Brussels, 05/02/2015 (Agence Europe) - Is a frontier worker who, immediately having worked full-time for an employer in a member state other than his country of residence but who is employed part-time by another employer, still in the same member state, a frontier worker who is partially unemployed or not? Is it the member state of residency or member state where he is employed part-time that should pay unemployment benefits?
The European Court of Justice was approached by a Dutch court in this connection (C-655/13). In its ruling it decided that the regulation on the application of social security systems for salaried workers and non-salaried workers, as well as members of their family who have moved country within the EU (Regulation 1408/71) cannot exclude from its scope a frontier worker who has maintained a working relationship in the same member state, even working part-time. This means that in the case in question, the worker of Dutch nationality, who worked full time in Germany and then immediately afterwards, part-time for another employer in Germany, should benefit from German unemployment benefits. (JK)