Activities of Dominique BILDE related to 2022/0131(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State (recast)
Amendments (8)
Amendment 112 #
Proposal for a directive
Recital 34 a (new)
Recital 34 a (new)
(34a) To ensure third-country holders of a single permit and nationals are treated fully equally, employers may, in cases of proven professional misconduct, impose the sanctions provided for in the collective agreements or company regulation in force on third-country nationals.
Amendment 113 #
Proposal for a directive
Recital 34 b (new)
Recital 34 b (new)
(34b) Member States should set up a notification system to allow the employer to report any information related to professional sanctions against the third- country national to the authorities responsible for granting and reviewing single permits, so that it can be recorded in the holder’s file.
Amendment 114 #
Proposal for a directive
Recital 34 c (new)
Recital 34 c (new)
(34c) Member States should be able to set criteria for the suspension or withdrawal of the single permit in cases of professional misconduct, in accordance with their national laws and labour codes. Thus, if the threshold for the number of instances of professional misconduct, fixed at the discretion of the Member State, is reached, the Member State should be able, after examining the case, to decide to suspend or withdraw the single permit. The holder would in such cases be informed of the decision and would be required to leave the national territory of the Member State concerned within a time limit set by the Member State.
Amendment 201 #
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 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. If the Member State opposes the change of employment, the permit holder and the employer shall be notified of the reasons therefor, and the competent authority shall inform the permit holder of their right, or not, to remain in the national territory to continue searching for employment.
Amendment 234 #
Proposal for a directive
Article 12 – paragraph 2 – point b – paragraph 1
Article 12 – paragraph 2 – point b – paragraph 1
by limiting the rights conferred on third- country workers under paragraph 1, point (e), but shall not restrict such rights for third-country workers who are in employment or who have been employed for a minimum period of six months and who are registered as unemployed, and whose single permit remains valid.
Amendment 254 #
Proposal for a directive
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
3a. Member States shall, after consulting the necessary stakeholders, introduce checks on single permit holders to ensure that they still fulfil the conditions of the single permit and that they comply with the professional obligations laid down by the employer for its employees.
Amendment 256 #
Proposal for a directive
Article 13 – paragraph 3 b (new)
Article 13 – paragraph 3 b (new)
3b. In the event of proven misconduct on the part of the third-country national, the employer shall be entitled to apply the sanctions provided for in the collective agreements and/or the company regulation in force. Member States shall set up a notification system to allow the employer to report any information about such sanctions to the authorities responsible for granting and reviewing single permits, so that it can be recorded in the holder’s file.
Amendment 277 #
Proposal for a directive
Article 14 a (new)
Article 14 a (new)
Article 14a Professional failures to comply with the conditions of the single permit and non- renewal 1. Member States shall, in accordance with their national legislation and labour code, lay down the criteria for suspending or withdrawing the single permit in cases of professional misconduct. 2. In the event of proven misconduct at work on the part of the single permit holder, the employer shall apply the sanctions provided for in the collective agreements or company regulations in force. This sanction shall be communicated to the competent authorities of the Member State and recorded on the holder’s file. 3. If the threshold for the number of instances of professional misconduct, fixed at the discretion of the Member State, is reached, the Member State may, after examining the case, decide to suspend or withdraw the single permit. The holder shall in such cases be informed of the decision and shall be required to leave the national territory of the Member State concerned within a time limit set by the Member State.