Koordinacija dajatev za brezposelnost v Evropski uniji : kdo pije, kdo plača?

slovenian

2021

volume 47, issue 1

cross-border workers   free movement   frontier workers   Regulation (EC) 883/2004   Regulation (EC) 987/2009   residency   social insurance   social security   unemployment   unemployment benefits

Lexpera d. o. o.
(Obvezni izvod spletne publikacije)

The article analyses secondary European Union (hereinafter: EU) law provisions and the case law of the Court of Justice of the EU in the field of unemployment benefits coordination and its associated legal and practical issues concerning frontier and other cross-border (mobile) workers in the case of unemployment. It focuses on the following issues: how to determine the competent Member State (hereinafter: MS), how to aggregate periods of insurance and (self-)employment from different MS, and how to calculate and export unemployment benefits. It also addresses the announced and long-awaited amendments to the EU rules on social security coordination. The contribution does not analyse the status of posted workers since they as a rule remain under the exclusive competence of the posting MS. Referral to job-seekers is limited to cases where a person becomes unemployed in a cross-border situation, to which a brief analysis of job-seekers' rights according to the Citizens' Rights Directive and the regulation on free movement of workers is added in light of the exportability of unemployment benefits. The contribution, built around the notion of waged-workers or the notion of employment, also does not address in-depth the position of self-employed persons. A discussion on current and possible future EU law rules is accompanied by a debate on the political and financial background of unemployment benefits' coordination, giving the contribution its subheading. As observed from the discussion, it namely all boils down to the question of who pays for unemployment benefits and who benefits from them the most.

23.03.2021