To take better account of this new reality, the Member States of the European Union have drawn up a new framework agreement in the field of social security allowing, in the majority of cases, to work a greater number of days of work from home without a change of affiliation.
On June 5, 2023, the Minister of Social Security, Claude Haagen, signed the new Framework Agreement for usual cross-border telework.
In accordance with the new provisions, a frontier worker now has the possibility of carrying out his duties in his country of residence, in particular in the form of teleworking, while remaining subject to the social security legislation of the Member State where the registered office is located. or the place of establishment of his employer provided that:
- The worker’s country of residence and the country in which the employer is established have both signed the framework agreement;
- The working time exercised in the country of residence is less than 50% of the worker’s actual working time.
This framework agreement will enter into force on July 1, 2023, immediately after the end of the pandemic-related transitional period. The agreement was concluded for an initial term of 5 years.
Among Luxembourg’s neighboring countries, it should be noted that Germany has already signed the framework agreement, while Belgium is committed to signing it soon. Belgium also assumes the role of depositary state for the signatures of this agreement.
In this context, the competent Belgian services have put a dedicated site online: Socialsecurity.belgium.be
This contains the full list of Member States that have signed the agreement.
This initiative marks an important step towards deeper integration within the European Union by promoting the free movement of people within the Union, while preserving their right to social security.
“Through this agreement, Luxembourg is pursuing its commitment to promoting cross-border mobility, which is so important for the Greater Region, by helping to create a favorable environment for cross-border workers. With the application of this new agreement, geographical borders will no longer be a kind of hindrance to cross-border teleworking, but cross-border workers will be able to benefit from new working methods avoiding long journeys and therefore a better balance between professional and private life”, underlined Claude Haagen during the signing.
This framework agreement was drawn up by the Administrative Commission for the coordination of social security systems in the European Union, in application of article 16, paragraph 1, of European regulation n° 883/2004 on the coordination of social security systems. social Security
It is emphasized that these provisions only apply to the field of social security. Tax provisions are governed by specific separate bilateral agreements.
Regarding the procedures for the implementation of this agreement, these will be communicated later.
Communicated by the Ministry of Social Security