On the proposal for a directive of the European Parliament and of the Council laying down standards for the reception of applicants for international protection (recast)
EMPL-AD-599692
Committee on Employment and Social Affairs · Rapporteur: Brando Benifei
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The Committee on Employment and Social Affairs gives its opinion on the proposed directive on reception standards for applicants for international protection. It welcomes the Commission's proposals on access to employment and on special reception needs, but proposes amendments.¶¶¶ The committee wants access to the labour market no later than 6 months from the date the application was lodged, with no exception for accelerated procedures, and effective access without sector or working time restrictions.¶¶ It opposes denying material reception conditions to applicants who are not in the Member State responsible for their application, and proposes deleting the related recital and article.¶¶¶ It proposes that minors and unaccompanied minors shall never be detained, and adds safeguards for unaccompanied minors, including identification, registration, risk assessment and referral to child protection services.¶¶¶ It also proposes changes to rules on residence, travel documents, health care, equal treatment and guardianship, and adds new provisions on language courses, training on employment rights and support for staff.¶¶¶
Committee position. The committee gives a partially positive assessment. It welcomes the proposals on access to employment and special reception needs, but proposes amendments to remove restrictions on labour market access, delete the rule denying reception conditions to applicants outside the responsible Member State, and strengthen safeguards for minors.¶¶¶
Key points
- The committee calls on the Committee on Civil Liberties, Justice and Home Affairs to take into account its amendments to the proposed reception directive.¶
- It proposes that Member States grant access to the labour market no later than 6 months from the date the application was lodged, and deletes the exception for accelerated procedures.¶¶
- It wants effective access to the labour market without conditions such as sector restrictions, working time restrictions and unduly strict administrative formalities, and without lowering salaries.¶
- It proposes that Member States provide applicants effective access to language courses from the date the application was lodged, and training on employment legislation and non-discrimination.¶¶
- It proposes deleting the rule that applicants are not entitled to material reception conditions in a Member State other than the one responsible for their application.¶¶
- It proposes that minors and unaccompanied minors shall never be detained.¶
- It proposes that Member States identify unaccompanied children upon disembarkation, register them, carry out a preliminary risk assessment and refer them to child protection services.¶¶
- It proposes that guardians receive continuous and appropriate training, have no verified criminal record, and be regularly reviewed; and that they be responsible for an adequate and limited number of unaccompanied minors.¶¶
- It proposes that health care include maternity medical aid and sexual and reproductive health services, and that applicants receive physical and mental health care irrespective of where they are required to be present.¶¶
- It proposes that applicants enjoy equal treatment on working conditions, pay and dismissal, health and safety, working time and leave, freedom of association, education and vocational training, and social security.¶
- It proposes deleting restrictions on equal treatment for family benefits, unemployment benefits, education and vocational training, and proposes that such restrictions not apply to minors, parents of minor children and primary caregivers.¶¶¶
- It proposes that Member States may assign an applicant residence in an open reception centre or specific accommodation only where necessary, proportionate and duly justified.¶
Who is affected
- Applicants for international protection: access to the labour market, language courses, health care and equal treatment.¶¶¶
- Unaccompanied minors: never detained, identified, registered, risk-assessed and referred to child protection services.¶¶
- Member States: must provide access to the labour market, language courses, health care and information on employment rights.¶¶¶
- Guardians of unaccompanied minors: must receive training, have no verified criminal record and be regularly reviewed.¶
- Staff working with applicants: must receive appropriate training and support on physical and mental health needs.¶
Figures and deadlines
- 6 months from the date the application was lodged: deadline for access to the labour market.¶