Tuesday, 11 December 2012

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EU employment issues and rights

You are entitled to be recruited under the same conditions as nationals of the country in which you are seeking work. You cannot be asked to meet any additional requirements. This means that you can apply for any job vacancy advertised in any EU country, including public sector jobs. However, certain public service posts may be restricted to nationals of a particular country where the job in question involves safeguarding public order or the interests of the state.

Recognition of diplomas

The EU has set up systems for recognising diplomas and training that enable you to make full use of your training and skills in another EU country. The basic principle is that if you are qualified to exercise a profession in your home country, you are qualified to exercise the same profession in any other EU country.
A general system of recognition of qualifications that is applicable to most regulated professions has been put in place across the EU. So, if you wish to work in a profession (as a teacher, lawyer, engineer or psychologist, for example) that is regulated in the country of employment, you must apply for recognition of your qualifications in that country. The authorities have four months in which to reply. If they consider that your training is significantly different in terms of duration or content from that given in the host country, you may be asked to obtain either additional professional experience completing your training, or to take a training course or to take an aptitude test.
If you are a doctor, a general nurse, a dentist, a midwife, a vet, a pharmacist or an architect, your national qualifications are in principle recognised automatically.
If your profession is not regulated in the country in which you wish to work, no recognition of your qualifications is required.

Job seeking

If you are unemployed, you have the right to live in another EU country for a "reasonable period" of time in order to look for a job. In the absence of a definition of "reasonable period", most EU countries are now operating a six-month period, though you are advised to check the exact situation with the national authorities of the EU country in which you are looking for work. However, no matter how long you have to look for a job, you cannot be asked to leave the country if you can prove that you are genuinely looking for a job and that you have a real chance of finding one. For example, you still have interviews or tests to attend.
You can register at employment agencies and centres without being resident in the country in which you wish to work and you will be given the same help to find work as nationals of that country.
If you are drawing unemployment benefit in one member state, you may continue to draw benefit from that same country for up to three months after you move to another member state. This is provided that you have been available to the employment services in the country where you have been drawing unemployment benefit for at least four weeks. The agency paying your unemployment benefit will issue you with Form E303. As a job seeker, you must take this form to the employment services in the country in which you are seeking work. If you do not find work, you must return to the first country within three months, otherwise you will lose your right to unemployment benefit.

Employment rights

As an EU national working in another EU country you have the right to live there. For a stay of over three months, this right is confirmed by the issuing of a residence permit to EU nationals.
You are subject to the same working conditions as nationals of the country you are working in as regards, for example, pay, dismissal, hours of work, maternity leave and health /safety at work. You are also subject to the same conditions as nationals of the host country with regard to the principles of equality between men and women.

Workers posted to another EU country

You have certain specific rights if you are a "posted" worker, (that means, you work for a limited period of time in a member state other than the one where you normally work). If you are to be posted for a period of more than a month, your employer must inform you in writing, before you leave, of your pay and working conditions while you are abroad.
You will usually remain affiliated to the social security system of your country of origin.
As regards taxation of your income, the tax convention concluded between member states of the EU usually means that the salary of a posted worker can be taxed in the country where you normally reside. One of these conditions is that the time spent by you in the member state to which you are posted should not exceed 183 days over a 12 month period. However, you should contact the tax authorities of the member state concerned.

Freedom to provide services

You may choose to offer your services in another EU country without establishing yourself there permanently. If you comply with the rules of the profession or trade that apply in your own country, you can, in principle, offer those services anywhere else in the EU. You can travel to assist clients located in another EU country or you can provide paid services from your country of residence without travelling there.

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