Jurisdiction(s):
European Union

Key definition

Workers definition

What does Workers mean? In practice, workers are individuals who personally perform work or services for another and are not genuinely in business on their own account; the term covers employees and non‑employees such as agency, casual and platform workers. In Great Britain, “worker” is a statutory category of employment status (ERA 1996 s.230(3); Working Time Regulations 1998) comprising employees and “limb (b)” workers. Case law (Autoclenz; Uber v Aslam) looks to the reality of the relationship and personal service, excluding those serving clients or customers of their own business. Worker status usually brings core protections (National Minimum Wage, paid holiday, whistleblowing, unlawful deduction of wages,...

EU free movement: extended residence for workers, self-employed persons and jobseekers; genuine and effective activity, retention of status on cessation, and temporary service provision

Published by a LexisNexis EU Law expert

Practice notes

EU nationals who are in paid employment, carrying on self-employed work, and, in some cases, seeking work, are entitled under EU law to remain in the host Member State for longer than three months. This Practice Note explores EU citizens’ residence rights after the first three months when they rely on status as Workers, self-employed individuals and jobseekers. Throughout this Practice Note, the expression ‘EU citizens’ denotes nationals of EU Member States. Individuals from the European Economic Area (Norway, Iceland and Lichtenstein and the other 27 EU Member States) equally derive rights from EU free movement law, under Directive 2004/38/EC, the Citizens’ Directive. Therefore, references in this Practice Note to EU citizens should be understood to include EEA nationals.

Workers

What activities constitute employed work?

Neither Article 45 of the Treaty on the Functioning of the European Union (TFEU), the Citizens’ Directive, nor Council Regulation (EU) 492/2011 on the free movement of workers within the EU (which superseded and Codified Regulation (EEC) 1612/68) contains a definition of ‘worker’. The notion must be interpreted broadly, and the evolution of that concept is not precluded beyond the...

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Web page updated on 21/05/2026

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