1996年9月27日理事会建议,反对非法雇佣第三国公民

技术法规类型:欧盟Eurlex法规 来源:tbtmap

EURLEX ID:31996H1014

OJ编号:OJ C 304, 14.10.1996, p. 1-2

中文标题:1996年9月27日理事会建议,反对非法雇佣第三国公民

原文标题:Council Recommendation of 27 September 1996 on combating the illegal employment of third-country nationals

分类:05.20.30_就业和失业;19.10.40_移民和第三国国民的权利

文件类型:二级立法 Recommendation|建议

生效日期:1996-09-27

废止日期:2058-12-31

法规全文:查看欧盟官方文件

EUR-Lex - 31996H1014 - EN
| EUROPA > EUR-Lex > ID celex

31996H1014


Title and reference

Council Recommendation of 27 September 1996 on combating the illegal employment of third-country nationals

OJ C 304, 14.10.1996, p. 1‘� (ES, DA, DE, EL, EN, FR, IT, NL, PT, FI, SV)

Text

BG ES CS DA DE ET EL EN FR GA IT LV LT HU MT NL PL PT RO SK SL FI SV
html html html html html html html html html html html
tiff tiff tiff tiff tiff tiff tiff tiff tiff tiff tiff

Dates

    of document: 27/09/1996
    of effect: 27/09/1996; Entry into force Date of document
    end of validity: 99/99/9999

Classifications

Miscellaneous information

  • Author:
    Council
  • Form:
    Various acts

Relationship between documents

Text

Bilingual display: DA DE EL EN ES FI FR IT NL PT SV

COUNCIL RECOMMENDATION of 27 September 1996 on combating the illegal employment of third-country nationals (96/C 304/01)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Articles K.1 and K.2 thereof,

Having regard to the Council Recommendation of 22 December 1995 on harmonizing means of combating illegal immigration and illegal employment and improving the relevant means of control (1),

Having regard to the Resolution of the Council of 20 June 1994 on limitations on admission of non-EC nationals to Member States for employment,

Whereas Article K.1 (3) (c) lays down that combating unauthorized immigration, residence and work by nationals of third countries on the territory of Member States constitutes a matter of common interest;

Whereas measures to combat the illegal employment and exploitation of third-country nationals should be complemented by measures to promote the integration of foreign workers lawfully established and legally employed in the territory of the Member States, guaranteeing them appropriate conditions of access to vocational training;

Whereas illegal employment may distort the conditions of free competition in the internal market by reducing social costs or giving employers other advantages and by lowering levels of social protection;

Whereas this Reccomendation is aimed at strengthening cooperation between Member States on immigration policies in relation to third countries,

RECOMMENDS THAT the governments of the Member States apply the principles set out below with a view to combating illegal employment of third-country nationals:

I. Scope

This Recommendation applies to third-country nationals, with the exception of:

- members of the families of citizens of the Union exercising their right to free movement,

- nationals of Member States of the European Free Trade Association party to the Agreement on the European Economic Area and members of their families exercising their right to free movement.

This Recommendation does not apply to third-country nationals to the extent that they are in a situation covered by Community law.

This Recommendation is without prejudice to the rights of third-country nationals whose status is covered by agreements concluded with third countries by the Community, by the Community and its Member States or by one or more Member States, where such agreements contain more favourable provisions relating to employment.

II. Authorization to reside and to work

1. Third-country nationals wishing to work in the territory of a Member State must be in possession of the authorizations to reside and to work required by the law of the Member State concerned.

2. The activity carried out, the post and its location and duration must, in accordance with the law in force, effectively correspond to the content of the authorization granted by the Member State concerned.

III. Penalties for employing persons without authorization

1. The employment of third-country nationals who do not possess the necessary authorization is prohibited and should give rise to the imposition of criminal and/or administrative penalties in accordance with the provisions of the law of the Member State concerned.

2. The penalties referred to in paragraph 1 should be imposed in accordance with the provisions of the law of the Member State concerned upon those who employ illegal workers and those who encourage, facilitate or promote illegal employment.

3. Illegal trafficking in labour organized by persons acting on their own or in networks should constitute a criminal offence and incur criminal and/or administrative penalties in accordance with the law of the Member State concerned.

4. The procedures for punishing the employment of workers who do not possess the necessary authorization could:

- allow the application of penalties which are effective, dissuasive, appropriate and proportionate to the seriousness of the offences committed,

- permit the elimination of added profits or other advantages obtained by employers as a result of the offences committed in particular as regards the wages and charges imposed by the relevant provisions in each Member State.

The said procedures must provide for appropriate mechanisms and procedures for judicial control.

IV. Coordination and collaboration between enforcement agencies

Member States should adopt the measures necessary to coordinate the activities of the competent services or authorities with the aim of combating the illegal employment and the exploitation of third-country nationals, given that the specialization in separate areas of control should be supplemented by the necessary coordination and collaboration in the activities of the services concerned.

The coordination could be put into practice through the preparation of joint operations to be defined by sectors of productive activity, geographical areas and periods of time in which non-compliance with the rules on the employment of third-country nationals appears to be concentrated.

The collaboration might take the form of:

- support, at the request of one of the competent services, for preventive action, such as inspection visits to places of work where there is hard evidence that the activities of those services could be obstructed or nullified or could involve any type of risk,

- support during inspections where the work of the competent services is seriously impeded in their investigations into the hidden economy,

- prompt support where assistance is requested by the competent services in emergency situations.

V. Exchange of information

Member States should exchange information, both bilaterally and within the Council, regarding the fight against the illegal employment of third-country nationals and organized networks trafficking in labour.

VI. Monitoring of compliance with the Reccomendation

The Council will examine the progress of compliance with the principles of this Recommendation periodically, and for the first time one year after its adoption.

Done at Brussels, 27 September 1996.

For the Council The President M. LOWRY

(1) OJ No C 5, 10. 1. 1996, p. 1.

Top

托管标准,您可以接收以下服务:

1 标准定期系统查新,若有最新版本,会以站内短信或邮件的形式通知用户;

2 随时在标准托管页面中查看到该条标准的最新状态;

3 若用户有在学习和科研中的需要,可以在标准托管页面中试阅标准;

4 企业如果需要上新产品,我院及时提供标准查询、采购等方面的支持;

5 为企业在标准制修订、企业良好行为创建以及标准化试点过程中遇到的困难,可联系我院指定相关专家负责进行指导帮助、提供政策咨询;

6 为企业提供标准化政策的解读、标准化知识的推广培训、标准自我公开声明、标准文献的免费查询、企业标准化体系建设等方面的标准化服务;

进入企业标准托管

您可以通过编辑查新模板,批量查询指定标准集的最新情况。我们会通过查询,向您展示您所查询标准的:

1. 准确的标准号及标准名称(我们通过人工智能技术对您提交的标准号进行自动纠正)

2. 标准的最新状态(现行、废止或未发布)

3. 若标准已废止并被新标准替代,会反馈被替代的标准

4. 若您已托管此标准,便可以实时跟踪这个标准的最新状态

标准查新 模板下载

您可以在这里检索全球超过140万条标准,支持上百个国内国际标准组织的标准查询。您也可以在这里检索国内各类国家、部委和地方的法律法规。

更多标准子库在持续建设中。

标准检索

标准资讯点击排行榜 全部

资讯标题点击

[[ n.title ]] [[ n.read ]]

大连标准化公共服务平台

版权:大连标准化研究院有限公司

地址:大连市中山区高原街56号

电话:0411-82740851

大连标准