23 Amendments of Monika HOHLMEIER related to 2010/0209(COD)
Amendment 72 #
Proposal for a directive
Recital 18
Recital 18
(18) Member States should provide for appropriate penalties, such as financial penalties, to be imposed in the event of failure to comply with the conditions laid down in this Directive or of the falsification of evidence and documents. The penalties could be imposed on the host entity.
Amendment 93 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
(1a) Notwithstanding paragraph 2(c), the same legal consequences as result from the Directive on the posting of workers (96/71/EC) apply to intra-corporate transferees;
Amendment 96 #
Proposal for a directive
Article 2 – paragraph 2 – point c a (new)
Article 2 – paragraph 2 – point c a (new)
(ca) third country national working for and being assigned by employment agencies, temporary work agencies or any other undertakings engaged in making available labour to work under the supervision and direction of another undertaking except regularly employed members of the management.
Amendment 104 #
Proposal for a directive
Article 3 – point d
Article 3 – point d
(d) ‘host entity’ means the entity, regardless of its legal form, established in the territory of a Member State, that has appropriate and balanced human and financial resources in the Member States concerned, and to which the third-country national is transferred;
Amendment 110 #
Proposal for a directive
Article 3 – point e
Article 3 – point e
(e) ‘manager’ means any person working in a senior position within a juridical person, who principalmarily directs the management of the host entityestablishment, receiving general supervision or direction principally from the board of directors or stockholders of the business or their equivalent; this position includes:, including: – directing the host entityestablishment or a department or sub-division of the host entity,establishment; – supervising and controlling the work of other supervisory, professional or managerial employees,; – having the authority personally to hire and dismissfire or recommend hiring, dismissfiring or other personnel actions;
Amendment 117 #
Proposal for a directive
Article 3 – point f
Article 3 – point f
(f) ‘specialist’ means any person working within a juridical person who possessinges uncommon knowledge essential and specific to the host entity, taking accountto the establishment’s service, research equipment, techniques or management. In assessing such knowledge, account will be taken not only of knowledge specific to the host entityestablishment, but also of the work experience of the person and of whether the person has a high level of qualification referring to a type of work or trade requiring specific technical knowledge, including membership of an accredited profession;
Amendment 125 #
Proposal for a directive
Article 3 –– point g
Article 3 –– point g
(g) ‘graduate trainee’ means any person with a higher education qualification who is transferred to broaden his/her knowledge ofnatural person who has been employed by a juridical person of a party of for at least one year, who possesses a university degree and who is temporarily transferred to and experience in a company in preparation for a managerial position within the companystablishment in the territory of the other party for career development purposes or to obtain training in business, techniques or methods as part of paid work;
Amendment 140 #
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Without prejudice to Article 10, aA third- country national who applies to be admitted under the terms of this Directive shallmay be granted admission, if he or she fulfils the following conditions:
Amendment 159 #
Proposal for a directive
Article 5 – paragraph 1 – point c – point iii
Article 5 – paragraph 1 – point c – point iii
(iii) the remuneration and the relevant terms and conditions granted during the transfer;
Amendment 169 #
Proposal for a directive
Article 5 – paragraph 1 – point h
Article 5 – paragraph 1 – point h
(h) be considered not to pose a threat to public policy, public security or, public health or other valid interests of the host Member States, if provided for in national law.
Amendment 173 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Member States shall require, that all conditions in the law, regulations or administrative provisions and/or universally applicable collectivthe remuneration and other terms and conditions of employment which will be agreements applicable to posted workers in a similar situation anted to the third country national during the relevant occupational branches are met with regard to the remuneration granted during the transfertransfer are in line with the provisions of Art. 14 (1).
Amendment 177 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 a (new)
Article 5 – paragraph 2 – subparagraph 1 a (new)
Member States may require that the remuneration granted during the transfer and other terms and conditions of employment are not worse than for comparable employees of the Member States.
Amendment 195 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Member States may reject an application on the grounds of volumes of admission ofThe Directive shall not affect the right of Member States to set limits on the number of intra-corporate transferees in general and or for certain professions, economic sectors or regions. Member States may use such limits to entirely rule out the possibility of admitting third- country nationals as intra-corporate transferees.
Amendment 199 #
Proposal for a directive
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. Member States may in accordance with national law withdraw or refuse to renew an intra-corporate transferee permit, in particular in the following cases;:
Amendment 224 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Under the heading ‘type of permit’, the Member States shall enter ‘intra-corporate transferee’ and the name of the group of undertakings concernedThe residence title must indicate that it is a residence permit for intra-corporate transferees. Member States shall issue to the holder of an intra- corporate transferee permit an additional document containing a list of the entities authorised to host the third-country national and revise it whenever that list is modified..
Amendment 227 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The competent authorities of the Member State concerned shall adopt a decision on the application for admission to a Member State as an intra-corporate transferee or for revision of the additional document provided for in Article 11 (4) and notify the applicant in writing, in accordance with the notification procedures laid down in the national law of the Member State concerned, within 30 days of the complete application being lodged. In exceptional cases involving complex applications including applications concerning host entities in several Member States, the deadline may be extended for a maximum of a further 60 daysas soon as possible and at the latest within 90 days of the complete application being lodged.
Amendment 250 #
Proposal for a directive
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. TIf the third-country nationals who have been granted an intra-corporate transferee permit in a first Member State, who fulfil the criteria for admiss intends to work in a second Member State, an application for a new intra-corporate transferee permit shall be lodged to the authorities of the second Member State and present all the documents proving the fulfilment of the condition as set out in Article 5 and who apply for an intra- corporate transferee permit in another Member State shall be allowed to work in any other entity established in that Member State and belonging to the same group of undertakings and at the sites of clients of that host entity if the . The application may be presented to the competent authorities of the second Member State outside the territories of the European Union or while residing in the territory of the first or, in the case of paragraph 2, the second Member State. If the intra-corporate transferee is already working in the first Member State, the second Member State shall adopt a decision acconrditions set out in Article 13(4) are fulfilled, on the basis of the residence permit issued by the first Member State and the additional document provided for in Article 11(4), provided that:ng to Article 12 (1) as soon as possible and at the latest within 45 days of the complete application being lodged. Member States shall not require intra- corporate transferees to leave their territory in order to submit applications for visas or residence permits.
Amendment 254 #
Proposal for a directive
Article 16 – paragraph 1 – point a
Article 16 – paragraph 1 – point a
Amendment 259 #
Proposal for a directive
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
Amendment 267 #
Proposal for a directive
Article 16 – paragraph 2 – subparagraph 1
Article 16 – paragraph 2 – subparagraph 1
If the duration of the transfer in the other Member State exceeds twelve months-, the other Member State may require a new application for a residence permit as an intra-corporate transferee in that Member Statethird-country national has already been granted an intra-corporate transferee permit the second Member State may decide not to verify certain criteria for admission and/or may allow the intra-corporate transferee to work until a positive decision on the application has been taken by its competent authority.
Amendment 270 #
Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2
Article 16 – paragraph 2 – subparagraph 2
Amendment 272 #
Proposal for a directive
Article 16 – paragraph 2 – subparagraph 3
Article 16 – paragraph 2 – subparagraph 3
Amendment 277 #
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. The maximum duration of the transfer to the European Union shall not exceed three years for managers and specialists and one year for graduate traineessecond Member State issuing or withdrawing a new intra-corporate transferee permit shall inform the first Member State about it, in case the intra- corporate transferee permit issued by the first Member State is still valid.