Since Mohammed is a United Kingdom citizen and the UK is a member of the European Union, he is entitled to move freely within Europe. In addition, Mohammed has a right to treatment that is same to French nationals as a result of activities related to self-employment or employment reasons. Under the Free Movement of Citizens Directive, Article 24 states that citizens of the European Union have the rights to free movement. Moreover, in the course of employment or self-employment activities, EU citizens have a right to be accorded treatment that is similar to the nationals of a host country which is a member of the European Union. Under the European commission directive number 38 of 2004, Mohammed is entitled unlimited access to the labour market alongside the right to equal treatment at work1. Mohammed’s employment as an on call accountant due to the firm’s financial constraints is deemed illegal. This is because all other employees from other nationalities working for the firm had been employed on a regular basis and enjoyed their relative working rights and working conditions. Mohammed’s employers had shown lack of consistency and respect towards Mohammed’s professional qualification by selectively employing him as an on call accountant on a zero hours contract.
Under article 45 of the European Union treaty which has been further developed by the European Union secondary legislation alongside the court of justice’ case law, Mohammed should sue his employers for segregated treatment with respect to working conditions and compensation. Article 45 entitles him as a citizen of the EU various basic rights. The article entitles him to just working conditions that should make his salary either equal to or above the minimum subsistence level. Since his salary was way low which forced him to rely on social security aid, he could sue his employer for unfair and unjustified working conditions. On the other hand, Mohammed had a right to seek employment that would offer him better working conditions and compensation. The better working conditions would enlist other rights such as health and safety, an annual paid leave and proper compensation among others. Under article 15 of the European Union fundamental rights charter, an employee has the right to a freedom of choice of occupations alongside consideration of other work related incentives. Since his employers had undergone financial constraints and were offering him working conditions that were below the minimum rate, Mohammed could seek a better paying employment elsewhere3.
Mohammed’s quest to take up a part-time vocational course during his spare time in order to retrain for a new profession is legally right. Under the same article 15 of the EU fundamental rights charter Protocol 1, any individual is entitled the right to education. Protocol number 3 states that an individual is entitled the right to undertake education with the aim of furthering one’s career, knowledge and improving one’s economic status. Protocol number 4 further states that a citizen of the EU has the right to training and profession of choice. With respect to the above legal provisions, Mohammed should undertake the vocational training course as a way of ensuring he increases his economic earnings. Although the new profession would be different from the initial profession that made him go to France, Article 2 of Protocol 3 grants him the right to diversify into a new profession4.
Since Shoshana is an Israeli, her rights in France are subject to the Association Agreement between Israel and the European Union of 1995. As a result of this Association Agreement, she has the right of entry and access to labour market equal to French citizens. Furthermore, Shoshana is entitled to employment rights and freedoms enjoyed by French citizens. Citizens from other nationalities with association agreements with the European Union are not fully treated as EU citizens. However, Shoshana’s marriage with Mohammed and the birth of the daughter Ananya makes her entitled to equal rights as a citizen of EU through naturalization5 . Shoshana has a right to benefit from treatment that equals French nationals with regard to employment. These include employment terms and conditions, health and safety considerations, holiday entitlement, freedom of association and union membership among others. This would ensure that she gets full access to the labour market as well as enjoyment of other rights and privileges enjoyed by French nationals. Upon staying in France for a period of over 24 months, Shoshana will be deemed a resident of the European Union and will be subjected to the Council Directive of 25 November 2003 under the status of third-country nationals who are long-term residents6.
Ananya’s father Mohammed is a citizen of the EU while her mother Shoshana enjoys EU citizenship status as a result of the association treaty between Israel and the EU. As a result, Ananya tends to acquire automatic EU citizenship due to her patrilineal descent and she is deemed a legal citizen of the European Union. As a result of her citizenship, she is entitled to all rights and freedoms entitled to EU citizens in France alongside other fundamental basic rights. As an EU citizen in France, Ananya is entitled to basic education, healthcare among other basic fundamental rights in the EU Charter of Fundamental Rights7. (Elspeth 145-173).
1 Catherine, EU Employment Law. (Oxford), 2012
2 Hunt, Fair and just working conditions. Economic and Social Rights under the EU Charter of Fundamental Rights: A legal perspective (Oxford Hart publishers) 2003
3 Simon and Morris, Labour Law (Oxford Hart Publishers), 2012
4 Nicolas "Welfare Magnets, Border Effects or Policy Regulations: What Determinants Drive Migration Flows into the EU. (Global Economy Journal 6.4) 2006.
5 Stetter et al., The European Union and Border Conflicts: The Power of Integration and Association. (Cambridge, 2008)
6 Karen The Use of Political Conditionality in the EU’s Relations with Third Countries: How Effective. (European Journal), 2008
7 Guild, The Legal Elements of European Identity: EU Citizenship and Migration Law. Vol. 1. (The Hague: Kluwer Law International) 2004.