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The Free Movement of Workers Regulation No. 492/2011 is a
European Union law European Union law is a system of Supranational union, supranational Law, laws operating within the 27 member states of the European Union (EU). It has grown over time since the 1952 founding of the European Coal and Steel Community, to promote ...
, which specifies the right of workers of any
European Union The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are Geography of the European Union, located primarily in Europe. The u ...
Member State to move to and access employment in another Member State without unjustified discrimination.


Important elements

;Article 1 :*a national ‘has the right to take up an activity as an employed person, and to pursue such activity, within the territory of another Member State’ like a national. ;Article 2 :*the right to conclude and perform contracts of employment in accordance with the laws of the host state. ;Article 3(1)(a) :*discriminatory provisions against foreign nationals, restricting obtaining work, are not permissible, e.g. on linguistic knowledge ;Article 3(1)(b) :*national provisions do not apply where ‘though applicable irrespective of nationality, their exclusive or principal aim or effect is to keep nationals of other Member States away from employment offered’ ;Article 3(2) :*prohibiting a special recruitment procedure for foreign nationals, restricting ads, or additional requirements of eligibility to register for employment offices. ;Article 4(1) :*provisions restricting employment of foreign nationals must not apply to nationals of other member states ;Article 4(2) :*if there is a requirement for a minimum number of national workers to be employed, other member state citizens count in that quota. ;Article 6(1) :*engagement and recruitment of a worker must not depend on medical, vocational or other criteria that discriminate on grounds of nationality ;Article 6(2) :*a migrant worker can be required to take a vocational test when employment is offered. ;Article 7(1) :*a migrant worker cannot be treated ‘differently from national workers in respect of any conditions of employment and work, in particular as regards remuneration, dismissal, and should he become unemployed, reinstatement or reemployment.’ ;Article 7(2) ;*workers should receive the same social and tax advantages as national workers. ;Article 7(4) :*collective agreement clauses that discriminate are null and void.


See also

*
Citizens’ Rights Directive The Citizens' Rights Directive 2004/38/EC (also sometimes called the "Free Movement Directive") sets out the conditions for the exercise of the right of free movement for citizens of countries in the European Economic Area (EEA), which includes ...
*
European Union law European Union law is a system of Supranational union, supranational Law, laws operating within the 27 member states of the European Union (EU). It has grown over time since the 1952 founding of the European Coal and Steel Community, to promote ...


Notes


External links

*{{CELEX, id=32011R0492, text=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 European Union law