Co-ordination of unemployment benefits

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 Co-ordination of unemployment benefits by B. De Pauw

3. 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) 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 Co-ordination of unemployment benefits by B. De Pauw

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

6. A migrant worker becomes unemployed after his move Usually aqualifying 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 Co-ordination of unemployment benefits by B. De Pauw

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

11. Looking for a job abroad 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. U2 - SED Co-ordination of unemployment benefits by B. De Pauw

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

13. 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 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 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) 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 Co-ordination of unemployment benefits by B. De Pauw

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