53 Amendments of Abir AL-SAHLANI related to 2022/0131(COD)
Amendment 62 #
Proposal for a directive
Recital 6
Recital 6
(6) This Directive should cover employment 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 relationship with the worker, such agencies should notalso be exincluded fromin the scope of this Directive.
Amendment 70 #
Proposal for a directive
Recital 13
Recital 13
(13) The deadline for adopting a decision on the application should include both the time required for issuing a visa, where needed, and the time required to comply with the checks of the labour market situations.
Amendment 90 #
Proposal for a directive
Recital 29
Recital 29
(29) Union law does not, and should not, limit the power of the Member States to organise their social security schemes. It is for each Member State to lay down the conditions under which social security benefits are granted, as well as the amount of such benefits and the period for which they are granted. However, when exercising that power, Member States should comply with Union law.
Amendment 97 #
Proposal for a directive
Recital 32
Recital 32
(32) To ensure the proper enforcement of this Directive, Member States should ensure that appropriate mechanisms are in place for the monitoring of employers and that, where appropriate, effective and adequate inspections in accordance with national law or practices, 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 99 #
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 and fair, in order to offer appropriate legal certainty to those concerned. Member States should also make sure that the application procedure itself is as harmonised and coordinated as possible.
Amendment 100 #
Proposal for a directive
Recital 33
Recital 33
(33) Member States should also 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 wcompetent authorities. When granting the single permith, the criteria laid down by the national law, a legitimmechanisms for legal redress and lodging complaints should be communicated interest in ensuring compliance with this Directive, such as trade un an accessible way to the third-country workers including the provisions or other associations, or competent authoritif that information in relevant languages. 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. Where provided for in accordance with the criteria laid down by the national law, practices or applicable collective agreements, it should also be possible that complaints be lodged, with the consent of the third-country worker, by third parties having a legitimate interest in ensuring that this Directive is complied with.
Amendment 104 #
Proposal for a directive
Recital 6
Recital 6
(6) This Directive should cover employment relationships between third- country workers andor third country nationals undergoing an apprenticeship and the 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 relationship with the worker, such agencies should not be excluded from the scope of this Directive.
Amendment 109 #
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 111 #
Proposal for a directive
Recital 34
Recital 34
(34) The single permit should authorise the third-country national to change the 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 cha. In the event of the unemployment of the single of employer takes place. The singlpermit holder, the permit should not be withdrawn during a period of at least three months in the event of the unemployment of its holdersix months.
Amendment 114 #
Proposal for a directive
Recital 14
Recital 14
(14) To this end, Member States should only carry out one substantial check of the documentation submitted by the applicant for the issuing of both a single permit and the requisite visa in order to avoid duplication of work and prolonging the procedures. Furthermore, Member States should require applicants to submit the relevant documentation only once. Documents can be submitted in electronic or in paper format. The application can be made in the language of the Member State, or in the English language if the employer agrees.
Amendment 117 #
Proposal for a directive
Recital 16
Recital 16
Amendment 119 #
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘employer’ means any natural person or any legal entity, including temporary work agencies, for or under the direction and/or supervision of whom the employment is undertaken;, as defined by the national law, collective agreements or practice in force in each Member State.
Amendment 123 #
Proposal for a directive
Recital 20
Recital 20
(20) The conditions and criteria on the basis of which an application to issue, amend or renew a single permit can be rejected, or on the basis of which the single permit can be withdrawn, should be objective, proportionate and should be laid down in national law including the obligation to respect the principle of Union preference as expressed in particular in the relevant provisions of the 2003 and 2005 Acts of Accession. Rejection and withdrawal decisions should be duly reasoned and communicated in writing to the third country national concerned or to the employer filing on his/her behalf.
Amendment 128 #
Proposal for a directive
Recital 26
Recital 26
(26) A Member State should recognise occupational, regulated and unregulated professional qualifications acquired by a third-country national in another Member State in the same way as those of citizens of the Union and should take into account qualifications acquired in a third country in accordance with Directive 2005/36/EC of the European Parliament and of the Council47 . The right to equal treatment accorded to third-country workers as regards recognition of diplomas, certificates and other professional qualifications in accordance with the relevant national procedures should be without prejudice to the competence of Member States to admit such third-country workers to their labour market. _________________ 47 Directive 2005/36/EC on the recognition of professional qualifications (OJ L 255, 30.9.2005, p. 22).
Amendment 147 #
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 the complexity of the examination of the application.
Amendment 148 #
Proposal for a directive
Article 3 – paragraph 1 – point c a (new)
Article 3 – paragraph 1 – point c a (new)
(c a) third country nationals who apply to reside in a Member State for the purpose of optaining an apprenticeship
Amendment 178 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. If the information or documents in support of the application are incomplete according to the criteria specified in national law, the competent authority shall notify the applicant in writing of the additional information or documents required, setting a reasonable deadline to provide them. The time limit referred to in paragraph 2 shall be suspended until the competent authority or other relevant authorities have received the additional information required. If the additional information or documents is not provided within the deadline set, the competent authority may reject the applicationThird country nationals or employers filing the single permit may submit additional information or documents required in an electronic format and in the English language, if agreed by the employer.
Amendment 181 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Member States shall issue a single permit using the uniform format as laid down in Regulation (EC) No 1030/2002 and shall indicate the information relating to the permission to work in accordance with points (a)12 and 16 of the Annex thereto. The permit shall have a minimum period of validity equivalent to the duration of the employment contract or of two years, if the employment contract is shorter.
Amendment 189 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 190 #
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 paragraph 1, Member States may: require that a change of employer be communicated to the competent authorities in the Member State concerned, in accordance with procedures laid down in national law.
Amendment 194 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point a
Article 11 – paragraph 3 – subparagraph 1 – point a
Amendment 194 #
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
Member States shall make easily accessible, and provide free of charge upon request:
Amendment 197 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point b
Article 11 – paragraph 3 – subparagraph 1 – point b
Amendment 198 #
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) adequate information to the third- country national and the futurprospective employer on all the documentary evidence needed for an application as well as the applicable fees;
Amendment 201 #
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 information on mechanisms for filing complaints and seeking legal redress.
Amendment 205 #
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 Member State concerned may oppose the change of employment within those 30 days, if the Member State considers that there is a risk of labour exploitation.
Amendment 208 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States may require applicants to paythe payment of fees, where appropriate, for processing applications in accordance with this Directive. The level of such fees shall be proportionate, not excessive, and shall be based on the services actually provided for the processing of applications and the issuance of permits. Where the fee for the application is paid for by the employer, the employer shall not be entitled to recover the fee from the third country national afterwards.
Amendment 209 #
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 threesix 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 threesix months expired.
Amendment 212 #
Proposal for a directive
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) to enter, re-enter and reside in the territory of the Member State issuing the single permit, provided that the holder meets all admission requirements in accordance with national law;
Amendment 214 #
Proposal for a directive
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) working conditions, including pay and dismissalremuneration, working time, leave entitlements, dismissal procedures as well as health and safety at the workplace;
Amendment 214 #
Proposal for a directive
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
(b) have free access to the entire territory of the Member State issuing the single permitEuropean Union within the limits provided for by national law;
Amendment 221 #
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 employers than the first employer with whom the permit holder concluded a contract of employment, including in different Member States.
Amendment 222 #
Proposal for a directive
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) education and training including where applicable occupational training entitlements;
Amendment 223 #
Proposal for a directive
Article 12 – paragraph 1 – point d
Article 12 – paragraph 1 – point d
(d) recognition of diplomas, certificates and other professional qualificationand occupational qualifications as well as skills and competences in accordance with the relevant national procedures;
Amendment 224 #
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 paragraph 1, Member States may require that a change of employer be communicated to the competent authorities in the Member State concerned, in accordance with procedures laid down in national law:
Amendment 225 #
Proposal for a directive
Article 12 – paragraph 1 – point e
Article 12 – paragraph 1 – point e
(e) access to branches of social security, as defined in Regulation (EC) No 883/2004;
Amendment 225 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point a
Article 11 – paragraph 3 – subparagraph 1 – point a
Amendment 228 #
Proposal for a directive
Article 12 – paragraph 1 – point g
Article 12 – paragraph 1 – point g
(gi) access to goods and services and, in particular public services, and (ii) the supply of goods and services made available to the public including access to private housing and to 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;
Amendment 229 #
Proposal for a directive
Article 12 – paragraph 1 – point h
Article 12 – paragraph 1 – point h
(h) individualised advice services and support afforded by employment offices.
Amendment 229 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point b
Article 11 – paragraph 3 – subparagraph 1 – point b
Amendment 238 #
Proposal for a directive
Article 12 – paragraph 2 – point d – point ii
Article 12 – paragraph 2 – point d – point ii
Amendment 239 #
Proposal for a directive
Article 12 – subparagraph 1 a (new)
Article 12 – subparagraph 1 a (new)
Member States shall inform third country nationals of any such restrictions applicable when they issue the single permit.
Amendment 240 #
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
4. Third-country workers moving to a third country, or their survivors who reside in a third country and who derive rights from those workers, shall receive, in relation to old age, invalidity and death, statutory pensions based on those workers’ previous employment and acquired in accordance with the legislation referred to in Article 3 of Regulation (EC) No 883/2004, under the same conditions and at the same rates as the nationals of the Member States concerned when they move to a third country. In cases where no bilateral social security agreement exists between the Member State and the third country in question, any resulting difficulty for former single permit holders to receive their pension entitlements shall be addressed by the Member State in a timely and effective manner.
Amendment 242 #
Proposal for a directive
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) working conditions, including payremuneration, working time, leave entitlements and dismissal as well as health and safety at the workplace;
Amendment 243 #
Proposal for a directive
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) education and trainingincluding where applicable occupational training entitlements;
Amendment 244 #
Proposal for a directive
Article 12 – paragraph 1 – point d
Article 12 – paragraph 1 – point d
(d) recognition of diplomas, certificates and other occupational and professional qualifications in accordance with the relevant national procedures;
Amendment 253 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Member States shall ensure that services in charge of inspection of labour or other competent authorities and, wre sufficiently resourced and have access to the workplace. Where provided for under national law in respect of national workersor practice, organisations representing workers’ interests havemay also be granted access to the workplace.
Amendment 257 #
Proposal for a directive
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
1. Member States shall ensure that there are effective mechanisms through which third-country workers may lodge complaints against their employers: directly, or through a designated competent authority of the Member State when provided for by national law. Where provided for in accordance with the criteria laid down by the national law, practices or applicable collective agreements, complaints may also be lodged, with the consent of the third- country worker, by third parties having a legitimate interest in ensuring that this Directive is complied with.
Amendment 261 #
Proposal for a directive
Article 14 – paragraph 1 – point a
Article 14 – paragraph 1 – point a
Amendment 263 #
Proposal for a directive
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
Amendment 265 #
Proposal for a directive
Article 14 – paragraph 1 – point c
Article 14 – paragraph 1 – point c
Amendment 266 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. When provided for in accordance with the criteria laid down by the national law, practices, or applicable collective agreements, 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 this Directive.
Amendment 272 #
Proposal for a directive
Article 14 – paragraph 3 – point a
Article 14 – paragraph 3 – point a
(a) measures protecting against dismissal or other adverse treatment or consequences by the employer as a reaction to a complaint within the undertaking; orand to