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Social security conditions - a vital issue for individuals exercising their
right of free movement.
Respecting the principle of free movement of workers requires the clear
commitment from all EU Member States that migrant workers, exercising their
profession in another Member State, have the right to the same benefits of
social security as local employees. Providing social protection to EU citizens
working outside their country of residence is a crucial issue for the European
Union.
The EU provisions on social security cover both the Member States of the
European Union and the European Economic Area (Norway, Iceland and
Liechtenstein).
Community social security provisions
Social security systems in EU countries still show substantial differences,
and this calls for a necessary coordination of social security regulations.
Common rules ensuring access to social benefits are important to avoid
disadvantages for European workers exercising their right of free movement. They
are designed to prevent EU citizens from running the risk of being ensured twice
or losing their social security benefits when moving to another country.
Although there is no single European social security system, the EU has set
common provisions in the field of social protection. This includes the
coordination of national social security schemes without seeking to harmonise
national regulations. EU law has laid down common rules and principles to be
observed by national local authorities and social security institutions that do
not replace, but complement, the social security provisions of Member States.
The common social security provisions have the objective to:
- stimulate the free movement of workers, by guaranteeing equal treatment of EU
nationals under different legislations
- guarantee social protection to employees and the self-employed (and their
families) in whichever EU country they exercise their activity
- ensure that all periods of employment are considered, while periods of
overlapping social security systems need to be avoided
The application of common provisions
The common regulations do not apply to all national social security
legislation. The following benefits are covered:
- maternity and sickness
- family benefits
- workplace accidents
- old-age and invalidity pensions
- survivor benefits
- unemployment benefits
Benefiting from social protection within the EU
Social security benefits available in other Member States are established by
common EU provisions and apply to the following categories of people:
- workers, who are nationals of an EU Member State and who are or have been
insured under the laws of this Member State, as well as members of their family
- pensioners, who are nationals of an EU Member State
- third country nationals, who are insured under the legislation of a Member
State
- stateless persons and refugees, as well as their families, if they are working
in the EU and are insured under the laws of one of the EU Member States
Affiliation of migrant workers with national social security systems
If an EU citizen works in another Member State, it is important to determine
which national social security system he or she is subject to – either the one
in which they are insured or the one where they exercise their occupation. The
necessity to avoid that a worker receive double insurance or no social security
at all, requires certain rules settling the basic principles of affiliation to
one system and/or the other.
Receiving a pension in another Member State
EU nationals have the right to retire in another Member State. Countries
where a worker has made pension contributions share a proportional
responsibility for paying that pension, based on the period of employment.
Text last edited on: 02/2008
Source: European Union
© European Communities, 1995-2008
Reproduction is authorised.
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