27 Amendments of Lucia ĎURIŠ NICHOLSONOVÁ 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 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 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 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 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 197 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point b
Article 11 – paragraph 3 – subparagraph 1 – point b
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 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 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 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 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 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 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