The first indent of Article 6(1) of Decision No 1/80 of the EEC-Turkey Association Council must be interpreted as making the extension of a Turkish worker’s residence permit in the host Member State subject to his having been legally employed continuously for one year with the same employer.
First, that provision, which requires the completion of one year’s continuous employment for there to be a right of renewal of the work permit in respect of the same employer and implies the existence of a right of residence for the person concerned to enable him actually to work as an employed person, is based on the premises that only a contractual relationship which lasts for one year is expressive of employment relations stable enough to guarantee the Turkish worker continuity of his employment with the same employer.
Second, the coherence of the system of gradual integration of Turkish workers in the host Member State’s labour force, established by the three indents of Article 6(1), would be disrupted if the worker had the right to enter the service of another employer even before satisfying the condition of one year’s legal employment specified in the first indent of Article 6(1) when, under the second indent of Article 6(1), it is only after three years of legal employment in the Member State concerned that a Turkish worker is entitled to take up work with a different employer, on condition that the employer is engaged in the same business as the previous employer and respects the priority to be given to workers of the Member States.
Citations:
C-386/95, [1997] EUECJ C-386/95
Links:
Jurisdiction:
European
Employment, Immigration
Updated: 03 June 2022; Ref: scu.161740