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What is the Right to Work?

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Written by Steve Gardiner
Updated over 2 weeks ago

What is the Right to Work?

Typically, if you are a national/citizen of a country you automatically have the right to work. However, if an individual emigrates with the intention to reside (and/or work) in another country, it is essential that they obtain the legal permission(s) to do so.

For those cases where the immigrant intends to work, obtaining the right to work is a mandatory legal process that will give them the authorisation to access the local labour market and carry out income generating activities.

The right to work can be obtained through various methods or routes, usually resulting in a temporary or permanent change to their immigration status in that country.

If an individual is contracted through Mauve’s Employer of Record service, it is important that the right to work is established, prior to the start of their assignment. Each individual will be requested to provide sufficient evidence of the right to work before Mauve are able to initiate their onboarding.

Documents that can be used to validate your right to work are:

Passport

If the country of your passport matches the country of work, then the holder automatically has the right to work.

Identification (ID) card/document

Typically issued by a government authority that confirms age and/or identity and can, in some countries when travelling cross-state or within a defined group of countries, be used for travel permission. May not suffice as a right to work document in some countries.

Citizenship certificate

This certificate confirms that the local government has granted citizenship of the country of residence, and gives access to the local labour market in the same way as a naturalised person.

Naturalisation document(s)

A naturalised person refers to someone who has acquired citizenship of a country after birth through a legal process called naturalisation. This process typically involves meeting specific residency requirements, demonstrating knowledge of the country's language and culture, and taking an oath of allegiance.

Permanent residency permit

A permanent residency permit allows a non-citizen to live and work in a country indefinitely. This status is often referred to as being a "permanent resident" or "resident alien."

Permanent residents enjoy many of the same rights as citizens, such as the ability to work without special restrictions, own property, and receive financial assistance for education. However, they do not have all the rights of citizens, such as the right to vote in national elections.

Temporary residence permit

A temporary residence permit allows a foreign national to live in a country for a specific period of time, without becoming a permanent resident or citizen. This permit is often granted for purposes such as work, study, or family reunification.

Temporary residence permits typically come with certain conditions and may need to be renewed periodically. The requirements and duration of these permits can vary significantly from one country to another.

Visa

A visa is an official endorsement or stamp placed in a passport by the authorities of a country, indicating that the holder is allowed to enter, leave, or stay in that country for a specified period.

Visas can be issued for various purposes, such as tourism, work, study, or transit. Each type of visa has its own requirements and conditions.

Work visa

For employment in the host country.

For European Union (EU) nationals working in another European Union (EU) country:

The European Union comprises of 27 member states.

As a citizen of an EU member state, plus Iceland, Liechtenstein and Norway, you automatically have the right to live and work in another EU member state, without needing a visa or work permit.

In order to evidence your right to live and work within this union, you must provide one of the following:

Passport/ID

Citizenship certificate

Naturalisation document

In addition, if you plan to live (and/or work) in an EU country for an extended period, you might need to register your residence with the local authorities. This process varies by country but generally involves proving your identity, address, and purpose of stay.

The following three steps will ensure that you are legally compliant and can access the necessary services while living and working in another EU member state.

• Register your residence: Within two weeks of moving to a new EU country, you must register your address at the local registration or immigration office. You'll need to provide your passport or ID card and a confirmation from your landlord that you have secured a fixed address.

• Tax Identification number: You will receive a tax identification number after registering your residence. This number is necessary for employment and tax purposes.

• Social Security: If you are employed, your employer will register you with the social security system, which covers health, pension, unemployment, and accident insurance.

Workers in Switzerland

While not an EU member, it has agreements with the EU allowing most EU citizens to work following a local residency registration, which should be provided as part of the right to work evidence.

In addition, the Swiss Federal Department of Foreign Affairs (FDFA) can issue a Carte de legitimation to staff members of permanent missions, intergovernmental organizations, international institutions, and their family members and this can be used as proof of the right to work.

Certificates of Eligibility

If the employee holds a work permit, EU BlueCard, employment pass, or certificate of eligibility, depending on where they are currently working, these types of permits, generally require an employer’s sponsorship and usually restrict the holder of the permit from taking up work whilst on the same status for any other employer.

Some exceptions do apply, so please upload a copy when onboarding the worker and we will be happy to review this document for you.

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