TY - JOUR
TI - The Concept of “Worker” under the Principle of Free Movement of Workers and Its Implications for the Protection of Workers in the European Union
AU - Ludera-Ruszel, Agata
TI - The Concept of “Worker” under the Principle of Free Movement of Workers and Its Implications for the Protection of Workers in the European Union
AB - 
	The competence of the European Union in the field of labour law is limited to the support, complementation and coordination of the activities of the Member States in the exhaustive areas of labour law. The diversity of national definition of legal concepts used in EU challenges the harmonisation of national legal orders and their gradual convergence. The lack of consistency between Member States in respect of determination of who qualifies as a “worker” in national legal orders lead to the differences between Member States, as regards the application of the minimum standards to the same category of persons performing a paid job. This can undermine the objectives pursued by directives and may jeopardise their effectiveness. A uniform concept of “worker” has not yet been developed at the EU level. The starting point for any discussion about the concept of “worker” in EU law is the definition of “worker” provided for the principle of free movement of workers enshrined in Art. 45 of TFEU. Given the non-discriminatory purpose of the concept of worker under the principle of free movement of workers, this article is going to consider whether this concept has the potential for broader protection of workers in the EU.

	ASJC: 3308, JEL: K31 
VL - Volume 27 (2020)
IS - Tom 27 Zeszyt 3
PY - 2020
SN - 1429-9585
C1 - 2544-4654
SP - 167
EP - 174
DO - 10.4467/25444654SPP.20.016.12063
UR - https://ejournals.eu/czasopismo/szppips/artykul/the-concept-of-worker-under-the-principle-of-free-movement-of-workers-and-its-implications-for-the-protection-of-workers-in-the-european-union
KW - European Union
KW - free movement of workers
KW - primary European Union law
KW - secondary European Union law / pracownik
KW - Unia Europejska
KW - swobodny przepływ pracowników
KW - pierwotne prawo Unii Europejskiej
KW - wtórne prawo Unii Europejskiej