Member States are continuing to relax the “framework directive” for setting adequate minimum wages, according to a new version submitted by the Slovenian Presidency of the EU Council, which is due to be discussed in a working group on Tuesday 19 October.
According to this new version, dated 12 October, it is understood that the Member States, under pressure from certain Scandinavian and Eastern European countries, have further safeguarded the autonomy of the social partners and the principle of subsidiarity.
Thus, the proposal to develop national action to achieve 70% coverage of collective agreements is now seen as an indicative threshold and not as a target.
It is clearly stated in Article 1 that this Directive applies in accordance with national competences (according to Article 153(5) TFEU). Furthermore, Member States are not obliged to put an action plan in place to achieve coverage of collective agreements, if the social partners establish one.
Member States want to loosen the conditions for introducing variations and deductions on statutory minimum wages for specific groups of workers. Where the European Commission indicated that such provisions should be limited in time and objectively justified, the Member States propose keeping only the non-discrimination and proportionality criteria.
On monitoring, where the European Commission proposed an annual report, the Member States prefer a report every 2 years and introduced derogation provisions on certain aspects of collective agreements.
As for sanctions, it is clearly stated that Member States determine the sanctions regime insofar as minimum wage rights and obligations are provided for by national legislation or collective agreements.
The Slovenian Presidency of the EU Council is aiming for a general approach in December (see EUROPE 12795/17).
To access the Slovenian proposal: https://bit.ly/3E79Dof (Original version in French by Pascal Hansens)