Euroopan unionin oikeuden työntekijäkäsitteen laajeneva tulkinta
Avainsanat:
työoikeus, EU-oikeus, työsuhde, henkilöiden vapaa liikkuvuus, Euroopan unionin tuomioistuinAbstrakti
The broadening interpretation of ‘worker’ in the European Union
Interpretation of the definitions of ‘worker’ in Article 45 TFEU (Treaty on the Functioning of the European Union) and in directives should be two separate undertakings. In recent years, the Court of Justice of the European Union (CJEU) has nevertheless TFEU should be taken into account also when interpreting certain directives in the area of labour law.
The article examines on a general level what the possible broadening of the EU concept of a worker will in fact mean and how it might affect the national legislation in the Member States and the interpretation of the concept of ‘worker’. The particular example used in assessing the impacts is Finland, where the essential features of an employment relationship are laid down in the Employment Contracts Act. The features set out in the Act, and thereby the definition of the status of ‘worker’, also affect the scope of application of other labour laws, such as the Acts on working hours, annual holidays and occupational safety. These laws make reference to the definition laid down in the Employment Contracts Act. The definition in the Act thus has crucial importance for the scope of labour legislation in Finland as a whole.
If the CJEU interprets the definition of ‘worker’ in a directive in a manner analogous to that of the term in Article 45 TFEU, this may affect the content of any concepts of employment relationship and worker that have been defined nationally. This would seem to mean that the ‘worker’ who is protected by directives has a Union meaning. If this is truly the case, how should the matter be addressed nationally and how does this affect labour law in Finland, for example? One might also ask whether the interpretation of Article 45 TFEU exerts an influence in matters where it should not. Do directives still leave the national legislative measures of Member States the freedom they should have if the objects of the protection intended in the directives must always be interpreted in accordance with the Union concept of ‘worker’?
