Activities of Emilie TURUNEN 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 (43)
Amendment 34 #
Proposal for a directive
Citation 5 a (new)
Citation 5 a (new)
- having regard to the Charter of Fundamental Rights of the European Union, and in particular Article 15(3) and Articles 27, 28, 31, 33 thereof,
Amendment 35 #
Proposal for a directive
Citation 5 b (new)
Citation 5 b (new)
- having regard to Convention No 97 on "Migration for Employment" of the International Labour Organisation (ILO),
Amendment 36 #
Proposal for a directive
Citation 5 c (new)
Citation 5 c (new)
- having regard to ILO Convention No 143 on "Migrant Workers",
Amendment 37 #
Proposal for a directive
Citation 5 d (new)
Citation 5 d (new)
- having regard to ILO Convention No 102 on "Social Security (Minimum Standards)",
Amendment 38 #
Proposal for a directive
Citation 5 e (new)
Citation 5 e (new)
- having regard to ILO Convention No 118 on "Equality of treatment (Social Security)",
Amendment 39 #
Proposal for a directive
Citation 5 f (new)
Citation 5 f (new)
- having regard to ILO Convention No 111 on "Discrimination (Employment and Occupation)",
Amendment 40 #
Proposal for a directive
Citation 5 g (new)
Citation 5 g (new)
- having regard to ILO Recommendation No 86 on "Migration for Employment",
Amendment 41 #
Proposal for a directive
Citation 5 h (new)
Citation 5 h (new)
- having regard to ILO Recommendation No 151 on "Migrant workers",
Amendment 42 #
Proposal for a directive
Citation 5 i (new)
Citation 5 i (new)
- having regard to ILO Convention No 98 on "The Right to Organise and Collective Bargaining",
Amendment 43 #
Proposal for a directive
Recital 7
Recital 7
(7) This Directive should be applied without prejudice to the principle of EU preference as regards access to Member States' labour market as expressed in the relevant provisions of Acts of Accession. This notwithstanding, that principle should not be used to deviate from the principle of equal pay for equal work, as regards both workers from Member States and third country nationals.
Amendment 44 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) This Directive should set conditions and rights of third country national seasonal workers in full respect of the relevant ILO conventions.
Amendment 45 #
Proposal for a directive
Recital 9
Recital 9
Amendment 48 #
Proposal for a directive
Recital 10
Recital 10
(10) Activities dependent on the passing of the seasons are typically to be found in sectors such as agriculture and horticulture, during the planting or harvesting period, or tourism, during the holiday period.
Amendment 61 #
Proposal for a directive
Recital 16
Recital 16
(16) The duration of stay should be limited to a maximum period per calendar year which, together with the definition of seasonal work, should ensure that the work is of genuinely seasonal nature. Provision should be made that within that maximum duration of stay, an extension of the contract or change of employer is possible. This should serve to reduce risks of abuses that seasonal workers may face if tied to a single employer and at the same time provide for a flexible response to employers' actual workforce needs.
Amendment 63 #
Proposal for a directive
Recital 19
Recital 19
(19) In order to ensure that seasonal workers have adequate accommodation during their stay, including at a reasonable cost, and that they receive equal treatment to nationals and enjoy a decent standard of living, provision should be made to require employers to provide the evidence of the accommodation they or third-parties provide. It is necessary to ensure transparency with regard to the cost of the accommodation which should not be automatically deducted from the wage.
Amendment 64 #
Proposal for a directive
Recital 20
Recital 20
(20) Considering the specially vulnerable situation of third-country national seasonal workers and the temporary nature of their assignment, there is a need to define clearly the working conditions applicable to such workers in order to ensure legal certainty by referring such conditions to generally binding instruments providing effective protection ofprovide effective protection of the rights of third- country seasonal workers, to check regularly for compliance and to fully guarantee respect for the prights of third- country seasonal workers, such as law or universally applicable collective agreementsnciple of equal treatment with workers who are nationals of the host Member State.
Amendment 75 #
Proposal for a directive
Recital 22
Recital 22
(22) Third-country national seasonal workers should be granted equal treatmentAdequate social security coverage for seasonal workers is a key element of this Directive and important for ensuring that their working and living conditions while staying in the Union are decent. Equal treatment should be granted to third- country nationals. Special attention should be given to provisions ensuring equal treatment as regards social security under national law in respect of those branches of social security listdefined in Article 3 of Regulation (EC) No 883/2004 on the coordination of social security systems. This Directive should not confer more rights than those04 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems. Without prejudice to bilateral algreadyements provided in existing EU legislation in the field of social security for third-country nationals who have cross- border interests between Member States. Furthermore, this Directive should not grant rights in relation to situations which lie outside the scopeing for better social security coverage, this Directive should establish mechanisms which ensure effective coverage by social security during the stay and mechanisms for exporting acquired rights where applicable. This may include special adjustments concerning inter alia the qualifying ofr that EU legislation such as, for example, to family members residing in a third country. This is without prejudice to the non discriminatory application by Member States of national legislation providing for de minimis rules on contributions to pension systeme waiting period. Any restrictions to the equal treatment in the field of social security under this Directive should be without prejudice to the rights conferred in application of Regulation (EU) No1231/2010 of the European Parliament and of the Council of 24 November 2010 extending Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 to nationals of third countries who, solely on the ground of their nationality, are not already covered by these Regulations.
Amendment 79 #
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, working conditions and accommodation, Member States should ensure that appropriate control and monitoring mechanisms are put in place and that effective and adequate inspections are carried out on their territory. With a view to increasing the effectiveness of those inspections, Member States should ensure that national legislation gives adequate powers and resources to competent authorities to carry out inspections; that the results of previous inspections are collected and processed for the effective implementation of this Directive; and that sufficient staff are available with the skills and qualifications needed to carry out inspections effectively. Member States should provide for adequate, proportionate and dissuasive sanctions such as financial penalties to be imposed on the employer in the event of failure.
Amendment 80 #
Proposal for a directive
Recital 23
Recital 23
(23) To facilitate enforcement, relevant designated third parties such as trade unions or other associations should be able to lodge complaints in order to ensure effective applicat of this Directive, effective mechanisms should be developed through which seasonal workers may lodge complaints directly or through relevant third parties such as trade unions of the Directiver other associations. This is considered necessary to address situations where seasonal workers are unaware of the existence of enforcement mechanisms or hesitant to use these in their own name, out of fear of possible consequences. There should also be adequate judicial protection against the victimisation of seasonal workers as a result of a complaint being made. Organisations representing workers' rights should have access to the relevant documentation and to any accommodation provided.
Amendment 84 #
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23a) Nationals of third countries who are authorised to work in the territories of the Member States are entitled to working conditions equivalent to those of citizens of the Union.
Amendment 85 #
Proposal for a directive
Recital 23 b (new)
Recital 23 b (new)
(23b) Working conditions in this Directive are to be understood to cover at least pay and dismissal, health and safety at the workplace, working time and leave, family and professional life taking into account collective agreements in force.
Amendment 87 #
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
Amendment 90 #
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. This Directive shall apply to the agriculture, horticulture and tourism sectors. Member States may decide to extend its application to additional activities that are dependent on the passing of the seasons, provided that the social partners do not conclude an agreement opposing this supported by objective reasons.
Amendment 97 #
Proposal for a directive
Article 3 – point f
Article 3 – point f
(f) ‘universally applicable 'collective agreement’' means any collective agreement which must be observed by all undertakings in the geographical area and in the profession or industry concerned. In the absence of a system for declaring collective agreements to be of universal application, Member States may, if they so decide, base themselves on collective agreements which are generally applicable to all similar undertakings in the geographical area and in the profession or industry concerned, and/or collective agreements which have been concluded byconcluded at any level, in accordance with national legislation and practices of the mhost representative employers' and labour organisations at national level and which are applied throughout national territoryMember State.
Amendment 115 #
Proposal for a directive
Article 14
Article 14
Member States shall require employers of seasonal workers to provide evidence that the seasonal worker will benefit from adequate accommodation that ensures an adequate standard of living. If seasonal workers are required to pay rent for such accommodation, its cost shall not be excessive in relation to their remuneration. , pursuant to national legislation and practice, that ensures equal treatment to nationals and a decent standard of living. As a minimum, such accommodation shall provide the inhabitants with adequate space, shall protect them from the elements and other threats to health, shall be safe and well maintained, and shall provide the facilities essential for health, security, comfort and nutrition, such as safe drinking water, systems for cooking, heating and lighting, sanitation and washing facilities, means of food storage and refuse disposal. The accommodation shall allow access to basic services.
Amendment 122 #
Proposal for a directive
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. The seasonal worker shall have the option to accept or refuse the accommodation provided by the employer.
Amendment 123 #
Proposal for a directive
Article 14 – paragraph 1 b (new)
Article 14 – paragraph 1 b (new)
1b. If seasonal workers are required to pay rent for such accommodation, it shall not be automatically deducted from their wage; its cost shall be fixed for the duration of their stay and shall not be excessive in relation to their net remuneration or to the quality of the accommodation.
Amendment 124 #
Proposal for a directive
Article 14 – paragraph 1 c (new)
Article 14 – paragraph 1 c (new)
1c. The seasonal worker shall be given a rental contract or equivalent document in which the conditions and cost of the accommodation are clearly stated in a language understood by all parties.
Amendment 125 #
Proposal for a directive
Article 14 a (new)
Article 14 a (new)
Article 14a The relevant authorities shall have the obligation and the organisations representing the workers' interest shall have the right of inspection of and access to the accommodation if provided for by the employer. The relevant authorities shall be obliged to ensure that the rent for accommodation is not excessive in relation to the quality of accommodation.
Amendment 126 #
Proposal for a directive
Article 14 b (new)
Article 14 b (new)
Article 14b Costs Member States shall require employers of seasonal workers to pay for: (a) the cost of travel from the seasonal workers' place of origin to the place of work in the Member State concerned and the return journey; (b) the visa fee and, if applicable, any service fees related to the visa; (c) the cost of health insurance referred to in point (c) of Article 5(1). Such expenses should not be recoverable from (the wage of) the seasonal worker.
Amendment 128 #
Proposal for a directive
Article 16 – introductory part
Article 16 – introductory part
Amendment 132 #
Proposal for a directive
Article 16 – point 1 – subparagraph 1
Article 16 – point 1 – subparagraph 1
1. working conditions, including pay and dismissal as well as health and safety requirements at the workplace, applicable to seasonal work as laid down by law, regulation or administrative provision and/or universally applicable collective agreements in the Member State to which they have been admitted according to this Directiv, working time and leave, holidays and disciplinary provisions, professional and family life as well as health and safety requirements at the workplace, taking into account, in addition to legal, administrative and regulatory provisions, the arbitration decisions and collective agreements and contracts, concluded, at any level, in accordance with the host Member State’s law and practices, by the most representative employers' and labour organisations, under the same terms as for nationals of the host Member State.
Amendment 138 #
Proposal for a directive
Article 16 – point 1 – subparagraph 2
Article 16 – point 1 – subparagraph 2
Amendment 143 #
Proposal for a directive
Article 16 – point 2 – introductory part
Article 16 – point 2 – introductory part
Amendment 147 #
Proposal for a directive
Article 16 – point 2 – point a
Article 16 – point 2 – point a
(a) freedom of association and affiliation and membership of an organisation representing workers or of any organisation whose members are engaged in a specific occupation, including the rights and benefits conferred by such organisations, including the right to negotiate and conclude collective agreements and the right to strike and take industrial action, in accordance with the host Member State’s national law and practices, which must comply with Union law, without prejudice to the national provisions on public policy and public security;
Amendment 154 #
Proposal for a directive
Article 16 – point 2 – point c a (new)
Article 16 – point 2 – point c a (new)
(ca) payment of holiday entitlements;
Amendment 155 #
Proposal for a directive
Article 16 – point 2 – point c – point i) (new)
Article 16 – point 2 – point c – point i) (new)
(i) seasonal workers returning or moving to a country outside the Union, or the survivors of such workers deriving rights from them shall receive, in relation to old- age, invalidity and death, statutory pensions based on the workers' previous employment and acquired in accordance with the legislation set out in Article 3 of Regulation (EC) No 883/2004, under the same conditions and at the same rates as the nationals of the Member States concerned;
Amendment 156 #
Proposal for a directive
Article 16 – point 2 – point c– point ii) (new)
Article 16 – point 2 – point c– point ii) (new)
(ii) seasonal workers should have access on a non-discriminatory basis to the social security system of the place of work similar to other EU citizens working in this Member states under Regulation (EC) N° 883/2004;
Amendment 157 #
Proposal for a directive
Article 16 – point 2 – point c – point iii) (new)
Article 16 – point 2 – point c – point iii) (new)
(iii) Member States shall create mechanisms so that third-country workers returning or moving to a country outside the Union should be entitled to benefits which may be due in respect of any employment injury suffered, to compensation in lieu of any holiday entitlement acquired but not used and to reimbursement of social security contributions which have not given and do not give rise to rights under national laws or regulation or international arrangement.
Amendment 162 #
Proposal for a directive
Article 16 – point 2 a (new)
Article 16 – point 2 a (new)
2a. back payments to be made by the employers. In respect of infringements of Article 3, the employer shall pay: (a) any outstanding remuneration to the third-country national; (b) any outstanding taxes and social security contributions, including relevant administrative fines
Amendment 163 #
Proposal for a directive
Article 16 a (new)
Article 16 a (new)
Article 16a Monitoring and inspections 1. Member States shall ensure that appropriate monitoring mechanisms are put in place, that adequate inspections are carried out on their territory by the relevant national authorities and that organisations representing workers' interests have access to the workplace and the accommodation, if provided by the employer, so as to ensure that the provisions laid down in this Directive, in particular regarding rights, working conditions and accommodation, are fully respected throughout the duration of the seasonal workers' stay in the Member State concerned. 2. Member States shall ensure that at least 20 % of companies offering seasonal employment established on their territory are subject to inspections every year 3. The selection of companies to be inspected shall be based on a risk assessment to be drawn up by the competent authorities in the Member States taking into account factors such as the sector in which a company operates and any past record of infringement.
Amendment 164 #
Proposal for a directive
Article 17 a (new)
Article 17 a (new)
Article 17a Subcontracting Where the employer is a subcontractor, Member States shall ensure that the main contractor and any intermediate subcontractor are liable to pay: (a) any fine imposed under the relevant Article of this Directive, and (b) any back payments due under the this Directive.
Amendment 165 #
Proposal for a directive
Article 17 b (new)
Article 17 b (new)
Article 17b Member States shall take the necessary steps to ensure that an employer who fails to comply with the standards for working conditions and accommodation may also, if appropriate, be subject to the following measures: (a) exclusion from entitlement to public benefits, aid or subsidies for up to five years; (b) exclusion from participation in a public tender for up to five years; (c) recovery of any public benefits, aid, or subsidies, including EU funding managed by Member States, granted to the employer, especially funding received under the Common Agricultural Policy (d) temporary or permanent closure of the establishments that have been used to commit the infringement.