Legislative work on the Pay Transparency Directive (see EUROPE 12671/1) is progressing slowly in the Council of the European Union. On Monday 18 October, the Working Group on Social Questions discussed some new amendment proposals drawn up by the Slovenian Presidency of the EU Council.
However, these are still limited to chapters I (General provisions) and II (Pay transparency) of the future directive. The content of the remaining chapters reportedly requires more extensive consultation within the various national governments.
The new proposals submitted by the Slovenian Presidency to the working group - of which EUROPE has obtained a copy - therefore concern broadly the same fields as those already reviewed at the end of September (see EUROPE 12798/18).
New organisations. Among the novelties suggested by Ljubljana, however, is the addition of a recital, in which it is specified that States are not obliged to “establish new bodies for the purposes of the Directive”.
The European Commission, in its original proposal, had also suggested that certain tasks be entrusted to existing national equality bodies (see EUROPE 12769/19). However, this would have required the EU27 to set up specific bodies, for example to monitor the implementation of the Directive.
In its new recital, however, the EU Council Presidency insists that all “tasks deriving from the Directive may be conferred to the established bodies, including social partners, in accordance with the national law and/or practice”.
Definitions. Some changes have also been made to certain definitions.
In the previous draft compromise, the concept of “workers’ representatives” was clarified. Its definition here has been slightly revised, and it now presents workers’ representatives as “a trade union, elected representatives or any other person [...] entitled to represent a worker in accordance with national competence, circumstances and practices”.
A new recital further states that “Member States should have the possibility to take into account national circumstances and different roles regarding workers’ representation”.
Further clarifications have also been made to the definition of “complementary or variable components” that should be taken into account in order to detect pay inequalities. The Presidency had added a list of examples illustrating these elements (bonuses, housing allowances, etc.). It now emphasises that it is, more broadly, “any benefits in addition to the ordinary basic or minimum wage, which the worker receives directly or indirectly, whether in cash or in kind”.
In the European Parliament, work on this issue is progressing more quickly. A draft report has already been presented and debated in the relevant parliamentary committee (see EUROPE 12802/18), and work on the amendments is ongoing. The vote on the negotiating position is currently scheduled for 9 December. (Original version in French by Agathe Cherki)