104 Amendments of Konstantinos ARVANITIS related to 2022/0131(COD)
Amendment 60 #
Proposal for a directive
Recital 6
Recital 6
(6) This Directive should cover employment relationships or contracts between third- country workers and employers, in accordance with national law, practice and collective agreements. 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 or contract with the worker, such agencies should not be excluded from the scope of this Directive.
Amendment 65 #
Proposal for a directive
Recital 8
Recital 8
(8) Third-country nationals who are beneficiaries of protection in accordance with national law, international obligations or the practice of a Member State, as well as third-country nationals who have applied for international protection and undocumented workers, should be covered by the scope of this Directive in order to be granted an enhanced set of rights.
Amendment 68 #
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 72 #
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 standards and social security regulations, facilitation of complaints and legal redress.
Amendment 74 #
Proposal for a directive
Recital 16
Recital 16
(16) The deadline for adopting a decision on the application should, however , not include the time required for the recognition of professional and occupational qualifications . This Directive should be without prejudice to national procedures on the recognition of diplomas.
Amendment 77 #
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 or contract conditions 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. Changes in such employment relationship and conditions should not constitute a change of employer for the purposes 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 81 #
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. 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 a paidn employment relationship or contract, to work there in accordance with collective agreements, national law or practice.
Amendment 83 #
Proposal for a directive
Recital 25
Recital 25
(25) WQuality working conditions as referred to in this Directive should cover at least pay and dismissal, health and safety at the workplaceremuneration, including protection of wages and minimum wages, occupational safety and health, working time and, leave and dismissal, taking into account collective agreements in force.
Amendment 85 #
Proposal for a directive
Recital 26
Recital 26
(26) A Member State should recognise professional and occupational 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 87 #
Proposal for a directive
Recital 27
Recital 27
(27) Third-country workers should enjoy equal treatment as regards social security. 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 92 #
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 affiliationfundamental principles and labour rights, including freedom of association and affiliation, the right to take industrial action and the right to strike, the right to collective bargaining, the principle of equal pay for work of equal value, protection against forced and child labour, protection against discrimination, working conditions and access to social security benefits.
Amendment 96 #
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, in particular trade unions and relevant civil society organisations, 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, to detect breaches in labour and social law, in order to ensure quality working conditions. 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 102 #
Proposal for a directive
Recital 33
Recital 33
(33) Member States should also put in place effective, timely, transparent and gender responsive 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.
Amendment 105 #
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, debt bondage and other exploitative practices should be addressed, in cooperation with trade unions and relevant civil society organisations, through the provision of information to potential applicants and permit holders, monitoring, penalties and facilitation of complaints and legal redress. The International Labour Organisation principle that workers should not bear the costs of recruitment fees and related costs should also be recalled.
Amendment 108 #
Proposal for a directive
Recital 34
Recital 34
(34) The single permit should authorise the third-country national to change the employer without restrictions 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 place. The single permit should not be withdrawn during a period of at least threnine months in the event of the unemployment of its holder. In the case of a third-country national’s incapacity to work due to pregnancy, disability or injury, accident or disease, in particular work-related, the calculation of the 9-month period should commence no earlier than the first day he/she regains capacity to work.
Amendment 115 #
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 117 #
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, national law or practice, with consideration to the case-law of the Court of Justice;
Amendment 120 #
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 issuingcompetent authorities from collecting information related to employment conditions for the purpose of monitoring, implementing and enforcing labour and social security regulations. Member States may/shall issue an additional paper document in order to be able to give more precise information on the employment relationship conditions 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. Changes in such employment conditions should not constitute a change of employment relationship for the purposes of the single permit. Technical possibilities offered by Article 4 of Regulation (EC) No 1030/2002 and point (a)2016 of the Annex thereto can also be used to store such information in an electronic format.
Amendment 121 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) third-country nationals who have been admitted to a Member State for purposes other than work in accordance with Union or national law, who are allowed to work and who hold a residence permit in accordance with Regulation (EC) No 1030/2002; and
Amendment 122 #
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) third-country nationals who have been admitted to a Member State for the purpose of work in accordance with Union or national law., including seasonal workers, au pairs and seafarers;
Amendment 123 #
Proposal for a directive
Article 3 – paragraph 1 – point c a (new)
Article 3 – paragraph 1 – point c a (new)
(ca) third-country nationals who have been authorised to reside in a Member State on the basis of temporary protection or have applied for international protection and whose application has not been subject to a final decision.
Amendment 124 #
Proposal for a directive
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) who are covered by Directive 96/71/EC as long as they are genuinely posted on the territory of the Member State concerned ;
Amendment 126 #
Proposal for a directive
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
Amendment 128 #
Proposal for a directive
Article 3 – paragraph 2 – point f
Article 3 – paragraph 2 – point f
Amendment 131 #
Proposal for a directive
Article 3 – paragraph 2 – point g
Article 3 – paragraph 2 – point g
Amendment 131 #
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 132 #
Proposal for a directive
Article 3 – paragraph 2 – point j
Article 3 – paragraph 2 – point j
(j) who have applied for admission or who have been admitted to the territory of a Member State as genuinely self- employed workers;
Amendment 134 #
Proposal for a directive
Article 3 – paragraph 2 – point k
Article 3 – paragraph 2 – point k
Amendment 135 #
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
Recital 33 a (new)
Recital 33 a (new)
(33 a) In the implementation of this Directive, Member state authorities should pay particular attention to the role of recruitment agencies. While recruitment agencies may 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 (Article 9) and permit holders (Article 11d), monitoring and penalties (Article 13) and facilitation of complaints and legal redress (Article 14). The International Labour Organisation principle that workers should not bear the costs of recruitment fees and related costs is also recalled in relation to Article 10.
Amendment 141 #
Proposal for a directive
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. Applicants shall be granted the choice between remote and in-person service provision and have the opportunity to submit relevant documents both electronically and physically.
Amendment 144 #
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 month90 days of the date on which the application was lodged.
Amendment 146 #
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 applicationcriteria and conditions for issuing the permit as required by national law and issuing the requisite visa referred to in Article 4(3). To meet this time limit, national authorities shall ensure sufficient human, material and IT resources are available in the relevant services.
Amendment 146 #
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 contractor employment relationship in that 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 150 #
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 Article10 shall be reimbursed to the applicant.
Amendment 150 #
Proposal for a directive
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
(e) who have applied for admission or have been admitted to the territory of a Member State as seasonal workers in accordance with Directive 2014/36/EU or au pairs in accordance with Directive (EU) 2016/801 ;
Amendment 151 #
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 working conditions of offer(s) of the employment relationships ofr contracts to the third- country national (such as, prior to the first working day, at least in relation to the name and address of the employer, habitual place of work, type of work, working hours, and 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 in point (a)20 of the Annex thereto. A change in the aforementioned working conditions shall not constitute a change of employer. When the information is processed, the third-country national shall be informed about what information is being stored, the format and retention period, the purpose and who has access to it, as well as how to access and change the information.
Amendment 153 #
Proposal for a directive
Article 3 – paragraph 2 – point i
Article 3 – paragraph 2 – point i
Amendment 155 #
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
Member States may indicate additional information related to the employment relationship or contract conditions of the third-country national (such as the name and address of the employer, 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 156 #
Proposal for a directive
Article 3 – paragraph 2 – point k
Article 3 – paragraph 2 – point k
Amendment 157 #
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
Member States shall make easily accessible, in cooperation with trade unions and relevant civil society organisations, make easily accessible in a language the third-country national can understand, and provide upon request:
Amendment 158 #
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 or as au pairs in accordance with Directive (EU) 2016/801.
Amendment 160 #
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 authorities shall inform the third-country national about the status and outcomes of each stage of the application process.
Amendment 161 #
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 future employer on all the documentary evidence needed for an application, including the applicable fees and related rules;
Amendment 162 #
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 social and labour rights, obligations and procedural safeguards of the third- country nationals and of their family members., under this Directive and under relevant Union and national labour law and practice;
Amendment 166 #
Proposal for a directive
Article 9 – paragraph 1 – point b a (new)
Article 9 – paragraph 1 – point b a (new)
(ba) information on the rights and procedures related to changing employer, and related to possible sub-contracting or posting arrangements;
Amendment 167 #
Proposal for a directive
Article 9 – paragraph 1 – point b b (new)
Article 9 – paragraph 1 – point b b (new)
(bb) 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 and relevant civil society organisations.
Amendment 167 #
Proposal for a directive
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4 a. Applicants should always be granted the choice between remote and in-person service provision and have the opportunity to submit documents relevant for the procedure both electronically and physically.
Amendment 171 #
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 employer, they shall not be transferred to the third-country national.
Amendment 171 #
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 month60 days of the date on which the application was lodgsubmitted.
Amendment 173 #
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 applicationcriteria 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 competent authorities. To meet this time limit, national authorities shall ensure sufficient human, material and IT resources are available in the relevant services.
Amendment 175 #
Proposal for a directive
Article 11 – paragraph 1 – point d
Article 11 – paragraph 1 – point d
Amendment 178 #
Proposal for a directive
Article 11 – paragraph 1 – point d a (new)
Article 11 – paragraph 1 – point d a (new)
(da) receive and keep the single permit and their identity documents, both in digital and non-digital form, in order to prevent document retention by employers.
Amendment 179 #
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 single permit shall have a minimum period of validity equivalent to the duration of the contract, which shall be, at a minimum, the duration of the contract of employment or of two years if the contract is of an undetermined period.
Amendment 182 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
Member States may/ shall indicate additional information related to the working conditions of offer(s) of employment relationship ofs and contracts to the third-country national (such as, prior to the first working day, in relation to the name and address of the employer, habitual place of work, type of work, working hours, and 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. A change in such working conditions shall not constitute a change of employment relationship for the purpose of the single permit. When the information is processed, the third-country national shall be informed about his rights according to art 13, 14 and 15 under the Regulation 2016/679.
Amendment 183 #
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
Amendment 184 #
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: (a) allow a single permit holder to beseek employed by a different employer than the first employer with whom the permit holder concluded a contract of employment. ment and conclude a contract of employment with a different employer; (b) require that each employer communicates, prior to the first working day, any new employment relationship or contract 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 contract or 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; (c) confirm receipt of the communication of the new employment contract or relationship to the new employer and the third-country national.
Amendment 184 #
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
Member States may indicate additional information related to the working conditions of offer(s) of employment relationship ofs and contracts to the third- country national (such as the name and address of the employer,s, 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. A change in such working conditions shall not constitute a change of employment relationship for the purpose of the single permit. When the information is processed, the third- country national shall be informed about his rights according to art 13, 14 and 15 under the Regulation2016/679.
Amendment 190 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 191 #
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: reference to paragraph 1, Member States may require that a change of employer be subject to a check in order to determine whether the conditions comply with labour standards.
Amendment 192 #
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
Member States shall, in cooperation with trade unions, non-governmental and grassroots organizations, make easily accessible, and provide upon request: , in multiple third- country languages and free of charge:
Amendment 193 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point a
Article 11 – paragraph 3 – subparagraph 1 – point a
Amendment 197 #
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, including the applicable fees and related rules;
Amendment 198 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point b
Article 11 – paragraph 3 – subparagraph 1 – point b
Amendment 199 #
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. under this Directive, including information on the employers’ obligations to inform the migrant worker of their worker rights under Directive 2019/1152 on Transparent and predictable working conditions and under other relevant Union and national labour law and practice
Amendment 202 #
Proposal for a directive
Article 9 – paragraph 1 – point b a (new)
Article 9 – paragraph 1 – point b a (new)
(b a) (c) information on the rights and procedures related to changing employer, and related to possible sub-contracting or posting arrangements.
Amendment 203 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2
Article 11 – paragraph 3 – subparagraph 2
The right of the single permit holder tomay pursue such a change of employer may be suspended for a maximum of 30 days, continue working for their former employer, or be unemployed while the Member State concerned checks the labour market situation 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 days. a maximum of 30 days, informing the third- country national accordingly from which date the 9-month period of unemployment shall apply.
Amendment 205 #
Proposal for a directive
Article 9 – paragraph 1 – point b b (new)
Article 9 – paragraph 1 – point b b (new)
(b b) (d) 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 206 #
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 threnine months i. In the event of unemployment of the single permits holder., Member States shall allow the third- country national to stay in their territory during a period of at least nine months and until the competent authorities have taken a decision in accordance with paragraph 3, point (b), as relevant, eve, even if that period of at least nine months expired. In order to enable the third-country national to find alternative employment. In the case of a third-country national’s incapacity to work due to pregnancy, disability or injury, accident or disease, in particular work-related, the calculation iof that period of at least three months expirede 9- month period shall start no earlier than the first day he/she regains capacity to work.
Amendment 206 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States may require applicants to paythe payment 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 209 #
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 in accordance with national law, 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 213 #
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 regarding quality working conditions, including remuneration, 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 equal treatment between men and women, health and safety at the workplace and dismissal, in accordance with Directive (EU) 2019/1152, Directive 2008/104/EC, Directive 89/391 EEC, and Directive 2022/2041;
Amendment 215 #
Proposal for a directive
Article 11 – paragraph 1 – point c a (new)
Article 11 – paragraph 1 – point c a (new)
(c a) to seek employment with a different employer and conclude a contract of employment with different employers, including where an offer or contract of employment was required during the single application procedure in accordance with national law.
Amendment 216 #
Proposal for a directive
Article 11 – paragraph 1 – point d
Article 11 – paragraph 1 – point d
Amendment 217 #
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, as well as the coverage of third- country nationals’ outstanding claims by state guarantee institutions in the case of insolvency of the employer;
Amendment 218 #
Proposal for a directive
Article 11 – paragraph 1 – point d a (new)
Article 11 – paragraph 1 – point d a (new)
(d a) Member States shall provide information systematically, in an accessible way in a language they can understand, to all single permit holders, in collaboration with organisations representing and supporting migrant workers, including trade unions, non- governmental and grassroots organisations. Information provided should include, at least: (a) labour and social rights, relevant collective agreements and administrative requirements and procedures, of the permit holder and their family members; (b) the rights and procedures related to changing employer, and related to possible sub-contracting or posting arrangements; (c) 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 219 #
Proposal for a directive
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) 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, the right to take industrial action and the right to strike, without prejudice to the national provisions on public policy and public security;
Amendment 223 #
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: shall require that each employer communicates, prior to the first working day, any new employment relationship to the competent authorities in the Member State concerned, providing information 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.
Amendment 224 #
Proposal for a directive
Article 12 – paragraph 1 – point d
Article 12 – paragraph 1 – point d
(d) recognition of diplomas, certificates and other professional and occupational qualifications in accordance with the relevant national procedures;
Amendment 226 #
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 affordable, housing conditions and rental contracts meet standards and regulations for private rental under national law, and prohibit rental contracts from being part of the employment contract, as well as deductions for travel, board and lodging from remuneration.
Amendment 227 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point b
Article 11 – paragraph 3 – subparagraph 1 – point b
Amendment 232 #
Proposal for a directive
Article 12 – paragraph 2 – point b
Article 12 – paragraph 2 – point b
Amendment 232 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2
Article 11 – paragraph 3 – subparagraph 2
Amendment 236 #
Proposal for a directive
Article 12 – paragraph 2 – point d
Article 12 – paragraph 2 – point d
Amendment 238 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Within the period of validity referredIn the event of unemployment of the single permit holder, and in order to allow the holder to fin paragraph 1d alternative employment, the single permit shall not be withdrawn duringfor a period of at least threnine months in the event of unemployment of its holder. Member States shall allowduring which period the third- country national to stay ishall be allowed to remain on 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 three months expiredof the Member State concerned. If there are restrictions under national law regarding which jobs are eligible for a single permit, the third- country national shall have access to the labour market until they are able to find an eligible job.
Amendment 242 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall, in cooperation with social partners and relevant civil society 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 sectors with high risk of labour rights violations, in accordance with national law or administrative practice.
Amendment 245 #
Proposal for a directive
Article 12 – paragraph 2 – point b – paragraph 2
Article 12 – paragraph 2 – point b – paragraph 2
Amendment 246 #
Proposal for a directive
Article 12 – paragraph 2 – point d
Article 12 – paragraph 2 – point d
Amendment 247 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States shall lay down the rules on penalties applicable to infringements by employers of national provisions adopted pursuant to Article 12. 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, and shall impose them in cases of infringements by employers. These penalties shall include, among others, publicly registering infringements conducted by employers, administrative and financial penalties, such as fines or the payment of compensation, and 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. If an infringement by the employer results in the termination of the employment contract or relationship with the third- country national, the single permit shall not be withdrawn for a period of at least nine months, in accordance with Article 11, in order to enable the permit holder to find alternative employment. In the case of a third-country national’s incapacity to work due to pregnancy, disability or injury, accident or disease, in particular work-related, the calculation of the 9- month period shall start no earlier than the first day he/she regains capacity to work.
Amendment 247 #
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The right to equal treatment laid down in paragraph 1 shall be without prejudice to the right of the Member State to withdraw or to refuse to renew the residence permit issued under this Directive, on the residence permit issued for purposes other than work, or any other authorisation to work in a Member Statgrounds mentioned in this Directive.
Amendment 249 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall, in cooperation with the 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, assessment and, where appropriate, inspections in accordance with national law or administrative practice.
Amendment 250 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States shall lay down the rules onimpose penalties applicable to infringements by employers of national provisions adopted pursuant to Article 12., and shall impose them in cases of infringements by employers. If an infringement by the employer results in the termination of the employment contract or employment relationship with one or more third- country national, the latter should be eligible for a transitional permit in accordance with Article13.2 a (NEW) 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 252 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Member States shall ensure the function of labour inspectorates with necessary funds, resources and staff, in order to ensure effective, proportionate and non-discriminatory controls and field inspections, including routine and unannounced visits, and strengthen the protection of third-country nationals from exploitation, discrimination and unequal treatment. 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, in particular trade unions have access to the workplace. and, with the agreement of the worker, to their data.
Amendment 253 #
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2 a. Where it is established that a single permit holder has experienced a violation of his or her rights as a result of the conduct of his or her employer, Member States shall grant that single permit holder a transitional single permit, to enable him or her to seek and find alternative employment. That transitional single permit shall have a period of validity of at least twelve months from the date on which it is issued.
Amendment 255 #
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, where provided for under national law in respect of national workers, organisations representing workers’, interests particular trade unions, have access to the workplace.
Amendment 259 #
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 259 #
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 approvalconsent, in any judicial and/or administrative procedures aimed atfor enforcing compliance withthe rights granted to the third-country worker pursuant to this Directive.
Amendment 263 #
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 by the employer as a reaction to a complaint within the undertaking; or tond workers' representatives, including those who are trade union members or representatives, from any adverse treatment and from any adverse consequences resulting from a complaint or any proceedings initiated with the aim of enforcing compliance in the case of infringements of rights provided in this Directive;
Amendment 265 #
Proposal for a directive
Article 14 – paragraph 3 – point b
Article 14 – paragraph 3 – point b
(b) any(b) effective, timely and impartial complaints mechanisms, including dispute resolution and judicial and/or administrative procedures aimed at enforcing compliance withright set out in thise Directive.
Amendment 267 #
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15 a Member States shall apply the relevant provisions of Regulation (EU)2016/679 when implementing this Directive.
Amendment 268 #
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 contract or relationship has ended, have the same access as nationals of the Member State where they reside with regard to:
Amendment 271 #
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 by the employer as a reaction to a complaint within the undertaking;nd workers’ representatives, including trade union members or representatives, from any adverse treatment and consequences resulting from a complaint with the employer or from any proceedings initiated with the aim of enforcing compliance in the case of infringements orf to his Directive;
Amendment 275 #
Proposal for a directive
Article 14 – paragraph 3 – point b
Article 14 – paragraph 3 – point b
(b) any effective, timely and impartial complaints mechanisms, including dispute resolution, mediation, and judicial and/or administrative procedure aimed at enforcing compliance with this Directive.
Amendment 279 #
Proposal for a directive
Article 16 – paragraph 1 – point c a (new)
Article 16 – paragraph 1 – point c a (new)
(ca) on problems in the application of this Directive, cases of discrimination and abusive treatment of third-country nationals.