Right to Reside and retaining worker status

EEA workers, the self-employed and retaining statusMartin Williams 03/09/2010

www.cpag.org.uk

Outline •

who is a worker or self employed person for the purposes of the Directive

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situations where persons who are no longer workers or self employed may retain those statuses.

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a brief look at some specific issues for A8 nationals.

Who is a worker? •

Worker” is a community concept - Raulin

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A worker is someone in an employment relationship. Raulin

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An employment relationship is one where a person: − provides services − under the direction of another person − in return for remuneration (Lawrie-Blum)

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Work must entail “effective and genuine activities”, as opposed to activities that are “marginal and ancillary” Levin

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No minimum number of hours. Look at: hours, pay, duration, conditions etc.

Who is self employed? •

Self employment exists if a person: − provides services − in return for remuneration − not under the direction of another person (Jany)

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Must still be effective and genuine

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Taking steps to establish oneself as self employed counts- R(IS)6/00 / CIS/3217/2007

Stopping being a worker / self employed •

Worker status ends when employment relationship ends => Someone is still a worker when on: − Sick leave (even unpaid) − Maternity leave (even unpaid)

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Self employed status continues: − During a period of no work due to maternity − During “dry periods” dependent on the facts

Retaining worker status WORKER WHO STOPS WORK RETAINS STATUS IF

TEMPORARILY INCAPABLE OF WORK DUE TO ILLNESS OR ACCIDENT EMPLOYED MORE THAN ONE YEAR: INVOLUNTARILY UNEMPLOYED AND REGISTERED WITH JOBCENTRE FOR SIX MONTHS INVOLUNTARILY UNEMPLOYMENT PROVIDED REGISTERED WITH JOBCENTRE