The freedom of movement of workers within the European Community is guaranteed under Articles 48 to 51 of the Treaty. Detailed provisions relating to the exercise of the right of such freedom are contained in Regulation (EEC) No. 1612/68 of the 15 October 1986.
Under the regulation, any national of a member state has the right to seek and to take up employment in another member state in accordance with the provisions governing the nationals of that state. The regulation also provides that employers in a member state may not discriminate between one EC national and another on grounds of nationality.
In effect, this means that an Irish national seeking employment in another member state has the right to compete on the same basis as a national of the host state. Irish nationals taking up employment with an employer in another EC member state are covered by the legislation of that state and have the same remedies open to them as local people.
It is essential that anyone contemplating employment abroad obtain in advance a written statement of the wages and conditions attaching to the job in question. Where employment abroad is obtained through SEDOC, the EC sponsored placement service operated by FÁS, it is possible for FÁS to have complaints investigated should difficulties subsequently arise.
EEC Regulation 1612/68 is currently under examination with a view to making better provision for the families of workers who move to other member state.