Intended amendments to European Social Security Regulation
Recently, the European Social Affairs Ministers have reached an agreement on amendments to European Social Security Regulation 883/2004.
29 november 2017
Social Security Regulation
Amendments to EU Regulation 883/2004 had been announced as early as December 2016. The amendments specifically regard stricter rules for posted employees, for unemployment benefits for frontier workers and for economically inactive persons. The original proposal has undergone some remarkable changes in terms of posting employees to another EU Member State.
A major amendment is the requirement for employees to have had insurance for at least three months in the sending Member State before the start of the posting. The posting provision cannot be invoked if the employee involved has had insurance for less than three months. Right now this is still only one month.
Likewise, it is proposed to prohibit employees from working in the same EU member state for a period of at least 2 months subsequent to a two-year posting, before they can once again invoke the posting provision.
Finally, persons working in multiple EU Member States but residing outside of the European Union can invoke the Regulation, too. If so, for purposes of determining the applicable legislation these persons are assumed to reside in the Member State where they perform most of their work (during working hours).
The amendments will now be presented to the European Parliament for approval, so it may still take some time before they become effective. We will keep you up to speed on any further developments.
File 2016/0397 (COD) of the Council of the European Union, 26 October 2017, first revision