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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
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.
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
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.
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.
Last edited: 08/08
Source: European Union
© European Communities
Reproduction is authorised.
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