27 Amendments of Brando BENIFEI related to 2022/0131(COD)
Amendment 58 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) The European Pillar of Social Rights (the ‘Pillar’), proclaimed at Gothenburg on 17 November 2017, establishes a set of principles to serve as a guide towards ensuring equal opportunities and access to the labour market, fair working conditions, and social protection and inclusion, which should also be guiding for the treatment of third-country national workers residing in the Union.
Amendment 63 #
Proposal for a directive
Recital 7
Recital 7
(7) PGenuinely posted third-country nationals subject to Directives 96/71/EC, 2018/957/EU, 2020/1057/EU and 2014/67/EU of the European Parliament and of the Council39 should not be covered by this Directive. This should not prevent third-country nationals who are legally residing and working in a Member State and posted to another Member State from continuing to enjoy equal treatment with respect to nationals of the Member State of origin for the duration of their posting, in respect of those terms and conditions of employment which are not affected by the application of Directives 96/71/EC . , 2018/957/EU, 2020/1057/EU and 2014/67/EU. To prevent forum shopping and artificial cross-border arrangements, Member States should provide for adequate measures to protect third- country workers from abuse through fraudulent postings to other Member States. In the single application procedure and in the monitoring of employers, due regard should be given to the provisions of Regulation (EC) No 593/2008 of the European Parliament and of the Council (‘Rome I’) to verify that the Member State concerned is in fact the habitual place of work. __________________ 39 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1).
Amendment 67 #
Proposal for a directive
Recital 10
Recital 10
Amendment 71 #
Proposal for a directive
Recital 15
Recital 15
(15) The designation of the competent authorityies under this Directive should be without prejudice to the role and responsibilities of other authorities and, where applicable, the social partners, with regard to the examination of, and the decision on, the application, in addition to monitoring, implementation and enforcement of labour standards and social security regulations. Information on working conditions should be instrumental for competent authorities, such as labour inspectorates, public employment services or social security institutions, to effectively guaranteeing the rights of third country national workers.
Amendment 76 #
Proposal for a directive
Recital 19
Recital 19
(19) The provisions of this Directive on the single permit and on the residence permit issued for purposes other than work should not prevent Member States from issuing an additional paper document in order to be able to give more precise information on the employment contract or relationship for which the format of the residence permit leaves insufficient space. Such a document can serve to prevent the exploitation of third-country nationals and combat illegal employment but should be optional for Member States, and should not be a requirement for the third-country national to obtain the single permit and should not serve as a substitute for a work permit thereby compromising the concept of the single permit. Changes to working conditions contained in that document should not constitute a change of employment for the purposes of the single permit. Information on working conditions should be instrumental for competent authorities, such as labour inspectorates, public employment services or social security institutions to effectively guaranteeing the rights of third country national workers. Technical possibilities offered by Article 4 of Regulation (EC) No 1030/2002 and point (a)20 of the Annex thereto can also be used to store such information in an electronic format.
Amendment 94 #
Proposal for a directive
Recital 32
Recital 32
(32) To ensure the proper enforcement of this Directive, Member States should ensure, in cooperation with the social partners, and in accordance with ILO convention 81 on Labour Inspection, that appropriate mechanisms are in place for the monitoring of employers and that, where appropriate, effective effective, unannounced, and adequate inspections are carried out on their respective territories. Third country national workers still have a higher probability of experiencing violations of their rights and working conditions than other groups of workers. Therefore, the selection of employers to be inspected should be based primarily on a risk assessment to be carried out by the competent authorities in the Member States taking into account factors such as the sector in which a company operates and any past record of infringement. The agricultural, transport, distribution, hospitality, and construction sectors are known for their higher risk of labour standard violations. In order to be able to improve the proper enforcement of this Directive and to exchange best practices between Member States, it is crucial to monitor the patterns of application, renewal and withdrawal of single permits.
Amendment 107 #
Proposal for a directive
Recital 34
Recital 34
(34) The single permit should authorise the third-country national to change theseek employment and conclude an employment contract with a different employer during the period of its validity. Member States should be able to require a notification of the change and to check the labour market situation where a change of employer takes placeof employer and of any information related to the employment contract or relationship, prior to the first working day, and be able to check the labour market situation where a change of employer takes place, based on the first check. Member States should ensure that the single permit holder continues his or her employment contract or relationship with the same employer during the renewal process. The single permit should not be withdrawn during a period of at least threnine months in the event of the unemployment of its holder.
Amendment 115 #
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) ‘third-country worker’ means a third-country national who has been admitted to the territory of a Member State and who is legally residing and is allowed to work in the context of an employment contract or employment relationship in the territory of at Member State, in accordance with national law or prac, collective agreements, or practice, with consideration to the case- law of the Court of Justice;
Amendment 125 #
Proposal for a directive
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
Amendment 130 #
Proposal for a directive
Article 3 – paragraph 2 – point f
Article 3 – paragraph 2 – point f
Amendment 137 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Member States may decide that Chapter II does not apply to third-country nationals who have been either authorised to work in the territory of a Member State for a period not exceeding six months or who have been admitted to a Member State for the purpose of studyadmitted to a Member State for the purpose of study in accordance with Directive (EU) 2016/801, as seasonal workers in accordance with Directive 2014/36/EU, or as au pairs in accordance with Directive (EU) 2016/801.
Amendment 139 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. An application to issue, amend or renew a single permit shall be submitted by way of a single application procedure. Member States shall determine whetherallow applications for a single permit are to be submitted by either the third-country national or by the third- country national’s employer. Member States may also decide to allow an application from either of the two. If the application is to be submitted by the third-country nWhere the third-country national submits the applicational, Member States shall allow the application to be introduced both from a third country and in the territory of the Member State in which the third- country national is legally present. Where the employer submits the application, Member States shall ensure that the third- country national on whose behalf the application has been submitted is kept informed about the status of the application, in each stage of the process, and the outcome of the application.
Amendment 143 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
The competent authority shall adopt and notify a decision on the complete application as soon as possible and in any event within four month90 days of the date on which the application was lodged.
Amendment 149 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 3
Article 5 – paragraph 2 – subparagraph 3
Where no decision is taken within the time limit provided for in this paragraph, any consequences shall be determined by national lawfee required by the Member States in accordance with Article 10 shall be reimbursed to the applicant. Further consequences shall be determined by national law and shall contribute to the effective implementation of the time limits. Member States shall allocate sufficient resources for timely processing.
Amendment 152 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
Member States mayshall indicate additional information related to working conditions in employment offers, the employment contract or relationship of the third- country national (such , at least the name and address of the employer, habitual place of work, type of work, working hours, remuneration), in paper format, orand store such data in electronic format as referred to in Article 4 of Regulation (EC) No 1030/2002 and in point (a)20 of the Annex thereto. A change to the conditions of employment indicated above shall not constitute a change of employer. Member States shall grant the third-country national access to this information, and he or she shall be informed about any changes to this information.
Amendment 154 #
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
Member States mayshall indicate additional information related to the employment contract or relationship of the third-country national (such , at least the name and address of the employer, habitual place of work, type of work, working hours, remuneration), in paper format, or and store such data in electronic format as referred to in Article 4 of Regulation (EC) No 1030/2002 and point (a)20 of the Annex thereto. A change to the conditions of employment indicated above shall not constitute a change of employer. Member States shall grant the third-country national access to this information, and he or she shall be informed about any changes to this information.
Amendment 160 #
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
Member States shall make easily accessible, and provideprovide free of charge, in a language the third-country national can understand, upon request:
Amendment 164 #
Proposal for a directive
Article 9 – paragraph 1 – point b a (new)
Article 9 – paragraph 1 – point b a (new)
(ba) information on the return process, such as on social security rights acquired and their portability, information assistance and support available in the country of origin on social and economic reintegration.
Amendment 169 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
Member States shall, in cooperation with the social partners, NGOs and grassroots organisations, ensure that the third- country national is provided free of charge with the following information, in a language he or she can understand: (a) the rights under this Directive and under relevant Union and national labour law and practice, including to health care and social assistance; (b) the contact details of organisations representing workers, in particular trade unions, national labour inspectorates, the European Labour Authority, NGOs, grassroots organisations, and of other judicial assistance available under national law; (c) information regarding any checks of the labour market situation and change of employer pursuant to paragraphs 2, 3 and 4 of Article 11.
Amendment 172 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States may require applicants to pay fees, where appropriate, for processing applications and renewals in accordance with this Directive. The level of such fees shall be proportionate, affordable and shall be based on the services actually provided for the processing of applications and the issuance of permits. Where such fees or any other costs are paid by the third- country national, Member States shall ensure that he or she is entitled to reimbursement from the employer. When such fees or costs are paid by the employers, they shall not be recoverable from the third-country national.
Amendment 176 #
Proposal for a directive
Article 11 – paragraph 1 – point d
Article 11 – paragraph 1 – point d
(d) be informed about the holder’s own rights linked to the permit conferred by this Directive and/or byby Union and national law, about filing complaints, access mechanisms for dispute resolution and legal redress, as well as about the contact details of organisations representing workers, in particular trade unions, of national labour inspectorates, the European Labour Authority, NGOs, grassroots organisations, and of other judicial assistance available under national law.
Amendment 186 #
Proposal for a directive
Article 11 – paragraph 2 – point b (new)
Article 11 – paragraph 2 – point b (new)
(b) require that any change of employer is communicated, prior to the first working day, by the new employer to the competent authorities in the Member State concerned, providing information on at least the name and address of the employer, the habitual place of work, the type of work, working hours, and remuneration, in accordance with procedures laid down in national law. If it is found that the new employer has not correctly communicated the conditions of employment as indicated above, the third country national worker shall remain to be entitled to pursue a new change of employer, as set out in this Article;
Amendment 200 #
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 compliance with the first check of the labour market situation and verifies that the requirements laid down by Union or national law are fulfilled. The Member State concerned may oppose the change of employment within those 30 days. shall require that the terms of employment and working conditions are in compliance with applicable labour standards and collective agreements. The Member State concerned may oppose the change of employment within those 30 days. Regardless of the outcome, the single permit holder shall be eligible to continue working for the current employer or to enter a period of unemployment. The single permit holder shall be informed about the status of the checks, in each stage of the process, and the outcome.
Amendment 212 #
Proposal for a directive
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) terms of employment, decent working conditions, including pay and dismissal as well as health and safety at the workplace; remuneration and dismissal, working hours, overtime rates, annual and sick leave, leaves related to care and holidays, training, protection against discriminatory, illegitimate and disproportionate deductions from the remuneration, allowances or reimbursement of expenditure to cover travel, board and lodging expenses, as well as equality of treatment between men and women, and health and safety at the workplace, in accordance with Directive (EU) 2019/1152, Directive 2008/104/EC, Directive 89/391 EEC, and Directive (EU) 2022/2041 on Adequate Minimum Wages in the European Union;
Amendment 244 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall, in cooperation with the social partners, 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, inspections inspections, in particular in sectors with a high risk of violations of labour rights and standards, in accordance with national law or administrative practice.
Amendment 250 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Member States shall, in cooperation with the social partners, and in accordance with ILO convention 81 on Labour Inspection, ensure effective, proportionate and non-discriminatory controls and field inspections conducted by labour inspectorates, including routine and unannounced visits. Member States shall develop the capability of enforcement authorities to proactively target and pursue non-compliant employers. Member States shall ensure that services in charge of inspection of labour or other competent authorities and, where provided for under national law in respect of national workers, organisations representing workers’, interests particular trade unions, have access to the workplace and, with the agreement of the worker, to their housing.
Amendment 258 #
Proposal for a directive
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
1. Member States shall, in accordance with Article 47 of the Charter of Fundamental Rights of the EU, ensure that there are timely and effective mechanisms through which third-country workers may lodge complaints against their employers: