Activities of Estrella DURÁ FERRANDIS related to 2020/2010(INI)
Shadow opinions (1)
OPINION on new avenues for legal labour migration
Amendments (36)
Amendment 1 #
Draft opinion
Recital -A (new)
Recital -A (new)
-A. whereas there are three types of legal status benefiting from international protection, i.e. people with refugee status, people seeking asylum, and people benefiting from subsidiary protection; whereas social inclusion and labour market integration policies should be tailored to their specific needs and ensure equal treatment with nationals;
Amendment 5 #
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas multi-level cooperation between Member States, local and regional administrations, social partners, civil society, and NGOs are required to unify efforts and face potential challenges that could arise in labour market integration processes; whereas the participation and involvement of social partners, active volunteer organisations, and NGOs in the policy-making process is vital;
Amendment 9 #
Draft opinion
Recital B
Recital B
B. whereas the labour market and social policy play a crucial role social, employment, migration, housing, health, education and training policies play a crucial role in the labour market integration of third-country nationals; whereas the coordination of these different policy areas has been inexistent to the date and remains a challenge for the EU; whereas policy coherence and horizontal coordination is necessary to avoid isolation and reflect the real needs and solutions regarding labour miarket integration;
Amendment 13 #
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas women and minors have specific protection needs; whereas all social inclusion and labour market integration policies for third-country nationals need to include a gender and child protection perspective;
Amendment 21 #
Draft opinion
Recital C
Recital C
C. whereas the demographic changetrend with an increase of the aging population and other societal and economic factors such as the current pandemic, is gradually bringing about qualitative shortages on the labour market, making it hard to find suitably qualified workers, and, as demographic trends become increasingly unfavourable, there are also quantitative shortages, i.e. a general shortfall in the number of people who are to fill specific positions; whereas the EU attracts migrants from different backgrounds and knowledge as wielling and able to take up employment, whether or not efforts are made to match supply in terms of the skills and knowledge sough as a set and grade of skills, that can contribute to filling this gap in the EU labour market;
Amendment 24 #
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. whereas according to Eurofound, workers with a foreign background tend to be overrepresented in sectors dominated by lower-skilled employment, including commerce and hospitality, transport, construction and other services such as home care, long-term care, and the agri-food sector;
Amendment 29 #
Draft opinion
Recital C b (new)
Recital C b (new)
Cb. whereas according to Eurofound, first-generation migrant workers tend to be overrepresented in the elementary occupations such as porter, care taker, delivery worker, and cleaner, and are underrepresented in the professional and managerial jobs such as doctors, lawyers, scientists, and engineers;
Amendment 31 #
Draft opinion
Recital C c (new)
Recital C c (new)
Cc. whereas Eurofound research shows that lack of language skills and lack of recognition of qualifications are among the main barriers preventing first- generation migrants, particularly, from obtaining jobs equivalent to their qualifications;
Amendment 34 #
Draft opinion
Recital C d (new)
Recital C d (new)
Cd. whereas language courses play a key role in the successful integration of migrants from third-countries in the labour market;
Amendment 35 #
Draft opinion
Recital C e (new)
Recital C e (new)
Ce. whereas discrimination, along with linguistic, educational, and institutional factors, are the most significant barriers for third-country nationals suffering from a disadvantaged background and with limited resources, to actively participate in the labour market;
Amendment 37 #
Draft opinion
Recital C f (new)
Recital C f (new)
Cf. whereas Eurofound research found that the region of origin plays a bigger role than migrant status as such in the integration of migrants into the labour force; whereas immigrants from all regions of the world, except North America, are more likely to hold jobs lower down the occupational ladder than the native population; whereas overall, the evidence suggests that there is no automatic gradual assimilation of immigrants and their descendants into the same patterns of employment as natives, with many instances of persistent disadvantage for individuals from certain regions of origin;
Amendment 38 #
Draft opinion
Recital C g (new)
Recital C g (new)
Cg. whereas according to Eurofound research, fostering entrepreneurship for migrants could create social leadership and generate the creation of jobs through good policy initiatives;
Amendment 39 #
Draft opinion
Recital C h (new)
Recital C h (new)
Ch. whereas as regards integration and access to the labour market, there is an ongoing discussion within CEAS (Common European Asylum System) to reduce the current maximum waiting time for access by asylum seekers to the labour market from nine months to six months after applying;
Amendment 42 #
Draft opinion
Recital D
Recital D
D. whereas the migrants the EU attracts are far less well qualified than they should be, given the EU’s position on the international stage; whereas, of all the migrants residing in OECD countries in 2015-16, just 25% of workers with a high level of edCOVID-19 crisis has shown the crucial contribution of migrant workers to support European economies, public services and fill labour shortages; whereas 13% of key workers in essential jobs in the EU are migrants, the share of migrant workers in these professions is close to 20% in many countries (Italy, Belgium, Germany, Sweden and Austria) and in some key sectors e.g. domestic work and construcation chose an EU destination1 ; __________________ 1https://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:5201 8DC0635&from=EN- up to a third of key workers are migrants1a; __________________ 1aInstitute of Labour Economics "Immigrant Key Workers": Their Contribution to Europe’s COVID-19 Response
Amendment 60 #
Draft opinion
Paragraph 1
Paragraph 1
1. Emphasises that, in accordance with Article 79 of the Treaty on the Functioning of the European Union, the EU should pursue a migration policy that is aimed at ensuring fair treatmentand equal treatment, as well as decent working conditions including salary, of third- country nationals residing legally in the EUin Europe;
Amendment 65 #
Draft opinion
Paragraph 2
Paragraph 2
Amendment 76 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Considers that effective integration of third-country nationals into the EU labour-force will undoubtedly support local communities and bring and added value to the EU national countries, by filling the existing gap in terms of skills and knowledge, generating as well economic activity and growth, and bringing a positive return to host communities; reminds that the current crisis has shown evidence that no profession should be a reason for contempt and low-skilled workers often develop an essential role in their jobs for society and should not be underestimated, or high-skilled third-country nationals prioritized, in labour market integration policies and activities;
Amendment 81 #
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls on the European Institutions to resume the discussions and agree on reduction of the current maximum waiting time for access by asylum seekers to the labour market from nine to six months after applying, that would significantly facilitate the integration process and its success;
Amendment 82 #
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Calls on the Commission to undertake an urgent study of the general situation of the employment and health and safety conditions of third-country national posted and seasonal workers, including the role of temporary work agencies, recruiting agencies, other intermediaries, and subcontractors, to identify protection gaps and the possible need to revise the existing legislative framework, such as the legislative framework for health and safety at work, Directive 2014/36/EU on seasonal workers and Directive 2008/104/EC on temporary agency work, as well as pandemic-proofing; stresses that not only are the lessons learned valid concerning the COVID-19 crisis, they should also strengthen evidence-based policymaking to address the shortcomings of EU and national legislation in times of crises and normality;
Amendment 83 #
Draft opinion
Paragraph 3
Paragraph 3
3. Emphasises that maintaining that residence is temporary when it is not – e.g. in the case of seasonal workere need to better protect third-country migrants at work; calls orn those in the ICT sector – often means that the situation of the workers involved is not consistent with the relevant legislation and mobility rules, in many cases leading to lower living standards and working conditions and potential breaches of human rightse Member States and the European Union to guarantee full social protection, minimum standards for decent accommodation, access to consultation and information about applicable labour rights for all workers, independently of their situation or place of origin;
Amendment 94 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to ensure that the ELA becomes fully operational as a matter of priority; stresses the need to provide relevant information on the rights of workers and obligations of employers also concerning third-country national workers in the EU; recalls the need for the ELA to coordinate and support targeted inspections on posting and undeclared work also about third-country national workers;
Amendment 96 #
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls for a common European framework with common rules for the protection and integration of third- country nationals from different background and situations, that sets the legal status of non-EU persons in the EU as well as to ensure the rights and obligations of non-EU workers; reminds that there are existing EU directives such as the Blue Card and the Seasonal Workers Directive (2014/36/EU), that were created to open legal channels but that are poorly used and do not correspond to the current context, demands, and needs; recalls that EU legislation should pave the way for decent jobs with full respect for the principle of equal treatment and access to employment rights for all;
Amendment 98 #
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
Amendment 99 #
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Notes that third-country nationals may be posted from either a third country to an EU Member State directly, or from one EU Member State to another, by obtaining a work permit in the first Member State, prior to their posting to the second Member State; recalls that the Posting of Workers Directives 96/71/EC and 2018/957, including the Enforcement Directive 2014/67/EU, apply to intra-EU postings of third-country nationals; regrets that the EU social acquis does not protect third-country national posted workers posted from third countries to the EU; underlines that the increase of posted third-country national workers in the EU is not problematic per se, but the worrying increase of abuses, exploitations and violations of workers’ rights in relation to this particularly vulnerable group of workers; urges the Commission and the Member States to step their efforts in tackling exploitation also in relation to third-country national posted workers, including abusive practices such as through subcontracting, temporary work agencies, letter-box companies, bogus self-employment, bogus posting and undeclared posted workers;
Amendment 100 #
Draft opinion
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. Calls on the Commission to undertake an urgent study of the general situation of the employment and health and safety conditions of third-country national posted and seasonal workers, including the role of temporary work agencies, recruiting agencies, other intermediaries, and subcontractors, to identify protection gaps and the possible need to revise the existing legislative framework, such as the legislative framework for health and safety at work, Directive 2014/36/EU on seasonal workers and Directive 2008/104/EC on temporary agency work, as well as pandemic-proofing; stresses that not only are the lessons learned valid concerning the COVID-19 crisis, they should also strengthen evidence-based policy-making to address the shortcomings of EU and national legislation in times of crises and normality;
Amendment 101 #
Draft opinion
Paragraph 4
Paragraph 4
4. EmphasisStress the need of better coordination among Member States to improve the collection of data and information on the implementation of EU law by providing support for networks offor the achievement of effective implementation of EU migration policies, including the collection of information on skills demands and equivalences to ensure consistent legislation; highlights that collection of necessary data will provide the necessary support to NGOs and associations, experts and the research, and community, via the presentation of statistics by the Member Statesin real-time;
Amendment 113 #
Draft opinion
Paragraph 5
Paragraph 5
5. EmphasiseHighlights the need to combat unfair competition between the nationals of the Member States and third-country nationals by ensuring full equal treatment, above all in the terms of employment, the right to strike and to join a trade union, access to social protection from the first day, access to public services, social protection and education, and taking action to prevent the exploitation of workers.;
Amendment 119 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Underlines that existing legislation such as the employer’s sanctions directive 2009/52/EC, establishing measures protecting workers from abuses and exploitation at the workplace, must be applied and properly implemented in all EU Member States; emphasizes the importance of equal treatment of all workers, being national or from other EU Member State or a third-country national;
Amendment 125 #
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Highlights that slow and excessively bureaucratic procedures may affect refugees and asylum seekers’ access to education and the labour market, increasing over time the risk to fall in undeclared work and situations of vulnerability; points out that a lengthy processing of international protection applications, and a failed registration of asylum seekers at their arrival, not only impedes timely and legal access of refugees and asylum seekers to the labour market, but also generates conditions for the development of undeclared work practices and all forms of exploitation and abuses;
Amendment 130 #
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Calls for equal opportunities for men and women in all policies and procedures relating to social inclusion and labour market integration of third- country nationals, bearing in mind that women take more often than men the responsibility for the care of children, elderly, or other dependent family members; recalls that provision of quality and accessible childcare and care for other dependants, as well as flexible working arrangements and the implementation of existing EU legislation such as the Work-life balance Directive, are examples of how to improve access to labour markets for all parents and carers and enable their economic and social empowerment;
Amendment 135 #
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Stresses the benefits of education in labour market access and integration; calls thus for strengthening the European Qualifications Framework for the adequate recognition of skills, competences, and qualifications obtained outside the European borders; calls furthermore on the Member States to recognize, validate and certify existing skills, and formal and non-formal competences, talents and know-how, of migrants from third-countries; underlines the importance of guaranteeing to all third-country nationals and in particular, girls and women, young people and persons from a disadvantaged background, access to formal, informal and non-formal education and life-long quality training;
Amendment 140 #
Draft opinion
Paragraph 5 e (new)
Paragraph 5 e (new)
5e. Calls on European institutions to retake the discussions on the revision of the Blue Card Directive immediately, and unblock the situation at the Council;
Amendment 142 #
Draft opinion
Paragraph 5 f (new)
Paragraph 5 f (new)
5f. Highlights the crucial work done by social partners, civil society, local and regional authorities as well as volunteer organisations in offering support for the empowerment and integration of migrants from outside the EU into the labour force, and providing migrant workers with information, in particular about their rights and duties and the protection to which they are entitled; calls also for the full involvement of these stakeholders in the policy-making process;
Amendment 143 #
Draft opinion
Paragraph 5 g (new)
Paragraph 5 g (new)
5g. Considers as important to provide adequate training on employment legislation, rights, and duties to third- country nationals, as well as to institutional authorities, to ensure that migrants are not exploited through undeclared work practices and other forms of severe labour exploitation or discrimination at the workplace;
Amendment 144 #
Draft opinion
Paragraph 5 h (new)
Paragraph 5 h (new)
5h. Underlines the fact that labour market conditions within host countries are one of the determining factors when it comes to ensuring sustainable and successful integration of third-country nationals; is aware of the fact that these persons are heterogenic in terms of age, skills, knowledge, and background; stresses that unemployment in the EU, in particular youth and long-term unemployment, is still at alarming levels in some countries and regions, and that the Commission and the Member States should continue to prioritize policies and investments aimed at providing quality employment for the whole of society, with a particular focus on the most vulnerable people, independently of their situation and birth place; recalls that actions to create quality employment for all promote active labour markets and growth, having a positive impact on national GDPs;
Amendment 145 #
Draft opinion
Paragraph 5 i (new)
Paragraph 5 i (new)
5i. Recalls the importance of using integration funds for real integration measures, and that the objective of labour market integration of third-country nationals must be reflected in greater importance being given to the European Social Fund+; stresses the insufficient allocations to this fund acknowledging the big challenges and the number of key initiatives to be financed by the fund, and calls for investment and additional resources;