| Abstract [eng] |
Labour migration is a positive phenomenon that helps to solve unemployment or lack in labour force problems. Therefore it is very important to protect the rights of migrant workers in national as well as international level. The major part of this work is dedicated for labour migration in European Union. Free movement of persons is one of the fundamental freedoms guaranteed by Community law. It is one of the most important right under Community law for individuals, and an essential element of European citizenship. The concept and implications of this freedom have been interpreted and developed by the case-law of the European Court of Justice, including the concept of worker itself. The European Court of Justice has interpreted the concept of worker as covering a person who undertakes genuine and effective work under the direction of someone else for which he is paid. This freedom is laid down in article 39 of the EC Treaty and it entails: the right to look for a job in another Member State, the right to work in another Member State, the right to reside there for that purpose, the right to remain after the work relations are finished. Every migrant worker has the right to equal treatment in respect of access to employment, working conditions and other advantages. After the recent EU enlargement Lithuania became a member of EU, this means that the freedom of free movement of workers applies also to Lithuanian workers, with exceptions assessed in the Act of Admission. This Act provides, that for Lithuanian workers there is a transitional period set of maximum seven years during which Community law relating to free movement of Lithuanian workers will not yet apply fully in the old EU countries. For the workers from the third countries (not from EU member states) a dual system of work and residence permits applies. Their rights are more limited as to compare to the rights of workers from EU member states. |
