EMPLOYER IS GOVERNED BY A CONTRACT SUBJECT TO PRIVATE LAW AND NOT PERSONS WHOSE EMPLOYMENT RELATIONSHIP IS SUBJECT TO PUBLIC LAW . THE PERIOD OF PREPARATORY SERVICE SHOULD BE REGARDED AS THE LAST STAGE OF THE PROFESSIONAL TRAINING OF FUTURE TEACHERS .
14 THE UNITED KINGDOM CONSIDERS THAT A DISTINCTION BETWEEN STUDENTS AND WORKERS MUST BE MADE ON THE BASIS OF OBJECTIVE CRITERIA AND THAT THE TERM ' WORKER ' IN ARTICLE 48 MUST BE GIVEN A COMMUNITY DEFINITION . OBJECTIVELY DEFINED , A ' WORKER ' IS A PERSON WHO IS OBLIGED TO PROVIDE SERVICES TO ANOTHER IN RETURN FOR MONETARY REWARD AND WHO IS SUBJECT TO THE DIRECTION OR CONTROL OF THE OTHER PERSON AS REGARDS THE WAY IN WHICH THE WORK IS DONE . IN THE PRESENT CASE , ACCOUNT MUST BE TAKEN OF THE FACT THAT A TRAINEE TEACHER IS REQUIRED , AT LEAST TOWARDS THE END OF THE PERIOD OF PREPARATORY SERVICE , TO CONDUCT LESSONS AND THEREFORE PROVIDES AN ECO NOMICALLY VALUABLE SERVICE FOR WHICH HE RECEIVES REMUNERATION WHICH IS BASED ON THE STARTING SALARY OF A DULY APPOINTED TEACHER .
15 THE COMMISSION TAKES THE VIEW THAT THE CRITERION FOR THE APPLICATION OF ARTICLE 48 IS THE EXISTENCE OF AN EMPLOYMENT RELATIONSHIP , REGARDLESS OF THE LEGAL NATURE OF THAT RELATIONSHIP AND ITS PURPOSE . THE FACT THAT THE PERIOD OF PREPARATORY SERVICE IS A COMPULSORY STAGE IN THE PREPARATION FOR THE PRACTICE OF A PROFESSION AND THAT IT IS SPENT IN THE PUBLIC SERVICE IS IRRELEVANT IF THE OBJECTIVE CRITERIA FOR DEFINING THE TERM ' WORKER ' , NAMELY THE EXISTENCE OF A RELATIONSHIP OF SUBORDINATION VIS-A-VIS THE EMPLOYER , IRRESPECTIVE OF THE NATURE OF THAT RELATIONSHIP , THE ACTUAL PROVISION OF SERVICES AND THE PAYMENT OF REMUNERATION , ARE SATISFIED .
16 SINCE FREEDOM OF MOVEMENT FOR WORKERS CONSTITUTES ONE OF THE FUNDAMENTAL PRINCIPLES OF THE COMMUNITY , THE TERM ' WORKER ' IN ARTICLE 48 MAY NOT BE INTERPRETED DIFFERENTLY ACCORDING TO THE LAW OF EACH MEMBER STATE BUT HAS A COMMUNITY MEANING . SINCE IT DEFINES THE SCOPE OF THAT FUNDAMENTAL FREEDOM , THE COMMUNITY CONCEPT OF A ' WORKER ' MUST BE INTERPRETED BROADLY ( JUDGMENT OF 23 MARCH 1982 IN CASE 53/81 LEVIN V STAATSSECRETARIS VAN JUSTITIE ( 1982 ) ECR 1035 ).
17 THAT CONCEPT MUST BE DEFINED IN ACCORDANCE WITH OBJECTIVE CRITERIA WHICH DISTINGUISH THE EMPLOYMENT RELATIONSHIP BY REFERENCE TO THE RIGHTS AND DUTIES OF THE PERSONS CONCERNED . THE ESSENTIAL FEATURE OF AN EMPLOYMENT RELATIONSHIP , HOWEVER , IS THAT FOR A CERTAIN PERIOD OF TIME A PERSON PERFORMS SERVICES FOR AND UNDER THE DIRECTION OF ANOTHER PERSON IN RETURN FOR WHICH HE RECEIVES REMUNERATION .
18 IN THE PRESENT CASE , IT IS CLEAR THAT DURING THE ENTIRE PERIOD OF PREPARATORY SERVICE THE TRAINEE TEACHER IS UNDER THE DIRECTION AND SUPERVISION OF THE SCHOOL TO WHICH HE IS ASSIGNED . IT IS THE SCHOOL THAT DETERMINES THE SERVICES TO BE PERFORMED BY HIM