2010 - CASE STUDIES

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2010 - CASE STUDIES

  1. 1. organising training and setting up networks on theEuropean Coordination of Social Security Schemes in the 27 Member States Seminar Slovenija CASE STUDIES Ljubljana, 19.4.2010
  2. 2. Applicable legislation• X lives in country A (Austria) and is member of the management board of three companies in the USA, in MS A (Austria) and in MS B (Slovenia) respectively. In the USA and MS A (Austria) he is self-employed, in MS B (Slovenia) he is an employee. Where is the person insured? What happens if a bilateral treaty between MS A (Austria) and the USA provides that a person who performs activities in both states as self-employed is subject for both activities to the legislation of the State of residence?
  3. 3. Applicable legislation• A transport company is established in MS A (Slovenia). The employee lives in MS B (Hungary). Every week he picks up goods in MS C (Austria) and drives to MS D (Slovak R.). When he returns to MS C (Austria) he picks up goods in MS B (Hungary) where he stays approximately one day a week. Which legislation is applicable? What happens in case the route changes due to extensive long-term road works in MS B (Hungary) and he now drives through MS A (Slovenia) in order to avoid MS B (Hungary)?
  4. 4. Applicable legislation• A bricklayer performs activities as a self- employed person in MS A (Slovenia). Sometimes during the weekend he renders services for an agricultural company in MS B (Austria). Which legislation is applicable? Is posting possible?
  5. 5. Applicable legislation• X lives in MS A (Slovenia) and works for different employers. As employee she is working for 20% of her time in MS A (Slovenia) for a local employer, 20% in MS B (Italy) for a local employer and 20% in MS C (Austria) for a local employer. She is also performing activities as self-employed for 40% in MS D (Germany). Which legislation is applicable?
  6. 6. Applicable legislation• An employee works for an employer in MS A (Slovenia) which sends the person concerned for 24 months to MS B (Germany) in order to set up a branch. A local labour contract is concluded with the branch in MS B (Germany) that also pays her salary. During her employment in MS B (Germany), the original labour contract with the company in MS A (Slovenia), that also pays the social security contributions, further remains applicable. Which legislation is applicable? Alternatively, what happens if an agreement is concluded with the undertaking in MS A (Slovenia), stating that that the employee, upon her return after two years, is guaranteed a similar job within the company in MS A (Slovenia) or within another daughter company?
  7. 7. Sickness benefits in kind• Case 1: During her active life, Ms. X worked as a frontier worker in MS A (Slovenija) while living in MS B (Austria). A month before her retirement, she contracted a chronic disease.• Question: Under which conditions is Ms. X entitled to receive medical treatment for this disease in MS A (Slovenija)?• Alternative question 1: Is the answer to this question different if the need for medical treatment stems from an (non-occupational) injury sustained one month before her retirement?
  8. 8. Pensions - Creation of periodsAssumed national legislation: In MS A (Slovenia) also periods of military service or ofstudies at school or university count as periods equivalent to periods of insurance.The only condition for the creation of such periods is that they are fulfilled in theterritory of that MS (e.g. in a school or university of that MS which fulfil speciallydefined criteria) and that a period of insurance as a gainfully active person under thelegislation of MS A is before or after that equivalent period.Case: A person always works as a frontier worker in MS B – Italy (so there are noinsurance periods as a gainfully active person in MS A - Slovenia) but this person hascompleted its military service and the studies at school and university in MS A(Slovenia). During the university studies this person has also studied for 6 months inMS C (Sweden) without transferring his/her residence (in the sense of Art. 1 (j) ofRegulation (EC) No. 883/2004) there (the residence still was in MS A - Slovenia).Question: Does MS A (Slovenia) have to take into account these periods of militaryservice and school or university studies as periods equivalent to periods ofinsurance?Proposals for elements of consideration:What is the effect of Art. 5 of Regulation (EC) No. 883/2004 (assimilation of facts) inthis context?Is there a difference between periods spent in the territory of MS A (Slovenia) andthose spent in the territory of another MS during a stay there?What additional aspects could be important taking into account the peculiarities ofyour concrete legislation?

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