1 / 10

trESS Seminar Malta 14 th July 2005

General introduction to Regulation(EEC)1408/71and its implementation Presented by: Edward R. Gatt Director General – EU & International Affairs. trESS Seminar Malta 14 th July 2005. Regulation 1408/71 – General Principles:. Equality of Treatment Applicable Legislation Aggregation

neil
Download Presentation

trESS Seminar Malta 14 th July 2005

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. General introduction to Regulation(EEC)1408/71and its implementation Presented by: Edward R. Gatt Director General – EU & International Affairs trESS SeminarMalta14th July 2005

  2. Regulation 1408/71 – General Principles: • Equality of Treatment • Applicable Legislation • Aggregation • Exportability

  3. Nationals of an EEA country and Switzerland Third country nationals (from 1 June 2003) Employed persons Self-employed persons Members of their families and survivors Civil servants Students Stateless persons and refugees The personal scope of Reg. 1408/71

  4. Sickness and Maternity benefits Invalidity benefits Old Age & Survivors Pensions Accidents at Work & Occupational Diseases Death Grants Unemployment Benefits Family benefits Benefits for Dependant Children of Pensioners & Orphans The material scope of Reg. 1408/71

  5. Art 13(1) provides that a person is subject to the legislation of only one State at any one time Art 13(2) provides that but for certain exceptions, a person is subject to the legislation of the State in which he is employed or self-employed, even if he/she resides in another State Legislation Applicable

  6. Article 14(1)a provides that an employed person who is: posted by his employer to work for that employer in another State for a period not exceeding 12 months and who is not replacing another person who has completed his term of posting shall remain subject to the legislation of the first state Legislation Applicable – Posted Workers

  7. Administrative Commission Decision No 181: A direct relationship must exist between the employee and the employed person In the case of employees recruited for immediate posting abroad the company must habitually carry out significant activities in the home state. Legislation Applicable – Posted Workers

  8. Does the company habitually carry out significant activities in Malta? (Administrative Commission Decision 181) Where is the company registered The number of administrative (“office”) staff in Malta and elsewhere The place where the posted workers are recruited and where most of the work is carried out The law applicable to the contracts carried out The activities carried out in Malta Legislation Applicable – Posted Workers

  9. DSS staff are gaining experience of administering Regulation 1408/71 Further challenges will lie ahead, involving not only DSS staff but also our legal services Malta is determined to apply the Regulation in a just and fair way consistent with the principles of free movement. Conclusion

  10. Thank you for your attention

More Related