7 Amendments of María Isabel SALINAS GARCÍA related to 2007/0094(COD)
Amendment 13 #
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 duration so that the burden of proof is put on the employer in respect of at least a certain period. This presumption should, however, be reduced proportionately in the case of the contracting practices of certain sectors such as agriculture where the duration of contracts is by definition very brief.
Amendment 14 #
Proposal for a directive
Recital 11
Recital 11
(11) Member States should provide for the possibility of further sanctions against business employers, including exclusions from entitlement to public benefits, aids or subsidies, including agricultural subsidies, with legal employment of third-country labour being a conditionality criterion for the granting of CAP aids; exclusions from public procurement procedures; and recovery of public benefits, aids or subsidies, including EU funding managed by Member States, that have already been granted.
Amendment 16 #
Proposal for a directive
Recital 13
Recital 13
(13) In view of the prevalence of subcontracting in certain affected sectors, it is necessary to ensure that all the undertakings in a chain of subcontracting are held jointly and severally liable to pay financial sanctions against an employer at the end of the chain who employs illegally staying third-country nationals.., provided it is established that they were not acting in good faith and that they were aware that the final employer's contracting practices were illegal;
Amendment 19 #
Proposal for a directive
Recital 18
Recital 18
(18) To facilitate enforcement, there should be effective complaint mechanisms by which relevant third-country nationals can lodge complaints directly or through designated third parties such as trade unions or other associations. The designated third parties should be protected, when providing assistance to lodge complaints, against possible sanctions under rules prohibiting the facilitation of unauthorised residence. The mediating role of sectoral organisations with a major grassroots presence should be boosted.
Amendment 31 #
Proposal for a directive
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) provide that a work relationship of at least 6 months duration be presumed unless the employer can prove differently. This presumption regarding the duration of the working relationship shall be revised downwards in those sectors where contracts are by definition temporary or seasonal.
Amendment 37 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Where the employer is a subcontractor, Member States shall ensure that the main contractor and any intermediate subcontractor are, to the extent that they are aware of or encourage such practices, liable to pay:
Amendment 39 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Member States shall not impose sanctions against designated third parties providing assistance to the third-country national to lodge complaints, on the grounds of facilitation of unauthorised residence, this being especially so in the case of the representative organisations of particular sectors.