Review article

The Concept of “Worker” in European Union Law

Katarina Peročević ; Ministry of Labour and Pension System, Zagreb, Croatia

Abstract

In European Union law the term “worker” is construed in different ways. Depending on the context, the relevant EU law or national law of a Member State is applied. The term is not defined in the Treaties and secondary legislation, but its interpretation is given by the Court of Justice in order to provide better and more comprehensive protection of workers. The definition of the term “worker” is essential for the proper application of EU law, but at the same time very complicated because of its application in different national contexts that have their own definitions. The Court of Justice judgments have an important role in determining the criteria according to which a person is considered to be a worker. The paper analyzes in detail the concept of “worker” in the context of the freedom of movement of workers with regard to the nature, duration, quality of work and certain types of occupations, such as athletes, doctoral students, people in vocational training and others. It also indicates its importance for the application of anti-discrimination law and work through temporary employment agencies.

Keywords

free movement of workers; “worker” in EU; Court of Justice of the European Union

Hrčak ID:

181641

URI

https://hrcak.srce.hr/181641

Publication date:

4.5.2017.

Article data in other languages: croatian

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