Activities of Marije CORNELISSEN related to 2013/0124(COD)
Plenary speeches (1)
Freedom of movement for workers (debate)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers PDF (358 KB) DOC (515 KB)
Amendments (51)
Amendment 24 #
Proposal for a directive
Recital 1
Recital 1
(1) The free movement of workers is a fundamental freedom and right of EU citizens and one of the pillars of the internal market in the Union enshrined in Article 45 of the Treaty on the Functioning of the European Union. Rights related to free movement of workers should be available to all persons concerned regardless of their status. Its implementation is further developed by Union law aimed at guaranteeing the full exercise of rights conferred on Union citizens and the members of their families. It is essential to ensure that this fundamental freedom always takes into consideration the principle of equality between women and men and the promotion of equal opportunities across the Union.
Amendment 26 #
Proposal for a directive
Recital 2
Recital 2
(2) The free movement of workers is also a key element to the development of a genuine Union labour market, allowing workers to move from high unemployment areas to areas where there are labour shortages, helping more people find posts better suited to their skills and overcoming bottlenecks in the labour market.
Amendment 29 #
Proposal for a directive
Recital 3
Recital 3
(3) The free movement of workers gives every citizen the right to move freely to another Member State to work and reside there for that purpose. It protects them against discrimination on the grounds of nationality as regards employment, remuneration and other working conditions by ensuring their equal treatment in comparison to nationals of that Member State. It needs to be distinguished from the freedom to provide services, which includesProcedural and enforcement rights, which are an essential instrument to allow citizens to claim their right of undertakings to provide services in another Membes, should be available to all citizens moving within the Union regardless of their Sstate, fus or whichether they may send (‘post’) their own workers to another Member State temporarily to carry out the work necessary to provide these services thereare moving to another Member State under Article 45 or other provisions.
Amendment 36 #
Proposal for a directive
Recital 4
Recital 4
(4) WThe right of free movement of workers, has an important impact on family life and the educational and professional choices of workers and their partners; with respect to workers and workers' families exercising their right to free movement, Article 45 of the Treaty confers substantial rights for the exercise of this fundamental freedom, specified in Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union and Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004. When applying Regulation (EU) 492/2011, Directive 2004/38/EC and the present Directive, Member States shall not discriminate workers and the members of their families on any ground listed under Article 21 of the Charter of Fundamental Rights, including sexual orientation.
Amendment 37 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) Member States should ensure a mutual recognition of the various legal partnerships and the rights derived thereof in order to avoid any discrimination on the ground of sexual orientation or philosophical choices of migrant workers. Member States should also ensure that rights deriving from the adoption of a child are respected as this is a precondition when considering moving to another Member State for work purpose.
Amendment 38 #
Proposal for a directive
Recital 5
Recital 5
(5) However, tThe effective exercise of the freedom of movement of workers is still a major challenge and many workers, employers and public administration are very often unaware of their rights to free movement. They of EU citizens. Citizens still suffer from discrimination on the grounds of nationality when moving across European Union borders of the Member States. There is, therefore, a gap between the legislation and its application in practice that needs to be addressed. Concerned workers also suffer from exacerbated effects of multiple discriminations on grounds of racial or ethnic origin, religion or belief, disability, age or sexual orientation and sex. There is, therefore, a gap between the legislation and its application in practice that needs to be addressed. This gap also remains for some vulnerable groups such as domestic workers, persons with disabilities or illiterate persons. Specific measures should therefore be implemented to allow these groups to enjoy their right to work in another Member State.
Amendment 45 #
Proposal for a directive
Recital 7
Recital 7
(7) In the 2010 EU Citizenship Report ‘Dismantling the obstacles to EU citizens rights’ of 27 October 2010 , the Commission identified the divergent and incorrect application of Union law on the right to free movement as one of the main obstacles that Union citizens are confronted with in the effective exercise of their rights under Union law. Accordingly, the Commission announced its intention to take action to ‘facilitate free movement of EU citizens and their third-country national family members by enforcing EU rules strictly, including on non-discrimination, by promoting good practices and increased knowledge or EU rules on the ground and by stepping up the dissemination of information to EU citizens about their free movement rights’ (action 15 of the 2010 EU Citizenship Report). Additionally the European Commission in the 2013 EU Citizenship report1 addressed the need to remove administrative hurdles and simplifying procedures for EU citizens living, working and travelling in the EU; the non-discriminatory availability of instruments facilitating citizens' access to their free movement rights should be an integral element of this. __________________ 1 COM(2013)0269
Amendment 46 #
Proposal for a directive
Recital 18
Recital 18
(18) It is up to each Member State to decide whetherMember States are encouraged to attribute the tasks referred to in Article 5 of this Directive are attributed to an already existing bodyequality body designated in accordance with Article 13 of Directive 2000/43/EC or covering a wider range of discrimination grounds. In the case the tasks under Article 5 will be covered by expanding the mandate of an already existing body or structure, the Member State should ensure allocation of sufficient additional resources to the existing body for the performance of additional tasks in order to ensure the effective and adequate provision of all functions of the body and in particular that the performance of already existing tasks of these bodies will not suffer.
Amendment 47 #
Proposal for a directive
Recital 8
Recital 8
(8) In its Employment package of 18 April 2012 (Communication from the Commission ‘"Towards a job-rich recovery’) "), the Commission announced its intention to ‘"present a legislative proposal (information and advice) in order to support mobile workers in the exercise of rights derived from the Treaty and Regulation 492/2011 on freedom of movement for workers within the Union’. " and urged Member States to raise awareness of and access to rights conferred by EU law on the anti- discrimination, gender equality and free movement of workers and to open and facilitate access by EU nationals to their public sector posts in accordance with EU law as interpreted by the Court of Justice. The Commission also urged Member States to ensure the full application of Directive 2006/54/EC on the implementation of the principle of equal opportunities and equal treatment of men and women in matter of employment and occupation.
Amendment 49 #
Proposal for a directive
Recital 9
Recital 9
(9) Adequate and effective application and enforcement as well as awareness of rights are key elements in protecting the rights of workers, whereas poor enforcement undermines the effectiveness of the Union rules applicable in this area. and endangers the rights and protection of Union citizens.
Amendment 51 #
Proposal for a directive
Recital 10
Recital 10
(10) A more effective and uniform application of rights conferred by Union rules on free movement of workers without fragmentation of the concerned groups is also necessary for the proper functioning of the internal market.
Amendment 52 #
Proposal for a directive
Recital 11
Recital 11
(11) The application and monitoring of the Union rules on free movement should be improved to ensure workers and employers and their representatives as well as administration are better informed about theirfree movement rights, to assist and to protect themworkers and their families in the exercise of those rights, and to combat circumvention of these rules by public authorities and public or private employers.
Amendment 58 #
Proposal for a directive
Recital 12
Recital 12
(12) In order to ensure the correct application of, and to monitor compliance with, the substantive rules concerning workers' rights to free movement for work purposes, Member States should take the appropriate measures to protect themall persons moving in the European Union against both discrimination on grounds of nationality and any unjustified obstacle to the exercise of that right.
Amendment 59 #
Proposal for a directive
Recital 13
Recital 13
(13) To that end it is appropriate to provide specific rules for effective enforcement of the substantive rules governing the freedom of movement of workers regardless of their status, and to facilitate better and more uniform application of Article 45 of the Treaty and of Regulation (EU) No 492/2011.
Amendment 62 #
Proposal for a directive
Recital 14
Recital 14
(14) In this context, workers who have been subject to discrimination on the grounds of nationality, or to any unjustified restriction in exercising their right to free movement, should regardless of their status - being for example covered by free movement under Art. 45, seconded, posted or performing agency work - have adequate and effective means of legal protection and redress. When Member States only provide for administrative procedures they shall ensure that any administrative decision may be challenged before a tribunal in the sense of Article 47 of the Charter.
Amendment 63 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) Workers are more likely to have their rights respected if they are organised through interest representation. Member States should facilitate and support the organisation and interest representation of workers from other Member States in particular vulnerable workers such as seasonal workers and domestic workers or sex workers.
Amendment 63 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall designate a structure, a body or bodies for the promotion, analysis, monitoring and support of equal treatment of all workers or members of their families without discrimination on grounds of nationality and make the necessary arrangements for functioning of such bodies, including guaranteeing their complete independence. Member States shall ensure that these bodies have a gender sensitive approach at all stages of the process. These bodies may form part of agencies at a national level with similar objectives butas those referred to in Article 13 of Directive 2000/43/EC or covering a wider range of discrimination grounds. In that case, the Member State shall ensure allocation of sufficient resources to the existing body for the performance of additional tasks in order to ensure the effective and adequate provision of all functions of the body and in particular that the performance of already existing tasks of these bodies will not suffer.
Amendment 80 #
Proposal for a directive
Recital 21
Recital 21
(21) Member States should make information about employment terms and conditions more widely available to workers from other Member States, to employers and to other interested partiesall relevant information regarding housing, healthcare security, social tax advantages and disincentives for the worker's partner, tax and benefits relating to childcare and pensions' rights widely available and easily accessible in the relevant languages to workers from other Member States, to employers and to other interested parties. Member States should ensure that affordable language courses for workers and their family members are available.
Amendment 92 #
Proposal for a directive
Recital 23
Recital 23
(23) This Directive lays down minimum requirements, thus giving the Member States the option of introducing or maintaining more favourable provisions. Member States have the possibility and are encouraged to extend the personal scope of this directive to all persons working in another Member State in the European Union and their families regardless of their status. Member States also have the possibility to extend the competencies of the organisations entrusted with tasks related to the protection of Union migrant workers against discrimination on grounds of nationality so as to cover the right to equal treatment without discrimination on grounds of nationality of all Union citizens and their family members exercising their right to free movement, as enshrined in Article 21 TFEU and Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States . The implementation of the present Directive shouldall not serve to justify any regression in relation to the situation which already prevails in each Member State.
Amendment 97 #
Proposal for a directive
Recital 26
Recital 26
(26) After a sufficient time of implementation of the Directive has elapsed, the Commission should prepare a report on its implementation, evaluating in particular the opportunity to present any necessary proposal aiming to guarantee a better enforcement of the Union law on free movement. This evaluation should take a gender sensitive approach.
Amendment 99 #
Proposal for a directive
Recital 27
Recital 27
(27) This Directive respects the fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union, notably the freedom to choose an occupation and the right to engage in work (Article 15), the right to non-discrimination (Article 21 and in particular Paragraph 1 concerning non-discrimination on the ground of sex and Paragraph 2 concerning non-discrimination on the grounds of nationality), the right to collective bargaining and action (Article 28), fair and just working conditions (Article 31), the right to freedom of movement and residence (Article 45) and the right to an effective remedy and a fair trial (Article 47). It has to be implemented in accordance with those rights and principles.
Amendment 102 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down provisions facilitating uniform application and enforcement in practice of rights for workers and their families moving in the Union, including those conferred by Article 45 of the Treaty on the Functioning of the European Union (TFEU) and by provisions of Articles 1 to 10 of Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union.
Amendment 103 #
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) conditions of employment and work, in particular as regards non-discrimination on any ground, remuneration and dismissal;
Amendment 106 #
Proposal for a directive
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(ba) rights at work;
Amendment 107 #
Proposal for a directive
Article 2 – paragraph 1 – point b b (new)
Article 2 – paragraph 1 – point b b (new)
(bb) health and safety at work
Amendment 108 #
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) access to social and tax advantages including social security;
Amendment 110 #
Proposal for a directive
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(ca) access to social security including healthcare;
Amendment 111 #
Proposal for a directive
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) membership of trade unions and other work-related bodies;
Amendment 115 #
Proposal for a directive
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) access to education including early childhood education and childcare for workers' children.
Amendment 119 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
This Directive shall apply to all Union citizens who for the purpose of work move to or reside in another Member State and to their family members.
Amendment 122 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall ensure that judicial and/or administrative procedures, including where they deem it appropriate, conciliation procedures, for the enforcement of the obligations relating to free movement including under Article 45 and 49 of the Treaty and Articles 1 to 10 of Regulation (EU) No 492/2011, are available to all workers and members of their families regardless of their status who consider they have suffered or are suffering from discrimination or unjustified restrictions to their right to free movement or consider themselves wronged by failure to apply the principle of equal treatment to them, even after the relationship in which the discrimination is alleged to have occurred has ended.
Amendment 127 #
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. Member States shall set up or adapt existing information systems to ensure that workers and their families regardless of their language skills are aware of their rights, the existence of support structures, their mechanisms and procedures.
Amendment 128 #
Proposal for a directive
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
1b. Member States shall ensure that workers initiating judicial or administrative proceedings shall not receive any unfavourable treatment by their employer as a consequence of this action.
Amendment 129 #
Proposal for a directive
Article 3 – paragraph 1 c (new)
Article 3 – paragraph 1 c (new)
1c. Member States shall ensure in line with national laws and practices that necessary mechanisms are in place to ensure that workers are able to claim and receive any due entitlements and/or that third parties can act on their behalf to this end.
Amendment 130 #
Proposal for a directive
Article 3 – paragraph 1 d (new)
Article 3 – paragraph 1 d (new)
1d. Member States shall ensure that effective, proportionate and dissuasive sanctions are in place for unjustified restrictions to the right of free movement and to the principle of equal treatment.
Amendment 135 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Paragraph 1rovisions of Article 3 shall apply without prejudice to national rules on time limits for enforcement of those rights. These time limits shall be such that they cannot be regarded as capable of rendering virtually impossible or excessively difficult the exercise of rights conferred by Union law.
Amendment 142 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that associations, organisations or other legal entities, which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that the provisions of this Directive are complied with, may engage, either on behalf of or in support of the worker and members of his/her family, with his/her approvalunless the persons concerned object, in any judicial and/or administrative procedure provided for the enforcement of rights under Article 45 of the Treaty and Articles 1 to 10 of Regulation (EU) No 492/2011.
Amendment 144 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
Amendment 145 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Paragraph 1rovisions of Article 4 shall apply without prejudice to national rules on time limits for enforcement of those rights. These time limits shall be such that they cannot be regarded as capable of rendering virtually impossible or excessively difficult the exercise of rights conferred by Union law.
Amendment 147 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall designate a structure, a body or bodies for the promotion, analysis, monitoring and support of equal treatment of all workers or members of their families without discrimination on grounds of nationality and make the necessary arrangements for functioning of such bodies. Member States shall ensure that these bodies have a gender sensitive approach at all stages of the process. Member states shall ensure that all workers regardless of their status before, during or after the mobility have non-discriminatory access to these bodies. These bodies may form part of agencies at a national level with similar objectives but covering a wider range of discrimination grounds. In that case, the Member State shall ensure allocation of sufficient resources to the new or existing body for the performance of additional tasks in order to ensure that the performance of already existing tasks of these bodies will not suffer.
Amendment 154 #
Proposal for a directive
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
(b) conducting independent surveys concerning discrimination on the basis of nationality and in combination with discrimination on the basis of on any other ground;
Amendment 161 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall ensure that existing or newly created bodies are aware, make use of and co-operate with the existing information and assistance services at Union level, such as Your Europe, SOLVIT, EURES, Enterprise Europe Network and the Points of Single Contact. Member States shall ensure cooperation with existing information and assistance services provided by social partners, NGOs or other interested legal bodies. Member states shall ensure that labour inspections are involved in this cooperation and process and ensure that exchange of practices and information between labour inspections is an integral element of this.
Amendment 165 #
Proposal for a directive
Article 6 – title
Article 6 – title
Interest representation and Dialogue
Amendment 167 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Member States shall encourage and support dialogue with appropriateconcerned non- governmental organisations, representative bodies and the social partners which have, in accordance with their national law and practice, a legitimate interest in contributing to the fight against discrimination on grounds of nationality with a view to promotingand for the principle of equal treatment.
Amendment 170 #
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
Member States should ensure that the body for support of equal treatment actively promotes interest representation and ensures that workers and their families exercising their right to free movement are aware of and can make use of their rights.
Amendment 171 #
Proposal for a directive
Article 6 – paragraph 1 b (new)
Article 6 – paragraph 1 b (new)
Member States shall facilitate and support the organisation of workers from other Member States in particular vulnerable groups working outside formal structures such as seasonal workers, care and domestic workers or sex workers. Member States shall also provide those workers with information on the possibilities of joining a trade union and facilitate the recognition of trade union membership in another Member State.
Amendment 174 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that not only the provisions adopted pursuant to this Directive together with the relevant provisions already in force in Articles 1 to 10 of Regulation (EU) No 492/2011, but also the wide range of other rules related to social security including family benefits, rights at work, conditions of work, tax, family recognition, language learning which are of importance to workers and their families are brought to the attention of the persons concerned by all appropriate means throughout their territory and regardless of the status of the individual.
Amendment 183 #
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. Member States shall bring information related to further national provisions of relevance to workers and their families exercising their right to free movement to the attention of the concerned persons.
Amendment 188 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States may introduce or maintain provisions which are more favourable to the protection of the principle of equal treatment than those laid down in this Directive. Member States are invited to extend the scope of procedural rights to all concerned workers and their families regardless of whether it concerns free movement under Article 45 or other types of labour migration
Amendment 190 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Member States may provide that the competencies of the structures and bodies referred to in Article 5 for the promotion, analysis, monitoring and support of equal treatment of all workers or members of their families without discrimination on grounds of nationality, also cover crossborder workers and other workers as well as the right to equal treatment without discrimination on grounds of nationality of all EU citizens and their family members exercising their right to free movement, as enshrined in Article 21 TFEU and Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.
Amendment 192 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
No later than two years after the expiry of the deadline for transposition, the Commission shall report to the European Parliament, the Council and the European Economic and Social Committee on the implementation of this Directive, with a view to proposing where appropriate, the necessary amendments or legislative proposals.