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)
EMPL-AD-736589
Committee on Employment and Social Affairs · Rapporteur: Agnes Jongerius
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The Committee on Employment and Social Affairs proposes amendments to the proposed directive on a single permit for third-country nationals to reside and work in a Member State. It seeks fair working conditions, equal treatment, stronger enforcement and better protection against exploitation.¶¶¶ The amendments widen equal treatment to remuneration, leave, working time, housing, back payments, social security and the right to organise, bargain collectively and strike. They also require information, complaint mechanisms and support from trade unions.¶¶ They bring temporary work agencies and subcontractors into scope, require documentation of working conditions, and strengthen labour inspectorates with risk-based and unannounced inspections.¶¶¶ The amendments shorten the decision deadline to 90 days, extend the period before a permit can be withdrawn on unemployment to nine months, and allow permit holders to seek and change employment.¶¶¶
Committee position. The Committee on Employment and Social Affairs proposes amendments to the proposed directive to create fair working conditions, extend equal treatment, include temporary agencies and subcontractors, strengthen enforcement and inspections, and improve information and complaint mechanisms for third-country workers.¶¶¶
Key points
- The committee calls for the recast to create fair working conditions and equal treatment for third-country nationals, extending to remuneration, leave, working time, housing and back payments.¶¶
- It wants real access to redress mechanisms and support from representatives, in particular trade unions.¶
- It asks for better documentation of rights and stronger labour inspectorates to stop abusive and exploitative employer practices.¶
- It wants temporary work agencies and any other subcontractor explicitly included in the directive's scope.¶¶
- It proposes that the single application procedure be transparent, non-discriminatory, gender-balanced, inclusive and fair, guided by the European Pillar of Social Rights.¶¶
- It proposes that the deadline for a decision on a single permit be 90 days, covering criteria and conditions checks and the requisite visa, with notification and reasons for any extension.¶¶¶
- It proposes that Member States indicate working conditions in the permit or a document, grant the worker access to that information, and provide information free of charge in a language the worker understands.¶¶¶
- It proposes that permit holders may seek employment and conclude a contract with a different employer, with notification prior to the first working day and a labour market check only when changing sector.¶¶¶
- It proposes that the single permit not be withdrawn for at least nine months of unemployment, with possible extension for incapacity to work due to pregnancy, disability, injury, accident or disease.¶¶
- It proposes equal treatment on terms of employment, remuneration, dismissal, working hours, leave, health and safety, equal pay for equal work, back payments, freedom of association, collective bargaining, the right to strike, education, qualifications, social security and housing.¶¶¶
- It proposes that Member States provide for effective, proportionate and dissuasive penalties against employers, including fines, public registration of infringements, suspension from the single application procedure and exclusion from public procurement.¶¶
- It proposes timely and effective complaint mechanisms, protection against dismissal and adverse treatment, and liability of main contractors and intermediate subcontractors for back payments and compensation.¶¶¶
Who is affected
- Third-country nationals working or seeking work in a Member State: wider equal treatment, information, complaint mechanisms and a longer period before permit withdrawal.¶¶¶
- Employers: penalties for infringements, liability for back payments and compensation, and rules on fees and costs.¶¶¶
- Temporary work agencies and subcontractors: brought within the directive's scope and liable for back payments and compensation.¶¶¶
- Member States: must ensure inspections, enforcement, statistics and access to information.¶¶¶
- Trade unions and civil society organisations: may receive information, support complaints and engage in procedures on behalf of workers.¶¶¶
Figures and deadlines
- 90 days: deadline for adopting a decision on the single permit.¶¶
- nine months: period during which the single permit shall not be withdrawn in the event of unemployment.¶¶
- 30 days: maximum suspension of the right to change employer while the Member State verifies requirements.¶
- 17 November 2017: date the European Pillar of Social Rights was proclaimed at Gothenburg.¶