SOCIAL SECURITY FOR MIGRANT WORKERS - UNEMPLOYMENT - ACQUISITION OF RIGHT TO BENEFITS - AGGREGATION OF PERIODS OF INSURANCE OR EMPLOYMENT - POSSIBILITY OF COUNTING PERIOD OF EMPLOYMENT AS PERIOD OF INSURANCE - CONDITIONS
( REGULATION NO 1408/71 OF THE COUNCIL , ART . 1 ( R ) AND ART . 67 ( 1 ))
IT IS CLEAR FROM ARTICLE 1 ( R ) OF REGULATION NO 1408/71 THAT , IN ORDER TO ASCERTAIN WHETHER A PERIOD OF EMPLOYMENT MAY BE ASSIMILATED TO A PERIOD OF INSURANCE FOR THE PURPOSES OF THE APPLICATION OF THE RULE CONCERNING AGGREGATION SET OUT IN ARTICLE 67 ( 1 ), REFERENCE MUST BE MADE TO THE LEGISLATION UNDER WHICH SUCH PERIOD WAS COMPLETED . THUS A PERIOD OF EMPLOYMENT COMPLETED UNDER THE LEGISLATION OF A MEMBER STATE OTHER THAN THAT IN WHICH THE COMPETENT INSTITUTION IS ESTABLISHED , AND DEFINED OR RECOGNIZED AS AN INSURANCE PERIOD UNDER THAT LEGISLATION , IS NOT SUBJECT TO THE CONDITION LAID DOWN IN ARTICLE 67 ( 1 ) IN FINE OF REGULATION NO 1408/71 .