workers status flow chart

is x an eu national? do they have a job already or are they looking for work?

Yes= then article 45, 21 nd 18 will all apply and the right f movement is capable of direct effect

rayer 1976= job seekers can also move to look for new work

is x a worker?

• someone must undertake ‘genuine and effective’ work levin 1982

• for a certain period of time, a person performs under the discretion of another, in return for remuneration- 3 step lawrie Blum 1986 criteria

• ie you work as directed by someone, for as long as you are told to and you get paid

how many hours does x work?

ratlin 1992: uncertainty over the number of hours to be worked did not prevent the establishment of a worker relationship, even a zero hours contract can make you a worker

how (much) does x get paid?

kempf 1986: being paid below a level that is sufficient to live in will not prevent worker status being established

steymann 1988: being paid something other than money ie accommodation is still payment. so payment in kind counts

has x faced some kind of infringement of the right to work/been discriminated against

reyners 1974: equal treatment with nationals is a fundamental value in the eu

defrenne 1976: discrimination on other grounds such as sex is prohibited

does the job fall under the public sector exemption/require some specific loyalty bond with the state

article 45 (4): public sector employment is exempted from the general scope of protection

public service is also a community concept, and applied in a limited way (solgui)

public service requires powers to be conferred under public law with duties designed to safeguard the state (haralambidis 2014)

are x’s qualifications recognised

duty of mutual recognition concerning qualifications: if qualified in state 1 that should be recognised in state 2 (reyners)

can x take a third country national spouse abroad with him/her

yes x can: metock,mrax,akrich

brexit has complicated things for uk nationals