Laisvas darbuotojų judėjimas Lietuva Europos Sąjungos kontekste

LTDarbuotojų judėjimo laisvė Europos Sąjungoje (toliau tekste – ES) užtikrinama Europos Bendrijų steigimo sutarties 39 straipsnyje (1958). EB steigimo sutartis yra pirminis ES teisės šaltinis. Normos, liečiančios darbuotojų judėjimo laisvę yra detalizuojamos antriniuose ES teisės šaltiniuose, t.y. reglamentuose ir direktyvose. Straipsnyje analizuojamas darbuotojų judėjimo laisvės teisinis reglamentavimas ES, teisinio reglamentavimo problematika ir poreikis, atsižvelgiant į esamą situaciją ES.

ENFree movement of workers is a fundamental principle of the Treaty enshrined in Article 45 of the Treaty on the Functioning of the European Union and developed by EU secondary legislation and the Case law of the Court of Justice. EU citizens are entitled to: look for a job in another EU country; work there without needing a work permit; reside there for that purpose; stay there even after employment has finished; enjoy equal treatment with nationals in access to employment, working conditions and all other social and tax advantages. There are limitations based on considerations of public security, public policy, public health grounds and employment in the public sector. However, of the four freedoms of the single market in the European Union, this freedom is exercised in the least. Thus, although the free movement of workers rights are well established, it can be said that the staff is difficult in practice to exercise their rights and to realize them in real life. It is difficult for workers to exercise their rights in practice as national authorities do not comply with the EU legislation; employers do not comply with EU legislation; workers do not know the procedures of national legal systems, they lack the language skills, etc. The most appropriate legal instrument to give employees more access to freedom of movement rights is a directive on measures employees can more easily access the free movement of workers rights. The new rules, proposed by the Commission in April 2013, aim to bridge the gap between rights and reality and will make it easier for people working or looking for a job in another country to exercise their rights in practice. Member States now have two years to implement the Directive at national level.The Directive, proposed on 26th April 2013, aims to remove existing obstacles to the free movement of workers, such as the lack of awareness of EU rules among public and private employers and the difficulties faced by mobile citizens to get information and assistance in the host Member States. To overcome these barriers and prevent discrimination, the Directive will require Member States to ensure: one or more bodies at national level will provide support and legal assistance to EU migrant workers with the enforcement of their rights; effective legal protection of rights (including for example protection from victimisation for EU migrant workers who seek to enforce their rights); easily accessible information in more than one EU language on the rights enjoyed by EU migrant workers and jobseekers. These rules will benefit mobile workers but also employers, who will be better informed when hiring people from another EU country. The object of the publication - the free movement of workers. This publication analyzes the free movement of workers in European Union and Lithuania, the legal regulation of the European Union, the legal regulation of the problems and needs, taking into account the current situation in the European Union and Lithuania. The methods of the publication - a systematic analysis of the legislation, comparative analysis, deduction, synthesis.