Zoeteweij-Turhan, Margarite Helena

The principle of (in-)equality in EU labor migration law
2016

This paper argues that the EU law on labour migration is characterized by unequal rights for third country nationals coming to join the EU’s work force , and that this appears as a contradiction with principles of EU law and rights protected by the EU’s own Charter of Fundamental Rights . I n order to sustain this argument, it compares the legal position of seasonal workers with that of highly skilled workers by contrasting the rights granted to seasonal workers through the Seasonal Workers Directive with those granted to highly skilled workers that fall within the scope of the EU’s Blue Card Directive . This comparative study reveals that certain categories of third country national workers are treated differently than others, without there being a legal basis for the difference in treatment i n EU law. A further analysis of applicable EU fundamental rights serves to show that EU labour migration law infringes on these rights – and that the EU labour migration law is in need of a thorough and coherent reform. On 30 September 2016, all Member States except the UK, Ireland and Denmark should have implemented the EU’s Seasonal Workers Directive. This Directive aims at harmonizing Member States laws regarding the entry, residence and certain labour rights of seasonal workers, in order to protect them against exploitation. Thus, according to Article 23 of the Directive, third country nationals coming to a Member State as seasonal workers are entitled to equal treatment with nationals of the host Member State. However, the Directive allows Member States to diverge from the principle of equality with regard to certain social benefits, benefits related to education and vocational training. Furthermore, the Directive does not provide for family reunification, as the seasonal workers are not supposed to integrate into the society of the host Member State – even though according to the Directive they may spend as much as nine calendar months per year in the host Member State. The situation of the third country national seasonal worker in the EU will therefore remain precarious even after the implementation of the Seasonal Workers Directive in the national laws of the Member States