The (labour mobility) rights of displaced persons from Ukraine.
Date: 2024-03-19
Institutions: Directorate-General for Employment, Social Affairs and Inclusion
Subjects: EU Member State, EU aid, Russo-Ukrainian issue, aid to refugees, civil defence, emergency aid, forced migration, fundamental rights, international human rights law, labour market, labour mobility, refugee, report, social security

Copyright European Commission.

The (labour mobility) 
rights of

displaced

persons from Ukraine

Russia’s military invasion of Ukraine on 24 February 
2022 triggered an influx of displaced persons from 
Ukraine seeking safety, protection and security in 
the European Union. 
Well over 4 million people displaced from Ukraine 
(4.16 million) currently enjoy temporary protection 
in  the  EU.  Ever  since  the  start  of  the  war  of 
aggression  against  Ukraine,  the  EU  has  adopted 
various  measures,  such  as  economic  assistance, 
humanitarian aid, civil protection support as well 
as  capacity-building  among  Ukrainian  armed 
forces. 
Dealing  with  displaced  persons  in  such  large 
numbers, currently around 1.04 million in Germany, 
953  000  in  Poland  and  385  000  in  Czechia, 
constitutes a major challenge for the EU, and for 
the individual Member States. 

TEMPORARY PROTECTION DIRECTIVE 
(TPD)1 
Following  the  call  of  the  home  affairs  ministers,  on  2  March 
2022,  the  Commission  rapidly proposed  to  activate  the 
Temporary  Protection  Directive  for  people  fleeing  the  war  in 
Ukraine.  On  4  March  2022,  the  Council  unanimously  adopted 
the Decision giving  those  fleeing  war  in  Ukraine  the  right  to 
temporary  protection.  In  October  2022,  temporary  protection 
was automatically extended until 4 March 2024. On 19 October 
2023,  following  a  proposal  from  the  Commission,  a  Council 
Decision was adopted to extend their temporary protection until 
4 March 2025.

The primary objective of the Temporary Protection Directive is to 
establish a common European approach to providing temporary 
protection  to  displaced  persons  in  the  event  of  a  mass  influx. 
It  outlines  the  rights  afforded  to  those  under  temporary 
protection,  emphasizing  access  to  education,  healthcare,  and 
the  labour  market  among  others.  Additionally,  it  encourages 
burden-sharing  among  EU  Member  States  to  distribute  the 
responsibility  of  hosting  and  supporting  displaced  populations 
more equitably.

According  to  the  latest  figures,  4.16  million  people  displaced 
from Ukraine are currently beneficiaries of temporary protection. 

BUT HOW EXACTLY DOES THE TPD BENEFIT 
DISPLACED PERSONS FROM UKRAINE? 

First and foremost, the TPD grants immediate residence rights in 
the Member State where they enjoy temporary protection2. In other 
words,  Member  States  are  obliged  to  issue  a  residence  permit 
in  accordance  with  their  own  legislation  for  the  entire  duration 
of temporary protection. In addition, this permit is accompanied 
by  access  to  essential  services,  with  a  focus  on  facilitating  the 
inclusion of displaced persons into the host society. 

Ukrainian  nationals  who  have  a  biometric  passport  have  since 
June  2017  the  right  to  enter  the  EU  and/or  to  travel  visa-free 
from one Member State to another within the Schengen area, for 
maximum periods of stay of 90 days within a 180-day reference 
period3. The TPD also contains specific provisions regarding family 
reunification. 

Once  someone  fleeing  Ukraine  has  registered  in  a  Member 
State, the minimum they are entitled to are the following rights:

 ˉ Right to be engaged in employed or self-employed 
activities (subject to the rules applicable to the 
profession) (Article 12 TPD);

 ˉ Right to adult education, (vocational) training and 
practical workplace experience (Article 12 TPD);

 ˉ Access to the general education system 

(Article 14 TPD);

 ˉ Right to suitable accommodation 

or to receive the means to 
obtain housing (Article 13 
(1) TPD); 

 ˉ Right to receive necessary 
assistance in terms of 
social welfare and means 
of subsistence (Article 13 
(2),(3) TPD);

 ˉ Right to medical care at least in 

what regards emergency care and essential treatment 
of illnesses (Article 13.2 TPD);

 ˉ Special rights are furthermore granted to minors and 

persons with special needs, e.g. persons who have been 
subject to violence and human rights violations (Article 
13 (4) TPD).

1  The Temporary Protection Directive, formally known as Council Directive 2001/55/EC, was adopted in 2001 as a response to the humanitarian crises in 

the Western Balkans during the 1990s.

2  Article 26 TPD grants displaced persons from Ukraine the right to apply for temporary protection in another Member State than the one in which they 
were firstly registered. However, Member States decided to waive the use of Article 11 of the TPD, meaning that a Member State has an obligation to 
provide for the rights in the TPD for as long as the person falls under the scope, regardless of whether the person was previously registered in another 
Member State.

3  See Annex II of Regulation (EU) 2018/1806.

These  rights  constitute  minimum  standards  every  Member 
State must meet. Member States are free to do more and many 
have  gone  beyond  this  to  help  people  displaced  from  Ukraine 
integrate the job market as well as to help them adapt to life 
in their host country and protect them from exploitation in their 
new  and  unfamiliar  environment  at  a  time  of  great  personal 
stress. 

BUT WHAT ABOUT THE LABOUR 
MOBILITY RIGHTS? 

Are  displaced  persons  able  to  freely  move 
within  the  EU,  as  EU  workers  can  do? 
The  answer  is  complicated.  As  such, 
the  TPD  does  not  endow  displaced 
persons  a  right  to  freely  move  for 
the purposes of seeking or accepting 
a job in another Member State than 
the one in which they are enjoying 
temporary protection. As most third 
country nationals, displaced persons 
who  seek  employment 
Member  State  may  be  subject  to  restrictions  of  that  Member 
State (including the requirement of a work permit or they may be 
subject to quota). When it comes to beneficiaries of temporary 
protection  looking  for  employment,  it  should  be  noted  that 
Member  States  may  give  priority  in  access  to  employment  to 
EU/EEA citizens for labour market policy reasons.

in  another 

AND WHAT ABOUT SOCIAL SECURITY 
COORDINATION?

If you exercise your right of free movement as an EU citizen, your 
social security rights and entitlements move with you. The EU 
has a social security coordination system that guarantees this 
by  linking  the  national  social  security  systems.  It  ensures  you 
have continuous coverage when you move to another Member 
State, whether it is for work, on holiday, to retire or for planned 
healthcare. The same rules make sure you do not end up paying 
social security contributions in two Member States.

Thanks  to  Regulation  1231/20104,  displaced  persons  too  are 
subject to these EU social security coordination rules. When a 
displaced  person  from  Ukraine  is  insured  in  a  Member  State, 
they  will  be  covered  when  a  cross-border  element  occurs  (for 
example when they are working in another Member State)5. For 
instance,  this  means  that  previous  periods  of  insurance,  work 
or residence in other Member States will be taken into account 
in the calculation of their benefits (principle of aggregation of 
periods), for example in case of old age pension or a possible 

SOME EXAMPLES OF MEMBER STATES’ APPROACHES
Member States decide on how exactly TP measures are 
implemented. The below initiatives from Bulgaria and Czechia 
are illustrative for Member States’ approaches to support 
people fleeing the war in Ukraine. 
Bulgaria has implemented an initiative known as 'Solidarity' 
to aid displaced persons from Ukraine in swiftly integrating 
into the labour market. It offers comprehensive assistance, 
including psychological support, expert advice, and 
employment counselling. Displaced individuals who enrol 
with the Labour Office directorates are eligible to receive 
subsidised full-time or part-time employment for a maximum 
duration of 3 months. Additionally, they are assigned a 
mentor by their employer and provided with an integration 
supplement that covers expenses such as rent, overheads, 
and internet access.
In Czechia, displaced persons are entitled to temporary 
housing by public authorities, municipalities, businesses, 
and individuals. Czech households also receive a 'solidary 
household benefit' for providing temporary accommodation 
free of charge to individuals under temporary protection. 

More examples in other Member States can be found here.

unemployment benefit.  

Finally,  it  also  worth  mentioning  that,  as  any  other  legally 
staying third country nationals, displaced persons from Ukraine 
can be in a situation where they are posted from the Member 
State  where  they  obtained  their  temporary  protection  status 
(e.g. Romania) to work temporarily in another Member State (e.g. 
Germany). This means that the Posted Workers Directive (PWD)6 
will  apply.  As  a  consequence,  the  (core)  working  conditions 
applicable in the host Member State apply also to the displaced 
person  who  is  posted.  Additionally,  in  the  case  of  postings  by 
temporary work agencies, the displaced person is to be treated 
equally with the workers employed by the user undertaking.

The TPD provides a legal framework for the temporary protection 
of displaced persons. It outlines the rights and benefits afforded 
to  those  under  temporary  protection,  emphasizing  access  to 
education,  medical  care,  and  the  labour  market  among 
others. By ensuring also labour mobility 
rights to those affected by the conflict in 
Ukraine, the EU and its Member States 
can  take  a  significant  step  towards 
building a future where displaced 
persons  can  rebuild  their  lives 
and contribute to the prosperity 
of their new communities.

4  Regulation 1231/2010 extends the scope of Regulation 883/2004 and its implementing Regulation 987/2009 to third-country nationals, who are legally 

residing in the EU as well as to their family members.

5  However, as explained above, in practice such cases of consecutive/simultaneous work in two Member States may be of little importance given the fact 
that Member States can restrict access to their own national labour markets for displaced persons when they have a temporary protection status in 
another Member States.

6  Directive 96/71/EC concerning the posting of workers in the framework of the provisions of services as amended by Directive 2018/957/EU.

This document has been prepared for the European Commission however it reflects the views only of the authors, and the European Commission is not liable for 
any consequence stemming from the reuse of this publication. More information on the European Union is available on the Internet (http://www.europa.eu).

Manuscript completed in January 2024.

Luxembourg: Publications Office of the European Union, 2024

© European Union, 2024

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ISBN : 978-92-68-12547-2                  doi: 10.2767/445091                  KE-02-24-175-EN-N