FAQ Social security - Which rules apply to me

If you are sent by your employer to work in another country, you will remain insured under the legislation of your country of origin if you fulfil the conditions which apply to posted workers.

This means that you can work there up to a maximum of 24 months on behalf of your employer who is based in the sending country. Before leaving, you should make sure you get an ‘A1’ document which certifies that you are covered by the legislation of the country from which you are posted. Your employer declares your situation to the competent social security institution.

This solution aims at avoiding frequent changes in your social security situation in the case of short periods of work abroad. The same provisions apply to self-employed persons who temporarily perform a similar activity in another country. 
>> For further details see the guide on applicable legislation

A temporary stay is a period during which you are staying in a place other than the one where you usually live and you do not move your "centre of interest" there. The centre of interest is assessed by the social security institutions in order to determine your place of residence (see the definition of residence above). For the purpose of social security coordination, a temporary stay is not limited to a defined period of time but attached to the idea of residence.

For example, the fact that a student who is studying in another country for more than three months, registers with the local authorities cannot be considered as a change of residence: if the intention of the student is to return to his/her habitual residence after the study period, he/she is considered to be on a temporary stay and therefore can use a European Health Insurance Card (EHIC).

You employer should apply for an A1 form before your period of posting starts. 
>> Download our guide on posting

You are a cross-border worker if you work in a different EU country from the one where you reside and you return to your country of residence daily, or at least once a week. As a cross-border worker, you are insured in the country where you work. This country will be responsible for your social security benefits.

Special rules apply to healthcare and unemployment. As regards healthcare, you have a right of option: you may obtain these benefits either where you reside or where you work. For further information, check our section and frequently asked questions on sickness benefits.

As regards unemployment benefits, if you are wholly unemployed, you are only entitled to benefits in the country where you reside. For further information, check our section and frequently asked questions on unemployment.

Civil servants remain under the legislation of their administration even if they carry out other employed and/or self-employed activities in another country.

If you work on board a sea vessel, you will be insured in the country flying the flag of that vessel, even if you reside in a different country. You will be insured in the country where you reside if the registered place of business of your employer is also situated there, even if this is a different country than the one flying the flag of the vessel.

If you do not work, 2 situations are possible:

• You receive cash benefits because of your activity as an employed or self-employed person. In this case, you will remain subject to the legislation of the country in which you were insured while working.
• You have no social security benefits deriving from a current or past relationship and you are not economically active. In this case, as a non-active person, you are subject to the legislation of the country where you reside. Please be aware that in some countries access to social security coverage is based on residence, in others only people exercising an occupational activity (and the members of their families) are insured. To find out about your situation, contact your social security institution.  
  >> Use our directory to find a contact institution

As a matter of principle, as a student staying temporarily in the country where you pursue your studies, you are regarded as still residing in your home country and insured there.

This means that you are entitled to all necessary healthcare in the country where you are studying on presentation of your European Health Insurance Card issued by your home social security institution, before leaving.

If for some reason you are not insured in your country of origin, you must contact the social security institutions of the country where you are studying to assess your situation. If you fulfil the conditions that determine residence there, you might actually be covered there and not in your country of origin. 
>> Use our directory to find a contact institution

Two or more countries may provide for national derogations to the EU rules by common agreement in the interest of the persons, or groups of persons, concerned. 

Such derogations are generally made case by case, so contact your social security institution if you need further information. 
>> Use our directory to find a contact institution

Your country of residence is the place where you "habitually reside" in other words, where your "centre of interest" is.

Normally, the determination of your place of residence is a national decision. A list of criteria is provided to help social security institutions assess which country is to be considered your place of residence in the case of diverging views between two or more countries. These include: the duration of your presence on the territory of the countries concerned; your family status and ties; your housing situation and how permanent it is; the place where you pursue professional or non-profit activities; the characteristics of your professional activity; where you reside for taxation purposes; in the case of students, the source of your income.

In any case, the decision on which country is to be considered your place of residence will be made by the social security institutions and not by you. 
>> Use our directory to find a contact institution

If you work in two or more countries, you are insured in your country of residence if you pursue a 'substantial part' of your activity there. A 'substantial part' means at least 25% of your working time and/or your remuneration, but other elements can be relevant as well as your overall situation.

To determine if you work a 'substantial part' of your activity in your country of residence, the assumed future situation over the following 12 months is also taken into account. 

If institutions in different countries cannot agree on which country's legislation should apply to your situation, the EU rules make sure that one legislation will apply provisionally so that you are not left uncovered.

In the meantime, the institutions have to make a decision. If they cannot reach an agreement, they can go through a dialogue and conciliation procedure; the case can be brought before the Administrative Commission for the coordination of Social Security systems to decide.

A similar procedure exists for the provisional granting of benefits. 

If you work in two or more countries, you must inform the social security institution in your country of residence. The social security institutions there will determine the legislation applicable provisionally to your situation and will inform the institutions of all countries where you pursue your working activities.

The provisional legislation shall become definitive within two months, unless the other institutions do not agree. If they don't agree they can go through a dialogue and conciliation procedure (see above).