Keywords
Summary

Keywords

Social security for migrant workers - Legislation applicable - Workers employed by an undertaking in one Member State posted to carry out work within the territory of another Member State - Activities of the company performed exclusively in the second State, with the exception of purely internal management activities - Subjection of the workers to the legislation of the State in which they actually work

(Council Regulation No 1408/71, Arts 13(2)(a) and 14(1)(a))

Summary

$$Article 14(1)(a) of Regulation No 1408/71, as amended and updated by Regulation No 2001/83, which, under certain conditions, allows an undertaking to arrange that workers posted by it temporarily to work in a Member State other than that in which the undertaking is established will continue to be covered by the social security system of the Member State in which the undertaking is established, must be interpreted as not applying to workers of a construction company established in one Member State who are posted to carry out construction work in the territory of another Member State in which, apart from purely internal management activities, that undertaking performs all its activities. In accordance with Article 13(2)(a) of Regulation No 1408/71, those workers are subject to the social security legislation of the Member State in whose territory they actually work.

( see para. 23 and operative part )