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Directive (EU) 2024/1233 of the European Parliament and of the Council of 24 April 2024 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State (recast) article 11 CELEX: 32024L1233 Rights on the basis of the single permit
1. Where a single permit has been issued, it shall authorise, during its period of validity, its holder at least to: (a) enter and reside in the territory of the Member State issuing the single permit, provided that the holder meets all admission requirements in accordance with national law; (b) have free access to the entire territory of the Member State issuing the single permit within the limits provided for by national law; (c) exercise the specific employment activity authorised under the single permit in accordance with national law; (d) be informed about the holder’s own rights linked to the permit conferred by this Directive, other Union law or national law. 2. Member States shall allow a single permit holder to change employer. Member States may subject the right of a single permit holder to change employer to any of the conditions set out in paragraph 3. |
Directive (EU) 2024/1233 of the European Parliament and of the Council of 24 April 2024 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State (recast) article 11 CELEX: 32024L1233 3. During the period of validity of a single permit, Member States may: (a) require that a change of employer be notified to the competent authorities in the Member State concerned, in accordance with procedures laid down in national law; (b) require that a change of employer be subject to a check of the labour market situation if the Member State concerned carries out checks of the labour market situation, for applications for a single permit; (c) require a minimum period during which the single permit holder is required to work for the first employer. The minimum period referred to in the first subparagraph, point (c), shall not exceed the duration of the employment contract or the period of validity of the permit. It shall, in any event, not exceed six months. Member States shall allow a single permit holder to change employer before the expiration of that minimum period in duly justified cases of a serious breach by the employer of the terms and conditions of the employment relationship. Where the Member State requires that a change of employer be notified in accordance with the first subparagraph, point (a), the right of the single permit holder to change employer may be suspended for a maximum period of 45 days from the date on which the notification to the national competent authorities was made. During that period, the national competent authorities may verify whether the conditions set out under the first subparagraph, points (b) and (c), as applicable, are fulfilled, and also verify whether the other requirements laid down by Union or national law continue to be fulfilled. The Member State may oppose the change of employer within that period of 45 days. |
Directive (EU) 2024/1233 of the European Parliament and of the Council of 24 April 2024 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State (recast) article 11 CELEX: 32024L1233 4. Unemployment in itself shall not constitute a reason for withdrawing a single permit provided that: (a) the total period of unemployment does not exceed three months during the period of validity of a single permit, or six months if the third-country national has been a holder of the single permit for more than two years; (b) the beginning and, where applicable, the end of any period of unemployment is notified to the competent authorities of the Member State concerned, in accordance with the relevant national procedures. By way of derogation from the first subparagraph, point (a), the Member State may allow a single permit holder to be unemployed for a longer period. For the purposes of the first subparagraph, point (b), Member States shall determine whether the third-country national or the third-country national’s employer shall notify the competent authorities. For periods of unemployment longer than three months, Member States may require single permit holders to provide evidence of having sufficient resources to maintain themselves without recourse to the social assistance system of the Member State concerned. Where an unemployed single permit holder finds a new employer within the allowed period of unemployment referred to in this paragraph, and a Member State subjects the taking up of the new employment to any of the conditions set out in paragraph 3, it shall allow the single permit holder to stay in its territory until the competent authorities have verified the fulfilment of the conditions set out in paragraph 3 even if the allowed period of unemployment has expired. |
Directive (EU) 2024/1233 of the European Parliament and of the Council of 24 April 2024 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State (recast) article 11 CELEX: 32024L1233 5. Where the validity of the single permit expires during the procedure for its renewal, Member States shall allow the third-country national to stay in their territory as if that third-country national were a single permit holder until the competent authorities have taken a decision on the application for its renewal. 6. Where, in accordance with the procedures laid down by national law, the competent authorities of the Member State establish that there are reasonable grounds to believe that a single permit holder has experienced particularly exploitative working conditions, as defined in Article 2, point (i), of Directive 2009/52/EC of the European Parliament and of the Council , that Member State shall extend the allowed period of unemployment referred to in paragraph 4 of this Article, by three months. |