Definition of a worker

Question 1

Walrave & Koch

Answer 1

to be a worker, a person must be engaged in economic activity having the character of gainful employment

Question 2

Lawrie & Blum

Answer 2

3 criteria for an employment relationship to arise

1) the individual must perform services
2) for and under the direction of another
3) In return for remuneration

British national training in Germany to be a teacher but refused because she was not German. ECJ held that training is an employment relationship as she received remuneration for her training

Question 3

Levin

Answer 3

Article 45 TFEU only covers work that are effective and genuine, but not marginal or ancillary

Chambermaid

Question 4

Kempf

Answer 4

Article 45 covers part time employment provided that the work is nether nominal or ancillary (even if the remuneration the person receives is below the level of the minimum means of subsistence and because he seeks to supplement it by other lawful means)

German music teacher who provided 12 hours of music to a school - held to be a genuine worker even though the wage there was not enough to support him (relies on benefits)

Question 5

Bettray

Answer 5

Example of a person not engaging in genuine and effective activity. Drug addict employed on a scheme in the Netherlands to rehabilitate (was paid for it). Court held this was not a effective and genuine economic activity, as the primary purpose was a social one.

Question 6

Steymann

Answer 6

Concerned a German national living in the Netherlands. Did house hold activities and participated in community activities. The community gave him pocket money, food, accommodation. Court: this could be a genuine economic activity