Which ECJ cases have supported LOW PAY for Treaty Rights

[Graham Weifang]

Hi all,

I have read the case Laurie Blum

6.2.1 Workers
6.2.1.1 “Worker” is defined in the Immigration (European Economic Area) Regulations 2006 as ‘within the meaning of Article 39 of the Treaty establishing the European Community’. This suggests that a worker is a person who is employed, actually or potentially, under a contract of employment and is not a self-employed person. The European Court of Justice, in Lawrie-Blum [1986] ECR 2121, stated that the essential point is that the person provides services during a given time for and under the direction of another in return for remuneration. The EEA national’s position within the organisation, the purpose of the work, the level of income it yields (including whether or not the person has to supplement his or her income by claiming social security benefits), and whether payment is in cash or in kind, are not relevant factors.


and was wondering if there are any newer ones, where a "workers" salary, remuneration, was at first said to be too low, then a court case, ruled that a workers remuneration, should not be taken into consideration.

GW

[Graham Weifang]

OK all, found it

6.2.1 Workers
6.2.1.1 “Worker” is defined in the Immigration (European Economic Area) Regulations 2006 as ‘within the meaning of Article 39 of the Treaty establishing the European Community’. This suggests that a worker is a person who is employed, actually or potentially, under a contract of employment and is not a self-employed person. The European Court of Justice, in Lawrie-Blum [1986] ECR 2121, stated that the essential point is that the person provides services during a given time for and under the direction of another in return for remuneration. The EEA national’s position within the organisation, the purpose of the work, the level of income it yields (including whether or not the person has to supplement his or her income by claiming social security benefits), and whether payment is in cash or in kind, are not relevant factors.


This text is contained in the UKBA website

http://www.bia.homeoffice.gov.uk/siteco ... dswissnats

Found on page 4

GW