Co-ordination of unemployment benefits An overview of the main rules in Regulations 883/2004 & 987/2009

Implementation of the basic coordination principles The coordination rules on unemployment benefits are peculiar: Totalisation principles are not fully implemented Only a marginal implementation of the export principles Belgrade 2010 Co-ordination of unemployment benefits by B. De Pauw

Co-ordination of unemployment benefits by B. De Pauw Specific features Umemployment benefits cover the risk associated with the involuntary loss of revenue whilst still being able to work Tight link to employment policy registration with employment service; active participation in employment promotion measures … Remain available for monitoring & control by the employment service (►residence requirement) Belgrade 2010 Co-ordination of unemployment benefits by B. De Pauw

Three different situations A migrant worker becomes unemployed afterwards Looking for a job abroad: export of benefits Workers residing outside the competent State Frontier workers: typical – atypical Workers other than frontier workers Belgrade 2010 Co-ordination of unemployment benefits by B. De Pauw

Co-ordination of unemployment benefits by B. De Pauw A migrant worker becomes unemployed after his move                           Belgrade 2010 Co-ordination of unemployment benefits by B. De Pauw

A migrant worker becomes unemployed after his move Usually a qualifying period (1 - 2 years) Aggregation principles: For employed and self-employed workers Last insurance/employment in the State where the claim is lodged Taking into account the actual earnings U1 - SED Belgrade 2010 Co-ordination of unemployment benefits by B. De Pauw

Co-ordination of unemployment benefits by B. De Pauw Looking for a job abroad                           Belgrade 2010 Co-ordination of unemployment benefits by B. De Pauw

Looking for a job abroad ↔ Requirement to be available for work in the competent State ↔ Need for control & monitoring (►residence) In principle no export of unemployment benefits Contrary to the freedom of movement or European citizenship? ECJ C-406/04 Belgrade 2010 Co-ordination of unemployment benefits by B. De Pauw

Looking for a job abroad Exception: a limited export possible when all the following conditions are met (I): 1. Registration of – at least – four weeks with the employment service of the State of last employment; Possible reduction of this period 2. Registration with the employment service of the State of stay, at least within seven days after departure; Possible extension of this period Belgrade 2010 Co-ordination of unemployment benefits by B. De Pauw

Looking for a job abroad Exception: a limited export possible when all the following conditions are met (II): 3. Comply with the control procedure of the State of stay; On request: monthly follow-up on persons’ situation 4. Return within 3 months to the competent State Possible extension of this period to 6 months Late: loss of benefits except if more favourable national legislation 5. Usable several times per unemployment period (max. total 3-6 months) Belgrade 2010 Co-ordination of unemployment benefits by B. De Pauw

Looking for a job abroad U2 - SED Mechanism Benefits directly paid by the competent institution ↔ Reg.1408/71: Benefits were provided by the institution of the State where the person went to look for a job. The serving institution was afterwards reimbursed by the competent institution. Belgrade 2010 Co-ordination of unemployment benefits by B. De Pauw

Co-ordination of unemployment benefits by B. De Pauw Residing abroad Belgrade 2010 Co-ordination of unemployment benefits by B. De Pauw

Co-ordination of unemployment benefits by B. De Pauw Frontier workers Persons employed in territory of a State other than their State of residence, who return at home at least once a week. Partial or intermittent unemployment Full unemployment legislation of the State of employment legislation of the State of residence + optional registration in former State of employment Belgrade 2010 Co-ordination of unemployment benefits by B. De Pauw

A-typical frontier workers Persons who maintain in the State of last employment personal and business links of such a nature as to give them a better chance of finding new employment there (Miethe-case) Partial or intermittent unemployment Full unemployment legislation of the State of employment legislation of the former State of employment Belgrade 2010 Co-ordination of unemployment benefits by B. De Pauw

Workers other than frontier workers Persons residing outside of the competent State, who are not frontier workers (e.g. seasonal workers) Partial or intermittent unemployment Full unemployment legislation of the State of employment legislation of the former State of work / Home State (return or not) Belgrade 2010 Co-ordination of unemployment benefits by B. De Pauw

Reimbursements between institutions When the State of residence has to provide the unemployment benefits without having collected the contributions: unfairness  new system on reimbursements for the State of residence 3 or 5 months Limited by ceiling Evaluation of this mechamism after 5 years Belgrade 2010 Co-ordination of unemployment benefits by B. De Pauw

Co-ordination of unemployment benefits by B. De Pauw Belgrade 2010 Co-ordination of unemployment benefits by B. De Pauw