Activities of Cristian TERHEŞ 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 (11)
Amendment 59 #
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 not be excluded from the scope of this Directive. All third-country workers who have been admitted to the territory of a Member State to work on a seasonal basis should not be covered by this Directive.
Amendment 89 #
Proposal for a directive
Recital 29
Recital 29
(29) Union law does not limit the power of the Member States to determine volumes of admission of third-country nationals coming from third countries to their territory in order to seek work, nor the right 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. If important aspects of the social security system of a Member State, including its scope, cost or financial structure, were affected by this Directive, the interests of that Member State would prevail.
Amendment 91 #
Proposal for a directive
Recital 31
Recital 31
(31) To reinforce the equal treatment of third-country workers, Member States should provide for effective, proportionate and dissuasive penalties against employers in the event of infringements of national provisions adopted pursuant to this Directive, in particular with regard to working conditions, freedom of association and affiliation and access to social security benefits. Despite the reinforcement of equal treatment of third-country workers, this Directive should not grant rights in relation to family members residing in a third country, other than those who join third-country workers to reside in a Member State on the basis of family reunification or family members who already reside legally in that Member State.
Amendment 95 #
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 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 101 #
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 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, 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. Such mechanisms will respect the principle of equality vis-à-vis the nationals of the respective Member State.
Amendment 120 #
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 orand under the direction and/or supervision of whom the employment is undertaken;
Amendment 145 #
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. In particular, for the case of workers who are beneficiaries of protection in accordance with national law, international obligations or the practice of a Member State or who have applied for protection in accordance with national law, international obligations or the practice of a Member State and whose application has not been the subject of a final decision, the Member State is entitled to extend the time limit.
Amendment 233 #
Proposal for a directive
Article 12 – paragraph 2 – point b – paragraph 1
Article 12 – paragraph 2 – point b – paragraph 1
(b) by limiting the rights conferred on third- country workers under paragraph 1, point (e), but shall not restrict such rights for third-country workers who are in employment or who have been employed for a minimum period of six months and who are registered as unemployed. Such minimum period can be extended if the Member State justifies that important aspects of its social security system, including its scope, cost or financial structure, are affected by this Directive.
Amendment 235 #
Proposal for a directive
Article 12 – paragraph 2 – point b – paragraph 2
Article 12 – paragraph 2 – point b – paragraph 2
In addition, Member States may decide that paragraph 1, point (e), with regard to family benefits shall not apply to third- country nationals who have been authorised to work in the territory of a Member State for a period not exceeding six months, to third-country nationals who have been admitted for the purpose of study. Such period can be extended if the Member State justifies such an extension on the basis that important aspects of its social security system, including its scope, cost or financial structure, are affected by this Directive.
Amendment 241 #
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. Member States may restrict these rights for workers having been employed for a shorter period than what is established under paragraph 2.b above.
Amendment 273 #
Proposal for a directive
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3a. Where the employer is a subcontractor, it will be subject to the penalties referred to in Article 13 in place of any other party.