Sittings · Document

DRAFT OPINION (COM(2022)0655 – C90163/2022 – 2022/0131(COD)) 2022-10-18

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)

Committee on Employment and Social Affairs · Rapporteur: Agnes Jongerius

PA_Legam

SHORT JUSTIFICATION

The recast of the Single Permit Directive should be seized as an opportunity to create fair working conditions for third-country nationals working in the Member States of the European Union.

However, any employment relationship is also a power relationship. It has to be borne in mind that the division of power between workers and employers is not in equilibrium. Workers draw the short end if they are, in practice, not allowed to organise, to collective bargaining and to strike. It requires regulation to bring this in balance.

In this sense, I urge one not to be naive. Most sectors of the economy where workers from third-countries are active, such as transport, hospitality or logistics, are known for their low wages and high-risk of labour rights violations.

This is already often the case for national workers in these sectors. Workers from third-countries are even more vulnerable to being abused and exploited, because they are lacking a stable place in society, knowledge about their rights, and effective access to redress.

With this recast, I wish to improve the situation of third-country nationals seeking employment and working in the EU. Therefore, more equal treatment is needed. This should be extended to what we find acceptable for own living and working conditions too: when it comes to remuneration, leave, working time, decent housing or back payments due.

Furthermore, the real access to redress mechanisms and support from representatives, in particular by trade unions, is a necessity.

Much more action needs to be taken to stop the undermining abusive and exploitative practices of those employers who bend or break the rules. So first of all, better documentation is needed, both to clarify which rights workers have, and to enable labour inspectorates to enforce them. The inspectorates themselves need to be strengthened.

This recast also requires to anticipate how new business models resulting in exploitation of third-country national workers could arise. I strive to do everything possible to prevent this from happening. For this reason, the explicit inclusion of temporary agencies or any other subcontractor, in this Directive is of utmost importance.

It is our obligation to create a level playing field for those employers that want to adhere to the rules, but find competitors cheating at the expense of third-country nationals. It is furthermore our obligation to protect the workers who bear the consequences of unequal treatment, adverse treatment or even exploitation. This way, we turn Europe into a better place.

AMENDMENTS

The Committee on Employment and Social Affairs calls on the Committee on Employment and Social Affairs, as the committee responsible, to take into account the following amendments:

Amendment 1

Proposal for a directive

Recital 5

Text proposed by the Commission

Amendment

(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 work.

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, as well as to clarify the situation on cross-border work.

Amendment 2

Proposal for a directive

Recital 6

Text proposed by the Commission

Amendment

(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 nationals through temporary work agencies established on its territory and which have an employment contract or relationship with the worker, such agencies should not be excluded from the scope of this Directive.

Or. en

Amendment 3

Proposal for a directive

Recital 7

Text proposed by the Commission

Amendment

(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 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 .

__________________

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

Justification

Amendment 4

Proposal for a directive

Recital 12

Text proposed by the Commission

Amendment

(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 four months set out to adopt a decision on the Single Permit .

(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

Justification

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

Amendment 5

Proposal for a directive

Recital 17

Text proposed by the Commission

Amendment

(17) The single permit should be drawn up in accordance with Council Regulation (EC) No 1030/200242 , enabling Member States to enter further information, in particular as to whether or not the person is permitted to work. A Member State should indicate, inter alia, for the purpose of better control of migration, not only on the single permit but also on all the issued residence permits, the information relating to the permission to work, irrespective of the type of the permit or the residence permit on the basis of which the third-country national has been admitted to the territory and has been given access to the labour market of that Member State.

__________________

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 6

Proposal for a directive

Recital 22

Text proposed by the Commission

Amendment

(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. 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

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

Recital 25

Text proposed by the Commission

Amendment

(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 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

Justification

Amendment 8

Proposal for a directive

Recital 27

Text proposed by the Commission

Amendment

(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 portability of rights. 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.

__________________

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

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 32

Text proposed by the Commission

Amendment

(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, that appropriate mechanisms are in place for the monitoring of employers and that 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.

Or. en

Amendment 10

Proposal for a directive

Recital 33

Text proposed by the Commission

Amendment

(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 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. 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 11

Proposal for a directive

Recital 34

Text proposed by the Commission

Amendment

(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 relationship, prior to the first working day, and be able to check the labour market situation where a change of employer takes place, based on the first check. Member States should ensure that the single permit holder continues his or her employment contract or relationship with the same employer during the renewal process. The single permit should not be withdrawn during a period of at least nine months in the event of the unemployment of its holder.

Or. en

Amendment 12

Proposal for a directive

Article 1 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. This Directive lays down:

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

Or. en

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

Article 1 – paragraph 2

Text proposed by the Commission

Amendment

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 .

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

Justification

Amendment 15

Proposal for a directive

Article 2 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(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 Member State, in accordance with national law, collective agreements, or practice, with consideration to the case-law of the Court of Justice;

Or. en

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

Article 3 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(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 in its labour market;

Or. en

Justification

Amendment 17

Proposal for a directive

Article 3 – paragraph 2 – point c

Text proposed by the Commission

Amendment

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

____________

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 j

Text proposed by the Commission

Amendment

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

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

Or. en

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 k

Text proposed by the Commission

Amendment

(k) who have applied for admission or have been admitted as seafarers for employment or work in any capacity on board of a ship registered in or sailing under the flag of a Member State.

deleted

Or. en

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

Article 3 – paragraph 3

Text proposed by the Commission

Amendment

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.

Or. en

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 5 – paragraph 2 – subparagraph 1

Text proposed by the Commission

Amendment

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 a decision on the complete application as soon as possible and in any event within 90 days of the date on which the application was lodged.

Or. en

Justification

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

Amendment 22

Proposal for a directive

Article 6 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

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 the employment 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, and 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 grant the third-country national access to this information and he or she shall be informed about any changes to this information.

Or. en

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 9 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 24

Proposal for a directive

Article 9 – paragraph 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:

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

(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

Article 10 – title

Text proposed by the Commission

Amendment

Fees

Fees and costs

Or. en

Amendment 26

Proposal for a directive

Article 10 – paragraph 1

Text proposed by the Commission

Amendment

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. Where such fees or any other costs are paid by the third-country national, Member States shall ensure that he or she is entitled to reimbursement from the employer, in accordance with national law. When such fees or costs are paid by the employers, they shall not be recoverable from the third-country national.

Or. en

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

Article 11 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

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

1. Members States shall ensure that, where a single permit has been issued, it shall authorise, during its period of validity, its holder at least to:

Or. en

Amendment 28

Proposal for a directive

Article 11 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(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.

Or. en

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

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

Text proposed by the Commission

Amendment

(da) receive the permit in paper format and be able to access the permit in electronic format, in order to prevent document retention.

Or. en

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 2

Text proposed by the Commission

Amendment

2. Within the period of validity referred to in paragraph 1, Member States shall allow a single permit holder to be employed by a different employer than the first employer with whom the permit holder concluded a contract of employment.

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

Or. en

Amendment 31

Proposal for a directive

Article 11 – paragraph 2 – point a (new)

Text proposed by the Commission

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 of employment;

Or. en

Amendment 32

Proposal for a directive

Article 11 – paragraph 2 – point b (new)

Text proposed by the Commission

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;

Or. en

Amendment 33

Proposal for a directive

Article 11 – paragraph 2 – point c (new)

Text proposed by the Commission

Amendment

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

Or. en

Amendment 34

Proposal for a directive

Article 11 – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

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 require that a change of employer be subject to the first check of the labour market situation.

(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,

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

Or. en

Amendment 35

Proposal for a directive

Article 11 – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

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 checks compliance with the first check of 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.

Or. en

Amendment 36

Proposal for a directive

Article 11 – paragraph 4

Text proposed by the Commission

Amendment

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 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.

Or. en

Amendment 37

Proposal for a directive

Article 12 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

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:

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

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

Article 12 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(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, leaves related to care and holidays, protection against discriminatory, illegitimate and disproportionate deductions from the remuneration, allowances or reimbursement of expenditure to cover travel, board and lodging expenses, as well as equality of treatment between men and women, and health and safety at the workplace, in accordance with Directive (EU) 2019/1152, Directive 2008/104/EC, Directive 89/391 EEC, and Directive .../... on Adequate Minimum Wages in the European Union;

Or. en

Justification

Amendment 39

Proposal for a directive

Article 12 – paragraph 1 – point a a (new)

Text proposed by the Commission

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 of salary administration, as well as the quick settlement of third-country nationals’ outstanding claims resulting from an employment contractor employment relationship in the case of insolvency of the employer, in accordance with Directive 2008/94/EC;

Or. en

Justification

Amendment 40

Proposal for a directive

Article 12 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(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 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 to collective bargaining as provided for in ILO Conventions 87 and 98, without prejudice to the national provisions on public policy and public security;

Or. en

Justification

Amendment 41

Proposal for a directive

Article 12 – paragraph 1 – point g

Text proposed by the Commission

Amendment

(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, ensuring a decent standard of living, as well as freedom of choice of housing without any obligation or pressure to reside in employer-provided housing, while not allowing deductions on travel, board and lodging from remuneration and rental contracts being part of the employment contract, without prejudice to the freedom of contract in accordance with Union and national law;

Or. en

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

Article 12 – paragraph 1 – point h

Text proposed by the Commission

Amendment

(h) advice services afforded by employment offices.

(h) information and counselling services provided by employment offices.

Or. en

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

Article 12 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b) by limiting the rights conferred on third-country workers under paragraph 1, point (e), but shall not restrict such rights for third-country workers who are in employment or who have been employed for a minimum period of six months and who are registered as unemployed.

deleted

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

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

Article 12 – paragraph 2 – point d

Text proposed by the Commission

Amendment

(d) under paragraph 1, point (g) , by:

deleted

(i) limiting its application to those third-country workers who are in employment;

(ii) restricting access to public housing;

Or. en

Justification

Amendment 45

Proposal for a directive

Article 13 – paragraph 1

Text proposed by the Commission

Amendment

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, in cooperation with 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 in accordance with national law or administrative practice.

Or. en

Amendment 46

Proposal for a directive

Article 13 – paragraph 2

Text proposed by the Commission

Amendment

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, and shall impose them in cases of infringements by employers. These penalties shall 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 termination of the employment contract or employment relationship with the third-country national, the latter should 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 47

Proposal for a directive

Article 13 – paragraph 3

Text proposed by the Commission

Amendment

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, ensure 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 and, where provided for under national law in respect of national workers, 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 48

Proposal for a directive

Article 13 – paragraph 3 a (new)

Text proposed by the Commission

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 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 49

Proposal for a directive

Article 14 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

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 ensure that there are timely and effective mechanisms through which third-country workers may lodge complaints against their employers:

Or. en

Amendment 50

Proposal for a directive

Article 14 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) directly; or

(a) directly;

Or. en

Amendment 51

Proposal for a directive

Article 14 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(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) 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; and

Or. en

Amendment 52

Proposal for a directive

Article 14 – paragraph 2

Text proposed by the Commission

Amendment

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.

Or. en

Amendment 53

Proposal for a directive

Article 14 – paragraph 3 – introductory part

Text proposed by the Commission

Amendment

3. Member States shall ensure that third-country workers have the same access as nationals of the Member State where they reside with regard to:

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 54

Proposal for a directive

Article 14 – paragraph 3 – point a

Text proposed by the Commission

Amendment

(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 or protecting both 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; or to

Or. en

Amendment 55

Proposal for a directive

Article 14 – paragraph 3 – point b

Text proposed by the Commission

Amendment

(b) any judicial and/or administrative procedure aimed at enforcing compliance with this 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 56

Proposal for a directive

Article 14 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3a. Member States shall define in national law the rules under which they grant, on a case-by-case basis, transitional permits 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, the main contractor and any intermediate subcontractor may:

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

(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;

(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.

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

Or. en