<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>Social policy is one of the EU policies shared by the EU and the Member States. The aims of EU rules in the field of social policy include protection of the working conditions of workers, on the one hand, and prevention of social dumping between undertakings from different Member States on the other hand. The EU primary and secondary law relating to social policy uses the term “worker.” However, contrary to the national laws of the Member States, there is no definition or explanation of this concept. National laws of Member States provide different definitions of the term “worker” or “employee” which can lead to different levels of protection for workers under the national legislations of EU Member States. For this reason, the concept of “worker” for the purpose of EU social policy may not be interpreted differently according to the law of Member States but has an autonomous meaning specific to EU law.</p>
</abstract>

Social policy is one of the EU policies shared by the EU and the Member States. The aims of EU rules in the field of social policy include protection of the working conditions of workers, on the one hand, and prevention of social dumping between undertakings from different Member States on the other hand. The EU primary and secondary law relating to social policy uses the term “worker.” However, contrary to the national laws of the Member States, there is no definition or explanation of this concept. National laws of Member States provide different definitions of the term “worker” or “employee” which can lead to different levels of protection for workers under the national legislations of EU Member States. For this reason, the concept of “worker” for the purpose of EU social policy may not be interpreted differently according to the law of Member States but has an autonomous meaning specific to EU law.

The Notion of “Worker” for the Purpose of EU Social Policy and its Interpretation by the Court of Justice of the European Union

Białostockie Studia Prawnicze

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Social policy is one of the EU policies shared by the EU and the Member States. The aims of EU rules in the field of social policy include protection of the...

The Notion of “Worker” for the Purpose of EU Social Policy and its Interpretation by the Court of Justice of the European Union

Publicado en línea: 20 jul 2021

Páginas: 51 - 60

Recibido: 01 ago 2020

Aceptado: 10 sept 2020

DOI: https://doi.org/10.15290/bsp.2021.26.02.02

Palabras clave
EU social policy, free movement of workers, interpretation, national law, worker

© 2021 Jana Komendová et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

The Notion of “Worker” for the Purpose of EU Social Policy and its Interpretation by the Court of Justice of the European Union

Publicado en línea: 20 jul 2021

Páginas: 51 - 60

Recibido: 01 ago 2020

Aceptado: 10 sept 2020

DOI: https://doi.org/10.15290/bsp.2021.26.02.02

Palabras claveEU social policy, free movement of workers, interpretation, national law, worker

© 2021 Jana Komendová et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Palabras clave
EU social policy, free movement of workers, interpretation, national law, worker