2020/2010(INI) New Avenues for Legal Labour Migration
Lead committee dossier:
Progress: Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | LIBE |
GUILLAUME Sylvie ( S&D)
|
DÜPONT Lena ( EPP),
AZMANI Malik ( Renew),
BOESELAGER Damian ( Verts/ALE),
KOFOD Peter ( ID),
WEIMERS Charlie ( ECR),
BARRENA ARZA Pernando ( GUE/NGL)
|
| Committee Opinion | EMPL |
RAFALSKA Elżbieta ( ECR)
|
Samira RAFAELA ( RE),
Guido REIL ( ID),
Estrella DURÁ FERRANDIS ( S&D)
|
Lead committee dossier:
Legal Basis:
RoP 54
Legal Basis:
RoP 54Events
2021/09/22
EC - Commission response to text adopted in plenary
Documents
2021/05/20
EP - Results of vote in Parliament
Documents
2021/05/20
EP - Decision by Parliament
Details
The European Parliament adopted by 495 votes to 163, with 32 abstentions, a resolution on new avenues for legal labour migration.
Starting from the premise that migration is a normal phenomenon, Parliament highlighted the contribution that third-country nationals make to European societies and economies, while stressing that migration needs to be managed in an orderly, safe and regular manner.
In order to open up new avenues for legal economic migration , Members called for the EU to set ambitious and sustainable targets, while making effective use of and improving the existing legal policy framework.
The current EU legislative framework
Recalling that Article 79 TFEU provides for EU-wide management of legal migration, Parliament urged Member States to develop a common immigration policy , with common rules on the conditions of entry and residence of third-country nationals and definitions of the rights they enjoy once they are legally resident in the EU, including the conditions governing freedom of movement and residence in other Member States.
Members pointed out that the current legislative framework and divergent transpositions of existing directives by Member States have created many inconsistencies for third-country nationals. They recommended simplifying the legislative framework by harmonising the provisions in all existing directives on legal migration relating to application procedures, grounds for admission and refusal, procedural guarantees, equal treatment, access to the labour market.
According to Members, the establishment of a comprehensive EU framework for legal migration would promote more orderly migration , attract the workers, students and businesses that national and EU labour markets need, help undermine the criminal business model of human smugglers and traffickers, improve access to decent working conditions, and promote the integration of women and men on an equal footing.
Member States are also invited to strengthen coordination between national authorities in relation to mobility programmes for third-country nationals within the EU.
Creating a talent pool
New tools would be needed to help match employers with potential employees, address labour market shortages and facilitate the recognition of formal third-country skills and qualifications at EU level.
Members therefore proposed the establishment of an EU-wide talent pool to identify and match talent, which would serve as a one-stop shop for third-country workers, EU employers and national administrations.
This pool should cover all employment sectors, low, medium and high-skilled workers, as well as salaried and self-employed jobs, including in SMEs and start-ups. The EU could play a major role in setting up, controlling and monitoring this tool, including through funding.
Parliament also recommended facilitating and accelerating the mutual recognition and certification of diplomas , certificates and other professional qualifications, including the formal and non-formal acquisition of skills in third countries.
Strengthened relations with third countries and the promotion of legal entry routes
Given the EU's ageing population and shrinking workforce, Members stressed that labour mobility programmes could boost the EU's labour markets and contribute to economic growth. Global and regional cooperation on migration should be supported as a means of enhancing the availability and flexibility of legal migration channels.
Members considered that a broader dialogue on migration , for example through regular summits between the EU and various third countries, could make it easier to respond to the needs of EU labour markets and facilitate balanced partnerships.
The resolution also stressed the important role of remittances and the benefits of safe and regular migration for both sending and receiving countries. It supported efforts to address the problems of ‘brain drain’ by developing instruments for circular migration . To this end, it asked the Commission to analyse the models currently applied by other countries, such as points-based systems.
To facilitate circular migration, Members proposed the introduction of preferential mobility, access to renewable permits, the right of re-entry and an extension of the period of authorised absence to allow third-country nationals to return to their country of origin.
Developing the EU legislative framework
Parliament argued that sectoral directives are a panacea neither for the EU’s labour market needs, nor for the issue of legal migration more generally. It believes that, in the medium term, the EU must move away from a sectoral approach and adopt an immigration code setting out broad rules governing entry and residence for all TCNs seeking employment in the Union and harmonising the rights enjoyed by such TCNs and their families.
Documents
2021/05/19
EP - Debate in Parliament
Documents
2021/04/26
EP - Committee report tabled for plenary, single reading
Documents
2021/04/26
EP - Committee report tabled for plenary
Documents
2021/04/13
EP - Vote in committee
2021/01/15
EP - Committee opinion
Documents
2020/11/12
EP - Amendments tabled in committee
Documents
2020/11/09
EP - GUILLAUME Sylvie (S&D) appointed as rapporteur in LIBE
2020/10/09
EP - Committee draft report
Documents
2020/04/27
EP - RAFALSKA Elżbieta (ECR) appointed as rapporteur in EMPL
2020/01/16
EP - Committee referral announced in Parliament
2020/01/16
EP - Referral to associated committees announced in Parliament
Documents
- Commission response to text adopted in plenary: SP(2021)507
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament: T9-0260/2021
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, single reading: A9-0143/2021
- Committee report tabled for plenary: A9-0143/2021
- Committee opinion: PE655.901
- Amendments tabled in committee: PE659.022
- Committee draft report: PE657.255
- Committee draft report: PE657.255
- Amendments tabled in committee: PE659.022
- Committee opinion: PE655.901
- Committee report tabled for plenary, single reading: A9-0143/2021
- Commission response to text adopted in plenary: SP(2021)507
Activities
- Sylvie GUILLAUME
Plenary Speeches (1)
- Balázs HIDVÉGHI
Plenary Speeches (1)
- Agnes JONGERIUS
Plenary Speeches (1)
- Ádám KÓSA
Plenary Speeches (1)
- Gilles LEBRETON
Plenary Speeches (1)
- Maite PAGAZAURTUNDÚA
Plenary Speeches (1)
- Gunnar BECK
Plenary Speeches (1)
- Peter KOFOD
Plenary Speeches (1)
- Isabel SANTOS
Plenary Speeches (1)
- Guido REIL
Plenary Speeches (1)
- Pernille WEISS
Plenary Speeches (1)
- Rob ROOKEN
Plenary Speeches (1)
- Dorien ROOKMAKER
Plenary Speeches (1)
- Cyrus ENGERER
Plenary Speeches (1)
Votes
De nouvelles voies pour une migration économique légale - New Avenues for Legal Labour Migration - Neue Wege der legalen Arbeitskräftemigration - A9-0143/2021 - Sylvie Guillaume - Am 1 #
2021/05/19 Outcome: -: 534, +: 141, 0: 15
NI
The Left
PPEDe nouvelles voies pour une migration économique légale - New Avenues for Legal Labour Migration - Neue Wege der legalen Arbeitskräftemigration - A9-0143/2021 - Sylvie Guillaume - Proposition de résolution #
2021/05/20 Outcome: +: 495, -: 163, 0: 32
| Amendments | Dossier |
| 145 |
2020/2010(INI)
2020/09/23
EMPL
145 amendments...
Amendment 1 #
Draft opinion Recital -A (new) -A. whereas there are three types of legal status benefiting from international protection, i.e. people with refugee status, people seeking asylum, and people benefiting from subsidiary protection; whereas social inclusion and labour market integration policies should be tailored to their specific needs and ensure equal treatment with nationals;
Amendment 10 #
Draft opinion Recital B B. whereas the labour market and social policy play a crucial role in labour migration; whereas access to work is a much stronger incentive for migration than welfare for both EU and non-EU citizens;
Amendment 100 #
Draft opinion Paragraph 3 e (new) 3e. Calls on the Commission to undertake an urgent study of the general situation of the employment and health and safety conditions of third-country national posted and seasonal workers, including the role of temporary work agencies, recruiting agencies, other intermediaries, and subcontractors, to identify protection gaps and the possible need to revise the existing legislative framework, such as the legislative framework for health and safety at work, Directive 2014/36/EU on seasonal workers and Directive 2008/104/EC on temporary agency work, as well as pandemic-proofing; stresses that not only are the lessons learned valid concerning the COVID-19 crisis, they should also strengthen evidence-based policy-making to address the shortcomings of EU and national legislation in times of crises and normality;
Amendment 101 #
Draft opinion Paragraph 4 4.
Amendment 102 #
Draft opinion Paragraph 4 4. Emphasises the need to improve the collection of data, best practices and information on the implementation
Amendment 103 #
Draft opinion Paragraph 4 4.
Amendment 104 #
Draft opinion Paragraph 4 4. Emphasises the need to improve the collection of data and information on the implementation of EU law by providing support for networks of experts and research, and via the presentation of statistics by the Member States; and provide a clearer picture of different target groups of skilled workers, especially in sectors in which Member States face skills shortages;
Amendment 105 #
Draft opinion Paragraph 4 4. Emphasises the need to improve the collection of quality and comparable data and information on the implementation of EU law by providing support for networks of experts and research, and via the presentation of statistics by the Member States;
Amendment 106 #
Draft opinion Paragraph 4 a (new) 4a. Emphasises the need to improve the functioning of work permit routes for non-EU migrants to reach Europe and enforce respect for migrants and refugee workers' rights; in that respect, calls on the Commission to regulate all recruitment agencies, potentially through the European Labour Authority;
Amendment 107 #
Draft opinion Paragraph 4 a (new) 4a. Stresses the need to strengthen cooperation and information exchange between Member States, in particular with regard to intra-EU mobility of third- country nationals, which will help to demonstrate the full added value and facilitate the implementation of EU mobility rules;
Amendment 108 #
Draft opinion Paragraph 4 b (new) 4b. Emphasises the need to strengthen existing legal migration pilot projects in dialogue with trade unions and other organisations working with migrant workers;
Amendment 109 #
Draft opinion Paragraph 4 c (new) 4c. Emphasises the need to create a more favourable environment for the integration and protection of migrant workers' rights, irrespective of their skills or wage level, immigration status or nationality, ultimately leading to a European Migration Code ;
Amendment 11 #
Draft opinion Recital B B. whereas the labour market and social policy play a crucial role in legal labour migration; whereas the EU must become stronger in the global competition for qualified professionals;
Amendment 110 #
Draft opinion Paragraph 4 d (new) 4d. Emphasises the need to make Common Agriculture Policy payments conditional to the respect of applicable working conditions resulting from relevant collective labour agreements and national and EU social and labour law;
Amendment 111 #
Draft opinion Paragraph 5 5. Emphasises th
Amendment 112 #
Draft opinion Paragraph 5 5. Emphasises the need to combat unfair competition between the nationals of Member States and third-country nationals
Amendment 113 #
Draft opinion Paragraph 5 5.
Amendment 114 #
Draft opinion Paragraph 5 5. Emphasises the need to combat unfair competition between the nationals of Member States and third-country nationals by ensuring equal treatment above all on the terms of employment, the right to strike and to join a trade union, access to social protection from day one, access to public services and education and taking
Amendment 115 #
Draft opinion Paragraph 5 5. Emphasises the need to combat unfair competition between service providers, the nationals of Member States and third-country nationals by ensuring equal treatment and taking action to prevent the exploitation of workers
Amendment 116 #
Draft opinion Paragraph 5 5. Emphasises the need to combat unfair competition between the nationals of Member States and third-country nationals by ensuring equal treatment and taking action to prevent the abuse and exploitation of workers
Amendment 117 #
Draft opinion Paragraph 5 a (new) 5a. Calls on the Commission to ensure that the ELA becomes fully operational as a matter of priority; stresses the need to provide relevant information on the rights of workers and obligations of employers also in relation to third-country national workers in the EU; recalls the need for the ELA to coordinate and support targeted inspections on posting and undeclared work also in relation to third- country national workers;
Amendment 118 #
Draft opinion Paragraph 5 a (new) 5a. Calls on Member States to participate in the legal migration pilot projects launched by the Commission in 2017 (Delivery of the European Agenda on Migration, COM(2017) 558 final) and to actively promote the role that legal migration can play on the labour market. further calls on the Commission to ensure that these pilot projects are inclusive and guarantee equal treatment and equal opportunities for third nationals;
Amendment 119 #
Draft opinion Paragraph 5 a (new) 5a. Underlines that existing legislation such as the employer’s sanctions directive 2009/52/EC, establishing measures protecting workers from abuses and exploitation at the workplace, must be applied and properly implemented in all EU Member States; emphasizes the importance of equal treatment of all workers, being national or from other EU Member State or a third-country national;
Amendment 12 #
Draft opinion Recital B a (new) Ba. whereas in 2019, the EU-27 employment rate for people aged 20 to 64 years was 64.4% for those born outside the EU, 73.9% for the native-born population and 75.3% for those born in another EU Member State1a; __________________ 1ahttps://ec.europa.eu/eurostat/statistics- explained/index.php/Migrant_integration _statistics_–_labour_market_indicators
Amendment 120 #
Draft opinion Paragraph 5 a (new) 5a. Emphasises the need of more opportunities for regular migration, for economic migrants to enter and work in the EU and enforce respect of minimum rights, decent working standards and the equal treatment principle in favour of all workers regardless of their migration status, including minimum rights ensuring transitions from irregular to regular employment;
Amendment 121 #
Draft opinion Paragraph 5 a (new) 5a. Measures should be proposed that promote a requirement to boost the potentials of legally-residing immigrants to the EU, so that they develop the skills needed on the labour market they are seeking to access by means of training schemes that enhance employability through the pursuit of excellence;
Amendment 122 #
Draft opinion Paragraph 5 a (new) 5a. Calls on the Commission and Member States to increase their efforts in order to retain foreign students after graduating from EU-universities; stresses that granting graduates access to intra- EU mobility and valid jobseekers visa could increase the attractiveness of the EU as a whole;
Amendment 123 #
Draft opinion Paragraph 5 a (new) 5a. Stresses the need to maintain flexibility in EU regulations to take account of the specific circumstances of the individual Member States, including their labour market situation and the use of optional clauses in directives;
Amendment 124 #
Draft opinion Paragraph 5 a (new) 5a. Stresses that further opportunities for labour mobility within the Union must be legally guaranteed;
Amendment 125 #
Draft opinion Paragraph 5 b (new) 5b. Highlights that slow and excessively bureaucratic procedures may affect refugees and asylum seekers’ access to education and the labour market, increasing over time the risk to fall in undeclared work and situations of vulnerability; points out that a lengthy processing of international protection applications, and a failed registration of asylum seekers at their arrival, not only impedes timely and legal access of refugees and asylum seekers to the labour market, but also generates conditions for the development of undeclared work practices and all forms of exploitation and abuses;
Amendment 126 #
Draft opinion Paragraph 5 b (new) 5b. Calls on the Commission to ensure that the ELA becomes fully operational as a matter of priority; stresses the need to provide relevant information on the rights of workers and obligations of employers also in relation to third-country national workers in the EU; recalls the need for the ELA to coordinate and support targeted inspections on posting and undeclared work also in relation to third- country national workers;
Amendment 127 #
Draft opinion Paragraph 5 b (new) 5b. Calls on the Member States to step up their efforts to make their countries more attractive places for mobile human capital in the international arena, including investors and businesspeople, who are increasingly regarded as valuable assets to be attracted;
Amendment 128 #
Draft opinion Paragraph 5 b (new) 5b. Calls on the Commission and the Member States to further develop legal pathways for labour migration taking into account the demands and needs of the national labour market and with a focus on occupations with a systemic shortfall of workers;
Amendment 129 #
Draft opinion Paragraph 5 b (new) 5b. Underlines the importance to provide legal migrants within the Union with relevant opportunities to benefit from their labour skills and EU mobility opportunities;
Amendment 13 #
Draft opinion Recital B a (new) Ba. whereas women and minors have specific protection needs; whereas all social inclusion and labour market integration policies for third-country nationals need to include a gender and child protection perspective;
Amendment 130 #
Draft opinion Paragraph 5 c (new) 5c. Calls for equal opportunities for men and women in all policies and procedures relating to social inclusion and labour market integration of third- country nationals, bearing in mind that women take more often than men the responsibility for the care of children, elderly, or other dependent family members; recalls that provision of quality and accessible childcare and care for other dependants, as well as flexible working arrangements and the implementation of existing EU legislation such as the Work-life balance Directive, are examples of how to improve access to labour markets for all parents and carers and enable their economic and social empowerment;
Amendment 131 #
Draft opinion Paragraph 5 c (new) 5c. Welcomes the Commission’s initiatives to bring together economic and social partners on the topic of integration in the labour market; stresses the need to continue initiatives such as the “Employers together for integration”, the “European partnership on integration”, “the European dialogue on skills and migration” to spur the support and understanding of benefits and pitfalls in terms of labour migration; in this respect, calls on the Commission and Member States to continue the dialogue with economic and social partners and other stakeholders on the topic of labour migration;
Amendment 132 #
Draft opinion Paragraph 5 c (new) 5c. Notes that third-country nationals may be posted from either a third country to an EU Member State directly or from one EU Member State to another by obtaining a work permit in the first Member State prior to their posting to the second Member State; recalls that the Posting of Workers Directives 96/71/EC and 2018/957, including the Enforcement Directive 2014/67/EU, apply to intra-EU postings of third-country nationals;
Amendment 133 #
Draft opinion Paragraph 5 c (new) 5c. Emphasises the need to improve the existing system of recognition of professional qualifications among the EU member states as a precondition for facilitating the labour mobility;
Amendment 134 #
Draft opinion Paragraph 5 c (new) 5c. Draws attention to the problem of people working below their qualification levels; calls on the Member States to cooperate more closely on the mutual recognition of qualifications;
Amendment 135 #
Draft opinion Paragraph 5 d (new) 5d. Stresses the benefits of education in labour market access and integration; calls thus for strengthening the European Qualifications Framework for the adequate recognition of skills, competences, and qualifications obtained outside the European borders; calls furthermore on the Member States to recognize, validate and certify existing skills, and formal and non-formal competences, talents and know-how, of migrants from third-countries; underlines the importance of guaranteeing to all third-country nationals and in particular, girls and women, young people and persons from a disadvantaged background, access to formal, informal and non-formal education and life-long quality training;
Amendment 136 #
Draft opinion Paragraph 5 d (new) 5d. Underlines that the increase of posted third-country national workers in the EU is not problematic per se, but the worrying increase of abuses, exploitations and violations of workers’ rights in relation to this particularly vulnerable group of workers;
Amendment 137 #
Draft opinion Paragraph 5 d (new) 5d. Calls on the Commission to encourage the financing of skills partnership projects focusing on labour migration and inclusion under the umbrella of ESF+ and AMIF;
Amendment 138 #
Draft opinion Paragraph 5 e (new) 5e. Urges the Commission and the Member States to step their efforts in tackling exploitation also in relation to third-country national posted workers, including abusive practices such as through subcontracting, temporary work agencies, letter-box companies, bogus self-employment, bogus posting and undeclared posted workers;
Amendment 139 #
Draft opinion Paragraph 5 e (new) 5e. Emphasises the need for continuous support for life-long learning for both citizens of EU Member States and third-country nationals residing in the European Union to encourage the acquisition of needed skills to function in the labour market;
Amendment 14 #
Draft opinion Recital B a (new) Ba. whereas the fragmented migration EU policy system has substantially limited the possibility for businesses to utilise the EU Internal Market as a factor of attractiveness for TCN´s;
Amendment 140 #
Draft opinion Paragraph 5 e (new) 5e. Calls on European institutions to retake the discussions on the revision of the Blue Card Directive immediately, and unblock the situation at the Council;
Amendment 141 #
Draft opinion Paragraph 5 f (new) 5f. Underlines that undeclared third- country national workers find themselves in a particularly vulnerable situation without job security, access to social protection and at risk of abuse; considers that undeclared third-country national workers may experience particular difficulties in reporting abuse, afraid of losing not only their job but also their home and residency; calls on the ELA and the Member States to step up their efforts in tackling undeclared work, effectively enforcing the obligations of employers to end the exploitation and declare and regularise their workers; calls for the introduction of firewalls between labour inspectorates and migration authorities in order to guarantee the rights of undocumented migrant workers are respected;
Amendment 142 #
Draft opinion Paragraph 5 f (new) 5f. Highlights the crucial work done by social partners, civil society, local and regional authorities as well as volunteer organisations in offering support for the empowerment and integration of migrants from outside the EU into the labour force, and providing migrant workers with information, in particular about their rights and duties and the protection to which they are entitled; calls also for the full involvement of these stakeholders in the policy-making process;
Amendment 143 #
Draft opinion Paragraph 5 g (new) 5g. Considers as important to provide adequate training on employment legislation, rights, and duties to third- country nationals, as well as to institutional authorities, to ensure that migrants are not exploited through undeclared work practices and other forms of severe labour exploitation or discrimination at the workplace;
Amendment 144 #
Draft opinion Paragraph 5 h (new) 5h. Underlines the fact that labour market conditions within host countries are one of the determining factors when it comes to ensuring sustainable and successful integration of third-country nationals; is aware of the fact that these persons are heterogenic in terms of age, skills, knowledge, and background; stresses that unemployment in the EU, in particular youth and long-term unemployment, is still at alarming levels in some countries and regions, and that the Commission and the Member States should continue to prioritize policies and investments aimed at providing quality employment for the whole of society, with a particular focus on the most vulnerable people, independently of their situation and birth place; recalls that actions to create quality employment for all promote active labour markets and growth, having a positive impact on national GDPs;
Amendment 145 #
Draft opinion Paragraph 5 i (new) 5i. Recalls the importance of using integration funds for real integration measures, and that the objective of labour market integration of third-country nationals must be reflected in greater importance being given to the European Social Fund+; stresses the insufficient allocations to this fund acknowledging the big challenges and the number of key initiatives to be financed by the fund, and calls for investment and additional resources;
Amendment 15 #
Draft opinion Recital B b (new) Bb. whereas in 2019, the EU-27 unemployment rate for people aged 20 to 64 years was 12.3% for those born outside the EU, 7.3% for those born in another EU Member State and 6.0% for the native-born population1b; __________________ 1bhttps://ec.europa.eu/eurostat/statistics- explained/index.php/Migrant_integration _statistics_–_labour_market_indicators
Amendment 16 #
Draft opinion Recital C Amendment 17 #
Draft opinion Recital C C. whereas owing to demographic change
Amendment 18 #
Draft opinion Recital C C. whereas demographic change is gradually bringing about qualitative shortages on the labour market, making it hard to find suitably qualified workers, and, as demographic trends become increasingly unfavourable with an expected rise of old-age dependency ratio to increase from 29,6% in 2016 to 51,2% in 20701a, there are also quantitative shortages, i.e. a general shortfall in the number of people who are willing and able to take up employment, whether or not efforts are made to match supply in terms of the skills and knowledge sought; __________________ 1aEuropean Commission (2018). The 2018 Ageing Report: economic and budgetary projects for the 28 EU Member States. https://ec.europa.eu/info/publications/eco nomy-finance/2018-ageing-report- economic-and-budgetary-projections-eu- member-states-2016-2070_en
Amendment 19 #
Draft opinion Recital C C. whereas demographic change is gradually bringing about qualitative shortages on the labour market, making it hard to find suitably qualified workers, and, as demographic trends become increasingly unfavourable, there are also quantitative shortages, i.e. a general shortfall in the number of people who are willing and able to take up employment
Amendment 2 #
Draft opinion Recital A A. whereas the
Amendment 20 #
Draft opinion Recital C C. whereas demographic change is gradually bringing about qualitative shortages on the labour market, making it hard to find suitably qualified workers, and, as demographic trends become increasingly unfavourable, there are also quantitative shortages, i.e. a general shortfall in the number of people who are willing and able to take up employment in specific sectors, whether or not efforts are made to match supply in terms of the skills and knowledge sought;
Amendment 21 #
Draft opinion Recital C C. whereas the demographic
Amendment 22 #
Draft opinion Recital C C. whereas demographic change is gradually bringing about qualitative shortages on the labour market, making it hard to find suitably qualified workers, and, as demographic trends become increasingly unfavourable, there are also quantitative shortages, i
Amendment 23 #
Draft opinion Recital C a (new) Ca. whereas the quantitative and qualitative shortages on the labour market are particular present within specific sectors such as the health and care services, the construction industry, the cleaning industry and the agricultural sector;
Amendment 24 #
Draft opinion Recital C a (new) Ca. whereas according to Eurofound, workers with a foreign background tend to be overrepresented in sectors dominated by lower-skilled employment, including commerce and hospitality, transport, construction and other services such as home care, long-term care, and the agri-food sector;
Amendment 25 #
Draft opinion Recital C a (new) Ca. whereas existing EU legislation on regular migration such as the Seasonal Workers Directive and the Blue Card Directive have proven to be inadequate both in ensuring that migrant worker's rights and equal treatment are respected and in meeting labour market needs;
Amendment 26 #
Draft opinion Recital C a (new) Ca. whereas TCN´s play an important role in addressing Europe’s demographic trends, filling vacancies and boosting jobs and growth in the EU; stresses that restricted mobility rights for TCNs can seriously hamper the economic growth of the EU;
Amendment 27 #
Draft opinion Recital C a (new) Ca. whereas the COVID-19 pandemic, and the possible economic consequences of it, can have an effect on the movement of legal labour migration towards Europe;
Amendment 28 #
Draft opinion Recital C a (new) Ca. whereas the decline of fertility in a number of European countries leads to much smaller cohorts of new labour market entrants;
Amendment 29 #
Draft opinion Recital C b (new) Cb. whereas according to Eurofound, first-generation migrant workers tend to be overrepresented in the elementary occupations such as porter, care taker, delivery worker, and cleaner, and are underrepresented in the professional and managerial jobs such as doctors, lawyers, scientists, and engineers;
Amendment 3 #
Draft opinion Recital A A. whereas the EU has the power to lay down the conditions governing entry into and legal residence in a Member State, including for the purposes of family reunification, for third-country nationals; whereas the Member States retain the right to determine volumes of admission for people coming from third countries to seek work based on their own integration capacities;
Amendment 30 #
Draft opinion Recital C b (new) Cb. whereas the COVID-19 crisis cast new light on the exploitative working and housing conditions affecting a vast proportion of migrant workers employed in some sectors of the economic such as food manufacturing and agriculture;
Amendment 31 #
Draft opinion Recital C c (new) Cc. whereas Eurofound research shows that lack of language skills and lack of recognition of qualifications are among the main barriers preventing first- generation migrants, particularly, from obtaining jobs equivalent to their qualifications;
Amendment 32 #
Draft opinion Recital C c (new) Cc. whereas the condition of thousands of agricultural workers is particularly critical in this emergency period, with thousands of them living segregated in informal dwellings with poor sanitary conditions, in constant fear of deportation;
Amendment 33 #
Draft opinion Recital C d (new) Cd. whereas labour shortages demonstrate that entire sectors depend to a large extent on migrant workers, many undocumented, who are often victims of exploitation and gangmaster practices;
Amendment 34 #
Draft opinion Recital C d (new) Cd. whereas language courses play a key role in the successful integration of migrants from third-countries in the labour market;
Amendment 35 #
Draft opinion Recital C e (new) Ce. whereas discrimination, along with linguistic, educational, and institutional factors, are the most significant barriers for third-country nationals suffering from a disadvantaged background and with limited resources, to actively participate in the labour market;
Amendment 36 #
Draft opinion Recital C e (new) Ce. whereas the lack of skilled workforce is often the direct consequence of poor terms conditions and lack of attractive career paths offered;
Amendment 37 #
Draft opinion Recital C f (new) Cf. whereas Eurofound research found that the region of origin plays a bigger role than migrant status as such in the integration of migrants into the labour force; whereas immigrants from all regions of the world, except North America, are more likely to hold jobs lower down the occupational ladder than the native population; whereas overall, the evidence suggests that there is no automatic gradual assimilation of immigrants and their descendants into the same patterns of employment as natives, with many instances of persistent disadvantage for individuals from certain regions of origin;
Amendment 38 #
Draft opinion Recital C g (new) Cg. whereas according to Eurofound research, fostering entrepreneurship for migrants could create social leadership and generate the creation of jobs through good policy initiatives;
Amendment 39 #
Draft opinion Recital C h (new) Ch. whereas as regards integration and access to the labour market, there is an ongoing discussion within CEAS (Common European Asylum System) to reduce the current maximum waiting time for access by asylum seekers to the labour market from nine months to six months after applying;
Amendment 4 #
Draft opinion Recital A A. whereas the EU has the power to lay down the conditions governing entry into and legal residence in a Member State, including for the purposes of family reunification, for third-country nationals; whereas the Member States sole retain the right to determine volumes of admission for people coming from third countries to seek work;
Amendment 40 #
Draft opinion Recital D Amendment 41 #
Draft opinion Recital D Amendment 42 #
Draft opinion Recital D D. whereas the
Amendment 43 #
Draft opinion Recital D D. whereas the
Amendment 44 #
Draft opinion Recital D D. whereas the
Amendment 45 #
Draft opinion Recital D D. whereas the migrants the EU attracts are far less well qualified than they should be or their qualification cannot be verified, given the EU’s position on the international stage; whereas, of all the migrants residing in OECD countries in 2015-16, just 25% of workers with a high level of education chose an EU destination1;
Amendment 46 #
Draft opinion Recital D a (new) Da. whereas there is an absence of EU law and policy broadly covering low- skilled and medium-skilled migrants (with the exception of seasonal workers); whereas the EU policy and legal frameworks dealing with legal entry, residence and employment of third- country nationals are characterizes by ‘fragmentation, legal uncertainty and multi-layered migratory statuses across the Union" 1b; whereas the Commission’s “Fitness check on legal migration (March 2019)1c emphasized the substantial obstacles in legal migration pathways for low and middle skilled workers, despite increased labour demand; __________________ 1b Carrera, Geddes and Guild, (2017: 184).Pathways towards legal migration into the EU: reappraising concepts ,trajectories and policies. 1cEuropean Commission (2019). Legal Migration Fitness Check. https://ec.europa.eu/home-affairs/what- we-do/policies/legal-migration/fitness- check_en#:~:text=Background%20to%20 the%20Legal%20Migration%20Fitness% 20Check&text=The%20Fitness%20Check %20aimed%20at,management%20of%20l egal%20migration%20flows.
Amendment 47 #
Draft opinion Recital D a (new) Da. whereas the COVID-19 crisis has shown the crucial contribution of migrant workers to support European economies, public services and fill labour shortages; whereas 13% of key workers in essential jobs in the EU are migrants, the share of migrant workers in these professions is close to 20% in many countries (Italy, Belgium, Germany, Sweden and Austria) and in some key sectors - e.g. domestic work and construction - up to a third of key workers are migrants1a; __________________ 1aInstitute of Labour Economics ‘Immigrant Key Workers: Their Contribution to Europe’s COVID-19 Response
Amendment 48 #
Draft opinion Recital D a (new) Da. whereas the legal immigration of the best-qualified members of society drains the countries of out-migration of their dynamism and seriously hampers their economic and social development by depriving them of managerial staff;
Amendment 49 #
Draft opinion Recital D a (new) Da. whereas the share of employers reporting difficulties filling jobs is on the rise, reaching on average more than 40%1c; __________________ 1chttps://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:5201 8DC0635&from=EN
Amendment 5 #
Draft opinion Recital A a (new) Aa. whereas multi-level cooperation between Member States, local and regional administrations, social partners, civil society, and NGOs are required to unify efforts and face potential challenges that could arise in labour market integration processes; whereas the participation and involvement of social partners, active volunteer organisations, and NGOs in the policy-making process is vital;
Amendment 50 #
Draft opinion Recital D a (new) Da. whereas the Union does not make sufficient use of the free movement of workers from Member States and labour mobility;
Amendment 51 #
Draft opinion Recital D b (new) Db. whereas the Commission’s “Fitness check on legal migration (March 2019) 1d "underscores the challenge raised by the sectorial approach to EU labour migration that determines different rights and rules depending on the level of qualification of workers which can lead to confusion and discrimination amongst workers; __________________ 1dEuropean Commission (2019). Legal Migration Fitness Check. https://ec.europa.eu/home-affairs/what- we-do/policies/legal-migration/fitness- check_en#:~:text=Background%20to%20 the%20Legal%20Migration%20Fitness% 20Check&text=The%20Fitness%20Check %20aimed%20at,management%20of%20l egal%20migration%20flows.
Amendment 52 #
Draft opinion Recital D b (new) Db. whereas the Union and Member States are not making sufficient use of the labour force of persons who already have the right to legally reside in the EU, such as refugees and members of reunified families, neither provide them with the necessary mobility opportunities to use their labour skills;
Amendment 53 #
Draft opinion Recital D b (new) Db. whereas many EU citizens who migrate for work reasons work below their qualification levels;
Amendment 54 #
Draft opinion Recital D c (new) Dc. whereas the Global Skills Partnership designed to channel migration pressures into tangible, mutual benefits for both a country of origin and a country of destination allow to attract the workforce matching exactly the needed set of skills; whereas select innovative European pilot projects on labour migration have already incorporated the main tenets of the Global Skills Partnership in the spirit of encouraging north-south cooperation enshrined in the Sustainable Development Goals and have increasingly shown the positive outcomes of legal labour migration pathways;
Amendment 55 #
Draft opinion Recital D c (new) Dc. whereas 40% of highly educated third-country nationals in employment in the EU work below their qualification levels1d; __________________ 1dhttps://ec.europa.eu/home-affairs/what- we-do/policies/legal- migration/integration/integration-labour- market_en
Amendment 56 #
Draft opinion Recital D d (new) Dd. whereas the COVID-19 crisis has shown the crucial contribution of migrant workers to support European economies, public services and fill labour shortages; whereas13% of key workers in essential jobs in the EU are migrants, the share of migrant workers in these professions is close to 20% in many countries and in some key sectors - e.g. domestic work and construction - up to a third of keyworkers are migrants1e; __________________ 1eFasani & Mazza (2020): Immigrant Key Workers: their contribution to Europe’s COVID19 response. https://www.iza.org/publications/pp/155
Amendment 57 #
Draft opinion Paragraph 1 Amendment 58 #
Draft opinion Paragraph 1 1. Emphasises that, in accordance with Article 79 of the Treaty on the Functioning of the European Union, the EU should pursue a migration policy that is aimed at ensuring fair treatment of third- country nationals residing legally in the EU and stresses that reference to labour market challenges must not lead to support for illegal migration;
Amendment 59 #
Draft opinion Paragraph 1 1. Emphasises that, in accordance with Article 79 of the Treaty on the Functioning of the European Union, the EU should pursue a migration policy that is aimed at ensuring fair treatment of third- country nationals residing legally in the EU; this will also include inclusive standards, equal opportunities and equal treatment;
Amendment 6 #
Draft opinion Recital A a (new) Aa. whereas the number of third- country nationals that are posted from one Member State to another Member State has increased significantly over the past years; whereas a third-country national worker who obtained a work and residence permit in one EU Member State can be posted by their employers to any EU Member State;
Amendment 60 #
Draft opinion Paragraph 1 1. Emphasises that, in accordance with Article 79 of the Treaty on the Functioning of the European Union, the EU should pursue a migration policy that is aimed at ensuring fair
Amendment 61 #
Draft opinion Paragraph 1 a (new) 1a. Hopes that immigration will become the exception and not the rule for offsetting imbalances between supply and demand on the job market; stresses that a policy to increase the birth rate would be far more effective long term and have no impact on the cohesion and security of European States; points out that migration should also be viewed as a development tool for the poorest countries by applying the concept of migrant cross-border commuting; calls for the principles governing legal migration to be such that people only come to a European State to learn a new technique or skill before returning to their own country;
Amendment 62 #
Draft opinion Paragraph 1 a (new) 1a. Notes that some third-country national workers are recruited with the sole purpose of being posted; emphasizes that through (re)posting of third-country nationals by one Member State to another Member State, the host Member State does not have the possibility to determine how many and which third-country nationals work in their state; further emphasizes that these posted third- country national workers are often in a vulnerable position because their permit is tied to the employment contract and therefore they are dependent on the employer for their permit;
Amendment 63 #
Draft opinion Paragraph 1 a (new) 1a. Emphasises that a structured immigration policy should already start in the country of origin with language trainings and courses on values and the legal foundations of the country of destination; underlines that bureaucratic procedures should aim at allowing legal migrants to bring their potential fully to the fore;
Amendment 64 #
Draft opinion Paragraph 1 a (new) 1a. Recalls the European Parliament resolution of 19 June 2020 on European protection of cross-border and seasonal workers in the context of the COVID-19 crisis;
Amendment 65 #
Draft opinion Paragraph 2 Amendment 66 #
Draft opinion Paragraph 2 2. Emphasises that demographic change is bringing about increased demand for workers in specific trades and professions, for example in sectors such as care for the elderly and long-term care; calls on the Commission and the Member States to promote policies that include the promotion of policies that assist with the entry of these migrants and the recognition of the workers of these specific trades and professions; such policies shall also pertain the promotion of temporary legal labour migrants;
Amendment 67 #
Draft opinion Paragraph 2 2. Emphasises that demographic change is bringing about increased demand for workers in specific trades and professions, for example in sectors such as
Amendment 68 #
Draft opinion Paragraph 2 2. Emphasises that demographic change is bringing about increased demand for workers in specific trades and professions, for example in sectors such as care for the elderly and long-term care; emphasizes the need to attract the high- skilled workers that can fill in the gap in these specific sectors within the labour market;
Amendment 69 #
Draft opinion Paragraph 2 2. Emphasises that demographic change
Amendment 7 #
Draft opinion Recital A a (new) Aa. whereas free movement of persons stimulates Member States' economies, allowing for an efficient matching of skills with EU labour market demand and vacancies;
Amendment 70 #
Draft opinion Paragraph 2 2. Emphasises that demographic change
Amendment 71 #
Draft opinion Paragraph 2 2. Emphasises that demographic change is bringing about increased demand for workers in specific trades and professions, for example in sectors such as mathematics, computer sciences, natural sciences, software engineering, AI technology, as well as care for the elderly and long-term care;
Amendment 72 #
Draft opinion Paragraph 2 2. Emphasises that demographic change is bringing about increased demand for workers in specific trades and professions, for example in sectors such as, tourism, healthcare, construction, care for the elderly and long-term care;
Amendment 73 #
Draft opinion Paragraph 2 2. Emphasises that demographic change is bringing about increased demand for workers in specific trades and professions, for example in sectors such as construction, agriculture, care for the elderly and long-term care;
Amendment 74 #
Draft opinion Paragraph 2 2. Emphasises that demographic change is bringing about increased demand for workers in specific trades and professions, for example in some Member States in sectors such as care for the elderly and long-term care;
Amendment 75 #
Draft opinion Paragraph 2 2. Emphasises that demographic change is bringing about increased demand for workers in specific trades, sectors and professions, for example in sectors such as care for the elderly and long-term care;
Amendment 76 #
Draft opinion Paragraph 2 a (new) 2a. Considers that effective integration of third-country nationals into the EU labour-force will undoubtedly support local communities and bring and added value to the EU national countries, by filling the existing gap in terms of skills and knowledge, generating as well economic activity and growth, and bringing a positive return to host communities; reminds that the current crisis has shown evidence that no profession should be a reason for contempt and low-skilled workers often develop an essential role in their jobs for society and should not be underestimated, or high-skilled third-country nationals prioritized, in labour market integration policies and activities;
Amendment 77 #
Draft opinion Paragraph 2 a (new) 2a. Emphasises that the EU should address demographic challenges systematically, in close cooperation with Member States and should encourage Member States with due regard to the principle of subsidiarity in their efforts of finding long-term solutions by family policy measures to demographic change because a successful family policy can provide the real answer to demographic challenges;
Amendment 78 #
Draft opinion Paragraph 2 a (new) 2a. Emphasises that difficulties in recognition of foreign qualification remain a substantial obstacle for employment matching which hampers mobility; stresses in that regard the importance of mutual recognition of qualifications between Member States; welcomes the Commission's commitment on a revised proposal of the Blue-Card Directive;
Amendment 79 #
Draft opinion Paragraph 2 a (new) 2a. Notes that providing incentives for high-skilled migrants that could enrich the European science and research would help the European Union to achieve its goal to become a leader in the area of science and research;
Amendment 8 #
Draft opinion Recital A b (new) Ab. whereas Member States retain the right to determine the volumes of admission for third-country nationals to seek work and Member States determine the access to residence and working permits; whereas the criteria and practices between Member States differ considerably;
Amendment 80 #
Draft opinion Paragraph 2 a (new) 2a. Emphasize that there is also a need for regulated temporary labour migration with not only a focus on highly skilled labour but also the middle skilled sector;
Amendment 81 #
Draft opinion Paragraph 2 b (new) 2b. Calls on the European Institutions to resume the discussions and agree on reduction of the current maximum waiting time for access by asylum seekers to the labour market from nine to six months after applying, that would significantly facilitate the integration process and its success;
Amendment 82 #
Draft opinion Paragraph 2 c (new) 2c. Calls on the Commission to undertake an urgent study of the general situation of the employment and health and safety conditions of third-country national posted and seasonal workers, including the role of temporary work agencies, recruiting agencies, other intermediaries, and subcontractors, to identify protection gaps and the possible need to revise the existing legislative framework, such as the legislative framework for health and safety at work, Directive 2014/36/EU on seasonal workers and Directive 2008/104/EC on temporary agency work, as well as pandemic-proofing; stresses that not only are the lessons learned valid concerning the COVID-19 crisis, they should also strengthen evidence-based policymaking to address the shortcomings of EU and national legislation in times of crises and normality;
Amendment 83 #
Draft opinion Paragraph 3 3. Emphasises th
Amendment 84 #
Draft opinion Paragraph 3 3. Emphasises th
Amendment 85 #
Draft opinion Paragraph 3 3. Emphasises that
Amendment 86 #
Draft opinion Paragraph 3 3. Emphasises that maintaining that residence is temporary when it is not – e.g. in the case of seasonal workers or those in the ICT sector – often means that the situation of the workers involved is not consistent with the relevant legislation and mobility rules, in many cases leading to lower living standards and working conditions and potential breaches of human rights; recalls permits should not be tied to one employer and should allow for change of employer, including type of job and sector, with unemployment period to search for alternative work with access to support;
Amendment 87 #
Draft opinion Paragraph 3 3. Emphasises that maintaining that residence is temporary when it is not – e.g. in the case of seasonal workers or those in the ICT sector – often means that the situation of the workers involved is not consistent with the relevant legislation and mobility rules, in many cases leading to lower living standards and poor working conditions and potential breaches of human rights; calls on the Member States to ensure healthy living conditions, security of residence and that work places comply with occupational safety and health standards;
Amendment 88 #
Draft opinion Paragraph 3 3. Emphasises that maintaining that residence is temporary when it is not – e.g. in the case of seasonal workers or those in the ICT sector – often means that the situation of the workers involved is not consistent with the relevant legislation and mobility rules, in many cases leading to lower living standards and working conditions and potential breaches of human rights; stresses in addition that the internal market and the free movement of workers must be protected and actions to the contrary avoided;
Amendment 89 #
Draft opinion Paragraph 3 3. Emphasises that maintaining that residence is temporary when it is not – e.g. in the case of seasonal workers or those in the ICT sector – often means that the situation of the workers involved is not consistent with the relevant legislation and mobility rules, in many cases leading to lower living standards and working conditions and potential breaches of human rights, loss of social security coverage or at the very least its adverse fragmentation;
Amendment 9 #
Draft opinion Recital B B. whereas
Amendment 90 #
Draft opinion Paragraph 3 3. Emphasises that maintaining that residence is temporary when it is not – e.g. in the case of seasonal workers or those in the ICT sector – often means that the situation of the workers involved is not consistent with the relevant legislation and mobility rules, in many cases leading to lower living standards and working conditions and potential breaches of human rights;
Amendment 91 #
Draft opinion Paragraph 3 3. Emphasises that maintaining that residence is temporary when it is not – e.g. in the case of seasonal workers or those in the ICT sector – often means that the situation of the workers involved is not consistent with the relevant legislation and mobility rules, in many cases leading to
Amendment 92 #
Draft opinion Paragraph 3 3. Emphasises that maintaining that residence is temporary when it is not – e.g. in the case of seasonal workers or those in the ICT sector – often means that the situation of the workers involved
Amendment 93 #
Draft opinion Paragraph 3 a (new) 3a. Stresses the importance of unblocking the revision of the Blue Card Directive in order to make the EU an attractive place for global talents and to provide necessary competences for European companies to stay competitive; urges the Member States to make use of the Blue Card scheme for highly skilled workers coming to the EU to work and encourages policies in line with the Blue Card scheme to make it easier and more attractive for these workers;
Amendment 94 #
Draft opinion Paragraph 3 a (new) 3a. Calls on the Commission to ensure that the ELA becomes fully operational as a matter of priority; stresses the need to provide relevant information on the rights of workers and obligations of employers also concerning third-country national workers in the EU; recalls the need for the ELA to coordinate and support targeted inspections on posting and undeclared work also about third-country national workers;
Amendment 95 #
Draft opinion Paragraph 3 a (new) 3a. Emphasises the need to better protect third country migrants at work ; calls on the Member States and the Commission to guarantee full social protection, minimum standards for accommodation, access to consultation and information about applicable labour rights;
Amendment 96 #
Draft opinion Paragraph 3 b (new) 3b. Calls for a common European framework with common rules for the protection and integration of third- country nationals from different background and situations, that sets the legal status of non-EU persons in the EU as well as to ensure the rights and obligations of non-EU workers; reminds that there are existing EU directives such as the Blue Card and the Seasonal Workers Directive (2014/36/EU), that were created to open legal channels but that are poorly used and do not correspond to the current context, demands, and needs; recalls that EU legislation should pave the way for decent jobs with full respect for the principle of equal treatment and access to employment rights for all;
Amendment 97 #
Draft opinion Paragraph 3 b (new) 3b. Calls on the Commission and the Member States to protect seasonal workers who are essential for strategic economic sectors in the EU and to establish clear rules as regards their rights. They should be guaranteed equal treatment and protection with their local counterparts;
Amendment 98 #
Draft opinion Paragraph 3 c (new) Amendment 99 #
Draft opinion Paragraph 3 d (new) 3d. Notes that third-country nationals may be posted from either a third country to an EU Member State directly, or from one EU Member State to another, by obtaining a work permit in the first Member State, prior to their posting to the second Member State; recalls that the Posting of Workers Directives 96/71/EC and 2018/957, including the Enforcement Directive 2014/67/EU, apply to intra-EU postings of third-country nationals; regrets that the EU social acquis does not protect third-country national posted workers posted from third countries to the EU; underlines that the increase of posted third-country national workers in the EU is not problematic per se, but the worrying increase of abuses, exploitations and violations of workers’ rights in relation to this particularly vulnerable group of workers; urges the Commission and the Member States to step their efforts in tackling exploitation also in relation to third-country national posted workers, including abusive practices such as through subcontracting, temporary work agencies, letter-box companies, bogus self-employment, bogus posting and undeclared posted workers;
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