84 Amendments of Nela RIEHL related to 2023/0404(COD)
Amendment 80 #
Proposal for a regulation
Recital 2
Recital 2
(2) Addressing labour shortages requires an ambitious and comprehensive approach at Union and national level which includes, as a priority, better realising the full potential of groups with lower labour market participation, reskilling and upskilling the existing workforce, facilitating intra-EU labour mobility, as well as improving working conditions and the attractiveness of certain occupationimproving pay and working conditions and the attractiveness of certain occupations, promoting economic and social convergence, better realising the full potential of workers and jobseekers, particularly those unemployed or in more vulnerable situations, education, training, reskilling and upskilling the existing workforce during working hours and at no cost for the employees, facilitating intra-EU labour mobility, as well as improving working conditions and the salaries, especially in certain occupations with stronger labour shortages as well as further investments in certain infrastructures. Due to the current scale of the labour market shortages and the demographic trends, measures targeting the domestic and Union workforce alone are likely to be insufficientre key to address existing and future labour and skills shortages. Therefore, legal migration is key to complement those actions and must be part of the solution to fully support the twin transition. within the Union. Legal migration through regular channels can complement those actions and can support the twin transition provided that it goes hand in hand with an ambitious strategy within the EU borders and that it promotes each side’s interests in order to prevent brain drain or any other adverse effect in the third country
Amendment 98 #
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 enhance fair recruitment and protection of migrant workers in line with international human rights and labour standards and authoritative guidance on the subject, 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 employers operating in the participating Member States.
Amendment 103 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The implementation of the Talent Pool Regulation should promote decent work, equal treatment and equal opportunities, social inclusion as well as prevent and protect third-country nationals working in the EU from exploitation and abuse.
Amendment 104 #
Proposal for a regulation
Recital 3 b (new)
Recital 3 b (new)
(3b) The Talent Pool should contribute to achieving the objectives of the EU Green Deal to become climate neutral by 2050 and the UN 2030 Agenda for Sustainable Development and its Sustainable Development Goals (SDGs), in particular Goal 1 to eradicate poverty, Goal 5 to ensure gender equality and empower all women and girls, Goal 8 to promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all and Goal 10 to reduce inequalities within and among countries.
Amendment 105 #
Proposal for a regulation
Recital 3 c (new)
Recital 3 c (new)
(3c) While women make up a significant part of some crucial sectors, mobile and third-country women can be subject to insecure jobs and the informal economy and are often particularly vulnerable to discrimination, social exclusion and lack of job and training opportunities, as well as being exposed to abuse, violence and harassment. Member States should strongly mainstream the protection of women’s rights and adopt a gender transformative approach, including equal pay for work of equal value.
Amendment 109 #
Proposal for a regulation
Recital 5
Recital 5
(5) The EU Talent Pool should aim at supporting participating Member States to at least partially address existing and future skills and labour shortages via the recruitment of third country nationals to the extcomplement the activation of the domestic workforce and intra-EU mobility are not sufficientin order to achieve this objective. As a voluntary tool to facilitate international recruitment, the EU Talent Pool should offer additional support at Union level to interested Member States. To this end, complementarity and interoperability with existing national initiatives and platforms should be ensured. Member States’ specific needs, in coordination with the national social partners, should be taken into account in the development of the EU Talent Pool in order to ensure the widest and fairest participation possible. Hence, ‘Talent’ is an encompassing term referring to the entire range of skills and jobseekers’ competences that might be needed by the Member States’ labour markets. Skills shortages in third countries should also be taken into account when defining the shortage occupations list so as not to aggravate brain drain in critical sectors.
Amendment 123 #
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 1997genuinely performing substantial activities in the territory of the participating Member States.
Amendment 132 #
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.
Amendment 136 #
Proposal for a regulation
Recital 10
Recital 10
(10) Synergies should be ensured, where appropriatas much as possible, between the EU Talent Pool IT platform and other relevant instruments and services at Union level, including with regard to access to training materials such as the EU Academy and the Interoperable Europe Academy. The EU Talent Pool IT platform should be quickly and regularly adapted to new practices in technology and provide state-of-the-art IT services by introducing safe, gender-bias- free innovative features and tools.
Amendment 142 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) All information, at all stages of the recruitment process, should be made available in a language that the third country nationals can be reasonably expected to understand in order to fully ensure equal access to all jobseekers, full transparency, and understanding of the whole process by both parts, the employer and the applicant. By no means should the Member State language or English be the only available language.
Amendment 144 #
Proposal for a regulation
Recital 13
Recital 13
(13) The processing for the purpose of the search and matching functions of the EU Talent Pool IT platform should be available in a language that the jobseeker can be reasonably expected to understand in order to ensure equal access to all and limited to personal data necessary to identify the registered jobseekers from third countries and employers participating in the EU Talent Pool, to enable the search and matching on the EU Talent Pool IT platform as well as for data collection to improve the functioning of the Talent Pool. This should not require processing any personal data referred to in Article 9 of Regulation (EU) 2016/679 and Article 10 of Regulation (EU) 2018/1725.
Amendment 148 #
Proposal for a regulation
Recital 14
Recital 14
(14) Registered jobseekers from third countries should have the right to choose from a number of technical options to restrict the access to their personal data, for instance, by restricting access to their contact details. Profiles of registered jobseekers from third countries and employers participating in the EU Talent Pool IT platform that have not been used for a period of two years should be automatically removed and jobseekers duly informed. When profiles are removed, a limited set of anonymised data could continue to be stored for research and statistical purposes including for the purpose of production and quality of European statistics.
Amendment 149 #
Proposal for a regulation
Recital 15
Recital 15
(15) Without prejudice to their obligation to inform data subjects about the processing of their personal data and their rights as data subjects in accordance with Articles 12 and 13 of Regulation (EU) 2016/679 and Articles 14 and 15 of Regulation (EU) 2018/1725, the EU Talent Pool Secretariat and the EU Talent Pool National Contact Points should also inform registered jobseekers and employers participating in the EU Talent Pool about their rights to technically restrict access to their personal data and to require, at any time, the deletion or modification of their personal data included in their profiles. All information needs to be accessible in a language that the jobseeker can be reasonably expected to understand in order to ensure that the jobseeker has a full understanding of the process.
Amendment 158 #
Proposal for a regulation
Recital 16
Recital 16
(16) The EU Talent Pool should contribute to the objective of disencouraging cirregcular migration including by facilitating access to existing legal pathways. Jobseekers from third countries who are subject to a judicial or administrative decision refusing the entry or stay in a Member State or an entry ban in accordance with Directive 2008/115/EC of the European Parliament and of the Council11 , should not be allowed to register their profiles in the EU Talent Pool IT platform, given that they will not be permitted to enter and stay in the Union. To this end, jobseekers from third countries should be required, before registering their profiles in the EU Talent Pool, to declare that they are not currently subject to a refusal of entry or stay in a Member State or an entry ban to the territory of the Union. Information should also be provided on the consequences for making a false declaration in this respect. __________________ 11 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98, ELI: http://data.europa.eu/eli/dir/2008/115/oj).
Amendment 160 #
Proposal for a regulation
Recital 17
Recital 17
(17) Jobseekers from third countries wishing to register in the EU Talent Pool should create a profile using the Europass12 profile builder functionality in their own language enabling to create a free profile and report the relevant skills, qualifications, and other experiences in one secure online location. Eligibility and selection criteria should be transparent, non-discriminatory and should be defined in a broad way to allow for the admissibility of all jobseekers. __________________ 12 Decision (EU) 2018/646 of the European Parliament and of the Council of 18 April 2018 on a common framework for the provision of better services for skills and qualifications (OJ L 112, 2.5.2018, p. 42, ELI: http://data.europa.eu/eli/dec/2018/646/oj).
Amendment 166 #
Proposal for a regulation
Recital 18
Recital 18
(18) Where necessary, the 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 in the third country national's language.
Amendment 178 #
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 of third country workers with respect to working conditions, minimum wagesremuneration, access to social protection, training, and protection of youth people at work. In accordance with those principles, the EU Talent Pool should ensure quality employmentsocial and tax benefits, health care, education, trade union rights, access to housing, and protection of youth people at work as well as the need for greater protection of women's rights and the gender perspective, especially in sectors where third-country women are overrepresented, as well as the need to protect people with disabilities, safeguarding their rights and access to care. In accordance with those principles, the EU Talent Pool should ensure fair and equal recruitment and employment opportunities, and decent work.
Amendment 188 #
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 unfairlawful 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 understandabletheir own language on their rights and obligations resulting from the employment relationship at the start of the employment. This information should at least include the place and the type of work, the duration of employment, the remuneration, the working hours, the amount of any paid leave (including any additional allowances), lawful deductions, working hours, the amount of any paid leave including maternity, paternity and parental leaves and maternity protection, and, where applicable other relevant working conditions. An employer should neither charge any recruitment fee or related costs, 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. In case the worker does not speak the language of the country they will be residing in, in order to ensure health and safety at work, better performance at work, good communication between colleagues as well as ensuring good and quick economic and social integration of the third country nationals, the employer should offer them language courses. Whether outside or in-company, the classes should be taken during working hours and at no cost for the employee. 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 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 should be required to declare that they uphold fair recruitment according to international labour standards when registering a vacancy. The principle that no workers or jobseekers should pay recruitment fees or related costs should be clearly stated in the platform and job vacancies. Pro-active monitoring of employers’ compliance should be assured by the National Contact Points in coordination, as relevant, with social partners. __________________ 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 193 #
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) To ensure 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 these above mentioned Directives.
Amendment 194 #
Proposal for a regulation
Recital 23 b (new)
Recital 23 b (new)
(23b) Female third-country workers tend to be more exposed to exploitation compared to their male counterparts due for example to a lack of access to and control over resources and decision- making as well as a lack of access to accurate information. This is particularly the case in the sectors where female workers are over-represented such as domestic and care work. Intersectional discrimination may prevent them from accessing and using complaint and enforcement mechanisms. Member States should therefore ensure that any complaint mechanisms aimed at enforcing compliance with this regulation and preventing corruption and any malpractice are gender-sensitive and fully accessible to women workers.
Amendment 198 #
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, which should be regularly improved and quickly updated in order to counter gender-bias.
Amendment 206 #
Proposal for a regulation
Recital 25
Recital 25
(25) The EU Talent Pool platform should meet established needs on 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. 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 as a whole and in the Member States more specifically while taking into account the risk of brain drain from developing countries 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, in full agreement with their social partners, 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.
Amendment 211 #
Proposal for a regulation
Recital 26
Recital 26
(26) Participating Member States should make information concerning the EU Talent Pool and its functioning easily accessible to jobseekers from third countries and employers, in particular with regard to information on the competent authorities in the participating Member States. Such information should include the conditions and procedures for the participation in the EU Talent Pool, all made available in a language that third country nationals are reasonably expected to understand. Eligibility and selection criteria should be transparent, non- discriminatory, gender responsive and should be defined in a broad way to allow for the accessibility of jobseekers with all skill levels.
Amendment 219 #
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 in a language that the potential jobseekers can be reasonably expected to understand.
Amendment 226 #
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 could provide additional support. Additional sThe EU Talent Pool National Contact Points should provide proactive support to promote fair recruitment and offer easy access to information and to the navigation of the platform or to complete online procedures and hence reduce workers’ dependency from private, sometimes informal, intermediaries for such tasks. 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 care and health assistance, education, and housing. Specific guidance and information mayshould 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. Such information should also include available complaints and redress mechanisms for cases of labour exploitation and unfairlawful recruitment practices in the participating Member States as well as contact references of relevant support organisations. The EU Talent Pool National Contact Points should provide information to employers participating in the EU Talent Pool on their rights and obligations relating to social security, active labour market measures, taxation, issues relating to work contracts, pension entitlements and health insurance. Clear and accessible information and guidance should be provided to jobseekers as well as employers throughout the recruitment process. Employers which have breached EU law in the past should not be allowed to participate in the EU Talent Pool.
Amendment 241 #
Proposal for a regulation
Recital 31
Recital 31
(31) To achieve the objective of this Regulation, the effective implementation of the EU legal migration acquis should be ensured. In addition, to make the recruitment of jobseekers from third countries residing outside the Union easier and faster for both the jobseekers and the employers, participating Member States may put in place accelerated immigration procedures in particular as regards the obtention of visas and residence permits for work purposes and the exemption from the principle of preference for Union citizens. The implementation of accelerated immigration procedures could be discussed in the context of the EU Talent Pool Steering Group, notably in view of supporting the exchange of best practices among Member States.
Amendment 245 #
Proposal for a regulation
Recital 32
Recital 32
(32) Since the objectives of this Regulation, namely the establishment of a Union-wide platform aimed at addressing certain labour shortages at Union level by facilitating the recruitment of third country nationals to work in EU-wide shortage occupations, cannot be sufficiently achieved by the Member States due to the lack of effective channels and the limited visibility at global level, but can rather, by reason of the scale of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.
Amendment 256 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes an EU Talent Pool available to all Member States to facilitate recruitment of jobseekers from third countries residing outside the Union.
Amendment 260 #
Proposal for a regulation
Article 1 – paragraph 2 – point d a (new)
Article 1 – paragraph 2 – point d a (new)
(da) the protection of jobseekers recruited through the EU Talent Pool and the application of the principle of equal treatment.
Amendment 264 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to jobseekers from third countries residing outside the Union and employers established in the participating Member States.
Amendment 276 #
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 Stategenuinely performing substantial activities in the territory of the participating Member State in which it is established, where the third country national is employed for or under the direction or supervision of whom the employment is undertaken as well as. For the purpose of this regulation, private employment agencies, temporary work agencies and labour market intermediaries shall be excluded;
Amendment 289 #
Proposal for a regulation
Article 4 – paragraph 1 – point 5 a (new)
Article 4 – paragraph 1 – point 5 a (new)
(5a) ‘public employment services’ means the organisations of the Member States, as part of relevant ministries, public bodies or corporations falling under public law, that are responsible for implementing active labour market policies and providing quality employment services in the public interest;
Amendment 290 #
Proposal for a regulation
Article 4 – paragraph 1 – point 5 b (new)
Article 4 – paragraph 1 – point 5 b (new)
(5b) ‘recruitment fees’ or ‘related costs’ refer to any fees or costs incurred in the recruitment process in order for workers to secure employment or placement, regardless of the manner, timing or location of their imposition or collection.
Amendment 291 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. The EU Talent Pool IT platform for facilitating recruitment of jobseekers from third countries of all skills, education, and experience levels is established.
Amendment 303 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The EU Talent Pool Secretariat may process personal data of registered jobseekers from third countries with their explicit consent 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 335 #
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 members of the EU Talent Pool Steering Group. RTwo representationves of two participants from trade union and two participants from employer organisations shall be ensured bycivil society organisations working directly with third country nationals and/or representing migrant communities will also be invited to participate in the EU Talent Pool Steering Group. 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 343 #
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) transferringvetting registered employers and recruitment agencies and activating their profiles as set out in Article 13; confirming the publication of job vacancies to the EU Talent Pool IT platform as set out in article 13, through the single coordinated channel and facilitating the matching between registered jobseekers from third countries and employers participating in the EU Talent Pool;
Amendment 350 #
Proposal for a regulation
Article 10 – paragraph 2 – point c
Article 10 – paragraph 2 – point c
(c) following consultation with the 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 355 #
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;
Amendment 357 #
Proposal for a regulation
Article 10 – paragraph 2 – point e
Article 10 – paragraph 2 – point e
(e) suspendPermanently removing 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 agreement 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. An EU list of employers that do not respect the relevant Union and national law and practice shall be made public so as to ensure the utmost transparency but also better coordination among participating Member States.
Amendment 379 #
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 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 384 #
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. If during the recruitment and administrative processes a jobseeker is found to be subject to a decision as set out in paragraph 2, the National Contact Point shall delete the profile. The National Contact Point shall inform the jobseeker that their profile has been deleted, the reason, the duration of applicability or enforceability of the decision, and the possibility to register a profile after its expiration.
Amendment 394 #
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 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 397 #
Proposal for a regulation
Article 11 – paragraph 4 b (new)
Article 11 – paragraph 4 b (new)
4b. In case the worker does not speak the language of the country they will be working in at a sufficient level, the employer shall offer them language classes. Whether outside or in-company, the classes shall be taken during working hours and at no cost for the employee.
Amendment 404 #
Proposal for a regulation
Article 13 – title
Article 13 – title
Amendment 405 #
Proposal for a regulation
Article 13 – paragraph -1 (new)
Article 13 – paragraph -1 (new)
-1. Employers wishing to be visible and post their vacancies on the EU Talent Pool shall register a profile indicating their name, surname, contact details, company registration number, business address, the sector of activity, legal registration number, and a brief description of the employer’s operations.
Amendment 408 #
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. All job vacancies shall be clearly linked to an employer registered and with an active profile in the EU Talent Pool. All vacancies shall include, at least, information on the place and the type of work, the duration of employment, salary including paid holidays and benefits, main tasks, qualification requirements, the amount of any paid leave including maternity, paternity, and parental leaves and maternity protection, working hours, duration of the contract, and main tasks, and where applicable other relevant working conditions. The National Contact Point shall verify that the vacancy meets the applicable conditions according to applicable national and regional legislation for the issuance of a single permit for a third country national.
Amendment 412 #
Proposal for a regulation
Article 13 – paragraph 1 b (new)
Article 13 – paragraph 1 b (new)
1b. Public employment agencies may publish vacancies on behalf of employers in the EU Talent Pool. They shall create their own user profile.
Amendment 415 #
Proposal for a regulation
Article 13 – paragraph 2 – introductory part
Article 13 – paragraph 2 – introductory part
2. The EU Talent Pool National Contact Points shall transfer to the EU Talent Pool IT platform job vacancies that:
Amendment 416 #
Proposal for a regulation
Article 13 – paragraph 2 – point -a (new)
Article 13 – paragraph 2 – point -a (new)
(-a) coordinate with the relevant national authorities as appropriate to screen and vet the registered employers before their profile is activated. At a minimum, 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 417 #
Proposal for a regulation
Article 13 – paragraph 2 – point -a a (new)
Article 13 – paragraph 2 – point -a a (new)
(-aa) verify that the employer operates in a sector for which single permits may be issued to third-country nationals, where specific eligible occupations and sectors are specified in national or regional legislation;
Amendment 418 #
Proposal for a regulation
Article 13 – paragraph 2 – point -a b (new)
Article 13 – paragraph 2 – point -a b (new)
(-ab) require the employers to participate in an information session regarding fair recruitment and international labour standards. Upon participation in the information session, the employers shall sign a pledge to adhere to the ILO General Principles and Operational Guidelines on Fair Recruitment.
Amendment 419 #
Proposal for a regulation
Article 13 – paragraph 2 – point -a c (new)
Article 13 – paragraph 2 – point -a c (new)
(-ac) transfer to the EU Talent Pool IT platform job vacancies that:
Amendment 423 #
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 for 3 months.
Amendment 431 #
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, protection against unfair recruitment and inadequate working conditions as well as non- discrimination in respect of employment and occupation. Participating Member States may introduce additional conditions for the employers’ participation in the EU Talent Pool to ensure compliance with other relevant national practices, and collective agreements and the principles and guidelines set out by the International Labour Organisation, in compliance with Union law.
Amendment 434 #
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 to registered jobseekercover all recruitment fees and related costs for the recruitment of registered jobseekers and any third country workers selected and hired through the EU Talent Pool. The employer shall not be entitled to recover such fees and related costs from the third countries for the purpose of the recruitmenty national. A clear statement that no recruitment fees or costs are charged to jobseekers shall be made visible in job vacancies. The use of the EU Talent Pool shall be free of charge for jobseekers from third countries.
Amendment 449 #
Proposal for a regulation
Article 13 – paragraph 6 a (new)
Article 13 – paragraph 6 a (new)
6a. 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 452 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 – introductory part
Article 14 – paragraph 1 – subparagraph 2 – introductory part
Amendment 459 #
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1
Article 15 – paragraph 1 – subparagraph 1
The participating Member States, following a process of consultation with social partners at national and sectoral level, may decide to add shortage occupations at the ISCO-08 4-digit level, in order to satisfy their specific labour market needs. They may also decide to remove shortage occupations from the EU-wide list where those do not correspond to their specific labour market needs. The country- specific adjustments shall only affect the matching of job vacancies in the Member State concerned.
Amendment 467 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Employers participating in the EU Talent Pool may use a specific gender- bias-free filter available on the EU Talent Pool IT platform to search for profiles of registered jobseekers having obtained an ‘EU Talent Partnership pass’.
Amendment 470 #
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 gender-bias-free matching tool and based on the relevance of their skills, qualifications and work experiences for the job vacancy.
Amendment 472 #
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, which will have to be regularly updated in order to prevent any gender bias.
Amendment 478 #
Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 1
Article 17 – paragraph 1 – subparagraph 1
Participating Member States shall make information concerning the EU Talent Pool and its functioning easily accessible, understandable and non-discriminatory.
Amendment 479 #
Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 2 – introductory part
Article 17 – paragraph 1 – subparagraph 2 – introductory part
The EU Talent Pool Secretariat, with the support of the EU Talent Pool National Contact Points, shall make available, in a language the third-country national can be reasonably expected to understand, on the EU Talent Pool IT platform, the following information:
Amendment 481 #
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 procedureprinciples and standards, immigration procedures to obtain visas, residence and work permits, recognition of qualifications and validation of skills, rightinformation on the rights and procedural safeguards of third country nationals, including with regard to available redress mechanismslabour and trade union rights, access to justice 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 496 #
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 additionalsystematic support, and post-selection assistance to registered jobseekers from third countries in their own language and employers participating in the EU Talent Pool, in particular with regard to:
Amendment 502 #
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 access to social benefits, health assistancelabour and trade union rights, how salaries are calculated, access to social benefits, access to health care, the amount of any paid leave including maternity, paternity, parental leaves and maternity protection, education, housing, recognition of skills and qualifications and the complaint, labour and union rights and the available complaints and redress mechanisms pursuant to Article 18;
Amendment 507 #
Proposal for a regulation
Article 17 – paragraph 2 – point c a (new)
Article 17 – paragraph 2 – point c a (new)
(ca) warning that the jobseeker shall not pay any recruitment fees or related costs, and information on the costs which must be covered by the employer;
Amendment 509 #
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 512 #
Proposal for a regulation
Article 17 – paragraph 2 – point e
Article 17 – paragraph 2 – point e
(e) where available, tThe contact details of organisations which offer post- recruitment assistance for third country nationaland rights and interest protections for third country nationals, including trade unions, national labour inspectorates, legal aid services and non-governmental and diaspora organisations.
Amendment 515 #
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. The EU Talent Pool National Contact Points shall consider organising regular, free of charge and accessible information sessions for jobseekers selected via the EU Talent Pool. Employers who have recruited an employee via the EU Talent Pool shall agree to allow the employee to attend two such information sessions during work time. National Contact Points are encouraged to develop and implement the information sessions in cooperation with organisations which offer post- recruitment assistance for third country nationals.
Amendment 520 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Participating Member States shall ensure that there are accessible, timely, fair, gender-responsive, affordable and effective mechanisms through which registered jobseekers fromand third countriesy workers recruited via the EU Talent Pool 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) or other relevant provisions, directly or through third parties which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring compliance with this Regulation, or through a competent authority of the Member State when provided for by national law. Jobseekers and workers lodging a complaint shall be protected from any retaliation or any other adverse consequences as a result of a complaint.
Amendment 525 #
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 in a language the third-country national can reasonably be expected to understand.
Amendment 529 #
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. The EU Talent Pool IT Platform shall feature a directly accessible complaint mechanism for registered jobseekers against unlawful recruitment as well as abusive employment practices.
Amendment 533 #
Proposal for a regulation
Article 19 – title
Article 19 – title
Accelerated immigration procedures and transitional permit
Amendment 535 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Participating Member States may decide to putshall consider putting in place accelerated immigration procedures to allow for a faster recruitment of registered jobseekers from third countries who have been selected for a job vacancy in the EU Talent Pool. This may include obtaining visas and residence permits for the purpose of habitual work in the participating Member State.
Amendment 543 #
Proposal for a regulation
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2a. Participating Member States shall consider granting, on a case-by-case basis in accordance with the criteria laid down by their national law, a transitional permit of limited duration to a third country worker recruited via the EU Talent Pool where there are reasonable grounds to indicate a violation of their rights laid down in Article 13(3).
Amendment 545 #
Proposal for a regulation
Article 20 – paragraph 1 – introductory part
Article 20 – paragraph 1 – introductory part
1. The performance of the EU Talent Pool shall be regularly monitored by the EU Talent Pool Secretariat in accordance with Article 8(2), point (e). In particular, gender disaggregated data shall be gathered on:
Amendment 549 #
Proposal for a regulation
Article 20 – paragraph 1 – point d a (new)
Article 20 – paragraph 1 – point d a (new)
(da) the number of selections facilitated via the EU Talent Pool that did not lead to a job placement, and the reason for the recruitment process ending;
Amendment 550 #
Proposal for a regulation
Article 20 – paragraph 1 – point d b (new)
Article 20 – paragraph 1 – point d b (new)
(db) the number and type of permits issued to third country workers recruited via the EU Talent Pool;
Amendment 554 #
Proposal for a regulation
Article 20 – paragraph 1 – point f a (new)
Article 20 – paragraph 1 – point f a (new)
(fa) the number of complaints lodged against registered employers;
Amendment 558 #
Proposal for a regulation
Article 20 – paragraph 1 – point f b (new)
Article 20 – paragraph 1 – point f b (new)
(fb) the number of registered employers removed from the EU Talent Pool due to violations;
Amendment 560 #
Proposal for a regulation
Article 20 – paragraph 1 – point f c (new)
Article 20 – paragraph 1 – point f c (new)
(fc) the user experience for registered employers and registered jobseekers;
Amendment 568 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. By 31.12.2031 and every fivetwo years thereafter, the Commission shall submit a report to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the EU Talent Pool activity and the application of this Regulation.