EU Social Security Rules: Employee Rights When Working Across the European Union

This article aims to provide readers with clear information on their rights and obligations in the field of Social Security, in situations where the social security systems of other European Union Member States come into play.

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This may arise, for example, when working professionally abroad, when taking up residence in another EU country, or simply during a temporary stay in another Member State.

Who is covered by these rules?
The following persons are protected by EU regulations, provided they are nationals of a European Union or European Economic Area Member State (with the exception of Switzerland):     · Employed and self-employed workers who are or have been insured in one of those States.
     · Civil servants.
     · Students.
     · Pensioners, including those who already held that status when their country joined the European Union or the European Economic Area.
     · Family members and survivors of the persons listed above, regardless of their nationality.

In which countries do these rules apply?

The regulations apply in all countries belonging to the European Union or the European Economic Area, namely:

What areas does it cover?
EU Social Security regulations apply to the entirety of national legislation with regard to:
     · sickness and maternity,
     · work-related accidents,
     · occupational diseases,
     · invalidity benefits,
     · old-age pensions,
     · survivors' benefits,
     · death grants,
     · unemployment benefits, and
     · family benefits,

which means that EU regulations will apply in all cases where it is necessary to establish entitlement to a benefit.

What does EU Social Security legislation cover?
The relevant regulations establish common rules and principles that must be observed by all authorities, Social Security institutions and courts in each country when applying national law. In doing so, they ensure that the application of different national laws will not adversely affect those who exercise their right to move and reside within the European Union and the European Economic Area.

In simple terms, a person who has exercised their right to move and reside abroad cannot be placed at a disadvantage compared with someone who has always lived and worked in a single Member State.

In which country are you insured?
Before taking up employment or self-employment abroad, it is important to know in which country you will be insured, in other words, which national Social Security legislation will apply to you. This is crucial not only for the payment of Social Security contributions, but also for your entitlement to benefits and the accrual of future pension rights. EU Social Security legislation sets out detailed rules that determine, on a case-by-case basis, which national law applies. The basic principles are straightforward and are explained below:
     A) You are subject to the legislation of one Member State only.
This principle applies to all employed and self-employed workers covered by EU law, regardless of the number of countries in which they carry out a professional activity.

There is one minor exception to this basic principle: a person who is simultaneously employed in one Member State and self-employed in another may, in exceptional circumstances, be insured in both countries.

     B) You are insured in the country where you carry out your professional activity.
Both employed and self-employed workers are insured in the country where they carry out their professional activity, even if they reside in another country or their company or employer is based in a different Member State.

In other words, if someone stops working in one EU member state and takes up employment in another, they will become subject to the legislation of the 'new' country of employment. As a result, they will cease to accumulate entitlements in the 'old' country and will begin building rights in the 'new' one.

     C) Temporary exception: posting abroad.
A company may decide to temporarily post an employee to another country. If the period of work abroad does not exceed 12 months, the applicable legislation will not change. This means that the worker will remain insured under the legislation of the 'old' country, even while working in the 'new' one.

Before travelling to the destination country, the worker must obtain a document known as form E 101, which certifies that they continue to be covered by the legislation of their country of origin.

If the period of posting abroad extends beyond 12 months due to unforeseen circumstances, an extension of up to a further 12 months may be requested, in which case the relevant document to obtain is form E 102. The rules on postings apply not only to employed workers but also to self-employed workers who work temporarily in another country.

What are the rights and obligations in the country where you are insured?
As a general rule, under the Social Security legislation of the country in which you are insured, you have the same rights and obligations as nationals of that country. This means, in particular, that a benefit claim cannot be refused solely on the grounds that you are not a citizen of the country in which you are applying, the principle of equal treatment always applies.

Impact of the rules on students and tourists.

     A) Students pursuing studies in another member state:
A growing number of young people choose to complete part or all of their studies in another country. Among the issues they most commonly encounter, access to healthcare and sickness benefits stands out as a particular concern.

EU Social Security rules offer practical solutions for this category of people:
     · Students who are resident in the country where they are studying and who are insured in their country of origin are entitled to all benefits in kind provided for under the legislation of that country. To access these, they need form E 109, which will be issued by the institution to which they or their parents are affiliated.
     · Students who are temporarily present in the country where they are studying are entitled to healthcare benefits in kind. For this purpose, form E 128 has been introduced, which gives students access to broader healthcare coverage than that provided by form E 111.

     B) Tourists:
Every year, millions of tourists travel across Europe to spend their holidays abroad. In the event of illness or accident, they need access to healthcare and sickness benefits in the country where they are staying. If you are subject to EU Social Security regulations, you are entitled to all immediately necessary healthcare benefits in your country of stay, under the same conditions as all residents of that country. To access these benefits, you must apply for Form E 111 before departing on holiday. In the event of an accident or illness, you will need to present this form to the relevant insurer in the country where you are staying.