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AFMB Ltd v Raad van bestuur van de Sociale verzekeringsbank: ECJ 16 Jul 2020

(Grand Chamber) Reference for a preliminary ruling – Migrant workers – Social security – Legislation applicable – Regulation (EEC) No 1408/71 – Article 14(2)(a) – Concept of ‘person who is a member of the travelling personnel of an undertaking’ – Regulation (EC) No 883/2004 – Article 13(1)(b) – Concept of ’employer’ – Long-distance lorry drivers normally employed in one or more Member States or States of the European Free Trade Association (EFTA) – Long-distance lorry drivers who have entered into an employment contract with one undertaking but are in fact subject to the authority of another undertaking established in the Member State where those drivers reside – Determination of which undertaking is the ’employer’

Citations:

ECLI:EU:C:2020:565, [2020] EUECJ C-610/18, [2020] WLR(D) 417, [2020] ICR 1432

Links:

Bailii, WLRD

Jurisdiction:

European

Cited by:

CitedUber Bv and Others v Aslam and Others SC 19-Feb-2021
Smartphone App Contractors did so as Workers
The court was asked whether the employment tribunal was entitled to find that drivers whose work was arranged through Uber’s smartphone application work for Uber under workers’ contracts and so qualify for the national minimum wage, paid annual . .
Lists of cited by and citing cases may be incomplete.

Employment, Benefits

Updated: 13 August 2022; Ref: scu.658680

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