EU Temporary Workers
Information for employers about the implementation of the Recognition of Professional Qualifications Directive 2005/36/EC
This Directive sets out the conditions under which professionals can practice their profession in a European community member state other than the one in which they obtained their professional qualification.
The Recognition of Professional Qualifications Directive came into force on 20 October 2007. It combines 15 existing directives into a single document, in which the original directives are largely unchanged. However, there is a new provision allowing professionals to work in another member state on a ‘temporary’ basis without being required to go through the full registration process in that member state. In Wales, this applies to social workers, residential child care managers and adult care home managers.
This document sets out the responsibilities of the Care Council for Wales and employers in managing applications for registration by social workers, residential child care workers and adult care home managers from European Union member states.
Application for permanent registration with the Care Council for Wales
The present process of application for registration with the Care Council for Wales is unchanged for those wishing to establish themselves on a permanent basis.
You will need to continue to ensure that applicants are ‘fit for purpose’ for the particular post on offer by taking up references and where appropriate requiring them to provide evidence that they can communicate effectively in English.
Temporary provision of services
A social care professional established in one member state is entitled under the European Directive to provide services on a temporary basis in Wales.
What counts as ‘temporary’ is not defined in the Directive and it is for each profession in each country to determine its meaning on a case by case basis. Social workers, residential care home managers and adult care home manager who provide relevant information, as required by the Directive, to the Care Council for Wales will be eligible for ‘temporary registration’ which will enable them to practice on an occasional basis. Notification of intention to practice on an occasional basis must be renewed on an annual basis.
Employers and others should note that ‘temporary registration’ is not the same as permanent registration with the Care Council for Wales and temporary registrants may have gone through relevant checks in their home state rather than the full Care Council for Wales procedures. These checks will not necessarily be the same as those applied by the Care Council for Wales.
A social worker, residential child care manager or adult care home manager who wants to provide services on a temporary basis in Wales must be established in the same profession in the member state in which they live. Providing services on a temporary and occasional basis is not the same as being employed on a part-time basis. Those wishing to work on a part-time basis must apply to the Care Council for Wales for permanent registration.
You will still need to continue to ensure that applicants are ‘fit for purpose’ for the particular post on offer by taking up references and where appropriate requiring them to provide evidence that they can communicate effectively in English.
Employers are strongly advised to check the professional’s registration status with the Care Council for Wales.
Employers will need to be aware of the difference between a person on the permanent Care Council for Wales Register, and a social worker, residential child care manager or adult care home manager on the ‘temporary register’ who is established in another European member state who intends to work in Wales on an occasional basis. However, temporary registrants are subject to the Care Council for Wales Codes of Practice and conduct procedures when practising in Wales.
For further information on temporary provision of services you are advised to contact the Care Council for Wales on 0845 0700 399 or registration_a@ccwales.org.uk .