Free circulation of workers (European Union)
INFORMATION ON COMMUNITY LAW
Since 1 January 1992 the citizens of any country in the European Union or the European Economic Area have been able to work in any Member State.
As long as they are in paid employment, they are subject to the same legislation and benefit from the same advantages as national employees.
Every EU citizen may make use of public employment services.
EQUAL TREATMENT WITH NATIONALS
Regardless of your place of residence, as a European Union worker you are entitled to take up an activity as an employed person in any Member State under the same conditions as nationals . Equal treatment applies to all conditions governing employment and work (e.g. remuneration, dismissal, occupational reintegration or re-employment after being unemployed).
The principle of equal treatment in access to employment implies that you have the same priority as nationals for access to employment in any Member State. This means that national provisions limiting the number or percentage of foreigners who may be employed do not apply to you. Consequently, when in a Member State the granting of any benefit to enterprises is subject to a minimum percentage of national workers, you are regarded as a national worker.
In addition, EC law states that any clause of a collective or individual agreement or of any other collective regulation concerning eligibility for employment, employment, remuneration and other conditions of work or dismissal shall be null and void in so far as it lays down or authorises discriminatory conditions in respect of workers who are nationals of other Member States.
RECRUITMENT
No condition that would be conducive to discrimination against non-national EU citizens, or that would restrict the right to access to employment for EU citizens, may be imposed by the Member States. For instance, it is not permissible to prescribe special recruitment procedures for foreign EU nationals or to limit or restrict the advertising of vacancies in the press or through any other medium so that foreign nationals have less chances of being informed, or to impose conditions of registration at employment offices or residence requirements for access to employment.
The engagement and recruitment of a national of another Member State may not depend on medical, vocational or other criteria which are discriminatory on grounds of nationality in comparison with those applied to nationals.
Nevertheless, a national who holds an offer in his name from an employer in a Member State, other than that of which he is a national, may have to undergo a vocational test, if the employer expressly requests this when making his offer of employment.
PROFESSIONAL REQUIREMENTS FOR ACCESS TO EMPLOYMENT
Access to employment may depend on the possession of certain qualifications, diplomas, experience or the knowledge of a language.
Linguistic ability
It is permissible for a level of linguistic ability to be required for access to employment: for instance, a satisfactory knowledge of the national language. This means that the level of knowledge must be proportionate and reasonably necessary for the proper fulfilment of the tasks. National policies for the protection or the promotion of a language in a Member State comply with EC law, but such policies may not give rise to discrimination against nationals of other Member States. For example, the principle of non-discrimination precludes the imposition that the linguistic ability in question must have been acquired within the national territory. It is not permissible either to demand a specific language as mother tongue.
Professional experience
Professional experience acquired in different Member State should be taken into account under the same conditions as experience gained in the national territory.
Consequently, periods of employment completed by workers in a comparable field of activity in another Member State must be taken into account for access to a job or for determining certain benefits (e.g. remuneration, grade) under the same conditions as experience gained in the host Member State .
Recognition of diplomas
With regard to the mutual recognition of diplomas, please see the relevant factsheet.
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Special case: access to employment in the public sector
The principle of equal treatment and the prohibition of discrimination on grounds of nationality are also applicable to employment in the public sector: employment with State companies (commercial companies, telecommunications operators, public transport companies), State bodies or institutions (universities, public hospitals, research institutions) and in the civil service.
However, Member States may still reserve certain posts for their own nationals. This can be the case only for those posts in the public sector that involve the exercise of powers conferred by public law and the safeguard of general interests of the State or local authorities, i.e. administrative units below the level of the State, such as town councils, etc. These criteria must be assessed for individual cases on the basis of the tasks and responsibilities which each post entails.
It may be inferred that employment with some specific State sectors and similar bodies such as the diplomatic service, the armed forces, police and security forces, judicial power and the tax authorities may be restricted to nationals with the exclusion of all other EU citizens. However, not ALL such posts involve the exercise of powers conferred by public authority and the safeguard of general interests of the State: e.g. administrative duties, technical consultation, maintenance. These posts cannot therefore be reserved for nationals. The free movement of workers in the public sector is independent of any specific sector and is linked solely to the type of post .
UNEMPLOYMENT BENEFIT
Any worker who has lost his job in the host Member State is entitled to the same unemployment allowances as nationals.
If you are seeking employment, you can ask for the benefits from your country of origin to be transferred for a maximum period of three months, but this must be done before you leave in accordance with the legislation of the country of origin. You must have been registered as seeking employment for four weeks before leaving, and you must notify your local office at least 2-4 weeks beforehand so that it can complete the necessary formalities. If possible, arrange an address in the host Member State in order to receive mail. You must also sign on at a national employment exchange within seven days after arriving in the host Member State.
For further information, see file "Unemployment benefits".
WORK PERMIT
EU and EEA citizens are exempt from requirements concerning visas, passports and medical checks when entering another EU Member State. An identity card allows the holder to enter freely and to move around for three months, which is useful if you find temporary work or are seeking employment.
EU and EEA citizens do not need a work permit.
They may exercise the occupational activity of their choice. However, as soon as they have found work and no later than three months after arriving, they must apply for a "residence permit for a national of an EU Member State".
It is valid for five years and automatically renewable. For further information, see file "You are the worker".
REFERENCES
* See Article 48 of the Treaty of Rome and Council Regulation (EEC) No 1612/68 of 15 October 1968 on the freedom of movement of workers within the Community (OJ L 257 of 19 October 1968, p. 2).
* See Commission communication "Free movement of workers – achieving the full benefits and potential" COM(2002) 694 final, of 11 December 2002.
Article from: http://europa.eu/
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