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-PA-736589
Committee on Employment and Social Affairs · Rapporteur: Agnes Jongerius
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This is the draft opinion of the Committee on Employment and Social Affairs on the proposed recast of the Single Permit Directive. It proposes amendments to give third-country workers equal treatment with national workers on pay, working conditions, social security and housing, and to strengthen enforcement.¶¶¶ The amendments shorten the decision deadline to 90 days, let permit holders seek and take a new job, and extend the period before a permit can be withdrawn on unemployment to nine months.¶¶¶ They require Member States to inform workers of their rights, to involve social partners in monitoring and inspections, and to set penalties for employers who infringe the rules, including liability for contractors and recruitment agencies.¶¶¶
Committee position. The rapporteur proposes amendments to the Commission proposal to secure fair working conditions and equal treatment for third-country workers, strengthen enforcement and inspections, involve social partners, and make it easier for permit holders to change employer.¶¶¶
Key points
- The recast should create fair working conditions and equal treatment for third-country nationals, covering remuneration, leave, working time, decent housing and back payments due.¶¶
- The amendments align the Directive with Directives 96/71/EC, 2018/957/EU, 2020/1057/EU and 2014/67/EU to prevent bogus posting via letterbox firms and clarify cross-border work.¶¶¶
- Temporary work agencies and other subcontractors are explicitly included in the scope, and only genuinely posted third-country nationals are excluded.¶¶¶
- The deadline for a decision on the single permit is shortened from four months to 90 days, and the requisite visa must be issued within that deadline.¶¶
- Member States must indicate information on the employment relationship on the permit and give the third-country national access to it and to any changes.¶¶
- Third-country workers must enjoy equal treatment on terms of employment, remuneration, dismissal, working time, leave, health and safety, and equality between men and women.¶¶¶
- Equal treatment must also cover social security including portability of rights, back payments with the burden of proof on the employer, and the right to strike and to collective bargaining.¶¶¶
- Member States must ensure decent housing, freedom of choice of housing and no obligation or pressure to live in employer-provided housing, and must not restrict access to public housing.¶¶
- The single permit must let its holder seek employment and conclude a contract with a different employer; a change may be notified before the first working day and checked against the labour market.¶¶¶
- The permit must not be withdrawn for at least nine months of unemployment, and the holder may stay until the authorities decide on a change of employer.¶
- Member States must, with social partners, provide information in a language the worker understands on rights, contact details of trade unions, labour inspectorates and the European Labour Authority, and on labour market checks.¶
- Member States must, with social partners, carry out effective inspections including routine and unannounced visits, and impose penalties such as fines, public registration of infringements and exclusion from public procurement.¶¶¶
Who is affected
- Third-country nationals working or seeking work in the EU: gain equal treatment, information on rights and easier change of employer.¶¶¶
- Employers: must not recover fees or costs from workers, face penalties for infringements and may be liable for contractors' breaches.¶¶¶
- Temporary work agencies and subcontractors: explicitly covered by the Directive and may be liable for compensation and back payments.¶
- Member States: must set up information, inspection, complaint and penalty mechanisms and publish statistics on permits.¶¶¶
- Trade unions and workers' representatives: must be involved in monitoring and may access the workplace and, with the worker's agreement, their housing.¶¶
Figures and deadlines
- 90 days: deadline for Member States to issue the requisite visa and to adopt a decision on the single permit.¶¶
- nine months: minimum period during which the single permit may not be withdrawn in the event of unemployment.¶¶
- 30 days: maximum period for which the right to change employer may be suspended while the labour market situation is checked.¶
- six months: period of employment or registration as unemployed below which Member States may not restrict certain rights.¶