Legal provisions of COM(2013)236 - Measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
dossier | COM(2013)236 - Measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers. |
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document | COM(2013)236 ![]() |
date | April 16, 2014 |
Contents
- Article 1 - Subject matter
- Article 2 - Scope
- Article 3 - Defence of rights
- Article 4 - Bodies to promote equal treatment and to support Union workers and members of their family
- Article 5 - Dialogue
- Article 6 - Access to and dissemination of information
- Article 7 - Minimum requirements
- Article 8 - Transposition
- Article 9 - Report
- Article 10 - Entry into force
- Article 11 - Addressees
Article 1 - Subject matter
Article 2 - Scope
(a) | access to employment; |
(b) | conditions of employment and work, in particular as regards remuneration, dismissal, health and safety at work, and, if Union workers become unemployed, reinstatement or re-employment; |
(c) | access to social and tax advantages; |
(d) | membership of trade unions and eligibility for workers' representative bodies; |
(e) | access to training; |
(f) | access to housing; |
(g) | access to education, apprenticeship and vocational training for the children of Union workers; |
(h) | assistance afforded by the employment offices. |
2. The scope of this Directive is identical to that of Regulation (EU) No 492/2011.
Article 3 - Defence of rights
2. Member States shall ensure that associations, organisations, including the social partners, or other legal entities, which have, in accordance with the criteria laid down in their national law, practice or collective agreements, a legitimate interest in ensuring that this Directive is complied with, may engage, either on behalf of or in support of, Union workers and members of their family, with their approval, in any judicial and/or administrative procedure provided for the enforcement of the rights referred to in Article 1.
3. Paragraph 2 shall apply without prejudice to other competences and collective rights of the social partners, employees' and employers' representatives, where applicable, including the right to take action on behalf of a collective interest, under national law or practice.
4. Paragraph 2 shall apply without prejudice to national rules of procedure concerning representation and defence in court proceedings.
5. Paragraphs 1 and 2 of this Article shall apply without prejudice to national rules on time limits for enforcement of the rights referred to in Article 1. However, those national time-limits shall not render virtually impossible or excessively difficult the exercise of those rights.
6. Member States shall introduce in their national legal systems such measures as are necessary to protect Union workers from any adverse treatment or adverse consequence as a reaction to a complaint or proceedings aimed at enforcing compliance with the rights referred to in Article 1.
Article 4 - Bodies to promote equal treatment and to support Union workers and members of their family
2. Member States shall ensure that the competences of those bodies include:
(a) | providing or ensuring the provision of independent legal and/or other assistance to Union workers and members of their family, without prejudice to their rights, and to the rights of associations, organisations and other legal entities referred to in Article 3; |
(b) | acting as a contact point vis-à-vis equivalent contact points in other Member States in order to cooperate and share relevant information; |
(c) | conducting or commissioning independent surveys and analyses concerning unjustified restrictions and obstacles to the right to free movement, or discrimination on grounds of nationality, of Union workers and members of their family; |
(d) | ensuring the publication of independent reports and making recommendations on any issue relating to such restrictions and obstacles or discrimination; |
(e) | publishing relevant information on the application at national level of Union rules on free movement of workers. |
In relation to point (a) of the first subparagraph where bodies provide assistance in legal proceedings, such assistance shall be free of charge to persons who lack sufficient resources, in accordance with national law or practice.
3. Member States shall communicate to the Commission the names and contact details of the contact points and any updated information or changes thereto. The Commission shall keep a list of contact points and shall make it available to the Member States.
4. Member States shall ensure that existing or newly created bodies are aware of, and are able to make use of, and cooperate with, the existing information and assistance services at Union level, such as Your Europe, SOLVIT, EURES, Enterprise Europe Network and the Points of Single Contact.
5. Where the tasks referred to in paragraph 2 are allocated to more than one body, Member States shall ensure that those tasks are adequately coordinated.
Article 5 - Dialogue
Article 6 - Access to and dissemination of information
2. Member States shall provide, in more than one official language of the institutions of the Union, information on the rights conferred by Union law concerning the free movement of workers that is clear, free of charge, easily accessible, comprehensive and up-to-date. This information should also be easily accessible through Your Europe and EURES.
Article 7 - Minimum requirements
2. Member States may provide that the competences of the bodies referred to in Article 4 of this Directive for the promotion, analysis, monitoring and support of equal treatment of Union workers and members of their family without discrimination on grounds of nationality also cover the right to equal treatment without discrimination on grounds of nationality of all Union citizens exercising their right to free movement and the members of their family, in accordance with Article 21 TFEU and Directive 2004/38/EC.
3. The implementation of this Directive shall under no circumstances be sufficient grounds for a reduction in the level of protection of Union workers and members of their family, in the areas to which it applies, without prejudice to the Member States' right to respond to changes in the situation by introducing laws, regulations and administrative provisions which differ from those in force on 20 May 2014, provided that this Directive is complied with.
Article 8 - Transposition
When Member States adopt those measures they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.