Activities of Nadja HIRSCH related to 2010/0209(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer
Amendments (20)
Amendment 78 #
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. This Directive shall not apply to construction, including related economic activities (NACE Rev. 1.1 codes 45.1 to 45.4; activities listed in the annex to Directive 96/71/EC).
Amendment 81 #
Proposal for a directive
Article 3 – point b
Article 3 – point b
(b) ‘intra-corporate transfer’ means the temporary secondment of a third-country national from an undertaking established outside the territory of a Member State and to which the third-country national is bound by a work contract, to an entity belonging to the undertaking or to the same group of undertakings which is established inside this territory, for occupational or training purposes;
Amendment 89 #
Proposal for a directive
Article 3 – point e
Article 3 – point e
(e) ‘manager’ means any person working in a senior position, who principally directs the management of the host entitycarries out directing functions, receiving general supervision or direction principally from the board of directors or stockholders of the business or equivalent; this position includes: directing the host entity or a department or sub-division of the host entity, supervising and controlling the work of other supervisory, professional or managerial employees, having the authority personally to hire and dismiss or recommend hiring, dismissing or other personnel actions;
Amendment 99 #
Proposal for a directive
Article 3 – point b
Article 3 – point b
(b) ‘intra-corporate transfer’ means the temporary secondment of a third-country national from an undertaking established outside the territory of a Member State and to which the third-country national is bound by a work contract, to an entity belonging to the undertaking or to the same group of undertakings which is established inside this territory, for occupational or training purposes;
Amendment 101 #
Proposal for a directive
Article 3 – point f
Article 3 – point f
(f) ‘specialist’ means any person possessing uncommon knowledge essential and specific to the host entity, taking account not only of knowledge specific to the host entity, but also of whether the person has a high level of qualification referring to a type of work or trade requiring specific technical knowledge;
Amendment 105 #
Proposal for a directive
Article 3 – point g
Article 3 – point g
(g) ‘graduate trainee’ means any person with a higher education qualification who is transferred to broaden his/her knowledge of and experience in a company in preparation for a managerial position within the companywith a view subsequently to carrying out highly skilled work;
Amendment 111 #
Proposal for a directive
Article 3 – point l
Article 3 – point l
(l) ‘group of undertakings’ for the purposes of this Directive means two or more undertakings recognised as linked in the following ways under national law: an undertaking, in relation to another undertaking directly or indirectly: holds a majority of that undertaking's subscribed capital; or controls a majority of the votes attached to that undertaking's issued share capital; or can appoint more than half of the members of that undertaking's administrative, management or supervisory body; Within the meaning of this Directive, undertakings shall also be regarded as linked if one undertaking can contractually exert a dominant influence over another or if there is a contractually agreed single management structure;
Amendment 111 #
Proposal for a directive
Article 3 – point e
Article 3 – point e
(e) ‘manager’ means any person working in a senior position, who principally directs the management of the host entitycarries out directing functions, receiving general supervision or direction principally from the board of directors or stockholders of the business or equivalent; this position includes: directing the host entity or a department or sub-division of the host entity, supervising and controlling the work of other supervisory, professional or managerial employees, having the authority personally to hire and dismiss or recommend hiring, dismissing or other personnel actions;
Amendment 115 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
(2) This Directive shall not affect the right of Member States to adopt or retain more favourable provisions for persons to whom it applies in respect of Articles 3 (i), 11(2), 12, 14 and 15.
Amendment 120 #
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) provide evidence of employment within the same group of undertakings, for at least 12six months (managers and specialists) or three months (graduate trainees) immediately preceding the date of the intra-corporate transfer, if required by national legislation, and that he or she will be able to transfer back to an entity belonging to that group of undertakings and established in a third country at the end of the assignment;
Amendment 125 #
Proposal for a directive
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) provide evidence that he or she has the professional qualifications or higher education qualifications needed in the Member State to which he or she has been admitted for the position of manager or specialist or, for graduate trainees, the professional qualifications and corresponding professional experience or the higher education qualifications required;
Amendment 126 #
Proposal for a directive
Article 3 – point g
Article 3 – point g
(g) ‘graduate trainee’ means any person with a higher education qualification who is transferred to broaden his/her knowledge of and experience in a company in preparation for a managerial position within the companywith a view subsequently to carrying out highly skilled work;
Amendment 138 #
Proposal for a directive
Article 3 – point l
Article 3 – point l
(l) ‘group of undertakings’ for the purposes of this Directive means two or more undertakings recognised as linked in the following ways under national law: an undertaking, in relation to another undertaking directly or indirectly: holds a majority of that undertaking's subscribed capital; or controls a majority of the votes attached to that undertaking's issued share capital; or can appoint more than half of the members of that undertaking's administrative, management or supervisory body; within the meaning of this Directive, a group of undertakings also exists if one undertaking can contractually exert a dominant influence over another or if there is a contractually agreed single management structure;
Amendment 139 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
(2) This Directive shall not affect the right of Member States to adopt or retain more favourable provisions for persons to whom it applies in respect of Articles 3 (i), 11(2), 12, 14 and 15.
Amendment 149 #
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) provide evidence of employment within the same group of undertakings, for at least 12six months (managers and specialists) or three months (graduate trainees) immediately preceding the date of the intra-corporate transfer, if required by national legislation, and that he or she will be able to transfer back to an entity belonging to that group of undertakings and established in a third country at the end of the assignment;
Amendment 164 #
Proposal for a directive
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) provide evidence that he or she has the professional qualifications or higher education qualifications needed in the Member State to which he or she has been admitted for the position of manager or specialist or, for graduate trainees, the professional qualifications and corresponding professional experience or the higher education qualifications required;
Amendment 184 #
Proposal for a directive
Article 15 – paragraph 5 a (new)
Article 15 – paragraph 5 a (new)
5a. By way of derogation from the second sentence of Article 14(2) of Directive 2003/86/EC, Member States shall not apply any time limit in respect of access to the labour market.
Amendment 185 #
Proposal for a directive
Article 15 – paragraph 5 b (new)
Article 15 – paragraph 5 b (new)
5b. An employee's exercise of the rights under Article 16 shall not stand in the way of the right to family reunification.
Amendment 246 #
Proposal for a directive
Article 15 – paragraph 5 a (new)
Article 15 – paragraph 5 a (new)
(5a) By way of derogation from the second sentence of Article 14(2) of Directive 2003/86/EC, Member States shall not apply any time limit in respect of access to the labour market.
Amendment 247 #
Proposal for a directive
Article 15 – paragraph 5 b (new)
Article 15 – paragraph 5 b (new)
(5b) An employee’s exercise of the rights under Article 16 shall not stand in the way of the right to family reunification.