DSC Law Firm

DSC Law Firm

ContactLaw Solicitors

How is the free movement of workers safeguarded under EU law?

no comment

One of the fundamental aspects of the EC Treaty in relation to employment law is that any citizens of EU Member States and Swiss Nationals have the right to enter the UK to work as long as they fulfill all current employment law requirements. This right has existed since the European Community was founded in 1957 and has been provided for in various EU treaties and directives.
If you are a citizen of the EEA (European Economic Area) you must live in one of these countries: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden.EU law permits these citizens to look for work in any other EEA country without the need to apply for a work permit from the country they are entering. Workers coming to the UK for instance will have the same access to tax and social services that nationals would have.
Article 39 of the EC Treaty gives details of the free movement of workers across the EU and defines the migrant workers that it applies to. In the context of working, the person that comes to the UK must do a recognised job that they are paid for.
If you are self-employed, retired or a student, Article 39 does not apply and therefore does not give you any tax or social rights within the country you are moving to. You can, though, bring members of your family with you whilst you are working. These people will have full access to social services as does any other citizen.
As the EU is constantly enlarging, if you are a citizen of the A8 countries (Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia) that have applied to become full members of the EU, you will have to follow the Worker Registration Scheme to work in another Member State. The scheme is administered by the UK Border Agency.
If you need legal advice on your right to work in the UK or another EEA country you should speak to an immigration solicitor.

Comments are closed.