Activities of Judith SARGENTINI related to 2010/0210(COD)
Shadow reports (1)
REPORT 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 PDF (580 KB) DOC (418 KB)
Amendments (16)
Amendment 71 #
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 77 #
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, during the planting or harvesting period, or tourism, during the holiday periods.
Amendment 79 #
Proposal for a directive
Recital 11
Recital 11
(11) It should only be possible to apply for admission as a seasonal worker while the applicant is residing inside or outside the territory of the Member States.
Amendment 100 #
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 117 #
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 application of the Directive. This is considered necessary to address situations where seasonal workers or employers are unaware of the existence of enforcement mechanisms or hesitant to use these in their own name, out of fear of possible consequences.
Amendment 122 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive shall apply to: a) third- country nationals who reside outsideapply to be admitted to the territory of a Member State for the purpose of employment as seasonal workers; (b) third-country nationals who are legally staying in the territory of thea Member States and who apply to be admitted to the territory of a Member State for the purpose of employment as seasonal workersfor a seasonal worker permit in that Member State; (c) third-country nationals who have applied for international protection in a Member State under Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted1 and whose application has not yet been the subject of a final decision. ____________ 1 OJ L 304, 30.9.2004, p. 12.
Amendment 127 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. 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.
Amendment 130 #
Proposal for a directive
Article 3 – point b
Article 3 – point b
(b) ‘seasonal worker’ means a third- country national who retains a legal domicile in a third country but resides temporarily for the purposes of employment in the territory of a Member State in a sector of activity dependent on the passing of the seasons, under one or more fixed-term work contracts concluded directly between the third-country national and the employer established in a Member State;
Amendment 148 #
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) a valid work contract or, as provided for in national law, a binding job offer to work as a seasonal worker in the Member State concerned with an employer established in the Member State that specifies, in the language(s) of the applicant and the employer, the rate of pay and the working hours per week or month and, when applicable, other relevant working conditions;
Amendment 165 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall require that employers ensure decent pay so that the seasonal worker will have sufficient resources during his/her stay to maintain him/her without having recourse to the social assistance system of the Member State concerned.
Amendment 221 #
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The Member State concerned and/or relevant authorities shall grant the third- country national whose application for admission has been accepted every facility to obtain the requisite visa.
Amendment 245 #
Proposal for a directive
Article 12 – paragraph 2 – point a
Article 12 – paragraph 2 – point a
(a) a third-country national who has not complied with the obligations arising from the admission decision during a previous stay as a seasonal worker, and in particular with the obligation to return to a third country on the expiry of the permit, shall be excluded from admission as seasonal worker for one or more subsequent years;
Amendment 255 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Where the information supplied in support of the application is inadequate, the competent authorities shall notify the applicant within a reasonable period10 working days of the additional information that is required and set a reasonable deadline for providing it.
Amendment 264 #
Proposal for a directive
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. The seasonal worker shall have the possibility to accept or refuse the accommodation provided by the employer.
Amendment 272 #
Proposal for a directive
Article 16 a (new)
Article 16 a (new)
Article 16 a Monitoring and inspections 1. Member States shall ensure that appropriate monitoring mechanisms are put in place, that adequate and regular inspections are carried out on their territory by the relevant national authorities and that organisations representing workers' interest have access to the workplace and the accommodation if provided by the employer, 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 30% of companies offering seasonal employment established on their territory per year are subject to inspections. 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 281 #
Proposal for a directive
Article 19
Article 19
Every three years, and for the first time no later than [threewo years after the date of transposition of this Directive], the Commission shall submit a report to the European Parliament and to the Council on the application of this Directive in the Member States and shall propose any amendments necessary.