35 Amendments of Marie-Christine VERGIAT related to 2010/0210(COD)
Amendment 64 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) The Convention on the Protection of the Rights Of All Migrant Workers and Members of Their Families, of 18 December 1990, adopted by the General Assembly of the United Nations, is the most broadly based international legal framework for the protection of the rights of migrant workers and their families, and gives States guidance as to the approach to be adopted to ensure migrants’ rights are respected when policies relating to the migration of labour are drawn up and implemented. The Member States and the European Union should ensure that the fundamental rights of migrant workers and their families are guaranteed, and should be urged to ratify this international convention.
Amendment 65 #
Proposal for a directive
Recital 6
Recital 6
(6) This Directive should contribute to the effective management of migration flows for the specific category of seasonal temporary migration and to improving working conditions for seasonal workers by setting out fair and transparent rules for admission and stay, while at the same time providing for incentives and safeguards to prevent temporary stay from becoming permanent and rules for decent working conditions, while at the same time ensuring the best possible conditions for migrants during their stay and making it easier for the duration of their stay to be extended. In addition, the rules laid down in Directive 2009/52/EC of the European Parliament and of the European CouncilCouncil of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third- country nationals will contribute to avoiding such temporary stay turning into illegal stayshould help, among other things, to reduce the exploitation and wage discrimination which such workers often suffer.
Amendment 68 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Member States should implement the provisions of this Directive without discrimination on the basis of sex, race, colour, ethnic or social origin, physical characteristics, language, religious, philosophical or political beliefs, membership of a national minority, property, birth, disability, age or sexual orientation in accordance, in particular, with Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin1 and Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation2; ______________ 1 OJ L 180, 19.7.2000, p. 22. 2 OJ L 303, 2.12.2000, p. 16.
Amendment 78 #
Proposal for a directive
Recital 11
Recital 11
Amendment 83 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) This Directive should not ignore the large numbers of third-country nationals who are residing illegally in the EU and employed in particularly insecure conditions. These individuals should, therefore, have the possibility, during a transitional period following the transposition of this Directive, of applying for a seasonal worker permit.
Amendment 87 #
Proposal for a directive
Recital 13
Recital 13
(13) The Directive should provide for a flexible entry system based on demand and objective criteria, such as a valid work contract or a binding job offer that specifies the level of remuneration applicable to seasonal workers in the sector concerned. essential aspects of the contract or employment relationship, i.e. the nature of the job, the length of the contract, the notice period for contract termination, the working hours and weekly work pattern, the level of remuneration, social protection arrangements, accommodation, the overtime quota, weekly rest time, compensation for dismissal and details of any collective agreement that may apply.
Amendment 89 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
Amendment 98 #
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, as is a contract extension in the event of an unforeseen increase in workload. 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 106 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) Subject also to Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third- country nationals, Member States should provide for effective, proportionate and dissuasive sanctions against employers in the event of breaches of their obligations under this Directive.
Amendment 112 #
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
Amendment 115 #
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 see that appropriate monitoring mechanisms are put in place to enable effective and adequate regular inspections to be carried out on their territory. With a view to increasing the effectiveness of such inspections, Member States should take care that their national legislation gives adequate powers and resources to competent authorities to carry out inspections, and to ensure that the results of previous inspections can be 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.
Amendment 116 #
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 applic of the Directive, effective mechanisms should be established for the lodging of complaints directly or via designated third parties, such as trade union organisations 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 for seasonal workers following the lodging of a complaint.
Amendment 120 #
Proposal for a directive
Recital 25
Recital 25
(25) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union as well as the principles laid down in conventions of the International Labour Organisation, in particular Convention 118 of 28 June 1962 on Equality of Treatment, Convention 97 of 1 July 1949 on Migration for Employment and Convention 143 of 24 June 1975 on Migrant Workers.
Amendment 128 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. Each Member State, in agreement with the sectoral social partners concerned, shall determine which specific sectors of the economy meet the criteria for seasonal activity according to the definition of Article 3 (c).
Amendment 132 #
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 or on collective living arrangements, under one or more fixed-term work contracts concluded directly between the third- country national and the employer established in a Member State;.
Amendment 150 #
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
Amendment 158 #
Proposal for a directive
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
d) evidence of having accommodation or that accommodation will be provided, as set out in Article 14.
Amendment 169 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 171 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 182 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Member States may reject an application ifIn the event that the employer has been sanctioned in conformity with national law for undeclared work and/or illegal employment. or for failure to meet legal obligations regarding working conditions or labour rights as provided for in national law or this Directive, the relevant Member State, before deciding to reject an application, shall give the applicant a deadline to find a new seasonal job.
Amendment 187 #
Proposal for a directive
Article 6 – paragraph 3 – point b (new)
Article 6 – paragraph 3 – point b (new)
(b) failed to meet the working conditions and remunerations as laid down in applicable collective agreements,
Amendment 190 #
Proposal for a directive
Article 6 – paragraph 3 – point d (new)
Article 6 – paragraph 3 – point d (new)
(d) the employer has failed to meet his obligations concerning taxation and social security,
Amendment 192 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 203 #
Proposal for a directive
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
Amendment 212 #
Proposal for a directive
Article 8
Article 8
Member States shall take the necessary measures to make available to prospective seasonal workers and employers information on conditions of entry and residence, including rights and procedural safeguards as provided for in this Directive and all documentary evidence needed for an application to reside and work in the territory of a Member State as a seasonal worker. This information shall be available to the public and shall be provided in a straightforward and comprehensible manner, in a language that the third-country nationals can speak and understand.
Amendment 216 #
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a) When third-country nationals are granted a seasonal worker permit they shall be provided with information in writing about their rights under this Directive, including complaints procedures. This information shall be provided in a straightforward and comprehensible manner, in a language that the third-country nationals can speak and understand.
Amendment 217 #
Proposal for a directive
Article 8 – paragraph 1 b (new)
Article 8 – paragraph 1 b (new)
1b) Member States shall designate national and/or local contact points responsible for updating information and making it available to prospective seasonal workers, and providing seasonal workers with advice, where requested, prior to or during their period of stay in that Member State.
Amendment 223 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. For stays exceeding three months, sSeasonal workers who fulfil the admission criteria as set out in Article 5 and for whom the competent authorities have taken a positive decision shall be issued with a seasonal worker permit.
Amendment 228 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Seasonal workers shall be allowed to reside for a maximum of six months in any calendar year, after which they shall return to a third countrynine months. They may then be permitted to remain on the territory of the Member State concerned while looking for a position with a different employer.
Amendment 233 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Within the period referred to under paragraph 1, and pProvided that the criteria of Article 5 are met, seasonal workers shall be allowed to extend their contract or to be employed as seasonal worker with a different employer. They may be permitted to remain on the territory of the Member State concerned while looking for a position with a different employer.
Amendment 243 #
Proposal for a directive
Article 12 – paragraph 2 – point a
Article 12 – paragraph 2 – point a
Amendment 258 #
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 , in accordance with international standards defined in the International Covenant on Economic, Social and Cultural Rights, adopted by the United Nations General Assembly on 16 December 1966 and specified by the UN Committee on Economic, Social and Cultural Rights in its general comment No 4 concerning Article 11(1) of the Covenant. As a minimum, therefore, such accommodation, its cost shall not be excessive in relation to their remuneration shall be habitable in that it provides the inhabitants with adequate space and protection from cold, damp, heat, rain, wind and other threats to health, structural hazards, and disease vectors. It shall be safe and well maintained, and shall provide the facilities essential for health, security, comfort and nutrition, such as safe drinking water, cooking facilities, energy for cooking, heating and lighting, sanitation and washing facilities, as well as means of food storage and a refuse- disposal system. The accommodation shall allow access to basic services.
Amendment 270 #
Proposal for a directive
Article 15 – point b a (new)
Article 15 – point b a (new)
ba) free access to the territory of the Schengen Area Member States during the stay;
Amendment 273 #
Proposal for a directive
Article 16 a (new)
Article 16 a (new)
Amendment 274 #
Proposal for a directive
Article 17
Article 17
Member States shall ensure that there are effective mechanisms through which seasonal workers may lodge complaints against their employers, directly or through 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 either on behalf of or in support of a seasonal worker, with his/her approval, inor through a competent authority of the Member State if there is appropriate provision under national legislation. Before a complaint is lodged, Member States shall ensure that third parties which have a legitimate interest in ensuring compliance with this Directive may engage, either on behalf of or in support of a seasonal worker, in any form of mediation between the employer and the seasonal worker and any administrative or civil proceedings provided for with the objective of implementing this Directive.