Keywords
Summary

Keywords

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1 . Social security for migrant workers - Community rules - Persons covered - Part-time workers - Included

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

2 . Social security for migrant workers - Applicable legislation - Legislation of the State of employment - Part-time post - No effect

( Council Regulation No 1408/71, Art . 13(2)(a ) )

3 . Social security for migrant workers - Affiliation to a social security scheme - Conditions - Residence condition imposed by the legislation of the State of employment - May not be relied on against an employed person who is resident in the territory of another Member State

( Council Regulation No 1408/71, Art . 13(2)(a ) )

Summary

1 . A person must be considered to be covered by Regulation No 1408/71 if he meets the conditions laid down in Article 1(a ) in conjunction with Article 2(1 ) of the regulation, irrespective of the amount of time which he devotes to his activities .

2 . If the objective pursued by Article 13(2)(a ) of Regulation No 1408/71 is not to be frustrated, that provision must be interpreted as meaning that a person covered by that regulation who is employed part-time in the territory of a Member State is subject to the legislation of that State both on the days on which he pursues that activity and on the days on which he does not .

3 . Although Article 13(2)(a ) of Regulation No 1408/71 is not intended to lay down the conditions for affiliation to the various national social security schemes, the effect of that provision, where applicable, is to replace, as a condition of affiliation, residence in the Member State concerned with employment in that Member State . Therefore, as a consequence of that article, a provision of the applicable national legislation under which membership of the insurance scheme established by that legislation is subject to the condition of residence in the Member State in whose territory the activity as an employed person is pursued may not be relied on against an employed person .