Freedom of Movement
Sweden’s leading law firm in labour law
Specialists in advanced negotiations
Representing employers and employees– in Sweden and abroad
The European Union and the cooperation between Member States requires that fundamental rights are observed. One of these rights is the freedom of movement and the free movement of workers between the EU Member States and is specified in Directive 2004/38 / EC, the so-called Movement Directive. The result of the Directive for an employer is in reality that the employer can employ whomever he wants within the borders of the European Union. The premise is that a citizen of a Member State may reside in another member state up to three months without any requirements. In order to stay in a Member State for longer than three months, the individual must be employed in the recipient country in accordance with the Directive.
The European Court of Justice has ruled that a worker has the right to stay in the Member State for longer than three months if the worker performs actual work without requiring the work to actually generate sufficient income to support the person in question. The work is in line with the rules of the Directive as long as it is not work that can be interpreted as minor. For example, a student with an extra job cannot be considered to have an actual job and thus cannot be considered an employee within the meaning of the Directive.
Another important condition for those applying for work in another Member State is the reasonable time they are allowed to stay in the Member State without the requirement for a residence permit for the purpose of finding work. A jobseeker may thus stay in a Member State without a requirement for a residence permit for a reasonable period of time in order to have the opportunity to actually find a job even after the first three months have passed. When the employee has found work, the employment must be substantiated with some type of attestation from the employer, for example, an employment contract. In conclusion, the European Union's rules on freedom of movement can be considered to be of great value to the labour market, for both employers and workers.