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Free movement of workers:
legal basis and
EURES
as a tool to promote it
Marco FERRI
Deputy Head of Unit
Employment Services, Mobility
Ankara, 11-12 October 2010
Directorate-General for Employment, Social Affairs and Equal Opportunities ─ Unit D3
►Outline
1.
The legal base
2. What EURES is
3. Next steps…
EURES legal base
► Treaty on the Functioning of the European Union
► Title IV – Free Movement of Persons, Services and capital
►
►
Article 45
►
Abolition of any discrimination among workers based on nationality
►
The right to accept offers of employment
►
To stay in a Member State for the purposes of employment
Article 46
►
(a) by ensuring close cooperation between national employment services;
(b) by abolishing those administrative procedures and practices and those qualifying
periods in respect of eligibility for available employment, whether resulting from national
legislation or from agreements previously concluded between Member States, the
maintenance of which would form an obstacle to liberalisation of the movement of workers;
(c) by abolishing all such qualifying periods and other restrictions provided for either under
national legislation or under agreements previously concluded between Member States as
imposed on workers of other Member States conditions regarding the free choice of
employment other than those imposed on workers of the State concerned;
(d) by setting up appropriate machinery to bring offers of employment into touch with
applications for employment and to facilitate the achievement of a balance between supply
and demand in the employment market in such a way as to avoid serious threats to the
standard of living and level of employment in the various regions and industries.
EURES legal base
►Regulation 1612/68
► The Regulation firstly entitles all nationals of a Member State to take up
and engage in gainful employment on the territory of another Member
State in conformity with the relevant regulations applicable to national
workers.
► This entitlement is enjoyed without discrimination by permanent,
seasonal and frontier workers or by those who pursue their activities
for the purpose of providing services.
► A worker on the territory of another Member State is entitled to the
same priority as the nationals of that Member State as regards access
to available employment and to the same assistance as that afforded
by the host Member State's employment offices to their own nationals
seeking employment. Recruitment may not be dependent on medical,
occupational or other criteria which discriminate on the grounds of
nationality.
► Creates a machinery for the clearing of vacancies - EURES
EURES legal base
►A success! 3 reasons:
► from aliens to human beings
►Integration into host society
►EU citizenship
What about Turkey?
► Non-EU nationals rights depend on nationality and status and are
determined by different agreements and other EU rules:
► The right of Turkish nationals to move to an EU country to work depends
entirely on the laws of that country. But according to the Association
Agreement with Turkey, Turkish workers who are legally employed in an EU
country and who are duly registered as belonging to the labour force there
have the following rights:
► after one year legal employment they are entitled to a renewal of the work
permit for the same employer if a job is available
► after three years legal employment they may change employers and
respond to any other offer of employment for the same occupation
► after four years legal employment they enjoy free access to any paid
employment in that EU country
► Turkish nationals working legally in an EU country are also entitled to the
same working conditions as the nationals of that country.
EURES legal base
Institution building and positive cooperation…
Commission decision 2003/8
► EURES functioning ahead of 2004 enlargement
► COMPONENTS:
► The Commission
► Public Employment Services of the 27 Member States +
Norway, Iceland, Liechtenstein and Switzerland
► Social Partners
► 1994:
- Central database
- Workstations to all EURES advisers
► Job vacancies
► Living and working
conditions
► Mail
► 1998:
- First website
► 2011:
- Revamped site with additional
features
What is EURES really about?
PEOPLE
Julia Rozet, 28,
from Bordeaux,
France, is working
in Seville
researching the
industrial heritage
of Andalusia, as
well as working on
specialist projects
in some of the
museums of
Seville. “It has
surpassed my
expectations,
which were
already high.”
EURES is…a European Network facilitating
contact between jobseekers and employers across
the EU
► Over 850 employment advisers = trained specialists

Promoting fair mobility

Information, advise and guidance

Facilitating job matching & placement
► A Website with almost 1 000 000 Job vacancies

All vacancies published by the Public Employment Services

CVs On Line where employers can search candidates

Labour market information online (31 countries)

Living and working conditions (31 countries)

Learning opportunities
► EURES' objective is to promote:
► development of European labour markets open and accessible for all
► transnational, interregional and cross-border exchange of job-vacancies and
job applications
► transparency and information exchange on European labour markets,
including on living conditions and on the opportunities for acquisition of skills
► contribute to the goals of the European Employment Strategy by supporting
secure employment transitions and geographical and occupational mobility
►EURES' activities 2010-2013
► Information
► Advice
► Placement
► Legal vs result-oriented approach
► 80% of clients: workers, jobseekers…
EURES structure
The Portal has TWO Main Entry Points
New features from 2010
►
European Vacancy Monitor
►
More vacancies - offers from PES, PREAs and on-line providers
►
Identification of skills bottlenecks, sectoral and occupational level
►
Quarterly bulletins
►
European Skills Competences
Occupations (ESCO)
►
Combine ISCO and ISCED classifications to bridge the worlds of education and labour
markets
►
Create a unique multilingual taxonomy
►
Geographical matching tool across the EU (Match & Map)
Next steps…
► EURES aims to become more practical, user friendly
and intuitive
► EURES to become a job matching tool so as to
contribute more directly into the EU 2020 target of 75%
employment rate
► EURES will move from a Database to Matching &
Placement tool
► In essence…it should seek to help recovery in the
labour markets and contribute to employment creation
across the EU
Thank you for your attention!