Regulation (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
Modified by
- Regulation (EU) 2016/589 of the European Parliament and of the Councilof 13 April 2016on a European network of employment services (EURES), workers' access to mobility services and the further integration of labour markets, and amending Regulations (EU) No 492/2011 and (EU) No 1296/2013(Text with EEA relevance), 32016R0589, April 22, 2016
(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.
(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.
(a) details of vacancies which could be filled by nationals of other Member States; (b) details of vacancies addressed to third countries; (c) details of applications for employment by those who have formally expressed a wish to work in another Member State; (d) information, by region and by branch of activity, on applicants who have declared themselves actually willing to accept employment in another country.
(a) the regional employment services of the Member States shall: (i) on the basis of the information referred to in Article 13, on which appropriate action will be taken, directly bring together and clear vacancies and applications for employment; (ii) establish direct relations for clearance: of vacancies offered to a named worker, of individual applications for employment sent either to a specific employment service or to an employer pursuing his activity within the area covered by such a service, where the clearing operations concern seasonal workers who must be recruited as quickly as possible;
(b) the services territorially responsible for the border regions of two or more Member States shall regularly exchange data relating to vacancies and applications for employment in their area and, acting in accordance with their arrangements with the other employment services of their countries, shall directly bring together and clear vacancies and applications for employment. If necessary, the services territorially responsible for border regions shall also set up cooperation and service structures to provide: users with as much practical information as possible on the various aspects of mobility, and management and labour, social services (in particular public, private or those of public interest) and all institutions concerned, with a framework of coordinated measures relating to mobility,
(c) official employment services which specialise in certain occupations or specific categories of persons shall cooperate directly with each other.
(a) coordinating the practical measures necessary for vacancy clearance at Union level and for analysing the resulting movements of workers; (b) contributing to such objectives by implementing, in cooperation with the Technical Committee, joint methods of action at administrative and technical levels; (c) carrying out, where a special need arises, and in agreement with the specialist services, the bringing together of vacancies and applications for employment for clearance by those specialist services.
(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.
(a) promoting and advancing cooperation between the public authorities concerned in the Member States on all technical questions relating to freedom of movement of workers and their employment; (b) formulating procedures for the organisation of the joint activities of the public authorities concerned; (c) facilitating the gathering of information likely to be of use to the Commission and the undertaking of the studies and research provided for in this Regulation, and encouraging exchange of information and experience between the administrative bodies concerned; (d) investigating at a technical level the harmonisation of the criteria by which Member States assess the state of their labour markets.
| Only Article 38(1) |
| 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 |