The V European Labour Mobility Congress is coming in less than two months. We can already reveal the topic of one of the panel discussions on Day 1 of the Congress. We would like to fully dedicate it to social security of posted workers, especially focusing on coordination of social insurance systems.
At the end of the previous year European Comission published a project of amendments to standarise so-called ‘coordination regulations’ (regulations of the Parliament and the Council – 883/2004 and 987/2009).
Main goals of the Comission were to standarise key legal terms of the legislation, prevent the ‘substitution’ of posted workers by self-employed people, and to regulate participation in systems of social support. Revision of the Directive 883, regarding employment in two member states, would require the employer to perform ‘sufficiently reasonable share’ of their activity in the country from which they post employees. Futhermore, changes to time limitations and sequencing of employment would contribute to less flexibility for institutions responsible for social security (e.g. ZUS in Poland) in providing so-called A1 documents to workers. Comission’s proposals even go as far as changing the rights of third-country nationals (non-EU/non-EFTA) and assigning time limits to establishing which country’s laws should apply.
European Comission also proposed adding a new article (20a) to the implementing directive 987. In its’ proposed version, art. 20a would allow the Comission to issue executive acts in order to establish the procedure of implementation of art. 12 and 13 of the main 883 regulation. Such acts would determine the conditions for issuing documents to posted workers, circumstances under which they could be provided, declined, or withdrawn.
The main problem of proposed amendments remains that the key legal terms remain vague and ill-defined. This leaves space for the Comission to cross some of the boundaries in interpretation of existing regulations.
During the plenary sessions of the V European Labour Mobility Congress we will discuss many of the recent issues of social security systems, such as competing jurisdictions, exchange of information on the EESSI system, and provisions such as ‘substantial part of activity’, ‘marginal labour’, or ‘substitution’.