34 Amendments of Łukasz KOHUT related to 2020/2255(INL)
Amendment 23 #
Motion for a resolution
Citation 47 a (new)
Citation 47 a (new)
— Whereas a number of Member States have launched new “Digital Nomad Visas” which aim at facilitating the residence of remote workers or remote self-employed persons;
Amendment 26 #
Motion for a resolution
Citation 47 b (new)
Citation 47 b (new)
— Whereas Covid19 has transformed the way the world works and in lieu has created a situation for many European workers and self-employed persons to work remotely;
Amendment 27 #
Motion for a resolution
Citation 47 c (new)
Citation 47 c (new)
Amendment 69 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Requests that the Commission submit, by 31 January 2022, on the basis of Article 79(2), in particular points (a) and (b), of the Treaty on the Functioning of the European Union, a proposal for an act that would serve as a package of proposals to facilitate, harmonise and promote entry into and mobility within the Union for legally migrating third-country nationals applying for work andby aligning provisions across the existing legal migration directives to reduce bureaucracy and, promote equal treatment and prevent labour exploitation, following the recommendations set out in the Annex hereto;
Amendment 71 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Requests that the Commission submit, by 31 January 2022, on the basis of Article 79(2), in particular points (a) and (b), of the Treaty on the Functioning of the European Union, a proposal for an act that would serve as a package of proposals to facilitate and promote entry into and mobility within the Union for legally migrating third-country nationals applying for work and to reduce bureaucracy, enhance harmonisation and promote equal treatment, following the recommendations set out in the Annex hereto;
Amendment 79 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that the creation of a Union-wide talent pool for third-country nationals who wish to apply for work with a view to migrating legally to a Member State, as well as for employers to search for potential employees in third countries, would be an essential tool for achieving the purpose of the proposed act and calls on the Commission to include the creation of such a talent pool in its proposal and create a framework for the validation and recognition of skills and qualifications, based on objective and uniform criteria;
Amendment 82 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that the creation of a Union-wide talent pool for third-country nationals who wish to apply for work with a view to migrating legally toin a Member State, as well as for employers to search for potential employees in third countries, would be an essential tool for achieving the purpose of the proposed act and calls on the Commission to include the creation of such a talent pool in its proposal;
Amendment 87 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Supports the Commission’s statement in its communication of 23 September 2020 on a New Pact on Migration and Asylum regarding the enhancement of short-term mobility as a complement to legal pathways, especially for the purposes of research or study in order to improve upstream cooperation with third countries, for example to stem irregular migratory flows, and asks the Commission to explore this direction further;
Amendment 98 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes Directive (EU) 2021/...15 , but considers it insufficient due to the fact that the labour markets of the Union are also in need of low- and medium-skilled workers; calls, therefore, on the Commission to include in its proposal an admission scheme for low- and medium- skilled third-country workers, including the creation of a framework for the validation and recognition of their skills and qualifications, based on objective and uniform criteria; _________________ 15EUT number of 2016/0176 COD to be inserted.;
Amendment 106 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that the Union is in need of more self-employed people and entrepreneurs in order to remain competneeds to boost its culture of entrepreneurship to remain relevant and competitive in the global market, increasing the economy’s agility, robustness, stability, and growth while creating new economic activity and employment opportunitives; calls on the Commission to include in its proposal an admission scheme for entry and residence of self- employed people and entrepreneurs, in particular those whorking to establish small and medium- sized enterprises and start-ups, based on objective and uniform criteria;
Amendment 110 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Recognises that the increased emergence of gig work over the past years has however resulted in the major exploitation of workers who are often forced to declare themselves as self- employed persons rather than employees of a business and that this is not only detrimental to the rights of workers themselves but in consequence devalues the notion of “self-employed persons”; welcomes the Commission’s intention to present a proposal for a legislative initiative to improve the working conditions of platform workers by the end of 2021, as announced in the European Pillar of Social Rights Action Plan and preceded by a two-stage consultation of the social partners; Emphasises that any proposal in this regard must seek to combat the exploitation of platform and gig workers as consequences of the misclassification of platform workers as self-employed persons;
Amendment 112 #
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Encourages the European Commission to evaluate different schemes across the European Union which cater to remote workers, such as so called “nomad visa schemes” and youth mobility schemes in order to attract more diverse talent to the European Union;
Amendment 124 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that one of the objectives of Directive 2011/98/EU is to simplify and harmonise the rules concerning permits currently applicable in the Member States, while also promoting equal treatment; further notes that this objective has not been fully achieved, with some of the provisions being implemented in different ways across the Union; requests the Commission to take the necessary steps to ensure that theall Member States implement thate Directive fully; furthermore considers that thate Directive should be amended to allow applications for a single permit to be lodged either from within both a Member State andor from a third country, and, that in order to reach a broader category of workers, the scope and the application of the Directive should be expanded; calls on the Commission to further simplify and harmonise the rules, to clearlyas well as to regulate the procedure for obtaining an entry visa so as to, thus avoiding applicants having to submit the documents needed to obtain a single permit twice, and to reduce dependency of workers from risks of exploitation; calls on the Commission to include such amendments in its proposal;
Amendment 125 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that the objective of Directive 2011/98/EU to simplify and harmonise the rules concerning permits currently applicable in the Member States has not been fully achieved with some of the provisions being implemented in different ways across Union; requests the Commission to take the necessary steps to ensure that the Member States implement that Directive fully; further considers that that Directive should be amended to allow applications for a single permit to be lodged from within both a Member State and a third country, and, that in order to reach a broader category of workers, the scope and the application of the Directive should be expanded; in order to further simplify and harmonise the rules, calls on the Commission to clearly regulate the procedure for obtaining an entry visa so as to avoid applicants having to submit the documents needed to obtain a single permit twice, and calls on the Commission to include such amendments in its proposal;
Amendment 133 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Requests that the Commission includes in its proposal the establishment of a transnational advisory service network, to be managed by the Commission, for legally migrating third- country workers, with each Member State designating a lead authority to process applications and to coordinate the advice and information provided to third-country nationals applying for work in the Union; insists that the lead authorities should be responsible for the sharing of information among Member States on third-country workerlabour migration rules and should act as contact points for the talent pool; asks that the lead authorities be responsible also for close coordination with one another with regard to applications lodged for a single permit to reside and work in accordance with Directive 2011/98/EU in order to avoid double submissions;
Amendment 147 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Highlights the fact that the intra- EU mobility of third-country nationals is a key component of the EU’s legal migration policy, as it provides clear added value that cannot be achieved at Member-State level; therefore calls on the Commission to propose appropriate legislative action enhancing the right to intra-EU mobility across the existing legal migration directives;
Amendment 149 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Calls on the Commission to improve the regulation on private agencies involved in international recruitment;
Amendment 164 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Acknowledges that most Member States have national schemes to attract labour migrants; however 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 third-country nationals seeking employment in the Union and harmonising the rights enjoyed by such third-country nationals and their families;
Amendment 165 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Calls on the European Commission to issue new proposals on the employment of asylum seekers while awaiting a decision on their asylum claim, thus reducing the negative impacts of forced inactivity until the finalisation of their asylum procedure;
Amendment 166 #
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14 b. Encourages the European Commission to conduct a study on the issue of third country nationals turnover rates within the European Union, in order to better understand the reasons behind departure from a Member State within the first three years of arrival, resulting in a high cost base for employers, diminishing competitiveness and increasing the cost of living;
Amendment 167 #
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14 c. Encourages the European Commission to conduct a study on the impact of increased economic migration into the Union on the housing market, with the aim of creating a set of recommendations that ensure the housing market is not disproportionately affected and remains affordable to all;
Amendment 171 #
Motion for a resolution
Annex I – Recommendation 1 – title
Annex I – Recommendation 1 – title
Recommendation 1 (on the establishment of a Union-wide talent pool for legally migrating third-country nationals)
Amendment 176 #
Motion for a resolution
Annex I – Recommendation 1 – indent 1
Annex I – Recommendation 1 – indent 1
- The European Parliament considers that the legislative act to be adopted should establish a Union-wide talent pool for third-country nationals who wish to apply for work in and migrate legally to a Member State, as well as for Union-based employers to search in third countries for potential employees, and should facilitate the admission and free movement of third- country workers. The European Parliament considers that such a Union-wide talent pool should establish synergies with the existing framework and the legislative act should therefore amend Regulation (EU) 2016/589 in order to expand the current scope of the EURES Portal, established by that Regulation;
Amendment 187 #
Motion for a resolution
Annex I – Recommendation 2 – indent 1
Annex I – Recommendation 2 – indent 1
- It is a pressing need for the Union to improve its attractiveness for all skilledallow the admission of third- country workers, not only for highly-across all skilled workerlevels. With the revision of the Directive (EU) [EU BLUE CARD], the Union has taken further steps to achieve that goal for highly-skilled third- country workers. However, it is imperative to achieve that goal for third- country workers in jobs considered to be low- and medium- skilled third-country workers in order to fill vacancies and improve matching on the Member States’ labour markets, further enhancing the Union’s economic competitiveness.
Amendment 192 #
Motion for a resolution
Annex I – Recommendation 2 – indent 2
Annex I – Recommendation 2 – indent 2
- To properly address that issue, the European Parliament calls on the Commission to, within the legislative act to be adopted, include provisions setting up an admission scheme with conditions of entry and residence for low- and medium- skilled third-country workers. The scheme should ensure equal treatment in coherence with the existing EU acquis on labour migration, and include the creation of a framework within which third-country workers are able to have their skills and qualifications properly recognised and validated for use on the Member States’ labour markets.
Amendment 196 #
Motion for a resolution
Annex I – Recommendation 3 – indent 1
Annex I – Recommendation 3 – indent 1
- Traditionally, a work permits has only been issuedare issued in the place where the third- country national already has an employment contract or a firmn offer of employment. However, the European Parliament is of the view that the basis for issuing work permits could be improved and developed further. Along the same lines, the Commission has stated that its objective is to encourage more people to become entrepreneurs, thereby improving Europe’s economic performance1 . Third- country nationals working as entrepreneurs or as self-employed people might experience that the environment in their country of origin is not conducive for their start-up or for their efforts as entrepreneurs. Through a Union-wide admittance scheme such third-country nationals could be giMember state regulations regarding self-employment and entrepreneurship of third-country nationals vary across the Union. EU levenl an opportunity to migrate legally to the Union and establish themselves andction should promote a favourable environment for entrepreneurship of their businessed-country nationals. _________________ 1 https://ec.europa.eu/growth/smes/sme- strategy/start-up-procedures_en
Amendment 200 #
Motion for a resolution
Annex I – Recommendation 3 – indent 2 a (new)
Annex I – Recommendation 3 – indent 2 a (new)
- - However in order to respect the growing spirit of entrepreneurship which the union must foster, it is imperative that the European Commission takes a firm stand to make a distinction between entrepreneurship, self-employed persons and persons who are engaged in gig work and are forced and exploited by their employers to declare themselves as self- employed persons, which results in a deprivation of workers access to employment rights, social protections, entitlements and the application of relevant rules.
Amendment 210 #
Motion for a resolution
Annex I – Recommendation 5 – title
Annex I – Recommendation 5 – title
Recommendation 5 (on the simplification and improvement of Directive 2011/98/EU)
Amendment 214 #
Motion for a resolution
Annex I – Recommendation 5 – indent 1
Annex I – Recommendation 5 – indent 1
- The European Parliament is of the view that procedures with respect to Directive 2011/98/EU should be further harmonised for that Directive to be fully efficient, therefore considers that the legislative act to be adopted should amend that Directive in order to allow applications for a single permit to be lodged botheither from within the territory of a Member State and from a third country, while engaging both the Member States and the third countries in a system that shares information on, and coordinates with respect to, the applications lodgedor from a third country. The European Parliament moreover calls for, inter alia, the clear regulation and streamlining of the procedure for applying for an entry visa in order to avoid applicants having to submit the documents needed twice to obtaining a single permit twice, and also requests the Commission to propose changes that would a single permit. Furthermore, requests the Commission to propose changes that would alleviate the difficulties facing third- country nationals holding work permits, when changing employment. This creates an environment where the permit holder is forced to become dependent on the employer. The Commission should therefore analyse the efficiency of permit procedures and reduce unnecessary administrative requirements which obstacles for potential employees, and employers. Requests the Commission to propose changes that would address the lack of implementation of equal treatment provisions in the Directive and persistent labour exploitation, in particular to alleviate the difficulties facing third- country nationals holding worksingle permits when changing or losing employment, thus making the permit holder too dependent on the employer. An effective workplace monitoring and complaints’ mechanisms to protect all migrant workers’ labour rights, which should in particular guarantee effective access to justice and redress and protect workers from retaliation, must be ensured.
Amendment 220 #
Motion for a resolution
Annex I – Recommendation 6 – title
Annex I – Recommendation 6 – title
Recommendation 6 (on the establishment of a Union-wide transnational advisory service network for legally migrating workers)
Amendment 225 #
Motion for a resolution
Annex I – Recommendation 6 – indent 1
Annex I – Recommendation 6 – indent 1
- The European Parliament is of the view that systematic cooperation between and engagement with the authorities of Member States and of third countries is required to enhance legal pathways for labour migration. To achieve that goal, the European Parliament considers that the legislative act to be adopted should establish a transnational advisory service network, managed by the Commission, for third-country workers, with each Member State designating a lead authority to coordinate the advice and information provided to legally migrating third-country nationals applying for work in the Union. The authorities in each Member State should also be responsible for closely coordinating with one another with regard to applications lodged for a single permit to reside and work in the Union in accordance with Directive 2011/98/EU in order to avoid double submissions. That network should also take into account national specificities and different demands of national labour markets.
Amendment 228 #
Motion for a resolution
Annex I – Recommendation 6 – indent 2
Annex I – Recommendation 6 – indent 2
- In addition, each Member State should be responsible for requesting from employersuse information on third-country workers, in full respect of Union data protection law, in order to enable third- country nationals to be connected with the relevant authorities and support services, in order to facilitate the protection and strengthening of the equal rights and treatment of third-country workers. This transnational advisory service network should facilitate the running of the talent pool, as outlined in Recommendation 1.
Amendment 232 #
Motion for a resolution
Annex I – Recommendation 7 – indent 1
Annex I – Recommendation 7 – indent 1
- Promoting professional mobility for legally residing third-country nationals working in a Member State also means protecting them from exploitation. Numerous third-country nationals, in particular low-skilled third- country nationals, hesitate to leave an exploitative employer because it would mean that they would lose their work permit and right to stay in the Union. Holders of a work permit issued under the Directive 2014/36/EU are, in particular, prone to exploitation, seeing how they often tend to work within sectors mainly employing low-skilled workers.
Amendment 235 #
Motion for a resolution
Annex I – Recommendation 7 – indent 2
Annex I – Recommendation 7 – indent 2
- Therefore, the European Parliament considers that the legislative act to be adopted should amend Directive 2014/36/EU to allow holders of work permits under that Directive a period of three months to seek new employment after having left their previous employer without having their permit revoked. The European Parliament recommends that the Commission, at the same time, considers other appropriate amendments to that Directive in order to bring it up to date and in line with other more recent Union legal acts dealing with legal migration and further address persistent labour exploitation of seasonal workers.