WORKERS RIGHTS – The December 2017 Joint (EU & UK) Report protects the rights of workers already in cross-border employment. But it does not safeguard the rights of future cross-border workers.

How Brexit will impact on cross-border employment opportunities and workers rights is a real
concern.

The Treaty on the Functioning of the European Union (TFEU) underpins many rights we take for
granted every day. Article 45 enshrines workers’ rights:

• the right to accept offers of employment in another Member State
• the right to move freely within the territory of Member States for this purpose;
• the right to stay in a Member State for the purpose of employment;
• the right, subject to conditions, to remain after having been employed there;
• the right to equal treatment in respect of access to employment, working conditions and all
  other advantages which could help to facilitate the worker’s integration in the host Member
  State.

In addition workers are protected by EU regulations and directives that create an environment
conducive to citizens’ mobility e.g. social security coordination, access to healthcare, right to family
life and recognition of qualifications.

Workers’ rights have also been advanced by EU legislation and trade unions are concerned about
the impact of Brexit on progress made with respect to:

• Maternity and paternity rights
• Part-time workers rights
• Equal pay for equal work
• Protection from gender-based discrimination or sexual discrimination
• Social security rights

The current UK government has stated it will transpose all EU legislation directly into UK law. This
provides assurances in the short-term, however future governments will be free to change, amend
and potentially remove the current EU standards.

It is commonplace for thousands of workers to cross the border between Ireland and Northern
Ireland every week. Over the course of a working lifetime it is possible for individuals to have worked
for numerous employers on both sides of the border, switching between jobs without regard for the
border.

The December 2017 joint report protects the rights of workers already in cross-border
employment. But it does not safeguard the rights of future cross-border workers. Those UK and
Irish citizens, left outside of the Withdrawal Agreement, will possibly look towards the Common
Travel Area and its loosely bound rights to employment, assuming that the CTA will survive the
negotiations!

Read full Briefing Paper – #Brexit: Areas of concern for users of the Border People project, A. O’Kane, February 2018