Aktualni vidiki opredelitve delavca in ugotavljanja obstoja delovnega razmerja

slovenian

2025

volume 51, issue 6/7

case law   concept of an employee in EU law   Court of Justice of the European Union   employee   existence of an employment relationship   labour inspection

Narodna in univerzitetna knjižnica
(Obvezni izvod spletne publikacije)

The article discusses the concept of an employee and the problem of determining the elements of an employment relationship in changing circumstances in which work is performed. The development of the concept of an employee is primarily influenced by case law, which fills in the concept of the elements of an employment relationship or their indicators (primarily subordination, continuity, etc.). Due to the difficulties in proving the elements of an employment relationship in court and in identifying them by the labour inspectorate, it would be useful to introduce an appropriate presumption of the existence of an employment relationship and a proactive approach to preventing disguised employment relationships. In this regard, with regard to ensuring the rights resulting from the implementation of EU directives, the definition of the concept of a worker as derived from the case law of the Court of Justice of the European Union must also be taken into account. This is also discussed in the article.

08.12.2025