Tag Archives: Employment statistics

Free movement of workers: taking stock of their rights

Free movement of workers: taking stock of their rights

Outline of the Community (European Union) legislation about Free movement of workers: taking stock of their rights


These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Living and working in the internal market

Free movement of workers: taking stock of their rights

Document or Iniciative

Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions of 13 July 2010 – Reaffirming the free movement of workers: rights and major developments [COM(2010) 373 final – Not published in the Official Journal].


Since the establishment of the principle of the free movement of persons in the European Union (EU), many obstacles to mobility have been abolished. The Commission therefore presents the main legal developments which have improved the rights of European migrant workers. In addition, the promotion of mobility is an objective of the new Europe 2020 Strategy.

Free movement of workers

The principle of the free movement of persons applies to all European citizens whose period of residence does not exceed three months. After that period, the exercise of the freedom of movement is subject to certain conditions. However, migrant workers enjoy better conditions than non-active citizens.

The principle of free movement of workers entitles all European citizens to work in another EU country (Article 45 of the Treaty on the Functioning of the EU (TFEU)). Certain countries may impose registration formalities on workers after a period of three months, but no other residence condition.

Self-employed workers (Article 49 of the TFEU) and posted workers in the context of the provision of services are subject to other provisions.

Migrant workers are those who have:

  • an income, including a limited income or benefits in kind. Only voluntary work is excluded from the definition;
  • a relationship of subordination, which characterises gainful employment (i.e. the employer determines the choice of activity, remuneration, working conditions, etc.);
  • genuine and effective work, because the activity must not be marginal or accessory. However, part-time work, traineeships and certain forms of training are recognised;
  • a cross-border link, i.e. the worker must reside or work in an EU country other than his or her country of origin.

Other categories of citizen may benefit from the freedom of movement of workers if their period of residence exceeds three months:

  • members of the migrant worker’s family, irrespective of their nationality. They have access to the social advantages of the host country;
  • people retaining the status of worker, even if they are no longer employed in the host country (in the case of temporary inability to work, involuntary unemployment, etc.);
  • jobseekers, if they can prove that they are actively seeking employment.

Access to employment

Migrant workers must be able to pursue their professional activities under the same conditions as national workers. They may not be discriminated against with regard to:

  • the exercise of a regulated profession, because they can apply for recognition of their professional qualifications or training;
  • language requirements, which must only be reasonable and necessary for the job in question;
  • access to the public sector, except for certain types of job which require participation in the exercise of powers conferred by public law;
  • the free movement of professional and semi-professional sportsmen.

Jobseekers have access to public employment services and financial benefits intended to facilitate access to employment in the labour market of the host Member State.

Equal treatment of workers

Any discrimination with regard to employment, remuneration and working conditions is prohibited.

Migrant workers are treated in the same way as national workers:

  • they are subject to the laws and collective agreements of the host State;
  • they enjoy the same social advantages linked to their status as residents or workers, from the first day of their employment;
  • they may not be discriminated against in the area of tax on the basis of their nationality or their status as migrant workers.

European Employment Observatory

European Employment Observatory

Outline of the Community (European Union) legislation about European Employment Observatory


These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Employment and social policy > Social and employment situation in europe

European Employment Observatory (EEO)

Document or Iniciative

Resolution of the Council and of the Ministers for Labour and Social Affairs, meeting within the Council of 30 November 1989 on setting up a European employment survey [OJ C 328 of 30.12.1989].


The European Employment Observatory (EEO) is an information system on employment policies and labour market trends in the European Union (EU). Its mission is to analyse forecasts of developments in the labour markets, particularly in those sectors of activity most affected by the completion of the internal market.

Its main tasks are:

  • collecting information and statistical data from EU Member States;
  • analysing large developments by sector;
  • disseminating results to economic and social players, specifically European social partners.

The Observatory is composed of representatives from the Member States, the EU candidate countries and the member countries of the European Economic Area (EEA). It operates through a steering group and a network of experts.

Community System of Documentation on Employment (SYSDEM)

SYSDEM is a network of experts from independent national research institutes. This network contributes towards achieving the EEO’s missions through:

  • producing reports on evaluations and research on the impact of labour market policy;
  • analysing policy priorities relating to employment;
  • analysing national employment action plans.