bits of law

Main Section

EU | Free Movement Of Persons

Personal Mobility: Worker Rights

Flash Card | Degree

Download Adobe PDF Icon

Personal Mobility: Worker Rights

[Flash Card 1 of 2]

Treaty on the Functioning of the European Union (TFEU)

  • Article 45(1)TFEU: free movement of workers
  • Article 45(2) TFEU: no discrimination / on nationality

Work:

  • part time / effective & genuine economic activities (Levin)
  • even if require state benefits supplement (Kempf)
  • employment relationship / performs services under direction of another / indicator of worker status (Lawrie-Blum)
  • unpaid work / economic value to community (Steymann)
  • UK Court of Appeal / 6 months sufficient (Mohammed Barry)

Jobseekers:

  • covered by Article 45 TFEU / not unlimited / State can place restrictions (Antonissen)
  • Directive 2004/38: continuing to seek employment / & genuine chance of being engaged

Application:

  • direct discrimination (Bosman )/ indirect discrimination (Allue) / non-discriminatory restrictive effect (Bosman)
bits of law

Personal Mobility: Worker Rights

[Flash Card 2 of 2]

Regulation 1612/68

  • Article 1: right to take employment
  • Article 6(1): not subject to discriminatory tests or criteria
  • Article 7(1): not treated differently grounds nationality / conditions employment
  • Article 7(2): equal social & tax advantages / as national workers
  • social advantage / beyond employment contract / applies to families in same way as nationals (Cristini v SNCF)
  • Article 7(3): equal access to training
bits of law
This site is best viewed with style sheets (CSS) enabled and an up-to-date browser.