Activities of Tomáš ZDECHOVSKÝ related to 2022/0131(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State (recast)
Amendments (8)
Amendment 93 #
Proposal for a directive
Recital 31
Recital 31
(31) To reinforce the equal treatment of third-country workers, Member States should provide for effective, proportionate and dissuasive penalties against employers in the event of infringements of national provisions adopted pursuant to this Directive, in particular with regard to working conditions, freedom of association and affiliation and access to social security benefits.
Amendment 103 #
Proposal for a directive
Recital 33
Recital 33
(33) It should also be possible for Member States should alsto put in place effective mechanisms through which third-country workers may seek legal redress and lodge complaints directly or through third parties having, in accordance with the criteria laid down by the national law, a legitimate interest in ensuring compliance with this Directive, such as trade unions or other associations, or competent authorities. That is considered necessary to address situations where third- country workers are unaware of the existence of enforcement mechanisms or hesitant to use them in their own name, for example out of fear of possible consequences.
Amendment 196 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point a
Article 11 – paragraph 3 – subparagraph 1 – point a
(a) require that a change of and in employerment be communicated to the competent authorities in the Member State concerned, in accordance with procedures laid down in national law,
Amendment 204 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2
Article 11 – paragraph 3 – subparagraph 2
The right of the single permit holder to pursue such a change of employer may be suspended for a maximum of 30 days while the Member State concerned checks the labour market situation and verifies that the requirements laid down by Union or national law are fulfilled. The time limit may be extended in exceptional circumstances linked to the complexity of the check. The Member State concerned may oppose the change of employment within those 30 days.
Amendment 208 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Within the period of validity referred to in paragraph 1, the single permit shall not be withdrawn during a period of at least threewo months in the event of unemployment of its holder. Member States shall allow the third-country national to stay in their territory until the competent authorities have taken a decision in accordance with paragraph 3, point (b), as relevant, even if that period of at least three months expired.
Amendment 218 #
Proposal for a directive
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
Amendment 230 #
Proposal for a directive
Article 12 – paragraph 1 – point h a (new)
Article 12 – paragraph 1 – point h a (new)
(ha) freedom of association and affiliation and membership of an organisation representing workers or employers or of any organisation whose members are engaged in a specific occupation, including the benefits conferred by such organisations, without prejudice to the national provisions on public policy and public security;
Amendment 246 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall provide for measures to prevent possible infringements by employers of national provisions adopted pursuant to Article 12. Preventive measures shall include monitoring, assessment and, where appropriate, adequate inspections in accordance with national law or administrative practice.