Law 19983 on
EU Legislative Competences in the Field of Labour Law
Art. 4–
Shared competences between the Union and Member States in the area of social policy, for the aspects defined in the Treaty Art. 19–
Equal treatment Art. 46 –
Free movement of workers Art. 153–
Social policy Art. 157.3 –
equal treatment of men and women Art. 352 –
Other appropriate measures: unanimous action of the Council where there are no other legislative powers.
The primary treaty basis for EU labour law is found under Social Policy.
According to
1. Working conditions; 2. Improvement of the working environment to protect workers’ health and safety; 3. Information and consultation of workers; 4. Protection of workers when their employment contract is terminated; 5. Equal treatment between men and women regarding labor market opport and treatment at work.
Can the European Union Regulate Remuneration for Work?
No, as a general rule, EU does not have the legislative competence to regulate the implementation or level of remuneration for work. This limitation is explicitly governed by . It states:
“The provisions of this Art shall not apply to pay, the right of association, the right to strike or the right to impose lock-outs.”
This explicit exclusion creates a constitutional barrier under the principle of conferral (Article 5(2) TEU), which dictates that the EU can only act within the limits of the competences conferred upon it by the Member States. Because “.
The min wage dispute centers on Directive (UE) 2022/2041, which aims to establish a framework for adequate minimum wages and promote collective wage bargaining across the EU. However, Denmark, seeking its full annulment on the grounds that the EU lacks the legislative authority to regulate wages. Advocate General Emiliou backed Denmark’s position and proposed that the Court of Justice annul the directive, concluding that it directly interferes with national wage-setting systems, violates the explicit “pay” exclusion in Article 153(5) TFEU, and breaches the fundamental principle of conferral
Rights of migrant workers under art. 45 of the TFEU and secondary EU law
1
Freedom of movement for workers shall be secured within the Union
(According to the supranat EU definit a worker must meet the following criteria: 1. Perform services for a certain period of time. 2. Performed for and under the direction of another person. 3. Receive remuneration in return )
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.
(Direct Discrimination:
Measures applied expressly based on nationality.
Indirect Discrimination:
In practice is liable to affect migrant work more than nat workers=disadvantage.
Non-Discriminatory Obstacles:
)
3
It shall entail the right, subject to limitations justified on grounds of public policy, public security or public health
(The concept of public policy must be interpreted strictly ). Person conduct: genuin, seriou, suffic threat to int sociey.
(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 MS 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
(Although MS can restrict certain public sector jobs to their own nationals, this except is interpreted very narrowly. It applies strictly to roles that regularly involve exercising public law powers to safeguard the state’s general interests, which the European Commission limits to the armed forces, police, judiciary, tax authorities, and diplomatic service.)
Art 45 TFEU possesses direct effect (vertical and horizontal) (Van Duyn), oblig on MS that requires no further implementation and confers rights that individuals can directly enforce in national courts.
The rights of migrant workers are supported by secondary EU laws that form a practical framework for mobility. These laws guarantee that workers and their families can move and live freely across Member States, while providing tools to enforce these rights in practice. Separate rules also protect employees who are sent abroad temporarily to perform service