natgillin/translations-raw huggingface dataset:
(d) infracțiunea este comisă de către un angajator care , chiar dacă nu a fost acuzat sau condamnat pentru o infrac ț iune în temeiul Deciziei-cadru 2002/629/JAI, utilizează munca sau serviciile unei persoane▌ știind că resortisantul dintr-o ț ară ter ț ă este o victimă a unui astfel de trafic.
(d) the infringement is committed by an employer who , while not having been charged with, or convicted of, an offence established pursuant to Framework Decision 2002/629/JHA, uses work or services exacted from a person ▌with the knowledge that the illegally staying third-country national is a victim of such trafficking ▌.
(da) încălcarea se referă la angajarea ilegală a unui minor.
( da ) the infringement relates to the illegal employment of a minor.
Pedepse pentru infracțiunea penală
Penalties for the criminal offence
Răspunderea persoanelor juridice
Liability of legal persons
(a) o competență de reprezentare a persoanei juridice sau
(a) a power of representation of the legal person, or
(b) o autoritate de a lua decizii în numele persoanei juridice sau
(b) an authority to take decisions on behalf of the legal person, or
(c) o autoritate de a exercita controlul în cadrul persoanei juridice.
(c) an authority to exercise control within the legal person.
Pedepse aplicate persoanelor juridice
Penalties for legal persons
Statele membre iau măsurile necesare pentru a se asigura că o persoană juridică║ trasă la răspundere ▌în temeiul articolului 10║ este pasibilă de pedepse efective, proporționale și descurajatoare, care pot include măsuri precum cele men ț ionate la articolul 8 .
Member States shall take the necessary measures to ensure that a legal person held liable ▌pursuant to Article 10 is punishable by effective, proportionate and dissuasive penalties , which may include measures such as those referred to in Article 8.
Statele membre pot decide să facă publică o listă a angajatorilor persoane juridice care s-au făcut vinova ț i de infrac ț iunea penală men ț ionată la articolul 10.
Member States may decide that a list of employers who are legal persons and who have been held liable for the criminal offence referred to in Article 10 is rendered public.
Facilitarea contestațiilor
Facilitation of complaints
Statele membre se asigură că păr ț ile ter ț e care, în conformitate cu criteriile stabilite de legisla ț ia lor na ț ională, au interesul legitim de a veghea la respectarea dispozi ț iilor prezentei directive au posibilitatea să angajeze, în numele sau în sprijinul unui resortisant dintr-o ț ară ter ț ă angajat ilegal ș i cu aprobarea acestuia, orice procedură administrativă sau civilă prevăzută pentru punerea în aplicare a prezentei directive.
Member States shall ensure that third parties 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 an illegally employed third-country national, with his/her approval, in any administrative or civil proceedings provided for with the objective of implementing this Directive.
(2) Furnizarea de asisten ț ă resortisan ț ilor din ț ări ter ț e în vederea introducerii contesta ț iilor nu ar trebui considerată drept facilitare de ș edere neautorizată în temeiul Directivei 2002/90/CE de definire a facilitării intrării, tranzitului ș i ș ederii neautorizate
2. ▌Providing assistance to ▌third-country nationals to lodge complaints should not be considered as facilitation of unauthorized residence under Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry, transit and residence
JO L 328, 5.12.2002, p.
OJ L 328, 5.12.2002, p.
(2) Pentru a spori eficien ț a inspec ț iilor, statele membre identifică periodic, pe baza unei evaluări de risc, sectoarele de activitate în care se concentrează angajările de resortisan ț i ai ț ărilor ter ț e cu ș edere ilegală de pe teritoriul lor.
With a view to increasing effectiveness of inspections, Member States shall on the basis of a risk assessment regularly identify the sectors of activity in which the employment of illegally staying third-country nationals are concentrated on their territory.
Pentru fiecare dintre aceste sectoare, statele membre comunică Comisiei, înainte de data de 1 iulie a fiecărui an, numărul de inspec ț ii realizate în anul anterior ș i procentajul de angajatori din fiecare sector care au făcut obiectul unei astfel de inspec ț ii, precum ș i rezultate inspec ț iilor.
In respect of each of those sectors, Member States shall each year before 1 July communicate to the Commission the inspections, both in absolute numbers and as a percentage of the employers for each sector, carried out in the previous year as well as their results.
Dispozi ț ii mai favorabile
More favourable provisions
Prezenta directivă nu aduce atingere dreptului statelor membre de a adopta sau de a men ț ine dispozi ț ii mai favorabile resortisan ț ilor din ț ări ter ț e cărora li se aplică în ceea ce prive ș te articolele 7 ș i 14, cu condi ț ia ca dispozi ț iile în cauză să fie compatibile cu prezenta directivă.
This Directive shall be without prejudice to the right of Member States to adopt or maintain provisions that are more favourable to third-country nationals to whom it applies in relation with Articles 7 and 14, provided that such provisions are compatible with this Directive.
În raportul său, Comisia analizează în special aplicarea de către statele membre a dispozi ț iilor de la articolul 7 alineatele (2) ș i (5).
The Commission shall in particular examine in its report the implementation by Member States of the provisions of Article 7, paragraphs 2 and 5.
Informa ț iile în cauză includ numărul și rezultatele inspecțiilor realizate în conformitate cu articolul 15 alineatul (1), măsurile aplicate în temeiul articolului 14 ș i, în măsura în care acest lucru este posibil, măsurile aplicate în temeiul articolelor 7 ș i 8 .
The information shall include the number and results of inspections carried out pursuant to Article 15 (1), measures applied under Article 14 and, as far as possible, measures applied under Articles 7 and 8.
Statele membre comunică de îndată Comisiei textul acestor acte ▌.
They shall forthwith communicate to the Commission the text of those provisions ▌.
Atunci când statele membre adoptă aceste acte , ele conțin o trimitere la prezenta directivă sau sunt însoțite de o asemenea trimitere la data publicării lor oficiale.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication.
Prezenta directivă intră în vigoare în a douăzecea zi de la data publicării în Jurnalul Oficial al Uniunii Europene.
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Prezenta directivă se adresează statelor membre.
This Directive is addressed to the Member States.
Adoptată la ║,
Done at ║,
It is estimated that there are between 4.5 million to 8 million illegal immigrants in the EU, a figure that is steadily increasing notably because of easy access to illegal work.
It is estimated that there are between 4.5 million to 8 million illegal immigrants in the EU, a figure that is steadily increasing notably because of easy access to illegal work.
Illegal employment is concentrated in certain sectors namely construction, agriculture, cleaning and hotel/catering.
Illegal employment is concentrated in certain sectors namely construction, agriculture, cleaning and hotel/catering.
One of the social consequences of this phenomenon is that these immigrants are employed under exploitative conditions.
One of the social consequences of this phenomenon is that these immigrants are employed under exploitative conditions.
Illegal immigrants help meet the needs of some unscrupulous employers who are willing to take advantage of workers prepared to undertake what are mostly low-skilled and low paid jobs.
Illegal immigrants help meet the needs of some unscrupulous employers who are willing to take advantage of workers prepared to undertake what are mostly low-skilled and low paid jobs.
On the one hand, illegal employment can depress wages and working conditions, may distort competition between businesses and means that the undeclared workers will not benefit from health insurance and pension rights.
On the one hand, illegal employment can depress wages and working conditions, may distort competition between businesses and means that the undeclared workers will not benefit from health insurance and pension rights.
On the other hand, illegally employed third country nationals (TCNs) are in an additionally vulnerable position because if apprehended they are likely to be returned to their country of origin.
On the other hand, illegally employed third country nationals (TCNs) are in an additionally vulnerable position because if apprehended they are likely to be returned to their country of origin.
The present Commission’s proposal, issued in May 2007
The present Commission’s proposal, issued in May 2007
Proposal for a Directive of the European Parliament and of the Council providing for sanctions against employers of illegally staying third country nationals , intends to contribute to combating illegal immigration and exploitation of workers who are undocumented TCNs.
Proposal for a Directive of the European Parliament and of the Council providing for sanctions against employers of illegally staying third country nationals , intends to contribute to combating illegal immigration and exploitation of workers who are undocumented TCNs.
The rapporteur believes that, although the protection of the rights of illegally employed immigrants is not the main aim of the Commission proposal, it should nevertheless be included in the proposal's definitions.
The rapporteur believes that, although the protection of the rights of illegally employed immigrants is not the main aim of the Commission proposal, it should nevertheless be included in the proposal's definitions.
This proposal aims to achieve a minimum level of harmonisation at the European level and requires Member States to prohibit illegal employment, provides for common sanctions, and requires employers to undertake preventive measures and other controls.
This proposal aims to achieve a minimum level of harmonisation at the European level and requires Member States to prohibit illegal employment, provides for common sanctions, and requires employers to undertake preventive measures and other controls.
The idea is that the employer, and not the illegally employed third-country national, who should be punished.
The idea is that the employer, and not the illegally employed third-country national, who should be punished.
The measure seeks to provide a harmonised EU framework for imposing sanctions on employers for hiring TCNs who do not enjoy a regular status of stay in the EU.
The measure seeks to provide a harmonised EU framework for imposing sanctions on employers for hiring TCNs who do not enjoy a regular status of stay in the EU.
The proposal would establish a common policy consisting of three main features.
The proposal would establish a common policy consisting of three main features.
First, employers would be subject to a number of new administrative obligations that would need to be fulfilled before recruiting any TCNs.
First, employers would be subject to a number of new administrative obligations that would need to be fulfilled before recruiting any TCNs.
Non-compliance would lead to a series of punitive measures, financial sanctions and criminal penalties.
Non-compliance would lead to a series of punitive measures, financial sanctions and criminal penalties.
Second, the procedure for operationalising complaints would be harmonised; and third, each Member State would be required to inspect the employee records in 10% of its registered companies.
Second, the procedure for operationalising complaints would be harmonised; and third, each Member State would be required to inspect the employee records in 10% of its registered companies.
Observations by the Rapporteur
Observations by the Rapporteur
The Rapporteur regrets the narrow scope of the proposed directive .
The Rapporteur regrets the narrow scope of the proposed directive .
The provisions of this Directive are designed to reduce illegal immigration into the EU.
The provisions of this Directive are designed to reduce illegal immigration into the EU.
Consequently, the appropriate legal basis is Article 63(3)(b) of the EC Treaty.
Consequently, the appropriate legal basis is Article 63(3)(b) of the EC Treaty.
That legal base does not cover measures relating to TCNs who are legally staying in the EU but who may also be a victim of labour exploitation.
That legal base does not cover measures relating to TCNs who are legally staying in the EU but who may also be a victim of labour exploitation.
For example, the instrument does not cover nationals of those Member States who have joined the EU since 2004 and 2007 and who are still subject to transitional arrangements, thereby limiting their free access to the labour markets of a number of the EU-15 Member States.
For example, the instrument does not cover nationals of those Member States who have joined the EU since 2004 and 2007 and who are still subject to transitional arrangements, thereby limiting their free access to the labour markets of a number of the EU-15 Member States.
Article 2 - In order to offer a better protection against exploitation, the definitions of terms such as “employer”, “subcontractor”, “remuneration” should be as all-encompassing as possible.
Article 2 - In order to offer a better protection against exploitation, the definitions of terms such as “employer”, “subcontractor”, “remuneration” should be as all-encompassing as possible.
For example, “employer” should include temporary work agencies and other intermediaries.
For example, “employer” should include temporary work agencies and other intermediaries.
Remuneration should also include overtime rates – this is important when the employer has to pay any outstanding remuneration to the illegally employed third-country national.
Remuneration should also include overtime rates – this is important when the employer has to pay any outstanding remuneration to the illegally employed third-country national.
Article 4 - The Rapporteur welcomes the preventive measures foreseen by the proposal: the article 4 obliges employers to examine the residence permits or other authorisation for stay of potential employees before hiring them, and also to maintain records on the dates of the start and end of the employment and to transmit these to the relevant authorities.
Article 4 - The Rapporteur welcomes the preventive measures foreseen by the proposal: the article 4 obliges employers to examine the residence permits or other authorisation for stay of potential employees before hiring them, and also to maintain records on the dates of the start and end of the employment and to transmit these to the relevant authorities.
For economic operators, the administrative burden can be considered as proportionate to the objective of the proposal.
For economic operators, the administrative burden can be considered as proportionate to the objective of the proposal.
Member States should provide employers with clear guidelines and on-going advice on the identification of residence permits and other authorisations for stay.
Member States should provide employers with clear guidelines and on-going advice on the identification of residence permits and other authorisations for stay.
Sharing of best practices among Member States should be encouraged at the EU level.
Sharing of best practices among Member States should be encouraged at the EU level.
The Rapporteur is in favour of a simplification of these formalities when the employer is a private person.
The Rapporteur is in favour of a simplification of these formalities when the employer is a private person.
It is not asked to the employers to have a rigorous knowledge of the aspect of the residence permits or other authorisation for stay.
It is not asked to the employers to have a rigorous knowledge of the aspect of the residence permits or other authorisation for stay.
The Rapporteur considers that an employer can be held liable only if the document is manifestly incorrect or if the employer knows that it is a forgery.
The Rapporteur considers that an employer can be held liable only if the document is manifestly incorrect or if the employer knows that it is a forgery.
He also believes that measures should be taken by Member States in order to provide employers with clear guidelines and on-going advice on the identification of residence permits and other authorisations for stay.
He also believes that measures should be taken by Member States in order to provide employers with clear guidelines and on-going advice on the identification of residence permits and other authorisations for stay.
A system of sharing of best practices among Member States should also be put in place at the EU level.
A system of sharing of best practices among Member States should also be put in place at the EU level.
For more flexibility, Member States should be allowed to give a reasonable delay for employers to bring the situation of the employed third country national in line with national law.
For more flexibility, Member States should be allowed to give a reasonable delay for employers to bring the situation of the employed third country national in line with national law.
Article 6 - Sanctions include financial penalties; the Rapporteur proposes that a reduction of these penalties can be consented when the employer is a natural person who employs illegal TCN to provide domestic help and personal services.
Article 6 - Sanctions include financial penalties; the Rapporteur proposes that a reduction of these penalties can be consented when the employer is a natural person who employs illegal TCN to provide domestic help and personal services.
Article 7 - It is natural that employers pay the outstanding remuneration that is due to the illegally employed TCN; however, this provision should be extended to any other work-related financial entitlements and to all the costs resulting from transferring the remuneration and the entitlements to abroad, in the case of the third country national having returned to his/her country, in order not to penalise the TCN.
Article 7 - It is natural that employers pay the outstanding remuneration that is due to the illegally employed TCN; however, this provision should be extended to any other work-related financial entitlements and to all the costs resulting from transferring the remuneration and the entitlements to abroad, in the case of the third country national having returned to his/her country, in order not to penalise the TCN.
When the agreed remuneration cannot be established, this can be determined with reference to the applicable laws on minimum wages, collective agreements or practices or to the minimum income under which citizens of the Member State concerned are entitled to social assistance.
When the agreed remuneration cannot be established, this can be determined with reference to the applicable laws on minimum wages, collective agreements or practices or to the minimum income under which citizens of the Member State concerned are entitled to social assistance.
Member states are required to foresee mechanisms to ensure that the TCN receive back outstanding payments automatically, without the need for the TCN to introduce a claim, and even in cases where the person has returned.
Member states are required to foresee mechanisms to ensure that the TCN receive back outstanding payments automatically, without the need for the TCN to introduce a claim, and even in cases where the person has returned.
This could be seen as more favourable and discriminatory for EU workers who are required to lodge a complaint with the relevant bodies to secure outstanding payment.
This could be seen as more favourable and discriminatory for EU workers who are required to lodge a complaint with the relevant bodies to secure outstanding payment.
However, the Rapporteur would like to remind the logical backing the Commission’s proposal: the undocumented TCN live underground, they fear detention and return, constitute an “easily exploitable” workforce and are much more vulnerable than other workers.
However, the Rapporteur would like to remind the logical backing the Commission’s proposal: the undocumented TCN live underground, they fear detention and return, constitute an “easily exploitable” workforce and are much more vulnerable than other workers.
The Rapporteur supports the Commission’s proposal that states that a work relationship is presumed to be of at least 6 months, unless the employer or the illegally employed third-country national can prove differently.
The Rapporteur supports the Commission’s proposal that states that a work relationship is presumed to be of at least 6 months, unless the employer or the illegally employed third-country national can prove differently.
Article 8 - This article foresees other sanctions for firms who employ TCN, such as exclusion from entitlement to public funds, contracts and recovery of benefits received.
Article 8 - This article foresees other sanctions for firms who employ TCN, such as exclusion from entitlement to public funds, contracts and recovery of benefits received.
The Rapporteur considers that it is important that the provisions of this article are also extended to EU funding and to EU procurement.
The Rapporteur considers that it is important that the provisions of this article are also extended to EU funding and to EU procurement.
Article 9 - The Proposal also extends its provisions to subcontractors and the Commission’s intention was that all the undertakings in a chain of subcontracting are held jointly and severally liable to pay financial sanctions against an employer at the end of the chain who employs illegally staying TCNs.
Article 9 - The Proposal also extends its provisions to subcontractors and the Commission’s intention was that all the undertakings in a chain of subcontracting are held jointly and severally liable to pay financial sanctions against an employer at the end of the chain who employs illegally staying TCNs.
However, the Rapporteur understands that it would be difficult to place a burden on the main contractor as the latter is not in a position to control compliance in practice.
However, the Rapporteur understands that it would be difficult to place a burden on the main contractor as the latter is not in a position to control compliance in practice.
Therefore, he accepts to limit the liability of subcontractors in the chain.
Therefore, he accepts to limit the liability of subcontractors in the chain.
Article 10 - Furthermore, in certain specified cases, contraventions may even constitute a criminal offence, in which case the employer may face placement under judicial supervision and a judicial winding-up order as well as other sanctions.
Article 10 - Furthermore, in certain specified cases, contraventions may even constitute a criminal offence, in which case the employer may face placement under judicial supervision and a judicial winding-up order as well as other sanctions.
This is the case when the working conditions are particularly exploitative, when the employer knows or ought to have known, that the TCN is a victim of trafficking in human beings or when the TCN is a minor.
This is the case when the working conditions are particularly exploitative, when the employer knows or ought to have known, that the TCN is a victim of trafficking in human beings or when the TCN is a minor.
Article 14 - Most notably, the Proposal asks that Member States establish mechanisms that allow exploited migrant workers to lodge complaints against their employers, if not personally, then through third parties.
Article 14 - Most notably, the Proposal asks that Member States establish mechanisms that allow exploited migrant workers to lodge complaints against their employers, if not personally, then through third parties.