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BackThis week, the European Parliament decided that citizens from third countries, who are legally working within the EU, will enjoy common rights, similar to those of EU citizens as regards working conditions, pensions, social security and access to public services. The law was passed under the title ‘combined working and residence permit’ (Single Permit). However, it remains at the discretion of the Member States whether and how many third country nationals will be admitted and permitted to work. The Member States are also entitled to impose specific restrictions on these rights.
Single Permit will grant equal treatment to non-EU workers
Workers, who have been granted a “Single Permit”, are eligible to the same rights as EU workers. They are entitled to correct working conditions, the recognition of qualifications; they may join a trade union and enjoy the same rights regards pensions, social security, labour market service as well as social housing. However, the EU Member States have the right to impose specific restrictions on these rights. Member States have to decide within four months whether they want to grant single permit applications. In contrast to what some in the European Parliament had wanted originally, the regulation excludes posted and seasonal workers and employees, who are transferred to branches of their company within the EU. An attempt is currently made at EU level to establish separate regulations.
The Directive will come into force in two years’ time
Following the publication in the EU Official Journal, Member States will have two years to transpose the Directive into their national laws. Agreement has already been reached at Council level. Hence, the coast is clear for implementation and a chapter is closed, which took several years to complete. Only the Treaty of Lisbon made it possible that agreement has been reached; previously, the Single Permit Directive was the sole responsibility of the Member States, who would have had to make a unanimous decision. Due to the resistance of some Member States that had not been possible.
Further information:
Press Release of the European Parliaments on the Single Permit
Workers, who have been granted a “Single Permit”, are eligible to the same rights as EU workers. They are entitled to correct working conditions, the recognition of qualifications; they may join a trade union and enjoy the same rights regards pensions, social security, labour market service as well as social housing. However, the EU Member States have the right to impose specific restrictions on these rights. Member States have to decide within four months whether they want to grant single permit applications. In contrast to what some in the European Parliament had wanted originally, the regulation excludes posted and seasonal workers and employees, who are transferred to branches of their company within the EU. An attempt is currently made at EU level to establish separate regulations.
The Directive will come into force in two years’ time
Following the publication in the EU Official Journal, Member States will have two years to transpose the Directive into their national laws. Agreement has already been reached at Council level. Hence, the coast is clear for implementation and a chapter is closed, which took several years to complete. Only the Treaty of Lisbon made it possible that agreement has been reached; previously, the Single Permit Directive was the sole responsibility of the Member States, who would have had to make a unanimous decision. Due to the resistance of some Member States that had not been possible.
Further information:
Press Release of the European Parliaments on the Single Permit