Highly Mobile Workers and the Coordination of Social Security in the EU: Opening and Closing Pandora's Box

In a globalizing world, national borders are frequently crossed, and flexibility is a key skill in the knowledge economy. This book provides an in-depth analysis of a current and pressing problem for an increasing group of working people: their social (security) protection is unclear or non-existent. The main rule of EU social security law prescribes that the law of the Member State where the person works applies, but when there are several work countries involved, the multi-activity rule of Article 13 of Regulation 883/2004 is to be applied. This conflict rule determines the applicable social security legislation by the place of work or residence, which can be difficult to determine in situations of high mobility. The consequences for highly mobile workers and their employers are that social rights and obligations are not always easy to determine, and the applicable legislation may not be appropriate for certain highly mobile situations. The research presented in this book aims to map out mobility-related issues that highly mobile workers may encounter and explore possible routes towards more legal certainty regarding their social security protection.

Format: Hardback
Length: 336 pages
Publication date: 29 September 2022
Publisher: Eleven International Publishing

In the ever-evolving world of globalization, national borders are becoming increasingly blurred, and flexibility has become an essential skill in the knowledge economy of the 21st century. As a result, a growing number of workers can be classified as "highly mobile," combining various forms of work across multiple countries. This book delves into an in-depth analysis of a pressing problem faced by this increasing group of workers: the lack of clear or adequate social (security) protection.

The primary rule of EU social security law stipulates that the law of the Member State where the person works applies. However, when multiple work countries are involved, the multi-activity rule of Article 13 of Regulation 883/2004 comes into play. This rule determines the applicable social security legislation based on either the place of work or the place of residence. The question of which of these two connecting factors is decisive in situations of high mobility becomes a complex one.

The consequences of this complexity are far-reaching. Highly mobile workers and their employers often face difficulties in determining social rights and obligations, and there is a question about whether the applicable legislation determined by the conflict rules of Regulation 883/2004 is appropriate for specific highly mobile situations. While some problems stem from technical-legal complexities, others arise from procedural and administrative issues. Addressing these challenges requires a comprehensive approach from EU social security law.

In the context of the increasing prevalence of flexible work and work activities performed across multiple Member States, it becomes increasingly important to address these issues. The EU social security law has a crucial role to play in ensuring the social protection of highly mobile workers and promoting their well-being. By developing a framework that accommodates the diverse needs of highly mobile workers and their employers, the EU can foster a more inclusive and equitable labor market.

One potential solution to the challenges faced by highly mobile workers is the development of a unified social security system across the EU. This system could provide a single point of access for workers and employers, simplifying the process of determining social rights and obligations and ensuring that the applicable legislation is consistent across all Member States. Additionally, the EU could introduce measures to promote cross-border cooperation and information sharing among social security authorities, ensuring that highly mobile workers are properly protected and that their social rights are upheld.

Furthermore, the EU could prioritize the development of skills and training programs to support highly mobile workers in adapting to new work environments and developing their careers. This could include initiatives to enhance digital literacy, language skills, and cross-cultural competence, which are essential for working in diverse and international contexts.

In conclusion, the lack of clear social (security) protection for highly mobile workers is a pressing issue that requires a comprehensive and proactive approach from EU social security law. By developing a unified social security system, promoting cross-border cooperation, and investing in skills and training programs, the EU can ensure that highly mobile workers are properly protected and supported in their work endeavors. This will contribute to the overall well-being of the workforce and promote a more inclusive and equitable labor market.

Dimension: 240 x 165 (mm)
ISBN-13: 9789462363199