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Preliminary agreement on “Social Security”
A preliminary agreement between the European Parliament and the Council has been reached on the very sensitive revision of the “Social Security” Regulations.Amongst some of the main important changes foreseen we can point out :
- the need for a mandatory period of 3 months prior affiliation in the “home” Member State before being able to post a worker in another Member State;
- the need to have an interruption period of 2 months between 2 postings;
- a specific procedure for contesting the validity of an A1 document, with the possibility for the “receiving country” to rectify or withdraw an A1 form in case of error or fraud or if it is incomplete;
- some criteria have been included, in order to determine the “real” location of a business. They include criteria that are both related to the worker (e.g. the effective working time performed in each Member State) and to the company (e.g. place where the habitual nature of the activity is pursued).
The preliminary agreement now needs to be endorsed both by the Parliament and the Council and given the delicate balance that was reached in the latter during the negotiations, it cannot yet be considered a done deal.
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