A/HRC/23/46 employment of illegally staying third-country nationals in order to fight illegal immigration,” and provides sanctions for those who employ them. 33. Member States shall prohibit the employment of illegally staying third -country nationals (Art 3.1) and oblige employers to require that a third -country national before taking up the employment holds and presents to the employer a valid residence permit or other authorization for his or her stay (Art 4.1.a). Sanctions shall include financial sanctions and payments of the costs of return of illegally employed third country nationals in those cases where return procedures are carried out (Art 5.2). Member States shall ensure that the employer shall be liable to pay any outstanding remuneration to the illegally employed third-country national (Art 6.1.a), and shall enact mechanisms to ensure that illegally employed third-country nationals may introduce a claim against their employer and eventually enforce a judgment against the employer for any outstanding remuneration. 34. Article 13.1 provides that Member States shall ensure that there are effective mechanisms through which third-country nationals in illegal employment may lodge complaints against their employers. Furthermore, Article 13.4 envisages the granting, on a case-by-case basis, of temporary residence permits to victims who are children, as well as to victims of particularly exploitative working conditions, who cooperate with the justice system. Member States shall ensure that effective and adequate inspections are carried out on their territory to control employment of illegally staying third-country nationals (Art 14.1). 13. The Seasonal Workers Directive 35. On 13 July 2010, the Commission submitted a Proposal for a Directive of the European Parliament and of the Council on the conditions of entry and residence of thirdcountry nationals for the purposes of seasonal employment (Seasonal Workers Directive). It was presented as part of the EU’s efforts to develop a comprehensive immigration policy, and was the first proposal focused mainly on low-skilled workers. The Directive is currently at first reading. 36. The proposal sets out the criteria for admission of third-country seasonal workers, in particular the existence of a work contract or a binding job offer that specifies a salary equal to or above a minimum level; a valid travel document; sickness insurance; evidence of having accommodation; and sufficient resources during his/her stay to maintain him/herself without having recourse to the social assistance system of the Member State concerned. Third-country nationals who are considered to pose a threat to public policy, public security or public health shall not be admitted (Art 5). 37. Seasonal workers shall be entitled to working conditions, including pay and dismissal as well as health and safety requirements at the workplace, applicable to seasonal work as laid down by law, regulation or administrative provision and/or universally applicable collective agreements (Art 16). Employers are required to provide evidence that the seasonal worker will have accommodation ensuring an adequate standard of living during his/her stay (Art 14). To make enforcement more effective, complaints mechanisms should be put in place (Art 17). The maximum period of stay is set at six months in any calendar year, as well as the explicit obligation to return to a third country after that period (Art 11); there is no possibility of status change. Provision is made for facilitating the re entry in a subsequent season (Art 12). The Directive does not provide for entry of family members. 14. The Blue Card Directive 38. Council Directive 2009/50/EC on the conditions of entry and residence of third country nationals for the purposes of highly qualified employment (the Blue Card 29

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