EXERCISE OF RIGHTS CONFERRED ON WORKERS (FREEDOM OF MOVEMENT) REGULATIONS (freedomofmovement)

EXERCISE OF RIGHTS CONFERRED ON WORKERS

(FREEDOM OF MOVEMENT)

SUBSIDIARY LEGISLATION 456.03

EXERCISE OF RIGHTS CONFERRED ON

WORKERS (FREEDOM OF MOVEMENT)

REGULATIONS

20th May, 2016

LEGAL NOTICE 173 of 2016.

(1) The title of these regulations is the Exercise of Rights

Conferred on Workers (Freedom of Movement) Regulations.

(2) The purpose of these regulations is to implement Directive

2014/54/EU of the European Parliament and of the Council of 16

April 2014 on measures facilitating the exercise of rights conferred

on workers in the context of freedom of movement for workers,

which lays down provisions which facilitate the uniform

application and enforcement in practice of the rights conferred by

Article 45 TFEU and by Articles 1 to 10 of Regulation (EU) No

492/2011.

In these regulations, unless the context otherwise requires

"the Act" means the Equality for Men and Women Act;

"the Commission" means the National Commission for the

Promotion of Equality for Men and Women established in terms of

article 11 of the Act and includes any officer of the Commission

duly authorised by it to act on its behalf for any specific purpose

under the Act, and the term "Commissioner" shall be construed

accordingly;

"victimisation" includes less favourable treatment for having

made a complaint to the lawful authorities or for having initiated or

participated in proceedings for redress on grounds of alleged

breach of the provisions of these regulations, or for having

disclosed information, confidential or otherwise, to a designated

public regulating body, regarding alleged illegal or corrupt

activities being committed by any person falling within the scope

of these regulations or by persons acting in such person’s name and

interests.

(1) These regulations shall apply to the following matters,

as referred to in Articles 1 to 10 of Regulation (EU) No 492/2011,

in the area of freedom of movement for workers

(a) access to employment;

(b) conditions of employment and work, in particular as

regards remuneration, dismissal, health and safety at

work, and, if workers become unemployed,

reinstatement or re-employment;

(c) access to social and tax advantages;

(d) membership of trade unions and eligibility for

EXERCISE OF RIGHTS CONFERRED ON WORKERS

(FREEDOM OF MOVEMENT)

workers’ representative bodies;

(e) access to training;

(f)

access to housing;

(g) access to education, apprenticeship and vocational

training for the children of workers; and

(h) assistance afforded by the employment offices.

(2) These regulations shall apply to citizens of the European

Union exercising these rights and to members of their family.

(1) Persons who feel that they have encountered or are

encountering obstacles to exercise, or have had or are having their

right to free movement restricted without justification, shall have a

right to file a complaint with the Commissioner even after the

relationship in which the obstacle or restriction is alleged to have

occurred has ended, and the Commissioner shall initiate the

proceedings prescribed in the Act or in any other applicable law or

regulation.

(2) Persons who feel that the principle of equal treatment

within the scope of these regulations has not been applied to them

shall have a right to file a complaint with the Commissioner even

after the relationship in which the discrimination is alleged to have

occurred has ended, and the Commissioner shall initiate the

proceedings prescribed in the Act or in any other applicable law or

regulation.

Without prejudice to the provisions of regulation 4, a

person who alleges that any other person has committed in his or

her regard any unlawful act under these regulations shall, within

twenty-four months of the alleged breach, have a right of action

before the competent court of civil jurisdiction requesting the court

to order the defendant to desist from such unlawful act and to order

the payment of compensation for such damage suffered through

such unlawful act.

Nothing in these regulations shall prevent any associations,

organisations including social partners or other legal entities

having a legitimate interest in ensuring that the provisions of these

regulations are complied with, from engaging themselves either on

behalf or in support of the complainant, with his or her approval, in

any judicial and, or administrative procedure as is provided for the

enforcement of the rights under these regulations, within twenty-

four months of the alleged breach

Provided that the provisions of this regulation shall apply

without prejudice to any other competences and collective rights of

social partners and employees’ and employers’ representatives,

where applicable, including the right to take action on behalf of a

collective interest.

Victimisation shall constitute prohibited conduct under

these regulations and shall be tantamount to discrimination under

the Act.

EXERCISE OF RIGHTS CONFERRED ON WORKERS

(FREEDOM OF MOVEMENT)

For the purposes of these regulations, and without

prejudice to article 12 of the Act, the functions of the Commission

shall include

(a) providing independent legal assistance to workers and

members of their family, without prejudice to the

rights of the same workers and members of their

family and the rights of associations, organisations and

other legal entities mentioned in regulation 6

Provided that such legal assistance during legal

proceedings shall be free of charge to persons who

lack sufficient resources;

(b) conducting independent surveys and analyses

concerning unjustified restrictions and obstacles to the

right of free movement, or discrimination on grounds

of nationality of workers and members of their family;

and

(c) publishing

independent

reports

and

making

recommendations on any issue relating to such

restrictions, obstacles and, or discrimination.