Abstract
This research examines the limits of free movement through the experience of EU national atypical workers. The potential for exclusion within the EU concept of economic activity is scrutinised against the backdrop of the changing labour market. Where wages do not guarantee the minimum means of subsistence, and where precarity in work creates a higher risk of reliance upon welfare systems, exclusion from those national welfare systems could present a significant barrier to free movement.
Case studies from EU nationals in atypical work and applying for welfare benefits in the UK reveal the shortfalls in the EU definition of work and how it can allow Member States to exclude many atypical workers. This has a disproportionate impact on already disadvantaged demographics such as disabled workers, carers and lone parents.
Ultimately, it is argued that the exclusion of atypical workers entrenches inequality and ignores economic contribution to a host Member State. It therefore falls short of the promise of a free movement which protects market actors. Atypical workers’ experience of free movement might more closely echo the model of an individual membership, subject to exclusionary subscription and etiquette requirements.
Speaker
Alice Welsh is Lecturer in Law at the University of York. Her research focuses on free movement rights of workers.