Activities of Edit BAUER related to 2007/0094(COD)
Plenary speeches (1)
Sanctions against employers of illegally staying third-country nationals (debate)
Amendments (5)
Amendment 47 #
Proposal for a directive
Recital 8
Recital 8
(8) The employer should in any case be required to pay to the third-country nationals any outstanding remuneration for the work they have undertaken and any outstanding taxes and social security contributions. In order to secure the effectiveness of this Directive, the employer should return any undue profit generated by the illegal employment of third-country nationals to the employees concerned. If the outstanding remuneration cannot be established, it should be based, by default, on the minimum wage, as defined by the law, or, if no such minimum law is defined, on the presumed level of remuneration to be the minimum income under which citizens of the Member State concerned are entitled to social assistance in that Member State or on collective agreements or practices in the relevant branch of occupation in the Member State in which the employer is established. The employer should also be required to pay, where appropriate, any cost resulting from sending the outstanding remuneration to the country to which the third-country national has returned, has been returned or has been deported.
Amendment 56 #
Proposal for a directive
Recital 10
Recital 10
(10) Member States should further provide for a presumption of a workn employment relationship of at least six months duration so that the burden of proof is put on the employer in respect of at least a certain period. For the purpose of calculating outstanding remuneration and other work-related financial entitlements, the employment relationship shall be presumed to have taken place in accordance with the law, regulation, administrative provisions and/or any collective agreement(s) applicable to comparable employment relationships.
Amendment 78 #
Proposal for a directive
Article 2 – point f a (new)
Article 2 – point f a (new)
(fa) “remuneration” means rates of pay, including overtime rates, that are equal to those which would have been enjoyed by comparable workers in a declared employment relationship.
Amendment 85 #
Proposal for a directive
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) copy or record the content of the residence permit or other authorisation for stay before employment beginretain, for the duration of the employment and at least one year thereafter, the employment a copy and record of the residence permit or other authorisation for stay available for inspection by the competent authorities of the Member States;
Amendment 92 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Member States may give employers a reasonable time limit within which to bring the situation of the employed third- country nationals into line with national law.