Decision No 125 of 17 October 1985 concerning the use of the certificate concerning the applicable legislation (form E 101) where the period of posting does not exceed three months
Date: 1985-10-17
Institutions: Administrative Commission on Social Security for Migrant Workers, European Commission
Subjects: expatriate worker, form, social-security harmonisation, worker (EU)













EUR-Lex - 31986Y0125 - EN






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31986Y0125

Decision No 125 of 17 October 1985 concerning the use of the certificate concerning the applicable legislation (form E 101) where the period of posting does not exceed three months  


Official Journal C 141 , 07/06/1986 P. 0003 - 0003 





ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR  MIGRANT WORKERS DECISION No 125 of 17 October 1985 concerning the use of the certificate concerning  the applicable legislation (Form E 101) where the period of posting does not exceed three months  (86/C  141/03)THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY  FOR MIGRANT WORKERS,Having regard to Article 81 (a) of Council Regulation (EEC) No 1408/71, under  which it is made responsible for dealing with all administrative matters relating to the  application of the said Regulation,Whereas Decision No 97 should be amended in the light of the  provisions of Council Regulation (EEC) No 3795/81 of 8 December 1981, which entered into force on 1  July 1982;Whereas the conditions of modern economic life make it necessary for many employees of  industrial, commercial and agricultural undertakings to make frequent brief trips abroad for the  benefit of the undertaking by which they are employed;Whereas it is difficult in such cases to  obtain in time, prior to their departure, a certificate concerning the applicable legislation from  the designated institution of the country in which the undertaking has its registered  office;Whereas there are grounds for making the procedure for issuing the certificate concerning  the applicable legislation more flexible in order to ensure that the insured person carries with  him a document showing that he is staying in one of the Member States on business and that he  remains covered by the legislation of the country in which the undertaking by which he is employed  is situated,HAS DECIDED AS FOLLOWS:1.  For periods of posting not exceeding three months the  institution referred to in Article 11  (1) of Regulation (EEC) No 574/72 may issue to undertakings,  on request, copies of Form E 101 bearing a serial number, of which it shall complete only box 5,  without, however, indicating the date.2.  The undertaking shall complete two copies of the form.  One of these copies shall be handed to the worker prior to his departure and the other copy shall  be sent within 24 hours to the designated institution of the country in which the undertaking has  its registered office.3.  This Decision, which replaces Decision No 97, shall enter into force on  the first day of the month following its publication in the Official Journal of the European  Communities.The Chairmanof the Administrative CommissionG. SCHROEDER  DECISION  No 126 of 17 October 1985 concerning the application of Articles 14  (1)  (a), 14a  (1)  (a), 14b   (1) and (2) of Regulation (EEC) No 1408/71 (86/C  141/04) THE ADMINISTRATIVE COMMISSION OF  THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERSHaving regard to Article 81  (a) of  Council Regulation (EEC) No 1408/71, under which it is made responsible for dealing with all  administrative matters arising from Regulation (EEC) No 1408/71 and Council Regulation (EEC) No  574/72,Whereas Decision No 98 should be amended to take account of the provisions of Regulations  (EEC) No 1390/81 and (EEC) No 3795/81, which entered into force on 1 July 1982;Whereas Articles 11  and 11a of Regulation (EEC) No 574/72 provide that a certificate concerning the applicable  legislation will be issued to the worker at his own or his employer's request in the cases referred  to in Articles 14 (1) and 14b (1) and in Articles 14a  (1)  (a) and 14b  (2) respectively of  Regulation (EEC) No 1408/71;Whereas Articles 11 and 11a of Regulation (EEC) No 574/72 do not  prescribe any time limit for the issue of the certificate,HAS DECIDED AS FOLLOWS:1. The institution  referred to in Articles 11 and 11a of Regulation (EEC) No 574/72 shall issue a certificate  concerning the applicable legislation (Form E 101), even if the issue of such a certificate is  requested after the commencement of the occupation pursued in the State other than the competent  State by the worker referred to in Articles 14  (1)  (a), 14a  (1)  (a), 14b  (1) and (2) of  Regulation (EEC) No 1408/71.2.  This Decision, which replaces Decision No 98 of 4 February 1975,  shall enter into force on the first day of the month following its publication in the Official  Journal of the European Communities.The Chairmanof the Administrative CommissionG. SCHROEDER