Decision No 131 of 3 December 1985 concerning the scope of Article 71 (1) (b) (II) of Council Regulation (EEC) No 1408/71 relating to the right to unemployment benefits of workers, other than frontier workers, who, during their last employment, were residing in the territory of a Member State other than the competent State
Date: 1985-12-03
Institutions: Administrative Commission on Social Security for Migrant Workers, European Commission
Subjects: international transport, social-security harmonisation, unemployment insurance, worker (EU)













EUR-Lex - 31986Y0131 - EN






Avis juridique important




|



31986Y0131

Decision No 131 of 3 December 1985 concerning the scope of Article 71 (1) (b) (II) of Council Regulation (EEC) No 1408/71 relating to the right to unemployment benefits of workers, other than frontier workers, who, during their last employment, were residing in the territory of a Member State other than the competent State  


Official Journal C 141 , 07/06/1986 P. 0010 - 0011 





DECISION No 131 of 3  December 1985 concerning the scope of Article 71  (1)  (b)  (ii) of Council Regulation (EEC) No  1408/71 relating to the right to unemployment benefits of workers, other than frontier workers,  who, during their last employment, were residing in the territory of a Member State other than the  competent State (86/C  141/08)THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON  SOCIAL SECURITY FOR MIGRANT WORKERS,Having regard to Article 81  (a) of Regulation (EEC) No  1408/71, under which it is made responsible for dealing with all matters of interpretation arising  from Council Regulations (EEC) No 1408/71 and (EEC) No 574/72,Having been requested to decide which  workers are referred to in Article 71  (1)  (b)  (ii) of Regulation (EEC) No 1408/71,Whereas the  categories of workers expressly referred to by Decision No 94 of 24 January 1974 should be extended  and this Decision amended accordingly,Whereas Article 71 of the said Regulation lays down special  rules concerning the granting and the payment of unemployment benefits to unemployed persons who,  during their last employment, resided in a Member State other than the competent State;Whereas the  determining factor for the application of Article 71 in its entirety is the fact that the person  concerned resided during his last employment in a Member State other than the one to the  legislation of which he was subject, which does not necessarily correspond to the one in which he  was employed;Whereas, according to the definition given in Article 1  (h) of Regulation (EEC) No  1408/71, the term 'residence' means habitual residence, 'stay' being defined as temporary residence  in subparagraph  (i) of that Article;Whereas the workers referred to in Articles 14  (1) and 14b   (1) of Regulation (EEC) No 1408/71 are presumed in the absence of proof to the contrary to reside  in the competent State;Whereas it ensues from the provisions of Article 1  (b) and (c) of  Regulation (EEC) No 1408/71 that frontier workers and seasonal workers have their place of  residence in a country other than the country of employment, which, by virtue of Article 13  (2)   (a) of the said Regulation is the competent country and that there is therefore no doubt that such  workers are covered by Article 71 of the same Regulation;Whereas the categories of workers referred  to by Articles 13  (2)  (c), 14  (2)  (a) and (b) and 3 of Regulation (EEC) No 1408/71 are likely  to reside, in certain cases, in a Member State other than the State determined as being competent  under that Article;Whereas for the categories of workers referred to by Articles 13  (2)  (c), 14   (2)  (a) and (b) and 3 above, determining in what State such workers have their place of residence  must be examined on a case by case basis and whereas this must be done for workers referred to in  Article 14  (2)  (a) and (b) for the purposes of their affiliation;Whereas, under Article 71  (1)   (a)  (ii) and (b)  (ii), responsibility for the payment of benefits is transferred from the  competent State to the country of residence where the person concerned puts himself at the disposal  of the employment services of the latter country;Whereas, although this is acceptable in the case  of frontier workers and of seasonal workers and of certain other categories who likewise retain  close links with their country of origin, it would no longer be acceptable if, by too broad an  interpretation of the concept of 'residence', the field of application of Article 71 of Regulation  (EEC) No 1408/71 were to be extended to include all migrant workers who have fairly stable  employment in a Member State and who have left their families in their country of origin;Acting in  accordance with the provisions of Article 80 (3) of Regulation (EEC) No 1408/71,HAS DECIDED AS  FOLLOWS:1.  In addition to seasonal workers, Article 71  (1)  (b)  (ii) of Regulation (EEC) No  1408/71 shall apply in particular to the following categories of workers:(a)  workers referred to  in Article 13  (2)  (c) of the said Regulation;(b)  workers employed in international transport as  referred to in Article 14  (2)  (a) of the said Regulation;(c)  workers other than workers employed  in international transport who normally pursue their occupation in several Member States as  referred to in Article 14  (2)  (b);(d)  workers employed by an undertaking straddling a common  frontier as referred to in Article 14  (3);where they resided during their last employment in a  Member State other than the competent State.2.  Workers referred to in paragraph 1, who during  their last employment were subject to the legislation of a Member State other than the State of the  place of employment shall be eligible for benefits according to the provisions of the legislation  of the State of residence, as if they had previously been subject to that legislation.3.  Workers  referred to in Articles 14  (1) and 14b  (1) shall be presumed, in the absence of proof to the  contrary, to reside in the competent State.4.  This Decision, which replaces Decision No 94 of 24  January 1974, 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