§ Mr. HealdTo ask the Secretary of State for Work and Pensions what assessment he has made of the informal barriers to employment for British workers in the EU. [84576]
§ Mr. Nicholas Brown[holding answer 2 December 2002]: The main informal barriers relate to such problems as language or culture and are therefore not readily solved. However, the UK Government take up individual cases where any barriers seem to be unreasonable, and intervenes where appropriate when cases come before the European Court of Justice.
The Department has worked with the European Commission to help produce their communication of 28 February 2001 on "New European Labour Markets, Open to All with Access for All" and have contributed to the subsequent House of Lords Select Committee investigation. We will continue to look to improve our understanding of this issue so that we can raise the employment opportunities available to all UK jobseekers.
Free movement of people is one of the four freedoms within the internal market of the European Union. Within the free movement title of the EC Treaty, Article 39 states that free movement of workers "shall be secured within the Community". This means that workers of the member states are free to accept offers of employment actually made in another member state, and to remain in another member state for the purposes of carrying out employment. However, Article 39 does not apply to employment in the public service.
136WThe main EU regulation giving effect to free movement rights for workers of EU member states is EEC Regulation 1612/68. This guarantees migrant workers equality of treatment with nationals of the host country in respect of:
The regulation guarantees, subject to certain conditions, the right of the migrant worker's family to live in the host country.
- The right to take up an activity as an employed person;
- The right to negotiate and conclude an employment contract;
- Full and free access to the host country labour market;
- Assistance from public employment offices;
- Enlargement and recruitment conditions;
- Conditions of employment and conditions governing reemployment, social and tax advantages, vocational training, retraining, and clauses contained in collective or individual contracts of employment;
- Membership of trade unions and the exercise of rights attaching thereto;
- Housing; and
- Access of children to education and vocational training.
Nevertheless, provided they fulfil their obligations under EU legislation, member states can and do place restrictions on the free movement rights of EU citizens. In particular, Article 39(3) of the EC Treaty allows member states in some circumstances to restrict the movement and residence of workers on the grounds of "public policy, public security or public health".