40 Amendments of Cornelia ERNST related to 2010/0210(COD)
Amendment 46 #
Proposal for a directive
Recital 9
Recital 9
(9) This Directive should not affect conditions of the provision of services in the framework of Article 56 of the TFEU. In particular, this Directive should not affect the terms and conditions of employment which, pursuant to Directive 96/71/EC of the European Parliament and of the Council of 16 December 19968 concerning the posting of workers in the framework of the provision of services, apply to workers posted by an undertaking established in a Member State to provide a service in the territory of another Member State.
Amendment 62 #
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 153(1)(a) and (b) thereof,
Amendment 64 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) The Convention on the Protection of the Rights Of All Migrant Workers and Members of Their Families, of 18 December 1990, adopted by the General Assembly of the United Nations, is the most broadly based international legal framework for the protection of the rights of migrant workers and their families, and gives States guidance as to the approach to be adopted to ensure migrants’ rights are respected when policies relating to the migration of labour are drawn up and implemented. The Member States and the European Union should ensure that the fundamental rights of migrant workers and their families are guaranteed, and should be urged to ratify this international convention.
Amendment 65 #
Proposal for a directive
Recital 20
Recital 20
(20) Considering the specially vulnerable situation of third-country national seasonal workers and the temporary nature of their assignment, there is a need to define clearly the working conditions applicable to such workers in order to ensure legal certainty by referring such conditions to generally binding instruments providing effective protection of the rights of third- country seasonal workers, such as law or universally applicable collective agreementsfor special efforts by all stakeholders so as to counter all forms of discrimination. Accordingly, account needs to be taken of the principle of equal treatment, in particular as regards pay, i.e. by applying collective agreements and other arrangements on working conditions which have been concluded at all possible levels or for which there is statutory provision.
Amendment 65 #
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 and to improving working conditions for seasonal workers 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 and rules for decent working conditions, while at the same time ensuring the best possible conditions for migrants during their stay and making it easier for the duration of their stay to be extended. In addition, the rules laid down in Directive 2009/52/EC of the European Parliament and of the European CouncilCouncil of 18 June 2009 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 stayshould help, among other things, to reduce the exploitation and wage discrimination which such workers often suffer.
Amendment 68 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Member States should implement the provisions of this Directive without discrimination on the basis of sex, race, colour, ethnic or social origin, physical characteristics, language, religious, philosophical or political beliefs, membership of a national minority, property, birth, disability, age or sexual orientation in accordance, in particular, with Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin1 and Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation2; ______________ 1 OJ L 180, 19.7.2000, p. 22. 2 OJ L 303, 2.12.2000, p. 16.
Amendment 70 #
Proposal for a directive
Recital 21
Recital 21
(21) 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/orTo guarantee the principle of equality of treatment between European Union workers and third-country national seasonal workers, collective agreements of whatever kind which have been concluded by the most representative employers' and labour organisations at national level and which are applied throughout national territoryat any level, including at company level, and are applicable to the employment relationship should apply to third-country national seasonal workers.
Amendment 76 #
Proposal for a directive
Recital 22
Recital 22
(22) Third-country national seasonal workers should be granted equal treatment in respect of those branches of social security listed in Article 3 of Regulation (EC) No 883/2004 on the coordination of social security systems. This Directive should not confer more rights than those already provided in existing EU legislation in the field of social security for third-country nationals who have cross-border interests between Member States. Furthermore, this Directive should not grant rights in relation to situations which lie outside the scope of that EU legislation such as, for example, to family members residing in a third country. This is without prejudice to the non discriminatory application by Member States of national legislation providing for de minimis rules on contributions to pension systems.
Amendment 81 #
Proposal for a directive
Recital 11
Recital 11
(11) It should only be possible to apply for admission as a seasonal worker while the applicant is residing either in or outside the territory of the Member States.
Amendment 82 #
Proposal for a directive
Recital 23
Recital 23
(23) To facilitate enforcement, relevant designated third parties such as trade unions or other associations should be able to lodge complaints and actions in order to ensure effective application of the Directive. This is considered necessary to address situations where seasonal workers are unaware of the existence of enforcement mechanisms or hesitant to use these in their own name, out of fear of possible consequences.
Amendment 83 #
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23a) 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 96 #
Proposal for a directive
Article 3 – point f
Article 3 – point f
(f) ‘universally applicable collective agreement’ means a 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 to be of universal application, Member States may, if they so decide, 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 collectivell kinds of collective agreements which have been concluded at any level, including at company level, and agreements which have been concluded by the most representative employers' and labour organisations at national level and which are applied throughout national territory applicable to the employment relationship of seasonal workers.
Amendment 104 #
Proposal for a directive
Recital 17
Recital 17
(17) Circular migration of third-country national seasonal workers 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 through a facilitated procedure. 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.
Amendment 106 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) Subject also to Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third- country nationals, Member States should provide for effective, proportionate and dissuasive sanctions against employers in the event of breaches of their obligations under this Directive.
Amendment 118 #
Proposal for a directive
Recital 23
Recital 23
(23) To facilitate enforcement, relevant designated third parties such as trade unions or other associations should be able to lodge complaints and file lawsuits in order to ensure effective application of the Directive. This is considered necessary to address situations where seasonal workers are unaware of the existence of enforcement mechanisms or hesitant to use these in their own name, out of fear of possible consequences.
Amendment 120 #
Proposal for a directive
Recital 25
Recital 25
(25) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union as well as the principles laid down in conventions of the International Labour Organisation, in particular Convention 118 of 28 June 1962 on Equality of Treatment, Convention 97 of 1 July 1949 on Migration for Employment and Convention 143 of 24 June 1975 on Migrant Workers.
Amendment 129 #
Proposal for a directive
Article 16 – introductory part
Article 16 – introductory part
Amendment 133 #
Proposal for a directive
Article 16 – point 1 – subparagraph 1
Article 16 – point 1 – subparagraph 1
1. working conditions, including pay and dismissal, working hours and holidays, as well as health and safety requirements at the workplace, applicable to seasonal work as laid down by, taking into account not only the relevant laws, regulations or administrative provision and/or universally applicable collective agreements in the Member State to which they have been admitted according to this Directives, but also the collective agreements concluded at any level of the Member State concerned which are applicable to the employment relationship.
Amendment 137 #
Proposal for a directive
Article 16 – point 1 – subparagraph 2
Article 16 – point 1 – subparagraph 2
Amendment 142 #
Proposal for a directive
Article 16 – point 2 – introductory part
Article 16 – point 2 – introductory part
Amendment 146 #
Proposal for a directive
Article 16 – point 2 – point a
Article 16 – point 2 – point a
(a) freedom of association and affiliation and membership of an organisation representing workers 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 148 #
Proposal for a directive
Article 16 – point 2 – point a a (new)
Article 16 – point 2 – point a a (new)
(aa) the right to refuse to work where seasonal workers are used to break a strike;
Amendment 158 #
Proposal for a directive
Article 16 – point 2 – point d
Article 16 – point 2 – point d
(d) 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 161 #
Proposal for a directive
Article 16 – point 2 – point d a (new)
Article 16 – point 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 181 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Member States may reject an application if the employer has been sanctioned in conformity with national law for undeclared work and/or illegal employment.:
Amendment 185 #
Proposal for a directive
Article 6 – paragraph 3 – point a (new)
Article 6 – paragraph 3 – point a (new)
(a) been sanctioned in conformity with national law for undeclared work and/or illegal employment,
Amendment 187 #
Proposal for a directive
Article 6 – paragraph 3 – point b (new)
Article 6 – paragraph 3 – point b (new)
(b) failed to meet the working conditions and remunerations as laid down in applicable collective agreements,
Amendment 189 #
Proposal for a directive
Article 6 – paragraph 3 – point c (new)
Article 6 – paragraph 3 – point c (new)
(c) used third-country national seasonal workers to break a strike,
Amendment 190 #
Proposal for a directive
Article 6 – paragraph 3 – point d (new)
Article 6 – paragraph 3 – point d (new)
(d) the employer has failed to meet his obligations concerning taxation and social security,
Amendment 199 #
Proposal for a directive
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. Member States may withdraw or refuse to renew the permit issued on the basis of this Directive in any of the following cases:
Amendment 202 #
Proposal for a directive
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) wherever the conditions laid down in Article 5 were not met or are no longer met; or
Amendment 205 #
Proposal for a directive
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) for reasons of public policy, public security or public health., in particular if:
Amendment 206 #
Proposal for a directive
Article 7 – paragraph 2 – point b – point i (new)
Article 7 – paragraph 2 – point b – point i (new)
i) the employer has been sanctioned in conformity with national law for undeclared work and/or illegal employment,
Amendment 207 #
Proposal for a directive
Article 7 – paragraph 2 – point b – point ii (new)
Article 7 – paragraph 2 – point b – point ii (new)
ii) the employer has been sanctioned under Article 12(2),
Amendment 208 #
Proposal for a directive
Article 7 – paragraph 2 – point b – point iii (new)
Article 7 – paragraph 2 – point b – point iii (new)
iii) the employer has failed to meet the working conditions and remunerations as laid down in applicable collective agreements and national law,
Amendment 209 #
Proposal for a directive
Article 7 – paragraph 2 – point b – point iv (new)
Article 7 – paragraph 2 – point b – point iv (new)
iv) the employer has used third-country national seasonal workers to break a strike.
Amendment 237 #
Proposal for a directive
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. Member States shall either:provide a facilitated procedure for third-country nationals who were admitted to that Member State as seasonal workers and who apply to be admitted as such in a subsequent year.
Amendment 238 #
Proposal for a directive
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
Amendment 248 #
Proposal for a directive
Article 12 – paragraph 2 – point a
Article 12 – paragraph 2 – point a
(a) a third-country national who has not, in a severe manner, failed to compliedy with the obligations arising from the admission decision during a previous stay as a seasonal worker, and in particular with the obligation to return to a third country on the expiry of the permit, shall be excluded from admission as seasonal worker for one or more subsequent years;
Amendment 269 #
Proposal for a directive
Article 15 – point a
Article 15 – point a
(a) the right to enter and stay in the territoryies of the Member State issuing the permitof the European Union;