8 Amendments of Jadwiga WIŚNIEWSKA related to 2022/0131(COD)
Amendment 103 #
Proposal for a directive
Recital 6
Recital 6
(6) This Directive should cover employment relationships between third- country workers and employers. Where a Member State’s national law allows admission of third-country nationals through temporary work agencies established on its territory and which have an employment relationship with the worker, such agencies should not be excluded from the scope of this Directive. This Directive should not cover third- country workers who have been admitted to the territory of a Member State to work on a seasonal basis.
Amendment 126 #
Proposal for a directive
Recital 24
Recital 24
(24) The right to equal treatment in specified fields should be strictly linked to the third-country national’s legal residence and the access given to the labour market in a Member State, which are enshrined in the single permit encompassing the authorisation to reside and work and in residence permits issued for other purposes containing information on the permission to work. This Directive should not grant rights in relation to situations which lie outside the scope of Union law, such as in relation to family members residing in a third country. This Directive should grant rights only in relation to family members who join third-country workers to reside in a Member State on the basis of family reunification or family members who already reside legally in that Member State.
Amendment 132 #
Proposal for a directive
Recital 32
Recital 32
(32) To ensure the proper enforcement of this Directive, Member States should ensure that appropriate mechanisms are in place for the monitoring of employers and that, where appropriate, effective and adequate inspections are carried out on their respective territories. The selection of employers to be inspected should be based primarily on a risk assessment to be carried out 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 136 #
(33) Member States should also put in place effective mechanisms through which third-country workers may seek legal redress and lodge complaints directly or through third parties having, in accordance with the criteria laid down by the national law, a legitimate interest in ensuring compliance with this Directive, such as trade unions or other associations, or competent authorities. That is considered necessary to address situations where third- country workers are unaware of the existence of enforcement mechanisms or hesitant to use them in their own name, for example out of fear of possible consequences. Such mechanisms should respect the principle of equality vis-à-vis the nationals of the respective Member State.
Amendment 152 #
Proposal for a directive
Article 3 – paragraph 2 – point g a (new)
Article 3 – paragraph 2 – point g a (new)
(g a) who are beneficiaries of protection in accordance with national law, international obligations or the practice of a Member State or have applied for protection in accordance with national law, international obligations or the practice of a Member State and whose application has not been the subject of a final decision;
Amendment 163 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. An application to issue, amend or renew a single permit shall be submitted by way of a single application procedure. Member States shall determine whether applications for a single permit are to be submittedmade by the third-country national or by the third-country national’s employer. Member States may also decide to allow an application from either of the two. If the application is to be submitted by the third- country national, Member States shall allow the application to be introduced both from a third country andor, if provided for by national law, in the territory of the Member State in which the third- country national is legally present.
Amendment 170 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
The competent authority shall adopt a decision on the complete application as soon as possible and in any event within foursix months of the date on which the application was lodged.
Amendment 237 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4