Unemployment benefits

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


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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)


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  Three different situations

1.        A migrant worker becomes unemployed
          afterwards
2.        Looking for a job abroad: export of benefits
3.        Workers residing outside the competent
          State
     1.         Frontier workers: typical – atypical
     2.         Workers other than frontier workers



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A migrant worker becomes
unemployed after his move




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A migrant worker becomes
unemployed after his move
   Usually a qualifying period (1 - 2 years)

   Aggregation principles:
 U1
                   For employed and self-employed workers
  -                Last insurance/employment in the State where
SED                 the claim is lodged
                   Taking into account the actual earnings


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Looking for a job abroad




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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

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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


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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)

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Looking for a job abroad
                                                                          U2
        Mechanism                                                          -
                                                                          SED




                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.

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Residing abroad




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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                    legislation of the State
       unemployment                               of employment

      Full unemployment                          legislation of the State
                                                  of residence
                                             +    optional registration in former
                                                    State of employment

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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                     legislation of the State of
    unemployment                                employment

   Full unemployment                           legislation of the former
                                                State of employment


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Workers other than frontier workers

      Persons residing outside of the competent
      State, who are not frontier workers (e.g.
      seasonal workers)

      Partial or intermittent                    legislation of the State
       unemployment                               of employment

      Full unemployment                          legislation of the former
                                                  State of work / Home
                                                  State (return or not)
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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



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                Co-ordination of unemployment benefits by
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