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Article 29 - Right of access to placement services
Everyone has the right of access to a free placement service.
This Article is based on Article 1(3) of the European Social Charter and point 13 of the Community Charter of the Fundamental Social Rights of Workers.
Sections 227-35 cover employees and vocational training.
§ 1 - Scope of the ActThis Act regulates the legal relationships in the provision of employment services.
Artigo 59.º (Direitos dos trabalhadores) 1. Todos os trabalhadores, sem distinção de idade, sexo, raça, cidadania, território de origem, religião, convicções políticas ou ideológicas, têm direito: e) À assistência material, quando involuntariamente se encontrem em situação de desemprego. Artigo 58.º (Direito ao trabalho) 1. Todos têm direito ao trabalho. 2. Para assegurar o direito ao trabalho, incumbe ao Estado promover: (c) A formação cultural e técnica e a valorização profissional dos trabalhadores. Artigo 70.º (Juventude) 1. Os jovens gozam de protecção especial para efectivação dos seus direitos económicos, sociais e culturais, nomeadamente: a) No ensino, na formação profissional e na cultura.
Article 59 (Workers’ rights) (1) Regardless of age, sex, race, citizenship, place of origin, religion and political and ideological convictions, every worker has the right: (e) To material assistance when he involuntarily finds himself in a situation of unemployment. Article 58 (Right to work) (1) Everyone has the right to work. (2) In order to ensure the right to work, the state shall be charged with promoting: (c) Cultural and technical training and vocational development for workers. Article 70 (Youth) (1) In order to ensure the effective enjoyment of their economic, social and cultural rights, young people shall receive special protection, particularly: (a) In education, vocational training and culture.
Article 65(...) 5. Public authorities shall pursue policies aiming at full, productive employment by implementing programmes to combat unemployment, including the organization of and support for occupational advice and training, as well as public works and economic intervention.
Art. 65(..) 5. Władze publiczne prowadzą politykę zmierzającą do pełnego, produktywnego zatrudnienia poprzez realizowanie programów zwalczania bezrobocia, w tym organizowanie i wspieranie poradnictwa i szkolenia zawodowego oraz robót publicznych i prac interwencyjnych.
Article 12(1) The State shall protect work.(2) It shall provide for the professional or vocational training and advancement of workers.Article 17 (3) Disabled persons and persons incapable of work are entitled to education and vocational training.
(dans sa teneur modifiée au 11 novembre 2009) Section 2 - Main-d’oeuvre et placement
Section 18 The right to work and the freedom to engage in commercial activity (...) The public authorities shall promote employment and work towards guaranteeing for everyone the right to work. Provisions on the right to receive training that promotes employability are laid down by an Act. (...)
18 § Oikeus työhön ja elinkeinovapaus (...) Julkisen vallan on edistettävä työllisyyttä ja pyrittävä turvaamaan jokaiselle oikeus työhön. Oikeudesta työllistävään koulutukseen säädetään lailla. (...)
Article 29. (…) The national government organises vocational training and assists persons who seek employment in finding work. (…)
§ 29. (...) Riik korraldab kutseõpet ja abistab tööotsijaid töö leidmisel. (...)
The Decision affirmed that ‘Employment services play an important role in activation and matching and they should therefore be strengthened with personalised services and active and preventive labour market measures at an early stage. Such services and measures should be open to all, including young people, those threatened by unemployment, and those furthest away from the labour market.’ (Guideline 7)
Article 21 - Placement by public employment services
‘Member States may determine that the placement of seasonal workers shall only be carried out by public employment services.‘
Article 3 - Definitions
‘For the purpose of this Regulation, the following definitions apply:
(1) ‘public employment services’ or ‘PES’ means the organisations of the Member States, as part of relevant ministries, public bodies or corporations falling under public law, that are responsible for implementing active labour market policies and providing quality employment services in the public interest;
(2) ‘employment services’ means a legal entity lawfully operating in a Member State which provides services for workers seeking employment and for employers wishing to recruit workers;
(3) ‘job vacancy’ means an offer of employment which would allow the successful applicant to enter into an employment relationship that would qualify that applicant as a worker for the purposes of Article 45 TFEU;
(4) ‘clearance’ means the exchange of information and processing of job vacancies, job applications and CVs;
(5) ‘common IT platform’ means the IT infrastructure and related platforms set up at Union level for the purpose of transparency and clearance in accordance with this Regulation;
(6) ‘frontier worker’ means a worker pursuing an activity as an employed person in a Member State and who resides in another Member State to which that worker returns as a rule daily or at least once a week;
(7) ‘EURES cross-border partnership’ means a grouping of EURES Members or Partners and, where relevant, other stakeholders outside of the EURES network, with the intention of long-term cooperation in regional structures, set up in cross-border regions between: the employment services on regional, local and, where appropriate, national level; the social partners; and, where relevant, other stakeholders of at least two Member States or a Member State and another country participating in the Union instruments aiming to support the EURES network.‘
Article 4 - Accessibility
‘1. Services under this Regulation shall be available to all workers and employers across the Union and shall respect the principle of equal treatment.
2. Accessibility for persons with disabilities to the information provided on the EURES portal and to support services available at national level shall be ensured. The Commission and the EURES Members and Partners shall determine the means to ensure this with regard to their respective obligations.‘
‘(17) In accordance with Articles 45 and 46 TFEU, Regulation (EU) No 492/2011 lays down provisions intended to achieve freedom of movement for workers on a non-discriminatory basis by ensuring the close cooperation of the central employment services of Member States with one another and with the Commission. EURES, which is the European network of employment services, should promote the better functioning of the labour markets by facilitating the voluntary transnational cross-border geographical mobility of workers, providing greater transparency on the labour market, ensuring the clearance of vacancies and applications for employment and supporting activities in the areas of placement, recruitment, advice and guidance services at national and cross-border level, thereby contributing to the objectives of Europe 2020. Member States should be encouraged to integrate EURES services, making them available in a "one-stop shop", where appropriate.‘