Workers leave rights behind

President Nicolas Sarkozy has come
under fire for his repatriation scheme affecting hundreds of Roma Gypsies whose
camps have been shut down. The French
government has defended their position as moving the Roma population on from
deplorable conditions in a “decent and humane” manner. They have also stated that travellers’ camps
were often the source of illegal activity such as drug trafficking and the
“exploitation of children for begging, prostitution and crime.”  Of course, under treaties signed by Member States, all citizens have the right of non-restrictive travel within the European Union.

What was originally the free movement of workers has evolved, through community law, into the free movement of persons as the right of all European citizens.

Many of those moved on have stated their intention to return to France as there are simply no jobs in Romania. However, despite the freedom of movement throughout Europe, French law actually requires individuals from the Roma travelling community to be in possession of a work permit. They also must be able to prove an ability to support themselves financially in order to be allowed to stay for more than three months. Those affected have reported the difficulty the Roma community have in obtaining these permits.

So, given that workers should have free
movement within EU countries, is Sarkozy’s removal of the Roma population, or
the requirement placed upon them to obtain permits, in contravention to this EU
legislation? Well, further clarification is needed regarding the free movement
of workers and, in particular, what the term ‘worker’ actually means. There have been many challenges to this
legislation resulting in its development as interpreted by European Court of
Justice case law. What was originally the
free movement of workers has evolved, through community law, into the free
movement of persons as the right of all European citizens.

With
regards to Article 39 of the EC Treaty, which allows an EU national to leave
their country of birth to undertake employment in another EU country, there are
some responsibilities and restrictions. The classification of a worker is someone who
is paid for working under someone else. The work must be effective and genuine. However, there are restrictions to members of
countries who joined the EU in recent years. The Roma population originate from Romania and
Bulgaria who joined the EU on January 1, 2007. Their movement throughout other
European countries can be restricted for a maximum period of seven years during
the transition of the accession to the EU. These measures were introduced by the existing states in order to protect and preserve their labour markets.

It has
been this enlargement of the EU which has resulted
in the need for further governmental responses in relation to Employment Law. The position adopted by the UK has changed as
the number of member states have increased. Workers
are now requested to register in the UK under the Workers’ Registration Scheme. While this is not a requirement, it is
in the interests of the individual to do so as registration unlocks entitlement
to social housing and particular in-work employee benefits. An individual registers based on their current
employment in the UK. As such, the
registration is nullified as soon as employment with that employer ceases.

There
is also protection for migrant workers travelling within the EU. Particular attention is paid to both direct
and indirect discrimination based on an individual’s nationality. Workers can also work between EU states for
the same employer, but there is responsibilities placed on the employee to be
respectful towards the labour standards of each country they are working in.