| Abstract [eng] |
This master thesis provides analysis differences of legal status of self-employed persons and non-self-employed persons in European Union and Lithuanian laws, the subject of significant legislation, different jurisdictions – Lithuanian, certain European countries and the European Union of the Court's interpretations. This topic is most revealed by comparing the concept of an employee in the European Union and Lithuanian laws, emphasizing the importance of separation of self-employed and non-self-employed persons and seeing assimilation of self-employed persons with the definition of the employee in the platforms work. The thesis analysis the criteria for the separation of an employee and self-employed person, unfolding in judicial practice. The importance of different legal status of employee and self-employed persons is disclosed through the application of the principle of free movement of employee and the application of different ways of remedies. The analysis of specific examples is seen as a problem of the platform work, when it is very problematic to separate between civil contractual self-employment from the false in which the employment relationship is hidden. Detailed Court of Justice of the European Union, Lithuanian and European judicial practice, laws are found criteria for the separation of an employee and self-employed persons, examples are provided when the European national courts secisions self-employed persons operating on platforms, equivalent to employee who have a platform related employment relationships. |
