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Words: | Submitted: Mon Mar 08 2004
... of persons. The best starting point would be to actually define what a "worker" is; there is no set definition within any legislation so it has been left to the ECJ to decide the scope of "worker". There have been various cases to which a worker has been defined but in essence all of the decisions have concluded to the same thing, the ECJ pointed out that for a person to be classified as a worker there needs to be an "employment relationship" where a person "performs services for and under the direction of another...in return for remuneration"3. The only concern that I have is that with no set definition each member state has the opportunity to deem what they believe a worker to be which in turn will lead to fragmentation of the market. Thankfully the ECJ is aware of this and in all cases brought before them it will ...
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