Lithuania’s Binary Worker Classification Vs. A Teleological Interpretation of the EU’s ‘Worker’ Concept by Germany and the UK
The article explores whether Lithuania’s concept of darbuotojas (employee) and its rigid binary classification of work relationships is challenged by an evolving European employment law landscape, shaped by a rise of unconventional work relationships that blur the lines between employees and self-em...
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| Format: | Article |
| Language: | English |
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Sciendo
2024-12-01
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| Series: | Baltic Journal of Law & Politics |
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| Online Access: | https://doi.org/10.2478/bjlp-2024-00019 |
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| author | Lauschke Hans |
| author_facet | Lauschke Hans |
| author_sort | Lauschke Hans |
| collection | DOAJ |
| description | The article explores whether Lithuania’s concept of darbuotojas (employee) and its rigid binary classification of work relationships is challenged by an evolving European employment law landscape, shaped by a rise of unconventional work relationships that blur the lines between employees and self-employed persons. This issue is examined in light of varying interpretations of the EU’s ‘worker’ concept(s) in the United Kingdom (UK) and Germany, where courts increasingly extend protections to individuals in atypical employment forms by broadly (re-)interpreting traditional terms. Additionally, their domestic systems recognize intermediate categories between employees and self-employed persons, such as arbeitnehmerähnliche Personen (employee-like persons) in Germany or the UK’s ‘limb (b) workers’, aiming to provide certain protection for a wider group of working individuals. These approaches influence both countries’ understanding of an autonomous EU ‘worker’ concept, particularly evident in connection with Council Directive 89/391/EEC, which introduced measures to enhance the safety and health of workers at work and was adopted more than 30 years ago. |
| format | Article |
| id | doaj-art-c1ef215b4c96418cbcdc8ba9b3568089 |
| institution | Kabale University |
| issn | 2029-0454 |
| language | English |
| publishDate | 2024-12-01 |
| publisher | Sciendo |
| record_format | Article |
| series | Baltic Journal of Law & Politics |
| spelling | doaj-art-c1ef215b4c96418cbcdc8ba9b35680892025-02-02T15:47:45ZengSciendoBaltic Journal of Law & Politics2029-04542024-12-0117214216710.2478/bjlp-2024-00019Lithuania’s Binary Worker Classification Vs. A Teleological Interpretation of the EU’s ‘Worker’ Concept by Germany and the UKLauschke Hans01PhD student Mykolas Romeris University, LithuaniaThe article explores whether Lithuania’s concept of darbuotojas (employee) and its rigid binary classification of work relationships is challenged by an evolving European employment law landscape, shaped by a rise of unconventional work relationships that blur the lines between employees and self-employed persons. This issue is examined in light of varying interpretations of the EU’s ‘worker’ concept(s) in the United Kingdom (UK) and Germany, where courts increasingly extend protections to individuals in atypical employment forms by broadly (re-)interpreting traditional terms. Additionally, their domestic systems recognize intermediate categories between employees and self-employed persons, such as arbeitnehmerähnliche Personen (employee-like persons) in Germany or the UK’s ‘limb (b) workers’, aiming to provide certain protection for a wider group of working individuals. These approaches influence both countries’ understanding of an autonomous EU ‘worker’ concept, particularly evident in connection with Council Directive 89/391/EEC, which introduced measures to enhance the safety and health of workers at work and was adopted more than 30 years ago.https://doi.org/10.2478/bjlp-2024-00019workeremployeeemployment contractemployee-like person |
| spellingShingle | Lauschke Hans Lithuania’s Binary Worker Classification Vs. A Teleological Interpretation of the EU’s ‘Worker’ Concept by Germany and the UK Baltic Journal of Law & Politics worker employee employment contract employee-like person |
| title | Lithuania’s Binary Worker Classification Vs. A Teleological Interpretation of the EU’s ‘Worker’ Concept by Germany and the UK |
| title_full | Lithuania’s Binary Worker Classification Vs. A Teleological Interpretation of the EU’s ‘Worker’ Concept by Germany and the UK |
| title_fullStr | Lithuania’s Binary Worker Classification Vs. A Teleological Interpretation of the EU’s ‘Worker’ Concept by Germany and the UK |
| title_full_unstemmed | Lithuania’s Binary Worker Classification Vs. A Teleological Interpretation of the EU’s ‘Worker’ Concept by Germany and the UK |
| title_short | Lithuania’s Binary Worker Classification Vs. A Teleological Interpretation of the EU’s ‘Worker’ Concept by Germany and the UK |
| title_sort | lithuania s binary worker classification vs a teleological interpretation of the eu s worker concept by germany and the uk |
| topic | worker employee employment contract employee-like person |
| url | https://doi.org/10.2478/bjlp-2024-00019 |
| work_keys_str_mv | AT lauschkehans lithuaniasbinaryworkerclassificationvsateleologicalinterpretationoftheeusworkerconceptbygermanyandtheuk |