22 Amendments of Javi LÓPEZ 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 35 #
Proposal for a directive
Recital 15
Recital 15
(15) In order to ensure a sufficient level of transparency and a degree 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.
Amendment 40 #
Proposal for a directive
Recital 16
Recital 16
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 56 #
Proposal for a directive
Article 2 – paragraph 1 – point b – indent 3
Article 2 – paragraph 1 – point b – indent 3
- has the required competence, as proven by higher professqualifications or skills as attested by evidence of higher educational qualifications. or higher professional skills,
Amendment 58 #
Proposal for a directive
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
Amendment 67 #
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, for the same working hours, the minimum wage set up in collective or sectorial agreements for the workers of the same productive sector. In case of absence of those agreements, the salary threshold shall be, at least and for the same working hours, 1.0 times but not higher than 1.4 times, the average gross annual salary in the Member State concerned.
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 90 #
Proposal for a directive
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. Member States shall reject an application for an EU Blue Card where the employer has failed to meet its legal obligations regarding social security, taxation, labour rights or working conditions.
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 101 #
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 threesix consecutive months, or where the unemployment occurs more than once during the period of validity of an EU Blue Card.
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 126 #
Proposal for a directive
Article 23 – paragraph 2 – subparagraph 1
Article 23 – paragraph 2 – subparagraph 1
Member States shall communicate to the Commission each year and upon each modification, the factor they have decided to set for determining the annual salary thresholds, and the resulting nominal amounts, in accordance with Article 5(2), (4) and (5).
Amendment 128 #
Proposal for a directive
Article 23 – paragraph 2 – subparagraph 2
Article 23 – paragraph 2 – subparagraph 2