85 Amendments of Tineke STRIK related to 2022/0131(COD)
Amendment 96 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1 a) The European Council, at its special meeting in Tampere on 15 and 16 October 1999, acknowledged the need for harmonisation of national law governing the conditions for admission and residence of third-country nationals. In this context, it stated in particular that the European Union should ensure fair treatment of third-country nationals who are legally residing in the territory of the Member States and that a more vigorous integration policy should aim to grant them rights and obligations comparable to those of citizens of the Union. The European Council accordingly asked the Council to adopt the legal instruments on the basis of Commission proposals. The need for achieving the objectives defined at Tampere was reaffirmed by the Stockholm Programme, which was adopted by the European Council at its meeting of 10 and 11 December 2009.
Amendment 98 #
Proposal for a directive
Recital 3
Recital 3
(3) In order to allow initial entry into their territory, Member States should be able to issue a single permit to successful applicants or, if they issue single permits only after entry, a visa. Member States should issue such single permits or visas in a timely mannerwithin the time limits established in this Directive.
Amendment 100 #
Proposal for a directive
Recital 4
Recital 4
(4) A set of rules governing the procedure for examination of the application for a single permit should be laid down. That procedure should be effective and manageable, taking account of the normal workload of the Member States’ administrations, as well as transparenticient and effective, as well as transparent, non-discriminatory, gender- responsive, inclusive and fair, in order to offer appropriate legal certainty to those concerned.
Amendment 101 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4 a) The European Pillar of Social Rights (the ‘Pillar’),proclaimed at Gothenburg on 17 November 2017, establishes a set of principles to serve as a guide towards ensuring equal opportunities and access to the labour market, fair working conditions, and social protection and inclusion, which should also be guiding for the treatment of third-country national workers residing in the Union.
Amendment 102 #
(5) The provisions of this Directive should be without prejudice to the competence of the Member States to regulate the admission, including the volumes of admission, of third-country nationals for the purpose of work, in accordance with Article 79(5) TFEU.
Amendment 105 #
Proposal for a directive
Recital 8
Recital 8
(8) Third-country nationals who are beneficiaries of protection in accordance with national law, international obligations or the practice of a Member State, and third-country nationals who are beneficiaries of temporary protection, should be covered by the scope of this Directive in order to be granted an enhanced set of rights.
Amendment 106 #
Proposal for a directive
Recital 10
Recital 10
Amendment 108 #
Proposal for a directive
Recital 11
Recital 11
(11) The obligation on the Member States to determine whether the application isMember State should allow the application for a single permit to be submitted by aeither the third- country national or by his or her employer should be without prejudice to any arrangements requiring both to be involved in the procedurethe prospective employer on his or her behalf. The Member States should allow the application for a single permit to be submitted both in the Member State of destination and from a third country.
Amendment 110 #
Proposal for a directive
Recital 12
Recital 12
(12) The provisions of this Directive on the single application procedure and on the single permit should not concernaffect uniform or long-stay visas , with the exception of the obligation for Member States to issue the requisite visa within the deadline of four monthtime limit of 90 days set out to adopt a decision on the Single Permit .
Amendment 112 #
Proposal for a directive
Recital 13
Recital 13
(13) The deadlinetime limit for adopting a decision on the application should include bothcover the entimre required for issuing a visa where needed, and the time required to comply with the checks of the labour market situationsprocedure, including any check of the labour market situation, the recognition of professional, occupational and other qualifications, where relevant, and the issuing of the requisite visa, where necessary.
Amendment 113 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13 a) Where, prior to his or her application being submitted, an applicant has taken part in an EU Talent Partnership with a third country, he or she has already established links with the Union. In such a situation, the time limit for adopting and notifying the applicant of a decision on the application should be shortened to a maximum of 30 days. Likewise, where the applicant is already a single permit holder in another Member State, the time limit for adopting and notifying the applicant of a decision on the application should be shortened to a maximum of 30 days.
Amendment 116 #
Proposal for a directive
Recital 15
Recital 15
(15) The designation of the competent authority under this Directive should be without prejudice to the role and responsibilities of other authorities and, where applicable, the social partners, with regard to the examination of, and the decision on, the application, as well as with regard to monitoring, implementing and enforcing labour and social security regulations, facilitation of complaints and legal redress.
Amendment 118 #
Proposal for a directive
Recital 16
Recital 16
Amendment 119 #
Proposal for a directive
Recital 17
Recital 17
(17) The single permit should be drawn up in accordance with Council Regulation (EC) No 1030/200242 , enabling Member States to enter further information, in particular as to whether or not the person is permitted to work. A Member State should indicate, inter alia, for the purpose of better control of migration, not only on the single permit but also on all the issued residence permits, the information relating to the permission to work, irrespective of the type of the permit or the residence permit on the basis of which the third- country national has been admitted to the territory and has been given access to the labour market of that Member State. Member States should grant access to such information, including any changes thereto, to the third-country national. _________________ 42 Council Regulation (EC) No 1030/2002, of 13 June 2002 laying down a uniform format for residence permits for third- country nationals (OJ L 157, 15.6.2002, p. 1).
Amendment 121 #
Proposal for a directive
Recital 19
Recital 19
(19) The provisions of this Directive on the single permit and on the residence permit issued for purposes other than work should not prevent Member States from issuingcompetent authorities from collecting information related to employment conditions for the purpose of monitoring, implementing and enforcing labour and social security regulations. Member States may issue an additional paper document in order to be able to give more precise information on the employment relationship for which the format of the residence permit leaves insufficient space. Such a document can serve to prevent the exploitation of third- country nationals and combat illegal employment but should be optional for Member States and should not serve as a substitute for a work permit thereby compromising the concept of the single permit. Changes to the employment conditions contained in that document should not constitute a change of employer for the purposes of the single permit. Technical possibilities offered by Article 4 of Regulation (EC) No 1030/2002 and point (a)20 of the Annex thereto can also be used to store such information in an electronic format.
Amendment 122 #
Proposal for a directive
Recital 20
Recital 20
(20) The conditions and criteria on the basis of which an application to issue, amend or renew a single permit can be rejected, or on the basis of which the single permit can be withdrawn, should be objective and proportionate, and should be laid down in national law. Those may includinge the obligation to respect the principle of Union preference as expressed in particular in the relevant provisions of the 2003 and 2005 Acts of Accession. Rejection and withdrawal decisions should be duly reasonedAccession. Any decision to reject an application to issue, amend or renew a single permit and any decision to withdraw a single permit should take into consideration the specific circumstances of the individual case. In particular, where the grounds for rejection, withdrawal or refusal to renew relate to the conduct of the employer of the third-country national concerned, the employer’s minor misconduct should in no case constitute the sole ground for rejecting an application for a single permit or withdrawing or refusing to renew a single permit. The decision should be notified in writing, including digitally where possible, to the third- country national concerned and, where relevant, to his or her employer in accordance with notification procedures set out in the relevant national law. The notification should specify the reasons for the decision and the available remedies.
Amendment 124 #
Proposal for a directive
Recital 22
Recital 22
(22) In the absence of horizontal Union legislation, the rights of third-country nationals vary, depending on the Member State in which they work and on their nationality. With a view to developing further a coherent immigration policy and narrowing the rights gap between citizens of the Union and third-country nationals legally working in a Member State and complementing the existing immigration acquis, a set of rights should be laid down in order, in particular, to specify the fields in which equal treatment between a Member State’s own nationals and such third-country nationals who are not yet long-term residents is provided. Such provisions are intended to establish a minimum level playing field within the Union, to recognise that such third-country nationals contribute to the Union economy through their work and tax payments and to serve as a safeguard to reduce unfair competition between a Member State’s own nationals and third-country nationals resulting from the possible exploitation of the latter. A third–country worker in this Directive should be defined, without prejudice to the interpretation of the concept of employment contract or employment relationship in other provisions of Union law, as a third- country national who has been admitted to the territory of a Member State, who is legally residing and who is allowed, in the context of a paid relationship, to work there in accordance with national law or practicen employment contract or an employment relationship, to work there with consideration to the case-law of the Court of Justice on what constitutes a worker.
Amendment 127 #
Proposal for a directive
Recital 25
Recital 25
(25) Working conditions as referred to in this Directive should cover at least pay and dismissthe terms of employment, remuneration including protection of wages and minimum wages, employment security, occupational, health and safety at the workplace, working time, maternity protection and leave, working time including working hours and leave, taking into account collective agreements in force.
Amendment 129 #
Proposal for a directive
Recital 26
Recital 26
(26) A Member State should recognise professional, occupational and other qualifications acquired by a third-country national in another Member State in the same way as those of citizens of the Union and should take into account qualifications acquired in a third country in accordance with Directive 2005/36/EC of the European Parliament and of the Council47 . The right to equal treatment accorded to third- country workers as regards recognition of diplomas, certificates and other professional qualifications in accordance with the relevant national procedures should be without prejudice to the competence of Member States to admit such third-country workers to their labour market. _________________ 47 Directive 2005/36/EC on the recognition of professional qualifications (OJ L 255, 30.9.2005, p. 22).
Amendment 130 #
Proposal for a directive
Recital 27
Recital 27
(27) Third-country workers should enjoy equal treatment as regards social security, including portability of rights. Branches of social security are defined in Regulation (EC) No 883/2004 of the European Parliament and of the Council48 . The provisions on equal treatment concerning social security in this Directive should also apply to workers admitted to a Member State directly from a third country. Nevertheless, this Directive should not confer on third-country workers more rights than those already provided in existing Union law in the field of social security for third-country nationals who are in cross-border situations. _________________ 48 Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ L 166, 30.4.2004, p. 1).
Amendment 133 #
Proposal for a directive
Recital 32
Recital 32
(32) To ensure theFor the purpose of proper enforcement of the rights, benefits and guarantees of this Directive, Member States should ensure, in cooperation with the social partners and in accordance with ILO Convention No. 81 on Labour Inspection, that appropriate mechanisms are in place for the monitoring of employers and that, where appropriate, effective, timely, unannounced and adequate inspections are carried out on their respective territories to ensure decent working conditions and equal treatment of third-country workers. 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 134 #
Proposal for a directive
Recital 32 a (new)
Recital 32 a (new)
(32 a) To reinforce equal treatment of third-country workers, Member States should provide for effective, proportionate and dissuasive penalties against employers in the event of infringements of national provisions adopted pursuant to this Directive, in particular with regard to working conditions, protection of fundamental rights and principles at work, including freedom of association and affiliation, the right to collective bargaining, protection against forced and child labour, protection against discrimination and the principle of equal pay for work of equal value, and access to social security benefits.
Amendment 135 #
Proposal for a directive
Recital 33
Recital 33
(33) Member States should also put in placeensure equal access of third-country workers to an effective legal remedy and put in place timely, accessible, gender-sensitive and effective mechanisms through which third- country workers may seek legal redress and lodge complaints directly orand 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 through competent authorities. That, in accordance with article 47 of the Charter of Fundamental Rights of the European Union.The possibility to lodge complaints through third parties 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 the possible consequences.
Amendment 139 #
(33 a) In the implementation of this Directive, Member State authorities should pay particular attention to the role of recruitment agencies. While recruitment agencies may facilitate procedures for applicants, risks associated with third-party intermediation such as contract substitution, abusive fees and debt bondage, and other exploitative practices should be addressed, in collaboration with civil society and trade union organisations, through the provision of information to potential applicants and permitholders, monitoring and penalties and facilitation of complaints and legal redress. In accordance with the International Labour Organisation principle, requiring workers to pay recruitment fees and related costs should be prohibited.
Amendment 140 #
Proposal for a directive
Recital 33 b (new)
Recital 33 b (new)
Amendment 141 #
Proposal for a directive
Recital 34
Recital 34
(34) The single permit should authorisentitle the third-country national to seek employment and change the employer during the period of its validity. Member States should be able to require a notification of the change an or until a decision on an application for a renewal has been communicated to ctheck the labour market situation wird-country national concerned. Where a change of employer takes place. The si, Member States should require notification of such changle permit should not be withdrawn during a period of at least three months in the event of the unemployment of its rior to the commencement of that employment and of information related to the new employment contract or employment relationship. In such cases, Member States should not carry out a further labour market test. In the event of the unemployment of the third-country national, the single permit shoulder. not be withdrawn until the period of unemployment has lasted at least nine months
Amendment 143 #
Proposal for a directive
Recital 34 a (new)
Recital 34 a (new)
(34 a) In implementing this Directive, Member States should refrain from pursuing active recruitment in developing countries in sectors suffering from a lack of personnel. Ethical recruitment policies and principles that apply to public and private sector employers should be developed in key sectors, for example in the health sector. This is consistent with the Union’s commitment to the 2010 World Health Organization’s Global Code on the International Recruitment of Health Personnel, as well as with the conclusions of the Council and the Member States of 14 May 2007 on the European Programme for Action to tackle the critical shortage of health workers in developing countries (2007-13), and to the education sector.
Amendment 144 #
Proposal for a directive
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) a single application procedure for issuing a single permit for third-country nationals to reside for the purpose of work in the territory of a Member State, in order to simplify the procedures for their admission and to facilitate the control ofrecognise their status;
Amendment 145 #
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 147 #
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) ‘third-country worker’ means any third-country national who has been admitted to the territory of a Member State and who is legally residing and is allowed to work in the context of an employment contract or employment relationship in that Member State in accordance with national law or practicewith consideration to the case-law of the Court of Justice on what constitutes a worker;
Amendment 149 #
Proposal for a directive
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
Amendment 151 #
Proposal for a directive
Article 3 – paragraph 2 – point f
Article 3 – paragraph 2 – point f
Amendment 154 #
Proposal for a directive
Article 3 – paragraph 2 – point i
Article 3 – paragraph 2 – point i
Amendment 155 #
Proposal for a directive
Article 3 – paragraph 2 – point k
Article 3 – paragraph 2 – point k
Amendment 157 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Member States may decide that Chapter II does not apply to third-country nationals who have been either authorised to work in the territory of a Member State for a period not exceeding six months or who have been admitted to a Member State for the purpose of study.
Amendment 159 #
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 161 #
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 whetherallow applications for a single permit are to be submitted by either 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 nWhere the third-country national submits the applicational, Member States shall allow the application to be introduced both from a third country and in the territory of the Member State in which. Where the employer submits the application, Member States shall inform the third- country national is legally presenton whose behalf the application has been submitted in a timely manner and where possible digitally at each stage about the status of the application, and about the outcome of the application.
Amendment 165 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Provided that the requirements laid down by Union or national law are fulfilled and where a Member State issues single permits only on its territory, the Member State concerned shall issue the third country national with the requisite visa within the time limit laid down in Article 5(2).
Amendment 166 #
Proposal for a directive
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4 a. Member States shall grant applicants the choice between remote and in-person service provision and shall enable applicants to submit documents relevant for the procedure both electronically and physically.
Amendment 168 #
Proposal for a directive
Article 5 – title
Article 5 – title
5 Competent authority and procedural safeguards
Amendment 169 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
The competent authority shall adopt and notify the applicant about a decision on the complete application as soon as possible and in any event within four montha maximum of 90 days of the date on which the application was lodgsubmitted.
Amendment 174 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
The time limit referred to in the first subparagraph shall cover checking the labour market situationthe entire procedure, including any checks of conditions and criteria required under national law, the recognition of professional, occupational and other qualifications, where relevant, and the issuing of the requisite visa referred to in Article 4(3). The time limit may be extended in exceptional circumstances, linked to , including liaising with other complexity of the examination of the applicationetent authorities.
Amendment 176 #
Where the application is submitted by or on behalf of an applicant who has participated in an EU Talent Partnership with a third country, or where the applicant is already a single permit holder in another Member State, the competent authority shall adopt and notify the applicant of a decision on the application as soon as possible, but not later than30 days from the date on which the complete application was submitted.
Amendment 177 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The competent authority shall notify the decision to the applicant in writing in accordance with the notification procedures laid down in the relevant national lawand, where possible, digitally, and such notification shall include the reasons for the decision and information on the procedure for challenging the decision in accordance with Article 8. Where the application was submitted by the employer, the competent authority shall also notify the third-country national on whose behalf the application was submitted in writing and, where possible, digitally.
Amendment 180 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Member States shall issue a single permit using the uniform format as laid down in Regulation (EC) No 1030/2002 and shall indicate the information relating to the permission to work in accordance with points (a)12 and 16 of the Annex thereto. The single permit shall have a minimum period of validity equivalent to the duration of the employment contract or of two years where the employment contract is of undetermined length.
Amendment 183 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
Member States mayshall indicate and store additional information related to the employment contract or employment relationship of the third-country national, (such as the name and address of the employer, habitual place of work, type of work, working hours, and remuneration), in paper format, or store such data in electronic format as referred to in Article 4 of Regulation (EC) No 1030/2002 and in point (a)20 of the Annex thereto. A change to the conditions of employment indicated above shall not constitute a change of employer. Member States shall grant the third-country national access to that information and he or she shall be informed in writing, and where possible digitally, about any changes thereto.
Amendment 185 #
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
Member States may indicate and store additional information related to the employment contract or employment relationship of the third-country national, (such as the name and address of the employer, habitual place of work, type of work, working hours, and remuneration), in paper format, or store such data in electronic format as referred to in Article 4 of Regulation (EC) No 1030/2002 and point (a)20 of the Annex thereto. A change to the conditions of employment indicated above shall not constitute a change of employer. Member States shall grant the third-country national access to this information and he or she shall be informed in writing, and where possible digitally, about any changes thereto.
Amendment 186 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Reasons shall be given in the written notification of aA decision to rejecting an application to issue, amend or renew a single permit, or a decision withdrawing a single permit on the basis of criteria provided for by Union or national law, shall take account of the specific circumstances of the case and respect the principle of proportionality, and shall be notified in writing, and where possible digitally, to the third-country national concerned and, where relevant, to his or her employer in accordance with notification procedures set out in relevant national law. The notification shall specify the reasons for the decision and the available remedies.
Amendment 187 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. A decision rejecting theWhere an application to issue, amend or renew a single permit is rejected or a decision is taken tor withdrawing a single permit shall be open to legal challenge in the Member State concerned, in accordance with national law, the person concerned shall have the right to an effective legal remedy in the Member State concerned, in accordance with national law and article 47 of the Charter of Fundamental Rights of the European Union. The written notification referred to in paragraph 1 shall specify the court or administrative authority where the personthird-country national concerned may lodge an appeal and the time limit therefor.
Amendment 188 #
Proposal for a directive
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2 a. Provided that the Single Permit holder still fulfils the conditions on the basis of which the original permit was issued, a Member State may only withdraw or refuse to renew a single permit for reasons of public security or public health.
Amendment 191 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 193 #
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
Member States shall make easily accessible, and provide upon requestfree of charge in a language the third-country national can understand:
Amendment 196 #
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) adequate information to the third- country national and the future employerprospective employer, adequate information on all the documentary evidence needed for an application and, where appropriate, the applicable fees and that these are to be paid or reimbursed by the employer;
Amendment 200 #
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) to the third-country national and his or her family members, information on entry and residence conditions, includingformation on their rights, obligations and procedural safeguards of the third-country nationals and of their family members.linked to the single permit, including information on the employers’ obligations to inform the third-country worker of his or her rights under Directive2019/1152;
Amendment 203 #
Proposal for a directive
Article 9 – paragraph 1 – point b a (new)
Article 9 – paragraph 1 – point b a (new)
(b a) information on the rights and procedures related to changing employer, and related to possible sub-contracting or posting arrangements;
Amendment 204 #
Proposal for a directive
Article 9 – paragraph 1 – point b b (new)
Article 9 – paragraph 1 – point b b (new)
(b b) information on mechanisms for filing complaints and accessing legal redress, and information on organisations representing third-country national workers or protecting their rights and interests, in particular trade unions, national labour inspectorates, legal aid services and non-governmental and diaspora organisations.
Amendment 207 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States may require applicants to paythe payment of fees, where appropriate, for processing applications to issue and renew single permits in accordance with this Directive. The level of such fees shall be proportionate and shall be based on the services actually provided for the processing of applications and the issuance of permits, if required by a Member State, shall be reasonable and proportionate, shall not jeopardise the achievement of the objectives and the effectiveness of this Directive and shall not be paid by the third-country national. Where a fee for the application is paid by the employer, the employer shall not be entitled to recover any payments from the third-country national.
Amendment 210 #
Proposal for a directive
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. Where a single permit has been issued , it shall authorise, during its period of validity,Member States shall ensure that it shall, during its period of validity, or pending a decision on an application for a renewal of the permit, entitle its holder at least to:
Amendment 211 #
Proposal for a directive
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) to enter, re-enter and reside in the territory of the Member State issuing the single permit, provided that the holder meets all admission requirements in accordance with national law;
Amendment 213 #
Proposal for a directive
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
(b) to have free access to the entire territory of the Member State issuing the single permit within the limits provided for by national law;
Amendment 217 #
Proposal for a directive
Article 11 – paragraph 1 – point d
Article 11 – paragraph 1 – point d
(d) in accordance with Article 9 of this Directive, to be informed about the holder’s own rights linked to the permit conferred by this Directive and/or by Union and national law.
Amendment 219 #
Proposal for a directive
Article 11 – paragraph 1 – point d a (new)
Article 11 – paragraph 1 – point d a (new)
(d a) to receive the permit in paper format and be able to access the permit in electronic format.
Amendment 220 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Within the period of validity referred to in paragraph 1, Member States shall allowgrant a single permit holder the right to be employed by a different employer than the first employer with whom the permit holder concluded a contract of employment. Applicants and permit holders shall be entitled to conclude a contract of employment with more than one employer, including where an offer or contract of employment was required during the single application procedure in accordance with national law.
Amendment 222 #
Within the period of validity referred to in paragraph 1, Member States may:shall require that employers communicate, prior to the first working day, any new employment relationship to the competent authorities in the Member State concerned, providing information on at least the name and address of the new employer, the name and address of the former employer, the name of the third-country worker, the habitual place of work, the type of work, the job title, the working hours, the length of contract and the remuneration in accordance with procedures laid down in national law. If it is found that the new employment relationship has not been correctly communicated by the employer, or has been communicated with a delay, the single permit holder shall maintain the right to pursue a change of employer as set out in this Article.
Amendment 226 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point a
Article 11 – paragraph 3 – subparagraph 1 – point a
Amendment 228 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point b
Article 11 – paragraph 3 – subparagraph 1 – point b
Amendment 230 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point b a (new)
Article 11 – paragraph 3 – subparagraph 1 – point b a (new)
(b a) Member States shall ensure that the competent authorities confirm receipt of the communication of the new employment relationship to the new employer and the third-country worker concerned in writing, and where possible digitally.
Amendment 231 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 a (new)
Article 11 – paragraph 3 – subparagraph 1 a (new)
Member States shall require that a change of employer be subject to a check that the conditions of the new employment comply with labour standards.
Amendment 233 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2
Article 11 – paragraph 3 – subparagraph 2
Amendment 234 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2
Article 11 – paragraph 3 – subparagraph 2
The right of the single permit holder should be able to pursue such a change of employer may be suspended for a maximum of 30 days, continue working for their former employer, or enter the period of unemployment, while the Member State concerned checks the labour market situationcompliance with labour standards and verifies that the requirements laid down by Union or national law are fulfilled. TIf the requirements are not fulfilled the Member State concerned may oppose the change of employment within those 30 daysa maximum of 30 days informing the third-country national accordingly, from which date, the period of unemployment referred to in sub- paragraph 4 shall apply.
Amendment 239 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Within the period of validity referredIn the event of unemployment of the single permit holder, and in order to allow the holder to fin paragraph 1d alternative employment, the single permit shall not be withdrawn duringfor a period of at least threnine months in the event of unemployment of its holder. Member States shall allowduring which period the third- country national to stay in their territory until the competent authorities have taken a decision in accordance with paragraph 3, point (b), as relevant, even if that period of at least threshall be allowed to remain on the territory of the Member State mconths expircerned.
Amendment 248 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall provide for measures to prevent possible infringements by employers of national provisions adopted pursuant to Article 12, in cooperation with the social partners, non- governmental and diaspora organisations, provide for measures to prevent possible infringements by employers of the rights of third-country workers protected pursuant to Article 12, and shall ensure that sufficient resources are made available to this end. Preventive measures shall include monitoring, risk assessments and, where appropriate, inspections, including the powers of injunction of labour inspectors, particularly in spectors with high risk of labour rights violations, in accordance with national law or administrative practice.
Amendment 251 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States shall lay down the rules on penalties applicable toestablishing penalties and shall impose them where employers are found to have infringed the rights of the third-country workers protected pursuant to Article 12. If an infringements by the employers of national provisions adopted pursuant to Article 12 results in the termination of the employment contract or employment relationship with one or more third-country national, the latter should be eligible for a transitional permit in accordance with Article 13(2a) (NEW). Those penalties provided for shall be effective, proportionate and dissuasive. Member States shall, without delay, notify the Commission of those rules and of those measures and shall notify it, ,without delay, of any subsequent amendment affecting them.
Amendment 252 #
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2 a. Where it is established that a single permit holder has experienced a violation of his or her rights as a result of the conduct of his or her employer, Member States shall grant that single permit holder a transitional single permit, to enable him or her to seek and find alternative employment. That transitional single permit shall have a period of validity of at least twelve months from the date on which it is issued.
Amendment 254 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Member States shall ensure that service, in cooperation with the social partners, 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 with proper credentials 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 have free access to the workplace without previous notice. With the agreement of the third-country worker, and where this is relevant, that access shall include access to the third-country worker’s accommodation.
Amendment 256 #
Proposal for a directive
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
1. Member States shall ensure that there are accessible, timely and effective mechanisms through which third-country workers may lodge complaints against their employers:
Amendment 260 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Member States shall ensure that third parties referred to in paragraph 1, point (b) may engage either on behalf of or in support of a third-country worker, with his or her approvalconsent, in any judicial and/or administrative procedures aimed at or leading to enforcing compliance with this Directive.
Amendment 261 #
Proposal for a directive
Article 14 – paragraph 3 – introductory part
Article 14 – paragraph 3 – introductory part
3. Member States shall ensure that third-country workers, including those whose employment contract or employment relationship has come to an end, have the same access as nationals of the Member State where they reside with regard to:
Amendment 262 #
Proposal for a directive
Article 14 – paragraph 3 – point a
Article 14 – paragraph 3 – point a
(a) measures protecting against dismissal or other adverse treatment by the employer as a reaction to a complaint within the undertaking; or to, as well as measures protecting third-country workers and their representatives against any adverse treatment by the employer or other adverse consequences as a result of a complaint or process seeking to enforce the rights granted pursuant to this Directive, including access to an effective remedy in case unfair dismissal is confirmed, in the form of reinstatement, compensation or other appropriate remedies;
Amendment 264 #
Proposal for a directive
Article 14 – paragraph 3 – point b
Article 14 – paragraph 3 – point b
(b) effective, timely, impartial and gender-sensitive complaint, mediation or dispute resolution mechanisms, a right to legal redress, and any judicial and/or administrative procedure aimed at, that seek to enforcinge compliance with this Directive., in accordance with Article 47 of the Charter of Fundamental Rights of the European Union;
Amendment 266 #
Proposal for a directive
Article 14 – paragraph 3 – point b a (new)
Article 14 – paragraph 3 – point b a (new)
(b a) legal aid and assistance, in accordance with national law and article 47 of the Charter of Fundamental Rights of the European Union.
Amendment 268 #
Proposal for a directive
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
Each Member State shall make easily accessible to the general public a, including in relevant third countries, regularly updated set ofobjective information drawing on all available sources:
Amendment 269 #
Proposal for a directive
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
(c) on entry and residence conditions, including the rights, obligations and procedural safeguards, of the third-country nationals and their family members falling under the scope of this Directive.
Amendment 270 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Annually, and for the first time no later than [ ] , Member States shall communicate to the Commission (Eurostat) statisticshigh-quality and comparable statistics including disaggregated gender and equality data on the volumes of third- country nationals who have been granted a single permitapplied for a single permit, those who have been granted a single permit, those whose single permit has been renewed or withdrawn, and any transitional single permits issued, during the previous calendar year, in accordance with Regulation (EC) No 862/2007 of the European Parliament and of the Council55 . Those statistics shall relate to reference periods of one calendar year, be disaggregated by type of decision, reason, length of validity and, citizenship and gender and be transmitted within six months after the end of the reference period. _________________ 55 Regulation (EC) No 862/2007 of the European Parliament and of the Council of 11 July 2007 on Community statistics on migration and international protection and repealing Council Regulation (EEC) No 311/76 on the compilation of statistics on foreign workers (OJ L 199, 31.7.2007, p. 23).
Amendment 271 #
Proposal for a directive
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2 a. The European Commission shall establish a common template for data collected pursuant to paragraph 2.