{"change_dates":[],"dossier":{"amendments":[{"authors":"Marian-Jean Marinescu","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-52","location":[["Proposal for a directive","Recital 2 a (new)"]],"meps":[33982],"meta":{"created":"2020-01-20T00:12:25"},"new":["(2a) This Directive lays down dissuasive","sanctions in relation to employers who","benefit from the illegal status of a","migrant and create illegal and unfair","competition to the disadvantage of other","honest employers."],"orig_lang":"en","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"52","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Ioannis Varvitsiotis","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-53","justification":"There is a gap in the law on this point.","location":[["Proposal for a directive","Recital 3 a (new)"]],"meps":[28547],"meta":{"created":"2020-01-20T00:12:25"},"new":["(3) There is also a need to consider the","situation of legally resident third-country","nationals who are employed illegally, in","order to supplement existing measures,"],"orig_lang":"el","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"53","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Giusto Catania","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-54","location":[[" Proposal for a directive","Recital 4"]],"meps":[28979],"meta":{"created":"2020-01-20T00:12:25"},"new":["(4) The provisions should not cover third-","country nationals who are not illegally","staying. This excludes third-country","nationals who are family members of","citizens of the Union exercising their right","to free movement within the Community,","and those who, under agreements between","the Community and its Member States, on","the one hand, and the countries of which","they are nationals, on the other, enjoy","rights of free movement equivalent to those","of citizens of the Union. It also excludes","third-country nationals who are in a","situation covered by Community law, such","as those who are lawfully employed in","another Member State and who are posted","by a service provider to another Member","State in the context of the provision of","services, or who are the subject of","international protection measures."],"old":["(4) The provisions should not cover third-","country nationals who are not illegally","staying. This excludes third-country","nationals who are family members of","citizens of the Union exercising their right","to free movement within the Community,","and those who, under agreements between","the Community and its Member States, on","the one hand, and the countries of which","they are nationals, on the other, enjoy","rights of free movement equivalent to those","of citizens of the Union. It also excludes","third-country nationals who are in a","situation covered by Community law, such","as those who are lawfully employed in","another Member State and who are posted","by a service provider to another Member","State in the context of the provision of","services."],"orig_lang":"it","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"54","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Ona Juknevi\u010dien\u00f7","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-55","justification":"This directive should also be applied to posted workers","location":[[" Proposal for a directive","Recital 4"]],"meta":{"created":"2020-01-20T00:12:25"},"new":["(4) The provisions should not cover third","country nationals who are not illegally","staying. This excludes third-country","nationals who are family members of","citizens of the Union exercising their right","to free movement within the Community,","and those who, under agreements between","the Community and its Member States, on","the one hand, and the countries of which","they are nationals, on the other, enjoy","rights of free movement equivalent to those","of citizens of the Union. It also excludes","third-country nationals who are in a","situation covered by Community law, such","as those who are lawfully employed in","another Member State."],"old":["(4) The provisions should not cover third","country nationals who are not illegally","staying. This excludes third-country","nationals who are family members of","citizens of the Union exercising their right","to free movement within the Community,","and those who, under agreements between","the Community and its Member States, on","","the one hand, and the countries of which","they are nationals, on the other, enjoy","rights of free movement equivalent to those","of citizens of the Union. It also excludes","third-country nationals who are in a","situation covered by Community law, such","as those who are lawfully employed in","another Member State and who are posted","by a service provider to another Member","State in the context of the provision of","services."],"orig_lang":"en","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"55","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Rare\u015f-Lucian Niculescu","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-56","justification":" Anyone seeking to ascertain whether a document is valid must have at their disposal adequate\n information as to the criteria that document has to fulfil.","location":[["Proposal for a directive","Recital 5"]],"meps":[39714],"meta":{"created":"2020-01-20T00:12:25"},"new":["(5) To prevent the employment of illegally","staying third-country nationals, employers","should be required before recruiting a","third-country national, including in cases","where the third country national is being","recruited for the purpose of posting to","another Member State in the context of the","provision of services, to check that they","have a residence permit or another","authorisation for stay valid for the period","of employment. The burden on employers","should be limited to checking that the","document is not manifestly incorrect, such","as bearing a manifestly wrong photograph.","To enable Member States in particular to","check for forged documents, businesses","and legal persons should also be required","to notify the competent authorities of the","employment of a third-country national.","Member States should ensure that","employers are adequately informed as to","the form and content of the residence","permit issued to third country nationals."],"old":["(5) To prevent the employment of illegally","staying third-country nationals, employers","should be required before recruiting a","third-country national, including in cases","where the third country national is being","recruited for the purpose of posting to","another Member State in the context of the","provision of services, to check that they","have a residence permit or another","authorisation for stay valid for the period","of employment. The burden on employers","should be limited to checking that the","document is not manifestly incorrect, such","as bearing a manifestly wrong photograph.","To enable Member States in particular to","check for forged documents, businesses","and legal persons should also be required","to notify the competent authorities of the","employment of a third-country national.","",""],"orig_lang":"ro","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"56","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jean Lambert","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-57","location":[[" Proposal for a directive","Recital 7"]],"meps":[4531],"meta":{"created":"2020-01-20T00:12:25"},"new":["(7) To enforce the general prohibition and","to deter infringements, Member States","should provide for appropriate sanctions.","These should include financial penalties."],"old":["(7) To enforce the general prohibition and","to deter infringements, Member States","should provide for appropriate sanctions.","These should include financial penalties","and contributions to the costs of returning","illegally staying third-country nationals."],"orig_lang":"en","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"57","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Giusto Catania","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-58","location":[[" Proposal for a directive","Recital 8 a (new)"]],"meps":[28979],"meta":{"created":"2020-01-20T00:12:26"},"new":["(8a) In order to secure the effectiveness of","this Directive, any undue profit generated","by the illegal employment of third-country","nationals should be returned. Outstanding","remuneration and other work-related","financial entitlements to be paid back","should therefore be equal to those which","would have been enjoyed by comparable","workers in a declared employment","relationship."],"old":[""],"orig_lang":"en","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"58","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Simon Busuttil","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-59","location":[["Proposal for a directive","Recital 10"]],"meps":[28120],"meta":{"created":"2020-01-20T00:12:26"},"new":["(10) Member States may provide for the","employee and the third-country national","to have the possibility of proving the","existence and duration of the work","relationship."],"old":["(10) Member States should further provide","for a presumption of a work relationship","of at least six months duration so that the","burden of proof is put on the employer in","respect of at least a certain period."],"orig_lang":"en","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"59","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Ona Juknevi\u010dien\u00f7","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-60","location":[["Proposal for a directive","Recital 10"]],"meta":{"created":"2020-01-20T00:12:26"},"new":["(10) Member States should further provide","for a presumption of an existing work","relationship so that the burden of proof is","put on the employer. Member States","should also provide for employees to have","an opportunity to prove the existence and","duration of their work relationship."],"old":["(10) Member States should further provide","for a presumption of a work relationship of","at least six months duration so that the","burden of proof is put on the employer in","respect of at least a certain period."],"orig_lang":"en","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"60","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Simon Busuttil","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-61","location":[[" Proposal for a directive","Recital 13"]],"meps":[28120],"meta":{"created":"2020-01-20T00:12:26"},"new":["deleted"],"old":["(13) In view of the prevalence of","subcontracting in certain affected sectors,","it is necessary to ensure that all the","undertakings in a chain of subcontracting","are held jointly and severally liable to pay","financial sanctions against an employer at","the end of the chain who employs illegally","staying third-country nationals."],"orig_lang":"en","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"61","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marian-Jean Marinescu","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-62","justification":" Both \"contractors\" and \"subcontractors\" are defined as \"employers\". All employers should be\n held responsible for the persons they hire.","location":[[" Proposal for a directive","Recital 13"]],"meps":[33982],"meta":{"created":"2020-01-20T00:12:26"},"new":["deleted"],"old":["(13) In view of the prevalence of","subcontracting in certain affected sectors,","it is necessary to ensure that all the","undertakings in a chain of subcontracting","are held jointly and severally liable to pay","financial sanctions against an employer at","the end of the chain who employs illegally","staying third-country nationals."],"orig_lang":"en","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"62","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Ona Juknevi\u010dien\u00f7","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-63","location":[["Proposal for a directive","Recital 15"]],"meta":{"created":"2020-01-20T00:12:26"},"new":["(15) To guarantee the full effectiveness of","the general prohibition, there is therefore a","particular need for more dissuasive","sanctions in serious cases, such as:","repeated infringements, illegal employment","of a significant number of third-country","nationals, illegal employment of a minor,","particularly exploitative working","conditions and where the employer knows","that the worker is a victim of human","trafficking. Working conditions should be","considered particularly exploitative where","there is a significant difference in pay or in","working conditions, particularly those","affecting workers\u2019 health and safety, from","those enjoyed by legally employed","workers."],"old":["(15) To guarantee the full effectiveness of","the general prohibition, there is therefore a","particular need for more dissuasive","sanctions in serious cases, such as:","repeated infringements, illegal employment","of a significant number of third-country","nationals, particularly exploitative working","conditions and where the employer knows","that the worker is a victim of human","trafficking. Working conditions should be","considered particularly exploitative where","there is a significant difference in pay or in","working conditions, particularly those","affecting workers\u2019 health and safety, from","those enjoyed by legally employed","workers."],"orig_lang":"en","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"63","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Simon Busuttil","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-64","location":[["Proposal for a directive","Recital 19"]],"meps":[28120],"meta":{"created":"2020-01-20T00:12:26"},"new":["deleted"],"old":["(19) To supplement the complaint","mechanisms, Member States should grant","residence permits of limited duration,","linked to the length of the relevant","national proceedings, to third-country","nationals who have been subjected to","particularly exploitative working","conditions and who cooperate in criminal","proceedings against the employer. Such","permits should be granted under the same","","conditions as those granted under","Directive 2004/81/EC of 29 April 2004 on","the residence permit issued to third-","country nationals who are victims of","trafficking in human beings or who have","been the subject of an action to facilitate","illegal immigration who cooperate with","the competent authorities."],"orig_lang":"en","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"64","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Ona Juknevi\u010dien\u00f7","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-65","location":[[" Proposal for a directive","Recital 19"]],"meta":{"created":"2020-01-20T00:12:26"},"new":["(19) To supplement the complaint","mechanisms, Member States should grant","residence permits of limited duration and","access to the legal work market to third-","country nationals who have been subjected","to particularly exploitative working","conditions and who cooperate in criminal","proceedings against the employer. Such","permits should be granted under the same","conditions as those granted under Directive","2004/81/EC of 29 April 2004 on the","residence permit issued to third-country","nationals who are victims of trafficking in","human beings or who have been the subject","of an action to facilitate illegal immigration","who cooperate with the competent","authorities."],"old":["(19) To supplement the complaint","mechanisms, Member States should grant","residence permits of limited duration,","linked to the length of the relevant","national proceedings, to third-country","nationals who have been subjected to","particularly exploitative working","conditions and who cooperate in criminal","proceedings against the employer. Such","permits should be granted under the same","conditions as those granted under Directive","2004/81/EC of 29 April 2004 on the","residence permit issued to third-country","nationals who are victims of trafficking in","human beings or who have been the subject","of an action to facilitate illegal immigration","who cooperate with the competent","authorities."],"orig_lang":"en","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"65","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jean Lambert","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-66","location":[["Proposal for a directive","Recital 19"]],"meps":[4531],"meta":{"created":"2020-01-20T00:12:26"},"new":["(19) To supplement the complaint","mechanisms, Member States should grant","residence permits of limited duration and","access to the legal work market to third-","country nationals who have been subjected","to particularly exploitative working","conditions and who cooperate in criminal","proceedings against the employer. Such","permits should be granted under the same","conditions as those granted under Directive","2004/81/EC of 29 April 2004 on the","residence permit issued to third-country","nationals who are victims of trafficking in","human beings or who have been the subject","of an action to facilitate illegal immigration","who cooperate with the competent","authorities."],"old":["(19) To supplement the complaint","mechanisms, Member States should grant","residence permits of limited duration,","linked to the length of the relevant","national proceedings, to third-country","nationals who have been subjected to","particularly exploitative working","conditions and who cooperate in criminal","proceedings against the employer. Such","permits should be granted under the same","conditions as those granted under Directive","2004/81/EC of 29 April 2004 on the","residence permit issued to third-country","nationals who are victims of trafficking in","human beings or who have been the subject","of an action to facilitate illegal immigration","who cooperate with the competent","authorities."],"orig_lang":"en","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"66","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Rare\u015f-Lucian Niculescu","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-67","justification":" The families of third country nationals who enjoy this right should not be separated from their\n families. Not inserting this clause would deprive the measure of operational effectiveness.\n Directive 2004/81/EC of 29 April 2004 contains no provisions regarding the situation of\n family members.","location":[["Proposal for a directive","Recital 19"]],"meps":[39714],"meta":{"created":"2020-01-20T00:12:27"},"new":["(19) To supplement the complaint","mechanisms, Member States should grant","residence permits of limited duration,","linked to the length of the relevant national","proceedings, to third-country nationals who","have been subjected to particularly","exploitative working conditions and who","cooperate in criminal proceedings against","the employer, as well as to their family","members. Such permits should be granted","under the same conditions as those granted","under Directive 2004/81/EC of 29 April","2004 on the residence permit issued to","third-country nationals who are victims of","trafficking in human beings or who have","been the subject of an action to facilitate","illegal immigration who cooperate with the","competent authorities."],"old":["(19) To supplement the complaint","mechanisms, Member States should grant","residence permits of limited duration,","linked to the length of the relevant national","proceedings, to third-country nationals who","have been subjected to particularly","exploitative working conditions and who","cooperate in criminal proceedings against","the employer. Such permits should be","","granted under the same conditions as those","granted under Directive 2004/81/EC of 29","April 2004 on the residence permit issued","to third-country nationals who are victims","of trafficking in human beings or who have","been the subject of an action to facilitate","illegal immigration who cooperate with the","competent authorities."],"orig_lang":"ro","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"67","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jean Lambert","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-68","location":[[" Proposal for a directive","Recital 20 a (new)"]],"meps":[4531],"meta":{"created":"2020-01-20T00:12:27"},"new":["(20a) This Directive should be seen as","complementary to other measures taken to","address the issue of undeclared work."],"orig_lang":"en","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"68","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marian-Jean Marinescu","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-69","location":[[" Proposal for a directive","Article 1 - paragraph 1"]],"meps":[33982],"meta":{"created":"2020-01-20T00:12:27"},"new":["1. This Directive lays down common","sanctions and measures to be applied in the","Member States against employers of third-","country nationals who are illegally staying","on the territory of the Member States, in","order to take action against illegal","immigration and to counter undeclared","work and exploitation."],"old":["1. This Directive lays down common","sanctions and measures to be applied in the","","Member States against employers of third-","country nationals who are illegally staying","on the territory of the Member States, in","order to take action against illegal","immigration."],"orig_lang":"en","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"69","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Ioannis Varvitsiotis","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-70","justification":"The aim of the Directive is to lay down minimum common measures.","location":[["Proposal for a directive","Article 1 - paragraph 1"]],"meps":[28547],"meta":{"created":"2020-01-20T00:12:27"},"new":["1. This Directive lays down the minimum","common measures and sanctions to be","applied in the Member States against","employers of third-country nationals who","are illegally staying on the territory of the","Member States, in order to take action","against illegal immigration."],"old":["1. This Directive lays down common","sanctions and measures to be applied in the","Member States against employers of third-","country nationals who are illegally staying","on the territory of the Member States, in","order to take action against illegal","immigration."],"orig_lang":"el","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"70","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Ona Juknevi\u010dien\u00f7","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-71","location":[["Proposal for a directive","Article 2 - point f"]],"meta":{"created":"2020-01-20T00:12:27"},"new":["(f) \"subcontractor\" means a natural or legal","person to whom the execution of all or part","of the obligations of a prior contract is","assigned, including temporary","employment agencies and any other","intermediary."],"old":["(f) \"subcontractor\" means a natural or legal","person to whom the execution of all or part","of the obligations of a prior contract is","assigned.",""],"orig_lang":"en","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"71","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marian-Jean Marinescu","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-72","location":[[" Proposal for a directive","Article 2 - point f a (new)"]],"meps":[33982],"meta":{"created":"2020-01-20T00:12:27"},"new":["(fa) \"temporary employment agency\"","means a natural or legal person through","which temporary workers are able to","access jobs, and includes any natural or","legal person who charges employers a","fee, whether direct or indirect, for","seeking suitable temporary workers."],"orig_lang":"en","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"72","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Simon Busuttil","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-73","location":[[" Proposal for a directive","Article 4 - paragraph 1 - point a"]],"meps":[28120],"meta":{"created":"2020-01-20T00:12:27"},"new":["(a) require the production by third-country","nationals, of a residence permit or a work","permit or another authorisation for stay","valid for the period of the employment in","question, before the commencement of","their employment. In cases where the","duration of the employment contract","exceeds the period of validity of the valid","residence permit or another authorisation","for stay under this paragraph, Member","States shall oblige employers to require","the employed third-country national to","present, on the date of expiry of the","residence permit or another authorisation","for stay presented at the time of being","employed, a new valid residence permit or","another authorisation for stay."],"old":["(a) require the production by third-country","nationals of a residence permit or another","authorisation for stay valid for the period","of the employment in question;",""],"orig_lang":"en","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"73","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jeanine Hennis-Plasschaert","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-74","location":[["Proposal for a directive","Article 4 - paragraph 1 - point a"]],"meps":[28176],"meta":{"created":"2020-01-20T00:12:27"},"new":["(a) require the production by third-country","nationals of a residence permit or another","authorisation for stay valid for the period","of the employment in question, or one","which is valid at the start of employment","and can be renewed for the remaining","period of employment;"],"old":["(a) require the production by third-country","nationals of a residence permit or another","authorisation for stay valid for the period","of the employment in question;"],"orig_lang":"en","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"74","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Simon Busuttil","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-75","location":[["Proposal for a directive","Article 4 - paragraph 2"]],"meps":[28120],"meta":{"created":"2020-01-20T00:12:27"},"new":["2. Member States shall oblige employers","acting in the course of business activities or","who are legal persons to notify the","competent authorities designated by","Member States of both the start and the","termination of employment of third-","country nationals within a period laid","down by each Member State."],"old":["2. Member States shall oblige employers","acting in the course of business activities or","who are legal persons to notify the","competent authorities designated by","Member States of both the start and the","termination of employment of third-","country nationals at the latest within one","week."],"orig_lang":"en","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"75","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jeanine Hennis-Plasschaert","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-76","justification":"\n Too much bureaucracy, too little effect; administrative burden.","location":[[" Proposal for a directive","Article 4 - paragraph 2"]],"meps":[28176],"meta":{"created":"2020-01-20T00:12:27"},"new":["deleted"],"old":["2. Member States shall oblige employers","acting in the course of business activities","or who are legal persons to notify the","competent authorities designated by","Member States of both the start and the","termination of employment of third-","country nationals at the latest within one","week."],"orig_lang":"en","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"76","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Simon Busuttil","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-77","location":[[" Proposal for a directive","Article 4 - paragraph 2 a (new)"]],"meps":[28120],"meta":{"created":"2020-01-20T00:12:28"},"new":["2a. Member States may provide for a","simplified system of employers'","obligations in cases where the employer","employs people to carry out domestic","work."],"orig_lang":"en","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"77","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Martine Roure","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-78","location":[["Proposal for a directive","Article 4 - paragraph 2 a (new)"]],"meps":[4313],"meta":{"created":"2020-01-20T00:12:28"},"new":["2a. Member States may provide for a","simplified system of obligations for","employers where the latter are private","individuals employing someone to","perform activities relating to domestic","help and personal services. They shall","nevertheless take the necessary measures","to combat domestic slavery."],"orig_lang":"fr","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"78","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marian-Jean Marinescu","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-79","location":[["Proposal for a directive","Article 4 - paragraph 2 a (new)"]],"meps":[33982],"meta":{"created":"2020-01-20T00:12:28"},"new":["2a. Member States shall provide clear","guidelines and advice to employers on","resident permits or other authorisations","for stay."],"orig_lang":"en","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"79","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Simon Busuttil","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-80","location":[["Proposal for a directive","Article 4 - paragraph 3"]],"meps":[28120],"meta":{"created":"2020-01-20T00:12:28"},"new":["3. Member States shall ensure that","employers are considered to have fulfilled","their obligation under paragraph 1(a)","unless the document presented as a","residence permit, a work permit or another","authorisation for stay is manifestly","falsified."],"old":["3. Member States shall ensure that","employers are considered to have fulfilled","","their obligation under paragraph 1(a)","unless the document presented as a","residence permit or another authorisation","for stay is manifestly incorrect."],"orig_lang":"en","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"80","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Rare\u015f-Lucian Niculescu","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-81","justification":" Employers must avoid discriminatory practices when recruiting, and conduct a check on the\n papers of everyone they hire, handling all job applications equitably. Employers cannot\n assume that someone belonging to an ethnic minority is an immigrant. Conducting checks\n solely on the papers of people who appear by their accent or appearance to be foreigners will\n be construed as discriminating on the grounds of race.","location":[[" Proposal for a directive","Article 4 - paragraph 3 a (new)"]],"meps":[39714],"meta":{"created":"2020-01-20T00:12:28"},"new":["3a. Member States must ensure that","employers handle job applications","equitably and conduct a","non-discriminatory check on the papers of","all applicants offered employment."],"orig_lang":"ro","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"81","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jeanine Hennis-Plasschaert","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-82","justification":"\nThe financial penalties should reflect an estimation of the costs of return, as determined by\nthe national authorities in order to establish a truly deterrent effect.","location":[[" Proposal for a directive","Article 6 - paragraph 2 - point a"]],"meps":[28176],"meta":{"created":"2020-01-20T00:12:28"},"new":["(a) financial penalties in relation to each","illegally employed third-country national,","in which the average costs of return are","reflected in the total amount;"],"old":["(a) financial penalties in relation to each","illegally employed third-country national;","",""],"orig_lang":"en","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"82","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marian-Jean Marinescu","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-83","location":[["Proposal for a directive","Article 6 - paragraph 2 - point a"]],"meps":[33982],"meta":{"created":"2020-01-20T00:12:28"},"new":["(a) financial penalties in relation to each","illegally employed third-country national,","which shall rise progressively in line with","the number of illegally employed third-","country nationals;"],"old":["(a) financial penalties in relation to each","illegally employed third-country national;"],"orig_lang":"en","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"83","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jeanine Hennis-Plasschaert","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-84","justification":"\n Experiences in a number of Member States show that this is too complex. It should be\n incorporated in the financial penalties.","location":[["Proposal for a directive","Article 6 - paragraph 2 - point b"]],"meps":[28176],"meta":{"created":"2020-01-20T00:12:28"},"new":["deleted"],"old":["(b) payments of the costs of return of each","illegally employed third-country national","in those cases where return procedures","are carried out."],"orig_lang":"en","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"84","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marian-Jean Marinescu","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-85","location":[[" Proposal for a directive","Article 6 - paragraph 2 a (new)"]],"meps":[33982],"meta":{"created":"2020-01-20T00:12:28"},"new":["2a. Member States may provide for","reduced financial penalties in cases","where the employer is a private individual","employing a third-country national to","provide domestic help or personal","services and when the employee testifies","the fairness of his or her treatment by the","employer during the employment period."],"orig_lang":"en","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"85","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Martine Roure","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-86","location":[[" Proposal for a directive","Article 6 - paragraph 2 a (new)"]],"meps":[4313],"meta":{"created":"2020-01-20T00:12:29"},"new":["2a. Member States may provide for","reduced financial penalties in cases where","the employer is a private individual","employing a third country national to","provide domestic help or personal","services, while taking care to ensure there","is no domestic slavery involved."],"orig_lang":"fr","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"86","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Simon Busuttil","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-87","location":[["Proposal for a directive","Article 7 - paragraph 1 - point a"]],"meps":[28120],"meta":{"created":"2020-01-20T00:12:29"},"new":["(a) any outstanding remuneration to the","illegally employed third-country national;","where the agreed level of remuneration","cannot be established, it shall be","presumed to have been the minimum","wage as established by national law. In","Member States where no minimum wage","is established, the agreed level of","remuneration shall be determined by","reference to the minimum income","entitling citizens of the Member State","concerned to social assistance in that","Member State or in line with applicable","collective agreements or practices in the","relevant sector;"],"old":["(a) any outstanding remuneration to the","illegally employed third-country national;"],"orig_lang":"en","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"87","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Stefano Zappal\u00e0, Roberta Angelilli","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-88","justification":" In most Member States, EU workers have to submit a specific claim to the competent\n authorities. It is therefore hard to see why a new system should be created for third-country\n nationals. A new and different system would make for unjustified differential treatment of\n third-country workers and EU workers. It seems unacceptable that an individual right should\n be the subject of an automatic mechanism. Use of a form drawn up in a language the worker\n can understand would permit them to exercise their rights unequivocally.","location":[["Proposal for a directive","Article 7 - paragraph 2 - introductory part and point a"]],"meps":[1941],"meta":{"created":"2020-01-20T00:12:29"},"new":["2. In order to apply paragraph 1(a),","Member States shall enact mechanisms to","ensure that illegally employed","third-country nationals:","a) can submit a claim, subject to a","prescription period set in accordance with","national law, for the payment of any","outstanding remuneration, and secure","implementation of a measure to that effect","against the employer;","b) are informed systematically and at the","earliest opportunity that they may submit","such a claim, prior to the execution of any","repatriation measure;","c) can exercise their rights through the","use of forms that can be understood by","the persons for whom it is intended."],"old":["2. In order to apply paragraph 1(a),","Member States shall:","a) enact mechanisms to ensure that the","necessary procedures to claim back","outstanding remuneration are triggered","automatically without the need for the","third-country national to introduce a","claim;",""],"orig_lang":"it","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"88","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Simon Busuttil","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-89","location":[[" Proposal for a directive","Article 7 - paragraph 2 - point b"]],"meps":[28120],"meta":{"created":"2020-01-20T00:12:29"},"new":["deleted"],"old":["(b) provide that a work relationship of at","least 6 months duration be presumed","unless the employer can prove differently."],"orig_lang":"en","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"89","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Ona Juknevi\u010dien\u00f7","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-90","location":[[" Proposal for a directive","Article 7 - paragraph 2 - point b"]],"meta":{"created":"2020-01-20T00:12:29"},"new":["(b) presume an existing work relationship","unless the employer or the illegally","employed third-country national can","prove differently."],"old":["(b) provide that a work relationship of at","","least 6 months duration be presumed","unless the employer can prove differently."],"orig_lang":"en","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"90","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Ioannis Varvitsiotis","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-91","justification":"A mechanism must be set up to enable employed third-country nationals to receive any back\npay.","location":[["Proposal for a directive","Article 7 - paragraph 3"]],"meps":[28547],"meta":{"created":"2020-01-20T00:12:29"},"new":["3. Member States shall take the necessary","measures to ensure that illegally employed","third-country nationals are able to receive","any back payment of remuneration","recovered under paragraph 1(a), including","in cases in which they have or have been","returned."],"old":["3. Member States shall take the necessary","measures to ensure that illegally employed","third-country nationals receive any back","payment of remuneration recovered under","paragraph 1(a), including in cases in which","they have or have been returned."],"orig_lang":"el","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"91","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Simon Busuttil","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-92","location":[["Proposal for a directive","Article 7 - paragraph 4"]],"meps":[28120],"meta":{"created":"2020-01-20T00:12:30"},"new":["deleted"],"old":["4. In respect of criminal offences covered","by Article 10(1)(c), Member States shall","take the necessary measures to ensure","that the execution of any return decision","is postponed until the third-country","national has received any back payment","of their remuneration recovered under","","","paragraph 1(a)."],"orig_lang":"en","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"92","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jeanine Hennis-Plasschaert","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-93","justification":"\n The financial entitlements should include all work-related entitlements.","location":[[" Proposal for a directive","Article 7 - paragraph 4"]],"meps":[28176],"meta":{"created":"2020-01-20T00:12:30"},"new":["4. In respect of criminal offences covered","by Article 10(1)(c), Member States shall","take the necessary measures to ensure that","the execution of any return decision is","postponed until the third-country national","has received any back payment of their","remuneration and other work-related","financial entitlements recovered under","paragraph 1(a)."],"old":["4. In respect of criminal offences covered","by Article 10(1)(c), Member States shall","take the necessary measures to ensure that","the execution of any return decision is","postponed until the third-country national","has received any back payment of their","remuneration recovered under paragraph","1(a)."],"orig_lang":"en","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"93","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Giusto Catania","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-94","location":[[" Proposal for a directive","Article 7 - paragraph 4 a (new)"]],"meps":[28979],"meta":{"created":"2020-01-20T00:12:30"},"new":["4a. Member States shall take steps to","encourage the integration into the labour","market of workers emerging from","irregular employment situations."],"orig_lang":"it","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"94","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Simon Busuttil","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-95","location":[["Proposal for a directive","Article 8 - introductory part"]],"meps":[28120],"meta":{"created":"2020-01-20T00:12:30"},"new":["8. Member States shall take the necessary","measures to ensure that an employer acting","in the course of business activities shall","also be subject to the following measures:"],"old":["8. Member States shall take the necessary","measures to ensure that an employer acting","in the course of business activities may","also, if appropriate, be subject to the","following measures:"],"orig_lang":"en","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"95","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jeanine Hennis-Plasschaert","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-96","justification":"\nThe gravity of the situation shall be leading in all cases.","location":[["Proposal for a directive","Article 8 - introductory part"]],"meps":[28176],"meta":{"created":"2020-01-20T00:12:30"},"new":["8. Member States shall take the necessary","measures to ensure that employers acting","in the course of business activities shall, if","justified by the gravity of the situation or","the percentage of illegally employed third-","country nationals, be subject to the","following measures:"],"old":["8. Member States shall take the necessary","measures to ensure that an employer acting","in the course of business activities may","also, if appropriate, be subject to the","following measures:"],"orig_lang":"en","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"96","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jeanine Hennis-Plasschaert","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-97","justification":"\n The wording of recital 11, article 8 points a and c should be in line.","location":[[" Proposal for a directive","Article 8 - point a"]],"meps":[28176],"meta":{"created":"2020-01-20T00:12:30"},"new":["(a) exclusion from entitlement to public","benefits, aid or subsidies, including EU","funding managed by Member States, for","up to five years;"],"old":["(a) exclusion from entitlement to public","benefits, aid or subsidies for up to five","years;"],"orig_lang":"en","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"97","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Hubert Pirker","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-98","justification":" In order to satisfy the proportionality principle, the measures to be imposed should be\n tailored to the actual duration of the work relationship or the presumption that the duration\n\nwas six months.","location":[[" Proposal for a directive","Article 8 - point c"]],"meps":[2307],"meta":{"created":"2020-01-20T00:12:30"},"new":["(c) recovery of public benefits, aid, or","subsidies, including EU funding managed","by Member States, granted to the employer","during the actual period of the work","relationship or, where the duration of","that period is unknown, the duration of","the relationship as presumed in","accordance with Article 7, paragraph","2(b);"],"old":["(c) recovery of public benefits, aid, or","subsidies, including EU funding managed","by Member States, granted to the employer","during the 12 months preceding the","detection of illegal employment;"],"orig_lang":"de","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"98","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Nicolae Vlad Popa","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-99","location":[["Proposal for a directive","Article 8 - point d"]],"meps":[34003],"meta":{"created":"2020-01-20T00:12:31"},"new":["deleted"],"old":["(d) temporary or permanent closure of the","establishments that have been used to","commit the infringement."],"orig_lang":"en","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"99","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Simon Busuttil","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-100","location":[["Proposal for a directive","Article 8 - point d"]],"meps":[28120],"meta":{"created":"2020-01-20T00:12:31"},"new":["(d) temporary or permanent withdrawal of","a licence to conduct the business activity","in question, if justified in particular by the","gravity of the situation or the number of","illegally staying third-country nationals","employed by the employer concerned."],"old":["(d) temporary or permanent closure of the","establishments that have been used to","commit the infringement."],"orig_lang":"en","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"100","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jeanine Hennis-Plasschaert","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-101","justification":"\n Withdrawal of a license should be a possibility as well.","location":[["Proposal for a directive","Article 8 - point d"]],"meps":[28176],"meta":{"created":"2020-01-20T00:12:31"},"new":["(d) temporary or permanent closure of the","establishments that have been used to","commit the infringement, or temporary or","permanent withdrawal of a licence to","conduct the business activity in question."],"old":["(d) temporary or permanent closure of the","establishments that have been used to","","commit the infringement."],"orig_lang":"en","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"101","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marian-Jean Marinescu","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-102","justification":" Both \"contractors\" and \"subcontractors\" are defined as \"employers\". 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Member States shall ensure that legal","entities, associations, non-governmental","organisations, local authorities and other","bodies such as trade unions, which have,","in accordance with the criteria laid down","in the relevant national law, a legitimate","interest in ensuring that the provisions of","this Directive are complied with, may","engage, either on behalf or in support of","an illegally employed third-country","national, in any judicial, administrative","and/or criminal proceedings provided for","with the objective of implementing this","Directive."],"orig_lang":"en","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"125","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Rare\u015f-Lucian Niculescu","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-126","justification":" In order for implementation of the directive to be effective, measures must be introduced to\n protect anyone denouncing illegal employment in order to shield them against any unfair\n\n\nmeasures taken as a consequence of that denunciation.","location":[[" Proposal for a directive","Article 14 - paragraph 2 a (new)"]],"meps":[39714],"meta":{"created":"2020-01-20T00:12:33"},"new":["(2a) Persons who denounce cases of","illegal employment must be afforded legal","protection against any unfair measures","taken as a consequence of that","denunciation."],"orig_lang":"ro","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"126","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Simon Busuttil","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-127","location":[["Proposal for a directive","Article 14 - paragraph 3"]],"meps":[28120],"meta":{"created":"2020-01-20T00:12:34"},"new":["deleted"],"old":["3. In respect of criminal offences","covered by Article 10(1)(c), Member","States shall under the conditions of","Articles 4 to 15 of Directive 2004/81/EC","grant residence permits of limited","duration, linked to the length of the","relevant national proceedings, to third-","country nationals who are or have been","subjected to exploitative working","conditions and cooperate in proceedings","against the employer."],"orig_lang":"en","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"127","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jean Lambert","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-128","location":[["Proposal for a directive","Article 14 - paragraph 3"]],"meps":[4531],"meta":{"created":"2020-01-20T00:12:34"},"new":["3. In respect of criminal offences covered","by Article 10(1)(c), Member States shall","under the conditions of Articles 4 to 15 of","Directive 2004/81/EC grant residence","permits of limited duration and access to","the legal work market to third-country","nationals who are or have been subjected to","exploitative working conditions and","cooperate in proceedings against the","employer."],"old":["3. In respect of criminal offences covered","by Article 10(1)(c), Member States shall","under the conditions of Articles 4 to 15 of","Directive 2004/81/EC grant residence","permits of limited duration, linked to the","length of the relevant national","proceedings, to third-country nationals","who are or have been subjected to","exploitative working conditions and","cooperate in proceedings against the","employer."],"orig_lang":"en","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"128","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Ioannis Varvitsiotis","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-129","justification":" This should be left to the discretion of the Member States in order to avoid any irregularities.","location":[[" Proposal for a directive","Article 14 - paragraph 3"]],"meps":[28547],"meta":{"created":"2020-01-20T00:12:34"},"new":["3. In respect of criminal offences covered","by Article 10(1)(c), Member States shall","under the conditions of Articles 4 to 15 of","Directive 2004/81/EC be able to grant","residence permits of limited duration,","linked to the length of the relevant national","proceedings, to third-country nationals who","are or have been subjected to exploitative","working conditions and cooperate in","proceedings against the employer."],"old":["3. In respect of criminal offences covered","by Article 10(1)(c), Member States shall","under the conditions of Articles 4 to 15 of","Directive 2004/81/EC grant residence","permits of limited duration, linked to the","length of the relevant national proceedings,","to third-country nationals who are or have","been subjected to exploitative working","conditions and cooperate in proceedings","against the employer."],"orig_lang":"el","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"129","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Rare\u015f-Lucian Niculescu","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-130","justification":"See Amendment 2.","location":[[" Proposal for a directive","Article 14 - paragraph 3"]],"meps":[39714],"meta":{"created":"2020-01-20T00:12:34"},"new":["(3) In respect of criminal offences covered","by Article 10(1)(c), Member States shall,","under the conditions of Articles 4 to 15 of","Directive 2004/81/EC, grant residence","permits of limited duration, linked to the","length of the relevant national proceedings,","to third-country nationals who are or have","been subjected to exploitative working","conditions and cooperate in proceedings","against the employer, as well as to their","family members."],"old":["(3) In respect of criminal offences covered","by Article 10(1)(c), Member States shall","under the conditions of Articles 4 to 15 of","Directive 2004/81/EC grant residence","permits of limited duration, linked to the","length of the relevant national proceedings,","to third-country nationals who are or have","","been subjected to exploitative working","conditions and cooperate in proceedings","against the employer."],"orig_lang":"fr","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"130","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Giusto Catania","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-131","location":[["Proposal for a directive","Article 14 - paragraph 3 a (new)"]],"meps":[28979],"meta":{"created":"2020-01-20T00:12:34"},"new":["3a. In respect of the prohibition laid down","in Article 3, Member States shall, under","the conditions of Articles 4 to 15 of","Directive 2004/81/EC, grant residence","permits of a minimum duration of six","months to third-country nationals","applying for these, in order to facilitate","the search for work, education and/or","professional training."],"orig_lang":"it","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"131","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Giusto Catania","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-132","location":[[" Proposal for a directive","Article 14 a (new)"]],"meps":[28979],"meta":{"created":"2020-01-20T00:12:34"},"new":["Article 14a","Designated third parties","1. Member States shall ensure that legal","entities, associations, non-governmental","organisations, local authorities and","organisations such as trade unions,","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 or in","support of a third-country national in","illegal employment in any judicial,","administrative and/ or criminal procedure","provided for the enforcement of","obligations under this Directive.","2. For the purpose of application of this","Directive, Member States shall not impose","sanctions against designated parties","providing assistance to third-country","national, on the grounds of facilitation of","unauthorised residence."],"old":[""],"orig_lang":"en","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"132","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Simon Busuttil","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-133","location":[[" Proposal for a directive","Article 15 - paragraph 1"]],"meps":[28120],"meta":{"created":"2020-01-20T00:12:34"},"new":["1. Member States shall ensure that","companies established on their territory are","subject to regular, effective and adequate","inspections to control employment of","illegally staying third-country nationals.","Such inspections may be carried out","within the framework of other inspection","activities such as the monitoring of","compliance with health and safety","provisions in the workplace."],"old":["1. Member States shall ensure that at least","10% of companies established on their","territory per year are subject to inspections","to control employment of illegally staying","","third-country nationals."],"orig_lang":"en","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"133","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Nicolae Vlad Popa","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-134","location":[["Proposal for a directive","Article 15 - paragraph 1"]],"meps":[34003],"meta":{"created":"2020-01-20T00:12:34"},"new":["1. Member States shall ensure that at least","4 % and no more than 10% of companies","established on their territory per year are","subject to inspections to control","employment of illegally staying third-","country nationals."],"old":["1. Member States shall ensure that at least","10% of companies established on their","territory per year are subject to inspections","to control employment of illegally staying","third-country nationals."],"orig_lang":"en","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"134","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Rare\u015f-Lucian Niculescu","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-135","justification":" Inspecting 10% of employers is an ambitious, but unrealistic, objective. A figure of 3% is\n closer to the actual potentials of the competent authorities.","location":[["Proposal for a directive","Article 15 - paragraph 1"]],"meps":[39714],"meta":{"created":"2020-01-20T00:12:34"},"new":["1. Member States shall ensure that at least","3% of companies established on their","territory per year are subject to inspections","to control employment of illegally staying","third-country nationals."],"old":["1. Member States shall ensure that at least","10% of companies established on their","territory per year are subject to inspections","to control employment of illegally staying","third-country nationals."],"orig_lang":"ro","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"135","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Nicolae Vlad Popa","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-136","location":[[" Proposal for a directive","Article 15 - paragraph 2"]],"meps":[34003],"meta":{"created":"2020-01-20T00:12:34"},"new":["2. The selection of companies to be","inspected shall be based on a random","selection software and then 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."],"old":["2. 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."],"orig_lang":"en","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"136","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Ioannis Varvitsiotis","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-137","location":[[" Proposal for a directive","Article 15 - paragraph 2"]],"meps":[28547],"meta":{"created":"2020-01-20T00:12:34"},"new":["2. 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 data relating to previous or pending","infringements. All these factors shall be","reviewed on a regular basis."],"old":["2. 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."],"orig_lang":"el","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"137","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jean Lambert","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-138","location":[["Proposal for a directive","Article 15 - paragraph 2 a (new)"]],"meps":[4531],"meta":{"created":"2020-01-20T00:12:35"},"new":["2a. Member States shall ensure that the","inspections referred to in paragraphs 1","and 2 are without prejudice to","employment inspections carried out only","to assess working conditions, with","particular regard to an assessment of","safety and health conditions, regardless of","the status of the worker. A clear","distinction shall be made between the","inspections referred to in this paragraph","and inspections relating to immigration."],"orig_lang":"en","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"138","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Giusto Catania","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-139","location":[["Proposal for a directive","Article 15 a (new)"]],"meps":[28979],"meta":{"created":"2020-01-20T00:12:35"},"new":["Article 15a","Non-regression","Nothing in this Directive shall constitute","grounds for a reduction in the level of","protection of vulnerable third-country","nationals already afforded by Member","States in the fields covered by this","Directive."],"orig_lang":"en","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"139","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jean Lambert","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-140","location":[[" Proposal for a directive","Article 16 - paragraph 1"]],"meps":[4531],"meta":{"created":"2020-01-20T00:12:35"},"new":["By [Three years after the date referred to","in Article 17] at the latest, and every three","years thereafter, Member States shall","transmit information to the Commission on","the implementation of this Directive in the","form of a report which shall include the","numbers and results of inspections carried","out pursuant to Article 15 and details of","measures applied under Articles 7, 8 and","14. Member States shall also transmit, by","the same deadline, studies on the impact","of the measures taken to combat","undeclared work."],"old":["By [Three years after the date referred to","in Article 17] at the latest, and every three","years thereafter, Member States shall","transmit information to the Commission on","the implementation of this Directive in the","form of a report which shall include the","numbers and results of inspections carried","out pursuant to Article 15 and details of","measures applied under Article 8."],"orig_lang":"fr","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"140","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jean Lambert","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-141","location":[[" Proposal for a directive","Article 16 - paragraph 1 a (new)"]],"meps":[4531],"meta":{"created":"2020-01-20T00:12:35"},"new":["Member States shall, at the time of the","first report, also present an assessment of","any effects that the implementation of this","Directive has had on the employment of","legally staying third-country nationals as","well as citizens and residents of ethnic","minority descent."],"orig_lang":"en","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"141","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Rare\u015f-Lucian Niculescu","changes":{},"committee":["LIBE"],"date":"2008-10-01T00:00:00","id":"PE413.940-142","justification":"Since Romania and Bulgaria are not yet destination countries for economic migrants, the\nillegal employment of third-country nationals is not a widespread phenomenon there.\nImplementation of Article 15(1) of the Directive would lead to a substantial increase in the\nfinancial effort and human resources involved, which in current conditions would be\ndisproportionate and over-burdensome.","location":[["Proposal for a directive","Article 17 - paragraph 1 a (new)"]],"meps":[39714],"meta":{"created":"2020-01-20T00:12:35"},"new":["(1a) In the case of the Republic of","Bulgaria and Romania, Article 15(1) shall","take effect 48 months from the date of","publication of this Directive in the","Official Journal of the European Union."],"orig_lang":"ro","peid":"PE413.940v01-00","reference":"2007/0094(COD)","seq":"142","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-413.940+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Vincenzo Aita","changes":{},"committee":["AGRI"],"date":"2008-06-02T00:00:00","id":"PE404.534-9","location":[["Proposal for a directive","Recital 4"]],"meps":[36583],"meta":{"created":"2020-01-20T00:18:12"},"new":["(4) The provisions should not cover third-","country nationals who are not illegally","staying. This excludes third-country","nationals who are family members of","citizens of the Union exercising their right","to free movement within the Community,","and those who, under agreements between","the Community and its Member States, on","the one hand, and the countries of which","they are nationals, on the other, enjoy","rights of free movement equivalent to those","of citizens of the Union. It also excludes","third-country nationals who are in a","situation covered by Community law, such","as those who are lawfully employed in","another Member State and who are posted","by a service provider to another Member","State in the context of the provision of","services, or have been granted asylum or","have refugee status."],"old":["(4) The provisions should not cover third-","country nationals who are not illegally","staying. This excludes third-country","nationals who are family members of","citizens of the Union exercising their right","to free movement within the Community,","and those who, under agreements between","the Community and its Member States, on","the one hand, and the countries of which","they are nationals, on the other, enjoy","rights of free movement equivalent to those","of citizens of the Union. It also excludes","third-country nationals who are in a","situation covered by Community law, such","as those who are lawfully employed in","another Member State and who are posted","by a service provider to another Member","State in the context of the provision of","services."],"orig_lang":"it","peid":"PE404.534v01-00","reference":"2007/0094(COD)","seq":"9","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-404.534+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Vincenzo Aita","changes":{},"committee":["AGRI"],"date":"2008-06-02T00:00:00","id":"PE404.534-10","location":[[" Proposal for a directive","Recital 8"]],"meps":[36583],"meta":{"created":"2020-01-20T00:18:12"},"new":["(8) The employer should in any case be","required to pay to the third-country","nationals any outstanding remuneration","and other work-related financial","entitlements for the work they have","undertaken and any outstanding taxes and","social security contributions."],"old":["(8) The employer should in any case be","required to pay to the third-country","nationals any outstanding remuneration for","the work they have undertaken and any","outstanding taxes and social security","contributions."],"orig_lang":"en","peid":"PE404.534v01-00","reference":"2007/0094(COD)","seq":"10","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-404.534+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Vincenzo Aita","changes":{},"committee":["AGRI"],"date":"2008-06-02T00:00:00","id":"PE404.534-11","location":[[" Proposal for a directive","Recital 8 a (new)"]],"meps":[36583],"meta":{"created":"2020-01-20T00:18:12"},"new":["(8a) In order to ensure the effectiveness of","this Directive, any undue profit generated","by the illegal employment of third-country","nationals should be returned. Outstanding","remuneration and other work-related","financial entitlements to be paid back","should therefore be equal to those which","would have been enjoyed by comparable","workers in a declared employment","relationship."],"orig_lang":"en","peid":"PE404.534v01-00","reference":"2007/0094(COD)","seq":"11","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-404.534+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Vincenzo Aita","changes":{},"committee":["AGRI"],"date":"2008-06-02T00:00:00","id":"PE404.534-12","location":[["Proposal for a directive","Recital 9"]],"meps":[36583],"meta":{"created":"2020-01-20T00:18:13"},"new":["(9) Member States should ensure that","claims are lodged and mechanisms created","to guarantee that recovered amounts of","outstanding remuneration and other work-","related financial entitlements are received","by the third-country nationals to whom","they are due."],"old":["(9) Member States should ensure that","claims are lodged and mechanisms created","to guarantee that recovered amounts of","outstanding remuneration are received by","the third-country nationals to whom they","are due."],"orig_lang":"en","peid":"PE404.534v01-00","reference":"2007/0094(COD)","seq":"12","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-404.534+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Mar\u00eda Isabel Salinas Garc\u00eda","changes":{},"committee":["AGRI"],"date":"2008-06-02T00:00:00","id":"PE404.534-13","justification":"The principle of proportionality suggests that this exception should apply in those cases, such\nas agriculture, where contracts tend to be very short-term, lasting only a few weeks or\nmonths.","location":[["Proposal for a directive","Recital 10"]],"meps":[28361],"meta":{"created":"2020-01-20T00:18:13"},"new":["(10) Member States should further provide","for a presumption of a work relationship of","at least six months duration so that the","burden of proof is put on the employer in","respect of at least a certain period. This","presumption should, however, be reduced","proportionately in the case of the","contracting practices of certain sectors","such as agriculture where the duration of","contracts is by definition very brief."],"old":["(10) Member States should further provide","for a presumption of a work relationship of","at least six months duration so that the","burden of proof is put on the employer in","respect of at least a certain period."],"orig_lang":"es","peid":"PE404.534v01-00","reference":"2007/0094(COD)","seq":"13","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-404.534+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Mar\u00eda Isabel Salinas Garc\u00eda","changes":{},"committee":["AGRI"],"date":"2008-06-02T00:00:00","id":"PE404.534-14","justification":" This would be a useful means of achieving a high degree of coherence between policy on\n granting agricultural aids and policy on migration within the EU.","location":[[" Proposal for a directive","Recital 11"]],"meps":[28361],"meta":{"created":"2020-01-20T00:18:14"},"new":["(11) Member States should provide for the","possibility of further sanctions against","business employers, including exclusions","from entitlement to public benefits, aids or","subsidies, including agricultural subsidies,","with legal employment of third-country","labour being a conditionality criterion for","the granting of CAP aids; 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The criminal offence should","be without prejudice to application of the","Framework Decision 2002/629/JHA of 19","July 2002 on combating trafficking in","human beings."],"orig_lang":"it","peid":"PE404.534v01-00","reference":"2007/0094(COD)","seq":"18","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-404.534+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Mar\u00eda Isabel Salinas Garc\u00eda","changes":{},"committee":["AGRI"],"date":"2008-06-02T00:00:00","id":"PE404.534-19","justification":"This would apply to farmers' organisations, which, thanks to their permanent contacts with all\ninterested parties, could have a major role to play in conflict resolution.","location":[["Proposal for a directive","Recital 18"]],"meps":[28361],"meta":{"created":"2020-01-20T00:18:15"},"new":["(18) To facilitate enforcement, there should","be effective complaint mechanisms by","which relevant third-country nationals can","lodge complaints directly or through","designated third parties such as trade","unions or other associations. 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In order to apply paragraph 1(a),","Member States shall:"],"orig_lang":"en","peid":"PE404.534v01-00","reference":"2007/0094(COD)","seq":"29","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-404.534+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Vincenzo Aita","changes":{},"committee":["AGRI"],"date":"2008-06-02T00:00:00","id":"PE404.534-30","location":[["Proposal for a directive","Article 7 \u2013 paragraph 2 \u2013 point a"]],"meps":[36583],"meta":{"created":"2020-01-20T00:18:18"},"new":["(a) enact mechanisms to ensure that the","necessary procedures to claim back","outstanding remuneration and other work-","related financial entitlements are triggered","automatically without the need for the","third-country national to introduce a claim;"],"old":["(a) enact mechanisms to ensure that the","necessary procedures to claim back","outstanding remuneration are triggered","automatically without the need for the","third-country national to introduce a claim;"],"orig_lang":"en","peid":"PE404.534v01-00","reference":"2007/0094(COD)","seq":"30","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-404.534+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Mar\u00eda Isabel Salinas Garc\u00eda","changes":{},"committee":["AGRI"],"date":"2008-06-02T00:00:00","id":"PE404.534-31","justification":" The principle of proportionality suggests that this exception should apply in those cases, such\n as agriculture, where contracts tend to be very short-term, lasting only a few weeks or\n months.","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 2 \u2013 point b"]],"meps":[28361],"meta":{"created":"2020-01-20T00:18:19"},"new":["(b) provide that a work relationship of at","least 6 months duration be presumed unless","the employer can prove differently. 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Where the employer is a subcontractor,","Member States shall ensure that the main","contractor and any intermediate","subcontractor are, to the extent that they","are aware of or encourage such practices,","liable to pay:"],"old":["1. Where the employer is a subcontractor,","Member States shall ensure that the main","contractor and any intermediate","subcontractor are liable to pay:"],"orig_lang":"es","peid":"PE404.534v01-00","reference":"2007/0094(COD)","seq":"37","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-404.534+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Vincenzo Aita","changes":{},"committee":["AGRI"],"date":"2008-06-02T00:00:00","id":"PE404.534-38","location":[["Proposal for a directive","Article 10 \u2013 paragraph 1"]],"meps":[36583],"meta":{"created":"2020-01-20T00:18:21"},"new":["1. Each Member State shall ensure that the","infringement referred to in Article 3","constitutes a criminal offence in the","following circumstances':"],"old":["1. Each Member State shall ensure that the","infringement referred to in Article 3","constitutes a criminal offence when","committed intentionally, in the following","circumstances:"],"orig_lang":"en","peid":"PE404.534v01-00","reference":"2007/0094(COD)","seq":"38","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-404.534+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Mar\u00eda Isabel Salinas Garc\u00eda","changes":{},"committee":["AGRI"],"date":"2008-06-02T00:00:00","id":"PE404.534-39","justification":" This would apply to farmers' organisations, which, thanks to their permanent contacts with all\n interested parties, could have a major role to play in conflict resolution.","location":[[" Proposal for a directive","Article 14 \u2013 paragraph 2"]],"meps":[28361],"meta":{"created":"2020-01-20T00:18:21"},"new":["2. Member States shall not impose","sanctions against designated third parties","providing assistance to the third-country","national to lodge complaints, on the","grounds of facilitation of unauthorised","residence, this being especially so in the","case of the representative organisations of","particular sectors."],"old":["2. Member States shall not impose","sanctions against designated third parties","providing assistance to the third-country","national to lodge complaints, on the","grounds of facilitation of unauthorised","residence."],"orig_lang":"es","peid":"PE404.534v01-00","reference":"2007/0094(COD)","seq":"39","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-404.534+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Vincenzo Aita","changes":{},"committee":["AGRI"],"date":"2008-06-02T00:00:00","id":"PE404.534-40","location":[[" Proposal for a directive","Article 14 a (new)"]],"meps":[36583],"meta":{"created":"2020-01-20T00:18:21"},"new":["Article 14a","Designated third parties","1. Member States shall ensure that legal","entities, associations, NGOs, local","authorities and organisations such as","trades unions, which have, in accordance","with the criteria laid down by their","national laws, a legitimate interest in","ensuring that the provisions of this","Directive are complied with, may engage,","either on behalf or in support of a third-","country national in illegal employment in","any judicial, administrative and/or","criminal procedure provided for the","enforcement of obligations under this","Directive.","2. Member States shall allow a designated","third party who lodges a complaint","against an employer on behalf of a third-","country national in illegal employment","not to disclose the identity and place of","residence of the complainant.","3. For the purpose of application of this","Directive, Member States shall not impose","sanctions against designated third parties","providing assistance to the third country","national, on the grounds of facilitation of","unauthorised residence."],"old":[""],"orig_lang":"en","peid":"PE404.534v01-00","reference":"2007/0094(COD)","seq":"40","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-404.534+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Esther De Lange","changes":{},"committee":["AGRI"],"date":"2008-06-02T00:00:00","id":"PE404.534-41","location":[["Proposal for a directive","Article 15 \u2013 paragraph 2"]],"meps":[38398],"meta":{"created":"2020-01-20T00:18:22"},"new":["2. Where the selection of companies to be","inspected is based on a risk assessment","(deletion)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, the Member States","may be authorised to deviate from the","requirement in Article 15(1) once they","have informed the Commission of this."],"old":["2. 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."],"orig_lang":"nl","peid":"PE404.534v01-00","reference":"2007/0094(COD)","seq":"41","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-404.534+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Vincenzo Aita","changes":{},"committee":["AGRI"],"date":"2008-06-02T00:00:00","id":"PE404.534-42","location":[[" Proposal for a directive","Article 15 \u2013 paragraph 2 a (new)"]],"meps":[36583],"meta":{"created":"2020-01-20T00:18:22"},"new":["2a. Member States shall ensure that","inspections referred to in paragraphs 1","and 2 are without prejudice to labour","inspections carried out solely for the","purpose of assessing work conditions, and","which have particular regard to","evaluating security and health conditions,","regardless of the status of the worker."],"orig_lang":"en","peid":"PE404.534v01-00","reference":"2007/0094(COD)","seq":"42","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-404.534+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Vincenzo Aita","changes":{},"committee":["AGRI"],"date":"2008-06-02T00:00:00","id":"PE404.534-43","location":[[" Proposal for a directive","Article 15 a (new)"]],"meps":[36583],"meta":{"created":"2020-01-20T00:18:22"},"new":["Article 15a","Relation to national measures","This Directive is without prejudice to","national measures promoting the","transformation of undeclared work into","declared employment and the","regularisation of undocumented workers."],"orig_lang":"en","peid":"PE404.534v01-00","reference":"2007/0094(COD)","seq":"43","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-404.534+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Vincenzo Aita","changes":{},"committee":["AGRI"],"date":"2008-06-02T00:00:00","id":"PE404.534-44","location":[["Proposal for a directive","Article 15 b (new)"]],"meps":[36583],"meta":{"created":"2020-01-20T00:18:23"},"new":["Article 15b","Non regression","Nothing in this Directive shall constitute","grounds for a reduction in the level of","protection of vulnerable third country","nationals already afforded by Member","States in the fields covered by this","Directive."],"orig_lang":"en","peid":"PE404.534v01-00","reference":"2007/0094(COD)","seq":"44","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-404.534+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Esther De Lange","changes":{},"committee":["AGRI"],"date":"2008-06-02T00:00:00","id":"PE404.534-45","location":[["Proposal for a directive","Article 16 \u2013 first indent"]],"meps":[38398],"meta":{"created":"2020-01-20T00:18:23"},"new":["By [Three years after the date referred to","in Article 17] at the latest, and every three","years thereafter, Member States shall","transmit information to the Commission on","the implementation of this Directive in the","form of a report which shall include the","numbers and results of inspections carried","out pursuant to Article 15 and details of","measures applied under Article 8 or","Article 13."],"old":["By [Three years after the date referred to","in Article 17] at the latest, and every three","years thereafter, Member States shall","transmit information to the Commission on","the implementation of this Directive in the","form of a report which shall include the","numbers and results of inspections carried","out pursuant to Article 15 and details of","measures applied under Article 8."],"orig_lang":"nl","peid":"PE404.534v01-00","reference":"2007/0094(COD)","seq":"45","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-404.534+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Donata Gottardi","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-42","justification":"The conditions for the exclusion of posted workers and the application of the rules introduced\nto implement the directive on the posting of workers should be set out in detail.","location":[["Proposal for a directive","Recital 4"]],"meps":[36395],"meta":{"created":"2020-01-20T00:18:45"},"new":["(4) The provisions should not cover third-","country nationals who are not illegally","staying. This excludes third-country","nationals who are family members of","citizens of the Union exercising their right","to free movement within the Community,","and those who, under agreements between","the Community and its Member States, on","the one hand, and the countries of which","they are nationals, on the other, enjoy","rights of free movement equivalent to those","of citizens of the Union. It also excludes","third-country nationals who are in a","situation covered by Community law, such","as those who are lawfully employed in","another Member State and who are posted","by a service provider to another Member","State in the context of the provision of","services, to whom the treatment","prescribed by legislation, collective","agreements and national practice in the","host country applies, in accordance with","the provisions of Directive 96/71/EC of","the European Parliament and of the","Council of 16 December 1996 concerning","the posting of workers in the framework","of the provision of services."],"old":["(4) The provisions should not cover third-","country nationals who are not illegally","staying. This excludes third-country","nationals who are family members of","citizens of the Union exercising their right","to free movement within the Community,","and those who, under agreements between","the Community and its Member States, on","the one hand, and the countries of which","they are nationals, on the other, enjoy","rights of free movement equivalent to those","of citizens of the Union. It also excludes","third-country nationals who are in a","situation covered by Community law, such","as those who are lawfully employed in","another Member State and who are posted","by a service provider to another Member","State in the context of the provision of","services."],"orig_lang":"it","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"42","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Karin J\u00f6ns","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-43","justification":" The Directive should also be applied to posted workers.","location":[[" Proposal for a directive","Recital 4"]],"meps":[1904],"meta":{"created":"2020-01-20T00:18:45"},"new":["(4) The provisions should not cover third-","country nationals who are not illegally","staying. This excludes third-country","nationals who are family members of","citizens of the Union exercising their right","to free movement within the Community,","and those who, under agreements between","the Community and its Member States, on","the one hand, and the countries of which","they are nationals, on the other, enjoy","rights of free movement equivalent to those","of citizens of the Union. It also excludes","third-country nationals who are in a","situation covered by Community law, such","as those who are lawfully employed in","another Member State."],"old":["(4) The provisions should not cover third-","country nationals who are not illegally","staying. This excludes third-country","nationals who are family members of","citizens of the Union exercising their right","to free movement within the Community,","and those who, under agreements between","the Community and its Member States, on","the one hand, and the countries of which","they are nationals, on the other, enjoy","rights of free movement equivalent to those","of citizens of the Union. It also excludes","third-country nationals who are in a","situation covered by Community law, such","as those who are lawfully employed in","another Member State and who are posted","by a service provider to another Member","State in the context of the provision of","services."],"orig_lang":"de","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"43","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Roberto Musacchio","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-44","location":[[" Proposal for a directive","Recital 4"]],"meps":[28977],"meta":{"created":"2020-01-20T00:18:46"},"new":["(4) The provisions should not cover third-","country nationals who are not illegally","staying. This excludes third-country","nationals who are family members of","citizens of the Union exercising their right","to free movement within the Community,","and those who, under agreements between","the Community and its Member States, on","the one hand, and the countries of which","they are nationals, on the other, enjoy","rights of free movement equivalent to those","of citizens of the Union. It also excludes","third-country nationals who are in a","situation covered by Community law, such","as those who are lawfully employed in","another Member State and who are posted","by a service provider to another Member","State in the context of the provision of","services or those who are beneficiaries of","asylum measures or have refugee status."],"old":["(4) The provisions should not cover third-","country nationals who are not illegally","staying. This excludes third-country","nationals who are family members of","","citizens of the Union exercising their right","to free movement within the Community,","and those who, under agreements between","the Community and its Member States, on","the one hand, and the countries of which","they are nationals, on the other, enjoy","rights of free movement equivalent to those","of citizens of the Union. It also excludes","third-country nationals who are in a","situation covered by Community law, such","as those who are lawfully employed in","another Member State and who are posted","by a service provider to another Member","State in the context of the provision of","services."],"orig_lang":"it","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"44","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Donata Gottardi","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-45","justification":" The provision concerning the validity of residence permits is necessary so as not to exclude\n the possibility of employees from third countries obtaining open-ended contracts. It is also\n important to provide for a simplified system of employers' obligations in specified and limited\n circumstances.","location":[["Proposal for a directive","Recital 5"]],"meps":[36395],"meta":{"created":"2020-01-20T00:18:47"},"new":["(5) To prevent the employment of illegally","staying third-country nationals, employers","should be required before recruiting a","third-country national, including in cases","where the third country national is being","recruited for the purpose of posting to","another Member State in the context of the","provision of services, to check that they","have a residence permit or another","authorisation which is valid at the start of","their employment and can be renewed","thereafter. The burden on employers","should be limited to checking that the","document is not manifestly incorrect, such","as bearing a manifestly wrong photograph.","To enable Member States in particular to","check for forged documents, businesses","and legal persons should also be required","to notify the competent authorities of the","employment of a third-country national.","Member States may provide for a","simplified system of employers'","obligations in the case of private citizens","employing third-country nationals as","domestic help."],"old":["(5) To prevent the employment of illegally","staying third-country nationals, employers","should be required before recruiting a","third-country national, including in cases","where the third country national is being","recruited for the purpose of posting to","another Member State in the context of the","provision of services, to check that they","have a residence permit or another","authorisation for stay valid for the period","of employment. The burden on employers","should be limited to checking that the","document is not manifestly incorrect, such","as bearing a manifestly wrong photograph.","To enable Member States in particular to","check for forged documents, businesses","and legal persons should also be required","to notify the competent authorities of the","employment of a third-country national.",""],"orig_lang":"it","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"45","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Donata Gottardi","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-46","justification":" The financial penalties imposed should differentiate between firms and not-for-profit\n organisations, NGOs or private citizens employing third country nationals as domestic staff.","location":[[" Proposal for a directive","Recital 7"]],"meps":[36395],"meta":{"created":"2020-01-20T00:18:47"},"new":["(7) To enforce the general prohibition and","to deter infringements, Member States","should provide for appropriate sanctions.","These should include financial penalties","and contributions to the costs of returning","illegally staying third-country nationals,","but provision should also be made for the","possibility of imposing more moderate","financial penalties in specified and limited","cases where the workers concerned are","employed as domestic help or by not-for-","profit organisations or non-governmental","organisations."],"old":["(7) To enforce the general prohibition and","to deter infringements, Member States","should provide for appropriate sanctions.","These should include financial penalties","and contributions to the costs of returning","illegally staying third-country nationals."],"orig_lang":"it","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"46","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Edit Bauer","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-47","location":[["Proposal for a directive","Recital 8"]],"meps":[23866],"meta":{"created":"2020-01-20T00:18:48"},"new":["(8) The employer should in any case be","required to pay to the third-country","nationals any outstanding remuneration for","the work they have undertaken. In order to","secure the effectiveness of this Directive,","the employer should return any undue","profit generated by the illegal employment","of third-country nationals to the","employees concerned. If the outstanding","remuneration cannot be established, it","should be based, by default, on the","minimum wage, as defined by the law, or,","if no such minimum law is defined, on the","presumed level of remuneration to be the","minimum income under which citizens of","the Member State concerned are entitled","to social assistance in that Member State","or on collective agreements or practices in","the relevant branch of occupation in the","Member State in which the employer is","established. The employer should also be","required to pay, where appropriate, any","cost resulting from sending the","outstanding remuneration to the country","to which the third-country national has","returned, has been returned or has been","deported."],"old":["(8) The employer should in any case be","required to pay to the third-country","nationals any outstanding remuneration for","the work they have undertaken and any","outstanding taxes and social security","contributions."],"orig_lang":"en","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"47","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Donata Gottardi","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-48","justification":" It would be helpful to clarify the concepts of remuneration and comparable remuneration\n when establishing the employer\u2019s obligation to pay employees any back pay due to them.","location":[[" Proposal for a directive","Recital 8"]],"meps":[36395],"meta":{"created":"2020-01-20T00:18:48"},"new":["(8) The employer should in any case be","required to pay to the third-country","nationals any outstanding remuneration,","ensuring that they receive the prescribed","pay and treatment, including any","associated allowances, for the work they","have undertaken or that they are treated in","the same way as comparable workers in","ordinary employment relationships."],"old":["(8) The employer should in any case be","required to pay to the third-country","nationals any outstanding remuneration for","the work they have undertaken and any","outstanding taxes and social security","contributions."],"orig_lang":"it","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"48","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Karin J\u00f6ns","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-49","justification":"Employers should not gain any financial advantage from employing illegally staying third-\ncountry nationals.","location":[[" Proposal for a directive","Recital 8"]],"meps":[1904],"meta":{"created":"2020-01-20T00:18:49"},"new":["(8) The employer should in any case be","required to pay to the third-country","nationals any outstanding remuneration for","the work they have undertaken and any","other work-related benefits as well as","outstanding taxes and social security","contributions."],"old":["(8) The employer should in any case be","required to pay to the third-country","nationals any outstanding remuneration for","the work they have undertaken and any","outstanding taxes and social security","contributions."],"orig_lang":"de","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"49","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jean Lambert","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-50","location":[["Proposal for a directive","Recital 8"]],"meps":[4531],"meta":{"created":"2020-01-20T00:18:50"},"new":["(8) The employer should in any case be","required to pay to the third-country","nationals any outstanding remuneration","and other work-related financial","entitlements for the work they have","undertaken and any outstanding taxes and","social security contributions."],"old":["(8) The employer should in any case be","required to pay to the third-country","nationals any outstanding remuneration for","the work they have undertaken and any","outstanding taxes and social security","contributions."],"orig_lang":"en","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"50","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Roberto Musacchio","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-51","location":[["Proposal for a directive","Recital 8"]],"meps":[28977],"meta":{"created":"2020-01-20T00:18:50"},"new":["(8) The employer should in any case be","required to pay to the third-country","nationals any outstanding remuneration","and other work-related financial","entitlements for the work they have","undertaken and any outstanding taxes and","social security contributions."],"old":["(8) The employer should in any case be","required to pay to the third-country","nationals any outstanding remuneration for","the work they have undertaken and any","outstanding taxes and social security","contributions."],"orig_lang":"en","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"51","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Roberto Musacchio","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-52","location":[[" Proposal for a directive","Recital 8 a (new)"]],"meps":[28977],"meta":{"created":"2020-01-20T00:18:51"},"new":["(8a) In order to secure the effectiveness of","this Directive, employers should return","any undue profit generated by the illegal","employment of third-country nationals to","the employees concerned. Outstanding","remuneration and other work-related","financial entitlements to be reimbursed","should therefore be equal to those that","would have been enjoyed by comparable","workers in a declared employment","relationship."],"orig_lang":"en","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"52","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jean Lambert","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-53","location":[[" Proposal for a directive","Recital 8 a (new)"]],"meps":[4531],"meta":{"created":"2020-01-20T00:18:51"},"new":["(8a) In order to secure the effectiveness of","this Directive, employers should return","any undue profit generated by the illegal","employment of third-country nationals to","the employees concerned. Outstanding","remuneration and other work-related","financial entitlements to be reimbursed","should therefore be equal to those that","would have been enjoyed by comparable","workers in a declared employment","relationship."],"orig_lang":"en","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"53","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Donata Gottardi","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-54","justification":"When determining the amount of outstanding remuneration due to workers, reference should\nbe had in the first instance to \u2018comparable remuneration\u2019 and, where that cannot be\nestablished, to the minimum wage set in the various Member States.","location":[["Proposal for a directive","Recital 9"]],"meps":[36395],"meta":{"created":"2020-01-20T00:18:51"},"new":["(9) Member States should ensure that","mechanisms are created to guarantee that","recovered amounts of outstanding","remuneration are received by the third-","country nationals to whom they are due. In","cases where the outstanding","remuneration or comparable","remuneration cannot be determined, the","amount payable should be calculated by","reference to the minimum wage laid down","by national law unless the employer or the","employee can prove that it should not","apply. In those Member States in which","no minimum wage is set, the amount of","remuneration agreed should be calculated","by reference to the minimum income","which entitles citizens of the Member","State concerned to receive social","assistance in that Member State or in","accordance with collective agreements or","customary practice in the sector","concerned."],"old":["(9) Member States should ensure that","claims are lodged and mechanisms created","to guarantee that recovered amounts of","outstanding remuneration are received by","the third-country nationals to whom they","are due."],"orig_lang":"it","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"54","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Roberto Musacchio","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-55","location":[[" Proposal for a directive","Recital 9"]],"meps":[28977],"meta":{"created":"2020-01-20T00:18:52"},"new":["(9) Member States should ensure that","claims are lodged and mechanisms created","to guarantee that recovered amounts of","outstanding remuneration and other work-","related financial entitlements are received","by the third-country nationals to whom","they are due."],"old":["(9) Member States should ensure that","claims are lodged and mechanisms created","to guarantee that recovered amounts of","outstanding remuneration are received by","the third-country nationals to whom they","are due."],"orig_lang":"en","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"55","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Edit Bauer","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-56","justification":"Any undue profit generated by the illegal employment must be returned. Remuneration should\ntherefore be understood in the widest sense and account should be taken of the fact that the\nnormally applicable rate may be higher than minimum wage or minimum income. The\nconcept of comparable worker must be used.","location":[[" Proposal for a directive","Recital 10"]],"meps":[23866],"meta":{"created":"2020-01-20T00:18:52"},"new":["(10) Member States should further provide","for a presumption of an employment","relationship of at least six months duration","so that the burden of proof is put on the","employer in respect of at least a certain","period. For the purpose of calculating","outstanding remuneration and other","work-related financial entitlements, the","employment relationship shall be","presumed to have taken place in","accordance with the law, regulation,","administrative provisions and/or any","collective agreement(s) applicable to","comparable employment relationships."],"old":["(10) Member States should further provide","for a presumption of a work relationship of","at least six months duration so that the","burden of proof is put on the employer in","respect of at least a certain period."],"orig_lang":"en","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"56","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Donata Gottardi","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-57","location":[["Proposal for a directive","Recital 10"]],"meps":[36395],"meta":{"created":"2020-01-20T00:18:52"},"new":["(10) Member States should further provide","for a presumption of a work relationship of","at least six months duration so that the","burden of proof is put on the employer in","respect of at least a certain period and","should provide for the employee also to","have the possibility of proving the","existence and duration of the work","relationship."],"old":["(10) Member States should further provide","for a presumption of a work relationship of","at least six months duration so that the","burden of proof is put on the employer in","respect of at least a certain period."],"orig_lang":"it","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"57","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Donata Gottardi","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-58","justification":" Temporary employment agencies should be included in the 'subcontracting chain'.","location":[["Proposal for a directive","Recital 13"]],"meps":[36395],"meta":{"created":"2020-01-20T00:18:52"},"new":["(13) In view of the prevalence of","subcontracting in certain affected sectors, it","is necessary to ensure that all the","undertakings in a chain of subcontracting,","including temporary employment agencies","providing temporary staff for firms using","their services, are held jointly and","severally liable to pay financial sanctions","against an employer at the end of the chain","who employs illegally staying third-","country nationals."],"old":["(13) In view of the prevalence of","subcontracting in certain affected sectors, it","is necessary to ensure that all the","undertakings in a chain of subcontracting","are held jointly and severally liable to pay","financial sanctions against an employer at","the end of the chain who employs illegally","staying third-country nationals.",""],"orig_lang":"it","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"58","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Roberto Musacchio","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-59","location":[[" Proposal for a directive","Recital 13"]],"meps":[28977],"meta":{"created":"2020-01-20T00:18:53"},"new":["(13) In view of the prevalence of","subcontracting in certain affected sectors, it","is necessary to ensure that all the","undertakings in a chain of subcontracting,","including temporary work agencies that","assign workers to work temporarily, under","their supervision, for a user undertaking,","are held jointly and severally liable to pay","financial sanctions against an employer at","the end of the chain who employs illegally","staying third-country nationals."],"old":["(13) In view of the prevalence of","subcontracting in certain affected sectors, it","is necessary to ensure that all the","undertakings in a chain of subcontracting","are held jointly and severally liable to pay","financial sanctions against an employer at","the end of the chain who employs illegally","staying third-country nationals."],"orig_lang":"en","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"59","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jean Lambert","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-60","location":[[" Proposal for a directive","Recital 13"]],"meps":[4531],"meta":{"created":"2020-01-20T00:18:53"},"new":["(13) In view of the prevalence of","subcontracting in certain affected sectors, it","is necessary to ensure that all the","undertakings in a chain of subcontracting,","including temporary work agencies that","assign workers to work temporarily, under","their supervision, to a user undertaking,","are held jointly and severally liable to pay","financial sanctions against an employer at","the end of the chain who employs illegally","staying third-country nationals."],"old":["(13) In view of the prevalence of","subcontracting in certain affected sectors, it","is necessary to ensure that all the","undertakings in a chain of subcontracting","are held jointly and severally liable to pay","financial sanctions against an employer at","","the end of the chain who employs illegally","staying third-country nationals."],"orig_lang":"en","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"60","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Donata Gottardi","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-61","justification":"Provision should be made for the parent company to be held liable if the employer is a firm\nbelonging to a group and is not able to make the payments referred to in Articles 6 and 7.","location":[["Proposal for a directive","Recital 13 a (new)"]],"meps":[36395],"meta":{"created":"2020-01-20T00:18:54"},"new":["(13a) Where the employer is an","undertaking belonging to a group, the","Member States should provide for the","parent company to be held jointly liable","for the payment of any penalties imposed","or outstanding remuneration due."],"orig_lang":"it","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"61","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Roberto Musacchio","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-62","location":[["Proposal for a directive","Recital 15"]],"meps":[28977],"meta":{"created":"2020-01-20T00:18:54"},"new":["(15) To guarantee the full effectiveness of","the general prohibition, there is therefore a","particular need for more dissuasive","sanctions in serious cases, such as:","repeated infringements, illegal employment","of a significant number of third-country","nationals, exploitative working conditions","and where the employer knows that the","worker is a victim of human trafficking.","Working conditions should be considered","exploitative where there is a significant","difference in pay or in working conditions,","particularly those affecting workers\u2019","wages, working hours and health and","safety, from those enjoyed by legally","employed workers."],"old":["(15) To guarantee the full effectiveness of","the general prohibition, there is therefore a","particular need for more dissuasive","sanctions in serious cases, such as:","repeated infringements, illegal employment","of a significant number of third-country","","nationals, particularly exploitative","working conditions and where the","employer knows that the worker is a victim","of human trafficking. Working conditions","should be considered particularly","exploitative where there is a significant","difference in pay or in working conditions,","particularly those affecting workers\u2019 health","and safety, from those enjoyed by legally","employed workers."],"orig_lang":"it","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"62","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Roberto Musacchio","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-63","location":[[" Proposal for a directive","Recital 16"]],"meps":[28977],"meta":{"created":"2020-01-20T00:18:54"},"new":["(16) In all cases deemed to be serious","according to the present Directive the","infringement should therefore be","considered a criminal offence throughout","the Community. The criminal offence","should be without prejudice to application","of the Framework Decision 2002/629/JHA","of 19 July 2002 on combating trafficking in","human beings."],"old":["(16) In all cases deemed to be serious","according to the present Directive the","infringement should therefore be","considered a criminal offence throughout","the Community when committed","intentionally. The criminal offence should","be without prejudice to application of the","Framework Decision 2002/629/JHA of 19","July 2002 on combating trafficking in","human beings."],"orig_lang":"it","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"63","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Roberto Musacchio","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-64","location":[[" Proposal for a directive","Recital 18 a (new)"]],"meps":[28977],"meta":{"created":"2020-01-20T00:18:54"},"new":["(18a) In order to provide for an effective","level of protection against exploitative","labour conditions, legal entities, victim","associations, non-governmental","organisations and other bodies such as","trade unions should be empowered to","engage either on behalf or in support of","any victim, in proceedings, without","prejudice to the national rules of","procedure concerning representation and","defence before the courts. To encourage","victims to lodge complaints, designated","third parties should be entitled to keep","confidential complainants' identity and","place of residence."],"old":[""],"orig_lang":"en","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"64","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Donata Gottardi","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-65","justification":" Acceptable conditions and a limited period of residence should be provided for delicate cases\n involving children or pregnant women.","location":[["Proposal for a directive","Recital 19"]],"meps":[36395],"meta":{"created":"2020-01-20T00:18:55"},"new":["(19) To supplement the complaint","mechanisms, Member States should grant","residence permits of limited duration,","linked to the length of the relevant national","proceedings, to third-country nationals who","have been subjected to particularly","exploitative working conditions and who","cooperate in criminal proceedings against","the employer. Member States should also","grant residence permits of limited","duration to third country nationals if they","are minors, pregnant women or mothers","of children up to three months old. Such","permits should be granted under the same","conditions as those granted under Directive","2004/81/EC of 29 April 2004 on the","residence permit issued to third-country","nationals who are victims of trafficking in","human beings or who have been the subject","of an action to facilitate illegal immigration","who cooperate with the competent","authorities."],"old":["(19) To supplement the complaint","mechanisms, Member States should grant","residence permits of limited duration,","linked to the length of the relevant national","proceedings, to third-country nationals who","have been subjected to particularly","exploitative working conditions and who","cooperate in criminal proceedings against","the employer. Such permits should be","granted under the same conditions as those","granted under Directive 2004/81/EC of 29","April 2004 on the residence permit issued","to third-country nationals who are victims","of trafficking in human beings or who have","been the subject of an action to facilitate","illegal immigration who cooperate with the","competent authorities.",""],"orig_lang":"it","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"65","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jean Lambert","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-66","location":[[" Proposal for a directive","Recital 20"]],"meps":[4531],"meta":{"created":"2020-01-20T00:18:55"},"new":["(20) To ensure a sufficient level of","enforcement and to avoid significant","differences in the level of enforcement in","the Member States, a certain proportion of","companies established in each Member","State should be inspected. A clear","distinction should be maintained between","labour inspection, the objective of which","is to verify the proper application of","labour law, and immigration inspection","which does not share the same objectives","or ethics. Member States should not, in","particular, reallocate the funding granted","to labour law enforcement agencies to","immigration inspection for the purpose of","application of this Directive."],"old":["(20) To ensure a sufficient level of","enforcement and to avoid significant","differences in the level of enforcement in","the Member States, a certain proportion of","companies established in each Member","State should be inspected."],"orig_lang":"en","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"66","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Roberto Musacchio","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-67","location":[["Proposal for a directive","Recital 20 a (new)"]],"meps":[28977],"meta":{"created":"2020-01-20T00:18:55"},"new":["(20a) This Directive is without prejudice","to Member States' competence to adopt","accompanying measures stimulating the","transformation of undeclared work into","declared employment."],"orig_lang":"en","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"67","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jean Lambert","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-68","location":[["Proposal for a directive","Recital 20 a (new)"]],"meps":[4531],"meta":{"created":"2020-01-20T00:18:56"},"new":["(20a) This Directive is without prejudice","to Member States' competence to adopt","accompanying measures stimulating the","transformation of undeclared work into","declared employment."],"orig_lang":"en","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"68","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Donata Gottardi","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-69","justification":" This provision is necessary to define the scope of this directive in relation to national\n measures taken by Member States on their own initiative to combat undeclared work and\n regularise the situation of undeclared workers.","location":[["Proposal for a directive","Recital 21 a (new)"]],"meps":[36395],"meta":{"created":"2020-01-20T00:18:57"},"new":["(21a) This directive should not prevent","Member States from adopting measures","designed to convert undeclared","employment into declared employment","relationships and to regularise the","situation of undeclared workers."],"old":[""],"orig_lang":"it","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"69","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Donata Gottardi","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-70","justification":" The forms taken by \u2018employment\u2019 should be further specified.","location":[[" Proposal for a directive","Article 2 \u2013 point b"]],"meps":[36395],"meta":{"created":"2020-01-20T00:18:57"},"new":["(b) \u2018employment\u2019 means exercise of","remunerated activities for and under the","direction of, or for and coordinated by,","another person;"],"old":["(b) \u2018employment\u2019 means exercise of","remunerated activities for and under the","direction of another person;"],"orig_lang":"it","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"70","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Donata Gottardi","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-71","justification":"The concept of \u2018remuneration\u2019 should be specifically defined in this directive to ensure the\nterm is sufficiently broad to include all payments (for example in respect of overtime or leave)\nand provides an unambiguous point of reference for the application of Article 7, for example.","location":[[" Proposal for a directive","Article 2 \u2013 point b a (new)"]],"meps":[36395],"meta":{"created":"2020-01-20T00:18:57"},"new":["(ba) \u2018remuneration\u2019: prescribed pay and","treatment, including any associated","allowances, equivalent to those to which","comparable workers in ordinary","employment relationships are entitled;"],"orig_lang":"it","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"71","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Donata Gottardi","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-72","justification":"The forms taken by \u2018employment\u2019 should be further specified.","location":[["Proposal for a directive","Article 2 \u2013 point e"]],"meps":[36395],"meta":{"created":"2020-01-20T00:18:58"},"new":["(e) \u2018employer\u2019 means any person,","including legal persons, for and under the","direction of whom a third-country national","exercises remunerated activities, or for","whom a third-country national exercises","remunerated activities and by whom those","activities are coordinated;"],"old":["(e) \u2018employer\u2019 means any person,","including legal persons, for and under the","direction of whom a third-country national","exercises remunerated activities;"],"orig_lang":"it","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"72","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Donata Gottardi","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-73","justification":" The situation of private citizens acting in the capacity of employers of domestic workers must\n be defined in connection with Article 4 to provide for a simplified system of employers\u2019\n obligations and Article 6 to ensure financial penalties can be made more appropriate to this\n particular form of employment relationship.","location":[["Proposal for a directive","Article 2 \u2013 point e a (new)"]],"meps":[36395],"meta":{"created":"2020-01-20T00:18:58"},"new":["(ea)' individual citizen acting in the","capacity of an employer' means a person","for whom a third country national","exercises remunerated activities as a","domestic worker;"],"orig_lang":"it","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"73","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Bilyana Ilieva Raeva","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-74","location":[[" Proposal for a directive","Article 2 \u2013 point e a (new)"]],"meps":[38600],"meta":{"created":"2020-01-20T00:18:59"},"new":["(ea) \"legal person\" means any legal entity","having the status of legal person under","the applicable national law;"],"orig_lang":"en","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"74","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Donata Gottardi","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-75","justification":" Temporary employment agencies should be included in the definition of subcontractors in\n\nview of the increasingly important role they play in subcontracting and employing third\ncountry nationals.","location":[[" Proposal for a directive","Article 2 \u2013 point f"]],"meps":[36395],"meta":{"created":"2020-01-20T00:18:59"},"new":["(f) \u2018subcontractor\u2019 means a natural or legal","person to whom the execution of all or part","of the obligations of a prior contract is","assigned, including temporary","employment agencies and other","intermediaries;"],"old":["(f) \u2018subcontractor\u2019 means a natural or legal","person to whom the execution of all or part","of the obligations of a prior contract is","assigned."],"orig_lang":"it","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"75","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Roberto Musacchio","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-76","location":[["Proposal for a directive","Article 2 \u2013 point f"]],"meps":[28977],"meta":{"created":"2020-01-20T00:18:59"},"new":["(f) \"subcontractor\" means a natural or legal","person to whom the execution of all or part","of the obligations of a prior contract is","assigned, including temporary work","agencies and any other intermediaries."],"old":["(f) \"subcontractor\" means a natural or legal","person to obligations of a prior contract is","assigned."],"orig_lang":"en","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"76","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jean Lambert","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-77","location":[["Proposal for a directive","Article 2 \u2013 point f"]],"meps":[4531],"meta":{"created":"2020-01-20T00:18:59"},"new":["(f) \"subcontractor\" means a natural or legal","person to whom the execution of all or part","of the obligations of a prior contract is","assigned, including temporary work","agencies and any other intermediaries."],"old":["(f) \"subcontractor\" means a natural or legal","person to whom the execution of all or part","of the obligations of a prior contract is","assigned."],"orig_lang":"en","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"77","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Edit Bauer","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-78","justification":" Any undue profit generated by the illegal employment must be returned. Remuneration should\n therefore be understood in the widest sense and account should be taken of the fact that the\n normally applicable rate may be higher than minimum wage or minimum income. The\n concept of comparable worker must be used.","location":[[" Proposal for a directive","Article 2 \u2013 point f a (new)"]],"meps":[23866],"meta":{"created":"2020-01-20T00:19:00"},"new":["(fa) \u201cremuneration\u201d means rates of pay,","including overtime rates, that are equal to","those which would have been enjoyed by","comparable workers in a declared","employment relationship."],"orig_lang":"en","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"78","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Donata Gottardi","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-79","justification":" The concept of \u2018business activities' should be defined so as to exclude the activities of not-for-\n profit organisations and NGOs, given the specific nature of their activities.","location":[[" Proposal for a directive","Article 2 \u2013 point f a (new)"]],"meps":[36395],"meta":{"created":"2020-01-20T00:19:00"},"new":["(fa) \u2018business activities\u2019 means activities","carried out by a legally registered for-","profit entity, excluding activities carried","out by not-for-profit organisations and","NGOs;"],"orig_lang":"it","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"79","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Roberto Musacchio","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-80","location":[["Proposal for a directive","Article 2 \u2013 point f a (new)"]],"meps":[28977],"meta":{"created":"2020-01-20T00:19:01"},"new":["(fa) \u201cremuneration\" means rates of pay,","including overtime rates, that are equal to","those which would have been enjoyed by","comparable workers in a declared","employment relationship."],"orig_lang":"en","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"80","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Petru Filip","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-81","justification":"This amendment seeks to clarify the text.","location":[["Proposal for a directive","Article 3 \u2013 paragraph 2"]],"meps":[39710],"meta":{"created":"2020-01-20T00:19:01"},"new":["Employers infringing this prohibition shall","be subject to the sanctions and measures","laid down in this Directive."],"old":["Infringements of this prohibition shall be","subject to the sanctions and measures laid","down in this Directive."],"orig_lang":"ro","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"81","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Donata Gottardi","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-82","justification":" Explicit reference must be made to the lawful nature of the substance of the contract and of\n the employment relationship, since in some Member States the fact that the content of such\n contracts has been impugned as unlawful has prevented recognition of the amount due to the\n employee in payment for work done.","location":[["Proposal for a directive","Article 3 \u2013subparagraph 2 a (new)"]],"meps":[36395],"meta":{"created":"2020-01-20T00:19:02"},"new":["2a. The fact that it is unlawful to employ","third country nationals staying illegally in","the European Union does not invalidate","the substance of the contract and the","employment relationship."],"old":[""],"orig_lang":"it","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"82","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Donata Gottardi","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-83","justification":" This provision should be inserted so as not to preclude the possibility of third country\n nationals obtaining open-ended employment contracts.","location":[[" Proposal for a directive","Article 4 \u2013 paragraph 1 \u2013 point a"]],"meps":[36395],"meta":{"created":"2020-01-20T00:19:02"},"new":["(a) require the production by third-country","nationals of a residence permit or another","authorisation for stay which is valid at the","start of the employment in question and","can be renewed for the remaining period ;"],"old":["(a) require the production by third-country","nationals of a residence permit or another","authorisation for stay valid for the period","of the employment in question;"],"orig_lang":"it","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"83","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Donata Gottardi","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-84","justification":"To avoid increasing the bureaucratic burden on employers, information and notifications\nconcerning the employment of third country nationals should be incorporated into the normal\nprocedures relating to the employment of workers which are already in place under the\nnational systems.","location":[[" Proposal for a directive","Article 4 \u2013 paragraph 1 \u2013 point b"]],"meps":[36395],"meta":{"created":"2020-01-20T00:19:03"},"new":["(b) include a copy of the residence permit","or other authorisation for stay in the","documentation required in connection","with the procedures already provided for","by the Member States when workers are","employed and notify the competent","authorities designated by the Member","States of both the start and the","termination of employment of third-","country nationals;"],"old":["(b) copy or record the content of the","","residence permit or other authorisation for","stay before employment begins;"],"orig_lang":"it","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"84","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Edit Bauer","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-85","location":[["Proposal for a directive","Article 4 \u2013 paragraph 1 \u2013 point b"]],"meps":[23866],"meta":{"created":"2020-01-20T00:19:03"},"new":["(b) retain, for the duration of the","employment and at least one year","thereafter, the employment a copy and","record of the residence permit or other","authorisation for stay available for","inspection by the competent authorities of","the Member States;"],"old":["(b) copy or record the content of the","residence permit or other authorisation for","stay before employment begins;"],"orig_lang":"en","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"85","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Donata Gottardi","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-86","justification":" Bearing in mind the need to avoid increasing the administrative burden on employers, there is\n no need for them to set up separate registers. Once the requirement for notification and\n information about the employment of third country nationals has been incorporated in normal\n employment procedures, employers should simply be required to make the documentation in\n question available to the competent national authorities at their request, and to retain copies\n of that documentation for a limited period.","location":[[" Proposal for a directive","Article 4 \u2013 paragraph 1 \u2013 point c"]],"meps":[36395],"meta":{"created":"2020-01-20T00:19:03"},"new":["(c) keep for at least the duration of the","employment and the following twelve","months the documentation relating to the","employment of third-country nationals","available for inspection by the competent","authorities of the Member States."],"old":["(c) keep for at least the duration of the","employment the copies or records","available for inspection by the competent","authorities of the Member States."],"orig_lang":"it","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"86","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Karin J\u00f6ns","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-87","justification":"In most Member States, employers are obliged to notify the social security authorities of the\nstart of employment. An additional notification requirement would discriminate against\nlegally employed third-country nationals with equal access to the job market.","location":[[" Proposal for a directive","Article 4 \u2013 paragraph 2"]],"meps":[1904],"meta":{"created":"2020-01-20T00:19:04"},"new":["deleted"],"old":["2. Member States shall oblige employers","acting in the course of business activities","or who are legal persons to notify the","competent authorities designated by","Member States of both the start and the","termination of employment of third-","country nationals at the latest within one","week."],"orig_lang":"de","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"87","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Donata Gottardi","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-88","location":[["Proposal for a directive","Article 4 \u2013 paragraph 2"]],"meps":[36395],"meta":{"created":"2020-01-20T00:19:04"},"new":["deleted"],"old":["2. Member States shall oblige employers","acting in the course of business activities","or who are legal persons to notify the","competent authorities designated by","Member States of both the start and the","termination of employment of third-","country nationals at the latest within one","week."],"orig_lang":"it","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"88","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Donata Gottardi","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-89","justification":"There must be a simplified system for employers who are private citizens employing third\n\n country nationals as domestic help to ensure the provisions of the directive can be applied\n effectively in practice.","location":[["Proposal for a directive","Article 4 \u2013 paragraph 2 a (new)"]],"meps":[36395],"meta":{"created":"2020-01-20T00:19:04"},"new":["2a. Member States may provide for a","simplified system of employers'","obligations in the case of individual","citizens employing people to carry out","domestic work."],"orig_lang":"it","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"89","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Donata Gottardi","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-90","justification":" It would be appropriate to enable Member States to allow employers and employees a period\n of time in which to regularise the worker\u2019s employment situation (which would also be useful\n in the event of protracted administrative procedures).","location":[[" Proposal for a directive","Article 4 \u2013 paragraph 2 b (new)"]],"meps":[36395],"meta":{"created":"2020-01-20T00:19:05"},"new":["2b. Member States may provide for a","sufficient period of time to enable","employers and workers to bring the","employment situation into line with","national law."],"orig_lang":"it","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"90","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Karin J\u00f6ns","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-91","justification":"Even when employers can show that they are not at fault, it must be ensured in every case that\nthey do not receive any financial advantage at any time from employing an illegally staying\nthird-country national. In addition, the Member States should not suffer any loss of revenue\nfrom tax and social security contributions.","location":[[" Proposal for a directive","Article 5"]],"meps":[1904],"meta":{"created":"2020-01-20T00:19:05"},"new":["Member States shall ensure that employers","are not liable for infringing Article 3 where","they can show that they fulfilled the","obligations set out in Article 4. This shall","not apply to the back payments to be made","under Article 7."],"old":["Member States shall ensure that employers","are not liable for infringing Article 3 where","they can show that they fulfilled the","obligations set out in Article 4."],"orig_lang":"de","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"91","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Edit Bauer","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-92","justification":"A grace period should be allowed to correct administrative faults.","location":[["Proposal for a directive","Article 5 \u2013 paragraph 1 a (new)"]],"meps":[23866],"meta":{"created":"2020-01-20T00:19:05"},"new":["Member States may give employers a","reasonable time limit within which to","bring the situation of the employed third-","country nationals into line with 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for a directive","Article 5 \u2013 paragraph 1 a (new)"]],"meps":[28977],"meta":{"created":"2020-01-20T00:19:06"},"new":["Member States may give employers a","reasonable time limit within which to","bring the situation of the employed third-","country nationals into line with national","law."],"orig_lang":"en","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"94","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Petru Filip","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-95","justification":" Article 3 does not specify infringements but is concerned with prohibiting the employment of\n illegally staying third country nationals, infringement of these provisions constituting an\n offence because of the resulting danger in social terms.","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 2 \u2013 introductory part"]],"meps":[39710],"meta":{"created":"2020-01-20T00:19:07"},"new":["Sanctions applied in respect of","infringements of the provisions of Article","3 shall include:"],"old":["Sanctions in respect of each infringement","of Article 3 shall include:"],"orig_lang":"ro","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"95","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Roberto Musacchio","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-96","location":[["Proposal for a directive","Article 6 \u2013 paragraph 2 \u2013 point (b)"]],"meps":[28977],"meta":{"created":"2020-01-20T00:19:07"},"new":["deleted"],"old":["(b) payments of the costs of return of each","illegally employed third-country national","in those cases where return procedures","are carried out."],"orig_lang":"en","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"96","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Donata Gottardi","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-97","justification":"Provision should be made for employers to be required to contribute part (but not necessarily\nthe whole amount) of the cost of returning illegally employed third country nationals in those\ncases where they are actually returned to their home countries.","location":[["Proposal for a directive","Article 6 \u2013 paragraph 2 \u2013 point (b)"]],"meps":[36395],"meta":{"created":"2020-01-20T00:19:07"},"new":["(b) payment of a contribution to the costs","of return of each illegally employed third-","country national in those cases where","return procedures are carried out."],"old":["(b) payments of the costs of return of each","illegally employed third-country national","in those cases where return procedures are","carried out."],"orig_lang":"it","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"97","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Donata Gottardi","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-98","justification":" Provision should be made for more moderate financial penalties where the employers are not\n commercial businesses and the employees are engaged in domestic work or the activities of\n not for profit organisations and NGOs.","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 2 a (new)"]],"meps":[36395],"meta":{"created":"2020-01-20T00:19:08"},"new":["2a. 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In respect of each infringement of","Article 3 Member States shall ensure that","the employer pays:"],"orig_lang":"ro","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"99","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jean Lambert","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-100","location":[["Proposal for a directive","Article 7 \u2013 paragraph 1 \u2013 introductory part"]],"meps":[4531],"meta":{"created":"2020-01-20T00:19:09"},"new":["1. Without prejudice to the second","paragraph of Article 5, in respect of each","infringement of Article 3 Member States","shall ensure that the employer pays:"],"old":["1. In respect of each infringement of","Article 3 Member States shall ensure that","the employer pays:"],"orig_lang":"en","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"100","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Roberto Musacchio","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-101","location":[["Proposal for a directive","Article 7 \u2013 paragraph 1 \u2013 introductory part"]],"meps":[28977],"meta":{"created":"2020-01-20T00:19:10"},"new":["1. Without prejudice to the second","paragraph of Article 5, in respect of each","infringement of Article 3 Member States","shall ensure that the employer pays:"],"old":["1. In respect of each infringement of","Article 3 Member States shall ensure that","the employer pays:"],"orig_lang":"en","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"101","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Karin J\u00f6ns","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-102","justification":" Employers should not gain any financial advantage from employing illegally staying third-\n country nationals.","location":[["Proposal for a directive","Article 7 \u2013 paragraph 1 \u2013 point (a)"]],"meps":[1904],"meta":{"created":"2020-01-20T00:19:10"},"new":["(a) any outstanding remuneration to the","illegally employed third-country national","and all other work-related benefits;"],"old":["(a) any outstanding remuneration to the","illegally employed third-country national;"],"orig_lang":"de","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"102","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jean Lambert","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-103","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 1 \u2013 point a"]],"meps":[4531],"meta":{"created":"2020-01-20T00:19:10"},"new":["(a) any outstanding remuneration to the","illegally employed third-country national;","where the agreed level of remuneration","cannot be established, it shall be","presumed to have been the minimum","wage as established by national law. In","Member States where no minimum wage","is established, the agreed level of","remuneration shall be determined by","reference to the minimum income","entitling citizens of the Member State","concerned to social assistance in that","Member State or in line with applicable","collective agreements or practices in the","relevant sector;"],"old":["(a) any outstanding remuneration to the","illegally employed third-country national;"],"orig_lang":"en","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"103","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Donata Gottardi","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-104","justification":"When determining the amount of outstanding remuneration due to workers, reference should\nbe had in the first instance to \u2018comparable remuneration\u2019 and, where that cannot be\nestablished, to the minimum wage set in the various Member States.","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 1 \u2013 point (a) a (new)"]],"meps":[36395],"meta":{"created":"2020-01-20T00:19:11"},"new":["(aa) Where it is not possible to determine","the remuneration in accordance with the","provisions of Article 2(a)a, the amount","payable should be calculated by reference","to the minimum wage laid down by","national law unless the employer or the","employee can prove that it should not","apply. In those Member States in which","no minimum wage is set, the amount of","remuneration agreed should be calculated","by reference to the minimum income","which entitles citizens of the Member","State concerned to receive social","assistance in that Member State or in","accordance with collective agreements or","customary practice in the sector","concerned;"],"old":[""],"orig_lang":"it","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"104","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Roberto Musacchio","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-105","location":[["Proposal for a directive","Article 7 \u2013 paragraph 1 \u2013 point a a (new)"]],"meps":[28977],"meta":{"created":"2020-01-20T00:19:11"},"new":["(aa) any other work-related financial","entitlements, as defined by law, regulation","or administrative provisions and/or by","collective agreement, to the illegally","employed third-country national;"],"orig_lang":"en","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"105","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jean Lambert","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-106","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 1 \u2013 point a a (new)"]],"meps":[4531],"meta":{"created":"2020-01-20T00:19:11"},"new":["(aa) any other work-related financial","entitlements, as defined by law, regulation","or administrative provisions and/or by","collective agreement, to the illegally","employed third-country national;"],"orig_lang":"en","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"106","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Petru Filip","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-107","justification":" Offending employers should bear the full cost of recruitment and related penalties.","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 1 \u2013 point (b)"]],"meps":[39710],"meta":{"created":"2020-01-20T00:19:12"},"new":["(b) an amount equal to all taxes and","social security contributions which would","have been paid by the employer for","employed third country nationals if they","had been employed legally, including","penalty payments for delays and relevant","administrative fines."],"old":["(b) any outstanding taxes and social","security contributions, including relevant","administrative fines."],"orig_lang":"ro","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"107","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Roberto Musacchio","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-108","location":[["Proposal for a directive","Article 7 \u2013 paragraph 2 \u2013 introductory part"]],"meps":[28977],"meta":{"created":"2020-01-20T00:19:12"},"new":["2. In order to apply paragraph 1(a) and","(aa), Member States shall:"],"old":["2. In order to apply paragraph 1(a),","Member States shall:"],"orig_lang":"en","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"108","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jean Lambert","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-109","location":[["Proposal for a directive","Article 7 \u2013 paragraph 2 \u2013 introductory part"]],"meps":[4531],"meta":{"created":"2020-01-20T00:19:12"},"new":["2. In order to apply paragraph 1(a) and","(aa), Member States shall:"],"old":["2. In order to apply paragraph 1(a),","Member States shall:"],"orig_lang":"en","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"109","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Roberto Musacchio","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-110","location":[["Proposal for a directive","Article 7 \u2013 paragraph 2 \u2013 point a"]],"meps":[28977],"meta":{"created":"2020-01-20T00:19:12"},"new":["(a) enact mechanisms to ensure that the","necessary procedures to claim back","outstanding remuneration and other work-","related financial entitlements are triggered","automatically without the need for the","third-country national to introduce a claim;"],"old":["(a) enact mechanisms to ensure that the","necessary procedures to claim back","outstanding remuneration are triggered","automatically without the need for the","third-country national to introduce a claim;"],"orig_lang":"en","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"110","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jean Lambert","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-111","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 2 \u2013 point a"]],"meps":[4531],"meta":{"created":"2020-01-20T00:19:13"},"new":["(a) enact mechanisms to ensure that the","necessary procedures to claim back","outstanding remuneration and other work-","related financial entitlements are triggered","automatically without the need for the","third-country national to introduce a claim;"],"old":["(a) enact mechanisms to ensure that the","necessary procedures to claim back","outstanding remuneration are triggered","automatically without the need for the","third-country national to introduce a claim;"],"orig_lang":"en","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"111","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Donata Gottardi","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-112","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 2 \u2013 point (b)"]],"meps":[36395],"meta":{"created":"2020-01-20T00:19:13"},"new":["(b) provide that a work relationship of at","least 6 months duration be presumed unless","the employer or employee can prove","differently."],"old":["(b) provide that a work relationship of at","least 6 months duration be presumed unless","the employer can prove differently."],"orig_lang":"it","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"112","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Roberto Musacchio","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-113","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 3"]],"meps":[28977],"meta":{"created":"2020-01-20T00:19:14"},"new":["3. Member States shall take the necessary","measures to ensure that illegally employed","third-country nationals receive any back","payment of remuneration and other work-","related financial entitlements recovered","under paragraph 1(a) and (aa), including","in cases in which they have or have been","returned."],"old":["3. Member States shall take the necessary","measures to ensure that illegally employed","third-country nationals receive any back","payment of remuneration recovered under","paragraph 1(a), including in cases in","","which they have or have been returned."],"orig_lang":"en","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"113","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jean Lambert","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-114","location":[["Proposal for a directive","Article 7 \u2013 paragraph 3"]],"meps":[4531],"meta":{"created":"2020-01-20T00:19:14"},"new":["3. Member States shall take the necessary","measures to ensure that illegally employed","third-country nationals receive any back","payment of remuneration and other work-","related financial entitlements recovered","under paragraph 1(a) and (aa), including","in cases in which they have or have been","returned."],"old":["3. Member States shall take the necessary","measures to ensure that illegally employed","third-country nationals receive any back","payment of remuneration recovered under","paragraph 1(a), including in cases in","which they have or have been returned."],"orig_lang":"en","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"114","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jean Lambert","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-115","location":[["Proposal for a directive","Article 7 \u2013 paragraph 4"]],"meps":[4531],"meta":{"created":"2020-01-20T00:19:14"},"new":["4. Member States shall take the necessary","measures to ensure that the execution of","any return decision is postponed until the","third-country national has received any","back payment of their remuneration and","other work-related financial entitlements","recovered under paragraph 1(a) and (aa)."],"old":["4. In respect of criminal offences covered","by Article 10(1)(c), Member States shall","take the necessary measures to ensure that","the execution of any return decision is","postponed until the third-country national","has received any back payment of their","remuneration recovered under paragraph","1(a)."],"orig_lang":"en","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"115","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Roberto Musacchio","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-116","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 4"]],"meps":[28977],"meta":{"created":"2020-01-20T00:19:14"},"new":["4. Member States shall take the necessary","measures to ensure that the execution of","any return decision is postponed until the","third-country national has received any","back payment of their remuneration and","other work-related financial entitlements","recovered under paragraph 1(a) and (aa)."],"old":["4. In respect of criminal offences covered","by Article 10(1)(c), Member States shall","take the necessary measures to ensure that","the execution of any return decision is","postponed until the third-country national","has received any back payment of their","remuneration recovered under paragraph","1(a)."],"orig_lang":"en","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"116","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Donata Gottardi","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-117","justification":" The protection offered to workers by ensuring they receive all back pay due to them should\n not be limited to cases involving criminal offences arising from particularly exploitative\n situations.","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 4"]],"meps":[36395],"meta":{"created":"2020-01-20T00:19:15"},"new":["4. Member States shall take the necessary","measures to ensure that the execution of","any return decision is postponed until the","third-country national has received any","back payment of their remuneration","recovered under paragraph 1(a)."],"old":["4. In respect of criminal offences covered","by Article 10(1)(c), Member States shall","take the necessary measures to ensure that","the execution of any return decision is","postponed until the third-country national","has received any back payment of their","remuneration recovered under paragraph","1(a)."],"orig_lang":"it","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"117","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Roberto Musacchio","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-118","location":[["Proposal for a directive","Article 7 \u2013 paragraph 4 a (new)"]],"meps":[28977],"meta":{"created":"2020-01-20T00:19:15"},"new":["4a. Member States shall take action to","help workers previously employed on an","illegal basis to be integrated into the","employment market."],"orig_lang":"it","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"118","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Karin J\u00f6ns","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-119","justification":"Fines alone are often not a sufficient deterrent. Therefore the measures listed in Article 8(a)\nto (d) should be binding, and the Member States should not be allowed too much freedom of\nlegislative manoeuvre. In particular, the threat of closure of establishments could be an\neffective means of persuasion against employing illegal third country nationals in future.","location":[["Proposal for a directive","Article 8 \u2013 introductory part"]],"meps":[1904],"meta":{"created":"2020-01-20T00:19:16"},"new":["Member States shall take the necessary","measures to ensure that an employer acting","in the course of business activities may","also be subject to the following measures:"],"old":["Member States shall take the necessary","measures to ensure that an employer acting","in the course of business activities may","also, if appropriate, be subject to the","following measures:"],"orig_lang":"de","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"119","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Donata Gottardi","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-120","justification":" A provision should be included for the parent company to be liable where the employer is a\n firm belonging to a group and is not able to meet the payments specified in Articles 6 and 7.","location":[[" Proposal for a directive","Article 9 a (new)"]],"meps":[36395],"meta":{"created":"2020-01-20T00:19:16"},"new":["Article 9a","Groups of undertakings","Where the employer is an undertaking","belonging to a group, Member States shall","ensure that the parent company is jointly","liable to pay:","(a) any sanction imposed under Article 6,","and","(b) any back payments due under","Article 7."],"orig_lang":"it","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"120","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Petru Filip","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-121","location":[[" Proposal for a directive","Article 10 \u2013 title"]],"meps":[39710],"meta":{"created":"2020-01-20T00:19:17"},"new":["Offence"],"old":["Criminal offence"],"orig_lang":"ro","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"121","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Petru Filip","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-122","justification":"This modification underlines the gravity of infringement of the provisions of Article 3 which,\nin certain circumstances, present a greater degree of danger in social terms and should\ntherefore be penalised accordingly.","location":[["Proposal for a directive","Article 10 \u2013 introductory part"]],"meps":[39710],"meta":{"created":"2020-01-20T00:19:17"},"new":["1. Each Member State shall ensure that","infringement of the provisions of Article 3","constitutes an offence when committed","intentionally, in the following","circumstances:"],"old":["1. Each Member State shall ensure that the","infringement referred to in Article 3","constitutes a criminal offence when","committed intentionally, in the following","circumstances:"],"orig_lang":"ro","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"122","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Roberto Musacchio","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-123","location":[["Proposal for a directive","Article 10 \u2013 paragraph 1 \u2013 introductory part"]],"meps":[28977],"meta":{"created":"2020-01-20T00:19:18"},"new":["1. Each Member State shall ensure that the","infringement referred to in Article 3","constitutes a criminal offence in the","following circumstances:"],"old":["1. Each Member State shall ensure that the","infringement referred to in Article 3","constitutes a criminal offence when","committed intentionally, in the following"],"orig_lang":"en","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"123","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Gabriela Cre\u0143u","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-124","justification":" The number of third-country nationals who are illegally employed is very important so it\n should be inferior to four.","location":[[" Proposal for a directive","Article 10 \u2013 paragraph 1 \u2013 point b"]],"meta":{"created":"2020-01-20T00:19:18"},"new":["(b) the infringement is in respect of a","significant number of illegally employed","third-country nationals. This shall be the","case if at least three third-country nationals","are illegally employed;"],"old":["(b) the infringement is in respect of a","significant number of illegally employed","third-country nationals. This shall be the","case if at least four third-country nationals","are illegally employed;"],"orig_lang":"en","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"124","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Donata Gottardi","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-125","justification":" The concept of \u2018particularly exploitative working conditions\u2019 should be clarified.","location":[[" Proposal for a directive","Article 10 \u2013 paragraph 1 \u2013 point (c)"]],"meps":[36395],"meta":{"created":"2020-01-20T00:19:18"},"new":["(c) the infringement is accompanied by","abuse, sexual discrimination or","particularly exploitative working","conditions which involve violence, threats,","intimidation or degrading treatment and","represent a significant difference in","working conditions from those enjoyed by","legally employed workers; or"],"old":["(c) the infringement is accompanied by","particularly exploitative working","conditions, such as a significant difference","in working conditions from those enjoyed","by legally employed workers; or"],"orig_lang":"it","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"125","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Petru Filip","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-126","justification":"Severe penalties should apply to employers knowingly making use of illegally resident\nunderage labour. Minors are an extremely vulnerable social category requiring social\nprotection.","location":[["Proposal for a directive","Article 10 \u2013 paragraph 1 \u2013 point (d)"]],"meps":[39710],"meta":{"created":"2020-01-20T00:19:19"},"new":["(d) the infringement is committed by an","employer who uses work or services","exacted from a person, with the knowledge","that that person is a victim of trafficking in","human beings or is underage."],"old":["(d) the infringement is committed by an","employer who uses work or services","exacted from a person, with the knowledge","that that person is a victim of trafficking in","human beings."],"orig_lang":"ro","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"126","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Petru Filip","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-127","justification":"This similarly constitutes a danger in social terms and could, in view of the consequences, be\nregarded as an aggravating circumstance regarding the employment of illegally resident third\ncountry nationals.","location":[["Proposal for a directive","Article 10 \u2013 paragraph 1 \u2013 point (d) a (new)"]],"meps":[39710],"meta":{"created":"2020-01-20T00:19:19"},"new":["(da) repeated avoidance by employers of","controls by labour inspectors or efforts by","employers to mislead labour inspectors","regarding the employment of illegally","resident third country nationals."],"orig_lang":"ro","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"127","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Petru Filip","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-128","location":[[" Proposal for a directive","Article 11 \u2013 title"]],"meps":[39710],"meta":{"created":"2020-01-20T00:19:19"},"new":["Sanctions for the offence"],"old":["Sanctions for the criminal offence"],"orig_lang":"ro","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"128","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Petru Filip","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-129","location":[[" Proposal for a directive","Article 11 \u2013 paragraph 1"]],"meps":[39710],"meta":{"created":"2020-01-20T00:19:19"},"new":["1. Member States shall ensure that the","commission of the offence referred to in","Article 10 is punished by effective,","proportionate and dissuasive criminal","sanctions."],"old":["1. Member States shall ensure that the","commission of the criminal offence","referred to in Article 10 is punishable by","effective, proportionate and dissuasive","criminal sanctions."],"orig_lang":"ro","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"129","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Petru Filip","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-130","justification":"Under existing legislation, the degree of seriousness and resulting danger arising in social\nterms determines whether an act is classifiable as a criminal offence. Measures taken against\nemployers infringing the provisions of Article 3 are governed exclusively by this article.\nHence the formulation 'in particular' is inappropriate.","location":[[" Proposal for a directive","Article 11 \u2013 paragraph 2"]],"meps":[39710],"meta":{"created":"2020-01-20T00:19:19"},"new":["2. The criminal sanctions provided for in","this article may be accompanied by other","sanctions or measures, for example those","provided for in Articles 6, 7 and 8, and by","the publication of the judicial decision","relating to the conviction or the decision to","apply sanctions or other measures applied."],"old":["2. The criminal sanctions provided for in","this article may be accompanied by other","sanctions or measures, in particular those","provided for in Articles 6, 7 and 8, and by","the publication of the judicial decision","relating to the conviction or any sanctions","or measures applied."],"orig_lang":"ro","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"130","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Petru Filip","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-131","location":[["Proposal for a directive","Article 12 \u2013 paragraph 1 \u2013 introductory part"]],"meps":[39710],"meta":{"created":"2020-01-20T00:19:20"},"new":["1. 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Member States shall ensure that legal","persons can be held liable for the criminal","offence referred to in Article 10 where","such offence has been committed for their","benefit by any person, acting either","individually or as part of an organ of the","legal person, who has a leading position","within the legal person, based on:"],"orig_lang":"ro","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"131","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Petru Filip","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-132","justification":" Natural persons may take decisions on behalf of the legal persons they represent only on the\n basis of a mandate.","location":[["Proposal for a directive","Article 12 \u2013 paragraph 1 \u2013 point (b)"]],"meps":[39710],"meta":{"created":"2020-01-20T00:19:21"},"new":["(b) a mandate to take decisions on behalf","of the legal person, or"],"old":["(b) an authority to take decisions on behalf","of the legal person, or"],"orig_lang":"ro","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"132","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Petru Filip","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-133","location":[[" Proposal for a directive","Article 12 \u2013 paragraph 3"]],"meps":[39710],"meta":{"created":"2020-01-20T00:19:21"},"new":["3. Liability of a legal person under","paragraphs 1 and 2 shall not exclude","criminal proceedings against natural","persons who are perpetrators, instigators or","direct accessories in the offence referred to","in Article 10."],"old":["3. Liability of a legal person under","paragraphs 1 and 2 shall not exclude","criminal proceedings against natural","persons who are perpetrators, instigators or","accessories in the offence referred to in","Article 10."],"orig_lang":"ro","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"133","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jean Lambert","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-134","location":[[" Proposal for a directive","Article 14 \u2013 paragraph 1"]],"meps":[4531],"meta":{"created":"2020-01-20T00:19:22"},"new":["1. Member States shall provide for","effective mechanisms through which third-","country nationals in illegal employment","can lodge complaints against their","employers, directly or through designated","third parties in accordance with Article","14a."],"old":["1. Member States shall provide for","effective mechanisms through which third-","country nationals in illegal employment","can lodge complaints against their","employers, directly or through designated","third parties."],"orig_lang":"en","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"134","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Gabriela Cre\u0143u","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-135","justification":"Member States should provide for decent conditions for the third-country nationals who are\nor have been subjected to exploitative working conditions and who cooperate in proceedings\nagainst the employer, upon request.","location":[["Proposal for a directive","Article 14 \u2013 paragraph 3"]],"meta":{"created":"2020-01-20T00:19:22"},"new":["3. In respect of criminal offences covered","by Article 10(1)(c), Member States shall","under the conditions of Articles 4 to 15 of","Directive 2004/81/EC grant residence","permits of limited duration, linked to the","length of the relevant national proceedings,","to third-country nationals who are or have","been subjected to exploitative working","conditions and cooperate in proceedings","against the employer. Member States shall","also provide legal protection and advice,","decent housing, food and other basic","needs in the event that the illegally","migrant so requests."],"old":["3. In respect of criminal offences covered","by Article 10(1)(c), Member States shall","under the conditions of Articles 4 to 15 of","Directive 2004/81/EC grant residence","permits of limited duration, linked to the","length of the relevant national proceedings,","to third-country nationals who are or have","been subjected to exploitative working","conditions and cooperate in proceedings","against the employer."],"orig_lang":"en","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"135","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Donata Gottardi","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-136","justification":" Acceptable conditions and a limited period of residence should be provided for delicate cases\n involving children or pregnant women.","location":[["Proposal for a directive","Article 14 \u2013 paragraph 3 a (new)"]],"meps":[36395],"meta":{"created":"2020-01-20T00:19:22"},"new":["3a. In respect of the prohibition contained","in Article 3, and in particular the criminal","offences referred to in Article 10(1)(c)","and (d)), Member States shall under the","conditions of Articles 4 to 15 of Directive","2004/81/EC grant residence permits of","limited duration, linked to the length of","the relevant national proceedings, to third","country nationals who are minors,","pregnant women or mothers of children","up to three months old."],"old":[""],"orig_lang":"it","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"136","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Roberto Musacchio","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-137","location":[[" Proposal for a directive","Article 14 a (new)"]],"meps":[28977],"meta":{"created":"2020-01-20T00:19:23"},"new":["Article 14a","Designated third parties","1. Member States shall ensure that legal","entities, associations, non-governmental","organisations, local authorities and other","bodies such as trade unions, which have,","in accordance with the criteria laid down","in the relevant national law, a legitimate","interest in ensuring that the provisions of","this Directive are complied with, may","engage, either on behalf or in support of","an illegally employed third-country","national, in any judicial, administrative","and/or criminal proceedings provided for","with the objective of implementing this","Directive.","2. Member States shall allow designated","third parties who lodge a complaint","against an employer on behalf of an","illegally employed third-country national","not to disclose the complainant's identity","or place of residence.","3. For the purpose of the application of","this Directive, Member States shall","impose no sanctions against designated","parties providing assistance to third-","country nationals for having facilitated","their unauthorised residence."],"old":[""],"orig_lang":"en","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"137","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jean Lambert","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-138","location":[["Proposal for a directive","Article 14 a (new)"]],"meps":[4531],"meta":{"created":"2020-01-20T00:19:23"},"new":["Article 14a","Designated third parties","1. Member States shall ensure that legal","entities, non-governmental organisations,","local authorities and other bodies such as","trade unions, which have, in accordance","with the criteria laid down in the relevant","national law, a legitimate interest in","ensuring that the provisions of this","Directive are complied with, may engage,","either on behalf or in support of an","illegally employed third-country national,","in any judicial, administrative and/or","criminal proceedings provided for with","the objective of implementing this","Directive.","2. Member States shall allow designated","third parties who lodge a complaint","against an employer on behalf of an","illegally employed third-country national","not to disclose the complainant's identity","and place of residence.","3. For the purpose of the application of","this Directive, Member States shall","impose no sanctions against designated","parties providing assistance to third-","country nationals for having facilitated","their unauthorised residence."],"orig_lang":"en","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"138","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jean Lambert","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-139","location":[[" Proposal for a directive","Article 15 \u2013 paragraph 1"]],"meps":[4531],"meta":{"created":"2020-01-20T00:19:24"},"new":["1. Member States shall ensure that at least","10% companies established or operating","on their territory per year are subject to","inspections to control employment of","illegally staying third-country nationals."],"old":["1. Member States shall ensure that at least","10% of companies established on their","territory per year are subject to inspections","to control employment of illegally staying","third-country nationals."],"orig_lang":"en","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"139","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Bilyana Ilieva Raeva","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-140","justification":" Member States should assess the risk of employment of illegal immigrants in different sectors.\n This would allow targeted inspections in undertakings where the risk of employing illegal\n third country immigrants. It is not recommendable however, to publicise the results of the risk\n assessments. This would not facilitate unannounced inspections, and some undertakings may\n even go as far as to cover up relevant information, valuable for the inspection. Moreover, this\n publication might encourage breaches of the directive in the other sectors.","location":[[" Proposal for a directive","Article 15 \u2013 paragraph 2"]],"meps":[38600],"meta":{"created":"2020-01-20T00:19:25"},"new":["2. Member States shall, on the basis of","risk assessments, regularly identify the","sectors of activity in which the","employment of illegally staying third-","country nationals is prevalent on their","territory."],"old":["2. 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."],"orig_lang":"en","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"140","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Roberto Musacchio","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-141","location":[["Proposal for a directive","Article 15 \u2013 paragraph 2 a (new)"]],"meps":[28977],"meta":{"created":"2020-01-20T00:19:25"},"new":["2a. Member States shall ensure that the","inspections referred to in paragraphs 1","and 2 are, without prejudice to labour","inspections, carried out solely with the","view to assess work conditions, with","particular regard to evaluating security","and health conditions, regardless of the","status of the worker."],"orig_lang":"en","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"141","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jean Lambert","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-142","location":[["Proposal for a directive","Article 15 \u2013 paragraph 2 a (new)"]],"meps":[4531],"meta":{"created":"2020-01-20T00:19:25"},"new":["2a. Member States shall ensure that","inspections referred to in paragraphs 1","and 2 are, without prejudice to labour","inspections, carried out solely with the","view to assessing work conditions,","regardless of the status of the worker."],"orig_lang":"en","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"142","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Donata Gottardi","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-143","justification":" It is necessary to ensure that inspections in connection with immigration law do not replace\n or invalidate workplace inspections relating to health and safety and working conditions.","location":[[" Proposal for a directive","Article 15 \u2013 paragraph 2 a (new)"]],"meps":[36395],"meta":{"created":"2020-01-20T00:19:25"},"new":["2a. Member States shall ensure that the","inspections covered by paragraphs 1 and","2 shall not prejudice any controls carried","out for the specific purpose of checking","working conditions irrespective of the","employees\u2019 status."],"orig_lang":"it","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"143","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Gabriela Cre\u0143u","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-144","justification":" If inspections are to be effective, a minimum 10% of places of employment must be subject to\n inspections per annum.","location":[[" Proposal for a directive","Article 15 \u2013 paragraph 2 a (new)"]],"meta":{"created":"2020-01-20T00:19:26"},"new":["2a. In each of the sectors identified under","paragraph 2, Member States shall ensure","that, subject to paragraph 2b, at least","10 % of places of employment are subject","to inspections every year in order to","control the employment of illegally","staying third-country nationals."],"orig_lang":"en","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"144","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Gabriela Cre\u0143u","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-145","justification":"If inspections are to be effective, a minimum 10% of places of employment must be subject to\ninspections per annum.","location":[["Proposal for a directive","Article 15 \u2013 paragraph 2 b (new)"]],"meta":{"created":"2020-01-20T00:19:26"},"new":["2b. Member States shall reach the 10 %","threshold referred to in paragraph 2a","by...*.","* Three years from the date of entry into","force of this Directive."],"orig_lang":"en","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"145","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Petru Filip","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-146","location":[["Proposal for a directive","Article 15 a (new)"]],"meps":[39710],"meta":{"created":"2020-01-20T00:19:27"},"new":["Article 15a","Database","In order to make this directive more","enforceable and discourage the illegal","recruitment of labour, the Commission","shall set up and manage a special","database covering the territory of the","Community listing natural or legal","persons who have recruited illegally","resident third country nationals."],"orig_lang":"ro","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"146","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Donata Gottardi","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-147","justification":" It is necessary to define the relationship between the scope of this directive and national\n measures taken by Member States on their own initiative to combat undeclared work and\n regularise the situation of undeclared workers.","location":[[" Proposal for a directive","Article 15 a (new)"]],"meps":[36395],"meta":{"created":"2020-01-20T00:19:27"},"new":["Article 15 a","Relationship to national measures","This directive shall not prejudice national","measures to encourage the conversion of","undeclared work into declared","employment relationships and to help","undeclared workers to regularise their","status."],"orig_lang":"it","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"147","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Roberto Musacchio","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-148","location":[[" Proposal for a directive","Article 15 a (new)"]],"meps":[28977],"meta":{"created":"2020-01-20T00:19:27"},"new":["Article 15a","Relationship with national measures","This Directive shall be without prejudice","to any national measures that seek either","to encourage the transformation of","undeclared employment into declared","employment or to regularise","undocumented workers."],"orig_lang":"en","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"148","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Roberto Musacchio","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-149","location":[["Proposal for a directive","Article 15 b (new)"]],"meps":[28977],"meta":{"created":"2020-01-20T00:19:27"},"new":["Article 15b","Non regression","Nothing in this Directive shall be","interpreted as constituting grounds for a","reduction in the level of protection of","vulnerable third-country nationals","already provided by Member States in the","fields covered by this Directive"],"orig_lang":"en","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"149","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jean Lambert","changes":{},"committee":["EMPL"],"date":"2008-05-23T00:00:00","id":"PE406.158-150","location":[["Proposal for a directive","Article 16 \u2013 paragraph 1 a (new)"]],"meps":[4531],"meta":{"created":"2020-01-20T00:19:28"},"new":["Member States may, at the time of the first","report, also present an assessment of any","effects that the implementation of this","Directive has had on the employment of","legally staying third-country nationals as","well as citizens and residents of ethnic","minority descent."],"orig_lang":"en","peid":"PE406.158v01-00","reference":"2007/0094(COD)","seq":"150","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.158+01+DOC+PDF+V0//EN&language=EN"}],"changes":{"2014-11-10T01:10:24":[{"data":[{"body":"EC","commission":[{"Commissioner":"BARROT Jacques","DG":{"title":"Justice","url":"http://ec.europa.eu/justice/"}}],"date":"2007-05-16T00:00:00","docs":[{"celexid":"CELEX:52007PC0249:EN","text":["
PURPOSE: to\n sanction employers who illegally employ third-country nationals.
PROPOSED ACT:\n Directive of the European Parliament and of the Council.
BACKGROUND:\n this proposal forms part of the EU’s overall policy to develop a\n comprehensive migration policy. In this instance the proposed Regulation\n specifically targets employers who employ third-country nationals who are\n working in the Community illegally.
One of Europe’s gre atest “pull” factors for illegal immigrants is the possibility of finding\n work and a better way of life in the European Union. Illegal immigrants help\n meet the needs of some employers who are willing to take advantage of workers\n prepared to undertake what are mostly low-skilled and low paid jobs. The\n scale of the phenomenon is hard to quantify and estimates vary from between\n 4.5 million to 8 million. Illegal employment is concentrated in certain\n sectors namely construction, agriculture, cleaning and hotel/catering.
CONTENT: the\n centrepiece of the proposed Regulation is a general prohibition on the\n employment of third-country nationals who do not have the right to be\n resident in the EU. The Regulation sets out common sanctions and measures to\n be applied to employers who infringe that prohibition. In other words it is\n the employer, and not the illegally employed third-country national, who will\n be punished.
Checks on workers before being recruited: to ensure the effectiveness of the prohibition, employers would\n be required to undertake certain checks before recruiting a third-country\n national, the procedure for making complaints would be facilitated and Member\n States would be required to undertake a certain number of inspections.\n Employers who do not comply with these obligations will be required to fines\n and other administrative measures.
Sanctions\n on employers: the proposal covers not only\n natural or legal persons employing others in the course of business\n activities, but also private individuals when they act as employers.\n Employers of illegally staying third country nations who have not carried out\n the pre-recruitment check would be liable to sanctions consisting of:
- fines:\n including the cost of returning illegally staying third country nationals;
- repayment\n of outstanding wages, taxes and social security contributions;
- if\n appropriate other administrative measures, including the loss of\n subsidies (including EU funding) for up to 5 years and disqualification for\n up to 5 years.
As regards administrative fines and other measures, these may not\n be enough to deter certain employers. Member States would therefore be\n required to provide for criminal penalties for four types of serious cases:
- \n repeated infringements;
- \n the employment of a significant number of\n third-country nationals;
- \n particularly exploitative working conditions;
- \n where the employer knows that the worker is a\n victim of human trafficking.
To ensure in particular that individual employers are liable to\n criminal sanctions only in serious cases, a repeated infringement is\n criminalised only where it is the third infringement within a two-year\n period.
Subcontractors: in view of the\n prevalence of subcontracting in certain affected sectors, it is necessary to\n ensure that all the undertakings in a chain of subcontracting are held\n jointly and severally liable to pay financial sanctions against an employer\n at the end of the chain who employs illegally staying third-country\n nationals.
Complaints mechanism: in a bid to make enforcement of the Directive more effective it\n is proposed that mechanisms should be put in place whereby third-country\n nationals can lodge complaints either directly, or through designated third\n parties. Further, illegal immigrants who cooperate in proceedings may be able\n to benefit from a temporary residence permit - as already exists elsewhere\n under EU law for victims of human trafficking.
Enforcement: On a final point the proposed Directive requires the Member\n States to inspect at least 10% of their companies every year.
\nThe Council\n held a policy debate on two key issues in this proposal:
In the public\n debate, most delegations considered that, in order to combat the employment\n of illegally resident third-country nationals effectively, the Directive had\n to provide for effective sanctions. Most delegations were in favour of\n carrying out targeted high-quality inspections in the sectors of activity\n identified by each Member State as most open to abuse.
\nThe Committee\n on Civil Liberties, Justice and Home Affairs adopted a report drafted by\n Claudio FAVA (PSE, IT) and amended the proposal for a directive of the\n European Parliament and of the Council providing for sanctions against\n employers of illegally staying third-country nationals.
The main amendments – made in 1st reading of\n codecision procedure – are as follows :
Scope: Members felt that the scope of the directive was too narrow. The\n legal base, Article 63(3)(b) of the EC Treaty, does not cover measures\n relating to nationals of those Member States who have joined the EU since\n 2004 and 2007 and who are still subject to transitional arrangements, thereby\n limiting their free access to the labour markets of a number of the EU-15\n Member States. Members clarified that the Directive prohibits the employment\n of illegally staying third-country nationals in order to fight illegal immigration.\n To this end, it lays down minimum common standards on sanctions and measures\n to be applied in the Member States against employers who infringe this\n prohibition. \"Third-country national\" means any person who is not a\n citizen of the Union within the meaning of Article 17(1) of the Treaty and\n who is not a person enjoying the Community right of free movement, as defined\n in Article 2(5) of the Schengen Borders Code.
Employers'\n obligations: Member States may provide for a\n simplified procedure for notification where the employer is a natural person\n and the employment is for his or her private purposes.
Financial\n sanctions: Member States may provide for reduced\n financial penalties in cases where the employer is a natural person who\n employs an illegally staying third country national for his or her private\n purposes and where no particularly exploitative working conditions are\n involved.
Back\n payments to be made by employers: Members'\n amendments to this clause clarified the nature of the payments that the employer\n is responsible for as well as the availability of effective procedures to\n claim the payment.
Other\n measures: the provisions of this Article are\n extended to EU funding and to EU procurement.
Subcontracting: Members stated that a contractor that has undertaken due\n diligence obligations as defined by national law shall not be held liable\n under the terms of the legislation.
Criminal\n offence: it is added that contraventions may\n constitute a criminal offence, when the infringement relates to the illegal employment\n of a minor.
Inspections: Member States shall regularly identify the sectors of activity\n in which the employment of illegally staying third-country nationals are\n concentrated on their territory. In respect of each of those sectors, each\n year before 1 July they must communicate to the Commission the inspections,\n both in absolute numbers and as a percentage of the employers for each\n sector, carried out in the previous year as well as their results.
\nThe European Parliament amended, under the 1st reading of the codecision procedure, the proposal for a directive of the European Parliament and of the Council providing for sanctions against employers of illegally staying third-country nationals.
\nThe vote on the legislative resolution was postponed to a future plenary session in accordance with Article 51(2) of Parliament's Rules of Procedure. In the meantime, Members adopted the following main amendments to the directive, which were the result of a compromise negotiated with the Council:
\nScope: Members clarified that the Directive prohibits the employment of illegally staying third-country nationals in order to fight illegal immigration. To this end, it lays down minimum common standards on sanctions and measures to be applied in the Member States against employers who infringe this prohibition. \"Third-country national\" means any person who is not a citizen of the Union within the meaning of Article 17(1) of the Treaty and who is not a person enjoying the Community right of free movement, as defined in Article 2(5) of the Schengen Borders Code.
\nDefinitions: Parliament added definitions for \"legal person\"; \"temporary-work agency\"; \"particularly exploitative working conditions\" and \"remuneration of illegally staying third country national\".
\nEmployers' obligations: Member States may provide for a simplified procedure for notification where the employer is a natural person and the employment is for his or her private purposes. They may also provide that notification is not required where the employee has been granted a long term residence status under Council Directive 2003/109/EC. Employers who have fulfilled their obligations shall not be held liable for infringing the prohibition unless they know that the document presented as a valid residence permit or another authorisation for stay is a forgery.
\nFinancial sanctions: Member States may provide for reduced financial penalties in cases where the employer is a natural person who employs an illegally staying third country national for his or her private purposes and where no particularly exploitative working conditions are involved.
\nBack payments to be made by employers: Members' amendments to this clause clarified the nature of the payments that the employer is responsible for as well as the availability of effective procedures to claim the payment. Illegally employed third-country nationals shall be systematically and objectively informed about their rights under these provisions before the enforcement of any return decision.
\nOther measures: the provisions of this Article are extended to EU funding and to EU procurement.
\nSubcontracting: Members stated that a contractor that has undertaken due diligence obligations as defined by national law shall not be held liable under the terms of the legislation.
\nCriminal offence: it is added that contraventions may constitute a criminal offence, when the infringement relates to the illegal employment of a minor.
\nFacilitation of complaints: third parties which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that the provisions of the Directive are complied with, may engage either on behalf of or in support of an illegally employed third-country national, with his/her approval, in any administrative or civil proceedings provided for with the objective of implementing the Directive.
\nInspections: Member States shall regularly identify the sectors of activity in which the employment of illegally staying third-country nationals are concentrated on their territory. In respect of each of those sectors, each year before 1 July they must communicate to the Commission the inspections, both in absolute numbers and as a percentage of the employers for each sector, carried out in the previous year as well as their results.
\nPenalties for legal persons: Member States may decide that a list of employers who are legal persons and who have been held liable for the criminal offence is rendered public.\n
The European Parliament finally adopted, by 522 to 105\n with 34 abstentions, a legislative resolution amending the proposal for a\n directive of the European Parliament and of the Council providing for\n sanctions against employers of illegally staying third-country nationals.
The vote for the amendments made by Parliament in its\n sitting of 4 February 2009 had been postponed to a later sitting.
Parliament approved the Commission proposal as amended on\n 4 February 2009 (please refer to the summary of the partial\n vote of that date.)
A Joint Statement by the European Parliament and the\n Council annexed to the resolution states that rules on subcontracting agreed\n upon in this Directive shall be without prejudice to other provisions on this\n issue to be adopted in future legislative instruments.
\nPURPOSE: to\n prohibit the employment of illegally staying third-country nationals in order\n to fight illegal immigration in the EU and to provide minimum common\n standards on sanctions and measures to be applied in the Member States\n against employers who infringe that prohibition.
LEGISLATIVE\n ACT: Directive 2009/52/EC of the European Parliament and of the Council\n providing for minimum standards on sanctions and measures against employers\n of illegally staying third-country nationals.
BACKGROUND: one\n of Europe’s greatest “pull” factors for illegal immigrants is the possibility\n of finding work and a better way of life in the European Union. Illegal\n immigrants help meet the needs of some employers who are willing to take\n advantage of workers prepared to undertake what are mostly low-skilled and\n low paid jobs. The scale of the phenomenon is hard to quantify and estimates\n vary from between 4.5 million to 8 million. Illegal employment is\n concentrated in certain sectors namely construction, agriculture, cleaning\n and hotel/catering. New rules are needed to put an end to abuses by\n unscrupulous employers who make contracts with illegally-staying providing\n them in the labour market with low salaries and poor labour conditions. \n To fight against illegal immigration, it is necessary to lay down a framework\n containing common sanctions and measures to be applied to employers who\n infringe that prohibition.
CONTENT:\n following a first reading agreement with the European Parliament, the\n European Parliament and the Council adopted a Directive aimed at fighting\n illegal immigration by prohibiting the employment of illegally staying\n third-country nationals. The Directive lays down minimum common\n standards on sanctions and measures to be applied in the EU Member States\n against employers who infringe that prohibition.
Obligations\n on employers: before employing a third-country\n national, Member States shall oblige employers to:
Member States\n may provide for a simplified procedure for notification where the\n employers are natural persons and the employment is for their private\n purposes. Member States may provide that notification is not required where\n the employee has been granted long-term residence status under Council\n Directive 2003/109/EC concerning the status of third-country nationals\n who are long-term residents.
Member States\n shall ensure that employers who have fulfilled their obligations shall not be\n held liable for an infringement of the prohibition unless the employers knew\n that the document presented as a valid residence permit or another\n authorisation for stay was a forgery.
Sanctions: to enforce the general prohibition and to deter infringements,\n Member States should provide for appropriate sanctions.
1)\n financial sanctions: these shall include:
Member States\n may provide for reduced financial sanctions where the employer is a natural\n person who employs an illegally staying third-country national for his or her\n private purposes and where no particularly exploitative working conditions\n are involved.
2) Back\n payments to be made by employers: in respect of\n each infringement of the prohibition, Member States shall ensure that the employer\n shall be liable to pay:
3) Other\n measures: Member States shall take the necessary\n measures to ensure that employers shall also, if appropriate, be subject to\n the following measures:
4) Criminal\n offence: Member States shall ensure that the\n infringement of the prohibition constitutes a criminal offence when committed\n intentionally, in each of the following circumstances as defined by\n national law: (i) the infringement continues or is persistently repeated;\n (ii) the infringement is in respect of the simultaneous employment of a\n significant number of illegally staying third-country nationals; (iii) the\n infringement is accompanied by particularly exploitative working conditions;\n (iv) the infringement is committed by an employer who, while not having been\n charged with or convicted of an offence
established\n pursuant to Framework Decision 2002/629/JHA, uses work or services exacted\n from an illegally staying third-country national with the knowledge that he\n or she is a victim of trafficking in human beings; (v) the infringement\n relates to the illegal employment of a minor.
Member States\n shall ensure that inciting, aiding and abetting the intentional conduct is\n punishable as a criminal offence.
Rights to\n third-country nationals employed illegally: it is\n also provides that third-country nationals employed illegally may also\n benefit from the following rights:
Right to\n claim for outstanding remuneration: Member States\n shall enact mechanisms to ensure that illegally employed third-country\n nationals:
Right to be\n informed: illegally employed third-country\n nationals shall be systematically and objectively informed about their rights\n before the enforcement of any return decision.
Right to\n complain: Member States shall ensure that there\n are effective mechanisms through which third-country nationals in illegal\n employment may lodge complaints against their employers, directly or through\n third parties designated by Member States such as trade unions or other\n associations or a competent authority of the Member State when provided for\n by national legislation. Providing assistance to third-country nationals to\n lodge complaints shall not be considered as facilitation of unauthorised\n residence. Member States shall define in national law the conditions under\n which they may grant, on a case-by-case basis, permits of limited duration,\n linked to the length of the relevant national proceedings, to the\n third-country nationals involved, under arrangements comparable to those\n applicable to third-country nationals who fall within the scope of Directive\n 2004/81/EC.
Subcontracting: where the employer is a subcontractor, Member States shall\n ensure that the contractor of which the employer is a direct subcontractor\n may, in addition to or in place of the employer, be liable to pay: (i) any\n financial sanction imposed under this Directive; (ii) any back payments due.\n Member States may provide for more stringent liability rules under\n national law.
Legal\n persons: a legal person held responsible for a\n criminal offence shall also be held liable in every M
Liability of\n legal persons: Member States shall ensure that legal persons may be held\n liable for the offence referred to this Directive where such an offence has\n been committed for their benefit by any person
who has a\n leading position within the legal person, acting either individually or as\n part of an organ of the legal person, on the basis of: (a) a power of\n representation of the legal person; (b) an authority to take decisions on\n behalf of the legal person; or (c) an authority to exercise control within\n the legal person.
Member States\n shall also ensure that a legal person may be held liable where the lack of\n supervision or control has made possible the commission of the criminal\n offence for the benefit of that legal person by a person under its authority.
As regards the\n penalties for legal persons, the Directive provides that Member States\n may decide that a list of employers who are legal persons and who have been\n held liable for the criminal offence is made public.
Inspections: to ensure a satisfactory level of enforcement of this Directive\n and to reduce, as far as possible, differences in the level of enforcement in\n the Member States, Member States should ensure that effective and adequate\n inspections are carried out on their territory and should communicate data on\n the inspections they carry out to the Commission before 1 July of each year.\n Member States shall, on the basis of a risk assessment, regularly identify\n the sectors of activity in which the employment of illegally staying\n third-country nationals is concentrated on their territory.
More\n favourable provisions: Member States may adopt or\n maintain provisions that are more favourable to third-country nationals (in\n particular back payments to be made by employers and facilitation of\n complaints) or eventually, in certain cases, impose stricter obligations on\n employers.
to whom\n it applies in relation with Articles 6 and 13, provided that such provisions\n are compatible with this Directive.
Report: by 20 July 2014, and every three years thereafter, the\n Commission shall submit a report to the European Parliament and the Council\n including, where appropriate, proposals for amending pertinent provisions of\n the Directive.
Territorial\n provisions: Ireland, the United Kingdom and Denmark are not taking part in the adoption of this Directive and are therefore\n not bound by it or subject to its application.
ENTRY INTO FORCE: 20.07.2009.
TRANSPOSITION: 20.07.2011.
\nPURPOSE: to\n sanction employers who illegally employ third-country nationals.
PROPOSED ACT:\n Directive of the European Parliament and of the Council.
BACKGROUND:\n this proposal forms part of the EU’s overall policy to develop a\n comprehensive migration policy. In this instance the proposed Regulation\n specifically targets employers who employ third-country nationals who are\n working in the Community illegally.
One of Europe’s gre atest “pull” factors for illegal immigrants is the possibility of finding\n work and a better way of life in the European Union. Illegal immigrants help\n meet the needs of some employers who are willing to take advantage of workers\n prepared to undertake what are mostly low-skilled and low paid jobs. The\n scale of the phenomenon is hard to quantify and estimates vary from between\n 4.5 million to 8 million. Illegal employment is concentrated in certain\n sectors namely construction, agriculture, cleaning and hotel/catering.
CONTENT: the\n centrepiece of the proposed Regulation is a general prohibition on the\n employment of third-country nationals who do not have the right to be\n resident in the EU. The Regulation sets out common sanctions and measures to\n be applied to employers who infringe that prohibition. In other words it is\n the employer, and not the illegally employed third-country national, who will\n be punished.
Checks on workers before being recruited: to ensure the effectiveness of the prohibition, employers would\n be required to undertake certain checks before recruiting a third-country\n national, the procedure for making complaints would be facilitated and Member\n States would be required to undertake a certain number of inspections.\n Employers who do not comply with these obligations will be required to fines\n and other administrative measures.
Sanctions\n on employers: the proposal covers not only\n natural or legal persons employing others in the course of business\n activities, but also private individuals when they act as employers.\n Employers of illegally staying third country nations who have not carried out\n the pre-recruitment check would be liable to sanctions consisting of:
- fines:\n including the cost of returning illegally staying third country nationals;
- repayment\n of outstanding wages, taxes and social security contributions;
- if\n appropriate other administrative measures, including the loss of\n subsidies (including EU funding) for up to 5 years and disqualification for\n up to 5 years.
As regards administrative fines and other measures, these may not\n be enough to deter certain employers. Member States would therefore be\n required to provide for criminal penalties for four types of serious cases:
- \n repeated infringements;
- \n the employment of a significant number of\n third-country nationals;
- \n particularly exploitative working conditions;
- \n where the employer knows that the worker is a\n victim of human trafficking.
To ensure in particular that individual employers are liable to\n criminal sanctions only in serious cases, a repeated infringement is\n criminalised only where it is the third infringement within a two-year\n period.
Subcontractors: in view of the\n prevalence of subcontracting in certain affected sectors, it is necessary to\n ensure that all the undertakings in a chain of subcontracting are held\n jointly and severally liable to pay financial sanctions against an employer\n at the end of the chain who employs illegally staying third-country\n nationals.
Complaints mechanism: in a bid to make enforcement of the Directive more effective it\n is proposed that mechanisms should be put in place whereby third-country\n nationals can lodge complaints either directly, or through designated third\n parties. Further, illegal immigrants who cooperate in proceedings may be able\n to benefit from a temporary residence permit - as already exists elsewhere\n under EU law for victims of human trafficking.
Enforcement: On a final point the proposed Directive requires the Member\n States to inspect at least 10% of their companies every year.
\nThe Council\n held a policy debate on two key issues in this proposal:
In the public\n debate, most delegations considered that, in order to combat the employment\n of illegally resident third-country nationals effectively, the Directive had\n to provide for effective sanctions. Most delegations were in favour of\n carrying out targeted high-quality inspections in the sectors of activity\n identified by each Member State as most open to abuse.
\nThe Committee\n on Civil Liberties, Justice and Home Affairs adopted a report drafted by\n Claudio FAVA (PSE, IT) and amended the proposal for a directive of the\n European Parliament and of the Council providing for sanctions against\n employers of illegally staying third-country nationals.
The main amendments – made in 1st reading of\n codecision procedure – are as follows :
Scope: Members felt that the scope of the directive was too narrow. The\n legal base, Article 63(3)(b) of the EC Treaty, does not cover measures\n relating to nationals of those Member States who have joined the EU since\n 2004 and 2007 and who are still subject to transitional arrangements, thereby\n limiting their free access to the labour markets of a number of the EU-15\n Member States. Members clarified that the Directive prohibits the employment\n of illegally staying third-country nationals in order to fight illegal immigration.\n To this end, it lays down minimum common standards on sanctions and measures\n to be applied in the Member States against employers who infringe this\n prohibition. \"Third-country national\" means any person who is not a\n citizen of the Union within the meaning of Article 17(1) of the Treaty and\n who is not a person enjoying the Community right of free movement, as defined\n in Article 2(5) of the Schengen Borders Code.
Employers'\n obligations: Member States may provide for a\n simplified procedure for notification where the employer is a natural person\n and the employment is for his or her private purposes.
Financial\n sanctions: Member States may provide for reduced\n financial penalties in cases where the employer is a natural person who\n employs an illegally staying third country national for his or her private\n purposes and where no particularly exploitative working conditions are\n involved.
Back\n payments to be made by employers: Members'\n amendments to this clause clarified the nature of the payments that the employer\n is responsible for as well as the availability of effective procedures to\n claim the payment.
Other\n measures: the provisions of this Article are\n extended to EU funding and to EU procurement.
Subcontracting: Members stated that a contractor that has undertaken due\n diligence obligations as defined by national law shall not be held liable\n under the terms of the legislation.
Criminal\n offence: it is added that contraventions may\n constitute a criminal offence, when the infringement relates to the illegal employment\n of a minor.
Inspections: Member States shall regularly identify the sectors of activity\n in which the employment of illegally staying third-country nationals are\n concentrated on their territory. In respect of each of those sectors, each\n year before 1 July they must communicate to the Commission the inspections,\n both in absolute numbers and as a percentage of the employers for each\n sector, carried out in the previous year as well as their results.
\nThe European Parliament amended, under the 1st reading of the codecision procedure, the proposal for a directive of the European Parliament and of the Council providing for sanctions against employers of illegally staying third-country nationals.
\nThe vote on the legislative resolution was postponed to a future plenary session in accordance with Article 51(2) of Parliament's Rules of Procedure. In the meantime, Members adopted the following main amendments to the directive, which were the result of a compromise negotiated with the Council:
\nScope: Members clarified that the Directive prohibits the employment of illegally staying third-country nationals in order to fight illegal immigration. To this end, it lays down minimum common standards on sanctions and measures to be applied in the Member States against employers who infringe this prohibition. \"Third-country national\" means any person who is not a citizen of the Union within the meaning of Article 17(1) of the Treaty and who is not a person enjoying the Community right of free movement, as defined in Article 2(5) of the Schengen Borders Code.
\nDefinitions: Parliament added definitions for \"legal person\"; \"temporary-work agency\"; \"particularly exploitative working conditions\" and \"remuneration of illegally staying third country national\".
\nEmployers' obligations: Member States may provide for a simplified procedure for notification where the employer is a natural person and the employment is for his or her private purposes. They may also provide that notification is not required where the employee has been granted a long term residence status under Council Directive 2003/109/EC. Employers who have fulfilled their obligations shall not be held liable for infringing the prohibition unless they know that the document presented as a valid residence permit or another authorisation for stay is a forgery.
\nFinancial sanctions: Member States may provide for reduced financial penalties in cases where the employer is a natural person who employs an illegally staying third country national for his or her private purposes and where no particularly exploitative working conditions are involved.
\nBack payments to be made by employers: Members' amendments to this clause clarified the nature of the payments that the employer is responsible for as well as the availability of effective procedures to claim the payment. Illegally employed third-country nationals shall be systematically and objectively informed about their rights under these provisions before the enforcement of any return decision.
\nOther measures: the provisions of this Article are extended to EU funding and to EU procurement.
\nSubcontracting: Members stated that a contractor that has undertaken due diligence obligations as defined by national law shall not be held liable under the terms of the legislation.
\nCriminal offence: it is added that contraventions may constitute a criminal offence, when the infringement relates to the illegal employment of a minor.
\nFacilitation of complaints: third parties which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that the provisions of the Directive are complied with, may engage either on behalf of or in support of an illegally employed third-country national, with his/her approval, in any administrative or civil proceedings provided for with the objective of implementing the Directive.
\nInspections: Member States shall regularly identify the sectors of activity in which the employment of illegally staying third-country nationals are concentrated on their territory. In respect of each of those sectors, each year before 1 July they must communicate to the Commission the inspections, both in absolute numbers and as a percentage of the employers for each sector, carried out in the previous year as well as their results.
\nPenalties for legal persons: Member States may decide that a list of employers who are legal persons and who have been held liable for the criminal offence is rendered public.\n
The European Parliament finally adopted, by 522 to 105\n with 34 abstentions, a legislative resolution amending the proposal for a\n directive of the European Parliament and of the Council providing for\n sanctions against employers of illegally staying third-country nationals.
The vote for the amendments made by Parliament in its\n sitting of 4 February 2009 had been postponed to a later sitting.
Parliament approved the Commission proposal as amended on\n 4 February 2009 (please refer to the summary of the partial\n vote of that date.)
A Joint Statement by the European Parliament and the\n Council annexed to the resolution states that rules on subcontracting agreed\n upon in this Directive shall be without prejudice to other provisions on this\n issue to be adopted in future legislative instruments.
\nPURPOSE: to\n prohibit the employment of illegally staying third-country nationals in order\n to fight illegal immigration in the EU and to provide minimum common\n standards on sanctions and measures to be applied in the Member States\n against employers who infringe that prohibition.
LEGISLATIVE\n ACT: Directive 2009/52/EC of the European Parliament and of the Council\n providing for minimum standards on sanctions and measures against employers\n of illegally staying third-country nationals.
BACKGROUND: one\n of Europe’s greatest “pull” factors for illegal immigrants is the possibility\n of finding work and a better way of life in the European Union. Illegal\n immigrants help meet the needs of some employers who are willing to take\n advantage of workers prepared to undertake what are mostly low-skilled and\n low paid jobs. The scale of the phenomenon is hard to quantify and estimates\n vary from between 4.5 million to 8 million. Illegal employment is\n concentrated in certain sectors namely construction, agriculture, cleaning\n and hotel/catering. New rules are needed to put an end to abuses by\n unscrupulous employers who make contracts with illegally-staying providing\n them in the labour market with low salaries and poor labour conditions. \n To fight against illegal immigration, it is necessary to lay down a framework\n containing common sanctions and measures to be applied to employers who\n infringe that prohibition.
CONTENT:\n following a first reading agreement with the European Parliament, the\n European Parliament and the Council adopted a Directive aimed at fighting\n illegal immigration by prohibiting the employment of illegally staying\n third-country nationals. The Directive lays down minimum common\n standards on sanctions and measures to be applied in the EU Member States\n against employers who infringe that prohibition.
Obligations\n on employers: before employing a third-country\n national, Member States shall oblige employers to:
Member States\n may provide for a simplified procedure for notification where the\n employers are natural persons and the employment is for their private\n purposes. Member States may provide that notification is not required where\n the employee has been granted long-term residence status under Council\n Directive 2003/109/EC concerning the status of third-country nationals\n who are long-term residents.
Member States\n shall ensure that employers who have fulfilled their obligations shall not be\n held liable for an infringement of the prohibition unless the employers knew\n that the document presented as a valid residence permit or another\n authorisation for stay was a forgery.
Sanctions: to enforce the general prohibition and to deter infringements,\n Member States should provide for appropriate sanctions.
1)\n financial sanctions: these shall include:
Member States\n may provide for reduced financial sanctions where the employer is a natural\n person who employs an illegally staying third-country national for his or her\n private purposes and where no particularly exploitative working conditions\n are involved.
2) Back\n payments to be made by employers: in respect of\n each infringement of the prohibition, Member States shall ensure that the employer\n shall be liable to pay:
3) Other\n measures: Member States shall take the necessary\n measures to ensure that employers shall also, if appropriate, be subject to\n the following measures:
4) Criminal\n offence: Member States shall ensure that the\n infringement of the prohibition constitutes a criminal offence when committed\n intentionally, in each of the following circumstances as defined by\n national law: (i) the infringement continues or is persistently repeated;\n (ii) the infringement is in respect of the simultaneous employment of a\n significant number of illegally staying third-country nationals; (iii) the\n infringement is accompanied by particularly exploitative working conditions;\n (iv) the infringement is committed by an employer who, while not having been\n charged with or convicted of an offence
established\n pursuant to Framework Decision 2002/629/JHA, uses work or services exacted\n from an illegally staying third-country national with the knowledge that he\n or she is a victim of trafficking in human beings; (v) the infringement\n relates to the illegal employment of a minor.
Member States\n shall ensure that inciting, aiding and abetting the intentional conduct is\n punishable as a criminal offence.
Rights to\n third-country nationals employed illegally: it is\n also provides that third-country nationals employed illegally may also\n benefit from the following rights:
Right to\n claim for outstanding remuneration: Member States\n shall enact mechanisms to ensure that illegally employed third-country\n nationals:
Right to be\n informed: illegally employed third-country\n nationals shall be systematically and objectively informed about their rights\n before the enforcement of any return decision.
Right to\n complain: Member States shall ensure that there\n are effective mechanisms through which third-country nationals in illegal\n employment may lodge complaints against their employers, directly or through\n third parties designated by Member States such as trade unions or other\n associations or a competent authority of the Member State when provided for\n by national legislation. Providing assistance to third-country nationals to\n lodge complaints shall not be considered as facilitation of unauthorised\n residence. Member States shall define in national law the conditions under\n which they may grant, on a case-by-case basis, permits of limited duration,\n linked to the length of the relevant national proceedings, to the\n third-country nationals involved, under arrangements comparable to those\n applicable to third-country nationals who fall within the scope of Directive\n 2004/81/EC.
Subcontracting: where the employer is a subcontractor, Member States shall\n ensure that the contractor of which the employer is a direct subcontractor\n may, in addition to or in place of the employer, be liable to pay: (i) any\n financial sanction imposed under this Directive; (ii) any back payments due.\n Member States may provide for more stringent liability rules under\n national law.
Legal\n persons: a legal person held responsible for a\n criminal offence shall also be held liable in every M
Liability of\n legal persons: Member States shall ensure that legal persons may be held\n liable for the offence referred to this Directive where such an offence has\n been committed for their benefit by any person
who has a\n leading position within the legal person, acting either individually or as\n part of an organ of the legal person, on the basis of: (a) a power of\n representation of the legal person; (b) an authority to take decisions on\n behalf of the legal person; or (c) an authority to exercise control within\n the legal person.
Member States\n shall also ensure that a legal person may be held liable where the lack of\n supervision or control has made possible the commission of the criminal\n offence for the benefit of that legal person by a person under its authority.
As regards the\n penalties for legal persons, the Directive provides that Member States\n may decide that a list of employers who are legal persons and who have been\n held liable for the criminal offence is made public.
Inspections: to ensure a satisfactory level of enforcement of this Directive\n and to reduce, as far as possible, differences in the level of enforcement in\n the Member States, Member States should ensure that effective and adequate\n inspections are carried out on their territory and should communicate data on\n the inspections they carry out to the Commission before 1 July of each year.\n Member States shall, on the basis of a risk assessment, regularly identify\n the sectors of activity in which the employment of illegally staying\n third-country nationals is concentrated on their territory.
More\n favourable provisions: Member States may adopt or\n maintain provisions that are more favourable to third-country nationals (in\n particular back payments to be made by employers and facilitation of\n complaints) or eventually, in certain cases, impose stricter obligations on\n employers.
to whom\n it applies in relation with Articles 6 and 13, provided that such provisions\n are compatible with this Directive.
Report: by 20 July 2014, and every three years thereafter, the\n Commission shall submit a report to the European Parliament and the Council\n including, where appropriate, proposals for amending pertinent provisions of\n the Directive.
Territorial\n provisions: Ireland, the United Kingdom and Denmark are not taking part in the adoption of this Directive and are therefore\n not bound by it or subject to its application.
ENTRY INTO FORCE: 20.07.2009.
TRANSPOSITION: 20.07.2011.
\n