Workers’ Rights Post Transition (Nov 2018)

by
Withdrawal Agreement

RIGHTS OF WORKERS AND SELF-EMPLOYED PERSONS

Rights of workers

Subject to the limitations set out in the EU Treaties, workers in the host State and frontier workers in the State or States of work shall enjoy the rights guaranteed by the Treaty and the rights granted by EU Regulation. These rights include:

  • the right not to be discriminated against on grounds of nationality as regards employment, remuneration and other conditions of work and employment;
  • the right to take up and pursue an activity in accordance with the rules applicable to the nationals of the host State or the State of work;
  • the right to assistance afforded by the employment offices of the host State or the State of work as offered to own nationals;
  • the right to equal treatment in respect of conditions of employment and work, in particular as regards remuneration, dismissal and in case of unemployment, reinstatement or re-employment;
  • the right to social and tax advantages;
  • collective rights;
  • the rights and benefits accorded to national workers in matters of housing;
  • the right for their children to be admitted to the general educational, apprenticeship and vocational training courses under the same conditions as the nationals of the host State or the State of work, if such children are residing in the territory where the worker works.

Where a direct descendant of a worker who has ceased to reside in the host State is in education in that State, the primary carer for that descendant shall have the right to reside in that State until the descendant reaches the age of majority, and after the age of majority if that descendant continues to need the presence and care of the primary carer in order to pursue and complete his or her education.

Employed frontier workers shall enjoy the right to enter and exit the State of work in accordance with the Agreement and shall retain the rights they enjoyed as workers there, provided they are in one of the circumstances set out in points the relevant part of the Citizenship Directive, even where they do not move their residence to the State of work.

Rights of self-employed persons

Subject to the limitations set out in the EU Treaties, self-employed persons in the host State and self-employed frontier workers in the State or States of work shall enjoy the rights guaranteed by the Treaty. These rights include the right to take up and pursue activities as self-employed persons and to set up and manage undertakings under the conditions laid down by the host State for its own nationals, as set out in the Treaty and the above rights under the Agreement.

The rights of descendants of workers shall apply to direct descendants of self-employed workers.  The provisions on employed frontier workers shall apply to self-employed frontier workers.

The State of work may require European Union citizens and United Kingdom nationals who have rights as frontier workers under these provisions to apply for a document certifying that they have such rights under these provisions. Such European Union citizens and United Kingdom nationals shall have the right to be issued with such a document.

PROFESSIONAL QUALIFICATIONS

Recognised professional qualifications

The recognition, before the end of the transition period, of professional qualifications, as defined in the Directive on qualifications  of European Union citizens or United Kingdom nationals, and their family members, by their host State or their State of work shall maintain its effects in the respective State, including the right to pursue their profession under the same conditions as its nationals, where such recognition was made in accordance with any of the following provisions:

  • the Directive on qualifications provisions in respect of the recognition of professional qualifications in the context of the exercise of the freedom of establishment, whether such recognition fell under the general system for the recognition of evidence of training, the system for the recognition of professional experience or the system for the recognition on the basis of coordination of minimum training conditions;
  • the Directive in respect of gaining admission to the profession of lawyer in the host State or State of work;
  • the Directive in respect of the approval of statutory auditors from another Member State;
  • the Directive in respect of the acceptance of evidence of the knowledge and ability necessary to take up or pursue the activities of self-employed persons and of intermediaries engaging in the trade and distribution of toxic products or activities involving the professional use of toxic products.

 

Ongoing procedures on the recognition of professional qualifications

The relevant provision of the Directive on qualifications  shall apply in respect of the examination by a competent authority of the host State or State of work of any application for the recognition of professional qualifications introduced before the end of the transition period by European Union citizens or United Kingdom nationals and in respect of the decision on any such application.

They shall also apply to the extent relevant for the completion of the procedures for the recognitions of professional qualifications for establishment purposes under Article 4d of that Directive.

Administrative cooperation

With regard to the pending applications, the United Kingdom and the Member States shall cooperate in order to facilitate the application of the above provisions. Cooperation may include the exchange of information, including information on disciplinary action or criminal sanctions taken or any other serious and specific circumstances which are likely to have consequences for the pursuit of the activities falling under the above Directives

For a period not exceeding 9 months from the end of the transition period, the United Kingdom shall be entitled to use the internal market information system in respect of applications in so far as they concern procedures for the recognition of professional qualifications for establishment purposes.

COORDINATION OF SOCIAL SECURITY SYSTEMS

Persons covered

These provisions shall apply to the following persons:

  • European Union citizens who are subject to the legislation of the United Kingdom at the end of the transition period, as well as their family members and survivors;
  • United Kingdom nationals who are subject to the legislation of a Member State at the end of the transition period, as well as their family members and survivors;
  • European Union citizens who reside in the United Kingdom and are subject to the legislation of a Member State at the end of the transition period, as well as their family members and survivors;
  • United Kingdom nationals who reside in a Member State, and are subject to the legislation of the United Kingdom at the end of the transition period, as well as their family members and survivors;
  • persons who do not fall within the above points (but are
    • European Union citizens who pursue an activity as an employed or self-employed person in the United Kingdom at the end of the transition period, and who, are subject to the legislation of a Member State, as well as their family members and survivors; or
    • United Kingdom nationals who pursue an activity as an employed or self-employed person in one or more Member States at the end of the transition period, and who are subject to the legislation of the United Kingdom, as well as their family members and survivors;
  • stateless persons and refugees, residing in a Member State or in the United Kingdom, who are in one of the situations above , as well as their family members and survivors;
  • nationals of third countries, as well as members of their families and survivors, who are in one of the situations described above, provided that they fulfil the conditions of the applicable

The above categories of persons shall be covered for as long as they continue without interruption to be in one of the situations set out in that paragraph involving both a Member State and the United Kingdom at the same time.

The above persons shall be covered for as long as they continue to have a right to reside in the host State under the Agreement, or a right to work in their State of work under the Agreement.

Social security coordination rules

The rules and objectives set out in the EU Treaty and the Regulations on Social Security coordination shall apply to the persons covered by these provisions.

The European Union and the United Kingdom shall take due account of the Decisions and Recommendations of the Administrative Commission for the Coordination of Social Security Systems attached to the European Commission, listed in Part I of Annex I to the Agreement.

Special situations covered

The following rules shall apply in the following situations to the extent set out in this Article, insofar as they relate to persons not or no longer covered above:

  • the following persons shall be covered by these provisions for the purposes of reliance on and aggregation of periods of insurance, employment, self-employment or residence, including rights and obligations deriving from such periods:
  • European Union citizens, as well as stateless persons and refugees residing in a Member State and nationals of third countries who fulfil the conditions of the relevant Regulation who have been subject to the legislation of the United Kingdom before the end of the transition period, as well as their family members and survivors;
  • United Kingdom nationals, as well as stateless persons and refugees residing in the United Kingdom and nationals of third countries who fulfil the conditions, who have been subject to the legislation of a Member State before the end of the transition period, as well as their family members and survivors;

for the purposes of the aggregation of periods, periods completed both before and after the end of the transition period shall be taken into account in accordance with Regulation (EC) No 883/2004;

  • The rules shall continue to apply to persons who, before the end of the transition period, had requested authorisation to receive a course of planned health care treatment, until the end of the treatment. The corresponding reimbursement procedures shall also apply even after the treatment ends. Such persons and the accompanying persons shall enjoy the right to enter and exit the State of treatment in accordance with the Agreement 14, mutatis mutandis;
  • the rules set out in the Regulation on social security co-ordination shall continue to apply to persons who are covered and who are on a stay at the end of the transition period in a Member State or the United Kingdom, until the end of their stay. The corresponding reimbursement procedures shall also apply even after the stay or treatment ends;
  • the rules set out in Regulation on social security co-ordination shall continue to apply, for as long as the conditions are fulfilled, to awards of family benefits to which there is entitlement at the end of the transition period for the following persons:
  • European Union citizens, stateless persons and refugees residing in a Member State as well as nationals of third countries who fulfil the conditions and reside in a Member State, who are subject to the legislation of a Member State and have family members residing in the United Kingdom at the end of the transition period;
  • United Kingdom nationals, as well as stateless persons and refugees residing in the United Kingdom and nationals of third countries who fulfil the conditions and reside in the United Kingdom, who are subject to the legislation of the United Kingdom and have family members residing in a Member State at the end of the transition period;

These provisions apply mutatis mutandis as regards family benefits.

Nationals of Iceland, Liechtenstein, Norway and Switzerland

The provisions applicable to European Union citizens shall apply to nationals of Iceland, the Principality of Liechtenstein, the Kingdom of Norway, and the Swiss Confederation provided that:

  • Iceland, the Principality of Liechtenstein, the Kingdom of Norway, and the Swiss Confederation, as applicable, have concluded and apply corresponding agreements with the United Kingdom which apply to European Union citizens; and
  • Iceland, the Principality of Liechtenstein, the Kingdom of Norway, and the Swiss Confederation, as applicable, have concluded and apply corresponding agreements with the European Union which apply to United Kingdom nationals.

Upon notification from the United Kingdom and from the European Union of the date of entry into force of the agreements, the Joint Committee (“Joint Committee”) shall set the date from which the provisions of these provisions shall apply to the nationals of Iceland, the Principality of Liechtenstein, the Kingdom of Norway, and the Swiss Confederation, as applicable.

Administrative cooperation

As of the date of entry into force of the Agreement, the United Kingdom shall have the status of observer in the Administrative Commission. It may, where the items on the agenda relating to these provisions concern the United Kingdom, send a representative, to be present in an advisory capacity, to the meetings of the Administrative Commission and to the meetings of the bodies referred to in the Regulation on social security co-ordination where such items are discussed.

The United Kingdom shall take part in the Electronic Exchange of Social Security Information (EESSI) and bear the related costs.

Development of law and adaptations of European Union acts

Where the Regulations on social security co-ordination are amended or replaced after the end of the transition period, references to those Regulations in the Agreement shall be understood as referring to those Regulations as amended or replaced, in accordance with the acts listed in Part II of Annex I to the Agreement.

The Joint Committee shall revise Part II of Annex I to the Agreement and align it to any act amending or replacing Regulations as soon as such act is adopted by the European Union. To that end, the European Union shall, as soon as possible after adoption, inform the United Kingdom within the Joint Committee of any act amending or replacing those Regulations.

The Joint Committee shall assess the effects of an act amending or replacing Regulations where that act makes certain classes of change.

In making its assessment, the Joint Committee shall consider in good faith the scale of the changes referred to in the first subparagraph of this paragraph, as well as the importance of the continued good functioning of the regulation on social security co-ordination and the importance of there being a competent State in relation to individuals within its scope 883/2004.

OTHER PROVISIONS

Publicity

The Member States and the United Kingdom shall disseminate information concerning the rights and obligations of persons covered by these provisions, in particular by means of awareness-raising campaigns conducted, as appropriate, through national and local media and other means of communication.

More favourable provisions

These provisions shall not affect any laws, regulations or administrative provisions applicable in a host State or a State of work which would be more favourable to the persons concerned. This paragraph shall not apply to Title III.

The provisions shall be without prejudice to the Common Travel Area arrangements between the United Kingdom and Ireland as regards more favourable treatment which may result from these arrangements for the persons concerned.

Life-long protection

The persons covered by these provisions shall enjoy the rights provided for in the relevant Titles of these provisions for their lifetime, unless they cease to meet the conditions set out in those Titles.