EXP Legal
quinta-feira, 18 abril 2024 09:52
EXP Legal ingressa na ITALCAM de São Paulo para fortalecer seu Dep. Brasileiro
EXP Legal tem o orgulho de anunciar sua adesão à Câmara Ítalo-Brasileira de Comércio, Indústria e Agricultura de São Paulo.
Esse passo estratégico fortalece ainda mais o Departamento Brasileiro do escritório, estabelecido em 2023, liderado por Claudio Scaramella e dedicado à prestação de serviços jurídicos e à expansão de oportunidades de negócios entre a Itália e o Brasil.
A parceria com a Câmara de Comércio Ítalo-Brasileira permite a integração de EXP Legal em uma ampla rede profissional e institucional. Por meio dessa aliança, EXP Legal proporcionará um suporte inigualável às empresas italianas e brasileiras em sua internacionalização, abrangendo aspectos críticos como a entrada no mercado, a gestão fiscal e tributária, a criação de entidades jurídicas, a negociação de contratos, a proteção da propriedade intelectual, entre outros.
O advogado Claudio Scaramella, responsável pela EXP Legal na Câmara, declarou: "Estou profundamente honrado em representar EXP Legal em nossa nova parceria com a Italcam de São Paulo. Essa aliança representa não apenas uma oportunidade extraordinária de expandir nossa abrangência e eficiência na conexão entre empresas italianas e brasileiras, mas também um atestado de confiança e de reconhecimento de nosso trabalho. Nossa missão é auxiliar as empresas durante o processo de internacionalização, fornecendo consultoria jurídica específica e estratégias personalizadas para navegar com sucesso pelas complexidades de ambos os mercados. Olhamos para o futuro com entusiasmo, determinados a construir pontes cada vez mais fortes entre os dois países e a promover o desenvolvimento de relações comerciais prósperas e duradouras".
A Câmara de Comércio Ítalo-Brasileira de São Paulo, com sua longa história de promoção de relações comerciais entre os dois países e sua extensa rede no Estado de São Paulo, Mato Grosso, Mato Grosso do Sul, Rondônia e Acre, representa um parceiro ideal para empresas interessadas em expandir seus horizontes no Brasil.
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quinta-feira, 07 março 2024 10:54
The Modernization of Cosmetics Regulation Act: A New Era of Safety and Compliance
Introduction
In today's world, where the average American uses between six to twelve cosmetic products daily - from makeup and perfumes to skincare and haircare products - the safety of these items is more crucial than ever.
Recognizing this, the MoCRA - Modernization of Cosmetics Regulation Act of 2022 (entered into force last December 29, 2023) marks a monumental step forward, representing the most significant expansion of the Food and Drug Administration's (FDA) authority over cosmetics since the Federal Food, Drug, and Cosmetic (FD&C) Act of 1938.
MoCRA's introduction is a response to growing concerns over the safety of cosmetic products that are an integral part of daily life for millions. It establishes a new framework aimed at ensuring the well-being of consumers through enhanced regulatory measures, mandatory reporting, and adherence to Good Manufacturing Practices (GMP).
Key Provisions and What They Mean for Consumers and Industry
Enhanced FDA Authority: under MoCRA, the FDA gains new powers, including access to records related to a cosmetic product's safety and the authority to mandate recalls if a product is found to be adulterated or misbranded, posing serious health risks.
Mandatory Adverse Event Reporting: manufacturers, packers, or distributors - termed as "responsible persons" - are now required to report serious adverse events to the FDA within 15 business days. This includes providing product labels and any new medical information about the event within a year of the initial report. This measure aims to ensure swift action to prevent harmful products from affecting more consumers.
Facility Registration and Product Listing: facilities that manufacture or process cosmetics for distribution in the U.S. must register with the FDA and renew every two years. Responsible persons are also required to list each marketed cosmetic product, including ingredients, ensuring the FDA has a comprehensive database to monitor and regulate the market effectively.
Safety Substantiation: companies must demonstrate the safety of their products, maintaining records that support their safety claims. While specific tests are not mandated, the data used must be derived from scientifically robust methods, ensuring consumer safety is not compromised.
Good Manufacturing Practice (GMP) Requirements: MoCRA will see the introduction of GMP requirements for cosmetic product facilities, a move aimed at standardizing the quality and safety of cosmetic products. This aligns with practices across other sectors regulated by the FDA, ensuring that cosmetics are produced under conditions that prevent contamination and ensure consistency.
Exemptions for Small Businesses: recognizing the potential burden on small businesses, MoCRA includes exemptions from GMP, registration, and product listing requirements for certain small business operations. However, this exemption does not apply to products with higher risk profiles, such as those intended for internal use or that come into contact with the eye's mucus membranes.
Implications and Moving Forward
The enactment of MoCRA is a significant milestone in consumer protection and industry regulation.
For consumers, it brings the assurance that the cosmetic products they use daily are subjected to stringent safety standards and monitoring. For the industry, while it introduces new compliance requirements, it also offers a framework for ensuring product safety and quality, potentially increasing consumer trust and market stability.
Companies in the cosmetic industry must now adapt to these new regulations, ensuring their products meet the FDA's safety and reporting standards.
As these changes take effect, our law firm is here to help businesses navigate the complexities of compliance, ensuring they meet their obligations under MoCRA while continuing to innovate and serve consumers safely.
In conclusion, MoCRA represents a significant step forward in the regulation of cosmetic products, offering enhanced protection for consumers and a clear framework for industry compliance. As we move into this new era of cosmetic regulation, the emphasis on safety, transparency, and responsibility has never been more important.
For more information on MoCRA compliance and how it may affect your business, feel free to contact our legal team specialized in FDA regulatory affairs.
sexta-feira, 16 fevereiro 2024 09:16
EXP Legal and Polimeni & Bianchi Fasani forge new Italy-U.S. alliance for global legal services
PRESS RELEASE
Rome/Miami - February 15, 2024
EXP Legal and Polimeni & Bianchi Fasani forge new Italy-U.S. alliance for global legal services
EXP Legal Law Firm and US attorneys Alberto Polimeni and Beatrice Bianchi Fasani are proud to announce their strategic alliance and, effective January 2024, the establishment of “EXP Legal with Polimeni & Bianchi Fasani, PLLC”, with offices in Rome, Milan and Miami.
This partnership creates a multi-practice firm with both Italian and American professionals, building upon Polimeni, Bianchi Fasani and EXP Legal's extensive experience in the Italian and American markets, particularly in Florida.
In announcing the strategic alliance, Antonello Corrado, Managing Partner of EXP Legal, emphasized the significance of this partnership in the context of the firm's international expansion: "This alliance represents a significant step in our commitment to providing comprehensive and tailored legal services to Italian businesses aiming for expansion in the United States and vice versa. We are excited to join forces with a team of high-caliber professionals like Alberto Polimeni and Beatrice Bianchi Fasani to deliver top-notch legal solutions that ensure the success and prosperity of our clients in such a dynamic and competitive market as Florida and the United States at large".
Alberto Polimeni and Beatrice Bianchi Fasani will lead EXP Legal Miami office and join the firm as partners, enhancing the Departments of Corporate and Business Law, Taxation and Tax Planning, Immigration Law, and Litigation & Arbitration.
According to Alberto Polimeni: "The vision of the new team should be focused on establishing a center of legal excellence where Italian and American legal expertise converge, offering unparalleled support for international ventures and ensuring our clients' success in the global market". Beatrice Bianchi Fasani on the new firm’s mission stated: “In leading EXP Legal's Miami office, our goal is to establish a global legal hub, serving as a pivotal resource for American enterprises eyeing opportunities in Italy and Europe, and for Italian businesses seeking to expand into the USA”.
This strategic alliance underscore EXP Legal's commitment to providing comprehensive support to Italian companies and business entities, looking to expand into the United States, as well as American companies seeking opportunities in EU.
With a special focus on cross-border corporate operations, the firm is now poised to offer in the two jurisdictions a full range of legal services, including M&A, corporate law, contract law, international trade law, real estate, tax planning and compliance, litigation & arbitration, estate and asset protection planning, paymaster services, and immigration law.
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quarta-feira, 06 dezembro 2023 11:41
Stefano Rossi new Partner of the Firm
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terça-feira, 05 dezembro 2023 09:43
ILN 10th Ed. of "Establishing a Business Entity: An International Guide"
EXP Legal is a member of the International Lawyers Network, which facilitates personal relationships among lawyers in mid-sized law firms all over the world, allowing us to confidently operate in a global marketplace while retaining our independence and local expertise.
ILN is in the top 2% of law firm networks globally and have more than 90 high-quality, full-service, and specialized law firms with over 5,000 lawyers in 67 countries on 6 continents.
We've developed strong relationships with other corporate colleagues all over the world, which help keep us on the cutting edge of worldwide trends and issues in corporate law and allows EXP Legal to confidently cover client's needs wherever they may have them.
The ILN has announced the tenth edition of their corporate guide, "Establishing a Business Entity: An International Guide," which we thought you would find valuable.
The collaborative electronic guide provides a summary of key corporate law principles in 44 jurisdictions internationally. It is designed to serve as a quick and practical reference for those with corporate needs in these jurisdictions.
Some of the key jurisdictions highlighted in the guide, which you may find of value, include Italy and EXP Legal has contributed to the development of the Italian jurisdiction section of the guide.
To view the guide, please click here: https://bit.ly/ILNCorporate10th
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quarta-feira, 08 novembro 2023 09:46
A Importância da Proteção da IP em Estratégias de Internacionalização
In the globalized economy, business internationalization is a key strategic tool for accessing new markets, enhancing competitiveness, and fostering innovation. Within this framework, the protection of intellectual and industrial property (IP) is a critical aspect to ensure sustainable success for business expansion across national borders.
Intellectual and industrial property includes patents, trademarks, designs, copyrights, and trade secrets.
Investing in their protection ensures the safeguarding of the results of creativity and investment, guaranteeing that innovations and creativity are exploited exclusively by the company that generated them. This not only provides a competitive edge but also shields the company from potential counterfeit or imitation that could harm reputation and sales.
When dealing with international importers and distributors, the risk of inadequately negotiating IP-related clauses is substantial.
These partners may not share the same commitment to IP protection or could, in some cases, leverage the company's know-how to their advantage without proper authorization. This translates into a potential loss of control over how products are marketed, which can lead to brand value dilution or, worse, direct infringement of intellectual property rights.
To safeguard at the contractual level, companies can implement several strategies to mitigate the risks of intellectual property infringement.
For instance, including confidentiality and non-disclosure clauses in agreements requires partners to keep business information and data secret. Additionally, usage licenses clearly outline how and where the intellectual properties, such as patents and trademarks, can be used, and for how long.
Moreover, contractual agreements might feature penalty clauses for non-compliance, acting as a deterrent against potential misuse. It is also crucial to incorporate clauses that allow for periodic audits of distributors and importers to ensure they adhere to the contract terms.
In conclusion, for businesses venturing into international markets, it is imperative to integrate IP protection into their expansion strategy. This involves conducting in-depth analyses of the legal requirements in different countries, registering rights in relevant jurisdictions, and negotiating contracts that reflect adequate protection and respect for intellectual property.
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quinta-feira, 01 setembro 2022 08:05
Attorney Antonello Corrado among the candidates for the new Board of the IACCSE
Until August 29th, 2022, it will be possible for the Members of the Italy-America Chamber of Commerce Southeast (IACCSE) to vote for the renewal, through online voting, of the new Board of Directors of the Chamber for 2022-2025.
Among the 20 Candidates identified by the IACCSE Compliance Committee and qualified for this election in accordance with the Chamber's Bylaws, no more than 11 Board positions will be elected.
Mr. Antonello Corrado, Senior Founding Partner of EXP Legal – Italian and International Firm - with offices in Rome and Milan, Premium Member of IACCSE and its “Antenna” for Rome and Center-South Italy, is one of the 20 Candidates for the new Board positions. He and his firm members have participated as speakers in several initiatives of the Business Expert Channel and to the 2019 and 2022 MeetUS events organized by IACCSE. Several videos are online on BEC/ bec.iaccse.com/i-video/. .
The experience acquired in the complex areas of business and corporate law, accompanied by a keen sensitivity and broad vision of management and operational issues of legal entities, have already earned Mr. Corrado the appointment as member of the Board of Directors and Board of Statutory Auditors of commercial companies, non-profit organizations, as well as cultural multinational associations.
“If elected I would be an Italian based member, although frequent traveler to Miami and the other IACCSE Countries and my effort and objective will be the strengthening of the relationship between IACCSE and the Italian economic and business community” says Antonello Corrado “shortening and streamlining the path between the countries towards which the Chamber directs its activity”.
The Chamber will benefit from Antonello’s consolidated relationship with the U.S. Embassy in Italy, so as to act as a "bridge" between IACCSE and the U.S. Embassy and Consulates in Italy, increasing the Chamber’s reputation with the American diplomatic authorities.
The longtime community leader Attorney Arthur Furia says: “I am thrilled that Antonello seeks to join our prestigious board which I’ve proudly supported since 1990 and served as president in the 90’s. Antonello will be a unique and distinctive board member, a consummate team player, he has helped me going back to early IACC, NIAF , Miami Dade College , Milan Expo, and State of Florida trade missions and initiatives for over past 20 years. As he is already supporting IACCSE at highest membership level, his deep leadership with the Italian business community will put him in the best position to assist our members fine tune the initiatives undertaken in Southeast USA. I proudly offer this testimonial to enlist your vote for a great professional & individual who will join our other worthy and successful candidates. We will be very well served with Antonello on the team.”
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quinta-feira, 15 dezembro 2022 08:05
ILN 7th Ed. of "Buying & Selling Real Estate: An Int'l Guide"
EXP Legal is a member of the International Lawyers Network, which facilitates personal relationships among lawyers in mid-sized law firms all over the world, allowing our Firm to confidently operate in a global marketplace while retaining our independence and local expertise.
ILN is in the top 20 of law firm networks globally, with 91 high-quality, full-service, and specialized law firms with over 5,000 lawyers in 67 countries on 6 continents.
We've developed strong relationships with other real estate colleagues all over the world, which help keep us on the cutting edge of worldwide trends and issues in real estate law and allow us to confidently cover all clients needs wherever they may have.
The ILN has announced the 7th edition of their real estate guide, "Buying & Selling Real Estate: An International Guide," which we thought you would find valuable.
The collaborative electronic guide provides a summary of key real estate law principles in 30 jurisdictions internationally, which has expanded by two chapters over last year's edition.
It is designed to serve as a quick and practical reference for those buying and selling real estate in these jurisdictions.
One of the key jurisdictions highlighted in the guide, which you may find of value, include Italy to which our Senior Partner Giorgio Cherubini and Partner Giuseppina De Stefano contributed as authors.
To view the guide, please click here.
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quinta-feira, 01 junho 2023 08:00
Claudio Scaramella joins EXP Legal
Com imenso prazer, EXP Legal anuncia que Claudio Scaramella se juntará à firma, efetivo a partir de 1 de junho de 2023.
Claudio Scaramella, advogado corporativo na Itália, contribuirá significativamente para o Departamento de Internacionalização de Negócios da EXP Legal e assumirá o papel de chefe do Departamento de Propriedade Intelectual.
Claudio Scaramella acumulou vasta experiência no campo da internacionalização de negócios no Brasil, onde construiu uma valiosa rede de contatos. Seu profundo entendimento do mercado brasileiro é uma oportunidade inestimável para investidores e empresas interessadas em explorar ou fortalecer sua presença neste ambiente dinâmico.
Antonello Corrado e Giorgio Cherubini, parceiros sênior da EXP Legal, concordam que "a entrada de Claudio Scaramella na firma é de grande valor e representa uma oportunidade para fortalecer a prática internacional da firma, consistente com sua estratégia e visão e perfeitamente integrada com a capacidade de operar em cenários internacionais e online com firmas e profissionais italianos e internacionais com os quais a EXP Legal mantém relações consolidadas".
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terça-feira, 05 julho 2022 07:48
EU directive proposal about minimum wage
With the economic downturn of the Covid crisis, hitting sectors with a higher share of low-wage workers, and recently the record-high inflation due to the war in Ukraine, the European Union has been urged to find a compromise to ensure that minimum wages are set at an adequate level, and workers can earn a decent living.
This project was already drafted for several years. In 2017, the proclamation of the European Pillar of Social Rights and its principle calling for adequate minimum wages as well as for transparent and predictable wage setting to be put in place served as the basis for the two-stage consultation of the social partners on how to ensure adequate minimum wages for workers in the Union. Finally, on the 7th of June 2022 was reached a provisional political agreement on the draft directive on adequate minimum wages in the EU.
Having a convergence across the Member States about adequate wages contribute, from an economic perspective to a prosperity in social market economy and to a sustainable and inclusive economic recovery, while from a social perspective, support social progress and gender equality since more women than man earns wages at or around the minimum wage.
I. DISPARATE APPLICATIONS OF MINIMUM WAGE PROTECTION IN THE EU
The minimum wage protection exists in all Member States, but it is applied differently from one to another.
As a matter of fact, for twenty-one States, there is a legal protection on statutory minimum wages coupled with collective agreements. Therefore, in Spain the minimum wage is EUR 1000 and was increased after an agreement with the coalition government partners and two of the country’s main trade union organizations.
For the six other Member States, the protection is provided exclusively through collective agreements. Hence, in Austria collective agreements are negotiated by trade unions and the Chamber of Commerce. As regard Italy, the worker’s wages in the private sector are established by collective agreements between trade unions and companies. Upon request, judges can also fix a minimum wage, binding only on the parties to an individual contract of employment. As for the public sector the Aran (Agenzia per la rappresentanza negoziale delle pubbliche amministrazioni) represents public administration’s employers in negotiating activities.
In practice, however, many workers are currently not protected by adequate minimum wages especially in Member States relying exclusively on collective bargaining. In the majority of Member States with national statutory minimum wages, minimum wages are too low vis-à-vis other wages or to provide a decent living, even if they have increased in recent years. Thus, 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 1/3 of Member States. This is partly because not all Member-States use an automatic wage indexation based on fluctuations in the prices of consumer goods or use it only to some sectors. In addition, specific groups of workers are excluded from the protection of national statutory minimum wages.
II. LEGAL BASIS TO ADOPT THE DIRECTIVE
The right to adequate minimum wage is integrated into the principle 6 of the European Pillar of Social Rights, proclaimed by the European Union in 2017, stating that “Workers have the right to fair wages that provide for a decent standard of living. Adequate minimum wages shall be ensured […] In-work poverty shall be prevented. Wages shall be set in a transparent and predictable way […] according to national practices and respecting the autonomy of the social partners.”
Based on this pillar, the Commission proposed a Directive on adequate minimum wages, based on the Article 153 (1) (b) of the TFEU on working conditions, coupled with the article 31(1) of the Charter of Fundamental Rights of the EU stating that “Every worker has the right to working conditions which respect his or her health, safety and dignity”. Those two legal provisions allow the Union, according to the principle of subsidiarity, to support and complement the action of Member States on working conditions, since there are “large differences in standards for accessing an adequate minimum wage” creating “important discrepancies in the Single Market” argued the Commission.
III. CONTENT OF THE DIRECTIVE
From the substance of the proposed Directive, 6 points should be enforced by Member States.
1. Member States shall promote the collective bargaining on wage-setting by promoting the building and strengthening of the capacity of the social partners to engage in collective bargaining and to encourage negotiation on wages among social partners. Moreover, where collective bargaining coverage is below a threshold of 70%, provide for a framework of enabling conditions for collective bargaining and encourage it (article 4);
2. The 21 Member States with statutory minimum wages are requested to put in place a procedural framework to set an update, negotiated between the state and the social partners, about statutory minimum wage taking at least every two years or at most every four years for states using an automatic indexation mechanism (article 5);
3. if they may allow different rates of statutory minimum wage for specific groups of workers, these variations have to be kept to a minimum and not be discriminatory, unproportionate and objectively and reasonably justified by a legitimate aim (article 6);
4. Then, Member States shall ensure that the social partners are involved in a timely and effective manner in statutory minimum wage setting and updated notably concerning the determination of statutory minimum wage levels or the establishment of variations and deductions in statutory minimum wages (article 7);
5. The Member States shall enhance an effective access of workers to statutory minimum wage protection by strengthening the controls and field inspections conducted by labour inspectorates - including reliable monitoring, controls and fields inspections to address abusive subcontracting, bogus self-employment and non-recorded overtime – (article 8) and by assuring that the information on statutory minimum wages is easily accessible (article 10a);
6. Finally, they shall ensure that workers have access to effective and impartial dispute resolution and a right to redress in the case of infringements of their rights relating to statutory minimum wages or minimum wage protection provided by collective agreement. Plus, they shall take the necessary measures to protect workers from any adverse treatment by the employer and from any adverse consequences resulting from a complaint or a proceeding concerning the rights relating to statutory minimum wages or minimum wage protection provided by collective agreements (article 11).
In that respect, the agreement reached the 7th of June will have to be confirmed by Coreper. This endorsement will be followed by a formal vote in both the Council and the European Parliament. Member States and the social partners will then have two years after the adoption of the Directive to transpose it and communicate to the Commission the national execution measures.
This project was already drafted for several years. In 2017, the proclamation of the European Pillar of Social Rights and its principle calling for adequate minimum wages as well as for transparent and predictable wage setting to be put in place served as the basis for the two-stage consultation of the social partners on how to ensure adequate minimum wages for workers in the Union. Finally, on the 7th of June 2022 was reached a provisional political agreement on the draft directive on adequate minimum wages in the EU.
Having a convergence across the Member States about adequate wages contribute, from an economic perspective to a prosperity in social market economy and to a sustainable and inclusive economic recovery, while from a social perspective, support social progress and gender equality since more women than man earns wages at or around the minimum wage.
I. DISPARATE APPLICATIONS OF MINIMUM WAGE PROTECTION IN THE EU
The minimum wage protection exists in all Member States, but it is applied differently from one to another.
As a matter of fact, for twenty-one States, there is a legal protection on statutory minimum wages coupled with collective agreements. Therefore, in Spain the minimum wage is EUR 1000 and was increased after an agreement with the coalition government partners and two of the country’s main trade union organizations.
For the six other Member States, the protection is provided exclusively through collective agreements. Hence, in Austria collective agreements are negotiated by trade unions and the Chamber of Commerce. As regard Italy, the worker’s wages in the private sector are established by collective agreements between trade unions and companies. Upon request, judges can also fix a minimum wage, binding only on the parties to an individual contract of employment. As for the public sector the Aran (Agenzia per la rappresentanza negoziale delle pubbliche amministrazioni) represents public administration’s employers in negotiating activities.
In practice, however, many workers are currently not protected by adequate minimum wages especially in Member States relying exclusively on collective bargaining. In the majority of Member States with national statutory minimum wages, minimum wages are too low vis-à-vis other wages or to provide a decent living, even if they have increased in recent years. Thus, 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 1/3 of Member States. This is partly because not all Member-States use an automatic wage indexation based on fluctuations in the prices of consumer goods or use it only to some sectors. In addition, specific groups of workers are excluded from the protection of national statutory minimum wages.
II. LEGAL BASIS TO ADOPT THE DIRECTIVE
The right to adequate minimum wage is integrated into the principle 6 of the European Pillar of Social Rights, proclaimed by the European Union in 2017, stating that “Workers have the right to fair wages that provide for a decent standard of living. Adequate minimum wages shall be ensured […] In-work poverty shall be prevented. Wages shall be set in a transparent and predictable way […] according to national practices and respecting the autonomy of the social partners.”
Based on this pillar, the Commission proposed a Directive on adequate minimum wages, based on the Article 153 (1) (b) of the TFEU on working conditions, coupled with the article 31(1) of the Charter of Fundamental Rights of the EU stating that “Every worker has the right to working conditions which respect his or her health, safety and dignity”. Those two legal provisions allow the Union, according to the principle of subsidiarity, to support and complement the action of Member States on working conditions, since there are “large differences in standards for accessing an adequate minimum wage” creating “important discrepancies in the Single Market” argued the Commission.
III. CONTENT OF THE DIRECTIVE
From the substance of the proposed Directive, 6 points should be enforced by Member States.
1. Member States shall promote the collective bargaining on wage-setting by promoting the building and strengthening of the capacity of the social partners to engage in collective bargaining and to encourage negotiation on wages among social partners. Moreover, where collective bargaining coverage is below a threshold of 70%, provide for a framework of enabling conditions for collective bargaining and encourage it (article 4);
2. The 21 Member States with statutory minimum wages are requested to put in place a procedural framework to set an update, negotiated between the state and the social partners, about statutory minimum wage taking at least every two years or at most every four years for states using an automatic indexation mechanism (article 5);
3. if they may allow different rates of statutory minimum wage for specific groups of workers, these variations have to be kept to a minimum and not be discriminatory, unproportionate and objectively and reasonably justified by a legitimate aim (article 6);
4. Then, Member States shall ensure that the social partners are involved in a timely and effective manner in statutory minimum wage setting and updated notably concerning the determination of statutory minimum wage levels or the establishment of variations and deductions in statutory minimum wages (article 7);
5. The Member States shall enhance an effective access of workers to statutory minimum wage protection by strengthening the controls and field inspections conducted by labour inspectorates - including reliable monitoring, controls and fields inspections to address abusive subcontracting, bogus self-employment and non-recorded overtime – (article 8) and by assuring that the information on statutory minimum wages is easily accessible (article 10a);
6. Finally, they shall ensure that workers have access to effective and impartial dispute resolution and a right to redress in the case of infringements of their rights relating to statutory minimum wages or minimum wage protection provided by collective agreement. Plus, they shall take the necessary measures to protect workers from any adverse treatment by the employer and from any adverse consequences resulting from a complaint or a proceeding concerning the rights relating to statutory minimum wages or minimum wage protection provided by collective agreements (article 11).
In that respect, the agreement reached the 7th of June will have to be confirmed by Coreper. This endorsement will be followed by a formal vote in both the Council and the European Parliament. Member States and the social partners will then have two years after the adoption of the Directive to transpose it and communicate to the Commission the national execution measures.
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