Book contents
- Frontmatter
- Contents
- Introductory Comments
- Part I Preliminary Part
- Part II Conflicts of law of individual labour law in the light of the Rome Convention of June 19, 1980 and Regulation of the European Parliament and the Council of the European Communities No. 593/2008 of June 17, 2008 on the law applicable to contractual obligations (“Rome I”)
- Part III Conflict of law issues in individual labour law in light of the Regulation (EC) No. 864/2007 of the European Parliament and the Council of the EU (July 11, 2007), concerning law applicable to Non-Contractual Obligations (“Rome II”)
- Part IV Conflicts of law in collective labour law
- Part V Conflicts of law in social security – the coordination of national social security systems of EU Member States according to the regulation of the European Parliament and Council Regulation (EC) No. 883/2004 of April 29, 2004 on the coordination of social security systems
- Chapter 1 The function of European social security regulations
- Chapter 2 The scope and method of application of Regulation No. 883/2004
- Chapter 3 The Determinants of Coordinating Laws
- Part VI International procedural labour law of the European Union
- Selected bibliography
Chapter 3 - The Determinants of Coordinating Laws
from Part V - Conflicts of law in social security – the coordination of national social security systems of EU Member States according to the regulation of the European Parliament and Council Regulation (EC) No. 883/2004 of April 29, 2004 on the coordination of social security systems
Published online by Cambridge University Press: 05 September 2014
- Frontmatter
- Contents
- Introductory Comments
- Part I Preliminary Part
- Part II Conflicts of law of individual labour law in the light of the Rome Convention of June 19, 1980 and Regulation of the European Parliament and the Council of the European Communities No. 593/2008 of June 17, 2008 on the law applicable to contractual obligations (“Rome I”)
- Part III Conflict of law issues in individual labour law in light of the Regulation (EC) No. 864/2007 of the European Parliament and the Council of the EU (July 11, 2007), concerning law applicable to Non-Contractual Obligations (“Rome II”)
- Part IV Conflicts of law in collective labour law
- Part V Conflicts of law in social security – the coordination of national social security systems of EU Member States according to the regulation of the European Parliament and Council Regulation (EC) No. 883/2004 of April 29, 2004 on the coordination of social security systems
- Chapter 1 The function of European social security regulations
- Chapter 2 The scope and method of application of Regulation No. 883/2004
- Chapter 3 The Determinants of Coordinating Laws
- Part VI International procedural labour law of the European Union
- Selected bibliography
Summary
General principles
Article 11, paragraph 1 of Regulation No. 883/2004 as a basic principle uses the legislation of only one Member State when applying to the laws to an insured person. The applicable national social security legislation applicable to the insured is indicated by using determinants listed in Title II, “Determination of the applicable legislation” of the regulation (Article 11–Article 16). Under the provisions of Article 12–Article 16 of the Regulation:
– persons in a Member State carrying out employment or self-employment are subject to national social security law in force in the country in which the work is carried out. The law applicable to the social security of the persons (lex securitatis) are the provisions of creating the insurance status in the workplace (lex loci laboris) (Article 11, paragraph 3, point “a”);
– civil servants subject to the legislation of a Member State to which the administration employing them is subjected to (Article 11, paragraph 3, point “b”). If a civil servant carries out business in another Member State, the competent social security institution informs the pre-designated institution in that Member State (Article 15 of the Implementing Regulation No. 987/2009). Used in Article 15 of the Implementing Regulation No. 987/2009 are the terms “competent institution” and “designated institution,” which are defined in the glossary of legal terms set out in Article 1 of Regulation No. 883/2004.
- Type
- Chapter
- Information
- European Union Private International Labour Law , pp. 220 - 248Publisher: Jagiellonian University PressPrint publication year: 2012