Social rights of EU mobile workers: limitations through the concepts of ‘worker’ and ‘insured person’

This article examines limitations on the social rights of mobile EU workers in EU law through the national definitions of ‘worker’ and ‘socially insured’ person. It analyses EU laws and judgments of the CJEU and provides a comparative analysis of the core elements of the concept of ‘worker’ and ‘insured person’ in national laws and potential advantages for mobile EU workers of their broad interpretation. We argue that the present narrowly interpreted terms overwhelmingly put mobile EU workers at a disadvantage, which might lead to indirect discrimination and non-compliance with the principle of proportionality, which are prohibited in EU law with regard to free movement. Mobile EU workers are hindered in becoming ‘workers’ and ‘insured persons’, but targeted collection and processing of statistical data could help them to assert their rights and to enjoy social entitlements, and to avoid being pressurised to accept poor wages and working conditions.

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Publication Details

Journal
Transfer European Review of Labour and Research
Published
2025-02-01
DOI
https://doi.org/10.1177/10242589251315852
Citations
2
Primary Topic
Employment and Welfare Studies
Type
article
Field-Weighted Citation Impact
5.63
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article

Social rights of EU mobile workers: limitations through the concepts of ‘worker’ and ‘insured person’

Tamás Gyulavári, Éva Lukács Gellérné
2 citations
Transfer European Review of Labour and Research
Employment and Welfare Studies
5.63
article

Social rights of EU mobile workers: limitations through the concepts of ‘worker’ and ‘insured person’

Tamás Gyulavári, Éva Lukács Gellérné
article en
2 citations

Abstract

This article examines limitations on the social rights of mobile EU workers in EU law through the national definitions of ‘worker’ and ‘socially insured’ person. It analyses EU laws and judgments of the CJEU and provides a comparative analysis of the core elements of the concept of ‘worker’ and ‘insured person’ in national laws and potential advantages for mobile EU workers of their broad interpretation. We argue that the present narrowly interpreted terms overwhelmingly put mobile EU workers at a disadvantage, which might lead to indirect discrimination and non-compliance with the principle of proportionality, which are prohibited in EU law with regard to free movement. Mobile EU workers are hindered in becoming ‘workers’ and ‘insured persons’, but targeted collection and processing of statistical data could help them to assert their rights and to enjoy social entitlements, and to avoid being pressurised to accept poor wages and working conditions.

Transfer European Review of Labour and ResearchVol. 31(1)
Eötvös Loránd University (HU), Pázmány Péter Catholic University (HU)
Openalex Percentile: Top 6%
Employment and Welfare Studies
5.63
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