El concepto de persona trabajadora en el Derecho de la Unión Europea

Abstract

In the changing world of work, the emergence of new forms of employment, often falling in the grey zone between traditional employment and self-employment, calls for improved access to information on contractual links and the optimisation of working conditions for all workers, especially those in atypical employment. Technological and organisational changes demonstrate the growing need to broaden the scope of labour law to fulfil its purpose of protecting economically dependent self-employed workers and combating the proliferation of "false self-employment". The concept of a worker in European labour law deserves a critical analysis in the light of the case law patiently refined by the Court of Justice of the European Union. The definition, although nominally broad, suffers from many of the restrictions arising from the traditional binary division between employment and self-employment.