6 Amendments of Rolandas PAKSAS related to 2010/0210(COD)
Amendment 66 #
Proposal for a directive
Recital 6
Recital 6
(6) This Directive should contribute to the effective management of migration flows for the specific category of seasonal temporary migration by setting out fair and transparent rules for admission and stay, while at the same time providing for incentives and safeguards to prevent temporary stay from becoming permanent; it should also help to combat all forms of illegal seasonal employment and to ensure that workers from third countries have decent working conditions. In addition, the rules laid down in Directive 2009/52/EC of the European Parliament and of the European Council providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals will contribute to avoiding such temporary stay turning into illegal stay.
Amendment 73 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) Given that seasonal work can contribute significantly to the recovery of certain sectors of the economy and production in Europe, uniform basic legal standards must be secured and care must be taken to combat abuses, illegal immigration and all forms of illegal employment and exploitation of third- country nationals in the European Union.
Amendment 99 #
Proposal for a directive
Recital 16
Recital 16
(16) The duration of stay should be limited to a maximum period per calendar year which, together with the definition of seasonal work, should ensure that the work is of genuinely seasonal nature and that work which has to be done all year round is not carried out by seasonal workers from third countries. Provision should be made that within that maximum duration of stay, an extension of the contract or change of employer is possible. This should serve to reduce risks of abuses that seasonal workers may face if tied to a single employer and at the same time provide for a flexible response to employers’ actual workforce needs.
Amendment 102 #
Proposal for a directive
Recital 17
Recital 17
(17) Circular migration of third-country national seasonal workers – which not only furthers social and economic development in the workers’ countries of origin and the host countries but also contributes to preventing illegal migration – should be promoted. In order for seasonal workers to have employment prospects in the EU for periods beyond a single season and for EU employers to be able to rely on a more stable and already trained workforce, the possibility of access to seasonal employment for several consecutive years should be provided, either through a multi- seasonal worker permit or a facilitated procedure, thus reducing the likelihood people outstaying the duration of their permits. This procedure should include preference over admissions of third- country nationals applying to be admitted as seasonal workers for the first time or reduced processing times, or less documentary evidence being required. It should be at the discretion of the Member States whether to issue multi-annual permits or to offer a facilitated procedure for third-country nationals applying for permits in consecutive years.
Amendment 107 #
Proposal for a directive
Recital 18
Recital 18
(18) A set of rules governing the procedure for examining applications for admission as a seasonal worker should be laid down. Those procedures should be effective and manageable, taking account of the normal workload of Member States’ administrations, as well as transparent and fair, in order to offer appropriate legal certainty to those concerned. A Member State should be able to reject an application if the would-be employer has been sanctioned under national law for undeclared or illegal employment, although due regard should be had in all cases to the gravity and nature of the offence committed.
Amendment 111 #
Proposal for a directive
Recital 19
Recital 19
(19) In order to ensure that seasonal workers have adequate accommodation during their stay, including at a reasonable cost, provision should be made to require employers to provide the evidence of the accommodation they or third-parties provide. Employers should also be required to ensure that seasonal workers have enough income to live on and sufficient resources to return to their country of origin.