25 Amendments of Atidzhe ALIEVA-VELI 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 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 The singlpermit holder, the permit should not be withdrawn during a period of at least three months in the event of the unemployment of its holdersix months.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 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 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 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 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 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