| Abstract [eng] |
Social Insurance in the EU when a Person Pursues an Activity as an Employed Person in Two or More Member States and when a Person Pursues an Activity as an Employed Person in the EU and Non-EU States. Regulations on the coordination of social security systems have been amended on a number of occasions. The main reason why it has been chosen to change the provisions of this instrument was to ensure the free movement of workers within the Community and to prohibit any discrimination against them in relation to nationality. One of the main rights of MS citizens, enshrined in primary EU law is the freedom of movement, which provides the opportunity to seek employment, have employment or self-employment in two or more MS. The coordination of social security systems does not aim to alter the national social security systems, they are coordinated rather than harmonized. At their own discretion, today, the states can establish the classification of social security benefits, the conditions for granting benefits and the terms on which social insurance costs are to be paid. In order to avoid conflicts due to the application of different national social security systems, individuals working in two or more MS will receive social security benefits in accordance with the principles laid down in the coordination regulations: application of one social security scheme; equal opportunities; equal payout, income, facts and events evaluation; aggregation periods; the preservation of acquired rights; good administration. Employees who work in more than one MS are treated as individuals who, without interrupting their activities in one MS, simultaneously carry out another, separate activity in one or more MS. Such individuals are considered to be those who alternately, in two or more MS, carry out different types of activities. The main rule for determining the applicable legislation for employess working in at least two MS is as follows: employees who normally work in two or more MS as hired employees should be considered as members of the social security system of the MS of residence if they have a significant (substantial) share of all their ongoing work in it. Self-employed individuals who work in two or more MS are subject to the same rules as hired employees, but in cases where in none of the MS, in which the person carries out essential parts of an individual activity, we can not determine his place of residence, the person is subject to the social security system legislation of the MS in which we can establish the person's interest center. An unusual criterion for determining the applicable legislation is detected for personnel who are considered to be flight crew or cabin crew. The applicable law for employees in this category is determined by the criterion of the main place of their residence. Among the agreements adopted by the EU institutions and other legislation, we can find a number of provisions that discuss the external functioning of EU coordination rules. In these agreements the following is embeded: the uniform treatment of EU citizens working in third countries, the retention of rights to social insurance benefits acquired by EU citizens, and the opportunity to export them. As none of the agreements adopted by the EU institutions were adopted by third countries, the provisions contained in these agreements sustain an internal effect and do not guarantee the rights of EU citizens to receive benefits in third countries. Today, the signing of bilateral international treaties remains to be seen. The narrow scope of personal field of application in these agreements ensures the social rights of the signatories only, and the material ensures only the rights to protect the benefits specified in the agreement. This causes a lot of problems for migrant workers if they are not citizens of one of the signatory states. |
