Activities of Thomas HÄNDEL related to 2010/0209(COD)
Shadow opinions (1)
OPINION 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
Amendments (43)
Amendment 29 #
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 153 (1)(a) and (b),thereof,
Amendment 36 #
Proposal for a directive
Recital 3
Recital 3
Amendment 39 #
Proposal for a directive
Recital 10
Recital 10
(10) For the purpose of this Directive, intra-corporate transferees encompass managers, and specialists and graduate trainees with a higher education qualification. Their definition builds on specific commitments of the Union under the General Agreement on Trade in Services (GATS) and bilateral trade agreements. Those commitments undertaken under the General Agreement on Trade in Services do not cover conditions of entry, stay and work. Therefore, this Directive complements and facilitates the application of those commitments. However, the scope of the intra-corporate transfers covered by this Directive is broader than that implied by trade commitments, as the transfers do not necessarily take place within the services sector and may originate in a third country which is not party to a trade agreement.
Amendment 41 #
Proposal for a directive
Recital 11
Recital 11
(11) Intra-corporate transferees should benefit from the same working conditions as posted workers whose employer is established on the territory of the European Union, as defined by 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. That requirementThis Directive is intended to protect workers and guarantee fair competition between undertakings established in a Member State and those established in a third country, as it ensures that the latter will not be able to benefit from lower labour standards to take any competitive advantage.
Amendment 45 #
Proposal for a directive
Recital 7
Recital 7
Amendment 49 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Member States must ensure that appropriate checks and effective inspections are carried out in order to guarantee proper enforcement of this Directive. To that end, Member States must grant the competent authorities sufficient powers and resources. The results of inspections must be collated in an appropriate report and will serve to improve enforcement of this Directive.
Amendment 54 #
Proposal for a directive
Recital 14
Recital 14
Amendment 59 #
Proposal for a directive
Recital 23
Recital 23
(23) Equal treatment should be granted under national law in respect of those branches of social security defined in Article 3 of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems. Since this Directive is without prejudice to provisions included in bilateral agreements, the social security rights enjoyed by third country national intra-corporate transferees on the basis of a bilateral agreement concluded between the Member State to which the person has been admitted and his or her country of origin could be strengthened compared to the social security rights which would be granted to the transferee under national law. This Directive should not confer more rights than those already provided for in existing Union legislation in the field of social security for third-country nationals who have cross-border interests between Member States.
Amendment 66 #
Proposal for a directive
Recital 15
Recital 15
Amendment 76 #
Proposal for a directive
Article 2 – paragraph 2 – point c b (new)
Article 2 – paragraph 2 – point c b (new)
(cb) third-country nationals carrying out activities as temporary agency workers for an independent temporary agency or for a temporary agency within a company or a group of undertakings.
Amendment 77 #
Proposal for a directive
Article 2 – paragraph 2 – point c c (new)
Article 2 – paragraph 2 – point c c (new)
(cc) third-country nationals with a temporary contract with the undertaking of origin.
Amendment 80 #
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. With the agreement of the social partners, Member States may restrict the scope of this Directive to particular sectors and subsectors of activity.
Amendment 81 #
Proposal for a directive
Recital 24
Recital 24
(24) In order to make the specific set of rules put in place by this Directive more attractive and to allow it to produce all expected benefits for competitiveness of business in the Union, third-country national intra-corporate transferees should be granted favourable conditions for family reunification in the Member State which first grants the residence permit on the basis of this Directive. This right would indeed remove an important obstacle to potential intra-corporate transferees for accepting an assignment. In order to preserve family unity, family members should be able to join the intra-corporate transferee in any other Member State under the conditions determined by the national law of such Member State.
Amendment 82 #
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 from an undertaking established outside the territory of a Member State and to which the third-country national is bound by a work contract, to an entity belonging to the undertaking or to the same group of undertakings which is established inside this territory, under a new work contract with that entity;
Amendment 87 #
Proposal for a directive
Article 1 – point a
Article 1 – point a
(a) the conditions of entry to and residence for more than three monthsand work permission in the territory of the Member States of third-country nationals and of their family members in the framework of an intra-corporate transfer;
Amendment 89 #
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 nationals, referred to in point (a), in Member States other than the Member State which first grants the third- country national a residence permit on the basis of this Directive.
Amendment 90 #
Proposal for a directive
Article 3 – point e
Article 3 – point e
(e) ‘manager’ means any person working in a senior position, who principally directs the management of the host entity, receiving general supervision or direction principally from the board of directors or stockholders of the business or equivalent; this position includes: directing the host entity or a department or sub-division of the host entity, supervising and controlling the work of other supervisory, professional or managerial employees, having the authority personally to hire and dismiss or recommend hiring, dismissing or other personnel actions;
Amendment 92 #
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 and apply to be admitted to the territory of a Member State in the framework of an intra- corporate transfer.
Amendment 96 #
Proposal for a directive
Article 3 – point f
Article 3 – point f
(f) ‘'specialist’ means any person possessing uncommon knowledge essential and specific to the host entity, taking acwho is transferred for highly qualified employment , having higher professional qualifications, knowledge at an advanced level and count not only of knowledge specific to the host entity, but also of whetherinuous expertise, and who possesses specific knowledge essential or relevant to the sperson has a high level of qualification referring to a type of work or trade requiring specific technical knowledgecific activities of the host entity;
Amendment 103 #
Proposal for a directive
Article 3 – point g
Article 3 – point g
Amendment 114 #
Proposal for a directive
Article 3 – point n
Article 3 – point n
(n) ‘universally applicable collective agreement’ means all types of collective agreement which must be observed by all undertakings in the geographical area and in the profession or industry concerned. In the absence of a system for declaring collective agreements of universal application, Member States may base themselves on collective agreements which are generally applicable to all similar undertakings in the geographical area and in the profession or industry concerned, and/or collective agreements which have been concluded by the most representative employers and labour organisations at national level and which are applied throughout national territoryhave been concluded at any possible level, including the level of firms and undertakings, and which apply in the entity of the undertaking to which the specialist or manager has been transferred.
Amendment 124 #
Proposal for a directive
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) provide evidence that he or she has the professional qualifications needed in the Member State to which he or she has been admitted for the position of manager or specialist or, for graduate trainees, the higher education qualifications requiredfor the position of manager or specialist;
Amendment 129 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Amendment 132 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
Amendment 146 #
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) provide evidence of employment 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 at the end of the assignment;
Amendment 152 #
Proposal for a directive
Article 14 – introductory part
Article 14 – introductory part
Whatever the law applicable to the employment relationship, intra-corporate transferees shall be entitled to:covered by the principle of equal treatment with national employees.
Amendment 156 #
Proposal for a directive
Article 14 – point 1 – subparagraph 1
Article 14 – point 1 – subparagraph 1
the terms and conditions of employment applicable to posted workers in a similar situation, as laid down by law, regulation or administrative provision and/or universally applicable collective agreements in the Member State to which they have been admitted pursuant to this Directive.
Amendment 158 #
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, and its accordance with any collective agreements applicable to the host entity;
Amendment 161 #
Proposal for a directive
Article 14 – point 1 – subparagraph 2
Article 14 – point 1 – subparagraph 2
Amendment 164 #
Proposal for a directive
Article 14 – point 2 – introductory part
Article 14 – point 2 – introductory part
Amendment 166 #
Proposal for a directive
Article 14 – point 2 – point a
Article 14 – point 2 – point a
(a) freedom of association and affiliation and membership of an organisation representing workers or employers or of any organisation whose members are engaged in a specific occupation, including the right to take part in actions aimed at the conclusion of collective agreements, including strike action, and also including the benefits conferred by such organisations, without prejudice to the national provisions on public policy and public security;
Amendment 171 #
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 similar situation in the relevant occupational branches are met with regard to the remuneration granted during the transfer.
Amendment 178 #
Proposal for a directive
Article 14 – paragraph 2 – point d a (new)
Article 14 – paragraph 2 – point d a (new)
(da) the right to submit complaints regarding their employer to the competent authorities and/or to bring actions before the competent courts, directly or through third parties such as employee organisations in accordance with the corresponding national statutory provisions, in order effectively to enforce the rights deriving from this Directive. The Member States shall provide effective mechanisms to safeguard this right;
Amendment 178 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
Amendment 179 #
Proposal for a directive
Article 14 – paragraph 2 – point d b (new)
Article 14 – paragraph 2 – point d b (new)
(db) the right to refuse to work where intra-corporate transferees are used to break a strike;
Amendment 181 #
Proposal for a directive
Article 14 – paragraph 2 – point e
Article 14 – paragraph 2 – point e
(e) access to goods and services and the supply of goods and services made available to the public, except public housing and counselling services afforded by employment services.
Amendment 188 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States shall reject an application if the employer or the host entity has been sanctioned in conformity with national law for undeclared work and/or illegal employment or if provisions regarding working conditions and salaries as laid down in collective agreements as applicable by national law are not observed or if the employer or host entity has hired workers to break a strike.
Amendment 192 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 197 #
Proposal for a directive
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
Amendment 210 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 231 #
Proposal for a directive
Article 13 – point 2
Article 13 – point 2
2. free access to the entire territoryies of the Member State issuing the permits of the European Union within the limits provided for by national law;
Amendment 237 #
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,. The competent authorities of the first Member State shall undertake to process the residence permit request for the family members at the same time as the permit request for the intra-corporate transferee. In more complex cases, the procedure shall be completed at the latest within two months from the date on which the application was lodged.
Amendment 242 #
Proposal for a directive
Article 15 – paragraph 5 a (new)
Article 15 – paragraph 5 a (new)
5a. By way of derogation from Article 14(2) of Directive 2003/86/EC, the family members of an intra-corporate transferee who have the right of residence in a Member State shall be entitled to take up employment or self-employment there, for the same duration as the transferee.