Activities of Romeo FRANZ 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 (67)
Amendment 57 #
Proposal for a directive
Recital 4
Recital 4
(4) A set of rules governing the procedure for examination of the application for a single permit should be laid down. That procedure should be effective and manageable, taking account of the normal workload of the Member States’ administrations, as well as transparent, non-discriminatory, gender- balanced, inclusive and fair, in order to offer appropriate legal certainty to those concerned.
Amendment 61 #
Proposal for a directive
Recital 6
Recital 6
(6) This Directive should cover employment contracts or relationships between third- country workers and employers. Where a Member State’s national law allows admission of third- country nationals through temporary work agencies established on its territory and which have an employment contract or relationship with the worker, such agencies should not be excluded from the scope of this Directive.
Amendment 64 #
Proposal for a directive
Recital 7
Recital 7
(7) PGenuinely posted third-country nationals subject to Directive 96/71/EC 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 Directive 96/71/EC . __________________ 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 66 #
Proposal for a directive
Recital 10
Recital 10
Amendment 69 #
Proposal for a directive
Recital 12
Recital 12
(12) The provisions of this Directive on the single application procedure and on the single permit should not concern uniform or long-stay visas , with the exception of the obligation for Member States to issue the requisite visa within the deadline of four month90 days set out to adopt a decision on the Single Permit .
Amendment 73 #
Proposal for a directive
Recital 15
Recital 15
(15) The designation of the competent authority 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, as well as monitoring, implementing and enforcing labour and social security regulations, facilitation of complaints and legal redress.
Amendment 75 #
Proposal for a directive
Recital 17
Recital 17
(17) The single permit should be drawn up in accordance with Council Regulation (EC) No 1030/200242 , enabling Member States to enter further information, in particular as to whether or not the person is permitted to work. A Member State should indicate, inter alia, for the purpose of better control of migration, not only on the single permit but also on all the issued residence permits, the information relating to the permission to work, irrespective of the type of the permit or the residence permit on the basis of which the third-country national has been admitted to the territory and has been given access to the labour market of that Member State. Member States should grant access to such information, including any changes thereto, to the third-country national. __________________ 42 Council Regulation (EC) No 1030/2002, of 13 June 2002 laying down a uniform format for residence permits for third- country nationals (OJ L 157, 15.6.2002, p. 1).
Amendment 78 #
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 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, including gender-related dimensions of exploitation, and combat illegal employment but should be optional for Member States and should not serve as a substitute for a work permit thereby compromising the concept of the single permit. 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 79 #
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 serve as a substitute for a work permit thereby compromising the concept of the single permit. 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 80 #
Proposal for a directive
Recital 22
Recital 22
(22) In the absence of horizontal Union legislation, the rights of third-country nationals vary, depending on the Member State in which they work and on their nationality. With a view to developing further a coherent immigration policy and narrowing the rights gap between citizens of the Union and third-country nationals legally working in a Member State and complementing the existing immigration acquis, a set of rights should be laid down in order, in particular, to specify the fields in which equal treatment between a Member State’s own nationals and such third-country nationals who are not yet long-term residents is provided. Such provisions are intended to establish a minimum level playing field within the Union, to recognise that such third- country nationals contribute to the Union economy through their work and tax payments and to serve as a safeguard to reduce unfair competition between a Member State’s own nationals and third- country nationals resulting from the possible exploitation of the latter. In this regard, more attention should be paid to the gender-related dimensions and the feminisation of labour migration. A third– country worker in this Directive should be defined, without prejudice to the interpretation of the concept of employment relationship in other provisions of Union law, as a third- country national who has been admitted to the territory of a Member State, who is legally residing and who is allowed, in the context of an employment contract or employment paid relationship, to work there in accordance with national law or prac, collective agreement or practice, with consideration to the case-law of the Court of Justice.
Amendment 82 #
Proposal for a directive
Recital 25
Recital 25
(25) WDecent working conditions as referred to in this Directive should cover at least the terms of employment, pay and dismissal, health and safety at the workplace, working time and leave, taking into account collective agreements in force, as well as the right to organise and the right to strike.
Amendment 88 #
Proposal for a directive
Recital 27
Recital 27
(27) Third-country workers should enjoy equal treatment as regards social security, including portability of rights. Branches of social security are defined in Regulation (EC) No 883/2004 of the European Parliament and of the Council48 . The provisions on equal treatment concerning social security in this Directive should also apply to workers admitted to a Member State directly from a third country. Nevertheless, this Directive should not confer on third-country workers more rights than those already provided in existing Union law in the field of social security for third-country nationals who are in cross-border situations. __________________ 48 Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ L 166, 30.4.2004, p. 1).
Amendment 98 #
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, that appropriate mechanisms are in place for the monitoring of employers and that, where appropriate, effective and adequate inspections are carried out on their respective territories. 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.
Amendment 104 #
Proposal for a directive
Recital 33
Recital 33
(33) Member States should also put in place timely and 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, the European Labour Authority, 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 106 #
Proposal for a directive
Recital 33 a (new)
Recital 33 a (new)
(33a) In the implementation of this Directive, Member State authorities should pay particular attention to the role of recruitment agencies. While recruitment agencies can facilitate procedures for applicants, risks associated with third-party intermediation such as contract substitution, abusive fees and debt bondage, and other exploitative practices should be addressed, in collaboration with civil society and trade union organisations, through the provision of information to potential applicants and permit holders, monitoring and penalties and facilitation of complaints and legal redress.
Amendment 109 #
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 andof employer prior to the first working day, and to be able to check the labour market situationstandards where a change of employer takes place. The purpose of the communication procedure is to monitor and enforce labour and social security conditions. 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 110 #
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 andof employer prior to the first working day, and be able to check the labour market situationstandards where a change of employer takes place. The purpose of the communication procedure is to monitor and enforce labour and social security conditions. 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 116 #
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 that Member State in accordance with national law or praccollective agreements, or practice, with consideration to the case-law of the Court of Justice;
Amendment 118 #
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 relationship in that Member State in accordance with national law or practice;
Amendment 127 #
Proposal for a directive
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
Amendment 129 #
Proposal for a directive
Article 3 – paragraph 2 – point f
Article 3 – paragraph 2 – point f
Amendment 133 #
Proposal for a directive
Article 3 – paragraph 2 – point k
Article 3 – paragraph 2 – point k
Amendment 136 #
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 study.
Amendment 138 #
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 whether applications for a single permit are to be submitted by 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 national, 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. If the application is to be submitted by the employer, Member State's authorities shall inform the third-country national about the status and outcomes of each stage of the application process.
Amendment 140 #
Proposal for a directive
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. Applicants shall always be granted the choice between remote and in-person service provision and have the opportunity to submit relevant documents for the procedure both electronically and physically.
Amendment 142 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
The competent authority shall adopt a decision on the complete application as soon as possible and in any event within four months of the date on which the application was lodged90 days of the date on which the application was lodged. To meet this time limit, national authorities shall ensure the availability of sufficient human, material and IT resources in the relevant services. Where no decision is taken within the time limit provided for in this paragraph, any fee 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.
Amendment 148 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
The time limit referred to in the first subparagraph shall cover checking the labour market situation and issuing the requisite visa referred to in Article 4(3). The time limit may be extended in exceptional circumstances, linked to criteria and conditions for issuing the permit as required by national law and issuing the requisite visa referred to in Article 4(3), including liaising with other complexity of the examination of the applicationetent authorities.
Amendment 153 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
Member States mayshall indicate additional information related to the employment relationshipconditions and contract of the third- country national (such as the name and address of the employer, the habitual place of work, type of work, working hours, remuneration) in paper format, or 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. 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 156 #
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 relationshipconditions and contract of the third- country national (such as the name and address of the employer, the habitual place of work, type of work, working hours, remuneration) in paper format, or 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.
Amendment 158 #
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
Member States shall make easily accessible, and provide upon request, in cooperation with the social partners, ensure that the third- country national is provided with the following information, in a language that he/she can understand:
Amendment 163 #
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) information on entry and residence conditions, including the rights, obligations and procedural safeguards of the third- country nationals and of their family members, as well as on the applicable fees.
Amendment 168 #
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, ensure that the third- country national is provided with the following information, in a language that he/she can understand: (a) the rights under this Directive and under relevant Union and national labour law and practice; (b) the contact details of organisations representing workers, in particular trade unions, national labour inspectorates, the European Labour Authority, 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; (d) information on the rights and procedures related to changing employer, and related to possible sub-contracting or posting arrangements; (e) information regarding mechanisms for filing complaints and accessing legal redress, as well as contact details of organisations representing and supporting migrant workers, in particular trade unions, non-governmental and grassroots organisations.
Amendment 170 #
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 to issue and renew single permits in accordance with this Directive. The level of such fees shall be affordable and proportionate and shall be based on the services actually provided for the processing of applications and the issuance of permits. and their renewals. 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 173 #
Proposal for a directive
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. WMember States shall ensure that, where a single permit has been issued , it shall authorise, during its period of validity and once an application for renewal has been submitted, until the completion of renewal procedures, its holder at least to:
Amendment 177 #
Proposal for a directive
Article 11 – paragraph 1 – point d
Article 11 – paragraph 1 – point d
(d) beprovide to all single permit holders, in an accessible way in a language they can understand, informedation about the holder’s own rights, linked to the permit conferred by this Directive by Union and/or by national law. Information provided shall include, at least:
Amendment 179 #
Proposal for a directive
Article 11 – paragraph 1 – point d a (new)
Article 11 – paragraph 1 – point d a (new)
(da) labour and social rights, relevant collective agreements and administrative requirements and procedures, of the permit holder and their family members;
Amendment 180 #
Proposal for a directive
Article 11 – paragraph 1 – point d b (new)
Article 11 – paragraph 1 – point d b (new)
(db) the rights and procedures related to changing employer, and related to possible sub-contracting or posting arrangements;
Amendment 181 #
Proposal for a directive
Article 11 – paragraph 1 – point d c (new)
Article 11 – paragraph 1 – point d c (new)
(dc) procedures and mechanisms for assistance, dispute resolution, filing complaints and accessing legal redress in the case of a labour dispute, including contact details of organisations representing and supporting migrant workers, in particular trade unions, non- governmental and grassroots organisations;
Amendment 182 #
Proposal for a directive
Article 11 – paragraph 1 – point d d (new)
Article 11 – paragraph 1 – point d d (new)
(dd) receive the permit in paper format and be able to access the permit in electronic format, in order to prevent document retention by employers.
Amendment 185 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Within the period of validity referred to in paragraph 1, Member States shall allow a single permit holder to be employed by a different employer than the first employer with whom the permit holder concluded a contract of employment.:
Amendment 187 #
Proposal for a directive
Article 11 – paragraph 2 – point a (new)
Article 11 – paragraph 2 – point a (new)
(a) allow a single permit holder to seek employment and conclude an employment contract with a different employer than the first employer with whom the permit holder concluded a contract of employment, including where an offer or contract of employment was required during the single application procedure in accordance with national law;
Amendment 188 #
Proposal for a directive
Article 11 – paragraph 2– point b (new)
Article 11 – paragraph 2– point b (new)
(b) require that each employer communicate, prior to the first working day, any new employment relationship to the competent authorities in the Member State concerned, providing information on 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 employment relationship has not been correctly communicated by the employer, the single permit holder shall be able to pursue a change of employer as set out in this article. The single permit holder shall have the right to be supported by organisations representing workers, in particular trade unions;
Amendment 189 #
Proposal for a directive
Article 11 – paragraph 2 – point c (new)
Article 11 – paragraph 2 – point c (new)
(c) confirm receipt of the communication of the new employment relationship to the new employer and the third country national;
Amendment 192 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – introductory part
Article 11 – paragraph 3 – subparagraph 1 – introductory part
Within the period of validity referred to in reference to paragraph 12, Member States may:shall require that a change of employer be subject to a check that the conditions comply with labour standards.
Amendment 195 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point a
Article 11 – paragraph 3 – subparagraph 1 – point a
Amendment 199 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point b
Article 11 – paragraph 3 – subparagraph 1 – point b
Amendment 202 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2
Article 11 – paragraph 3 – subparagraph 2
The right of the single permit holder shall be able to pursue such a change of employer may be suspended for a maximum of 30 days, continue working for their former employer, or enter the period of unemployment, while the Member State concerned checks the labour market situationcompliance with labour standards and verifies that the requirements laid down by Union or national law are fulfilled. TIf the requirements are not fulfilled the Member State concerned may oppose the change of employment within those 30 daysa maximum of 30 days informing the third-country national accordingly from which date the period of unemployment referred to in the fourth sub-paragraph shall apply.
Amendment 207 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Within the period of validity referred to in paragraph 1, tThe single permit shall not be withdrawn during a period of at least threnine 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 threnine months expired, in order to enable the third-country national to find alternative employment.
Amendment 210 #
Proposal for a directive
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. Third-country workers as referred to in Article 3(1), points (b) and (c) shall enjoy equal treatment with nationals of the Member State where they reside with regard to at least:
Amendment 211 #
Proposal for a directive
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) working conditions, including pay and dismissal as well as health and safety at the workplaceterms of employment and decent working conditions, including remuneration and dismissal, working hours, overtime rates, annual and sick leave, leaves related to care and holidays, 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 on Adequate Minimum Wages in the European Union. The principle of equal pay for equal work shall apply, in line with Article 157 of the Treaty on the Functioning of the European Union;
Amendment 216 #
Proposal for a directive
Article 12 – paragraph 1 – point a a (new)
Article 12 – paragraph 1 – point a a (new)
(aa) back payments to be made by the employer, concerning any outstanding remuneration to the third-country national, with the burden of proof upon the employer in case of the absence of salary administration, as well as the quick settlement of third-country nationals’ outstanding claims resulting from an employment contractor employment relationship in the case of insolvency of the employer, in accordance with Directive 2008/94/EC;
Amendment 220 #
Proposal for a directive
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) the right to strike and take industrial action, 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, including the right to negotiate and conclude collective agreements in compliance with the right to association, to organise and to collective bargaining as provided for in ILO Conventions 87 and 98, without prejudice to the national provisions on public policy and public security;
Amendment 227 #
Proposal for a directive
Article 12 – paragraph 1 – point g
Article 12 – paragraph 1 – point g
(g) access to goods and services and the supply of goods and services made available to the public including procedures for obtaining access to public and private housing as provided by national law, without prejudice to the freedom of contract in accordance with Union and national law; ensuring a decent standard of living, as well as freedom of choice of housing without any obligation or pressure to reside in employer-provided housing, without prejudice to the freedom of contract in accordance with Union and national law. Member States shall ensure that rent amounts are fair, housing conditions and rental contracts meet standards and regulations for private rental under national law, and prohibit deductions for travel, board and lodging from remuneration and rental contracts being part of the employment contract.
Amendment 231 #
Proposal for a directive
Article 12 – paragraph 2 – point b
Article 12 – paragraph 2 – point b
Amendment 237 #
Proposal for a directive
Article 12 – paragraph 2 – point d
Article 12 – paragraph 2 – point d
Amendment 243 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall, in cooperation with social partners, non- governmental and grassroots organisations provide for measures to prevent possible infringements by employers of national provisions adopted pursuant to Article 12. Preventive measures shall include monitoring, risk assessments and, where appropriate, inspections, particularly in spectors with high risk of labour rights violations, in accordance with national law or administrative practice.
Amendment 248 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States shall lay down the rules on penalties applicable toimpose applicable to infringements by employers of national provisions adopted pursuant to Article 12. In addition to regularizing due salaries and compensation to workers, social security and taxes, depending on the circumstances of the case, penalties shall include, among others, publicly registering infringements conducted by employers of national provis, administrative and financial penalties, such as fines or the payment of compensations, adopted pursuant to Article 12nd suspension of the eligibility for employers to the single application procedure for issuing a single permit for third-country nationals as well as exemption for employers from public procurement procedures. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall, without delay, notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.
Amendment 251 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Member States shall, in cooperation with the social partners, 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’, in particular trade unions, interests have access to the workplace, and, with the agreement of the worker, to their housing.
Amendment 260 #
Proposal for a directive
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
1. Member States shall ensure that there are timely and effective mechanisms through which third-country workers may lodge complaints against their employers:
Amendment 262 #
Proposal for a directive
Article 14 – paragraph 1 – point a
Article 14 – paragraph 1 – point a
(a) directly; or
Amendment 264 #
Proposal for a directive
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
(b) through third parties which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring compliance with this Directive; orand
Amendment 267 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Member States shall ensure that third parties referred to in paragraph 1, point (b) may engage either on behalf of or in support of a third-country worker, with his or her approval, in any judicial and/or administrative procedures aimed at enforcing compliance with the rights set out in this Directive.
Amendment 269 #
Proposal for a directive
Article 14 – paragraph 3 – introductory part
Article 14 – paragraph 3 – introductory part
3. Member States shall ensure that third-country workers, including those whose employment relationship has ended, have the same access as nationals of the Member State where they reside with regard to:
Amendment 270 #
Proposal for a directive
Article 14 – paragraph 3 – point a
Article 14 – paragraph 3 – point a
(a) measures protecting against dismissal or othprotecting both third country workers adverse treatment bnd workers’ representatives, including those who are trade union members or representatives, from any othe employer as a reaction tor treatment and from any adverse consequences resulting from a complaint within by the undertaking; or toemployer or resulting from any proceedings initiated with the aim of enforcing compliance in the case of infringements of rights provided in this directive;
Amendment 274 #
Proposal for a directive
Article 14 – paragraph 3 – point b
Article 14 – paragraph 3 – point b
(b) effective, timely and impartial complaints mechanisms, including dispute resolution, mediation, a right to redress, and any judicial and/or administrative procedure aimed at enforcing compliance withwith the rights set out in this Directive.;
Amendment 276 #
Proposal for a directive
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3a. Member States shall grant a transitional permit valid for nine months to single permit holders who have experienced violations of their rights under the Directive. If an infringement by the employer results in the termination of the employment contract or employment relationship with the third-country national, Member States shall grant the affected permit holder a transitional permit valid for a period of twelve months; the third country-national shall be eligible to find new employment under the conditions set out in Article 11. Where the employer is a subcontractor, or where a recruitment agency acts on behalf of the main contractor, who has infringed this Directive, Member States shall ensure that the main contractor and any intermediate subcontractor are: (a) subject to the penalties referred to in Article 13; (b) in addition to or in place of the employer, liable to pay any compensation due to the third-country national, in accordance with Article 12; (c) in addition to or in place of the employer, liable to pay any back payments due to the third-country national under national law, in accordance with Article 12. Member States may provide for more stringent liability rules under national law.
Amendment 278 #
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. Member States shall apply the relevant provisions of Regulation (EU) 2016/679 when implementing this Directive.