Ensuring that EU workers’ rights are respected when working abroad

 

SUMMARY OF:

Directive 2014/54/EU on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers

WHAT IS THE AIM OF THE DIRECTIVE?

Among the many rights enjoyed by individuals in the European Union (EU) is the ability to live and work in another EU Member State. This legislation ensures the existence of national legal remedies in case workers or their families consider that these rights are being abused.

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.

FROM WHEN DOES THE DIRECTIVE APPLY?

It has applied since 20 May 2014 and had to become law in the Member States by 21 May 2016.

BACKGROUND

For more information, see:

• Informing employees of their working conditions — summary (European Commission)
• Equal treatment in employment and occupation — summary (European Commission).

MAIN DOCUMENT

Directive 2014/54/EU of the European Parliament and of the Council of 16 April 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers (OJ L 128, 30.4.2014, pp. 8–14).

RELATED DOCUMENTS

Report from the Commission to the European Parliament, the Council and the European Economic and Social Committee on the implementation of Directive 2014/54/EU of the European Parliament and of the Council of 16 April 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers (COM(2018) 789 final, 4.12.2018).

Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (OJ L 141, 27.5.2011, pp. 1–12).

Successive amendments to Regulation (EU) No 492/2011 have been incorporated into the original document. This consolidated version is of documentary value only.

last update 28.10.2021