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CJEU rules no need for fixed term contract to retain worker status after work of less than a year

Stuart
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CJEU confirms - in a preliminary ruling Tarola C-483/17 (following reference from the Court of Appeal (Ireland)) - that a worker can retain worker status after working for less than a year (15 days in this case) irrespective of the nature of contract (fixed-term, permanent or other form of contract) -

‘Article 7(1)(a) and (3)(c) of Directive 2004/38 of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States … must be interpreted as meaning that a national of a Member State who has been employed in another Member State for a period of two weeks, otherwise than as a fixed-term worker, and who then becomes involuntarily unemployed, retains the status of worker within the meaning of those provisions.’

 

Stuart
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rightsnet editor

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Total Posts: 890

Joined: 21 March 2016

CJEU has issued its ruling in Tarola (Case C-483/17) confirming that six-month retention of worker status can apply to all types of work situation -

Article 7(1)(a) and (3)(c) of Directive 2004/38/EC … must be interpreted as meaning that a national of a Member State who, having exercised his right to free movement, acquired, in another Member State, the status of worker within the meaning of Article 7(1)(a) of that directive, on account of the activity he pursued there for a period of two weeks, otherwise than under a fixed-term employment contract, before becoming involuntarily unemployed, retains the status of worker for a further period of no less than six months under those provisions, provided that he has registered as a jobseeker with the relevant employment office.