Keywords
Summary

Keywords

1 International agreements - EEC-Turkey Association Agreement - Freedom of movement for persons - Workers - Power conferred on the Member States to exclude by means of national legislation an entire category of workers from rights conferred by a decision of the Association Council - None

(Decision No 1/80 of the EEC-Turkey Association Council, Art. 6(3))

2 International agreements - EEC-Turkey Association Agreement - Freedom of movement for persons - Workers - Whether a Turkish national employed as a specialist chef by the same employer belongs to the labour force of a Member State - Consequences - Renewal of the residence permit - Employment as a specialist chef working for the same employer - Included

(Decision No 1/80 of the EEC-Turkey Association Council, Art. 6(1))

3 International agreements - EEC-Turkey Association Agreement - Freedom of movement for persons - Workers - Access for Turkish nationals to paid employment of their choice in one of the Member States and ancillary right of residence - Conditions - Previous engagement in legal employment - Periods to be taken into consideration when calculating the period of legal employment - Periods not covered by a residence or work permit but not having been considered by the national authorities as illegal residence - Included

(Decision No 1/80 of the EEC-Turkey Association Council, Arts 6(1) and (2))

Summary

4 Article 6(3) of Decision No 1/80 of the EEC-Turkey Association Council is to be interpreted as meaning that it does not permit Member States to adopt national legislation which excludes at the outset whole categories of Turkish migrant workers, such as specialist chefs, from the rights conferred by the three indents of Article 6(1).

5 A Turkish national who has been lawfully employed in a Member State for an uninterrupted period of more than one year as a specialist chef by the same employer is duly registered as belonging to the labour force of that Member State and is legally employed within the meaning of Article 6(1) of Decision No 1/80 of the EEC-Turkey Association Council. A Turkish national in that situation may accordingly seek the renewal of his permit to reside in the host Member State notwithstanding the fact that he was advised when the work and residence permits were granted that they were for a maximum of three years and restricted to specific work, in this case as a specialist chef, for a specific employer.

6 Article 6(1) of Decision No 1/80 of the EEC-Turkey Association Council is to be interpreted as requiring account to be taken, for the purpose of calculating the periods of legal employment referred to in that provision, of short periods during which the Turkish worker did not hold a valid residence or work permit in the host Member State and which are not covered by Article 6(2) of that decision, where the competent authorities of the host Member State have not called in question on that ground the legality of the residence of the worker in the country but have, on the contrary, issued him with a new residence or work permit.