Genuine and Effective?

[MelC]

I came across this:

Genuine and Effective Work
When considering what is genuine and effective work decision makers take into account the following factors

is the person working for someone?

is the person working in return for remuneration?

is the work of economic value to someone?

how many hours does the person work?

how often does the person work those hours?

for how long has the person worked?

is the person’s work regular or erratic?

has the person become voluntarily unemployed?

The fact that the person has claimed benefit should not be considered relevant when deciding whether the work is genuine and effective.

http://www.acsnavigator.co.uk/acsbenefi ... e_Work.htm
which as it mentions benefits would appear to apply to benefits decsions,
how much of this statement could be applied to Free Movement Genuine and Effective?

thoughts comments case law anyone?

[MSH]

http://ec.europa.eu/social/BlobServlet? ... &langId=en

This is the commission's guide to freedom of movement for workers.

From page 5:

"Genuine and effective work
The key criterion for deciding whether a person is a worker is the nature of the work itself.
The CJ has consistently held that a person must pursue an activity of economic value which is
effective and genuine, excluding activities on such a small scale as to be regarded as purely
marginal and accessory24. Short duration of employment, limited working hours or low
productivity25 cannot prevent an EU citizen from being considered an EU migrant worker. All
circumstances of the case relating to the nature of the activities concerned and the
employment relationship should be taken into consideration26.
Part-time workers27, trainees28 and au pairs29 fall within the EU definition if their activity is
effective and genuine. In the case of short-term training, the number of hours needed to
familiarise oneself with a task30 and a gradual increase in remuneration during training may
be an indication that the work performed is of growing economic value to the employer31. No
account should be taken of the short-term nature of the employment in relation to the total
duration of residence by the person concerned in the host Member State32.
Part-time work must not be the person’s principal activity. A person undertaking another
activity at the same time (e.g. studies or self-employment) can rely on his EU status as a
worker, even if the second activity is performed in another Member State33."

[MelC]

Thanks!

the info is greatly appreciated, and very useful to me!