Notes FM Workers Rights Flashcards

0
Q

Why was the regulation passed?

A

In order to elaborate on Article 45(2) of the TFEU which deals with discrimination on the grounds of nationality.

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1
Q

What are the important pieces of legislation relating to workers’ rights?

A

Article 45 of the TFEU and Regulation 1612/68.

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2
Q

What does Article 45(1) of the TFEU state?

A

That freedom of movement for workers shall be secured within the union meaning they have the right to move for the purposes of work (The Bosman ruling).

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3
Q

What does Article 3 of regulation 1612/68 state?

A

That national legislation must not limit foreign nationals to take up employment. They must be subject to the same conditions of its nationals.

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4
Q

What is the disclaimer to Article 3 of regulation 1612/68?

A

That it doesn’t apply to conditions relating to linguistic knowledge.

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5
Q

What does Article 4 of regulation 1612/68 state?

A

National legislation must not restrict the number of foreign nationals (Bosman Ruling).

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6
Q

What does Article 45(2) TFEU and Article 7(1) of regulation 1612/68 deal with?

A

The prohibition of discrimination on grounds of nationality in the employment context.

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7
Q

What does Article 7(2) of Regulation 1612/68 state?

A

That all workers who are employed in a member state other than their home state are entitled to the same social and tax advantages as nationals.

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8
Q

What is a social advantage?

A

In Even they stated that it was those which are generally granted to national workers primarily because of their status of worker.

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