26 Amendments of Vincenzo AITA related to 2007/0094(COD)
Amendment 9 #
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 have been granted asylum or have refugee status.
Amendment 10 #
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 11 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) In order to ensure the effectiveness of this Directive, any undue profit generated by the illegal employment of third-country nationals should be returned. Outstanding remuneration and other work-related financial entitlements to be paid back should therefore be equal to those which would have been enjoyed by comparable workers in a declared employment relationship.
Amendment 12 #
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 15 #
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 agencies for temporary work who assign workers to a client company to work there temporarily and under its supervision, 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 17 #
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 or health and safety, from those enjoyed by legally employed workers.
Amendment 18 #
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 20 #
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, victims associations, NGOs and organisations such as trades unions should be empowered to engage either on behalf or in support of any victim in proceedings, without prejudice to national rules of procedure concerning representation and defence before the courts. To encourage the lodging of complaints by victims, designated third parties should be allowed to keep the identity and place of residence of the complainants confidential.
Amendment 21 #
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) This Directive should not affect Member States' competences to devise accompanying measures to encourage the transformation of undeclared work into declared employment.
Amendment 22 #
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 23 #
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 24 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Member States may grant a reasonable period for employers to regularise the situation of the employed third country national under national law.
Amendment 26 #
Proposal for a directive
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
Amendment 27 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. In respect of each infringement of Article 3 Member States shall ensure thatWithout prejudice to Article 5.1 a (new), Member States shall ensure that, in respect of each infringement of Article 3 the employer pays:
Amendment 28 #
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 provision and/or by collective agreement, to the illegally employed third country national;
Amendment 29 #
Proposal for a directive
Article 7 – paragraph 2 – introductory phrase
Article 7 – paragraph 2 – introductory phrase
2. In order to apply paragraphs 1(a) and 1 (aa), Member States shall:
Amendment 30 #
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 32 #
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 paragraphs 1(a) and 1 (aa), including in cases in which they have or have been returned.
Amendment 33 #
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 paragraphs 1(a) and 1 (aa).
Amendment 34 #
Proposal for a directive
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. Member States shall take measures to encourage the integration into the labour market of workers emerging from irregular employment situations.
Amendment 36 #
Proposal for a directive
Article 8 – point c
Article 8 – point c
(c) recovery of public benefits, aid, or subsidies, including EU funding managed by Member States, granted to the employer during the 12 months preceding the detection of illegal employment, or, in the case of agriculture received over the previous marketing year corresponding to the particular production concerned;
Amendment 38 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
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 40 #
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, NGOs, local authorities and organisations such as trades unions, which have, in accordance with the criteria laid down by their national laws, a legitimate interest in ensuring that the provisions of this Directive are complied with, may engage, either on behalf or in support of a third- country national in illegal employment in any judicial, administrative and/or criminal procedure provided for the enforcement of obligations under this Directive. 2. Member States shall allow a designated third party who lodges a complaint against an employer on behalf of a third- country national in illegal employment not to disclose the identity and place of residence of the complainant. 3. For the purpose of application of this Directive, Member States shall not impose sanctions against designated third parties providing assistance to the third country national, on the grounds of facilitation of unauthorised residence.
Amendment 42 #
Proposal for a directive
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. Member States shall ensure that inspections referred to in paragraphs 1 and 2 are without prejudice to labour inspections carried out solely for the purpose of assessing work conditions, and which have particular regard to evaluating security and health conditions, regardless of the status of the worker.
Amendment 43 #
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15a Relation to national measures This Directive is without prejudice to national measures promoting the transformation of undeclared work into declared employment and the regularisation of undocumented workers.
Amendment 44 #
Proposal for a directive
Article 15 b (new)
Article 15 b (new)
Article 15b Non regression Nothing in this Directive shall constitute grounds for a reduction in the level of protection of vulnerable third country nationals already afforded by Member States in the fields covered by this Directive.