Activities of Jean LAMBERT related to 2007/0094(COD)
Plenary speeches (1)
Sanctions against employers of illegally staying third-country nationals (debate)
Amendments (27)
Amendment 50 #
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 53 #
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 57 #
Proposal for a directive
Recital 7
Recital 7
(7) To enforce the general prohibition and to deter infringements, Member States should provide for appropriate sanctions. These should include financial penalties and contributions to the costs of returning illegally staying third-country nationals.
Amendment 60 #
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, to 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 66 #
Proposal for a directive
Recital 19
Recital 19
(19) To supplement the complaint mechanisms, Member States should grant residence permits of limited duration, linked to the length of the relevant national proceedings, and access to the legal work market to third- country nationals who have been subjected to particularly exploitative working conditions and who cooperate in criminal proceedings against the employer. Such permits should be granted under the same conditions as those granted under Directive 2004/81/EC of 29 April 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration who cooperate with the competent authorities.
Amendment 66 #
Proposal for a directive
Recital 20
Recital 20
(20) To ensure a sufficient level of enforcement and to avoid significant differences in the level of enforcement in the Member States, a certain proportion of companies established in each Member State should be inspected. A clear distinction should be maintained between labour inspection, the objective of which is to verify the proper application of labour law, and immigration inspection which does not share the same objectives or ethics. Member States should not, in particular, reallocate the funding granted to labour law enforcement agencies to immigration inspection for the purpose of application of this Directive.
Amendment 68 #
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) This Directive should be seen as complementary to other measures taken to address the issue of undeclared work.
Amendment 68 #
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 77 #
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 93 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Member States may allow employers a reasonable time limit within which to bring the situation of the employed third- country nationals into line with national law.
Amendment 100 #
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 103 #
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 106 #
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 109 #
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 10 - paragraph 1 - point c
Article 10 - paragraph 1 - point c
(c) the infringement is accompanied by particularly exploitative working conditions, such as a significant difference in working and wage conditions from those enjoyed by legally employed workers;
Amendment 111 #
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 114 #
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 115 #
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 128 #
Proposal for a directive
Article 14 - paragraph 3
Article 14 - paragraph 3
3. In respect of criminal offences covered by Article 10(1)(c), Member States shall under the conditions of Articles 4 to 15 of Directive 2004/81/EC grant residence permits of limited duration, linked to the length of the relevant national proceedings, and access to the legal work market to third-country nationals who are or have been subjected to exploitative working conditions and cooperate in proceedings against the employer.
Amendment 134 #
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 in accordance with Article 14a.
Amendment 138 #
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 employment inspections carried out only to assess working conditions, with particular regard to an assessment of safety and health conditions, regardless of the status of the worker. A clear distinction shall be made between the inspections referred to in this paragraph and inspections relating to immigration.
Amendment 138 #
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, 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 and 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 139 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall ensure that at least 10% of companies established or operating on their territory per year are subject to inspections to control employment of illegally staying third-country nationals.
Amendment 140 #
Proposal for a directive
Article 16 - paragraph 1
Article 16 - paragraph 1
By [Three years after the date referred to in Article 17] at the latest, and every three years thereafter, Member States shall transmit information to the Commission on the implementation of this Directive in the form of a report which shall include the numbers and results of inspections carried out pursuant to Article 15 and details of measures applied under Article 8s 7, 8 and 14. Member States shall also transmit, by the same deadline, studies on the impact of the measures taken to combat undeclared work.
Amendment 141 #
Proposal for a directive
Article 16 - paragraph 1 a (new)
Article 16 - paragraph 1 a (new)
Member States shall, at the time of the first report, also present an assessment of any effects that the implementation of this Directive has had on the employment of legally staying third-country nationals as well as citizens and residents of ethnic minority descent.
Amendment 142 #
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 with the view to assessing work conditions, regardless of the status of the worker.
Amendment 150 #
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
Member States may, at the time of the first report, also present an assessment of any effects that the implementation of this Directive has had on the employment of legally staying third-country nationals as well as citizens and residents of ethnic minority descent.