69 Amendments of Konstantinos ARVANITIS related to 2023/0404(COD)
Amendment 75 #
Proposal for a regulation
–
–
The European Parliament rejects the Commission proposal.
Amendment 82 #
Proposal for a regulation
Recital 2
Recital 2
(2) Labour shortages have many different root causes, such as lack of investment in skills, unattractive jobs, low wages, poor working conditions, cuts in paid apprenticeships as well as cost- cutting strategies. Addressing labour shortages requires a comprehensive approach at Union and national level which includes, as a priority, better realising the full potential of groups or gender with lower labour market participation, reskilling and upskilling the existing workforce during working time and paid for by the employers concerned, facilitating intra-EU labour mobility, as well as improving pay and working conditions and the attractiveness of certain occupations. Due to the current scale of the, including work organisation as well as health and safety in the workplace, the attractiveness of certain occupations, career development and retention strategies. Identifying labour market shortages and the demographic trends, measures targeting the domestic and Union workforce alone are likely to be insufficient to address existing and future labour and skills shortages. Therefore, legal migration is key to complementt Union, national, sectoral level should be done in a transparent way that includes consultation with the social partners at all levels and that takes into consideration the drivers and the root causes. Labour recruitment from third countries can address some of thoese actions and must be part of the solution to fully support the twin transitionroot causes, but it is not a solution to all root causes.
Amendment 97 #
Proposal for a regulation
Recital 3
Recital 3
(3) In order to facilitate international recruitment and provide opportunities for third-country nationals to work in EU-wide shortage occupations, as well as to ensure the fair recruitment and protection of migrant workers in line with international human rights and labour standards, an EU Talent Pool should be established in the form of a Union-wide platform that brings together and supports the matching of profiles of registered jobseekers from third countries residing outside the Union and job vacancies of employers established in the participating Member States. The Commission should ensure that the EU Talent Pool is set up in a way that does not replicate existing biases or discriminatory practices.
Amendment 118 #
Proposal for a regulation
Recital 6
Recital 6
(6) The EU Talent Pool aims at providing services to employers that are established in the participating Member States, including private employment agencies, temporary work agencies and labour market intermediaries as defined by the International Labour Organisation Convention 181 from 1997 and which genuinely perform substantial economic activities in that Member State. In order to prevent, avoid and combat abuse and circumvention of the applicable rules by employers and undertakings taking improper or fraudulent advantage of existing rules, the determination whether an undertaking genuinely performs substantial activities, other than purely internal management and/or administrative activities (so-called “letter box companies”) should be done in line with Article 4 point 2 of Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services.
Amendment 131 #
Proposal for a regulation
Recital 8
Recital 8
(8) In order to ensure that Member States’ authorities are adequately represented in the EU Talent Pool Steering Group, participating Member States should appoint two representatives each, one from the employment authorities and one from the immigration authorities. Social partners should also be equally represented in the EU Talent Pool Steering Group.
Amendment 167 #
Proposal for a regulation
Recital 18
Recital 18
(18) Where necessary, tThe recognition of qualifications and validation of skills of registered jobseekers from third countries should be conducted in the participating Member States upon request of the jobseeker or the employer in accordance with the national law and practices, and with any relevant international agreements, including Mutual Recognition Arrangements for professional qualifications. Personalised assistance and online information on existing recognition and validation procedures at national level should be available in the EU Talent Pool IT platform and it should be provided by the EU Talent Pool National Contact Points.
Amendment 182 #
Proposal for a regulation
Recital 22
Recital 22
(22) The principles of the European Pillar of Social Rights should apply for all activities conducted in the context of the EU Talent Pool, in particular with regard to the right to fair and equal treatment including with respect to working and employment conditions, minimum wages and remuneration, access to social protection, training,vocational education and training, social and tax benefits, health care, education, trade union rights, access to housing and protection of youthng people at work. In accordance with those principles, the EU Talent Pool should ensure quality employment and equal treatment.
Amendment 189 #
Proposal for a regulation
Recital 23
Recital 23
(23) The International Labour Organisation (ILO) in its ‘General principles and operational guidelines for fair recruitment’ sets out a number of standards on adequate protection of jobseekers from third countries against unfair recruitment. Employers should comply with applicable Union law and practice. Equal treatment of jobseekers from third countries with respect to nationals of the participating Member States should also be ensured by the employers in accordance with Directive 2011/9813 , Directive 2014/36/EU14 , Directive 2021/1883/EU15 , and Directive 2016/801/EU16 . In accordance with Directive 2019/1152/EU17 , employers participating in the EU Talent Pool should provide to registered jobseekers from third countries information in writing and in an understandable language on their rights and obligations resulting from the employment relationship at the start of the employment. This information should at least include the applicable collective agreement, habitual place and the type of work, the duration of employment, the probation period, if such exists, the remuneration, the working hours, the amount of any paid leave and, where applicable other relevant working conditionsand employment conditions, such as training entitlements. There should be no direct or indirect costs or fees for jobseekers from third countries related to their participation in the EU Talent Pool or their recruitment. An employer should neither charge any recruitment fee or cost of travel, work equipment and accommodation nor prohibit a worker from taking up employment with other employers, outside the work schedule established with that employer, nor subject a worker to adverse treatment for doing so. Employers participating in the EU Talent Pool should comply with Directive 96/71/EC18 as amended by Directive 2018/957 when posting workers in the framework of the provision of services, in particular with regard to the terms and conditions of employment thereby established such as the obligation that third country workers can only be posted for a limited period to a Member State if they are legally and habitually employed in another Member State. To prevent non- genuine postings, the EU Talent Pool must not be used to facilitate recruitments where workers are hired for the sole purpose of being posted. This requires that employers comply with Directive 2014/67 regarding the genuine nature of the posting in order to prevent abuse and circumvention. Employers participating in the EU Talent Pool that do not comply with these obligations should be permanently excluded. __________________ 13 Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011 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 (OJ L 343, 23.12.2011, p. 1–9, ELI: http://data.europa.eu/eli/dir/2011/98/oj). 14 Directive 2014/36/EU of the European Parliament and of the Council of 26 February 2014 on the conditions of entry and stay of third-country nationals for the purpose of employment as seasonal workers OJ L 94, 28.3.2014, p. 375, ELI: http://data.europa.eu/eli/dir/2014/36/oj). 15 Directive (EU) 2021/1883 of the European Parliament and of the Council of 20 October 2021 on the conditions of entry and residence of third-country nationals for the purpose of highly qualified employment, and repealing Council Directive 2009/50/EC, OJ L 382, 28.10.2021, p. 1, ELI: http://data.europa.eu/eli/dir/2021/1883/oj). 16 Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing (recast) (OJ L 132, 21.5.2016, p. 21, ELI: http://data.europa.eu/eli/dir/2016/801/oj). 17 Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union (OJ L 186, 11.7.2019, p. 105, ELI: http://data.europa.eu/eli/dir/2019/1152/oj). 18 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1, ELI: http://data.europa.eu/eli/dir/1996/71/oj).
Amendment 196 #
Proposal for a regulation
Recital 24
Recital 24
(24) In order to ensure high quality matching, registered jobseekers from third countries and employers participating in the EU Talent Pool should access a list of suggested registered jobseekers’ profiles and job vacancies based on the relevance of their skills, qualifications and work experiences for the job vacancy. The list is generated by the automated matching tool of the EU Talent Pool IT platform. Registered jobseekers from third countries and employers participating in the EU Talent Pool should have the possibility to search the EU Talent Pool database themselves independently. Jobseekers should have the possibility to indicate the region or Member States where they would like to work.
Amendment 204 #
Proposal for a regulation
Recital 25
Recital 25
(25) The EU Talent Pool platform should meet established needs onf the labour market and should not serve as a means to displace or negatively affect the existing workforce or otherwise undermine decent work or fair competition or lead to brain drain in the partnering third country. To better support Member States’ efforts in addressing existing and future labour shortages, the EU Talent Pool should target specific occupations at all skills levels, based on the most common shortage occupations in the Union and on the occupations with a direct contribution to the green and digital transitions, set out in the Annex to this Regulation. In order to adapt the job vacancies to the specific needs of the national labour markets and taking as a starting point the list of EU- wide shortage occupations set out in the Annex, participating Member States shall be allowed to notify to the EU Talent Pool Secretariat the addition or removal of specific shortage occupations. Such notifications should only impact the matches for job vacancies submitted by the respective Member State. Neither the list of EU-wide shortage occupations nor the Member States’ notifications should affect the principle of preference for Union citizens. Therefore, the EU Talent Pool should be used for job vacancies and recruitment only if a job vacancy cannot be filled through recruitment in the Union by means of national employment services and the EURES portal.
Amendment 217 #
Proposal for a regulation
Recital 28
Recital 28
(28) Information provided on the EU Talent Pool IT platform should be made available at least in the official languages of the participating Member States and, where appropriate, in the official languages of third countries participating in the EU Talent Partnerships.
Amendment 224 #
Proposal for a regulation
Recital 30
Recital 30
(30) Upon request from registered jobseekers from third countries and employers participating in the EU Talent Pool, the EU Talent Pool National Contact Points cshould provide additional support and easy access to information, as well as an intuitive navigation on the EU Talent Pool IT platform to allow jobseekers to register themselves without assistance from third parties. Additional support should include tailored information on relevant visas and residence permits for work purposes in the participating Member State including with regard to third country nationals’ rights and obligations such as access to social benefits, health assistance, education, and housing. Specific guidance and information may also be provided on family reunification procedures and family members’ rights, and existing measures to facilitate integration in the host Member State such as language courses and vocational training and contacts with trade unions. Such information should also include available complaints and redress mechanisms for cases of labour exploitation and unfair recruitment practices in the participating Member States. The EU Talent Pool National Contact Points should provide information to employon cases of labour exploitation and unfair recruitment practices to the EU Talent Pool Steering Group and should exclude employers that are found to have been involved with such labour exploitation or unfair recruitment practices from the EU Talent Pool. The EU Talent Pool National Contact Points should provide information to employers and jobseekers participating in the EU Talent Pool on their rights and obligations relating to social security, including pension entitlements and health insurance, as well as active labour market measures, taxation, and issues relating to work contracts, pension entitlements and health insuranceemployment contracts and working conditions.
Amendment 234 #
Proposal for a regulation
Recital 30 a (new)
Recital 30 a (new)
(30a) Trade union networks with counselling services for migrant and mobile workers play a key role in providing information and counselling to third country nationals. Such networks should receive adequate EU funding on a permanent basis.
Amendment 247 #
Proposal for a regulation
Recital 33
Recital 33
Amendment 253 #
Proposal for a regulation
Recital 36
Recital 36
(36) This Regulation respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, including the right of collective bargaining and collective action, in accordance with Article 6 TEU.
Amendment 259 #
Proposal for a regulation
Article 1 – paragraph 2 – point d a (new)
Article 1 – paragraph 2 – point d a (new)
(da) the application of the principle of equal treatment and the protection of the rights of jobseekers who use, have used or have been recruited via the EU Talent Pool.
Amendment 266 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Any Member State may decide, at any time, after consultation with social partners, to participate in the EU Talent Pool. It shall notify its decision to the Commission at the latest 9 months before the date from which it intends to participate. From the first day of participation, job vacancies of employerRegistered employers with substantive business operations other than purely internal management or administrative activities established in thate Member State concerned may be transferred job vacancies to the EU Talent Pool IT platform.
Amendment 274 #
Proposal for a regulation
Article 4 – paragraph 1 – point 2
Article 4 – paragraph 1 – point 2
(2) ‘jobseeker from a third country’ means a natural person residing outside the Union who is not a citizen of the Union within the meaning of Article 20(1) TFEU and is seeking employment in the Union for themselves;
Amendment 277 #
Proposal for a regulation
Article 4 – paragraph 1 – point 3
Article 4 – paragraph 1 – point 3
(3) ‘employer’ means any natural person, or any legal entity, established in a participating Member State that genuinely performs substantial activities in that Member State, under the direction or supervision of whom the employment is undertaken as well as private employment agencies, temporary work. For the purpose of this Regulation, temporary work agencies (as defined in article 3.1.b of Directive 2008/104/EC), private employment agencies and labour market intermediaries shall be excluded;
Amendment 286 #
Proposal for a regulation
Article 4 – paragraph 1 – point 4
Article 4 – paragraph 1 – point 4
(4) ‘profile’ means the information provided by a jobseekern individual jobseeker, acting on their own behalf, from a third country via a standard data format for the purpose of seeking an employment through the EU Talent Pool IT platform;
Amendment 292 #
Proposal for a regulation
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) the single coordinated channel enabling participating Member States to transfer job vacancies to the EU Talent Pool database. The Commission shall ensure that the automated matching tool is set up in a way that does not lead to replicating existing biases or discriminatory practices;
Amendment 302 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The EU Talent Pool Secretariat may process personal data ofwith the explicit consent of the registered jobseekers from third countries and those of employers participating in the EU Talent Pool only to the extent necessary for the performance of its tasks pursuant to Article 8. When processing personal data for this purpose, the EU Talent Pool Secretariat shall act as data controller, within the meaning of Article 3, point (8), of Regulation (EU) 2018/1725.
Amendment 308 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Profiles of registered jobseekers from third countries shall include the name, surname, contact details, date of birth and nationality, information on academic and professional qualifications, work experience, other skills and language knowledge. Job vacancies of employers participating in the EU Talent Pool shall include the name, surname and, contact details, sector of activity, description of operations and the company registration number.
Amendment 321 #
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
Amendment 329 #
Proposal for a regulation
Article 9 – paragraph 1 – point d a (new)
Article 9 – paragraph 1 – point d a (new)
(da) adopting and providing guidelines to the National Contact Points for screening and vetting participating employers’ compliance with the requirements in Article 13.
Amendment 330 #
Proposal for a regulation
Article 9 – paragraph 1 – point d b (new)
Article 9 – paragraph 1 – point d b (new)
(db) assessing the risk of brain drain in partnering third countries. If such a risk can be established, the relevant authorities in that third country shall be notified.
Amendment 332 #
Proposal for a regulation
Article 9 – paragraph 1 – point d c (new)
Article 9 – paragraph 1 – point d c (new)
(dc) consulting with the European Labour Authority as regards analysis of professions and sectors where social dumping involving third country nationals is widespread.
Amendment 336 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. RFour representatives of the cross- industry and sectoral social partners organisations at Union level shall have the right to participate as observers in the meeting, appointed by those organisations, with an equal representation of trade union and employer organisations, shall be active members of the EU Talent Pool Steering Group. Representationves of two participants from trade union and two participants from employer organisations shall be ensured byhe sectoral social partners at Union level have the right to participate in the meetings of the EU Talent Pool Steering Group as observers. Those representatives shall sign a written statement declaring that they are not in a situation of conflict of interest. The third countries concerned by the EU Talent Pool as well as the trade unions in those countries shall also be represented.
Amendment 342 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Each participating Member State shall designate an EU Talent Pool National Contact Point. Participating Member States shall ensure that, involving relevant authorities from the field of employment and immigration are appointed as the EU Talent Pool National Contact Points, public employment services as well as the social partners at national level.
Amendment 349 #
Proposal for a regulation
Article 10 – paragraph 2 – point c
Article 10 – paragraph 2 – point c
(c) following consultation with national social partners, notifying to the EU Talent Pool Secretariat the national list of shortage occupations once a year and any national adjustments to the list of EU- wide shortage occupations pursuant to Article 15;
Amendment 354 #
Proposal for a regulation
Article 10 – paragraph 2 – point d
Article 10 – paragraph 2 – point d
(d) verifying compliance with requirements for registration and participation as well as keeping a public registry of employers participating in the EU Talent Pool and overseeing the quality of job vacancies, including the provision laid down in Article 13(3), as well as in Article 4(2) of Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers;
Amendment 358 #
Proposal for a regulation
Article 10 – paragraph 2 – point e
Article 10 – paragraph 2 – point e
(e) suspendbanning the access of employers participating in the EU Talent Pool and removing their job vacancies from the EU Talent Pool IT platform in case of a breach of the relevantapplicable labour standards resulting from collective agreements and national and EU law and practice pursuant to Article 13(3) is notified to the EU Talent Pool National Contact Points by the relevant national authorities responsible for enforcing the relevant law and practice as well as by national social partners; keeping a registry of employers that have been permanently excluded from the EU Talent Pool, which shall be made publicly available;
Amendment 369 #
Proposal for a regulation
Article 10 – paragraph 2 – point g
Article 10 – paragraph 2 – point g
(g) providing information and support services in cooperation with social partners to registered jobseekers from third countries and employers participating in the EU Talent Pool in accordance with Article 17.
Amendment 373 #
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3a. EU Talent Pool National Contact Points shall remain neutral during collective bargaining disputes, such as strikes or lockouts in accordance with applicable labour law. They shall put ongoing recruitment processes on hold and shall not transfer any related job vacancies until the dispute is settled.
Amendment 382 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Access to registering a profile in the EU talent Pool IT platform shall be limited to natural persons who expressly declare not to be subject to a judicial or administrative decision refusing the entry or stay in a Member State in accordance with its national law or an entry ban to the territory of the Union in accordance with Directive 2008/115/EC.
Amendment 387 #
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. Access to registering a profile in the EU Talent Pool IT platform shall not include intermediaries acting on a jobseeker's behalf.
Amendment 391 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Jobseekers from third countries registered in the EU Talent Pool IT platform may search for job vacancies for themselves.
Amendment 392 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Jobseekers from third countries registered in the EU Talent Pool IT platform may search for quality job vacancies.
Amendment 393 #
Proposal for a regulation
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. Jobseekers and workers from third countries shall enjoy fair and equal treatment with respect to EU nationals including with respect to working and employment conditions, remuneration, access to social protection, training, social and tax benefits, healthcare, education, housing and trade union rights.
Amendment 400 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Participating Member States taking part in a Talent Partnership may decide to rely on the EU Talent Pool to facilitate the recruitment of jobseekers from that third country whose skills were developed or validated in the framework of that Talent Partnership and certified by an ‘EU Talent Partnership pass’, provided that quality employment is available to them.
Amendment 406 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Employers interested in participating in the EU Talent Pool may request the EU Talent Pool National Contact Point inregistered in the EU Talent Pool shall include the name, surname, contact details, company registration number, sector of activity, a description of the Member State where they are established to transfer their job vacancies to the EU Talent Pool IT platformployer’s operations and a detailed description of the vacancy including information on remuneration, the place and the type of work, qualifications requirements, main tasks, type and duration of the contract, working time, as well as other applicable working and employment conditions.
Amendment 425 #
Proposal for a regulation
Article 13 – paragraph 2 – point b a (new)
Article 13 – paragraph 2 – point b a (new)
(ba) have already been posted on EURES, but have been left vacant.
Amendment 426 #
Proposal for a regulation
Article 13 – paragraph 2 – point b b (new)
Article 13 – paragraph 2 – point b b (new)
(bb) comply with national law and practice regarding terms and conditions of employment and provide clear information on relevant terms and conditions of employment, especially working time, remuneration and any applicable social benefits.
Amendment 427 #
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. The EU Talent Pool National Contact Points shall coordinate with the relevant national authorities as appropriate to screen and vet the registered employers before their profile is activated. This shall include checking for salary, social security and tax payments arrears, complaints made against the employer, sufficient funds to meet obligations to employees in case of insolvency, as well as a criminal record check of the natural person(s) in charge of the company.
Amendment 432 #
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 1
Article 13 – paragraph 3 – subparagraph 1
Employers participating in the EU Talent Pool shall comply with the relevant Union and national law and practice to ensure third-country nationals’, including applicable collective agreements, as well as the ILO General Principles and Operational Guidelines on Fair Recruitment, to ensure third-country nationals’ right to freedom of association and collective bargaining and action, protection against unfair recruitment and inadequate working conditions as well as non-discrimination. Participating Member States may introduce additional conditions for in respect of employment and occupation. Participating Member States shall ensure theat employers’ participation in the EU Talent Pool to ensure compliances with other relevant national practices, collective agreements and the principles and guidelines set out by the International Labour Organisation, in compliance with Union lawthe principle of equal treatment for all workers.
Amendment 435 #
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 2
Article 13 – paragraph 3 – subparagraph 2
Employers participating in the EU Talent Pool shall not charge fees tocover all recruitment fees and related costs for the recruitments of registered jobseekers and workers from third countries for the purpose of the recruitment. The use of the EU Talent Pool shall be free of charge for jobseekers from third countries.
Amendment 438 #
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 2 a (new)
Article 13 – paragraph 3 – subparagraph 2 a (new)
Employers that have been sanctioned for criminal activities or violation of applicable labour standards resulting from collective bargaining agreements and the relevant Union and national law and practice shall not be able to access the EU Talent Pool.
Amendment 441 #
Proposal for a regulation
Article 13 – paragraph 4 a (new)
Article 13 – paragraph 4 a (new)
4a. Employers participating in the EU Talent Pool shall provide to registered jobseekers from third countries information, in writing and in a language they can understand, on their rights and obligations resulting from the employment relationship. This information shall at least include the applicable collective agreement, place and type of work, the duration of employment, the probation period, the remuneration, the working hours, the amount of any paid leave and, where applicable, other relevant working conditions such as training entitlements. This information shall be made available, at the latest, at the start of the employment.
Amendment 446 #
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
6. The national authorities responsible for the relevant law and practice in the participating Member States shall immediately inform the EU Talent Pool National Contact Points on any breaches of the provisions of the relevant law and practice set out in paragraph 3 for the purposes of Article 10(2), point (e). The EU Talent Pool National Contact Points shall keep a register of those breaches to prevent repetitions. Employers that have been sanctioned for criminal activities or for infringements of applicable labour standards or of relevant Union or national law or practice shall be denied access to, or be suspended from, the EU Talent Pool for a period of five years from the date of the decision denying or suspending access.
Amendment 450 #
Proposal for a regulation
Article 14
Article 14
Amendment 458 #
Proposal for a regulation
Article 15
Article 15
Amendment 468 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Employers participating in the EU Talent Pool may access a list of suggested registered jobseekers’ profiles generated by the automatic matching tool and based only on the relevance of their skills, qualifications and work experiences for the job vacancy. The automatic matching tool shall not take into account gender, age, ethnic or country origin, religion or any other sensitive data when undertaking matching.
Amendment 471 #
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Registered jobseekers from third countries may search for job vacancies in the EU Talent Pool and access a list of suggested relevant job vacancies generated by the automated matching tool. Jobseekers from third countries and employers participating in the EU Talent Pool may also search the Talent Pool independently.
Amendment 482 #
Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 2 – point a
Article 17 – paragraph 1 – subparagraph 2 – point a
(a) sufficient information concerning fair recruitment and immigration procedures, recognition of qualifications and validation of skills, rights of third country nationals, including with regard to available redress mechanismprinciples and standards, immigration procedures to obtain visas, residence and work permits, recognition of qualifications and validation of skills, information on the rights and procedural safeguards of third country nationals, including labour and trade union rights as well as complaints and redress mechanisms and organisations relevant for third country national workers such as trade unions as well as information on living and working conditions in the participating Member States;
Amendment 499 #
Proposal for a regulation
Article 17 – paragraph 2 – introductory part
Article 17 – paragraph 2 – introductory part
2. Upon request from registered jobseekers from third countries and employers participating in the EU Talent Pool, tThe EU Talent Pool National Contact Points shall provide additionalsystematically provide support, and post-selection assistance to registered jobseekers and workers from third countries and, in their own language, as well as to employers participating in the EU Talent Pool, in particular with regard to:
Amendment 503 #
Proposal for a regulation
Article 17 – paragraph 2 – point c
Article 17 – paragraph 2 – point c
(c) specific information on third- country nationals’ rights and obligations including labour and trade union rights, access to social benefits, health assistanccare, education, housing, recognition of skills and qualifications and the complaintavailable complaints and redress mechanisms pursuant to Article 18;
Amendment 508 #
Proposal for a regulation
Article 17 – paragraph 2 – point d
Article 17 – paragraph 2 – point d
(d) information available at national level to facilitate third-country nationals’ integration in the host Member State such as language courses, vocational training and education as well as other integration measures, including access to citizenship;
Amendment 513 #
Proposal for a regulation
Article 17 – paragraph 2 – point e
Article 17 – paragraph 2 – point e
(e) where available, the contact details of organisations, including trade unions, which offer post- recruitment assistance for third country nationals.
Amendment 517 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Where relevant, the EU Talent Pool National Contact Points shall refer requests for information, guidance and support to other national competent authorities and, if applicable, other appropriate bodies at national level, including transnational support networks for mobile workers by social partner organisations, supporting the integration of third country nationals on the labour market.
Amendment 519 #
Proposal for a regulation
Article 18 – title
Article 18 – title
Facilitation of complaints and legal redress
Amendment 521 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Participating Member States shall ensure that there are accessible, timely and effective mechanisms through which social partners as well as registered jobseekers and workers from third countries may lodge complaints in case of breach by the employers participating in the EU Talent Pool of the obligations and conditions laid down in Article 13(3). Jobseekers and workers lodging a complaint shall be protected from any retaliation or any other adverse consequences resulting from a complaint.
Amendment 526 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Participating Member States shall make information concerning available legal redress mechanisms easily accessible and available in a language the third country national can understand.
Amendment 530 #
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. In case an employer breaches the relevant law and practice pursuant to Article 13(3), that employer shall be permanently excluded from the EU Talent Pool.
Amendment 552 #
Proposal for a regulation
Article 20 – paragraph 1 – point f a (new)
Article 20 – paragraph 1 – point f a (new)
(fa) the number of postings from the Member State of origin to another Member State of workers from third countries admitted through the EU Talent Pool.
Amendment 555 #
Proposal for a regulation
Article 20 – paragraph 1 – point f b (new)
Article 20 – paragraph 1 – point f b (new)
(fb) the number of breaches committed by employers regarding relevant national law and practices, collective agreements and the principles and guidelines set out by the International Labour Organisation concerning workers from third countries admitted through the EU Talent Pool.
Amendment 562 #
Proposal for a regulation
Article 20 – paragraph 2 a (new)
Article 20 – paragraph 2 a (new)
2a. The EU Talent Pool Secretariat shall analyse the data collection for any risks of brain drain and present its findings to the EU Talent Pool Steering Group.
Amendment 564 #
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. The EU Talent Pool Secretariat shall gather the data referred to in paragraph 1 with the support of the EU Talent Pool National Contact Points and the EU Talent Pool Steering Group. The data shall be made publicly available.
Amendment 567 #
Proposal for a regulation
Article 21
Article 21
Amendment 571 #
Proposal for a regulation
Annex I
Annex I