2010/0210(COD) | [ParlTrack]

Proposal for a directive
Recital 6

(6) This Directive should contribute to the effective management of migration flows for the specific category of seasonal temporary migration by setting out fair and transparent rules for admission and stay, while at the same time providing for incentives and safeguards to prevent temporary stay from becoming permanent. In addition, the rules laid down in Directive 2009/52/EC of the European Parliament and of the ~~European~~ Council providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals will contribute to avoiding such temporary stay turning into illegal stay. This Directive should, in addition, help to protect women in particular from precarious employment and exploitation.

Amendment 16 #

Ilda FIGUEIREDO

Proposal for a directive
Recital 6 a (new)

(6a) Member States should ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, adopted by the United Nations General Assembly on 18 December 1990.

Amendment 17 #

Proposal for a directive
Recital 7 a (new)

(7a) This Directive should be applied in accordance with the principle of subsidiarity, especially with regard to national laws on short-term employment, including seasonal employment.

Amendment 18 #

Proposal for a directive
Recital 16

(16) The duration of stay should be limited to a maximum period per calendar year which, together with the definition of seasonal work, should ensure that the work is of genuinely seasonal nature. Provision should be made that within that maximum duration of stay, an extension of the contract or change of employer is possible. This should serve to reduce risks of abuses that seasonal workers may face if tied to a single employer and at the same time provide for a flexible response to employers‘’ actual workforce needs. This should not affect the right of third- country nationals to stay in the host Member State under different types of permits and visas.

Amendment 19 #

Proposal for a directive
Recital 16 a (new)

(16a) Third-country seasonal workers should be duly informed of their rights and obligations when they are issued with their work permits. The necessary information should be supplied by the competent authority of the host Member State. It should be as clear and accessible as possible, so as to enable the third- country seasonal workers to understand that any wrongdoing will be punished. Measures should be taken against any infringement of their rights by their employer and/or any third party as well as against those who engage in undeclared work simultaneously with their seasonal employment.

Amendment 20 #

Proposal for a directive
Recital 17

(17) Circular migration of third-country national seasonal workers should be promoted. In order for seasonal workers to have employment prospects in the EU for periods beyond a single season and for EU employers to be able to rely on a more stable and already trained workforce, the possibility of access to seasonal employment for several consecutive years should be provided, either through a multi- seasonal worker permit or a facilitated procedure. This procedure should include preference ~~over admissions of third- country nationals applying to be admitted as seasonal workers for the first time or~~for those applicants who have already applied to be admitted as seasonal workers and who have proved that they adhere to the terms of admission. This may include reduced processing times, or less documentary evidence being required.

Amendment 21 #

Antonyia PARVANOVA

Proposal for a directive
Recital 20 a (new)

(20a) In order to guarantee the safety and security of female workers who are more likely than male workers to be engaged in seasonal work, there is a need for clear and adequate provisions laying down the rights of female workers to negotiate working conditions with their employers, which focus in particular on special security provisions. Those provisions should cover all adverse situations which may confront female workers and access to quality health care.

Amendment 22 #

Proposal for a directive
Recital 23 a (new)

(23a) Seasonal workers can be vulnerable to exploitation by their employers. That being the case, governments, local authorities, trade unions, and other bodies need to remain in closer touch with a view to working together more actively to support seasonal workers – male and female alike – and to devise strategies to resolve their problems.

Amendment 23 #

Proposal for a directive
Recital 23 b (new)

(23b) Producing statistics on seasonal employment in the Member States should also help to clarify the differences between countries and highlight the role and specific problems of women who do seasonal work.

Amendment 24 #

Proposal for a directive
Article 11 – paragraph 1

1. Seasonal workers shall be allowed to reside for a maximum of six months in any calendar year, after which they shall return to a third country, unless they are entitled under national law to stay under a different permit or visa.

Amendment 25 #

Proposal for a directive
Article 16 – paragraph 1 – point 2 – paragraph 1 – point a

Amendment 26 #

Proposal for a directive
Article 16 – paragraph 1 – point 1 – first part

(a) freedom of association and affiliation and membership of an organisation representing workers where that organisation allows for the admission of temporary workers and workers who are non-residents of the host country or of any organisation whose members are engaged in a specific occupation, including the benefits conferred by such organisations, without prejudice to the national provisions on public policy and public security;

Amendment 27 #

Proposal for a directive
Article 17 – paragraph 1 – introductory part

Member States shall ensure that third parties which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring compliance with this Directive, may engage either on behalf of or in support of a seasonal worker, with his/her approval, in any administrative or civil proceedings provided for with the objective of implementing this Directive. The host Member State where seasonal workers are to be employed shall inform them, when issuing them with their work permits, of the complaint procedures and victim support schemes available should their rights be violated, for instance in cases where they suffer ill-treatment or harassment or, more generally, fall victims to organised crime of any kind.

source: PE-454.725

2011/07/20 LIBE, EMPL 222 amendments...

Amendment 100 #

Proposal for a directive
Recital 16

(16) The duration of stay should be limited to a maximum period per ~~calendar~~ year which, together with the definition of seasonal work, should ensure that the work is of genuinely seasonal nature. Provision should be made that within that maximum duration of stay, an extension of the contract or change of employer is possible. This should serve to reduce risks of abuses that seasonal workers may face if tied to a single employer and at the same time provide for a flexible response to employers' actual workforce needs.

Amendment 101 #

Proposal for a directive
Recital 17

(17) Circular migration of third-country national seasonal workers should be promoted. In order for seasonal workers to have employment prospects in the EU for periods beyond a single season and for EU employers to be able to rely on a more stable and already trained workforce, the possibility of access to seasonal employment for several consecutive years should be provided, either through a multi- seasonal worker permit or a facilitated procedure. This procedure should include preference over admissions of third- country nationals applying to be admitted as seasonal workers for the first time or reduced processing times, or less documentary evidence being required, without succumbing to or provoking unwarranted discrimination on the grounds of race, gender, religion, or the political and philosophical beliefs of those applying for an admission permit. In each case, however, it must be shown that the preconditions for issuing the initial licence were in place in the case of the seasonal worker concerned.

Amendment 102 #

Proposal for a directive
Recital 17

(17) Circular migration of third-country national seasonal workers – which not only furthers social and economic development in the workers’ countries of origin and the host countries but also contributes to preventing illegal migration – should be promoted. In order for seasonal workers to have employment prospects in the EU for periods beyond a single season and for EU employers to be able to rely on a more stable and already trained workforce, the possibility of access to seasonal employment for several consecutive years should be provided, either through a multi- seasonal worker permit or a facilitated procedure, thus reducing the likelihood people outstaying the duration of their permits. This procedure should include preference over admissions of third- country nationals applying to be admitted as seasonal workers for the first time or reduced processing times, or less documentary evidence being required. It should be at the discretion of the Member States whether to issue multi-annual permits or to offer a facilitated procedure for third-country nationals applying for permits in consecutive years.

Amendment 103 #

Proposal for a directive
Recital 17

(17) ~~Circular migration of third-country national seasonal workers should be promoted.~~ In order for seasonal workers to have employment prospects in the EU for periods beyond a single season and for EU employers to be able to rely on a more stable and already trained workforce, the possibility of access to seasonal employment for several consecutive years should be provided, either through a multi- seasonal worker permit or a facilitated procedure. This procedure should include preference over admissions of third- country nationals applying to be admitted as seasonal workers for the first time or reduced processing times, or less documentary evidence being required. Such arrangements should not affect, or circumvent, the requirement that the employment be of a seasonal nature.

Amendment 104 #

Proposal for a directive
Recital 17

(17) ~~Circular migration of third-country national seasonal workers should be promoted.~~ In order for seasonal workers to have employment prospects in the EU for periods beyond a single season and for EU employers to be able to rely on a more stable and already trained workforce, the possibility of access to seasonal employment for several consecutive years should be provided~~, either through a multi- seasonal worker permit or~~ through a facilitated procedure. This procedure should include preference over admissions of third- country nationals applying to be admitted as seasonal workers for the first time or reduced processing times, or less documentary evidence being required.

Amendment 105 #

Cornelia ERNST, Marie-Christine VERGIAT

Proposal for a directive
Recital 17 a (new)

(17a) Member States should do their best to cooperate with third countries in seeking to ensure that information on conditions of entry and residence, including rights and procedural safeguards as laid down in this Directive and all documentary evidence needed for an application to reside and work in the territory of a Member State as a seasonal worker, is made available to prospective seasonal workers and employers.

Amendment 106 #

Proposal for a directive
Recital 17 a (new)

(17a) Subject also to Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third- country nationals, Member States should provide for effective, proportionate and dissuasive sanctions against employers in the event of breaches of their obligations under this Directive.

Amendment 107 #

Proposal for a directive
Recital 18

(18) A set of rules governing the procedure for examining applications for admission as a seasonal worker should be laid down. Those procedures should be effective and manageable, taking account of the normal workload of Member States’ administrations, as well as transparent and fair, in order to offer appropriate legal certainty to those concerned. A Member State should be able to reject an application if the would-be employer has been sanctioned under national law for undeclared or illegal employment, although due regard should be had in all cases to the gravity and nature of the offence committed.

Amendment 108 #

Proposal for a directive
Recital 18 a (new)

(18a) In order to reduce the risk of abuses, Member States should introduce a licensing system for recruitment agencies mandated to place third-country nationals as seasonal workers. The costs for placing services may be proportionate and borne by the employers. Member States should call on employers to recruit seasonal workers exclusively through individual applications or licensed agencies.

Amendment 109 #

Proposal for a directive
Recital 19

(19) In order to ensure that seasonal workers have adequate accommodation during their stay, ~~including~~ at a price that ais reasonable ~~cost~~and reflects the market rate in the area in question, provision should be made to require employers to provide the evidence of the accommodation they or third- parties can provide.

Amendment 110 #

Proposal for a directive
Recital 19

(19) In order to ensure that seasonal workers have adequate accommodation during their stay, including at a reasonable cost, provision should be made to require employers to provide the evidence of the accommodation they or third-parties provide. In cases where seasonal workers change their accommodation, they must declare this change to the competent authorities and demonstrate adequately the suitability of their new accommodation.

Amendment 111 #

Proposal for a directive
Recital 19

(19) In order to ensure that seasonal workers have adequate accommodation during their stay, including at a reasonable cost, provision should be made to require employers to provide the evidence of the accommodation they or third-parties provide. Employers should also be required to ensure that seasonal workers have enough income to live on and sufficient resources to return to their country of origin.

Amendment 112 #

Proposal for a directive
Recital 19 a (new)

(19a) Third-country nationals who are in possession of a valid travel document and a seasonal worker permit issued by a Member State in accordance with this Directive should be allowed to enter, and to move freely within, the territory of the Schengen Area Member States during their stay.

Amendment 113 #

Proposal for a directive
Recital 22 a (new)

(22a) To ensure the proper enforcement of this Directive, and in particular the provisions regarding rights, working conditions and accommodation, Member States should ensure that appropriate monitoring mechanisms of employers, recruitment agencies or other intermediaries are put in place and that effective and adequate inspections are carried out on their territory. With a view to increasing the effectiveness of those inspections, Member States should ensure that national legislation gives adequate powers and resources to competent authorities to carry out inspections; that the results of previous inspections are collected and processed for the effective implementation of this Directive; and that sufficient staff are available with the skills and qualifications needed to carry out inspections effectively.

Amendment 114 #

Proposal for a directive
Recital 22 a (new)

(22a) To ensure the proper enforcement of this Directive, and in particular the provisions regarding rights and working conditions, Member States should ensure that appropriate monitoring mechanisms are put in place and that effective and adequate inspections are carried out on their territory.

Amendment 115 #

Proposal for a directive
Recital 22 a (new)

(22a) To ensure the proper enforcement of this Directive, and in particular the provisions regarding rights, working conditions and accommodation, Member States should see that appropriate monitoring mechanisms are put in place to enable effective and adequate regular inspections to be carried out on their territory. With a view to increasing the effectiveness of such inspections, Member States should take care that their national legislation gives adequate powers and resources to competent authorities to carry out inspections, and to ensure that the results of previous inspections can be collected and processed for the effective implementation of this Directive and that sufficient staff are available with the skills and qualifications needed to carry out inspections effectively.

Amendment 116 #

Proposal for a directive
Recital 23

(23) To facilitate enforcement~~, relevant designated third parties such as trade unions or other associations should be able to lodge complaints in order to ensure effective applic~~ of the Directive, effective mechanisms should be established for the lodging of complaints directly or via designated third parties, such as trade union organisations o~~f the Directive~~r other associations. This is considered necessary to address situations where seasonal workers are unaware of the existence of enforcement mechanisms or hesitant to use these in their own name, out of fear of possible consequences. There should also be adequate judicial protection for seasonal workers following the lodging of a complaint.

Amendment 117 #

Proposal for a directive
Recital 23

(23) To facilitate enforcement, relevant designated third parties such as trade unions or other associations should be able to lodge complaints in order to ensure effective application of the Directive. This is considered necessary to address situations where seasonal workers or employers are unaware of the existence of enforcement mechanisms or hesitant to use these in their own name, out of fear of possible consequences.

Amendment 118 #

Proposal for a directive
Recital 23

(23) To facilitate enforcement, relevant designated third parties such as trade unions or other associations should be able to lodge complaints and file lawsuits in order to ensure effective application of the Directive. This is considered necessary to address situations where seasonal workers are unaware of the existence of enforcement mechanisms or hesitant to use these in their own name, out of fear of possible consequences.

Amendment 119 #

Cornelia ERNST, Marie-Christine VERGIAT, Thomas HÄNDEL

Proposal for a directive
Recital 24

(24) Since the objectives, namely the introduction of a special admission procedure and the adoption of conditions on entry and residence for the purpose of seasonal employment by third-country nationals, cannot be sufficiently achieved by Member States and can therefore be better achieved at Union level, the Union may adopt measures in accordance with the subsidiarity principle as set out in Article 5 of the Treaty on European Union, taking account of immigration and employment policies at European and national level. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

Amendment 120 #

Proposal for a directive
Recital 25

(25) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union as well as the principles laid down in conventions of the International Labour Organisation, in particular Convention 118 of 28 June 1962 on Equality of Treatment, Convention 97 of 1 July 1949 on Migration for Employment and Convention 143 of 24 June 1975 on Migrant Workers.

Amendment 121 #

Proposal for a directive
Article 1 – paragraph 1

This Directive determines the conditions of entry and residence of third-country nationals for the purposes of employment as seasonal workers, the type of work they may undertake in this capacity and the time they may remain in the Member State concerned for this purpose, and defines the rights of seasonal workers.

Amendment 122 #

Proposal for a directive
Article 2 – paragraph 1

1. This Directive shall apply to: a) third- country nationals who ~~reside outside~~apply to be admitted to the territory of a Member State for the purpose of employment as seasonal workers; (b) third-country nationals who are legally staying in the territory of ~~the~~a Member States and who apply ~~to be admitted to the territory of a Member State for the purpose of employment as seasonal workers~~for a seasonal worker permit in that Member State; (c) third-country nationals who have applied for international protection in a Member State under Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted1 and whose application has not yet been the subject of a final decision. ____________ 1 OJ L 304, 30.9.2004, p. 12.

Amendment 123 #

Anna Maria CORAZZA BILDT

Proposal for a directive
Article 2 – paragraph 1

1. This Directive shall apply to: a) third- country nationals who reside outside the territory of the Member States and apply to be admitted to the territory of a Member State for the purpose of employment as seasonal workers.; b) third country nationals who are legally residing in the territory of a Member State and who apply for a seasonal worker permit in a Member State;

Amendment 124 #

Proposal for a directive
Article 2 – paragraph 1

1. This Directive shall apply to third- country nationals who reside outside the territory of the Member States and apply to be admitted to the territory of a Member State for the purpose of employment as seasonal workers. Third country nationals who have entered EU territory illegally or who have entered legally under a procedure other than that described in this directive or who entered legally but at the time of the adoption of this directive are residing illegally within the territory of a Member State shall not be entitled to apply for acceptance as a seasonal worker.

Amendment 125 #

Jan MULDER

Proposal for a directive
Article 2 – paragraph 1 a (new)

1a. This directive shall apply to the agriculture, horticulture and tourism sectors. Member States may decide to extend its application to additional activities that are dependent on the passing of the seasons. This additional activity has to be approved by the Commission.

Amendment 126 #

Proposal for a directive
Article 2 – paragraph 1 a (new)

1a. This Directive shall apply to the agriculture, horticulture and tourism sectors. Member States may decide to extend its application to additional activities that are dependent on the passing of the season after consultation with the social partners.

Amendment 127 #

Proposal for a directive
Article 2 – paragraph 1 a (new)

Amendment 128 #

Proposal for a directive
Article 2 – paragraph 1 a (new)

1a. Each Member State, in agreement with the sectoral social partners concerned, shall determine which specific sectors of the economy meet the criteria for seasonal activity according to the definition of Article 3 (c).

Amendment 129 #

Proposal for a directive
Article 2 – paragraph 2 a (new)

This Directive shall apply to the agriculture, horticulture and tourism sectors, including the restaurant and hotel trades.

Amendment 130 #

Proposal for a directive
Article 3 – point b

(b) ‘seasonal worker’ means a third- country national who ~~retains a legal domicile in a third country but~~ resides temporarily for the purposes of employment in the territory of a Member State in a sector of activity dependent on the passing of the seasons, under one or more fixed-term work contracts concluded directly between the third-country national and the employer established in a Member State;

Amendment 131 #

Proposal for a directive
Article 3 – point b

(b) ‘seasonal worker’ means a third- country national who retains a legal domicile in a third country but resides temporarily for the purposes of employment in the territory of a Member State in a sector of activity dependent on the passing of the seasons, ~~under one or more fixed-term work~~within the scope of Article 2(3), under an employment contracts concluded directly between the third-country national and the employer established in a Member State;

Amendment 132 #

Proposal for a directive
Article 3 – point b

b) ‘seasonal worker’ means a third-country national who retains a legal domicile in a third country but resides temporarily for the purposes of employment in the territory of a Member State in a sector of activity dependent on the passing of the seasons or on collective living arrangements, under one or more fixed-term work contracts concluded directly between the third- country national and the employer established in a Member State;.

Amendment 133 #

Proposal for a directive
Article 3 – point b

(b) ‘seasonal worker’ means a third- country national who retains a legal domicile in a third country but resides temporarily for the purposes of employment in the territory of ~~a Member State~~the European Union in a sector of activity dependent on the passing of the seasons, under one or more fixed-term work contracts concluded directly between the third-country national and the employer established in a Member State;

Amendment 134 #

Proposal for a directive
Article 3 – point b

(b) ‘seasonal worker’ means a third- country national who retains a legal domicile in a third country but resides temporarily, for more than six months of a 12-month period, for the purposes of employment in the territory of a Member State in a sector of activity dependent on the passing of the seasons, according to Article 2(2), under one or more fixed-term work contracts concluded directly between the third-country national and the employer established in a Member State;

Amendment 135 #

Proposal for a directive
Article 3 – point c

c) ‘~~activity dependent on the passing of the seasons~~seasonal work’ means an activity that is tied to a certain time of the year by an event or pattern during which labour levels are required that are far above those necessary for usually ongoing operations;

Amendment 136 #

Proposal for a directive
Article 3 – point c

(c) ‘activity dependent on the passing of the seasons’ means an activity that is tied to a certain time of the year by an event or pattern during which labour levels are required that are far above those necessary for usually ongoing operations; the Member States should be given a possibility to define the sectors to which the Directive is applied.

Amendment 137 #

Claude MORAES, Sergio Gaetano COFFERATI

Proposal for a directive
Article 3 – point c

(c) ‘activity dependent on the passing of the seasons’ means an activity that is tied to a certain time of the year by an event or ~~pattern~~recurring series of events during which labour levels are required that are ~~far~~ above those necessary for usually ongoing operations;

Amendment 138 #

Proposal for a directive
Article 3 – point c

(c) ‘activity dependent on the passing of the seasons’ means an activity that is tied to a certain time of the year by an event or pattern ~~during which labour levels are required that are~~of events linked to seasonal conditions during which the required labour levels are regularly and predictably far above those necessary for usually ongoing operations;

Amendment 139 #

Proposal for a directive
Article 3 – point d

(d) ‘seasonal worker permit’ means the authorisation bearing the words ‘seasonal worker’ entitling its holder to reside and work in the territory of a Member State ~~under~~on the ~~term~~basis of ~~this Directive~~one or more fixed-term employment contracts;

Amendment 140 #

Proposal for a directive
Article 3 – point d

(d) ‘seasonal worker permit’ means the authorisation bearing the words ‘seasonal worker’ entitling its holder to reside and work in the territory of ~~a Member State~~the European Union under the terms of this Directive;

Amendment 141 #

Proposal for a directive
Article 3 – point d

(d) ‘seasonal worker permit’ means the authorisation bearing the words ‘seasonal worker’ entitling its holder to reside and work in the territory of a Member State under the terms of this Directive for a period of up to six months in any 12- month period;

Amendment 142 #

Proposal for a directive
Article 3 – point e

(e) ‘single application procedure’ means a procedure leading, on the basis of one application for the authorisation of a third- country national’s residence and work in the territory of a Member State, to a decision on the application;Does not affect the English version.

Amendment 143 #

Renate WEBER, Jan MULDER

Proposal for a directive
Article 3 – point e

(e) ‘single application procedure’ means a procedure leading, on the basis of one application ~~for the~~made by au th~~orisation of a third- country n~~ird-country national, or by his or her employer, for the authorisation~~al's~~ of residence and seasonal work in the territory of a Member State, to a decision ruling on theat application for a seasonal worker permit;

Amendment 144 #

Proposal for a directive
Article 3 – point e

(e) ‘single application procedure’ means a procedure leading, on the basis of one application for the authorisation of a third- country national’s residence and work in the territory of ~~a Member State~~the European Union, to a decision on the application;

Amendment 145 #

Proposal for a directive
Article 4 – paragraph 2

2. This Directive shall not affect the right of Member States to adopt or retain more favourable provisions for persons to whom it applies in respect of Articles 131 to 17 of this Directive.

Amendment 146 #

Proposal for a directive
Article 5 – paragraph 1 – introductory part

1. ~~Applications~~The Member States shall ensure that at least the following criteria for admission to a Member State under the terms of this Directive ~~shall be accompanied by the following documents~~are fulfilled:

Amendment 147 #

Hélène FLAUTRE, Judith SARGENTINI

Proposal for a directive
Article 5 – paragraph 1 – point a

(a) a valid fixed-term work contract or, as provided for in national law, a binding ~~job~~ offer to ~~work as a~~the seasonal worker of a job in order to work in that capacity in the Member State concerned with an employer established in the Member State that specifies the rate of pay and the working hours per week or month and, when applicable, other relevant working conditions;

Amendment 148 #

Proposal for a directive
Article 5 – paragraph 1 – point a

(a) a valid work contract or, as provided for in national law, a binding job offer to work as a seasonal worker in the Member State concerned with an employer established in the Member State that specifies, in the language(s) of the applicant and the employer, the rate of pay and the working hours per week or month and, when applicable, other relevant working conditions;

Amendment 149 #

Proposal for a directive
Article 5 – paragraph 1 – point a

(a) a valid work contract or, as provided for in national law, a binding job offer to work as a seasonal worker in the Member State concerned with an employer established in the Member State that specifies clearly the nature of the work, the rate of pay and the working hours per week or month and, when applicable, other relevant working conditions;

Amendment 150 #

Proposal for a directive
Article 5 – paragraph 1 – point b

~~b) a valid travel document, as determined by national law. Member States may require the period of the validity of the travel document to cover at least the duration of the residence permit;~~deleted

Amendment 151 #

Proposal for a directive
Article 5 – paragraph 1 – point b

(b) a valid travel document held by the seasonal worker, as determined by national law. Member States may require the period of the validity of the travel document to cover at least the duration of the residence permit;

Amendment 152 #

Proposal for a directive
Article 5 – paragraph 1 – point b

b) a valid travel document, as determined by national law. Member States mayust require the period of the validity of the travel document to cover ~~at least~~ the duration of the residence permit;

Amendment 153 #

Proposal for a directive
Article 5 – paragraph 1 – point c

(c) evidence ~~of having~~that the seasonal worker has or, if provided for by national law, ha~~ving~~s applied for sickness insurance for all the risks normally covered for nationals of the Member State concerned for periods where no such insurance coverage and corresponding entitlement to benefits are provided in connection with, or as a result of, the work contract;

Amendment 154 #

Proposal for a directive
Article 5 – paragraph 1 – point c

(c) notwithstanding Article 16(2)(b), evidence of having or, if provided for by national law, having applied for sickness insurance for all the risks normally covered for nationals of the Member State concerned for periods where no such insurance coverage and corresponding entitlement to benefits are provided in connection with, or as a result of, the work contract;

Amendment 155 #

Proposal for a directive
Article 5 – paragraph 1 – point c

Amendment 156 #

Proposal for a directive
Article 5 – paragraph 1 – point c a (new)

(ca) evidence, for example in the form of a certificate or diploma, that the seasonal worker, if national legislation so requires, possesses sufficient knowledge of the language(s) of the Member State concerned to be able to perform the seasonal work concerned and meet social needs;

Amendment 157 #

Proposal for a directive
Article 5 – paragraph 1 – point d

(d) evidence ~~of having~~that accommodation ais ~~set out in Article 14~~being provided for the seasonal worker.

Amendment 158 #

Proposal for a directive
Article 5 – paragraph 1 – point d

d) evidence of having accommodation or that accommodation will be provided, as set out in Article 14.

Amendment 159 #

Proposal for a directive
Article 5 – paragraph 1 – point d

δ(d) evidence of having suitable accommodation as set out in Article 14.

Amendment 160 #

Proposal for a directive
Article 5 – paragraph 1 – point d a (new)

(da) a signed commitment by the seasonal worker that he/she will return to his/her country of origin after the end of the work contract and undertake the obligation to present himself/herself at the national Consular office of the Member State in his/her country of origin within one month of his/her return. In case that a Member State does not have such an office in the third country then the seasonal worker must present himself/herself in the Consular office of another Member State or in the delegation of the EU.

Amendment 161 #

Proposal for a directive
Article 5 – paragraph 1 – point d a (new)

da. evidence showing that the applicant has not been convicted of a custodial sentence in his or her country of origin;

Amendment 162 #

Proposal for a directive
Article 5 – paragraph 1 – point d b (new)

db. Evidence that the applicant does not pose a threat to public health in the Member State in which the application is lodged;

Amendment 163 #

Proposal for a directive
Article 5 – paragraph 1 – point d c (new)

dc. Member States shall be entitled to request that the application be accompanied by other evidence and documents as they see fit with a view to achieving the objectives of this directive and of their national laws;

Amendment 164 #

Proposal for a directive
Article 5 – paragraph 1 a (new)

1a. Third-country nationals shall be in possession of a valid travel document, as determined by national law.

Amendment 165 #

Proposal for a directive
Article 5 – paragraph 2

2. Member States shall require that employers ensure decent pay so that the seasonal worker will have sufficient resources during his/her stay to maintain him/her without having recourse to the social assistance system of the Member State concerned.

Amendment 166 #

Proposal for a directive
Article 5 – paragraph 2

2. Member States shall require that the seasonal worker will have sufficient resources ~~during~~for the duration of his/her stay to maintain him/herself in the Member State concerned without having recourse to the social assistance system of theat Member State ~~concerned~~.

Amendment 167 #

Proposal for a directive
Article 5 – paragraph 2

2. Member States shall require that the seasonal worker will have sufficient resources during his/her stay to maintain him/herself without having recourse to the social assistance system of the Member State concerned, based on the documentation provided as set out in paragraph 1 (a)-(d).

Amendment 168 #

Proposal for a directive
Article 5 – paragraph 2 a (new)

2a. Member States may require that all conditions according to applicable laws, regulations, administrative provisions, collective agreements or practices applicable to comparable seasonal workers in the relevant occupational branches are met with regard to pay, insurance cover and other terms of employment.

Amendment 169 #

Proposal for a directive
Article 5 – paragraph 3

~~3. Third-country nationals who are considered to pose a threat to public policy, public security or public health shall not be admitted for the purposes of this Directive.~~deleted

Amendment 170 #

Proposal for a directive
Article 6 – paragraph 1 a (new)

1a. Member States shall reject an application for admission to a Member State for the purposes of this Directive in the cases set out in paragraph 1 and may reject an application particularly in the cases set out in paragraphs 2 to 4.

Amendment 171 #

Proposal for a directive
Article 6 – paragraph 2

2. Member States may verify whether the vacancy concerned could not be filled by national or EU, or by third-country nationals lawfully residing in the Member State and already forming part of its labour market by virtue of EU or national law and reject the application.deleted

Amendment 172 #

Marian-Jean MARINESCU

Proposal for a directive
Article 6 – paragraph 2

2. ~~Member States may~~Before taking the decision on an application for seasonal employment, Member States shall examine the situation of their labour market and shall verify whether the vacancy concerned could not be filled by national or EU, or by third- country nationals lawfully residing in the Member State and already forming part of its labour market by virtue of EU or national law and reject the application. Member States shall reject an application for seasonal employment in labour market sectors to which access to workers from other Member States is restricted on the basis of the transitional arrangements set out in the Acts of Accession of 16 April 2003 and 25 April 2005.

Amendment 173 #

Proposal for a directive
Article 6 – paragraph 2

2. Member States ~~may verify~~shall require employers of seasonal workers to verify in a timely and transparent manner whether the vacancy concerned could not be filled by national or EU, or by third-country nationals lawfully residing in the Member State and already forming part of its labour market by virtue of EU or national law and to provide evidence on the outcome of this verification. In case the verification proves that the vacancy could be filled by either of the three categories, Member States shall reject the application.

Amendment 174 #

Proposal for a directive
Article 6 – paragraph 2

2. Member States ~~may~~shall verify whether the vacancy concerned could not be filled by national or EU, or by third-country nationals lawfully residing in the Member State and already forming part of its labour market by virtue of EU or national law and reject the application.

Amendment 175 #

Proposal for a directive
Article 6 – paragraph 2

2. Member States ~~may~~shall verify whether the vacancy concerned could not be filled by EU national ~~or EU,~~s or by third-country nationals lawfully residing in the Member State and already forming part of its labour market by virtue of EU or national law and reject the application.

Amendment 176 #

Proposal for a directive
Article 6 – paragraph 2 a (new)

2a. Member States shall provide that private employment agencies or migration agencies shall not charge job-seekers or workers any fees in exchange for organising seasonal work or migration for seasonal work.

Amendment 177 #

Claude MORAES

Proposal for a directive
Article 6 – paragraph 3

3. Member States ~~may~~shall reject an application if the employer has, within one or more years prior to the application being made: (a) been sanctioned in conformity with national law for undeclared work and/or illegal employment, (b) been sanctioned under Article 12(a), or (c) failed to meet its legal obligations regarding working conditions, labour rights or social rights as provided for in national law.

Amendment 178 #

Proposal for a directive
Article 6 – paragraph 3

3. Member States ~~may~~shall reject an application if the employer has been sanctioned in conformity with national law for undeclared work and/or illegal employment.

Amendment 179 #

Proposal for a directive
Article 6 – paragraph 3

3. Member States may reject an application if the employer has been sanctioned repeatedly in conformity with national law for undeclared work and/or illegal employment.

Amendment 180 #

Proposal for a directive
Article 6 – paragraph 3

3. Member States ~~may~~shall reject an application i~~f the employer has been sanctioned in conformity with national law for undeclared work and/or illegal employment.~~n the following cases:

Amendment 181 #

Proposal for a directive
Article 6 – paragraph 3

3. Member States may reject an application if the employer has ~~been sanctioned in conformity with national law for undeclared work and/or illegal employment.~~:

Amendment 182 #

Proposal for a directive
Article 6 – paragraph 3

3. ~~Member States may reject an application if~~In the event that the employer has been sanctioned in conformity with national law for undeclared work and/or illegal employment. or for failure to meet legal obligations regarding working conditions or labour rights as provided for in national law or this Directive, the relevant Member State, before deciding to reject an application, shall give the applicant a deadline to find a new seasonal job.

Amendment 183 #

Proposal for a directive
Article 6 – paragraph 3

3. Member States ~~may~~shall reject an application if the employer has been sanctioned in conformity with national law for undeclared work ~~and/or~~, illegal employment and/or other unlawful activities.

Amendment 184 #

Proposal for a directive
Article 6 – paragraph 3 – point a (new)

(a) if the employer has been sanctioned in conformity with national law for undeclared work and/or illegal employment, and/or for failing to meet its legal obligations regarding working conditions or rights as enshrined in Article 16;

Amendment 185 #

Proposal for a directive
Article 6 – paragraph 3 – point a (new)

(a) been sanctioned in conformity with national law for undeclared work and/or illegal employment,

Amendment 186 #

Cornelia ERNST, Marie-Christine VERGIAT, Thomas HÄNDEL

Proposal for a directive
Article 6 – paragraph 3 – point b (new)

(b) if the employer has failed to pay his tax or social security contributions, or

Amendment 187 #

Proposal for a directive
Article 6 – paragraph 3 – point b (new)

(b) failed to meet the working conditions and remunerations as laid down in applicable collective agreements,

Amendment 188 #

Proposal for a directive
Article 6 – paragraph 3 – point c (new)

Amendment 189 #

Cornelia ERNST, Marie-Christine VERGIAT, Thomas HÄNDEL

Proposal for a directive
Article 6 – paragraph 3 – point c (new)

Amendment 190 #

Proposal for a directive
Article 6 – paragraph 3 – point d (new)

(d) the employer has failed to meet his obligations concerning taxation and social security,

Amendment 191 #

Proposal for a directive
Article 6 – paragraph 3 – point d (new)

(d) if the terms of the work contract have been violated.

Amendment 192 #

Proposal for a directive
Article 6 – paragraph 4

~~4. Member States may reject an application on the grounds of volumes of admission of third-country nationals.~~deleted

Amendment 193 #

Jan MULDER, Wim van de CAMP

Proposal for a directive
Article 6 – paragraph 4

4. Member States ~~may~~shall reject an application on the grounds of volumes of admission of third-country nationals.

Amendment 194 #

Proposal for a directive
Article 6 – paragraph 4

4. Member States may reject an application on the grounds of volumes of admission of third-country nationals. It should be avoided that the number of third country nationals who applies for seasonal work, should be greater than that of the nationals of the Member State who are looking to find a job as a seasonal worker.

Amendment 195 #

Proposal for a directive
Article 6 – paragraph 4

4. Member States may reject an application on the grounds of volumes of admission of third-country nationals in general or from certain third countries determined by themselves.

Amendment 196 #

Proposal for a directive
Article 6 – paragraph 4 a (new)

4a. Regarding volumes of admission, Member States may set quotas for certain professions, economic sectors of seasonal work or regions.

Amendment 197 #

Proposal for a directive
Article 6 – paragraph 4 a (new)

4a. Member States may reject an application for admission from anyone who has previously forfeited the right to legal residence on grounds of public order and safety, and in particular anyone who has been convicted in the territory of a Member State of committing an offence and been subject to the penalty of administrative expulsion. In the case of a criminal conviction, the applicant may not apply for admission for a period of time equal to the statutory limit laid down for that criminal offence under the law of the jurisdiction in which it was committed.

Amendment 198 #

Proposal for a directive
Article 6 – paragraph 4 b (new)

4b. Member States may reject an application on the grounds of the economic sectors determined by Member States in which the criteria laid down in Article 3(c) are fulfilled or on the grounds of certain temporal limits they have set for the enterprises in these economic sectors.

Amendment 199 #

Proposal for a directive
Article 7 – paragraph 2 – introductory part

2. Member States may withdraw or refuse to renew the permit issued on the basis of this Directive in any of the following cases:

Amendment 200 #

Proposal for a directive
Article 7 – paragraph 2 – introductory part

2. Member States may withdraw or refuse to renew the permit issued on the basis of this Directive particularly in the following cases:

Amendment 201 #

Proposal for a directive
Article 7 – paragraph 2 – introductory part

2. Member States may withdraw or refuse to renew the permit issued on the basis of this Directive in any of the following cases:

Amendment 202 #

Proposal for a directive
Article 7 – paragraph 2 – point a

(a) wherever the conditions laid down in Article 5 were not met or are no longer met; or

Amendment 203 #

Proposal for a directive
Article 7 – paragraph 2 – point b

~~b) for reasons of public policy, public security or public health.~~deleted

Amendment 204 #

Proposal for a directive
Article 7 – paragraph 2 – point b

(b) for reasons of public policy, public security or public health.; or

Amendment 205 #

Proposal for a directive
Article 7 – paragraph 2 – point b

(b) for reasons of public policy, public security or public health., in particular if:

Amendment 206 #

Proposal for a directive
Article 7 – paragraph 2 – point b – point i (new)

i) the employer has been sanctioned in conformity with national law for undeclared work and/or illegal employment,

Amendment 207 #

Proposal for a directive
Article 7 – paragraph 2 – point b – point ii (new)

ii) the employer has been sanctioned under Article 12(2),

Amendment 208 #

Proposal for a directive
Article 7 – paragraph 2 – point b – point iii (new)

iii) the employer has failed to meet the working conditions and remunerations as laid down in applicable collective agreements and national law,

Amendment 209 #

Proposal for a directive
Article 7 – paragraph 2 – point b – point iv (new)

iv) the employer has used third-country national seasonal workers to break a strike.

Amendment 210 #

Claude MORAES

Proposal for a directive
Article 7 – paragraph 2 – point b a (new)

(ba) the employer has failed to meet its legal obligations regarding working conditions, labour rights or social rights as provided for in national law.

Amendment 211 #

Proposal for a directive
Article 7 – paragraph 2 – point b a (new)

(ba) wherever one of the violations mentioned in Article 6(3) has been committed.

Amendment 212 #

Marian-Jean MARINESCU, Monica MACOVEI

Proposal for a directive
Article 8

Member States shall take the necessary measures to make available to prospective seasonal workers and employers information on conditions of entry and residence, including rights and procedural safeguards as provided for in this Directive and all documentary evidence needed for an application to reside and work in the territory of a Member State as a seasonal worker. This information shall be available to the public and shall be provided in a straightforward and comprehensible manner, in a language that the third-country nationals can speak and understand.

Amendment 213 #

Proposal for a directive
Article 8

Member States shall take the necessary measures to make available to prospective seasonal workers and employers information on conditions of entry and residence, including rights and procedural safeguards as laid down in this Directive and all documentary evidence needed for an application to reside and work in the territory of a Member State as a seasonal worker. That information shall be set out in a straightforward and comprehensible manner in a language known by the applicant.

Amendment 214 #

Proposal for a directive
Article 8 – paragraph 1 a (new)

1a. Member States shall ensure that the recruitment agencies or other intermediaries provide proper information regarding the rights and obligations of seasonal workers who are using their services.

Amendment 215 #

Proposal for a directive
Article 8 – paragraph 1 a (new)

1a. The Commission shall publish in its EU immigration Portal information on the conditions under which an eligible person can work as a seasonal worker in one of the Member States. Therefore, the Member States shall be encouraged to send to the Commission all the relevant information.

Amendment 216 #

Proposal for a directive
Article 8 – paragraph 1 a (new)

1a) When third-country nationals are granted a seasonal worker permit they shall be provided with information in writing about their rights under this Directive, including complaints procedures. This information shall be provided in a straightforward and comprehensible manner, in a language that the third-country nationals can speak and understand.

Amendment 217 #

Proposal for a directive
Article 8 – paragraph 1 b (new)

1b) Member States shall designate national and/or local contact points responsible for updating information and making it available to prospective seasonal workers, and providing seasonal workers with advice, where requested, prior to or during their period of stay in that Member State.

Amendment 218 #

Renate WEBER, Jan MULDER

Proposal for a directive
Article 9 – paragraph 1

1. Member States shall determine whether an application is to be made by the third- country national or by the employer. If the application is to be submitted by the third- country national, Member States shall allow the application to be introduced from a third country or, if provided for by national law, on the territory of the Member State in which he or she is already legally present.

Amendment 219 #

Proposal for a directive
Article 9 – paragraph 2

2. Member States shall designate the authority competent to receive the application and to issue the seasonal worker permit, as well as the appropriate authority or authorities to which third country nationals should declare any changes of residence.

Amendment 220 #

Proposal for a directive
Article 9 – paragraph 3 a (new)

3a. Member States may determine that the placement of seasonal workers from third countries must be carried out by a government agency.

Amendment 221 #

Proposal for a directive
Article 9 – paragraph 4

4. The Member State concerned and/or relevant authorities shall grant the third- country national whose application for admission has been accepted every facility to obtain the requisite visa.

Amendment 222 #

Proposal for a directive
Article 10 – paragraph 1

1. For stays exceeding three months, Member States may grant seasonal workers who fulfil the admission criteria as set out in Article 5 and for whom the competent authorities have taken a positive decision ~~shall be issued with~~ a seasonal worker permit or a long stay visa.

Amendment 223 #

Proposal for a directive
Article 10 – paragraph 1

1. ~~For stays exceeding three months, s~~Seasonal workers who fulfil the admission criteria as set out in Article 5 ~~and for whom the competent authorities have taken a positive decision~~ shall be issued with a seasonal worker permit.

Amendment 224 #

Salvatore IACOLINO, Roberta ANGELILLI, Clemente MASTELLA, Alfredo PALLONE

Proposal for a directive
Article 10 – paragraph 2

2. The seasonal worker permit shall be issued by the competent authorities of the Member States using the format as laid down in Council Regulation (EC) No 1030/2002. ~~In accordance with point (a) 6.4 of the Annex to that Regulation, Member States shall enter ‘seasonal worker’ under the heading ‘type of permit’~~The permit must clearly indicate that it is for the purpose of seasonal employment.

Amendment 225 #

Proposal for a directive
Article 10 – paragraph 2

2. The seasonal worker permit shall be a single document issued by the competent authorities of the Member States using the format as laid down in Council Regulation (EC) No 1030/2002. In accordance with point (a) 6.4 of the Annex to that Regulation, Member States shall enter ‘seasonal worker’ under the heading ‘type of permit’.

Amendment 226 #

Renate WEBER, Jan MULDER

Proposal for a directive
Article 10 – paragraph 2 a (new)

2a. The seasonal worker permit shall be a single document. Member States may indicate additional information related to the employment relationship of the third- country national in paper format, or store such data in electronic format as referred to in Article 4 of Regulation (EC) 1030/2002 and point 16 of its Annex I as amended by Regulation (EC) 380/2008.

Amendment 227 #

Proposal for a directive
Article 11 – paragraph 1

1. Seasonal workers shall be allowed to reside for a maximum of ~~six~~nine months in any ~~calendar year, after which~~12-month period, the Member States having discretion to fix a maximum duration of stay within that limit according to the needs of their respective national labour markets. On expiry of the maximum duration of stay in the country in question, they shall return to a third country.

Amendment 228 #

Proposal for a directive
Article 11 – paragraph 1

1. Seasonal workers shall be allowed to reside for ~~a maximum of six months in any calendar year, after which they shall return to a third country~~nine months. They may then be permitted to remain on the territory of the Member State concerned while looking for a position with a different employer.

Amendment 229 #

Proposal for a directive
Article 11 – paragraph 1

1. Seasonal workers shall be allowed to reside for a maximum of six months in any calendar year, after which they shall proceed or return to a third country.

Amendment 230 #

Jan MULDER

Proposal for a directive
Article 11 – paragraph 1

1. Seasonal workers shall be allowed to reside for a maximum of six months in any ~~calendar year~~period of 12 months, after which they shall return to a third country.

Amendment 231 #

Proposal for a directive
Article 11 – paragraph 1

1. Seasonal workers shall be allowed to reside for a maximum of six months in any ~~calendar year~~12-month period, after which they shall return to a third country.

Amendment 232 #

Proposal for a directive
Article 11 – paragraph 2

2. Within the ~~period referred to under paragraph 1~~maximum period of stay granted in the individual case, and provided that the criteria of Article 5 are met, seasonal workers shall be allowed to extend their contract or to be employed as seasonal worker with a different employer if the first employer has infringed workers’ rights.

Amendment 233 #

Proposal for a directive
Article 11 – paragraph 2

2. ~~Within the period referred to under paragraph 1, and p~~Provided that the criteria of Article 5 are met, seasonal workers shall be allowed to extend their contract or to be employed as seasonal worker with a different employer. They may be permitted to remain on the territory of the Member State concerned while looking for a position with a different employer.

Amendment 234 #

Proposal for a directive
Article 11 – paragraph 2

2. Within the six-month period referred to under paragraph 1, and provided that the criteria of Article 5 are met, seasonal workers shall be allowed to extend their contract or to be employed as seasonal worker with a different employer.

Amendment 235 #

Proposal for a directive
Article 12 – title

~~Facilitation of re-entry~~Refusal to grant authorisation

Amendment 236 #

Proposal for a directive
Article 12 – paragraph 1

1. Member States shall either: (a) upon application, issue up to three seasonal worker permits covering up to three subsequent seasons within one administrative act (‘multi-seasonal worker permit’), or (b) provide a facilitated procedure for third-country nationals who were admitted to that Member State as seasonal workers and who apply to be admitted as such in a subsequent year.deleted

Amendment 237 #

Proposal for a directive
Article 12 – paragraph 1 – introductory part

1. Member States shall ~~either:~~provide a facilitated procedure for third-country nationals who were admitted to that Member State as seasonal workers and who apply to be admitted as such in a subsequent year.

Amendment 238 #

Proposal for a directive
Article 12 – paragraph 1 – point a

~~(a) upon application, issue up to three seasonal worker permits covering up to three subsequent seasons within one administrative act (‘multi-seasonal worker permit’), or~~deleted

Amendment 239 #

Salvatore IACOLINO, Roberta ANGELILLI, Clemente MASTELLA, Alfredo PALLONE

Proposal for a directive
Article 12 – paragraph 1 – point a

(a) upon application, issue ~~up to three seasonal~~ worker permits covering up to three subsequent seasons within one administrative act (‘multi- seasonal worker permit’),

Amendment 240 #

Proposal for a directive
Article 12 – paragraph 1 – point a

a) upon application, issue up to three seasonal worker permits covering up to three subsequent seasons within one administrative act (‘multi-seasonal worker permit’),; where the application is lodged by a seasonal worker, the employer shall inform the competent authorities that he or she wishes to employ the worker concerned under a multi-seasonal employment contract;

Amendment 241 #

Proposal for a directive
Article 12 – paragraph 1 – point b

(b) provide a facilitated procedure for third-country nationals who were admitted to that Member State as seasonal workers and who apply to be admitted as such in a subsequent year provided that they can adequately demonstrate that the conditions laid down in Article 5(1) continue to apply to them.

Amendment 242 #

Proposal for a directive
Article 12 – paragraph 2 – introductory part

2. Member States ~~shall provide that~~may:

Amendment 243 #

Proposal for a directive
Article 12 – paragraph 2 – point a

a) a third-country national who has not complied with the obligations arising from the admission decision during a previous stay as a seasonal worker, and in particular with the obligation to return to a third country on the expiry of the permit, shall be excluded from admission as seasonal worker for one or more subsequent years;deleted

Amendment 244 #

Proposal for a directive
Article 12 – paragraph 2 – point a

(a) deny a third-country national who has not complied with the obligations arising from the admission decision during a previous stay as a seasonal worker, and in particular with the obligation to return to a third country on the expiry of the permit, shall be excluded from admission as seasonal worker for one or more subsequenadmission as a seasonal worker for so long as the Member State concerned chooses and for no matter what yrearson;

Amendment 245 #

Proposal for a directive
Article 12 – paragraph 2 – point a

(a) a third-country national who has not complied with the obligations arising from the admission decision during a previous stay as a seasonal worker, and in particular with the obligation to return to a third country on the expiry of the permit, shall be excluded from admission as seasonal worker for one ~~or more~~ subsequent years;

Amendment 246 #

Proposal for a directive
Article 12 – paragraph 2 – point a

(a) a third-country national who has not complied with the obligations arising from the admission decision during a previous stay as a seasonal worker, and in particular with the obligation to return to a third country on the expiry of the seasonal worker permit, shall be excluded from admission as seasonal worker for one or more subsequent years; the duration of the exclusion shall be determined under national law.

Amendment 247 #

Proposal for a directive
Article 12 – paragraph 2 – point a

(a) Member States shall provide that a third-country national who has not complied with the obligations arising from the admission decision during a previous stay as a seasonal worker, and in particular with the obligation to return to a third country on the expiry of the seasonal worker permit, ~~shall~~may be excluded from admission as a seasonal worker for one or more subsequent years;. Any exclusion shall be proportionate to the circumstances of the case.

Amendment 248 #

Proposal for a directive
Article 12 – paragraph 2 – point a

(a) a third-country national who has ~~not~~, in a severe manner, failed to compl~~ied~~y with the obligations arising from the admission decision during a previous stay as a seasonal worker, ~~and in particular with the obligation to return to a third country on the expiry of the permit,~~ shall be excluded from admission as seasonal worker for one or more subsequent years;

Amendment 249 #

Proposal for a directive
Article 12 – paragraph 2 – point a

(a) a third-country national who has not complied with the obligations arising from the admission decision during a previous stay as a seasonal worker, and in particular with the obligation to return to a third country on the expiry of the permit, or who has committed infringements and offences under the law of the Member State, shall be excluded from admission as seasonal worker for one or more subsequent years;

Amendment 250 #

Proposal for a directive
Article 12 – paragraph 2 – point b

(b) prohibit an employer who has not fulfilled the obligations arising out of the work contract shall be subject to effective, proportionate and dissuasive sanctions. Such employers shall be excluded from applications for seasonal workers for one or more subsequenfrom applying for seasonal workers for so long as the Member State concerned chooses and for no matter what yrearson.

Amendment 251 #

Salvatore IACOLINO, Roberta ANGELILLI, Clemente MASTELLA, Alfredo PALLONE

Proposal for a directive
Article 12 – paragraph 2 – point b

(b) an employer who has not fulfilled the obligations ~~arising out of the work contract~~based on national labour law shall be subject to effective, proportionate and dissuasive sanctions. Such employers shall be excluded from applications for seasonal workers for one or more subsequent years. However, any exclusion shall be proportionate to the circumstances of the case.

Amendment 252 #

Proposal for a directive
Article 12 a (new)

Article 12a Penalties for employers Without prejudice to Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009, providing for minimum standards on sanctions and measures against employers of illegally staying third country nationals1, the Member States shall draw up monitoring, assessment and inspection systems to combat and penalise any abuses, with particular reference to situations where workers are exploited by organised crime. ____________ 1 OJ L 168, 30.6.2009, p. 24.

Amendment 253 #

Marian-Jean MARINESCU, Monica MACOVEI

Proposal for a directive
Article 13 – paragraph 1

1. The competent authorities of the Member State shall adopt a decision on the application and notify the applicant in writing, in accordance with the notification procedures laid down in the national law of the Member State, within 30 days of the complete application being lodged. The procedural safeguard should not put seasonal workers from the new Member States of the EU, for whom transitional arrangements on the labour market still exist and entail lengthy application procedure, in a disadvantaged position.

Amendment 254 #

Proposal for a directive
Article 13 – paragraph 1 – subparagraph 1 a (new)

National law of the relevant Member State shall determine any consequence of a decision not having been taken by the end of the period provided for in the first subparagraph.

Amendment 255 #

Proposal for a directive
Article 13 – paragraph 2

2. Where the information supplied in support of the application is inadequate, the competent authorities shall notify the applicant within ~~a reasonable period~~10 working days of the additional information that is required and set a reasonable deadline for providing it.

Amendment 256 #

Claude MORAES, Sergio Gaetano COFFERATI

Proposal for a directive
Article 13 – paragraph 3

3. Any decision rejecting an application, or any decision not to renew or to withdraw the permit, shall be notified in writing to the ~~applicant~~third-country national concerned and, where relevant, to his employer in accordance with the notification procedures under the relevant national law and shall be open to a legal challenge in the Member State concerned, in accordance with national law. The notification shall specify the reasons for the decision, the possible redress procedures available and the time limit for taking action.

Amendment 257 #

Proposal for a directive
Article 14

Member States shall require employers of seasonal workers to provide evidence that the seasonal worker will benefit from adequate accommodation ~~that ensures an adequate standard of living. If seasonal workers are required to pay rent for such accommodation, its cost shall not be excessive in relation to their remuneration~~, pursuant to national legislation and practice, that ensures a decent standard of living.

Amendment 258 #

Proposal for a directive
Article 14

Member States shall require employers of seasonal workers to provide evidence that the seasonal worker will benefit from adequate accommodation ~~that ensures an adequate standard of living. If seasonal workers are required to pay rent~~ , in accordance with international standards defined in the International Covenant on Economic, Social and Cultural Rights, adopted by the United Nations General Assembly on 16 December 1966 and specified by the UN Committee on Economic, Social and Cultural Rights in its general comment No 4 concerning Article 11(1) of the Covenant. As a minimum, therefore, such accommodation~~, its cost shall not be excessive in relation to their remuneration~~ shall be habitable in that it provides the inhabitants with adequate space and protection from cold, damp, heat, rain, wind and other threats to health, structural hazards, and disease vectors. It shall be safe and well maintained, and shall provide the facilities essential for health, security, comfort and nutrition, such as safe drinking water, cooking facilities, energy for cooking, heating and lighting, sanitation and washing facilities, as well as means of food storage and a refuse- disposal system. The accommodation shall allow access to basic services.

Amendment 259 #

Jan MULDER, Wim van de CAMP

Proposal for a directive
Article 14

Member States shall require employers of seasonal workers to provide evidence that the seasonal worker will benefit from adequate accommodation that ensures a~~n adequate~~ decent standard of living. As a minimum, such accommodation shall be conducive to health and safety. The accommodation shall allow access to basic services. If seasonal workers are required to pay rent for such accommodation, its cost shall not be excessive in relation to their remuneration.

Amendment 260 #

Proposal for a directive
Article 14

Member States shall require employers of seasonal workers to provide evidence that the seasonal worker will benefit from accommodation that ensures an adequate standard of living according to the minimum standards of national law. If seasonal workers are required to pay rent for such accommodation, its cost shall not be excessive in relation to their remuneration.

Amendment 261 #

Salvatore IACOLINO, Roberta ANGELILLI, Clemente MASTELLA, Alfredo PALLONE

Proposal for a directive
Article 14

Member States shall require employers of seasonal workers to provide evidence that the seasonal worker will benefit from accommodation that ensures a~~n adequate~~ standard of living equivalent to the standard of living for nationals who work on a seasonal basis and/or other Union seasonal workers. If seasonal workers are required to pay rent for such accommodation, its cost shall not be excessive in relation to their remuneration.

Amendment 262 #

Proposal for a directive
Article 14

Member States shall require employers of seasonal workers to provide evidence that the seasonal worker will benefit from accommodation that ensures an adequate standard of living, under decent health and hygiene conditions certified by the competent authorities. If seasonal workers are required to pay rent for such accommodation, its cost shall not be excessive in relation to their remuneration. and in any case should enable the workers to live freely and with dignity.

Amendment 263 #

Proposal for a directive
Article 14

Member States shall require employers of seasonal workers to provide evidence that the seasonal worker will benefit from accommodation that ensures an adequate standard of living throughout the duration of the employment contract. If seasonal workers are required to pay rent for such accommodation, its cost shall not be excessive in relation to their remuneration.

Amendment 264 #

Claude MORAES, Sergio Gaetano COFFERATI

Proposal for a directive
Article 14 – paragraph 1 a (new)

1a. The seasonal worker shall have the possibility to accept or refuse the accommodation provided by the employer.

Amendment 265 #

Proposal for a directive
Article 14 - paragraph 1 a (new)

1a. As a minimum, such accommodation shall provide the inhabitants with adequate space, shall protect them from the elements and other threats to health, shall be safe and well maintained, and shall provide the facilities essential for health, security, comfort and nutrition, such as safe drinking water, systems for cooking, heating and lighting, sanitation and washing facilities, means of food storage and refuse disposal. The location of the accommodation and the surrounding transport infrastructure shall allow access to basic services, including basic health and social services.

Amendment 266 #

Proposal for a directive
Article 14 a (new)

Article 14 a Obligations of the employers Member States shall require employers of seasonal workers to pay for: (a) the cost of travel from the seasonal workers' place of origin to the place of work in the Member State concerned and the return journey in accordance with safety standards; (b) the visa fee and, if applicable, any service fees related to the visa; (c) the cost of health insurance referred to in point (c) of Article 5; (d) a deposit for each worker admitted, which is refundable only if the worker returns, this will be confirmed by the national Consular office in the country of origin for the third country national. In case that a Member State does not have such an office in the third country then the seasonal worker must present himself/herself in the Consular office of another Member State or in the delegation of the EU.

Amendment 267 #

Proposal for a directive
Article 14 b (new)

‘Article 14b Requirement to report change of accommodation In the event of a change in the seasonal worker’s accommodation, either the worker or employer shall be required within a reasonable time period to report the change to the authority designated as responsible by each Member State. Failure to comply with this requirement may be grounds for exclusion from admission to the Member State in future pursuant to Article 12(2)(a).

Amendment 268 #

Proposal for a directive
Article 15 – introductory part

During the period of validity of a seasonal worker permit, the holder shall enjoy at least the following rights, without prejudice to the Schengen Borders Code and the Schengen Implementing Convention:

Amendment 269 #

Proposal for a directive
Article 15 – point a

(a) the right to enter and stay in the territoryies of the Member State ~~issuing the permit~~of the European Union;

Amendment 270 #

Proposal for a directive
Article 15 – point b a (new)

ba) free access to the territory of the Schengen Area Member States during the stay;

Amendment 271 #

Proposal for a directive
Article 16 a (new)

Article 16 a Monitoring and inspections Member States shall ensure that appropriate monitoring mechanisms of employers, recruitment agencies or other intermediaries are put in place and that adequate inspections are carried out on their territory to ensure that the provisions laid down in this Directive, in particular regarding rights, working conditions and accommodation, are fully respected throughout the duration of the seasonal workers' stay in the Member State concerned.

Amendment 272 #

Proposal for a directive
Article 16 a (new)

Article 16 a Monitoring and inspections 1. Member States shall ensure that appropriate monitoring mechanisms are put in place, that adequate and regular inspections are carried out on their territory by the relevant national authorities and that organisations representing workers' interest have access to the workplace and the accommodation if provided by the employer, to ensure that the provisions laid down in this Directive, in particular regarding rights, working conditions and accommodation, are fully respected throughout the duration of the seasonal workers' stay in the Member State concerned. 2. Member States shall ensure that at least 30% of companies offering seasonal employment established on their territory per year are subject to inspections. 3. The selection of companies to be inspected shall be based on a risk assessment to be drawn up by the competent authorities in the Member States taking into account factors such as the sector in which a company operates and any past record of infringement.

Amendment 273 #

Proposal for a directive
Article 16 a (new)

Article 16a Family members 1. Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification1 shall apply, subject to the derogations provided for in paragraphs 2 to 5. 2. By way of derogation from Articles 3(1) and 8 of Directive 2003/86/EC, family reunification in the first Member State shall not be made subject to the requirement that the holder of the seasonal worker permit issued on the basis of this Directive must have reasonable prospects of obtaining the right of permanent residence and have a minimum period of residence. 3. By way of derogation from the third subparagraph of Article 4(1) and from Article 7(2) of Directive 2003/86/EC, the integration criteria and measures referred to therein may be applied by the first Member State only after the persons concerned have been granted family reunification. 4. By way of derogation from the first subparagraph of Article 5(4) of Directive 2003/86/EC, residence permits for family members shall be granted by the first Member State, if the conditions for family reunification are fulfilled, at the latest within two months from the date on which the application was lodged. 5. By way of derogation from Article 13(2) and (3) of Directive 2003/86/EC, the duration of validity of the residence permits of family members in the first Member State shall be the same as that of the seasonal worker permit, insofar as the period of validity of their travel documents allows. _______________ 1 OJ L 251, 3.10.2003, p. 12.

Amendment 274 #

Proposal for a directive
Article 17

Member States shall ensure that there are effective mechanisms through which seasonal workers may lodge complaints against their employers, directly or through third parties which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring compliance with this Directive, ~~may engage either on behalf of or in support of a seasonal worker, with his/her approval, in~~or through a competent authority of the Member State if there is appropriate provision under national legislation. Before a complaint is lodged, Member States shall ensure that third parties which have a legitimate interest in ensuring compliance with this Directive may engage, either on behalf of or in support of a seasonal worker, in any form of mediation between the employer and the seasonal worker and any administrative or civil proceedings provided for with the objective of implementing this Directive.

Amendment 275 #

Proposal for a directive
Article 17

Amendment 276 #

Proposal for a directive
Article 17 – paragraph 1 a (new)

1a. Member States shall ensure that there are effective mechanisms through which seasonal workers may lodge complaints against their employers, recruitment agencies or other intermediaries directly or through third parties which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring compliance with this Directive, or a competent authority of the Member State when provided for by national legislation.

Amendment 277 #

Proposal for a directive
Article 18 – paragraph 1

1. Member States shall communicate to the Commission statistics on the number of residence permits and visas issued for the first time or renewed and, as far as possible, on the number of residence permits and visas withdrawn for the purpose of seasonal employment to persons who are third-country nationals, disaggregated by citizenship, age and sex, length of validity of the permit and economic sector, disaggregated by citizenship and age.

Amendment 278 #

Proposal for a directive
Article 18 – paragraph 1

1. Member States ~~shall~~may communicate to the Commission statistics on the number of residence permits and visas issued for the first time or renewed and, as far as possible, on the number of residence permits and visas withdrawn for the purpose of seasonal employment to persons who are third-country nationals, disaggregated by citizenship, age and sex, length of validity of the permit and economic sector.

Amendment 279 #

Proposal for a directive
Article 18 – paragraph 3

3. The statistics referred to in paragraph 1 shall relate to reference periods of one calendar year and shall be communicated to the Commission within six months of the end of the reference year. The first reference year shall be [the year following the point of time referred to in Article 20(1)].deleted

Amendment 280 #

Jan MULDER

Proposal for a directive
Article 19

Every t~~hree~~wo years, and for the first time no later than [t~~hree~~wo years after the date of transposition of this Directive], the Commission shall submit a report to the European Parliament and to the Council on the application of this Directive in the Member States and shall propose any amendments necessary.

Amendment 281 #

Proposal for a directive
Article 19

Every three years, and for the first time no later than [t~~hree~~wo years after the date of transposition of this Directive], the Commission shall submit a report to the European Parliament and to the Council on the application of this Directive in the Member States and shall propose any amendments necessary.

Amendment 282 #

Proposal for a directive
Article 19 a (new)

‘Article 19a Notification of a Member State’s requirements for seasonal workers In order to ensure that the principle of giving preference to EU citizens with regard to access to the Member States’ labour markets is effectively applied, the Member States shall periodically announce the results of research and studies concerning their requirements for seasonal workers and the existence of specific posts for seasonal workers within their territory using the means of communication available to European organisations for this purpose (European organisations’ websites, television networks, etc.). Employers shall be encouraged a far as possible to contribute to the publication of announcements providing such information. Member States shall strive to assist employers in this matter by providing them with all the necessary means.

Amendment 283 #

Proposal for a directive
Article 20

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by (24 months from the date of publication in the Official Journal of the European Union) at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive. When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. Member States shall determine how such reference is to be made. 2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.Transposition deleted

Amendment 62 #

Marie-Christine VERGIAT, Cornelia ERNST

Proposal for a directive
Citation 1

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 79(2)(a) and (b) and Article 153(1)(a) and (b) thereof,

Amendment 63 #

Juozas IMBRASAS

Proposal for a directive
Recital 2

(2) The Treaty provides that the Union is to develop a common immigration policy aimed at ensuring, at all stages, the efficient management of migration flows and fair treatment of third-country nationals residing legally in Member States. The Hague Programme, adopted by the European Council on 4 and 5 November 2004, recognised that legal migration will play an important role in advancing economic development, and asked the Commission to present a policy plan on legal migration, including admission procedures, capable of responding promptly to fluctuating demands for migrant labour in the labour market.

Amendment 64 #

Proposal for a directive
Recital 5 a (new)

(5a) The Convention on the Protection of the Rights Of All Migrant Workers and Members of Their Families, of 18 December 1990, adopted by the General Assembly of the United Nations, is the most broadly based international legal framework for the protection of the rights of migrant workers and their families, and gives States guidance as to the approach to be adopted to ensure migrants’ rights are respected when policies relating to the migration of labour are drawn up and implemented. The Member States and the European Union should ensure that the fundamental rights of migrant workers and their families are guaranteed, and should be urged to ratify this international convention.

Amendment 65 #

Marie-Christine VERGIAT, Cornelia ERNST

Proposal for a directive
Recital 6

(6) This Directive should contribute to the effective management of migration flows for the specific category of seasonal temporary migration and to improving working conditions for seasonal workers by setting out fair and transparent rules for admission and stay~~, while at the same time providing for incentives and safeguards to prevent temporary stay from becoming permanent~~ and rules for decent working conditions, while at the same time ensuring the best possible conditions for migrants during their stay and making it easier for the duration of their stay to be extended. In addition, the rules laid down in Directive 2009/52/EC of the European Parliament and of the ~~European Council~~Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third- country nationals ~~will contribute to avoiding such temporary stay turning into illegal stay~~should help, among other things, to reduce the exploitation and wage discrimination which such workers often suffer.

Amendment 66 #

Proposal for a directive
Recital 6

(6) This Directive should contribute to the effective management of migration flows for the specific category of seasonal temporary migration by setting out fair and transparent rules for admission and stay, while at the same time providing for incentives and safeguards to prevent temporary stay from becoming permanent; it should also help to combat all forms of illegal seasonal employment and to ensure that workers from third countries have decent working conditions. In addition, the rules laid down in Directive 2009/52/EC of the European Parliament and of the ~~European~~ Council providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals will contribute to avoiding such temporary stay turning into illegal stay.

Amendment 67 #

Marie-Christine VERGIAT, Cornelia ERNST

Proposal for a directive
Recital 6

(6) This Directive should contribute to the effective management of migration flows for the specific category of seasonal temporary migration by setting out fair and transparent rules for admission and stay, while at the same time providing for incentives and safeguards to prevent overstaying and/or temporary stay from becoming permanent. In addition, the rules laid down in Directive 2009/52/EC of the European Parliament and of the European Council providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals will contribute to avoiding such temporary stay turning into illegal stay.

Amendment 68 #

Proposal for a directive
Recital 6 a (new)

(6a) Member States should implement the provisions of this Directive without discrimination on the basis of sex, race, colour, ethnic or social origin, physical characteristics, language, religious, philosophical or political beliefs, membership of a national minority, property, birth, disability, age or sexual orientation in accordance, in particular, with Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin1 and Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation2; ______________ 1 OJ L 180, 19.7.2000, p. 22. 2 OJ L 303, 2.12.2000, p. 16.

Amendment 69 #

Anna ZÁBORSKÁ

Proposal for a directive
Recital 6 a (new)

(6a) Appropriate measures should be taken by the Member States to ensure the protection of the unity of the family of the seasonal worker, in the light of the fact that the family is the natural and fundamental group unit of society.

Amendment 70 #

Marian-Jean MARINESCU, Monica MACOVEI

Proposal for a directive
Recital 7

(7) This Directive should be applied without prejudice to the principle of EU preference as regards access to Member States' labour market as expressed in the relevant provisions of Acts of Accession. In particular, the provisions of the Directive should not leave seasonal workers from the new Member States of the EU, for whom transitional arrangements on the labour market still apply, in a disadvantaged position compared to third-country nationals.

Amendment 71 #

Proposal for a directive
Recital 7

(7) This Directive should be applied without prejudice to the principle of EU preference as regards access to Member States' labour market as expressed in the relevant provisions of Acts of Accession. This notwithstanding, that principle should not be used to deviate from the principle of equal pay for equal work, as regards both workers from Member States and third country nationals.

Amendment 72 #

Proposal for a directive
Recital 8

(8) This Directive should be without prejudice to the right of the Member States to determine the volumes of admission of third-country nationals coming from third countries to their territory for the purposes of seasonal work as specified in Article 79(5) of the Treaty on the Functioning of the European Union. Regarding volumes of admission, Member States retain the possibility not to grant residence permits for seasonal employment in general or for certain professions, economic sectors or regions.

Amendment 73 #

Proposal for a directive
Recital 9 a (new)

(9a) Given that seasonal work can contribute significantly to the recovery of certain sectors of the economy and production in Europe, uniform basic legal standards must be secured and care must be taken to combat abuses, illegal immigration and all forms of illegal employment and exploitation of third- country nationals in the European Union.

Amendment 74 #

Proposal for a directive
Recital 10

(10) ~~Activities dependent on the passing of the seasons are typically to be found in~~Seasonal work is typical of sectors such as agriculture and horticulture, during the planting or harvesting period, or tourism, during the holiday period.

Amendment 75 #

Kinga GÁL

Proposal for a directive
Recital 10

(10) Activities dependent on the passing of the seasons are ~~typically~~ to be found in sectors ~~such as~~characterised by seasonality such as, for example, agriculture, during the planting or harvesting period, or tourism, during the holiday period.

Amendment 76 #

Timothy KIRKHOPE

Proposal for a directive
Recital 10

(10) Activities dependent on the passing of the seasons are typically to be found in sectors such as agriculture, during the planting or harvesting period, or tourism, during the holiday period, but not excluding other sectors where a seasonal need for workers may arise.

Amendment 77 #

Proposal for a directive
Recital 10

(10) Activities dependent on the passing of the seasons are typically to be found in sectors such as agriculture, during the planting or harvesting period, or tourism, during the holiday periods.

Amendment 78 #

Proposal for a directive
Recital 11

~~(11) It should only be possible to apply for admission as a seasonal worker while the applicant is residing outside the territory of the Member States.~~deleted

Amendment 79 #

Proposal for a directive
Recital 11

(11) It should ~~only~~ be possible to apply for admission as a seasonal worker while the applicant is residing inside or outside the territory of the Member States.

Amendment 80 #

Anna Maria CORAZZA BILDT

Proposal for a directive
Recital 11

(11) It should ~~only~~ be possible to apply for admission as a seasonal worker while the applicant is either residing outside or legally residing inside the territory of the Member States.

Amendment 81 #

Proposal for a directive
Recital 11

(11) It should ~~only~~ be possible to apply for admission as a seasonal worker while the applicant is residing either in or outside the territory of the Member States.

Amendment 82 #

Kinga GÁL

Proposal for a directive
Recital 11

(11) It should only be possible to apply for admission as a seasonal worker ~~while~~provided that the applicant is a third-country national residing outside the territory of the Member States.

Amendment 83 #

Proposal for a directive
Recital 11 a (new)

(11a) This Directive should not ignore the large numbers of third-country nationals who are residing illegally in the EU and employed in particularly insecure conditions. These individuals should, therefore, have the possibility, during a transitional period following the transposition of this Directive, of applying for a seasonal worker permit.

Amendment 84 #

Proposal for a directive
Recital 11 a (new)

11a. Applications for admission as a seasonal worker may not be submitted by: (a) anyone having previously resided legally in a Member State and lost the right of legal residence on grounds relating to public order and safety. In particular, anyone who has been convicted of an offence and who as a penalty has been subject to administrative expulsion from a Member State may not submit an application for admission as a seasonal worker for a period of time after the Commission of the offence corresponding to the statutory limit period of limitation imposed under the provisions of the jurisdiction in which the offence was committed. (b) Anyone who has forfeited their legal residence in a Member State on grounds of public health must, in order to apply for admission, demonstrate that the reasons concerned no longer apply; and (c) third country nationals who have illegally entered the territory of a Member State. Applicants must demonstrate that they have not been prosecuted for criminal offences committed in their country of origin and that they have not been subject to custodial sentences. They must also show that they do not pose a threat to public health.

Amendment 85 #

Proposal for a directive
Recital 13

(13) The Directive ~~should~~must provide for a flexible entry system based on demand and objective criteria, such as a valid work contract or a binding job offer that specifies the level of remuneration applicable to seasonal workers in the sector concerned.

Amendment 86 #

Timothy KIRKHOPE

Proposal for a directive
Recital 13

(13) The Directive should provide for a flexible entry system based on demand and objective criteria as determined by individual Member States, such as a valid work contract or a binding job offer that specifies the level of remuneration applicable to seasonal workers in the sector concerned.

Amendment 87 #

Proposal for a directive
Recital 13

(13) The Directive should provide for a flexible entry system based on demand and objective criteria, such as a valid work contract or a binding job offer that specifies the ~~level of remuneration applicable to seasonal workers in the sector concerned.~~ essential aspects of the contract or employment relationship, i.e. the nature of the job, the length of the contract, the notice period for contract termination, the working hours and weekly work pattern, the level of remuneration, social protection arrangements, accommodation, the overtime quota, weekly rest time, compensation for dismissal and details of any collective agreement that may apply.

Amendment 88 #

Proposal for a directive
Recital 13 a (new)

(13a) There is a high unemployment rate and a great number of long-term unemployed people living in the EU, for whom seasonal work is often an important tool for easing financial difficulties, therefore, Member States should give preference to their nationals and the nationals of other EU countries when considering issuing seasonal worker permits to third country nationals.

Amendment 89 #

Proposal for a directive
Recital 13 a (new)

(13a) If the level of remuneration cannot be determined, it should be presumed to be at least as high as the wage provided for by the applicable laws on minimum wages, by collective agreements or in accordance with established practice for own nationals in the relevant sector.

Amendment 90 #

Proposal for a directive
Recital 14

(14) Member States should have the possibility to apply a test demonstrating that a post cannot be filled from within the domestic labour market or from the workforce of another EU Member State or by a third country national resident in the country. This possibility is very important at a time when many Member States are facing serious unemployment problems.

Amendment 91 #

Proposal for a directive
Recital 14

(14) Member States should ~~have the possibility to apply~~require employers of seasonal workers to apply, in a timely and transparent manner, a test demonstrating that a post cannot be filled from within the domestic or the Union's labour market.

Amendment 92 #

Proposal for a directive
Recital 14

(14) Member States should ~~have the possibility to~~ apply a test demonstrating that a post cannot be filled from within the domestic labour market.

Amendment 93 #

Proposal for a directive
Recital 14

(14) Member States should have the possibility to apply a test demonstrating that a post cannot be filled from within the ~~domestic~~national or EU labour market.

Amendment 94 #

Proposal for a directive
Recital 16

(16) The duration of stay should be limited to a maximum period ~~per calenda~~of six months per year which, together with the definition of seasonal work, should ensure that the work is of genuinely seasonal nature. Provision should be made that within that maximum duration of stay, an extension of the contract or change of employer is possible~~. This should serve to reduce risks of abuses that seasonal workers may face if tied to a single employer and at the same time provide for a flexible response to employers’ actual workforce needs~~, provided that this change does not materially affect for the worse any of the objective criteria whose existence was considered after submission of the application in accordance with the provisions of the national legislative framework. This should serve to reduce risks of abuses that seasonal workers may face if tied to a single employer and at the same time provide for a flexible response to employers’ actual workforce needs, while ensuring that the provisions and purposes of this directive are not evaded, especially cases where an employer submits a bogus firm offer of employment initially concealing the aim of securing the admission of a seasonal worker and then changing his or her working conditions through an extension or a change of employer, ensuring that the rights of seasonal workers are protected.

Amendment 95 #

Proposal for a directive
Recital 16

(16) The duration of stay should be ~~limited to a maximum period per calendar year which, together with the defini~~fixed by the Member States at a maximum period within any 12 months, which, to ensure that the employment in question is of a seasonal ~~work~~nature, should ~~ensure that the work is of genuinely seasonal nature~~not exceed nine months. Provision should be made that within thate maximum duration of stay officially granted to the seasonal worker, an extension of the contract or change of employer is possible. This should serve to reduce risks of abuses that seasonal workers may face if tied to a single employer and at the same time provide for a flexible response to employers’ actual workforce needs.

Amendment 96 #

Proposal for a directive
Recital 16

(16) The duration of stay should be limited to a maximum period per calendar year which, together with the definition of seasonal work, should ensure that the work is of genuinely seasonal nature. Provision should be made that within that maximum duration of stay, an extension of the contract or change of employer is possible. This should serve to reduce risks of abuses that seasonal workers may face if tied to a single employer and at the same time provide for a flexible response to employers' actual workforce needs. Extension allows higher earnings and remittances sent by third-country seasonal workers which, in turn, can contribute to the development of their countries of origin.

Amendment 97 #

Timothy KIRKHOPE

Proposal for a directive
Recital 16

(16) The duration of stay should be limited to a maximum period per calendar year, as prescribed by individual Member States which, together with the definition of seasonal work, should ensure that the work is of genuinely seasonal nature. Provision should be made that within that maximum duration of stay, an extension of the contract or change of employer is possible. This should serve to reduce risks of abuses that seasonal workers may face if tied to a single employer and at the same time provide for a flexible response to employers' actual workforce needs.

Amendment 98 #

Proposal for a directive
Recital 16

(16) The duration of stay should be limited to a maximum period per calendar year which, together with the definition of seasonal work, should ensure that the work is of genuinely seasonal nature. Provision should be made that within that maximum duration of stay, an extension of the contract or change of employer is possible, as is a contract extension in the event of an unforeseen increase in workload. This should serve to reduce risks of abuses that seasonal workers may face if tied to a single employer and at the same time provide for a flexible response to employers’ actual workforce needs.

Amendment 99 #

Proposal for a directive
Recital 16

(16) The duration of stay should be limited to a maximum period per calendar year which, together with the definition of seasonal work, should ensure that the work is of genuinely seasonal nature and that work which has to be done all year round is not carried out by seasonal workers from third countries. Provision should be made that within that maximum duration of stay, an extension of the contract or change of employer is possible. This should serve to reduce risks of abuses that seasonal workers may face if tied to a single employer and at the same time provide for a flexible response to employers’ actual workforce needs.

source: PE-467.243

2011/09/23 EMPL 132 amendments...

Amendment 100 #

Proposal for a directive
Article 3 – point f

f) ‘universally applicable collective agreement’ means a collective agreement which must be observed by all undertakings in the geographical area and in the profession or industry concerned. In the absence of a system for declaring collective agreements to be of universal application, Member States may, if they so decide, base themselves on collective agreements which are generally applicable to all similar undertakings in the geographical area and in the profession or industry concerned, and/or collective agreements which have been concluded by the most representative employers' and labour organisations at national level and which are applied throughout national territory, in accordance with national law and practice.

Amendment 101 #

Proposal for a directive
Article 4 – paragraph 2

~~2. This Directive shall not affect the right of Member States to adopt or retain more favourable provisions for persons to whom it applies in respect of Articles 13 to 17 of this Directive.~~deleted

Amendment 102 #

Proposal for a directive
Article 4 – paragraph 2

2. This Directive shall not affect the right of Member States to adopt or retain more favourable provisions for persons to whom it applies in respect of Articles 131 to 17 of this Directive.

Amendment 103 #

Proposal for a directive
Article 5 – paragraph 1 – point a

(a) a valid work contract or, as provided for in national law, a binding job offer to work as a seasonal worker in the Member State concerned with an employer established in the Member State ~~that specifies the rate of pay and the working hours per week or month and, when applicable, other relevant working conditions~~;

Amendment 104 #

Proposal for a directive
Article 5 – paragraph 1 – point a

a) a valid work contract or, as provided for in national law, a binding job offer to work as a seasonal worker in the Member State concerned with an employer established in the Member State that specifies the rate of pay ~~and~~, the working hours per week or month and~~, when applicable, other relevant working c~~ relevant working conditions demonstrating that the seasonal worker can support himself or herself by lawful means and stay in the host Member State without being a burden ond it~~ions~~s welfare system;

Amendment 105 #

Proposal for a directive
Article 5 – paragraph 1 – point b

b) a valid travel document, as determined by national law. ~~Member States may require t~~The period of the validity of the travel document toshall cover at least the duration of the residence permit;

Amendment 106 #

Thomas MANN

Proposal for a directive
Article 6 – paragraph 1 a (new)

1a. To ensure appropriate working conditions and prevent wage dumping, Member States shall have the right to reject applications if the terms of employment do not match those which apply to Member State nationals who are comparable workers in seasonal sectors.

Amendment 107 #

Proposal for a directive
Article 6 – paragraph 2

2. Member States ~~may~~shall verify ~~whether~~that the vacancy concerned c~~ould~~ annot be filled by national or EU, or by third-country nationals lawfully residing in the Member State and already forming part of its labour market by virtue of EU or national law and reject the application.

Amendment 108 #

Proposal for a directive
Article 6 – paragraph 2 a (new)

2a. Private employment agencies or migration agencies shall not charge job- seekers or workers any fees in exchange for organising seasonal work or migration for seasonal work.

Amendment 109 #

Proposal for a directive
Article 6 – paragraph 3

3. Member States may reject an application if, within 12 months of its being made, the employer has been sanctioned in conformity with national law for undeclared work and/or illegal employment.

Amendment 110 #

Evelyn REGNER

Proposal for a directive
Article 6 – paragraph 3

3. Member States may reject an application if the employer has been sanctioned in conformity with national law for undeclared work and/or illegal employment or other statutory obligations towards national social security or tax authorities have not been met.

Amendment 111 #

Proposal for a directive
Article 11 – paragraph 1

1. Seasonal workers shall be allowed to reside for a ~~maximum of six months in any calendar year, after which they shall~~t least three months in any year, after which they shall return to a third country. The maximum duration of stay shall be laid down by Member States, while preserving the seasonal nature of the work. Seasonal workers shall subsequently return to a third country.

Amendment 112 #

Proposal for a directive
Article 11 – paragraph 2

2. Within the period referred to under paragraph 1, and provided that the criteria of Article 5 are met, seasonal workers shall be allowed to extend their contract or to be employed as seasonal worker with a different employer if the first employer has infringed employers’ rights.

Amendment 113 #

Sergio Gaetano COFFERATI, Claude MORAES

Proposal for a directive
Article 12 – paragraph 2 – point b

(b) an employer who has not fulfilled the obligations arising out of the work contract shall be subject to effective, proportionate and dissuasive sanctions. ~~Such e~~Employers contravening labour law provisions shall be excluded from applications for seasonal workers for one or more subsequent years.

Amendment 114 #

Proposal for a directive
Article 14

Member States shall require employers of seasonal workers to provide evidence that the seasonal worker will benefit from adequate accommodation, pursuant to national legislation and practice, that ensures a~~n adequate~~ decent standard of living. ~~If seasonal workers are required to pay rent for such accommodation, its cost shall not be excessive in relation to their remuneration~~As a minimum, such accommodation shall provide the inhabitants with adequate space, shall protect them from the elements and other threats to health, shall be safe and well maintained, and shall provide the facilities essential for health, security, comfort and nutrition such as safe drinking water, systems for cooking, heating and lighting, sanitation and washing facilities, means of food storage and refuse disposal. The location of the accommodation and the surrounding transport infrastructure shall allow access to basic services, including basic health and social services.

Amendment 115 #

Proposal for a directive
Article 14

Member States shall require employers of seasonal workers to provide evidence that the seasonal worker will benefit from adequate accommodation ~~that ensures an adequate standard of living. If seasonal workers are required to pay rent for such accommodation, its cost shall not be excessive in relation to their remuneration.~~ , pursuant to national legislation and practice, that ensures equal treatment to nationals and a decent standard of living. As a minimum, such accommodation shall provide the inhabitants with adequate space, shall protect them from the elements and other threats to health, shall be safe and well maintained, and shall provide the facilities essential for health, security, comfort and nutrition, such as safe drinking water, systems for cooking, heating and lighting, sanitation and washing facilities, means of food storage and refuse disposal. The accommodation shall allow access to basic services.

Amendment 116 #

Proposal for a directive
Article 14

Member States shall require employers of seasonal workers to provide evidence that the seasonal worker will benefit from accommodation that ensures an adequate standard of living. If seasonal workers are required to pay rent for such accommodation, its cost shall not be excessive in relation to their remunerationhas accommodation for the duration of the seasonal work.

Amendment 117 #

Proposal for a directive
Article 14

Member States shall require employers of seasonal workers to provide evidence that the seasonal worker will benefit from a~~ccommodation that ensures an adequate standard of living. If seasonal workers are required to pay rent for such accommodation, its cost shall not be excessiv~~dequate accommodation that is affordable in relation to this or heir remuneration.

Amendment 118 #

Proposal for a directive
Article 14

Member States shall require employers of seasonal workers to provide evidence that the seasonal worker will benefit from accommodation that ensures an adequate standard of living. If seasonal workers are required to pay rent for such accommodation, its cost shall ~~not be excessive in relation to their remuneration~~be proportionate to remuneration, i.e. set at a percentage representing the customary ratio of housing costs to gross income in the Member State concerned.

Amendment 119 #

Evelyn REGNER

Proposal for a directive
Article 14

Member States shall require employers of seasonal workers to provide evidence that the seasonal worker will benefit from accommodation that ensures an decent, adequate standard of living. If seasonal workers are required to pay rent for such accommodation, its cost shall not be excessive in relation to their remuneration.

Amendment 120 #

Proposal for a directive
Article 14

Member States shall require employers of seasonal workers to provide evidence that the seasonal worker will benefit from accommodation that ensures an adequate standard of living. Employers should not be obliged to provide such accommodation, but should actively help in looking for appropriate accommodation. If seasonal workers are required to pay rent for such accommodation, its cost shall not be excessive in relation to their remuneration.

Amendment 121 #

Thomas MANN

Proposal for a directive
Article 14 – paragraph 1 a (new)

1a. Employers shall not be obliged to defray travel or visa expenses of third- country national seasonal workers.

Amendment 122 #

Proposal for a directive
Article 14 – paragraph 1 a (new)

1a. The seasonal worker shall have the option to accept or refuse the accommodation provided by the employer.

Amendment 123 #

Proposal for a directive
Article 14 – paragraph 1 b (new)

1b. If seasonal workers are required to pay rent for such accommodation, it shall not be automatically deducted from their wage; its cost shall be fixed for the duration of their stay and shall not be excessive in relation to their net remuneration or to the quality of the accommodation.

Amendment 124 #

Proposal for a directive
Article 14 – paragraph 1 c (new)

1c. The seasonal worker shall be given a rental contract or equivalent document in which the conditions and cost of the accommodation are clearly stated in a language understood by all parties.

Amendment 125 #

Proposal for a directive
Article 14 a (new)

Article 14a The relevant authorities shall have the obligation and the organisations representing the workers' interest shall have the right of inspection of and access to the accommodation if provided for by the employer. The relevant authorities shall be obliged to ensure that the rent for accommodation is not excessive in relation to the quality of accommodation.

Amendment 126 #

Proposal for a directive
Article 14 b (new)

Article 14b Costs Member States shall require employers of seasonal workers to pay for: (a) the cost of travel from the seasonal workers' place of origin to the place of work in the Member State concerned and the return journey; (b) the visa fee and, if applicable, any service fees related to the visa; (c) the cost of health insurance referred to in point (c) of Article 5(1). Such expenses should not be recoverable from (the wage of) the seasonal worker.

Amendment 127 #

Proposal for a directive
Article 16 – introductory part

~~Whatever the law applicable to the employment relationship, s~~Seasonal workers shall be entitled to:

Amendment 128 #

Proposal for a directive
Article 16 – introductory part

~~Whatever the law applicab~~Seasonal workers shall be entitled to ~~the employment relationship, seasonal workers shall be entitled to~~equal treatment with nationals of the host Member State at least as regards the following:

Amendment 129 #

Proposal for a directive
Article 16 – introductory part

~~Whatever~~Regardless of the law applicable to the employment relationship, ~~seasonal workers shall be entitled to~~the principle of equality of treatment with Member State national workers shall apply to seasonal workers:

Amendment 130 #

Proposal for a directive
Article 16 – introductory part

Whatever the law applicable to the employment relationship, seasonal workers shall be entitled to equal treatment with nationals of the host Member State at least with regard to:

Amendment 131 #

Proposal for a directive
Article 16 – point 1

1. working conditions, including pay and dismissal as well as health and safety requirements at the workplace, applicable to seasonal work as laid down by law, regulation or administrative provision and/or universally applicable collective agreements in the Member State to which they have been admitted according to this Directive. In the absence of a system for declaring collective agreements to be of universal application, Member States may, if they so decide, base themselves on collective agreements which are generally applicable to all similar undertakings in the geographical area and in the profession or industry concerned, and/or collective agreements which have been concluded by the most representative employers‘ and labour organisations at national level and which are applied throughout national territory;deleted

Amendment 132 #

Proposal for a directive
Article 16 – point 1 – subparagraph 1

1. working conditions, including pay and dismissal as well as health and safety requirements at the workplace, applicable to seasonal work as laid down by law, regulation or administrative provision and/or universally applicable collective agreements in the Member State to which they have been admitted according to this Directiv, working time and leave, holidays and disciplinary provisions, professional and family life as well as health and safety requirements at the workplace, taking into account, in addition to legal, administrative and regulatory provisions, the arbitration decisions and collective agreements and contracts, concluded, at any level, in accordance with the host Member State’s law and practices, by the most representative employers' and labour organisations, under the same terms as for nationals of the host Member State.

Amendment 133 #

Proposal for a directive
Article 16 – point 1 – subparagraph 1

1. working conditions, including pay and dismissal, working hours and holidays, as well as health and safety requirements at the workplace, applicable to seasonal work ~~as laid down by~~, taking into account not only the relevant laws, regulations or administrative provision ~~and/or universally applicable collective agreements in the Member State to which they have been admitted according to this Directive~~s, but also the collective agreements concluded at any level of the Member State concerned which are applicable to the employment relationship.

Amendment 134 #

Proposal for a directive
Article 16 – point 1 – subparagraph 1

1. working conditions, including pay and dismissal, working hours, holidays and disciplinary provisions, as well as health and safety requirements at the workplace, applicable to seasonal work as laid down by law, regulation or administrative provision and/or universally applicable collective agreements in the Member State to which they have been admitted according to this Directive.

Amendment 135 #

Rovana PLUMB

Proposal for a directive
Article 16 – point 1 – subparagraph 1

1. working conditions, including pay and dismissal, working hours and holidays as well as health and safety requirements at the workplace, ~~applicable to seasonal work~~ as laid down by law, regulation or administrative and regulatory provisions and~~/or universally applicable~~ collective agreements in the Member State tos in which they ~~have been admitted acc~~are currently wordking ~~to this Directive~~.

Amendment 136 #

Proposal for a directive
Article 16 – point 1 – subparagraph 1

1. terms of employment – that is, the minimum working age, restrictions on home-working and all other matters regarded as terms of employment according to the host Member State’s law and national practice – and working conditions, including pay and dismissal, working hours and holidays as well as health and safety requirements at the workplace, ~~applicable to seasonal work~~ as laid down by law, regulation or administrative provision ~~and/or universally applicable collective agreements in the Member State to which they have been admitted according to this Directiv~~or by arbitration decisions, collective agreements and contracts concluded at any level, in accordance with the host Member State’s national law and practice and under the same terms as those applicable to nationals of the host Member State.

Amendment 137 #

Proposal for a directive
Article 16 – point 1 – subparagraph 2

In the absence of a system for declaring collective agreements to be of universal application, Member States may, if they so decide, base themselves on collective agreements which are generally applicable to all similar undertakings in the geographical area and in the profession or industry concerned, and/or collective agreements which have been concluded by the most representative employers' and labour organisations at national level and which are applied throughout national territory;deleted

Amendment 138 #

Proposal for a directive
Article 16 – point 1 – subparagraph 2

In the absence of a system for declaring collective agreements to be of universal application, Member States may, if they so decide, base themselves on collective agreements which are generally applicable to all similar undertakings in the geographical area and in the profession or industry concerned, and/or collective agreements which have been concluded by the most representative employers‘ and labour organisations at national level and which are applied throughout national territory;deleted

Amendment 139 #

Proposal for a directive
Article 16 – point 1 – subparagraph 2

Amendment 140 #

Proposal for a directive
Article 16 – point 1 a (new)

1a. social security benefits designated by Member States on the basis of the branches of social security as defined in Article 3 of Regulation (EC) No 883/2004;

Amendment 141 #

Proposal for a directive
Article 16 – point 2 – introductory part

~~2. equal treatment with nationals of the host Member State as regards at least with regard to:~~deleted

Amendment 142 #

Proposal for a directive
Article 16 – point 2 – introductory part

~~2. e~~Equal treatment with nationals of the host Member State ~~as regards at least with regard to~~shall relate to the following rights in particular:

Amendment 143 #

Proposal for a directive
Article 16 – point 2 – introductory part

2. equal treatment with nationals of the host Member State at least ~~with regar~~but not limited to:

Amendment 144 #

Proposal for a directive
Article 16 – point 2 – introductory part

2. equal treatment with nationals of the host Member State ~~as regards~~ at least with regard to:

Amendment 145 #

Proposal for a directive
Article 16 – point 2 – point a

(a) freedom of association and affiliation and membership of an organisation representing workers or of any organisation whose members are engaged in a specific occupation, including the rights and benefits conferred by such organisations, inter alia the right to negotiate and conclude collective agreements and the right to strike and take industrial action, in accordance with the host Member State’s national law and practice, without prejudice to the national provisions on public policy and public security;

Amendment 146 #

Proposal for a directive
Article 16 – point 2 – point a

(a) freedom of association and affiliation and membership of an organisation representing workers or of any organisation whose members are engaged in a specific occupation, including the right to take part in actions aimed at the conclusion of collective agreements, including strike action, and also including the benefits conferred by such organisations, without prejudice to the national provisions on public policy and public security;

Amendment 147 #

Proposal for a directive
Article 16 – point 2 – point a

(a) freedom of association and affiliation and membership of an organisation representing workers or of any organisation whose members are engaged in a specific occupation, including the rights and benefits conferred by such organisations, including the right to negotiate and conclude collective agreements and the right to strike and take industrial action, in accordance with the host Member State’s national law and practices, which must comply with Union law, without prejudice to the national provisions on public policy and public security;

Amendment 148 #

Proposal for a directive
Article 16 – point 2 – point a a (new)

(aa) the right to refuse to work where seasonal workers are used to break a strike;

Amendment 149 #

Proposal for a directive
Article 16 – point 2 – point a a (new)

(aa) working conditions, including pay and dismissal, as well as health and safety requirements at the work place;

Amendment 150 #

Proposal for a directive
Article 16 – point 2 – point b

~~(b) provisions in national laws regarding the branches of social security as defined in Article 3 of Council Regulation (EC) No 883/04;~~deleted

Amendment 151 #

Proposal for a directive
Article 16 – point 2 – point b

(b) without prejudice to Member States’ right to lay down criteria for entitlement to residence based benefits, provisions in national laws regarding the branches of social security as defined in Article 3 of Council Regulation (EC) No 883/2004;

Amendment 152 #

Thomas MANN

Proposal for a directive
Article 16 – point 2 – point b

(b) provisions in national laws regarding the branches of social security as defined in Article 3(1)(a) to (i) of Council Regulation (EC) No 883/2004; family benefits shall be excluded from equal treatment, since the aim of the Member States must be primarily to support families who are residing in the EU in the long term;

Amendment 153 #

Proposal for a directive
Article 16 – point 2 – point c

~~(c) payment of statutory pensions based on the worker's previous employment under the same conditions as nationals of the Member States concerned when they move to a third country;~~deleted

Amendment 154 #

Proposal for a directive
Article 16 – point 2 – point c a (new)

(ca) payment of holiday entitlements;

Amendment 155 #

Proposal for a directive
Article 16 – point 2 – point c – point i) (new)

(i) seasonal workers returning or moving to a country outside the Union, or the survivors of such workers deriving rights from them shall receive, in relation to old- age, invalidity and death, statutory pensions based on the workers' previous employment and acquired in accordance with the legislation set out in Article 3 of Regulation (EC) No 883/2004, under the same conditions and at the same rates as the nationals of the Member States concerned;

Amendment 156 #

Proposal for a directive
Article 16 – point 2 – point c– point ii) (new)

(ii) seasonal workers should have access on a non-discriminatory basis to the social security system of the place of work similar to other EU citizens working in this Member states under Regulation (EC) N° 883/2004;

Amendment 157 #

Proposal for a directive
Article 16 – point 2 – point c – point iii) (new)

(iii) Member States shall create mechanisms so that third-country workers returning or moving to a country outside the Union should be entitled to benefits which may be due in respect of any employment injury suffered, to compensation in lieu of any holiday entitlement acquired but not used and to reimbursement of social security contributions which have not given and do not give rise to rights under national laws or regulation or international arrangement.

Amendment 158 #

Proposal for a directive
Article 16 – point 2 – point d

(d) access to goods and services and the supply of goods and services made available to the public~~, except public housing and counselling services afforded by employment services~~.

Amendment 159 #

Proposal for a directive
Article 16 – point 2 – point d

(d) access to goods and services and the supply of goods and services made available to the public~~, except public hous~~ ing a~~nd counselling services afforded by employment services~~ccordance with Member State law.

Amendment 160 #

Proposal for a directive
Article 16 – point 2 – point d

(d) access to goods and services and the supply of goods and services made available to the public, except public housing and ~~counselling~~ services afforded by employment services.

Amendment 161 #

Proposal for a directive
Article 16 – point 2 – point d a (new)

(da) the right to submit complaints regarding their employer to the competent authorities and/or to bring actions before the competent courts, directly or through third parties such as employee organisations in accordance with the corresponding national statutory provisions, in order effectively to enforce the rights deriving from this Directive. The Member States shall provide effective mechanisms to safeguard this right.

Amendment 162 #

Proposal for a directive
Article 16 – point 2 a (new)

2a. back payments to be made by the employers. In respect of infringements of Article 3, the employer shall pay: (a) any outstanding remuneration to the third-country national; (b) any outstanding taxes and social security contributions, including relevant administrative fines

Amendment 163 #

Proposal for a directive
Article 16 a (new)

Article 16a Monitoring and inspections 1. Member States shall ensure that appropriate monitoring mechanisms are put in place, that adequate inspections are carried out on their territory by the relevant national authorities and that organisations representing workers' interests have access to the workplace and the accommodation, if provided by the employer, so as to ensure that the provisions laid down in this Directive, in particular regarding rights, working conditions and accommodation, are fully respected throughout the duration of the seasonal workers' stay in the Member State concerned. 2. Member States shall ensure that at least 20 % of companies offering seasonal employment established on their territory are subject to inspections every year 3. The selection of companies to be inspected shall be based on a risk assessment to be drawn up by the competent authorities in the Member States taking into account factors such as the sector in which a company operates and any past record of infringement.

Amendment 164 #

Proposal for a directive
Article 17 a (new)

Article 17a Subcontracting Where the employer is a subcontractor, Member States shall ensure that the main contractor and any intermediate subcontractor are liable to pay: (a) any fine imposed under the relevant Article of this Directive, and (b) any back payments due under the this Directive.

Amendment 165 #

Proposal for a directive
Article 17 b (new)

Article 17b Member States shall take the necessary steps to ensure that an employer who fails to comply with the standards for working conditions and accommodation may also, if appropriate, be subject to the following measures: (a) exclusion from entitlement to public benefits, aid or subsidies for up to five years; (b) exclusion from participation in a public tender for up to five years; (c) recovery of any public benefits, aid, or subsidies, including EU funding managed by Member States, granted to the employer, especially funding received under the Common Agricultural Policy (d) temporary or permanent closure of the establishments that have been used to commit the infringement.

Amendment 34 #

Proposal for a directive
Citation 5 a (new)

- having regard to the Charter of Fundamental Rights of the European Union, and in particular Article 15(3) and Articles 27, 28, 31, 33 thereof,

Amendment 35 #

Proposal for a directive
Citation 5 b (new)

- having regard to Convention No 97 on "Migration for Employment" of the International Labour Organisation (ILO),

Amendment 36 #

Proposal for a directive
Citation 5 c (new)

- having regard to ILO Convention No 143 on "Migrant Workers",

Amendment 37 #

Proposal for a directive
Citation 5 d (new)

- having regard to ILO Convention No 102 on "Social Security (Minimum Standards)",

Amendment 38 #

Proposal for a directive
Citation 5 e (new)

- having regard to ILO Convention No 118 on "Equality of treatment (Social Security)",

Amendment 39 #

Proposal for a directive
Citation 5 f (new)

- having regard to ILO Convention No 111 on "Discrimination (Employment and Occupation)",

Amendment 40 #

Proposal for a directive
Citation 5 g (new)

- having regard to ILO Recommendation No 86 on "Migration for Employment",

Amendment 41 #

Proposal for a directive
Citation 5 h (new)

- having regard to ILO Recommendation No 151 on "Migrant workers",

Amendment 42 #

Proposal for a directive
Citation 5 i (new)

- having regard to ILO Convention No 98 on "The Right to Organise and Collective Bargaining",

Amendment 43 #

Proposal for a directive
Recital 7

(7) This Directive should be applied without prejudice to the principle of EU preference as regards access to Member States' labour market as expressed in the relevant provisions of Acts of Accession. This notwithstanding, that principle should not be used to deviate from the principle of equal pay for equal work, as regards both workers from Member States and third country nationals.

Amendment 44 #

Proposal for a directive
Recital 7 a (new)

(7a) This Directive should set conditions and rights of third country national seasonal workers in full respect of the relevant ILO conventions.

Amendment 45 #

Proposal for a directive
Recital 9

(9) This Directive should not affect conditions of the provision of services in the framework of Article 56 of the TFEU. In particular, this Directive should not affect the terms and conditions of employment which, pursuant to 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 services8 , apply to workers posted by an undertaking established in a Member State to provide a service in the territory of another Member State. __________________ 8deleted OJ L 18, 21.1.1997, p. 1.

Amendment 46 #

Proposal for a directive
Recital 9

(9) This Directive should not affect conditions of the provision of services in the framework of Article 56 of the TFEU. In particular, this Directive should not affect the terms and conditions of employment which, pursuant to Directive 96/71/EC of the European Parliament and of the Council of 16 December 19968 concerning the posting of workers in the framework of the provision of services, apply to workers posted by an undertaking established in a Member State to provide a service in the territory of another Member State.

Amendment 47 #

Licia RONZULLI

Proposal for a directive
Recital 10

(10) Activities dependent on the passing of the seasons are typically to be found in sectors such as agriculture, during the planting or harvesting period, or tourism~~, during the holiday period~~.

Amendment 48 #

Proposal for a directive
Recital 10

(10) Activities dependent on the passing of the seasons are typically to be found in sectors such as agriculture and horticulture, during the planting or harvesting period, or tourism, during the holiday period.

Amendment 49 #

Proposal for a directive
Recital 10

(10) Activities dependent on the passing of the seasons are typically to be found in sectors such as agriculture, viticulture and horticulture, during the planting or harvesting period, or tourism, during the holiday period.

Amendment 50 #

Rovana PLUMB

Proposal for a directive
Recital 10

(10) Activities dependent on the passing of the seasons are typically to be found in sectors such as agriculture~~, during the planting or harvesting period, or tourism,~~ (in particular the zoo-technical and plant and flower sectors), during the planting or harvesting period, tourism, or large-scale construction (with particular reference to civil engineering sites and works) during the holiday period.

Amendment 51 #

Proposal for a directive
Recital 10

Amendment 52 #

Juozas IMBRASAS

Proposal for a directive
Recital 11

(11) ~~It should only be possible to apply for admission as a seasonal worker while the applicant~~The application should only considered and examined if the third- country national is residing outside the territory of the Member States to which admission is sought.

Amendment 53 #

Proposal for a directive
Recital 12

(12) The Directive should set out employers’ rights and obligations in respect of third-country national seasonal workers, requiring employers to comply with both EU legislation and that of the Member States in the field of health and safety at the workplace, without any derogations; furthermore, the Directive should not affect, where granted, the rights of third-country nationals already legally staying in a Member State to work.

Amendment 54 #

Proposal for a directive
Recital 13

(13) The Directive should provide for a flexible entry system based on demand and objective criteria, such as a valid work contract or a binding job offer ~~that specifies the level of remuneration applicable to seasonal workers in the sector concerned~~.

Amendment 55 #

Proposal for a directive
Recital 13

(13) The Directive ~~should provide for a flexible~~must establish a transparent and rigorous entry system based on market demand and objective criteria, such as the existence of a valid work contract or a binding job offer that specifies the level of remuneration applicable to seasonal workers in the sector concerned, which must be high enough to ensure that their temporary stay is lawful and consistent with social security requirements.

Amendment 56 #

Proposal for a directive
Recital 13

(13) The Directive should provide for a flexible entry system based on demand and objective criteria, such as a valid work contract or a binding job offer that specifies ~~the level of remuneration~~, in accordance with national provisions or collective agreements, the level of remuneration and secondary working conditions applicable to seasonal workers in the sector concerned.

Amendment 57 #

Philippe BOULLAND

Proposal for a directive
Recital 13

(13) The Directive should provide for a flexible entry system based on demand and objective criteria, such as a valid work contract or a binding job offer that specifies the level of remuneration applicable to seasonal workers in the sector concerned; a maximum duration should also be set for seasonal jobs.

Amendment 58 #

Kinga GÖNCZ, Sergio Gaetano COFFERATI

Proposal for a directive
Recital 14

(14) Member States should ~~have the possibility to apply a test~~ demonstrat~~ing~~ e that a posts cannot be filled from within the ~~domestic labour ma~~ir labour market except by third-country national seasonal worketrs.

Amendment 59 #

Proposal for a directive
Recital 14

(14) Also as a consequence of the crisis, the high unemployment rate and the great number of long-term unemployed people living in the EU, for whom seasonal work is often an important tool for easing financial difficulties, Member States should have the possibility to apply a test every year demonstrating that a post cannot be filled from within the domestic and the Union labour market.

Amendment 60 #

Proposal for a directive
Recital 16

(16) The duration of stay should be limited by Member States, in accordance with their needs, to a maximum period ~~per calendar~~in any year, whi~~ch, together with the definition of seasonal work, should ensure that the work is of genuinely seasonal nature~~le preserving the seasonal nature of the work. Provision should be made that within that maximum duration of stay, an extension of the contract or change of employer is possible. This should serve to reduce risks of abuses that seasonal workers may face if tied to a single employer and at the same time provide for a flexible response to employers’ actual workforce needs.

Amendment 61 #

Proposal for a directive
Recital 16

Amendment 62 #

Proposal for a directive
Recital 19

Amendment 63 #

Proposal for a directive
Recital 19

(19) In order to ensure that seasonal workers have adequate accommodation during their stay, including at a reasonable cost, and that they receive equal treatment to nationals and enjoy a decent standard of living, provision should be made to require employers to provide the evidence of the accommodation they or third-parties provide. It is necessary to ensure transparency with regard to the cost of the accommodation which should not be automatically deducted from the wage.

Amendment 64 #

Proposal for a directive
Recital 20

(20) Considering the specially vulnerable situation of third-country national seasonal workers and the temporary nature of their assignment, there is a need to ~~define clearly the working conditions applicable to such workers in order to ensure legal certainty by referring such conditions to generally binding instruments providing effective protection of~~provide effective protection of the rights of third- country seasonal workers, to check regularly for compliance and to fully guarantee respect for the pri~~ghts of third- country seasonal workers, such as law or universally applicable collective agreements~~nciple of equal treatment with workers who are nationals of the host Member State.

Amendment 65 #

Proposal for a directive
Recital 20

(20) Considering the specially vulnerable situation of third-country national seasonal workers and the temporary nature of their assignment, there is a need to define clearly the working conditions applicable to such workers in order to ensure legal certainty by referring such conditions to generally binding instruments providing effective protection of the rights of third- country seasonal workers, such as law or universally applicable collective agreementsfor special efforts by all stakeholders so as to counter all forms of discrimination. Accordingly, account needs to be taken of the principle of equal treatment, in particular as regards pay, i.e. by applying collective agreements and other arrangements on working conditions which have been concluded at all possible levels or for which there is statutory provision.

Amendment 66 #

Jutta STEINRUCK

Proposal for a directive
Recital 20

(20) Considering the specially vulnerable situation of third-country national seasonal workers and the temporary nature of their assignment, there is a need to ~~define clearly the working conditions applicable to such workers in order to ensure legal certainty by referring such conditions to generally binding instruments providing effective protec~~provide effective protection of the rights of third- country seasonal workers and to fully guarantee respect for the principle of equal treatment with workers who are nationals of the ~~rights of third- country seasonal workers, such as law or universally applicable collective agreements~~host Member State, in order to guarantee the principle of same pay for the same work in the same place.

Amendment 67 #

Proposal for a directive
Recital 20

(20) Considering the speci~~ally vulnerable~~fic situation of third-country national seasonal workers and the temporary nature of their assignment, there is a need to define clearly the ~~working conditions applicable to such workers in order to ensure legal certainty~~rights and obligations of such workers by referring such conditions to ~~generally binding~~ instruments providing effective protection of the rights of both third- country seasonal workers~~, such as law or universally applicable collective agreement~~ and employers.

Amendment 68 #

Evelyn REGNER

Proposal for a directive
Recital 20

Amendment 69 #

Philippe BOULLAND

Proposal for a directive
Recital 20

Amendment 70 #

Proposal for a directive
Recital 21

(21) In the absence of a system for declaring collective agreements of universal application, Member States may base themselves on collective agreements which are generally applicable to all similar undertakings in the geographical area and in the profession or industry concerned, and/orTo guarantee the principle of equality of treatment between European Union workers and third-country national seasonal workers, collective agreements of whatever kind which have been concluded ~~by the most representative employers' and labour organisations at national level and which are applied throughout national territory~~at any level, including at company level, and are applicable to the employment relationship should apply to third-country national seasonal workers.

Amendment 71 #

Proposal for a directive
Recital 21

(21) In ~~the absence of a system for declaring collec~~addition to the legislative, agreements of universal application, Member States may base themselves on collective agreements which are generally applicable to all similar undertakings in the geographical area and in the profession or industry concerned,dministrative and regulatory provisions applicable to workers who are nationals of the host Member State, arbitration decisions and~~/or~~ collective agreements ~~which have been concluded by~~and contracts concluded at any level, in accordance with the mhost ~~representative employers' and labour organisations at national level and which are applied throughout national territory~~Member State’s national law and practice, should also apply to third-country national seasonal workers under the same terms as to nationals of the host Member State.

Amendment 72 #

Proposal for a directive
Recital 21

(21) In the absence of a system for declaring collective agreements of universal application, Member States may base themselves on ~~collective agreements which are generally applicable to all similar undertakings in the geographical area and in the profession or industry concerned, and/or collective agreements which hav~~a flexible decentralised bargaining system which clearly establishes the rights and obligations of both seasonal workers and employers, so as to make it easier to reconcile the bnee~~n concluded by the most representative employers' and labour organisations at national level and which are applied throughout national territory~~ds of both parties arising, inter alia, from the specific differences among the various professions or industries concerned.

Amendment 73 #

Proposal for a directive
Recital 21

Amendment 74 #

Proposal for a directive
Recital 22

(22) Third-country national seasonal workers should be granted equal treatment in respect of those branches of social security listed in Article 3 of Regulation (EC) No 883/04 on the coordination of social security systems. This Directive should not confer more rights than those already provided in existing EU legislation in the field of social security for third-country nationals who have cross-border interests between Member States. Furthermore, this Directive should not grant rights in relation to situations which lie outside the scope of that EU legislation such as, for example, to family members residing in a third country. This is without prejudice to the non discriminatory application by Member States of national legislation providing for de minimis rules on contributions to pension systems.deleted

Amendment 75 #

Proposal for a directive
Recital 22

(22) ~~Third-country national seasonal workers should be granted equal treatment~~Adequate social security coverage for seasonal workers is a key element of this Directive and important for ensuring that their working and living conditions while staying in the Union are decent. Equal treatment should be granted to third- country nationals. Special attention should be given to provisions ensuring equal treatment as regards social security under national law in respect of those branches of social security ~~list~~defined in Article 3 of Regulation (EC) No 883/~~2004 on the coordination of social security systems. This Directive should not confer more rights than those~~04 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems. Without prejudice to bilateral algre~~ady~~ements provided in existing EU legislation in the field of social security for third-country nationals who have cross- border interests between Member States. Furthermore, this Directive should not grant rights in relation to situations which lie outside the scopeing for better social security coverage, this Directive should establish mechanisms which ensure effective coverage by social security during the stay and mechanisms for exporting acquired rights where applicable. This may include special adjustments concerning inter alia the qualifying ofr that EU legislation such as, for example, to family members residing in a third country. This is without prejudice to the non discriminatory application by Member States of national legislation providing for de minimis rules on contributions to pension systeme waiting period. Any restrictions to the equal treatment in the field of social security under this Directive should be without prejudice to the rights conferred in application of Regulation (EU) No1231/2010 of the European Parliament and of the Council of 24 November 2010 extending Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 to nationals of third countries who, solely on the ground of their nationality, are not already covered by these Regulations.

Amendment 76 #

Proposal for a directive
Recital 22

(22) Third-country national seasonal workers should be granted equal treatment in respect of those branches of social security listed in Article 3 of Regulation (EC) No 883/2004 on the coordination of social security systems. This Directive should not confer more rights than those already provided in existing EU legislation in the field of social security for third-country nationals who have cross-border interests between Member States. Furthermore, this Directive should not grant rights in relation to situations which lie outside the scope of that EU legislation such as, for example, to family members residing in a third country. This is without prejudice to the non discriminatory application by Member States of national legislation providing for de minimis rules on contributions to pension systems.

Amendment 77 #

Proposal for a directive
Recital 22

(22) ~~Third-country national seasonal workers should be granted equal treatment in respect~~On the basis of those branches of social security ~~listed~~referred to in Article 3 of Regulation (EC) No 883/04 o~~n the coordination of social security system~~f the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, Member States shall define which of these benefits cover seasonal workers. This Directive should not confer more rights than those already provided in existing EU legislation in the field of social security for third-country nationals who have cross-border interests between Member States. Furthermore, this Directive should not grant rights in relation to situations which lie outside the scope of that EU legislation such as, for example, to family members residing in a third country. This is without prejudice to the non discriminatory application by Member States of national legislation providing for de minimis rules on contributions to pension systems.

Amendment 78 #

Proposal for a directive
Recital 22

(22) Third-country national seasonal workers should be granted equal treatment in respect of those branches of social security listed in Article 3 of Regulation (EC) No 883/04 on the coordination of social security systems, while also having to comply with both EU legislation and that of the Member States in the field of health and safety at the workplace, without any derogations. This Directive should not confer more rights than those already provided for in existing EU legislation in the field of social security for third- country nationals who have cross- border interests between Member States. Furthermore, this Directive should not grant rights in relation to situations which lie outside the scope of that EU legislation such as, for example, to family members residing in a third country. This is without prejudice to the non discriminatory application by Member States of national legislation providing for de minimis rules on contributions to pension systems.

Amendment 79 #

Proposal for a directive
Recital 22 a (new)

(22a) To ensure the proper enforcement of this Directive, and in particular the provisions regarding rights, working conditions and accommodation, Member States should ensure that appropriate control and monitoring mechanisms are put in place and that effective and adequate inspections are carried out on their territory. With a view to increasing the effectiveness of those inspections, Member States should ensure that national legislation gives adequate powers and resources to competent authorities to carry out inspections; that the results of previous inspections are collected and processed for the effective implementation of this Directive; and that sufficient staff are available with the skills and qualifications needed to carry out inspections effectively. Member States should provide for adequate, proportionate and dissuasive sanctions such as financial penalties to be imposed on the employer in the event of failure.

Amendment 80 #

Proposal for a directive
Recital 23

(23) To facilitate enforcement~~, relevant designated third parties such as trade unions or other associations should be able to lodge complaints in order to ensure effective applicat~~ of this Directive, effective mechanisms should be developed through which seasonal workers may lodge complaints directly or through relevant third parties such as trade unions o~~f the Directive~~r other associations. This is considered necessary to address situations where seasonal workers are unaware of the existence of enforcement mechanisms or hesitant to use these in their own name, out of fear of possible consequences. There should also be adequate judicial protection against the victimisation of seasonal workers as a result of a complaint being made. Organisations representing workers' rights should have access to the relevant documentation and to any accommodation provided.

Amendment 81 #

Philippe BOULLAND

Proposal for a directive
Recital 23

(23) To facilitate enforcement, effective legal remedy should be available to third- country nationals, and relevant designated third parties such as trade unions or other associations should be able to lodge complaints in order to ensure effective application of the Directive. This is considered necessary to address situations where seasonal workers are unaware of the existence of enforcement mechanisms or hesitant to use these in their own name, out of fear of possible consequences.

Amendment 82 #

Proposal for a directive
Recital 23

(23) To facilitate enforcement, relevant designated third parties such as trade unions or other associations should be able to lodge complaints and actions in order to ensure effective application of the Directive. This is considered necessary to address situations where seasonal workers are unaware of the existence of enforcement mechanisms or hesitant to use these in their own name, out of fear of possible consequences.

Amendment 83 #

Proposal for a directive
Recital 23 a (new)

(23a) Member States must ensure that appropriate checks and effective inspections are carried out in order to guarantee proper enforcement of this Directive. To that end, Member States must grant the competent authorities sufficient powers and resources. The results of inspections must be collated in an appropriate report and will serve to improve enforcement of this Directive.

Amendment 84 #

Proposal for a directive
Recital 23 a (new)

(23a) Nationals of third countries who are authorised to work in the territories of the Member States are entitled to working conditions equivalent to those of citizens of the Union.

Amendment 85 #

Proposal for a directive
Recital 23 b (new)

(23b) Working conditions in this Directive are to be understood to cover at least pay and dismissal, health and safety at the workplace, working time and leave, family and professional life taking into account collective agreements in force.

Amendment 86 #

Proposal for a directive
Article 2 – paragraph 1

Amendment 87 #

Proposal for a directive
Article 2 – paragraph 2

2. This Directive shall not apply to third- country nationals who are carrying out activities on behalf of undertakings established in another Member State in the framework of a provision of services within the meaning of Article 56 of the Treaty on the Functioning of the European Union, including those posted by undertakings established in a Member State in the framework of a provision of service in accordance with Directive 96/71/EC.deleted

Amendment 88 #

Proposal for a directive
Article 2 – paragraph 2

Amendment 89 #

Proposal for a directive
Article 2 – paragraph 2 a (new)

2a. This Directive shall not apply to construction, including related economic activities (NACE Rev. 1.1 codes 45.1 to 45.4; activities listed in the annex to Directive 96/71/EC).

Amendment 90 #

Proposal for a directive
Article 2 – paragraph 2 a (new)

2a. This Directive shall apply to the agriculture, horticulture and tourism sectors. Member States may decide to extend its application to additional activities that are dependent on the passing of the seasons, provided that the social partners do not conclude an agreement opposing this supported by objective reasons.

Amendment 91 #

Sergio Gaetano COFFERATI, Claude MORAES

Proposal for a directive
Article 3 – point b

Amendment 92 #

Proposal for a directive
Article 3 – point c

Amendment 93 #

Proposal for a directive
Article 3 – point d

Amendment 94 #

Proposal for a directive
Article 3 – point e

(e) ‘single application procedure’ means a procedure leading, on the basis of one application for the authorisation of a third- country national’s residence and work in the territory of ~~a Member State~~the European Union, to a decision on the application;

Amendment 95 #

Proposal for a directive
Article 3 – point f

(f) ‘universally applicable collective agreement’ means a collective agreement which must be observed by all undertakings in the geographical area and in the profession or industry concerned. In the absence of a system for declaring collective agreements to be of universal application, Member States may, if they so decide, base themselves on collective agreements which are generally applicable to all similar undertakings in the geographical area and in the profession or industry concerned, and/or collective agreements which have been concluded by the most representative employers‘ and labour organisations at national level and which are applied throughout national territory.deleted

Amendment 96 #

Proposal for a directive
Article 3 – point f

(f) ‘~~universally applicable~~ collective agreement’ means a collective agreement which must be observed by all undertakings in the geographical area and in the profession or industry concerned. In the absence of a system for declaring collective agreements to be of universal application, Member States may, if they so decide, base themselves on collective agreements which are generally applicable to all similar undertakings in the geographical area and in the profession or industry concerned, and/or collectivell kinds of collective agreements which have been concluded at any level, including at company level, and agre~~ements which have been concluded by the most representative employers' and labour organisations at national level and which are applied throughout national territory~~ applicable to the employment relationship of seasonal workers.

Amendment 97 #

Proposal for a directive
Article 3 – point f

(f) ~~‘universally applicable~~ 'collective agreement’' means any collective agreement which must be observed by all undertakings in the geographical area and in the profession or industry concerned. In the absence of a system for declaring collective agreements to be of universal application, Member States may, if they so decide, base themselves on collective agreements which are generally applicable to all similar undertakings in the geographical area and in the profession or industry concerned, and/or collective agreements which have been concluded byconcluded at any level, in accordance with national legislation and practices of the mhost ~~representative employers' and labour organisations at national level and which are applied throughout national territory~~Member State.

Amendment 98 #