25 Amendments of Roberto MUSACCHIO related to 2007/0094(COD)
Amendment 44 #
Proposal for a directive
Recital 4
Recital 4
(4) The provisions should not cover third- country nationals who are not illegally staying. This excludes third-country nationals who are family members of citizens of the Union exercising their right to free movement within the Community, and those who, under agreements between the Community and its Member States, on the one hand, and the countries of which they are nationals, on the other, enjoy rights of free movement equivalent to those of citizens of the Union. It also excludes third-country nationals who are in a situation covered by Community law, such as those who are lawfully employed in another Member State and who are posted by a service provider to another Member State in the context of the provision of services or those who are beneficiaries of asylum measures or have refugee status.
Amendment 51 #
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 and other work-related financial entitlements for the work they have undertaken and any outstanding taxes and social security contributions.
Amendment 52 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) In order to secure the effectiveness of this Directive, employers should return any undue profit generated by the illegal employment of third-country nationals to the employees concerned. Outstanding remuneration and other work-related financial entitlements to be reimbursed should therefore be equal to those that would have been enjoyed by comparable workers in a declared employment relationship.
Amendment 55 #
Proposal for a directive
Recital 9
Recital 9
(9) Member States should ensure that claims are lodged and mechanisms created to guarantee that recovered amounts of outstanding remuneration and other work- related financial entitlements are received by the third-country nationals to whom they are due.
Amendment 59 #
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, including temporary work agencies that assign workers to work temporarily, under their supervision, for a user undertaking, 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.
Amendment 62 #
Proposal for a directive
Recital 15
Recital 15
(15) To guarantee the full effectiveness of the general prohibition, there is therefore a particular need for more dissuasive sanctions in serious cases, such as: repeated infringements, illegal employment of a significant number of third-country nationals, particularly exploitative working conditions and where the employer knows that the worker is a victim of human trafficking. Working conditions should be considered particularly exploitative where there is a significant difference in pay or in working conditions, particularly those affecting workers’ wages, working hours and health and safety, from those enjoyed by legally employed workers.
Amendment 63 #
Proposal for a directive
Recital 16
Recital 16
(16) In all cases deemed to be serious according to the present Directive the infringement should therefore be considered a criminal offence throughout the Community when committed intentionally. The criminal offence should be without prejudice to application of the Framework Decision 2002/629/JHA of 19 July 2002 on combating trafficking in human beings.
Amendment 64 #
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) In order to provide for an effective level of protection against exploitative labour conditions, legal entities, victim associations, non-governmental organisations and other bodies such as trade unions should be empowered to engage either on behalf or in support of any victim, in proceedings, without prejudice to the national rules of procedure concerning representation and defence before the courts. To encourage victims to lodge complaints, designated third parties should be entitled to keep confidential complainants' identity and place of residence.
Amendment 67 #
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) This Directive is without prejudice to Member States' competence to adopt accompanying measures stimulating the transformation of undeclared work into declared employment.
Amendment 76 #
Proposal for a directive
Article 2 – point f
Article 2 – point f
(f) "subcontractor" means a natural or legal person to whom the execution of all or part of the obligations of a prior contract is assigned, including temporary work agencies and any other intermediaries.
Amendment 80 #
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 94 #
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.
Amendment 96 #
Proposal for a directive
Article 6 – paragraph 2 – point (b)
Article 6 – paragraph 2 – point (b)
Amendment 101 #
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. IWithout prejudice to the second paragraph of Article 5, in respect of each infringement of Article 3 Member States shall ensure that the employer pays:
Amendment 105 #
Proposal for a directive
Article 7 – paragraph 1 – point a a (new)
Article 7 – paragraph 1 – point a a (new)
(aa) any other work-related financial entitlements, as defined by law, regulation or administrative provisions and/or by collective agreement, to the illegally employed third-country national;
Amendment 108 #
Proposal for a directive
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. In order to apply paragraph 1(a) and (aa), Member States shall:
Amendment 110 #
Proposal for a directive
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) enact mechanisms to ensure that the necessary procedures to claim back outstanding remuneration and other work- related financial entitlements are triggered automatically without the need for the third-country national to introduce a claim;
Amendment 113 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall take the necessary measures to ensure that illegally employed third-country nationals receive any back payment of remuneration and other work- related financial entitlements recovered under paragraph 1(a) and (aa), including in cases in which they have or have been returned.
Amendment 116 #
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. In respect of criminal offences covered by Article 10(1)(c), Member States shall take the necessary measures to ensure that the execution of any return decision is postponed until the third-country national has received any back payment of their remuneration and other work-related financial entitlements recovered under paragraph 1(a) and (aa).
Amendment 118 #
Proposal for a directive
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. Member States shall take action to help workers previously employed on an illegal basis to be integrated into the employment market.
Amendment 123 #
Proposal for a directive
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
1. Each Member State shall ensure that the infringement referred to in Article 3 constitutes a criminal offence when committed intentionally, in the following circumstances:
Amendment 137 #
Proposal for a directive
Article 14 a (new)
Article 14 a (new)
Article 14a Designated third parties 1. 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. 2. Member States shall allow designated third parties who lodge a complaint against an employer on behalf of an illegally employed third-country national not to disclose the complainant's identity or place of residence. 3. For the purpose of the application of this Directive, Member States shall impose no sanctions against designated parties providing assistance to third- country nationals for having facilitated their unauthorised residence.
Amendment 141 #
Proposal for a directive
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. Member States shall ensure that the inspections referred to in paragraphs 1 and 2 are, without prejudice to labour inspections, carried out solely with the view to assess work conditions, with particular regard to evaluating security and health conditions, regardless of the status of the worker.
Amendment 148 #
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15a Relationship with national measures This Directive shall be without prejudice to any national measures that seek either to encourage the transformation of undeclared employment into declared employment or to regularise undocumented workers.
Amendment 149 #
Proposal for a directive
Article 15 b (new)
Article 15 b (new)
Article 15b Non regression Nothing in this Directive shall be interpreted as constituting grounds for a reduction in the level of protection of vulnerable third-country nationals already provided by Member States in the fields covered by this Directive