FREEDOM OF MOVEMENT FOR WORKERS
| GERMANY |
| ARBEITNEHMERFREIZÜGIGKEIT FREEDOM OF MOVEMENT FOR WORKERS |
Freedom of movement for workers implies, first and foremost, the abolition of any form of discrimination in the EC Member States on the grounds of the nationality of the individual employee. It excludes nationals of other countries and stateless persons. These can, however, engage in any form of paid employment in the Federal Republic as the spouses or children (up to the age of 21) of a beneficiary.
As a ban on discrimination, freedom of movement for workers encompasses differentiation on grounds of nationality with regard to employment, pay and other terms and conditions. It is law that is directly applicable in all EC Member States, which means that the individual can invoke it against any Member State. It follows from the ban on discrimination that an employee who is an EC national has rights covering: applying in response to actual job offers; mobility for the purposes of seeking work (freedom of movement); residence for the purposes of carrying on employment; and continuance of the right of abode after the employment has ended.
There are exceptions to the right of mobility inasmuch as it does not apply to those employed in the public administration and freedom of movement may be restricted on grounds of threat to public security, order or health. Also, in the Federal Republic even nationals of EC Member States need a special residence permit . This is granted on production of valid identity papers together with a certificate of appointment from the employer or a certificate of employment. On the other hand, nationals of EC Member States do not need a work permit .
Please note: the European industrial relations glossaries were compiled between 1991 and 2003 and are not updated. For current material see the European industrial relations dictionary.