FROMONT BRIENS

[ARTICLE] Coordination of European social security schemes, 2026/07/03

Coordination of European social security schemes

Proposal for a Regulation before the European Parliament and the Council

For over a decade, the European Union has been working on a project to modernise Regulation (EC) No 883/2004 on the coordination of social security systems, together with its implementing Regulation (EC) No 987/2009. An agreement was reached last April and is expected to be formally adopted shortly.

Key takeaways:

- Posted workers

The proposal reiterates that persons pursuing employed or self-employed activities in another Member State on behalf of an undertaking remain affiliated to the social security scheme of their home State, provided that the posting does not exceed 24 months.

The text now clarifies that, where a posted person is replaced during that 24-month period without the assignment having been completed, the 24-month period shall be calculated by considering the periods completed by both individuals.

Furthermore, upon expiry of that 24-month period — whether continuous or interrupted by breaks not exceeding two months — no new posting period concerning the same employed or self-employed person and the same Member State may commence until a period of at least two months has elapsed since the end of the previous posting period. A derogation may nevertheless be granted in specific circumstances.

For employees hired specifically for a posting, affiliation to the social security scheme of the home Member State must have been effective for at least three months immediately prior to the start of the posting.

- Long-term care

Under the current framework, long-term care benefits are not specifically regulated. At present, the rules applicable to ordinary sickness benefits apply by analogy, thereby creating legal uncertainty for both institutions and beneficiaries requiring coverage.

Under the new provisions, an insured person and their family members residing in a Member State other than the competent Member State shall be entitled not only to benefits in kind which become medically necessary during their stay (as already provided), but also to benefits arising from the need for long-term care. A list of such benefits is to be established by the Administrative Commission.

- Unemployment

The proposal specifies that a person pursuing employed or self-employed activities in one Member State while simultaneously receiving unemployment benefits from another Member State shall remain subject to the legislation of the Member State paying those benefits.

To qualify for unemployment benefits in a Member State, a worker must henceforth have worked or paid contributions there for at least one uninterrupted month prior to submitting the claim. Failing this, the competent State may become the State of penultimate employment.

Unemployed persons will be entitled to export their unemployment benefits to another Member State for the purpose of seeking employment for a period of six months, with the possibility of extension until exhaustion of entitlement, subject to the decision of the competent State.

Likewise, as regards frontier workers, the State of residence would become the competent State where employment in another State lasted for less than 22 weeks. 

- Business travel

The proposal introduces a European definition of “business travel”: a temporary and time-limited activity connected with the professional interests of the employer or self-employed person, which does not involve the provision of services or the supply of goods. This includes, in particular, meetings, conferences, seminars, scientific events, and training sessions.

Business travel is excluded from the enhanced obligations applicable to standard postings. Employers are not required to make prior notifications or systematically request an A1 certificate before the trip.

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