Posts reserved for nationals
EU countries are allowed to reserve certain public-sector positions for their own nationals. This is an exception to the general rule of free movement of workers and must therefore be interpreted restrictively.
- Only posts involving direct or indirect participation in the exercise of public authority and duties designed to safeguard the general interest of the state may be restricted to nationals.
- These criteria must be assessed on a case-by-case basis, taking into account the tasks and responsibilities covered by the post.
Recruitment and working conditions
For other posts not restricted to nationals, nationals of other EU countries must be treated in the same way as nationals as regards:
- access to posts, e.g. recruitment procedures
- working conditions, such as salary and grade
- recognition of professional experience and seniority
When people apply for public-sector posts in other EU countries, they may have difficulties getting recognition for professional experience and seniority acquired in other EU countries. However:
- public-sector employers must take account of previous periods of comparable employment acquired in other EU countries – both for recruitment and for determining salary, grade and other working conditions
- these periods must be considered in the same way as professional experience and seniority acquired in the host country.
- Commission assesses free movement of workers in public sector
- Legal cases - employment in the public sector
The United Kingdom
All EU law, across all policy areas, will still be applicable to and in the United Kingdom during the transition period. It is currently foreseen that the transition period ends on 31 December 2020.