9 Amendments of Hubert PIRKER related to 2010/0210(COD)
Amendment 95 #
Proposal for a directive
Recital 16
Recital 16
(16) The duration of stay should be limited to a maximum period per calendar year which, together with the definifixed by the Member States at a maximum period within any 12 months, which, to ensure that the employment in question is of a seasonal worknature, should ensure that the work is of genuinely seasonal naturenot exceed nine months. Provision should be made that within thate maximum duration of stay officially granted to the seasonal worker, an extension of the contract or change of employer is possible. This should serve to reduce risks of abuses that seasonal workers may face if tied to a single employer and at the same time provide for a flexible response to employers’ actual workforce needs.
Amendment 103 #
Proposal for a directive
Recital 17
Recital 17
(17) Circular migration of third-country national seasonal workers should be promoted. In order for seasonal workers to have employment prospects in the EU for periods beyond a single season and for EU employers to be able to rely on a more stable and already trained workforce, the possibility of access to seasonal employment for several consecutive years should be provided, either through a multi- seasonal worker permit or a facilitated procedure. This procedure should include preference over admissions of third- country nationals applying to be admitted as seasonal workers for the first time or reduced processing times, or less documentary evidence being required. Such arrangements should not affect, or circumvent, the requirement that the employment be of a seasonal nature.
Amendment 109 #
Proposal for a directive
Recital 19
Recital 19
(19) In order to ensure that seasonal workers have adequate accommodation during their stay, including at a price that ais reasonable costand reflects the market rate in the area in question, provision should be made to require employers to provide the evidence of the accommodation they or third- parties can provide.
Amendment 137 #
Proposal for a directive
Article 3 – point c
Article 3 – point c
(c) ‘activity dependent on the passing of the seasons’ means an activity that is tied to a certain time of the year by an event or patternrecurring series of events during which labour levels are required that are far above those necessary for usually ongoing operations;
Amendment 166 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall require that the seasonal worker will have sufficient resources duringfor the duration of his/her stay to maintain him/herself in the Member State concerned without having recourse to the social assistance system of theat Member State concerned.
Amendment 179 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Member States may reject an application if the employer has been sanctioned repeatedly in conformity with national law for undeclared work and/or illegal employment.
Amendment 227 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Seasonal workers shall be allowed to reside for a maximum of sixnine months in any calendar year, after which12-month period, the Member States having discretion to fix a maximum duration of stay within that limit according to the needs of their respective national labour markets. On expiry of the maximum duration of stay in the country in question, they shall return to a third country.
Amendment 232 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Within the period referred to under paragraph 1maximum period of stay granted in the individual case, and provided that the criteria of Article 5 are met, seasonal workers shall be allowed to extend their contract or to be employed as seasonal worker with a different employer if the first employer has infringed workers’ rights.
Amendment 246 #
Proposal for a directive
Article 12 – paragraph 2 – point a
Article 12 – paragraph 2 – point a
(a) a third-country national who has not complied with the obligations arising from the admission decision during a previous stay as a seasonal worker, and in particular with the obligation to return to a third country on the expiry of the seasonal worker permit, shall be excluded from admission as seasonal worker for one or more subsequent years; the duration of the exclusion shall be determined under national law.