Modification of Regulations (EC) n° 883/2004 and (EC) n° 987/2009 (applicable national social security regime)

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Date:
18 Jun 2012

<p>The modifications that will enter into force on 28 June 2012 will have an impact on the applicable national social security regime in the event of cross-border employment within the EEA and Switzerland. For existing situations, a transitional period (maximum ten years) is provided.</p>

The modifications that will enter into force on 28 June 2012 will have an impact on the applicable national social security regime in the event of cross-border employment within the EEA and Switzerland. For existing situations, a transitional period (maximum ten years) is provided.

Flight crew and cabin crew members

Flight crew and cabin crew members will be submitted to the national social security regime of their "home base" (location nominated by the operator to the crew member from where the crew member normally starts and ends a duty period, or a series of duty periods, and where, under normal conditions, the operator is not responsible for the accommodation of the crew member concerned).

Simultaneous employment in different Member States - in the service of more than one employer

The rules to determine the applicable national social security regime for employees who work in two or more Member States change. Under the new rules, employees who are employed by two or more employers which have their registered office in different Member States, will only be submitted to the national social security regime of the Member State of residence if they work there at least 25% (until now, this is only the case when the employee is employed by one employer in more than one Member State).

If the employee does not work 25% in the Member State of residence, she or he will only be submitted to the national social security regime of this state if she/he is employed by at least two employers who have their registered office in different Member States other than the Member State of residence. If only one (or more) employer(s) has/have his/their registered office in one other Member State other than the Member State of residence, the social security regime of this Member State, and not the Member State of residence will be applicable.

The rules applicable to employees who are employed by one employer in different Member States do not change. They are submitted to the national social security regime of the Member State of residence if they work there at least 25%; if not, the national social security regime of the Member State where the employer has his registered office will be applicable. It has now also been clarified that this rule also applies if the employee is employed in different Member States by more than one employer which have their registered offices in one Member State.