Solution for Labor Relations and Collective Bargaining: Private and Public Sectors 10th Edition Chapter 13, Problem 1

by Michael R. Carrell, Christina Heavrin, J.D.
475 Solutions 13 Chapters 57247 Studied ISBN: 9780132730013 Supply Chain Management 5 (1)

Chapter 13, Problem Case_Study_13.1_Questions_for_Discussion 1 : Case Study 13.1: Freedom of Movement ...

Case Study 13.1: Freedom of Movement


A national of a Member State who, while maintaining his employment in that State, has transferred his residence to another Member State and has since then carried on his occupation as a frontier worker can claim the status of migrant worker for the purposes of Regulation (EEC) No 1612/68 on freedom of movement for workers within the EU Community. In circumstances such as those at issue in this case, Article 7(2) of Regulation No 1612/68 precludes the spouse of a migrant worker carrying on an occupation in one Member State, who does not work and is resident in another Member State, from being refused a social advantage with the characteristics of Germany’s child-raising allowance on the ground that he did not have his permanent or ordinary residence in the former State.

Questions for Discussion

  1. How should the Court decide this case to support the European Union’s commitment to labor mobility between Member States? Explain.


Step-By-Step Solution

1 The Court should rule in favor of the worker. The EU’s commitment to labor mobility should benefit all of the citizens of the EU equally. The purpose of the child care subsidy is to support the raising of a family. Residents of border states who work in Germany contribute to German economy and should be allowed to participate in the advantages.


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