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Review Your SQE 1 Practice Records

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An EU citizen is living in an EU state of which he is not a citizen. He is working part-time for a charity, in order to gain practical experience he needs to complete a qualification as a social worker. He receives free accommodation and meals and a cash allowance. He also receives financial assistance from a charitable foundation. The total value of the financial assistance, accommodation, meals and cash allowance is below the national minimum wage for the EU state where he is working. 

Which of the following statements best describes the legal position in relation to this person’s status as a 'worker' for EU law purposes?

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Under EU law, a 'worker' is defined as a person who performs services for and under the direction of another person in return for which he receives remuneration. The work must be effective and genuine, not on such a small scale as to be regarded as purely marginal and ancillary. The fact that the EU citizen is doing work of economic value, even if the remuneration is below the national minimum wage, qualifies him as a worker under EU law. 

Key Point: The definition of a 'worker' under EU law focuses on the economic value of the work performed, not the level of remuneration. As long as the work is effective and genuine, the individual is considered a worker.

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