On Tuesday 25 May, Member States’ Justice and Home Affairs advisors will discuss a new compromise text on the directive revising the single European residence and work permit, which allows third-country nationals to work in the EU.
The European Parliament received its mandate on 24 March (see EUROPE 13148/8).
The latest compromise text, dated 17 April, adds details on workplace inspections and on the length of time required for a single permit holder who becomes unemployed to keep his or her permit.
On this last point, European Parliament rapporteur Javier Moreno Sanchez (S&D, Spain) said that unemployed single permit holders will also be able to keep their permits for 9 months (compared to 3 in the Commission proposal) to find a job.
On this issue of loss of employment, the latter text specifies that “unemployment does not in itself constitute a ground for withdrawal of the single permit”, provided that “(a) the total period of unemployment does not exceed two months during the period of validity of a single permit and (b) the holder of the single permit or the employer notifies the authorities of the Member State concerned of the beginning and, where appropriate, the end of the period of unemployment, in accordance with the national procedures in force”.
Member States may also allow a single permit holder to be unemployed for a longer period. “In this case, Member States may require the holder of the single permit to prove that he has sufficient resources to support himself without recourse to the social assistance system of the Member State concerned.”
With regard to inspections to ensure that employers comply with the rules laid down in the directive, the text states that “in order to ensure the correct application of the national provisions adopted pursuant to this Directive, Member States should [...] provide for appropriate mechanisms for monitoring [...] and [...], where necessary, for effective and adequate inspections [...] in their respective territories, in accordance with national law or administrative practice”.
In addition, “labour inspectors or other competent authorities should, where appropriate, have access to the workplace”.
Link to the document: https://aeur.eu/f/6h3 (Original version in French by Solenn Paulic)