Ensuring that EU workers’ rights are respected when working abroad

KEY POINTS

The EU free movement and anti-discrimination principles guarantee that people working abroad have the same employment rights as nationals. These are set out in Regulation (EU) No 492/2011 (see summary).

Workers’ rights

• Access to employment and clear working conditions on pay, dismissal and health and safety.
• Access to social and tax advantages.
• Access to training, housing, education and apprenticeships.
• Membership of trade unions.
• Assistance from employment offices.

Defending these rights

The directive requires national authorities to ensure that judicial procedures are available for all EU workers who consider that they are suffering from discrimination in some way. In addition, organisations, associations, trade unions and employers’ bodies involved in the directive’s implementation may represent or support EU workers and their families in any legal action that they might undertake.

Promoting equal treatment

Every Member State must designate at least one organisation or central point to ensure that workers and their families do not suffer from discrimination or unjustified restrictions on their right to work where they wish because of their nationality.

These organisations must:

• provide independent legal and other assistance, which must be free of charge for those who cannot afford it, in line with national practice;
• act as a contact point for similar national organisations in other Member States and cooperate with EU information and assistance services such as Your Europe and Solvit;
• carry out or commission independent surveys and analyses of unjustified restrictions and discrimination;
• make recommendations for tackling discrimination.