Social rights of EU mobile workers
Limitations through the concepts of ‘worker’ and ‘insured person’
Bibliographic Data
| ID | 21610907 |
|---|---|
| Authors | Éva Lukács Gellérné (Eötvös Loránd University (ELTE), Budapest, Hungary), Tamás Gyulavári (0000-0003-1358-786X, Pazmany Peter Catholic University, Budapest, Hungary, corresponding author) |
| Year | 2025 |
| Volume | 31 |
| Issue | 1 |
| Pages | 55-70 |
| Publication date | 2025-02-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Transfer European Review of Labour and Research (JOURNAL) |
| Journal identifiers | ISSN: 1024-2589 • E-ISSN: 1996-7284 |
| Publisher | SAGE Publications (PUBLISHER • US) |
| DOI | 10.1177/10242589251315852 |
| OpenAlex | W4407872300 |
| Language | EN |
| Citations received | 3 |
| References cited | 16 |
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
Business · Economic growth · Economics · Labour economics · Law and economics · Public economics · Employment and Welfare Studies · Labor Movements and Unions · Social Policy and Reform Studies · Social Work
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The Application of the Conflict Rules of the European Social Security Coordination to Telework During and After the Covid-19 Pandemic
The EU (non) co-ordination of minimum subsistence benefits
Revisiting the EU's new mobility regime
A division of labour? Labour market segmentation by region of origin
| Citations per year | 3 |
|---|---|
| Citation span | 2025 - 2025 (1) |
| Highly cited | No |