Labour market policy Basic income support for jobseekers Skilled labour and migration Overview Skilled Labour Strategy Measures and Networks Support of Migration and Integration Vocational Language Courses Transformation of the world of work Minimum Wage Labour Law Occupational Safety and Health
Social Insurance Statutory accident insurance Old-age security in Germany Social Assistance Socialcompensation law Health Care Participation and inclusion
Europe Overview: Europe Frequently asked questions for Ukrainian refugees Employment and social policy in the EU Working in another EU country Overview Legal framework Free movement of workers Posting of workers Access to social benefits and exclusion from benefits Information and advice Social security coordination Fair mobility Free trade agreements Migration from third countries European Funds Overview: Europeean Funds European Social Fund (ESF) European Globalisation Fund (EGF) Fund for European Aid to the Most Deprived (FEAD) International Overview: International International Employment and Social Policy Labour and Social Policy at the G7/G20 Levels Corporate Social Responsibility Twinning in Labour and Social Policy (Administrative partnerships) Bilateral social security agreements outside the European Union International Organisations
Contact Publications Overview: Publications Shopping cart Videos Press Overview: Press Recent Publications Press photos Overview: Press photos Press photos of the minister Press photos of the state secretaries RSS
BMAS at a Glance Political Staff Visitor Centre
Labour Skilled labour and migration Social Affairs Europe and the World Europe Working in another EU country European Funds International Services Publications Press Press photos The Ministry

Free movement of workers

Mobile workers from the European Union enjoy comprehensive protection from discrimination on the grounds of their nationality.

The free movement of workers gives nationals from EU member states the right to freely choose their place of work within the EU. They do not need a work permit and have the same access to employment in any other member state as nationals of that member state. This means that they and their family members have the right of residence for the purpose of employment in other member states.

In its legal decisions, the Court of Justice of the European Union considers somebody a worker if he or she pursues activities that are real and genuine for another person under the direction of that person and performs services in return for remuneration. As part of an overall assessment of all the individual facts of a case, it must be decided whether the activities as well as the contractual relationship in question fulfill the conditions for classifying somebody as a worker. Activities of such a limited extent that they are completely secondary and insignificant are not considered for this purpose.

Pursuant to Article 45 (2) of the Treaty on the Functioning of the European Union (TFEU), the free movement of workers makes the discrimination of EU workers on the grounds of their nationality unlawful. This also includes the granting of all social and tax advantages. Indirect ("hidden") discrimination if also unlawful, i.e. measures that typically put foreign nationals at a disadvantage compared to a country’s own nationals without referring directly to a person’s nationality. An example of indirect discrimination could be a situation where German language skills are required for a job in Germany which are objectively not necessary. However, if German language skills are really needed for a job, the employer can demand proof of German language skills. But the employer may not demand that the candidate for the job passed the language exam in Germany. In addition, an employer may not put EU citizens at a disadvantage compared to other applicants on the sole ground that they have their place of residence in another member state.

EU citizens have the right to enter another member state to search for a job there. However, initially this right is limited to a period of up to six months and exceeding this period it only exists if the persons in question can prove that they continue to seek work and have reason to believe that they will find it (section 2 (2) no. 1a Freedom of Movement Act/EU) Generally, EU citizens are not entitled to basic income support for jobseekers during job-searching residence periods (section 7 (1), sentence 2 (b) of Book II of the German Social Code, more details below).

Under certain conditions, for example temporary incapacity for work after an accident or involuntary unemployment, workers continue to be entitled to free movement for six months or longer even after the end of their employment relationship. The free movement of workers thus gives EU citizens and their family members an unconditional residence right during such periods.

In 2014, EU Directive 2014/54/EU on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers was adopted. It introduced measures aimed at strengthening the free movement of workers in practice. In particular, the Directive requires member states to establish national counselling centres for migrant workers and their family members, informing them about access to employment, conditions of employment and work, access to social and tax advantages as well as access to training and housing. The counselling centres also have the task of collecting data and providing rigorous analysis on the free movement of workers. Germany set up the Office for the Equal Treatment of EU Workers in May 2016 which is open to all EU workers. It provides information on the topics of work and everyday life in ten foreign languages. The office offers guidance on all questions related to the free movement of workers and helps workers find independent legal counselling. It cooperates with all relevant stakeholders in this area and promotes networking with trade unions and employers' associations as well as with government and non-government institutions.