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Social security coordination for cross-border telework in EU
The Court of Justice of the European Union ("CJEU") has stated in the Partena judgement, Case C-137/11, that the place of work should be considered to be the place where in practical terms, the person concerned carries out the actions connected with that activity.
The case concerned a director of af belgian registered company who was managing the company from his residence in Portugal.
The workplace definition is challenged when we talk about working from home on a computer or by using other information technology ("cross-border telework"). However, the Administrative Commission for the Coordination of Social Security Systems, has in a guidance from 2023 emphasised that "the principle of lex loci laboris enshrined in Article 11 of Regulation (EC) No 883/2004 has to remain the main principle for determining the legislation applicable to a person carrying out a professional activity".
The Guidance also say that some cases of telework could be covered by Article 12 of Regulation (EC) 883/2004, which is a "posted worker" and some by Article 13 which is "pursuing activities in two or more Member States".
Framework agreement on cross-border telework
As of 13 May 2025 22 countries (EU/EEA and Switzerland) have signed a Framework Agreement on the application of Article 16 (1) of Regulation (EC) No. 883/2004 in cases of habitual cross-border telework.
The framework, that came into force on July 1, 2023, allows teleworkers which cross-border telework in the State of residence is less than 50% of the total working time to remain subject to the social security legislation of the Member State in which the employer(s) is/are based.
Be aware the the framework agreement is only binding for the countries who have signed it.
Belgium acts as depository state for the Framework Agreement. See the list of countries who have signed.
- Unemployment insurance in Europe →
Unemployment insurance for civil servants in EU
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⇒Unemployment Insurance Schemes in EU
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Key points of EU Unemployment Insurance coordination
- Transferring periods of work and insurance between EEA countries As an EU citizen you can transfer acquired rights from Unemployment Insurance when moving between EU/EEA contries. In this way it may be easier to become entitled to unemployment benefit in the country you move to.
In the vast majority of the Member states the aggregation rule become fully applicable as soon as you starts to work in the country. However in Denmark, Belgium and Finland you must work some period there before you can use the aggregation rule.
You need a PD U1 document in the country you leave or if the involved countries use electronically exhange (EESSI) there will be issued a SED U002. The countries who issues the highest number of PD U1 documents are Germany, Austria, Switzerland and the Netherlands. The countries who receives most PD U1 documents are Lithuania and Italy. - Transferring unemployment benefits Under certain conditions you can go to another EU country to look for work and continue to receive your unemployment benefits from the country where you became unemployed. The period you can export your unemployment benefits varies from 3 to 6 months in the different Member states.
You have to apply for a PD U2 document in the country you leave, or if you haven't done that the institution in the receiving country must request a SED U008 from the competent institution in your last country.
The countries who issues the highest number of PD U2 documents are Germany, Switzerland, the Netherlands and Denmark. Poland is the country who receives by far most PD U2 documents. - Unemployment benefits coverage According to OECD the net replacement of income after 2 months of unemployment, for a single person without children whose previous in-work earnings were 67% of the average wage varies from 33 percent (Ireland) to 91 percent (Belgium). Read more here..
- Having residence in another EU country than where you work? According to EU social security coordination rules you must only be insured against unemployment in one country at a time. As a generel rule this country is where you work.
In Member states who have compulsory insurance, you will automatically be covered when you start working there.
However you may be insured by your country of residence if you are posted to a EU/EEA country or work in two or more EU/EEA countries at a time. In these situations you can not your self decide where to have unemployment Insurance, but you (or your employer) must apply for a PD A1 document which states in which country you are covered by social security, including Unemployment Insurance. Special rule also apply for cross-border workers ("frontier workers"). - Third-country Nationals working in EU/EEANON-EEA citizens are covered by Unemployment Insurance in the EU countries who have compulsory Unemployment Insurance. In countries with voluntary Unemployment Insurance (Denmark, Sweden and Finland) third-country nationals can become member of an Unemployment Insurance Fund.
In the most countries Third-country nationals can also use the EU Coordination rules when moving within EU/EEA (however not in Denmark, Iceland, Liechtenstein, Norway and Switzerland).
Third-country nationals in short-tem working relations often faces problems with actually get Unemployment benefits, even though they have contributed to the system. This is due to the fact that one normally need a residence permit which allow one to take any job, and also because of a qualifying period in most countries between 6-12 months.