Keywords
Summary

Keywords

1 . SOCIAL SECURITY FOR MIGRANT WORKERS - UNEMPLOYMENT - COMMUNITY RULES - OBJECTS

( REGULATION NO 1408/71 OF THE COUNCIL )

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - UNEMPLOYMENT - BENEFITS - CALCULATION - PREVIOUS WAGE OR SALARY - CONCEPT - ACTUAL OR NOTIONAL WAGE OR SALARY IN THE LAST EMPLOYMENT

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 68 ( 1 ))

3 . SOCIAL SECURITY FOR MIGRANT WORKERS - UNEMPLOYMENT - BENEFITS - CALCULATION - PREVIOUS WAGE OR SALARY - FRONTIER WORKERS - WAGE OR SALARY RECEIVED IN THE EMPLOYMENT HELD IMMEDIATELY PRIOR TO THE UNEMPLOYMENT

( REGULATION NO 1408/71 OF THE COUNCIL , ART . 68 ( 1 ))

Summary

1 . AS APPEARS FROM THE NINTH RECITAL IN THE PREAMBLE THERETO , REGULATION NO 1408/71 ' ' IN ORDER TO SECURE MOBILITY OF LABOUR UNDER IMPROVED CONDITIONS ' ' , SEEKS TO ENSURE THE WORKER WITHOUT EMPLOYMENT OF ' ' THE UNEMPLOYMENT BENEFIT PROVIDED FOR BY THE LEGISLATION OF THE MEMBER STATE TO WHICH HE WAS LAST SUBJECT ' ' . SUCH AN OBJECTIVE CLEARLY IMPLIES THAT IN REGULATION NO 1408/71 UNEMPLOYMENT BENEFIT IS REGARDED IN SUCH A MANNER AS NOT TO IMPEDE THE MOBILITY OF WORKERS , INCLUDING FRONTIER WORKERS , AND TO THAT END SEEKS TO ENSURE THAT THE PERSONS CONCERNED RECEIVE BENEFITS WHICH TAKE ACCOUNT , SO FAR AS POSSIBLE , OF CONDITIONS OF EMPLOYMENT AND IN PARTICULAR OF THE REMUNERATION , WHICH THEY ENJOYED UNDER THE LEGISLATION OF THE MEMBER STATE OF LAST EMPLOYMENT .

2 . IT APPEARS FROM THE FIRST SENTENCE OF ARTICLE 68 ( 1 ) THAT , APART FROM THE SPECIAL CASE CONTEMPLATED IN THE SECOND SENTENCE , THE ' ' PREVIOUS ' ' WAGE OR SALARY WHICH NORMALLY CONSTITUTES THE BASIS OF CALCULATION OF UNEMPLOYMENT BENEFIT , IS , ACCORDING TO THAT REGULATION , THE WAGE OR SALARY ' ' RECEIVED ' ' IN THE LAST EMPLOYMENT OF THE WORKER AND THAT IT IS ONLY BY WAY OF EXCEPTION AND DEROGATION THAT THE BASIS OF CALCULATION OF THOSE BENEFITS MAY IN CERTAIN CASES BE THE NOTIONAL AND NOT THE ACTUAL WAGE OR SALARY IN THE LAST EMPLOYMENT .

3 . ARTICLE 68 ( 1 ) OF REGULATION NO 1408/71 , VIEWED IN THE LIGHT OF ARTICLE 51 OF THE TREATY AND THE OBJECTIVES WHICH IT PURSUES , MUST BE INTERPRETED AS MEANING THAT , IN THE CASE OF A FRONTIER WORKER , WITHIN THE MEANING OF ARTICLE 1 ( B ) OF THAT REGULATION , WHO IS WHOLLY UNEMPLOYED , THE COMPETENT INSTITUTION OF THE MEMBER STATE OF RESIDENCE , WHOSE NATIONAL LEGISLATION PROVIDES THAT THE CALCULATION OF BENEFITS SHOULD BE BASED ON THE AMOUNT OF THE PREVIOUS WAGE OR SALARY , SHALL CALCULATE THOSE BENEFITS TAKING INTO ACCOUNT THE WAGE OR SALARY RECEIVED BY THE WORKER IN THE LAST EMPLOYMENT HELD BY HIM IN THE MEMBER STATE IN WHICH HE WAS ENGAGED IMMEDIATELY PRIOR TO HIS BECOMING UNEMPLOYED .