40 Amendments of Per CLAUSEN related to 2023/0404(COD)
Amendment 83 #
Proposal for a regulation
Recital 2
Recital 2
(2) Labour shortages have many different root causes such as divestment in skills, poor working conditions, cuts in paid apprenticeships as well as cost- cutting strategies. Addressing labour shortages requires a comprehensive approach at Union and national level which includes, as a priority, better realising the full potential of groups with lower labour market participation, reskilling and upskilling the existing workforce, facilitating intra-EU labour mobility, as well as improving working conditions and the attractiveness of certain occupations. Due to the current scale of the, including work organisation and health and safety in the workplace, the attractiveness of certain occupations, career development and retention strategies. Identifying labour market shortages and the demographic trends, measures targeting the domestic and Union workforce alone are likely to be insufficient to address existing and future labour and skills shortages. Therefore, legal migration is key to complementt Union, national, sectoral level should be done in a transparent way that includes consultation with the social partners at all levels and that takes into consideration the drivers and the root causes. Labour recruitment from third countries can address some of thoese actions and must be part of the solution to fully support the twin transitionroot causes, but it is not a solution to all root causes.
Amendment 119 #
Proposal for a regulation
Recital 6
Recital 6
(6) The EU Talent Pool aims at providing services to employers that are established in the participating Member States, including private employment agencies, temporary work agencies and labour market intermediaries as defined by the International Labour Organisation Convention 181 from 1997 and which genuinely perform substantial economic activities in that Member State. In order to prevent, avoid and combat abuse and circumvention of the applicable rules by employers and undertakings taking improper or fraudulent advantage of existing rules, the determination whether an undertaking genuinely performs substantial activities, other than purely internal management and/or administrative activities (so-called “letter box companies”) should be done in line with Article 4 point 2 of Directive 2014/67/EU on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services.
Amendment 185 #
Proposal for a regulation
Recital 22
Recital 22
(22) The principles of the European Pillar of Social Rights should apply for all activities conducted in the context of the EU Talent Pool, in particular with regard to the right to fair and equal treatment with respect to working conditions, minimum wages, access to social protection, training, and protection of youth people at work. In accordance with those principles, the EU Talent Pool should ensure quality employment and equal treatment.
Amendment 187 #
Proposal for a regulation
Recital 23
Recital 23
(23) The International Labour Organisation (ILO) in its ‘General principles and operational guidelines for fair recruitment’ sets out a number of standards on adequate protection of jobseekers from third countries against unfair recruitment. Employers should comply with applicable Union law and practice. Equal treatment of jobseekers from third countries with respect to nationals of the participating Member States should also be ensured by the employers in accordance with Directive 2011/9813 , Directive 2014/36/EU14 , Directive 2021/1883/EU15 , and Directive 2016/801/EU16 . In accordance with Directive 2019/1152/EU17 , employers participating in the EU Talent Pool should provide to registered jobseekers from third countries information in writing and in an understandable language on their rights and obligations resulting from the employment relationship at the start of the employment. This information should at least include the applicable collective agreement, place and the type of work, the duration of employment, the probation period if such exists, the remuneration, the working hours, the amount of any paid leave and, where applicable other relevant working conditions such as training entitlements. An employer should neither charge any recruitment fee nor prohibit a worker from taking up employment with other employers, outside the work schedule established with that employer, nor subject a worker to adverse treatment for doing so. Employers participating in the EU Talent Pool should comply with Directive 96/71/EC18 as amended by Directive 2018/957 when posting workers in the framework of the provision of services, in particular with regard to the terms and conditions of employment thereby established such as the obligation that third country workers can only be posted to a Member State if they are legally and habitually employed in another Member State. Employers participating in the EU Talent Pool that do not comply with these obligations should be permanently excluded. __________________ 13 Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011 on a single application procedure for a single permit for third- country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State (OJ L 343, 23.12.2011, p. 1–9, ELI: http://data.europa.eu/eli/dir/2011/98/oj). 14 Directive 2014/36/EU of the European Parliament and of the Council of 26 February 2014 on the conditions of entry and stay of third-country nationals for the purpose of employment as seasonal workers OJ L 94, 28.3.2014, p. 375, ELI: http://data.europa.eu/eli/dir/2014/36/oj). 15 Directive (EU) 2021/1883 of the European Parliament and of the Council of 20 October 2021 on the conditions of entry and residence of third-country nationals for the purpose of highly qualified employment, and repealing Council Directive 2009/50/EC, OJ L 382, 28.10.2021, p. 1, ELI: http://data.europa.eu/eli/dir/2021/1883/oj). 16 Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing (recast) (OJ L 132, 21.5.2016, p. 21, ELI: http://data.europa.eu/eli/dir/2016/801/oj). 17 Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union (OJ L 186, 11.7.2019, p. 105, ELI: http://data.europa.eu/eli/dir/2019/1152/oj). 18 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1, ELI: http://data.europa.eu/eli/dir/1996/71/oj).
Amendment 205 #
Proposal for a regulation
Recital 25
Recital 25
(25) The EU Talent Pool platform should meet established needs on the labour market and should not serve as a means to displace or negatively affect the existing workforce or otherwise undermine decent work or fair competition or lead to brain drain in the partnering third country. To better support Member States’ efforts in addressing existing and future labour shortages, the EU Talent Pool should target specific occupations at all skills levels, based on the most common shortage occupations in the Union and on the occupations with a direct contribution to the green and digital transitions, set out in the Annex to this Regulation. In order to adapt the job vacancies to the specific needs of the national labour markets and taking as a starting point the list of EU- wide shortage occupations set out in the Annex, participating Member States shall be allowed to notify to the EU Talent Pool Secretariat the addition or removal of specific shortage occupations. Such notifications should only impact the matches for job vacancies submitted by the respective Member State. Neither the list of EU-wide shortage occupations nor the Member States’ notifications should affect the principle of preference for Union citizens. Employers should exhaust all avenues, especially EURES, to recruit Union citizens before recruiting labour through the EU Talent Pool.
Amendment 240 #
Proposal for a regulation
Recital 31
Recital 31
(31) To achieve the objective of this Regulation, the effective implementation of the EU legal migration acquis should be ensured. In addition, to make the recruitment of jobseekers from third countries residing outside the Union easier and faster for employers, participating Member States may put in place accelerated immigration procedures in particular as regards the obtention of visas and residence permits for work purposes and the exemption from the principle of preference for Union citizens. The implementation of accelerated immigration procedures could be discussed in the context of the EU Talent Pool Steering Group, notably in view of supporting the exchange of best practices among Member States.
Amendment 249 #
Proposal for a regulation
Recital 33
Recital 33
(33) In order to fulfil the objectives of this Regulation of facilitating international recruitment, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to amend this Regulation with regard to the Annex providing the list of EU-wide shortages occupations. It is of particular importance that the Commission carries out appropriate consultations with Member States and social partners on all levels including cross-sector during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making19 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 19 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (OJ L 123, 12.5.2016, p. 1, ELI: http://data.europa.eu/eli/agree_interinstit/2 016/512/oj).
Amendment 275 #
Proposal for a regulation
Article 4 – paragraph 1 – point 2
Article 4 – paragraph 1 – point 2
(2) ‘jobseeker from a third country’ means a person residing outside the Union who is not a citizen of the Union within the meaning of Article 20(1) TFEU and is seeking employment in the Union for themselves;
Amendment 281 #
Proposal for a regulation
Article 4 – paragraph 1 – point 3
Article 4 – paragraph 1 – point 3
(3) ‘employer’ means any natural person, or any legal entity, established in a participating Member State that genuinely performs substantial activities in that Member State, under the direction or supervision of whom the employment is undertaken as well as private employment agencies, temporary work agencies and labour market intermediaries;
Amendment 285 #
Proposal for a regulation
Article 4 – paragraph 1 – point 4
Article 4 – paragraph 1 – point 4
(4) ‘profile’ means the information provided by a jobseeker acting on their own behalf1a from a third country via a standard data format for the purpose of seeking an employment through the EU Talent Pool IT platform; __________________ 1a A natural person, a jobseeker, needs to fill in the profile him/herself. This may be impossible to verify.
Amendment 307 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Profiles of registered jobseekers from third countries shall include the name, surname, contact details, date of birth and nationality, information on academic and professional qualifications, work experience, other skills and language knowledge. Job vacancies of employers participating in the EU Talent Pool shall include the name, surname and, company registration number and address, website, phone number and other relevant contact details.
Amendment 326 #
Proposal for a regulation
Article 9 – paragraph 1 – point d – point i (new)
Article 9 – paragraph 1 – point d – point i (new)
i) adopt and provide guidelines to the National Contact Points for screening and vetting participating employers’ compliance with the requirements in Article 13.
Amendment 328 #
Proposal for a regulation
Article 9 – paragraph 1 – point d a (new)
Article 9 – paragraph 1 – point d a (new)
(da) assess the risk of brain drain in partnering third countries. If such a risk can be established, the relevant authorities in that third country shall be notified.
Amendment 331 #
Proposal for a regulation
Article 9 – paragraph 1 – point d b (new)
Article 9 – paragraph 1 – point d b (new)
(db) consulting with the European Labour Authority as regards analysis of professions and sectors where social dumping involving third country nationals is widespread.
Amendment 338 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Representatives of the cross- industry and sectoral social partners organisations at Union level shall have the right to participate as observers in the meetingbe members of the EU Talent Pool Steering Group. Representation of two participants from trade union and two participants from employer organisations shall be ensured by the EU Talent Pool Steering Group. Those representatives shall sign a written statement declaring that they are not in a situation of conflict of interest.
Amendment 341 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Each participating Member State shall designate an EU Talent Pool National Contact Point. Participating Member States shall ensure that relevant authorities from the field of employment and immigration, which may include the social partners, are appointed as the EU Talent Pool National Contact Points.
Amendment 353 #
Proposal for a regulation
Article 10 – paragraph 2 – point d
Article 10 – paragraph 2 – point d
(d) keeping a public registry of employers participating in the EU Talent Pool; and screening and vetting participating employers’ compliance with Article 13 and that such employers are based in a Member State and genuinely perform substantial economic activity in that Member State, other than purely internal management and/or administrative activities. EU Talent Pool National Contact Points, together with other relevant authorities, shall make an overall assessment of all factual elements characterising those activities, taking into account a wider timeframe, carried out by the employer in the Member State of establishment in line with Article 4 paragraph 2, points a, c, d and e of Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC 1a ; __________________ 1a Notably the following conditions are relevant: the place where the undertaking has its registered office and administration, uses office space, pays taxes and social security contributions and, where applicable, in accordance with national law has a professional licence or is registered with the chambers of commerce or professional bodies; the law applicable to the contracts concluded by the undertaking with its workers, on the one hand, and with its clients, on the other; the place where the undertaking performs its substantial business activity and where it employs administrative staff; the number of contracts performed and/or the size of the turnover realised in the Member State of establishment, taking into account the specific situation of, inter alia, newly established undertakings and SMEs.
Amendment 359 #
Proposal for a regulation
Article 10 – paragraph 2 – point e
Article 10 – paragraph 2 – point e
(e) suspendpermanently removing the access of employers participating in the EU Talent Pool and removing their job vacancies from the EU Talent Pool IT platform in case of a breach of the relevant law and practice pursuant to Article 13(3) is notified to the EU Talent Pool National Contact Points by the relevant national authorities responsible for enforcing the relevant law and practice; keeping a registry of employers that have been permanently excluded from the EU Talent Pool, which shall be made publicly available;
Amendment 372 #
Proposal for a regulation
Article 10 – paragraph 3 – point a (new)
Article 10 – paragraph 3 – point a (new)
(a) EU Talent Pool National Contact Points shall remain neutral during collective bargaining disputes, such as strikes or lockouts in accordance with applicable labour law. They shall not transfer any related job vacancies and put ongoing recruitment processes on hold until the dispute is settled.
Amendment 381 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Access to registering a profile in the EU talent Pool IT platform shall be limited to natural persons who expressly declare not to be subject to a judicial or administrative decision refusing the entry or stay in a Member State in accordance with its national law or an entry ban to the territory of the Union in accordance with Directive 2008/115/EC.
Amendment 383 #
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. Access to registering a profile in the EU talent Pool IT platform shall not include intermediaries acting on a jobseekers behalf.
Amendment 424 #
Proposal for a regulation
Article 13 – paragraph 2 – point b a (new)
Article 13 – paragraph 2 – point b a (new)
(ba) have already been posted on EURES, but have been left vacant.
Amendment 428 #
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. Comply with national law and practice as regards terms and conditions for the employment and provide clear information on relevant terms and conditions of employment, especially working time, remuneration and any applicable social benefits.
Amendment 429 #
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 1
Article 13 – paragraph 3 – subparagraph 1
Employers participating in the EU Talent Pool shall comply with the relevant Union and national law and practice to ensure third-country nationals’, including applicable collective agreements, as well as the ILO General Principles and Operational Guidelines on Fair Recruitment to ensure third-country nationals’ right to freedom of association and collective bargaining, protection against unfair recruitment and inadequate working conditions as well as non- discrimination in respect of employment and occupation. Participating Member States may introduce additional conditions for the employers’ participation in the EU Talent Pool to ensure compliance with other relevant national practices, collective agreements and the principles and guidelines set out by the International Labour Organisation, in compliance with Union law.
Amendment 444 #
Proposal for a regulation
Article 13 – paragraph 5 – point 1 (new)
Article 13 – paragraph 5 – point 1 (new)
(1) Employers participating in the EU Talent Pool shall provide to registered jobseekers from third countries information in writing and in an understandable language on their rights and obligations resulting from the employment relationship at the start of the employment at the latest. This information shall at least include the applicable collective agreement, place and the type of work, the duration of employment, the probation period, the remuneration, the working hours, the amount of any paid leave and, where applicable other relevant working conditions such as training entitlements.
Amendment 453 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 – introductory part
Article 14 – paragraph 1 – subparagraph 2 – introductory part
Amendment 460 #
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1
Article 15 – paragraph 1 – subparagraph 1
The participating Member States may decide to add shortage occupations at the ISCO-08 4-digit level, in order to satisfy their specific labour market needs. They may also decide to remove shortage occupations from the EU-wide list where those do not correspond to their specific labour market needs. The country-specific adjustments shall be made in consultation with national and sectoral social partners and only affect the matching of job vacancies in the Member State concerned.
Amendment 463 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The EU Talent Pool National Contact Points shall transfer to the EU Talent Pool IT platform only those job vacancies that correspond to the EU-wide list of shortage occupationsEmployers participating in the EU Talent Pool may access a list of suggested registered jobseekers’ profiles generated by the automatic matching tool and based only on the relevance of their skills, qualifications and work experiences for the job vacancy. The automatic matching tool cannot takinge into account the adjustments referred to in paragraph 1gender, age, ethnic or country origin, religion or any other sensitive data when undertaking matching.
Amendment 483 #
Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 2 – point a
Article 17 – paragraph 1 – subparagraph 2 – point a
(a) sufficient information concerning fair recruitment and immigration procedures, recognition of qualifications and validation of skills, rights and procedural safeguards of third country nationals, including with regard to available redress mechanismlabour and trade union rights as well as legal redress mechanisms, the complaint mechanism pursuant to Article 18 and organisations relevant for third country national workers such as trade unions as well as information on living and working conditions in the participating Member States;
Amendment 497 #
Proposal for a regulation
Article 17 – paragraph 2 – introductory part
Article 17 – paragraph 2 – introductory part
2. Upon request from registered jobseekers from third countries and employers participating in the EU Talent Pool, the EU Talent Pool National Contact Points shall provide additional support, and post-selection assistance to registered jobseekers and workers from third countries, in their own language, and employers participating in the EU Talent Pool, in particular with regard to:
Amendment 505 #
Proposal for a regulation
Article 17 – paragraph 2 – point c
Article 17 – paragraph 2 – point c
(c) specific information on third- country nationals’ rights and obligations including labour and trade union rights, access to social benefits, health assistanccare, education, housing, recognition ofskills and qualifications and the complaintavailable complaints and redress mechanism pursuant to Article 18;
Amendment 518 #
Proposal for a regulation
Article 18 – title
Article 18 – title
Facilitation of complaints and legal redress
Amendment 522 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Participating Member States shall ensure that there are accessible, timely and effective mechanisms through which social partners and registered jobseekers and workers from third countries may lodge complaints in case of breach by the employers participating in the EU Talent Pool of the obligations and conditions laid down in Article 13(3). Jobseekers and workers lodging a complaint shall be protected from any retaliation or any other adverse consequences as a result of a complaint.
Amendment 524 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Participating Member States shall make information concerning available legal redress mechanisms easily accessible and in a language the third-country national can understand or can reasonably be expected to understand.
Amendment 527 #
Proposal for a regulation
Article 18 – paragraph 2 – point 1 (new)
Article 18 – paragraph 2 – point 1 (new)
(1) In case an employer is found in breach of the relevant law and practice pursuant to Article 13(3), that employer shall be permanently excluded from the EU Talent Pool.
Amendment 541 #
Proposal for a regulation
Article 19 – paragraph 2 – point b
Article 19 – paragraph 2 – point b
Amendment 551 #
Proposal for a regulation
Article 20 – paragraph 1 – point f a (new)
Article 20 – paragraph 1 – point f a (new)
(fa) the number of postings from the Member State of origin to another Member State of workers from third countries admitted through the EU Talent Pool.
Amendment 556 #
Proposal for a regulation
Article 20 – paragraph 1 – point f b (new)
Article 20 – paragraph 1 – point f b (new)
(fb) the number of breaches by employers of relevant national law and practices, collective agreements and the principles and guidelines set out by the International Labour Organisation concerning workers from third-countries admitted through the EU Talent Pool.
Amendment 561 #
Proposal for a regulation
Article 20 – paragraph 2 a (new)
Article 20 – paragraph 2 a (new)
2a. The EU Talent Pool Secretariat shall analyse the data collection for any risks of brain drain and present its findings to the EU Talent Pool Steering Group.
Amendment 563 #
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. The EU Talent Pool Secretariat shall gather the data referred to in paragraph 1 with the support of the EU Talent Pool National Contact Points and the EU Talent Pool Steering Group. The data shall be made publicly available.