Procedure : 2013/0124(COD)
Document stages in plenary
Document selected : A7-0386/2013

Texts tabled :

A7-0386/2013

Debates :

PV 11/03/2014 - 20
CRE 11/03/2014 - 20

Votes :

PV 12/03/2014 - 8.17
CRE 12/03/2014 - 8.17

Texts adopted :

P7_TA(2014)0224

REPORT     ***I
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14 November 2013
PE 516.670v03-00 A7-0386/2013

on the proposal for a directive of the European Parliament and of the Council on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers

(COM(2013)0236 – C7-0114/2013 – 2013/0124(COD))

Committee on Employment and Social Affairs

Rapporteur: Edit Bauer

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 OPINION of the Committee on Women's Rights and Gender Equality
 PROCEDURE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a directive of the European Parliament and of the Council on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers

(COM(2013)0236 – C7-0114/2013 – 2013/0124(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to Parliament and the Council (COM(2013)0236),

–   having regard to Article 294(2) and Article 46 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0114/2013),

–   having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–   having regard to the opinion of the European Economic and Social Committee of 19 September 2013(1),

–   having regard to Rule 55 of its Rules of Procedure,

–   having regard to the report of the Committee on Employment and Social Affairs and the opinion of the Committee on Women's Rights and Gender Equality (A7-0386/2013),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment  1

Proposal for a directive

Recital 1

Text proposed by the Commission

Amendment

(1) The free movement of workers is a fundamental freedom of EU citizens and one of the pillars of the internal market in the Union enshrined in Article 45 of the Treaty on the Functioning of the European Union. Its implementation is further developed by Union law aimed at guaranteeing the full exercise of rights conferred on Union citizens and the members of their families.

(1) The free movement of workers is a fundamental freedom of EU citizens and one of the pillars of the internal market in the Union enshrined in Article 45 of the Treaty on the Functioning of the European Union. Its implementation is further developed by Union law aimed at guaranteeing the full exercise of rights conferred on Union citizens and the members of their families, as defined in Article 2(2) of Directive 2004/38/EC of the European Parliament and of the Council27a. It is essential to ensure that this fundamental freedom always takes into consideration the principle of equality between women and men and the promotion of equal opportunities across the Union.

 

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27a Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ L 158, 30.4.2004, p. 77).

Amendment  2

Proposal for a directive

Recital 2

Text proposed by the Commission

Amendment

(2) The free movement of workers is also a key element to the development of a genuine Union labour market, allowing workers to move from high unemployment areas to areas where there are labour shortages, helping more people find posts better suited to their skills and overcoming bottlenecks in the labour market.

(2) The free movement of workers is also a key element to the development of a genuine Union labour market, allowing workers to move to areas where there are labour shortages or offering more employment opportunities, helping more people find posts better suited to their skills and overcoming bottlenecks in the labour market.

Amendment  3

Proposal for a directive

Recital 3

Text proposed by the Commission

Amendment

(3) The free movement of workers gives every citizen the right to move freely to another Member State to work and reside there for that purpose. It protects them against discrimination on the grounds of nationality as regards employment, remuneration and other working conditions by ensuring their equal treatment in comparison to nationals of that Member State. It needs to be distinguished from the freedom to provide services, which includes the right of undertakings to provide services in another Member State, for which they may send (‘post’) their own workers to another Member State temporarily to carry out the work necessary to provide these services there.

(3) The free movement of workers gives every citizen the right to move freely to another Member State to work and reside there for that purpose. It protects them against discrimination on the grounds of nationality as regards employment, remuneration and other working conditions, including dismissal, tax and social advantages, by ensuring their equal treatment, under national law or collective agreements, in comparison to nationals of that Member State. Such rights should be enjoyed without discrimination by permanent, seasonal and frontier workers whose place of work and place of residence are located in different Member States and by those who pursue their activities for the purpose of providing services (“EU workers”). It needs to be distinguished from the freedom to provide services, which includes the right of undertakings to provide services in another Member State, for which they may send (‘post’) their own workers to another Member State temporarily to carry out the work necessary to provide these services there.

Amendment  4

Proposal for a directive

Recital 4

Text proposed by the Commission

Amendment

(4) With respect to workers and workers' families exercising their right to free movement, Article 45 of the Treaty confers substantial rights for the exercise of this fundamental freedom, specified in Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union28.

(4) Free of movement for workers has an important impact on family life and the educational and professional choices of EU workers and their partners. With respect to EU workers and EU workers' families exercising their right to free movement, Article 45 of the Treaty confers substantial rights for the exercise of this fundamental freedom, specified in Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 201128 and Directive 2004/38/EC. When applying Regulation (EU) 492/2011, Directive 2004/38/EC and this Directive, Member States should not discriminate against EU workers or the members of their families on any ground listed under Article 21 of the Charter of Fundamental Rights of the European Union, including that of sexual orientation.

_____________

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28 OJ L 141, 27.5.2011, p. 1.

28 Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (OJ L 141, 27.5.2011, p. 1).

Amendment  5

Proposal for a directive

Recital 4 a (new)

Text proposed by the Commission

Amendment

 

(4a) Member States should ensure mutual recognition of various legal partnerships and their rights in order to avoid discrimination on the ground of sexual orientation or personal choices of migrant workers. Member States should also ensure that the rights of people adopting a child are respected so that they are not prevented from moving to another Member State for the purposes of work.

Amendment 6

Proposal for a directive

Recital 5

Text proposed by the Commission

Amendment

(5) However, the effective exercise of the freedom of movement of workers is still a major challenge and many workers are very often unaware of their rights to free movement. They still suffer from discrimination on the grounds of nationality when moving across European Union borders of the Member States. There is, therefore, a gap between the legislation and its application in practice that needs to be addressed.

(5) However, the effective exercise of the freedom of movement of workers is still a major challenge and many workers, employers and public administration are very often unaware of rights to free movement of EU workers. EU workers still suffer from discrimination on the grounds of nationality and, with regard to frontier workers, from discrimination based on residence, when moving across European Union borders of the Member States. There is, therefore, a gap between the legislation and its application in practice that needs to be addressed.

Amendment  7

Proposal for a directive

Recital 6

Text proposed by the Commission

Amendment

(6) In July 2010, in its Communication on 'Reaffirming the free movement of workers: rights and major developments‘29 the Commission pointed out that it will explore ways of tackling the new needs and challenges (in particular in the light of new patterns of mobility) facing EU migrant workers and their family members, and in the context of the new strategy for the single market will consider how to promote and enhance mechanisms for the effective implementation of the principle of equal treatment for EU workers and members of their families exercising their right to free movement.

(6) In July 2010, in its Communication on " Reaffirming the free movement of workers: rights and major developments"29 the Commission pointed out that it will explore ways of tackling the new needs and challenges (in particular in the light of new patterns of mobility) facing EU workers and their family members, and in the context of the new strategy for the single market will consider how to promote and enhance mechanisms for the effective implementation of the principle of equal treatment for EU workers and members of their families exercising their right to free movement.

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29 COM(2010) 373 final of 13 July 2010

29 COM(2010) 373 final of 13 July 2010

Amendment  8

Proposal for a directive

Recital 6 a (new)

Text proposed by the Commission

Amendment

 

(6a) On 15 December 2011, the European Parliament adopted a resolution on freedom of movement for workers within the European Union, in which it clearly called for measures that would ensure the application of this right to Union citizens for the benefit of the Union as a whole and in order to speed up the completion of the single market and the creation of a Union labour market.

Amendment  9

Proposal for a directive

Recital 7

Text proposed by the Commission

Amendment

(7) In the 2010 EU Citizenship Report ‘Dismantling the obstacles to EU citizens rights’ of 27 October 201030 , the Commission identified the divergent and incorrect application of Union law on the right to free movement as one of the main obstacles that Union citizens are confronted with in the effective exercise of their rights under Union law. Accordingly, the Commission announced its intention to take action to ‘facilitate free movement of EU citizens and their third-country national family members by enforcing EU rules strictly, including on non-discrimination, by promoting good practices and increased knowledge or EU rules on the ground and by stepping up the dissemination of information to EU citizens about their free movement rights’ (action 15 of the 2010 EU Citizenship Report).

(7) In the 2010 EU Citizenship Report "Dismantling the obstacles to EU citizens rights" of 27 October 201030, the Commission identified the divergent and incorrect application of Union law on the right to free movement as one of the main obstacles that Union citizens are confronted with in the effective exercise of their rights under Union law. Non-recognition of qualifications from other Member States is also an obstacle. Accordingly, the Commission announced its intention to take action to "facilitate free movement of EU citizens and their third-country national family members by enforcing EU rules strictly, including on non-discrimination, by promoting good practices and increased knowledge or EU rules on the ground and by stepping up the dissemination of information to EU citizens about their free movement rights"(action 15 of the 2010 EU Citizenship Report) and relevant provisions of other legislation. Additionally the Commission, in its 2013 EU Citizenship report5,addressed the need to remove administrative hurdles and simplify procedures for EU citizens living, working and travelling in the Union. The availability of instruments facilitating citizens' access to their rights of free movement, on a non-discriminatory basis, should be an integral element of this process.

 

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30 COM(2010)603

30 COM(2010)603

 

30a COM(2013)0269

Amendment  10

Proposal for a directive

Recital 8

Text proposed by the Commission

Amendment

(8) In its Employment package of 18 April 2012 (Communication from the Commission Towards a job-rich recovery)31 , the Commission announced its intention to present a legislative proposal (information and advice) in order to support mobile workers in the exercise of rights derived from the Treaty and Regulation 492/2011 on freedom of movement for workers within the Union.

(8) In its Employment package of 18 April 2012 (Communication from the Commission "Towards a job-rich recovery")31, the Commission announced its intention to "present a legislative proposal (information and advice) in order to support mobile workers in the exercise of rights derived from the Treaty and Regulation 492/2011 on freedom of movement for workers within the Union" and urged Member States to raise awareness of and access to rights conferred by Union law in relation to anti-discrimination, gender equality and free movement of workers and to open and facilitate access by EU citizens to public sector posts in accordance with Union law, as interpreted by the Court of Justice of the European Union. The Commission also urged Member States to ensure the full application of Directive 2006/54/EC with respect to the implementation of the principle of equal opportunities and equal treatment of men and women with respect to employment and occupation.

_________________

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31 COM(2012) 173 final of 18 April 2012

31 COM(2012) 173 final of 18 April 2012

Amendment  11

Proposal for a directive

Recital 9

Text proposed by the Commission

Amendment

(9) Adequate and effective application and enforcement are key elements in protecting the rights of workers, whereas poor enforcement undermines the effectiveness of the Union rules applicable in this area.

(9) Adequate, effective application of European law and enforcement measures as well as awareness of rights are key elements in protecting the rights of workers and ensuring equality of treatment, whereas poor enforcement of Article 45 TFEU and of Regulation (EU) No 492/2011 undermines the effectiveness of the Union rules applicable in this area and endangers the rights and protection of EU workers. To that end, the Union should act in a well-balanced manner, avoiding the potential legislative loopholes. The legislation should respond to the rights and responsibilities of both employer and employee.

Amendment  12

Proposal for a directive

Recital 10

Text proposed by the Commission

Amendment

(10) A more effective and uniform application of rights conferred by Union rules on free movement of workers is also necessary for the proper functioning of the internal market.

(10) A more effective and uniform application of rights conferred by Union rules on free movement of workers without fragmentation of the concerned groups is also necessary for the proper functioning of the internal market.

Amendment  13

Proposal for a directive

Recital 11

Text proposed by the Commission

Amendment

(11) The application and monitoring of the Union rules on free movement should be improved to ensure workers are better informed about their rights, to assist and to protect them in the exercise of those rights, and to combat circumvention of these rules by public authorities and public or private employers.

(11) The application and monitoring of the Union rules on free movement of workers should be improved to ensure that workers, employers and their representatives as well as administration are better informed about free movement rights, to assist and to protect workers and their families in the exercise of those rights, and to combat circumvention of these rules by public authorities and public or private employers. In that context Member States should also focus on the effects of increased mobility, such as 'brain drain' and 'youth drain'. To that end, Council Directive 91/533/EEC31a should be implemented and monitored consistently. In addition, workers should be provided with information about their rights by Member States.

 

_________________

 

31a Council Directive 91/533/EEC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ L 288, 18.10.1991, p. 32).

Amendment  14

Proposal for a directive

Recital 11 a (new)

Text proposed by the Commission

Amendment

 

(11a) The Commission should consider an optional, voluntary, individual and overarching "29th regime" to complement national social security systems in order to make full use of the labour market and facilitating the mobility of EU citizens and residents.

Amendment  15

Proposal for a directive

Recital 12

Text proposed by the Commission

Amendment

(12) In order to ensure the correct application of, and to monitor compliance with, the substantive rules concerning workers' rights to free movement for work purposes, Member States should take the appropriate measures to protect them against both discrimination on grounds of nationality and any unjustified obstacle to the exercise of that right.

(12) In order to ensure the correct application of, and to monitor compliance with, the substantive rules concerning workers' rights to free movement and equality of treatment for work purposes, Member States should take the appropriate measures to protect EU workers against both discrimination on grounds of nationality and any unjustified obstacle to the exercise of that right, including instances of double taxation.

Amendment  16

Proposal for a directive

Recital 13a (new)

Text proposed by the Commission

Amendment

 

(13a) In accordance with numerous rulings of the Court of Justice31b, derogations from the fundamental principle of free movement of workers based on Art 45(4) TFEU should be limited to posts involving direct or indirect exercise of powers conferred by public law and to duties designed to safeguard the general interest of the State. Member States should specify which jobs are restricted to their own nationals under Article 45(4) TFEU.

 

__________________

 

31b such as, Case C-225/85 Commission v Italy [1987] ECR 2625; Case C-47/02 Albert Anker and Others v Bundesrepublik Deutschland [2003] ECR I-10471; Case C-149/79 Commission v Belgium [1980] ECR I-03881.

Amendment  17

Proposal for a directive

Recital 14

Text proposed by the Commission

Amendment

(14) In this context, workers who have been subject to discrimination on the grounds of nationality, or to any unjustified restriction in exercising their right to free movement, should have adequate and effective means of legal protection and redress. When Member States only provide for administrative procedures they shall ensure that any administrative decision may be challenged before a tribunal in the sense of Article 47 of the Charter.

(14) In this context, EU workers who have been subject to discrimination on the grounds of nationality, or to any unjustified restriction in exercising their right to free movement, must be granted with adequate and effective means of legal protection and redress. Member States should take measures to guarantee real and effective judicial protection, including measures to have a real deterrent effect on the employer. When Member States only provide for administrative procedures they shall ensure that any administrative decision may be challenged before a tribunal in the sense of Article 47 of the Charter. Member States should ensure that employers do not prevent workers from exercising their rights in the context of judicial or administrative procedures of this kind. Member States should also ensure, in accordance with national law and practices that necessary mechanisms are in place to ensure that workers are able to claim and receive adequate compensation in relation to the damage sustained.

Amendment  18

Proposal for a directive

Recital 15

Text proposed by the Commission

Amendment

(15) To provide more effective levels of protection, associations and legal entities should also be empowered to engage, as the Member States determine, on behalf of or in support of any victim in proceedings, without prejudice to national rules of procedure concerning representation and defense before the courts.

(15) To provide more effective levels of protection, trade unions, associations, organisations or other relevant legal entities that have the capacity torepresent the legal or collective interest of workers should also be empowered to engage, in accordance with national law and practices, on behalf of or in support of any victim in proceedings, without prejudice to national rules of procedure concerning representation and defence before the courts. Member States should be encouraged to implement the Commission Recommendation of 11 June 2013 on common principles for injunctive and compensatory collective redress mechanisms in the Member States concerning violations of rights granted under Union law, and to facilitate the operation of its mechanism to protect workers efficiently.

Amendment  19

Proposal for a directive

Recital 16

Text proposed by the Commission

Amendment

(16) In relation to time limits foreseen in Articles 3(2) and 4(2) and in accordance with the case law of the European Court of Justice32 these time limits should be such that they cannot be regarded as capable of rendering virtually impossible or excessively difficult the exercise of rights conferred by Union law,

(16) In relation to time limits foreseen in Articles 3(2) and 4(2) and in accordance with the case law of the European Court of Justice32 these time limits should be such that they cannot be regarded as capable of rendering virtually impossible or excessively difficult the exercise of rights conferred by Union law. Where there is proof of intentional behaviour to hinder the exercise of rights conferred by Union law, appropriate penalties should be imposed.

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32 Judgement of 16th May 2000 in case C-78/98 Preston ECR 2000 p. I-03201.

32 Judgement of 16th May 2000 in case C-78/98 Preston ECR 2000 p. I-03201.

Amendment  20

Proposal for a directive

Recital 17

Text proposed by the Commission

Amendment

(17) Protection against discrimination based on the grounds of nationality would itself be strengthened by the existence of organisations in each Member State with competence to promote equal treatment, to analyse the problems involved in citizen's cases, to study possible solutions and to provide specific assistance to Union workers exercising their right to free movement.

(17) Protection against discrimination based on the grounds of nationality would itself be strengthened by the existence of independent and effective organisations in each Member State with competence to promote equal treatment, to analyse the problems involved in citizen's cases, to study possible solutions and to provide specific assistance to EU workers exercising their right to free movement.

Amendment  21

Proposal for a directive

Recital 18

Text proposed by the Commission

Amendment

(18) It is up to each Member State to decide whether the tasks referred to in Article 5 of this Directive are attributed to an already existing body covering a wider range of discrimination grounds. In the case the tasks under Article 5 will be covered by expanding the mandate of an already existing body or structure, the Member State should ensure allocation of sufficient resources to the existing body for the performance of additional tasks in order to ensure that the performance of already existing tasks of these bodies will not suffer.

(18) Member States are encouraged to attribute the tasks referred to in Article 5 of this Directive to an already existing equality body designated in accordance with Article 13 of Directive 2000/43/EC or covering a wider range of discrimination grounds. In the case the tasks under Article 5 will be covered by expanding the mandate of an already existing body or structure, the Member State should ensure allocation of sufficient additional resources to the existing body for the performance of additional tasks in order to ensure the effective and adequate provision of all functions of the body and in particular that the performance of already existing tasks of these bodies will not suffer.

Amendment  22

Proposal for a directive

Recital 18 a (new)

Text proposed by the Commission

Amendment

 

(18a) The Commission and Member States are encouraged to establish a European network of national contact points in order to exchange best practices and to improve cooperation among Member States in the facilitation of free movement of workers.

Amendment  23

Proposal for a directive

Recital 18b (new)

Text proposed by the Commission

Amendment

 

(18b) Structures, bodies and national contact points are encouraged to cooperate with bodies and organisations with responsibility for coordination arrangements under Regulation (EC) No 883/2004 of the European Parliament and of the Council32b . They should also cooperate with labour inspectorates, where applicable.

 

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32b 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).

Amendment  24

Proposal for a directive

Recital 19

Text proposed by the Commission

Amendment

(19) Member States should ensure the promotion of synergies with existing information and support tools at the Union level and to this end they should ensure that existing or newly created bodies are aware, make use of and co-operate with the existing information and assistance services, such as Your Europe, SOLVIT, EURES, Enterprise Europe Network and the Points of Single Contact.

(19) Member States should ensure the promotion of synergies with existing information and support tools at the Union level and to this end they should ensure that existing or newly created bodies are aware, make use of and co-operate with the existing information and assistance services, such as Your Europe, SOLVIT, EURES, including EURES cross-border partnerships, Enterprise Europe Network and the Points of Single Contact. Member States should also ensure the cooperation with existing information and assistance services provided by social partners, associations, organisations or other relevant legal entities, such as labour inspectorates, where relevant.

Amendment  25

Proposal for a directive

Recital 20

Text proposed by the Commission

Amendment

(20) Member States should promote dialogue with non-governmental organisations and between social partners to address and combat different forms of discrimination on the grounds of nationality.

(20) Member States should promote dialogue with the social partners and appropriate non-governmental organisations to address and combat all different forms of discrimination on the grounds of nationality.

Amendment  26

Proposal for a directive

Recital 21

Text proposed by the Commission

Amendment

(21) Member States should make information about employment terms and conditions more widely available to workers from other Member States, to employers and to other interested parties.

(21) Member States should ensure that information about matters falling within the scope of this Directive and the enforcement of the rights laid down in this Directive is more widely available to workers from other Member States, to employers, trade unions and other relevant interested parties.

Amendment  27

Proposal for a directive

Recital 21a (new)

Text proposed by the Commission

Amendment

 

(21a) Member States should provide, upon request, information about rights of free movement to their citizens who wish to benefit therefrom. In facilitating the smooth flow and exchange of information, Member States are encouraged to make use of the European network of national contact points.

Amendment  28

Proposal for a directive

Recital 22

Text proposed by the Commission

Amendment

(22) Member States should establish how employers, workers and other people can be provided with easily accessible, relevant information on the provisions of this Directive and the relevant provisions of Regulation (EU) No 492/2011. This information should also be easily accessible through Your Europe and EURES.

(22) Member States should establish how employers, workers, trade unions and other interested parties can be provided with easily accessible, relevant information on provisions of this Directive and the relevant provisions of Regulation (EU) No 492/2011, including information about the structure or body designated under this Directive to promote, analyse, monitor and support equal treatment. This information could be provided by individual counselling and should also be easily accessible through Your Europe and EURES.

Amendment  29

Proposal for a directive

Recital 22a (new)

Text proposed by the Commission

Amendment

(22a) Member States should ensure that officials responsible for the application of Regulation (EU) No 492/2011 and this Directive are adequately trained.

Amendment  30

Proposal for a directive

Recital 22 b (new)

Text proposed by the Commission

Amendment

 

(22b) In order to facilitate the enforcement of the rights granted under Union law, pay slips issued to workers in accordance with national law or practices should be verifiable and readily understandable.

Amendment  31

Proposal for a directive

Recital 23

Text proposed by the Commission

Amendment

(23) This Directive lays down minimum requirements, thus giving the Member States the option of introducing or maintaining more favourable provisions. Member States also have the possibility to extend the competencies of the organisations entrusted with tasks related to the protection of Union migrant workers against discrimination on grounds of nationality so as to cover the right to equal treatment without discrimination on grounds of nationality of all Union citizens and their family members exercising their right to free movement, as enshrined in Article 21 TFEU and Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States33. The implementation of the present Directive should not serve to justify any regression in relation to the situation which already prevails in each Member State.

(23) This Directive lays down minimum requirements, thus giving the Member States the option of introducing or maintaining more favourable provisions. Member States also have the possibility to extend the competencies of the organisations entrusted with tasks related to the protection of EU workers working in another Member States against discrimination on grounds of nationality so as to cover the right to equal treatment without discrimination on grounds of nationality of all Union citizens and their family members exercising their right to free movement, as enshrined in Article 21 TFEU and Directive 2004/38/EC of the European Parliament and of the Council33. The implementation of the present Directive should not serve to justify any regression in relation to the situation which already prevails in each Member State.

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33 OJ L 158, 30.4.2004

33 Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (OJ L 158, 30.4.2004).

Amendment  32

Proposal for a directive

Recital 24 a (new)

Text proposed by the Commission

Amendment

 

(24a) Member States should also adopt laws, regulations and administrative provisions necessary to remove any kind of discrimination and obstacle to equal treatment and free movement within its scope.

Amendment  33

Proposal for a directive

Recital 27 a (new)

Text proposed by the Commission

Amendment

 

(27a) The Directive respects the different labour market models of the Member States, including labour market models regulated by collective agreements.

Amendment  34

Proposal for a directive

Article 1 – paragraph 1

Text proposed by the Commission

Amendment

This Directive lays down provisions facilitating uniform application and enforcement in practice of rights conferred by Article 45 of the Treaty on the Functioning of the European Union (TFEU) and by provisions of Articles 1 to 10 of Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union.

This Directive lays down provisions facilitating uniform application and enforcement in practice of rights conferred by Article 45 of the Treaty on the Functioning of the European Union (TFEU) and by provisions of Articles 1 to 10 of Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union, including frontier workers, without discrimination based on residence.

Amendment  35

Proposal for a directive

Article 2 – point b

Text proposed by the Commission

Amendment

(b) conditions of employment and work, in particular as regards remuneration and dismissal;

(b) conditions of employment and work, in particular as regards remuneration, dismissal and health and safety at work;

Amendment  36

Proposal for a directive

Article 2 – point ba (new)

Text proposed by the Commission

Amendment

 

(ba) conditions of reinstatement or reemployment;

Amendment  37

Proposal for a directive

Article 2 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) membership of trade unions;

(d) membership of trade unions, bodies responsible for collective bargaining and collective measures, and other work-related bodies;

Amendment  38

Proposal for a directive

Article 2 – paragraph 1 – point e

Text proposed by the Commission

Amendment

(e) access to training;

(e) access to training and further training;

Amendment  39

Proposal for a directive

Article 2 – paragraph 1 – point g

Text proposed by the Commission

Amendment

(g) access to education for workers' children.

(g) access to education, including early childhood education;

Amendment  40

Proposal for a directive

Article 2 – paragraph 1 – point ga (new)

Text proposed by the Commission

Amendment

 

(ga) access to public employment services, including those that are privately-provided;

Amendment  41

Proposal for a directive

Article 2 – paragraph 1 – point g b (new)

Text proposed by the Commission

Amendment

 

(gb) benefits and programmes intended to foster integration and mobility.

Amendment  42

Proposal for a directive

Article 3 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall ensure that judicial and/or administrative procedures, including where they deem it appropriate, conciliation procedures, for the enforcement of the obligations under Article 45 of the Treaty and Articles 1 to 10 of Regulation (EU) No 492/2011, are available to all workers and members of their families who consider they have suffered or are suffering from unjustified restrictions to their right to free movement or consider themselves wronged by failure to apply the principle of equal treatment to them, even after the relationship in which the discrimination is alleged to have occurred has ended.

1. Member States shall ensure that judicial and/or administrative procedures, including where they deem it appropriate, conciliation procedures, for the enforcement of the obligations under Article 45 of the Treaty and Articles 1 to 10 of Regulation (EU) No 492/2011, are put in place and available to all workers and members of their families who consider they have suffered or are suffering from discrimination or from unjustified restrictions, including instances of double taxation, to their right to free movement or consider themselves wronged by failure to apply the principle of equal treatment to them, even after the relationship in which the discrimination is alleged to have occurred has ended.

Amendment  43

Proposal for a directive

Article 3 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1a. Member States shall ensure that workers initiating judicial or administrative proceedings shall not receive any unfavourable treatment by their employer as a consequence of such action.

Amendment  44

Proposal for a directive

Article 3 – paragraph 2

Text proposed by the Commission

Amendment

2. Paragraph 1 shall apply without prejudice to national rules on time limits for enforcement of those rights. These time limits shall be such that they cannot be regarded as capable of rendering virtually impossible or excessively difficult the exercise of rights conferred by Union law.

2. Paragraph 1 shall apply without prejudice to national rules on time limits for enforcement of those rights. These time limits shall be such that they cannot be regarded as capable of rendering virtually impossible or significantly difficult the exercise of rights conferred by Union law.

Amendment  45

Proposal for a directive

Article 4 – Title

Text proposed by the Commission

Amendment

Action of associations, organisations or other legal entities

Action of social partners, associations, organisations or other legal entities

Amendment  46

Proposal for a directive

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall ensure that associations, organisations or other legal entities, which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that the provisions of this Directive are complied with, may engage, either on behalf of or in support of the worker and members of his/her family, with his/her approval, in any judicial and/or administrative procedure provided for the enforcement of rights under Article 45 of the Treaty and Articles 1 to 10 of Regulation (EU) No 492/2011.

1. Member States shall ensure that social partners, associations, organisations or other legal entities, which have, in accordance with the criteria laid down by their national law, collective agreements or national practices, a legitimate interest in ensuring that the provisions of this Directive are complied with, have the right to engage, either on behalf of or in support of the worker and members of his/her family, with his/her approval without prejudice to national practices, or, where applicable, on behalf of a collective interest, in any judicial and/or administrative procedure provided for the enforcement of rights under Article 45 of the Treaty and Articles 1 to 10 of Regulation (EU) No 492/2011.

Amendment  47

Proposal for a directive

Article 4 – paragraph 2

Text proposed by the Commission

Amendment

2. Paragraph 1 shall apply without prejudice to national rules on time limits for enforcement of those rights. These time limits shall be such that they cannot be regarded as capable of rendering virtually impossible or excessively difficult the exercise of rights conferred by Union law.

2. This Article shall apply without prejudice to national rules on time limits for enforcement of those rights. These time limits shall be such that they cannot be regarded as capable of rendering virtually impossible or excessively difficult the exercise of rights conferred by Union law.

Amendment  48

Proposal for a directive

Article 5 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall designate a structure, a body or bodies for the promotion, analysis, monitoring and support of equal treatment of all workers or members of their families without discrimination on grounds of nationality and make the necessary arrangements for functioning of such bodies. These bodies may form part of agencies at a national level with similar objectives but covering a wider range of discrimination grounds. In that case, the Member State shall ensure allocation of sufficient resources to the existing body for the performance of additional tasks in order to ensure that the performance of already existing tasks of these bodies will not suffer.

1. Member States shall designate one or more structures or bodies for the promotion, analysis, monitoring and support of equal treatment of all workers or members of their families without discrimination on grounds of nationality and make the necessary arrangements for functioning of such bodies. Member States shall ensure that all workers have access to those bodies. These bodies may form part of existing agencies or bodies at a national level with similar objectives but covering a wider range of discrimination grounds. In that case, the Member State shall ensure allocation of sufficient resources to the existing body for the performance of additional tasks in order to ensure the effective and adequate provision of all functions of the body and in particular that the performance of already existing tasks of these bodies will not suffer.

Amendment  49

Proposal for a directive

Article 5 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. Member States shall ensure that the competences of these bodies include:

2. Member States shall ensure, without prejudice to national tasks, practices or competences already carried out by the social partners, that the competences of these bodies include:

Amendment  50

Proposal for a directive

Article 5 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) without prejudice to the right of workers or the members of their family and associations and organisations or other legal entities referred to in Article 4, the provision of independent legal and/or other assistance to workers or the members of their family in pursuing their complaints;

(a) without prejudice to the right of workers or the members of their family and associations and organisations or other legal entities referred to in Article 4, the provision of independent legal and/or other assistance provided free of charge, covering all the relevant aspects of national labour law, in accordance with national laws and practices, to workers or the members of their family in pursuing their complaints;

Amendment  51

Proposal for a directive

Article 5 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b) conducting independent surveys concerning discrimination on the basis of nationality;

(b) conducting independent surveys and analyses concerning discrimination on the basis of nationality;

Amendment  52

Proposal for a directive

Article 5 – paragraph 2 – point d a (new)

Text proposed by the Commission

Amendment

 

(da) informing young graduates and students in their final year of their education, of their rights when working abroad.

Amendment  53

Proposal for a directive

Article 5 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States shall ensure that existing or newly created bodies are aware, make use of and co-operate with the existing information and assistance services at Union level, such as Your Europe, SOLVIT, EURES, Enterprise Europe Network and the Points of Single Contact.

3. Member States shall ensure that existing or newly created bodies are aware, make use of and co-operate with the existing information and assistance services at national level through contact points and at Union level, such as Your Europe, SOLVIT, EURES, Enterprise Europe Network, the Points of Single Contact and the European network of national contact points. Member States shall also ensure cooperation with existing information and assistance services provided by social partners, associations, organisations and other relevant interested legal entities, such as labour inspectorates, where applicable.

Amendment  54

Proposal for a directive

Article 5 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

3a. Member States shall ensure that where the tasks referred to in paragraphs 1 and 2 are allocated to more than one body, responsibilities are adequately delineated between those bodies in order to avoid any overlapping or lack of powers.

Amendment  55

Proposal for a directive

Article 6 – title

Text proposed by the Commission

Amendment

Dialogue

Interest representation and dialogue

Amendment  56

Proposal for a directive

Article 6

Text proposed by the Commission

Amendment

Member States shall encourage dialogue with appropriate non-governmental organisations and the social partners which have, in accordance with their national law and practice, a legitimate interest in contributing to the fight against discrimination on grounds of nationality with a view to promoting the principle of equal treatment.

Member States shall promote dialogue with the social partners and relevant non-governmental organisations which have, in accordance with their national law and practice, a legitimate interest in contributing to the fight against discrimination on grounds of nationality with a view to promoting the principle of equal treatment.

Amendment  57

Proposal for a directive

Article 7 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall ensure that the provisions adopted pursuant to this Directive together with the relevant provisions already in force in Articles 1 to 10 of Regulation (EU) No 492/2011, are brought to the attention of the persons concerned by all appropriate means throughout their territory.

1. Member States shall ensure that the provisions adopted pursuant to this Directive together with the relevant provisions already in force in Articles 1 to 10 of Regulation (EU) No 492/2011, are brought to the attention of the persons concerned, in particular workers and employers, by all appropriate means throughout their territory.

Amendment  58

Proposal for a directive

Article 7 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall provide clear, easily accessible, comprehensive and up-to-date information on the rights conferred by the Union law on free movement of workers. This information should also be easily accessible through Your Europe and EURES.

2. Member States shall provide, through national contact points, clear, free, easily accessible, comprehensive, up-to-date and multilingual information on the rights conferred by Union law concerning the free movement of workers and on available means of protection and redress for those rights. Member States shall ensure that the information is disseminated in a user-friendly way, easily accessible format, and in such a way as to reach as many people as possible. Member States are also encouraged to set up a multilingual website dedicated to information on free movement of workers. This information should also be easily accessible through Your Europe and EURES.

Amendment  59

Proposal for a directive

Article 7 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a. Member States shall provide, upon request, clear, easily accessible, comprehensive and up-to-date information on the rights on free movement of EU workers to its own citizens who wish to enjoy the right to freely move to another Member State.

Amendment  60

Proposal for a directive

Article 8 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States may provide that the competencies of the structures and bodies referred to in Article 5 for the promotion, analysis, monitoring and support of equal treatment of all workers or members of their families without discrimination on grounds of nationality, also cover the right to equal treatment without discrimination on grounds of nationality of all EU citizens and their family members exercising their right to free movement, as enshrined in Article 21 TFEU and Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.

2. Member States shall provide that the competencies of the structures and bodies referred to in Article 5 for the promotion, analysis, monitoring and support of equal treatment of all workers or members of their families without discrimination on grounds of nationality, also cover the right to equal treatment without discrimination on grounds of nationality of all EU citizens and their family members exercising their right to free movement, as enshrined in Article 21 TFEU and Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.

Amendment  61

Proposal for a directive

Article 10 – paragraph 1

Text proposed by the Commission

Amendment

No later than two years after the expiry of the deadline for transposition, the Commission shall report to the European Parliament, the Council and the European Economic and Social Committee on the implementation of this Directive, with a view to proposing where appropriate, the necessary amendments.

No later than two years after the expiry of the deadline for transposition, the Commission shall report to the European Parliament, the Council and the European Economic and Social Committee on the implementation of this Directive, with a view to proposing where appropriate, the necessary amendments or legislative proposals.

Amendment  62

Proposal for a directive

Article 10 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

In its report, the Commission shall pay extra attention to possible difficulties young graduates encounter when moving across the Union, whether on a permanent or temporary basis.

Amendment  63

Proposal for a directive

Article 10 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

 

The Commission shall also analyse the particular difficulties that third-country spouses of workers encounter.

(1)

             OJ C.../Not yet published in the Official Journal


OPINION of the Committee on Women's Rights and Gender Equality (22.10.2013)

for the Committee on Employment and Social Affairs

on the proposal for a directive of the European Parliament and of the Council on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers

(COM(2013)0236 – C7-0114/2013 – 2013/0124(COD))

Rapporteur: Marije Cornelissen

AMENDMENTS

The Committee on Women's Rights and Gender Equality calls on the Committee on Employment and Social Affairs, as the committee responsible, to incorporate the following amendments in its report:

Amendment  1

Proposal for a directive

Recital 1

Text proposed by the Commission

Amendment

(1) The free movement of workers is a fundamental freedom of EU citizens and one of the pillars of the internal market in the Union enshrined in Article 45 of the Treaty on the Functioning of the European Union. Its implementation is further developed by Union law aimed at guaranteeing the full exercise of rights conferred on Union citizens and the members of their families.

(1) The free movement of workers is a fundamental freedom of EU citizens and one of the pillars of the internal market in the Union enshrined in Article 45 of the Treaty on the Functioning of the European Union. Its implementation is further developed by Union law aimed at guaranteeing the full exercise of rights conferred on Union citizens and the members of their families. It is essential to ensure that this fundamental freedom always takes into consideration the principle of equality between women and men and the promotion of equal opportunities across the Union.

Amendment  2

Proposal for a directive

Recital 2

Text proposed by the Commission

Amendment

(2) The free movement of workers is also a key element to the development of a genuine Union labour market, allowing workers to move from high unemployment areas to areas where there are labour shortages, helping more people find posts better suited to their skills and overcoming bottlenecks in the labour market.

(2) The free movement of workers is also a key element to the development of a genuine Union labour market, allowing workers to move to areas offering more employment opportunities, helping more people find posts better suited to their skills and overcoming bottlenecks in the labour market.

Amendment  3

Proposal for a directive

Recital 3 a (new)

Text proposed by the Commission

Amendment

 

(3a) Whereas action needs to be taken by member states in order to eradicate discrimination and inequalities with regard to a female gender pay gap in the European Union labour market.

Amendment  4

Proposal for a directive

Recital 4

Text proposed by the Commission

Amendment

(4) With respect to workers and workers' families exercising their right to free movement, Article 45 of the Treaty confers substantial rights for the exercise of this fundamental freedom, specified in Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union.

(4) The right of free movement of workers, has an important impact on family life and the educational and professional choices of workers and their partners; with respect to workers and workers' families exercising their right to free movement, Article 45 of the Treaty confers substantial rights for the exercise of this fundamental freedom, specified in Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union and Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States. When applying Regulation (EU) 492/2011, Directive 2004/38/EC and this Directive, Member States shall not discriminate workers and the members of their families on any ground listed under Article 21 of the Charter of Fundamental Rights, including sexual orientation.

Amendment  5

Proposal for a directive

Recital 4 a (new)

Text proposed by the Commission

Amendment

(4a) Member States should ensure a mutual recognition of the various legal partnerships and the rights derived thereof in order to avoid any discrimination on the ground of sexual orientation or philosophical choices of migrant workers. Member States should also ensure that rights deriving from the adoption of a child are respected as this is a precondition when considering moving to another Member State for work purpose.

Amendment  6

Proposal for a directive

Recital 5

Text proposed by the Commission

Amendment

(5) However, the effective exercise of the freedom of movement of workers is still a major challenge and many workers are very often unaware of their rights to free movement. They still suffer from discrimination on the grounds of nationality when moving across European Union borders of the Member States. There is, therefore, a gap between the legislation and its application in practice that needs to be addressed.

(5) The effective exercise of the freedom of movement of workers is still a major challenge and many workers are very often unaware of their rights to free movement. They still suffer from discrimination on the grounds of nationality when moving across European Union borders of the Member States. Workers also suffer from exacerbated effects of multiple discriminations on grounds of racial or ethnic origin, religion or belief, disability, age or sexual orientation and sex. There is, therefore, a gap between the legislation and its application in practice that needs to be addressed, as shown by the statistics for citizens' problems resolved in the framework of the SOLVIT European system.

 

This gap also remains for some vulnerable groups such as domestic workers, persons with disabilities, or illiterate persons. Specific measures should therefore be implemented to allow these groups to enjoy their right to work in another Member State.

Amendment  7

Proposal for a directive

Recital 8

Text proposed by the Commission

Amendment

(8) In its Employment package of 18 April 2012 (Communication from the Commission "Towards a job-rich recovery"), the Commission announced its intention to "present a legislative proposal (information and advice) in order to support mobile workers in the exercise of rights derived from the Treaty and Regulation 492/2011 on freedom of movement for workers within the Union".

(8) In its Employment package of 18 April 2012 (Communication from the Commission "Towards a job-rich recovery"), the Commission announced its intention to "present a legislative proposal (information and advice) in order to support mobile workers in the exercise of rights derived from the Treaty and Regulation 492/2011 on freedom of movement for workers within the Union" and urged Member States to raise awareness of rights conferred by EU law regarding anti-discrimination, gender equality and free movement of workers and to open and facilitate access by EU nationals to their public sector posts in accordance with EU law as interpreted by the Court of Justice. The Commission also urged Member States to ensure the full application of Directive 2006/54/EC on the implementation of the principle of equal opportunities and equal treatment of men and women in matter of employment and occupation. In seeking to achieve that objective, the Commission is committed not only to facilitating the mobility of workers within the Union towards regions with a labour shortage, but also to ensuring they can exercise their rights more freely, and preferably to the full.

Amendment  8

Proposal for a directive

Recital 12 a (new)

Text proposed by the Commission

Amendment

 

(12a) Equal pay and working conditions for work of equal value at the same workplace, and in every occupational field – whether the workers are men or women – is a principle that has to be strictly observed, and it is therefore essential to be acquainted with, and abide by, collective labour agreements.

Amendment  9

Proposal for a directive

Recital 13

Text proposed by the Commission

Amendment

(13) To that end it is appropriate to provide specific rules for effective enforcement of the substantive rules governing the freedom of movement of workers, and to facilitate better and more uniform application of Article 45 of the Treaty and of Regulation (EU) No 492/2011.

(13) To that end it is appropriate to provide specific rules for effective enforcement of the substantive rules governing the freedom of movement of workers, and to facilitate better and more uniform application of Article 45 of the Treaty and of Regulation (EU) No 492/2011. In particular, in order to ensure the equal treatment of all EU citizens, Member States should adopt specific measures in respect of the most vulnerable members of society. Targeted measures need to be taken to meet the specific needs of women exercising their right to freedom of movement who are single mothers and/or have disabled children or are caring for elderly relatives.

Amendment  10

Proposal for a directive

Recital 14 a (new)

Text proposed by the Commission

Amendment

(14a) Workers are more likely to have their rights respected if they are organised through interest representation. Member States should facilitate and support the organisation and interest representation of workers from other Member States in particular vulnerable workers such as seasonal workers and domestic workers or sex workers.

Amendment  11

Proposal for a directive

Recital 15

Text proposed by the Commission

Amendment

(15) To provide more effective levels of protection, associations and legal entities should also be empowered to engage, as the Member States determine, on behalf of or in support of any victim in proceedings, without prejudice to national rules of procedure concerning representation and defense before the courts.

(15) To provide more effective levels of protection, associations and legal entities should also be empowered to engage, as the Member States determine, on behalf of or in support of any victim of discrimination in proceedings, without prejudice to national rules of procedure concerning representation and defence before the courts.

Amendment  12

Proposal for a directive

Recital 18

Text proposed by the Commission

Amendment

(18) It is up to each Member State to decide whether the tasks referred to in Article 5 of this Directive are attributed to an already existing body covering a wider range of discrimination grounds. In the case the tasks under Article 5 will be covered by expanding the mandate of an already existing body or structure, the Member State should ensure allocation of sufficient resources to the existing body for the performance of additional tasks in order to ensure that the performance of already existing tasks of these bodies will not suffer.

(18) Member States are encouraged to attribute the tasks referred to in Article 5 of this Directive to an already existing equality body designated in accordance with Article 13 of Directive 2000/43/EC or covering a wider range of discrimination grounds. In the case the tasks under Article 5 will be covered by expanding the mandate of an already existing body or structure, the Member State should ensure allocation of sufficient additional resources to the existing body for the performance of additional tasks in order to ensure the effective and adequate provision of all functions of the body and in particular that the performance of already existing tasks of these bodies will not suffer.

Justification

Based on input by Equinet, European network of equality bodies.

Amendment  13

Proposal for a directive

Recital 21

Text proposed by the Commission

Amendment

(21) Member States should make information about employment terms and conditions more widely available to workers from other Member States, to employers and to other interested parties.

(21) Member States should make all relevant information regarding conditions, and benefits, housing, healthcare security, tax advantages and disincentives for the worker's partner, tax and benefits relating to childcare and pensions' rights widely available and easily accessible in the relevant languages to workers from other Member States, to employers and to other interested parties. Member States should ensure that affordable language courses for workers and their family members are available.

Amendment  14

Proposal for a directive

Recital 22 a (new)

Text proposed by the Commission

Amendment

 

(22a) The effective safeguards provided by labour inspections are an essential means of guaranteeing equal treatment and combating undeclared work, social dumping, and discrimination based not only on nationality, but also on sex, given that migrant women are often discriminated against twice over. The authorities which conduct labour inspections should therefore be equipped with sufficient resources.

Amendment  15

Proposal for a directive

Recital 22 b (new)

Text proposed by the Commission

Amendment

 

(22b) It is, in addition, important to improve cooperation and coordination among labour inspectorates in cross-border regions.

Amendment  16

Proposal for a directive

Recital 23

Text proposed by the Commission

Amendment

(23) This Directive lays down minimum requirements, thus giving the Member States the option of introducing or maintaining more favourable provisions. Member States also have the possibility to extend the competencies of the organisations entrusted with tasks related to the protection of Union migrant workers against discrimination on grounds of nationality so as to cover the right to equal treatment without discrimination on grounds of nationality of all Union citizens and their family members exercising their right to free movement, as enshrined in Article 21 TFEU and Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States. The implementation of the present Directive should not serve to justify any regression in relation to the situation which already prevails in each Member State.

(23) This Directive lays down minimum requirements, thus giving the Member States the option of introducing or maintaining more favourable provisions especially in order to ensure equal opportunities for women and men to make use of the right to free movement. Member States also have the possibility to extend the competencies of the organisations entrusted with tasks related to the protection of Union migrant workers against discrimination on grounds of nationality so as to cover the right to equal treatment without discrimination on grounds of nationality of all Union citizens and their family members exercising their right to free movement, as enshrined in Article 21 TFEU and Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States. The implementation of the present Directive should not serve to justify any regression in relation to the situation which already prevails in each Member State.

Amendment  17

Proposal for a directive

Recital 26

Text proposed by the Commission

Amendment

(26) After a sufficient time of implementation of the Directive has elapsed, the Commission should prepare a report on its implementation, evaluating in particular the opportunity to present any necessary proposal aiming to guarantee a better enforcement of the Union law on free movement.

(26) After a sufficient time of implementation of the Directive has elapsed, the Commission should prepare a report on its implementation, evaluating in particular the opportunity to present any necessary proposal aiming to guarantee a better enforcement of the Union law on free movement. This evaluation should take a gender sensitive approach.

Amendment  18

Proposal for a directive

Recital 27

Text proposed by the Commission

Amendment

(27) This Directive respects the fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union, notably the freedom to choose an occupation and the right to engage in work (Article 15), the right to non-discrimination (Article 21 and in particular Paragraph 2 concerning non-discrimination on the grounds of nationality), the right to collective bargaining and action (Article 28), fair and just working conditions (Article 31), the right to freedom of movement and residence (Article 45) and the right to an effective remedy and a fair trial (Article 47). It has to be implemented in accordance with those rights and principles.

(27) This Directive respects the fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union, notably the freedom to choose an occupation and the right to engage in work (Article 15), the right to non-discrimination (Article 21 and in particular Paragraph 1 concerning non-discrimination on the ground of sex and Paragraph 2 concerning non-discrimination on the grounds of nationality), the right to collective bargaining and action (Article 28), fair and just working conditions (Article 31), the right to freedom of movement and residence (Article 45) and the right to an effective remedy and a fair trial (Article 47). It has to be implemented in accordance with those rights and principles.

Amendment  19

Proposal for a directive

Article 2 – point b

Text proposed by the Commission

Amendment

(b) conditions of employment and work, in particular as regards remuneration and dismissal;

(b) conditions of employment and work, in particular as regards non-discrimination on any ground, remuneration and dismissal;

Amendment  20

Proposal for a directive

Article 2 – point b a (new)

Text proposed by the Commission

Amendment

 

(ba) rights at work;

Amendment  21

Proposal for a directive

Article 2 – point c a (new)

Text proposed by the Commission

Amendment

 

(ca) access to social security including healthcare and unemployment insurance;

Amendment  22

Proposal for a directive

Article 2 – point d

Text proposed by the Commission

Amendment

(d) membership of trade unions;

(d) membership of trade unions and other work-related bodies;

Amendment  23

Proposal for a directive

Article 2 – point g

Text proposed by the Commission

Amendment

(g) access to education for workers' children.

(g) access to education including early childhood education and childcare for workers' children;

Amendment  24

Proposal for a directive

Article 3 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall ensure that judicial and/or administrative procedures, including where they deem it appropriate, conciliation procedures, for the enforcement of the obligations under Article 45 of the Treaty and Articles 1 to 10 of Regulation (EU) No 492/2011, are available to all workers and members of their families who consider they have suffered or are suffering from unjustified restrictions to their right to free movement or consider themselves wronged by failure to apply the principle of equal treatment to them, even after the relationship in which the discrimination is alleged to have occurred has ended.

1. Member States shall ensure that fast-track judicial and/or administrative procedures, including where they deem it appropriate, conciliation procedures, for the enforcement of the obligations under Article 45 of the Treaty and Articles 1 to 10 of Regulation (EU) No 492/2011, are put in place and available to all workers and members of their families who consider they have suffered or are suffering from discrimination or unjustified restrictions to their right to free movement or consider themselves wronged by failure to apply the principle of equal treatment to them, even after the relationship in which the discrimination is alleged to have occurred has ended.

Amendment  25

Proposal for a directive

Article 3 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1a. Member States shall ensure not only the availability of those procedures but shall also be obliged to set up information systems to ensure that workers and their families regardless of their language skills are aware of their existence, their mechanisms and procedures.

Amendment  26

Proposal for a directive

Article 3 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

 

1b. Member States shall ensure that workers initiating judicial or administrative proceedings shall not receive any unfavourable treatment by their employer.

Amendment  27

Proposal for a directive

Article 3 – paragraph 1 c (new)

Text proposed by the Commission

Amendment

 

1c. Member States shall ensure in line with national laws and practices that necessary mechanisms are in place to ensure that workers are able to claim and receive any due entitlements and/or that third parties can act on their behalf to this end.

Amendment  28

Proposal for a directive

Article 3 – paragraph 1 e (new)

Text proposed by the Commission

Amendment

 

1e. Member States should ensure an equal treatment of workers, combined with the adequate protection of labour rights, in accordance with the rules in force laid down in national legislation and collective agreements in the Member State concerned; The principle of 'equal pay for equal work' in conjunction with gender equality should apply throughout the EU in order to prevent wage and social dumping; Member States should make sure that free movement is never exploited with a view to unequal treatment, wage and social dumping;

Amendment  29

Proposal for a directive

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall ensure that associations, organisations or other legal entities, which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that the provisions of this Directive are complied with, may engage, either on behalf of or in support of the worker and members of his/her family, with his/her approval, in any judicial and/or administrative procedure provided for the enforcement of rights under Article 45 of the Treaty and Articles 1 to 10 of Regulation (EU) No 492/2011.

1. Member States shall ensure that associations, organisations or other legal entities, which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that the provisions of this Directive are complied with, may engage, either on behalf of or in support of the worker and members of his/her family, where applicable with his/her express approval, in any judicial and/or administrative procedure provided for the enforcement of rights under Article 45 of the Treaty and Articles 1 to 10 of Regulation (EU) No 492/2011.

Amendment  30

Proposal for a directive

Article 5 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall designate a structure, a body or bodies for the promotion, analysis, monitoring and support of equal treatment of all workers or members of their families without discrimination on grounds of nationality and make the necessary arrangements for functioning of such bodies. These bodies may form part of agencies at a national level with similar objectives but covering a wider range of discrimination grounds. In that case, the Member State shall ensure allocation of sufficient resources to the existing body for the performance of additional tasks in order to ensure that the performance of already existing tasks of these bodies will not suffer.

1. Member States shall designate a structure, a body or bodies for the promotion, analysis, monitoring and support of equal treatment of all workers or members of their families without discrimination, particularly on grounds of nationality, and make the necessary arrangements for functioning of such bodies, including guaranteeing their complete independence. Member States shall ensure that these bodies have a gender sensitive approach at all stages of the process. These bodies may form part of agencies at a national level with similar objectives as those referred to in Article 13 of Directive 2000/43/EC or covering a wider range of discrimination grounds. In that case, the Member State shall ensure allocation of sufficient resources to the existing body for the performance of additional tasks in order to ensure the effective and adequate provision of all functions of the body and in particular that the performance of already existing tasks of these bodies will not suffer.

Amendment  31

Proposal for a directive

Article 5 – paragraph 2 – point a a (new)

Text proposed by the Commission

Amendment

 

(aa) issues relating to the equal treatment of men and women;

Amendment  32

Proposal for a directive

Article 5 – paragraph 2 – point d a (new)

Text proposed by the Commission

Amendment

 

(da) the yearly publication of a report taking stock of the work of the structure put in place and formulating proposals.

Amendment  33

Proposal for a directive

Article 6 – heading

Text proposed by the Commission

Amendment

Dialogue

Interest representation and Dialogue

Amendment  34

Proposal for a directive

Article 6 – paragraph 1

Text proposed by the Commission

Amendment

Member States shall encourage dialogue with appropriate non-governmental organisations and the social partners which have, in accordance with their national law and practice, a legitimate interest in contributing to the fight against discrimination on grounds of nationality with a view to promoting the principle of equal treatment.

Member States shall encourage and support dialogue with appropriate non-governmental organisations and the social partners which have, in accordance with their national law and practice, a legitimate interest in contributing to the fight against discrimination on grounds of nationality with a view to promoting the principle of equal treatment.

Amendment  35

Proposal for a directive

Article 6 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1a. Members states should ensure that the body for support of equal treatment actively promotes interest representation and ensures that workers and their families exercising their right to free movement are aware of and can make use of their rights.

Amendment  36

Proposal for a directive

Article 7 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall ensure that the provisions adopted pursuant to this Directive together with the relevant provisions already in force in Articles 1 to 10 of Regulation (EU) No 492/2011, are brought to the attention of the persons concerned by all appropriate means throughout their territory.

1. Member States shall ensure that the citizens concerned are informed of their rights including the provisions adopted pursuant to this Directive together with the relevant provisions already in force in Articles 1 to 10 of Regulation (EU) No 492/2011, and the wide range of other rules related to social security including family benefits, rights at work, conditions of work, tax, family recognition and language learning which are of importance to workers and their families exercising their right to free movement, throughout their territory by the means they consider effective;

Amendment  37

Proposal for a directive

Article 7 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall provide clear, easily accessible, comprehensive and up-to-date information on the rights conferred by the Union law on free movement of workers. . This information should also be easily accessible through Your Europe and EURES.

2. Member States shall provide clear, free, easily accessible, comprehensive and up-to-date information on the rights conferred by the Union law on free movement of workers. This information should also be easily accessible through Your Europe and EURES.

Amendment  38

Proposal for a directive

Article 7 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a. Member States shall bring information related to further national provisions of relevance to workers and their families exercising their right to free movement to the attention of the concerned persons.

PROCEDURE

Title

Measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers

References

COM(2013)0236 – C7-0114/2013 – 2013/0124(COD)

Committee responsible

       Date announced in plenary

EMPL

21.5.2013

 

 

 

Opinion by

       Date announced in plenary

FEMM

21.5.2013

Rapporteur

       Date appointed

Marije Cornelissen

29.5.2013

Date adopted

3.10.2013

 

 

 

Result of final vote

+:

–:

0:

15

2

3

Members present for the final vote

Regina Bastos, Andrea Češková, Edite Estrela, Iratxe García Pérez, Mary Honeyball, Astrid Lulling, Elisabeth Morin-Chartier, Krisztina Morvai, Joanna Senyszyn, Joanna Katarzyna Skrzydlewska, Britta Thomsen, Marina Yannakoudakis

Substitute(s) present for the final vote

Izaskun Bilbao Barandica, Minodora Cliveti, Mariya Gabriel, Nicole Kiil-Nielsen, Christa Klaß, Doris Pack, Angelika Werthmann

Substitute(s) under Rule 187(2) present for the final vote

Gesine Meissner


PROCEDURE

Title

Measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers

References

COM(2013)0236 – C7-0114/2013 – 2013/0124(COD)

Date submitted to Parliament

26.4.2013

 

 

 

Committee responsible

       Date announced in plenary

EMPL

21.5.2013

 

 

 

Committee(s) asked for opinion(s)

       Date announced in plenary

CULT

21.5.2013

LIBE

21.5.2013

FEMM

21.5.2013

PETI

21.5.2013

Not delivering opinions

       Date of decision

CULT

28.5.2013

LIBE

6.6.2013

PETI

16.9.2013

 

Rapporteur(s)

       Date appointed

Edit Bauer

17.4.2013

 

 

 

Discussed in committee

5.9.2013

10.10.2013

5.11.2013

 

Date adopted

5.11.2013

 

 

 

Result of final vote

+:

–:

0:

41

2

2

Members present for the final vote

Regina Bastos, Edit Bauer, Heinz K. Becker, Phil Bennion, Pervenche Berès, Vilija Blinkevičiūtė, Philippe Boulland, Milan Cabrnoch, Alejandro Cercas, Ole Christensen, Derek Roland Clark, Minodora Cliveti, Marije Cornelissen, Emer Costello, Andrea Cozzolino, Frédéric Daerden, Karima Delli, Sari Essayah, Richard Falbr, Thomas Händel, Nadja Hirsch, Stephen Hughes, Danuta Jazłowiecka, Jean Lambert, Patrick Le Hyaric, Verónica Lope Fontagné, Olle Ludvigsson, Thomas Mann, Elisabeth Morin-Chartier, Csaba Őry, Siiri Oviir, Konstantinos Poupakis, Sylvana Rapti, Licia Ronzulli, Joanna Katarzyna Skrzydlewska, Jutta Steinruck, Traian Ungureanu, Inês Cristina Zuber

Substitute(s) present for the final vote

Georges Bach, Jürgen Creutzmann, Jelko Kacin, Martin Kastler, Anthea McIntyre, Ria Oomen-Ruijten, Tatjana Ždanoka

Date tabled

14.11.2013

Last updated: 13 February 2014Legal notice