Working in another country: the written walkthrough

Myth · To the embassy: without a work permit in hand no contract is possible, better start early.

The myth: “no permit, no contract” The prerequisite you are trying to satisfy generally does not exist: the official page writes that an EU national generally does not need a work permit to work in the EU. When an administration or an employer demands a document, the first question is not “where do I get it?” but “does it exist for me?”.

“you generally don't need a work permit to work anywhere in the EU.”

In plain words: the untraceable form is untraceable because it does not concern you. The right answer to HR is the official page, not an embassy queue.

Myth · That is for employees only: as a self-employed freelancer, I would need an authorisation.

The reverse myth: “the self-employed must ask permission” On this precise point the official page is even sharper than for employees: work permits are NEVER required for self-employed people in the EU. The text's word is “never”. Self-employed activity in another EU country is declared under local rules; it is not authorised by permit.

“Work permits are never required for self-employed people in the EU.”

In plain words: employee, generally no permit; self-employed, never. The sentence does not flip in either case.

Myth · Quotas must be respected: a country may cap the employment of foreigners per company, that is economic policy.

The myth: “the cap on foreigners per company is legal” Article 4 targets exactly that mechanism, and defuses it: provisions which restrict by number or percentage the employment of foreign nationals, in any undertaking, branch of activity or region, or at a national level, shall not apply to nationals of the other Member States. A foreigner quota may exist for other nationalities; for an EU citizen it is transparent.

“Provisions laid down by law, regulation or administrative action of the Member States which restrict by number or percentage the employment of foreign nationals in any undertaking, branch of activity or region, or at a national level, shall not apply to nationals of the other Member States.”

In plain words: the foreigner counter does not count you. Per company, per sector, per region or nationwide: inapplicable to EU citizens, in every format.

Myth · They can at least impose a special “foreign candidates” procedure: reinforced file, prior registration.

The myth: “a separate procedure for foreigners is admissible” The regulation neutralises rules that subject the access to employment of other Member States' nationals to conditions not applicable to nationals, and it names, among the practices covered, those which prescribe a special recruitment procedure for foreign nationals. An obstacle course reserved for non-nationals is not a formality: it is a barrier, and it does not apply.

“provisions laid down by law, regulation or administrative action or administrative practices of a Member State shall not apply: (a) where they limit application for and offers of employment, or the right of foreign nationals to take up and pursue employment or subject these to conditions not applicable in respect of their own nationals; […] prescribe a special recruitment procedure for foreign nationals;”

In plain words: same forms, same procedure as the country's candidates. The special counter for foreigners is precisely what the text renders inapplicable.

Myth · Any language requirement is disguised discrimination: I challenge it on principle.

The myth: “requiring the country's language is prohibited” The regulation provided for the nuance: the protections against discriminatory conditions do not apply to linguistic knowledge required by reason of the nature of the post to be filled. Challenging a legitimate language requirement spends your credibility in the wrong place, and leaves you short of it the day the requirement really is a pretext.

“The first subparagraph shall not apply to conditions relating to linguistic knowledge required by reason of the nature of the post to be filled.”

In plain words: the language tied to the post can lawfully be required. Save your challenges for requirements with no link to the job.

Myth · An allowance is not salary: on fringe benefits, the employer does as it pleases.

The myth: “equality stops at base pay” The regulation has an entire paragraph for the extras: the worker from another Member State enjoys the same social and tax advantages as national workers. If equality covered only base pay, moving the discrimination into the bonuses would be enough. That is exactly the workaround Article 7(2) locks.

“He shall enjoy the same social and tax advantages as national workers.”

In plain words: equality follows the money wherever it goes, transport allowance and canteen included. A benefit served to nationals is served to you too.

Myth · European equality at work is for civil servants: in the private sector the employer stays free.

The myth: “equality applies only in the public sector” The official page sweeps wide and says so expressly: equality covers recruitment, working conditions, promotion, pay, vocational training, occupational pensions and dismissal, and discrimination in the workplace is banned across the EU, in both the public and private sector. A private warehouse is not a zone outside the law: it is a workplace like any other.

“Discrimination in the workplace on the grounds of age, sex, disability, ethnic or racial origin, religion or belief, or sexual orientation is banned across the EU in both the public and private sector.”

In plain words: public or private, same prohibition. Equal treatment does not stop at the company gate.

Myth · Against an agreement signed by the unions and management there is nothing to be done: it is negotiated law.

The myth: “signed by everyone, therefore untouchable” This is precisely the case the regulation provided for: the discriminatory clause of a collective or individual agreement is null and void. Collective bargaining can do much, but it cannot authorise discrimination by nationality: on that point the clause falls by itself, whatever the quality of the signatures at the bottom of the page.

“shall be null and void in so far as it lays down or authorises discriminatory conditions in respect of workers who are nationals of the other Member States.”

In plain words: the hierarchy of norms plays for you. A company agreement cannot write what the regulation prohibits.

Myth · Discriminated against, maybe, but alone against the company: nobody will carry this case with me.

The myth: “discrimination is fought alone” The official page names your ally: in case of discrimination you can bring your case to a national equality body. Some provide information, others help you make a complaint, and some may even, with your approval, take your case to the competent courts. The page also recalls that trade unions, NGOs and lawyers remain possible supports. Alone is a choice; it is not a fate.

“If you believe that you have been discriminated against, you can bring your case to a national equality body […] Some may simply provide you with useful information regarding your situation, while others can help you make a complaint. They may even, with your approval, take your case to the competent courts.”

In plain words: every country has a body whose job is to back this case, up to the courtroom if needed and if you agree. You choose the step; you are not required to climb it alone.