Keywords
Summary

Keywords

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Social security for migrant workers ° Legislation applicable ° Worker residing in a Member State, employed by an undertaking from another Member State and working in a non-member country ° No provision of Community law dealing expressly with that situation ° Application, based on the criterion of the connecting link, of the legislation of the Member State in which the employer is established

Summary

The rules of Community law which are designed to achieve freedom of movement for workers within the Community, and in particular the rules on determining the national legislation applicable set out in Title II of Regulation No 1408/71 preclude the collection of contributions from a person who resides in one Member State and, in the employment of an undertaking established in another Member State, works exclusively outside the Member States on the basis of which employment he is liable to pay contributions under the social legislation of the other Member State.

The mere fact that the activities of a worker are carried out outside the Community is not sufficient to exclude the application of the Community rules on the free movement of workers, as long as the employment relationship retains a sufficiently close link with the Community, and in the absence of a provision dealing expressly with the case of a person in such a situation, the legislation of the Member State in which the worker resides should not be applied, since there is no link connecting it with the employment relationship, and the legislation to be applied is that of the Member State where the employer is established with which there is such a link.