BETA

31 Amendments of Patrick LE HYARIC related to 2016/0176(COD)

Amendment 52 #
Proposal for a directive
Recital 18
(18) The conditions of entry and residence of third-country nationals for the purposes of highly skilled employment, including the eligibility criteria related to access to full social rights and to a minimum salary threshold, should be defined. It should not aim to determine salaries and therefore should not derogate from the rules or practices at Member State level or from collective agreements, and should not be used to constitute any harmonisation in this field. This Directive should fully respect the competences of Member States, particularly on employment, labour and social matters.
2017/02/09
Committee: EMPL
Amendment 54 #
Proposal for a directive
Recital 31
(31) In order to promote innovative entrepreneurship, third-country nationals admitted under this Directive should be given the right to exercise in parallel a self- employed activity under the same conditions as citizens of the Member State, without it affecting the right of residence as an EU Blue Card holder. This right should be without prejudice to the continuous obligation to meet the conditions for admission under this Directive, and the EU Blue Card holder should therefore remain in highly skilled employed activity.
2017/02/09
Committee: EMPL
Amendment 71 #
Proposal for a directive
Article 5 – paragraph 3 a (new)
3a. Member States may require that: (a) all the conditions laid down by laws, regulations or administrative provisions and/or collective agreements universally applicable to workers in a similar situation in the professions concerned should be fulfilled as regards terms of employment other than pay. In the absence of a system for declaring collective agreements of universal application, Member States may 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 by the most representative employers’ and employees’ organisations at national level and which are applied throughout their national territory. (b) the pay which the third-country national receives throughout the period of work is the same as that received by nationals of the Member State holding comparable posts in accordance with the laws or collective agreements applicable in the Member State.
2017/02/09
Committee: EMPL
Amendment 73 #
Proposal for a directive
Article 5 – paragraph 4
4. By way of derogation from paragraph 2, and for employment in professions which are in particular need of third-country national workers and which belong to major groups 1 and 2 of ISCO, the salary threshold shall be 80 percent of the salary threshold set by the Member State concerned in accordance with paragraph 2.deleted
2017/02/09
Committee: EMPL
Amendment 77 #
Proposal for a directive
Article 5 – paragraph 5 – subparagraph 1
By way of derogation from paragraph 2, as regards third-country nationals who have obtained a higher education qualification not more than three years before submitting the application for an EU Blue Card, the salary threshold shall be 80 percent of the salary threshold set by the Member State concerned in accordance with paragraph 2. The period of three years shall reapply after the attainment of each level of higher education qualifications.deleted
2017/02/09
Committee: EMPL
Amendment 82 #
Proposal for a directive
Article 5 – paragraph 5 – subparagraph 2
The salary threshold referred to in the first subparagraph of this paragraph shall apply whenever an application for a first EU Blue Card or a renewal is submitted during that period of three years. Where the EU Blue Card issued during the period of three years is renewed after the three years period has elapsed, the salary threshold referred to in paragraph 2 shall apply. However, where the first EU Blue Card issued during the period of three years was issued for less than 24 months, the lower salary threshold referred to in the first subparagraph of this paragraph shall apply upon the first renewal.deleted
2017/02/09
Committee: EMPL
Amendment 87 #
Proposal for a directive
Article 6 – paragraph 3 – point a
(a) the employer has failed to meet its legal obligations regarding social security, taxation, labour rights or working conditions;deleted
2017/02/09
Committee: EMPL
Amendment 91 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point b
(b) where appropriate, where the employer has failed to meet its legal obligations regarding social security, taxation, labour rights or working conditions;deleted
2017/02/09
Committee: EMPL
Amendment 93 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point c
(c) where the conditions in the applicable laws, collective agreements or practices in the relevant occupational branches for highly skilled employment are no longer met;deleted
2017/02/09
Committee: EMPL
Amendment 99 #
Proposal for a directive
Article 13 – paragraph 2
2. Without prejudice to the criteria for admission set out in Article 5, EU Blue Card holders may engage in self-employed activity under the same conditions as citizens of the Union, in parallel to the activity in highly skilled employment.
2017/02/09
Committee: EMPL
Amendment 100 #
Proposal for a directive
Article 14 – paragraph 1
1. Unemployment in itself shall not constitute a reason for withdrawing an EU Blue Card, unless the period of unemployment exceeds three consecutive months, or where the unemployment occurs more than once during the period of validity of an EU Blue Card.
2017/02/09
Committee: EMPL
Amendment 105 #
Proposal for a directive
Article 14 – paragraph 2
2. During the period referred to in paragraph 1, the EU Blue Card holder shall be allowed to seek and take up employment in accordance with the conditions set out in Article 13or request another kind of visa enabling them to stay in the EU.
2017/02/09
Committee: EMPL
Amendment 106 #
Proposal for a directive
Article 14 – paragraph 3
3. The EU Blue Card holder shall communicate the beginning and, where appropriate, the end of the period of unemployment to the relevant authorities of the Member State of residence, in accordance with the relevant national procedures.deleted
2017/02/09
Committee: EMPL
Amendment 107 #
Proposal for a directive
Article 14 – paragraph 3 a (new)
3a. The EU Blue Card will not, however, be withdrawn if the third- country national: (a) is temporarily unable to work as a result of illness or an accident; (b) is in duly-recorded involuntary unemployment and has registered as a job-seeker with the employment office; (c) is starting a professional training course which, unless the third-country national concerned is involuntarily unemployed, is linked to their previous job; (d) if the employer in the company of the host entity is being or has been wound up under national law because of insolvency
2017/02/09
Committee: EMPL
Amendment 111 #
Proposal for a directive
Article 15 – paragraph 1 – point f a (new)
(fa) equal access to justice and support for European Blue Card holders if they face discrimination in the labour market by applying the principles and safeguards set out in Council Directive 2000/43/EC and Council Directive 2000/78/EC.
2017/02/09
Committee: EMPL
Amendment 112 #
Proposal for a directive
Article 15 – paragraph 1 – point f b (new)
(fb) non-discrimination on the grounds of origin, religion or belief, handicap, age, sexual orientation or gender.
2017/02/09
Committee: EMPL
Amendment 114 #
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 1
With respect to point (c) of paragraph 1 the Member State concerned may not restrict equal treatment as regards study and maintenance grants and loans or other grants and loans regarding secondary and higher education and vocational training. Access to university and post-secondary education may not be subject to specific prerequisites in accordance with national law.
2017/02/09
Committee: EMPL
Amendment 115 #
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 2
With respect to point (f) of paragraph 1 the Member State concerned may not restrict equal treatment as regards procedures for obtaining housing. This shall be without prejudice to the freedom of contract in accordance with Union and national law.
2017/02/09
Committee: EMPL
Amendment 117 #
Proposal for a directive
Article 15 – paragraph 6 a (new)
6a. National, regional and local authorities shall provide guidance on reasonable accommodation and in order to combat the exclusion of certain vulnerable groups. National, regional and local authorities shall set up a dialogue with social partners, including unions and employers, in particular with a view to laying down guidance on the provision of reasonable accommodation for European Blue Card holders.
2017/02/09
Committee: EMPL
Amendment 119 #
Proposal for a directive
Article 22 – paragraph 5 – subparagraph 1
Member States may hold the employer of the EU Blue Card holder responsible for failure to comply with the conditions of mobility laid down in this Chapter or for repetitively making use of the mobility provisions of this Chapter in an abusive manner.
2017/02/09
Committee: EMPL
Amendment 121 #
Proposal for a directive
Article 22 – paragraph 5 – subparagraph 2
The Member State concerned shall provide for sanctions where the employer is held responsible, particularly where the employer has failed to fulfil its legal obligations concerning social security, tax, employment conditions or working conditions. Those sanctions shall be effective, proportionate and dissuasive.
2017/02/09
Committee: EMPL
Amendment 123 #
Proposal for a directive
Article 22 a (new)
Article 22a Facilitation of complaints 1. Member States shall ensure that there are effective mechanisms for third- country nationals to complain about their employers, either directly or through third parties appointed by the Member States, such as unions or other organisations or a competent body of the Member State, as determined in national legislation. 2. Member States shall ensure that third parties which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring compliance with this Directive, may engage on behalf of a third-country national, with his/her approval, in any administrative or civil proceedings provided for with the objective of implementing this Directive. 3. Member States shall put in place mechanisms to ensure that Blue Card holders: (a) may submit a complaint, subject to a limitation period laid down in national law, against their employer and, where necessary, enforce a judgment against the employer for any outstanding pay, including in situations whereby they have been or are going to be dismissed; (b) may, where provided for by national law, ask the relevant Member State authority to launch pay recovery procedures without the need for a request to be submitted. 4. Member States shall set out in their national law the conditions under which they may, on a case-by-case basis, grant temporary permits linked to the length of the relevant national procedure to third-country nationals who are subject to exploitative employment conditions, under arrangements similar to those applicable to third-country nationals who are covered by Directive 2004/81/EC.
2017/02/09
Committee: EMPL
Amendment 124 #
Proposal for a directive
Article 23 – paragraph 2
2. Member States shall communicate to the Commission each year and upon each modification, the factor they have decided to set for determining the annual salary thresholds, and the resulting nominal amounts, in accordance with Article 5(2), (4) and (5). Member States shall communicate each year to the Commission the list of the professions for which a derogation in accordance with Article 5(4) applies. Where Member States refuse applications for an EU Blue Card based on ethical recruitment considerations in accordance with Article 6(4), they shall communicate to the Commission and to the other Member States a duly justified decision indicating the countries and sectors concerned. Member States shall communicate to the Commission each year the list of allowed business activities, as meant in Article 2(l), for the application of Article 19.deleted
2017/02/09
Committee: EMPL
Amendment 132 #
Proposal for a directive
Article 25 – paragraph 2
The Commission shall notably assess the relevance of the salary threshold set out in Article 5 and of the derogations provided for in that Article, taking into account, among others, the diversity of the economical, sectorial and geographical situations and the labour market impact within the Member States.deleted
2017/02/09
Committee: EMPL
Amendment 143 #
Proposal for a directive
Recital 5
(5) An EU-wide admission system to attract and retain highly skilled workers into the Union should be created. Member States should issue an EU Blue Card instead of a national permit to all applicants falling within the scope of this Directive. Member States should retain the right to issue permits other than EU Blue Card for any purpose of employment to third-country nationals who fall outside of the scope of this Directive, subject to the limitations following from other directives in the area of labour migration.
2017/03/03
Committee: LIBE
Amendment 150 #
Proposal for a directive
Recital 5 b (new)
(5b) National, regional and local authorities are encouraged to propose guidance for reasonable accommodation and to tackle exclusion of specific vulnerable groups. Calls for dialogue with social partners, including trade unions and employers, who should also aim at defining guidance for reasonable accommodation practices to be put in place for Blue Card holders.
2017/03/03
Committee: LIBE
Amendment 175 #
Proposal for a directive
Recital 13
(13) It is necessary to provide for a flexible demand-driven admission system based on objective criteria, such as a work contract or a binding job offer of at least 6three months, a salary threshold adaptable by the Member Statcompliance with the applicable laws, collective agreements or national practices toin the situation in its labour marketrelevant occupational branches and higher professeducational qualifications or higher professional skills.
2017/03/03
Committee: LIBE
Amendment 437 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point d
(d) where the third-country national has not communicated the changes referred to in Article 13(1), where applicable, and in Article 14(3);deleted
2017/03/03
Committee: LIBE
Amendment 440 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point e
(e) where the third-country national no longer holds a valid travel document, provided that prior to withdrawing the EU Blue Card, the Member State had duly notified and set a reasonable deadline for the third-country national concerned to obtain and present a valid travel document;
2017/03/03
Committee: LIBE
Amendment 470 #
Proposal for a directive
Article 9 – paragraph 1
1. Member States shall determine whetherallow applications for an EU Blue Card are to be made byfrom either the third-country national, his lawyer or by the employer. Member States may also allow anAn application made by the employer shall not restrict the procedural rights enjoyed by the third- country national seeking the EU Blue Card during the application fprom either of the twocedure, or the rights enjoyed by the EU Blue Card holder during the period of employment or the EU Blue Card renewal procedure.
2017/03/03
Committee: LIBE
Amendment 503 #
Proposal for a directive
Article 12 – paragraph 3 – subparagraph 1
Member States shall provide for measures to prevent possible abuses. Those measures may include monitoring, assessment at regular intervals andmonitor and assess at regular intervals the functioning and effectiveness of the recognition procedures for employers under paragraph 1 and any form of arbitrariness and discrimination, as per Council Directive 2000/43/EC, Council Directive 2000/78/EC and Council Directive 2002/73/EC. To that end, they shall, where appropriate, carry out inspections in accordance with national law or administrative practice and ensure that there are effective mechanisms through which all third-country nationals may lodge complaints against their employers, directly or through third parties designated by Member States such as trade unions or other associations or a competent authority of the Member State when provided for by national legislation.
2017/03/03
Committee: LIBE