LegalizeRegulation (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 Text with EEA relevance
CHAPTER I
EMPLOYMENT, EQUAL TREATMENT AND WORKERS’ FAMILIES
SECTION 1
Eligibility for employment
Article 1
Article 2
Any national of a Member State and any employer pursuing an activity in the territory of a Member State may exchange their applications for and offers of employment, and may conclude and perform contracts of employment in accordance with the provisions in force laid down by law, regulation or administrative action, without any discrimination resulting therefrom.
Article 3
Under this Regulation, provisions laid down by law, regulation or administrative action or administrative practices of a Member State shall not apply:
(a) where they limit application for and offers of employment, or the right of foreign nationals to take up and pursue employment or subject these to conditions not applicable in respect of their own nationals; or
(b) where, though applicable irrespective of nationality, their exclusive or principal aim or effect is to keep nationals of other Member States away from the employment offered.
The first subparagraph shall not apply to conditions relating to linguistic knowledge required by reason of the nature of the post to be filled.
There shall be included in particular among the provisions or practices of a Member State referred to in the first subparagraph of paragraph 1 those which:
(a) prescribe a special recruitment procedure for foreign nationals;
(b) limit or restrict the advertising of vacancies in the press or through any other medium or subject it to conditions other than those applicable in respect of employers pursuing their activities in the territory of that Member State;
(c) subject eligibility for employment to conditions of registration with employment offices or impede recruitment of individual workers, where persons who do not reside in the territory of that State are concerned.
Article 4
Article 5
A national of a Member State who seeks employment in the territory of another Member State shall receive the same assistance there as that afforded by the employment offices in that State to their own nationals seeking employment.
Article 6
SECTION 2
Employment and equality of treatment
Article 7
Article 8
A worker who is a national of a Member State and who is employed in the territory of another Member State shall enjoy equality of treatment as regards membership of trade unions and the exercise of rights attaching thereto, including the right to vote and to be eligible for the administration or management posts of a trade union. He may be excluded from taking part in the management of bodies governed by public law and from holding an office governed by public law. Furthermore, he shall have the right of eligibility for workers’ representative bodies in the undertaking.
The first paragraph of this Article shall not affect laws or regulations in certain Member States which grant more extensive rights to workers coming from the other Member States.
Article 9
If his family has remained in the country whence he came, they shall be considered for this purpose as residing in the said region, where national workers benefit from a similar presumption.
SECTION 3
Workers’ families
Article 10
The children of a national of a Member State who is or has been employed in the territory of another Member State shall be admitted to that State’s general educational, apprenticeship and vocational training courses under the same conditions as the nationals of that State, if such children are residing in its territory.
Member States shall encourage all efforts to enable such children to attend these courses under the best possible conditions.
CHAPTER II
CLEARANCE OF VACANCIES AND APPLICATIONS FOR EMPLOYMENT
SECTION 1
Cooperation between the Member States and with the Commission
SECTION 2
Machinery for vacancy clearance
Article 13
SECTION 3
Measures for controlling the balance of the labour market
SECTION 4
European Coordination Office
CHAPTER III
COMMITTEES FOR ENSURING CLOSE COOPERATION BETWEEN THE MEMBER STATES IN MATTERS CONCERNING THE FREEDOM OF MOVEMENT OF WORKERS AND THEIR EMPLOYMENT
SECTION 1
The Advisory Committee
Article 21
The Advisory Committee shall be responsible for assisting the Commission in the examination of any questions arising from the application of the Treaty on the Functioning of the European Union and measures taken in pursuance thereof, in matters concerning the freedom of movement of workers and their employment.
Article 22
The Advisory Committee shall be responsible in particular for:
(a) examining problems concerning freedom of movement and employment within the framework of national manpower policies, with a view to coordinating the employment policies of the Member States at Union level, thus contributing to the development of the economies and to an improved balance of the labour market;
(b) making a general study of the effects of implementing this Regulation and any supplementary measures;
(c) submitting to the Commission any reasoned proposals for revising this Regulation;
(d) delivering, either at the request of the Commission or on its own initiative, reasoned opinions on general questions or on questions of principle, in particular on exchange of information concerning developments in the labour market, on the movement of workers between Member States, on programmes or measures to develop vocational guidance and vocational training which are likely to increase the possibilities of freedom of movement and employment, and on all forms of assistance to workers and their families, including social assistance and the housing of workers.
Article 23
On expiry of their term of office, the members and their alternates shall remain in office until replaced or until their appointments are renewed.
Article 24
The members of the Advisory Committee and their alternates shall be appointed by the Council, which shall endeavour, when selecting representatives of trade unions and employers’ associations, to achieve adequate representation on the Committee of the various economic sectors concerned.
The list of members and their alternates shall be published by the Council for information in the Official Journal of the European Union.
Article 25
The Advisory Committee shall be chaired by a member of the Commission or his representative. The Chairman shall not vote. The Committee shall meet at least twice a year. It shall be convened by its Chairman, either on his own initiative, or at the request of at least one third of the members.
Secretarial services shall be provided for the Committee by the Commission.
Article 26
The Chairman may invite individuals or representatives of bodies with wide experience in the field of employment or movement of workers to take part in meetings as observers or as experts. The Chairman may be assisted by expert advisers.
The European Labour Authority established by Regulation (EU) 2019/1149 of the European Parliament and of the Council (2) shall participate in the meetings of the Advisory Committee as an observer, providing technical input and expertise as relevant.
Article 27
Article 28
The Advisory Committee shall establish its working methods by rules of procedure which shall enter into force after the Council, having received an opinion from the Commission, has given its approval. The entry into force of any amendment that the Committee decides to make thereto shall be subject to the same procedure.
SECTION 2
The Technical Committee
CHAPTER IV
FINAL PROVISIONS
Article 35
The rules of procedure of the Advisory Committee in force on 8 November 1968 shall continue to apply.
Article 36
Nevertheless, this Regulation shall apply to the category of workers referred to in the first subparagraph and to members of their families in so far as their legal position is not governed by the above-mentioned Treaty or measures.
Workers from such countries or territories who, in accordance with this provision, are pursuing activities as employed persons in the territory of one of those Member States may not invoke the benefit of the provisions of this Regulation in the territory of the other Member States.
Article 37
Member States shall, for information purposes, communicate to the Commission the texts of agreements, conventions or arrangements concluded between them in the manpower field between the date of their being signed and that of their entry into force.
Article 39
The administrative expenditure of the Advisory Committee shall be included in the general budget of the European Union in the section relating to the Commission.
Article 40
This Regulation shall apply to the Member States and to their nationals, without prejudice to Articles 2 and 3.
Article 41
Regulation (EEC) No 1612/68 is hereby repealed.
References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex II.
Article 42
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
REPEALED REGULATION WITH LIST OF ITS SUCCESSIVE AMENDMENTS
| Council Regulation (EEC) No 1612/68 (OJ L 257, 19.10.1968, p. 2) | |
|---|---|
| Council Regulation (EEC) No 312/76 (OJ L 39, 14.2.1976, p. 2) | |
| Council Regulation (EEC) No 2434/92 (OJ L 245, 26.8.1992, p. 1) | |
| Directive 2004/38/EC of the European Parliament and of the Council (OJ L 158, 30.4.2004, p. 77) | Only Article 38(1) |
ANNEX II
Correlation Table
| Regulation (EEC) No 1612/68 | This Regulation |
|---|---|
| Part I | Chapter I |
| Title I | Section 1 |
| Article 1 | Article 1 |
| Article 2 | Article 2 |
| Article 3(1), first subparagraph | Article 3(1), first subparagraph |
| Article 3(1), first subparagraph, first indent | Article 3(1), first subparagraph, point (a) |
| Article 3(1), first subparagraph, second indent | Article 3(1), first subparagraph, point (b) |
| Article 3(1), second subparagraph | Article 3(1), second subparagraph |
| Article 3(2) | Article 3(2) |
| Article 4 | Article 4 |
| Article 5 | Article 5 |
| Article 6 | Article 6 |
| Title II | Section 2 |
| Article 7 | Article 7 |
| Article 8(1) | Article 8 |
| Article 9 | Article 9 |
| Title III | Section 3 |
| Article 12 | Article 10 |
| Part II | Chapter II |
| Title I | Section 1 |
| Article 13 | Article 11 |
| Article 14 | Article 12 |
| Title II | Section 2 |
| Article 15 | Article 13 |
| Article 16 | Article 14 |
| Article 17 | Article 15 |
| Article 18 | Article 16 |
| Title III | Section 3 |
| Article 19 | Article 17 |
| Title IV | Section 4 |
| Article 21 | Article 18 |
| Article 22 | Article 19 |
| Article 23 | Article 20 |
| Part III | Chapter III |
| Title I | Section 1 |
| Article 24 | Article 21 |
| Article 25 | Article 22 |
| Article 26 | Article 23 |
| Article 27 | Article 24 |
| Article 28 | Article 25 |
| Article 29 | Article 26 |
| Article 30 | Article 27 |
| Article 31 | Article 28 |
| Title II | Section 2 |
| Article 32 | Article 29 |
| Article 33 | Article 30 |
| Article 34 | Article 31 |
| Article 35 | Article 32 |
| Article 36 | Article 33 |
| Article 37 | Article 34 |
| Part IV | Chapter IV |
| Title I | — |
| Article 38 | — |
| Article 39 | Article 35 |
| Article 40 | — |
| Article 41 | — |
| Title II | — |
| Article 42(1) | Article 36(1) |
| Article 42(2) | Article 36(2) |
| Article 42(3), first subparagraph, first and second indents | Article 36(3), first subparagraph |
| Article 42(3), second subparagraph | Article 36(3), second subparagraph |
| Article 43 | Article 37 |
| Article 44 | Article 38 |
| Article 45 | — |
| Article 46 | Article 39 |
| Article 47 | Article 40 |
| — | Article 41 |
| Article 48 | Article 42 |
| — | Annex I |
| — | Annex II |
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