falsely criteria. The abuse of the status of self- declared work that is frequently associated employed persons, as defined in national with undeclared work. Bogus self- law, either at national level or in cross- employment occurs when a person is border situations, is a form of falsely declared to be self-employed while declared work that is frequently associated fulfilling the conditions characteristic of an with undeclared work. Bogus self- employment relationship, in order to avoid employment occurs when a person is certain legal or fiscal obligations. Such declared to be self-employed while persons should fall within the scope of this fulfilling the conditions characteristic of an Directive. The determination of the employment relationship, in order to avoid existence of an employment relationship certain legal or fiscal obligations. Such should be guided by the facts relating to persons should fall within the scope of this the actual performance of the work and not Directive. The determination of the by the parties' description of the existence of an employment relationship relationship. should be guided by the facts relating to the actual performance of the work and not by the parties' description of the relationship.

Or. en

AM\1231713EN.docx 99/443 PE692.765v02-00 EN Amendment 240 Daniela Rondinelli, Chiara Gemma

Proposal for a directive Recital 17

Text proposed by the Commission Amendment

(17) This Directive should apply to (17) This Directive should apply to workers who have an employment contract workers who have an employment contract or employment relationship as defined by or employment relationship as defined by the law, collective agreements or practice the law, collective agreements or practice in force in each Member State, with in force in each Member State, with consideration to the criteria established by consideration to the criteria established by the Court of Justice of the European Union the Court of Justice of the European Union for determining the status of a worker. for determining the status of a worker. Provided that they fulfil those criteria, Provided that they fulfil those criteria, domestic workers, on-demand workers, workers in both the private and the public intermittent workers, voucher based- sectors, workers whose pay is calculated workers, bogus self-employed, platform on the basis of output, where permitted by workers, trainees and apprentices could fall national law, domestic workers, on- within the scope of this Directive. demand workers, intermittent workers, Genuinely self-employed persons do not voucher based-workers, bogus self- fall within the scope of this Directive since employed persons, platform workers, other they do not fulfil those criteria. The abuse non-standard workers, trainees and of the status of self-employed persons, as apprentices should fall within the scope of defined in national law, either at national this Directive. The abuse of the status of level or in cross-border situations, is a form self-employed persons, as defined in of falsely declared work that is frequently national law, either at national level or in associated with undeclared work. Bogus cross-border situations, is a form of falsely self-employment occurs when a person is declared work that is frequently associated declared to be self-employed while with undeclared work. Bogus self- fulfilling the conditions characteristic of an employment occurs when a person is employment relationship, in order to avoid declared to be self-employed while certain legal or fiscal obligations. Such fulfilling the conditions characteristic of an persons should fall within the scope of this employment relationship, in order to avoid Directive. The determination of the certain legal or fiscal obligations. Such existence of an employment relationship persons should fall within the scope of this should be guided by the facts relating to Directive. The determination of the the actual performance of the work and not existence of an employment relationship by the parties’ description of the should be guided by the facts relating to relationship. the actual performance of the work and not by the parties’ description of the relationship.

Or. it

PE692.765v02-00 100/443 AM\1231713EN.docx EN Amendment 241 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Recital 17

Text proposed by the Commission Amendment

(17) This Directive should apply to (17) This Directive should apply to workers who have an employment contract workers who have an employment contract or employment relationship as defined by or employment relationship as defined by the law, collective agreements or practice the law, collective agreements or practice in force in each Member State, with in force in each Member State, with consideration to the criteria established by consideration to the criteria established by the Court of Justice of the European Union the Court of Justice of the European Union for determining the status of a worker. for determining the status of a worker. Provided that they fulfil those criteria, Provided that they fulfil those criteria, domestic workers, on-demand workers, domestic workers, workers in the care intermittent workers, voucher based- sector, on-demand workers, intermittent workers, bogus self-employed, platform workers, voucher based-workers, bogus workers, trainees and apprentices could fall self-employed, platform workers, workers within the scope of this Directive. in sheltered employment trainees and Genuinely self-employed persons do not apprentices should fall within the scope of fall within the scope of this Directive since this Directive. The abuse of the status of they do not fulfil those criteria. The abuse self-employed persons, as defined in of the status of self-employed persons, as national law, either at national level or in defined in national law, either at national cross-border situations, is a form of falsely level or in cross-border situations, is a form declared work that is frequently associated of falsely declared work that is frequently with undeclared work. Bogus self- associated with undeclared work. Bogus employment occurs when a person is self-employment occurs when a person is declared to be self-employed while declared to be self-employed while fulfilling the conditions characteristic of an fulfilling the conditions characteristic of an employment relationship, in order to avoid employment relationship, in order to avoid certain legal or fiscal obligations. Such certain legal or fiscal obligations. Such persons should fall within the scope of this persons should fall within the scope of this Directive. The determination of the Directive. The determination of the existence of an employment relationship existence of an employment relationship should be guided by the facts relating to should be guided by the facts relating to the actual performance of the work and not the actual performance of the work and not by the parties' description of the by the parties' description of the relationship. relationship.

Or. en

AM\1231713EN.docx 101/443 PE692.765v02-00 EN Amendment 242 Brando Benifei, Pierfrancesco Majorino, Elisabetta Gualmini

Proposal for a directive Recital 17

Text proposed by the Commission Amendment

(17) This Directive should apply to (17) This Directive should apply to workers who have an employment contract workers who have an employment contract or employment relationship as defined by or employment relationship as defined by the law, collective agreements or practice the law, collective agreements or practice in force in each Member State, with in force in each Member State, with consideration to the criteria established by consideration to the criteria established by the Court of Justice of the European Union the Court of Justice of the European Union for determining the status of a worker. for determining the status of a worker. Provided that they fulfil those criteria, Provided that they fulfil those criteria, domestic workers, on-demand workers, domestic workers, on-demand workers, intermittent workers, voucher based- intermittent workers, voucher based- workers, bogus self-employed, platform workers, bogus self-employed, platform workers, trainees and apprentices could fall workers, workers in sheltered within the scope of this Directive. employment, trainees and apprentices Genuinely self-employed persons do not could fall within the scope of this fall within the scope of this Directive since Directive. Genuinely self-employed they do not fulfil those criteria. The abuse persons do not fall within the scope of this of the status of self-employed persons, as Directive since they do not fulfil those defined in national law, either at national criteria. The abuse of the status of self- level or in cross-border situations, is a form employed persons, as defined in national of falsely declared work that is frequently law, either at national level or in cross- associated with undeclared work. Bogus border situations, is a form of falsely self-employment occurs when a person is declared work that is frequently associated declared to be self-employed while with undeclared work. Bogus self- fulfilling the conditions characteristic of an employment occurs when a person is employment relationship, in order to avoid declared to be self-employed while certain legal or fiscal obligations. Such fulfilling the conditions characteristic of an persons should fall within the scope of this employment relationship, in order to avoid Directive. The determination of the certain legal or fiscal obligations. Such existence of an employment relationship persons should fall within the scope of this should be guided by the facts relating to Directive. The determination of the the actual performance of the work and not existence of an employment relationship by the parties' description of the should be guided by the facts relating to relationship. the actual performance of the work and not by the parties' description of the relationship.

Or. en

PE692.765v02-00 102/443 AM\1231713EN.docx EN Amendment 243 Stelios Kympouropoulos

Proposal for a directive Recital 17

Text proposed by the Commission Amendment

(17) This Directive should apply to (17) This Directive should apply to workers who have an employment contract workers who have an employment contract or employment relationship as defined by or employment relationship as defined by the law, collective agreements or practice the law, collective agreements or practice in force in each Member State, with in force in each Member State, with consideration to the criteria established by consideration to the criteria established by the Court of Justice of the European Union the Court of Justice of the European Union for determining the status of a worker. for determining the status of a worker. Provided that they fulfil those criteria, Provided that they fulfil those criteria, domestic workers, on-demand workers, domestic workers, on-demand workers, intermittent workers, voucher based- intermittent workers, voucher based- workers, bogus self-employed, platform workers, bogus self-employed, platform workers, trainees and apprentices could fall workers, workers in sheltered workshops, within the scope of this Directive. trainees and apprentices could fall within Genuinely self-employed persons do not the scope of this Directive. Genuinely self- fall within the scope of this Directive since employed persons do not fall within the they do not fulfil those criteria. The abuse scope of this Directive since they do not of the status of self-employed persons, as fulfil those criteria. The abuse of the status defined in national law, either at national of self-employed persons, as defined in level or in cross-border situations, is a form national law, either at national level or in of falsely declared work that is frequently cross-border situations, is a form of falsely associated with undeclared work. Bogus declared work that is frequently associated self-employment occurs when a person is with undeclared work. Bogus self- declared to be self-employed while employment occurs when a person is fulfilling the conditions characteristic of an declared to be self-employed while employment relationship, in order to avoid fulfilling the conditions characteristic of an certain legal or fiscal obligations. Such employment relationship, in order to avoid persons should fall within the scope of this certain legal or fiscal obligations. Such Directive. The determination of the persons should fall within the scope of this existence of an employment relationship Directive. The determination of the should be guided by the facts relating to existence of an employment relationship the actual performance of the work and not should be guided by the facts relating to by the parties' description of the the actual performance of the work and not relationship. by the parties' description of the relationship.

Or. en

AM\1231713EN.docx 103/443 PE692.765v02-00 EN Amendment 244 Leila Chaibi, Manon Aubry, Manuel Bompard, Emmanuel Maurel, Younous Omarjee, Anne-Sophie Pelletier, Eugenia Rodríguez Palop, José Gusmão

Proposal for a directive Recital 17

Text proposed by the Commission Amendment

(17) This Directive should apply to (17) This Directive should apply to workers who have an employment contract workers who have an employment contract or employment relationship as defined by or employment relationship as defined by the law, collective agreements or practice the law, collective agreements or practice in force in each Member State, with in force in each Member State, with consideration to the criteria established by consideration to the criteria established by the Court of Justice of the European Union the Court of Justice of the European Union for determining the status of a worker. for determining the status of a worker. Provided that they fulfil those criteria, Provided that they fulfil those criteria, domestic workers, on-demand workers, seafarers, domestic workers, on-demand intermittent workers, voucher-based workers, intermittent workers, voucher workers, bogus self-employed, platform based-workers, bogus self-employed, workers, trainees and apprentices could fall platform workers, trainees and apprentices within the scope of this Directive. could fall within the scope of this Genuinely self-employed persons do not Directive. Genuinely self-employed fall within the scope of this Directive since persons do not fall within the scope of this they do not fulfil those criteria. The abuse Directive since they do not fulfil those of the status of self-employed persons, as criteria. The abuse of the status of self- defined in national law, either at national employed persons, as defined in national level or in cross-border situations, is a form law, either at national level or in cross- of falsely declared work that is frequently border situations, is a form of falsely associated with undeclared work. Bogus declared work that is frequently associated self-employment occurs when a person is with undeclared work. Bogus self- declared to be self-employed while employment occurs when a person is fulfilling the conditions characteristic of an declared to be self-employed while employment relationship, in order to avoid fulfilling the conditions characteristic of an certain legal or fiscal obligations. Such employment relationship, in order to avoid persons should fall within the scope of this certain legal or fiscal obligations. Such Directive. The determination of the persons should fall within the scope of this existence of an employment relationship Directive. The determination of the should be guided by the facts relating to existence of an employment relationship the actual performance of the work and not should be guided by the facts relating to by the parties’ description of the the actual performance of the work and not relationship. by the parties’ description of the relationship.

Or. fr

PE692.765v02-00 104/443 AM\1231713EN.docx EN Amendment 245 Klára Dobrev

Proposal for a directive Recital 17

Text proposed by the Commission Amendment

(17) This Directive should apply to (17) This Directive should apply to workers who have an employment contract workers who have an employment contract or employment relationship as defined by or employment relationship as defined by the law, collective agreements or practice the law, collective agreements or practice in force in each Member State, with in force in each Member State, with consideration to the criteria established by consideration to the criteria established by the Court of Justice of the European Union the Court of Justice of the European Union for determining the status of a worker. for determining the status of a worker. Provided that they fulfil those criteria, Provided that they fulfil those criteria, domestic workers, on-demand workers, public workers, domestic workers, on- intermittent workers, voucher based- demand workers, intermittent workers, workers, bogus self-employed, platform voucher based-workers, bogus self- workers, trainees and apprentices could fall employed, platform workers, trainees and within the scope of this Directive. apprentices could fall within the scope of Genuinely self-employed persons do not this Directive. Genuinely self-employed fall within the scope of this Directive since persons do not fall within the scope of this they do not fulfil those criteria. The abuse Directive since they do not fulfil those of the status of self-employed persons, as criteria. The abuse of the status of self- defined in national law, either at national employed persons, as defined in national level or in cross-border situations, is a form law, either at national level or in cross- of falsely declared work that is frequently border situations, is a form of falsely associated with undeclared work. Bogus declared work that is frequently associated self-employment occurs when a person is with undeclared work. Bogus self- declared to be self-employed while employment occurs when a person is fulfilling the conditions characteristic of an declared to be self-employed while employment relationship, in order to avoid fulfilling the conditions characteristic of an certain legal or fiscal obligations. Such employment relationship, in order to avoid persons should fall within the scope of this certain legal or fiscal obligations. Such Directive. The determination of the persons should fall within the scope of this existence of an employment relationship Directive. The determination of the should be guided by the facts relating to existence of an employment relationship the actual performance of the work and not should be guided by the facts relating to by the parties' description of the the actual performance of the work and not relationship. by the parties' description of the relationship.

Or. en

AM\1231713EN.docx 105/443 PE692.765v02-00 EN Amendment 246 Sandra Pereira, José Gusmão

Proposal for a directive Recital 17

Text proposed by the Commission Amendment

(17) This Directive should apply to (17) This Directive should apply to all workers who have an employment contract workers who have an employment contract or employment relationship as defined by or employment relationship as defined by the law, collective agreements or practice the law, collective agreements or practice in force in each Member State, with in force in each Member State, and to self- consideration to the criteria established by employed persons who are economically the Court of Justice of the European dependent on the contracting entity. Union for determining the status of a Domestic workers, on-demand workers, worker. Provided that they fulfil those intermittent workers, voucher-based criteria, domestic workers, on-demand workers, bogus self-employed, platform workers, intermittent workers, voucher- workers, trainees and apprentices could fall based workers, bogus self-employed, within the scope of this Directive. platform workers, trainees and apprentices Genuinely self-employed persons do not could fall within the scope of this fall within the scope of this Directive since Directive. Genuinely self-employed they do not fulfil those criteria. The abuse persons do not fall within the scope of this of the status of self-employed persons, as Directive since they do not fulfil those defined in national law, either at national criteria. The abuse of the status of self- level or in cross-border situations, is a form employed persons, as defined in national of falsely declared work that is frequently law, either at national level or in cross- associated with undeclared work. Bogus border situations, is a form of falsely self-employment occurs when a person is declared work that is frequently associated declared to be self-employed while with undeclared work. Bogus self- fulfilling the conditions characteristic of an employment occurs when a person is employment relationship, in order to avoid declared to be self-employed while certain legal or fiscal obligations. Such fulfilling the conditions characteristic of an persons should fall within the scope of this employment relationship, in order to avoid Directive. The determination of the certain legal or fiscal obligations. Such existence of an employment relationship persons should fall within the scope of this should be guided by the facts relating to Directive. The determination of the the actual performance of the work, in existence of an employment relationship particular economic dependence, and not should be guided by the facts relating to by the parties’ description of the the actual performance of the work and not relationship. by the parties’ description of the relationship.

Or. pt

PE692.765v02-00 106/443 AM\1231713EN.docx EN Amendment 247 Eugen Tomac, Marian-Jean Marinescu, Vasile Blaga, Daniel Buda, Siegfried Mureşan, Gheorghe Falcă

Proposal for a directive Recital 17

Text proposed by the Commission Amendment

(17) This Directive should apply to (17) This Directive should apply to workers who have an employment contract workers who have an employment contract or employment relationship as defined by or employment relationship as defined by the law, collective agreements or practice law, collective agreements or practice in in force in each Member State, with force in each Member State, with consideration to the criteria established by consideration to the criteria established in the Court of Justice of the European collaboration and/or cooperation with the Union for determining the status of a social partners for determining the status worker. Provided that they fulfil those of a worker. Provided that they fulfil those criteria, domestic workers, on-demand criteria, domestic workers, on-demand workers, intermittent workers, voucher workers, intermittent workers, voucher based-workers, bogus self-employed, based-workers, bogus self-employed, platform workers, trainees and apprentices platform workers, trainees and apprentices could fall within the scope of this could fall within the scope of this Directive. Genuinely self-employed Directive. Genuinely self-employed persons do not fall within the scope of this persons do not fall within the scope of this Directive since they do not fulfil those Directive since they do not fulfil those criteria. The abuse of the status of self- criteria. The abuse of the status of self- employed persons, as defined in national employed persons, as defined in national law, either at national level or in cross- law, either at national level or in cross- border situations, is a form of falsely border situations, is a form of falsely declared work that is frequently associated declared work that is frequently associated with undeclared work. Bogus self- with undeclared work. Bogus self- employment occurs when a person is employment occurs when a person is declared to be self-employed while declared to be self-employed while fulfilling the conditions characteristic of an fulfilling the conditions characteristic of an employment relationship, in order to avoid employment relationship, in order to avoid certain legal or fiscal obligations. Such certain legal or fiscal obligations. Such persons should fall within the scope of this persons should fall within the scope of this Directive. The determination of the Directive. The determination of the existence of an employment relationship existence of an employment relationship should be guided by the facts relating to should be guided by the facts relating to the actual performance of the work and not the actual performance of the work and not by the parties' description of the by the parties' description of the relationship. relationship.

Or. en

AM\1231713EN.docx 107/443 PE692.765v02-00 EN Amendment 248 Radan Kanev

Proposal for a directive Recital 17 a (new)

Text proposed by the Commission Amendment

(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.

Or. en

Amendment 249 Jeroen Lenaers, Miriam Lexmann

Proposal for a directive Recital 17 a (new)

Text proposed by the Commission Amendment

(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

PE692.765v02-00 108/443 AM\1231713EN.docx EN 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.

Or. en

Amendment 250 Konstantinos Arvanitis

Proposal for a directive Recital 17 a (new)

Text proposed by the Commission Amendment

(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.

Or. el

Amendment 251 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Recital 17 a (new)

Text proposed by the Commission Amendment

(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

AM\1231713EN.docx 109/443 PE692.765v02-00 EN standards and legislation, to ensure good decent and quality working conditions and to safeguard workers’ physical and mental well-being.

Or. en

Amendment 252 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Recital 17 b (new)

Text proposed by the Commission Amendment

(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.

Or. en

Justification

e.g. a cleaning person needs to clean 30 qm instead of 20 qm per hour.

Amendment 253 Radan Kanev

Proposal for a directive Recital 18

Text proposed by the Commission Amendment

(18) Well-functioning collective (18) Collective bargaining should in bargaining on wage setting is an important any event be interpreted in line with ILO means to ensure that workers are protected Conventions 98 on the Right to Organise by adequate minimum wages. In the and Collective Bargaining and 154 on Member States with statutory minimum Collective Bargaining, and ILO wages, collective bargaining supports Recommendation 91 on Collective general wage developments and therefore Agreements. Well-functioning collective

PE692.765v02-00 110/443 AM\1231713EN.docx EN contributes to improving the adequacy of bargaining on wage setting is an important minimum wages. In the Member States means to ensure that workers are protected where minimum wage protection is by adequate and fair minimum wages and provided exclusively by collective that minimum wage arrangements bargaining, their level as well as the share adequately reflect national, regional and of protected workers are directly sectoral economic realities. In the Member determined by the functioning of the States with statutory minimum wages, collective bargaining system and collective collective bargaining supports general bargaining coverage. Strong and well- wage developments and therefore functioning collective bargaining together contributes to improving the adequacy of with a high coverage of sectorial or cross- minimum wages. In the Member States industry collective agreements strengthen where minimum wage protection is the adequacy and the coverage of provided exclusively by collective minimum wages. 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 regional, sectorial or cross-industry collective agreements strengthen the adequacy and the coverage of minimum wages.

Or. en

Amendment 254 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Recital 18

Text proposed by the Commission Amendment

(18) Well-functioning collective (18) The interpretation of collective bargaining on wage setting is an important bargaining should be based on means to ensure that workers are protected Convention 98 on the Right to organise by adequate minimum wages. In the and collective bargaining and Convention Member States with statutory minimum 154 on collective bargaining and wages, collective bargaining supports Recommendation 91 on collective general wage developments and therefore agreements. Well-functioning collective contributes to improving the adequacy of bargaining on wage setting is an important minimum wages. In the Member States means to ensure that workers are protected where minimum wage protection is by decent and adequate minimum wages. provided exclusively by collective In the Member States with statutory bargaining, their level as well as the share minimum wages, collective bargaining of protected workers are directly supports general wage developments and

AM\1231713EN.docx 111/443 PE692.765v02-00 EN determined by the functioning of the therefore contributes to improving the collective bargaining system and collective adequacy of minimum wages. In the bargaining coverage. Strong and well- Member States where minimum wage functioning collective bargaining together protection is provided exclusively by with a high coverage of sectorial or cross- collective bargaining, their level as well as industry collective agreements strengthen the share of protected workers are directly the adequacy and the coverage of determined by the functioning of the minimum wages. 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.

Or. en

Amendment 255 Johan Danielsson, Heléne Fritzon, Marianne Vind

Proposal for a directive Recital 18

Text proposed by the Commission Amendment

(18) Well-functioning collective (18) Well-functioning collective bargaining on wage setting is an important bargaining on wage setting is an important means to ensure that workers are protected means to ensure that workers are protected by adequate minimum wages. In the by adequate minimum wages, in the form Member States with statutory minimum of wages stemming from collective wages, collective bargaining supports agreements In the Member States with general wage developments and therefore statutory minimum wages, collective contributes to improving the adequacy of bargaining supports general wage minimum wages. In the Member States developments and therefore contributes to where minimum wage protection is improving the adequacy of minimum provided exclusively by collective wages, in the form of wages stemming bargaining, their level as well as the share from collective agreements In the Member of protected workers are directly States where minimum wage protection, in determined by the functioning of the the form of wages stemming from collective bargaining system and collective collective agreements, is provided by bargaining coverage. Strong and well- collective bargaining, their level as well as functioning collective bargaining together the share of protected workers are directly with a high coverage of sectorial or cross- determined by the functioning of the industry collective agreements strengthen collective bargaining system and collective the adequacy and the coverage of bargaining coverage. Strong and well- minimum wages. functioning collective bargaining together with a high coverage of sectorial or cross-

PE692.765v02-00 112/443 AM\1231713EN.docx EN industry collective agreements strengthen the adequacy and the coverage of minimum wages, in the form of wages stemming from collective agreements

Or. en

Amendment 256 Sandra Pereira, José Gusmão

Proposal for a directive Recital 18

Text proposed by the Commission Amendment

(18) Well-functioning collective (18) Well-functioning collective bargaining on wage setting is an important bargaining needs to be regularly updated means to ensure that workers are protected to ensure that there is a general by adequate minimum wages. In the improvement in wages and other workers’ Member States with statutory minimum rights. In the Member States with statutory wages, collective bargaining supports minimum wages, collective bargaining general wage developments and therefore should encourage a general improvement contributes to improving the adequacy of in wages and other rights, and should minimum wages. In the Member States therefore help to raise minimum wages where minimum wage protection is and improve the working and living provided exclusively by collective conditions of workers. In the Member bargaining, their level as well as the share States where minimum wage protection is of protected workers are directly provided exclusively by collective determined by the functioning of the bargaining, their level as well as the share collective bargaining system and collective of protected workers are directly bargaining coverage. Strong and well- determined by the functioning of the functioning collective bargaining together collective bargaining system and collective with a high coverage of sectorial or cross- bargaining coverage. Strong and well- industry collective agreements strengthen functioning collective bargaining together the adequacy and the coverage of with a high coverage of sectorial or cross- minimum wages. industry collective agreements strengthen the adequacy and the coverage of minimum wages.

Or. pt

Amendment 257 Gheorghe Falcă, Eugen Tomac, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu Winkler, Daniel Buda, Ioan-Rareş Bogdan, Loránt Vincze, Cristian-Silviu Buşoi

AM\1231713EN.docx 113/443 PE692.765v02-00 EN Proposal for a directive Recital 18

Text proposed by the Commission Amendment

(18) Well-functioning collective (18) Well-functioning collective bargaining on wage setting is an important bargaining on wage setting is an important means to ensure that workers are protected means to ensure that workers are protected by adequate minimum wages. In the by minimum wages. In the Member States Member States with statutory minimum with statutory minimum wages, collective wages, collective bargaining supports bargaining supports general wage general wage developments and therefore developments. In the Member States where contributes to improving the adequacy of minimum wage protection is provided minimum wages. In the Member States exclusively by collective bargaining, their where minimum wage protection is level as well as the share of protected provided exclusively by collective workers are directly determined by the bargaining, their level as well as the share functioning of the collective bargaining of protected workers are directly system and collective bargaining coverage. determined by the functioning of the Strong and well-functioning collective collective bargaining system and collective bargaining together with a high coverage bargaining coverage. Strong and well- of sectorial or cross-industry collective functioning collective bargaining together agreements strengthen the coverage of with a high coverage of sectorial or cross- minimum wages. industry collective agreements strengthen the adequacy and the coverage of minimum wages.

Or. en

Amendment 258 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Recital 18

Text proposed by the Commission Amendment

PE692.765v02-00 114/443 AM\1231713EN.docx EN where minimum wage protection is minimum wages. In the Member States provided exclusively by collective where minimum wage protection is bargaining, their level as well as the share provided exclusively by collective of protected workers are directly bargaining, their level as well as the share determined by the functioning of the of protected workers are directly collective bargaining system and collective determined by the functioning of the bargaining coverage. Strong and well- collective bargaining system and collective functioning collective bargaining together bargaining coverage. Strong and well- with a high coverage of sectorial or cross- functioning collective bargaining together industry collective agreements strengthen with a high coverage of sectorial or cross- the adequacy and the coverage of industry collective agreements strengthen minimum wages. the adequacy and the coverage of minimum wages.

Or. en

Amendment 259 Vilija Blinkevičiūtė

Proposal for a directive Recital 18

Text proposed by the Commission Amendment

(18) Well-functioning collective (18) Well-functioning collective bargaining on wage setting is an important bargaining on wage setting is an important means to ensure that workers are protected means to ensure that workers are protected by adequate minimum wages. In the by adequate and fair minimum wages. In Member States with statutory minimum the Member States with statutory minimum wages, collective bargaining supports wages, collective bargaining supports general wage developments and therefore general wage developments and therefore contributes to improving the adequacy of contributes to improving the adequacy and minimum wages. In the Member States fairness of minimum wages. In the where minimum wage protection is Member States where minimum wage provided exclusively by collective protection is provided exclusively by bargaining, their level as well as the share collective bargaining, their level as well as of protected workers are directly the share of protected workers are directly determined by the functioning of the determined by the functioning of the collective bargaining system and collective collective bargaining system and collective bargaining coverage. Strong and well- bargaining coverage. Strong and well- functioning collective bargaining together functioning collective bargaining together with a high coverage of sectorial or cross- with a high coverage of sectorial or cross- industry collective agreements strengthen industry collective agreements strengthen the adequacy and the coverage of the adequacy and the coverage of minimum wages. minimum wages.

AM\1231713EN.docx 115/443 PE692.765v02-00 EN Or. lt

Amendment 260 Anna Zalewska, Elżbieta Rafalska, Beata Szydło

Proposal for a directive Recital 18

Text proposed by the Commission Amendment

(18) Well-functioning collective (18) Well-functioning collective bargaining on wage setting is an important bargaining on wage setting is an important means to ensure that workers are protected means to ensure that workers are protected by adequate minimum wages. In the by adequate minimum wages. In the Member States with statutory minimum Member States with statutory minimum wages, collective bargaining supports wages, collective bargaining supports general wage developments and therefore general wage developments and therefore contributes to improving the adequacy of contributes to improving the adequacy of minimum wages. In the Member States minimum wages. In the Member States where minimum wage protection is where minimum wage protection is provided exclusively by collective provided exclusively by collective bargaining, their level as well as the share bargaining, their level as well as the share of protected workers are directly of protected workers are directly determined by the functioning of the determined by the functioning of the collective bargaining system and collective collective bargaining system and collective bargaining coverage. Strong and well- bargaining coverage. Strong and well- functioning collective bargaining together functioning collective bargaining together with a high coverage of sectorial or cross- with a high coverage of sectorial or cross- industry collective agreements strengthen industry collective agreements have a the adequacy and the coverage of positive effect on the adequacy and the minimum wages. coverage of minimum wages.

Or. pl

Amendment 261 Sylvie Brunet, Marie-Pierre Vedrenne, Véronique Trillet-Lenoir, Stéphane Bijoux, Ilana Cicurel, Yana Toom

Proposal for a directive Recital 19

Text proposed by the Commission Amendment

(19) In a context of declining collective (19) In a context of declining collective bargaining coverage, it is essential that the bargaining coverage, it is essential that the

PE692.765v02-00 116/443 AM\1231713EN.docx EN Member States promote collective Member States protect the right to engage bargaining to enhance workers’ access to in and promote collective bargaining to minimum wage protection provided by enhance workers’ access to minimum wage collective agreements. Member States with protection provided by collective a high collective bargaining coverage tend agreements. Member States with a high to have a low share of low-wage workers collective bargaining coverage tend to have and high minimum wages. Member States a low share of low-wage workers and high with a small share of low wage earners minimum wages. Member States with a have a collective bargaining coverage rate small share of low wage earners have a above 70%. Similarly, the majority of the collective bargaining coverage rate above Member States with high levels of 70%. Similarly, the majority of the minimum wages relative to the median Member States with high levels of wage have a collective bargaining coverage minimum wages relative to the median above 70%. While all Member States wage have a collective bargaining coverage should be encouraged to promote above 70%. While all Member States are collective bargaining, those who do not encouraged to promote collective reach this level of coverage should, in bargaining and increase collective consultation and/or agreement with the bargaining coverage in order to social partners, provide for or, where it progressively reach a minimum of 90%, already exists, strengthen a framework of those who do not reach this level of facilitative procedures and institutional coverage should, in consultation and/or arrangements enabling the conditions for agreement with the social partners, provide collective bargaining. Such framework for or, where it already exists, strengthen a should be established by law or by framework of facilitative procedures and tripartite agreement.. institutional arrangements enabling the conditions for collective bargaining. Such a framework should be established by law or by tripartite agreement. Member States should establish and implement an action plan to promote collective bargaining in cooperation with the social partners. This action plan should be made public, notified to the European Commission, reviewed and, where necessary, revised at least every three years. It must be acknowledged that Member States’ collective bargaining coverage rates differ significantly owing to a number of factors including national tradition and practice and their historic contexts and this must be taken into account when assessing progress with regard to the enabling framework and action plan to promote collective bargaining.

Or. en

AM\1231713EN.docx 117/443 PE692.765v02-00 EN Amendment 262 Monica Semedo, Atidzhe Alieva-Veli, Jordi Cañas, Dragoș Pîslaru, Samira Rafaela

Proposal for a directive Recital 19

Text proposed by the Commission Amendment

(19) In a context of declining collective (19) In a context of declining collective bargaining coverage, it is essential that the bargaining coverage, it is essential that the Member States promote collective Member States protect the right to engage bargaining to enhance workers’ access to in and promote collective bargaining to minimum wage protection provided by enhance workers’ access to minimum wage collective agreements. Member States with protection provided by collective a high collective bargaining coverage tend agreements. Member States with a high to have a low share of low-wage workers collective bargaining coverage tend to have and high minimum wages. Member States a low share of low-wage workers and high with a small share of low wage earners minimum wages. Member States with a have a collective bargaining coverage rate small share of low wage earners have a above 70%. Similarly, the majority of the collective bargaining coverage rate above Member States with high levels of 70%. Similarly, the majority of the minimum wages relative to the median Member States with high levels of wage have a collective bargaining coverage minimum wages relative to the median above 70%. While all Member States wage have a collective bargaining coverage should be encouraged to promote above 70%. While all Member States are collective bargaining, those who do not encouraged to promote collective reach this level of coverage should, in bargaining and increase collective consultation and/or agreement with the bargaining coverage, those who do not social partners, provide for or, where it reach this level of coverage should, in already exists, strengthen a framework of consultation and/or agreement with the facilitative procedures and institutional social partners, provide for or, where it arrangements enabling the conditions for already exists, strengthen a framework of collective bargaining. Such framework facilitative procedures and institutional should be established by law or by arrangements enabling the conditions for tripartite agreement.. collective bargaining. Such a framework should be established by law or by tripartite agreement. Member States should establish and implement an action plan to promote collective bargaining in cooperation with the social partners. This action plan should be made public, notified to the European Commission, reviewed and, where necessary, revised at least every three years. It must be acknowledged that Member States’ collective bargaining coverage rates differ significantly owing to a number of factors including national tradition and practice and their historic contexts and this must

PE692.765v02-00 118/443 AM\1231713EN.docx EN be taken into account when assessing progress with regard to the enabling framework and action plan to promote collective bargaining.

Or. en

Amendment 263 Anna Zalewska, Elżbieta Rafalska, Beata Szydło

Proposal for a directive Recital 19

Text proposed by the Commission Amendment

Or. pl

AM\1231713EN.docx 119/443 PE692.765v02-00 EN Amendment 264 Peter Lundgren

Proposal for a directive Recital 19

Text proposed by the Commission Amendment

Or. en

Justification

National competence.

Amendment 265 Jordi Cañas

Proposal for a directive Recital 19

PE692.765v02-00 120/443 AM\1231713EN.docx EN Text proposed by the Commission Amendment

(19) In a context of declining collective (19) In a context of declining collective bargaining coverage, it is essential that the bargaining coverage, it is essential that the Member States promote collective Member States promote collective bargaining to enhance workers’ access to bargaining to enhance workers’ access to minimum wage protection provided by minimum wage protection provided by collective agreements. Member States with collective agreements. Member States with a high collective bargaining coverage tend a high collective bargaining coverage tend to have a low share of low-wage workers to have a low share of low-wage workers and high minimum wages. Member States and high minimum wages. Member States with a small share of low wage earners with a small share of low wage earners have a collective bargaining coverage rate have a collective bargaining coverage rate above 70%. Similarly, the majority of the above 70%. Similarly, the majority of the Member States with high levels of Member States with high levels of minimum wages relative to the median minimum wages relative to the median wage have a collective bargaining coverage wage have a collective bargaining coverage above 70%. While all Member States above 70%. While all Member States should be encouraged to promote collective should be encouraged to promote collective bargaining, those who do not reach this bargaining, those who do not reach this level of coverage should, in consultation level of coverage should, in consultation and/or agreement with the social partners, and/or agreement with the social partners, provide for or, where it already exists, provide for or, where it already exists, strengthen a framework of facilitative strengthen a framework of facilitative procedures and institutional arrangements procedures and institutional arrangements enabling the conditions for collective enabling the conditions for collective bargaining. Such framework should be bargaining. Such framework should be established by law or by tripartite established by law or by tripartite agreement. 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.

Or. en

Amendment 266 Daniela Rondinelli, Chiara Gemma

Proposal for a directive Recital 19

AM\1231713EN.docx 121/443 PE692.765v02-00 EN Text proposed by the Commission Amendment

(19) In a context of declining collective (19) In a context of declining collective bargaining coverage, it is essential that the bargaining coverage, it is essential that the Member States promote collective Member States promote collective bargaining to enhance workers’ access to bargaining to enhance workers’ access to minimum wage protection provided by minimum wage protection provided by collective agreements. Member States with collective agreements. Member States with a high collective bargaining coverage tend a high collective bargaining coverage tend to have a low share of low-wage workers to have a low share of low-wage workers and high minimum wages. Member States and high minimum wages. Member States with a small share of low wage earners with a small share of low wage earners have a collective bargaining coverage rate have a collective bargaining coverage rate above 70%. Similarly, the majority of the above 70%. Similarly, the majority of the Member States with high levels of Member States with high levels of minimum wages relative to the median minimum wages relative to the median wage have a collective bargaining coverage wage have a collective bargaining coverage above 70%. While all Member States above 70%. While all Member States should be encouraged to promote collective should be encouraged to promote collective bargaining, those who do not reach this bargaining coverage of at least 90%, to be level of coverage should, in consultation raised to 100% in Member States that do and/or agreement with the social partners, not adopt a statutory minimum wage as provide for or, where it already exists, workers would otherwise have no strengthen a framework of facilitative contractual coverage and would be procedures and institutional arrangements exposed to exploitation and less enabling the conditions for collective protection, those who do not reach this bargaining. Such framework should be level of coverage should, in consultation established by law or by tripartite and/or agreement with the most agreement. representative employers’ and trade union organisations, 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 in accordance with national legislation and practice.

Or. it

Amendment 267 Stefan Berger, Ralf Seekatz, Markus Ferber, Sven Schulze, Jens Gieseke, Markus Pieper, Angelika Winzig, Sara Skyttedal, Henna Virkkunen, Axel Voss, Tomáš Zdechovský

Proposal for a directive Recital 19

PE692.765v02-00 122/443 AM\1231713EN.docx EN Text proposed by the Commission Amendment

(19) In a context of declining collective (19) In a context of declining collective bargaining coverage, it is essential that the bargaining coverage, it is essential that the Member States promote collective Member States promote collective bargaining to enhance workers’ access to bargaining to enhance workers’ access to minimum wage protection provided by minimum wage protection provided by collective agreements. Member States with collective agreements. This applies in a high collective bargaining coverage tend particular to Member States where to have a low share of low-wage workers multinational and large corporations in and high minimum wages. Member States the digital and logistics industries practice with a small share of low wage earners social dumping and have further eroded have a collective bargaining coverage rate alleged loopholes in the social system in above 70%. Similarly, the majority of the recent years. Member States with a high Member States with high levels of collective bargaining coverage tend to have minimum wages relative to the median a low share of low-wage workers and high wage have a collective bargaining coverage minimum wages. Member States with a above 70%. While all Member States small share of low wage earners have a should be encouraged to promote collective collective bargaining coverage rate above bargaining, those who do not reach this 70%. Similarly, the majority of the level of coverage should, in consultation Member States with high levels of and/or agreement with the social partners, minimum wages relative to the median provide for or, where it already exists, wage have a collective bargaining coverage strengthen a framework of facilitative above 70%. While all Member States procedures and institutional arrangements should be encouraged to promote collective enabling the conditions for collective bargaining, those who do not reach this bargaining. Such framework should be level of coverage should, in consultation established by law or by tripartite and/or agreement with the social partners, agreement. 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.

Or. en

Amendment 268 Radan Kanev

Proposal for a directive Recital 19

AM\1231713EN.docx 123/443 PE692.765v02-00 EN Text proposed by the Commission Amendment

(19) In a context of declining collective (19) In a context of declining collective bargaining coverage, it is essential that the bargaining coverage, it is essential that all Member States promote collective Member States promote advanced forms of bargaining to enhance workers’ access to collective bargaining, adequate to modern minimum wage protection provided by economic and technological realities and collective agreements. Member States with labour market requirements in the digital a high collective bargaining coverage tend age, to enhance workers’ access to to have a low share of low-wage workers minimum wage protection provided by and high minimum wages. Member States collective agreements. Member States with with a small share of low wage earners a high collective bargaining coverage tend have a collective bargaining coverage rate to have a low share of low-wage workers above 70%. Similarly, the majority of the and high minimum wages. Member States Member States with high levels of with a small share of low wage earners minimum wages relative to the median have a collective bargaining coverage rate wage have a collective bargaining coverage above 70%. Similarly, the majority of the above 70%. While all Member States Member States with high levels of should be encouraged to promote collective minimum wages relative to the median bargaining, those who do not reach this wage have a collective bargaining coverage level of coverage should, in consultation above 70%. While all Member States and/or agreement with the social partners, should be encouraged to promote collective provide for or, where it already exists, bargaining coverage of at least 90%, those strengthen a framework of facilitative who do not reach this level of coverage procedures and institutional arrangements should, in consultation and agreement with enabling the conditions for collective the social partners, provide for or, where it bargaining. Such framework should be already exists, strengthen a framework of established by law or by tripartite facilitative procedures and institutional agreement.. arrangements enabling the conditions for collective bargaining. Such framework should be established in accordance with national law and practice.

Or. en

Amendment 269 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Recital 19

Text proposed by the Commission Amendment

(19) In a context of declining collective (19) In a context of declining collective bargaining coverage, it is essential that the bargaining coverage, it is essential that the

PE692.765v02-00 124/443 AM\1231713EN.docx EN Member States promote collective Member States promote collective bargaining to enhance workers’ access to bargaining to enhance workers’ access to minimum wage protection provided by minimum wage protection provided by collective agreements. Member States with collective agreements. Member States with a high collective bargaining coverage tend a high and comprehensive collective to have a low share of low-wage workers bargaining coverage tend to have a low and high minimum wages. Member States share of low-wage workers and high with a small share of low wage earners minimum wages. Member States with a have a collective bargaining coverage rate small share of low wage earners have a above 70%. Similarly, the majority of the collective bargaining coverage rate above Member States with high levels of 70%. Similarly, the majority of the minimum wages relative to the median Member States with high levels of wage have a collective bargaining coverage minimum wages relative to the median above 70%. While all Member States wage have a collective bargaining coverage should be encouraged to promote above 70%. Nevertheless, all Member collective bargaining, those who do not States shall promote comprehensive reach this level of coverage should, in collective bargaining, and especially those consultation and/or agreement with the who do not reach this level of coverage social partners, provide for or, where it should, in consultation and/or agreement already exists, strengthen a framework of with the social partners, provide for or, facilitative procedures and institutional where it already exists, strengthen a arrangements enabling the conditions for framework of facilitative procedures and collective bargaining. Such framework institutional arrangements enabling the should be established by law or by conditions for collective bargaining. Such tripartite agreement.. a framework should be established according to national practices, by the social partners or by law or by tripartite agreement in consultation with the social partners.

Or. en

Amendment 270 Jessica Polfjärd, Sara Skyttedal, Tomas Tobé, Jörgen Warborn, Arba Kokalari, David Lega

Proposal for a directive Recital 19

Text proposed by the Commission Amendment

AM\1231713EN.docx 125/443 PE692.765v02-00 EN a high collective bargaining coverage tend particular to Member States with a low to have a low share of low-wage workers collective bargaining coverage. Member and high minimum wages. Member States States with a high collective bargaining with a small share of low wage earners coverage tend to have a low share of low- have a collective bargaining coverage rate wage workers and high minimum wages. above 70%. Similarly, the majority of the Member States with a small share of low Member States with high levels of wage earners have a collective bargaining minimum wages relative to the median coverage rate above 70%. Similarly, the wage have a collective bargaining coverage majority of the Member States with high above 70%. While all Member States levels of minimum wages relative to the should be encouraged to promote collective median wage have a collective bargaining bargaining, those who do not reach this coverage above 70%. While all Member level of coverage should, in consultation States should be encouraged to promote and/or agreement with the social partners, collective bargaining, those who do not provide for or, where it already exists, reach this level of coverage should, in strengthen a framework of facilitative consultation and/or agreement with the procedures and institutional arrangements social partners, provide for or, where it enabling the conditions for collective already exists, strengthen a framework of bargaining. Such framework should be facilitative procedures and institutional established by law or by tripartite arrangements enabling the conditions for agreement.. collective bargaining. Such framework may be established by law or by tripartite agreement.

Or. en

Amendment 271 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Recital 19

Text proposed by the Commission Amendment

PE692.765v02-00 126/443 AM\1231713EN.docx EN minimum wages relative to the median minimum wages relative to the median wage have a collective bargaining coverage wage have a collective bargaining coverage above 70%. While all Member States above 70%. While all Member States should be encouraged to promote collective should be encouraged to promote collective bargaining, those who do not reach this bargaining, those who do not reach this level of coverage should, in consultation level of coverage should, in consultation and/or agreement with the social partners, and agreement with the social partners, provide for or, where it already exists, provide for or, where it already exists, strengthen a framework of facilitative strengthen a framework of facilitative procedures and institutional arrangements procedures and institutional arrangements enabling the conditions for collective enabling the conditions for collective bargaining. Such framework should be bargaining. Such framework should be established by law or by tripartite established in accordance by law after agreement. consultation with the social partners or by tripartite agreements.

Or. en

Amendment 272 Leila Chaibi, Manon Aubry, Manuel Bompard, Emmanuel Maurel, Younous Omarjee, Anne-Sophie Pelletier, Eugenia Rodríguez Palop, José Gusmão

Proposal for a directive Recital 19

Text proposed by the Commission Amendment

AM\1231713EN.docx 127/443 PE692.765v02-00 EN provide for or, where it already exists, agreement with the social partners, provide strengthen a framework of facilitative for or, where it already exists, strengthen a procedures and institutional arrangements framework of facilitative procedures and enabling the conditions for collective institutional arrangements enabling the bargaining. Such framework should be conditions for collective bargaining. Such established by law or by tripartite framework should be established by law or agreement. by tripartite agreement.

Or. fr

Amendment 273 Dominique Bilde

Proposal for a directive Recital 19

Text proposed by the Commission Amendment

(19) In a context of declining collective (19) In a context of declining collective bargaining coverage, it is essential that the bargaining coverage, it would be helpful, if Member States promote collective they so choose, for the Member States to bargaining to enhance workers’ access to promote collective bargaining to enhance minimum wage protection provided by workers’ access to minimum wage collective agreements. Member States with protection provided by collective a high collective bargaining coverage tend agreements. Member States with a high to have a low share of low-wage workers collective bargaining coverage tend to have and high minimum wages. Member States a low share of low-wage workers and high with a small share of low wage earners minimum wages. Member States with a have a collective bargaining coverage rate small share of low wage earners have a above 70%. Similarly, the majority of the collective bargaining coverage rate above Member States with high levels of 70%. Similarly, the majority of the minimum wages relative to the median Member States with high levels of wage have a collective bargaining coverage minimum wages relative to the median above 70%. While all Member States wage have a collective bargaining coverage should be encouraged to promote collective above 70%. While all Member States bargaining, those who do not reach this should be encouraged to promote collective level of coverage should, in consultation bargaining, those who do not reach this and/or agreement with the social partners, level of coverage should, in consultation provide for or, where it already exists, and/or agreement with the social partners, strengthen a framework of facilitative provide for or, where it already exists, procedures and institutional arrangements strengthen a framework of facilitative enabling the conditions for collective procedures and institutional arrangements bargaining. Such framework should be enabling the conditions for collective established by law or by tripartite bargaining. Such framework should be agreement. established by law or by tripartite agreement.

PE692.765v02-00 128/443 AM\1231713EN.docx EN Or. fr

Amendment 274 David Casa

Proposal for a directive Recital 19

Text proposed by the Commission Amendment

(19) In a context of declining collective (19) In a context of declining collective bargaining coverage, it is essential that the bargaining coverage, it is essential that the Member States promote collective Member States promote collective bargaining to enhance workers’ access to bargaining to enhance workers’ access to minimum wage protection provided by minimum wage protection provided by collective agreements. Member States with collective agreements. Member States with a high collective bargaining coverage tend a high collective bargaining coverage tend to have a low share of low-wage workers to have a low share of low-wage workers and high minimum wages. Member States and high minimum wages. Member States with a small share of low wage earners with a small share of low wage earners have a collective bargaining coverage rate have a collective bargaining coverage rate above 70%. Similarly, the majority of the above 70%. Similarly, the majority of the Member States with high levels of Member States with high levels of minimum wages relative to the median minimum wages relative to the median wage have a collective bargaining coverage wage have a collective bargaining coverage above 70%. While all Member States above 70%. While all Member States should be encouraged to promote collective should be encouraged to promote collective bargaining, those who do not reach this bargaining, those who do not reach this level of coverage should, in consultation level of coverage should, in consultation and/or agreement with the social partners, and agreement with the social partners, provide for or, where it already exists, provide for or, where it already exists, strengthen a framework of facilitative strengthen a framework of facilitative procedures and institutional arrangements procedures and institutional arrangements enabling the conditions for collective enabling the conditions for collective bargaining. Such framework should be bargaining. Such framework should be established by law or by tripartite established in accordance with national agreement.. law and practice.

Or. en

Amendment 275 Gheorghe Falcă, Eugen Tomac, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu Winkler, Daniel Buda, Vasile Blaga, Siegfried Mureşan, Loránt Vincze, Cristian-Silviu Buşoi

AM\1231713EN.docx 129/443 PE692.765v02-00 EN Proposal for a directive Recital 19

Text proposed by the Commission Amendment

(19) In a context of declining collective (19) In a context of declining collective bargaining coverage, it is essential that the bargaining coverage, it is recommended Member States promote collective that the Member States promote collective bargaining to enhance workers’ access to bargaining to enhance workers’ access to minimum wage protection provided by minimum wage protection provided by collective agreements. Member States with collective agreements. Member States with a high collective bargaining coverage tend a high collective bargaining coverage tend to have a low share of low-wage workers to have a low share of low-wage workers and high minimum wages. Member States and high minimum wages. Member States with a small share of low wage earners with a small share of low wage earners have a collective bargaining coverage rate have a collective bargaining coverage rate above 70%. Similarly, the majority of the above 70%. Similarly, the majority of the Member States with high levels of Member States with high levels of minimum wages relative to the median minimum wages relative to the median wage have a collective bargaining coverage wage have a collective bargaining coverage above 70%. While all Member States above 70%. While all Member States should be encouraged to promote collective should be encouraged to promote collective bargaining, those who do not reach this bargaining, while being in consultation level of coverage should, in consultation and/or agreement with the social partners, and/or agreement with the social partners, provide for or, where it already exists, provide for or, where it already exists, strengthen a framework of facilitative strengthen a framework of facilitative procedures and institutional arrangements procedures and institutional arrangements enabling the conditions for collective enabling the conditions for collective bargaining. Such framework should be bargaining. Such framework should be established by law or by tripartite established by law or by tripartite agreement. agreement.

Or. en

Amendment 276 Elena Lizzi, Stefania Zambelli

Proposal for a directive Recital 19

Text proposed by the Commission Amendment

PE692.765v02-00 130/443 AM\1231713EN.docx EN minimum wage protection provided by minimum wage protection provided by collective agreements. Member States with collective agreements. Member States with a high collective bargaining coverage tend a high collective bargaining coverage tend to have a low share of low-wage workers to have a low share of low-wage workers and high minimum wages. Member States and high minimum wages. Member States with a small share of low wage earners with a small share of low wage earners have a collective bargaining coverage rate have a collective bargaining coverage rate above 70%. Similarly, the majority of the above 70%. Similarly, the majority of the Member States with high levels of Member States with high levels of minimum wages relative to the median minimum wages relative to the median wage have a collective bargaining coverage wage have a collective bargaining coverage above 70%. While all Member States above 70%. While all Member States should be encouraged to promote collective should be encouraged to promote collective bargaining, those who do not reach this bargaining, those who do not reach this level of coverage should, in consultation level of coverage should, in consultation and/or agreement with the social partners, with the social partners, provide for or, provide for or, where it already exists, where it already exists, strengthen a strengthen a framework of facilitative framework of facilitative procedures and procedures and institutional arrangements institutional arrangements enabling the enabling the conditions for collective conditions for collective bargaining. Such bargaining. Such framework should be framework should be established in established by law or by tripartite accordance with national law and agreement. practice.

Or. it

Amendment 277 Radan Kanev

Proposal for a directive Recital 19 a (new)

Text proposed by the Commission Amendment

(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.

AM\1231713EN.docx 131/443 PE692.765v02-00 EN Or. en

Amendment 278 Gheorghe Falcă, Eugen Tomac, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu Winkler, Daniel Buda, Vasile Blaga, Siegfried Mureşan, Loránt Vincze, Cristian-Silviu Buşoi

Proposal for a directive Recital 20

Text proposed by the Commission Amendment

(20) Sound rules, procedures and (20) Sound rules, procedures and practice for setting and updating statutory practice for setting and updating statutory minimum wages are necessary to deliver minimum wages are necessary to deliver adequate minimum wages, while minimum wages, while safeguarding jobs safeguarding jobs and the competitiveness and the competitiveness of firms including of firms including small and medium-sized small and medium-sized enterprises. A enterprises. They include a number of timely and effective collaboration and/or elements to preserve the adequacy of cooperation with the social partners is statutory minimum wages, including another element of good governance that criteria and indicators to assess adequacy, allows for an informed and inclusive regular and timely updates, the existence decision-making process. 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.

Or. en

Amendment 279 Radan Kanev

Proposal for a directive Recital 20

Text proposed by the Commission Amendment

PE692.765v02-00 132/443 AM\1231713EN.docx EN of firms including small and medium-sized jobs and ensuring equal treatment, a level enterprises. They include a number of playing field and the competitiveness of elements to preserve the adequacy of firms including small and medium-sized statutory minimum wages, including enterprises. They include a number of criteria and indicators to assess adequacy, elements to preserve the adequacy of regular and timely updates, the existence of statutory minimum wages, including consultative bodies and the involvement of criteria and indicators to assess adequacy, social partners. A timely and effective regular and timely updates, the existence of involvement of the latter is another element consultative bodies and the involvement of of good governance that allows for an social partners. A timely, comprehensive informed and inclusive decision-making and effective involvement of the latter, process. including in innovative and flexible forms of dialogue, reflecting new social and economic realities, is another element of good governance that allows for an informed and inclusive decision-making process.

Or. en

Amendment 280 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Recital 20

Text proposed by the Commission Amendment

(20) Sound rules, procedures and (20) Sound rules, procedures and practice for setting and updating statutory practice for setting and updating statutory minimum wages are necessary to deliver minimum wages are necessary to deliver adequate minimum wages, while adequate and decent minimum wages, safeguarding jobs and the competitiveness while safeguarding existing and creating of firms including small and medium-sized new jobs, ensuring equal treatment and a enterprises. They include a number of level playing field for firms including elements to preserve the adequacy of small and medium-sized enterprises. They statutory minimum wages, including include a number of elements to preserve criteria and indicators to assess adequacy, the decency and adequacy of statutory regular and timely updates, the existence of minimum wages, including criteria and consultative bodies and the involvement of indicators to assess adequacy, regular and social partners. A timely and effective timely updates, the existence of involvement of the latter is another element consultative bodies and the involvement of of good governance that allows for an social partners. A timely, comprehensive informed and inclusive decision-making and effective involvement of the latter is process. another element of good governance that allows for an informed and inclusive

AM\1231713EN.docx 133/443 PE692.765v02-00 EN decision-making process.

Or. en

Amendment 281 Jeroen Lenaers, Miriam Lexmann

Proposal for a directive Recital 20

Text proposed by the Commission Amendment

(20) Sound rules, procedures and (20) Sound rules, procedures and practice for setting and updating statutory practice for setting and updating statutory minimum wages are necessary to deliver minimum wages, including through adequate minimum wages, while automatic indexation, are necessary to safeguarding jobs and the competitiveness deliver adequate minimum wages, while of firms including small and medium-sized safeguarding jobs and the competitiveness enterprises. They include a number of of firms including small and medium-sized elements to preserve the adequacy of enterprises. They include a number of statutory minimum wages, including elements to preserve the adequacy of criteria and indicators to assess adequacy, statutory minimum wages, including regular and timely updates, the existence of criteria and indicators to assess adequacy, consultative bodies and the involvement of regular and timely updates, the existence of social partners. A timely and effective consultative bodies and the involvement of involvement of the latter is another element social partners, both direct and indirect. A of good governance that allows for an timely and effective involvement of the informed and inclusive decision-making latter is another element of good process. governance that allows for an informed and inclusive decision-making process.

Or. en

Amendment 282 Leila Chaibi, Manon Aubry, Manuel Bompard, Emmanuel Maurel, Younous Omarjee, Anne-Sophie Pelletier, Eugenia Rodríguez Palop, José Gusmão

Proposal for a directive Recital 20

Text proposed by the Commission Amendment

PE692.765v02-00 134/443 AM\1231713EN.docx EN adequate minimum wages, while adequate minimum wages, while safeguarding jobs and the competitiveness safeguarding jobs. They include a number of firms including small and medium- of elements to preserve the adequacy of sized enterprises. They include a number statutory minimum wages, including of elements to preserve the adequacy of criteria and indicators to assess adequacy, statutory minimum wages, including regular and timely updates, the existence of criteria and indicators to assess adequacy, consultative bodies and the involvement of regular and timely updates, the existence of social partners. A timely and effective consultative bodies and the involvement of involvement of the latter is another element social partners. A timely and effective of good governance that allows for an involvement of the latter is another element informed and inclusive decision-making of good governance that allows for an process. informed and inclusive decision-making process.

Or. fr

Amendment 283 Milan Brglez, Radka Maxová

Proposal for a directive Recital 20

Text proposed by the Commission Amendment

(20) Sound rules, procedures and (20) Sound rules, procedures and practice for setting and updating statutory practice for setting and updating statutory minimum wages are necessary to deliver minimum wages, including through adequate minimum wages, while automatic indexation, are necessary to safeguarding jobs and the competitiveness deliver adequate minimum wages, while of firms including small and medium-sized safeguarding jobs and the competitiveness enterprises. They include a number of of firms including small and medium-sized elements to preserve the adequacy of enterprises. They include a number of statutory minimum wages, including elements to preserve the adequacy of criteria and indicators to assess adequacy, statutory minimum wages, including regular and timely updates, the existence of criteria and indicators to assess adequacy, consultative bodies and the involvement of regular and timely updates, the existence of social partners. A timely and effective consultative bodies and the involvement of involvement of the latter is another element social partners. A timely and effective of good governance that allows for an involvement of the latter is another element informed and inclusive decision-making of good governance that allows for an process. informed and inclusive decision-making process.

Or. en

AM\1231713EN.docx 135/443 PE692.765v02-00 EN Amendment 284 Sandra Pereira, José Gusmão

Proposal for a directive Recital 20

Text proposed by the Commission Amendment

(20) Sound rules, procedures and (20) Sound rules, procedures and practice for setting and updating statutory practice for setting and updating statutory minimum wages are necessary to deliver minimum wages are necessary to deliver adequate minimum wages, while wage rises and enhance the value of work safeguarding jobs and the competitiveness and workers. They include a number of of firms including small and medium- elements to preserve the adequacy of sized enterprises. They include a number statutory minimum wages, including of elements to preserve the adequacy of criteria and indicators to assess adequacy, statutory minimum wages, including regular and timely updates, the existence of criteria and indicators to assess adequacy, consultative bodies and the involvement of regular and timely updates, the existence of social partners. A timely and effective consultative bodies and the involvement of involvement of the latter is another element social partners. A timely and effective of good governance that allows for an involvement of the latter is another element informed and inclusive decision-making of good governance that allows for an process. informed and inclusive decision-making process.

Or. pt

Amendment 285 Monica Semedo, Atidzhe Alieva-Veli, Jordi Cañas, Samira Rafaela, Dragoș Pîslaru

Proposal for a directive Recital 20

Text proposed by the Commission Amendment

(20) Sound rules, procedures and (20) Sound, clear rules, transparent practice for setting and updating statutory procedures and practice for setting and minimum wages are necessary to deliver updating statutory minimum wages are adequate minimum wages, while necessary to foster adequate minimum safeguarding jobs and the competitiveness wages, while safeguarding jobs and the of firms including small and medium-sized competitiveness of firms including micro, enterprises. They include a number of small and medium-sized enterprises. They elements to preserve the adequacy of include a number of elements to promote statutory minimum wages, including the adequacy of statutory minimum wages, criteria and indicators to assess adequacy, including guiding criteria and indicators to regular and timely updates, the existence of assess adequacy, regular and timely

PE692.765v02-00 136/443 AM\1231713EN.docx EN consultative bodies and the involvement of updates, the existence of consultative social partners. A timely and effective bodies and the involvement of social involvement of the latter is another element partners. A timely and effective of good governance that allows for an involvement of the latter is another element informed and inclusive decision-making of good governance that allows for an process. informed and inclusive decision-making process.

Or. en

Amendment 286 Klára Dobrev

Proposal for a directive Recital 20

Text proposed by the Commission Amendment

(20) Sound rules, procedures and (20) Sound rules, procedures and practice for setting and updating statutory practice for setting and updating statutory minimum wages are necessary to deliver minimum wages are necessary to deliver adequate minimum wages, while adequate minimum wages, while safeguarding jobs and the competitiveness safeguarding jobs and the competitiveness of firms including small and medium-sized of firms including small and medium-sized enterprises. They include a number of enterprises. They include a number of elements to preserve the adequacy of elements to preserve the adequacy of statutory minimum wages, including statutory minimum wages, including criteria and indicators to assess adequacy, criteria and indicators to assess adequacy, regular and timely updates, the existence of regular and timely updates, the existence of consultative bodies and the involvement of consultative bodies and the involvement of social partners. A timely and effective social partners. A timely and effective involvement of the latter is another involvement of social partners is a pre- element of good governance that allows for requisite for good governance that allows an informed and inclusive decision-making for an informed and inclusive decision- process. making process.

Or. en

Amendment 287 Johan Danielsson, Heléne Fritzon, Marianne Vind

Proposal for a directive Recital 20

AM\1231713EN.docx 137/443 PE692.765v02-00 EN Text proposed by the Commission Amendment

(20) Sound rules, procedures and (20) Sound rules, procedures and practice for setting and updating statutory practice for setting and updating statutory minimum wages are necessary to deliver minimum wages are necessary to promote adequate minimum wages, while adequate minimum wages, while safeguarding jobs and the competitiveness safeguarding jobs and the competitiveness of firms including small and medium-sized of firms including small and medium-sized enterprises. They include a number of enterprises. They include a number of elements to preserve the adequacy of elements to preserve the adequacy of statutory minimum wages, including statutory minimum wages, including criteria and indicators to assess adequacy, criteria and indicators to assess adequacy, regular and timely updates, the existence of regular and timely updates, the existence of consultative bodies and the involvement of consultative bodies and the involvement of social partners. A timely and effective social partners. A timely and effective involvement of the latter is another element involvement of the latter is another element of good governance that allows for an of good governance that allows for an informed and inclusive decision-making informed and inclusive decision-making process. process.

Or. en

Amendment 288 Anna Zalewska, Elżbieta Rafalska, Beata Szydło

Proposal for a directive Recital 20

Text proposed by the Commission Amendment

(20) Sound rules, procedures and (20) Sound rules, procedures and practice for setting and updating statutory practice for setting and updating statutory minimum wages are necessary to deliver minimum wages are necessary to deliver adequate minimum wages, while adequate minimum wages, while safeguarding jobs and the competitiveness safeguarding jobs and the competitiveness of firms including small and medium-sized of firms including small and medium-sized enterprises. They include a number of enterprises. They include a number of elements to preserve the adequacy of elements to preserve the adequacy of statutory minimum wages, including statutory minimum wages, including criteria and indicators to assess adequacy, criteria and indicators to assess adequacy, regular and timely updates, the existence regular and timely updates and the of consultative bodies and the involvement involvement of social partners. A timely of social partners. A timely and effective and effective involvement of the latter is involvement of the latter is another element another element of good governance that of good governance that allows for an allows for an informed and inclusive informed and inclusive decision-making

PE692.765v02-00 138/443 AM\1231713EN.docx EN process. decision-making process.

Or. pl

Amendment 289 Peter Lundgren

Proposal for a directive Recital 21

Text proposed by the Commission Amendment

(21) Minimum wages are considered deleted adequate if they are fair in relation to the wage distribution in the country and if they provide a decent standard of living. The adequacy of statutory minimum wages is determined in view of the national socio-economic conditions, including employment growth, competitiveness as well as regional and sectoral developments. Their adequacy should be assessed at least in relation to their purchasing power, to the productivity developments and to their relation to the gross wage levels, distribution and growth. The use of indicators commonly used at international level, such as 60% of the gross median wage and 50% of the gross average wage, can help guide the assessment of minimum wage adequacy in relation to the gross level of wages.

Or. en

Amendment 290 Sandra Pereira, José Gusmão

Proposal for a directive Recital 21

Text proposed by the Commission Amendment

(21) Minimum wages are considered (21) Minimum wages are considered

AM\1231713EN.docx 139/443 PE692.765v02-00 EN adequate if they are fair in relation to the adequate if they are fair and if they provide wage distribution in the country and if a decent standard of living. The adequacy they provide a decent standard of living. of statutory minimum wages should be The adequacy of statutory minimum wages determined in view of the needs of is determined in view of the national socio- workers, increases in the cost of living economic conditions, including and national socio-economic conditions, employment growth, competitiveness as and should be based on the principle of well as regional and sectoral equal pay for equal work. developments. Their adequacy should be assessed at least in relation to their purchasing power, to the productivity developments and to their relation to the gross wage levels, distribution and growth. The use of indicators commonly used at international level, such as 60% of the gross median wage and 50% of the gross average wage, can help guide the assessment of minimum wage adequacy in relation to the gross level of wages.

Or. pt

Amendment 291 Konstantinos Arvanitis

Proposal for a directive Recital 21

Text proposed by the Commission Amendment

(21) Minimum wages are considered (21) Minimum wages are considered adequate if they are fair in relation to the adequate if they are fair in relation to the wage distribution in the country and if they wage distribution in the country and if they provide a decent standard of living. The provide a decent standard of living. The adequacy of statutory minimum wages is adequacy of statutory minimum wages is determined in view of the national socio- determined in view of the national socio- economic conditions, including economic conditions, including employment growth, competitiveness as employment growth, competitiveness as well as regional and sectoral developments. well as regional and sectoral developments. Their adequacy should be assessed at least Their adequacy should be assessed at least in relation to their purchasing power, to the in relation to their purchasing power, to the productivity developments and to their productivity developments and to their relation to the gross wage levels, relation to the gross wage levels, distribution and growth. The use of distribution and growth. The use of indicators commonly used at international indicators commonly used at international level, such as 60 % of the gross median level, such as 60 % of the gross median wage and 50 % of the gross average wage, wage and 50 % of the gross average wage,

PE692.765v02-00 140/443 AM\1231713EN.docx EN can help guide the assessment of minimum can help guide the assessment of minimum wage adequacy in relation to the gross wage adequacy in relation to the gross level of wages. level of wages. To achieve social convergence and cohesion between Member States, the adequate minimum wages should be set at 60% of the median wage of the eurozone countries within two years of the entry into force of this Directive. In any event, the minimum wages should not be lower than those set in any country at any time, and any reduction should be prohibited.

Or. el

Amendment 292 Gheorghe Falcă, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu Winkler, Daniel Buda, Vasile Blaga, Siegfried Mureşan, Ioan-Rareş Bogdan, Loránt Vincze, Cristian-Silviu Buşoi

Proposal for a directive Recital 21

Text proposed by the Commission Amendment

(21) Minimum wages are considered (21) Minimum wages are considered adequate if they are fair in relation to the fair if they are in relation to the wage wage distribution in the country and if they distribution in the country and if they provide a decent standard of living. The provide a decent standard of living. The adequacy of statutory minimum wages is levels of statutory minimum wages are determined in view of the national socio- determined in view of the national socio- economic conditions, including economic conditions, including employment growth, competitiveness as employment growth, competitiveness as well as regional and sectoral developments. well as regional and sectoral levels and Their adequacy should be assessed at developments. least in relation to their purchasing power, to the productivity developments and to their relation to the gross wage levels, distribution and growth. The use of indicators commonly used at international level, such as 60% of the gross median wage and 50% of the gross average wage, can help guide the assessment of minimum wage adequacy in relation to the gross level of wages.

AM\1231713EN.docx 141/443 PE692.765v02-00 EN Or. en

Amendment 293 Lukas Mandl

Proposal for a directive Recital 21

Text proposed by the Commission Amendment

Or. en

Amendment 294 Eugen Tomac, Marian-Jean Marinescu, Vasile Blaga, Daniel Buda, Siegfried Mureşan

Proposal for a directive Recital 21

Text proposed by the Commission Amendment

(21) Minimum wages are considered (21) Minimum wages are considered fair adequate if they are fair in relation to the in correlation with the wage distribution in wage distribution in the country and if they the country and if they provide a decent provide a decent standard of living. The standard of living. The levels of statutory

PE692.765v02-00 142/443 AM\1231713EN.docx EN adequacy of statutory minimum wages is minimum wages is determined in view of determined in view of the national socio- the national socio-economic conditions, economic conditions, including including employment growth, employment growth, competitiveness as competitiveness as well as regional and well as regional and sectoral developments. sectoral developments and in Their adequacy should be assessed at collaboration and/or cooperation with the least in relation to their purchasing social partners. power, to the productivity developments and to their relation to the gross wage levels, distribution and growth. The use of indicators commonly used at international level, such as 60% of the gross median wage and 50% of the gross average wage, can help guide the assessment of minimum wage adequacy in relation to the gross level of wages.

Or. en

Amendment 295 Monica Semedo, Atidzhe Alieva-Veli, Jordi Cañas, Samira Rafaela, Dragoș Pîslaru

Proposal for a directive Recital 21

Text proposed by the Commission Amendment

(21) Minimum wages are considered (21) Minimum wages can be considered adequate if they are fair in relation to the adequate if they are fair in relation to the wage distribution in the country and if they wage distribution in the country and if they provide a decent standard of living. The provide a decent standard of living taking adequacy of statutory minimum wages is into account general economic conditions determined in view of the national socio- in the country. The adequacy of statutory economic conditions, including minimum wages is determined in view of employment growth, competitiveness as the national socio-economic conditions, well as regional and sectoral developments. including employment growth, Their adequacy should be assessed at least competitiveness as well as regional and in relation to their purchasing power, to the sectoral developments. Their adequacy productivity developments and to their should be assessed at least in relation to relation to the gross wage levels, their purchasing power taking into account distribution and growth. The use of the cost of living and the contribution of indicators commonly used at international taxes and social benefits in kind or in level, such as 60% of the gross median cash, to the requirements of economic wage and 50% of the gross average wage, development, national labour productivity can help guide the assessment of minimum levels, attaining and maintaining a high wage adequacy in relation to the gross level of employment and to their relation to the gross wage levels, distribution and

AM\1231713EN.docx 143/443 PE692.765v02-00 EN level of wages. growth. The use of indicators commonly used at international level, such as 60% of the gross median wage and 50% of the gross average wage, can help guide the assessment of minimum wage adequacy in relation to the gross level of wages.

Or. en

Amendment 296 Lucia Ďuriš Nicholsonová

Proposal for a directive Recital 21

Text proposed by the Commission Amendment

(21) Minimum wages are considered (21) Minimum wages are considered adequate if they are fair in relation to the adequate if they are fair in relation to the wage distribution in the country and if they wage distribution in the country and if they provide a decent standard of living. The provide a decent standard of living. The adequacy of statutory minimum wages is adequacy of statutory minimum wages is determined in view of the national socio- determined in view of the national socio- economic conditions, including economic conditions, including employment growth, competitiveness as employment growth, competitiveness as well as regional and sectoral developments. well as regional and sectoral developments. Their adequacy should be assessed at least This Directive provides for a set of in relation to their purchasing power, to the indicative criteria, which may be applied productivity developments and to their by the Member States to guide the relation to the gross wage levels, assessment of the adequacy of statutory distribution and growth. The use of minimum wages in specific national indicators commonly used at international context. The adequacy of statutory level, such as 60% of the gross median minimum wages may be assessed, inter wage and 50% of the gross average wage, alia, in relation to their purchasing power, can help guide the assessment of minimum to the productivity developments and to wage adequacy in relation to the gross their relation to the gross wage levels, level of wages. distribution and growth. The use of indicators commonly used at international level, such as 60% of the gross median wage and 50% of the gross average wage, can also help guide the assessment of minimum wage adequacy in relation to the gross level of wages.

Or. en

PE692.765v02-00 144/443 AM\1231713EN.docx EN Justification

While the adequacy of the statutory minimum wage is an important element of the minimum wage setting, the criteria applied should be left for the decision of the Member States in light of the Article 153 par. 5 of the Treaty on the Functioning of the EU.

Amendment 297 Anne Sander

Proposal for a directive Recital 21

Text proposed by the Commission Amendment

(21) Minimum wages are considered (21) Minimum wages are considered adequate if they are fair in relation to the adequate if they are fair in relation to the wage distribution in the country and if they wage distribution in the country and if they provide a decent standard of living. The provide a decent standard of living. The adequacy of statutory minimum wages is adequacy of statutory minimum wages is determined in view of the national socio- determined in view of the national socio- economic conditions, including economic conditions, including employment growth, competitiveness as employment growth, competitiveness as well as regional and sectoral developments. well as regional and sectoral developments. Their adequacy should be assessed at least Their adequacy may be assessed, if in relation to their purchasing power, to the necessary, in relation to their purchasing productivity developments and to their power, to the productivity developments relation to the gross wage levels, and to their relation to the gross wage distribution and growth. The use of levels, distribution and growth. indicators commonly used at international level, such as 60% of the gross median wage and 50% of the gross average wage, can help guide the assessment of minimum wage adequacy in relation to the gross level of wages.

Or. fr

Amendment 298 Maria Walsh, Seán Kelly, Jeroen Lenaers

Proposal for a directive Recital 21

AM\1231713EN.docx 145/443 PE692.765v02-00 EN Text proposed by the Commission Amendment

(21) Minimum wages are considered (21) Minimum wages are considered adequate if they are fair in relation to the adequate if they are fair in relation to the wage distribution in the country and if they wage distribution in the country and if they provide a decent standard of living. The provide a decent standard of living. The adequacy of statutory minimum wages is adequacy of statutory minimum wages is determined in view of the national socio- determined in view of the national socio- economic conditions, including economic conditions, including employment growth, competitiveness as employment growth, competitiveness as well as regional and sectoral developments. well as regional and sectoral developments. Their adequacy should be assessed at least Their adequacy should be assessed at least in relation to their purchasing power, to the in relation to their purchasing power, to the productivity developments and to their productivity developments and to their relation to the gross wage levels, relation to the gross wage levels, distribution and growth. The use of distribution and growth. indicators commonly used at international level, such as 60% of the gross median wage and 50% of the gross average wage, can help guide the assessment of minimum wage adequacy in relation to the gross level of wages.

Or. en

Amendment 299 Krzysztof Hetman, Jarosław Duda, Sara Skyttedal, Romana Tomc, Jeroen Lenaers, Radan Kanev

Proposal for a directive Recital 21

Text proposed by the Commission Amendment

PE692.765v02-00 146/443 AM\1231713EN.docx EN relation to the gross wage levels, relation to the gross wage levels, distribution and growth. The use of distribution and growth. indicators commonly used at international level, such as 60% of the gross median wage and 50% of the gross average wage, can help guide the assessment of minimum wage adequacy in relation to the gross level of wages.

Or. en

Amendment 300 Stefan Berger, Ralf Seekatz, Markus Ferber, Sven Schulze, Jens Gieseke, Markus Pieper, Angelika Winzig, Sara Skyttedal, Henna Virkkunen, Axel Voss, Tomáš Zdechovský

Proposal for a directive Recital 21

Text proposed by the Commission Amendment

(21) Minimum wages are considered (21) Minimum wages are considered adequate if they are fair in relation to the adequate if they are fair in relation to the wage distribution in the country and if they wage distribution in the country and if they provide a decent standard of living. The provide a decent standard of living. The adequacy of statutory minimum wages is adequacy of statutory minimum wages is determined in view of the national socio- determined in view of the national socio- economic conditions, including economic conditions, including employment growth, competitiveness as employment growth, competitiveness as well as regional and sectoral developments. well as regional and sectoral developments. Their adequacy should be assessed at least Their adequacy should be assessed at least in relation to their purchasing power, to the in relation to their purchasing power, to the productivity developments and to their productivity developments and to their relation to the gross wage levels, relation to the gross wage levels, distribution and growth. The use of distribution and growth. indicators commonly used at international level, such as 60% of the gross median wage and 50% of the gross average wage, can help guide the assessment of minimum wage adequacy in relation to the gross level of wages.

Or. en

AM\1231713EN.docx 147/443 PE692.765v02-00 EN Amendment 301 Elena Lizzi, Stefania Zambelli

Proposal for a directive Recital 21

Text proposed by the Commission Amendment

(21) Minimum wages are considered (21) Minimum wages are considered adequate if they are fair in relation to the adequate if they are fair in relation to the wage distribution in the country and if they wage distribution in the country and if they provide a decent standard of living. The provide a decent standard of living for adequacy of statutory minimum wages is workers and their families on the basis of determined in view of the national socio- a full-time employment contract. The economic conditions, including adequacy of statutory minimum wages is employment growth, competitiveness as determined in view of the national socio- well as regional and sectoral developments. economic conditions, including Their adequacy should be assessed at least employment growth, competitiveness as in relation to their purchasing power, to the well as regional and sectoral developments. productivity developments and to their Their adequacy can be assessed if relation to the gross wage levels, necessary in relation to their purchasing distribution and growth. The use of power and to their relation to the gross indicators commonly used at international wage levels, distribution and growth. level, such as 60% of the gross median wage and 50% of the gross average wage, can help guide the assessment of minimum wage adequacy in relation to the gross level of wages.

Or. it

Amendment 302 Radan Kanev

Proposal for a directive Recital 21

Text proposed by the Commission Amendment

PE692.765v02-00 148/443 AM\1231713EN.docx EN well as regional and sectoral competitiveness as well as regional and developments. Their adequacy should be sectorial developments. Their adequacy assessed at least in relation to their should be assessed at least in relation to purchasing power, to the productivity their purchasing power, their relation to the developments and to their relation to the gross wage levels, distribution and growth. gross wage levels, distribution and growth. The internationally recognised level of The use of indicators commonly used at 60% of the gross median wage and 50% of international level, such as 60% of the the gross average wage, can help guide the gross median wage and 50% of the gross assessment of minimum wage adequacy in average wage, can help guide the relation to the gross level of wages, assessment of minimum wage adequacy in including on regional and sectorial basis. relation to the gross level of wages. Almost all Member States with a statutory minimum wage fall short of that threshold of decency and should adjust the level accordingly, including on regional and sectorial level.

Or. en

Amendment 303 Daniela Rondinelli, Chiara Gemma

Proposal for a directive Recital 21

Text proposed by the Commission Amendment

(21) Minimum wages are considered (21) Minimum wages are considered to adequate if they are fair in relation to the be adequate and fair if they improve the wage distribution in the country and if they wage distribution in the country and if they provide a decent standard of living. The provide a decent standard of living for adequacy of statutory minimum wages is workers and their families on the basis of determined in view of the national socio- a full-time employment contract. The economic conditions, including adequacy of statutory minimum wages is employment growth, competitiveness as determined in view of the national socio- well as regional and sectoral economic conditions, and must under no developments. Their adequacy should be circumstances be below the relative assessed at least in relation to their poverty threshold. Their adequacy should purchasing power, to the productivity be assessed at least in relation to their developments and to their relation to the purchasing power and to their relation to gross wage levels, distribution and growth. the gross wage levels, distribution and The use of indicators commonly used at growth. The rates of 60% of the gross international level, such as 60% of the median wage and 50% of the gross average gross median wage and 50% of the gross wage, which are recognised at average wage, can help guide the international level, can help guide the assessment of minimum wage adequacy in assessment of minimum wage adequacy in relation to the gross level of wages. Almost

AM\1231713EN.docx 149/443 PE692.765v02-00 EN relation to the gross level of wages. all Member States with a statutory minimum wage fall short of that threshold of decency and should adjust the level accordingly.

Or. it

Amendment 304 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Recital 21

Text proposed by the Commission Amendment

(21) Minimum wages are considered (21) Minimum wages are adequate if adequate if they are fair in relation to the they improve wage distribution in the wage distribution in the country and if they country and if they provide a decent provide a decent standard of living. The standard of living. The adequacy of adequacy of statutory minimum wages is statutory minimum wages is determined in determined in view of the national socio- view of the national socio-economic economic conditions, including conditions. Their adequacy should be employment growth, competitiveness as assessed at least in relation to their well as regional and sectoral purchasing power, to their relation to the developments. Their adequacy should be gross wage levels, distribution, growth, the assessed at least in relation to their at-risk-of-poverty rate before social purchasing power, to the productivity transfer, the gender pay gap, and regional developments and to their relation to the disparities. The adequacy of a minimum gross wage levels, distribution and growth. wage recognised at international level, is at The use of indicators commonly used at 60% of the gross median wage and 50% of international level, such as 60% of the the gross average wage, and a basket of gross median wage and 50% of the gross goods which shall include, but not be average wage, can help guide the limited to, costs of adequate housing, assessment of minimum wage adequacy in healthy food, clothing, transport, health relation to the gross level of wages. care and medical supplies as well as resources necessary to participate in cultural, educational and social activities and insurance against unforeseen circumstances;

Or. en

Amendment 305 Jeroen Lenaers, Miriam Lexmann

PE692.765v02-00 150/443 AM\1231713EN.docx EN Proposal for a directive Recital 21

Text proposed by the Commission Amendment

(21) Minimum wages are considered (21) Minimum wages are considered adequate if they are fair in relation to the adequate if they are fair in relation to the wage distribution in the country and if they wage distribution in the country and if they provide a decent standard of living. The provide a decent standard of living. The adequacy of statutory minimum wages is adequacy of statutory minimum wages is determined in view of the national socio- determined in view of the national socio- economic conditions, including economic conditions, including employment growth, competitiveness as employment growth, competitiveness, well as regional and sectoral developments. national systems for taxes and allowances Their adequacy should be assessed at least as well as regional and sectoral in relation to their purchasing power, to the developments. Their adequacy should be productivity developments and to their assessed at least in relation to their relation to the gross wage levels, purchasing power, and to their relation to distribution and growth. The use of the gross wage levels, distribution and indicators commonly used at international growth. The use of indicators commonly level, such as 60% of the gross median used at international level, can help guide wage and 50% of the gross average wage, the assessment of minimum wage can help guide the assessment of minimum adequacy in relation to the gross level of wage adequacy in relation to the gross wages. level of wages.

Or. en

Amendment 306 Vilija Blinkevičiūtė

Proposal for a directive Recital 21

Text proposed by the Commission Amendment

AM\1231713EN.docx 151/443 PE692.765v02-00 EN in relation to their purchasing power, to the should be assessed at least in relation to productivity developments and to their their purchasing power, to the productivity relation to the gross wage levels, developments and to their relation to the distribution and growth. The use of gross wage levels, distribution and growth. indicators commonly used at international The use of indicators commonly used at level, such as 60% of the gross median international level, such as 60% of the wage and 50% of the gross average wage, gross median wage and 50% of the gross can help guide the assessment of minimum average wage, can help guide the wage adequacy in relation to the gross assessment of minimum wage adequacy in level of wages. relation to the gross level of wages.

Or. lt

Amendment 307 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis

Proposal for a directive Recital 21

Text proposed by the Commission Amendment

(21) Minimum wages are considered (21) Minimum wages are considered to adequate if they are fair in relation to the be adequate and decent if they improve wage distribution in the country and if they wage distribution in the country and if they provide a decent standard of living. The provide a decent standard of living for adequacy of statutory minimum wages is workers and their families on the basis of determined in view of the national socio- a full time employment contract. The economic conditions, including adequacy of statutory minimum wages is employment growth, competitiveness as determined in view of the national socio- well as regional and sectoral economic conditions. Their adequacy developments. Their adequacy should be should be assessed at least in relation to assessed at least in relation to their their purchasing power. The purchasing power, to the productivity internationally recognized level of developments and to their relation to the decency 60% of the gross median wage gross wage levels, distribution and and 50% of the gross average wage, can growth. The use of indicators commonly help guide the assessment of minimum used at international level, such as 60% wage adequacy in relation to the gross of the gross median wage and 50% of the level of wages. The level of decency is not gross average wage, can help guide the reached yet in many Member States. The assessment of minimum wage adequacy in Member States should ensure that relation to the gross level of wages. statutory minimum wages are not paid below those levels.

Or. en

PE692.765v02-00 152/443 AM\1231713EN.docx EN Amendment 308 Johan Danielsson, Heléne Fritzon, Marianne Vind

Proposal for a directive Recital 21

Text proposed by the Commission Amendment

(21) Minimum wages are considered (21) Statutory minimum wages are adequate if they are fair in relation to the considered adequate if they are fair in wage distribution in the country and if they relation to the wage distribution in the provide a decent standard of living. The country and if they provide a decent adequacy of statutory minimum wages is standard of living. The adequacy of determined in view of the national socio- statutory minimum wages is determined in economic conditions, including view of the national socio-economic employment growth, competitiveness as conditions, including employment growth, well as regional and sectoral developments. competitiveness as well as regional and Their adequacy should be assessed at least sectoral developments. Their adequacy in relation to their purchasing power, to the should be assessed at least in relation to productivity developments and to their their purchasing power, to the productivity relation to the gross wage levels, developments and to their relation to the distribution and growth. The use of gross wage levels, distribution and growth. indicators commonly used at international The use of indicators commonly used at level, such as 60% of the gross median international level, such as 60% of the wage and 50% of the gross average wage, gross median wage and 50% of the gross can help guide the assessment of minimum average wage, can help guide the wage adequacy in relation to the gross assessment of minimum wage adequacy in level of wages. relation to the gross level of wages.

Or. en

Amendment 309 Leila Chaibi, Manon Aubry, Manuel Bompard, Emmanuel Maurel, Younous Omarjee, Anne-Sophie Pelletier, José Gusmão

Proposal for a directive Recital 21

Text proposed by the Commission Amendment

AM\1231713EN.docx 153/443 PE692.765v02-00 EN employment growth, competitiveness as employment growth and regional and well as regional and sectoral developments. sectoral developments. Their adequacy Their adequacy should be assessed at least should be assessed at least in relation to in relation to their purchasing power, to the their purchasing power, to the productivity productivity developments and to their developments and to their relation to the relation to the gross wage levels, gross wage levels, distribution and growth. distribution and growth. The use of The minimum wage of each Member indicators commonly used at international State should be set at no less than 75% of level, such as 60% of the gross median the national gross median wage. A lower wage and 50% of the gross average wage, threshold, such as the poverty threshold, can help guide the assessment of is not an appropriate benchmark for wage minimum wage adequacy in relation to setting. the gross level of wages.

Or. fr

Amendment 310 David Casa

Proposal for a directive Recital 21

Text proposed by the Commission Amendment

(21) Minimum wages are considered (21) Minimum wages are considered to adequate if they are fair in relation to the be adequate and fair if they improve wage wage distribution in the country and if they distribution in the country and if they provide a decent standard of living. The provide a decent standard of living for adequacy of statutory minimum wages is workers and their families on the basis of determined in view of the national socio- a full time employment contract.. The economic conditions, including adequacy of statutory minimum wages is employment growth, competitiveness as determined in view of the national socio- well as regional and sectoral developments. economic conditions, including Their adequacy should be assessed at least employment growth, competitiveness as in relation to their purchasing power, to the well as regional and sectoral developments. productivity developments and to their Their adequacy should be assessed at least relation to the gross wage levels, in relation to their purchasing power, their distribution and growth. The use of relation to the gross wage levels, indicators commonly used at international distribution and growth. The level, such as 60% of the gross median internationally recognised level of 60% of wage and 50% of the gross average wage, the gross median wage and 50% of the can help guide the assessment of minimum gross average wage, can help guide the wage adequacy in relation to the gross assessment of minimum wage adequacy in level of wages. relation to the gross level of wages.

Or. en

PE692.765v02-00 154/443 AM\1231713EN.docx EN Amendment 311 Sylvie Brunet, Marie-Pierre Vedrenne, Véronique Trillet-Lenoir, Stéphane Bijoux, Ilana Cicurel, Samira Rafaela, Yana Toom

Proposal for a directive Recital 21

Text proposed by the Commission Amendment

(21) Minimum wages are considered (21) Minimum wages are considered adequate if they are fair in relation to the adequate if they are fair in relation to the wage distribution in the country and if they wage distribution in the country and if they provide a decent standard of living. The provide a decent standard of living. The adequacy of statutory minimum wages is adequacy of statutory minimum wages is determined in view of the national socio- determined in view of the national socio- economic conditions, including economic conditions, including employment growth, competitiveness as employment growth, competitiveness as well as regional and sectoral developments. well as regional and sectoral developments. Their adequacy should be assessed at least Their adequacy should be assessed at least in relation to their purchasing power, to the in relation to their purchasing power and to productivity developments and to their their relation to the gross wage levels, relation to the gross wage levels, distribution and growth. The use of distribution and growth. The use of indicators commonly used at international indicators commonly used at international level, such as 60% of the gross median level, such as 60% of the gross median wage and 50% of the gross average wage, wage and 50% of the gross average wage, can help guide the assessment of minimum can help guide the assessment of minimum wage adequacy in relation to the gross wage adequacy in relation to the gross level of wages. level of wages.

Or. en

Amendment 312 Jessica Polfjärd, Sara Skyttedal, Tomas Tobé, Jörgen Warborn, Arba Kokalari, David Lega

Proposal for a directive Recital 21

Text proposed by the Commission Amendment

AM\1231713EN.docx 155/443 PE692.765v02-00 EN adequacy of statutory minimum wages is adequacy of statutory minimum wages is determined in view of the national socio- determined in view of the national socio- economic conditions, including economic conditions, including employment growth, competitiveness as employment growth, competitiveness as well as regional and sectoral developments. well as regional and sectoral developments. Their adequacy should be assessed at least Their adequacy should be assessed at least in relation to their purchasing power, to the in relation to their purchasing power, to the productivity developments and to their productivity developments and to their relation to the gross wage levels, relation to the gross wage levels, distribution and growth. The use of distribution and growth. The use of indicators commonly used at international indicators commonly used in each level, such as 60% of the gross median Member State and that are in accordance wage and 50% of the gross average wage, with their national laws and practices can can help guide the assessment of minimum help guide the assessment of minimum wage adequacy in relation to the gross wage adequacy in relation to the gross level of wages. level of wages.

Or. en

Amendment 313 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão, Leila Chaibi

Proposal for a directive Recital 21 a (new)

Text proposed by the Commission Amendment

(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

PE692.765v02-00 156/443 AM\1231713EN.docx EN 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.

Or. en

Amendment 314 Radan Kanev

Proposal for a directive Recital 21 a (new)

Text proposed by the Commission Amendment

(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.

Or. en

Amendment 315 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão, Leila Chaibi

AM\1231713EN.docx 157/443 PE692.765v02-00 EN Proposal for a directive Recital 21 b (new)

Text proposed by the Commission Amendment

(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

Or. en

Amendment 316 Johan Danielsson, Heléne Fritzon, Marianne Vind

Proposal for a directive Recital 22

Text proposed by the Commission Amendment

(22) To promote adequacy of minimum deleted 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. 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

PE692.765v02-00 158/443 AM\1231713EN.docx EN disproportionate.

Or. en

Amendment 317 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, Sandra Pereira, José Gusmão, Leila Chaibi

Proposal for a directive Recital 22

Text proposed by the Commission Amendment

Or. en

Amendment 318 Daniela Rondinelli, Chiara Gemma

Proposal for a directive Recital 22

Text proposed by the Commission Amendment

(22) To promote adequacy of minimum (22) To promote and ensure adequacy wages for all groups of workers, variations and fairness of minimum wages for all and deductions from statutory minimum groups of workers, it is necessary to apply wages should be limited to a minimum, the principle of equal treatment and the while ensuring that social partners are setting of the minimum wage above the

AM\1231713EN.docx 159/443 PE692.765v02-00 EN duly consulted in their definition. Some relative poverty level, so as to ensure that deductions to statutory minimum wages all workers and their families have an may be justified by a legitimate aim, adequate standard of living, access to including overstated amounts paid or basic goods and services, and protection deductions ordered by a judicial authority. against unforeseen shocks, ensuring full Others, such as deductions related to the participation in economic and social life. equipment necessary to perform a job or The exclusion of any worker from the deductions of allowances in kind, such as protection of a statutory minimum wage accommodation, may be unjustified or cannot be justified. Variations of statutory disproportionate. 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 job or allowances in kind, such as accommodation, should therefore not be deducted from statutory minimum wages. 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.

Or. it

Amendment 319 Radan Kanev

Proposal for a directive Recital 22

Text proposed by the Commission Amendment

(22) To promote adequacy of minimum (22) To promote and ensure the wages for all groups of workers, variations adequacy and fairness of minimum wages and deductions from statutory minimum for all groups of workers, it is necessary to wages should be limited to a minimum, apply the principle of equal treatment. while ensuring that social partners are The exclusion of any worker from the duly consulted in their definition. Some protection of a statutory minimum wage deductions to statutory minimum wages cannot be justified. Variations of statutory may be justified by a legitimate aim, minimum wages as well as deductions including overstated amounts paid or resulting in levels of wages below the deductions ordered by a judicial authority. statutory minimum wage undermine the Others, such as deductions related to the principle of equal treatment of workers equipment necessary to perform a job or and the objective of this Directive. Work- deductions of allowances in kind, such as related expenses, such as equipment

PE692.765v02-00 160/443 AM\1231713EN.docx EN accommodation, may be unjustified or necessary to perform the job, or in-kind disproportionate. allowances, such as accommodation, should therefore not be deducted from statutory minimum wages. 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, except on the basis of a sectorial collective agreement.

Or. en

Amendment 320 Klára Dobrev

Proposal for a directive Recital 22

Text proposed by the Commission Amendment

(22) To promote adequacy of minimum (22) To ensure adequacy and fairness wages for all groups of workers, variations of minimum wages for all groups of and deductions from statutory minimum workers, it is necessary to apply the wages should be limited to a minimum, principle of equal treatment. The while ensuring that social partners are exclusion of any worker from the duly consulted in their definition. Some protection of a statutory minimum wage deductions to statutory minimum wages cannot be justified. Special work schemes may be justified by a legitimate aim, paying below the statutory level, including overstated amounts paid or variations of statutory minimum wages as deductions ordered by a judicial authority. well as deductions resulting in levels of Others, such as deductions related to the wages below the statutory minimum wage equipment necessary to perform a job or undermine the principle of equal deductions of allowances in kind, such as treatment of workers and the objective of accommodation, may be unjustified or this Directive. Work- related expenses, disproportionate. such as equipment necessary to perform the job, or in-kind allowances, such as accommodation, should therefore not be deducted from statutory minimum wages. 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.

Or. en

AM\1231713EN.docx 161/443 PE692.765v02-00 EN Amendment 321 Elisabetta Gualmini, Pierfrancesco Majorino, Brando Benifei

Proposal for a directive Recital 22

Text proposed by the Commission Amendment

Or. en

Amendment 322 Monica Semedo, Atidzhe Alieva-Veli, Jordi Cañas, Samira Rafaela, Dragoș Pîslaru

Proposal for a directive Recital 22

Text proposed by the Commission Amendment

PE692.765v02-00 162/443 AM\1231713EN.docx EN while ensuring that social partners are duly strictly limited to a minimum, while consulted in their definition. Some ensuring that social partners are duly deductions to statutory minimum wages consulted in their definition and may be justified by a legitimate aim, continuous assessment. Some deductions including overstated amounts paid or to statutory minimum wages may be deductions ordered by a judicial authority. justified by a legitimate aim, including Others, such as deductions related to the overstated amounts paid or deductions equipment necessary to perform a job or ordered by a judicial authority. Others, deductions of allowances in kind, such as such as deductions related to the equipment accommodation, may be unjustified or necessary to perform a job or deductions of disproportionate. allowances in kind, such as accommodation, are unjustified and disproportionate and should not be permitted.

Or. en

Amendment 323 Samira Rafaela, Marie-Pierre Vedrenne, Véronique Trillet-Lenoir, Sylvie Brunet

Proposal for a directive Recital 22

Text proposed by the Commission Amendment

(22) To promote adequacy of minimum (22) To promote adequacy of minimum wages for all groups of workers, variations wages for all groups of workers, variations and deductions from statutory minimum and deductions from statutory minimum wages should be limited to a minimum, wages should be limited to a minimum, while ensuring that social partners are duly while ensuring that social partners are duly consulted in their definition. Some consulted in both their definition and in deductions to statutory minimum wages ensuring that variations are non- may be justified by a legitimate aim, discriminatory. Some deductions to including overstated amounts paid or statutory minimum wages may be justified deductions ordered by a judicial authority. by a legitimate aim, including overstated Others, such as deductions related to the amounts paid or deductions ordered by a equipment necessary to perform a job or judicial authority. Others, such as deductions of allowances in kind, such as deductions related to the equipment accommodation, may be unjustified or necessary to perform a job or deductions of disproportionate. allowances in kind, such as accommodation, may be unjustified or disproportionate.

Or. en

AM\1231713EN.docx 163/443 PE692.765v02-00 EN Amendment 324 Jeroen Lenaers, Miriam Lexmann

Proposal for a directive Recital 22

Text proposed by the Commission Amendment

(22) To promote adequacy of minimum (22) To promote adequacy of minimum wages for all groups of workers, variations wages for all groups of workers, Member and deductions from statutory minimum States should ensure that variations and wages should be limited to a minimum, deductions from statutory minimum wages while ensuring that social partners are duly are non-discriminatory, proportionate and consulted in their definition. Some justified, while ensuring that social deductions to statutory minimum wages partners are duly consulted in their may be justified by a legitimate aim, definition. Some deductions to statutory including overstated amounts paid or minimum wages may be justified by a deductions ordered by a judicial authority. legitimate aim, including overstated Others, such as deductions related to the amounts paid or deductions ordered by a equipment necessary to perform a job or judicial authority. Others, such as deductions of allowances in kind, such as deductions related to the equipment accommodation, may be unjustified or necessary to perform a job or deductions of disproportionate. allowances in kind, such as accommodation, may be unjustified or disproportionate.

Or. en

Amendment 325 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Recital 22

Text proposed by the Commission Amendment

(22) To promote adequacy of minimum (22) To promote minimum wages that wages for all groups of workers, variations provide for a decent standard of living for and deductions from statutory minimum all groups of workers including youth, wages should be limited to a minimum, persons with disabilities, migrant workers while ensuring that social partners are duly or with a racial or ethnic background, consulted in their definition. Some and women, variations and deductions deductions to statutory minimum wages from statutory minimum wages should be may be justified by a legitimate aim, banned, while ensuring that social partners including overstated amounts paid or are duly consulted in their definition. No deductions ordered by a judicial authority. deductions to statutory minimum wages

PE692.765v02-00 164/443 AM\1231713EN.docx EN Others, such as deductions related to the may be justified. Deductions related to the equipment necessary to perform a job or equipment necessary to perform a job or deductions of allowances in kind, such as deductions of allowances in kind, such as accommodation, may be unjustified or accommodation, are particularly disproportionate. unjustified and disproportionate.

Or. en

Amendment 326 Gheorghe Falcă, Eugen Tomac, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu Winkler, Daniel Buda, Vasile Blaga, Ioan-Rareş Bogdan, Loránt Vincze, Cristian-Silviu Buşoi

Proposal for a directive Recital 22

Text proposed by the Commission Amendment

(22) To promote adequacy of minimum (22) To promote a framework for wages for all groups of workers, variations minimum wages for all groups of workers, and deductions from statutory minimum variations and deductions from statutory wages should be limited to a minimum, minimum wages should be non- while ensuring that social partners are duly discriminatory and proportionate, while consulted in their definition. Some ensuring that social partners are duly deductions to statutory minimum wages consulted in their definition. Some may be justified by a legitimate aim, deductions to statutory minimum wages including overstated amounts paid or are justified by a legitimate aim, including deductions ordered by a judicial authority. overstated amounts paid or deductions Others, such as deductions related to the ordered by a judicial authority. Others, equipment necessary to perform a job or such as deductions related to the equipment deductions of allowances in kind, such as necessary to perform a job or deductions of accommodation, may be unjustified or allowances in kind, such as disproportionate. accommodation, may be unjustified or disproportionate.

Or. en

Amendment 327 Eugen Tomac, Marian-Jean Marinescu, Vasile Blaga, Daniel Buda, Siegfried Mureşan

Proposal for a directive Recital 22

AM\1231713EN.docx 165/443 PE692.765v02-00 EN Text proposed by the Commission Amendment

(22) To promote adequacy of minimum (22) To promote minimum wages for all wages for all groups of workers, variations groups of workers, variations and and deductions from statutory minimum deductions from statutory minimum wages wages should be limited to a minimum, should be drawn ensuring that social while ensuring that social partners are duly partners are duly consulted in their consulted in their definition. Some definition. Some deductions to statutory deductions to statutory minimum wages minimum wages may be justified by a may be justified by a legitimate aim, legitimate aim, including overstated including overstated amounts paid or amounts paid or deductions ordered by a deductions ordered by a judicial authority. judicial authority. Others, such as Others, such as deductions related to the deductions related to the equipment equipment necessary to perform a job or necessary to perform a job or deductions of deductions of allowances in kind, such as allowances in kind, such as accommodation, may be unjustified or accommodation, may be unjustified or disproportionate. disproportionate.

Or. en

Amendment 328 Anne Sander

Proposal for a directive Recital 22

Text proposed by the Commission Amendment

(22) To promote adequacy of minimum (22) To promote adequacy of minimum wages for all groups of workers, variations wages for all groups of workers, variations and deductions from statutory minimum and deductions from statutory minimum wages should be limited to a minimum, wages should be limited to a minimum, while ensuring that social partners are duly while ensuring that social partners are duly consulted in their definition. Some consulted in their definition. Variations deductions to statutory minimum wages and deductions should, however, remain may be justified by a legitimate aim, possible. Some deductions to statutory including overstated amounts paid or minimum wages may be justified by a deductions ordered by a judicial authority. legitimate aim, including overstated Others, such as deductions related to the amounts paid or deductions ordered by a equipment necessary to perform a job or judicial authority. Some variations, deductions of allowances in kind, such as particularly in relation to apprenticeships accommodation, may be unjustified or or employment of young workers, may disproportionate. also be justified.

Or. fr

PE692.765v02-00 166/443 AM\1231713EN.docx EN Amendment 329 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Recital 22 a (new)

Text proposed by the Commission Amendment

(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.

Or. en

Amendment 330 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Recital 22 a (new)

Text proposed by the Commission Amendment

(22 a) Given the over-representation of women in low-paying jobs, the

AM\1231713EN.docx 167/443 PE692.765v02-00 EN 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.

Or. en

Amendment 331 Monica Semedo, Atidzhe Alieva-Veli, Jordi Cañas, Marie-Pierre Vedrenne, Ilana Cicurel, Samira Rafaela, Véronique Trillet-Lenoir, Stéphane Bijoux, Dragoș Pîslaru, Sylvie Brunet

Proposal for a directive Recital 23

Text proposed by the Commission Amendment

(23) An effective enforcement system, (23) An effective enforcement system, including controls and field inspections, is including reinforced controls and field necessary to ensure the functioning of inspections, is necessary to ensure the national statutory minimum wage functioning of and compliance with frameworks. To strengthen the national statutory minimum wage effectiveness of enforcement authorities, a frameworks particularly in at-risk sectors. close cooperation with the social partners To strengthen the effectiveness of is also needed, including to address critical enforcement authorities, a close challenges such as those related to sub- cooperation with the social partners is also contracting, bogus self-employment or needed, including to address critical non-recorded overtime. Moreover, workers challenges such as those related to abusive should have easily access to appropriate sub-contracting, bogus self-employment or information on applicable statutory non-recorded overtime. Moreover, workers minimum wages to ensure an adequate should be able to easily access appropriate degree of transparency and predictability as information on applicable statutory regards their working conditions. minimum wages to ensure an adequate degree of transparency and predictability as regards their working conditions and enforcement of their rights. Member States should ensure this through, inter alia, the establishment of dedicated public

PE692.765v02-00 168/443 AM\1231713EN.docx EN websites and awareness raising campaigns.

Or. en

Amendment 332 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, Sandra Pereira, José Gusmão, Leila Chaibi

Proposal for a directive Recital 23

Text proposed by the Commission Amendment

(23) An effective enforcement system, (23) An effective enforcement system, including controls and field inspections, is including controls and field inspections, is necessary to ensure the functioning of necessary to ensure the functioning of national statutory minimum wage national statutory minimum wage frameworks. To strengthen the frameworks. In order to ensure that effectiveness of enforcement authorities, a labour inspections can be carried out close cooperation with the social partners effectively, each labour inspector should is also needed, including to address critical be assigned to inspect no more than challenges such as those related to sub- 10 000 workers. To strengthen the contracting, bogus self-employment or effectiveness of enforcement authorities, a non-recorded overtime. Moreover, workers close cooperation with the social partners should have easily access to appropriate is also needed, including to address critical information on applicable statutory challenges such as those related to sub- minimum wages to ensure an adequate contracting, bogus self-employment or degree of transparency and predictability as non-recorded overtime. Moreover, workers regards their working conditions. 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.

Or. en

(https://ilostat.ilo.org/resources/concepts-and-definitions/description-labour-inspection/)

Amendment 333 Eugen Tomac, Marian-Jean Marinescu, Vasile Blaga, Daniel Buda, Siegfried Mureşan

Proposal for a directive Recital 23

AM\1231713EN.docx 169/443 PE692.765v02-00 EN Text proposed by the Commission Amendment

(23) An effective enforcement system, (23) An effective enforcement system, including controls and field inspections, is including enhanced controls and field necessary to ensure the functioning of inspections, is necessary to ensure the national statutory minimum wage functioning of national statutory minimum frameworks. To strengthen the wage frameworks and the respect of effectiveness of enforcement authorities, a labour standards for all workers. To close cooperation with the social partners strengthen the effectiveness of enforcement is also needed, including to address critical authorities, a close cooperation with the challenges such as those related to sub- social partners is also needed, including to contracting, bogus self-employment or address critical challenges such as those non-recorded overtime. Moreover, workers related to sub-contracting, bogus self- should have easily access to appropriate employment or non-recorded overtime. information on applicable statutory Moreover, workers should have easily minimum wages to ensure an adequate access to appropriate information on degree of transparency and predictability as applicable statutory minimum wages to regards their working conditions. ensure an adequate degree of transparency and predictability as regards their working conditions, as well as access to information on complaints mechanisms.

Or. en

Amendment 334 Krzysztof Hetman, Jarosław Duda, Romana Tomc, Radan Kanev

Proposal for a directive Recital 23

Text proposed by the Commission Amendment

(23) An effective enforcement system, (23) An effective enforcement system, including controls and field inspections, is including controls and field inspections, is necessary to ensure the functioning of necessary to ensure the functioning of national statutory minimum wage national statutory minimum wage frameworks. To strengthen the frameworks. To strengthen the effectiveness of enforcement authorities, a effectiveness of enforcement authorities, a close cooperation with the social partners close cooperation with the social partners is also needed, including to address critical is also needed, including to address critical challenges such as those related to sub- challenges such as those related to sub- contracting, bogus self-employment or contracting, bogus self-employment or non-recorded overtime. Moreover, workers non-recorded overtime. Moreover, workers should have easily access to appropriate should have easily access to appropriate information on applicable statutory information on applicable statutory minimum wages to ensure an adequate minimum wages, also in formats

PE692.765v02-00 170/443 AM\1231713EN.docx EN degree of transparency and predictability as accessible to people with different types of regards their working conditions. disabilities, to ensure an adequate degree of transparency and predictability as regards their working conditions.

Or. en

Amendment 335 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Recital 23

Text proposed by the Commission Amendment

(23) An effective enforcement system, (23) An effective enforcement system, including controls and field inspections, is including controls and field inspections, is necessary to ensure the functioning of necessary to ensure the functioning of national statutory minimum wage national statutory minimum wage frameworks. To strengthen the frameworks. To strengthen the effectiveness of enforcement authorities, a effectiveness of enforcement authorities, close cooperation with the social partners Member States shall carry out a minimum is also needed, including to address critical amount of controls per worker annually challenges such as those related to sub- as well as enter into a close cooperation contracting, bogus self-employment or with the social partners is also needed, non-recorded overtime. Moreover, workers including to address critical challenges should have easily access to appropriate such as those related to subcontracting, information on applicable statutory bogus self-employment or non-recorded minimum wages to ensure an adequate overtime. Moreover, workers should have degree of transparency and predictability as easy access to information on applicable regards their working conditions. statutory minimum wages to ensure an adequate degree of transparency and predictability as regards their working conditions.

Or. en

Amendment 336 Lukas Mandl

Proposal for a directive Recital 23

AM\1231713EN.docx 171/443 PE692.765v02-00 EN Text proposed by the Commission Amendment

(23) An effective enforcement system, (23) An effective enforcement system, including controls and field inspections, is including controls and field inspections, necessary to ensure the functioning of according to national customs and laws is national statutory minimum wage necessary to ensure the functioning of frameworks. To strengthen the national statutory minimum wage effectiveness of enforcement authorities, a frameworks. To strengthen the close cooperation with the social partners effectiveness of enforcement authorities, a is also needed, including to address critical close cooperation with the social partners challenges such as those related to sub- is also needed, including to address critical contracting, bogus self-employment or challenges such as those related to sub- non-recorded overtime. Moreover, workers contracting, bogus self-employment or should have easily access to appropriate non-recorded overtime. Moreover, workers information on applicable statutory should have easily access to appropriate minimum wages to ensure an adequate information on applicable statutory degree of transparency and predictability as minimum wages to ensure an adequate regards their working conditions. degree of transparency and predictability as regards their working conditions.

Or. en

Amendment 337 Gheorghe Falcă, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu Winkler, Daniel Buda, Vasile Blaga, Siegfried Mureşan, Ioan-Rareş Bogdan, Loránt Vincze, Cristian-Silviu Buşoi

Proposal for a directive Recital 23

Text proposed by the Commission Amendment

(23) An effective enforcement system, (23) An effective enforcement system, including controls and field inspections, is including controls and field inspections, is necessary to ensure the functioning of necessary to ensure the functioning of national statutory minimum wage national statutory minimum wage frameworks. To strengthen the frameworks. To strengthen the effectiveness of enforcement authorities, a effectiveness of enforcement authorities, a close cooperation with the social partners close collaboration and /or cooperation is also needed, including to address critical with the social partners is also challenges such as those related to sub- recommended, including to address critical contracting, bogus self-employment or challenges such as those related to sub- non-recorded overtime. Moreover, workers contracting, bogus self-employment or should have easily access to appropriate non-recorded overtime. Moreover, workers information on applicable statutory should have easily access to appropriate minimum wages to ensure an adequate information on applicable statutory

PE692.765v02-00 172/443 AM\1231713EN.docx EN degree of transparency and predictability as minimum wages to ensure a high degree of regards their working conditions. transparency and predictability as regards their working conditions.

Or. en

Amendment 338 Johan Danielsson, Heléne Fritzon, Marianne Vind

Proposal for a directive Recital 24

Text proposed by the Commission Amendment

(24) The effective implementation of deleted 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 have to 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 Council41 on procurement by entities operating in the water, energy, transport and postal services sectors and Articles 30(3) and 42(1) of Directive 2014/23/EU of the European Parliament and the Council42 on the award of concession contracts.

AM\1231713EN.docx 173/443 PE692.765v02-00 EN ______40 Directive 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 94, 28.3.2014, p. 65). 41 Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243). 42 Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contract (OJ L 94, 28.3.2014, p. 1).

Or. en

Amendment 339 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Recital 24

Text proposed by the Commission Amendment

PE692.765v02-00 174/443 AM\1231713EN.docx EN sector and geographical area in order to minimum wages protection and be open to abide by applicable obligations in the field negotiate with trade unions, interact and of labour law, in accordance with Articles cooperate with them, and apply to their 18(2) and 71(1) of Directive 2014/24/EU workers the wages set by collective of the European Parliament and the agreements for the relevant sector and Council on public procurement40 , Articles geographical area in order to abide by 36(2) and 88(1) of Directive 2014/25/EU applicable obligations in the field of labour of the European Parliament and the law, in accordance with Articles 18(2) and Council41 on procurement by entities 71(1) of Directive 2014/24/EU of the operating in the water, energy, transport European Parliament and the Council on and postal services sectors and Articles public procurement40 , Articles 36(2) and 30(3) and 42(1) of Directive 2014/23/EU 88(1) of Directive 2014/25/EU of the of the European Parliament and the European Parliament and the Council41 on Council42 on the award of concession procurement by entities operating in the contracts. water, energy, transport and postal services sectors and Articles 30(3) and 42(1) of Directive 2014/23/EU of the European Parliament and the Council42 on the award of concession contracts. Article 9(1) is consistent and has to be read in conjunction with in particular Article 18(2) and Annex 10 of Directive 2014/24/EU as well as the case law of the ECJ which has confirmed the mandatory effect of Article 18(2) ______40 Directive 2014/24/EU of the European 40 Directive 2014/24/EU of the European Parliament and of the Council of 26 Parliament and of the Council of 26 February 2014 on public procurement and February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65). 28.3.2014, p. 65). 41 Directive 2014/25/EU of the European 41 Directive 2014/25/EU of the European Parliament and of the Council of 26 Parliament and of the Council of 26 February 2014 on procurement by entities February 2014 on procurement by entities operating in the water, energy, transport operating in the water, energy, transport and postal services sectors and repealing and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243). p. 243). 42 Directive 2014/23/EU of the European 42 Directive 2014/23/EU of the European Parliament and of the Council of 26 Parliament and of the Council of 26 February 2014 on the award of concession February 2014 on the award of concession contract (OJ L 94, 28.3.2014, p. 1). contract (OJ L 94, 28.3.2014, p. 1).

Or. en

AM\1231713EN.docx 175/443 PE692.765v02-00 EN Amendment 340 Daniela Rondinelli, Chiara Gemma

Proposal for a directive Recital 24

Text proposed by the Commission Amendment

(24) The effective implementation of (24) The effective implementation of minimum wage protection set out by legal minimum wage protection set out by legal provisions or provided by collective provisions or provided by collective agreements is essential in the performance agreements is essential in the performance of public procurement and concession of public procurement and concession contracts. Non-respect of collective contracts. Non-recognition of trade unions agreements providing for minimum wage or non-respect of collective agreements protection in a given sector may indeed providing for minimum wage protection in occur in the execution of such contracts or a given sector may indeed occur in the in the sub-contracting chain thereafter, execution of such contracts or in the sub- resulting in workers being paid less than contracting chain thereafter, resulting in the wage level agreed in the sectoral workers being paid less than the wage level collective agreements. To prevent such agreed in the sectoral collective situations, economic operators have to agreements. To prevent such situations, apply to their workers the wages set by economic operators have to be informed of collective agreements for the relevant the implementation of minimum wage sector and geographical area in order to protection and be open to negotiate with abide by applicable obligations in the field trade unions to create a solid and stable of labour law, in accordance with Articles system of industrial relations, and apply to 18(2) and 71(1) of Directive 2014/24/EU their workers the wages set by collective of the European Parliament and the agreements for the relevant sector and Council on public procurement40, Articles geographical area in order to abide by 36(2) and 88(1) of Directive 2014/25/EU applicable obligations in the field of labour of the European Parliament and the law, in accordance with Articles 18(2) and Council on procurement by entities 71(1) of Directive 2014/24/EU of the operating in the water, energy, transport European Parliament and the Council on and postal services sectors41 and Articles public procurement40, Articles 36(2) and 30(3) and 42(1) of Directive 2014/23/EU 88(1) of Directive 2014/25/EU of the of the European Parliament and the European Parliament and the Council on Council on the award of concession procurement by entities operating in the contracts42. 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. ______40 Directive 2014/24/EU of the European 40 Directive 2014/24/EU of the European Parliament and of the Council of Parliament and of the Council of 26 February 2014 on public procurement 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L and repealing Directive 2004/18/EC (OJ L

PE692.765v02-00 176/443 AM\1231713EN.docx EN 94, 28.3.2014, p. 65). 94, 28.3.2014, p. 65). 41 Directive 2014/25/EU of the European 41 Directive 2014/25/EU of the European Parliament and of the Council of Parliament and of the Council of 26 February 2014 on procurement by 26 February 2014 on procurement by entities operating in the water, energy, entities operating in the water, energy, transport and postal services sectors and transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243). 28.3.2014, p. 243). 42 Directive 2014/23/EU of the European 42 Directive 2014/23/EU of the European Parliament and of the Council of 26 Parliament and of the Council of 26 February 2014 on the award of concession February 2014 on the award of concession contract (OJ L 94, 28.3.2014, p. 1). contract (OJ L 94, 28.3.2014, p. 1).

Or. it

Amendment 341 Monica Semedo, Jordi Cañas, Marie-Pierre Vedrenne, Ilana Cicurel, Samira Rafaela, Véronique Trillet-Lenoir, Stéphane Bijoux, Dragoș Pîslaru, Sylvie Brunet

Proposal for a directive Recital 24

Text proposed by the Commission Amendment

AM\1231713EN.docx 177/443 PE692.765v02-00 EN 36(2) and 88(1) of Directive 2014/25/EU the relevant international social and of the European Parliament and the labour law provisions listed in their Council41 on procurement by entities respective annexes, in accordance with operating in the water, energy, transport Articles 18(2) and 71(1) of Directive and postal services sectors and Articles 2014/24/EU of the European Parliament 30(3) and 42(1) of Directive 2014/23/EU and the Council on public procurement, of the European Parliament and the Articles 36(2) and 88(1) of Directive Council42 on the award of concession 2014/25/EU of the European Parliament contracts. and the Council on procurement by entities operating in the water, energy, transport and postal services sectors and Articles 30(3) and 42(1) of Directive 2014/23/EU of the European Parliament and the Council on the award of concession contracts. ______40 Directive 2014/24/EU of the European 40 Directive 2014/24/EU of the European Parliament and of the Council of 26 Parliament and of the Council of 26 February 2014 on public procurement and February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65). 28.3.2014, p. 65). 41 Directive 2014/25/EU of the European 41 Directive 2014/25/EU of the European Parliament and of the Council of 26 Parliament and of the Council of 26 February 2014 on procurement by entities February 2014 on procurement by entities operating in the water, energy, transport operating in the water, energy, transport and postal services sectors and repealing and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243). p. 243). 42 Directive 2014/23/EU of the European 42 Directive 2014/23/EU of the European Parliament and of the Council of 26 Parliament and of the Council of 26 February 2014 on the award of concession February 2014 on the award of concession contract (OJ L 94, 28.3.2014, p. 1). contract (OJ L 94, 28.3.2014, p. 1).

Or. en

Amendment 342 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Recital 24

Text proposed by the Commission Amendment

(24) The effective implementation of (24) The effective implementation of

PE692.765v02-00 178/443 AM\1231713EN.docx EN minimum wage protection set out by legal minimum wage protection set out by legal provisions or provided by collective provisions or provided by collective agreements is essential in the performance agreements is essential in the performance of public procurement and concession of public procurement and concession contracts. Non-respect of collective contracts. The refusal to recognise trade agreements providing for minimum wage unions, the right of workers to freely protection in a given sector may indeed organise and participate in collective occur in the execution of such contracts or bargaining and the failure to comply with in the sub-contracting chain thereafter, the working conditions set in collective resulting in workers being paid less than agreements providing for minimum wage the wage level agreed in the sectoral protection in a given sector may indeed collective agreements. To prevent such occur in the execution of such contracts or situations, economic operators have to in the sub-contracting chain thereafter, apply to their workers the wages set by resulting in workers being paid less than collective agreements for the relevant the wage level agreed in the sectoral sector and geographical area in order to collective agreements. To prevent such abide by applicable obligations in the field situations, economic operators have to of labour law, in accordance with Articles apply to their workers the wages set by 18(2) and 71(1) of Directive 2014/24/EU collective agreements for the relevant of the European Parliament and the sector and geographical area in order to Council on public procurement40 , Articles abide by applicable obligations in the field 36(2) and 88(1) of Directive 2014/25/EU of labour law, in accordance with Articles of the European Parliament and the 18(2) and 71(1) of Directive 2014/24/EU Council41 on procurement by entities of the European Parliament and the operating in the water, energy, transport Council on public procurement, Articles and postal services sectors and Articles 36(2) and 88(1) of Directive 2014/25/EU 30(3) and 42(1) of Directive 2014/23/EU of the European Parliament and the of the European Parliament and the Council on procurement by entities Council42 on the award of concession operating in the water, energy, transport contracts. and postal services sectors and Articles 30(3) and 42(1) of Directive 2014/23/EU of the European Parliament and the Council on the award of concession contracts. ______40 Directive 2014/24/EU of the European 40 Directive 2014/24/EU of the European Parliament and of the Council of 26 Parliament and of the Council of 26 February 2014 on public procurement and February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65). 28.3.2014, p. 65). 41 Directive 2014/25/EU of the European 41 Directive 2014/25/EU of the European Parliament and of the Council of 26 Parliament and of the Council of 26 February 2014 on procurement by entities February 2014 on procurement by entities operating in the water, energy, transport operating in the water, energy, transport and postal services sectors and repealing and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243). p. 243).

AM\1231713EN.docx 179/443 PE692.765v02-00 EN 42 Directive 2014/23/EU of the European 42 Directive 2014/23/EU of the European Parliament and of the Council of 26 Parliament and of the Council of 26 February 2014 on the award of concession February 2014 on the award of concession contract (OJ L 94, 28.3.2014, p. 1). contract (OJ L 94, 28.3.2014, p. 1).

Or. en

Amendment 343 Krzysztof Hetman, Jarosław Duda, Sara Skyttedal, Romana Tomc, Radan Kanev

Proposal for a directive Recital 24

Text proposed by the Commission Amendment

(24) The effective implementation of (24) The effective implementation of minimum wage protection set out by legal minimum wage protection set out by legal provisions or provided by collective provisions or provided by collective agreements is essential in the performance agreements is essential in the performance of public procurement and concession of public procurement and concession contracts. Non-respect of collective contracts. Non-respect of collective agreements providing for minimum wage agreements providing for minimum wage protection in a given sector may indeed protection may indeed occur in the occur in the execution of such contracts or execution of such contracts or in the sub- in the sub-contracting chain thereafter, contracting chain thereafter, resulting in resulting in workers being paid less than workers being paid less than the wage level the wage level agreed in the sectoral agreed in the sectoral collective collective agreements. To prevent such agreements. To prevent such situations, situations, economic operators have to economic operators have to apply to their apply to their workers the wages set by workers the wages set by collective collective agreements for the relevant agreements for the relevant sector and sector and geographical area in order to geographical area in order to abide by abide by applicable obligations in the field applicable obligations in the field of labour of labour law, in accordance with Articles law, in accordance with Articles 18(2) and 18(2) and 71(1) of Directive 2014/24/EU 71(1) of Directive 2014/24/EU of the of the European Parliament and the European Parliament and the Council on Council on public procurement40 , Articles public procurement40 , Articles 36(2) and 36(2) and 88(1) of Directive 2014/25/EU 88(1) of Directive 2014/25/EU of the of the European Parliament and the European Parliament and the Council41 on Council41 on procurement by entities procurement by entities operating in the operating in the water, energy, transport water, energy, transport and postal services and postal services sectors and Articles sectors and Articles 30(3) and 42(1) of 30(3) and 42(1) of Directive 2014/23/EU Directive 2014/23/EU of the European of the European Parliament and the Parliament and the Council42 on the award Council42 on the award of concession of concession contracts. contracts.

PE692.765v02-00 180/443 AM\1231713EN.docx EN ______40 Directive 2014/24/EU of the European 40 Directive 2014/24/EU of the European Parliament and of the Council of 26 Parliament and of the Council of 26 February 2014 on public procurement and February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65). 28.3.2014, p. 65). 41 Directive 2014/25/EU of the European 41 Directive 2014/25/EU of the European Parliament and of the Council of 26 Parliament and of the Council of 26 February 2014 on procurement by entities February 2014 on procurement by entities operating in the water, energy, transport operating in the water, energy, transport and postal services sectors and repealing and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243). p. 243). 42 Directive 2014/23/EU of the European 42 Directive 2014/23/EU of the European Parliament and of the Council of 26 Parliament and of the Council of 26 February 2014 on the award of concession February 2014 on the award of concession contract (OJ L 94, 28.3.2014, p. 1). contract (OJ L 94, 28.3.2014, p. 1).

Or. en

Justification

Amendment 344 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Recital 24 a (new)

Text proposed by the Commission Amendment

(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.

Or. en

AM\1231713EN.docx 181/443 PE692.765v02-00 EN Amendment 345 Dominique Bilde

Proposal for a directive Recital 25

Text proposed by the Commission Amendment

(25) Reliable monitoring and data deleted 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, 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.

Or. fr

Amendment 346 Sandra Pereira, José Gusmão

Proposal for a directive Recital 25

Text proposed by the Commission Amendment

PE692.765v02-00 182/443 AM\1231713EN.docx EN 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.

Or. pt

Amendment 347 Daniela Rondinelli, Chiara Gemma

Proposal for a directive Recital 25

Text proposed by the Commission Amendment

(25) Reliable monitoring and data (25) Reliable monitoring and data collection are key to ensure the effective collection are key to ensure the effective protection of minimum wages. The protection of minimum wages. The Commission should report every year to Commission should report every year to the European Parliament and to the the European Parliament and to the Council its assessment of developments in Council its assessment of developments in the adequacy and coverage of minimum the adequacy and coverage of minimum wages on the basis of annual data and wages on the basis of annual data and information to be provided by Member information to be provided by Member States. In addition, progress should be States. In addition, progress should be monitored in the framework of the process monitored in the framework of the process of economic and employment policy of economic and employment policy coordination at Union level. In that coordination at Union level. In that context, the Employment Committee context, a specific tripartite committee should examine every year the situation in should examine every year the situation in the Member States on the basis of the the Member States on the basis of the reports produced by the Commission and reports produced by the Commission and other multilateral surveillance tools such as other multilateral surveillance tools such as benchmarking. benchmarking, taking into account the impact of wage developments in the internal market, ensuring full compliance with the principle of a level playing field and fair competition, and preventing and combating wage dumping.

AM\1231713EN.docx 183/443 PE692.765v02-00 EN Or. it

Amendment 348 Gheorghe Falcă, Eugen Tomac, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu Winkler, Daniel Buda, Vasile Blaga, Siegfried Mureşan, Ioan-Rareş Bogdan, Loránt Vincze, Cristian-Silviu Buşoi

Proposal for a directive Recital 25

Text proposed by the Commission Amendment

(25) Reliable monitoring and data (25) Reliable monitoring and data collection are key to ensure the effective collection are important to ensure the protection of minimum wages. The effective protection of minimum wages. Commission should report every year to The Commission should report every year the European Parliament and to the to the European Parliament and to the Council its assessment of developments in Council its assessment of levels and the adequacy and coverage of minimum developments in the coverage of minimum wages on the basis of annual data and wages on the basis of annual data and information to be provided by Member information to be provided by Member States. In addition, progress should be States. In addition, progress should be monitored in the framework of the process monitored in the framework of the process of economic and employment policy of economic and employment policy coordination at Union level. In that coordination at Union level. 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.

Or. en

Amendment 349 Monica Semedo, Atidzhe Alieva-Veli, Jordi Cañas, Marie-Pierre Vedrenne, Ilana Cicurel, Samira Rafaela, Véronique Trillet-Lenoir, Stéphane Bijoux, Dragoș Pîslaru, Sylvie Brunet

Proposal for a directive Recital 25

Text proposed by the Commission Amendment

(25) Reliable monitoring and data (25) Reliable monitoring and data

PE692.765v02-00 184/443 AM\1231713EN.docx EN collection are key to ensure the effective collection are key to ensure effective protection of minimum wages. The minimum wage protection. The Commission should report every year to Commission should report every year to the European Parliament and to the the European Parliament and to the Council its assessment of developments in Council its assessment of developments in the adequacy and coverage of minimum the adequacy and coverage of minimum wages on the basis of annual data and wages and the coverage of collective information to be provided by Member bargaining on the basis of annual data and States. In addition, progress should be information to be provided by Member monitored in the framework of the process States in consultation with social partners. of economic and employment policy In addition, progress should be monitored coordination at Union level. In that in the framework of the process of context, the Employment Committee economic and employment policy should examine every year the situation in coordination at Union level. In that the Member States on the basis of the context, the Employment Committee reports produced by the Commission and should examine every year the situation in other multilateral surveillance tools such as the Member States on the basis of the benchmarking. reports produced by the Commission and Eurofound as well as other multilateral surveillance tools such as benchmarking.

Or. en

Amendment 350 Anna Zalewska, Elżbieta Rafalska, Beata Szydło

Proposal for a directive Recital 25

Text proposed by the Commission Amendment

(25) Reliable monitoring and data (25) Reliable monitoring and data collection are key to ensure the effective collection are key to ensure the effective protection of minimum wages. The protection of minimum wages. The Commission should report every year to Commission should report regularly, every the European Parliament and to the three years, to the European Parliament Council its assessment of developments in and to the Council its assessment of the adequacy and coverage of minimum developments in the adequacy and wages on the basis of annual data and coverage of minimum wages on the basis information to be provided by Member of data and information to be provided by States. In addition, progress should be Member States every three years. In monitored in the framework of the process addition, progress should be monitored in of economic and employment policy the framework of the process of economic coordination at Union level. In that and employment policy coordination at context, the Employment Committee Union level. In that context, the should examine every year the situation in Employment Committee should examine the Member States on the basis of the the situation in the Member States on the

AM\1231713EN.docx 185/443 PE692.765v02-00 EN reports produced by the Commission and basis of the reports produced by the other multilateral surveillance tools such Commission, taking into account the as benchmarking. information provided by the Member States and the Committee’s recommendations within the European Semester.

Or. pl

Amendment 351 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Recital 25

Text proposed by the Commission Amendment

(25) Reliable monitoring and data (25) Reliable monitoring and data collection are key to ensure the effective collection are key to ensure the effective protection of minimum wages. The protection of minimum wages. The Commission should report every year to Commission should report every year to the European Parliament and to the the European Parliament and to the Council its assessment of developments in Council its assessment of developments in the adequacy and coverage of minimum the adequacy and coverage of non- wages on the basis of annual data and discriminatory minimum wages on the information to be provided by Member basis of annual data and information to be States. In addition, progress should be provided by Member States. In addition, monitored in the framework of the process progress should be monitored in the of economic and employment policy framework of the process of economic and coordination at Union level. In that employment policy coordination at Union context, the Employment Committee level. In that context, the Employment should examine every year the situation in Committee should examine every year the the Member States on the basis of the situation in the Member States on the basis reports produced by the Commission and of the reports produced by the Commission other multilateral surveillance tools such as and other multilateral surveillance tools benchmarking. such as benchmarking.

Or. en

Amendment 352 Radan Kanev

Proposal for a directive Recital 26

PE692.765v02-00 186/443 AM\1231713EN.docx EN Text proposed by the Commission Amendment

(26) Workers should be in a position to (26) Workers should be informed about exercise their right of defence when their and be in a position to exercise their right rights relating to established minimum of defence when their rights relating to wage protection are violated. In order to established minimum wage protection, prevent that workers are deprived from including hourly-based minimum income, their rights, and without prejudice to are violated. In order to prevent that specific forms of redress and dispute workers are deprived from their rights, and resolution provided for in collective without prejudice to specific forms of agreements, including systems of collective redress and dispute resolution provided for dispute resolution, Member States should in collective agreements, including systems take the necessary measures to ensure that of collective dispute resolution, such as they have access to effective and impartial voluntary recourse to mediation, Member dispute resolution and a right to redress, States should take the necessary measures including to adequate compensation, as to ensure that they have access to effective well as effective protection from any form and impartial dispute resolution and a right of detriment in case they decide to exercise to redress, including to adequate their right of defence. compensation, as well as effective protection from any form of detriment if they decide to exercise their right of defence. Member States should assess how impartial dispute resolution can be further improved in agreement with social partners. Member States should ensure the effective, timely, proportionate and dissuasive enforcement of this Directive in accordance with national law and practice.

Or. en

Amendment 353 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Recital 26

Text proposed by the Commission Amendment

(26) Workers should be in a position to (26) Workers should be informed and exercise their right of defence when their be in a position to exercise their right of rights relating to established minimum defence when their rights relating to wage protection are violated. In order to established minimum wage protection are prevent that workers are deprived from violated. In order to prevent that workers their rights, and without prejudice to are deprived from their rights, and without

AM\1231713EN.docx 187/443 PE692.765v02-00 EN specific forms of redress and dispute prejudice to specific forms of redress and resolution provided for in collective dispute resolution provided for in agreements, including systems of collective collective agreements, including systems of dispute resolution, Member States should collective dispute resolution, Member take the necessary measures to ensure that States should take the necessary measures they have access to effective and impartial to ensure that they have access to effective dispute resolution and a right to redress, and impartial dispute resolution and a right including to adequate compensation, as to redress, including to adequate well as effective protection from any form compensation, as well as effective of detriment in case they decide to exercise protection from any form of detriment in their right of defence. case they decide to exercise their right of defence. Member States should assess how impartial dispute resolution can be further improved in agreement with social partners without reducing already existing legal and non-legal measures of dispute solutions or adjust existing systems and measures with regard to this directive.

Or. en

Amendment 354 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Recital 26

Text proposed by the Commission Amendment

(26) Workers should be in a position to (26) Workers should be in a position to exercise their right of defence when their exercise their right of defence when their rights relating to established minimum rights relating to established minimum wage protection are violated. In order to wage protection are violated. In order to prevent that workers are deprived from prevent that workers are deprived from their rights, and without prejudice to their rights, and without prejudice to specific forms of redress and dispute specific forms of redress and dispute resolution provided for in collective resolution provided for in collective agreements, including systems of collective agreements, including systems of collective dispute resolution, Member States should dispute resolution, Member States should take the necessary measures to ensure that take the necessary measures to ensure that they have access to effective and impartial they have access to effective, affordable, dispute resolution and a right to redress, timely efficient and impartial dispute including to adequate compensation, as resolution guaranteeing anti- well as effective protection from any form discrimination principles and a right to of detriment in case they decide to exercise redress, including to adequate

PE692.765v02-00 188/443 AM\1231713EN.docx EN their right of defence. compensation, as well as effective protection from any form of detriment in case they decide to exercise their right of defence.

Or. en

Amendment 355 Monica Semedo, Atidzhe Alieva-Veli, Jordi Cañas, Marie-Pierre Vedrenne, Ilana Cicurel, Samira Rafaela, Véronique Trillet-Lenoir, Stéphane Bijoux, Dragoș Pîslaru, Sylvie Brunet

Proposal for a directive Recital 26

Text proposed by the Commission Amendment

(26) Workers should be in a position to (26) Workers and their representatives exercise their right of defence when their and trade union members should be in a rights relating to established minimum position to exercise their right of defence wage protection are violated. In order to when their rights relating to established prevent that workers are deprived from minimum wage protection are violated. In their rights, and without prejudice to order to prevent that workers are deprived specific forms of redress and dispute from their rights, and without prejudice to resolution provided for in collective specific forms of redress and dispute agreements, including systems of collective resolution provided for in collective dispute resolution, Member States should agreements, including systems of collective take the necessary measures to ensure that dispute resolution, Member States should they have access to effective and impartial take the necessary measures to ensure that dispute resolution and a right to redress, they have access to effective and impartial including to adequate compensation, as dispute resolution and a right to redress, well as effective protection from any form including to adequate compensation, as of detriment in case they decide to exercise well as effective protection from any form their right of defence. of detriment in case they decide to exercise their right of defence.

Or. en

Amendment 356 Sandra Pereira, José Gusmão

Proposal for a directive Recital 26

AM\1231713EN.docx 189/443 PE692.765v02-00 EN Text proposed by the Commission Amendment

(26) Workers should be in a position to (26) Workers should be in a position to exercise their right of defence when their defend their rights. In order to prevent that rights relating to established minimum workers are deprived from their rights, and wage protection are violated. In order to without prejudice to specific forms of prevent that workers are deprived from redress and dispute resolution provided for their rights, and without prejudice to in collective agreements, including systems specific forms of redress and dispute of collective dispute resolution, Member resolution provided for in collective States should take the necessary measures agreements, including systems of collective to ensure that they have access to effective dispute resolution, Member States should and impartial dispute resolution and a right take the necessary measures to ensure that to redress, including to adequate they have access to effective and impartial compensation, in particular by exempting dispute resolution and a right to redress, them from costs of proceedings, as well as including to adequate compensation, as effective protection from any form of well as effective protection from any form detriment in case they decide to exercise of detriment in case they decide to exercise their right of defence. their right of defence.

Or. pt

Amendment 357 Peter Lundgren

Proposal for a directive Recital 28

Text proposed by the Commission Amendment

(28) The reforms and measures deleted 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

PE692.765v02-00 190/443 AM\1231713EN.docx EN accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on the European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

Or. en

Amendment 358 Margarita de la Pisa Carrión

Proposal for a directive Recital 28

Text proposed by the Commission Amendment

(28) The reforms and measures adopted (28) The reforms and measures adopted by the Member States to promote adequate by the Member States to promote adequate minimum wage protection of workers, minimum wage protection of workers are while being steps in the right direction, steps in the right direction. Without have not been comprehensive and prejudice to the question of the Union’s systematic. Moreover, individual countries competence to legislate in this area, the may be little inclined to improve the principle of subsidiarity in Article 5 of the adequacy and coverage of minimum Treaty on the European Union requires the wages because of the perception that this Directive to regulate only that which, by could negatively affect their external cost reason of its scale and effects, cannot be competitiveness. Since the objectives of sufficiently regulated by the Member this Directive cannot be sufficiently States. 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. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

Or. es

AM\1231713EN.docx 191/443 PE692.765v02-00 EN Amendment 359 Gheorghe Falcă, Eugen Tomac, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu Winkler, Daniel Buda, Vasile Blaga, Siegfried Mureşan, Ioan-Rareş Bogdan, Loránt Vincze, Cristian-Silviu Buşoi

Proposal for a directive Recital 28

Text proposed by the Commission Amendment

(28) The reforms and measures adopted (28) The reforms and measures adopted by the Member States to promote adequate by the Member States to promote minimum wage protection of workers, minimum wage protection of workers, while being steps in the right direction, while being steps in the right direction, have not been comprehensive and have not been comprehensive and systematic. Moreover, individual countries systematic. Moreover, individual countries may be little inclined to improve the may be little inclined to improve the adequacy and coverage of minimum coverage of minimum wages because of wages because of the perception that this the perception that this could negatively could negatively affect their external cost affect their external cost competitiveness. competitiveness. Since the objectives of In accordance with the principle of this Directive cannot be sufficiently proportionality, as set out in that Article, achieved by the Member States, but can this Directive does not go beyond what is rather, by reason of their scale and necessary in order to achieve those effects, be better achieved at Union level, objectives. 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. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

Or. en

Amendment 360 Anna Zalewska, Elżbieta Rafalska, Beata Szydło

Proposal for a directive Recital 28

Text proposed by the Commission Amendment

(28) The reforms and measures adopted (28) The reforms and measures adopted by the Member States to promote adequate by the Member States to promote adequate

PE692.765v02-00 192/443 AM\1231713EN.docx EN minimum wage protection of workers, minimum wage protection of workers, while being steps in the right direction, while being steps in the right direction, have not been comprehensive and have not been comprehensive and systematic. Moreover, individual countries systematic. Since the objectives of this may be little inclined to improve the Directive cannot be sufficiently achieved adequacy and coverage of minimum by the Member States, but can rather, by wages because of the perception that this reason of their scale and effects, be better could negatively affect their external cost achieved at Union level, the Union may competitiveness. Since the objectives of adopt measures, in accordance with the this Directive cannot be sufficiently principle of subsidiarity as set out in achieved by the Member States, but can Article 5 of the Treaty on the European rather, by reason of their scale and effects, Union. In accordance with the principle of be better achieved at Union level, the proportionality as set out in that Article, Union may adopt measures, in accordance this Directive does not go beyond what is with the principle of subsidiarity as set out necessary in order to achieve those in Article 5 of the Treaty on the European objectives. Union. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

Or. pl

Amendment 361 Monica Semedo, Atidzhe Alieva-Veli, Jordi Cañas, Samira Rafaela, Dragoș Pîslaru

Proposal for a directive Recital 28

Text proposed by the Commission Amendment

AM\1231713EN.docx 193/443 PE692.765v02-00 EN Union may adopt measures, in accordance this Directive does not go beyond what is with the principle of subsidiarity as set out necessary in order to achieve those in Article 5 of the Treaty on the European objectives. Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

Or. en

Amendment 362 Dominique Bilde

Proposal for a directive Recital 28

Text proposed by the Commission Amendment

(28) The reforms and measures adopted (28) The reforms and measures adopted by the Member States to promote adequate by the Member States to promote adequate minimum wage protection of workers, minimum wage protection of workers, while being steps in the right direction, while being steps in the right direction, have not been comprehensive and have not been comprehensive and systematic. Moreover, individual countries systematic. Moreover, individual countries may be little inclined to improve the may be little inclined to improve the adequacy and coverage of minimum wages adequacy and coverage of minimum wages because of the perception that this could because of the perception that this could negatively affect their external cost negatively affect their external cost competitiveness. Since the objectives of competitiveness. Since the objectives of this Directive cannot be sufficiently this Directive cannot be sufficiently achieved by the Member States, but can achieved by the Member States, but can rather, by reason of their scale and effects, rather, by reason of their scale and effects, be better achieved at Union level, the be better achieved at Union level, the Union may adopt measures, in accordance Union may adopt measures, in accordance with the principle of subsidiarity as set out with the principle of subsidiarity as set out in Article 5 of the Treaty on the European in Article 5 of the Treaty on the European Union. In accordance with the principle of Union. proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

Or. fr

PE692.765v02-00 194/443 AM\1231713EN.docx EN Amendment 363 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Recital 28

Text proposed by the Commission Amendment

(28) The reforms and measures adopted (28) The reforms and measures adopted by the Member States to promote adequate by the Member States to promote adequate minimum wage protection of workers, minimum wage protection of workers, while being steps in the right direction, while being steps in the right direction, have not been comprehensive and have not been comprehensive and systematic. Moreover, individual countries systematic. Moreover, individual Member may be little inclined to improve the States may be little inclined to improve the adequacy and coverage of minimum wages adequacy and coverage of minimum wages because of the perception that this could because of the perception that this could negatively affect their external cost negatively affect their external cost competitiveness. Since the objectives of competitiveness. Since the objectives of this Directive cannot be sufficiently this Directive cannot be sufficiently achieved by the Member States, but can achieved by the Member States, but can rather, by reason of their scale and effects, rather, by reason of their scale and effects, be better achieved at Union level, the be better achieved at Union level, the Union may adopt measures, in accordance Union may adopt measures, in accordance with the principle of subsidiarity as set out with the principle of subsidiarity as set out in Article 5 of the Treaty on the European in Article 5 of the Treaty on the European Union. In accordance with the principle of Union. In accordance with the principle of proportionality, as set out in that Article, proportionality, as set out in that Article, this Directive does not go beyond what is this Directive does not go beyond what is necessary in order to achieve those necessary in order to achieve those objectives. objectives.

Or. en

Amendment 364 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Recital 28

Text proposed by the Commission Amendment

(28) The reforms and measures adopted (28) The reforms and measures adopted by the Member States to promote adequate by the Member States in setting minimum minimum wage protection of workers, wages, while being steps in the right while being steps in the right direction, direction, have not been comprehensive

AM\1231713EN.docx 195/443 PE692.765v02-00 EN have not been comprehensive and and systematic and have failed to address systematic. Moreover, individual countries the gender gap, in-work poverty and may be little inclined to improve the social exclusion, and have not guaranteed adequacy and coverage of minimum wages social protection. Regrettably, individual because of the perception that this could countries may be little inclined to improve negatively affect their external cost the adequacy and coverage of minimum competitiveness. Since the objectives of wages. Since the objectives of this this Directive cannot be sufficiently Directive cannot be sufficiently achieved achieved by the Member States, but can by the Member States, but can rather, by rather, by reason of their scale and effects, reason of their scale and effects, be better be better achieved at Union level, the achieved at Union level, the Union may Union may adopt measures, in accordance adopt measures, in accordance with the with the principle of subsidiarity as set out principle of subsidiarity as set out in in Article 5 of the Treaty on the European Article 5 of the Treaty on the European Union. In accordance with the principle of Union. In accordance with the principle of proportionality, as set out in that Article, proportionality, as set out in that Article, this Directive does not go beyond what is this Directive does not go beyond what is necessary in order to achieve those necessary in order to achieve those objectives. objectives.

Or. en

Amendment 365 Margarita de la Pisa Carrión

Proposal for a directive Recital 28 a (new)

Text proposed by the Commission Amendment

(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.

Or. es

Amendment 366 Dominique Bilde

PE692.765v02-00 196/443 AM\1231713EN.docx EN Proposal for a directive Recital 28 a (new)

Text proposed by the Commission Amendment

(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.

Or. fr

Amendment 367 Margarita de la Pisa Carrión

Proposal for a directive Recital 28 b (new)

Text proposed by the Commission Amendment

(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.

Or. es

Amendment 368 Dominique Bilde

Proposal for a directive Recital 29

Text proposed by the Commission Amendment

(29) This Directive lays down minimum (29) This Directive lays down minimum requirements, thus leaving untouched requirements, thus leaving untouched Member States’ prerogative to introduce Member States’ prerogative to introduce and maintain more favourable provisions. and maintain more favourable provisions. Rights acquired under the existing national Rights acquired under the existing national legal framework should continue to apply, legal framework should continue to apply, unless more favourable provisions are unless more favourable provisions are

AM\1231713EN.docx 197/443 PE692.765v02-00 EN introduced by this Directive. The introduced by this Directive. The implementation of this Directive cannot be implementation of this Directive cannot be used to reduce existing rights for workers, used to reduce existing rights for workers, nor can it constitute valid grounds for nor can it constitute valid grounds for reducing the general level of protection reducing the general level of protection afforded to workers in the field covered by afforded to workers in the field covered by this Directive. this Directive. No treaty demands for wage moderation or wage cuts can therefore be applied to European workers.

Or. fr

Amendment 369 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Recital 29

Text proposed by the Commission Amendment

(29) This Directive lays down minimum (29) This Directive lays down minimum requirements, thus leaving untouched requirements, thus leaving untouched Member States' prerogative to introduce Member States' prerogative to introduce and maintain more favourable provisions. and maintain more favourable provisions. Rights acquired under the existing national Rights acquired under the existing national legal framework should continue to apply, legal framework should continue to apply, unless more favourable provisions are unless more favourable provisions are introduced by this Directive. The introduced by this Directive. The implementation of this Directive cannot be implementation of this Directive cannot be used to reduce existing rights for workers, used to reduce existing rights for workers nor can it constitute valid grounds for such as current minimum wages, the right reducing the general level of protection to strike, the right to assemble, social afforded to workers in the field covered by protection, or leave entitlements, nor can it this Directive. constitute valid grounds for reducing the general level of protection afforded to workers in the field covered by this Directive.

Or. en

Amendment 370 Sylvie Brunet, Marie-Pierre Vedrenne, Véronique Trillet-Lenoir, Stéphane Bijoux, Ilana Cicurel, Dragoș Pîslaru, Samira Rafaela, Yana Toom

PE692.765v02-00 198/443 AM\1231713EN.docx EN Proposal for a directive Recital 29

Text proposed by the Commission Amendment

(29) This Directive lays down minimum (29) This Directive lays down minimum requirements, thus leaving untouched requirements, thus leaving untouched Member States' prerogative to introduce Member States' prerogative to introduce and maintain more favourable provisions. and maintain more favourable provisions. Rights acquired under the existing national Rights acquired under the existing national legal framework should continue to apply, legal framework should continue to apply, unless more favourable provisions are unless more favourable provisions are introduced by this Directive. The introduced by this Directive. The implementation of this Directive cannot be implementation of this Directive cannot be used to reduce existing rights for workers, used to reduce existing rights for workers, nor can it constitute valid grounds for nor can it constitute valid grounds for reducing the general level of protection reducing the general level of protection, afforded to workers in the field covered by including, inter alia, the existing levels of this Directive. statutory minimum wages, already afforded to workers in the field covered by this Directive.

Or. en

Amendment 371 Gheorghe Falcă, Eugen Tomac, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu Winkler, Daniel Buda, Vasile Blaga, Siegfried Mureşan, Ioan-Rareş Bogdan, Loránt Vincze, Cristian-Silviu Buşoi

Proposal for a directive Recital 29

Text proposed by the Commission Amendment

(29) This Directive lays down minimum (29) This Directive lays down a requirements, thus leaving untouched framework, thus leaving untouched Member States' prerogative to introduce Member States' prerogative to introduce and maintain more favourable provisions. and maintain more favourable provisions. Rights acquired under the existing national Rights acquired under the existing national legal framework should continue to apply, legal framework should continue to apply. unless more favourable provisions are The implementation of this Directive introduced by this Directive. The cannot be used to reduce existing rights for implementation of this Directive cannot be workers, nor can it constitute valid grounds used to reduce existing rights for workers, for reducing the general level of protection nor can it constitute valid grounds for afforded to workers in the field covered by reducing the general level of protection this Directive. afforded to workers in the field covered by

AM\1231713EN.docx 199/443 PE692.765v02-00 EN this Directive.

Or. en

Amendment 372 Abir Al-Sahlani, Morten Petersen, Karen Melchior, Morten Løkkegaard, Linea Søgaard-Lidell, Asger Christensen, Søren Gade, Karin Karlsbro, Martina Dlabajová, Dita Charanzová, Martin Hlaváček, Ondřej Knotek, Ondřej Kovařík

Proposal for a directive Recital 29

Text proposed by the Commission Amendment

(29) This Directive lays down minimum (29) This Directive lays down minimum requirements, thus leaving untouched requirements, thus leaving untouched Member States' prerogative to introduce Member States' prerogative to introduce and maintain more favourable provisions. and maintain more favourable provisions. Rights acquired under the existing national Rights acquired under the existing national legal framework should continue to apply, legal framework in Sweden and Denmark unless more favourable provisions are should continue to apply in accordance to introduced by this Directive. The the derogation in Article 1(3) and Article implementation of this Directive cannot be 16(2) of this Directive. The used to reduce existing rights for workers, implementation of this Directive cannot be nor can it constitute valid grounds for used to reduce existing rights for workers, reducing the general level of protection nor can it constitute valid grounds for afforded to workers in the field covered by reducing the general level of protection this Directive. afforded to workers in the field covered by this Directive.

Or. en

Amendment 373 Jeroen Lenaers, Miriam Lexmann

Proposal for a directive Recital 29

Text proposed by the Commission Amendment

(29) This Directive lays down minimum (29) This Directive lays down a requirements, thus leaving untouched framework for minimum requirements, Member States' prerogative to introduce thus leaving untouched Member States' and maintain more favourable provisions. prerogative to introduce and maintain more Rights acquired under the existing national favourable provisions. Rights acquired

PE692.765v02-00 200/443 AM\1231713EN.docx EN legal framework should continue to apply, under the existing national legal framework unless more favourable provisions are should continue to apply, unless more introduced by this Directive. The favourable provisions are introduced by implementation of this Directive cannot be this Directive. The implementation of this used to reduce existing rights for workers, Directive cannot be used to reduce existing nor can it constitute valid grounds for rights for workers, nor can it constitute reducing the general level of protection valid grounds for reducing the general afforded to workers in the field covered by level of protection afforded to workers in this Directive. the field covered by this Directive.

Or. en

Amendment 374 Lukas Mandl, Sara Skyttedal

Proposal for a directive Recital 29 a (new)

Text proposed by the Commission Amendment

(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.

Or. en

Amendment 375 Sara Skyttedal, Jessica Polfjärd, Lukas Mandl, Petri Sarvamaa, Pernille Weiss, David Lega, Tomas Tobé, Arba Kokalari, Jörgen Warborn

Proposal for a directive Recital 29 a (new)

Text proposed by the Commission Amendment

(29 a) The general level of protection afforded to workers in Denmark and

AM\1231713EN.docx 201/443 PE692.765v02-00 EN 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.

Or. en

Amendment 376 Margarita de la Pisa Carrión

Proposal for a directive Recital 29 a (new)

Text proposed by the Commission Amendment

(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.

Or. es

Amendment 377 Anne Sander

Proposal for a directive Recital 30

Text proposed by the Commission Amendment

PE692.765v02-00 202/443 AM\1231713EN.docx EN on small and medium-sized enterprises in impact of their transposition act on small order to ensure that they are not and medium-sized enterprises in order to disproportionately affected, giving specific ensure that they are not disproportionately attention to micro-enterprises and to the affected, giving specific attention to micro- administrative burden, and to publish the enterprises and to the administrative results of such assessments. If found that burden, and to publish the results of such micro, small and medium-sized enterprises assessments. If found that micro, small and are disproportionately affected, Member medium-sized enterprises are States should consider introducing disproportionately affected, Member States measures to support these enterprises to should consider introducing measures to adjust their remuneration structures to the support these enterprises to adjust their new requirements. remuneration structures to the new requirements.

Or. fr

Amendment 378 Sara Skyttedal, Jessica Polfjärd, David Lega, Tomas Tobé, Arba Kokalari, Jörgen Warborn

Proposal for a directive Recital 30

Text proposed by the Commission Amendment

(30) In implementing this Directive (30) In implementing this Directive Member States should avoid imposing Member States should avoid imposing administrative, financial and legal administrative, financial and legal constraints in a way which would hold constraints in a way which would hold back the creation and development of back the creation and development of micro, small and medium-sized enterprises. micro, small and medium-sized enterprises. Member States are therefore invited to Member States are therefore invited to assess the impact of their transposition act assess the impact of their transposition act on small and medium-sized enterprises in on small and medium-sized enterprises in order to ensure that they are not order to ensure that they are not negatively disproportionately affected, giving specific affected, giving specific attention to micro- attention to micro-enterprises and to the enterprises and to the administrative administrative burden, and to publish the burden, and to publish the results of such results of such assessments. If found that assessments. If found that micro, small and micro, small and medium-sized enterprises medium-sized enterprises are negatively are disproportionately affected, Member affected, Member States should be able to States should consider introducing decide not to apply this Directive with measures to support these enterprises to regard to those enterprises. adjust their remuneration structures to the new requirements.

AM\1231713EN.docx 203/443 PE692.765v02-00 EN Or. en

Amendment 379 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Recital 30

Text proposed by the Commission Amendment

(30) In implementing this Directive (30) In implementing this Directive Member States should avoid imposing Member States should avoid imposing administrative, financial and legal unjustified administrative, financial and constraints in a way which would hold legal constraints in a way which would back the creation and development of hold back the creation and development of micro, small and medium-sized enterprises. micro, small and medium-sized enterprises. Member States are therefore invited to Member States are therefore invited to assess the impact of their transposition act assess the impact of their transposition act on small and medium-sized enterprises in on small and medium-sized enterprises in order to ensure that they are not order to ensure that they are not disproportionately affected, giving specific disproportionately affected, giving specific attention to micro-enterprises and to the attention to micro-enterprises and to the administrative burden, and to publish the administrative burden, and to publish the results of such assessments. If found that results of such assessments. If found that micro, small and medium-sized enterprises micro, small and medium-sized enterprises are disproportionately affected, Member are disproportionately affected, Member States should consider introducing States should consider introducing measures to support these enterprises to technical measures to support these adjust their remuneration structures to the enterprises to adjust their remuneration new requirements. structures to the new requirements.

Or. en

Amendment 380 Krzysztof Hetman, Jarosław Duda, Sara Skyttedal, Romana Tomc, Radan Kanev

Proposal for a directive Recital 30

Text proposed by the Commission Amendment

PE692.765v02-00 204/443 AM\1231713EN.docx EN constraints in a way which would hold constraints in a way which would hold back the creation and development of back the creation and development of micro, small and medium-sized enterprises. micro, small and medium-sized enterprises. Member States are therefore invited to Member States are therefore obliged to assess the impact of their transposition act assess the impact of their transposition act on small and medium-sized enterprises in on small and medium-sized enterprises in order to ensure that they are not order to ensure that they are not disproportionately affected, giving specific disproportionately affected, giving specific attention to micro-enterprises and to the attention to micro-enterprises and to the administrative burden, and to publish the administrative burden, and to publish the results of such assessments. If found that results of such assessments. If found that micro, small and medium-sized enterprises micro, small and medium-sized enterprises are disproportionately affected, Member are disproportionately affected, Member States should consider introducing States should consider introducing measures to support these enterprises to measures to support these enterprises to adjust their remuneration structures to the adjust their remuneration structures to the new requirements. new requirements.

Or. en

Amendment 381 Margarita de la Pisa Carrión

Proposal for a directive Recital 30 a (new)

Text proposed by the Commission Amendment

(30a) Nothing in this Directive can be interpreted as not strictly complying with the principle of subsidiarity.

Or. es

Amendment 382 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, Sandra Pereira, José Gusmão

Proposal for a directive Recital 31

Text proposed by the Commission Amendment

(31) The Technical Support deleted Instrument43 and the European Social

AM\1231713EN.docx 205/443 PE692.765v02-00 EN Fund plus44 are available to Member States 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. ______43 Proposal 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 44 Proposal for a Regulation of the European Parliament and of the Council on the European Social Fund Plus, COM/2018/382 final.

Or. en

Amendment 383 Monica Semedo, Atidzhe Alieva-Veli, Jordi Cañas, Marie-Pierre Vedrenne, Ilana Cicurel, Samira Rafaela, Véronique Trillet-Lenoir, Stéphane Bijoux, Sylvie Brunet

Proposal for a directive Recital 31

Text proposed by the Commission Amendment

(31) The Technical Support Instrument43 (31) The Technical Support Instrument and the European Social Fund plus44 are and the European Social Fund plus (ESF+) available to Member States to develop or are available to Member States to develop improve the technical aspects of minimum or improve the technical aspects of wage frameworks, including on assessment minimum wage frameworks, including on of adequacy, monitoring and data assessment of adequacy, monitoring and collection, broadening access, as well as on data collection, broadening access, as well enforcement and on general capacity as on enforcement and on general capacity building related to the implementation of building related to the implementation of said frameworks. said frameworks. The ESF+ also obliges all Member States to allocate an appropriate amount for the capacity building of social partners, which should be mobilised inter alia to promote

PE692.765v02-00 206/443 AM\1231713EN.docx EN collective bargaining coverage. ______43 Proposal for a Regulation of the 43 Proposal for a Regulation of the European Parliament and of the Council of European Parliament and of the Council of 28 May 2020 on the establishment of the 28 May 2020 on the establishment of the Technical Support Instrument, COM(2020) Technical Support Instrument, COM(2020) 409 final 409 final 44 Proposal for a Regulation of the 44 Proposal for a Regulation of the European Parliament and of the Council on European Parliament and of the Council on the European Social Fund Plus, the European Social Fund Plus, COM/2018/382 final. COM/2018/382 final.

Or. en

Amendment 384 Krzysztof Hetman, Jarosław Duda, Sara Skyttedal, Romana Tomc, Radan Kanev

Proposal for a directive Recital 31

Text proposed by the Commission Amendment

(31) The Technical Support Instrument43 (31) The Technical Support Instrument43 and the European Social Fund plus44 are and the European Social Fund plus44 are available to Member States to develop or available to Member States and improve the technical aspects of minimum enterprises, especially to SMEs, to develop wage frameworks, including on assessment or improve the technical aspects of of adequacy, monitoring and data minimum wage frameworks, including on collection, broadening access, as well as on assessment of adequacy, monitoring and enforcement and on general capacity data collection, broadening access, as well building related to the implementation of as on enforcement and on general capacity said frameworks. building related to the implementation of said frameworks. ______43 Proposal for a Regulation of the 43 Proposal for a Regulation of the European Parliament and of the Council of European Parliament and of the Council of 28 May 2020 on the establishment of the 28 May 2020 on the establishment of the Technical Support Instrument, COM(2020) Technical Support Instrument, COM(2020) 409 final 409 final 44 Proposal for a Regulation of the 44 Proposal for a Regulation of the European Parliament and of the Council on European Parliament and of the Council on the European Social Fund Plus, the European Social Fund Plus, COM/2018/382 final. COM/2018/382 final.

AM\1231713EN.docx 207/443 PE692.765v02-00 EN Or. en

Amendment 385 Daniela Rondinelli, Chiara Gemma

Proposal for a directive Recital 31

Text proposed by the Commission Amendment

(31) The Technical Support (31) The European Social Fund plus44 is Instrument43 and the European Social available to Member States to develop or Fund plus44 are available to Member States improve the technical aspects of minimum to develop or improve the technical aspects wage frameworks, including on assessment of minimum wage frameworks, including of adequacy, monitoring and data on assessment of adequacy, monitoring and collection, broadening access, as well as on data collection, broadening access, as well enforcement and on general capacity as on enforcement and on general capacity building related to the implementation of building related to the implementation of said frameworks. said frameworks. ______43 Proposal for a Regulation of the 43 Proposal for a Regulation of the European Parliament and of the Council European Parliament and of the Council of 28 May 2020 on the establishment of of 28 May 2020 on the establishment of the Technical Support Instrument, the Technical Support Instrument, COM(2020) 409 final. COM(2020) 409 final. 44 Proposal for a Regulation of the 44 Proposal for a Regulation of the European Parliament and of the Council on European Parliament and of the Council on the European Social Fund Plus, the European Social Fund Plus, COM/2018/382 final. COM/2018/382 final.

Or. it

Amendment 386 Johan Danielsson, Heléne Fritzon, Marianne Vind

Proposal for a directive Recital 31 a (new)

Text proposed by the Commission Amendment

(31 a) In Denmark and Sweden there are no statutory minimum wages. Nor are there any systems for declaring collective

PE692.765v02-00 208/443 AM\1231713EN.docx EN 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.

Or. en

Amendment 387 Krzysztof Hetman, Jarosław Duda, Romana Tomc, Jeroen Lenaers, Radan Kanev

Proposal for a directive Recital 31 a (new)

Text proposed by the Commission Amendment

(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.

Or. en

AM\1231713EN.docx 209/443 PE692.765v02-00 EN Amendment 388 Monica Semedo, Atidzhe Alieva-Veli, Jordi Cañas, Marie-Pierre Vedrenne, Ilana Cicurel, Samira Rafaela, Véronique Trillet-Lenoir, Stéphane Bijoux, Dragoș Pîslaru, Sylvie Brunet

Proposal for a directive Article 1 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

1. With a view to improving working 1. With a view to improving working and living conditions in the Union, this and living conditions, upward social Directive establishes a framework for: convergence and gender equality in the Union, this Directive establishes a framework for:

Or. en

Amendment 389 Abir Al-Sahlani, Karen Melchior, Morten Løkkegaard, Linea Søgaard-Lidell, Asger Christensen, Søren Gade, Andrus Ansip, Karin Karlsbro, Martina Dlabajová, Dita Charanzová, Martin Hlaváček, Ondřej Knotek, Ondřej Kovařík, Bart Groothuis, Caroline Nagtegaal, Malik Azmani, Jan Huitema, Liesje Schreinemacher

Proposal for a directive Article 1 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

1. With a view to improving working 1. With a view to improving working and living conditions in the Union, this and living conditions in the Union, this Directive establishes a framework for: Directive establishes a framework for the promotion of:

Or. en

Amendment 390 Johan Danielsson, Heléne Fritzon, Marianne Vind

Proposal for a directive Article 1 – paragraph 1 – introductory part

PE692.765v02-00 210/443 AM\1231713EN.docx EN Text proposed by the Commission Amendment

Or. en

Amendment 391 Stefan Berger, Ralf Seekatz, Markus Ferber, Sven Schulze, Jens Gieseke, Markus Pieper, Angelika Winzig, Sara Skyttedal, Henna Virkkunen, Axel Voss, Tomáš Zdechovský

Proposal for a directive Article 1 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

Or. en

Amendment 392 Gheorghe Falcă, Eugen Tomac, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu Winkler, Daniel Buda, Vasile Blaga, Siegfried Mureşan, Ioan-Rareş Bogdan, Loránt Vincze, Cristian-Silviu Buşoi

Proposal for a directive Article 1 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

Or. en

AM\1231713EN.docx 211/443 PE692.765v02-00 EN Amendment 393 Jeroen Lenaers, Miriam Lexmann

Proposal for a directive Article 1 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

Or. en

Amendment 394 Sara Skyttedal, Jessica Polfjärd, David Lega, Tomas Tobé, Arba Kokalari, Jörgen Warborn

Proposal for a directive Article 1 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

Or. en

Amendment 395 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 1 – paragraph 1 – point a

Text proposed by the Commission Amendment

(a) setting adequate levels of minimum (a) setting adequate levels of minimum wages; wages that provide for a decent standard of living and contribute to reducing wage inequality and the gender pay gap;

PE692.765v02-00 212/443 AM\1231713EN.docx EN Or. en

Amendment 396 Radan Kanev

Proposal for a directive Article 1 – paragraph 1 – point a

Text proposed by the Commission Amendment

(a) setting adequate levels of minimum (a) setting adequate and fair levels of wages; minimum wages, including hourly-based minimum income, in order to ensure a decent standard of living of workers;

Or. en

Amendment 397 Daniela Rondinelli, Chiara Gemma

Proposal for a directive Article 1 – paragraph 1 – point a

Text proposed by the Commission Amendment a) setting adequate levels of minimum a) setting adequate and fair levels of wages; minimum wages in order to ensure a decent standard of living of workers and their families;

Or. it

Amendment 398 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis

Proposal for a directive Article 1 – paragraph 1 – point a

Text proposed by the Commission Amendment

(a) setting adequate levels of minimum (a) setting adequate levels of minimum wages; wages in order to ensure at least a decent standard of living of workers;

AM\1231713EN.docx 213/443 PE692.765v02-00 EN Or. en

Amendment 399 Johan Danielsson, Heléne Fritzon, Marianne Vind

Proposal for a directive Article 1 – paragraph 1 – point a

Text proposed by the Commission Amendment

(a) setting adequate levels of minimum (a) setting adequate levels of statutory wages; minimum wages;

Or. en

Amendment 400 Monica Semedo, Atidzhe Alieva-Veli, Abir Al-Sahlani, Samira Rafaela, Dragoș Pîslaru

Proposal for a directive Article 1 – paragraph 1 – point a

Text proposed by the Commission Amendment

(a) setting adequate levels of minimum (a) improving the adequacy of wages; statutory minimum wages;

Or. en

Amendment 401 Margarita de la Pisa Carrión

Proposal for a directive Article 1 – paragraph 1 – point a

Text proposed by the Commission Amendment

(a) setting adequate levels of minimum (a) developing adequate minimum wages; wage procedures;

Or. es

PE692.765v02-00 214/443 AM\1231713EN.docx EN Amendment 402 Jeroen Lenaers, Miriam Lexmann

Proposal for a directive Article 1 – paragraph 1 – point a

Text proposed by the Commission Amendment

(a) setting adequate levels of minimum (a) adequate levels of minimum wages; wages;

Or. en

Amendment 403 Sandra Pereira, José Gusmão

Proposal for a directive Article 1 – paragraph 1 – point a

Text proposed by the Commission Amendment

(a) setting adequate levels of minimum (a) raising minimum wages; wages;

Or. pt

Amendment 404 Gheorghe Falcă, Eugen Tomac, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu Winkler, Daniel Buda, Vasile Blaga, Siegfried Mureşan, Ioan-Rareş Bogdan, Loránt Vincze, Cristian-Silviu Buşoi

Proposal for a directive Article 1 – paragraph 1 – point a

Text proposed by the Commission Amendment

(a) setting adequate levels of (a) levels of minimum wages; minimum wages;

Or. en

Amendment 405 Lukas Mandl

AM\1231713EN.docx 215/443 PE692.765v02-00 EN Proposal for a directive Article 1 – paragraph 1 – point b

Text proposed by the Commission Amendment

(b) access of workers to minimum (b) access of workers to minimum wage protection, in the form of wages set wage protection according to national out by collective agreements or in the form customs and laws, in the form of wages set of a statutory minimum wage where it out by collective agreements or in the form exists. of a statutory minimum wage where it exists.

Or. en

Amendment 406 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Article 1 – paragraph 1 – point b

Text proposed by the Commission Amendment

(b) access of workers to minimum (b) access for all workers to minimum wage protection, in the form of wages set wage protection, in the form of wages set out by collective agreements or in the form out by collective agreements and in the of a statutory minimum wage where it form of a statutory minimum wage, where exists. it exists.

Or. en

Amendment 407 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 1 – paragraph 1 – point b

Text proposed by the Commission Amendment

(b) access of workers to minimum (b) access of all workers to minimum wage protection, in the form of wages set wage protection without discrimination, in out by collective agreements or in the form the form of wages set out by collective of a statutory minimum wage where it agreements or in the form of a statutory exists. minimum wage where it exists

PE692.765v02-00 216/443 AM\1231713EN.docx EN Or. en

Amendment 408 Johan Danielsson, Heléne Fritzon, Marianne Vind

Proposal for a directive Article 1 – paragraph 1 – point b

Text proposed by the Commission Amendment

(b) access of workers to minimum (b) access of workers to minimum wage protection, in the form of wages set wage protection, in the form of promoting out by collective agreements or in the form access to collective bargaining wage of a statutory minimum wage where it setting or in the form of a statutory exists. minimum wage where it exists.

Or. en

Amendment 409 Abir Al-Sahlani, Nicola Beer, Svenja Hahn, Andreas Glück, Moritz Körner, Jan- Christoph Oetjen, Ulrike Müller, Engin Eroglu, Karen Melchior, Morten Løkkegaard, Linea Søgaard-Lidell, Asger Christensen, Søren Gade, Karin Karlsbro, Martina Dlabajová, Dita Charanzová, Martin Hlaváček, Ondřej Knotek, Ondřej Kovařík, Bart Groothuis, Caroline Nagtegaal, Malik Azmani, Jan Huitema, Liesje Schreinemacher

Proposal for a directive Article 1 – paragraph 1 – point b

Text proposed by the Commission Amendment

(b) access of workers to minimum (b) access of workers to minimum wage protection, in the form of wages set wage protection, by promoting access to out by collective agreements or in the form collective bargaining or in the form of a of a statutory minimum wage where it statutory minimum wage in Member States exists. where it exists.

Or. en

Amendment 410 Krzysztof Hetman, Jarosław Duda, Romana Tomc, Radan Kanev

Proposal for a directive Article 1 – paragraph 1 – point b a (new)

AM\1231713EN.docx 217/443 PE692.765v02-00 EN Text proposed by the Commission Amendment

(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.

Or. en

Amendment 411 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Article 1 – paragraph 1 – point b a (new)

Text proposed by the Commission Amendment

(b a) promoting upward social convergence throughout the Union.

Or. en

Amendment 412 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 1 – paragraph 1 – point b a (new)

Text proposed by the Commission Amendment

(b a) promoting upward social convergence throughout the Union.

Or. en

Amendment 413 Abir Al-Sahlani, Nicola Beer, Svenja Hahn, Andreas Glück, Moritz Körner, Jan- Christoph Oetjen, Ulrike Müller, Engin Eroglu, Morten Petersen, Karen Melchior,

PE692.765v02-00 218/443 AM\1231713EN.docx EN Morten Løkkegaard, Linea Søgaard-Lidell, Asger Christensen, Søren Gade, Andrus Ansip, Karin Karlsbro, Dragoș Pîslaru, Bart Groothuis, Caroline Nagtegaal, Malik Azmani, Jan Huitema, Liesje Schreinemacher

Proposal for a directive Article 1 – paragraph 1 – subparagraph 1

Text proposed by the Commission Amendment

This Directive shall be without prejudice to This Directive shall be without prejudice to the full respect of the autonomy of social the full respect of Member States national partners, as well as their right to negotiate law and legal labour market tradition and and conclude collective agreements. practise while ensuring the autonomy of social partners, as well as their right to negotiate and conclude collective agreements.

Or. en

Amendment 414 Johan Danielsson, Heléne Fritzon, Marianne Vind

Proposal for a directive Article 1 – paragraph 1 – subparagraph 1

Text proposed by the Commission Amendment

This Directive shall be without prejudice to This Directive shall be without prejudice to the full respect of the autonomy of social the full respect of the autonomy of social partners, as well as their right to negotiate partners, as well as their right to negotiate and conclude collective agreements. and conclude collective agreements according to national law.

Or. en

Amendment 415 Margarita de la Pisa Carrión

Proposal for a directive Article 1 – paragraph 1 a (new)

Text proposed by the Commission Amendment

1a. This Directive shall be without prejudice to the exclusive competence of

AM\1231713EN.docx 219/443 PE692.765v02-00 EN the Member States in the field of pay and the right of association.

Or. es

Amendment 416 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Article 1 – paragraph 2

Text proposed by the Commission Amendment

2. This Directive shall be without 2. This Directive shall be without prejudice to the choice of the Member prejudice to the choice of the Member States to set statutory minimum wages or States to set statutory minimum wages, and promote access to minimum wage promote access to minimum wage protection provided by collective protection provided by collective agreements. agreements or to only promote access to minimum wage protection provided by collective agreements.

Or. en

Amendment 417 Johan Danielsson, Heléne Fritzon, Marianne Vind

Proposal for a directive Article 1 – paragraph 2

Text proposed by the Commission Amendment

2. This Directive shall be without 2. This Directive shall be without prejudice to the choice of the Member prejudice to the choice of the Member States to set statutory minimum wages or States to set statutory minimum wages or promote access to minimum wage promote access to minimum wage protection provided by collective protection in the form of wages stemming agreements. from collective agreements.

Or. en

Amendment 418 Mounir Satouri

PE692.765v02-00 220/443 AM\1231713EN.docx EN on behalf of the Greens/EFA Group

Proposal for a directive Article 1 – paragraph 2 a (new)

Text proposed by the Commission Amendment

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.

Or. en

Amendment 419 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 1 – paragraph 2 b (new)

Text proposed by the Commission Amendment

2b. All Member States shall ensure the respect for the principle of equal pay for work of equal value.

Or. en

Amendment 420 Johan Danielsson, Heléne Fritzon, Marianne Vind

Proposal for a directive Article 1 – paragraph 3

Text proposed by the Commission Amendment

AM\1231713EN.docx 221/443 PE692.765v02-00 EN minimum wage nor to make the collective minimum wage nor to make the collective agreements universally applicable. agreements universally applicable or otherwise to take measures affecting the contractual freedom of the social partners to negotiate, monitor and set wages through collective agreements. This Directive does not oblige these Member States to grant access to minimum wage protection to all workers, nor does it create an obligation on the Member States as regards the level or conditions for setting of wages.

Or. en

Amendment 421 Abir Al-Sahlani, Engin Eroglu, Morten Petersen, Karen Melchior, Morten Løkkegaard, Linea Søgaard-Lidell, Asger Christensen, Søren Gade, Karin Karlsbro, Martina Dlabajová, Dita Charanzová, Martin Hlaváček, Ondřej Knotek, Ondřej Kovařík, Bart Groothuis, Caroline Nagtegaal, Malik Azmani, Jan Huitema, Liesje Schreinemacher

Proposal for a directive Article 1 – paragraph 3

Text proposed by the Commission Amendment

3. Nothing in this Directive shall be 3. Nothing in this Directive shall be construed as imposing an obligation on the construed as imposing an obligation on the Member States where wage setting is Member States where wage setting is ensured exclusively via collective ensured mainly via collective agreements agreements to introduce a statutory to introduce a statutory minimum wage nor minimum wage nor to make the collective to make the collective agreements agreements universally applicable. universally applicable or affect the contractual freedom of the social partners to negotiate, monitor and set wages through collective agreements. This Directive does not oblige Member States to grant access to minimum wage protection to all workers, nor shall it create any obligation on the Member States as regards the level or conditions for the setting of wages.

Or. en

PE692.765v02-00 222/443 AM\1231713EN.docx EN Amendment 422 Elena Lizzi, Stefania Zambelli

Proposal for a directive Article 1 – paragraph 3

Text proposed by the Commission Amendment

3. Nothing in this Directive shall be 3. Nothing in this Directive shall be construed as imposing an obligation on the construed as imposing an obligation on the Member States where wage setting is Member States where wage setting is ensured exclusively via collective ensured exclusively via collective agreements to introduce a statutory agreements to introduce a statutory minimum wage nor to make the collective minimum wage nor to make the collective agreements universally applicable. 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.

Or. it

Amendment 423 Jessica Polfjärd, Sara Skyttedal, Henna Virkkunen

Proposal for a directive Article 1 – paragraph 3

Text proposed by the Commission Amendment

3. Nothing in this Directive shall be 3. The application of this Directive construed as imposing an obligation on the shall be in full compliance with the Member States where wage setting is freedom of association, as recognised in ensured exclusively via collective the Charter of fundamental rights of the agreements to introduce a statutory European Union. Nothing in this Directive minimum wage nor to make the collective shall be construed as imposing an agreements universally applicable. 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.

Or. en

AM\1231713EN.docx 223/443 PE692.765v02-00 EN Justification

The proposal for a Directive should provide a better guarantee in the Member States where wage setting is ensured exclusively or mainly via collective agreements, that these systems will remain untouched. The choice of wage setting system must strictly lie in the Member States. The Directive must not bring additional elements to the existing systems. Furthermore, amendments to existing collective agreement systems must also be possible by national decisions.

Amendment 424 Konstantinos Arvanitis

Proposal for a directive Article 1 – paragraph 3

Text proposed by the Commission Amendment

Or. el

Amendment 425 Peter Lundgren

Proposal for a directive Article 1 – paragraph 3

Text proposed by the Commission Amendment

Or. en

PE692.765v02-00 224/443 AM\1231713EN.docx EN Justification

Amendment 426 Lukas Mandl

Proposal for a directive Article 1 – paragraph 3

Text proposed by the Commission Amendment

Or. en

Amendment 427 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Article 1 – paragraph 3

Text proposed by the Commission Amendment

Or. en

AM\1231713EN.docx 225/443 PE692.765v02-00 EN Amendment 428 Konstantinos Arvanitis

Proposal for a directive Article 1 – paragraph 3 – point 1 (new)

Text proposed by the Commission Amendment

(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.

Or. el

Amendment 429 Sara Skyttedal, Jessica Polfjärd, David Lega, Tomas Tobé, Arba Kokalari, Jörgen Warborn

Proposal for a directive Article 1 – paragraph 3 a (new)

Text proposed by the Commission Amendment

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.

Or. en

Amendment 430 Abir Al-Sahlani, Engin Eroglu, Morten Petersen, Karen Melchior, Morten Løkkegaard,

PE692.765v02-00 226/443 AM\1231713EN.docx EN Linea Søgaard-Lidell, Asger Christensen, Søren Gade, Andrus Ansip, Karin Karlsbro, Bart Groothuis, Caroline Nagtegaal, Malik Azmani, Jan Huitema, Liesje Schreinemacher

Proposal for a directive Article 1 – paragraph 3 a (new)

Text proposed by the Commission Amendment

3a. Nothing in this Directive shall be construed as creating rights for individuals.

Or. en

Amendment 431 Johan Danielsson, Heléne Fritzon, Marianne Vind

Proposal for a directive Article 1 – paragraph 3 a (new)

Text proposed by the Commission Amendment

3a. Nothing in this Directive shall be construed as creating rights for individuals.

Or. en

Amendment 432 Johan Danielsson, Heléne Fritzon, Marianne Vind, Nikolaj Villumsen, Kira Marie Peter-Hansen

Proposal for a directive Article 1 – paragraph 3 b (new)

Text proposed by the Commission Amendment

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

AM\1231713EN.docx 227/443 PE692.765v02-00 EN 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.

Or. en

Amendment 433 Johan Danielsson, Heléne Fritzon, Marianne Vind

Proposal for a directive Article 1 – paragraph 3 c (new)

Text proposed by the Commission Amendment

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.

Or. en

Amendment 434 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 2 – paragraph 1

Text proposed by the Commission Amendment

This Directive applies to workers in the This Directive applies to all workers Union who have an employment contract without distinction in the Union who have or employment relationship as defined by an employment contract or employment law, collective agreements or practice in relationship as defined by law, collective force in each Member State, with agreements or practice in force in each consideration to the case-law of the Court Member State, with consideration to the

PE692.765v02-00 228/443 AM\1231713EN.docx EN of Justice of the European Union. case-law of the Court of Justice of the European Union. The determination of the existence of an employment relationship shall be guided by the ILO Employment Relationship Recommendation, 2000 (No. 198).

Or. en

Amendment 435 Loucas Fourlas

Proposal for a directive Article 2 – paragraph 1

Text proposed by the Commission Amendment

This Directive applies to workers in the This Directive applies to workers in the Union who have an employment contract Union who have an employment contract or employment relationship as defined by or employment relationship as defined by law, collective agreements or practice in law, collective agreements or practice in force in each Member State, with force in each Member State, with consideration to the case-law of the Court consideration to the case-law of the Court of Justice of the European Union. 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.

Or. en

Amendment 436 Daniela Rondinelli, Chiara Gemma

Proposal for a directive Article 2 – paragraph 1

Text proposed by the Commission Amendment

This Directive applies to workers in the This Directive applies to all workers in the Union who have an employment contract Union, regardless of their production or employment relationship as defined by sector, who have an employment contract law, collective agreements or practice in or employment relationship as defined by force in each Member State, with law, collective agreements or practice in consideration to the case-law of the Court force in each Member State, with

AM\1231713EN.docx 229/443 PE692.765v02-00 EN of Justice of the European Union. consideration to the case-law of the Court of Justice of the European Union.

Or. it

Amendment 437 Samira Rafaela

Proposal for a directive Article 2 – paragraph 1

Text proposed by the Commission Amendment

This Directive applies to workers in the This Directive applies to workers in the Union who have an employment contract Union, with the inclusion of the Overseas or employment relationship as defined by Countries and Territories, who have an law, collective agreements or practice in employment contract or employment force in each Member State, with relationship as defined by law, collective consideration to the case-law of the Court agreements or practice in force in each of Justice of the European Union. Member State, with consideration to the case-law of the Court of Justice of the European Union.

Or. en

Amendment 438 Jessica Polfjärd, Sara Skyttedal, Tomas Tobé, Jörgen Warborn, Arba Kokalari, David Lega

Proposal for a directive Article 2 – paragraph 1

Text proposed by the Commission Amendment

Or. en

PE692.765v02-00 230/443 AM\1231713EN.docx EN Amendment 439 Brando Benifei, Pierfrancesco Majorino, Elisabetta Gualmini

Proposal for a directive Article 2 – paragraph 1

Text proposed by the Commission Amendment

This Directive applies to workers in the This Directive applies to workers in the Union who have an employment contract Union, including apprentices, trainees or employment relationship as defined by and interns, who have an employment law, collective agreements or practice in contract or employment relationship as force in each Member State, with defined by law, collective agreements or consideration to the case-law of the Court practice in force in each Member State, of Justice of the European Union. with consideration to the case-law of the Court of Justice of the European Union.

Or. en

Amendment 440 Margarita de la Pisa Carrión

Proposal for a directive Article 2 – paragraph 1

Text proposed by the Commission Amendment

This Directive applies to workers in the This Directive applies to workers in the Union who have an employment contract Union who have an employment contract or employment relationship as defined by or employment relationship as defined by law, collective agreements or practice in their national law, national collective force in each Member State, with agreements or practice in force in each consideration to the case-law of the Court Member State. of Justice of the European Union.

Or. es

Amendment 441 Sandra Pereira, José Gusmão

Proposal for a directive Article 2 – paragraph 1

AM\1231713EN.docx 231/443 PE692.765v02-00 EN Text proposed by the Commission Amendment

This Directive applies to workers in the This Directive applies to workers in the Union who have an employment contract Union who have an employment contract or employment relationship as defined by or employment relationship as defined by law, collective agreements or practice in law, collective agreements or practice in force in each Member State, with force in each Member State, and to self- consideration to the case-law of the Court employed persons who are economically of Justice of the European Union. dependent on the contracting entity.

Or. pt

Amendment 442 Stefan Berger, Ralf Seekatz, Markus Ferber, Sven Schulze, Jens Gieseke, Markus Pieper, Angelika Winzig, Sara Skyttedal, Henna Virkkunen, Axel Voss, Tomáš Zdechovský

Proposal for a directive Article 2 – paragraph 1 a (new)

Text proposed by the Commission Amendment

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.

Or. en

Amendment 443 Stelios Kympouropoulos

Proposal for a directive Article 2 – paragraph 1 a (new)

Text proposed by the Commission Amendment

This Directive is without prejudice to the national and international provisions and agreements on seafarers.

PE692.765v02-00 232/443 AM\1231713EN.docx EN Or. en

Amendment 444 Johan Danielsson, Heléne Fritzon, Marianne Vind

Proposal for a directive Article 3

Text proposed by the Commission Amendment

Article 3 deleted Definitions For the purposes of this Directive, the following definitions apply: (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 or output; (2) ‘statutory minimum wage’ means a minimum wage set by law, or other binding legal provisions; (3) ‘collective bargaining’ means all negotiations which take place between an employer, a group of employers or one or more employers’ organisations, on the one hand, and one or more workers’ 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; (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; (5) ‘collective bargaining coverage’ means the share of workers at national level to whom a collective agreement applies;

AM\1231713EN.docx 233/443 PE692.765v02-00 EN Or. en

Amendment 445 Abir Al-Sahlani, Nicola Beer, Svenja Hahn, Andreas Glück, Moritz Körner, Jan- Christoph Oetjen, Ulrike Müller, Engin Eroglu, Morten Petersen, Karen Melchior, Morten Løkkegaard, Linea Søgaard-Lidell, Asger Christensen, Søren Gade, Andrus Ansip, Karin Karlsbro, Dragoș Pîslaru, Bart Groothuis, Caroline Nagtegaal, Malik Azmani, Jan Huitema, Liesje Schreinemacher

Proposal for a directive Article 3 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

For the purposes of this Directive, the For the purposes of this Directive, the following definitions apply: following definitions apply while respecting Member States national law and legal labour market practice:

Or. en

Amendment 446 Johan Danielsson, Heléne Fritzon, Marianne Vind

Proposal for a directive Article 3 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

For the purposes of this Directive, the For the purposes of this Directive, the following definitions apply: following definitions apply, while respecting national law and practise:

Or. en

Amendment 447 Elena Lizzi, Stefania Zambelli

Proposal for a directive Article 3 – paragraph 1 – point 1

PE692.765v02-00 234/443 AM\1231713EN.docx EN Text proposed by the Commission Amendment

1) ‘minimum wage’ means the 1) ‘minimum wage’ means the minimum remuneration that an employer is minimum remuneration that an employer is required to pay to workers for the work required to pay to workers for the work performed during a given period, performed during a given period, calculated on the basis of time or output; calculated on the basis of time and the task performed, taking into account the worker’s learning path, if any;

Or. it

Amendment 448 Klára Dobrev

Proposal for a directive Article 3 – paragraph 1 – point 1

Text proposed by the Commission Amendment

(1) ‘minimum wage’ means the (1) ‘minimum wage’ means the minimum remuneration that an employer is minimum remuneration that an employer required to pay to workers for the work (whether private or public) is required to performed during a given period, pay to workers for the work performed calculated on the basis of time or output; during a given period, calculated on the basis of time or output;

Or. en

Amendment 449 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 3 – paragraph 1 – point 1

Text proposed by the Commission Amendment

(1) ‘minimum wage’ means the (1) ‘minimum wage’ means the minimum remuneration that an employer is minimum remuneration that a worker is required to pay to workers for the work entitled to for the work performed during a performed during a given period, given period, calculated on the basis of calculated on the basis of time or output; time;

AM\1231713EN.docx 235/443 PE692.765v02-00 EN Or. en

Amendment 450 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão, Sandra Pereira

Proposal for a directive Article 3 – paragraph 1 – point 1

Text proposed by the Commission Amendment

(1) ‘minimum wage’ means the (1) ‘minimum wage’ means the minimum remuneration that an employer is minimum remuneration that an employer is required to pay to workers for the work required to pay to workers for the work performed during a given period, performed during a given period, calculated on the basis of time or output; calculated on the basis of time;

Or. en

Amendment 451 Jeroen Lenaers, Miriam Lexmann

Proposal for a directive Article 3 – paragraph 1 – point 2

Text proposed by the Commission Amendment

(2) ‘statutory minimum wage’ means a (2) ‘statutory minimum wage’ means a minimum wage set by law, or other minimum wage set by law, or other binding legal provisions; binding legal provisions, with the exclusion of those set by a collective agreement made universally applicable;

Or. en

Amendment 452 Gheorghe Falcă, Eugen Tomac, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu Winkler, Daniel Buda, Vasile Blaga, Siegfried Mureşan, Ioan-Rareş Bogdan, Loránt Vincze, Cristian-Silviu Buşoi

Proposal for a directive Article 3 – paragraph 1 – point 2

PE692.765v02-00 236/443 AM\1231713EN.docx EN Text proposed by the Commission Amendment

Or. en

Amendment 453 Cindy Franssen

Proposal for a directive Article 3 – paragraph 1 – point 2

Text proposed by the Commission Amendment

(2) ‘statutory minimum wage’ means a (2) ‘statutory minimum wage’ means a minimum wage set by law, or other minimum wage set by law, or other binding legal provisions; binding legal provisions, that are not the conclusions of prior collective bargaining;

Or. en

Amendment 454 Radan Kanev

Proposal for a directive Article 3 – paragraph 1 – point 3

Text proposed by the Commission Amendment

(3) ‘collective bargaining’ means all (3) ‘collective bargaining’ means all negotiations which take place between an negotiations which take place between an employer, a group of employers or one or employer, group of employers or one or more employers’ organisations, on the one more employers’ organisations, on the one hand, and one or more workers’ hand, and one or more trade unions or organisations, on the other, for determining workers ’organisations, including online- working conditions and terms of based associations of non-standard employment; and/or regulating relations workers such as platform workers , on the between employers and workers; and/or other, for determining working conditions regulating relations between employers or and terms of employment; and/or their organisations and a worker regulating relations between employers and

AM\1231713EN.docx 237/443 PE692.765v02-00 EN organisation or worker organisations; workers; and/or regulating relations between employers or their organisations and trade unions or workers’ associations;

Or. en

Amendment 455 Abir Al-Sahlani, Nicola Beer, Svenja Hahn, Andreas Glück, Moritz Körner, Jan- Christoph Oetjen, Ulrike Müller, Engin Eroglu, Karen Melchior, Morten Løkkegaard, Linea Søgaard-Lidell, Asger Christensen, Søren Gade, Karin Karlsbro, Bart Groothuis, Caroline Nagtegaal, Malik Azmani, Jan Huitema, Liesje Schreinemacher

Proposal for a directive Article 3 – paragraph 1 – point 3

Text proposed by the Commission Amendment

(3) ‘collective bargaining’ means all (3) ‘collective bargaining’ means all negotiations which take place between an negotiations which take place in employer, a group of employers or one or accordance to Member States national more employers’ organisations, on the one law and legal labour market practice: hand, and one or more workers’ between an employer, a group of organisations, on the other, for determining employers or one or more employers’ working conditions and terms of organisations, on the one hand, and one or employment; and/or regulating relations more workers’ organisations, on the other, between employers and workers; and/or for determining working conditions and regulating relations between employers or terms of employment; and/or regulating their organisations and a worker relations between employers and workers; organisation or worker organisations; and/or regulating relations between employers or their organisations and a worker organisation or worker organisations;

Or. en

Amendment 456 Jessica Polfjärd, Sara Skyttedal, Tomas Tobé, Jörgen Warborn, Arba Kokalari, David Lega

Proposal for a directive Article 3 – paragraph 1 – point 3

Text proposed by the Commission Amendment

(3) ‘collective bargaining’ means all (3) ‘collective bargaining’ means all

PE692.765v02-00 238/443 AM\1231713EN.docx EN negotiations which take place between an negotiations which take place in each employer, a group of employers or one or Member State in accordance with their more employers’ organisations, on the one national law and practices between an hand, and one or more workers’ employer, a group of employers or one or organisations, on the other, for determining more employers’ organisations, on the one working conditions and terms of hand, and one or more workers’ employment; and/or regulating relations organisations, on the other, for determining between employers and workers; and/or working conditions and terms of regulating relations between employers or employment; and/or regulating relations their organisations and a worker between employers and workers; and/or organisation or worker organisations; regulating relations between employers or their organisations and a worker organisation or worker organisations;

Or. en

Amendment 457 Sylvie Brunet, Marie-Pierre Vedrenne, Véronique Trillet-Lenoir, Stéphane Bijoux, Ilana Cicurel, Samira Rafaela, Anna Júlia Donáth, Yana Toom

Proposal for a directive Article 3 – paragraph 1 – point 3

Text proposed by the Commission Amendment

(3) ‘collective bargaining’ means all (3) ‘collective bargaining’ means all negotiations which take place between an negotiations which take place in employer, a group of employers or one or accordance with national law and more employers’ organisations, on the one practices between an employer, a group of hand, and one or more workers’ employers or one or more employers’ organisations, on the other, for determining organisations, on the one hand, and working conditions and terms of workers’ organisations or one or more employment; and/or regulating relations trade unions, on the other, for determining between employers and workers; and/or working conditions and terms of regulating relations between employers or employment; and/or regulating relations their organisations and a worker between employers and workers; and/or organisation or worker organisations; regulating relations between employers or their organisations and workers or their organisations or trade unions;

Or. en

Amendment 458 Maria Walsh, Seán Kelly, Sara Skyttedal

AM\1231713EN.docx 239/443 PE692.765v02-00 EN Proposal for a directive Article 3 – paragraph 1 – point 3

Text proposed by the Commission Amendment

(3) ‘collective bargaining’ means all (3) ‘collective bargaining’ is firstly negotiations which take place between an defined at national level; at an EU level it employer, a group of employers or one or is defined as all negotiations which take more employers’ organisations, on the one place between an employer, a group of hand, and one or more workers’ employers or one or more employers’ organisations, on the other, for determining organisations, on the one hand, and one or working conditions and terms of more workers’ organisations, on the other, employment; and/or regulating relations for determining working conditions and between employers and workers; and/or terms of employment; and/or regulating regulating relations between employers or relations between employers and workers; their organisations and a worker and/or regulating relations between organisation or worker organisations; employers or their organisations and a worker organisation or worker organisations;

Or. en

Justification

The definition of terms such as collective agreement and collective bargaining fall within the competence of Member States and should, therefore, remain defined at national level.

Amendment 459 Jordi Cañas

Proposal for a directive Article 3 – paragraph 1 – point 3

Text proposed by the Commission Amendment

(3) ‘collective bargaining’ means all (3) ‘collective bargaining’ means all negotiations which take place between an negotiations which take place between an employer, a group of employers or one or employer, a group of employers or one or more employers’ organisations, on the one more employers’ organisations, on the one hand, and one or more workers’ hand, and one or more trade unions or organisations, on the other, for group(s) of legally recognised workers’ determining working conditions and terms representatives on the other, for of employment; and/or regulating relations determining working conditions and terms between employers and workers; and/or of employment; and/or regulating relations regulating relations between employers or between employers and workers; and/or their organisations and a worker regulating relations between employers or organisation or worker organisations; their organisations and workers, their trade

PE692.765v02-00 240/443 AM\1231713EN.docx EN unions or workers’ representatives;

Or. en

Amendment 460 Monica Semedo, Atidzhe Alieva-Veli, Abir Al-Sahlani, Samira Rafaela, Dragoș Pîslaru

Proposal for a directive Article 3 – paragraph 1 – point 3

Text proposed by the Commission Amendment

(3) ‘collective bargaining’ means all (3) ‘collective bargaining’ means all negotiations which take place between an negotiations which take place in employer, a group of employers or one or accordance with national law and practice more employers’ organisations, on the one between an employer, a group of hand, and one or more workers’ employers or one or more employers’ organisations, on the other, for organisations, on the one hand, and a determining working conditions and terms group of workers or one or more trade of employment; and/or regulating relations unions , on the other, for determining between employers and workers; and/or working conditions and terms of regulating relations between employers or employment; and/or regulating relations their organisations and a worker between employers and workers; and/or organisation or worker organisations; regulating relations between employers or their organisations and workers or their trade unions;

Or. en

Amendment 461 Daniela Rondinelli, Chiara Gemma

Proposal for a directive Article 3 – paragraph 1 – point 3

Text proposed by the Commission Amendment

3) ‘collective bargaining’ means all 3) ‘collective bargaining’ means all negotiations which take place between an negotiations which take place exclusively employer, a group of employers or one or between an employer, a group of more employers’ organisations, on the one employers or one or more of the most hand, and one or more workers’ representative employers’ organisations, organisations, on the other, for on the one hand, and one or more of the determining working conditions and terms most representative trade unions, on the of employment; and/or regulating relations other, for determining working conditions

AM\1231713EN.docx 241/443 PE692.765v02-00 EN between employers and workers; and/or and terms of employment; and/or regulating relations between employers and regulating relations between employers and their organisations and a worker workers; and/or regulating relations organisation or worker organisations; between employers and their organisations and the trade unions;

Or. it

Amendment 462 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão, Sandra Pereira

Proposal for a directive Article 3 – paragraph 1 – point 3

Text proposed by the Commission Amendment

(3) ‘collective bargaining’ means all (3) ‘collective bargaining’ means all negotiations which take place between an negotiations which take place between an employer, a group of employers or one or employer, a group of employers or one or more employers’ organisations, on the one more employers’ organisations, on the one hand, and one or more workers’ hand, and one or more trade unions, on the organisations, on the other, for other, for determining working conditions determining working conditions and terms and terms of employment; and/or of employment; and/or regulating relations regulating relations between employers and between employers and workers; and/or workers; and/or regulating relations regulating relations between employers or between employers or their organisations their organisations and a worker and a trade union or trade unions; organisation or worker organisations;

Or. en

Amendment 463 Jeroen Lenaers, Miriam Lexmann

Proposal for a directive Article 3 – paragraph 1 – point 3

Text proposed by the Commission Amendment

PE692.765v02-00 242/443 AM\1231713EN.docx EN organisations, on the other, for other, for determining working conditions determining working conditions and terms and terms of employment; and/or of employment; and/or regulating relations regulating relations between employers and between employers and workers; and/or workers; and/or regulating relations regulating relations between employers or between employers or their organisations their organisations and a worker and trade unions; organisation or worker organisations;

Or. en

Amendment 464 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 3 – paragraph 1 – point 3

Text proposed by the Commission Amendment

(3) ‘collective bargaining’ means all (3) ‘collective bargaining’ means all negotiations which take place between an negotiations which take place between an employer, a group of employers or one or employer, a group of employers or one or more employers’ organisations, on the one more employers’ organisations, on the one hand, and one or more workers’ hand, and one or more trade unions, on the organisations, on the other, for other, for determining working conditions determining working conditions and terms and terms of employment; and/or of employment; and/or regulating relations regulating relations between employers and between employers and workers; and/or workers; and/or regulating relations regulating relations between employers or between employers or their organisations their organisations and a worker and trade unions; organisation or worker organisations;

Or. en

Amendment 465 Anna Zalewska, Elżbieta Rafalska, Beata Szydło

Proposal for a directive Article 3 – paragraph 1 – point 3

Text proposed by the Commission Amendment

AM\1231713EN.docx 243/443 PE692.765v02-00 EN more employers’ organisations, on the one more employers’ organisations, on the one hand, and one or more workers’ hand, and one or more trade unions, on the organisations, on the other, for other, for determining working conditions determining working conditions and terms and terms of employment; and/or of employment; and/or regulating relations regulating relations between employers and between employers and workers; and/or workers; and/or regulating relations regulating relations between employers or between employers or their organisations their organisations and a worker and trade unions; organisation or worker organisations;

Or. pl

Amendment 466 Jessica Polfjärd, Sara Skyttedal, Tomas Tobé, Jörgen Warborn, Arba Kokalari, David Lega

Proposal for a directive Article 3 – paragraph 1 – point 4

Text proposed by the Commission Amendment

(4) ‘collective agreement’ means all (4) ‘collective agreement’ means all agreements in writing regarding working agreements in each Member State in conditions and terms of employment accordance with their national laws and concluded by the social partners as an practices in writing regarding working outcome of collective bargaining; conditions and terms of employment concluded by the social partners as an outcome of collective bargaining;

Or. en

Amendment 467 Maria Walsh, Seán Kelly

Proposal for a directive Article 3 – paragraph 1 – point 4

Text proposed by the Commission Amendment

(4) ‘collective agreement’ means all (4) ‘collective agreement’ is firstly agreements in writing regarding working defined at national level; at an EU level is conditions and terms of employment defined as all agreements in writing concluded by the social partners as an regarding working conditions and terms of outcome of collective bargaining; employment concluded by the social partners as an outcome of collective

PE692.765v02-00 244/443 AM\1231713EN.docx EN bargaining;

Or. en

Justification

The definition of terms such as collective agreement and collective bargaining fall within the competence of Member States and should, therefore, remain defined at national level.

Amendment 468 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 3 – paragraph 1 – point 4

Text proposed by the Commission Amendment

(4) ‘collective agreement’ means all (4) ‘collective agreement’ means all agreements in writing regarding working agreements in accordance with the conditions and terms of employment national and regional practice of the concluded by the social partners as an social partners regarding working outcome of collective bargaining; conditions and terms of employment concluded by the social partners as an outcome of collective bargaining;

Or. en

Amendment 469 Anna Zalewska, Elżbieta Rafalska, Beata Szydło

Proposal for a directive Article 3 – paragraph 1 – point 4

Text proposed by the Commission Amendment

(4) ‘collective agreement’ means all (4) ‘collective agreement’ means all agreements in writing regarding working agreements in writing regarding working conditions and terms of employment conditions and terms of employment concluded by the social partners as an concluded by the social partners as an outcome of collective bargaining; outcome of collective bargaining, taking into account the rules on employment and remuneration;

Or. pl

AM\1231713EN.docx 245/443 PE692.765v02-00 EN Amendment 470 Sandra Pereira, José Gusmão

Proposal for a directive Article 3 – paragraph 1 – point 4

Text proposed by the Commission Amendment

(4) ‘collective agreement’ means all (4) ‘collective agreement’ means all agreements in writing regarding working agreements in writing regarding wages, conditions and terms of employment working conditions and terms of concluded by the social partners as an employment concluded among trade outcome of collective bargaining; unions and employers’ organisations as an outcome of collective bargaining;

Or. pt

Amendment 471 Johan Danielsson, Heléne Fritzon, Marianne Vind

Proposal for a directive Article 3 – paragraph 1 – point 4

Text proposed by the Commission Amendment

(4) ‘collective agreement’ means all (4) ‘collective agreement’ means all agreements in writing regarding working agreements in writing regarding provisions conditions and terms of employment such as, but not limited to, working concluded by the social partners as an conditions and terms of employment outcome of collective bargaining; concluded by the social partners as an outcome of collective bargaining;

Or. en

Amendment 472 Daniela Rondinelli, Chiara Gemma

Proposal for a directive Article 3 – paragraph 1 – point 4

Text proposed by the Commission Amendment

4) ‘collective agreement’ means all 4) ‘collective agreement’ means all

PE692.765v02-00 246/443 AM\1231713EN.docx EN agreements in writing regarding working agreements in writing regarding working conditions and terms of employment conditions and terms of employment concluded by the social partners as an concluded by the most representative outcome of collective bargaining; social partners as an outcome of collective bargaining;

Or. it

Amendment 473 Gheorghe Falcă, Eugen Tomac, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu Winkler, Daniel Buda, Siegfried Mureşan, Ioan-Rareş Bogdan, Loránt Vincze, Cristian- Silviu Buşoi

Proposal for a directive Article 3 – paragraph 1 – point 4

Text proposed by the Commission Amendment

(4) ‘collective agreement’ means all (4) ‘collective agreement’ means all agreements in writing regarding working agreements in writing regarding working conditions and terms of employment conditions and terms of employment as an concluded by the social partners as an outcome of collective bargaining; outcome of collective bargaining;

Or. en

Amendment 474 Gheorghe Falcă, Eugen Tomac, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu Winkler, Daniel Buda, Vasile Blaga, Siegfried Mureşan, Ioan-Rareş Bogdan, Loránt Vincze, Cristian-Silviu Buşoi

Proposal for a directive Article 3 – paragraph 1 – point 5

Text proposed by the Commission Amendment

(5) ‘collective bargaining coverage’ deleted means the share of workers at national level to whom a collective agreement applies;

Or. en

AM\1231713EN.docx 247/443 PE692.765v02-00 EN Amendment 475 Stefan Berger, Ralf Seekatz, Markus Ferber, Sven Schulze, Jens Gieseke, Markus Pieper, Angelika Winzig, Sara Skyttedal, Henna Virkkunen, Axel Voss, Tomáš Zdechovský

Proposal for a directive Article 3 – paragraph 1 – point 5

Text proposed by the Commission Amendment

(5) ‘collective bargaining coverage’ (5) ‘collective bargaining coverage’ means the share of workers at national means the share of workers at national level to whom a collective agreement level to whom a collective agreement applies; 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.

Or. en

Amendment 476 Daniela Rondinelli, Chiara Gemma

Proposal for a directive Article 3 – paragraph 1 – point 5

Text proposed by the Commission Amendment

5) ‘collective bargaining coverage’ 5) ‘collective bargaining coverage’ means the share of workers at national means the share of workers at national level to whom a collective agreement level to whom a collective agreement applies; applies, signed by the most representative employers’ and trade union organisations and governing remuneration;

Or. it

Amendment 477 Anne Sander

PE692.765v02-00 248/443 AM\1231713EN.docx EN Proposal for a directive Article 3 – paragraph 1 – point 5

Text proposed by the Commission Amendment

Or. fr

Amendment 478 Jessica Polfjärd, Sara Skyttedal, Tomas Tobé, Jörgen Warborn, Arba Kokalari, David Lega

Proposal for a directive Article 3 – paragraph 1 – point 5

Text proposed by the Commission Amendment

(5) ‘collective bargaining coverage’ (5) ‘collective bargaining coverage’ means the share of workers at national means the share of workers in each level to whom a collective agreement Member State in accordance with their applies; national laws and practices to whom a collective agreement applies;

Or. en

Amendment 479 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Article 3 – paragraph 1 – point 5

Text proposed by the Commission Amendment

Or. en

AM\1231713EN.docx 249/443 PE692.765v02-00 EN Amendment 480 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 3 – paragraph 1 – point 5 a (new)

Text proposed by the Commission Amendment

(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;

Or. en

Amendment 481 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 3 – paragraph 1 – point 5 b (new)

Text proposed by the Commission Amendment

(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.

Or. en

PE692.765v02-00 250/443 AM\1231713EN.docx EN Amendment 482 Gheorghe Falcă, Eugen Tomac, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu Winkler, Daniel Buda, Vasile Blaga, Siegfried Mureşan, Ioan-Rareş Bogdan, Loránt Vincze, Cristian-Silviu Buşoi

Proposal for a directive Article 4 – title

Text proposed by the Commission Amendment

Promotion of collective bargaining on Collective bargaining minimum wages wage setting system

Or. en

Amendment 483 Elena Lizzi, Stefania Zambelli

Proposal for a directive Article 4 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

1. With the aim to increase the 1. With the aim to increase collective collective bargaining coverage Member bargaining Member States shall adopt, in States shall take, in consultation with the consultation with the national social social partners, at least the following partners, measures aimed at improving measures: collective bargaining conditions, respecting national industrial relations, laws and practices. Such measures, which must be fully in line with the fundamental freedoms of workers and employers as enshrined in the EU Charter of Fundamental Rights, may include:

Or. it

Amendment 484 Anne Sander

Proposal for a directive Article 4 – paragraph 1 – introductory part

AM\1231713EN.docx 251/443 PE692.765v02-00 EN Text proposed by the Commission Amendment

1. With the aim to increase the 1. At the request of the national collective bargaining coverage Member social partners, Member States may adopt States shall take, in consultation with the measures establishing favourable social partners, at least the following conditions for collective bargaining, measures: provided that industrial relations are respected. Such measures must respect the fundamental freedoms of workers and employers as enshrined in the Charter of Fundamental Rights of the European Union.

Or. fr

Amendment 485 Jeroen Lenaers, Miriam Lexmann

Proposal for a directive Article 4 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

1. With the aim to increase the 1. With the aim to increase the collective bargaining coverage Member collective bargaining coverage and to States shall take, in consultation with the enhance the access of workers to social partners, at least the following minimum wage protection provided by measures: 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:

Or. en

Amendment 486 Radan Kanev

Proposal for a directive Article 4 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

1. With the aim to increase the 1. With the aim of ensuring the

PE692.765v02-00 252/443 AM\1231713EN.docx EN collective bargaining coverage Member exercise of the right to effective collective States shall take, in consultation with the bargaining, the strengthening, increase social partners, at least the following and adaptation to new labour market measures: realities of the collective bargaining coverage, Member States shall take, in cooperation with the social partners, at least the following measures:

Or. en

Amendment 487 Jordi Cañas

Proposal for a directive Article 4 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

1. With the aim to increase the 1. With the aim to increase the collective bargaining coverage Member collective bargaining coverage Member States shall take, in consultation with the States shall take, in consultation with the social partners, at least the following social partners, and, where applicable, measures: representative organisations of the most vulnerable groups, such as persons with disabilities, at least the following measures:

Or. en

Amendment 488 Gheorghe Falcă, Eugen Tomac, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu Winkler, Daniel Buda, Vasile Blaga, Ioan-Rareş Bogdan, Loránt Vincze, Cristian-Silviu Buşoi

Proposal for a directive Article 4 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

1. With the aim to increase the 1. With the aim to increase the collective bargaining coverage Member collective bargaining coverage Member States shall take, in consultation with the States that set minimum wages only social partners, at least the following through collective agreements shall take, measures: in consultation with the social partners and in accordance with national laws and

AM\1231713EN.docx 253/443 PE692.765v02-00 EN practices, at least the following measures:

Or. en

Amendment 489 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Article 4 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

1. With the aim to increase the 1. With the aim of ensuring the collective bargaining coverage Member exercise of the right to effective collective States shall take, in consultation with the bargaining, the strengthening and social partners, at least the following increase of the collective bargaining measures: coverage Member States shall take, in cooperation with the social partners, at least the following measures:

Or. en

Amendment 490 Stefan Berger, Ralf Seekatz, Markus Ferber, Sven Schulze, Jens Gieseke, Markus Pieper, Angelika Winzig, Sara Skyttedal, Henna Virkkunen, Axel Voss, Tomáš Zdechovský

Proposal for a directive Article 4 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

1. With the aim to increase the 1. With the aim to increase the collective bargaining coverage Member collective bargaining coverage Member States shall take, in consultation with the States shall take, in accordance with their social partners, at least the following national law and practices, and in measures: consultation with the social partners, at least the following measures:

Or. en

Amendment 491 Stelios Kympouropoulos

PE692.765v02-00 254/443 AM\1231713EN.docx EN Proposal for a directive Article 4 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

1. With the aim to increase the 1. With the aim to increase the collective bargaining coverage Member collective bargaining coverage Member States shall take, in consultation with the States shall take, in consultation with the social partners, at least the following social partners, and in accordance with measures: national law and practices, at least the following measures:

Or. en

Amendment 492 Sara Skyttedal, Jessica Polfjärd, David Lega, Tomas Tobé, Arba Kokalari, Jörgen Warborn

Proposal for a directive Article 4 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

1. With the aim to increase the 1. With the aim of promoting the collective bargaining coverage Member collective bargaining coverage, Member States shall take, in consultation with the States shall, in accordance with national social partners, at least the following law and practice and in cooperation with measures: the social partners, undertake the following measures:

Or. en

Amendment 493 Sandra Pereira, José Gusmão

Proposal for a directive Article 4 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

1. With the aim to increase the 1. With the aim to promote the right collective bargaining coverage Member to collective bargaining and increase the States shall take, in consultation with the collective bargaining coverage Member social partners, at least the following States shall take, in consultation with the

AM\1231713EN.docx 255/443 PE692.765v02-00 EN measures: social partners, at least the following measures:

Or. pt

Amendment 494 Maria Walsh, Seán Kelly, Jeroen Lenaers

Proposal for a directive Article 4 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

1. With the aim to increase the 1. With the aim to promote the collective bargaining coverage Member collective bargaining coverage Member States shall take, in consultation with the States shall take, in consultation with the social partners, at least the following social partners, at least the following measures: measures:

Or. en

Amendment 495 Peter Lundgren

Proposal for a directive Article 4 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

1. With the aim to increase the 1. With the aim to increase the collective bargaining coverage Member collective bargaining coverage Member States shall take, in consultation with the States can take, in consultation with the social partners, at least the following social partners, at least the following measures: measures:

Or. en

Justification

Harmonization can seriously threat different labour market models in the EU.

Amendment 496 Anne Sander

PE692.765v02-00 256/443 AM\1231713EN.docx EN Proposal for a directive Article 4 – paragraph 1 – point a

Text proposed by the Commission Amendment

(a) promote the building and deleted strengthening of the capacity of the social partners to engage in collective bargaining on wage setting at sector or cross-industry level;

Or. fr

Amendment 497 Sandra Pereira, José Gusmão

Proposal for a directive Article 4 – paragraph 1 – point a

Text proposed by the Commission Amendment

(a) promote the building and (a) promote the strengthening of the strengthening of the capacity of the social capacity of trade unions and employers’ partners to engage in collective bargaining organisations to engage in collective on wage setting at sector or cross-industry bargaining on wage setting and other level; workers’ rights at sector or cross-industry level so that workers are treated more favourably;

Or. pt

Amendment 498 Radan Kanev

Proposal for a directive Article 4 – paragraph 1 – point a

Text proposed by the Commission Amendment

(a) promote the building and (a) promote the building and further strengthening of the capacity of the social strengthening of the capacity of the social partners to engage in collective bargaining partners to engage in collective bargaining on wage setting at sector or cross-industry on wage setting at sector or cross-industry level; level, including the technology-based new

AM\1231713EN.docx 257/443 PE692.765v02-00 EN labour market;

Or. en

Amendment 499 David Casa

Proposal for a directive Article 4 – paragraph 1 – point a

Text proposed by the Commission Amendment

(a) promote the building and (a) where it is the national law or strengthening of the capacity of the social practice, promote the building and partners to engage in collective bargaining strengthening of the capacity of the social on wage setting at sector or cross-industry partners to engage in collective bargaining level; on wage setting at sector or cross-industry level;

Or. en

Amendment 500 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 4 – paragraph 1 – point a

Text proposed by the Commission Amendment

(a) promote the building and (a) ensure the building and strengthening of the capacity of the social strengthening of the capacity of the social partners to engage in collective bargaining partners to engage in collective bargaining on wage setting at sector or cross-industry on wage setting at sector or cross-industry level; level and at national, regional or local level;

Or. en

Amendment 501 Maria Walsh, Seán Kelly, Sara Skyttedal

PE692.765v02-00 258/443 AM\1231713EN.docx EN Proposal for a directive Article 4 – paragraph 1 – point a

Text proposed by the Commission Amendment

(a) promote the building and (a) facilitate the building and strengthening of the capacity of the social strengthening of the capacity of the social partners to engage in collective bargaining partners to engage in collective bargaining on wage setting at sector or cross-industry on wage setting at sector or cross-industry level; level for workers who choose it;

Or. en

Amendment 502 Gheorghe Falcă, Eugen Tomac, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu Winkler, Daniel Buda, Vasile Blaga, Siegfried Mureşan, Ioan-Rareş Bogdan, Loránt Vincze, Cristian-Silviu Buşoi

Proposal for a directive Article 4 – paragraph 1 – point a

Text proposed by the Commission Amendment

(a) promote the building and (a) promote the building and strengthening of the capacity of the social strengthening of the capacity of the social partners to engage in collective bargaining partners to engage in collective bargaining on wage setting at sector or cross-industry on wage setting, in particular, at sector or level; cross-industry level;

Or. en

Amendment 503 Anne Sander

Proposal for a directive Article 4 – paragraph 1 – point b

Text proposed by the Commission Amendment

(b) encourage constructive, deleted meaningful and informed negotiations on wages among social partners;

Or. fr

AM\1231713EN.docx 259/443 PE692.765v02-00 EN Amendment 504 Sandra Pereira, José Gusmão

Proposal for a directive Article 4 – paragraph 1 – point b

Text proposed by the Commission Amendment

(b) encourage constructive, meaningful (b) encourage constructive, meaningful and informed negotiations on wages among and informed negotiations on wages and social partners; other workers’ rights among trade unions and employers’ organisations with a view to updating collective agreements by improving wages and other rights;

Or. pt

Amendment 505 Stefan Berger, Ralf Seekatz, Markus Ferber, Sven Schulze, Jens Gieseke, Markus Pieper, Angelika Winzig, Sara Skyttedal, Henna Virkkunen, Axel Voss, Tomáš Zdechovský

Proposal for a directive Article 4 – paragraph 1 – point b

Text proposed by the Commission Amendment

(b) encourage constructive, meaningful (b) encourage constructive, meaningful and informed negotiations on wages among and informed negotiations on wages among social partners; social partners, thereby respecting the free will of workers and employers in the process

Or. en

Amendment 506 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Article 4 – paragraph 1 – point b

PE692.765v02-00 260/443 AM\1231713EN.docx EN Text proposed by the Commission Amendment

(b) encourage constructive, meaningful (b) encourage constructive, meaningful and informed negotiations on wages and informed negotiations on wages among social partners; between social partners;

Or. en

Amendment 507 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 4 – paragraph 1 – point b a (new)

Text proposed by the Commission Amendment

(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.

Or. en

Amendment 508 Radan Kanev

Proposal for a directive Article 4 – paragraph 1 – point b a (new)

Text proposed by the Commission Amendment

(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.

AM\1231713EN.docx 261/443 PE692.765v02-00 EN Or. en

Amendment 509 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Article 4 – paragraph 1 – point b a (new)

Text proposed by the Commission Amendment

(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;

Or. en

Amendment 510 Stelios Kympouropoulos

Proposal for a directive Article 4 – paragraph 1 – subparagraph 1 (new)

Text proposed by the Commission Amendment

Member States, where appropriate, shall consult organisations representing the rights of workers with limited bargaining power, such as disabled persons.

Or. en

Amendment 511 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 4 – paragraph 1 – point b a (new)

Text proposed by the Commission Amendment

(ba) ensure observance of sectoral

PE692.765v02-00 262/443 AM\1231713EN.docx EN collective agreements that apply throughout the subcontracting chains.

Or. fr

Amendment 512 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Article 4 – paragraph 1 – point b b (new)

Text proposed by the Commission Amendment

(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;

Or. en

Amendment 513 Radan Kanev

Proposal for a directive Article 4 – paragraph 1 – point b b (new)

Text proposed by the Commission Amendment

(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

Or. en

Amendment 514 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

AM\1231713EN.docx 263/443 PE692.765v02-00 EN Proposal for a directive Article 4 – paragraph 1 – point b c (new)

Text proposed by the Commission Amendment

(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;

Or. en

Amendment 515 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Article 4 – paragraph 1 – point b d (new)

Text proposed by the Commission Amendment

(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;

Or. en

Amendment 516 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 4 – paragraph 1 a (new)

Text proposed by the Commission Amendment

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.

PE692.765v02-00 264/443 AM\1231713EN.docx EN Or. en

Amendment 517 Dominique Bilde

Proposal for a directive Article 4 – paragraph 2

Text proposed by the Commission Amendment

2. Member States where collective deleted bargaining coverage is less than 70% of the workers defined within the meaning of Article 2 shall also provide for a framework of enabling conditions for collective bargaining, either by law after consultation of the social partners or by agreement with them, and shall establish an action plan to promote collective bargaining. The action plan shall be made public and shall be notified to the European Commission.

Or. fr

Amendment 518 Anna Zalewska, Elżbieta Rafalska, Beata Szydło

Proposal for a directive Article 4 – paragraph 2

Text proposed by the Commission Amendment

2. Member States where collective deleted bargaining coverage is less than 70% of the workers defined within the meaning of Article 2 shall in addition provide for a framework of enabling conditions for collective bargaining, either by law after consultation of the social partners or by agreement with them, and shall establish an action plan to promote collective bargaining. The action plan shall be made public and shall be notified to the European Commission.

AM\1231713EN.docx 265/443 PE692.765v02-00 EN Or. pl

Amendment 519 Peter Lundgren

Proposal for a directive Article 4 – paragraph 2

Text proposed by the Commission Amendment

Or. en

Justification

Harmonization can seriously threat different labour market models in the EU.

Amendment 520 Gheorghe Falcă, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu Winkler, Daniel Buda, Eugen Tomac, Siegfried Mureşan, Ioan-Rareş Bogdan, Loránt Vincze, Cristian-Silviu Buşoi

Proposal for a directive Article 4 – paragraph 2

Text proposed by the Commission Amendment

PE692.765v02-00 266/443 AM\1231713EN.docx EN consultation of the social partners or by agreement with them, and shall establish an action plan to promote collective bargaining. The action plan shall be made public and shall be notified to the European Commission.

Or. en

Amendment 521 Eugen Tomac, Marian-Jean Marinescu, Vasile Blaga, Daniel Buda, Siegfried Mureşan

Proposal for a directive Article 4 – paragraph 2

Text proposed by the Commission Amendment

2. Member States where collective 2. Member States may establish, in bargaining coverage is less than 70% of accordance with the national practice for the workers defined within the meaning of social dialogue, by tripartite agreement or Article 2 shall in addition provide for a by mutual agreement among the social framework of enabling conditions for partners, a framework with favourable collective bargaining, either by law after conditions for collective bargaining and consultation of the social partners or by consolidation of the existing one. The agreement with them, and shall establish agreed measures shall be made public. an action plan to promote collective bargaining. The action plan shall be made public and shall be notified to the European Commission.

Or. en

Amendment 522 Daniela Rondinelli, Chiara Gemma

Proposal for a directive Article 4 – paragraph 2

Text proposed by the Commission Amendment

2. Member States where collective 2. Member States that already have a bargaining coverage is less than 70% of the statutory minimum wage and where workers defined within the meaning of collective bargaining coverage is less than Article 2 shall in addition provide for a 90% of workers, and states that do not framework of enabling conditions for have a minimum wage but where

AM\1231713EN.docx 267/443 PE692.765v02-00 EN collective bargaining, either by law after collective bargaining coverage is less than consultation of the social partners or by 100%, shall in addition to the measures agreement with them, and shall establish referred to in paragraph 1 ensure proper an action plan to promote collective conditions to promote collective bargaining. The action plan shall be made bargaining, either by law after consultation public and shall be notified to the of the social partners or by agreement with European Commission. them. Those Member States shall, after consulting the social partners or in agreement with them, establish an action plan, setting out a clear timeline and concrete measures to ensure respect for the right to collective bargaining and to promote collective bargaining and progressively increase the coverage to at least 90%. The action plan shall be updated at least every two years, shall be made public and shall be notified to the Commission. Pirate contracts that provide for an evident worsening of wage and/or working conditions, as well as any collective agreement not signed by the most representative trade unions and/or employers’ organisations, cannot be considered when determining whether the minimum threshold of national collective bargaining coverage has been achieved.

Or. it

Amendment 523 Elena Lizzi, Stefania Zambelli

Proposal for a directive Article 4 – paragraph 2

Text proposed by the Commission Amendment

PE692.765v02-00 268/443 AM\1231713EN.docx EN public and shall be notified to the European Commission. Those Member States shall, after consulting social partners, establish an action plan, setting out a clear timeline and concrete measures to ensure respect for the right to collective bargaining and to promote and progressively increase the collective bargaining coverage to at least 70%. The action plan shall be made public, notified to the European Commission, monitored and updated at least every two years.

Or. it

Amendment 524 Radan Kanev

Proposal for a directive Article 4 – paragraph 2

Text proposed by the Commission Amendment

2. Member States where collective 2. Member States where collective bargaining coverage is less than 70% of the bargaining coverage is less than 90% of the workers defined within the meaning of workers shall, in addition to the measures Article 2 shall in addition provide for a provided for in paragraph 1, ensure framework of enabling conditions for proper conditions to promote collective collective bargaining, either by law after bargaining, either by law after consulting consultation of the social partners or by the social partners or in agreement with agreement with them, and shall establish them, including through new type of an action plan to promote collective workers’ associations, reflecting the new bargaining. The action plan shall be made labour market realities. Those Member public and shall be notified to the States shall, after consulting social European Commission. partners or in agreement with them, establishing action plan, setting out a clear timeline and concrete measures to ensure respect for the right and access to collective bargaining and to promote and progressively increase the collective bargaining coverage to at least 90%. The action plan shall be updated at least every two years, made public and notified to the Commission.

AM\1231713EN.docx 269/443 PE692.765v02-00 EN Or. en

Amendment 525 Monica Semedo, Atidzhe Alieva-Veli, Jordi Cañas, Dragoș Pîslaru, Samira Rafaela

Proposal for a directive Article 4 – paragraph 2

Text proposed by the Commission Amendment

2. Member States where collective 2. Member States, where collective bargaining coverage is less than 70% of the bargaining coverage is less than 70% of the workers defined within the meaning of workers defined within the meaning of Article 2 shall in addition provide for a Article 2, shall in addition provide for or, framework of enabling conditions for where it already exists, strengthen a collective bargaining, either by law after framework of enabling conditions to consultation of the social partners or by protect the right to engage in and promote agreement with them, and shall establish collective bargaining, either by law after an action plan to promote collective consultation of the social partners or by bargaining. The action plan shall be made agreement with them. Member States shall public and shall be notified to the establish and implement an action plan to European Commission. promote collective bargaining in cooperation with the social partners in order to progressively increase collective bargaining coverage across the Union. The action plan shall be made public, shall be notified to the European Commission and be reviewed and where necessary revised at least every three years.

Or. en

Amendment 526 Sylvie Brunet, Marie-Pierre Vedrenne, Véronique Trillet-Lenoir, Stéphane Bijoux, Ilana Cicurel, Yana Toom

Proposal for a directive Article 4 – paragraph 2

Text proposed by the Commission Amendment

PE692.765v02-00 270/443 AM\1231713EN.docx EN framework of enabling conditions for where it already exists, strengthen a collective bargaining, either by law after framework of enabling conditions to consultation of the social partners or by protect the right to engage in and promote agreement with them, and shall establish an collective bargaining, either by law after action plan to promote collective consultation of the social partners or by bargaining. The action plan shall be made agreement with them, and shall establish public and shall be notified to the and implement an action plan to promote European Commission. collective bargaining in cooperation with the social partners in order to progressively increase the collective bargaining coverage to a minimum of 90%. The action plan shall be made public, notified to the European Commission, reviewed and, where necessary, revised at least every three years.

Or. en

Amendment 527 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Article 4 – paragraph 2

Text proposed by the Commission Amendment

2. Member States where collective 2. Member States where collective bargaining coverage is less than 70% of the bargaining coverage is less than 70% of the workers defined within the meaning of workers shall, in addition to the measures Article 2 shall in addition provide for a provided for in paragraph 1, ensure framework of enabling conditions for proper conditions to promote collective collective bargaining, either by law after bargaining, either by law after consulting consultation of the social partners or by the social partners or in agreement with agreement with them, and shall establish them. Member States shall, after an action plan to promote collective consulting social partners or in agreement bargaining. The action plan shall be made with them, establish an action plan, setting public and shall be notified to the European out a clear timeline and concrete Commission. measures to ensure respect for the right to collective bargaining and to promote and progressively increase the collective bargaining coverage to at least 70%. The action plan be updated at least every two years, made public and shall be notified to the European Commission.

Or. en

AM\1231713EN.docx 271/443 PE692.765v02-00 EN Amendment 528 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 4 – paragraph 2

Text proposed by the Commission Amendment

2. Member States where collective 2. Member States where collective bargaining coverage is less than 70% of the bargaining coverage is less than 90% of the workers defined within the meaning of workers defined within the meaning of Article 2 shall in addition provide for a Article 2 shall in addition provide for a framework of enabling conditions for framework of enabling conditions for collective bargaining, either by law after collective bargaining, either by agreement consultation of the social partners or by between the social partners or by law after agreement with them, and shall establish an consultation of the social partners or by action plan to promote collective agreement with them, and shall establish an bargaining. The action plan shall be made effective action plan that guarantees public and shall be notified to the collective bargaining coverage for all European Commission. workers without distinction. The action plan shall be made public on an annual basis and shall be subject to regular review in order to ensure continuous progress. The European Commission and Parliament shall be duly notified.

Or. en

Amendment 529 David Casa

Proposal for a directive Article 4 – paragraph 2

Text proposed by the Commission Amendment

PE692.765v02-00 272/443 AM\1231713EN.docx EN an action plan to promote collective consulting social partners or in agreement bargaining. The action plan shall be made with them, establish an action plan, setting public and shall be notified to the out a clear timeline and concrete European Commission. measures to ensure respect for the right to collective bargaining. The action plan shall be updated at least every three years, made public and notified to the European Commission.

Or. en

Amendment 530 Sandra Pereira, José Gusmão

Proposal for a directive Article 4 – paragraph 2

Text proposed by the Commission Amendment

2. Member States where collective 2. Member States shall provide for a bargaining coverage is less than 70% of framework of enabling conditions for the workers defined within the meaning of collective bargaining and updating Article 2 shall in addition provide for a collective agreements, either by law after framework of enabling conditions for consultation of the social partners or by collective bargaining, either by law after agreement with them, and shall establish an consultation of the social partners or by action plan to promote collective agreement with them, and shall establish an bargaining and regular updating of action plan to promote collective collective agreements. bargaining. The action plan shall be made public and shall be notified to the European Commission.

Or. pt

Amendment 531 Krzysztof Hetman, Jarosław Duda, Sara Skyttedal, Romana Tomc

Proposal for a directive Article 4 – paragraph 2

Text proposed by the Commission Amendment

AM\1231713EN.docx 273/443 PE692.765v02-00 EN Article 2 shall in addition provide for a Article 2 shall in addition provide for a framework of enabling conditions for framework of enabling conditions for collective bargaining, either by law after collective bargaining, either by law after consultation of the social partners or by consultation of the social partners or by agreement with them, and shall establish an agreement with them and respecting action plan to promote collective existing legislation and traditions and bargaining. The action plan shall be made practices in this field , and shall establish public and shall be notified to the European an action plan to promote collective Commission. bargaining. The action plan shall be made public and shall be notified to the European Commission.

Or. en

Amendment 532 Maria Walsh, Seán Kelly, Jeroen Lenaers

Proposal for a directive Article 4 – paragraph 2

Text proposed by the Commission Amendment

2. Member States where collective 2. Member States where collective bargaining coverage is less than 70% of the bargaining coverage is less than 70% of the workers defined within the meaning of workers defined within the meaning of Article 2 shall in addition provide for a Article 2 shall in addition provide for or framework of enabling conditions for where it already exists provide for a collective bargaining, either by law after framework of enabling conditions for consultation of the social partners or by collective bargaining, either by law after agreement with them, and shall establish an consultation of the social partners or by action plan to promote collective agreement with them, and in consultation bargaining. The action plan shall be made with the social partners shall establish an public and shall be notified to the European action plan to promote collective Commission. bargaining. The action plan shall be made public and shall be notified to the European Commission.

Or. en

Amendment 533 Stelios Kympouropoulos

Proposal for a directive Article 4 – paragraph 2

PE692.765v02-00 274/443 AM\1231713EN.docx EN Text proposed by the Commission Amendment

2. Member States where collective 2. Member States where collective bargaining coverage is less than 70% of the bargaining coverage is less than 70% of the workers defined within the meaning of workers defined within the meaning of Article 2 shall in addition provide for a Article 2 shall in addition provide for a framework of enabling conditions for framework of enabling conditions for collective bargaining, either by law after collective bargaining, upon request of the consultation of the social partners or by social partners, either by law after agreement with them, and shall establish an consultation of the social partners or by action plan to promote collective agreement with them, and shall establish an bargaining. The action plan shall be made action plan to promote collective public and shall be notified to the European bargaining. The action plan shall be made Commission. public and shall be notified to the European Commission.

Or. en

Amendment 534 Jeroen Lenaers, Miriam Lexmann

Proposal for a directive Article 4 – paragraph 2

Text proposed by the Commission Amendment

2. Member States where collective 2. Member States where collective bargaining coverage is less than 70% of the bargaining coverage is less than 70% shall workers defined within the meaning of in addition provide for an action plan to Article 2 shall in addition provide for a promote collective bargaining, including a framework of enabling conditions for framework of enabling conditions for collective bargaining, either by law after collective bargaining, either by law after consultation of the social partners or by consultation of the social partners or by agreement with them, and shall establish agreement with them. The action plan shall an action plan to promote collective be made public and shall be notified to the bargaining. The action plan shall be made European Commission. public and shall be notified to the European Commission.

Or. en

Amendment 535 Stefan Berger, Ralf Seekatz, Markus Ferber, Sven Schulze, Jens Gieseke, Markus Pieper, Angelika Winzig, Sara Skyttedal, Henna Virkkunen, Axel Voss, Tomáš

AM\1231713EN.docx 275/443 PE692.765v02-00 EN Zdechovský

Proposal for a directive Article 4 – paragraph 2

Text proposed by the Commission Amendment

2. Member States where collective 2. Member States where overall bargaining coverage is less than 70% of the collective bargaining coverage is less than workers defined within the meaning of 70% of the workers defined within the Article 2 shall in addition provide for a meaning of Article 2 shall in addition framework of enabling conditions for provide for a framework of enabling collective bargaining, either by law after conditions for collective bargaining, either consultation of the social partners or by by law after consultation of the social agreement with them, and shall establish partners or by agreement with them, and an action plan to promote collective may establish an action plan to promote bargaining. The action plan shall be made collective bargaining. The action plan may public and shall be notified to the European then be made public and shall be notified Commission. to the European Commission.

Or. en

Amendment 536 Sara Skyttedal, Jessica Polfjärd, David Lega, Tomas Tobé, Arba Kokalari, Jörgen Warborn

Proposal for a directive Article 4 – paragraph 2

Text proposed by the Commission Amendment

2. Member States where collective 2. Member States where overall bargaining coverage is less than 70% of the collective bargaining coverage is less than workers defined within the meaning of 70% of the workers defined within the Article 2 shall in addition provide for a meaning of Article 2 may in addition framework of enabling conditions for provide for a framework of enabling collective bargaining, either by law after conditions for collective bargaining, either consultation of the social partners or by by law after consultation of the social agreement with them, and shall establish partners or by agreement with them, and an action plan to promote collective may establish an action plan to promote bargaining. The action plan shall be made collective bargaining. The action plan may public and shall be notified to the then be made public and be notified to the European Commission. European Commission.

Or. en

PE692.765v02-00 276/443 AM\1231713EN.docx EN Amendment 537 Jessica Polfjärd, Sara Skyttedal, Tomas Tobé, Jörgen Warborn, Arba Kokalari, David Lega

Proposal for a directive Article 4 – paragraph 2

Text proposed by the Commission Amendment

2. Member States where collective 2. Member States where collective bargaining coverage is less than 70% of the bargaining coverage is less than 70% of the workers defined within the meaning of workers defined within the meaning of Article 2 shall in addition provide for a Article 2 may in addition provide for a framework of enabling conditions for framework of enabling conditions for collective bargaining, either by law after collective bargaining, either by law after consultation of the social partners or by consultation of the social partners or by agreement with them, and shall establish agreement with them, and may establish an an action plan to promote collective action plan to promote collective bargaining. The action plan shall be made bargaining. The action plan may be made public and shall be notified to the public. European Commission.

Or. en

Amendment 538 Johan Danielsson, Heléne Fritzon, Marianne Vind

Proposal for a directive Article 4 – paragraph 2

Text proposed by the Commission Amendment

2. Member States where collective 2. Member States where the overall bargaining coverage is less than 70% of the collective bargaining coverage is less than workers defined within the meaning of 70% of the workers defined within the Article 2 shall in addition provide for a meaning of Article 2 shall in addition framework of enabling conditions for provide for a framework of enabling collective bargaining, either by law after conditions for collective bargaining, either consultation of the social partners or by by law after consultation of the social agreement with them, and shall establish an partners or by agreement with them, and action plan to promote collective shall establish an action plan to promote bargaining. The action plan shall be made collective bargaining. The action plan shall public and shall be notified to the European be made public and shall be notified to the Commission. European Commission.

Or. en

AM\1231713EN.docx 277/443 PE692.765v02-00 EN Amendment 539 Daniela Rondinelli, Chiara Gemma

Proposal for a directive Article 4 – paragraph 2 a (new)

Text proposed by the Commission Amendment

2a. In order to ensure proper conditions for collective bargaining, Member States shall at least ensure that: a) trade unions have access to workplaces for the purpose of organising, negotiating on behalf of or representing workers; b) acts aiming to undermine collective bargaining or collective agreements that are signed by the most representative trade unions are prevented and prohibited; c) there is effective prevention and protection from discrimination of workers and trade union representatives who participate or wish to participate in collective bargaining; d) there are effective measures, actions and sanctions to prevent, combat and discourage non-compliance with collective agreements throughout the subcontracting chain.

Or. it

Amendment 540 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Article 4 – paragraph 2 a (new)

Text proposed by the Commission Amendment

2a. In order to ensure proper conditions for collective bargaining, Member States shall at least ensure that:

PE692.765v02-00 278/443 AM\1231713EN.docx EN (a) trade unions have access to workplaces for the purpose of organising, negotiating on behalf of or representing workers; (b) acts aiming to undermine collective bargaining or collective agreements that are signed by the most representative trade unions are prevented and prohibited; (c) there is effective prevention and protection from discrimination of workers and trade union representatives who participate or wish to participate in collective bargaining; (d) effective measures are in place to prevent the non-respect of sectoral collective agreements along the sub- contracting chains;

Or. en

Amendment 541 Johan Danielsson, Heléne Fritzon, Marianne Vind

Proposal for a directive Article 4 – paragraph 2 a (new)

Text proposed by the Commission Amendment

2a. If the collective bargaining coverage falls below less than 70 % in a Member State where minimum wage protection is ensured exclusively via collective agreements the Member State shall encourage the social partners to assess whether the existing enabling conditions for collective bargaining are sufficient and to draw up an action plan to increase collective bargaining coverage.

Or. en

AM\1231713EN.docx 279/443 PE692.765v02-00 EN Amendment 542 Radan Kanev

Proposal for a directive Article 4 – paragraph 2 a (new)

Text proposed by the Commission Amendment

2a. New forms of collective bargaining are promoted and duly regulated, allowing for the expansion of collective agreement protection to non-standard workers and their effective participation in the social dialogue.

Or. en

Amendment 543 Milan Brglez, Gabriele Bischoff

Proposal for a directive Article 4 – paragraph 2 a – point d (new)

Text proposed by the Commission Amendment

(d) there is effective prevention of respecting applicable collective agreements along sub-contracting chains.

Or. en

Amendment 544 Marc Angel

Proposal for a directive Article 4 – paragraph 2 a (new)

Text proposed by the Commission Amendment

2a. there is effective prevention of respecting applicable collective agreements along subcontracting chains

Or. en

PE692.765v02-00 280/443 AM\1231713EN.docx EN Amendment 545 Daniela Rondinelli, Chiara Gemma

Proposal for a directive Article 4 – paragraph 2 b (new)

Text proposed by the Commission Amendment

2b. The action plan referred to in paragraph 2 shall aim to increase the collective bargaining coverage with regard to remuneration, progressively reaching the minimum quota of 90% of workers for those Member States that already have a minimum wage and 100% for those that do not. The Commission shall monitor progress and shall submit information to the European Parliament and to the Council at least annually in that regard. Where necessary, the Member State concerned shall consult social partners with a view to updating the national action plan.

Or. it

Amendment 546 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Article 4 – paragraph 2 b (new)

Text proposed by the Commission Amendment

2b. The action plan referred to in paragraph 2 shall have the effect of increasing the collective bargaining coverage with regard to remuneration to progressively reach 70 %. The Commission shall monitor progress and shall submit information to the European Parliament and to the Council at least annually in that regard. Where necessary, the Member States concerned shall consult social partners with a view to

AM\1231713EN.docx 281/443 PE692.765v02-00 EN updating the national action plan.

Or. en

Amendment 547 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Article 4 – paragraph 2 c (new)

Text proposed by the Commission Amendment

2c. For the action plans Member States can consider provisions such as: - preventing acts of anti-union discrimination such as excessive procedural requirements - providing for or strengthening extension mechanisms for collective agreements concluded at sectorial or cross-industrial level in cooperation with the social partners - measures on pay rate commitment - measures for joint and several liability also in the subcontracting chains

Or. en

Justification

pay rate commitments - the commitment that companies which are providing services etc. for the public administration pay salaries based on collective agreements

Amendment 548 Peter Lundgren

Proposal for a directive Article 5

Text proposed by the Commission Amendment

Article 5 deleted Adequacy

PE692.765v02-00 282/443 AM\1231713EN.docx EN 1. Member States with statutory minimum wages shall take the necessary measures to ensure that the setting and updating of statutory minimum wages are guided by criteria set to promote adequacy with the aim to achieve decent working and living conditions, social cohesion and upward convergence. Member States shall define those criteria in accordance with their national practices, either in relevant national legislation, in decisions of the competent bodies or in tripartite agreements. The criteria shall be defined in a stable and clear way. 2. The national criteria referred to in paragraph 1 shall include at least the following elements: (a) the purchasing power of statutory minimum wages, taking into account the cost of living and the contribution of taxes and social benefits; (b) the general level of gross wages and their distribution; (c) the growth rate of gross wages; (d) labour productivity developments. 3. Member States shall use indicative reference values to guide their assessment of adequacy of statutory minimum wages in relation to the general level of gross wages, such as those commonly used at international level. 4. Member States shall take the necessary measures to ensure the regular and timely updates of statutory minimum wages in order to preserve their adequacy. 5. Member States shall establish consultative bodies to advise the competent authorities on issues related to statutory minimum wages.

Or. en

AM\1231713EN.docx 283/443 PE692.765v02-00 EN Amendment 549 Monica Semedo, Atidzhe Alieva-Veli, Abir Al-Sahlani, Jordi Cañas, Samira Rafaela, Dragoș Pîslaru

Proposal for a directive Article 5 – title

Text proposed by the Commission Amendment

Adequacy Adequacy of statutory minimum wages

Or. en

Amendment 550 Gheorghe Falcă, Eugen Tomac, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu Winkler, Daniel Buda, Vasile Blaga, Siegfried Mureşan, Ioan-Rareş Bogdan, Loránt Vincze, Cristian-Silviu Buşoi

Proposal for a directive Article 5 – title

Text proposed by the Commission Amendment

Adequacy Statutory minimum wages system

Or. en

Amendment 551 Jeroen Lenaers, Miriam Lexmann

Proposal for a directive Article 5 – title

Text proposed by the Commission Amendment

Adequacy Promotion of adequacy

Or. en

Amendment 552 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

PE692.765v02-00 284/443 AM\1231713EN.docx EN Proposal for a directive Article 5 – title

Text proposed by the Commission Amendment

Adequacy Adequacy and decency

Or. en

Amendment 553 Sandra Pereira, José Gusmão

Proposal for a directive Article 5 – title

Text proposed by the Commission Amendment

Adequacy Updating

Or. pt

Amendment 554 Daniela Rondinelli, Chiara Gemma

Proposal for a directive Article 5 – paragraph 1

Text proposed by the Commission Amendment

1. Member States with statutory 1. Member States with statutory minimum wages shall take the necessary minimum wages shall take the necessary measures to ensure that the setting and measures to ensure that the setting and updating of statutory minimum wages are updating of statutory minimum wages are guided by criteria set to promote adequacy guided by criteria to ensure adequacy and with the aim to achieve decent working fairness with the aim of improving and living conditions, social cohesion and working and living conditions, social upward convergence. Member States shall protection, social cohesion and upward define those criteria in accordance with convergence, as well as preventing and their national practices, either in relevant reducing poverty. Member States shall national legislation, in decisions of the define those criteria in accordance with competent bodies or in tripartite their national practices, either in relevant agreements. The criteria shall be defined in national legislation, in decisions of the a stable and clear way. competent bodies or in tripartite agreements. The criteria shall be defined in a stable and clear way, apply the principle

AM\1231713EN.docx 285/443 PE692.765v02-00 EN of equal treatment and ensure the setting of the minimum wage above the relative poverty level, so as to ensure that all workers and their families have an adequate standard of living, access to basic goods and services, and protection against unforeseen shocks, ensuring full participation in economic and social life.

Or. it

Amendment 555 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 5 – paragraph 1

Text proposed by the Commission Amendment

1. Member States with statutory 1. Member States with statutory minimum wages shall take the necessary minimum wages shall take the necessary measures to ensure that the setting and measures to ensure that the setting and updating of statutory minimum wages are updating of statutory minimum wages guided by criteria set to promote adequacy contribute to combating poverty, with the aim to achieve decent working and promoting social cohesion, and reducing living conditions, social cohesion and wage and gender inequality and are upward convergence. Member States shall guided by criteria set to promote adequacy define those criteria in accordance with with the aim to achieve decent working and their national practices, either in relevant living conditions in all regions and urban national legislation, in decisions of the areas for workers and their families, competent bodies or in tripartite social cohesion and upward convergence. agreements. The criteria shall be defined in Member States shall define those criteria in a stable and clear way. accordance with their national and regional practices, either in relevant national legislation, in decisions of the competent bodies or in tripartite agreements. The criteria shall be defined in a clear way.

Or. en

Amendment 556 Krzysztof Hetman, Jarosław Duda, Sara Skyttedal, Romana Tomc

PE692.765v02-00 286/443 AM\1231713EN.docx EN Proposal for a directive Article 5 – paragraph 1

Text proposed by the Commission Amendment

1. Member States with statutory 1. Member States with statutory minimum wages shall take the necessary minimum wages shall take the necessary measures to ensure that the setting and measures to ensure that the setting and updating of statutory minimum wages are updating of statutory minimum wages are guided by criteria set to promote adequacy guided by criteria set to promote adequacy, with the aim to achieve decent working and taking into account local specificities and living conditions, social cohesion and in such a way that they do not disturb the upward convergence. Member States shall economic balance and competitiveness, define those criteria in accordance with with the aim to achieve decent working and their national practices, either in relevant living conditions, social cohesion and national legislation, in decisions of the upward convergence. Member States shall competent bodies or in tripartite define those criteria in accordance with agreements. The criteria shall be defined in their national practices, either in relevant a stable and clear way. national legislation, in decisions of the competent bodies or in tripartite agreements. The criteria shall be defined in a stable and clear way.

Or. en

Amendment 557 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Article 5 – paragraph 1

Text proposed by the Commission Amendment

1. Member States with statutory 1. Member States with statutory minimum wages shall take the necessary minimum wages shall take the necessary measures to ensure that the setting and measures to ensure that the setting and updating of statutory minimum wages are updating of statutory minimum wages are guided by criteria set to promote adequacy guided by criteria to ensure adequacy and with the aim to achieve decent working decency with the aim of improving and living conditions, social cohesion and working and living conditions, social upward convergence. Member States shall protection, social cohesion and upward define those criteria in accordance with convergence. as well as preventing and their national practices, either in relevant reducing poverty, in particular in-work national legislation, in decisions of the poverty. Member States shall define those competent bodies or in tripartite criteria in accordance with their national agreements. The criteria shall be defined in practices, either in relevant national legislation, in decisions of the competent

AM\1231713EN.docx 287/443 PE692.765v02-00 EN a stable and clear way. bodies or in tripartite agreements. The criteria shall be defined in a clear way.

Or. en

Amendment 558 Monica Semedo, Atidzhe Alieva-Veli, Abir Al-Sahlani, Jordi Cañas, Samira Rafaela, Dragoș Pîslaru

Proposal for a directive Article 5 – paragraph 1

Text proposed by the Commission Amendment

1. Member States with statutory 1. Member States with statutory minimum wages shall take the necessary minimum wages shall take the necessary measures to ensure that the setting and measures to ensure that their setting and updating of statutory minimum wages are updating of statutory minimum wages are guided by criteria set to promote adequacy guided by criteria set to promote adequacy with the aim to achieve decent working and with the aim to achieve decent working and living conditions, social cohesion and living conditions, social cohesion and upward convergence. Member States shall upward convergence and prevent and define those criteria in accordance with combat in-work poverty. Member States their national practices, either in relevant shall define those criteria in accordance national legislation, in decisions of the with their national practices and socio- competent bodies or in tripartite economic conditions, either in relevant agreements. The criteria shall be defined in national legislation, in decisions of the a stable and clear way. competent bodies or in tripartite agreements. The criteria shall be defined in a stable and clear way.

Or. en

Amendment 559 Cindy Franssen

Proposal for a directive Article 5 – paragraph 1

Text proposed by the Commission Amendment

1. Member States with statutory 1. Member States with statutory minimum wages shall take the necessary minimum wages, that are not the measures to ensure that the setting and conclusions of prior collective bargaining, updating of statutory minimum wages are shall take the necessary measures to ensure

PE692.765v02-00 288/443 AM\1231713EN.docx EN guided by criteria set to promote adequacy that the setting and updating of statutory with the aim to achieve decent working and minimum wages are guided by criteria set living conditions, social cohesion and to promote adequacy with the aim to upward convergence. Member States shall achieve decent working and living define those criteria in accordance with conditions, social cohesion and upward their national practices, either in relevant convergence. Member States shall define national legislation, in decisions of the those criteria in accordance with their competent bodies or in tripartite national practices, either in relevant agreements. The criteria shall be defined in national legislation, in decisions of the a stable and clear way. competent bodies or in tripartite agreements. The criteria shall be defined in a stable and clear way.

Or. en

Amendment 560 Elena Lizzi, Stefania Zambelli

Proposal for a directive Article 5 – paragraph 1

Text proposed by the Commission Amendment

1. Member States with statutory 1. Member States with statutory minimum wages shall take the necessary minimum wages when this Directive measures to ensure that the setting and enters into force shall take the necessary updating of statutory minimum wages are measures to ensure that the setting and guided by criteria set to promote adequacy updating of statutory minimum wages are with the aim to achieve decent working and guided by criteria set to promote adequacy living conditions, social cohesion and with the aim to achieve decent working and upward convergence. Member States shall living conditions, social cohesion and define those criteria in accordance with upward convergence. Member States shall their national practices, either in relevant define those criteria in accordance with national legislation, in decisions of the their national practices, either in relevant competent bodies or in tripartite national legislation, in decisions of the agreements. The criteria shall be defined in competent bodies or in tripartite a stable and clear way. agreements. The criteria shall be defined in a stable and clear way.

Or. it

Amendment 561 Sylvie Brunet, Marie-Pierre Vedrenne, Véronique Trillet-Lenoir, Stéphane Bijoux, Ilana Cicurel, Samira Rafaela, Anna Júlia Donáth, Yana Toom

AM\1231713EN.docx 289/443 PE692.765v02-00 EN Proposal for a directive Article 5 – paragraph 1

Text proposed by the Commission Amendment

1. Member States with statutory 1. Member States with statutory minimum wages shall take the necessary minimum wages shall take the necessary measures to ensure that the setting and measures to ensure that the setting and updating of statutory minimum wages are updating of statutory minimum wages are guided by criteria set to promote adequacy guided by criteria set to promote adequacy with the aim to achieve decent working and with the aim to achieve decent working and living conditions, social cohesion and living conditions, social cohesion and upward convergence. Member States shall upward convergence and prevent and define those criteria in accordance with combat in-work poverty . Member States their national practices, either in relevant shall define those criteria in accordance national legislation, in decisions of the with their national practices, either in competent bodies or in tripartite relevant national legislation, in decisions of agreements. The criteria shall be defined in the competent bodies or in tripartite a stable and clear way. agreements. The criteria shall be defined in a stable and clear way.

Or. en

Amendment 562 Lukas Mandl

Proposal for a directive Article 5 – paragraph 1

Text proposed by the Commission Amendment

1. Member States with statutory 1. Member States with statutory minimum wages shall take the necessary minimum wages shall take the necessary measures to ensure that the setting and measures according to national customs updating of statutory minimum wages are and laws to ensure that the setting and guided by criteria set to promote adequacy updating of statutory minimum wages are with the aim to achieve decent working and guided by criteria set to promote adequacy living conditions, social cohesion and with the aim to achieve decent working and upward convergence. Member States shall living conditions, social cohesion and define those criteria in accordance with upward convergence. Member States shall their national practices, either in relevant define those criteria in accordance with national legislation, in decisions of the their national practices, either in relevant competent bodies or in tripartite national legislation, in decisions of the agreements. The criteria shall be defined in competent bodies or in tripartite a stable and clear way. agreements. The criteria shall be defined in a stable and clear way.

PE692.765v02-00 290/443 AM\1231713EN.docx EN Or. en

Amendment 563 Gheorghe Falcă, Eugen Tomac, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu Winkler, Daniel Buda, Vasile Blaga, Siegfried Mureşan, Ioan-Rareş Bogdan, Loránt Vincze, Cristian-Silviu Buşoi

Proposal for a directive Article 5 – paragraph 1

Text proposed by the Commission Amendment

1. Member States with statutory 1. Member States with statutory minimum wages shall take the necessary minimum wages shall establish the measures to ensure that the setting and necessary framework for setting and updating of statutory minimum wages are updating of statutory minimum wages. guided by criteria set to promote adequacy Such setting and updating shall be guided with the aim to achieve decent working by criteria set to promote and achieve and living conditions, social cohesion and decent working and living conditions, upward convergence. Member States shall social cohesion and upward convergence. define those criteria in accordance with Member States shall define those criteria in their national practices, either in relevant accordance with their national practices, national legislation, in decisions of the either in relevant national legislation, in competent bodies or in tripartite decisions of the competent bodies or in agreements. The criteria shall be defined in tripartite agreements. The criteria shall be a stable and clear way. defined in a stable and clear way.

Or. en

Amendment 564 Maria Walsh, Seán Kelly, Jeroen Lenaers

Proposal for a directive Article 5 – paragraph 1

Text proposed by the Commission Amendment

AM\1231713EN.docx 291/443 PE692.765v02-00 EN define those criteria in accordance with convergence and a high level of their national practices, either in relevant employment. Member States shall define national legislation, in decisions of the those criteria whilst fully respecting the competent bodies or in tripartite diversity of national wage setting systems. agreements. The criteria shall be defined in The criteria shall be defined in a stable and a stable and clear way. clear way.

Or. en

Amendment 565 Anne Sander

Proposal for a directive Article 5 – paragraph 1

Text proposed by the Commission Amendment

1. Member States with statutory 1. Member States with statutory minimum wages shall take the necessary minimum wages shall establish a measures to ensure that the setting and framework to ensure that the setting and updating of statutory minimum wages are updating of statutory minimum wages are guided by criteria set to promote adequacy guided by criteria set to promote adequacy with the aim to achieve decent working and with the aim to achieve decent working and living conditions, social cohesion and living conditions, social cohesion and upward convergence. Member States shall upward convergence. Member States shall define those criteria in accordance with define those criteria in accordance with their national practices, either in relevant their national practices, either in relevant national legislation, in decisions of the national legislation, in decisions of the competent bodies or in tripartite competent bodies or in tripartite agreements. The criteria shall be defined in agreements. The criteria shall be defined in a stable and clear way. a stable and clear way.

Or. fr

Amendment 566 Peter Lundgren

Proposal for a directive Article 5 – paragraph 2

Text proposed by the Commission Amendment

2. The national criteria referred to in deleted paragraph 1 shall include at least the

PE692.765v02-00 292/443 AM\1231713EN.docx EN following elements: (a) the purchasing power of statutory minimum wages, taking into account the cost of living and the contribution of taxes and social benefits; (b) the general level of gross wages and their distribution; (c) the growth rate of gross wages; (d) labour productivity developments.

Or. en

Amendment 567 Anne Sander

Proposal for a directive Article 5 – paragraph 2 – introductory part

Text proposed by the Commission Amendment

2. The national criteria referred to in 2. The national criteria referred to in paragraph 1 shall include at least the paragraph 1 may include the following following elements: criteria, with their relative weight and relevance being decided by each Member State based on its national socio-economic conditions:

Or. fr

Amendment 568 Maria Walsh, Seán Kelly, Sara Skyttedal, Jeroen Lenaers

Proposal for a directive Article 5 – paragraph 2 – introductory part

Text proposed by the Commission Amendment

2. The national criteria referred to in 2. The national criteria referred to in paragraph 1 shall include at least the paragraph 1 may take amongst others the following elements: following elements into account, whose relevance and relative weight may be decided by Member States in accordance with their prevailing national socio-

AM\1231713EN.docx 293/443 PE692.765v02-00 EN economic conditions:

Or. en

Amendment 569 Johan Danielsson, Heléne Fritzon, Marianne Vind

Proposal for a directive Article 5 – paragraph 2 – introductory part

Text proposed by the Commission Amendment

2. The national criteria referred to in 2. The national criteria referred to in paragraph 1 shall include at least the paragraph 1 shall include at least the following elements: following elements, whose relevance and relative weight may be decided by Member States in accordance with their prevailing national socio-economic conditions:

Or. en

Amendment 570 Jeroen Lenaers, Miriam Lexmann

Proposal for a directive Article 5 – paragraph 2 – introductory part

Text proposed by the Commission Amendment

2. The national criteria referred to in 2. The national criteria referred to in paragraph 1 shall include at least the paragraph 1 shall include at least the following elements: following elements whose relevance and relative weight may be decided by Member States in accordance with their prevailing national socio-economic conditions:

Or. en

Amendment 571 Jessica Polfjärd, Sara Skyttedal, Henna Virkkunen

Proposal for a directive Article 5 – paragraph 2 – introductory part

PE692.765v02-00 294/443 AM\1231713EN.docx EN Text proposed by the Commission Amendment

2. The national criteria referred to in 2. The national criteria referred to in paragraph 1 shall include at least the paragraph 1 can include at least the following elements: following elements whose relevance and relative weight may be decided by Member States in accordance with their prevailing national socio-economic conditions

Or. en

Justification

Such addition is to avoid uncertainties as to the nature of the obligations and the corresponding leeway left to Member States with regards to the outcome of the wage setting process.

Amendment 572 Gheorghe Falcă, Eugen Tomac, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu Winkler, Daniel Buda, Vasile Blaga, Siegfried Mureşan, Ioan-Rareş Bogdan, Loránt Vincze, Cristian-Silviu Buşoi

Proposal for a directive Article 5 – paragraph 2 – introductory part

Text proposed by the Commission Amendment

2. The national criteria referred to in 2. The national criteria referred to in paragraph 1 shall include at least the paragraph 1 may include some of the following elements: following elements, whose relevance may be decided by Member States in accordance with their prevailing national socio-economic conditions:

Or. en

Amendment 573 Abir Al-Sahlani, Dragoș Pîslaru, Nicola Beer, Svenja Hahn, Andreas Glück, Moritz Körner, Jan-Christoph Oetjen, Ulrike Müller, Engin Eroglu, Karen Melchior, Morten Løkkegaard, Linea Søgaard-Lidell, Asger Christensen, Søren Gade, Andrus Ansip, Karin Karlsbro, Martina Dlabajová, Dita Charanzová, Martin Hlaváček, Ondřej Knotek, Ondřej Kovařík, Bart Groothuis, Caroline Nagtegaal, Malik Azmani, Jan Huitema, Liesje Schreinemacher

AM\1231713EN.docx 295/443 PE692.765v02-00 EN Proposal for a directive Article 5 – paragraph 2 – introductory part

Text proposed by the Commission Amendment

2. The national criteria referred to in 2. The national criteria referred to in paragraph 1 shall include at least the paragraph 1 whose relevance and relative following elements: weight shall be decided by Member States in accordance with their prevailing national socio-economic conditions:

Or. en

Amendment 574 Monica Semedo, Atidzhe Alieva-Veli, Abir Al-Sahlani, Jordi Cañas, Samira Rafaela

Proposal for a directive Article 5 – paragraph 2 – introductory part

Text proposed by the Commission Amendment

2. The national criteria referred to in 2. The national criteria referred to in paragraph 1 shall include at least the paragraph 1 shall include at least the following elements: following elements whose relative weight shall be decided by Member States:

Or. en

Amendment 575 Anna Zalewska, Elżbieta Rafalska, Beata Szydło

Proposal for a directive Article 5 – paragraph 2 – introductory part

Text proposed by the Commission Amendment

2. The national criteria referred to in 2. The national criteria referred to in paragraph 1 shall include at least the paragraph 1 may include at least the following elements: following two elements:

Or. pl

PE692.765v02-00 296/443 AM\1231713EN.docx EN Amendment 576 Lucia Ďuriš Nicholsonová

Proposal for a directive Article 5 – paragraph 2 – introductory part

Text proposed by the Commission Amendment

2. The national criteria referred to in 2. The national criteria referred to in paragraph 1 shall include at least the paragraph 1 may also include the following following elements: elements:

Or. en

Justification

Amendment 577 Peter Lundgren

Proposal for a directive Article 5 – paragraph 2 – point a

Text proposed by the Commission Amendment

(a) the purchasing power of statutory deleted minimum wages, taking into account the cost of living and the contribution of taxes and social benefits;

Or. en

Amendment 578 Leila Chaibi, Manon Aubry, Manuel Bompard, Emmanuel Maurel, Younous Omarjee, Anne-Sophie Pelletier, Eugenia Rodríguez Palop, José Gusmão

Proposal for a directive Article 5 – paragraph 2 – point a

Text proposed by the Commission Amendment

(a) the purchasing power of statutory (a) the purchasing power of statutory

AM\1231713EN.docx 297/443 PE692.765v02-00 EN minimum wages, taking into account the minimum wages, taking into account the cost of living and the contribution of taxes cost of living and the contribution of taxes and social benefits; and social benefits; Member States shall assess whether their minimum wage is decent based on a basket of essential goods and services, including food, accommodation (including water and electricity), travel, education, culture, health, clothing and communication costs, and based on the characteristics of workers’ families, and shall adapt their minimum wage level accordingly;

Or. fr

Amendment 579 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 5 – paragraph 2 – point a

Text proposed by the Commission Amendment

(a) the purchasing power of statutory (a) the purchasing power of statutory minimum wages, taking into account the minimum wages, taking into account the cost of living and the contribution of taxes cost of living, which shall include, but not and social benefits; be 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; and the contribution of taxes and social benefits with the objective of systematically adjusting to inflation;

Or. en

Amendment 580 Gheorghe Falcă, Eugen Tomac, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu Winkler, Daniel Buda, Vasile Blaga, Siegfried Mureşan, Ioan-Rareş Bogdan, Loránt Vincze, Cristian-Silviu Buşoi

PE692.765v02-00 298/443 AM\1231713EN.docx EN Proposal for a directive Article 5 – paragraph 2 – point a

Text proposed by the Commission Amendment

(a) the purchasing power of statutory (a) the purchasing power of statutory minimum wages, taking into account the minimum wages; cost of living and the contribution of taxes and social benefits;

Or. en

Amendment 581 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Article 5 – paragraph 2 – point a

Text proposed by the Commission Amendment

Or. en

Amendment 582 Jeroen Lenaers, Miriam Lexmann

Proposal for a directive Article 5 – paragraph 2 – point a

Text proposed by the Commission Amendment

Or. en

AM\1231713EN.docx 299/443 PE692.765v02-00 EN Amendment 583 Radan Kanev

Proposal for a directive Article 5 – paragraph 2 – point a

Text proposed by the Commission Amendment

Or. en

Amendment 584 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis

Proposal for a directive Article 5 – paragraph 2 – point a a (new)

Text proposed by the Commission Amendment

(aa) An adequate and decent minimum wage which cannot be below 60% of the gross median wage and 50% of the gross average wage.

Or. en

Amendment 585 Peter Lundgren

Proposal for a directive Article 5 – paragraph 2 – point b

Text proposed by the Commission Amendment

(b) the general level of gross wages deleted and their distribution;

Or. en

PE692.765v02-00 300/443 AM\1231713EN.docx EN Amendment 586 Sandra Pereira, José Gusmão

Proposal for a directive Article 5 – paragraph 2 – point b

Text proposed by the Commission Amendment

(b) the general level of gross wages deleted and their distribution;

Or. pt

Amendment 587 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 5 – paragraph 2 – point b

Text proposed by the Commission Amendment

(b) the general level of gross wages (b) the general level of gross wages and their distribution; and their distribution with the objective of reducing social and gender inequalities;

Or. en

Amendment 588 Stelios Kympouropoulos

Proposal for a directive Article 5 – paragraph 2 – point b

Text proposed by the Commission Amendment

(b) the general level of gross wages (b) the general level of total labour and their distribution; cost and their distribution;

Or. en

Amendment 589 Gheorghe Falcă, Eugen Tomac, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu

AM\1231713EN.docx 301/443 PE692.765v02-00 EN Winkler, Daniel Buda, Vasile Blaga, Siegfried Mureşan, Loránt Vincze, Cristian-Silviu Buşoi

Proposal for a directive Article 5 – paragraph 2 – point b

Text proposed by the Commission Amendment

(b) the general level of gross wages (b) the general level of gross wages; and their distribution;

Or. en

Amendment 590 Sandra Pereira, José Gusmão

Proposal for a directive Article 5 – paragraph 2 – point c

Text proposed by the Commission Amendment

Or. pt

Amendment 591 Peter Lundgren

Proposal for a directive Article 5 – paragraph 2 – point c

Text proposed by the Commission Amendment

Or. en

Amendment 592 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 5 – paragraph 2 – point c

PE692.765v02-00 302/443 AM\1231713EN.docx EN Text proposed by the Commission Amendment

Or. en

Amendment 593 Stelios Kympouropoulos

Proposal for a directive Article 5 – paragraph 2 – point c

Text proposed by the Commission Amendment

Or. en

Amendment 594 Sylvie Brunet, Marie-Pierre Vedrenne, Véronique Trillet-Lenoir, Stéphane Bijoux, Ilana Cicurel, Samira Rafaela, Yana Toom

Proposal for a directive Article 5 – paragraph 2 – point d

Text proposed by the Commission Amendment

(d) labour productivity developments. deleted

Or. en

Amendment 595 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 5 – paragraph 2 – point d

AM\1231713EN.docx 303/443 PE692.765v02-00 EN Text proposed by the Commission Amendment

(d) labour productivity developments. deleted

Or. en

Amendment 596 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Article 5 – paragraph 2 – point d

Text proposed by the Commission Amendment

(d) labour productivity developments. deleted

Or. en

Amendment 597 Peter Lundgren

Proposal for a directive Article 5 – paragraph 2 – point d

Text proposed by the Commission Amendment

(d) labour productivity developments. deleted

Or. en

Amendment 598 Johan Danielsson, Heléne Fritzon, Marianne Vind

Proposal for a directive Article 5 – paragraph 2 – point d

Text proposed by the Commission Amendment

(d) labour productivity developments. deleted

Or. en

PE692.765v02-00 304/443 AM\1231713EN.docx EN Amendment 599 Jeroen Lenaers, Miriam Lexmann

Proposal for a directive Article 5 – paragraph 2 – point d

Text proposed by the Commission Amendment

(d) labour productivity developments. deleted

Or. en

Amendment 600 Monica Semedo, Atidzhe Alieva-Veli, Dragoș Pîslaru

Proposal for a directive Article 5 – paragraph 2 – point d

Text proposed by the Commission Amendment

(d) labour productivity developments. (d) the requirements of economic development, national labour productivity levels and attaining and maintaining a high level of employment.

Or. en

Amendment 601 Gheorghe Falcă, Eugen Tomac, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu Winkler, Daniel Buda, Vasile Blaga, Siegfried Mureşan, Ioan-Rareş Bogdan, Loránt Vincze, Cristian-Silviu Buşoi

Proposal for a directive Article 5 – paragraph 2 – point d

Text proposed by the Commission Amendment

(d) labour productivity developments. (d) labour productivity levels and developments.

Or. en

AM\1231713EN.docx 305/443 PE692.765v02-00 EN Amendment 602 Sandra Pereira, José Gusmão

Proposal for a directive Article 5 – paragraph 2 – point d

Text proposed by the Commission Amendment

(d) labour productivity developments. (d) the development of workers’ needs.

Or. pt

Amendment 603 Elena Lizzi, Stefania Zambelli

Proposal for a directive Article 5 – paragraph 2 – point d

Text proposed by the Commission Amendment

d) labour productivity developments. d) competitiveness.

Or. it

Amendment 604 Sandra Pereira, José Gusmão

Proposal for a directive Article 5 – paragraph 2 – point d a (new)

Text proposed by the Commission Amendment

(da) the unequal distribution of wealth between employers and workers by setting targets for a rebalancing towards workers;

Or. pt

Amendment 605 Mounir Satouri on behalf of the Greens/EFA Group

PE692.765v02-00 306/443 AM\1231713EN.docx EN Proposal for a directive Article 5 – paragraph 2 – point d a (new)

Text proposed by the Commission Amendment

(da) (new) the at-risk-of-poverty rate before social transfers with the objective of decreasing the at-risk-of-poverty rate of the population;

Or. en

Amendment 606 Stelios Kympouropoulos

Proposal for a directive Article 5 – paragraph 2 – point d a (new)

Text proposed by the Commission Amendment

(da) competitiveness and job creation.

Or. en

Amendment 607 Anne Sander

Proposal for a directive Article 5 – paragraph 2 – point d a (new)

Text proposed by the Commission Amendment

(da) competitiveness.

Or. fr

Amendment 608 Anna Zalewska, Elżbieta Rafalska, Beata Szydło

Proposal for a directive Article 5 – paragraph 2 – point d a (new)

AM\1231713EN.docx 307/443 PE692.765v02-00 EN Text proposed by the Commission Amendment

(da) inflation;

Or. pl

Amendment 609 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 5 – paragraph 2 – point d b (new)

Text proposed by the Commission Amendment

(db) (new) in-work-poverty-rate, with the objective of eradicating in-work poverty;

Or. en

Amendment 610 Sandra Pereira, José Gusmão

Proposal for a directive Article 5 – paragraph 2 – point d b (new)

Text proposed by the Commission Amendment

(db) the principle of equal pay for equal work.

Or. pt

Amendment 611 Anna Zalewska, Elżbieta Rafalska, Beata Szydło

Proposal for a directive Article 5 – paragraph 2 – point d b (new)

PE692.765v02-00 308/443 AM\1231713EN.docx EN Text proposed by the Commission Amendment

(db) economic growth;

Or. pl

Amendment 612 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 5 – paragraph 2 – point d c (new)

Text proposed by the Commission Amendment

(dc) (new) the gender pay gap, with the objective of eradicating it;

Or. en

Amendment 613 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 5 – paragraph 2 a (new)

Text proposed by the Commission Amendment

2a. Statutory minimum wages shall under no circumstances fall below 60 per cent of the gross median wage and 50 per cent of the gross average wage.

Or. en

Amendment 614 Sandra Pereira, José Gusmão

Proposal for a directive Article 5 – paragraph 3

AM\1231713EN.docx 309/443 PE692.765v02-00 EN Text proposed by the Commission Amendment

3. Member States shall use indicative deleted reference values to guide their assessment of adequacy of statutory minimum wages in relation to the general level of gross wages, such as those commonly used at international level.

Or. pt

Amendment 615 Peter Lundgren

Proposal for a directive Article 5 – paragraph 3

Text proposed by the Commission Amendment

Or. en

Amendment 616 Gheorghe Falcă, Eugen Tomac, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu Winkler, Daniel Buda, Vasile Blaga, Siegfried Mureşan, Ioan-Rareş Bogdan, Loránt Vincze, Cristian-Silviu Buşoi

Proposal for a directive Article 5 – paragraph 3

Text proposed by the Commission Amendment

PE692.765v02-00 310/443 AM\1231713EN.docx EN Or. en

Amendment 617 Krzysztof Hetman, Jarosław Duda, Sara Skyttedal, Romana Tomc

Proposal for a directive Article 5 – paragraph 3

Text proposed by the Commission Amendment

Or. en

Amendment 618 Radan Kanev

Proposal for a directive Article 5 – paragraph 3

Text proposed by the Commission Amendment

3. Member States shall use indicative 3. Member States shall remain reference values to guide their assessment competent to set the rate of the statutory of adequacy of statutory minimum wages minimum wage and minimum hourly- in relation to the general level of gross based income on national and regional wages, such as those commonly used at level. On the basis of national and/or international level. regional criteria as referred to in paragraph 2, Member States shall establish national and/or regional objectives for the adequacy of the statutory minimum wage and minimum hourly-based income, in order to ensure a decent standard of living for workers. Minimum wages below an indicative reference value of 60% of the gross median wage and 50% of the gross average wage on national or regional level shall be considered to be inadequate.

AM\1231713EN.docx 311/443 PE692.765v02-00 EN Or. en

Amendment 619 Daniela Rondinelli, Chiara Gemma

Proposal for a directive Article 5 – paragraph 3

Text proposed by the Commission Amendment

3. Member States shall use indicative 3. Member States shall remain reference values to guide their assessment competent to set the rate of the statutory of adequacy of statutory minimum wages minimum wage. On the basis of national in relation to the general level of gross criteria as referred to in paragraph 2, wages, such as those commonly used at Member States shall establish national international level. objectives for the adequacy of the statutory minimum wage, in order to ensure a decent standard of living for workers. Minimum wages below an indicative reference value of 60% of the gross median wage and 50% of the gross average wage shall be considered to be inadequate.

Or. it

Amendment 620 Leila Chaibi, Manon Aubry, Manuel Bompard, Emmanuel Maurel, Younous Omarjee, Anne-Sophie Pelletier, José Gusmão

Proposal for a directive Article 5 – paragraph 3

Text proposed by the Commission Amendment

3. Member States shall use indicative 3. Member States shall remain reference values to guide their assessment competent to set the rate of the statutory of adequacy of statutory minimum wages minimum wage. On the basis of national in relation to the general level of gross criteria as referred to in paragraph 2, wages, such as those commonly used at Member States shall establish national international level. objectives for the decency of the statutory minimum wage, in order to ensure a dignified standard of living for workers. Minimum wages below a reference value of 75% of the gross median wage shall be

PE692.765v02-00 312/443 AM\1231713EN.docx EN considered to be indecent and unfair.

Or. fr

Amendment 621 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis

Proposal for a directive Article 5 – paragraph 3

Text proposed by the Commission Amendment

3. Member States shall use indicative 3. Member States shall remain reference values to guide their assessment competent to set the rate of statutory of adequacy of statutory minimum wages minimum wage. On the basis of national in relation to the general level of gross criteria as referred to in paragraph 2, wages, such as those commonly used at Member States shall guarantee the international level. adequacy of the statutory minimum wage, to ensure a decent standard of living for workers. Minimum wages below an indicative reference value of 60% of the gross median wage and 50% of the gross average wage shall be considered to be inadequate.

Or. en

Amendment 622 Maria Walsh, Seán Kelly

Proposal for a directive Article 5 – paragraph 3

Text proposed by the Commission Amendment

3. Member States shall use indicative 3. Member States shall designate reference values to guide their assessment relevant consultative bodies, or establish of adequacy of statutory minimum wages them where they do not exist, to advise the in relation to the general level of gross competent authorities on issues related to wages, such as those commonly used at statutory minimum wages. international level.

Or. en

AM\1231713EN.docx 313/443 PE692.765v02-00 EN Amendment 623 Sylvie Brunet, Marie-Pierre Vedrenne, Véronique Trillet-Lenoir, Stéphane Bijoux, Ilana Cicurel, Yana Toom

Proposal for a directive Article 5 – paragraph 3

Text proposed by the Commission Amendment

3. Member States shall use indicative 3. Member States shall use indicative reference values to guide their assessment reference values to guide their assessment of adequacy of statutory minimum wages of adequacy of statutory minimum wages in relation to the general level of gross in relation to the general level of gross wages, such as those commonly used at wages, such as those commonly used at international level. international level of 60% of the gross median wage and 50% of the gross average wage which can be considered as enabling a decent living.

Or. en

Amendment 624 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 5 – paragraph 3

Text proposed by the Commission Amendment

3. Member States shall use indicative 3. Member States shall use indicative reference values to guide their assessment reference values to guide their assessment of adequacy of statutory minimum wages of adequacy of statutory minimum wages in relation to the general level of gross in relation to the general level of gross wages, such as those commonly used at wages, such as those commonly used at international level. international level in line with Article 4(1) of the European Social Charter

Or. en

Amendment 625 Elena Lizzi, Stefania Zambelli

Proposal for a directive Article 5 – paragraph 3

PE692.765v02-00 314/443 AM\1231713EN.docx EN Text proposed by the Commission Amendment

Or. it

Amendment 626 Anne Sander

Proposal for a directive Article 5 – paragraph 3

Text proposed by the Commission Amendment

3. Member States shall use indicative 3. Member States may use indicative reference values to guide their assessment reference values to guide their assessment of adequacy of statutory minimum wages of adequacy of statutory minimum wages in relation to the general level of gross in relation to the general level of gross wages, such as those commonly used at wages, such as those commonly used at international level. international level for example.

Or. fr

Amendment 627 Monica Semedo, Atidzhe Alieva-Veli, Jordi Cañas, Samira Rafaela, Dragoș Pîslaru

Proposal for a directive Article 5 – paragraph 3

Text proposed by the Commission Amendment

Or. en

AM\1231713EN.docx 315/443 PE692.765v02-00 EN Amendment 628 Lukas Mandl

Proposal for a directive Article 5 – paragraph 3

Text proposed by the Commission Amendment

Or. en

Amendment 629 Jeroen Lenaers, Miriam Lexmann

Proposal for a directive Article 5 – paragraph 3

Text proposed by the Commission Amendment

Or. en

Amendment 630 Leila Chaibi, Manon Aubry, Manuel Bompard, Emmanuel Maurel, Younous Omarjee, Anne-Sophie Pelletier, Eugenia Rodríguez Palop, José Gusmão

Proposal for a directive Article 5 – paragraph 3 a (new)

PE692.765v02-00 316/443 AM\1231713EN.docx EN Text proposed by the Commission Amendment

3a. The Commission shall resume and complete the European Reference Budgets Network pilot project, which aims to develop a common methodology to construct high-quality comparable reference budgets in all EU Member States, and to establish a network of experts for the design and development of complete reference budgets in all EU Member States, in line with this common methodology.

Or. fr

Amendment 631 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão, Leila Chaibi

Proposal for a directive Article 5 – paragraph 3 a (new)

Text proposed by the Commission Amendment

3a. Member States shall take additional provisions into account in case the criteria referred to in paragraph 2 are not sufficient the cover the cost of living such as a basket of goods and services in real prices.

Or. en

Amendment 632 Peter Lundgren

Proposal for a directive Article 5 – paragraph 4

Text proposed by the Commission Amendment

4. Member States shall take the deleted necessary measures to ensure the regular

AM\1231713EN.docx 317/443 PE692.765v02-00 EN and timely updates of statutory minimum wages in order to preserve their adequacy.

Or. en

Amendment 633 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Article 5 – paragraph 4

Text proposed by the Commission Amendment

4. Member States shall take the 4. Member States shall take the necessary measures to ensure the regular necessary measures to ensure the regular and timely updates of statutory minimum and timely updates, of statutory minimum wages in order to preserve their adequacy. wages in order to guarantee and preserve their adequacy. The regular and timely updates will be carried out at least on an annual basis.

Or. en

Amendment 634 Lukas Mandl

Proposal for a directive Article 5 – paragraph 4

Text proposed by the Commission Amendment

4. Member States shall take the 4. Member States shall continue to necessary measures to ensure the regular take the necessary measures according to and timely updates of statutory minimum national practices and laws to ensure the wages in order to preserve their adequacy. regular and timely updates of statutory minimum wages in order to preserve their adequacy.

Or. en

Amendment 635 Sandra Pereira, José Gusmão

PE692.765v02-00 318/443 AM\1231713EN.docx EN Proposal for a directive Article 5 – paragraph 4

Text proposed by the Commission Amendment

4. Member States shall take the 4. Member States shall take the necessary measures to ensure the regular necessary measures to ensure the regular and timely updates of statutory minimum and timely updates of statutory minimum wages in order to preserve their adequacy. wages in order to continue their upward convergence throughout the European Union.

Or. pt

Amendment 636 Daniela Rondinelli, Chiara Gemma

Proposal for a directive Article 5 – paragraph 4

Text proposed by the Commission Amendment

4. Member States shall take the 4. Member States shall take the necessary measures to ensure the regular necessary measures to ensure the regular and timely updates of statutory minimum and timely updates of statutory minimum wages in order to preserve their adequacy. wages, at least annually, in order to ensure and preserve their adequacy.

Or. it

Amendment 637 Monica Semedo, Atidzhe Alieva-Veli, Jordi Cañas, Samira Rafaela, Dragoș Pîslaru

Proposal for a directive Article 5 – paragraph 4

Text proposed by the Commission Amendment

4. Member States shall take the 4. Member States shall take the necessary measures to ensure the regular necessary measures to ensure the regular, and timely updates of statutory minimum transparent and timely updates of statutory wages in order to preserve their adequacy. minimum wages in order to continue to promote their adequacy.

Or. en

AM\1231713EN.docx 319/443 PE692.765v02-00 EN Amendment 638 Sylvie Brunet, Marie-Pierre Vedrenne, Véronique Trillet-Lenoir, Stéphane Bijoux, Ilana Cicurel, Samira Rafaela, Yana Toom

Proposal for a directive Article 5 – paragraph 4

Text proposed by the Commission Amendment

4. Member States shall take the 4. Member States shall take the necessary measures to ensure the regular necessary measures to ensure the regular and timely updates of statutory minimum and timely updates of statutory minimum wages in order to preserve their adequacy. wages in order to preserve and ensure their adequacy.

Or. en

Amendment 639 Johan Danielsson, Heléne Fritzon, Marianne Vind

Proposal for a directive Article 5 – paragraph 4

Text proposed by the Commission Amendment

4. Member States shall take the 4. Member States shall take the necessary measures to ensure the regular necessary measures to ensure the regular and timely updates of statutory minimum and timely updates of statutory minimum wages in order to preserve their adequacy. wages in order to continue promoting their adequacy.

Or. en

Amendment 640 Jeroen Lenaers, Miriam Lexmann

Proposal for a directive Article 5 – paragraph 4

Text proposed by the Commission Amendment

4. Member States shall take the 4. Member States shall take the necessary measures to ensure the regular necessary measures to ensure the regular

PE692.765v02-00 320/443 AM\1231713EN.docx EN and timely updates of statutory minimum and timely updates of statutory minimum wages in order to preserve their adequacy. wages in order to continue promoting their adequacy.

Or. en

Amendment 641 Gheorghe Falcă, Eugen Tomac, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu Winkler, Daniel Buda, Siegfried Mureşan, Ioan-Rareş Bogdan, Loránt Vincze, Cristian- Silviu Buşoi

Proposal for a directive Article 5 – paragraph 4

Text proposed by the Commission Amendment

Or. en

Amendment 642 Stefan Berger, Ralf Seekatz, Markus Ferber, Sven Schulze, Jens Gieseke, Markus Pieper, Angelika Winzig, Sara Skyttedal, Henna Virkkunen, Axel Voss, Tomáš Zdechovský

Proposal for a directive Article 5 – paragraph 4

Text proposed by the Commission Amendment

4. Member States shall take the 4. Member States shall take the necessary measures to ensure the regular necessary measures to ensure the regular and timely updates of statutory minimum and timely updates of statutory minimum wages in order to preserve their adequacy. wages in order to promote their adequacy.

Or. en

Amendment 643 Sara Skyttedal, Jessica Polfjärd, David Lega, Tomas Tobé, Arba Kokalari, Jörgen Warborn

AM\1231713EN.docx 321/443 PE692.765v02-00 EN Proposal for a directive Article 5 – paragraph 4

Text proposed by the Commission Amendment

4. Member States shall take the 4. Member States shall take the necessary measures to ensure the regular necessary measures to ensure the regular and timely updates of statutory minimum and timely updates of statutory minimum wages in order to preserve their adequacy. wages in order to promote their adequacy.

Or. en

Amendment 644 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 5 – paragraph 4

Text proposed by the Commission Amendment

4. Member States shall take the 4. Member States shall take the necessary measures to ensure the regular necessary measures to ensure annual and timely updates of statutory minimum updates of statutory minimum wages in wages in order to preserve their adequacy. order to preserve their adequacy.

Or. en

Amendment 645 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão, Sandra Pereira

Proposal for a directive Article 5 – paragraph 4 a (new)

Text proposed by the Commission Amendment

4a. No measures in this Directive shall be construed or interpreted as imposing or promoting directly or with the indirect effect of a decrease the level of statutory minimum wages, or as preventing Member States from increasing the level of minimum wages.

PE692.765v02-00 322/443 AM\1231713EN.docx EN Or. en

Amendment 646 Brando Benifei, Pierfrancesco Majorino, Elisabetta Gualmini

Proposal for a directive Article 5 – paragraph 4 a (new)

Text proposed by the Commission Amendment

4a. Updates of statutory minimum wages must be without prejudice to any other income support mechanisms, such as State Aid for disadvantaged workers and for workers with disabilities as defined in Regulation No 651/2014 or disability entitlements

Or. en

Amendment 647 Jordi Cañas

Proposal for a directive Article 5 – paragraph 4 a (new)

Text proposed by the Commission Amendment

4a. Updates to statutory minimum wages must be done without prejudice to other income support mechanisms, such as disability allowances or State Aid for disadvantaged workers and workers with disabilities as defined in Regulation No 651/2014.

Or. en

Amendment 648 Daniela Rondinelli, Chiara Gemma

Proposal for a directive Article 5 – paragraph 4 a (new)

AM\1231713EN.docx 323/443 PE692.765v02-00 EN Text proposed by the Commission Amendment

4a. No measure in this Directive shall be construed or interpreted as imposing or promoting a decrease in the level of statutory minimum wages, or as preventing an increase in the level of statutory minimum wages by Member States.

Or. it

Amendment 649 Marc Angel

Proposal for a directive Article 5 – paragraph 4 a (new)

Text proposed by the Commission Amendment

4a. Update of statutory minimum wages must be without prejudice to any other income support mechanisms; such as state aid for disadvantaged workers and workers with disabilities

Or. en

Amendment 650 Stelios Kympouropoulos

Proposal for a directive Article 5 – paragraph 4 a (new)

Text proposed by the Commission Amendment

4a. Updates of minimum wages must be without prejudice to other income support mechanisms, such as disability entitlements and allowances for workers with disabilities.

Or. en

PE692.765v02-00 324/443 AM\1231713EN.docx EN Amendment 651 Anna Zalewska, Elżbieta Rafalska, Beata Szydło

Proposal for a directive Article 5 – paragraph 5

Text proposed by the Commission Amendment

5. Member States shall establish deleted consultative bodies to advise the competent authorities on issues related to statutory minimum wages.

Or. pl

Amendment 652 Peter Lundgren

Proposal for a directive Article 5 – paragraph 5

Text proposed by the Commission Amendment

5. Member States shall establish deleted consultative bodies to advise the competent authorities on issues related to statutory minimum wages.

Or. en

Amendment 653 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Article 5 – paragraph 5

Text proposed by the Commission Amendment

5. Member States shall establish 5. Member States shall establish or consultative bodies to advise the competent designate a consultative body which authorities on issues related to statutory includes the social partners to advise the minimum wages. competent authorities on issues related to statutory minimum wages. That body shall

AM\1231713EN.docx 325/443 PE692.765v02-00 EN have adequate resources to carry out or commission independent research regarding the impact of changes in the minimum wage on workers and business.

Or. en

Amendment 654 Lukas Mandl

Proposal for a directive Article 5 – paragraph 5

Text proposed by the Commission Amendment

5. Member States shall establish 5. As far as necessary Member States consultative bodies to advise the competent shall establish consultative bodies to advise authorities on issues related to statutory the competent authorities on issues related minimum wages. to statutory minimum wages. Where available, the social partners are to be entrusted with this task.

Or. en

Amendment 655 Monica Semedo, Atidzhe Alieva-Veli, Jordi Cañas, Marie-Pierre Vedrenne, Ilana Cicurel, Samira Rafaela, Véronique Trillet-Lenoir, Stéphane Bijoux, Dragoș Pîslaru, Sylvie Brunet

Proposal for a directive Article 5 – paragraph 5

Text proposed by the Commission Amendment

5. Member States shall establish 5. Member States shall designate consultative bodies to advise the competent relevant consultative bodies, or establish authorities on issues related to statutory them where they do not exist, to advise the minimum wages. competent authorities on issues related to statutory minimum wages.

Or. en

PE692.765v02-00 326/443 AM\1231713EN.docx EN Amendment 656 Jeroen Lenaers, Miriam Lexmann

Proposal for a directive Article 5 – paragraph 5

Text proposed by the Commission Amendment

5. Member States shall establish 5. Member States are encouraged to consultative bodies to advise the competent establish or designate consultative bodies authorities on issues related to statutory to advise the competent authorities on minimum wages. issues related to statutory minimum wages, if appropriate.

Or. en

Amendment 657 Margarita de la Pisa Carrión

Proposal for a directive Article 5 – paragraph 5

Text proposed by the Commission Amendment

5. Member States shall establish 5. Member States shall offer advice, consultative bodies to advise the either through the authorities or through competent authorities on issues related to the social partners, on issues related to statutory minimum wages. statutory minimum wages.

Or. es

Amendment 658 Gheorghe Falcă, Eugen Tomac, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu Winkler, Daniel Buda, Vasile Blaga, Siegfried Mureşan, Ioan-Rareş Bogdan, Loránt Vincze, Cristian-Silviu Buşoi

Proposal for a directive Article 5 – paragraph 5

Text proposed by the Commission Amendment

5. Member States shall establish 5. Member States shall ensure that consultative bodies to advise the competent consultative bodies are in place to advise authorities on issues related to statutory the competent authorities on issues related minimum wages. to statutory minimum wages.

AM\1231713EN.docx 327/443 PE692.765v02-00 EN Or. en

Amendment 659 Sandra Pereira, José Gusmão

Proposal for a directive Article 5 – paragraph 5

Text proposed by the Commission Amendment

5. Member States shall establish 5. Member States may establish consultative bodies to advise the competent consultative bodies to advise the competent authorities on issues related to statutory authorities on issues related to statutory minimum wages. minimum wages.

Or. pt

Amendment 660 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Article 5 – paragraph 5 a (new)

Text proposed by the Commission Amendment

5a. Article 5, 6, 7 and 8 shall not apply to collective agreements, including universally applicable collective agreements by law or other binding legal provisions. In Member States with statutory minimum wages and collective agreements it is not allowed to define collective agreements below the statutory minimum wage nor to exclude workers from statutory minimum wage protection.

Or. en

Amendment 661 Stefan Berger, Ralf Seekatz, Markus Ferber, Sven Schulze, Jens Gieseke, Markus Pieper, Angelika Winzig, Sara Skyttedal, Henna Virkkunen, Axel Voss, Tomáš Zdechovský

PE692.765v02-00 328/443 AM\1231713EN.docx EN Proposal for a directive Article 6

Text proposed by the Commission Amendment

Article 6 deleted Variations and deductions 1. Member States may allow different rates of statutory minimum wage for specific groups of workers. Member States shall keep these variations to a minimum, and ensure that any variation is non- discriminatory, proportionate, limited in time if relevant, and objectively and reasonably justified by a legitimate aim. 2. Member States may allow deductions by law that reduce the remuneration paid to workers to a level below that of the statutory minimum wage. Member States shall ensure that these deductions from statutory minimum wages are necessary, objectively justified and proportionate.

Or. en

Amendment 662 Johan Danielsson, Heléne Fritzon, Marianne Vind

Proposal for a directive Article 6

Text proposed by the Commission Amendment

AM\1231713EN.docx 329/443 PE692.765v02-00 EN 2. Member States may allow deductions by law that reduce the remuneration paid to workers to a level below that of the statutory minimum wage. Member States shall ensure that these deductions from statutory minimum wages are necessary, objectively justified and proportionate.

Or. en

Amendment 663 Anne Sander

Proposal for a directive Article 6 – title

Text proposed by the Commission Amendment

Variations and deductions Maintenance of variation and deduction options

Or. fr

Amendment 664 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 6 – title

Text proposed by the Commission Amendment

Variations and deductions Equal treatment and deductions

Or. en

Amendment 665 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Article 6 – title

PE692.765v02-00 330/443 AM\1231713EN.docx EN Text proposed by the Commission Amendment

Variations and deductions Equal treatment

Or. en

Amendment 666 Leila Chaibi, Manon Aubry, Manuel Bompard, Emmanuel Maurel, Younous Omarjee, Anne-Sophie Pelletier, Eugenia Rodríguez Palop, José Gusmão

Proposal for a directive Article 6 – paragraph 1

Text proposed by the Commission Amendment

1. Member States may allow different deleted rates of statutory minimum wage for specific groups of workers. Member States shall keep these variations to a minimum, and ensure that any variation is non- discriminatory, proportionate, limited in time if relevant, and objectively and reasonably justified by a legitimate aim.

Or. fr

Amendment 667 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Article 6 – paragraph 1

Text proposed by the Commission Amendment

Or. en

AM\1231713EN.docx 331/443 PE692.765v02-00 EN Amendment 668 Jordi Cañas

Proposal for a directive Article 6 – paragraph 1

Text proposed by the Commission Amendment

Or. en

Amendment 669 Klára Dobrev

Proposal for a directive Article 6 – paragraph 1

Text proposed by the Commission Amendment

1. Member States may allow different 1. Member States where statutory rates of statutory minimum wage for minimum wage exists shall ensure that all specific groups of workers. Member States workers receive at or above the statutory shall keep these variations to a minimum, minimum wage level. and ensure that any variation is non- discriminatory, proportionate, limited in time if relevant, and objectively and reasonably justified by a legitimate aim.

Or. en

Amendment 670 Sandra Pereira, José Gusmão

Proposal for a directive Article 6 – paragraph 1

PE692.765v02-00 332/443 AM\1231713EN.docx EN Text proposed by the Commission Amendment

1. Member States may allow different 1. A framework of minimum rates of statutory minimum wage for conditions applicable to minimum wages specific groups of workers. Member States shall be established. Additional measures shall keep these variations to a minimum, allowing the application of variations and and ensure that any variation is non- deductions, aside from social discriminatory, proportionate, limited in contributions, shall not be adopted. time if relevant, and objectively and reasonably justified by a legitimate aim.

Or. pt

Amendment 671 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 6 – paragraph 1

Text proposed by the Commission Amendment

1. Member States may allow different 1. Member States shall not allow rates of statutory minimum wage for different rates of statutory minimum wages specific groups of workers. Member States for specific groups of workers and shall shall keep these variations to a minimum, enforce minimum wages in a non- and ensure that any variation is non- discriminatory manner. discriminatory, proportionate, limited in time if relevant, and objectively and reasonably justified by a legitimate aim.

Or. en

Amendment 672 Elena Lizzi, Stefania Zambelli

Proposal for a directive Article 6 – paragraph 1

Text proposed by the Commission Amendment

1. Member States may allow different 1. Where Member States allow rates of statutory minimum wage for different levels of statutory minimum wage specific groups of workers. Member States for specific groups of workers or make

AM\1231713EN.docx 333/443 PE692.765v02-00 EN shall keep these variations to a minimum, statutory deductions that reduce the and ensure that any variation is non- remuneration paid to a level below the discriminatory, proportionate, limited in relevant statutory minimum wage, they time if relevant, and objectively and shall ensure that these variations and reasonably justified by a legitimate aim. deductions are non-discriminatory, proportionate, temporary and objectively justified by a legitimate purpose.

Or. it

Amendment 673 Krzysztof Hetman, Jarosław Duda, Romana Tomc, Radan Kanev

Proposal for a directive Article 6 – paragraph 1

Text proposed by the Commission Amendment

1. Member States may allow different 1. Member States may allow different rates of statutory minimum wage for rates of statutory minimum wage for specific groups of workers. Member States specific groups of workers only in shall keep these variations to a minimum, exceptional cases. Such a differentiation and ensure that any variation is non- must be objectively and reasonably discriminatory, proportionate, limited in justified by a legitimate aim. Member time if relevant, and objectively and States shall keep these variations to a reasonably justified by a legitimate aim. minimum, and ensure that any variation is non-discriminatory, proportionate, limited in time if relevant.

Or. en

Amendment 674 Gheorghe Falcă, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu Winkler, Daniel Buda, Vasile Blaga, Siegfried Mureşan, Ioan-Rareş Bogdan, Loránt Vincze, Cristian-Silviu Buşoi

Proposal for a directive Article 6 – paragraph 1

Text proposed by the Commission Amendment

PE692.765v02-00 334/443 AM\1231713EN.docx EN and ensure that any variation is non- remuneration paid to a level below that of discriminatory, proportionate, limited in the relevant statutory minimum wage, time if relevant, and objectively and they shall ensure that these variations and reasonably justified by a legitimate aim. deductions are non-discriminatory, proportionate and justified by a legitimate aim.

Or. en

Amendment 675 Eugen Tomac, Marian-Jean Marinescu, Vasile Blaga, Daniel Buda, Siegfried Mureşan

Proposal for a directive Article 6 – paragraph 1

Text proposed by the Commission Amendment

1. Member States may allow different 1. Member States may allow different rates of statutory minimum wage for rates of statutory minimum wage for specific groups of workers. Member States specific groups of workers. Member States shall keep these variations to a minimum, shall ensure that any variation is non- and ensure that any variation is non- discriminatory, proportionate and discriminatory, proportionate, limited in objectively and reasonably justified by a time if relevant, and objectively and legitimate aim. reasonably justified by a legitimate aim.

Or. en

Amendment 676 Jeroen Lenaers, Miriam Lexmann

Proposal for a directive Article 6 – paragraph 1

Text proposed by the Commission Amendment

1. Member States may allow different 1. Where Member States allow for rates of statutory minimum wage for different rates of statutory minimum wage specific groups of workers. Member States for specific groups of workers or for shall keep these variations to a minimum, deductions by law that reduce the and ensure that any variation is non- remuneration paid to a level below that of discriminatory, proportionate, limited in the relevant statutory minimum wage, time if relevant, and objectively and they shall ensure that these variations and reasonably justified by a legitimate aim. deductions are non-discriminatory and

AM\1231713EN.docx 335/443 PE692.765v02-00 EN proportionate.

Or. en

Amendment 677 Anne Sander

Proposal for a directive Article 6 – paragraph 1

Text proposed by the Commission Amendment

1. Member States may allow different 1. Member States shall be free to rates of statutory minimum wage for allow different rates of statutory minimum specific groups of workers. Member States wage for specific groups of workers, in shall keep these variations to a minimum, particular with the aim of facilitating and ensure that any variation is non- apprenticeships or labour market discriminatory, proportionate, limited in integration. Member States shall keep time if relevant, and objectively and these variations to a minimum, and ensure reasonably justified by a legitimate aim. that any variation is non-discriminatory.

Or. fr

Amendment 678 Radan Kanev

Proposal for a directive Article 6 – paragraph 1 a (new)

Text proposed by the Commission Amendment

1a. Statutory minimum wages may vary on regional basis, based on the criteria, set in Article 5, while sectorial minimum wages are to be set, even in Member States with statutory minimum wage, only through social bargaining, at levels higher than the national or regional minimum wage.

Or. en

PE692.765v02-00 336/443 AM\1231713EN.docx EN Amendment 679 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Article 6 – paragraph 1 a (new)

Text proposed by the Commission Amendment

1a. Member States shall ensure equal treatment of workers in the application of minimum wage protection. Member States shall ensure that statutory minimum wages, where they exist, apply to all workers.

Or. en

Amendment 680 Elena Lizzi, Stefania Zambelli

Proposal for a directive Article 6 – paragraph 2

Text proposed by the Commission Amendment

2. Member States may allow deleted deductions by law that reduce the remuneration paid to workers to a level below that of the statutory minimum wage. Member States shall ensure that these deductions from statutory minimum wages are necessary, objectively justified and proportionate.

Or. it

Amendment 681 Gheorghe Falcă, Eugen Tomac, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu Winkler, Daniel Buda, Vasile Blaga, Siegfried Mureşan, Ioan-Rareş Bogdan, Loránt Vincze, Cristian-Silviu Buşoi

Proposal for a directive Article 6 – paragraph 2

AM\1231713EN.docx 337/443 PE692.765v02-00 EN Text proposed by the Commission Amendment

Or. en

Amendment 682 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão, Sandra Pereira, Leila Chaibi

Proposal for a directive Article 6 – paragraph 2

Text proposed by the Commission Amendment

Or. en

Amendment 683 Jeroen Lenaers, Miriam Lexmann

Proposal for a directive Article 6 – paragraph 2

Text proposed by the Commission Amendment

2. Member States may allow deleted deductions by law that reduce the remuneration paid to workers to a level

PE692.765v02-00 338/443 AM\1231713EN.docx EN below that of the statutory minimum wage. Member States shall ensure that these deductions from statutory minimum wages are necessary, objectively justified and proportionate.

Or. en

Amendment 684 Jordi Cañas

Proposal for a directive Article 6 – paragraph 2

Text proposed by the Commission Amendment

2. Member States may allow 2. Where Member States allow for deductions by law that reduce the different rates of statutory minimum wage remuneration paid to workers to a level for specific groups of workers or for below that of the statutory minimum wage. deductions by law that reduce the Member States shall ensure that these remuneration paid to a level below that of deductions from statutory minimum the relevant statutory minimum wage, they wages are necessary, objectively justified shall keep these variations and deductions and proportionate. to a minimum and ensure that they are non-discriminatory, proportionate, limited in time if relevant, and objectively justified by a legitimate aim. Furthermore, Member States shall not apply deductions to vulnerable and precarious workers.

Or. en

Amendment 685 Monica Semedo, Atidzhe Alieva-Veli, Samira Rafaela, Dragoș Pîslaru, Jordi Cañas

Proposal for a directive Article 6 – paragraph 2

Text proposed by the Commission Amendment

2. Member States may allow 2. Member States may only allow deductions by law that reduce the deductions that reduce the remuneration remuneration paid to workers to a level paid to workers to a level below that of the below that of the statutory minimum wage. statutory minimum wage where provided Member States shall ensure that these by law. Member States shall ensure that

AM\1231713EN.docx 339/443 PE692.765v02-00 EN deductions from statutory minimum wages these deductions from statutory minimum are necessary, objectively justified and wages are necessary, objectively justified proportionate. and proportionate. Deductions for the value of equipment needed to perform work or the cost of travel, board or lodging and accommodation shall not be permitted.

Or. en

Amendment 686 Anne Sander

Proposal for a directive Article 6 – paragraph 2

Text proposed by the Commission Amendment

2. Member States may allow 2. Member States shall be free to deductions by law that reduce the allow deductions by law that reduce the remuneration paid to workers to a level remuneration paid to workers to a level below that of the statutory minimum wage. below that of the statutory minimum wage. Member States shall ensure that these deductions from statutory minimum wages are necessary, objectively justified and proportionate.

Or. fr

Amendment 687 Elisabetta Gualmini, Pierfrancesco Majorino, Brando Benifei

Proposal for a directive Article 6 – paragraph 2

Text proposed by the Commission Amendment

2. Member States may allow 2. Member States shall ensure that deductions by law that reduce the there are no deductions, such as work- remuneration paid to workers to a level related expenses, that reduce the below that of the statutory minimum wage. remuneration paid to workers to a level Member States shall ensure that these below that of the statutory minimum wage. deductions from statutory minimum wages Bonuses and extra payments, such as tips, are necessary, objectively justified and overtime, end-of-year and holiday payments and welfare funds

PE692.765v02-00 340/443 AM\1231713EN.docx EN proportionate. contributions, should not be included in the calculation of statutory minimum wages.

Or. en

Amendment 688 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 6 – paragraph 2

Text proposed by the Commission Amendment

2. Member States may allow 2. Member States shall not allow deductions by law that reduce the deductions by law that reduce the remuneration paid to workers to a level remuneration paid to workers to a level below that of the statutory minimum wage. below that of the statutory minimum wage. Member States shall ensure that these deductions from statutory minimum wages are necessary, objectively justified and proportionate.

Or. en

Amendment 689 Klára Dobrev

Proposal for a directive Article 6 – paragraph 2

Text proposed by the Commission Amendment

2. Member States may allow 2. Member States shall not allow for deductions by law that reduce the special categories of workers or remuneration paid to workers to a level deductions that reduce the remuneration below that of the statutory minimum wage. paid to workers to a level below that of the Member States shall ensure that these statutory minimum wage. deductions from statutory minimum wages are necessary, objectively justified and proportionate.

Or. en

AM\1231713EN.docx 341/443 PE692.765v02-00 EN Amendment 690 Maria Walsh, Seán Kelly

Proposal for a directive Article 6 – paragraph 2

Text proposed by the Commission Amendment

2. Member States may allow 2. Member States may allow minimal deductions by law that reduce the deductions by law that reduce the remuneration paid to workers to a level remuneration paid to workers to a level below that of the statutory minimum wage. below that of the statutory minimum wage. Member States shall ensure that these Member States shall ensure that these deductions from statutory minimum wages deductions from statutory minimum wages are necessary, objectively justified and are necessary, objectively justified and proportionate. proportionate.

Or. en

Justification

The statutory Minimum Wage in Ireland allows for minimal deductions for board and lodgings and we would be prefer to retain such provisions

Amendment 691 Brando Benifei, Pierfrancesco Majorino, Elisabetta Gualmini

Proposal for a directive Article 6 – paragraph 2 a (new)

Text proposed by the Commission Amendment

2a. Member States shall not allow different rates of statutory minimum wages or deductions by law reducing remuneration paid to workers to a level below that of the statutory minimum wage solely on the basis of sex, racial or ethnic origin, religion or belief, disability or sexual orientation. Sheltered employment, as defined in Regulation No 651/2014, should be subject to statutory minimum wages or sectoral collective agreements, where available.

PE692.765v02-00 342/443 AM\1231713EN.docx EN Or. en

Amendment 692 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Article 6 – paragraph 2 a (new)

Text proposed by the Commission Amendment

2a. Member States shall ensure that deductions, like work-related expenses, that reduce the remuneration to a level below the one of the statutory wage minimum are not allowed. Work-related expenses shall be paid by the employer. Extra payments, such as tips, overtime and end-of-the-year and holiday payments and bonuses, are not taken into consideration into the calculation of statutory minimum wage.

Or. en

Amendment 693 Radan Kanev

Proposal for a directive Article 6 – paragraph 2 a (new)

Text proposed by the Commission Amendment

2a. Extra payments may be included in the calculation of statutory minimum wage only through collective sectorial agreement, based on traditional sectorial business practices, however guaranteeing, that the final remuneration on monthly basis shall not be lower than the national or regional statutory minimum wage. Hourly-based minimum income cannot be affected by such agreements.

Or. en

AM\1231713EN.docx 343/443 PE692.765v02-00 EN Amendment 694 Margarita de la Pisa Carrión

Proposal for a directive Article 6 – paragraph 2 a (new)

Text proposed by the Commission Amendment

2a. In order to prevent a direct impact on wage setting, the option of establishing variations and deductions provided for in the two preceding paragraphs shall also apply in Member States where the minimum wage is guaranteed exclusively by collective agreements.

Or. es

Amendment 695 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 7 – title

Text proposed by the Commission Amendment

Involvement of social partners in statutory Role of social partners in statutory minimum wage setting and updating minimum wage setting and updating

Or. en

Amendment 696 Peter Lundgren

Proposal for a directive Article 7 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

PE692.765v02-00 344/443 AM\1231713EN.docx EN manner in statutory minimum wage setting manner in statutory minimum wage setting and updating, including through and updating, participation in consultative bodies referred to in Article 5(5) and notably as concerns:

Or. en

Amendment 697 Jeroen Lenaers, Miriam Lexmann

Proposal for a directive Article 7 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

Member States shall take the necessary Member States shall take the necessary measures to ensure that the social partners measures to ensure that the social partners are involved in a timely and effective are involved in a timely and effective manner in statutory minimum wage setting manner in statutory minimum wage setting and updating, including through and updating, either directly or indirectly participation in consultative bodies referred depending on national practices and law, to in Article 5(5) and notably as concerns: including through participation in consultative bodies referred to in Article 5(5) and notably as concerns:

Or. en

Amendment 698 Anna Zalewska, Elżbieta Rafalska, Beata Szydło

Proposal for a directive Article 7 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

Member States shall take the necessary Member States shall take the necessary measures to ensure that the social partners measures to ensure that the social partners are involved in a timely and effective are involved in a timely and effective manner in statutory minimum wage setting manner in statutory minimum wage setting and updating, including through and updating, and notably as concerns: participation in consultative bodies referred to in Article 5(5) and notably as concerns:

AM\1231713EN.docx 345/443 PE692.765v02-00 EN Or. pl

Amendment 699 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Article 7 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

Member States shall take the necessary Member States shall take the necessary measures to ensure that the social partners measures to ensure that the social partners are involved in a timely and effective are fully involved in a timely and effective manner in statutory minimum wage setting manner in the setting and updating of and updating, including through statutory minimum wages, including participation in consultative bodies referred through participation in the consultative to in Article 5(5) and notably as concerns: body referred to in Article 5(4) and notably as concerns:

Or. en

Amendment 700 Jessica Polfjärd, Sara Skyttedal, Tomas Tobé, Jörgen Warborn, Arba Kokalari, David Lega

Proposal for a directive Article 7 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

Member States shall take the necessary Member States shall take the necessary measures to ensure that the social partners measures to facilitate that the social are involved in a timely and effective partners are involved in a timely and manner in statutory minimum wage setting effective manner in statutory minimum and updating, including through wage setting and updating, including participation in consultative bodies referred through participation in consultative bodies to in Article 5(5) and notably as concerns: referred to in Article 5(5) and notably as concerns:

Or. en

Amendment 701 Gheorghe Falcă, Eugen Tomac, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu

PE692.765v02-00 346/443 AM\1231713EN.docx EN Winkler, Daniel Buda, Vasile Blaga, Siegfried Mureşan, Ioan-Rareş Bogdan, Loránt Vincze, Cristian-Silviu Buşoi

Proposal for a directive Article 7 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

Member States shall take the necessary Member States shall take the necessary measures to ensure that the social partners measures to enable the involvement of the are involved in a timely and effective social partners in a timely and effective manner in statutory minimum wage setting manner in statutory minimum wage setting and updating, including through and updating, including through participation in consultative bodies representation in consultative bodies referred to in Article 5(5) and notably as referred to in Article 5(5) and notably as concerns: concerns:

Or. en

Amendment 702 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 7 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

Member States shall take the necessary Member States shall take the necessary measures to ensure that the social partners measures to ensure that the social partners are involved in a timely and effective are involved in a regular and effective manner in statutory minimum wage setting manner in statutory minimum wage setting and updating, including through and updating, including through participation in consultative bodies referred participation in consultative bodies referred to in Article 5(5) and notably as concerns: to in Article 5(5) and notably as concerns:

Or. en

Amendment 703 Stefan Berger, Ralf Seekatz, Markus Ferber, Sven Schulze, Jens Gieseke, Markus Pieper, Angelika Winzig, Sara Skyttedal, Henna Virkkunen, Axel Voss, Tomáš Zdechovský

Proposal for a directive Article 7 – paragraph 1 – introductory part

AM\1231713EN.docx 347/443 PE692.765v02-00 EN Text proposed by the Commission Amendment

Member States shall take the necessary Member States shall take the necessary measures to ensure that the social partners measures to enable that the social partners are involved in a timely and effective are involved in a timely and effective manner in statutory minimum wage setting manner in statutory minimum wage setting and updating, including through and updating, including through participation in consultative bodies referred participation in consultative bodies referred to in Article 5(5) and notably as concerns: to in Article 5(5) and notably as concerns:

Or. en

Amendment 704 Sara Skyttedal, Jessica Polfjärd, David Lega, Tomas Tobé, Arba Kokalari, Jörgen Warborn

Proposal for a directive Article 7 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

Member States shall take the necessary Member States shall take the necessary measures to ensure that the social partners measures to enable the social partners to be are involved in a timely and effective involved in a timely and effective manner manner in statutory minimum wage setting in statutory minimum wage setting and and updating, including through updating, including through participation in participation in consultative bodies referred consultative bodies referred to in Article to in Article 5(5) and notably as concerns: 5(5) and notably as concerns:

Or. en

Amendment 705 Peter Lundgren

Proposal for a directive Article 7 – paragraph 1 – point a

Text proposed by the Commission Amendment

(a) the selection and application of deleted criteria and indicative reference values referred to in Article 5 (1) (2) and (3) for the determination of statutory minimum wage levels;

PE692.765v02-00 348/443 AM\1231713EN.docx EN Or. en

Amendment 706 Sandra Pereira, José Gusmão

Proposal for a directive Article 7 – paragraph 1 – point a

Text proposed by the Commission Amendment

(a) the selection and application of (a) the application of criteria referred criteria and indicative reference values to in Article 5(1) and (2) for the raising of referred to in Article 5(1), (2) and (3) for statutory minimum wage levels; the determination of statutory minimum wage levels;

Or. pt

Amendment 707 Radan Kanev

Proposal for a directive Article 7 – paragraph 1 – point a

Text proposed by the Commission Amendment

(a) the selection and application of (a) the selection and application of criteria and indicative reference values criteria and indicative reference values referred to in Article 5 (1) (2) and (3) for referred to in Article 5 for the the determination of statutory minimum determination of the level of the statutory wage levels; minimum wage and minimum hourly- based income;

Or. en

Amendment 708 Gheorghe Falcă, Eugen Tomac, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu Winkler, Daniel Buda, Vasile Blaga, Siegfried Mureşan, Ioan-Rareş Bogdan, Loránt Vincze, Cristian-Silviu Buşoi

Proposal for a directive Article 7 – paragraph 1 – point a

AM\1231713EN.docx 349/443 PE692.765v02-00 EN Text proposed by the Commission Amendment

(a) the selection and application of (a) the selection and application of criteria and indicative reference values criteria referred to in Article 5 (1) and (2) referred to in Article 5 (1) (2) and (3) for for the determination of statutory minimum the determination of statutory minimum wage levels; wage levels;

Or. en

Amendment 709 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Article 7 – paragraph 1 – point a

Text proposed by the Commission Amendment

Or. en

Amendment 710 Peter Lundgren

Proposal for a directive Article 7 – paragraph 1 – point b

Text proposed by the Commission Amendment

(b) the updates of statutory minimum deleted wage levels referred to in Article 5 (4);

Or. en

Amendment 711 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

PE692.765v02-00 350/443 AM\1231713EN.docx EN Proposal for a directive Article 7 – paragraph 1 – point b

Text proposed by the Commission Amendment

(b) the updates of statutory minimum (b) the updates of statutory minimum wage levels referred to in Article 5 (4); wage referred to in Article 5 (4);

Or. en

Amendment 712 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 7 – paragraph 1 – point c

Text proposed by the Commission Amendment

Or. en

Amendment 713 Klára Dobrev

Proposal for a directive Article 7 – paragraph 1 – point c

Text proposed by the Commission Amendment

Or. en

Amendment 714 Peter Lundgren

AM\1231713EN.docx 351/443 PE692.765v02-00 EN Proposal for a directive Article 7 – paragraph 1 – point c

Text proposed by the Commission Amendment

Or. en

Amendment 715 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão, Sandra Pereira

Proposal for a directive Article 7 – paragraph 1 – point c

Text proposed by the Commission Amendment

Or. en

Amendment 716 Monica Semedo, Atidzhe Alieva-Veli, Jordi Cañas, Marie-Pierre Vedrenne, Ilana Cicurel, Samira Rafaela, Véronique Trillet-Lenoir, Stéphane Bijoux, Dragoș Pîslaru, Sylvie Brunet

Proposal for a directive Article 7 – paragraph 1 – point c

Text proposed by the Commission Amendment

(c) the establishment of variations and (c) the establishment and continuous deductions in statutory minimum wages assessment of variations and deductions in referred to in Article 6; statutory minimum wages referred to in Article 6;

Or. en

PE692.765v02-00 352/443 AM\1231713EN.docx EN Amendment 717 Peter Lundgren

Proposal for a directive Article 7 – paragraph 1 – point d

Text proposed by the Commission Amendment

(d) the collection of data and the deleted carrying out of studies for the information of statutory minimum wage setting authorities;

Or. en

Amendment 718 Eugen Tomac, Marian-Jean Marinescu, Vasile Blaga, Daniel Buda, Siegfried Mureşan

Proposal for a directive Article 7 – paragraph 1 – point d

Text proposed by the Commission Amendment

(d) the collection of data and the deleted carrying out of studies for the information of statutory minimum wage setting authorities;

Or. en

Amendment 719 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 7 – paragraph 1 – point d

Text proposed by the Commission Amendment

(d) the collection of data and the (d) the collection of data, carrying out of studies for the information disaggregated by gender, and the carrying of statutory minimum wage setting out of studies for the information of authorities; statutory minimum wage setting authorities;

AM\1231713EN.docx 353/443 PE692.765v02-00 EN Or. en

Amendment 720 Anne Sander

Proposal for a directive Article 7 – paragraph 1 – point d

Text proposed by the Commission Amendment

(d) the collection of data and the (d) the carrying out of studies for the carrying out of studies for the information information of statutory minimum wage of statutory minimum wage setting setting authorities; authorities;

Or. fr

Amendment 721 Gheorghe Falcă, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu Winkler, Daniel Buda, Vasile Blaga, Siegfried Mureşan, Ioan-Rareş Bogdan, Loránt Vincze, Cristian-Silviu Buşoi

Proposal for a directive Article 7 – paragraph 1 – point d

Text proposed by the Commission Amendment

(d) the collection of data and the (d) supporting the consultation carrying out of studies for the information processes for setting the statutory of statutory minimum wage setting minimum wage with information, data authorities; and analyses;

Or. en

Amendment 722 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Article 7 – paragraph 1 a (new)

Text proposed by the Commission Amendment

Member States shall ensure that at least:

PE692.765v02-00 354/443 AM\1231713EN.docx EN - social partners are informed, consulted and involved in a meaningful manner before a final decision is taken or any proposal is presented on any of the elements listed in Paragraph 1, with a view to reach an agreement with them. - trade unions and employers’ associations are able to provide opinions and to receive timely reasoned replies from the competent authority to any opinion submitted before a final decision is taken or any proposal is presented.

Or. en

Amendment 723 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 7 – paragraph 1 a (new)

Text proposed by the Commission Amendment

Member States shall ensure that social partners have full and timely access to the information available and necessary, as well as relevant external expertise, in order to effectively participate in the setting and updating of statutory minimum wages. The competent authority shall take its decisions in a transparent manner following meaningful consultations with social partners aimed at coming to an agreement, including by providing reasoned replies to proposals made.

Or. en

Amendment 724 Klára Dobrev

AM\1231713EN.docx 355/443 PE692.765v02-00 EN Proposal for a directive Article 7 – paragraph 1 a (new)

Text proposed by the Commission Amendment

Member States shall ensure that all relevant trade unions are fully and regularly involved in setting and updating the minimum wage level.

Or. en

Amendment 725 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Article 7 – paragraph 1 b (new)

Text proposed by the Commission Amendment

If social partners reach an agreement on any of the elements referred to in paragraph 1, including in the framework of the consultative bodies referred to in Article 5(5), Member Stats shall accept the agreement and introduce the changes necessary to the level of criteria for or updates of statutory minimum wages.

Or. en

Amendment 726 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Article 7 – paragraph 1 c (new)

Text proposed by the Commission Amendment

1c (new) Member States shall make available to social partners all the statistical data and information necessary to evaluate any proposed measures in the areas listed in paragraph 1, as well as their compliance with the requirements

PE692.765v02-00 356/443 AM\1231713EN.docx EN established in the Directive. Member States shall ensure that social partners have the right to have access to expertise in the framework of their involvement in statutory minimum wage matters.

Or. en

Amendment 727 Monica Semedo, Atidzhe Alieva-Veli, Jordi Cañas, Marie-Pierre Vedrenne, Ilana Cicurel, Véronique Trillet-Lenoir, Stéphane Bijoux, Dragoș Pîslaru, Sylvie Brunet

Proposal for a directive Article 8 – title

Text proposed by the Commission Amendment

Effective access of workers to statutory Monitoring compliance and effective minimum wages access of workers to statutory minimum wages

Or. en

Amendment 728 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 8 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

Member States shall, in cooperation with Member States with statutory minimum social partners, take the following wages shall, in cooperation with social measures to enhance the access of workers partners, take the following measures to to statutory minimum wage protection as enhance the access of all workers to appropriate: statutory minimum wage protection as appropriate:

Or. en

Amendment 729 Monica Semedo, Atidzhe Alieva-Veli, Jordi Cañas, Marie-Pierre Vedrenne, Ilana

AM\1231713EN.docx 357/443 PE692.765v02-00 EN Cicurel, Samira Rafaela, Véronique Trillet-Lenoir, Stéphane Bijoux, Dragoș Pîslaru, Sylvie Brunet

Proposal for a directive Article 8 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

Member States shall, in cooperation with Member States shall, in cooperation with social partners, take the following social partners, take the following measures to enhance the access of workers measures to monitor compliance of, and to statutory minimum wage protection as enhance the access of workers to, statutory appropriate: minimum wage protection as appropriate:

Or. en

Amendment 730 Gheorghe Falcă, Eugen Tomac, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu Winkler, Daniel Buda, Vasile Blaga, Ioan-Rareş Bogdan, Loránt Vincze, Cristian-Silviu Buşoi

Proposal for a directive Article 8 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

Member States shall, in cooperation with Member States shall, in consultation social partners, take the following and/or cooperation with social partners, measures to enhance the access of workers take the following measures, where to statutory minimum wage protection as appropriate to enhance the access of appropriate: workers to statutory minimum wage protection:

Or. en

Amendment 731 Stefan Berger, Ralf Seekatz, Markus Ferber, Sven Schulze, Jens Gieseke, Markus Pieper, Angelika Winzig, Sara Skyttedal, Henna Virkkunen, Axel Voss, Tomáš Zdechovský

Proposal for a directive Article 8 – paragraph 1 – introductory part

PE692.765v02-00 358/443 AM\1231713EN.docx EN Text proposed by the Commission Amendment

Member States shall, in cooperation with Member States shall, in cooperation with social partners, take the following social partners, take the following measures to enhance the access of workers measures where proportionate, to enhance to statutory minimum wage protection as the access of workers to statutory appropriate: minimum wage protection as appropriate:

Or. en

Amendment 732 Sara Skyttedal, Jessica Polfjärd, David Lega, Tomas Tobé, Arba Kokalari, Jörgen Warborn

Proposal for a directive Article 8 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

Member States shall, in cooperation with Member States shall, where appropriate, in social partners, take the following cooperation with social partners, take the measures to enhance the access of workers following measures to enhance the access to statutory minimum wage protection as of workers to statutory minimum wage appropriate: protection as appropriate:

Or. en

Amendment 733 Jeroen Lenaers, Miriam Lexmann

Proposal for a directive Article 8 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

Member States shall, in cooperation with Member States shall, in cooperation with social partners, take the following social partners, where appropriate take the measures to enhance the access of workers following measures to enhance the access to statutory minimum wage protection as of workers to statutory minimum wage appropriate: protection:

Or. en

AM\1231713EN.docx 359/443 PE692.765v02-00 EN Amendment 734 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Article 8 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

Member States shall, in cooperation with Member States shall, in cooperation with social partners, take the following social partners, shall take at least the measures to enhance the access of following measures to ensure compliance workers to statutory minimum wage with statutory minimum wages: protection as appropriate:

Or. en

Amendment 735 Leila Chaibi, Manon Aubry, Manuel Bompard, Emmanuel Maurel, Younous Omarjee, Anne-Sophie Pelletier, Eugenia Rodríguez Palop, José Gusmão

Proposal for a directive Article 8 – paragraph 1 – point 1

Text proposed by the Commission Amendment

(1) strengthen the controls and field (1) strengthen the controls and field inspections conducted by labour inspections conducted by labour inspectorates or the bodies responsible for inspectorates or the bodies responsible for the enforcement of statutory minimum the enforcement of statutory minimum wages. The controls and inspections shall wages. The controls and inspections shall be proportionate and non-discriminatory; be proportionate and non-discriminatory. It is therefore recommended that there is at least one labour inspector for every 10 000 workers, in accordance with the ILO’s demands1a; ______1a https://ilostat.ilo.org/resources/concepts- and-definitions/description-labour- inspection/

Or. fr

PE692.765v02-00 360/443 AM\1231713EN.docx EN Amendment 736 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 8 – paragraph 1 – point 1

Text proposed by the Commission Amendment

(1) strengthen the controls and field (1) strengthen the controls and field inspections conducted by labour inspections conducted by labour inspectorates or the bodies responsible for inspectorates or the bodies responsible for the enforcement of statutory minimum the enforcement of statutory minimum wages. The controls and inspections shall wages. Labour inspectorates shall have be proportionate and non-discriminatory; the necessary human and financial resources at their disposal in order to be able to function effectively. The controls and inspections shall be proportionate and non-discriminatory;

Or. en

Amendment 737 Daniela Rondinelli, Chiara Gemma

Proposal for a directive Article 8 – paragraph 1 – point 1

Text proposed by the Commission Amendment

1) strengthen the controls and field 1) strengthen the controls and the inspections conducted by labour intensity of the field inspections conducted inspectorates or the bodies responsible for by labour inspectorates or the bodies the enforcement of statutory minimum responsible for the enforcement of wages. The controls and inspections shall statutory minimum wages and guarantee be proportionate and non-discriminatory; the availability of adequate resources in that regard, ensuring that those controls and inspections are effective, dissuasive, proportionate and non-discriminatory;

Or. it

Amendment 738 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão, Sandra Pereira

AM\1231713EN.docx 361/443 PE692.765v02-00 EN Proposal for a directive Article 8 – paragraph 1 – point 1

Text proposed by the Commission Amendment

(1) strengthen the controls and field (1) strengthen the controls and field inspections conducted by labour inspections conducted regularly by labour inspectorates or the bodies responsible for inspectorates or the bodies responsible for the enforcement of statutory minimum the enforcement of statutory minimum wages. The controls and inspections shall wages. The controls and inspections shall be proportionate and non-discriminatory; be effective, dissuasive, proportionate and non-discriminatory. Member States ensure adequate resources for labour inspectorates;

Or. en

Amendment 739 Monica Semedo, Atidzhe Alieva-Veli, Jordi Cañas, Marie-Pierre Vedrenne, Ilana Cicurel, Samira Rafaela, Véronique Trillet-Lenoir, Stéphane Bijoux, Dragoș Pîslaru, Sylvie Brunet

Proposal for a directive Article 8 – paragraph 1 – point 1

Text proposed by the Commission Amendment

(1) strengthen the controls and field (1) strengthen the controls and field inspections conducted by labour inspections conducted by labour inspectorates or the bodies responsible for inspectorates or the bodies responsible for the enforcement of statutory minimum the enforcement of statutory minimum wages. The controls and inspections shall wages and ensure their adequate be proportionate and non-discriminatory; resourcing. The controls and inspections shall be proportionate and non- discriminatory;

Or. en

Amendment 740 Stefan Berger, Ralf Seekatz, Markus Ferber, Sven Schulze, Jens Gieseke, Markus Pieper, Angelika Winzig, Sara Skyttedal, Henna Virkkunen, Axel Voss, Tomáš Zdechovský

PE692.765v02-00 362/443 AM\1231713EN.docx EN Proposal for a directive Article 8 – paragraph 1 – point 1

Text proposed by the Commission Amendment

Or. en

Amendment 741 Anne Sander

Proposal for a directive Article 8 – paragraph 1 – point 1

Text proposed by the Commission Amendment

(1) strengthen the controls and field (1) implement controls and field inspections conducted by labour inspections conducted by labour inspectorates or the bodies responsible for inspectorates or the bodies responsible for the enforcement of statutory minimum the enforcement of statutory minimum wages. The controls and inspections shall wages. The controls and inspections shall be proportionate and non-discriminatory; be proportionate and non-discriminatory;

Or. fr

Amendment 742 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 8 – paragraph 1 – point 2

Text proposed by the Commission Amendment

(2) develop guidance for enforcement (2) develop guidance for enforcement authorities to proactively target and pursue authorities to proactively target and pursue non-compliant businesses; non-compliant businesses, particularly by conducting routine and unannounced

AM\1231713EN.docx 363/443 PE692.765v02-00 EN visits that result in the initiation of legal proceedings and the imposition of dissuasive sanctions where infractions are detected;

Or. en

Amendment 743 Monica Semedo, Atidzhe Alieva-Veli, Jordi Cañas, Marie-Pierre Vedrenne, Ilana Cicurel, Samira Rafaela, Véronique Trillet-Lenoir, Stéphane Bijoux, Dragoș Pîslaru, Sylvie Brunet

Proposal for a directive Article 8 – paragraph 1 – point 2

Text proposed by the Commission Amendment

(2) develop guidance for enforcement (2) develop capacity-building, training authorities to proactively target and pursue and guidance for enforcement authorities non-compliant businesses; to proactively target and pursue non- compliant businesses;

Or. en

Amendment 744 Sandra Pereira, José Gusmão

Proposal for a directive Article 8 – paragraph 1 – point 2

Text proposed by the Commission Amendment

(2) develop guidance for enforcement (2) develop guidance for national authorities to proactively target and pursue enforcement authorities to proactively non-compliant businesses; target and pursue non-compliant businesses;

Or. pt

Amendment 745 Klára Dobrev

PE692.765v02-00 364/443 AM\1231713EN.docx EN Proposal for a directive Article 8 – paragraph 1 – point 2

Text proposed by the Commission Amendment

Or. en

Amendment 746 Gheorghe Falcă, Eugen Tomac, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu Winkler, Daniel Buda, Siegfried Mureşan, Ioan-Rareş Bogdan, Loránt Vincze, Cristian- Silviu Buşoi

Proposal for a directive Article 8 – paragraph 1 – point 2

Text proposed by the Commission Amendment

Or. en

Amendment 747 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 8 – paragraph 1 – point 3

Text proposed by the Commission Amendment

(3) ensure that information on statutory (3) ensure that information on statutory minimum wages is made publicly available minimum wages, including relevant in a clear, comprehensive and easily redress mechanisms in line article 11, is accessible way. made publicly available in a clear, comprehensive and easily accessible way, in different languages, including minority languages and in accessible formats for persons with disabilities.

AM\1231713EN.docx 365/443 PE692.765v02-00 EN Or. en

Amendment 748 Radan Kanev

Proposal for a directive Article 8 – paragraph 1 – point 3

Text proposed by the Commission Amendment

(3) ensure that information on statutory (3) ensure that information on statutory minimum wages is made publicly available minimum wages and hourly-based in a clear, comprehensive and easily minimum income is made publicly accessible way. available in a clear, comprehensive and easily accessible way and that workers have access to guidance in the event that their employers breach the requirement to pay the statutory minimum wage;

Or. en

Amendment 749 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Article 8 – paragraph 1 – point 3

Text proposed by the Commission Amendment

(3) ensure that information on statutory (3) ensure that information on statutory minimum wages is made publicly available minimum wages is made publicly available in a clear, comprehensive and easily in a clear, comprehensive and easily accessible way. accessible way. Ensure guidance for workers in case their employer is paying statutory minimum wages not fulfilling the legal requirements for it.

Or. en

Amendment 750 Krzysztof Hetman, Jarosław Duda, Romana Tomc, Jeroen Lenaers, Radan Kanev

PE692.765v02-00 366/443 AM\1231713EN.docx EN Proposal for a directive Article 8 – paragraph 1 – point 3

Text proposed by the Commission Amendment

(3) ensure that information on statutory (3) ensure that information on statutory minimum wages is made publicly available minimum wages is made publicly available in a clear, comprehensive and easily in a clear, comprehensive and easily accessible way. accessible way also in formats accessible to people with different types of disabilities.

Or. en

Amendment 751 Brando Benifei, Pierfrancesco Majorino, Elisabetta Gualmini

Proposal for a directive Article 8 – paragraph 1 – point 3

Text proposed by the Commission Amendment

(3) ensure that information on statutory (3) ensure that information on statutory minimum wages is made publicly available minimum wages is made publicly available in a clear, comprehensive and easily in a clear, comprehensive and easily accessible way. accessible way, including accessibility for workers with disabilities.

Or. en

Amendment 752 Marc Angel

Proposal for a directive Article 8 – paragraph 1 – point 3

Text proposed by the Commission Amendment

(3) ensure that information on statutory (3) ensure that information on statutory minimum wages is made publicly available minimum wages is made publicly available in a clear, comprehensive and easily in a clear, comprehensive and easily accessible way. accessible way, including accessibility for workers with disabilities.

Or. en

AM\1231713EN.docx 367/443 PE692.765v02-00 EN Amendment 753 Stelios Kympouropoulos

Proposal for a directive Article 8 – paragraph 1 – point 3

Text proposed by the Commission Amendment

Or. en

Amendment 754 Johan Danielsson, Heléne Fritzon, Marianne Vind

Proposal for a directive Article 9

Text proposed by the Commission Amendment

Article 9 deleted Public procurement In accordance with Directive 2014/24/EU, Directive 2014/25/EU and Directive 2014/23/EU, Member States shall take appropriate measures to ensure that in the performance of public procurement or concession contracts economic operators comply with the wages set out by collective agreements for the relevant sector and geographical area and with the statutory minimum wages where they exist.

Or. en

Amendment 755 Abir Al-Sahlani, Morten Løkkegaard, Linea Søgaard-Lidell, Asger Christensen, Søren Gade, Karin Karlsbro, Bart Groothuis, Caroline Nagtegaal, Malik Azmani, Jan

PE692.765v02-00 368/443 AM\1231713EN.docx EN Huitema, Liesje Schreinemacher

Proposal for a directive Article 9 – paragraph 1

Text proposed by the Commission Amendment

In accordance with Directive 2014/24/EU, deleted Directive 2014/25/EU and Directive 2014/23/EU, Member States shall take appropriate measures to ensure that in the performance of public procurement or concession contracts economic operators comply with the wages set out by collective agreements for the relevant sector and geographical area and with the statutory minimum wages where they exist.

Or. en

Amendment 756 Daniela Rondinelli, Chiara Gemma

Proposal for a directive Article 9 – paragraph 1

Text proposed by the Commission Amendment

In accordance with Directive 2014/24/EU, In accordance with Directive 2014/24/EU, Directive 2014/25/EU and Directive Directive 2014/25/EU and Directive 2014/23/EU, Member States shall take 2014/23/EU, Member States shall take appropriate measures to ensure that in the appropriate measures to ensure that in the performance of public procurement or performance of public procurement or concession contracts economic operators concession contracts economic operators comply with the wages set out by comply fully with the provisions of this collective agreements for the relevant Directive and, in particular, recognise sector and geographical area and with the trade unions, and recognise the right of statutory minimum wages where they exist. workers to organise, participate in collective bargaining, and comply with the remuneration and other working conditions established by law or collective agreements for the relevant sector and/or geographical area and with the statutory minimum wages where they exist, as well as Union, national and international social law. A company’s failure to comply with this Directive will therefore be

AM\1231713EN.docx 369/443 PE692.765v02-00 EN grounds for exclusion from access to public procurement contracts, as well as grounds for the termination of an existing contract by public bodies.

Or. it

Amendment 757 Radan Kanev

Proposal for a directive Article 9 – paragraph 1

Text proposed by the Commission Amendment

In accordance with Directive 2014/24/EU, In accordance with Directives 2014/24/EU, Directive 2014/25/EU and Directive 2014/25/EU and 2014/23/EU, Member 2014/23/EU, Member States shall take States shall take appropriate measures to appropriate measures to ensure that in the ensure that in the performance of public performance of public procurement or procurement or concession contracts concession contracts economic operators economic operators recognise trade comply with the wages set out by unions, recognise the right of workers to collective agreements for the relevant organise, participate in collective sector and geographical area and with the bargaining, and comply with the statutory minimum wages where they exist. remuneration and other working conditions established by law or collective agreements for the relevant sector or geographical area and with the statutory minimum wages where they exist, as well as Union, national and international social law. However, no company shall be excluded from participation in public tenders, public procurement and concession contracts, based on the fact, that its employers are not organised in a trade union, provided that the company did not act against such organisation.

Or. en

Amendment 758 Monica Semedo, Jordi Cañas, Marie-Pierre Vedrenne, Ilana Cicurel, Samira Rafaela, Véronique Trillet-Lenoir, Stéphane Bijoux, Dragoș Pîslaru, Sylvie Brunet

PE692.765v02-00 370/443 AM\1231713EN.docx EN Proposal for a directive Article 9 – paragraph 1

Text proposed by the Commission Amendment

In accordance with Directive 2014/24/EU, In accordance with Directive 2014/24/EU, Directive 2014/25/EU and Directive Directive 2014/25/EU and Directive 2014/23/EU, Member States shall take 2014/23/EU, Member States shall take appropriate measures to ensure that in the appropriate measures to ensure that in the performance of public procurement or performance of public procurement or concession contracts economic operators concession contracts economic operators comply with the wages set out by and their subcontractors comply with the collective agreements for the relevant applicable obligations in the fields of sector and geographical area and with the social and labour law concerning wages statutory minimum wages where they and working conditions including the exist. right to organise and collectively bargain set out by Union and national law, collective agreements including for the relevant sector and geographical area or by the relevant international social and labour law provisions listed in their respective annexes.

Or. en

Amendment 759 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 9 – paragraph 1

Text proposed by the Commission Amendment

In accordance with Directive 2014/24/EU, In accordance with Directive 2014/24/EU, Directive 2014/25/EU and Directive Directive 2014/25/EU and Directive 2014/23/EU, Member States shall take 2014/23/EU, Member States, and in appropriate measures to ensure that in the particular their contracting authorities, performance of public procurement or shall take appropriate measures to ensure concession contracts economic operators that in the performance of public comply with the wages set out by procurement or concession contracts collective agreements for the relevant economic operators recognise trade sector and geographical area and with the unions, recognise the right of workers to statutory minimum wages where they exist. organise, participate in collective bargaining, and comply with the wages and working conditions set out by collective agreements for the relevant

AM\1231713EN.docx 371/443 PE692.765v02-00 EN sector and geographical area and with the statutory minimum wages where they exist, as well as the social law at national, European and international level.

Or. en

Amendment 760 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Article 9 – paragraph 1

Text proposed by the Commission Amendment

In accordance with Directive 2014/24/EU, In accordance with Directive 2014/24/EU, Directive 2014/25/EU and Directive Directive 2014/25/EU and Directive 2014/23/EU, Member States shall take 2014/23/EU, Member States shall take appropriate measures to ensure that in the appropriate measures to ensure that in the performance of public procurement or performance of public procurement or concession contracts economic operators concession contracts economic operators comply with the wages set out by recognise trade unions, recognise the collective agreements for the relevant right of workers to organise, participate in sector and geographical area and with the collective bargain, and comply with the statutory minimum wages where they exist. remuneration and other working conditions established by law or collective agreements for the relevant sector and geographical area and with the statutory minimum wages where they exist as well as international, Union or national law.

Or. en

Amendment 761 Gheorghe Falcă, Eugen Tomac, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu Winkler, Daniel Buda, Vasile Blaga, Siegfried Mureşan, Loránt Vincze, Cristian-Silviu Buşoi

Proposal for a directive Article 9 – paragraph 1

Text proposed by the Commission Amendment

In accordance with Directive 2014/24/EU, In accordance with Directive 2014/24/EU, Directive 2014/25/EU and Directive Directive 2014/25/EU and Directive

PE692.765v02-00 372/443 AM\1231713EN.docx EN 2014/23/EU, Member States shall take 2014/23/EU, Member States shall take appropriate measures to ensure that in the appropriate measures to ensure that in the performance of public procurement or performance of public procurement or concession contracts economic operators concession contracts economic operators, comply with the wages set out by and their subcontractors, comply with the collective agreements for the relevant applicable obligations regarding wages in sector and geographical area and with the the field of labour law established by statutory minimum wages where they exist. Union law, national law, collective agreements or by international labour law provisions for the relevant sector and geographical area and with the statutory minimum wages where they exist.

Or. en

Amendment 762 Sandra Pereira, José Gusmão

Proposal for a directive Article 9 – paragraph 1

Text proposed by the Commission Amendment

In accordance with Directive 2014/24/EU, In accordance with Directive 2014/24/EU, Directive 2014/25/EU and Directive Directive 2014/25/EU and Directive 2014/23/EU, Member States shall take 2014/23/EU, Member States shall not appropriate measures to ensure that in the award contracts to companies that do not performance of public procurement or respect labour rights and shall take concession contracts economic operators appropriate measures to ensure that in the comply with the wages set out by performance of public procurement or collective agreements for the relevant concession contracts economic operators sector and geographical area and with the comply with collective agreements and the statutory minimum wages where they exist. wages and other rights set out by collective agreements for the relevant sector and geographical area and with the statutory minimum wages where they exist.

Or. pt

Amendment 763 Stefan Berger, Ralf Seekatz, Markus Ferber, Sven Schulze, Jens Gieseke, Markus Pieper, Angelika Winzig, Sara Skyttedal, Henna Virkkunen, Axel Voss, Tomáš Zdechovský

AM\1231713EN.docx 373/443 PE692.765v02-00 EN Proposal for a directive Article 9 – paragraph 1

Text proposed by the Commission Amendment

In accordance with Directive 2014/24/EU, In accordance with Directive 2014/24/EU, Directive 2014/25/EU and Directive Directive 2014/25/EU and Directive 2014/23/EU, Member States shall take 2014/23/EU, Member States shall take appropriate measures to ensure that in the appropriate measures to ensure that in the performance of public procurement or performance of public procurement or concession contracts economic operators concession contracts economic operators comply with the wages set out by comply with the wages set out by Union collective agreements for the relevant law, national provisions or collective sector and geographical area and with the agreements for the relevant sector and statutory minimum wages where they exist. geographical area and with the statutory minimum wages where they exist.

Or. en

Amendment 764 Krzysztof Hetman, Jarosław Duda, Sara Skyttedal, Romana Tomc

Proposal for a directive Article 9 – paragraph 1

Text proposed by the Commission Amendment

Or. en

Justification

PE692.765v02-00 374/443 AM\1231713EN.docx EN Amendment 765 Johan Danielsson, Heléne Fritzon, Marianne Vind

Proposal for a directive Article 9 – paragraph 1

Text proposed by the Commission Amendment

Or. en

Amendment 766 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 9 – paragraph 1 a (new)

Text proposed by the Commission Amendment

Compliance with applicable requirements under this Directive shall be mandatory awarding and contract performance conditions for all public procurement and concession contracts subject to Directive 2014/24/EU, Directive 2014/25/EU, and Directive 2014/23/EU. Contracting authorities shall not award a tender where it has been established that it does not comply with applicable requirements under this Directive.

Or. en

AM\1231713EN.docx 375/443 PE692.765v02-00 EN Amendment 767 Stelios Kympouropoulos

Proposal for a directive Article 9 – paragraph 1 a (new)

Text proposed by the Commission Amendment

Further measures for companies that do not enter into negotiations with trade unions, may be considered in the course of the next review of the Directive 2014/24/EU.

Or. en

Amendment 768 Peter Lundgren

Proposal for a directive Article 10

Text proposed by the Commission Amendment

Article 10 deleted Monitoring and data collection 1. Member States shall task their competent authorities with developing effective data collection tools to monitor the coverage and adequacy of minimum wages. 2. Member States shall report the following data to the Commission on an annual basis, before 1 October of each year: (a) for statutory minimum wages: (i) the level of the statutory minimum wage and the share of workers covered by it; (ii) the existing variations and the share of workers covered by them; (iii) the existing deductions; (iv) the rate of collective bargaining

PE692.765v02-00 376/443 AM\1231713EN.docx EN coverage. (b) for minimum wage protection provided only by collective agreements: (i) the distribution in deciles of such wages weighted by the share of covered workers; (ii) the rate of collective bargaining coverage; (iii) the level of wages for workers not having minimum wage protection provided by collective agreements and its relation to the level of wages of workers having such minimum protection. Member States shall provide the statistics and information referred to in this paragraph disaggregated by gender, age, disability, company size and sector. The first report shall cover years [X, Y, Z: the three years preceding the transposition year] and shall be delivered by [1st of October YY: year after transposition]. The Member States may omit statistics and information which are not available before [date of transposition]. The Commission may request Member States to provide further information on a case by case basis where it considers such information necessary for monitoring the effective implementation of this Directive. 3. Member States shall ensure that information regarding minimum wage protection, including collective agreements and wage provisions therein, is transparent and publicly accessible. 4. The Commission shall assess the data transmitted by the Member States in the reports referred to in paragraph 2, and shall report annually to the European Parliament and to the Council. 5. On the basis of the report issued by the Commission, the Employment Committee set up in accordance with Article 150 TFEU shall carry out every

AM\1231713EN.docx 377/443 PE692.765v02-00 EN year an examination of the promotion of collective bargaining on wage setting and of the adequacy of minimum wages in the Member States.

Or. en

Amendment 769 Gheorghe Falcă, Eugen Tomac, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu Winkler, Daniel Buda, Siegfried Mureşan, Ioan-Rareş Bogdan, Loránt Vincze, Cristian- Silviu Buşoi

Proposal for a directive Article 10 – paragraph 1

Text proposed by the Commission Amendment

1. Member States shall task their deleted competent authorities with developing effective data collection tools to monitor the coverage and adequacy of minimum wages.

Or. en

Amendment 770 Evelyn Regner

Proposal for a directive Article 10 – paragraph 1

Text proposed by the Commission Amendment

1. Member States shall task their 1. Member States shall task their competent authorities with developing competent authorities with developing, in effective data collection tools to monitor cooperation with the social partners, the coverage and adequacy of minimum effective data collection tools to monitor wages. the collective bargaining coverage and the adequacy of statutory minimum wages, to ensure the promotion of collective bargaining, the respect of the right to collective bargaining and increases in collective bargaining coverage and the fairness of statutory minimum wages.

PE692.765v02-00 378/443 AM\1231713EN.docx EN Or. en

Amendment 771 Krzysztof Hetman, Jarosław Duda, Sara Skyttedal, Romana Tomc, Jeroen Lenaers, Radan Kanev

Proposal for a directive Article 10 – paragraph 1

Text proposed by the Commission Amendment

1. Member States shall task their 1. Member States shall task their competent authorities with developing competent authorities with developing effective data collection tools to monitor effective data collection tools to monitor the coverage and adequacy of minimum the coverage and adequacy of minimum wages. wages. These tools should be designed in a way that will not impose excessive administrative burden on employers, especially in the SME sector and on micro-entrepreneurs.

Or. en

Amendment 772 Anne Sander

Proposal for a directive Article 10 – paragraph 1

Text proposed by the Commission Amendment

1. Member States shall task their 1. Member States shall task their competent authorities with developing competent authorities with developing effective data collection tools to monitor effective data collection tools to monitor the coverage and adequacy of minimum the coverage and adequacy of minimum wages. wages. Such monitoring shall not impose an additional administrative burden, in particular on micro, small and medium- sized enterprises.

Or. fr

AM\1231713EN.docx 379/443 PE692.765v02-00 EN Amendment 773 Monica Semedo, Atidzhe Alieva-Veli, Jordi Cañas, Marie-Pierre Vedrenne, Ilana Cicurel, Samira Rafaela, Véronique Trillet-Lenoir, Stéphane Bijoux, Dragoș Pîslaru, Sylvie Brunet

Proposal for a directive Article 10 – paragraph 1

Text proposed by the Commission Amendment

1. Member States shall task their 1. Member States shall task their competent authorities with developing competent authorities, in consultation with effective data collection tools to monitor social partners, with developing effective the coverage and adequacy of minimum data collection tools to monitor the wages. coverage and adequacy of minimum wages and the coverage of collective bargaining.

Or. en

Amendment 774 Lina Gálvez Muñoz

Proposal for a directive Article 10 – paragraph 1

Text proposed by the Commission Amendment

1. Member States shall task their 1. Member States shall task their competent authorities with developing competent authorities with developing effective data collection tools to monitor effective data collection tools, the coverage and adequacy of minimum disaggregated by gender and with an wages. intersectional approach, to monitor the coverage and adequacy of minimum wages.

Or. en

Amendment 775 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Article 10 – paragraph 1

PE692.765v02-00 380/443 AM\1231713EN.docx EN Text proposed by the Commission Amendment

1. Member States shall task their 1. Member States shall task their competent authorities with developing competent authorities, in cooperation with effective data collection tools to monitor social partners, with the development of the coverage and adequacy of minimum effective data collection tools to monitor wages. the coverage and adequacy of minimum wages.

Or. en

Amendment 776 Maria Walsh, Seán Kelly, Jeroen Lenaers

Proposal for a directive Article 10 – paragraph 1

Text proposed by the Commission Amendment

1. Member States shall task their 1. Member States shall task their competent authorities with developing competent authorities in consultation with effective data collection tools to monitor social partners, with developing effective the coverage and adequacy of minimum data collection tools to monitor the wages. coverage and adequacy of minimum wages.

Or. en

Amendment 777 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 10 – paragraph 1

Text proposed by the Commission Amendment

AM\1231713EN.docx 381/443 PE692.765v02-00 EN Or. en

Amendment 778 Sandra Pereira, José Gusmão

Proposal for a directive Article 10 – paragraph 1

Text proposed by the Commission Amendment

Or. pt

Amendment 779 Anna Zalewska, Elżbieta Rafalska, Beata Szydło

Proposal for a directive Article 10 – paragraph 2 – introductory part

Text proposed by the Commission Amendment

2. Member States shall report the 2. Every three years Member States following data to the Commission on an shall report the following data to the annual basis, before 1 October of each Commission: year:

Or. pl

Amendment 780 Lukas Mandl

Proposal for a directive Article 10 – paragraph 2 – introductory part

Text proposed by the Commission Amendment

2. Member States shall report the 2. Member States shall report the following data to the Commission on an following data to the Commission every

PE692.765v02-00 382/443 AM\1231713EN.docx EN annual basis, before 1 October of each second year: year:

Or. en

Amendment 781 Sandra Pereira, José Gusmão

Proposal for a directive Article 10 – paragraph 2 – introductory part

Text proposed by the Commission Amendment

2. Member States shall report the 2. Member States shall update and following data to the Commission on an publish the following data before 1 annual basis, before 1 October of each October of each year: year:

Or. pt

Amendment 782 Peter Lundgren

Proposal for a directive Article 10 – paragraph 2 – point a

Text proposed by the Commission Amendment

(a) for statutory minimum wages: deleted (i) the level of the statutory minimum wage and the share of workers covered by it; (ii) the existing variations and the share of workers covered by them; (iii) the existing deductions; (iv) the rate of collective bargaining coverage.

Or. en

AM\1231713EN.docx 383/443 PE692.765v02-00 EN Amendment 783 Peter Lundgren

Proposal for a directive Article 10 – paragraph 2 – point a – point i

Text proposed by the Commission Amendment

(i) the level of the statutory minimum deleted wage and the share of workers covered by it;

Or. en

Amendment 784 Margarita de la Pisa Carrión

Proposal for a directive Article 10 – paragraph 2 – point a – point i

Text proposed by the Commission Amendment

(i) the level of the statutory minimum (i) the way in which the statutory wage and the share of workers covered by minimum wage has been determined; it;

Or. es

Amendment 785 Peter Lundgren

Proposal for a directive Article 10 – paragraph 2 – point a – point ii

Text proposed by the Commission Amendment

(ii) the existing variations and the deleted share of workers covered by them;

Or. en

Amendment 786 Mounir Satouri

PE692.765v02-00 384/443 AM\1231713EN.docx EN on behalf of the Greens/EFA Group

Proposal for a directive Article 10 – paragraph 2 – point a – point ii

Text proposed by the Commission Amendment

(ii) the existing variations and the deleted share of workers covered by them;

Or. en

Amendment 787 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão, Sandra Pereira

Proposal for a directive Article 10 – paragraph 2 – point a – point ii

Text proposed by the Commission Amendment

(ii) the existing variations and the deleted share of workers covered by them;

Or. en

Amendment 788 Gheorghe Falcă, Eugen Tomac, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu Winkler, Daniel Buda, Vasile Blaga, Siegfried Mureşan, Ioan-Rareş Bogdan, Loránt Vincze, Cristian-Silviu Buşoi

Proposal for a directive Article 10 – paragraph 2 – point a – point ii

Text proposed by the Commission Amendment

(ii) the existing variations and the deleted share of workers covered by them;

Or. en

Amendment 789 Anna Zalewska, Elżbieta Rafalska, Beata Szydło

AM\1231713EN.docx 385/443 PE692.765v02-00 EN Proposal for a directive Article 10 – paragraph 2 – point a – point ii

Text proposed by the Commission Amendment

(ii) the existing variations and the deleted share of workers covered by them;

Or. pl

Amendment 790 Monica Semedo, Atidzhe Alieva-Veli, Jordi Cañas, Marie-Pierre Vedrenne, Ilana Cicurel, Samira Rafaela, Véronique Trillet-Lenoir, Stéphane Bijoux, Dragoș Pîslaru, Sylvie Brunet

Proposal for a directive Article 10 – paragraph 2 – point a – point ii

Text proposed by the Commission Amendment

(ii) the existing variations and the share (ii) the existing variations, the objective of workers covered by them; justifications provided and the share of workers covered by them

Or. en

Amendment 791 Peter Lundgren

Proposal for a directive Article 10 – paragraph 2 – point a – point iii

Text proposed by the Commission Amendment

(iii) the existing deductions; deleted

Or. en

Amendment 792 Mounir Satouri on behalf of the Greens/EFA Group

PE692.765v02-00 386/443 AM\1231713EN.docx EN Proposal for a directive Article 10 – paragraph 2 – point a – point iii

Text proposed by the Commission Amendment

(iii) the existing deductions; deleted

Or. en

Amendment 793 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão, Sandra Pereira

Proposal for a directive Article 10 – paragraph 2 – point a – point iii

Text proposed by the Commission Amendment

(iii) the existing deductions; deleted

Or. en

Amendment 794 Gheorghe Falcă, Eugen Tomac, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu Winkler, Daniel Buda, Vasile Blaga, Ioan-Rareş Bogdan, Loránt Vincze, Cristian-Silviu Buşoi

Proposal for a directive Article 10 – paragraph 2 – point a – point iii

Text proposed by the Commission Amendment

(iii) the existing deductions; deleted

Or. en

Amendment 795 Anna Zalewska, Elżbieta Rafalska, Beata Szydło

Proposal for a directive Article 10 – paragraph 2 – point a – point iii

AM\1231713EN.docx 387/443 PE692.765v02-00 EN Text proposed by the Commission Amendment

(iii) the existing deductions; deleted

Or. pl

Amendment 796 Monica Semedo, Atidzhe Alieva-Veli, Jordi Cañas, Marie-Pierre Vedrenne, Ilana Cicurel, Samira Rafaela, Véronique Trillet-Lenoir, Stéphane Bijoux, Dragoș Pîslaru, Sylvie Brunet

Proposal for a directive Article 10 – paragraph 2 – point a – point iii

Text proposed by the Commission Amendment

(iii) the existing deductions; (iii) the existing deductions and the objective justifications provided;

Or. en

Amendment 797 Peter Lundgren

Proposal for a directive Article 10 – paragraph 2 – point a – point iv

Text proposed by the Commission Amendment

(iv) the rate of collective bargaining deleted coverage.

Or. en

Amendment 798 Gheorghe Falcă, Eugen Tomac, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu Winkler, Daniel Buda, Vasile Blaga, Siegfried Mureşan, Ioan-Rareş Bogdan, Loránt Vincze, Cristian-Silviu Buşoi

Proposal for a directive Article 10 – paragraph 2 – point a – point iv

PE692.765v02-00 388/443 AM\1231713EN.docx EN Text proposed by the Commission Amendment

(iv) the rate of collective bargaining deleted coverage.

Or. en

Amendment 799 Sandra Pereira, José Gusmão

Proposal for a directive Article 10 – paragraph 2 – point a – point iv a (new)

Text proposed by the Commission Amendment

(iva) the rate of coverage of amended, updated or republished, and expired collective agreements.

Or. pt

Amendment 800 Peter Lundgren

Proposal for a directive Article 10 – paragraph 2 – point b

Text proposed by the Commission Amendment

(b) for minimum wage protection deleted provided only by collective agreements: (i) the distribution in deciles of such wages weighted by the share of covered workers; (ii) the rate of collective bargaining coverage; (iii) the level of wages for workers not having minimum wage protection provided by collective agreements and its relation to the level of wages of workers having such minimum protection.

AM\1231713EN.docx 389/443 PE692.765v02-00 EN Or. en

Amendment 801 Maria Walsh, Seán Kelly

Proposal for a directive Article 10 – paragraph 2 – point b – introductory part

Text proposed by the Commission Amendment

(b) for minimum wage protection (b) for minimum wage protection provided only by collective agreements: provided only by universally applicable collective agreements:

Or. en

Justification

Some of these agreements are only at company level so it’s quite burdensome to have them collected at all levels and social partners may not want them open to the public

Amendment 802 Johan Danielsson, Heléne Fritzon, Marianne Vind

Proposal for a directive Article 10 – paragraph 2 – point b – introductory part

Text proposed by the Commission Amendment

(b) for minimum wage protection (b) for minimum wage protection in provided only by collective agreements: form of wages stemming from collective agreements:

Or. en

Amendment 803 Peter Lundgren

Proposal for a directive Article 10 – paragraph 2 – point b – point i

PE692.765v02-00 390/443 AM\1231713EN.docx EN Text proposed by the Commission Amendment

(i) the distribution in deciles of such deleted wages weighted by the share of covered workers;

Or. en

Amendment 804 Margarita de la Pisa Carrión

Proposal for a directive Article 10 – paragraph 2 – point b – point i

Text proposed by the Commission Amendment

(i) the distribution in deciles of such (i) the share of covered workers; wages weighted by the share of covered workers;

Or. es

Amendment 805 Peter Lundgren

Proposal for a directive Article 10 – paragraph 2 – point b – point ii

Text proposed by the Commission Amendment

(ii) the rate of collective bargaining deleted coverage;

Or. en

Amendment 806 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 10 – paragraph 2 – point b – point ii

AM\1231713EN.docx 391/443 PE692.765v02-00 EN Text proposed by the Commission Amendment

(ii) the rate of collective bargaining (ii) the rate of collective bargaining coverage; coverage and progress made to increase coverage, particularly for vulnerable workers;

Or. en

Amendment 807 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Article 10 – paragraph 2 – point b – point ii

Text proposed by the Commission Amendment

(ii) the rate of collective bargaining (ii) the rate of collective bargaining coverage; coverage regarding remuneration;

Or. en

Amendment 808 Margarita de la Pisa Carrión

Proposal for a directive Article 10 – paragraph 2 – point b – point iii

Text proposed by the Commission Amendment

(iii) the level of wages for workers not deleted having minimum wage protection provided by collective agreements and its relation to the level of wages of workers having such minimum protection.

Or. es

Amendment 809 Anna Zalewska, Elżbieta Rafalska, Beata Szydło

PE692.765v02-00 392/443 AM\1231713EN.docx EN Proposal for a directive Article 10 – paragraph 2 – point b – point iii

Text proposed by the Commission Amendment

(iii) the level of wages for workers not deleted having minimum wage protection provided by collective agreements and its relation to the level of wages of workers having such minimum protection.

Or. pl

Amendment 810 Peter Lundgren

Proposal for a directive Article 10 – paragraph 2 – point b – point iii

Text proposed by the Commission Amendment

(iii) the level of wages for workers not deleted having minimum wage protection provided by collective agreements and its relation to the level of wages of workers having such minimum protection.

Or. en

Amendment 811 Johan Danielsson, Heléne Fritzon, Marianne Vind

Proposal for a directive Article 10 – paragraph 2 – point b – point iii

Text proposed by the Commission Amendment

(iii) the level of wages for workers not deleted having minimum wage protection provided by collective agreements and its relation to the level of wages of workers having such minimum protection.

Or. en

AM\1231713EN.docx 393/443 PE692.765v02-00 EN Amendment 812 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Article 10 – paragraph 2 – point b a (new)

Text proposed by the Commission Amendment

(b a) for national action plans: (i) the progress and the effectiveness of measures and initiatives taken to increase the rate of collective bargaining coverage; (ii) the impact of public procurement and concession policy on increasing the rate of collective bargaining;

Or. en

Amendment 813 Monica Semedo, Atidzhe Alieva-Veli, Jordi Cañas, Marie-Pierre Vedrenne, Ilana Cicurel, Samira Rafaela, Véronique Trillet-Lenoir, Stéphane Bijoux, Dragoș Pîslaru, Sylvie Brunet

Proposal for a directive Article 10 – paragraph 2 – point b a (new)

Text proposed by the Commission Amendment

(b a) measures provided for under the national action plans to promote collective bargaining referred to under Article 4.2;

Or. en

Amendment 814 Gheorghe Falcă, Eugen Tomac, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu Winkler, Daniel Buda, Siegfried Mureşan, Ioan-Rareş Bogdan, Loránt Vincze, Cristian- Silviu Buşoi

Proposal for a directive Article 10 – paragraph 2 – subparagraph 1

PE692.765v02-00 394/443 AM\1231713EN.docx EN Text proposed by the Commission Amendment

Member States shall provide the statistics deleted and information referred to in this paragraph disaggregated by gender, age, disability, company size and sector.

Or. en

Amendment 815 Peter Lundgren

Proposal for a directive Article 10 – paragraph 2 – subparagraph 1

Text proposed by the Commission Amendment

Member States shall provide the statistics deleted and information referred to in this paragraph disaggregated by gender, age, disability, company size and sector.

Or. en

Amendment 816 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 10 – paragraph 2 – subparagraph 1

Text proposed by the Commission Amendment

Member States shall provide the statistics Member States shall provide the statistics and information referred to in this and information referred to in this paragraph disaggregated by gender, age, paragraph disaggregated by gender, age, disability, company size and sector. disability, racial and ethnic background, company size and sector. Member states shall conduct a gender impact analysis with respect to coverage and adequacy on this basis.

Or. en

AM\1231713EN.docx 395/443 PE692.765v02-00 EN Amendment 817 Anna Zalewska, Elżbieta Rafalska, Beata Szydło

Proposal for a directive Article 10 – paragraph 2 – subparagraph 1

Text proposed by the Commission Amendment

Member States shall provide the statistics Member States shall provide the statistics and information referred to in this and information referred to in this paragraph disaggregated by gender, age, paragraph, where possible disaggregated disability, company size and sector. by gender, age, disability, company size and sector.

Or. pl

Amendment 818 Johan Danielsson, Heléne Fritzon, Marianne Vind

Proposal for a directive Article 10 – paragraph 2 – subparagraph 1

Text proposed by the Commission Amendment

Or. en

Amendment 819 Peter Lundgren

Proposal for a directive Article 10 – paragraph 2 – subparagraph 2

Text proposed by the Commission Amendment

The first report shall cover years [X, Y, Z: deleted the three years preceding the transposition year] and shall be delivered by [1st of October YY: year after

PE692.765v02-00 396/443 AM\1231713EN.docx EN transposition]. The Member States may omit statistics and information which are not available before [date of transposition].

Or. en

Amendment 820 Dominique Bilde

Proposal for a directive Article 10 – paragraph 2 – subparagraph 3

Text proposed by the Commission Amendment

The Commission may request Member deleted States to provide further information on a case by case basis where it considers such information necessary for monitoring the effective implementation of this Directive.

Or. fr

Amendment 821 Anna Zalewska, Elżbieta Rafalska, Beata Szydło

Proposal for a directive Article 10 – paragraph 2 – subparagraph 3

Text proposed by the Commission Amendment

Or. pl

Amendment 822 Peter Lundgren

AM\1231713EN.docx 397/443 PE692.765v02-00 EN Proposal for a directive Article 10 – paragraph 2 – subparagraph 3

Text proposed by the Commission Amendment

Or. en

Amendment 823 Gheorghe Falcă, Eugen Tomac, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu Winkler, Daniel Buda, Vasile Blaga, Siegfried Mureşan, Ioan-Rareş Bogdan, Loránt Vincze, Cristian-Silviu Buşoi

Proposal for a directive Article 10 – paragraph 2 – subparagraph 3

Text proposed by the Commission Amendment

Or. en

Amendment 824 Johan Danielsson, Heléne Fritzon, Marianne Vind

Proposal for a directive Article 10 – paragraph 2 – subparagraph 3

Text proposed by the Commission Amendment

PE692.765v02-00 398/443 AM\1231713EN.docx EN Or. en

Amendment 825 Sandra Pereira, José Gusmão

Proposal for a directive Article 10 – paragraph 2 – subparagraph 3

Text proposed by the Commission Amendment

Or. pt

Amendment 826 Stelios Kympouropoulos

Proposal for a directive Article 10 – paragraph 2 – subparagraph 3

Text proposed by the Commission Amendment

The Commission may request Member The Commission shall request Member States to provide further information on a States to provide further information on a case by case basis where it considers such case by case basis where it considers such information necessary for monitoring the information necessary for monitoring the effective implementation of this Directive. effective implementation of this Directive.

Or. en

Amendment 827 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Article 10 – paragraph 3

Text proposed by the Commission Amendment

3. Member States shall ensure that deleted

AM\1231713EN.docx 399/443 PE692.765v02-00 EN information regarding minimum wage protection, including collective agreements and wage provisions therein, is transparent and publicly accessible.

Or. en

Amendment 828 Gheorghe Falcă, Eugen Tomac, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu Winkler, Daniel Buda, Vasile Blaga, Siegfried Mureşan, Ioan-Rareş Bogdan, Loránt Vincze, Cristian-Silviu Buşoi

Proposal for a directive Article 10 – paragraph 3

Text proposed by the Commission Amendment

3. Member States shall ensure that deleted information regarding minimum wage protection, including collective agreements and wage provisions therein, is transparent and publicly accessible.

Or. en

Amendment 829 Peter Lundgren

Proposal for a directive Article 10 – paragraph 3

Text proposed by the Commission Amendment

3. Member States shall ensure that deleted information regarding minimum wage protection, including collective agreements and wage provisions therein, is transparent and publicly accessible.

Or. en

Amendment 830 Evelyn Regner

PE692.765v02-00 400/443 AM\1231713EN.docx EN Proposal for a directive Article 10 – paragraph 3

Text proposed by the Commission Amendment

3. Member States shall ensure that 3. Member States shall ensure that information regarding minimum wage information regarding minimum wage protection, including collective agreements protection set in statutory minimum wages and wage provisions therein, is transparent and in universally or generally applicable and publicly accessible. collective agreements is transparent and publicly accessible. This is without prejudice to the possibility for Member States, in agreement with the social partners and depending on their national industrial relation systems, to maintain or introduce further transparency requirements.

Or. en

Amendment 831 Krzysztof Hetman, Jarosław Duda, Romana Tomc, Jeroen Lenaers, Radan Kanev

Proposal for a directive Article 10 – paragraph 3

Text proposed by the Commission Amendment

3. Member States shall ensure that 3. Member States shall ensure that information regarding minimum wage information regarding minimum wage protection, including collective agreements protection, including collective agreements and wage provisions therein, is transparent and wage provisions therein, is transparent and publicly accessible. and publicly accessible, also in formats accessible to people with different types of disabilities.

Or. en

Amendment 832 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 10 – paragraph 3

AM\1231713EN.docx 401/443 PE692.765v02-00 EN Text proposed by the Commission Amendment

Or. en

Amendment 833 Maria Walsh, Seán Kelly

Proposal for a directive Article 10 – paragraph 3

Text proposed by the Commission Amendment

Or. en

Justification

Some of these agreements are only at company level so it’s quite burdensome to have them collected at all levels and social partners may not want them open to the public

Amendment 834 Monica Semedo, Atidzhe Alieva-Veli, Jordi Cañas, Marie-Pierre Vedrenne, Ilana Cicurel, Véronique Trillet-Lenoir, Stéphane Bijoux, Dragoș Pîslaru, Sylvie Brunet

Proposal for a directive Article 10 – paragraph 3

Text proposed by the Commission Amendment

3. Member States shall ensure that 3. Member States shall ensure that information regarding minimum wage information regarding minimum wage

PE692.765v02-00 402/443 AM\1231713EN.docx EN protection, including collective agreements protection, including universally and wage provisions therein, is transparent applicable collective agreements and wage and publicly accessible. provisions therein, is transparent and publicly accessible.

Or. en

Amendment 835 Johan Danielsson, Heléne Fritzon, Marianne Vind

Proposal for a directive Article 10 – paragraph 3

Text proposed by the Commission Amendment

3. Member States shall ensure that 3. Member States shall ensure that information regarding minimum wage information regarding statutory minimum protection, including collective agreements wage protection, including collective and wage provisions therein, is transparent agreements and wage provisions therein, is and publicly accessible. transparent and publicly accessible.

Or. en

Amendment 836 Peter Lundgren

Proposal for a directive Article 10 – paragraph 4

Text proposed by the Commission Amendment

4. The Commission shall assess the deleted data transmitted by the Member States in the reports referred to in paragraph 2, and shall report annually to the European Parliament and to the Council.

Or. en

Amendment 837 Sandra Pereira, José Gusmão

AM\1231713EN.docx 403/443 PE692.765v02-00 EN Proposal for a directive Article 10 – paragraph 4

Text proposed by the Commission Amendment

4. The Commission shall assess the deleted data transmitted by the Member States in the reports referred to in paragraph 2, and shall report annually to the European Parliament and to the Council.

Or. pt

Amendment 838 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Article 10 – paragraph 4

Text proposed by the Commission Amendment

4. The Commission shall assess the 4. The Commission shall assess the data transmitted by the Member States in data transmitted by the Member States in the reports referred to in paragraph 2, and the reports referred to in paragraph 2, and shall report annually to the European shall submit an annual report to the Parliament and to the Council. European Parliament and to the Council. The European Parliament and the Council may submit observations on that report.

Or. en

Amendment 839 Anna Zalewska, Elżbieta Rafalska, Beata Szydło

Proposal for a directive Article 10 – paragraph 4

Text proposed by the Commission Amendment

4. The Commission shall assess the 4. The Commission shall assess the data transmitted by the Member States in data transmitted by the Member States in the reports referred to in paragraph 2, and the reports referred to in paragraph 2, and shall report annually to the European shall report to the European Parliament and Parliament and to the Council. to the Council.

PE692.765v02-00 404/443 AM\1231713EN.docx EN Or. pl

Amendment 840 Dominique Bilde

Proposal for a directive Article 10 – paragraph 5

Text proposed by the Commission Amendment

5. On the basis of the report issued by deleted the Commission, the Employment Committee set up in accordance with Article 150 TFEU shall carry out every year an examination of the promotion of collective bargaining on wage setting and of the adequacy of minimum wages in the Member States.

Or. fr

Amendment 841 Gheorghe Falcă, Eugen Tomac, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu Winkler, Daniel Buda, Vasile Blaga, Siegfried Mureşan, Ioan-Rareş Bogdan, Loránt Vincze, Cristian-Silviu Buşoi

Proposal for a directive Article 10 – paragraph 5

Text proposed by the Commission Amendment

Or. en

AM\1231713EN.docx 405/443 PE692.765v02-00 EN Amendment 842 Peter Lundgren

Proposal for a directive Article 10 – paragraph 5

Text proposed by the Commission Amendment

Or. en

Amendment 843 Sandra Pereira, José Gusmão

Proposal for a directive Article 10 – paragraph 5

Text proposed by the Commission Amendment

5. On the basis of the report issued by deleted the Commission, the Employment Committee set up in accordance with Article 150 TFEU shall each year carry out an examination of the promotion of collective bargaining on wage setting and of the adequacy of minimum wages in the Member States.

Or. pt

Amendment 844 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Article 10 – paragraph 5

PE692.765v02-00 406/443 AM\1231713EN.docx EN Text proposed by the Commission Amendment

5. On the basis of the report issued 5. In order to discuss this reports by by the Commission, the Employment the Commission, the Employment Committee set up in accordance with Committee referred to in Article 150 Article 150 TFEU shall carry out every TFEU shall establish a specific subgroup year an examination of the promotion of composed of: collective bargaining on wage setting and of the adequacy of minimum wages in the Member States. (a) one member representing the government from each Member State; (b) one member representing the employers´ associations from each Member State; (c) one member representing the trade unions from each Member State; (d) two members representing the Commission; (e) one independent expert, appointed by the European Parliament; (f) two members representing the trade unions at European level; (g) two members representing employers´ associations at European level; The subgroup shall carry out an annual examination of the Commission reports to assess the promotion of collective bargaining on wage setting, the extend and quality of the respect for the right to collective bargaining and the rate of increase in collective bargaining coverage and the fairness and adequacy of statutory minimum wages in the Member States, in accordance with this Directive:

Or. en

Amendment 845 Evelyn Regner

AM\1231713EN.docx 407/443 PE692.765v02-00 EN Proposal for a directive Article 10 – paragraph 5

Text proposed by the Commission Amendment

5. On the basis of the report issued by 5. On the basis of the report issued by the Commission, the Employment the Commission, the Employment Committee set up in accordance with Committee set up in accordance with Article 150 TFEU shall carry out every Article 150 TFEU shall establish ha year an examination of the promotion of specific subgroup composed of: collective bargaining on wage setting and of the adequacy of minimum wages in the Member States. (a) one member, representing the government, from each Member State; (b) one member, representing the employers' organisations, from each Member State; (c) one member, representing the trade unions, from each Member State; (d) two members representing the Commission; (e) one independent expert appointed by the European Parliament; (f) two members representing trade unions at European level; (g) two members representing employers’ organisations at European level. Such a subgroup shall carry out every year an examination to ensure the promotion of collective bargaining, the respect for the right to collective bargaining and increases in collective bargaining coverage and the adequacy and fairness of statutory minimum wages in the Member States.

Or. en

Amendment 846 Daniela Rondinelli, Chiara Gemma

Proposal for a directive Article 10 – paragraph 5

PE692.765v02-00 408/443 AM\1231713EN.docx EN Text proposed by the Commission Amendment

5. On the basis of the report issued 5. In order to discuss the reports by by the Commission, the Employment the Commission, a specific committee Committee set up in accordance with shall be established to carry out an annual Article 150 TFEU shall carry out every examination of the Commission reports to year an examination of the promotion of assess the promotion of collective collective bargaining on wage setting and bargaining on wage setting, the extent and of the adequacy of minimum wages in the quality of the respect for the right to Member States. collective bargaining and the rate of increase in collective bargaining coverage, and of the fairness and adequacy of statutory minimum wages in the Member States, in accordance with this Directive.

Or. it

Amendment 847 Lina Gálvez Muñoz

Proposal for a directive Article 10 – paragraph 5

Text proposed by the Commission Amendment

Or. en

Amendment 848 Mounir Satouri on behalf of the Greens/EFA Group

AM\1231713EN.docx 409/443 PE692.765v02-00 EN Proposal for a directive Article 10 – paragraph 5

Text proposed by the Commission Amendment

Or. en

Amendment 849 Anna Zalewska, Elżbieta Rafalska, Beata Szydło

Proposal for a directive Article 10 – paragraph 5

Text proposed by the Commission Amendment

Or. pl

Amendment 850 Johan Danielsson, Heléne Fritzon, Marianne Vind

Proposal for a directive Article 10 – paragraph 5

PE692.765v02-00 410/443 AM\1231713EN.docx EN Text proposed by the Commission Amendment

Or. en

Amendment 851 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 10 – paragraph 5 – point a (new)

Text proposed by the Commission Amendment

(a) one member, representing the government, from each Member State;

Or. en

Amendment 852 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 10 – paragraph 5 – point b (new)

Text proposed by the Commission Amendment

(b) one member, representing the employers' organisations, from each Member State;

Or. en

AM\1231713EN.docx 411/443 PE692.765v02-00 EN Amendment 853 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 10 – paragraph 5 – point c (new)

Text proposed by the Commission Amendment

Or. en

Amendment 854 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 10 – paragraph 5 – point d (new)

Text proposed by the Commission Amendment

(d) two members representing the Commission;

Or. en

Amendment 855 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 10 – paragraph 5 – point e (new)

Text proposed by the Commission Amendment

(e) one independent expert appointed by the European Parliament;

Or. en

PE692.765v02-00 412/443 AM\1231713EN.docx EN Amendment 856 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 10 – paragraph 5 – point f (new)

Text proposed by the Commission Amendment

(f) two members representing trade unions at European level;

Or. en

Amendment 857 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 10 – paragraph 5 – point g (new)

Text proposed by the Commission Amendment

(g) two members representing employers’ organisations at European level.

Or. en

Amendment 858 Anna Zalewska, Elżbieta Rafalska, Beata Szydło

Proposal for a directive Article 10 a (new)

Text proposed by the Commission Amendment

Article 10a Derogations 1. If the application of this Directive would require significant adaptations to the national system of the Member State in relation to the implementation of Article 10, the Commission may, through

AM\1231713EN.docx 413/443 PE692.765v02-00 EN implementing acts, grant a derogation for the period requested by the Member State in question, provided that this period does not exceed three years. 2. If the derogation pursuant to point 1 is still justified by sufficient evidence by the end of the period for which it has been granted, the Commission may grant, through implementing acts, a derogation for a further period, as requested by the Member State in question, provided that this period does not exceed two years. 3. For the purposes of points 1 and 2 above, the Member State will provide the Commission with a duly justified application by 1 October or six months before the end of the period for which the current derogation has been granted, depending on the situation.

Or. pl

Amendment 859 Peter Lundgren

Proposal for a directive Article 11 – paragraph 1

Text proposed by the Commission Amendment

1. Member States shall ensure that, deleted without prejudice to specific forms of redress and dispute resolution provided for, where applicable, in collective agreements, workers, including those whose employment relationship has ended, have access to effective and impartial dispute resolution and a right to redress, including adequate compensation, in the case of infringements of their rights relating to statutory minimum wages or minimum wage protection provided by collective agreements.

Or. en

PE692.765v02-00 414/443 AM\1231713EN.docx EN Amendment 860 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Article 11 – paragraph 1

Text proposed by the Commission Amendment

1. Member States shall ensure that, 1. Member States shall ensure that, without prejudice to specific forms of without prejudice to specific forms of redress and dispute resolution provided for, redress and dispute resolution provided for where applicable, in collective agreements, in collective agreements, where applicable, workers, including those whose workers, including those whose employment relationship has ended, have employment relationship has ended, access to effective and impartial dispute including those that are trade union resolution and a right to redress, including representatives have access to effective, adequate compensation, in the case of timely and impartial dispute resolution and infringements of their rights relating to a right to redress, including adequate statutory minimum wages or minimum compensation, in the case of infringements wage protection provided by collective of their rights, including the right to agreements. organise, take collective action and bargain collectively, as well as the right relating to statutory minimum wages or minimum wage protection provided by collective agreements.

Or. en

Amendment 861 Konstantinos Arvanitis

Proposal for a directive Article 11 – paragraph 1

Text proposed by the Commission Amendment

AM\1231713EN.docx 415/443 PE692.765v02-00 EN infringements of their rights relating to infringements of their rights relating to statutory minimum wages or minimum statutory minimum wages or minimum wage protection provided by collective wage protection provided by collective agreements. agreements and more favourable provisions for the annulment of redundancies or the payment of compensation.

Or. el

Amendment 862 Johan Danielsson, Heléne Fritzon, Marianne Vind

Proposal for a directive Article 11 – paragraph 1

Text proposed by the Commission Amendment

1. Member States shall ensure that, 1. Member States shall ensure that, without prejudice to specific forms of without prejudice to specific forms of redress and dispute resolution provided for, redress and dispute resolution provided for, where applicable, in collective agreements, where applicable, in collective agreements, workers, including those whose workers, including those whose employment relationship has ended, have employment relationship has ended, have access to effective and impartial dispute access to effective and impartial dispute resolution and a right to redress, including resolution and a right to redress, including adequate compensation, in the case of adequate compensation, in the case infringements of their rights relating to existing national law or collective statutory minimum wages or minimum agreements provide for rights relating to wage protection provided by collective statutory minimum wages or minimum agreements. wage protection provided by collective agreements and such rights have been infringed.

Or. en

Amendment 863 Abir Al-Sahlani, Nicola Beer, Svenja Hahn, Andreas Glück, Moritz Körner, Jan- Christoph Oetjen, Ulrike Müller, Engin Eroglu, Karen Melchior, Morten Løkkegaard, Linea Søgaard-Lidell, Asger Christensen, Søren Gade, Karin Karlsbro, Martina Dlabajová, Dita Charanzová, Martin Hlaváček, Ondřej Knotek, Ondřej Kovařík, Bart Groothuis, Caroline Nagtegaal, Malik Azmani, Jan Huitema, Liesje Schreinemacher

Proposal for a directive Article 11 – paragraph 1

PE692.765v02-00 416/443 AM\1231713EN.docx EN Text proposed by the Commission Amendment

1. Member States shall ensure that, 1. Member States shall ensure that, without prejudice to specific forms of without prejudice to specific forms of redress and dispute resolution provided for, redress and dispute resolution provided for, where applicable, in collective agreements, where applicable, in collective agreements, workers, including those whose workers, including those whose employment relationship has ended, have employment relationship has ended, have access to effective and impartial dispute access to effective and impartial dispute resolution and a right to redress, including resolution and a right to redress, including adequate compensation, in the case of adequate compensation, in the case infringements of their rights relating to existing national law or collective statutory minimum wages or minimum agreements provide for relating to wage protection provided by collective statutory minimum wages or minimum agreements. wage protection provided by collective agreements and such rights have been infringed.

Or. en

Amendment 864 Jessica Polfjärd, Sara Skyttedal, Tomas Tobé, Jörgen Warborn, Arba Kokalari, David Lega

Proposal for a directive Article 11 – paragraph 1

Text proposed by the Commission Amendment

1. Member States shall ensure that, 1. Member States shall in accordance without prejudice to specific forms of with their national laws and practices, redress and dispute resolution provided for, and without prejudice to specific forms of where applicable, in collective agreements, redress and dispute resolution provided for, workers, including those whose and where applicable, ensure that in employment relationship has ended, have collective agreements, workers, including access to effective and impartial dispute those whose employment relationship has resolution and a right to redress, including ended, have access to effective and adequate compensation, in the case of impartial dispute resolution and a right to infringements of their rights relating to redress, including adequate compensation, statutory minimum wages or minimum in the case of infringements of their rights wage protection provided by collective relating to statutory minimum wages or agreements. minimum wage protection provided by collective agreements.

Or. en

AM\1231713EN.docx 417/443 PE692.765v02-00 EN Amendment 865 Sandra Pereira, José Gusmão

Proposal for a directive Article 11 – paragraph 1

Text proposed by the Commission Amendment

1. Member States shall ensure that, 1. Member States shall ensure that, without prejudice to specific forms of without prejudice to specific forms of redress and dispute resolution provided for, redress and dispute resolution provided for, where applicable, in collective agreements, where applicable, in collective agreements, workers, including those whose workers, including those whose employment relationship has ended, have employment relationship has ended, have access to effective and impartial dispute access to effective and impartial dispute resolution and a right to redress, including resolution and a right to redress, including adequate compensation, in the case of adequate compensation, in particular by infringements of their rights relating to exempting them from costs of statutory minimum wages or minimum proceedings, in the case of infringements wage protection provided by collective of their rights relating to statutory agreements. minimum wages or minimum wage protection provided by collective agreements.

Or. pt

Amendment 866 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 11 – paragraph 1

Text proposed by the Commission Amendment

1. Member States shall ensure that, 1. Member States shall ensure that, without prejudice to specific forms of without prejudice to specific forms of redress and dispute resolution provided for, redress and dispute resolution provided for, where applicable, in collective agreements, where applicable, in collective agreements, workers, including those whose workers, including those whose employment relationship has ended, have employment relationship has ended, have access to effective and impartial dispute access to affordable, timely and efficient, resolution and a right to redress, including effective and impartial dispute resolution adequate compensation, in the case of and a right to redress, including adequate infringements of their rights relating to compensation, in the case of infringements

PE692.765v02-00 418/443 AM\1231713EN.docx EN statutory minimum wages or minimum of their rights relating to statutory wage protection provided by collective minimum wages or minimum wage agreements. protection provided by collective agreements.

Or. en

Amendment 867 Monica Semedo, Atidzhe Alieva-Veli, Jordi Cañas, Marie-Pierre Vedrenne, Ilana Cicurel, Samira Rafaela, Véronique Trillet-Lenoir, Stéphane Bijoux, Dragoș Pîslaru, Sylvie Brunet

Proposal for a directive Article 11 – paragraph 1

Text proposed by the Commission Amendment

1. Member States shall ensure that, 1. Member States shall ensure that, without prejudice to specific forms of workers, including those whose redress and dispute resolution provided employment relationship has ended, have for, where applicable, in collective access to effective and impartial dispute agreements, workers, including those resolution and a right to redress, including whose employment relationship has ended, adequate compensation, in the case of have access to effective and impartial infringements of their rights relating to dispute resolution and a right to redress, statutory minimum wages or minimum including adequate compensation, in the wage protection provided by collective case of infringements of their rights agreements, without prejudice to specific relating to statutory minimum wages or forms of redress and dispute resolution minimum wage protection provided by provided for, where applicable, in collective agreements. collective agreements.

Or. en

Amendment 868 Gheorghe Falcă, Eugen Tomac, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu Winkler, Daniel Buda, Vasile Blaga, Siegfried Mureşan, Ioan-Rareş Bogdan, Loránt Vincze, Cristian-Silviu Buşoi

Proposal for a directive Article 11 – paragraph 1

Text proposed by the Commission Amendment

1. Member States shall ensure that, 1. Member States shall ensure that, without prejudice to specific forms of without prejudice to specific forms of

AM\1231713EN.docx 419/443 PE692.765v02-00 EN redress and dispute resolution provided for, redress and dispute resolution provided for, where applicable, in collective agreements, where applicable, in collective agreements, workers, including those whose workers, including those whose employment relationship has ended, have employment relationship has ended, have access to effective and impartial dispute access to effective and impartial dispute resolution and a right to redress, including resolution and a right to redress, including adequate compensation, in the case of compensation, in the case of infringements infringements of their rights relating to of their rights relating to statutory statutory minimum wages or minimum minimum wages or minimum wage wage protection provided by collective protection provided by collective agreements. agreements.

Or. en

Amendment 869 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 11 – paragraph 1 a (new)

Text proposed by the Commission Amendment

1a. The compensation referred to in paragraph 1 shall ensure real and effective compensation for the loss and damage sustained, in a way which is dissuasive and proportionate to the damage suffered.

Or. en

Amendment 870 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 11 – paragraph 1 b (new)

Text proposed by the Commission Amendment

1b. It shall include full recovery of back pay and related bonuses or payments in kind. It shall also include the right to

PE692.765v02-00 420/443 AM\1231713EN.docx EN interest on arrears.

Or. en

Amendment 871 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 11 – paragraph 1 c (new)

Text proposed by the Commission Amendment

1c. The compensation may not be restricted by the fixing of a prior upper limit.

Or. en

Amendment 872 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 11 – paragraph 1 d (new)

Text proposed by the Commission Amendment

1d. Cost-free proceedings and legal aid shall be made available to those who lack sufficient resources in so far as such aid is necessary to ensure effective access to justice.

Or. en

Amendment 873 Peter Lundgren

Proposal for a directive Article 11 – paragraph 2

AM\1231713EN.docx 421/443 PE692.765v02-00 EN Text proposed by the Commission Amendment

2. Member States shall take the deleted measures necessary to protect workers, including those who are workers’ representatives, from any adverse treatment by the employer and from any adverse consequences resulting from a complaint lodged with the employer or resulting from any proceedings initiated with the aim of enforcing compliance with the rights relating to statutory minimum wages or minimum wage protection provided by collective agreements.

Or. en

Amendment 874 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Article 11 – paragraph 2

Text proposed by the Commission Amendment

2. Member States shall take the 2. Member States shall take the measures necessary to protect workers, measures necessary to protect workers, including those who are workers’ including those who are workers’ representatives, from any adverse treatment representatives or trade union by the employer and from any adverse representatives, from any adverse consequences resulting from a complaint treatment by the employer or third parties lodged with the employer or resulting from and from any adverse consequences any proceedings initiated with the aim of resulting from a complaint lodged with the enforcing compliance with the rights employer or resulting from any relating to statutory minimum wages or proceedings initiated with the aim of minimum wage protection provided by enforcing compliance with the applicable collective agreements. law and enabling the exercise of their rights, including the right to organise, take collective action and bargain collectively, as well as their right relating to statutory minimum wages or minimum wage protection provided by collective agreements.

Or. en

PE692.765v02-00 422/443 AM\1231713EN.docx EN Amendment 875 Daniela Rondinelli, Chiara Gemma

Proposal for a directive Article 11 – paragraph 2

Text proposed by the Commission Amendment

2. Member States shall take the 2. Member States shall take the measures necessary to protect workers, measures necessary to protect workers, including those who are workers’ including those who are workers’ representatives, from any adverse treatment representatives or trade union members or by the employer and from any adverse representatives, from any adverse consequences resulting from a complaint treatment by the employer or third parties lodged with the employer or resulting from and from any adverse consequences any proceedings initiated with the aim of resulting from a complaint lodged with the enforcing compliance with the rights employer or resulting from any relating to statutory minimum wages or proceedings initiated with the aim of minimum wage protection provided by enforcing compliance with the applicable collective agreements. law and enabling the exercise of rights relating to statutory minimum wages or minimum wage protection provided by collective agreements.

Or. it

Amendment 876 Jessica Polfjärd, Sara Skyttedal, Tomas Tobé, Jörgen Warborn, Arba Kokalari, David Lega

Proposal for a directive Article 11 – paragraph 2

Text proposed by the Commission Amendment

2. Member States shall take the 2. Member States shall in accordance measures necessary to protect workers, with their national laws and practices, including those who are workers’ and where applicable take the measures representatives, from any adverse treatment necessary to protect workers, including by the employer and from any adverse those who are workers’ representatives, consequences resulting from a complaint from any adverse treatment by the lodged with the employer or resulting from employer and from any adverse any proceedings initiated with the aim of consequences resulting from a complaint enforcing compliance with the rights lodged with the employer or resulting from relating to statutory minimum wages or any proceedings initiated with the aim of

AM\1231713EN.docx 423/443 PE692.765v02-00 EN minimum wage protection provided by enforcing compliance with the rights collective agreements. relating to statutory minimum wages or minimum wage protection provided by collective agreements.

Or. en

Amendment 877 Sandra Pereira, José Gusmão

Proposal for a directive Article 11 – paragraph 2

Text proposed by the Commission Amendment

2. Member States shall take the 2. Member States shall take the measures necessary to protect workers, measures necessary to protect workers, including those who are workers’ including those who are workers’ representatives, from any adverse treatment representatives, from any adverse treatment by the employer and from any adverse by the employer and from any adverse consequences resulting from a complaint consequences resulting from a complaint lodged with the employer or resulting from lodged with the employer or resulting from any proceedings initiated with the aim of any proceedings initiated with the aim of enforcing compliance with the rights enforcing compliance with the rights relating to statutory minimum wages or established by law or agreement. minimum wage protection provided by collective agreements.

Or. pt

Amendment 878 Monica Semedo, Atidzhe Alieva-Veli, Jordi Cañas, Marie-Pierre Vedrenne, Ilana Cicurel, Samira Rafaela, Véronique Trillet-Lenoir, Stéphane Bijoux, Dragoș Pîslaru, Sylvie Brunet

Proposal for a directive Article 11 – paragraph 2

Text proposed by the Commission Amendment

PE692.765v02-00 424/443 AM\1231713EN.docx EN consequences resulting from a complaint employer and from any adverse lodged with the employer or resulting from consequences resulting from a complaint any proceedings initiated with the aim of lodged with the employer or resulting from enforcing compliance with the rights any proceedings initiated with the aim of relating to statutory minimum wages or enforcing compliance with the rights minimum wage protection provided by relating to statutory minimum wages or collective agreements. minimum wage protection provided by collective agreements.

Or. en

Amendment 879 Johan Danielsson, Heléne Fritzon, Marianne Vind

Proposal for a directive Article 11 – paragraph 2

Text proposed by the Commission Amendment

2. Member States shall take the 2. Member States shall take the measures necessary to protect workers, measures necessary to protect workers, including those who are workers’ including those who are workers’ representatives, from any adverse treatment representatives, from any adverse treatment by the employer and from any adverse by the employer and from any adverse consequences resulting from a complaint consequences resulting from a complaint lodged with the employer or resulting from lodged with the employer or resulting from any proceedings initiated with the aim of any proceedings initiated with the aim of enforcing compliance with the rights enforcing compliance with rights provided relating to statutory minimum wages or for in existing national law or collective minimum wage protection provided by agreements relating to minimum wage collective agreements. protection.

Or. en

Amendment 880 Abir Al-Sahlani, Nicola Beer, Svenja Hahn, Andreas Glück, Moritz Körner, Jan- Christoph Oetjen, Ulrike Müller, Engin Eroglu, Karen Melchior, Morten Løkkegaard, Linea Søgaard-Lidell, Asger Christensen, Søren Gade, Karin Karlsbro, Martina Dlabajová, Dita Charanzová, Martin Hlaváček, Ondřej Knotek, Ondřej Kovařík, Bart Groothuis, Caroline Nagtegaal, Malik Azmani, Jan Huitema, Liesje Schreinemacher

Proposal for a directive Article 11 – paragraph 2

AM\1231713EN.docx 425/443 PE692.765v02-00 EN Text proposed by the Commission Amendment

2. Member States shall take the 2. Member States shall take the measures necessary to protect workers, measures necessary to protect workers, including those who are workers’ including those who are workers’ representatives, from any adverse treatment representatives, from any adverse treatment by the employer and from any adverse by the employer and from any adverse consequences resulting from a complaint consequences resulting from a complaint lodged with the employer or resulting from lodged with the employer or resulting from any proceedings initiated with the aim of any proceedings initiated with the aim of enforcing compliance with the rights enforcing compliance with rights provided relating to statutory minimum wages or for in existing national law or collective minimum wage protection provided by agreements relating to minimum wage collective agreements. protection

Or. en

Amendment 881 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 11 – paragraph 2 a (new)

Text proposed by the Commission Amendment

2a. Member States shall ensure that, after possible recourse to conciliation, judicial procedures for the enforcement of rights and obligations are available to all workers who consider themselves wronged by a failure to apply these provisions. Such procedures shall be easily accessible to workers and to those who act on their behalf, even after the labour relationship in which the breach is alleged to have occurred has ended.

Or. en

Amendment 882 Daniela Rondinelli, Chiara Gemma

PE692.765v02-00 426/443 AM\1231713EN.docx EN Proposal for a directive Article 11 – paragraph 2 a (new)

Text proposed by the Commission Amendment

2a. Freedom of movement of goods and capital, freedom to provide services, freedom of establishment and competition law must be understood in such a way that they do not restrict fundamental social rights or give rise to unfair competition in the internal market through wage dumping.

Or. it

Amendment 883 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 11 – paragraph 2 b (new)

Text proposed by the Commission Amendment

2b. Member States shall introduce a system of joint and several liability to ensure that the entire subcontracting chain is jointly held liable where the applicable requirements under this Directive are infringed.

Or. en

Amendment 884 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão, Marc Botenga

Proposal for a directive Article 11 a (new)

Text proposed by the Commission Amendment

Article 11 a

AM\1231713EN.docx 427/443 PE692.765v02-00 EN Social Progress Clause The free movement of goods, the free movement of capital, the freedom to provide services, the freedom of establishment and competition law are to be construed and interpreted in such a way that they do not limit or govern fundamental social rights and principle, including the freedom of association, the right to organise, the right to negotiate, conclude and enforce collective agreements and to take collective action as they are recognized in the relevant ILO Conventions, the Council of Europe European Convention on Human Rights and the European Social Charter, the Community Charter of Fundamental Social Rights of Workers and the EU Charter of Fundamental Rights. In case of conflict between laws, the exercise of fundamental social rights, including the freedom of association, the right to organise, the right to negotiate, conclude and enforce collective agreements and to take collective action, shall take precedence over economic freedoms.

Or. en

Amendment 885 Dominique Bilde

Proposal for a directive Article 12

Text proposed by the Commission Amendment

Article 12 deleted Penalties Member States shall lay down the rules on penalties applicable to infringements of national provisions. The penalties provided for shall be effective, proportionate and dissuasive.

PE692.765v02-00 428/443 AM\1231713EN.docx EN Or. fr

Amendment 886 Johan Danielsson, Heléne Fritzon, Marianne Vind

Proposal for a directive Article 12 – paragraph 1

Text proposed by the Commission Amendment

Member States shall lay down the rules on Member States shall, without prejudice to penalties applicable to infringements of specific forms of compensation and/or national provisions. The penalties provided contractual penalties provided for, where for shall be effective, proportionate and applicable, in rules on enforcement of dissuasive. collective agreements, lay down the rules on penalties applicable to infringements of existing national law or collective agreements relating to minimum wage protection. The penalties provided for shall be effective, proportionate and dissuasive.

Or. en

Amendment 887 Daniela Rondinelli, Chiara Gemma

Proposal for a directive Article 12 – paragraph 1

Text proposed by the Commission Amendment

Member States shall lay down the rules on Member States shall lay down the rules on penalties applicable to infringements of penalties applicable to infringements of national provisions. The penalties provided national provisions. The penalties provided for shall be effective, proportionate and for shall be effective, proportionate and dissuasive. dissuasive. Failure to comply with this Directive constitutes grounds for exclusion from public procurement contracts and direct and indirect European funding.

Or. it

AM\1231713EN.docx 429/443 PE692.765v02-00 EN Amendment 888 Monica Semedo, Atidzhe Alieva-Veli, Jordi Cañas, Marie-Pierre Vedrenne, Ilana Cicurel, Samira Rafaela, Véronique Trillet-Lenoir, Stéphane Bijoux, Dragoș Pîslaru, Sylvie Brunet

Proposal for a directive Article 12 – paragraph 1

Text proposed by the Commission Amendment

Member States shall lay down the rules on Member States shall lay down the rules on penalties applicable to infringements of penalties applicable to infringements of national provisions. The penalties provided national provisions adopted pursuant to for shall be effective, proportionate and this Directive or the relevant provisions dissuasive. already in force concerning the scope of this Directive. The penalties provided for shall be effective, proportionate and dissuasive.

Or. en

Amendment 889 Gheorghe Falcă, Eugen Tomac, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu Winkler, Daniel Buda, Vasile Blaga, Siegfried Mureşan, Ioan-Rareş Bogdan, Loránt Vincze, Cristian-Silviu Buşoi

Proposal for a directive Article 12 – paragraph 1

Text proposed by the Commission Amendment

Member States shall lay down the rules on Member States shall lay down the rules on penalties applicable to infringements of penalties applicable to infringements of national provisions. The penalties provided national provisions adopted pursuant to for shall be effective, proportionate and this Directive or the respective provisions dissuasive. already in force. The penalties provided for shall be effective, proportionate and dissuasive.

Or. en

Amendment 890 Jessica Polfjärd, Sara Skyttedal, Tomas Tobé, Jörgen Warborn, Arba Kokalari, David Lega

PE692.765v02-00 430/443 AM\1231713EN.docx EN Proposal for a directive Article 12 – paragraph 1

Text proposed by the Commission Amendment

Member States shall lay down the rules on The penalties laid down by the Member penalties applicable to infringements of States in accordance with their national national provisions. The penalties laws and practices shall be effective, provided for shall be effective, proportionate and dissuasive. proportionate and dissuasive.

Or. en

Amendment 891 Margarita de la Pisa Carrión

Proposal for a directive Article 12 a (new)

Text proposed by the Commission Amendment

Article 12a Small and medium-sized enterprises In implementing this Directive, Member States shall avoid imposing any administrative, financial and legal constraints, and shall offer support in the same areas so that job creation through the development of micro, small and medium-sized enterprises is not hindered.

Or. es

Amendment 892 Monica Semedo, Atidzhe Alieva-Veli, Jordi Cañas, Marie-Pierre Vedrenne, Abir Al- Sahlani, Ilana Cicurel, Samira Rafaela, Véronique Trillet-Lenoir, Stéphane Bijoux, Dragoș Pîslaru, Sylvie Brunet

Proposal for a directive Article 13 – paragraph 1

Text proposed by the Commission Amendment

Member States may entrust the social Member States shall, in accordance with

AM\1231713EN.docx 431/443 PE692.765v02-00 EN partners with the implementation of this their national law and practice, take Directive, where the social partners jointly adequate measures to ensure the effective request to do so. In so doing, the Member involvement of the social partners with a States shall take all necessary steps to view to implementing this Directive and ensure that the results sought by this may entrust the social partners with its Directive are guaranteed at all times. implementation, where the social partners jointly request to do so. In so doing, the Member States shall take all necessary steps to ensure that the results sought by this Directive are guaranteed at all times

Or. en

Amendment 893 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Article 13 – paragraph 1

Text proposed by the Commission Amendment

Member States may entrust the social Member States shall ensure the partners with the implementation of this comprehensive and timely consultation of Directive, where the social partners jointly social partners with regard to national request to do so. In so doing, the Member measure to implement this Directive and States shall take all necessary steps to may entrust the social partners with the ensure that the results sought by this implementation of this Directive, where the Directive are guaranteed at all times. social partners jointly request to do so. In so doing, the Member States shall take all necessary steps to ensure that the results sought by this Directive are guaranteed at all times.

Or. en

Amendment 894 Lukas Mandl

Proposal for a directive Article 13 – paragraph 1

Text proposed by the Commission Amendment

Member States may entrust the social In those Member States in which the partners with the implementation of this social partners are responsible for setting

PE692.765v02-00 432/443 AM\1231713EN.docx EN Directive, where the social partners jointly the wages, social partners are also to be request to do so. In so doing, the Member entrusted with the implementation of this States shall take all necessary steps to Directive. In all other Member States, the ensure that the results sought by this social partners can jointly request to do so. Directive are guaranteed at all times. In so doing, the Member States shall take all necessary steps to ensure that the results sought by this Directive are guaranteed at all times.

Or. en

Amendment 895 Jeroen Lenaers, Miriam Lexmann

Proposal for a directive Article 13 – paragraph 1

Text proposed by the Commission Amendment

Member States may entrust the social Member States may entrust the social partners with the implementation of this partners with the implementation of this Directive, where the social partners jointly Directive, where the social partners jointly request to do so. In so doing, the Member request to do so. In so doing, the Member States shall take all necessary steps to States shall take all necessary steps to ensure that the results sought by this ensure that the obligations set by this Directive are guaranteed at all times. Directive are complied with at all times.

Or. en

Amendment 896 Gheorghe Falcă, Eugen Tomac, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu Winkler, Daniel Buda, Vasile Blaga, Siegfried Mureşan, Ioan-Rareş Bogdan, Loránt Vincze, Cristian-Silviu Buşoi

Proposal for a directive Article 13 – paragraph 1

Text proposed by the Commission Amendment

AM\1231713EN.docx 433/443 PE692.765v02-00 EN Directive are guaranteed at all times. are complied with at all times.

Or. en

Amendment 897 Johan Danielsson, Heléne Fritzon, Marianne Vind

Proposal for a directive Article 13 – paragraph 1

Text proposed by the Commission Amendment

Member States may entrust the social Member States may entrust the social partners with the implementation of this partners with the implementation of this Directive, where the social partners jointly Directive, where the social partners jointly request to do so. In so doing, the Member request to do so. In so doing, the Member States shall take all necessary steps to States shall take all necessary steps to ensure that the results sought by this ensure that the obligations of this Directive Directive are guaranteed at all times. are applied with at all times.

Or. en

Amendment 898 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 14 – paragraph 1

Text proposed by the Commission Amendment

Member States shall ensure that the Member States shall ensure that the national measures transposing this national measures transposing this Directive, together with the relevant Directive, together with the relevant provisions already in force relating to the provisions already in force relating to the subject matter as set out in Article 1, are subject matter as set out in Article 1, are brought to the attention of workers and brought to the attention of workers and employers, including SMEs. employers, including SMEs, as well as the general public.

Or. en

PE692.765v02-00 434/443 AM\1231713EN.docx EN Amendment 899 Monica Semedo, Atidzhe Alieva-Veli, Jordi Cañas, Marie-Pierre Vedrenne, Ilana Cicurel, Samira Rafaela, Véronique Trillet-Lenoir, Stéphane Bijoux, Dragoș Pîslaru, Sylvie Brunet

Proposal for a directive Article 14 – paragraph 1

Text proposed by the Commission Amendment

Or. en

Amendment 900 Monica Semedo, Atidzhe Alieva-Veli, Jordi Cañas, Marie-Pierre Vedrenne, Ilana Cicurel, Samira Rafaela, Véronique Trillet-Lenoir, Stéphane Bijoux, Dragoș Pîslaru, Sylvie Brunet

Proposal for a directive Article 15 – paragraph 1

Text proposed by the Commission Amendment

The Commission shall conduct an The Commission shall conduct an evaluation of the Directive by [five years evaluation of the Directive by [five years after the date of transposition]. The after the date of transposition]. The Commission shall submit thereafter a Commission shall, after consulting the report to the European Parliament and the Member States and the social partners at Council reviewing the implementation of Union level, submit thereafter a report to the Directive and propose, where the European Parliament and the Council appropriate, legislative amendments. reviewing the implementation of the Directive and propose, where appropriate, legislative amendments.

Or. en

AM\1231713EN.docx 435/443 PE692.765v02-00 EN Amendment 901 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Article 15 – paragraph 1

Text proposed by the Commission Amendment

The Commission shall conduct an The Commission shall conduct an evaluation of the Directive by [five years evaluation of the Directive by [three years after the date of transposition]. The after the date of transposition]. The Commission shall submit thereafter a Commission shall submit thereafter a report to the European Parliament and the report to the European Parliament and the Council reviewing the implementation of Council reviewing the implementation of the Directive and propose, where the Directive and propose, where appropriate, legislative amendments. appropriate, legislative amendments.

Or. en

Amendment 902 Abir Al-Sahlani, Nicola Beer, Svenja Hahn, Andreas Glück, Moritz Körner, Jan- Christoph Oetjen, Ulrike Müller, Engin Eroglu, Morten Løkkegaard, Linea Søgaard- Lidell, Asger Christensen, Søren Gade, Karin Karlsbro, Bart Groothuis, Caroline Nagtegaal, Malik Azmani, Jan Huitema, Liesje Schreinemacher

Proposal for a directive Article 16 – title

Text proposed by the Commission Amendment

Non-regression and more favourable Non-regression, derogation and more provisions favourable provisions

Or. en

Amendment 903 Johan Danielsson, Heléne Fritzon, Marianne Vind

Proposal for a directive Article 16 – paragraph 1

Text proposed by the Commission Amendment

1. This Directive shall not constitute 1. This Directive shall not constitute valid grounds for reducing the general valid grounds for reducing the general

PE692.765v02-00 436/443 AM\1231713EN.docx EN level of protection already afforded to level of protection already afforded to workers within Member States. workers within Member States without affecting the contractual freedom of the social partners to negotiate and conclude collective agreements.

Or. en

Amendment 904 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Article 16 – paragraph 1

Text proposed by the Commission Amendment

1. This Directive shall not constitute 1. This Directive shall not constitute valid grounds for reducing the general valid grounds for reducing the general level of protection already afforded to level of protection already afforded to workers within Member States. workers within Member States such as the lowering of wage levels or the abolition of existing statutory minimum wages.

Or. en

Amendment 905 Sylvie Brunet, Marie-Pierre Vedrenne, Véronique Trillet-Lenoir, Stéphane Bijoux, Ilana Cicurel, Samira Rafaela, Yana Toom

Proposal for a directive Article 16 – paragraph 1

Text proposed by the Commission Amendment

1. This Directive shall not constitute 1. This Directive shall not constitute valid grounds for reducing the general valid grounds for reducing the general level of protection already afforded to level of protection, including, inter alia, workers within Member States. the existing levels of statutory minimum wages, already afforded to workers within Member States.

Or. en

AM\1231713EN.docx 437/443 PE692.765v02-00 EN Amendment 906 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 16 – paragraph 1

Text proposed by the Commission Amendment

1. This Directive shall not constitute 1. This Directive shall not constitute valid grounds for reducing the general valid grounds for reducing the general level of protection already afforded to level of protection already afforded to workers within Member States. workers within Member States, particularly with regard to income support mechanisms.

Or. en

Amendment 907 Abir Al-Sahlani, Nicola Beer, Svenja Hahn, Andreas Glück, Moritz Körner, Jan- Christoph Oetjen, Ulrike Müller, Engin Eroglu, Morten Løkkegaard, Linea Søgaard- Lidell, Asger Christensen, Søren Gade, Karin Karlsbro, Bart Groothuis, Caroline Nagtegaal, Malik Azmani, Jan Huitema, Liesje Schreinemacher

Proposal for a directive Article 16 – paragraph 2

Text proposed by the Commission Amendment

2. This Directive shall not affect 2. Member States where wage setting Member States’ prerogative to apply or to is ensured mainly via collective introduce laws, regulations or agreements shall be derogated from this administrative provisions which are more Directive; while this Directive shall not favourable to workers or to encourage or affect Member States prerogative to apply permit the application of collective or to introduce laws, regulations or agreements which are more favourable to administrative provisions which are more workers. favourable to workers or to encourage or permit the application of collective agreements which are more favourable to workers.

Or. en

Amendment 908 Johan Danielsson, Heléne Fritzon, Marianne Vind

PE692.765v02-00 438/443 AM\1231713EN.docx EN Proposal for a directive Article 16 – paragraph 2

Text proposed by the Commission Amendment

2. This Directive shall not affect 2. This Directive shall not affect Member States’ prerogative to apply or to Member States’ prerogative to apply or to introduce laws, regulations or introduce laws, regulations or administrative provisions which are more administrative provisions which are more favourable to workers or to encourage or favourable to workers or to encourage or permit the application of collective permit the application of collective agreements which are more favourable to agreements. workers.

Or. en

Amendment 909 Mounir Satouri on behalf of the Greens/EFA Group

Proposal for a directive Article 16 – paragraph 2 a (new)

Text proposed by the Commission Amendment

2a. Nothing in this Directive shall be interpreted as restricting or adversely affecting workers' and trade union rights as recognised by Union law or international law and by international agreements to which the Union or the Member States are party, including the European Social Charter signed at Turin on 18 October 1961 and the relevant Conventions and Recommendations of the International Labour Organisation.

Or. en

Amendment 910 Jessica Polfjärd, Sara Skyttedal, Tomas Tobé, Jörgen Warborn, Arba Kokalari, David Lega

AM\1231713EN.docx 439/443 PE692.765v02-00 EN Proposal for a directive Article 16 – paragraph 3

Text proposed by the Commission Amendment

3. This Directive is without prejudice 3. This Directive is without prejudice to any other rights conferred on workers by to any rights conferred on workers by other other legal acts of the Union. legal acts of the Union.

Or. en

Amendment 911 Gheorghe Falcă, Eugen Tomac, Mircea-Gheorghe Hava, Marian-Jean Marinescu, Iuliu Winkler, Vasile Blaga, Siegfried Mureşan, Ioan-Rareş Bogdan, Loránt Vincze, Cristian- Silviu Buşoi

Proposal for a directive Article 16 – paragraph 3

Text proposed by the Commission Amendment

Or. en

Amendment 912 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

Proposal for a directive Article 16 – paragraph 3 a (new)

Text proposed by the Commission Amendment

3a. Nothing in this Directive shall be interpreted as restricting or adversely affecting workers´ and trade union rights as recognised by Union law or international law and by international agreements to which the Union or the Member States are party, including the European Social Charter signed at Turin on 18 October 1961 and the relevant Conventions and Recommendations of the

PE692.765v02-00 440/443 AM\1231713EN.docx EN International Labour Organisation.

Or. en

Amendment 913 Peter Lundgren

Proposal for a directive Article 16 a (new)

Text proposed by the Commission Amendment

Article 16 a This Directive shall not apply to the Kingdom of Sweden in any of its provisions.

Or. en

Justification

The Swedish labour market model have brought great stability and labour peace which is seriously at threat if the EU should set wages instead.

Amendment 914 Peter Lundgren

Proposal for a directive Article 17 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

1. Member States shall adopt the 1. Member States shall adopt the measures necessary to comply with this measures necessary to comply with this Directive by [two years from the date of Directive by [four years from the date of entry into force]. They shall immediately entry into force]. They shall immediately inform the Commission thereof. inform the Commission thereof.

Or. en

Amendment 915 Özlem Demirel, Eugenia Rodríguez Palop, Konstantinos Arvanitis, José Gusmão

AM\1231713EN.docx 441/443 PE692.765v02-00 EN Proposal for a directive Article 17 – paragraph 2

Text proposed by the Commission Amendment

2. Member States shall communicate 2. Member States shall communicate to the Commission the text of the main to the Commission the text of the main measures of national law which they adopt measures of national law which they adopt in the field covered by this Directive. in the field covered by this Directive and how social partners have been involved in the transposition.

Or. en

Amendment 916 Lukas Mandl, Sara Skyttedal

Proposal for a directive Article 19 – paragraph 1

Text proposed by the Commission Amendment

This Directive is addressed to the Member This Directive is addressed to the Member States. States except Austria, Denmark and Sweden.

Or. en

Amendment 917 Sara Skyttedal, Jessica Polfjärd, Lukas Mandl, Petri Sarvamaa, Pernille Weiss, David Lega, Tomas Tobé, Arba Kokalari, Jörgen Warborn

Proposal for a directive Article 19 – paragraph 1

Text proposed by the Commission Amendment

This Directive is addressed to the Member This Directive is addressed to the Member States. States except Denmark and Sweden.

Or. en

PE692.765v02-00 442/443 AM\1231713EN.docx EN Amendment 918 Johan Danielsson, Heléne Fritzon, Marianne Vind

Proposal for a directive Article 19 – paragraph 1

Text proposed by the Commission Amendment

This Directive is addressed to the Member This Directive is addressed to the Member States. States except Denmark and Sweden.

Or. en

AM\1231713EN.docx 443/443 PE692.765v02-00 EN