Employee-like worker: Competitive entrepreneur or submissive employee? Reflections on CJEU, C-413/13, FNV Kunsten Informatie

Grosheide, E.F.; Haar, B.P. ter; Laga, M.; Bellomo, S.; Gundt, N.; Miranda, Boto J.M.

It seems that the time of the employment contract as the standard legal device of employment is over and that a variety of employment relationships have emerged. Many forms raise questions and uncertainties about social protection. One of these forms are false or quasi self-employed workers. In the case of FNV KIEM the European Court of Justice (ECJ) ruled on this. In this contribution we assess to what extent the ruling of the ECJ has contributed to clarifying some of the qualification issues involved with these type of workers. Thereto, we describe how the case was raised in the Netherlands; we elaborate on the arguments raised in the subsequent national court decisions and the ECJ; we reflect on the notion of (false) self-employed from the perspective of the notion of undertaking/entrepreneur and that of employee in order to determine what the ECJ considers to be decisive requirements for each category; and we reflect on the meaning of the ruling of the ECJ in the FNV KIEM...Show moreIt seems that the time of the employment contract as the standard legal device of employment is over and that a variety of employment relationships have emerged. Many forms raise questions and uncertainties about social protection. One of these forms are false or quasi self-employed workers. In the case of FNV KIEM the European Court of Justice (ECJ) ruled on this. In this contribution we assess to what extent the ruling of the ECJ has contributed to clarifying some of the qualification issues involved with these type of workers. Thereto, we describe how the case was raised in the Netherlands; we elaborate on the arguments raised in the subsequent national court decisions and the ECJ; we reflect on the notion of (false) self-employed from the perspective of the notion of undertaking/entrepreneur and that of employee in order to determine what the ECJ considers to be decisive requirements for each category; and we reflect on the meaning of the ruling of the ECJ in the FNV KIEM case for the Netherlands.Show less

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Employee-like worker: Competitive entrepreneur or submissive employee? Reflections on CJEU, C-413/13, FNV Kunsten Informatie