Freedom of Movement For Workers - Definition of "worker"

Definition of "worker"

The meaning of 'worker' is a matter of European Union law. "The essential feature of an employment relationship, however, is that for a certain period of time a person performs services for and under the direction of another person in return for which he receives remuneration."

• Purpose: under the ECJ caselaw, the rights of free movement of workers applies regardless of the worker's purpose in taking up employment abroad, so long as the work is not solely provided as a means of rehabilitation or reintegration of the workers concerned into society.

• Time commitment: the right of free movement applies to both part-time and full-time work, so long as the work is effective and genuine and not of such small scale, irregular nature or limited duration to be purely marginal and ancillary....

• Remuneration: a wage is a necessary precondition for activity to constitute work, but the amount is not important. The right to free movement applies whether or not the worker required additional financial assistance from the Member State into which he moves. Remuneration may be indirect quid pro quo (e.g. board and lodging) rather than strict consideration for work.

• Direction of another: where a person is self-employed, he can avail himself of the freedom to provide services and freedom of establishment but not of the free movement of workers.