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Parliamentary questions
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5 November 2019
Priority question for written answer
to the Commission
Rule 138
Eugen Jurzyca
 Answer in writing 
 Subject: Definition of 'employee' and 'dependent work'

Is it possible for a Member State not to have a definition of ‘dependent employment’ in its law? In other words, is it possible for an activity carried out on the basis of the seniority of the requester of that activity and the subordinacy of the person undertaking the activity, and which is carried out personally on the behalf of the requester, according to their instructions, in their name and in the time they have set, to be undertaken in a Member State by a self‑employed person, or can such an activity be undertaken only by an employee?

Would it be in line with EU law and case-law for a person – a professional footballer, secretary or factory worker, for example – to carry out an activity in a Member State as a self‑employed person if that person is in a subordinate relationship to the employer and carries out the activity according to the employer’s instructions, on their behalf and during the working hours they have specified?

Would it be in line with EU law and case-law for someone such as a secretary or factory worker to pursue an activity as a self-employed person in a Member State, if that person is not organisationally dependent on the employer and is paid only for the time actually spent on the activity – that is to say, if the employer specifies the hours to be worked, the number of people needed for the specific period and the skills or specialisation those persons should have, and a secretary or worker may – but does not have to – apply for that period?

Original language of question: SK
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