eu-charter

Carta de los Derechos Fundamentales de la Unión Europea

Artículo 15 - Libertad profesional y derecho a trabajar

Artículo 15 - Libertad profesional y derecho a trabajar

1. Toda persona tiene derecho a trabajar y a ejercer una profesión libremente elegida o aceptada.
2. Todo ciudadano de la Unión tiene libertad para buscar un empleo, trabajar, establecerse o prestar servicios en cualquier Estado miembro.
3. Los nacionales de terceros países que estén autorizados a trabajar en el territorio de los Estados miembros tienen derecho a unas condiciones laborales equivalentes a aquellas de que disfrutan los ciudadanos de la Unión.

    • Text:

      La libertad profesional, consagrada en el apartado 1 del artículo 15, se halla reconocida en la jurisprudencia del Tribunal de Justicia (véanse, entre otras, las sentencias de 14 de mayo de 1974, asunto 4/73, Nold, Rec. 1974, p. 491, apartados 12 a 14; de 13 de diciembre de 1979, asunto 44/79, Hauer, Rec. 1979, p. 3727; de 8 de octubre de 1986, asunto 234/85, Keller, Rec. 1986, p. 2897, apartado 8).
      Este apartado se inspira asimismo en el apartado 2 del artículo 1 de la Carta Social Europea, firmada el 18 de octubre de 1961 y ratificada por todos los Estados miembros, así como en el punto 4 de la Carta Comunitaria de los Derechos Sociales Fundamentales de los Trabajadores de 9 de diciembre de 1989. La expresión `condiciones laborales` se entenderá en el sentido del artículo 156 del Tratado de Funcionamiento de la Unión Europea.
      El apartado 2 incorpora las tres libertades garantizadas por los artículos 26 y 45, 49 y 56 del Tratado de Funcionamiento de la Unión Europea, es decir: la libre circulación de los trabajadores, la libertad de establecimiento y la libre prestación de servicios.
      El apartado 3 está basado en la letra g) del apartado 1 del artículo 153 del Tratado de Funcionamiento de la Unión Europea, así como en el punto 4 del artículo 19 de la Carta Social Europea, firmada el 18 de octubre de 1961 y ratificada por todos los Estados miembros. Es por lo tanto aplicable el apartado 2 del artículo 52 de la Carta. La cuestión de la contratación de marinos con nacionalidad de terceros Estados en las tripulaciones de buques con pabellón de un Estado miembro de la Unión quedará regulada por el Derecho de la Unión y las legislaciones y prácticas nacionales.

      Source:
      Diario Oficial de la Unión Europea C 303/17 - 14.12.2007
      Preamble - Explanations relating to the Charter of Fundamental Rights:
      Las presentes explicaciones fueron elaboradas inicialmente bajo la responsabilidad del Praesidium de la Convención que redactó la Carta de los Derechos Fundamentales de la Unión Europea. Han sido actualizadas bajo la responsabilidad del Praesidium de la Convención Europea, a la vista de las adaptaciones de la redacción del texto de la Carta realizadas por la Convención (en particular, los artículos 51 y 52) y de la evolución del Derecho de la Unión. Si bien no tienen por sí mismas valor jurídico, constituyen un valioso instrumento de interpretación con objeto de aclarar las disposiciones de la Carta.
    • I.L.A. v National Assembly of the Republic of Bulgaria (Народно събрание на Република България)
      Decision date:
      Deciding body type:
      National Court/Tribunal
      Deciding body:
      Type:
      Decision
      Policy area:
      ECLI (European case law identifier):
      ECLI: BG:RC311:2024:20220113341.001
    • A.A. v Ministry of Internal Affairs and Agency for Integration, Migration and Asylum
      Decision date:
      Deciding body type:
      National Court/Tribunal
      Deciding body:
      Type:
      Decision
      Policy area:
      ECLI (European case law identifier):
    • M. P., A. K., T. K. v Migration Department under the Ministry of the Interior of the Republic of Lithuania
      Decision date:
      Deciding body type:
      National Court/Tribunal
      Deciding body:
      Type:
      Decision
      Policy area:
      ECLI (European case law identifier):
    • ASBL « Federale Vereniging voor Klinische Laboratoria », ASBL « Société Belge des Pharmaciens Spécialistes en Biologie Clinique », SRL « Medilab », Jozef Jonckheere and Philippe Cuigniez v Conseil des ministers.
      Decision date:
      Deciding body type:
      National Court/Tribunal
      Deciding body:
      Type:
      Decision
      Policy area:
      ECLI (European case law identifier):
      ECLI:BE:GHCC:2024:ARR.044
    • Union of Doctors of the National Organizationfor the Provision of Health Services’ (E.N.I.-E.O.P.Y.Y.), Private Diagnostic Laboratory of PrenatalMedicine, and 3 private private doctors (anonymous) v the Minister of Finance, the Minister for Labour and Social Affairs, the Minister of Health, and the Minister for Development and Investments
      Decision date:
      Deciding body type:
      National Court/Tribunal
      Deciding body:
      Type:
      Decision
      Policy area:
      ECLI (European case law identifier):
    • D.K.K. vs the National Assembly of the Republic of Bulgaria (Народно събрание на Република България) and alternatively (if this claim is not successful) vs the Director of the Customs Agency (Агенция „Митници“)
      Decision date:
      Deciding body type:
      National Court/Tribunal
      Deciding body:
      Regional Court – Varna
      Type:
      Decision
      Policy area:
      ECLI (European case law identifier):
      ECLI:BG:RC311:2023:20210106972.001
    • Hungary v European Parliament and Council of the European Union
      Decision date:
      Deciding body type:
      Court of Justice of the European Union
      Deciding body:
      Court (Full Court)
      Type:
      Decision
      Policy area:
      Institutional affairs
      ECLI (European case law identifier):
      ECLI:EU:C:2022:97
    • Republic of Poland v European Parliament and Council of the European Union
      Decision date:
      Deciding body type:
      Court of Justice of the European Union
      Deciding body:
      Court (Full Court)
      Type:
      Decision
      Policy area:
      Internal market
      ECLI (European case law identifier):
      ECLI:EU:C:2022:98
    • European Commission v Federal Republic of Germany
      Decision date:
      Deciding body type:
      Court of Justice of the European Union
      Deciding body:
      Court (Fourth Chamber)
      Type:
      Decision
      Policy area:
      Energy
      ECLI (European case law identifier):
      ECLI:EU:C:2021:662
    • BB v Lietuvos Respublikos sveikatos apsaugos ministerija
      Decision date:
      Deciding body type:
      Court of Justice of the European Union
      Deciding body:
      Court (Sixth Chamber)
      Type:
      Decision
      Policy area:
      Employment and social policy
      ECLI (European case law identifier):
      ECLI:EU:C:2021:554

    48 results found

    • Grondwet voor het Koninkrijk der Nederlanden
      País:
      Netherlands

      Artikel 19 1. Bevordering van voldoende werkgelegenheid is voorwerp van zorg der overheid.2. De wet stelt regels omtrent de rechtspositie van hen die arbeid verrichten en omtrent hun bescherming daarbij, alsmede omtrent medezeggenschap.3. Het recht van iedere Nederlander op vrije keuze van arbeid wordt erkend, behoudens de beperkingen bij of krachtens de wet gesteld.

    • Charter of Fundamental Rights and Freedoms
      País:
      Czechia

      Article 26 (1) Everybody has the right to the free choice of her profession and the training for that profession, as well as the right to engage in enterprise and pursue other economic activity. (2) Conditions and limitations may be set by law upon the right to engage in certain professions or activities. (3) Everybody has the right to acquire the means of her livelihood by work. The State shall provide an adequate level of material security to those citizens who are unable, through no fault of their own, to exercise this right; conditions shall be provided for by law. (4) Different rules for aliens may be provided for by law.

    • Listina základních práv a svobod
      País:
      Czechia

      Článek 26 (1) Každý má právo na svobodnou volbu povolání a přípravu k němu, jakož i právo podnikat a provozovat jinou hospodářskou činnost. (2) Zákon může stanovit podmínky a omezení pro výkon určitých povolání nebo činností. (3) Každý má právo získávat prostředky pro své životní potřeby prací. Občany, kteří toto právo nemohou bez své viny vykonávat, stát v přiměřeném rozsahu hmotně zajišťuje; podmínky stanoví zákon. (4) Zákon může stanovit odchylnou úpravu pro cizince.

    • Constitutión Española
      País:
      Spain

      Artículo 35 1. Todos los españoles tienen el deber de trabajar y el derecho al trabajo, a la libre elección de profesión u oficio, a la promoción a través del trabajo y a una remuneración suficiente para satisfacer sus necesidades y las de su familia, sin que en ningún caso pueda hacerse discriminación por razón de sexo. 2. La ley regulará un estatuto de los trabajadores.

    • Constitution of the Kingdom of Spain
      País:
      Spain

      Section 35 (1) All Spaniards have the duty to work and the right to work, to the free choice of profession or trade, to advancement through work, and to a sufficient remuneration for the satisfaction of their needs and those of their families. Under no circumstances may they be discriminated on account of their sex. (2) The law shall regulate a Workers' Statute.

    • Constitution of the Republic of Slovenia
      País:
      Slovenia

       Article 13 In accordance with treaties, aliens in Slovenia enjoy all the rights guaranteed by this Constitution and laws, except for those rights that pursuant to this Constitution or law only citizens of Slovenia enjoy.

      Article 49 Freedom of work shall be guaranteed. Everyone shall choose his employment freely. Everyone shall have access under equal conditions to any position of employment. Forced labour shall be prohibited.

      Article 66 The state shall create opportunities for employment and work, and shall ensure the protection of both by law.Article 79 Aliens employed in Slovenia and members of their families have special rights provided by law.

    • Ustava Republike Slovenije
      País:
      Slovenia

       13. členTujci imajo v Sloveniji v skladu z mednarodnimi pogodbami vse pravice, zagotovljene s to ustavo in z zakoni, razen tistih, ki jih imajo po ustavi ali po zakonu samo državljani Slovenije.

      49. člen Zagotovljena je svoboda dela. Vsakdo prosto izbira zaposlitev. Vsakomur je pod enakimi pogoji dopustno vsako delovno mesto. Prisilno delo je prepovedano.

      66. člen Država ustvarja možnosti za zaposlovanje in za delo ter zagotavlja njuno zakonsko varstvo.

      79. člen V Sloveniji zaposleni tujci in člani njihovih družin imajo posebne pravice, določene z zakonom.

    • Constitution of the Slovak Republic
      País:
      Slovakia

      Article 35 (1) Everyone has the right to a free choice of profession and to appropriate training, as well as the right to conduct entrepreneurial or other gainful activity. (2) Conditions and restrictions with regard to the execution of certain professions or activities may be laid down by law. (3) Citizens have the right to work. The State shall guarantee, within appropriate extent, the material welfare of those who cannot enjoy this right without their own fault. The conditions shall be laid down by law. (4) A law may provide different regulation of the rights specified in paragraphs 1 to 3 with regard to the aliens. Article 38 (1) Women, minors and persons with disabilities are entitled to an enhanced health protection at work as well as to special working conditions. (2) Minors and persons with disabilities are entitled to special protection in labour relations as well as to assistance in professional training.(3) Details concerning rights listed in paragraphs 1 and 2 shall be laid down by law.

    • Ústava Slovenskej republiky
      País:
      Slovakia

       Čl. 35(1) Každý má právo na slobodnú voľbu povolania a prípravu naň, ako aj právo podnikať a uskutočňovať inú zárobkovú činnosť. (2) Zákon môže ustanoviť podmienky a obmedzenia výkonu určitých povolaní alebo činností. (3) Občania majú právo na prácu. Štát v primeranom rozsahu hmotne zabezpečuje občanov, ktorí nie z vlastnej viny nemôžu toto právo vykonávať. Podmienky ustanoví zákon. (4) Zákon môže ustanoviť odchylnú úpravu práv uvedených v odsekoch 1 až 3 pre cudzincov. Čl. 38 (1) Ženy, mladiství a osoby zdravotne postihnuté majú právo na zvýšenú ochranu zdravia pri práci a osobitné pracovné podmienky. (2) Mladiství a osoby zdravotne postihnuté majú právo na osobitnú ochranu v pracovných vzťahoch a na pomoc pri príprave na povolanie. (3) Podrobnosti o právach podľa odsekov 1 a 2 ustanoví zákon.

    • Constituția României
      País:
      Romania

      Articolul 41(1) Dreptul la munca nu poate fi îngradit. Alegerea profesiei, a meseriei sau a ocupatiei, precum si a locului de munca este libera. (...)

    • Constitution of Romania
      País:
      Romania

      Article 41 (1) The right to work shall not be restricted. Everyone has a free choice of his/her profession, trade or occupation, as well as work place. (...)

    • Constituição da República Portuguesa
      País:
      Portugal

      Artigo 47.º (Liberdade de escolha de profissão e acesso à função pública) 1. Todos têm o direito de escolher livremente a profissão ou o género de trabalho, salvas as restrições legais impostas pelo interesse colectivo ou inerentes à sua própria capacidade. Artigo 58.º (Direito ao trabalho) 1. Todos têm direito ao trabalho. 2. Para assegurar o direito ao trabalho, incumbe ao Estado promover: a) A execução de políticas de pleno emprego; b) A igualdade de oportunidades na escolha da profissão ou género de trabalho e condições para que não seja vedado ou limitado, em função do sexo, o acesso a quaisquer cargos, trabalho ou categorias profissionais; c) A formação cultural e técnica e a valorização profissional dos trabalhadores.

    • Constitution of the Portuguese Republic
      País:
      Portugal

      Article 47 (Freedom to choose a profession and of access to the public service) (1) Everyone has the right to choose a profession or type of work freely, subject to the legal restrictions that are imposed in the collective interest or the restrictions that are inherent in a person’s own capabilities. Article 58 (Right to work) (1) Everyone shall possess the right to work. (2) In order to ensure the right to work, the state shall be charged with promoting: (a) The implementation of full-employment policies; (b) Equal opportunities in the choice of profession or type of work, and the conditions needed to avoid the gender-based preclusion or limitation of access to any position, work or professional category; (c) Cultural and technical training and vocational development for workers.

    • Constitution of the Republic of Poland
      País:
      Poland

      Article 24 Work shall be protected by the Republic of Poland. The State shall exercise supervision over the conditions of work.Article 65.1. Everyone shall have the freedom to choose and to pursue his occupation and to choose his place of work. Exceptions shall be specified by statute.(...)

    • Konstytucja Rzeczypospolitej Polskiej
      País:
      Poland

       Art. 24.Praca znajduje się pod ochroną Rzeczypospolitej Polskiej. Państwo sprawuje nadzór nad warunkami wykonywania pracy. Art. 65. 1. Każdemu zapewnia się wolność wyboru i wykonywania zawodu oraz wyboru miejsca pracy. Wyjątki określa ustawa. (...)

    • Constitution of Malta
      País:
      Malta

      Article 7 The State recognises the right of all citizens to work and shall promote such conditions as will make this right effective.Article 12(1) The State shall protect work. (2) It shall provide for the professional or vocational training and advancement of workers.

    • Constitution du Grand Duche de Luxembourg
      País:
      Luxembourg

      Article 11.(4) La loi garantit le droit au travail et l’Etat veille à assurer à chaque citoyen l’exercice de ce droit. Article 11.(6) La liberté du commerce et de l’industrie, l’exercice de la profession libérale et du travail agricole sont garantis, sauf les restrictions à établir par la loi. (...)

    • Constitution of the Grand Duchy of Luxembourg
      País:
      Luxembourg

      Article 11.(4) The law guarantees the right to work and the State sees to [the] assurance to each citizen [of] the exercise of this right. The law guarantees the syndical freedom and organizes the right to strike. Article 11.(6) The freedom of commerce and industry, the exercise of liberal professions and of agricultural labor are guaranteed, save for the restrictions established by the law. (...)

    • Constitution of the Republic of Lithuania
      País:
      Lithuania

      Article 48. Everyone may freely choose a job or business, and shall have the right to have proper, safe, and healthy conditions at work, as well as to receive fair pay for work and social security in the event of unemployment. The work of foreigners in the Republic of Lithuania shall be regulated by law. Forced labour shall be prohibited. Military service or alternative service performed instead of military service, as well as work performed by citizens in time of war, natural disaster, epidemics, or other extreme cases, shall not be considered forced labour. In cases where persons convicted by a court perform work regulated by law, such work shall not be considered forced labour, either.

    • Lietuvos Respublikos Konstitucija
      País:
      Lithuania

      48 straipsnis. Kiekvienas žmogus gali laisvai pasirinkti darbą bei verslą ir turi teisę turėti tinkamas, saugias ir sveikas darbo sąlygas, gauti teisingą apmokėjimą už darbą ir socialinę apsaugą nedarbo atveju. Užsieniečių darbą Lietuvos Respublikoje reguliuoja įstatymas. Priverčiamasis darbas draudžiamas. Priverčiamuoju darbu nelaikoma tarnyba kariuomenėje ar ją pakeičianti alternatyvioji tarnyba, taip pat piliečių darbas karo, stichinės nelaimės, epidemijos ar kitais ypatingais atvejais. Priverčiamuoju darbu nelaikomas ir įstatymo reguliuojamas teismo nuteistųjų darbas.

    14 results found

    • Directive 2011/95 - Standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of t

      Preamble 

      (10) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular this Directive seeks to ensure full respect for human dignity and the right to asylum of applicants for asylum and their accompanying family members.

      (16) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union.  In particular this Directive seeks to ensure full respect for  human dignity and the right to asylum of applicants for  asylum and their accompanying family members and to  promote the application of Articles 1, 7, 11, 14, 15, 16, 
      18, 21, 24, 34 and 35 of that Charter, and should  therefore be implemented accordingly.


      (34) With regard to social assistance and health care, the modalities and detail of the provision of core benefits to beneficiaries of subsidiary protection status should be determined by national law. The possibility of limiting the benefits for beneficiaries of subsidiary protection status to core benefits is to be understood in the sense that this notion covers at least minimum income support, assistance in case of illness, pregnancy and parental assistance, in so far as they are granted to nationals according to the legislation of the Member State concerned.

      (35) Access to health care, including both physical and mental health care, should be ensured to beneficiaries of refugee or subsidiary protection status.

      Article 2: Definitions
      For the purposes of this Directive the following definitions shall apply:
      (a) ‘international protection’ means refugee status and subsidiary protection status as defined in points (e) and (g);
      (d) ‘refugee’ means a third-country national who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion or membership of a particular social group, is outside the country of nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country, or a stateless person, who, being outside of the country of former habitual residence for the same reasons as mentioned above, is unable or, owing to such fear, unwilling to return to it, and to whom Article 12 does not apply; [...]
      (e) ‘refugee status’ means the recognition by a Member State of a third-country national or a stateless person as a refugee;
      (f) ‘person eligible for subsidiary protection’ means a third-country national or a stateless person who does not qualify as a refugee but in respect of whom substantial grounds have been shown for believing that the person concerned, if returned to his or her country of origin, or in the case of a stateless person, to his or her country of former habitual residence, would face a real risk of suffering serious harm as defined in Article 15, and to whom Article 17(1) and (2) does not apply, and is unable, or, owing to such risk, unwilling to avail himself or herself of the protection of that country;
      (g) ‘subsidiary protection status’ means the recognition by a Member State of a third-country national or a stateless person as a person eligible for subsidiary protection; [...]

      Article 13: Granting of refugee status
      Member States shall grant refugee status to a third-country national or a stateless person who qualifies as a refugee in accordance with Chapters II and III.‘

      Article 18: Granting of subsidiary protection status
      Member States shall grant subsidiary protection status to a third-country national or a stateless person eligible for subsidiary protection in accordance with Chapters II and V.‘

      Article 21: Protection from refoulement

      1.   Member States shall respect the principle of non-refoulement in accordance with their international obligations.

      2.   Where not prohibited by the international obligations mentioned in paragraph 1, Member States may refoule a refugee, whether formally recognised or not, when:

      (a) there are reasonable grounds for considering him or her as a danger to the security of the Member State in which he or she is present; or

      (b) he or she, having been convicted by a final judgement of a particularly serious crime, constitutes a danger to the community of that Member State.

      3.   Member States may revoke, end or refuse to renew or to grant the residence permit of (or to) a refugee to whom paragraph 2 applies.

      Article 22: Information

      Member States shall provide persons recognised as being in need of international protection, as soon as possible after the respective protection status has been granted, with access to information, in a language likely to be understood by them, on the rights and obligations relating to that status.

      Article 23: Maintaining family unity

      1.   Member States shall ensure that family unity can be maintained.

      2.   Member States shall ensure that family members of the beneficiary of refugee or subsidiary protection status, who do not individually qualify for such status, are entitled to claim the benefits referred to in Articles 24 to 34, in accordance with national procedures and as far as it is compatible with the personal legal status of the family member.

      In so far as the family members of beneficiaries of subsidiary protection status are concerned, Member States may define the conditions applicable to such benefits.

      In these cases, Member States shall ensure that any benefits provided guarantee an adequate standard of living.

      3.   Paragraphs 1 and 2 are not applicable where the family member is or would be excluded from refugee or subsidiary protection status pursuant to Chapters III and V.

      4.   Notwithstanding paragraphs 1 and 2, Member States may refuse, reduce or withdraw the benefits referred therein for reasons of national security or public order.

      5.   Member States may decide that this Article also applies to other close relatives who lived together as part of the family at the time of leaving the country of origin, and who were wholly or mainly dependent on the beneficiary of refugee or subsidiary protection status at that time.

      Article 26: Access to employment

      1.   Member States shall authorise beneficiaries of refugee status to engage in employed or self-employed activities subject to rules generally applicable to the profession and to the public service, immediately after the refugee status has been granted.

      2.   Member States shall ensure that activities such as employment-related education opportunities for adults, vocational training and practical workplace experience are offered to beneficiaries of refugee status, under equivalent conditions as nationals.

      3.   Member States shall authorise beneficiaries of subsidiary protection status to engage in employed or self-employed activities subject to rules generally applicable to the profession and to the public service immediately after the subsidiary protection status has been granted. The situation of the labour market in the Member States may be taken into account, including for possible prioritisation of access to employment for a limited period of time to be determined in accordance with national law. Member States shall ensure that the beneficiary of subsidiary protection status has access to a post for which the beneficiary has received an offer in accordance with national rules on prioritisation in the labour market.

      4.   Member States shall ensure that beneficiaries of subsidiary protection status have access to activities such as employment-related education opportunities for adults, vocational training and practical workplace experience, under conditions to be decided by the Member States.

      5.   The law in force in the Member States applicable to remuneration, access to social security systems relating to employed or self-employed activities and other conditions of employment shall apply.

      Article 27: Access to education

      1.   Member States shall grant full access to the education system to all minors granted refugee or subsidiary protection status, under the same conditions as nationals.

      2.   Member States shall allow adults granted refugee or subsidiary protection status access to the general education system, further training or retraining, under the same conditions as third country nationals legally resident.

      3.   Member States shall ensure equal treatment between beneficiaries of refugee or subsidiary protection status and nationals in the context of the existing recognition procedures for foreign diplomas, certificates and other evidence of formal qualifications.

      Article 28: Social welfare

      1.   Member States shall ensure that beneficiaries of refugee or subsidiary protection status receive, in the Member State that has granted such statuses, the necessary social assistance, as provided to nationals of that Member State.

      2.   By exception to the general rule laid down in paragraph 1, Member States may limit social assistance granted to beneficiaries of subsidiary protection status to core benefits which will then be provided at the same levels and under the same eligibility conditions as nationals.

      Article 29: Health care

      1.   Member States shall ensure that beneficiaries of refugee or subsidiary protection status have access to health care under the same eligibility conditions as nationals of the Member State that has granted such statuses.

      2.   By exception to the general rule laid down in paragraph 1, Member States may limit health care granted to beneficiaries of subsidiary protection to core benefits which will then be provided at the same levels and under the same eligibility conditions as nationals.

      3.   Member States shall provide, under the same eligibility conditions as nationals of the Member State that has granted the status, adequate health care to beneficiaries of refugee or subsidiary protection status who have special needs, such as pregnant women, disabled people, persons who have undergone torture, rape or other serious forms of psychological, physical or sexual violence or minors who have been victims of any form of abuse, neglect, exploitation, torture, cruel, inhuman and degrading treatment or who have suffered from armed conflict.

    • Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast)

      Preamble 


      (5) Articles 21 and 23 of the Charter of Fundamental Rights of the European Union also prohibit any discrimination on grounds of sex and enshrine the right to equal treatment between men and women in all areas, including employment, work and pay.


      (6) Harassment and sexual harassment are contrary to the principle of equal treatment between men and women and constitute discrimination on grounds of sex for the purposes of this Directive. These forms of discrimination occur not only in the workplace, but also in the context of access to employment, vocational training and promotion. They should therefore be prohibited and should be subject to effective, proportionate and dissuasive penalties.

      (7) In this context, employers and those responsible for vocational training should be encouraged to take measures to combat all forms of discrimination on grounds of sex and, in particular, to take preventive measures against harassment and sexual harassment in the workplace and in access to employment, vocational training and promotion, in accordance with national law and practice.

      (8) The principle of equal pay for equal work or work of equal value as laid down by Article 141 of the Treaty and consistently upheld in the case-law of the Court of Justice constitutes an important aspect of the principle of equal treatment between men and women and an essential and indispensable part of the acquis communautaire, including the case-law of the Court concerning sex discrimination. It is therefore appropriate to make further provision for its implementation.


      (11) The Member States, in collaboration with the social partners, should continue to address the problem of the continuing gender-based wage differentials and marked gender segregation on the labour market by means such as flexible working time arrangements which enable both men and women to combine family and work commitments more successfully. This could also include appropriate parental leave arrangements which could be taken up by either parent as well as the provision of accessible and affordable child-care facilities and care for dependent persons.


      (26) In the Resolution of the Council and of the Ministers for Employment and Social Policy, meeting within the Council, of 29 June 2000 on the balanced participation of women and men in family and working life , Member States were encouraged to consider examining the scope for their respective legal systems to grant working men an individual and non‐transferable right to paternity leave, while maintaining their rights relating to employment.

      Article 2: Definitions

      1.   For the purposes of this Directive, the following definitions shall apply:

      (a) ‘direct discrimination’: where one person is treated less favourably on grounds of sex than another is, has been or would be treated in a comparable situation;

      (b) ‘indirect discrimination’: where an apparently neutral provision, criterion or practice would put persons of one sex at a particular disadvantage compared with persons of the other sex, unless that provision, criterion or practice is objectively justified by a legitimate aim, and the means of achieving that aim are appropriate and necessary;

      (c) ‘harassment’: where unwanted conduct related to the sex of a person occurs with the purpose or effect of violating the dignity of a person, and of creating an intimidating, hostile, degrading, humiliating or offensive environment;

      (d) ‘sexual harassment’: where any form of unwanted verbal, non-verbal or physical conduct of a sexual nature occurs, with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment;

      (e)‘pay’: the ordinary basic or minimum wage or salary and any other consideration, whether in cash or in kind, which the worker receives directly or indirectly, in respect of his/her employment from his/her employer;

      (f) ‘occupational social security schemes’: schemes not governed by Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security (16) whose purpose is to provide workers, whether employees or self-employed, in an undertaking or group of undertakings, area of economic activity, occupational sector or group of sectors with benefits intended to supplement the benefits provided by statutory social security schemes or to replace them, whether membership of such schemes is compulsory or optional.

      2.   For the purposes of this Directive, discrimination includes:

      (a) harassment and sexual harassment, as well as any less favourable treatment based on a person's rejection of or submission to such conduct;

      (b) instruction to discriminate against persons on grounds of sex;

      (c) any less favourable treatment of a woman related to pregnancy or maternity leave within the meaning of Directive 92/85/EEC.

      CHAPTER 1: Equal pay

      Article 4: Prohibition of discrimination

      For the same work or for work to which equal value is attributed, direct and indirect discrimination on grounds of sex with regard to all aspects and conditions of remuneration shall be eliminated.

      In particular, where a job classification system is used for determining pay, it shall be based on the same criteria for both men and women and so drawn up as to exclude any discrimination on grounds of sex.

      CHAPTER 2 : Equal treatment in occupational social security schemes

      Article 5: Prohibition of discrimination

      Without prejudice to Article 4, there shall be no direct or indirect discrimination on grounds of sex in occupational social security schemes, in particular as regards:

      (a) the scope of such schemes and the conditions of access to them;

      (b) the obligation to contribute and the calculation of contributions;

      (c) the calculation of benefits, including supplementary benefits due in respect of a spouse or dependants, and the conditions governing the duration and retention of entitlement to benefits.

      Article 7: Material scope

      1.   This Chapter applies to:

      (a) occupational social security schemes which provide protection against the following risks:

      (i) sickness,

      (ii)invalidity,

      (iii) old age, including early retirement,

      (iv) industrial accidents and occupational diseases,

      (v) unemployment;

      (b) occupational social security schemes which provide for other social benefits, in cash or in kind, and in particular survivors' benefits and family allowances, if such benefits constitute a consideration paid by the employer to the worker by reason of the latter's employment.

      2.   This Chapter also applies to pension schemes for a particular category of worker such as that of public servants if the benefits payable under the scheme are paid by reason of the employment relationship with the public employer. The fact that such a scheme forms part of a general statutory scheme shall be without prejudice in that respect.

      CHAPTER 3 : Equal treatment as regards access to employment, vocational training and promotion and working conditions

      Article 14: Prohibition of discrimination

      1.   There shall be no direct or indirect discrimination on grounds of sex in the public or private sectors, including public bodies, in relation to:

      (a) conditions for access to employment, to self-employment or to occupation, including selection criteria and recruitment conditions, whatever the branch of activity and at all levels of the professional hierarchy, including promotion;

      (b) access to all types and to all levels of vocational guidance, vocational training, advanced vocational training and retraining, including practical work experience;

      (c) employment and working conditions, including dismissals, as well as pay as provided for in Article 141 of the Treaty;

      (d) membership of, and involvement in, an organisation of workers or employers, or any organisation whose members carry on a particular profession, including the benefits provided for by such organisations.

      2.   Member States may provide, as regards access to employment including the training leading thereto, that a difference of treatment which is based on a characteristic related to sex shall not constitute discrimination where, by reason of the nature of the particular occupational activities concerned or of the context in which they are carried out, such a characteristic constitutes a genuine and determining occupational requirement, provided that its objective is legitimate and the requirement is proportionate.

    • Treaty on the Functioning of the European Union

      Article 56

      (ex Article 49 TEC)

      Within the framework of the provisions set out below, restrictions on freedom to provide services within the Union shall be prohibited in respect of nationals of Member States who are established in a Member State other than that of the person for whom the services are intended.

      The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may extend the provisions of the Chapter to nationals of a third country who provide services and who are established within the Union.

    • Treaty on the Functioning of the European Union

      Article 49

      (ex Article 43 TEC)

      Within the framework of the provisions set out below, restrictions on the freedom of establishment of nationals of a Member State in the territory of another Member State shall be prohibited. Such prohibition shall also apply to restrictions on the setting-up of agencies, branches or subsidiaries by nationals of any Member State established in the territory of any Member State.

      Freedom of establishment shall include the right to take up and pursue activities as self-employed persons and to set up and manage undertakings, in particular companies or firms within the meaning of the second paragraph of Article 54, under the conditions laid down for its own nationals by the law of the country where such establishment is effected, subject to the provisions of the Chapter relating to capital.

    • Treaty on the Functioning of the European Union

      Article 45

      (ex Article 39 TEC)

      1. Freedom of movement for workers shall be secured within the Union.

      2. Such freedom of movement shall entail the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment.

      3. It shall entail the right, subject to limitations justified on grounds of public policy, public security or public health:

      (a) to accept offers of employment actually made;

      (b) to move freely within the territory of Member States for this purpose;

      (c) to stay in a Member State for the purpose of employment in accordance with the provisions governing the employment of nationals of that State laid down by law, regulation or administrative action;

      (d) to remain in the territory of a Member State after having been employed in that State, subject to conditions which shall be embodied in regulations to be drawn up by the Commission.

      4. The provisions of this Article shall not apply to employment in the public service.

    • Treaty on the Functioning of the European Union

      Article 26

      (ex Article 14 TEC)

      1. The Union shall adopt measures with the aim of establishing or ensuring the functioning of the internal market, in accordance with the relevant provisions of the Treaties.

      2. The internal market shall comprise an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured in accordance with the provisions of the Treaties.

      3. The Council, on a proposal from the Commission, shall determine the guidelines and conditions necessary to ensure balanced progress in all the sectors concerned.

    • Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States

      Preamble 


      (31) This Directive respects the fundamental rights and freedoms and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In accordance with the prohibition of discrimination contained in the Charter, Member States should implement this Directive without discrimination between the beneficiaries of this Directive on grounds such as sex, race, colour, ethnic or social origin, genetic characteristics, language, religion or beliefs, political or other opinion, membership of an ethnic minority, property, birth, disability, age or sexual orientation,

       

      Article 1: Subject

      This Directive lays down:

      (a) the conditions governing the exercise of the right of free movement and residence within the territory of the Member States by Union citizens and their family members;

      (b) the right of permanent residence in the territory of the Member States for Union citizens and their family members;

      (c) the limits placed on the rights set out in (a) and (b) on grounds of public policy, public security or public health.

    • Consolidated version of the Treaty on the Functioning of the European Union

      Article 45 (ex Article 39 TEC)

      1. Freedom of movement for workers shall be secured within the Union.

      2. Such freedom of movement shall entail the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment.

      3. It shall entail the right, subject to limitations justified on grounds of public policy, public security or public health:

      (a) to accept offers of employment actually made;

      (b) to move freely within the territory of Member States for this purpose;

      (c) to stay in a Member State for the purpose of employment in accordance with the provisions governing the employment of nationals of that State laid down by law, regulation or administrative action;

      (d) to remain in the territory of a Member State after having been employed in that State, subject to conditions which shall be embodied in regulations to be drawn up by the Commission.

      4. The provisions of this Article shall not apply to employment in the public service.

      Article 46 (ex Article 40 TEC)

      The European Parliament and the Council shall, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee, issue directives or make regulations setting out the measures required to bring about freedom of movement for workers, as defined in Article 45, in particular:

      (a) by ensuring close cooperation between national employment services;

      (b) by abolishing those administrative procedures and practices and those qualifying periods in respect of eligibility for available employment, whether resulting from national legislation or from agreements previously concluded between Member States, the maintenance of which would form an obstacle to liberalisation of the movement of workers;

      (c) by abolishing all such qualifying periods and other restrictions provided for either under national legislation or under agreements previously concluded between Member States as imposed on workers of other Member States conditions regarding the free choice of employment other than those imposed on workers of the State concerned;

      (d) by setting up appropriate machinery to bring offers of employment into touch with applications for employment and to facilitate the achievement of a balance between supply and demand in the employment market in such a way as to avoid serious threats to the standard of living and level of employment in the various regions and industries.

    • Directive (EU) 2022/2381 of the European Parliament and of the Council of 23 November 2022 on improving the gender balance among directors of listed companies and related measures

      Article 1

      Purpose

      This Directive aims to achieve a more balanced representation of women and men among the directors of listed companies by establishing effective measures that aim to accelerate progress towards gender balance, while allowing listed companies sufficient time to make the necessary arrangements for that purpose.

    • Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation

      Preamble  

      (2) The principle of equal treatment between women and men is well established by an important body of Community law, in particular in Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions(5).

      (3) In implementing the principle of equal treatment, the Community should, in accordance with Article 3(2) of the EC Treaty, aim to eliminate inequalities, and to promote equality between men and women, especially since women are often the victims of multiple discrimination.

      (4) The right of all persons to equality before the law and protection against discrimination constitutes a universal right recognised by the Universal Declaration of Human Rights, the United Nations Convention on the Elimination of All Forms of Discrimination against Women, United Nations Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights and by the European Convention for the Protection of Human Rights and Fundamental Freedoms, to which all Member States are signatories. Convention No 111 of the International Labour Organisation (ILO) prohibits discrimination in the field of employment and occupation.

      (6) The Community Charter of the Fundamental Social Rights of Workers recognises the importance of combating every form of discrimination, including the need to take appropriate action for the social and economic integration of elderly and disabled people.

      (8) The Employment Guidelines for 2000 agreed by the European Council at Helsinki on 10 and 11 December 1999 stress the need to foster a labour market favourable to social integration by formulating a coherent set of policies aimed at combating discrimination against groups such as persons with disability. They also emphasise the need to pay particular attention to supporting older workers, in order to increase their participation in the labour force.

      (10) On 29 June 2000 the Council adopted Directive 2000/43/EC(6) implementing the principle of equal treatment between persons irrespective of racial or ethnic origin. That Directive already provides protection against such discrimination in the field of employment and occupation.

      (11) Discrimination based on religion or belief, disability, age or sexual orientation may undermine the achievement of the objectives of the EC Treaty, in particular the attainment of a high level of employment and social protection, raising the standard of living and the quality of life, economic and social cohesion and solidarity, and the free movement of persons.

      (12) To this end, any direct or indirect discrimination based on religion or belief, disability, age or sexual orientation as regards the areas covered by this Directive should be prohibited throughout the Community. This prohibition of discrimination should also apply to nationals of third countries but does not cover differences of treatment based on nationality and is without prejudice to provisions governing the entry and residence of third-country nationals and their access to employment and occupation.

      Article 1: Purpose

      The purpose of this Directive is to lay down a general framework for combating discrimination on the grounds of religion or belief, disability, age or sexual orientation as regards employment and occupation, with a view to putting into effect in the Member States the principle of equal treatment.

      Article 2: Concept of discrimination

      1. For the purposes of this Directive, the "principle of equal treatment" shall mean that there shall be no direct or indirect discrimination whatsoever on any of the grounds referred to in Article 1.

      2. For the purposes of paragraph 1:

      (a) direct discrimination shall be taken to occur where one person is treated less favourably than another is, has been or would be treated in a comparable situation, on any of the grounds referred to in Article 1;

      (b) indirect discrimination shall be taken to occur where an apparently neutral provision, criterion or practice would put persons having a particular religion or belief, a particular disability, a particular age, or a particular sexual orientation at a particular disadvantage compared with other persons unless:

      (i) that provision, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary, or

      (ii) as regards persons with a particular disability, the employer or any person or organisation to whom this Directive applies, is obliged, under national legislation, to take appropriate measures in line with the principles contained in Article 5 in order to eliminate disadvantages entailed by such provision, criterion or practice.

      3. Harassment shall be deemed to be a form of discrimination within the meaning of paragraph 1, when unwanted conduct related to any of the grounds referred to in Article 1 takes place with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment. In this context, the concept of harassment may be defined in accordance with the national laws and practice of the Member States.

      Article 5: Reasonable accommodation for disabled persons

      In order to guarantee compliance with the principle of equal treatment in relation to persons with disabilities, reasonable accommodation shall be provided. This means that employers shall take appropriate measures, where needed in a particular case, to enable a person with a disability to have access to, participate in, or advance in employment, or to undergo training, unless such measures would impose a disproportionate burden on the employer. This burden shall not be disproportionate when it is sufficiently remedied by measures existing within the framework of the disability policy of the Member State concerned.

      Article 9: Defence of rights

      1. Member States shall ensure that judicial and/or administrative procedures, including where they deem it appropriate conciliation procedures, for the enforcement of obligations under this Directive are available to all persons who consider themselves wronged by failure to apply the principle of equal treatment to them, even after the relationship in which the discrimination is alleged to have occurred has ended.

      2. Member States shall ensure that associations, organisations or other legal entities which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that the provisions of this Directive are complied with, may engage, either on behalf or in support of the complainant, with his or her approval, in any judicial and/or administrative procedure provided for the enforcement of obligations under this Directive.

      3. Paragraphs 1 and 2 are without prejudice to national rules relating to time limits for bringing actions as regards the principle of equality of treatment.

    5 results found

    • Committee on Economic, Social and Cultural Rights, General comment No. 23 (2016) on the right to just and favourable conditions of work (article 7 of the International Covenant on Economic, Social and Cultural Rights)
    • Human Rights Council resolution 22/3 (2013) - The work and employment of persons with disabilities
    • Human Rights Council resolution 28/15 (2015) - The right to work
    • Human Rights Council Resolution 31/15 (2016) - The right to work
    • R205 - Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205)

      ‘7. In taking measures on employment and decent work in response to crisis situations arising from conflicts and disasters, and with a view to prevention, Members should take into account the following:
      (a) the promotion of full, productive, freely chosen employment and decent work which are vital to promoting peace, preventing crises, enabling recovery and building resilience;
      (b) the need to respect, promote and realize the fundamental principles and rights at work, other human rights and other relevant international labour standards, and to take into account other international instruments and documents, as appropriate and applicable; [...].‘