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

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. Looking for a job abroadU2 -
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

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

13. 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

14. 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

15. 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

16. 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

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