Martin Ferris
Question:101. Deputy Martin Ferris asked the Minister for Social Protection if she will state the EU's definition of a migrant worker. [25014/13]
View answerThursday, 23 May 2013
Questions (101)
Written answers
There is no legal definition of a migrant worker in EU law relating to the coordination of social security schemes. However, any national of a Member State has, irrespective of their place of residence, the right to take up an activity as an employed person, and to pursue such activity, within the territory of another Member State in accordance with the provisions laid down by law, regulation or administrative action governing the employment of nationals of that State. This is subject to some transitional arrangements for new EU States.
The Court of Justice of the EU has defined a worker as a person who pursues an activity which is effective and genuine, with the exclusion of activities on such a small scale as to be regarded as purely marginal and ancillary. The essential characteristic of the employment relationship is that for a certain period of time a person performs services for and under the direction of another person in return for which he/she receives remuneration.
Separately to the EU provisions, the Council of Europe, in the European Convention on the Legal Status of Migrant Workers defines a migrant worker as “a national of a contracting party who has been authorised by another contracting party to reside in its territory in order to take up paid employment”.