Activities of Sari ESSAYAH related to 2010/0210(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on the conditions of entry and residence of third-country nationals for the purposes of seasonal employment
Amendments (14)
Amendment 88 #
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Directive shall not apply to third- country nationals who are carrying out activities on behalf of undertakings established in another Member State in the framework of a provision of services within the meaning of Article 56 of the Treaty on the Functioning of the European Union, including those posted by undertakings established in a Member State in the framework of a provision of service in accordance with Directive 96/71/ECposted workers or temporary agency workers.
Amendment 95 #
Proposal for a directive
Article 3 – point f
Article 3 – point f
Amendment 108 #
Proposal for a directive
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. Private employment agencies or migration agencies shall not charge job- seekers or workers any fees in exchange for organising seasonal work or migration for seasonal work.
Amendment 114 #
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22a) To ensure the proper enforcement of this Directive, and in particular the provisions regarding rights and working conditions, Member States should ensure that appropriate monitoring mechanisms are put in place and that effective and adequate inspections are carried out on their territory.
Amendment 127 #
Proposal for a directive
Article 16 – introductory part
Article 16 – introductory part
Amendment 131 #
Proposal for a directive
Article 16 – point 1
Article 16 – point 1
Amendment 136 #
Proposal for a directive
Article 3 – point c
Article 3 – point c
(c) ‘activity dependent on the passing of the seasons’ means an activity that is tied to a certain time of the year by an event or pattern during which labour levels are required that are far above those necessary for usually ongoing operations; the Member States should be given a possibility to define the sectors to which the Directive is applied.
Amendment 144 #
Proposal for a directive
Article 16 – point 2 – introductory part
Article 16 – point 2 – introductory part
Amendment 149 #
Proposal for a directive
Article 16 – point 2 – point a a (new)
Article 16 – point 2 – point a a (new)
(aa) working conditions, including pay and dismissal, as well as health and safety requirements at the work place;
Amendment 151 #
Proposal for a directive
Article 16 – point 2 – point b
Article 16 – point 2 – point b
(b) without prejudice to Member States’ right to lay down criteria for entitlement to residence based benefits, provisions in national laws regarding the branches of social security as defined in Article 3 of Council Regulation (EC) No 883/2004;
Amendment 154 #
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) notwithstanding Article 16(2)(b), evidence of having or, if provided for by national law, having applied for sickness insurance for all the risks normally covered for nationals of the Member State concerned for periods where no such insurance coverage and corresponding entitlement to benefits are provided in connection with, or as a result of, the work contract;
Amendment 160 #
Proposal for a directive
Article 16 – point 2 – point d
Article 16 – point 2 – point d
(d) access to goods and services and the supply of goods and services made available to the public, except public housing and counselling services afforded by employment services.
Amendment 176 #
Proposal for a directive
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. Member States shall provide that private employment agencies or migration agencies shall not charge job-seekers or workers any fees in exchange for organising seasonal work or migration for seasonal work.
Amendment 251 #
Proposal for a directive
Article 12 – paragraph 2 – point b
Article 12 – paragraph 2 – point b
(b) an employer who has not fulfilled the obligations arising out of the work contractbased on national labour law shall be subject to effective, proportionate and dissuasive sanctions. Such employers shall be excluded from applications for seasonal workers for one or more subsequent years. However, any exclusion shall be proportionate to the circumstances of the case.