Keywords
Summary

Keywords

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SOCIAL SECURITY FOR MIGRANT WORKERS - LEGISLATION APPLICABLE - CRITERIA FOR DETERMINING SUCH LEGISLATION - EMPLOYER' S ESTABLISHMENT - PLACE WHERE THE ACTIVITY OF THE UNDERTAKING IS NORMALLY CARRIED ON

( REGULATION NO 3 OF THE COUNCIL, ARTICLE 13 ( 1 ) ( A ))

SOCIAL SECURITY FOR MIGRANT WORKERS - LEGISLATION APPLICABLE - DETERMINATION - TEMPORARY WORK PERFORMED ON BEHALF OF AN UNDERTAKING HIRING OUT LABOUR WITH ANOTHER UNDERTAKING OF ANOTHER MEMBER STATE

( REGULATION NO 3 OF THE COUNCIL, ARTICLE 13 ( 1 ) ( A ))

Summary

THE REFERENCE MADE BY ARTICLE 13 ( 1 ) ( A ) TO THE ESTABLISHMENT SITUATED IN THE STATE WHERE THE UNDERTAKING IS ESTABLISHED AND TO WHICH THE WORKER IS NORMALLY ATTACHED IS MEANT ESSENTIALLY TO LIMIT THE APPLICABILITY OF THAT PROVISION TO THOSE WORKERS ENGAGED BY UNDERTAKINGS NORMALLY PURSUING THEIR ACTIVITY IN THE TERRITORY OF THE STATE IN WHICH THEY ARE ESTABLISHED .

THE PROVISIONS OF ARTICLE 13 ( 1 ) ( A ) OF REGULATION ( EEC ) NO 3 OF THE COUNCIL ON SOCIAL SECURITY FOR MIGRANT WORKERS ARE APPLICABLE TO A WORKER WHO IS ENGAGED BY AN UNDERTAKING PURSUING ITS ACTIVITY IN A MEMBER STATE, IS PAID BY THAT UNDERTAKING, IS ANSWERABLE TO IT FOR MISCONDUCT, IS ABLE TO BE DISMISSED BY IT AND WHO ON BEHALF OF THE UNDERTAKING PERFORMS WORK TEMPORARILY IN ANOTHER UNDERTAKING IN ANOTHER MEMBER STATE .