The Different Rights of a ‘Worker’: A Comparative View

The academic debate on the protection of vulnerable persons performing work is often driven by the idea that a person’s status in labour law determines the rights they are entitled to. This approach overlooks the fact that the personal scope of labour rights is heterogeneous across EU Member States, with different groups enjoying the right to equal treatment, protection against unfair dismissal or the right to a minimum wage. The status of employee or worker does not necessarily confer a wide range of rights. This short article provides an overview of the different systems in terms of the consequences of this status. While highlighting this diversity in the personal scope of workers’ rights, it is argued that regulations that focus less on the relationship between the employer and the worker, and more on the impact of a regime on the public, provide more appropriate protection for persons who do not fit into the traditional employment relationship. Platform Worker, Definition of Worker, Personal Scope of Labour Rights, Labour Regulation Models