1. Freedom of movement of workers in the EU
Piera Loi

2. The freedom of movement of workers
Article 45 TFEU
Freedom of movement for workers shall be secured within the Union.
Such freedom of movement shall entail the abolition of any discrimination based on
nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment.
3. It shall entail the right, subject to limitations justified on grounds of public policy, public security or public health:
(a)  to accept offers of employment actually made;
(b)  to move freely within the territory of Member States for this purpose;
(c)  to stay in a Member State for the purpose of employment in accordance with the provisions governing the employment of nationals of that State laid down by law, regulation or administrative action;
(d)  to remain in the territory of a Member State after having been employed in that State, subject to conditions which shall be embodied in regulations to be drawn up by the Commission.
4. The provisions of this Article shall not apply to employment in the public service.
EU LABOUR LAW SOURCES

3. The freedom of movement of workers
Article 45 TFEU
the right to seek employment in another Member State in conformity with the relevant regulations applicable to national workers. 
the right to stay in the host country for a period long enough to look for work, apply for a job and be recruited.
This right applies equally to all workers from other Member States, whether they are on permanent contracts, are employed as seasonal or cross-border workers or provide services.
 definition of ‘family member’ having the right to reunification formerly limited to spouse, descendants aged under 21 or dependent children, and dependent ascendants,
Directive 2004/38/EC includes registered partners if the host Member State’s legislation considers a registered partnership to be the equivalent of a marriage. Irrespective of their nationality, these family members have the right to reside in the same country as the worker.
EU LABOUR LAW SOURCES

4. The freedom of movement of workers
Article 45 TFEU
right to remain in the host country after loosing the job is regulated by Directive 2004/38/EC.
Job seekers have the right to reside for a period exceeding six months (CoJ, Case C-292/89 Antonissen) without having to meet any conditions if they continue to seek employment in the host Member State and have a ‘genuine chance’ of finding work;
during this time they cannot be expelled. 
EU LABOUR LAW SOURCES

5. The freedom of movement of workers
Directive 2004/38/EC 
For the first three months, every EU citizen has the right to reside in the territory of another EU country with no conditions or formalities other than the requirement to hold a valid identity card or passport. 
Migrant workers’ right to reside for more than three months remains subject to certain conditions, which vary depending on the citizen’s status: for EU citizens who are not workers or self-employed, the right of residence depends on their having sufficient resources not to become a burden on the host Member State’s social assistance system, and having sickness insurance.
EU LABOUR LAW SOURCES

6. The freedom of movement of workers
Restrictions on freedom of movements
Refusal of entry on the grounds of public policy, public security or public health.
Such measures must be based on the personal conduct of the individual concerned, which must represent a sufficiently serious and present threat to the fundamental interests of the state. 
free movement of workers does not apply to employment in the public sector (art TFUE)
The restriction has been interpreted in a very restrictive way by the CJEU, according to which only those posts involving the exercise of public authority and of responsibility for safeguarding the general interest of the state concerned (such as its internal or external security) may be restricted to its own nationals.
EU LABOUR LAW SOURCES

7. The freedom of movement of workers
Coordination of social security systems
Art. 45 TFUE objective is the removal of obstacles to the free movement of persons between the Member States
is necessary to adopt social security measures which prevent EU citizens who wish to move to another member state from losing some or all of their social security rights.
The coordination of social security systems is necessary to support the free movement of people within the territory of the EU.
Initially Regulation no of 1971 regulated the coordination of social security systems now a ‘modernisation coordination package’ of regulations is in force (Regulation no. 883/2004 Regulation (EC) No 988/2009, Regulation (EU) No 1231/2010).
EU LABOUR LAW SOURCES

8. The freedom of movement of workers
Coordination of social security systems
each Member State remains free to define its social security system independently
the coordination regulation serves to determine under which country’s system an EU citizen should be insured where two or more countries are involved, because the migrant worker has moved to work in two or more member states.
social security cover should be provided by the country of employment or, in the absence of employment, by the country of residence, but other rules could apply
EU LABOUR LAW SOURCES

9. The freedom of movement of workers
Coordination of social security systems: principles
Non discrimination principle:
Workers and self-employed persons from other Member States have the same rights and obligations, as far as social security benefits, as the host country’s citizen .
This principle guarantees that previous periods of insurance, work or residence in other countries will be taken into account in the calculation of benefits of workers. It applies where, for example, national legislation requires a worker to have been insured or employed for a certain period of time before he or she is entitled to certain benefits. The aggregation principle means that the competent Member State must take account of periods of insurance and employment completed under another Member State’s legislation in deciding whether a worker satisfies the requirements regarding the duration of the period of insurance or employment.
EU LABOUR LAW SOURCES

10. The freedom of movement of workers
Coordination of social security systems: principles
Aggregation principle
All periods of insurance, work or residence in other countries will be taken into account when calculating benefits of workers.
If for example a national legislation requires a worker to have been insured or employed for a certain period of time in order to be entitled to certain benefits, the aggregation principle means that the competent Member State must take account of periods of insurance and employment completed under another Member State’s legislation in calculating the thresholds or requirements regarding the duration of the period of insurance or employment.
EU LABOUR LAW SOURCES

11. The freedom of movement of workers
Coordination of social security systems: principles
Single applicable law principle
is aimed at preventing that a migrant worker obtains undue advantages from the right to freedom of movement.
Each beneficiary is covered by the legislation of one country only and pays contributions in that country only .
Contributing to compulsory social security systems in two or more Member States during the same period of insurance does not confer the right to several benefits of the same kind.
EU LABOUR LAW SOURCES

12. The freedom of movement of workers
Coordination of social security systems: principles
Exportability principle
social security benefits that have been acquired in a State can be paid throughout the Union, and prohibits Member States from reserving the payment of benefits only to people resident in the country,
it does not apply to all social security benefits, for example special rules apply to unemployment benefits, that can be paid only to unemployed people having frequent meetings with public employment services officers.
EU LABOUR LAW SOURCES

13. The freedom of movement of workers
Coordination of social security systems: benefits covered
Sickness, maternity and equivalent paternity benefits; however, means- tested social and medical assistance is not covered, as it is not dependent on previous contributions to the social security system;
—  Old-age, survivors’ and invalidity benefits;
—  Benefits in respect of accidents at work and occupational diseases;
—  Death grants;
—  Pre-retirement benefits;
—  Unemployment benefits;
—  Family benefits;
—  Special non-contributory cash benefits, which are not exportable under Article 70 of the coordinating regulation.
EU LABOUR LAW SOURCES