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From · opinion parliamentary committee draft · 2022-10-18 EMPL-PA-736589 on the proposal for a directive of the European Parliament and of the Council on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State (recast)

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To · opinion parliamentary committee · 2023-01-25 EMPL-AD-736589 on the proposal for a directive of the European Parliament and of the Council on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State (recast)

+305 added · −188 removed · 46 modified paragraphs hide unchanged text

Proposal for a directive

Recital 4

Text proposed by the Commission

Amendment

(4) A set of rules governing the procedure for examination of the application for a single permit should be laid down. That procedure should be effective and manageable, taking account of the normal workload of the Member States’ administrations, as well as transparent and fair, in order to offer appropriate legal certainty to those concerned.

(4) A set of rules governing the procedure for examination of the application for a single permit should be laid down. That procedure should be effective and manageable, taking account of the normal workload of the Member States’ administrations, as well as transparent, non-discriminatory, gender-balanced, inclusive and fair, in order to offer appropriate legal certainty to those concerned.

Amendment 2

Proposal for a directive

Recital 4 a (new)

Text proposed by the Commission

Amendment

(4a) The European Pillar of Social Rights (the ‘Pillar’), proclaimed at Gothenburg on 17 November 2017, establishes a set of principles to serve as a guide towards ensuring equal opportunities and access to the labour market, fair working conditions, and social protection and inclusion, which should also be guiding for the treatment of third-country workers residing in the Union.

Amendment 3

Proposal for a directive

Recital 5

(5) The provisions of this Directive should be without prejudice to the competence of the Member States to regulate the admission, including the volumes of admission, of third-country nationals for the purpose of ~~habitually working~~work in their labour markets. It is necessary to establish where the work is carried out habitually in order to ensure that third-country nationals benefit from working conditions and social security rights they are entitled to. This should also be the case when work is carried out in more than one place, such as in construction, or when work is mobile, such as in transport.

~~Or. en~~

Amendment 4

~~Justification~~

Included in order to bring the Single Permit Directive in line with Directives 96/71/EC, 2018/957/EU, 2020/1057/EU and 2014/67/EU, to prevent bogus posting via letterbox firms, as well as to clarify the situation on cross-border work.

~~Amendment 2~~

Proposal for a directive

(6) This Directive should cover employment relationships between third-country workers and employers. Where a Member State’s national law allows admission of third-country nationals through temporary work agencies established on its territory and which have an employment relationship with the worker, such agencies should not be excluded from the scope of this Directive.

(6) This Directive should cover employment contracts or relationships between third-country workers and employers. Where a Member State’s national law allows admission of ~~third-country~~third- country nationals through temporary work agencies established on its territory and which have an employment contract or relationship with the worker, such agencies should ~~not~~also be ~~excluded~~included ~~from~~in the scope of this Directive.

~~Or. en~~

Amendment 5

~~Amendment 3~~

Proposal for a directive

(7) Posted third-country nationals subject to Directive 96/71/EC of the European Parliament and of the Council39 should not be covered by this Directive. This should not prevent third-country nationals who are legally residing and working in a Member State and posted to another Member State from continuing to enjoy equal treatment with respect to nationals of the Member State of origin for the duration of their posting, in respect of those terms and conditions of employment which are not affected by the application of Directive 96/71/EC .

(7) Genuinely posted third-country nationals subject to ~~Directive~~Directives ~~96/71/EC~~96/71/EC39, 2014/67/EU39a, 2018/957/EU39b and 2020/1057/EU39c of the European Parliament and of the ~~Council39~~Council should not be covered by this Directive. This should not prevent third-country nationals who are legally residing and working in a Member State and posted to another Member State from continuing to enjoy equal treatment with respect to nationals of the Member State of origin for the duration of their posting, in respect of those terms and conditions of employment which are not affected by the application of ~~Directive~~Directives ~~96/71/EC~~96/71/EC, .2014/67/EU, 2018/957/EU and 2020/1057/EU. To prevent artificial cross-border arrangements, Member States should provide for adequate measures to protect third-country workers from abuse through fraudulent postings to other Member States. In the single application procedure and in the monitoring of employers, due regard should be given to the provisions of Regulation (EC) No 593/2008 of the European Parliament and of the Council (‘Rome I’)39d to verify that the Member State concerned is in fact the habitual place of work.

__________________

39 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 (OJ L 18, 21.1.1997, p. 1).

~~Or. en~~

39a Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System ( ‘the IMI Regulation’ ) (OJ L 159, 28.5.2014, p. 11).

~~Justification~~

39b Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (OJ L 173, 9.7.2018, p. 16).

39c Directive (EU) 2020/1057 of the European Parliament and of the Council of 15 July 2020 laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in the road transport sector and amending Directive 2006/22/EC as regards enforcement requirements and Regulation (EU) No 1024/2012 (OJ L 249, 31.7.2020, p. 49).

~~Amendment 4~~

39d Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (OJ L 177, 4.7.2008, p. 6).

Amendment 6

Proposal for a directive

Recital 10

Text proposed by the Commission

Amendment

(10) Third-country nationals who have been admitted to the territory of a Member State to work on a seasonal basis and have applied for admission or have been admitted to the territory of a Member State in accordance with Directive 2014/36/EU of the European Parliament and of the Council41 should not be covered by this Directive given that they fall within the scope of Directive 2014/36/EU, which establishes a specific regime .

deleted

__________________

41 Directive 2014/36/EU of the European Parliament and of the Council of 26 February 2014 on the conditions of entry and stay of third-country nationals for the purpose of employment as seasonal workers (OJ L 94, 28.3.2014, p. 375).

Amendment 7

Proposal for a directive

Recital 12

(12) The provisions of this Directive on the single application procedure and on the single permit should not concern uniform or long-stay visas , with the exception of the obligation for Member States to issue the requisite visa within the deadline of 90 days set out to adopt a decision on the Single Permit .

~~Or. en~~

Amendment 8

~~Justification~~

~~Inspired by Directive (EU) 2016/801, which demonstrates this can be processed within 90 days.~~

~~Amendment 5~~

Proposal for a directive

Recital 13

Text proposed by the Commission

Amendment

(13) The deadline for adopting a decision on the application should include both the time required for issuing a visa where needed, and the time required to comply with the checks of the labour market situations.

(13) The deadline for adopting a decision on the application should include both the time required for issuing a visa, where needed, and the time required to comply with the checks of the criteria and conditions for issuing the permit as required by national law, including labour market situation checks where they exist.

Amendment 9

Proposal for a directive

Recital 15

Text proposed by the Commission

Amendment

(15) The designation of the competent authority under this Directive should be without prejudice to the role and responsibilities of other authorities and, where applicable, the social partners, with regard to the examination of, and the decision on, the application.

(15) The designation of the competent authorities under this Directive should be without prejudice to the role and responsibilities of other authorities and, where applicable, the social partners, with regard to the examination of, and the decision on, the application, in addition to monitoring, implementation and enforcement of labour standards and social security regulations, facilitation of complaints and legal redress. Information on working conditions should be provided to competent authorities, such as labour inspectorates, public employment services or social security institutions, in order to effectively guarantee the rights of third-country workers.

Amendment 10

Proposal for a directive

Recital 16

Text proposed by the Commission

Amendment

(16) The deadline for adopting a decision on the application should, however , not include the time required for the recognition of professional qualifications . This Directive should be without prejudice to national procedures on the recognition of diplomas.

(16) The deadline for adopting a decision on the application should, however, not include the time required for the recognition of professional and occupational qualifications. This Directive should be without prejudice to national procedures on the recognition of diplomas.

Amendment 11

Proposal for a directive

Recital 17

42 Council Regulation (EC) No 1030/2002, of 13 June 2002 laying down a uniform format for residence permits for third-country nationals (OJ L 157, 15.6.2002, p. 1).

~~Or. en~~

Amendment 12

~~Amendment 6~~

Proposal for a directive

Recital 19

Text proposed by the Commission

Amendment

(19) The provisions of this Directive on the single permit and on the residence permit issued for purposes other than work should not prevent Member States from issuing an additional paper document in order to be able to give more precise information on the employment relationship for which the format of the residence permit leaves insufficient space. Such a document can serve to prevent the exploitation of third-country nationals and combat illegal employment but should be optional for Member States and should not serve as a substitute for a work permit thereby compromising the concept of the single permit. Technical possibilities offered by Article 4 of Regulation (EC) No 1030/2002 and point (a)20 of the Annex thereto can also be used to store such information in an electronic format.

(19) Member States should, in addition to the single permit and the residence permit issued for purposes other than work, issue a document giving more precise information on the employment contract or relationship for which the format of the residence permit leaves insufficient space. Such a document should serve to prevent the exploitation of third-country nationals, including gender-related dimensions of exploitation, and combat illegal employment, but should not serve as a substitute for a work permit thereby compromising the concept of the single permit. Changes to the conditions of employment contained in that document should not necessarily constitute a change of employer for the purposes of the single permit. Information on working conditions should be provided to competent authorities, such as labour inspectorates, public employment services or social security institutions in order to effectively guarantee the rights of third-country workers. Technical possibilities offered by Article 4 of Regulation (EC) No 1030/2002 and point (a)20 of the Annex thereto can also be used to store such information in an electronic format.

Amendment 13

Proposal for a directive

Recital 22

(22) In the absence of horizontal Union legislation, the rights of third-country nationals vary, depending on the Member State in which they work and on their nationality. With a view to developing further a coherent immigration policy and narrowing the rights gap between citizens of the Union and third-country nationals legally working in a Member State and complementing the existing immigration acquis, a set of rights should be laid down in order, in particular, to specify the fields in which equal treatment between a Member State’s own nationals and such third-country nationals who are not yet long-term residents is provided. Such provisions are intended to establish a minimum level playing field within the Union, to recognise that such third-country nationals contribute to the Union economy through their work and tax payments and to serve as a safeguard to reduce unfair competition between a Member State’s own nationals and third-country nationals resulting from the possible exploitation of the latter. A third–country worker in this Directive should be defined, without prejudice to the interpretation of the concept of employment relationship in other provisions of Union law, as a third-country national who has been admitted to the territory of a Member State, who is legally residing and who is allowed, in the context of a paid relationship, to work there in accordance with national law or practice.

(22) In the absence of horizontal Union legislation, the rights of third-country nationals vary, depending on the Member State in which they work and on their nationality. With a view to developing further a coherent immigration policy and narrowing the rights gap between citizens of the Union and third-country nationals legally working in a Member State and complementing the existing immigration acquis, a set of rights should be laid down in order, in particular, to specify the fields in which equal treatment between a Member State’s own nationals and such third-country nationals who are not yet long-term residents is provided. Such provisions are intended to establish a minimum level playing field within the Union, to recognise that such third-country nationals contribute to the Union economy through their work and tax payments and to serve as a safeguard to reduce unfair competition between a Member State’s own nationals and third-country nationals resulting from the possible exploitation of the latter. In this regard, more attention should be paid to the gender-related dimensions and the feminisation of labour migration. A third–country worker in this Directive should be defined, without prejudice to the interpretation of the concept of employment relationship in other provisions of Union law, as a third-country national who has been admitted to the territory of a Member State, who is legally residing and who is allowed, in the context of an employment contract or employment relationship, to work there in accordance with national law, collective agreements or practice, with consideration to the case-law of the Court of Justice.

~~Or. en~~

Amendment 14

~~Justification~~

Aligning with European Union law in place, to ensure equal treatment of third-country workers with national workers. In particular with Directive (EU) 2019/1152 (TPWC) and with the Directive on Adequate Minimum Wages in the European Union.

~~Amendment 7~~

Proposal for a directive

(25) Working conditions as referred to in this Directive should cover at least pay and dismissal, health and safety at the workplace, working time and leave taking into account collective agreements in force.

(25) Decent working conditions as referred to in this Directive should cover at least the terms of employment, ~~remuneration~~remuneration, including minimum wages, and dismissal, health and safety at the workplace, working time and leave, taking into account collective agreements in force, as well as the right to organise and the right to strike.

~~Or. en~~

Amendment 15

~~Justification~~

~~Amendment 8~~

Proposal for a directive

Recital 26

Text proposed by the Commission

Amendment

(26) A Member State should recognise professional qualifications acquired by a third-country national in another Member State in the same way as those of citizens of the Union and should take into account qualifications acquired in a third country in accordance with Directive 2005/36/EC of the European Parliament and of the Council47 . The right to equal treatment accorded to third-country workers as regards recognition of diplomas, certificates and other professional qualifications in accordance with the relevant national procedures should be without prejudice to the competence of Member States to admit such third-country workers to their labour market.

(26) A Member State should recognise professional and occupational qualifications acquired by a third-country national in another Member State in the same way as those of citizens of the Union and should take into account qualifications acquired in a third country in accordance with Directive 2005/36/EC of the European Parliament and of the Council47. The right to equal treatment accorded to third-country workers as regards recognition of diplomas, certificates and other professional qualifications in accordance with the relevant national procedures should be without prejudice to the competence of Member States to admit such third-country workers to their labour market.

__________________

47 Directive 2005/36/EC on the recognition of professional qualifications (OJ L 255, 30.9.2005, p. 22).

Amendment 16

Proposal for a directive

Recital 27

(27) Third-country workers should enjoy equal treatment as regards social security. Branches of social security are defined in Regulation (EC) No 883/2004 of the European Parliament and of the Council48 . The provisions on equal treatment concerning social security in this Directive should also apply to workers admitted to a Member State directly from a third country. Nevertheless, this Directive should not confer on third-country workers more rights than those already provided in existing Union law in the field of social security for third-country nationals who are in cross-border situations.

(27) Third-country workers should enjoy equal treatment as regards social security, including the portability of rights. Branches of social security are defined in Regulation (EC) No 883/2004 of the European Parliament and of the ~~Council48 .~~Council48. The provisions on equal treatment concerning social security in this Directive should also apply to workers admitted to a Member State directly from a third country. Third-country nationals who are in cross-border situations should also enjoy equal treatment as regards the rights provided for in Union law in the field of social security.

__________________

48 Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ L 166, 30.4.2004, p. 1).

~~Or. en~~

Amendment 17

~~Justification~~

~~Stressing the importance of equal treatment under regulation (EC) No 883/2004, and to bring it in lign with the latest ECJ rulings on the matter.~~

~~Amendment 9~~

Proposal for a directive

Recital 29

Text proposed by the Commission

Amendment

(29) Union law does not limit the power of the Member States to organise their social security schemes. It is for each Member State to lay down the conditions under which social security benefits are granted, as well as the amount of such benefits and the period for which they are granted. However, when exercising that power, Member States should comply with Union law.

(29) Union law does not, and should not, limit the power of the Member States to organise their social security schemes. It is for each Member State to lay down the conditions under which social security benefits are granted, as well as the amount of such benefits and the period for which they are granted. However, when exercising that power, Member States should comply with Union law.

Amendment 18

Proposal for a directive

Recital 31

Text proposed by the Commission

Amendment

(31) To reinforce the equal treatment of third-country workers, Member States should provide for effective, proportionate and dissuasive penalties against employers in the event of infringements of national provisions adopted pursuant to this Directive, in particular with regard to working conditions, access to social security benefits, labour rights, including freedom of association and affiliation, , the right to negotiate and conclude collective agreements, the right to take industrial action and the right to strike, the principle of equal pay for work of equal value, protection against forced and child labour, and protection against discrimination.

Amendment 19

Proposal for a directive

Recital 32

(32) To ensure the proper enforcement of this Directive, Member States should ensure that appropriate mechanisms are in place for the monitoring of employers and that, where appropriate, effective and adequate inspections are carried out on their respective territories. The selection of employers to be inspected should be based primarily on a risk assessment to be carried out by the competent authorities in the Member States taking into account factors such as the sector in which a company operates and any past record of infringement.

(32) To ensure the proper enforcement of this Directive, Member States should ensure, in cooperation with the social partners, in particular trade unions, and in accordance with International Labour Organization (ILO) Convention No 81 on Labour Inspection, that appropriate mechanisms are in place for the monitoring of employers and that ~~effective~~effective, routine and unannounced, and adequate inspections are carried out on their respective ~~territories.~~territories, ~~The~~to detect breaches of labour and social law, in order to ensure decent working conditions. Third-country workers still have a higher probability of experiencing violations of their rights and working conditions than other groups of workers. Therefore, the selection of employers to be inspected should be based primarily on a risk assessment to be carried out by the competent authorities in the Member States taking into account factors such as the sector in which a company operates and any past record of infringement. Third-country nationals are more likely to work in sectors which are known for a higher risk of labour standard violations. In order to be able to improve the proper enforcement of this Directive and to exchange best practices between Member States, it is crucial to monitor the patterns of application, renewal and withdrawal of single permits.

~~Or. en~~

Amendment 20

~~Amendment 10~~

Proposal for a directive

(33) Member States should also put in place effective mechanisms through which third-country workers may seek legal redress and lodge complaints directly or through third parties having, in accordance with the criteria laid down by the national law, a legitimate interest in ensuring compliance with this Directive, such as trade unions or other associations, or competent authorities. That is considered necessary to address situations where third-country workers are unaware of the existence of enforcement mechanisms or hesitant to use them in their own name, for example out of fear of possible consequences.

(33) Member States should also put in place ~~timely~~timely, transparent, gender sensitive and effective mechanisms through which third-country workers may seek legal redress and lodge complaints directly or through third parties having, in accordance with the criteria laid down by the national law, a legitimate interest in ensuring compliance with this Directive, such as trade unions or other associations, the European Labour Authority or competent authorities. When granting the single permit, the access mechanisms for dispute resolution and legal redress and filing complaints should be communicated to the third-country nationals in an accessible way, including by providing that information in relevant languages the third-country nationals can understand. That is considered necessary to address situations where third-country workers are unaware of the existence of enforcement mechanisms or hesitant to use them in their own name, for example out of fear of possible consequences.

~~Or. en~~

Amendment 21

~~Amendment 11~~

Proposal for a directive

Recital 33 a (new)

Text proposed by the Commission

Amendment

(33a) In the implementation of this Directive, Member State authorities should pay particular attention to the role of recruitment agencies. While recruitment agencies might facilitate procedures for applicants, risks associated with third-party intermediation such as contract substitution, disproportionate and excessive fees, debt bondage and other exploitative practices should be addressed, in cooperation with trade unions and relevant civil society organisations, through the provision of information to potential applicants and permit holders, monitoring, penalties and facilitation of complaints and legal redress. In accordance with the ILO principles, Member States can provide that third-country nationals should not bear the costs of recruitment fees and related costs.

Amendment 22

Proposal for a directive

Recital 34

(34) The single permit should authorise the third-country national to change the employer during the period of its validity. Member States should be able to require a notification of the change and to check the labour market situation where a change of employer takes place. The single permit should not be withdrawn during a period of at least three months in the event of the unemployment of its holder.

(34) The single permit should authorise the third-country national to seek employment and conclude an employment contract with a different employer during the period of its validity. Member States should require a notification of the change of employer and of any information related to the employment contract or relationship, prior to the first working day, and should be able to check the labour standards, including a check of the labour market ~~situation~~situation, where it exists, only where a change of employer takes ~~place,~~place ~~based~~to onanother ~~the~~sector ~~first~~of ~~check.~~employment. Member States should ensure that the single permit holder ~~continues~~can continue his or her employment contract or relationship with the ~~same~~current employer ~~during~~when pursuing a change of employer. The purpose of the ~~renewal~~communication ~~process.~~procedure is to monitor and enforce labour standards and social security rights. The single permit should not be withdrawn during a period of at least nine months in the event of the unemployment of its holder. In the case of a third-country national’s incapacity to work due to pregnancy, disability, injury, accident or disease, in particular where the disability, injury, accident or disease is work-related, Member States should asses the individual circumstances and should be able to extend the nine- month period.

~~Or. en~~

Amendment 23

~~Amendment 12~~

Proposal for a directive

1. This Directive lays down:

1. This ~~Directive,~~Directive lays down, in accordance with fundamental rights as general principles of Union law as well as international law, including human rights ~~obligations, lays down:~~obligations:

~~Or. en~~

Amendment 24

~~Justification~~

~~Third-country workers in the EU need to be able to count on equal protection as national workers. Inspiration taken from Directive 2008/115/EC.~~

~~Amendment 13~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point a~~

~~Text proposed by the Commission~~

~~Amendment~~

(a) a single application procedure for issuing a single permit for third-country nationals to reside for the purpose of work in the territory of a Member State, in order to simplify the procedures for their admission and to facilitate the control of their status;

(a) a single application procedure for issuing a single permit for third-country nationals to reside for the purpose of habitually working in the territory of a Member State, in order to simplify the procedures for their admission and to facilitate the control of their status;

~~Or. en~~

~~Justification~~

~~Amendment 14~~

Proposal for a directive

2. This Directive shall not affect the Member States’ powers concerning the volume of admission of third-country nationals coming from third countries to seek employment in their labour markets.

~~Or. en~~

Amendment 25

~~Justification~~

~~Amendment 15~~

Proposal for a directive

(b) ‘third-country worker’ means a third-country national who has been admitted to the territory of a Member State and who is legally residing and is allowed to work in the context of an employment relationship in that Member State in accordance with national law or practice;

(b) ‘third-country worker’ means a third-country national who ~~has been admitted to the territory of a Member State and who~~ is legally residing and is allowed to work in the context of an employment contract or employment relationship in ~~that~~the territory of a Member State, in accordance with national law, collective ~~agreements, or~~agreements,or practice, with consideration to the case-law of the Court of Justice;

~~Or. en~~

Amendment 26

~~Justification~~

~~Aligning with Directive (EU) 2019/1152 (TPWC), with the Directive on Adequate Minimum Wages in the European Union, and ECJ rulings on the matter.~~

~~Amendment 16~~

Proposal for a directive

(a) third-country nationals who apply to reside in a Member State for the purpose of work;

(a) third-country nationals who apply to reside in a Member State for the purpose of ~~habitually working~~work in its labour market;

~~Or. en~~

Amendment 27

~~Justification~~

~~Amendment 17~~

Proposal for a directive

Article 3 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) third-country nationals who have been admitted to a Member State for purposes other than work in accordance with Union or national law, who are allowed to work and who hold a residence permit in accordance with Regulation (EC) No 1030/2002; and

Amendment 28

Proposal for a directive

Article 3 – paragraph 2 – point c

(c) who are covered by Directives 96/71/EC, ~~2018/957/EU1a,~~2014/67/EU, ~~2020/1057/EU1b~~2018/957/EU and ~~2014/67/EU1c~~2020/1057/EU of the European Parliament and of the Council, as long as they are genuinely posted on the territory of the Member State concerned;

~~____________~~

Amendment 29

1a Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (OJ L 173, 9.7.2018, p. 16).

1b Directive (EU) 2020/1057 of the European Parliament and of the Council of 15 July 2020 laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in the road transport sector and amending Directive 2006/22/EC as regards enforcement requirements and Regulation (EU) No 1024/2012 (OJ L 249, 31.7.2020, p. 49).

1c Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System ( ‘the IMI Regulation’ ) (OJ L 159, 28.5.2014, p. 11).

~~Or. en~~

~~Justification~~

~~Included in order to bring the Single Permit Directive in line with Directives 96/71/EC, 2018/957/EU, 2020/1057/EU and 2014/67/EU, to prevent bogus posting via letterbox firms.~~

~~Amendment 18~~

Proposal for a directive

Article 3 – paragraph 2 – point je

Text proposed by the Commission

Amendment

~~(j)~~(e) who have applied for admission or ~~who~~ have been admitted to the territory of a Member State as ~~self-employed~~seasonal ~~workers;~~workers in accordance with Directive 2014/36/EU or au pairs in accordance with Directive (EU) 2016/801 ;

~~(j) who have applied for admission or who have been admitted to the territory of a Member State as genuinely self-employed;~~

deleted

~~Or. en~~

Amendment 30

~~Justification~~

~~Aligning with Directive (EU) 2019/1152 (TPWC) and with the Directive on Adequate Minimum Wages in the European Union.~~

~~Amendment 19~~

Proposal for a directive

Article 3 – paragraph 2 – point f

Text proposed by the Commission

Amendment

(f) who are authorised to reside in a Member State on the basis of temporary protection, or who have applied for authorisation to reside there on that basis and are awaiting a decision on their status;

deleted

Amendment 31

Proposal for a directive

Article 3 – paragraph 2 – point k

deleted

~~Or. en~~

Amendment 32

~~Justification~~

~~Seafarers should not be excluded. This category of workers is not better protected in any other legislation currently.~~

~~Amendment 20~~

Proposal for a directive

3. Member States may decide that Chapter II does not apply to third-country nationals who have been either authorised to work in the territory of a Member State for a period not exceeding six months or who have been admitted to a Member State for the purpose of study.

3. Member States may decide that Chapter II does not apply to third-country nationals who have been admitted to a Member State for the purpose of ~~study.~~study in accordance with Directive (EU) 2016/801.

~~Or. en~~

Amendment 33

~~Justification~~

~~The exclusion of this category of workers is arbitrary. These workers should also enjoy the protection under this Directive.~~

~~Amendment 21~~

Proposal for a directive

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

1. An application to issue, amend or renew a single permit shall be submitted by way of a single application procedure. Member States shall determine whether applications for a single permit are to be submitted by the third-country national or by the third-country national’s employer. Member States may also decide to allow an application from either of the two. If the application is to be submitted by the third-country national, Member States shall allow the application to be introduced both from a third country and in the territory of the Member State in which the third-country national is legally present.

1. An application to issue, amend or renew a single permit shall be submitted by way of a single application procedure. Member States shall allow applications for a single permit to be submitted by either the third-country national or by the third-country national’s employer. Where the third-country national submits the application, Member States shall allow the application to be introduced both from a third country and in the territory of the Member State in which the third-country national is legally present. Where the employer submits the application, Member States’ authorities shall ensure that the third-country national on whose behalf the application has been submitted is kept regularly informed of the status of the application during the process, and of the outcome of the application.

Amendment 34

Proposal for a directive

Article 4 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4a. Applicants shall be granted the choice between remote and in-person service provision, and have the opportunity to submit relevant documents for the procedure in electronic or paper form.

Amendment 35

Proposal for a directive

Article 5 – paragraph 2 – subparagraph 1

The competent authority shall adopt a decision on the complete application as soon as possible and in any event within four months of the date on which the application was lodged.

The competent authority shall adopt and notify a decision on the complete application to the applicant as soon as possible and in any event within 90 days of the date on which the application was lodged.

~~Or. en~~

Amendment 36

~~Justification~~

~~Inspired by Directive (EU) 2016/801, which demonstrates this can be processed within 90 days.~~

~~Amendment 22~~

Proposal for a directive

Article 5 – paragraph 2 – subparagraph 2

Text proposed by the Commission

Amendment

The time limit referred to in the first subparagraph shall cover checking the labour market situation and issuing the requisite visa referred to in Article 4(3). The time limit may be extended in exceptional circumstances, linked to the complexity of the examination of the application.

The time limit referred to in the first subparagraph shall cover checking the criteria and conditions for issuing the permit as required by national law and issuing the requisite visa referred to in Article 4(3). The time limit may be extended in exceptional circumstances, linked to the complexity of the examination of the application. In case of an extension of the time limit, the Member State shall notify the applicant before the deadline and provide reasons in writing of the exceptional circumstances that led to the extension as well as an estimation of the time by which the applicant may expect a final response.

Amendment 37

Proposal for a directive

Article 5 – paragraph 2 – subparagraph 3

Text proposed by the Commission

Amendment

Where no decision is taken within the time limit provided for in this paragraph, any consequences shall be determined by national law.

Where no decision is taken within the time limit provided for in this paragraph, any fee required by the Member States in accordance with Article 10 shall be reimbursed to the applicant. Further consequences shall be determined by national law and shall contribute to the effective implementation of the time limits. Member States shall ensure sufficient human, material and IT resources to meet these time limits.

Amendment 38

Proposal for a directive

Article 6 – paragraph 1 – subparagraph 2

Member States may indicate additional information related to the employment relationship of the third-country national (such as the name and address of the employer, place of work, type of work, working hours, remuneration) in paper format, or store such data in electronic format as referred to in Article 4 of Regulation (EC) No 1030/2002 and in point (a)20 of the Annex thereto.

Member States shall indicate information related to working conditions in the employment contract or relationship of the third-country national, prior to the first working day, at least the name and address of the employer, habitual place of work, type of work, working hours, remuneration, in paper format, ~~and~~or store such data in electronic format as referred to in Article 4 of Regulation (EC) No 1030/2002 and in ~~point (a)20~~point(a)20 of the Annex thereto. Member States shall grant the third-country national access to this information and ~~he or she shall be informed about~~to any changes ~~to this information.~~thereto.

~~Or. en~~

Amendment 39

~~Justification~~

This is essential to better protect third country workers and to enable effective enforcement by the labour inspectorates. Furthermore, aligning with Directive (EU) 2019/1152 (TPWC) and with the Directive on Adequate Minimum Wages in the European Union.

~~Amendment 23~~

Proposal for a directive

Article 7 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

Member States shall indicate information related to the employment contract or relationship of the third-country national, at least the name and address of the employer, habitual place of work, type of work, working hours, remuneration, in paper format or store such data in electronic format as referred to in Article 4 of Regulation (EC) No 1030/2002 and point (a)20 of the Annex thereto. Member States shall grant the third-country national access to this information and to any changes thereto.

Amendment 40

Proposal for a directive

Article 9 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

Member States shall make easily accessible, and provide upon request:

Member States shall make easily accessible, and provide free of charge, in a relevant language the third-country national can understand, upon request:

Amendment 41

Proposal for a directive

Article 9 – paragraph 1 – point b

(b) information on entry and residence conditions, including the rights, obligations and procedural safeguards of the third-country nationals and of their family members.

(b) information on entry and residence conditions, including the rights, obligations and procedural safeguards of the third-country nationals and of their family members, as well as on the applicable ~~fees.~~fees under Article 10..

~~Or. en~~

Amendment 42

~~Amendment 24~~

Proposal for a directive

Article 9 – paragraph 1 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

~~Member States shall, in cooperation with the social partners, ensure that the third-country national is provided with the following information, in a language he or she can understand:~~

For the purpose of ensuring that third-country nationals have access to the information referred to in points (a) and (b), Member States may also provide such information upon request to social partners and civil society organisations.

~~(a) the rights under this Directive and under relevant Union and national labour law and practice;~~

Amendment 43

(b) the contact details of organisations representing workers, in particular trade unions, national labour inspectorates, the European Labour Authority, and of other judicial assistance available under national law;

~~(c) information regarding any checks of the labour market situation and change of employer pursuant to paragraphs 2, 3 and 4 of Article 11.~~

~~Or. en~~

~~Justification~~

~~The provision of this kind of information is essential to enable redress and effective enforcement. Inspired by Directive 2019/1152 and the Directive on Adequate Minimum Wages in the European Union..~~

~~Amendment 25~~

Proposal for a directive

Fees and costs

~~Or. en~~

Amendment 44

~~Amendment 26~~

Proposal for a directive

Member States may require applicants to pay fees, where appropriate, for processing applications in accordance with this Directive. The level of such fees shall be proportionate and shall be based on the services actually provided for the processing of applications and the issuance of permits.

Member States may require applicants to pay fees, where appropriate, for processing applications to issue, amend and renew a single permit in accordance with this Directive. The level of such fees shall be ~~proportionate~~proportionate, affordable and shall be based on the services actually provided for the processing of ~~applications~~applications. ~~and~~Where such fees are paid by the ~~issuance~~third-country ofnational, ~~permits.~~Member ~~Where~~States ~~such~~may ~~fees~~provide that he or ~~any~~she ~~other~~is entitled to reimbursement from the employer. Where costs related to the application procedure, such as recruitment, travel or translation costs, are paid by the third-country national, Member States ~~shall~~may ~~ensure~~provide that he or she is entitled to reimbursement from the ~~employer, in accordance with national law.~~employer. When such fees or costs are paid by the employers, they shall not be recoverable from the third-country national.

~~Or. en~~

Amendment 45

~~Justification~~

Not all expenses that initially might happen to be paid by a third-country worker can be included under fees. These fees costs should come at the expense of employers. Inspired by the Seasonal Workers Directive.

~~Amendment 27~~

Proposal for a directive

1. Where a single permit has been issued , it shall authorise, during its period of validity, its holder at least to:

1. ~~Members~~Member States shall ensure that, where a single permit has been issued, it shall authorise, during its period of ~~validity,~~validity and, in cases where an application to amend or renew the single permit has been submitted, until the completion of such procedures, its holder at least to:

~~Or. en~~

Amendment 46

~~Amendment 28~~

Proposal for a directive

(d) be informed about the holder’s own rights linked to the permit conferred by this Directive and/or by national law.

~~(d) be informed about the holder’s own rights linked to the permit conferred by this Directive by Union and national law.~~

(d) be informed about the holder’s own rights linked to the permit conferred by this Directive, Union law, national law and practice, in particular social and labour rights and collective agreements, about procedures for filing complaints, access mechanisms for dispute resolution and legal redress, as well as about the contact details of organisations representing workers, in particular trade unions, of national labour inspectorates, the European Labour Authority, civil society organisations, and of other legal assistance available under national law;

~~Or. en~~

Amendment 47

~~Justification~~

Also rights under Union law that apply to third-country nationals working in the EU should be included, such as the Directive (EU) 2019/1152 (TPWC) or the Directive on Adequate Minimum Wages in the European Union.

~~Amendment 29~~

Proposal for a directive

Amendment

(da) receive and retain the permit and their identity documents in paper format and be able to access the permit in electronic format, inwhile ~~order~~also topreventing ~~prevent~~that ~~document~~these ~~retention.~~documents are retained solely by the employer;

~~Or. en~~

Amendment 48

~~Justification~~

~~Workers are better protected if they are in the possession of their permit, and these cannot be withheld by the employer this way. Furthermore, labour inspectorates can enforce better this way.~~

~~Amendment 30~~

Proposal for a directive

Article 11 – paragraph 1 – point d b (new)

Text proposed by the Commission

Amendment

(db) be informed about the criteria and conditions for issuing the permit as required by national law, including any checks of the labour market situation where they exist, and rights and procedures related to the change of employer pursuant to paragraphs 2, 3 and 4 of Article 11;

Amendment 49

Proposal for a directive

Article 11 – paragraph 1 – point d c (new)

Text proposed by the Commission

Amendment

(dc) be informed about acquired social security rights and their portability, information assistance and support available when moving from the Member States that has issued the permit in accordance with Article 12;

Amendment 50

Proposal for a directive

Article 11 – paragraph 2

2. Within the period of validity referred to in paragraph 1, Member States shall:

~~Or. en~~

Amendment 51

~~Amendment 31~~

Proposal for a directive

Amendment

(a) allow a single permit holder to seek employment and conclude an employment contract with a different employer than the first employer with whom the permit holder concluded ~~a contract~~an ofemployment ~~employment;~~contract;

~~Or. en~~

Amendment 52

~~Amendment 32~~

Proposal for a directive

Amendment

(b) require that any change of employer is communicated, prior to the first working day, by the new employer to the competent authorities in the Member State concerned, providing information on at least the name and address of the employer, the habitual place of work, the type of work, working hours, and remuneration, in accordance with procedures laid down in national ~~law;~~law. Any incorrect communication of such information by the new employer shall not affect the rights of the third-country national as set out in this Article;

~~Or. en~~

Amendment 53

~~Amendment 33~~

Proposal for a directive

Amendment

(c) send a reception ~~notification~~confirmation to the new employer and the ~~third country~~third-country national upon receipt of the employment ~~offer;~~contract.

~~Or. en~~

Amendment 54

~~Amendment 34~~

Proposal for a directive

Article 11 – paragraph 3 – subparagraph 1 – introductory part

Text proposed by the Commission

Within the period of validity referred to in paragraph 1, Member States may:

Within the period of validity referred to in paragraph 1, Member States may only require that a change of employer be subject to ~~the first~~a check of the labour market ~~situation.~~situation where such checks exist, in the case of a change of the sector of employment.

Amendment 55

Proposal for a directive

Article 11 – paragraph 3 – subparagraph 1 – point a

Text proposed by the Commission

Amendment

(a) require that a change of employer be communicated to the competent authorities in the Member State concerned, in accordance with procedures laid down in national law,

deleted

Amendment 56

Proposal for a directive

Article 11 – paragraph 3 – subparagraph 1 – point b

Text proposed by the Commission

Amendment

(b) require that a change of employer be subject to a check of the labour market situation.

~~Or. en~~

deleted

Amendment 3557

Proposal for a directive

The right of the single permit holder to pursue such a change of employer may be suspended for a maximum of 30 days while the Member State concerned checks the labour market situation and verifies that the requirements laid down by Union or national law are fulfilled. The Member State concerned may oppose the change of employment within those 30 days.

The right of the single permit holder to pursue such a change of employer may be suspended for a maximum of 30 days while the Member State concerned verifies that the requirements laid down by Union or national law are fulfilled, including any checks ~~compliance~~as ~~with~~referred to in the first ~~check~~subparagraph of ~~the~~this ~~labour~~paragraph. ~~market~~The ~~situation~~Member ~~and~~State ~~verifies~~shall require that the ~~requirements~~terms ~~laid~~of ~~down~~employment byand ~~Union~~working orconditions are in compliance with national law ~~are~~and ~~fulfilled.~~practice, including collective agreements. The Member State concerned may oppose the change of employment within those 30 ~~days.~~days, particularly if the Member State considers that there is a risk of labour exploitation. When pursuing a change of employer, the single permit holder shall be eligible to continue working for the current employer or to enter a period of unemployment. The single permit holder shall be informed about the status of the checks regularly during the process, and about the outcome thereto.

~~Or. en~~

Amendment 58

~~Amendment 36~~

Proposal for a directive

4. Within the period of validity referred to in paragraph 1, the single permit shall not be withdrawn during a period of at least three months in the event of unemployment of its holder. Member States shall allow the third-country national to stay in their territory until the competent authorities have taken a decision in accordance with paragraph 3, point (b), as relevant, even if that period of at least three months expired.

4. Within the period of validity referred to in paragraph 1, the single permit shall not be withdrawn during a period of at least nine months in the event of unemployment of ~~its~~the single permit holder. Member States shall allow the third-country national to stay in their territory until the competent authorities have taken a decision in accordance with paragraph 3, point (b), as relevant, even if that period of at least nine months ~~expired.~~expired, in order to enable the third-country national to find alternative employment. Member States shall assess the individual circumstances of a third-country national and may extend this period in the case of a third-country national’s incapacity to work due to pregnancy, disability, injury, accident or disease, in particular where the disability, injury, accident or disease is work-related.

~~Or. en~~

Amendment 59

~~Amendment 37~~

Proposal for a directive

1. Third-country workers as referred to in Article 3(1), points (b) and (c) shall enjoy equal treatment with nationals of the Member State where they reside with regard to at least:

~~Or. en~~

Amendment 60

~~Justification~~

This is essential to better protect third country workers, including to ensure equal treatment with national workers, and to enable effective enforcement by the labour inspectorates. Also rights under Union law that apply to third-country nationals working in the EU should be included, such as the Directive (EU) 2019/1152 (TPWC) or the Directive on Adequate Minimum Wages in the European Union.

~~Amendment 38~~

Proposal for a directive

(a) working conditions, including pay and dismissal as well as health and safety at the workplace;

(a) terms of employment, decent working conditions, including remuneration and dismissal, working hours, overtime rates, annual and sick ~~leave,~~leave and entitlements, leaves related to care and holidays, ~~protection against discriminatory, illegitimate and disproportionate deductions from the remuneration,~~training, allowances or reimbursement of expenditure to cover travel, board and lodging expenses, ensuring that deductions from the remuneration, where they exist, are non-discriminatory, legitimate and proportionate, , as well as equality of treatment between men and women, and health and safety at the workplace, in accordance with Council Directive 89/391 EEC1a, and Directives 2008/104/EC1b, (EU) ~~2019/1152,~~2019/11521c ~~Directive~~and ~~2008/104/EC,~~2022/20411dof ~~Directive~~the ~~89/391~~European ~~EEC,~~Parliament and ~~Directive~~of ~~.../...~~the onCouncil. ~~Adequate~~The ~~Minimum~~principle ~~Wages~~of equal pay for equal work shall apply, in line with Article 157 of the Treaty on the Functioning of the European Union;

~~Or. en~~

_________________

~~Justification~~

1a Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.1989, p. 1).

1b Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work (OJ L 327, 5.12.2008, p. 9).

~~Amendment 39~~

1c Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union (OJ L 186, 11.7.2019, p. 105).

1d Directive (EU) 2022/2041 of the European Parliament and of the Council of 19 October 2022 on adequate minimum wages in the European Union (OJ L 275, 25.10.2022, p. 3).

Amendment 61

Proposal for a directive

Amendment

(aa) back payments to be made by the employer, concerning any outstanding remuneration to the third-country national, ~~with the burden of proof upon the employer~~ in ~~case of the absence~~accordance ofwith ~~salary~~Directive ~~administration,~~2009/52/EC, as well as the quick settlement of third-country nationals’ outstanding claims resulting from an employment ~~contractor~~contract or employment relationship in the case of insolvency of the employer, in accordance with Directive 2008/94/EC;

~~Or. en~~

Amendment 62

~~Justification~~

~~Amendment 40~~

Proposal for a directive

(b) 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 benefits conferred by such organisations, without prejudice to the national provisions on public policy and public security;

(b) ~~the right to strike and take industrial action,~~ 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~~occupation, including the benefits conferred by such organisations, including the right to negotiate and conclude collective agreements in compliance with the right to association, to ~~organise and~~organise, to collective bargaining as provided for in ILO Conventions Nos 87 and 98, the right to strike and take industrial action, without prejudice to the national provisions on public policy and public security;

~~Or. en~~

Amendment 63

~~Justification~~

~~Amendment 41~~

Proposal for a directive

Article 12 – paragraph 1 – point c

Text proposed by the Commission

Amendment

Amendment 64

Proposal for a directive

Article 12 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) recognition of diplomas, certificates and other professional qualifications in accordance with the relevant national procedures;

(d) recognition of diplomas, certificates and other professional and occupational qualifications in accordance with the relevant national procedures;

Amendment 65

Proposal for a directive

Article 12 – paragraph 1 – point e

Text proposed by the Commission

Amendment

(e) branches of social security, as defined in Regulation (EC) No 883/2004;

(e) access to branches of social security, as defined in Regulation (EC) No 883/2004;

Amendment 66

Proposal for a directive

Article 12 – paragraph 1 – point g

(g) access to goods and services and the supply of goods and services made available to the public including procedures for obtaining access to public and private housing as provided by national law, without prejudice to the freedom of contract in accordance with Union and national law;

(g) access to goods and ~~services~~services, in particular public services, and the supply of goods and services made available to the public including procedures for obtaining access to public and private housing as provided by national law, ensuring a decent standard of living, as well as freedom of choice of housing without ~~any~~the obligation ~~or pressure~~ to reside in employer-provided housing, ~~while~~without ~~not~~prejudice ~~allowing~~to the freedom of contract in accordance with Union and national law, deductions onfor travel, board and lodging from ~~remuneration and~~remuneration, ~~rental~~where ~~contracts~~they ~~being~~exist, ~~part~~and ofhousing ~~the~~conditions ~~employment~~and ~~contract,~~rental ~~without~~contracts ~~prejudice~~meeting tostandards ~~the~~and ~~freedom~~regulations offor ~~contract~~private inrental ~~accordance~~under ~~with~~national ~~Union~~law, ~~and~~including ~~national~~rent ~~law;~~amounts;

~~Or. en~~

Amendment 67

~~Justification~~

The European Parliament has been demanding better protection of migrant workers, including third-country workers, when it comes to decent housing on several occasions. Among others, in the EP resolution on European Protection of Cross Border and Seasonal Workers in the Context the COVID-19 crisis, of 19 June 2020.

~~Amendment 42~~

Proposal for a directive

(h) advice services afforded by employment offices.

(h) ~~information~~information, support and personalised counselling services provided by employment offices.

~~Or. en~~

Amendment 68

~~Justification~~

~~Inspired by the EU Blue Card Directive, which would make the services of employment offices more inclusive for third country workers.~~

~~Amendment 43~~

Proposal for a directive

In addition, Member States may decide that paragraph 1, point (e), with regard to family benefits shall not apply to third-country nationals who have been authorised to work in the territory of a Member State for a period not exceeding six months, to third-country nationals who have been admitted for the purpose of study

~~Or. en~~

Amendment 69

~~Justification~~

~~The exclusion of this category of workers is arbitrary. This category of workers should also enjoy protection under this Directive.~~

~~Amendment 44~~

Proposal for a directive

(ii) restricting access to public housing;

~~Or. en~~

Amendment 70

~~Justification~~

~~Amendment 45~~

Proposal for a directive

Article 12 – paragraph 2 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

Member States shall inform third-country nationals of any such restrictions applicable when they issue the single permit.

Amendment 71

Proposal for a directive

Article 12 – paragraph 4

Text proposed by the Commission

Amendment

4. Third-country workers moving to a third country, or their survivors who reside in a third country and who derive rights from those workers, shall receive, in relation to old age, invalidity and death, statutory pensions based on those workers’ previous employment and acquired in accordance with the legislation referred to in Article 3 of Regulation (EC) No 883/2004, under the same conditions and at the same rates as the nationals of the Member States concerned when they move to a third country.

4. Former single permit holders moving to a third country, or their survivors who reside in a third country and who derive rights from those workers, shall receive, in relation to old age, invalidity and death, statutory pensions based on those workers’ previous employment and acquired in accordance with the legislation referred to in Article 3 of Regulation (EC) No 883/2004, under the same conditions and at the same rates as the nationals of the Member States concerned when they move to a third country. Any difficulty for former single permit holders to receive their pension entitlements shall be addressed by the Member State in a timely and effective manner.

Amendment 72

Proposal for a directive

Article 13 – paragraph 1

1. Member States shall provide for measures to prevent possible infringements by employers of national provisions adopted pursuant to Article 12. Preventive measures shall include monitoring, assessment and, where appropriate, inspections in accordance with national law or administrative practice.

1. Member States shall, inwith ~~cooperation~~the ~~with~~involvement of the social partners, provide for measures to prevent possible infringements by employers of national provisions adopted pursuant to Article 12. Preventive measures shall include monitoring, assessment and ~~inspections~~inspections, on the basis of a risk assessment, regularly identifying the sectors of activity in which the employment of third-country workers is concentrated, in accordance with national law or administrative practice.

~~Or. en~~

Amendment 73

~~Amendment 46~~

Proposal for a directive

2. Member States shall lay down the rules on penalties applicable to infringements by employers of national provisions adopted pursuant to Article 12. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall, without delay, notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.

2. Member States shall lay down the rules on penalties applicable to infringements by employers of national provisions adopted pursuant to Article ~~12,~~12. ~~and~~In ~~shall~~addition ~~impose~~to ~~them~~regularizing insalaries ~~cases~~and ofcompensation ~~infringements~~to byworkers, ~~employers.~~social ~~These~~security and taxes, such penalties ~~shall~~may include, among others, publicly registering infringements conducted by employers, administrative and financial penalties, such as fines or the payment of compensation, and suspension of the eligibility for employers to the single application procedure for issuing a single permit for third-country nationals as well as exemption for employers from public procurement procedures. If an infringement by the employer results in ~~the~~adverse treatment, including termination of the employment contract or employment relationship with the third-country national, the latter ~~should~~shall be eligible to find new employment under the conditions set out in Article 11. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall, without delay, notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.

~~Or. en~~

Amendment 74

~~Amendment 47~~

Proposal for a directive

3. Member States shall ensure that services in charge of inspection of labour or other competent authorities and, where provided for under national law in respect of national workers, organisations representing workers’ interests have access to the workplace.

3. Member States shall, in cooperation with the social partners, and in accordance with ILO Convention No 81, ensure timely, effective, proportionate and non-discriminatory controls and field inspections conducted by labour inspectorates, including routine and unannounced visits. Member States shall develop the capability of enforcement authorities to proactively target and pursue non-compliant employers. Member States shall ensure that services in charge of inspection of labour or other competent authorities are sufficiently resourced and, where provided for under national ~~law in respect of national workers,~~law, organisations representing workers, in particular trade unions, have access to the workplace and, with the agreement of the worker, to their housing.

~~Or. en~~

Amendment 75

~~Amendment 48~~

Proposal for a directive

Amendment

3a. Member States shall publish and communicate to the Commission statistics on the number of third-country nationals who have been granted a single permit and on those whose application has been rejected or considered inadmissible, as well as on the numbers of third-country nationals, whose single permit has been renewed or withdrawn, during the previous calendar year. Those statistics shall be disaggregated by citizenship, length of validity of permits, ~~sex~~gender and age and, where available, by occupation, the size of the employer’s undertaking and economic sector. Statistics on admitted family members of third-country nationals shall be communicated in the same manner, except as regards information on their occupation and the economic sector.

~~Or. en~~

Amendment 76

~~Amendment 49~~

Proposal for a directive

1. Member States shall ensure that there are effective mechanisms through which third-country workers may lodge complaints against their employers:

1. Member States ~~shall~~shall, in accordance with Article 47 of the Charter of Fundamental Rights of the EU, ensure that there are timely and effective mechanisms through which third-country workers may lodge complaints against their employers:

~~Or. en~~

Amendment 77

~~Amendment 50~~

Proposal for a directive

(a) directly;

~~Or. en~~

Amendment 78

~~Amendment 51~~

Proposal for a directive

(b) through third parties which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring compliance with this Directive; or

(b) with the consent of the third-country worker, through third parties which have, in accordance with the criteria laid down by their national law, practice and collective agreements, a legitimate interest in ensuring compliance with this Directive; and

~~Or. en~~

Amendment 79

~~Amendment 52~~

Proposal for a directive

2. Member States shall ensure that third parties referred to in paragraph 1, point (b) may engage either on behalf of or in support of a third-country worker, with his or her approval, in any judicial and/or administrative procedures aimed at enforcing compliance with this Directive.

2. Member States shall ~~ensure~~ensure, in accordance with national law, practice, and collective agreements, that third parties referred to in paragraph 1, point (b) may engage either on behalf of or in support of a third-country worker, with his or her approval, in any judicial and/or administrative procedures for enforcing compliance with this Directive.

~~Or. en~~

Amendment 80

~~Amendment 53~~

Proposal for a directive

3. Member States shall ensure that third-country workers, including those whose employment relationship has ended, have the same access as nationals of the Member State where they reside with regard to:

~~Or. en~~

Amendment 81

~~Amendment 54~~

Proposal for a directive

(a) measures protecting against dismissal or other adverse treatment by the employer as a reaction to a complaint within the undertaking; or to

(a) measures protecting against dismissal orand protecting both ~~third country~~third-country workers and workers' representatives, including those who are trade union members or representatives, from any adverse treatment and from any adverse consequences resulting from a complaint with the employer or resulting from any proceedings initiated with the aim of enforcing compliance in the case of infringements of rights provided in this Directive; orand to

~~Or. en~~

Amendment 82

~~Amendment 55~~

Proposal for a directive

(b) effective, timely and impartial dispute resolution, a right to redress, and any judicial and/or administrative procedure for enforcing compliance with this Directive;

~~Or. en~~

Amendment 83

~~Amendment 56~~

Proposal for a directive

Amendment

3a. With a view to facilitate compliance with this Directive, Member States shall define in national law the rules under which they grant, on a case-by-case basis, ~~transitional~~an ~~permits~~extension of the validity of the permit to single permit holders who have experienced violations of their rights under this ~~Directive, to facilitate compliance with this~~ Directive.

Where the employer is a subcontractor, or where a recruitment agency on behalf of the main contractor, who has infringed this Directive and where the main contractor and any intermediate subcontractor have not undertaken due diligence obligations as defined by national law, Member States shall ensure that the main contractor and any intermediate subcontractor ~~may:~~are, in addition to or in place of the employer, liable to pay any back payments and compensation due to the third-country national in accordance with national law and are subject to penalties, in accordance with this Directive.

~~(a) be subject to the penalties referred to in Article 13;~~

Member States may provide more stringent liability rules under national law.

~~(b) in addition to or in place of the employer, be liable to pay any compensation due to the third-country national, in accordance with Article 12;~~

Amendment 84

~~(c) in addition to or in place of the employer, be liable to pay any back payments due to the third-country national under national law, in accordance with Article 12.~~

Proposal for a directive

~~Member States may provide for more stringent liability rules under national law.~~

Article 15 – paragraph 1 a (new)

~~Or. en~~

Text proposed by the Commission

Amendment

1a. Member States shall apply the relevant provisions of Regulation (EU) 2016/679 when implementing this Directive.

PROCEDURE – COMMITTEE ASKED FOR OPINION

Title

A single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State (recast)

References

COM(2022)0655 – C9-0163/2022 – 2022/0131(COD)

Committee responsible

Date announced in plenary

LIBE

22.6.2022

Opinion by

Date announced in plenary

EMPL

22.6.2022

Associated committees - date announced in plenary

20.10.2022

Rapporteur for the opinion

Date appointed

Agnes Jongerius

28.9.2022

Discussed in committee

8.11.2022

30.11.2022

Date adopted

24.1.2023

Result of final vote

–:

Members present for the final vote

João Albuquerque, Atidzhe Alieva-Veli, Dominique Bilde, Gabriele Bischoff, Vilija Blinkevičiūtė, Milan Brglez, David Casa, Leila Chaibi, Ilan De Basso, Margarita de la Pisa Carrión, Özlem Demirel, Estrella Durá Ferrandis, Lucia Ďuriš Nicholsonová, Rosa Estaràs Ferragut, Helmut Geuking, Alicia Homs Ginel, Agnes Jongerius, Irena Joveva, Radan Kanev, Katrin Langensiepen, Miriam Lexmann, Elena Lizzi, Sara Matthieu, Max Orville, Kira Marie Peter-Hansen, Dragoş Pîslaru, Dennis Radtke, Elżbieta Rafalska, Guido Reil, Daniela Rondinelli, Mounir Satouri, Monica Semedo, Romana Tomc, Marianne Vind

Substitutes present for the final vote

Abir Al-Sahlani, Konstantinos Arvanitis, Robert Biedroń, Krzysztof Hetman, Lívia Járóka, Peter Lundgren

Substitutes under Rule 209(7) present for the final vote

Deirdre Clune, Jens Geier, Robert Hajšel, Mircea-Gheorghe Hava

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

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