Activities of Simon BUSUTTIL related to 2007/0094(COD)
Plenary speeches (1)
Sanctions against employers of illegally staying third-country nationals (debate)
Amendments (30)
Amendment 59 #
Proposal for a directive
Recital 10
Recital 10
(10) Member States should further provide for a presumption of a work relationship of at least six months durmay provide for the employee and the third-country nation sal to thatve the burden of proof is put on the employer in respect of at least a certain periodpossibility of proving the existence and duration of the work relationship.
Amendment 61 #
Proposal for a directive
Recital 13
Recital 13
Amendment 64 #
Proposal for a directive
Recital 19
Recital 19
Amendment 73 #
Proposal for a directive
Article 4 - paragraph 1 - point a
Article 4 - paragraph 1 - point a
(a) require the production by third-country nationals, of a residence permit or a work permit or another authorisation for stay valid for the period of the employment in question; , before the commencement of their employment. In cases where the duration of the employment contract exceeds the period of validity of the valid residence permit or another authorisation for stay under this paragraph, Member States shall oblige employers to require the employed third-country national to present, on the date of expiry of the residence permit or another authorisation for stay presented at the time of being employed, a new valid residence permit or another authorisation for stay.
Amendment 75 #
Proposal for a directive
Article 4 - paragraph 2
Article 4 - paragraph 2
2. Member States shall oblige employers acting in the course of business activities or who are legal persons to notify the competent authorities designated by Member States of both the start and the termination of employment of third- country nationals at the latest within one weekwithin a period laid down by each Member State.
Amendment 77 #
Proposal for a directive
Article 4 - paragraph 2 a (new)
Article 4 - paragraph 2 a (new)
2a. Member States may provide for a simplified system of employers' obligations in cases where the employer employs people to carry out domestic work.
Amendment 80 #
Proposal for a directive
Article 4 - paragraph 3
Article 4 - paragraph 3
3. Member States shall ensure that employers are considered to have fulfilled their obligation under paragraph 1(a) unless the document presented as a residence permit, a work permit or another authorisation for stay is manifestly incorrectfalsified.
Amendment 87 #
Proposal for a directive
Article 7 - paragraph 1 - point a
Article 7 - paragraph 1 - point a
(a) any outstanding remuneration to the illegally employed third-country national; where the agreed level of remuneration cannot be established, it shall be presumed to have been the minimum wage as established by national law. In Member States where no minimum wage is established, the agreed level of remuneration shall be determined by reference to the minimum income entitling citizens of the Member State concerned to social assistance in that Member State or in line with applicable collective agreements or practices in the relevant sector;
Amendment 89 #
Proposal for a directive
Article 7 - paragraph 2 - point b
Article 7 - paragraph 2 - point b
Amendment 92 #
Proposal for a directive
Article 7 - paragraph 4
Article 7 - paragraph 4
Amendment 95 #
Proposal for a directive
Article 8 - introductory part
Article 8 - introductory part
8. Member States shall take the necessary measures to ensure that an employer acting in the course of business activities may also, if appropriate,shall also be subject to the following measures:
Amendment 100 #
Proposal for a directive
Article 8 - point d
Article 8 - point d
(d) temporary or permanent closure of the establishments that have been used to commit the infringementwithdrawal of a licence to conduct the business activity in question, if justified in particular by the gravity of the situation or the number of illegally staying third-country nationals employed by the employer concerned.
Amendment 103 #
Proposal for a directive
Article 9 - paragraph 1 - introductory part
Article 9 - paragraph 1 - introductory part
Amendment 104 #
Proposal for a directive
Article 9 - paragraph 1 - point a
Article 9 - paragraph 1 - point a
Amendment 105 #
Proposal for a directive
Article 9 - paragraph 1 - point b
Article 9 - paragraph 1 - point b
Amendment 106 #
Proposal for a directive
Article 9 - paragraph 2
Article 9 - paragraph 2
Amendment 108 #
Proposal for a directive
Article 10 - paragraph 1 - point b
Article 10 - paragraph 1 - point b
(b) the infringement is in respect of a significant number of illegally employedstaying third-country nationals who are employed illegally. This shall be the case if at least four third-country nationals are illegally employed;
Amendment 109 #
Proposal for a directive
Article 10 - paragraph 1 - point c
Article 10 - paragraph 1 - point c
(c) the infringement is accompanied by abuse, violence, threats, intimidation, degrading treatment, gender-based discrimination or particularly exploitative working conditions, such as a significant difference in working conditions from those enjoyed by legally employed workers; or
Amendment 113 #
Proposal for a directive
Article 10 - paragraph 1 - point d a (new)
Article 10 - paragraph 1 - point d a (new)
(da) the infringement is in respect of illegally staying third-country nationals who are minors.
Amendment 115 #
Proposal for a directive
Article 11 a (new)
Article 11 a (new)
Article 11a Member States shall take the necessary measures to ensure that a list of employers who have infringed this Directive is made public.
Amendment 116 #
Proposal for a directive
Article 13 − introductory part
Article 13 − introductory part
Member States shall ensure that a legal person held liable for a criminal offence pursuant to Article 10 is punishable by effective, proportionate and dissuasive sanctions, which shall include criminal or non-criminal fines and may include other sanctions such as:applicable under this Directive for natural persons.
Amendment 117 #
Proposal for a directive
Article 13 - point a
Article 13 - point a
Amendment 119 #
Proposal for a directive
Article 13 - point b
Article 13 - point b
Amendment 120 #
Proposal for a directive
Article 13 - point c
Article 13 - point c
Amendment 121 #
Proposal for a directive
Article 13 - point d
Article 13 - point d
Amendment 122 #
Proposal for a directive
Article 13 - point e
Article 13 - point e
Amendment 123 #
Proposal for a directive
Article 14 - paragraph 1
Article 14 - paragraph 1
1. Member States shall provide for effective mechanisms through which third- country nationals in illegal employment can lodge complaints against their employers, directly or through designated third parties and in a confidential manner.
Amendment 125 #
Proposal for a directive
Article 14 - paragraph 1 a (new)
Article 14 - paragraph 1 a (new)
1a. Member States shall ensure that legal entities, associations, non-governmental organisations, local authorities and other bodies such as trade unions, which have, in accordance with the criteria laid down in the relevant national law, a legitimate interest in ensuring that the provisions of this Directive are complied with, may engage, either on behalf or in support of an illegally employed third-country national, in any judicial, administrative and/or criminal proceedings provided for with the objective of implementing this Directive.
Amendment 127 #
Proposal for a directive
Article 14 - paragraph 3
Article 14 - paragraph 3
Amendment 133 #
Proposal for a directive
Article 15 - paragraph 1
Article 15 - paragraph 1
1. Member States shall ensure that at least 10% of companies established on their territory per year are subject to regular, effective and adequate inspections to control employment of illegally staying third-country nationals. Such inspections may be carried out within the framework of other inspection activities such as the monitoring of compliance with health and safety provisions in the workplace.