20 Amendments of Elena GENTILE related to 2016/0176(COD)
Amendment 26 #
Proposal for a directive
Recital 6
Recital 6
(6) The concept of highly skilled worker should replace the concept of highly qualified worker in order to emphasise that both formal educational qualifications and equivalent professional experience should be taken equally into account as criteria for admission. According to a Council Recommendation of 20 December 201232 , the validation of learning outcomes, namely competences (knowledge, skills and attitudes)33 acquired through non-formal and informal learning can play an important role in enhancing employability and mobility. It recommends Member States to have in place, no later than 2018, arrangements for the validation of non-formal and informal learning. As mechanisms and arrangements for the evaluation and validation of professional experience are not readily available in all Member States, an additionalthe transposition period of two years after the entry into force of this Directive should be provided for the provisions related to recognising professional experience in order to enable Member States, where necessary, to develop such mechanisms and for this Directive should take account of that factor to enable Member States, where necessary, to develop such mechanisms and arrangements. Member States should consult the social partners when developing such mechanisms and arrangements. Member States’' National Contact Points on the EU Blue Card should be involved in effective cooperation with stakeholders and networks in the education, training, employment and youth sectors, as well as other relevant policy areas, for the purpose of recognising professional experience under this Directive. __________________ 32 Council Recommendation of 20 December 2012 on the validation of non- formal and informal learning (2012/C 398/01) (OJ C 398, 22.12.2012, p. 1). 33 Recommendation of the European Parliament and of the Council of 18 December 2006 on key competences for lifelong learning (OJ L 394, 30.12.2006, p. 10).
Amendment 47 #
Proposal for a directive
Recital 17
Recital 17
(17) A lower salary threIn agreement with the social partners at all levels, Member States should should also be laid downbe entitled to lay down a lower salary threshold to benefit third-country nationals during a certain period after their graduation. This period should be granted each time that the third-country national reaches, when reaching a level of education relevant for the purposes of this Directive, namely levels 6, 7 or 8 of ISCED 2011, or levels 6, 7 or 8 of EQF, according to the national law of the Member State concerned. It should apply whenever the third-country national applies for an initial or renewed EU Blue Card within three years from the date of obtaining the qualifications and in addition, when that third-country national applies for a first renewal of the EU Blue Card and the initial EU Blue Card was issued for a period shorter than 24 months. After these grace periods – which may run in parallel – have elapsed the young professionals can be reasonably expected to have gained sufficient professional experience in order to fulfil the regular salary threshold.
Amendment 53 #
Proposal for a directive
Recital 31
Recital 31
Amendment 58 #
Proposal for a directive
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
Amendment 74 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 80 #
Proposal for a directive
Article 5 – paragraph 5 – subparagraph 1
Article 5 – paragraph 5 – subparagraph 1
By way of derogation from paragraph 2, as regards third-country nationals who have obtained a higher education qualification not more than three years before submitting the application for an EU Blue Card, theMember States may apply a salary threshold which shall be 8at least 90 percent of the salary threshold set by the Member State concerned in accordance with paragraph 2. The period of three years shall reapply after the attainment of each level of higher education qualifications.
Amendment 84 #
Proposal for a directive
Article 5 – paragraph 5 – subparagraph 2
Article 5 – paragraph 5 – subparagraph 2
Amendment 88 #
Proposal for a directive
Article 6 – paragraph 3 – point a
Article 6 – paragraph 3 – point a
Amendment 92 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point b
Article 7 – paragraph 2 – subparagraph 1 – point b
Amendment 96 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 103 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Unemployment in itself shall not constitute a reason for withdrawing an EU Blue Card, unless the period of unemployment exceeds three consecutive months, or where the unemployment occurs more than once during the period of validity of an EU Blue Card, except where such unemployment is the result of illness, accident or disability or in the case of the withdrawal or non-renewal of an EU Blue Card pursuant to point (b) of Article 7(2).
Amendment 104 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Unemployment in itself shall not constitute a reason for withdrawing an EU Blue Card, unless the period of unemployment exceeds three consecutive months, or where the unemployment occurs more than once during the period of validity of an EU Blue Card, except where such unemployment is the result of illness, accident or disability.
Amendment 118 #
Proposal for a directive
Article 15 – paragraph 6 a (new)
Article 15 – paragraph 6 a (new)
6a. Member States shall hold the employer of the EU Blue Card holder responsible for any significant failure to comply with Article 5(3) or Article 15. The Member State concerned shall provide for sanctions where the employer is held responsible. Those sanctions shall be effective, proportionate and dissuasive.
Amendment 120 #
Proposal for a directive
Article 22 – paragraph 5 – subparagraph 1
Article 22 – paragraph 5 – subparagraph 1
Member States mayshall hold the employer of the EU Blue Card holder responsible for failure to comply with the conditions of mobility laid down in this Chapter or for repetitively making use of the mobility provisions of this Chapter in an abusive manner.
Amendment 180 #
Proposal for a directive
Recital 13
Recital 13
(13) It is necessary to provide for a flexible demand-driven admission system based on objective criteria, such as a work contract or a binding job offer of at least 612 months, a salary threshold adaptable by the Member States to the situation in its labour market and higher professional qualifications.
Amendment 188 #
Proposal for a directive
Recital 15
Recital 15
(15) In order to ensure a sufficient level of harmonisation in the admission conditions throughout the Union, both minimum and maximum factors for calculating the salary threshold should be determined. Member States should fix their threshold in accordance with the situation and organisation of their respective labour markets and their general immigration policies. Members States should involve the social partners before introducing a salary threshold.
Amendment 300 #
Proposal for a directive
Article 2 – paragraph 1 – point l
Article 2 – paragraph 1 – point l
(l) “business activity” means a temporary activity related to the business interests of the employer, such as attending internal and external business meetings, attending conferences and seminars, negotiating business deals, undertaking sales or marketing activities, performing internal or client audits, exploring business opportunities, or attending and receiving training;
Amendment 339 #
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) present a valid work contract or, as provided for in national law, a binding job offer for highly skilled employment, of at least sixtwelve months in the Member State concerned;
Amendment 355 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. In addition to the conditions laid down in paragraph 1, the gross annual salary resulting from the monthly or annual salary specified in the work contract or binding job offer shall not be inferior to the salary threshold set and published for that purpose by the Member States. The salary threshold set by the Member States shall be at least 1.0 times but not higher than 1.4 times the average gross annual salary in the Member State concerned. Member States shall involve the social partners before introducing a salary threshold.
Amendment 362 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4