Avalid legislative instrument to make a distinction between the exercise of the carrier activity within an employment relationship and the exercise of this activity as an independent driver. Preliminary questions addressed The notion of mobile worker provided for in art. letter d of Directive must be interpreted in the sense that it is opposed to a national legal norm such as art. para. letter g of the Workers Statute which states that persons who provide transport services on the basis of administrative authorizations issued in their name carried out with ... vehicles ... under their ownership cannot be considered mobile workers them or over which they have a direct.
power of disposition Art. letter e the second paragraph of Directive must Country Email List be interpreted in the sense that if any of the criteria provided for a worker to be qualified as an independent driver are not met is it to be considered a mobile worker The Courts decision de lo Social n de Barcelona Labor Disputes Court of Barcelona Spain is inadmissible. In this case the referring court asks the Court to rule on the interpretation of Directive without having established that a situation such as the one under discussion in the main litigation falls within the scope of this directive consequently the notions provided for in art.
Letters d and e of this directive cannot be applied in this litigation. Therefore it must be stated that the questions that are the subject of the request for a preliminary ruling formulated by the Juzgado de lo Social n de Barcelona Barcelona Labor Disputes Court are inadmissible. Source EURLEX Leave a reply Your email address will not be published. Mandatory fields are marked with Comment Name Email Site web Save my name email and website in this browser for the next time I comment. Recommended articles pexels
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