Self employed persons (SEP) Slovak Republic Budapest

SEP in the Slovak Republic SEP for the purpose of social insurance:  performance of agricultural production, forest and water economy  carry on trade  performance of activity under special regulation (e.g. lawyers)  public commercial company partner, general partner of limited partnership  performance of gainful sport activity  performance as commercial agent Budapest

SEP in the Slovak Republic Status as of  SEP – compulsorily insured person against unemployment Change from  compulsorily insured person against unemployment – only employee  SEP is not under compulsory insurance against unemployment  possibility of voluntary insurance against unemployment (including SEP) Budapest

Voluntary insurance against unemployment  natural person after reaching 16 years of age with a permanent place of residence in the territory of the Slovak Republic, temporary residence permit or permanent residence permit Budapest

Art. 68 and art. 71 (b) (ii) Determination of unemployment benefit amount, if the period of unemployment was the period of self-employed activity.  Practice of the Slovak Republic Example 1 from to = SEP in the territory of SR – compulsory unemployment insurance from to = SEP in Czech Republic (ČR) - point 3.1 E form 301 performance of self employed activity in ČR is not considered to be the last employment for the purpose of art. 68, no wage nor assessment base is available unemployment benefit amount is determined from fixed amount stated by national legislation (resulting from a minimum wage) Budapest

Example 2 from to = SEP in the territory of the SR – compulsory unemployment insurance from to = employment in Austria from to = SEP in ČR (point 3.1 form E 301) unemployment benefit amount is determined from the last employment in Austria Unemployment benefit calculation:  Frontier worker  Other than frontier worker Budapest

 General provisions Head 1  Extension of personal range of regulation  Simplified definition SEP Art. 1 b) – "activity as a self-employed person" means any activity or equivalent situation treated as such for the purposes of the social security legislation of the Member State in which such activity or equivalent situation exists; Amendments – reg. 883/2004 – SEP Budapest

Chapter 6 Unemployment benefits Article 61 – aggregation of periods  extension of taking into account of period of self employment activity, if national legal regulations take into account periods of self employment Presumptive application in the Slovak Republic  take into account only periods of unemployment insurance  does not take into account self-employment itself, if not considered for period of unemployment insurance in the respective state Questions  Will it be necessary to update forms E 301?  Determine the way of filling in, in case self-employment will be considered the period of unemployment insurance Budapest

Article 62  extension of consideration of former income or salary also from performance of self-employment  extension of application par. 1 for a specific reference period, if applied by legal regulations of respective state Application  What kind of income should be presented, if the last gainful activity had been identified as the self- employment?  What could be explicitly specified under the concept of profession, if the subject of enterprise will be very extensive one? Should we mention only the predominant activity of SEP? Budapest

Transitional period for restriction on free movement of workers Slovak Republic does not apply labour market restriction Budapest

 England  does not apply the transitional period to new member states  there is applied so called „registration list“ for the states A8  Belgium  does not apply the transitional period to new member states (2 years, except Cyprus and Malta)  necessary work permit  Denmark  applies the transitional period to new member states  requires work permit and residence permit  after cessation of residence permit does not allow the person to enter and stay in labour market in Denmark and to be entitled to unemployment benefits and social assistance benefits in Denmark  Netherlands  applies the transitional period to new member states,  discussions on the situation, in which no export of benefits will be possible to Netherlands in the future Budapest

 Hungary, Poland, Slovenia  does not apply the transitional period to new member states, towards other member states proceeds pursuant to reciprocity  Germany  applies the transitional period to new member states (7 years)  execution of works is possible by virtue of BAA-permit obtained before entering the employment,  plans to implement the lengthening of transitional period  Norway  applies the transitional period to new member states  considers the opening of labour market Budapest

 Portugal  applies the transitional period to new member states  grants labour permit under the labour contract  France  applies the transitional period to new member states (5 years).  performance of work is allowed only according to labour permit and residence permit  Greece  applies the transitional period to new member states  grants labour permit  Spain  applies the transitional period to new member states  there is the need to obtain labour permit and residence permit as well Budapest

 Finland  applies the transitional period to new member states  there is a need to obtain labour permit  considers the opening of labour market  Italy  applies the transitional period to new member states (2 years )  there is a need to obtain the work permit  Austria  applies the transitional period to new member states (7 years )  there is a need to obtain the labour permit  considers to implement lengthening of transitional period  Sweden, Malta, Cyprus, Lithuania, Latvia, Ireland, Estonia, Czech Republic  do not apply transitional period to new member states Budapest

Usage of forms E 300 Slovak Republic Budapest

PROBLEMS – forms E 301  Long waiting period for issuing and sending the E-form  problems with keeping time schedule as regards the decision making process towards unemployment benefit  Sending the forms to citizens instead of competent institution  Not-mentioned data on salary, appropriate data on receiving unemployment benefit in item 7  Uncertain data in items 3.1 a 4.1: a 4.1: overlapping the insurance periods and employment periods - mentioned inexact dates, only month and year  Completing the forms from England – they require another separate printed matter with large amount of supplementary information  there is a problem to fulfil these supplementary information as regards unemployed person as well as regards the Social Insurance Agency  No answer to form E 001 – after 6 months we received the answer, that employer did not fulfil all needed information, and that's why they could not issue the form E 301 (Germany) Budapest

 Miscalculation of days stated for payment of export unemployment benefit (instead of calendar days, months with 30 days)  Germany – demands to send original forms E 303/4 only by the implementation of reimbursement (diverse approach of member states)  The reservation of free access to labour market, the unemployment benefit export right is restricted too PROBLEMS – forms E 303 Budapest

2005 E 301 issued E 301 requested Export to EU Export from EU Austria Denmark2--1 Finland---- Hungary Poland224-- Sweden---2 Budapest

2005 E 301 issued E 301 requested Export to EU Export from EU Cyprus-42-- Czech France Ireland Germany Slovenia Spain Italy Great Britain Total all MS Budapest

Forms E 300 series Is there a possibility to consider the electronic exchange of confirmed forms E 301 a E 303? Budapest

Calculation according to standard salary or wage  Detection of average salary via private company – TREXIMA (no information system switchovers, manual audit via website )  Problems with the stating the profession in the item 5 form E 301  Non-mentioned profession or very generally (e.g. driver)  The absence of uniform classification – code-list for professions PROBLEMS – Article 68 Council Regulation 1408/71 Budapest

Clerks in European Community (EC):  Are unemployment benefit entitlements offered from social security scheme of EC?  Which experiences have individual states with this special groups of workers?  Are these persons obliged to follow the same obligations to employment services as other job seekers?  Do you confirm separate forms for these persons? Special groups of workers Budapest

Thank you for your attention Beáta Lukčová Martina Kollárová Budapest