Activities of Rareș-Lucian NICULESCU related to 2007/0094(COD)
Plenary speeches (1)
Sanctions against employers of illegally staying third-country nationals (debate)
Amendments (8)
Amendment 56 #
Proposal for a directive
Recital 5
Recital 5
(5) To prevent the employment of illegally staying third-country nationals, employers should be required before recruiting a third-country national, including in cases where the third country national is being recruited for the purpose of posting to another Member State in the context of the provision of services, to check that they have a residence permit or another authorisation for stay valid for the period of employment. The burden on employers should be limited to checking that the document is not manifestly incorrect, such as bearing a manifestly wrong photograph. To enable Member States in particular to check for forged documents, businesses and legal persons should also be required to notify the competent authorities of the employment of a third-country national. Member States should ensure that employers are adequately informed as to the form and content of the residence permit issued to third country nationals.
Amendment 67 #
Proposal for a directive
Recital 19
Recital 19
(19) To supplement the complaint mechanisms, Member States should grant residence permits of limited duration, linked to the length of the relevant national proceedings, to third-country nationals who have been subjected to particularly exploitative working conditions and who cooperate in criminal proceedings against the employer, as well as to their family members. Such permits should be granted under the same conditions as those granted under Directive 2004/81/EC of 29 April 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration who cooperate with the competent authorities.
Amendment 81 #
Proposal for a directive
Article 4 - paragraph 3 a (new)
Article 4 - paragraph 3 a (new)
3a. Member States must ensure that employers handle job applications equitably and conduct a non-discriminatory check on the papers of all applicants offered employment.
Amendment 124 #
Proposal for a directive
Article 14 - paragraph 1
Article 14 - paragraph 1
1. Member States shall provide for effective mechanisms through which third- country nationals in illegal employment can lodge complaints against their employers, directly or through designated third parties, and anyone learning of a case of illegal employment can report this to the competent authorities.
Amendment 126 #
Proposal for a directive
Article 14 - paragraph 2 a (new)
Article 14 - paragraph 2 a (new)
(2a) Persons who denounce cases of illegal employment must be afforded legal protection against any unfair measures taken as a consequence of that denunciation.
Amendment 130 #
Proposal for a directive
Article 14 - paragraph 3
Article 14 - paragraph 3
(3) In respect of criminal offences covered by Article 10(1)(c), Member States shall, under the conditions of Articles 4 to 15 of Directive 2004/81/EC, grant residence permits of limited duration, linked to the length of the relevant national proceedings, to third-country nationals who are or have been subjected to exploitative working conditions and cooperate in proceedings against the employer, as well as to their family members.
Amendment 135 #
Proposal for a directive
Article 15 - paragraph 1
Article 15 - paragraph 1
1. Member States shall ensure that at least 103% of companies established on their territory per year are subject to inspections to control employment of illegally staying third-country nationals.
Amendment 142 #
Proposal for a directive
Article 17 - paragraph 1 a (new)
Article 17 - paragraph 1 a (new)
(1a) In the case of the Republic of Bulgaria and Romania, Article 15(1) shall take effect 48 months from the date of publication of this Directive in the Official Journal of the European Union.