Changes from report parliamentary committee draft to plenary report

RemovedAlthough there is no limitation on the right to change employer, where the third-country national changes employer the nature of the change of employer should always be communicated to the competent authorities. This should be the responsibility of the new employer.

Article 11 – paragraph 3 – subparagraph 1 – point a: deleted

Article 11 – paragraph 3 – subparagraph 1 – point b: deleted

Change 70

RemovedNo labour market test should be applied to third-country nationals who are already holders of a single permit and thus have been admitted to the territory of the MS already.

AddedArticle 11 – paragraph 3 – subparagraph 2: Member States shall ensure that the competent national authorities confirm receipt of the information referred to in the first subparagraph to the new employer and to the third-country national.

RemovedArticle 11 – paragraph 3 – subparagraph 2: deleted

AddedArticle 11 – paragraph 3 – subparagraph 2 a (new): Within the period of validity referred to in paragraph 1, Member States may require that the change of employer be subject to a check of the labour market situation only where: / (a) the change of employer involves a change of sector for the single permit holder; and / (b) the Member State, in general, carries out checks on the labour market situation for applications for single permits.

RemovedNo labour market test should be applied to third-country nationals who are already holders of a single permit and thus have been admitted to the territory of the MS already.

AddedArticle 11 – paragraph 3 – subparagraph 2 b (new): On the basis of such a labour market check, the Member State may, within a period of 30 days from the date on which the change of employer has been communicated, refuse the change of employer.

Change 71

ChangedArticle 11 – paragraph 4: 4.3 In– thesubparagraph event2 ofc unemployment(new): ofWhere the single permit holder, andMember inState orderdoes tonot allowrefuse the holder tochange findwithin alternative30 employment,days, the single permit shall not be withdrawn for a periodchange of at leastemployer nineshall monthsbe duringconsidered whichapproved periodand the third-country national shall be allowed to remainsingle onpermit theholder territorymay ofstart the Member Statenew concerned.employment.

Change 72

ChangedIn orderArticle to11 provide– aparagraph realistic4: time4. frameIn withinthe whichevent aof singleunemployment permitof holderthe cansingle findpermit newholder, employment,and shouldin heorder orto sheallow becomethe unemployed,holder heto orfind shealternative mustemployment, bethe allowedsingle topermit remainshall onnot thebe territorywithdrawn for nine months aftera becomingperiod unemployed.of Thisat shouldleast applynine evenmonths ifduring thewhich period of validity of the single permit would normally expirethird duringcountry thisnational period.shall Thebe periodallowed ofto nineremain monthson isthe isterritory inof linethe withMember theState Studentsconcerned and Researchersto Directive.seek employment.

Change 73

ChangedArticle 13 – paragraph 1: 1. Member States shall, in cooperation with the social partners, provide for measures to prevent possible infringements by employers of the rightsright protectedto equal treatment of third-country workers and the provisions adopted pursuant to Article 12. Preventive measures shall include monitoring, risk assessmentsassessment and inspectionsinspections, particularly in sectors that have been identified through a risk assessment as at high risk of labour rights violations, in accordance with national law or administrative practice.

Change 74

RemovedInclude a role for social partners in monitoring and inspections. Otherwise, linguistic changes for clarity.

AddedArticle 13 – paragraph 2: 2. Member States shall lay down rules establishing the penalties to be imposed where employers are found to have infringed the rights of third-country workers protected under the provisions adopted pursuant to Article 12. Those penalties 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.

RemovedArticle 13 – paragraph 2: 2. Member States shall lay down rules establishing the penalties to be imposed where employers are found to have infringed the rights of the third-country workers protected pursuant to Article 12. Those penalties 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.

AddedArticle 13 – paragraph 2 a (new): 2a. Where it is established that a single permit holder has experienced a serious violation of his or her rights as a result of the conduct of his or her employer, Member States shall extend the validity of the single permit for a period of twelve months, with full access to the labour market, to enable him or her to seek and find alternative employment.

RemovedArticle 13 – paragraph 2 a (new): 2a. Where it is established that a single permit holder has experienced a serious violation of his or her rights as a result of the conduct of his or her employer, Member States shall grant that single permit holder a transitional single permit, to enable him or her to seek and find alternative employment. That transitional single permit shall have a period of validity of at least twelve months from the date on which it is issued.

AddedArticle 13 – paragraph 3: 3. Member States shall ensure that services in charge of inspection of labour or other competent authorities have access, without prior notice, to the work place and - where provided for under national law in respect of national workers - that organisations representing workers’ interests, in particular trade unions, have such access to the workplace. With the consent of the third-country worker, and where applicable, that access shall include access to accommodation.

RemovedSingle permit holders should not be discouraged from bringing complaints against an employer for fear of having the single permit withdrawn. Where a single permit holder suffers serious violation of their rights (labour exploitation), then the MS should issue a transitional permit of at least one year to allow that single permit holder to transit to alternative employment. Such a scheme already exists in some MS today.

AddedArticle 14 – paragraph 1 – introductory part: 1. Member States shall ensure that there are accessible, timely and effective mechanisms through which third-country workers may lodge complaints against their employers:

RemovedArticle 13 – paragraph 3: 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. With the agreement of the third-country worker, and where this is relevant, that access shall include access to the third-country worker’s accommodation.

RemovedWhere the employer provides accommodation for the third country national, it is important that the labour inspectorates or relevant competent authorities, and workers’ organisations have access to the accommodation for monitoring and inspection.

RemovedArticle 14 – paragraph 1 – introductory part: 1. Member States shall ensure that there are timely and effective mechanisms through which third-country workers may lodge complaints against their employers:

Article 14 – paragraph 1 – point a: (a) directly;

Change 75

RemovedThese provisions are cumulative and not alternative. The third option is open to third-country workers where it is open to national workers in the same situation.

AddedArticle 14 – paragraph 1 – point b: (b) through third parties which have, in accordance with the criteria laid down by their national law, practices or applicable collective agreements, a legitimate interest in ensuring compliance with this Directive; and

RemovedArticle 14 – paragraph 1 – point b: (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

Article 14 – paragraph 1 – point c: (c) through a competent authority of the Member State, where provided for under national law in respect of national workers.

Change 76

RemovedRepeating the language of Article 13(3).

AddedArticle 14 – paragraph 2: 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 consent, in any judicial and/or administrative procedures aimed at or leading to enforcing the rights granted to the third-country worker pursuant to this Directive.

RemovedArticle 14 – paragraph 2: 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 consent, in any judicial and/or administrative procedures aimed at enforcing the rights granted to the third-country worker pursuant to this Directive.

AddedArticle 14 – paragraph 3 – introductory part: 3. Member States shall ensure that third-country workers, including those whose employment relationship has come to an end, have the same access as nationals of the Member State where they reside with regard to:

RemovedLinguistic change

AddedArticle 14 – paragraph 3 – point a: (a) measures protecting against dismissal, adverse treatment by the employer, or other adverse consequences as a result of a complaint or process seeking to enforce the rights granted pursuant to this Directive;

RemovedArticle 14 – paragraph 3 – introductory part: 3. Member States shall ensure that third-country workers, including those whose employment contract or employment relationship has come to an end, have the same access as nationals of the Member State where they reside with regard to:

AddedArticle 14 – paragraph 3 – point b: (b) any judicial or administrative procedure, including complaints, mediation or dispute resolution mechanism seeking to enforce the rights granted pursuant to this Directive.

RemovedThe fact that the third-country worker might no longer work for an employer should not preclude her from bringing a complaint against that employer.

RemovedArticle 14 – paragraph 3 – point a: (a) measures protecting against dismissal, adverse treatment by the employer or other adverse consequences as a result of a complaint or process seeking to enforce the rights granted pursuant to this Directive;

RemovedLinguistic changes seeking to clarify the language used and the impact of the measures and procedures referred to.

RemovedArticle 14 – paragraph 3 – point b: (b) any judicial or administrative procedure, including dispute resolution mediation, that seek to enforce the rights granted pursuant to this Directive;

RemovedDispute resolution mediation should be open to third-country workers as it is to national workers.

Article 14 – paragraph 3 – point b a (new): (ba) legal aid and assistance, in accordance with national law.

Change 77

RemovedThird country workers should be entitled to seek legal assistance in the same way as national workers.

AddedArticle 16 – paragraph 1 – introductory part: Each Member State shall make easily accessible to the general public, including in relevant third countries, a regularly updated objective set of information drawing on all available sources:

RemovedArticle 16– introductory part: Each Member State shall make easily accessible to the general public, including in relevant third countries, a regularly updated set of information:

AddedAmendment to parts of the proposal which remain unchanged ('white part') was necessary for pressing reasons relating to the internal logic of the text and because it is inextricably linked to other admissible amendments.

RemovedIt is important that information campaigns target potential single permit applicants and is not addressed solely to the national general public.

Article 16 – paragraph 1 – point a: (a) concerning the conditions of third-country nationals’ admission to and residence in its territory for the purpose of work;

Change 78

RemovedFollowing the language of Article 1(1)(a).

AddedAmendment to parts of the proposal which remain unchanged ('white part') was necessary for pressing reasons relating to the internal logic of the text and because it is inextricably linked to other admissible amendments.

Article 16 – paragraph 1 – point b: (b) on all the documentary evidence needed for an application;

Change 79

ChangedArticle 16 – paragraph 1 – point c: (c) on entry and residence conditions, including the rights, obligations and procedural safeguards, of the third-country nationalsnationals, and their family membersmembers, falling under the scope of this Directive.

Change 80

RemovedIt is also important that information given to the general public, including potential applicants, includes information on the rights of family members.

AddedArticle 17 – paragraph 2: 2. Annually, and for the first time no later than [ ] , Member States shall publish and communicate to the Commission (Eurostat) high-quality and comparable statistics including disaggregated gender and equality data on the volumes of third-country nationals who have applied for a single permit, those who have been granted a single permit, and those whose single permit has been renewed or withdrawn during the previous calendar year, in accordance with Regulation (EC) No 862/2007 of the European Parliament and of the Council55 . Those statistics shall relate to reference periods of one calendar year, be disaggregated by type of decision, reason, length of validity and citizenship and gender and be transmitted within six months after the end of the reference period.

RemovedArticle 17 – paragraph 2: 2. Annually, and for the first time no later than [ ] , Member States shall communicate to the Commission (Eurostat) statistics on the volumes of third-country nationals who have applied for a single permit, those who have been granted a single permit, those whose single permit has been renewed or withdrawn, and any transitional single permits issued, during the previous calendar year, in accordance with Regulation (EC) No 862/2007 of the European Parliament and of the Council55 . Those statistics shall relate to reference periods of one calendar year, be disaggregated by type of decision, reason, length of validity and citizenship and be transmitted within six months after the end of the reference period.

AddedAmendment to parts of the proposal which remain unchanged ('white part') was necessary for pressing reasons relating to the internal logic of the text and because it is inextricably linked to other admissible amendments.

RemovedIt is important to have detailed statistics on single permit applications, those granted, those withdrawn or renewed and on any transitional permits granted to allow for a proper analysis of the effectiveness of this Directive.

AddedArticle 17 – paragraph 2 a (new): 2a. The Commission shall adopt, by means of an implementing act, a common template for data collected pursuant to paragraph 2.

AddedAmendment to parts of the proposal which remain unchanged ('white part') was necessary for pressing reasons relating to the internal logic of the text and because it is inextricably linked to other admissible amendments.