martes, 21 de febrero de 2017

BREXIT AND UK NATIONALS IN SPAIN (4) THE RIGHT TO WORK AND DO BUSINESS

As EU citizens in Spain, UK nationals have been able to work, run businesses and receive benefits in exactly the same way as Spanish citizens, without the need for any work permit. EU citizens and their family members are also explicitly protected from discrimination on grounds of nationality within the scope of EU law. This includes access to employment, recognition of qualifications, public sector employment, working conditions, occupational pensions, vocational training, access to self-employment and social protection. The EU provides protection against discrimination for non-EU residents too, but they need to apply for work permits and go through stringent procedures to renew their residence permits. What will happen when the UK leaves the EU? Below are some of the questions that our members have asked. The answers will depend on the kind of agreement that is reached between the EU and the UK (or between Spain and the UK) about our future status. Because of this we are fighting to maintain all our EU citizenship rights.

Employees (trabajadores a cuenta ajena):
-Will I now need a work permit to stay in my current job?
- Even if I don’t need a work permit to stay where I am, will I need one if I change my job?

Employers (trabajadores a cuenta propia):
-My business is focussed on the UK expat community and many of my staff are UK nationals. Will I have to apply for work permits for them all, once the UK leaves the EU?
If their applications are rejected, will I have a legal obligation to dismiss them against my will and who will be liable for compensation if I am then sued for unfair dismissal?
- I have a seasonal need for temporary staff with UK experience and/or qualifications. Will I need work permits for these workers too?
- I run a business in Spain, employing Spanish (and other) staff. Will I still be allowed to run the business? Will I need a specific permit? If I am not allowed to continue to operate the business, will the UK government compensate me for inevitable costs of dismissal and closing down the company, or selling it at a loss?
Professional qualifications:

-My qualifications to practise a regulated profession (e.g. doctor, dentist, nurse, veterinary surgeon, teacher, lawyer, architect, auditor, etc.) were recognised under European Directives. Will that recognition be maintained or will I have to re-apply as a non-EU national? Will I have to undertake and pay for expensive further studies to re-qualify in my profession in order to comply with Spanish regulations?'
Public sector employment:
- I got my current, public-sector job (e.g nurse, teacher, fireman, ambulance driver, municipal worker) through an “oposición” or competitive examination open to Spanish and other EU nationals. Will my “oposición” result still stand once I am no longer an EU national? Will I be entitled to sit further examinations to get promotion with the public sector?
Self-employed professionals:

- I am a registered self-employed professional (lawyer, translator, English teacher, consultant, etc.) with the freedom to offer my services to people and companies within Spain. Will I continue to enjoy this right post-Brexit? If I am, will I have to apply for a permit and under what conditions?
Social protection:
- Will my cumulative pension rights acquired in two or more EU countries continue to be recognised?
- I have worked in Spain for several years but I am now out of work/unable to work through illness and I am currently receiving an unemployment/disability allowance through the Spanish social security system. Will I maintain my rights to receive such allowances once I am no longer an EU citizen?

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