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STEP 2 (cont.): Is the individual a 'worker' within the scope of Art. 45 TFEU? (Discuss 'other workers')

User Kuffel
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Final answer:

Article 45 TFEU defines a 'worker' as anyone who performs services for remuneration under the direction of another, which includes a broad range of employment situations. 'Other workers' can include part-time or temporary workers and even those in low-skilled, low-paying jobs can be considered 'workers' under EU law if the work is genuine and effective. Unemployed factory workers may still be recognized as 'workers' if they engage in alternative employment, despite challenges in (re)training and finding similar jobs.

Step-by-step explanation:

According to Article 45 of the Treaty on the Functioning of the European Union (TFEU), a 'worker' refers to any person who performs services for and under the direction of another in exchange for remuneration.

To understand if the individual is a 'worker' within the scope of Art. 45 TFEU, one must consider whether the individual engages in genuine and effective work that is not on such a small scale as to be regarded as purely marginal and ancillary.

Other workers typically refer to individuals whose employment conditions do not conform to standard full-time or long-term contracts, such as part-time, temporary, or gig economy workers.

The concept of worker under EU law is broad, and it focuses on the work performed, rather than the formal classification of the employment relationship.

This means that even individuals employed in low-skilled, low-paying jobs or those who are undergoing (re)training after losing their jobs may still fall within the definition of 'worker' under Art. 45 TFEU as long as their work is genuine and effective.

The case of unemployed workers, as referenced in the context of factory workers and their industry-specific skills, underscores the challenges they face in the labor market and their potential status as 'workers' if they take on alternative employment.

User Ericg
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