In a press release published on Wednesday 13 December, the Representation of the French Social Security Institutions to the European Union (REIF) called on the co-legislators to be more ambitious with regard to the revision of the regulation on the coordination of social security systems, particularly with regard to the fight against fraud. The organisation is delivering its positions just as Parliament is beginning its legislative work (see EUROPE 11909) on the European Commission's proposal, while the Council has already adopted two partial agreements on the regulation (see EUROPE 11920, 11888).
The REIF believes that it is necessary to enhance the principle of fair cooperation between the authorities and member states and apply the lex loci laboris – the principle of application in international law, which stipulates that the law to apply is that of the place where the work is carried out. This concept is indeed used for posted workers.
The organisation is making a specific demand for the prior publication of A1 forms - the document confirming the social security legislation applicable - before the departure of a worker to another member state and that this is done three months in advance. It is also arguing that it should be possible to withdraw this form if any fraud is proved.
Arnaud Emériau, the permanent delegate for the organisation explained to EUROPE that the conclusions of the Advocate General at the European Court of Justice in the ‘Altun’ Case (C-359/16) on 9 November proposes that the host member state should “not to apply” the A1 form in the event of fraud but that this did not go far enough. He believes that this solution, if followed by the European Court of Justice, would create a source of legal insecurity.
The organisation would also like to enhance the conditions for posting and multi-activity with a real anchorage of the posted worker in the state of affiliation by requesting a minimum affiliation of at least three months to the social security of the country where the worker is sent and the obligation of exercising substantial activity in the country responsible for the posting, as well as in the country where the company is host to the employee. The REIF is also requesting improved rules for multi-activity.
To examine REIF’s position please see the following link (only available in French) : http://bit.ly/2j2pn4c (Original version in French by Pascal Hansens)