Activities of Judith SARGENTINI related to 2010/0209(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer PDF (532 KB) DOC (333 KB)
Amendments (38)
Amendment 30 #
Proposal for a directive
Citation 1
Citation 1
– Having regard to the Treaty on the Functioning of the European Union, and in particular Article 79(2)(a) and (b) and Article 79(5) thereof,
Amendment 31 #
Proposal for a directive
Citation 1 a (new)
Citation 1 a (new)
– Having regard to the Charter of Fundamental Rights of the European Union, and in particular Article 15(3), 27, 28, 31 and 33 thereof,
Amendment 32 #
Proposal for a directive
Citation 3 a (new)
Citation 3 a (new)
– Having regard to Convention 102 on Social Security (Minimum Standards) of the International Labour Organisation,
Amendment 33 #
Proposal for a directive
Citation 3 b (new)
Citation 3 b (new)
– Having regard to Convention 118 on Equality of treatment (Social Security) of the International Labour Organisation,
Amendment 39 #
Proposal for a directive
Recital 3
Recital 3
(3) The Communication from the Commission entitled ‘Europe 2020: A strategy for smart, sustainable and inclusive growth7 sets the objective of the Union becoming an economy based on knowledge and innovation, reducing the administrative burden on companies and better matching labour supply with demand. Measures to make it easierimprove procedures and set a common framework for equal rights for third-country managers, specialists or graduate trainees to enter the Union in the framework of an intra- corporate transfer shcould be seen in this broader context.
Amendment 41 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Nationals of third countries who are authorised to work in the territories of the Member States are entitled to working conditions equivalent to those of citizens of the Union.
Amendment 46 #
Proposal for a directive
Recital 7
Recital 7
(7) The set of rules established by this Directive ismight also be beneficial to the migrants’ countries of origin as this temporary migration could under well-set conditions fosters transfers of skills, knowledge, technology and know-how.
Amendment 48 #
Proposal for a directive
Recital 8
Recital 8
(8) This Directive should be applied without prejudice to the principle of Union preference as regards access to Member States’ labour market as expressed in the relevant provisions of Acts of Accession. According to that principle, the Member States should, during any period when national measures or those resulting from bilateral agreements are applied, give preference to workers who are nationals of the Member States over workers who are nationals of third-countries as regards access to their labour market. While safeguarding the principle, this may not be used to deviate from the principle of equal pay for equal work, as regards both workers from EU Member States and 3thrid country nationals. This Directive should be applied in full respect of the principle of free movement for workers within the Union, abolishing any discrimination based on nationality as regards employment, remuneration and other conditions of work and employment.
Amendment 49 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8 a) This Directive should set conditions and rights for third country national workers in the framework of an intra- corporate transfer in full respect of the relevant ILO conventions.
Amendment 58 #
Proposal for a directive
Recital 12
Recital 12
(12) In order to ensure that the skills of the intra-corporate transferee are specific to the host entity, Member States may should require the transferee to have been employed within the same group of undertakings for at least 12 months prior to the transfer.
Amendment 73 #
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. The penalties could be imposed on the host entity as well as the necessary labour inspection to ensure compliance. The penalties could be imposed on the host entity. All sanctions should be adequate, proportionate and dissuasive. The worker and his family have the right to stay in the host Member State until the end of such proceedings.
Amendment 84 #
Proposal for a directive
Recital 27
Recital 27
(27) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, and the relevant ILO Conventions, such as Convention 102 on Social Security (Minimum Standards), Convention 118 on Equality of treatment (Social Security), Convention 143 on Migrant Workers and Convention 97 on Migration for Employment of the International Labour Organisation.
Amendment 86 #
Proposal for a directive
Recital 29 a (new)
Recital 29 a (new)
(29a) Whatever the law applicable to the employment relationship, at least the laws, regulations and provisions of the place of work apply.
Amendment 88 #
Proposal for a directive
Article 1 – point a
Article 1 – point a
(a) the conditions of entry to and residence for more thanup to three monthyears in the territory of the Member States of third-country national workers and of their family members in the framework of an intra-corporate transfer;
Amendment 90 #
Proposal for a directive
Article 1 – point b
Article 1 – point b
(b) the conditions of entry to and residence for more than three months of third- country national workers, referred to in point (a), in Member States other than the Member State which first grants the third- country national worker a residence permit on the basis of this Directive.
Amendment 91 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive shall apply to third- country nationals who reside outside the territory of a Member State andorkers who apply to be admitted to the territory of a Member State in the framework of an intra- corporate transfer.
Amendment 101 #
Proposal for a directive
Article 3 – point b
Article 3 – point b
(b) ‘intra-corporate transfer’ means the temporary secondment of a third-country national worker from an undertaking established outside the territory of a Member State and to which the third- country national worker is bound by a work contract with a minimum previous existence of one year before the transfer, to an entity belonging to the undertaking or to the same group of undertakings which is established inside this territory;
Amendment 103 #
Proposal for a directive
Article 3 – point c
Article 3 – point c
(c) ‘intra-corporate transferee’ means any third-country national worker subject to an intra- corporate transfer;
Amendment 141 #
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Without prejudice to Article 10, a third- country national who applies to be admitted under the terms of this Directive and/or his or her employer shall:
Amendment 151 #
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) provide evidence of an employment contract within the same group of undertakings, for at least 12 months immediately preceding the date of the intra-corporate transfer, if required by national legislation, and that he or she will be able to transfer back to an entity belonging to that group of undertakings and established in a third country atand valid after the end of the assignment;
Amendment 161 #
Proposal for a directive
Article 5 – paragraph 1 – point c – point iii
Article 5 – paragraph 1 – point c – point iii
(iii) the remuneration granted during the transfer, including overtime pay, benefits, boni and benefits in kind;
Amendment 166 #
Proposal for a directive
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) present documentation certifying that he or she fulfils the conditions laid down under national legislation for citizens of the Union to exercise the regulated profession which the transferee will work in;, and as set out in the Directive 2005/36/EC on the recognition of professional qualifications
Amendment 176 #
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 collective agreements applicable to posted workers in a similarcollective agreements in a comparable situation in the relevant occupational branches at the place of work are met with regard to the remunerationworking conditions including benefits and pay granted during the transfer.
Amendment 186 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Any modification during the stay that affects the conditions for admission set out in this Article shall be notified to the competent authorities of the Member State concerned and must be in compliance with Article 5 paragraphs 1 to 4 and Article 14.
Amendment 198 #
Proposal for a directive
Article 7 – paragraph 1 – point b a (new)
Article 7 – paragraph 1 – point b a (new)
(ba) wherever the conditions laid down in Article 5 and Article 14 were not met or are no longer met;
Amendment 200 #
Proposal for a directive
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
Amendment 203 #
Proposal for a directive
Article 8 – title
Article 8 – title
Penalties and inspections
Amendment 206 #
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. Member States may include other sanctions such as:(a) exclusion from entitlement to public benefits or aid;(b) exclusion from participation in a public contract for up to five years;(c) temporary or permanent disqualification from the practice of agricultural, industrial or commercial activities;(d) placing under judicial supervision;(e) a judicial winding-up order. In respect of infringement of the employer relating to remuneration, taxes and social security contributions Member States shall ensure that the employer pays:(a) any outstanding remuneration to the third-country national coming in the framework of the intra-corporate transfer;(b) any outstanding taxes and social security contributions, including relevant administrative fines. Member States shall provide for effective mechanisms through which third-country nationals can lodge complaints against their employers, directly or through designated third parties.
Amendment 207 #
Proposal for a directive
Article 9 – title
Article 9 – title
Amendment 208 #
Proposal for a directive
Article 9
Article 9
Member States shall take the necessary measures to make available information on entry and residence, including rights, and all documentary evidence needed for an application, as well as rights regarding working conditions, social security and enforcement and complaint mechanisms to all applicants and admitted transferees and workers in the host country.
Amendment 214 #
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The application shall be lodged to the authorities of the Member State whereof the first place of employment of the intra- corporate transfer mainly takes placee; conditions set out in Article 5 and 14 have to be controlled by each admitting Member State.
Amendment 225 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Under the heading ‘type of permit’, the first host Member States shall enter ‘intra- corporate transferee’ and the name of the group of undertakings concerned. The first host 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 modifiedfter control by each admitting Member State according to the conditions set out in Articles 5 and 14 and revise it whenever that list is modified in agreement with the relevant Member States.
Amendment 239 #
Proposal for a directive
Article 15 – paragraph 4
Article 15 – paragraph 4
4. By way of derogation from the first subparagraph of Article 5(4) of Directive 2003/86/EC, residence permits for family members shall be granted by the first Member State, if the conditions for family reunification are fulfilled, at the latest within two months from the date on which the application was lodged. . The competent authorities of the first Member State shall undertake to process the permit request for the transferee’s family members at the same time as the residence permit request of the intra- corporate transferee.
Amendment 244 #
Proposal for a directive
Article 15 – paragraph 5 a (new)
Article 15 – paragraph 5 a (new)
Amendment 252 #
Proposal for a directive
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. Third-country nationals who have been granted an intra-corporate transferee permit in a first Member State, who fulfil the criteria for admission 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 conditions set out in Article 13(4) are fulfilled and permission criteria according to Articles 5 and 14 are checked by all permitting Member States, 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:
Amendment 261 #
Proposal for a directive
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
(b) the applicant has submitted to the competent authority of the other Member State, before his or her transfer to that Member State, the documents referred to in Article 5(1) (2) and (3) relating to the transfer to that Member State and the conditions have been checked to be compatible with the conditions in the other Member State and has provided evidence of such submission to the first Member State.
Amendment 263 #
Proposal for a directive
Article 16 – paragraph 1 – point b a (new)
Article 16 – paragraph 1 – point b a (new)
(ba) the principle of equal treatment at the place of work is not violated
Amendment 278 #
Proposal for a directive
Article 16 – paragraph 3 a (new)
Article 16 – paragraph 3 a (new)
3a. The host country principle stating that the conditions at the place of work need to be respected must be safeguarded also in the context of mobility of Intra-corporate transferees between Member States.