Employment policy labour market and free movement of workers
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Employment policy, labour market and free movement of workers. European Social Policy Faculty of Social Sciences, Charles University in Prague. Free Movement of Workers. Fundamental freedom guaranteed by Community law Article 39 of the Rome Treaty - 1957 Reason:

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Employment policy labour market and free movement of workers

Employment policy, labour market and free movement of workers

European Social Policy

Faculty of Social Sciences,

Charles University in Prague


Free movement of workers

Free Movement of Workers

  • Fundamental freedom guaranteed by Community law

  • Article 39 of the Rome Treaty - 1957

  • Reason:

    • Instrument for completing the common market


Main legislation

Main legislation

  • Regulation 1612/68 of 15.10.1968 on freedom of movement for workers within the Community (OJ No L 257, 19.10.1968)

  • Directive 68/360/EEC of 15.10.1968 on the abolition of restrictions on movement and residence within the Community for workers of Member States and their families (OJ No L 257, 19.10.1968)

  • Directive 64/221/EEC of 25.02.1964 on the co-ordination of special measures concerning the movement and residence of foreign nationals which are justified on grounds of public policy, public security or public health (OJ No 56, 4.04.1964)

  • Regulation (EEC) 1251/70 of 29.06.1970 on the right of workers to remain in the territory of a Member State after having been employed in that State (OJ No L 142, 30.6.1970)

  • Directive 2004/38/EC of 29.04.2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (OJ No L 158, 30.04.2004)

  • Directive 98/49/EC of 29 June 1998 on safeguarding the supplementary pension rights of employed and self-employed persons moving within the Community (OJ No L 209, 25.07.1998)


Basic rights

Basic rights

  • Right to look for a job in another Member State

  • Right to work in another Member State

  • Right to reside there for that purpose

  • Right to remain there

  • Right to equal treatment in respect of access to employment, working conditions and all other advantages which could help to facilitate the worker's integration in the host Member State


R ight to look for a job in another m s

Right to look for a job in another MS

  • The same assistance from the national employment offices as nationals of the host MS

  • Right to stay for a period "sufficient to enable him to appraise himself of offers of employment and to take the necessary steps to be engaged"

  • EURES


R ight of residence

Right of residence

  • Less than 3 months- no residence formalities required

  • Residence permit must be valid for at least 5 years + renewable

  • New directive effective in May 2006 – no residence permit


R ight to remain

Right to remain

  • Retirement age + employed in hostMS for at least the last 12 months + resided there continuously for more than 3 years;

  • Permanent incapacity to work + resided continuously in host MS for more than 2 years - pension from institutions of host MS


Equal treatment

Equal treatment

  • Access to employment

  • Working conditions

  • Social and tax advantages


Family members

Family members

  • Spouse

  • Descendants who are under the age of 21 or are dependant

  • Dependant relatives in the ascending line


Employment in the public sector

Employment in the public sector

  • May be restricted to only nationals of host MS

  • Limitations on public security, public policy and public health grounds

  • Case-by-case approach


Obstacles

Obstacles

  • Legal

  • Administrative

  • Linguistic

  • Lack of information

  • Lack of will


European employment strategy

European Employment Strategy

  • Economic and social problems - 1990's

  • Objectives:

    • Creating more and better jobs for all

    • Raising the employment rate of the working-age population

    • Ensuring a safety net for those unable to work


Development

Development

  • 1993 - "Delors' White Book" on Growth, Competitiveness and Employment

  • 1997 - Amsterdam Treaty

    • Employment Guidelines for the Member States

    • National Action Plans for Employment

  • 1997 - Luxembourg Jobs Summit

    • Launched the European Employment Strategy

  • 2000 – Lisbon Strategy

    • Raise overall EU employment rate to 70%

    • Women in employment to more than 60%


Current challenges

Current challenges

  • Removing obstacles to female employment

  • Substantially reducing youth unemployment

  • Prolonging working lives

  • Modernising social protection systems


Revision of the ees

Revision of the EES

  • 2003 - Communication on future of the EES

    • 3 overarching objectives

      • Full employment

      • Quality + productivity at work

      • Cohesion + inclusive labour market

  • 2005

    • EURES

    • 3 year period from 2005 to 2008

      • Integrated Employment Guidelines

      • National Reform Programmes

      • Joint Employment Report

      • Recommendations

      • EU annual progress report


Enlargement

Enlargement


Transitional measures i

Transitional measures I.

(Articles 1-6 of EEC Regulation No 1612/68)

  • Restrictive, where EU-8 citizens are treated the same way as non-EEA citizens (Belgium, Finland, Germany, Greece, France, Luxembourg and Spain)

  • Restrictive with a quota for EU-8 citizens (Austria, Italy, the Netherlands, Portugal)

  • General labour market access with limited welfare benefits (Ireland, UK)

  • Community regime fully applied (Sweden)


Transitional measures ii

Transitional measures II.

  • Principle 2 + 3 + 2

  • Britain, Ireland and Sweden - no restrictions

  • Spain, Finland, Portugal and Greece - remove restrictions in May 2006.

  • France and Belgium- considering easing the restrictions only gradually

  • Denmark- careful review

  • Austria and Germany - keep the restrictions

  • Norway (non-EU member) - considering opening

  • Switzerland(non-EU member) - referendum September 2005 -opening labour market to workers from the EU-10


Current situation

Current situation

  • Relatively low movement rate - cca 1.5%

  • „Widely predicted influx of cheap labourers and 'welfare tourists' from the east“

  • Czech Republic

    • UK – 17 000

    • IR – 5 000

    • SWE - 200


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