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