9 Amendments of Mara BIZZOTTO related to 2010/0210(COD)
Amendment 53 #
Proposal for a directive
Recital 12
Recital 12
(12) The Directive should set out employers’ rights and obligations in respect of third-country national seasonal workers, requiring employers to comply with both EU legislation and that of the Member States in the field of health and safety at the workplace, without any derogations; furthermore, the Directive should not affect, where granted, the rights of third-country nationals already legally staying in a Member State to work.
Amendment 55 #
Proposal for a directive
Recital 13
Recital 13
(13) The Directive should provide for a flexiblemust establish a transparent and rigorous entry system based on market demand and objective criteria, such as the existence of a valid work contract or a binding job offer that specifies the level of remuneration applicable to seasonal workers in the sector concerned, which must be high enough to ensure that their temporary stay is lawful and consistent with social security requirements.
Amendment 58 #
Proposal for a directive
Recital 14
Recital 14
(14) Member States should have the possibility to apply a test demonstrating e that a posts cannot be filled from within the domestic labour mair labour market except by third-country national seasonal worketrs.
Amendment 67 #
Proposal for a directive
Recital 20
Recital 20
(20) Considering the specially vulnerablefic 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 certaintyrights and obligations of such workers by referring such conditions to generally binding instruments providing effective protection of the rights of both third- country seasonal workers, such as law or universally applicable collective agreement and employers.
Amendment 72 #
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/or collective agreements which hava flexible decentralised bargaining system which clearly establishes the rights and obligations of both seasonal workers and employers, so as to make it easier to reconcile the bneen concluded by the most representative employers' and labour organisations at national level and which are applied throughout national territoryds of both parties arising, inter alia, from the specific differences among the various professions or industries concerned.
Amendment 78 #
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 883/04 on the coordination of social security systems, while also having to comply with both EU legislation and that of the Member States in the field of health and safety at the workplace, without any derogations. This Directive should not confer more rights than those already provided for 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 101 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 104 #
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
a) a valid work contract or, as provided for in national law, a binding job offer to work as a seasonal worker in the Member State concerned with an employer established in the Member State that specifies the rate of pay and, the working hours per week or month and, when applicable, other relevant working c relevant working conditions demonstrating that the seasonal worker can support himself or herself by lawful means and stay in the host Member State without being a burden ond itionss welfare system;
Amendment 105 #
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
b) a valid travel document, as determined by national law. Member States may require tThe period of the validity of the travel document toshall cover at least the duration of the residence permit;