We assess whether your parent is or has been a worker in the same way as we assess whether a person can be considered a worker in Denmark according to EU law.
According to jurisprudence of the Court of Justice of the European Union, the decisive point of whether a person may be considered a worker under EU law is that, for a certain period of time, the person performs services for and under the direction of another person in return for which s/he receives remuneration (salary). At the same time, it is crucial that the employment is genuine and effective and not what EU law refers to as marginal and ancillary.
As a general rule, we expect that your parent works a minimum of 10 – 12 hours a week. Since the decisive point according to case law of the Court of Justice of the European Union is that the employment has lasted for a certain period of time, we also expect that your parent, as a starting point, has employment to this extent every week for a continuous period of 10 weeks.
In our assessment we also include criteria such as whether your parent is entitled to paid holiday, remuneration during illness, the duration of the employment relationship and whether a collective agreement applies to the employment. Furthermore, in our assessment we also put emphasis on whether your parent has a gross income of a certain size every month. The general price and wage development in Denmark means that wages are continuously increasing. We take this into account when assessing whether your parent may be considered a worker under EU law.