7 Amendments of Alicia HOMS GINEL related to 2022/0131(COD)
Amendment 143 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
The competent authority shall adopt and notify a decision on the complete application as soon as possible and in any event within four month90 days of the date on which the application was lodged.
Amendment 149 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 3
Article 5 – paragraph 2 – subparagraph 3
Where no decision is taken within the time limit provided for in this paragraph, any consequences shall be determined by national lawfee required by the Member States in accordance with Article 10 shall be reimbursed to the applicant. Further consequences shall be determined by national law and shall contribute to the effective implementation of the time limits. Member States shall allocate sufficient resources for timely processing.
Amendment 186 #
Proposal for a directive
Article 11 – paragraph 2 – point b (new)
Article 11 – paragraph 2 – point b (new)
(b) require that any change of employer is communicated, prior to the first working day, by the new employer to the competent authorities in the Member State concerned, providing information on at least the name and address of the employer, the habitual place of work, the type of work, working hours, and remuneration, in accordance with procedures laid down in national law. If it is found that the new employer has not correctly communicated the conditions of employment as indicated above, the third country national worker shall remain to be entitled to pursue a new change of employer, as set out in this Article;
Amendment 200 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2
Article 11 – paragraph 3 – subparagraph 2
The right of the single permit holder to pursue such a change of employer may be suspended for a maximum of 30 days while the Member State concerned checks compliance with the first check of the labour market situation and verifies that the requirements laid down by Union or national law are fulfilled. The Member State concerned may oppose the change of employment within those 30 days. shall require that the terms of employment and working conditions are in compliance with applicable labour standards and collective agreements. The Member State concerned may oppose the change of employment within those 30 days. Regardless of the outcome, the single permit holder shall be eligible to continue working for the current employer or to enter a period of unemployment. The single permit holder shall be informed about the status of the checks, in each stage of the process, and the outcome.
Amendment 244 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall, in cooperation with the social partners, provide for measures to prevent possible infringements by employers of national provisions adopted pursuant to Article 12. Preventive measures shall include monitoring, assessment and, where appropriate, inspections inspections, in particular in sectors with a high risk of violations of labour rights and standards, in accordance with national law or administrative practice.
Amendment 250 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Member States shall, in cooperation with the social partners, and in accordance with ILO convention 81 on Labour Inspection, ensure effective, proportionate and non-discriminatory controls and field inspections conducted by labour inspectorates, including routine and unannounced visits. Member States shall develop the capability of enforcement authorities to proactively target and pursue non-compliant employers. Member States shall ensure that services in charge of inspection of labour or other competent authorities and, where provided for under national law in respect of national workers, organisations representing workers’, interests particular trade unions, have access to the workplace and, with the agreement of the worker, to their housing.
Amendment 258 #
Proposal for a directive
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
1. Member States shall, in accordance with Article 47 of the Charter of Fundamental Rights of the EU, ensure that there are timely and effective mechanisms through which third-country workers may lodge complaints against their employers: