31978Y0530(03)

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ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS

DECISION NO 110

OF 16 DECEMBER 1977

AMENDING DECISION NO 87 OF 20 MARCH 1973 CONCERNING THE APPLICATION OF ARTICLE 14 ( 1 ) ( A ) AND ( 2 ) ( A ) OF COUNCIL REGULATION ( EEC ) NO 1408/71 TO THE LEGISLATION APPLICABLE TO WORKERS POSTED ELSEWHERE

THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS ,

HAVING REGARD TO ARTICLE 81 ( A ) OF COUNCIL REGULATION ( EEC ) NO 1408/71 UNDER WHICH IT IS GIVEN THE RESPONSIBILITY FOR DEALING WITH ALL QUESTIONS OF INTERPRETATION ARISING FROM THE PROVISIONS OF COUNCIL REGULATION ( EEC ) NO 1408/71 AND ( EEC ) NO 574/72 ,

WHEREAS THE PURPOSE OF THE PROVISIONS OF ARTICLE 14 ( 1 ) ( A ) OF REGULATION ( EEC ) NO 1408/71 IS TO AVOID , BOTH IN THE CASE OF WORKERS AS WELL AS IN THE CASE OF EMPLOYERS AND SOCIAL SECURITY INSTITUTIONS , THE ADMINISTRATIVE COMPLICATIONS WHICH WOULD RESULT FROM THE APPLICATION OF THE GENERAL RULE LAID DOWN IN ARTICLE 13 ( 2 ) ( A ) OF REGULATION ( EEC ) NO 1408/71 WHERE THE PERIODS OF EMPLOYMENT ARE OF SHORT DURATION IN A MEMBER STATE OTHER THAN THE STATE IN WHICH THE UNDERTAKING HAS ITS REGISTERED OFFICE OR A PLACE OF BUSINESS ;

WHEREAS DECISION NO 87 OF THE 20 MARCH 1973 , PUBLISHED IN OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES NO C 86 OF 20 JULY 1974 , AIMED , IN A DESIRE FOR SIMPLIFICATION , AT EXTENDING THE FIELD OF APPLICATION OF ARTICLE 14 ( 1 ) ( A ) OF REGULATION ( EEC ) NO 1408/71 TO COVER THE CASE OF A WORKER ENGAGED IN THE MEMBER STATE IN WHICH THE UNDERTAKING HAS ITS REGISTERED OFFICE OR A PLACE OF BUSINESS WITH A VIEW TO AN IMMEDIATE POSTING TO THE TERRITORY OF ANOTHER MEMBER STATE ;

WHEREAS THE PROVISION OF PARAGRAPH 2 ( A ) OF ARTICLE 14 OF THAT REGULATION IS DIRECTED TOWARDS THE SAME OBJECTIVE AS PARAGRAPH 1 ( A ) ;

WHEREAS , THEREFORE , IN THE SAME DESIRE FOR SIMPLIFICATION , THE APPLICATION OF ARTICLE 14 ( 2 ) ( A ) OF THAT REGULATION SHOULD BE EXTENDED TO COVER THE CASE OF A WORKER ENGAGED IN THE MEMBER STATE IN WHICH THE UNDERTAKING HAS ITS REGISTERED OFFICE OR A PLACE OF BUSINESS WITH A VIEW TO AN IMMEDIATE POSTING TO A VESSEL FLYING THE FLAG OF ANOTHER MEMBER STATE ;

WHEREAS ONE OF THE DECISIVE CRITERIA FOR THE APPLICATION OF ARTICLE 14 ( 1 ) ( A ) AND ( 2 ) ( A ) OF REGULATION ( EEC ) NO 1408/71 IS THE EXISTENCE OF A DIRECT RELATIONSHIP BETWEEN THE UNDERTAKING AND THE WORKER IT ENGAGES , AND IN PARTICULAR THE MAINTENANCE OF THE WORKER'S RELATIONSHIP TO THE UNDERTAKING AS AN EMPLOYEE ;

ACTING IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 80 ( 3 ) OF REGULATION ( EEC ) NO 1408/71 ,

HAS DECIDED AS FOLLOWS :

1 . THE PROVISIONS OF ARTICLE 14 ( 1 ) ( A ) AND ( 2 ) ( A ) OF REGULATION ( EEC ) NO 1408/71 SHALL ALSO APPLY TO A WORKER WHO IS ENGAGED IN A MEMBER STATE IN WHICH THE UNDERTAKING HAS ITS REGISTERED OFFICE OR A PLACE OF BUSINESS WITH A VIEW TO AN IMMEDIATE POSTING TO THE TERRITORY OF ANOTHER MEMBER STATE OR TO A VESSEL FLYING THE FLAG OF ANOTHER MEMBER STATE , IN SO FAR AS THERE IS A DIRECT RELATIONSHIP BETWEEN THE UNDERTAKING AND THE WORKER DURING THE PERIOD OF POSTING .

2 . THIS DECISION WHICH REPLACES DECISION NO 87 OF THE 20 MARCH 1973 SHALL BE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES . IT SHALL BE APPLICABLE FROM THE FIRST DAY OF THE MONTH FOLLOWING ITS PUBLICATION .

THE CHAIRMAN OF THE ADMINISTRATIVE COMMISSION FOR THE SOCIAL SECURITY OF MIGRANT WORKERS

J . DONIS