Can a driver work in another EU country based on a work permit from one EU country?

Working in Another EU Country with a Work Permit from One EU Country

As a general rule, a work permit issued by one EU country does not automatically allow you to work in another EU country. However, there are specific circumstances and regulations that may permit this, primarily based on the principles of free movement and the Posted Workers Directive.

Free Movement of Workers

EU citizens have the right to live and work in any EU country without needing a work permit, according to the principle of free movement. This is enshrined in Article 45 of the Treaty on the Functioning of the European Union (TFEU).

If you are a citizen of an EU member state, you do not need a work permit to work in another EU country. You are entitled to the same employment conditions as nationals of that country.

Third-Country Nationals

If you are not an EU citizen (a third-country national) but have a valid work permit in one EU country, your ability to work in another EU country depends on several factors:

  • Posted Worker Directive (96/71/EC and 2018/957): If your employer in the EU country where you have a work permit temporarily sends you to work in another EU country, you are considered a posted worker. The Posted Workers Directive allows you to work in the second EU country while remaining employed by the company in the first EU country. This posting is usually for a limited duration.
  • Conditions for Posted Workers: As a posted worker, you are entitled to certain rights in the host country, including minimum wage, working conditions, and health and safety standards. These conditions must be at least as favorable as those required by the host country’s laws and collective agreements.
  • Long-Term Residence Permit: If you have a long-term residence permit in an EU country, you may have more rights to work in other EU countries. The rules vary depending on the specific national laws of each country. Some countries may require you to apply for a new work permit, while others may have a simplified procedure.
  • National Regulations: Each EU country has its own regulations regarding the employment of third-country nationals. It is essential to check the specific rules of the country where you intend to work.

Specific Scenarios for International Transport Drivers

For international transport drivers, the rules can be complex. Here are a few scenarios:

  • Posting: A driver employed by a company in one EU country can be temporarily posted to another EU country to perform transport services. This is common in the transport industry. The Posted Workers Directive applies here, ensuring the driver receives at least the minimum wage and working conditions of the host country.
  • Cabotage: Cabotage rules allow a driver to perform domestic transport services within another EU country under certain conditions. These rules are designed to prevent unfair competition and protect local workers.
  • Cross-Border Operations: Drivers engaged in cross-border transport (i.e., transporting goods between different EU countries) are generally covered by the rules of the country where their employer is based, but they must also comply with the regulations of the countries they transit through.

Requirements and Steps to Take

  1. Check National Laws: Always verify the specific regulations of the EU country where you plan to work. Contact the relevant immigration authorities or labor offices for accurate information.
  2. Employer’s Role: Your employer should handle the necessary paperwork and ensure compliance with all applicable laws, including registering you as a posted worker if applicable.
  3. Documentation: Ensure you have all required documents, such as your passport, work permit (if applicable), employment contract, and any other relevant permits or licenses (e.g., driver’s license, Code 95).
  4. Health Insurance: Confirm that you have adequate health insurance coverage for the duration of your stay in the other EU country. The European Health Insurance Card (EHIC) can provide access to healthcare in some cases, but it may not cover all medical expenses.

Resources

  • European Commission: The European Commission’s website on free movement of workers provides comprehensive information on the rights and obligations of workers in the EU.
  • EU Immigration Portal: The EU Immigration Portal offers details on immigration rules and procedures for third-country nationals.
  • National Immigration Authorities: Contact the immigration authorities of the specific EU country where you intend to work for the most accurate and up-to-date information.

Disclaimer: Regulations can change, so it is crucial to verify the latest information with the relevant authorities before making any decisions.

Origin: https://driver-work.com/docs/can-a-driver-work-in-another-eu-country-based-on-a-work-permit-from-one-eu-country/