This article offers a critical analysis of the concept of ‘worker’ in European Labour Law as predominantly shaped by the CJEU on the basis of its jurisprudence in the area of free movement of workers. It suggests that, while nominally broad, this concept suffers from many of the strictures arising from the traditional binary divide between employment and self-employment on which it is essentially premised. Having analysed the residual fragmentation and legitimacy problems arising from a rather incomplete development of this area of EU law, the article advocates a broader concept of ‘worker’ shaped by reference to the fundamental rights language embraced by various regional and international labour and human rights mechanisms, including the Social Charter, the European Convention on Human Rights and the International Labour Organisation. The article concludes by identifying a number of possible reform options that may serve the purpose of establishing a suitably broad and autonomous concept of ‘worker’ for the purposes of EU labour law, and by offering a cursory analysis of some recent EU Pillar of Social Rights initiatives.

中文翻译：

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欧洲劳动法中的“工人”概念：碎片化、自主性和范围

本文对欧洲劳动法中的“工人”概念进行了批判性分析，该概念主要由欧洲法院基于其在工人自由流动领域的判例而形成。它表明，虽然名义上很宽泛，但这个概念受到许多限制，这些限制是由于它基本上以就业和自雇之间的传统二元划分而产生的。在分析了欧盟法律这一领域发展不完善所导致的剩余碎片化和合法性问题后，本文提倡通过参考各种区域和国际劳工和人权机制所拥护的基本权利语言而形成的更广泛的“工人”概念。 ，包括社会宪章、欧洲人权公约和国际劳工组织。