Social security during employment abroad is determined by social security
regulations and agreements between countries
The social security regulations of the EU form a system that aims to
consolidate the social security schemes of different countries. A social
security agreement, on the other hand, is a bilateral agreement between
countries. Regulations and agreements are all used to determine the rights of
persons moving between countries to receive social security, and to define
the responsibility of the agreement countries in implementing social
security benefits. The aim is to secure the continuance of
social security when moving from one country to another, and prevent
situations where a person would receive double social security benefits or pay
double social security contributions. On the other hand, the aim is also
to remove the restrictions on the entitlement to social security
benefits.
Social security for persons moving between Member States is
determined by the social security Regulation of the EU. Regulation
883/2004 replaces Regulation 1408/71 starting 1 May, 2010. Regulation 883/2004
initially applies only to EU countries and EU citizens. Regulation 1408/71 is
thus still applied to persons moving within EEA countries and
Switzerland.
EU countries: Austria, Belgium, Bulgaria, Cyprus, the Czech Republic,
Denmark, Estonia, Finland, France, Germany, Great Britain, Greece, Hungary,
Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland,
Portugal, Romania, Slovakia, Slovenia, Spain and Sweden.
EEA countries: Iceland, Liechtenstein and Norway
In addition, Finland has concluded bilateral social security agreements with
the following countries: Australia, Chile, Israel, Canada, Quebec and the
United States.
Every country has its own rules
The level of social security and the benefits awarded are always determined
according to the national legislation of the country in question, but the
agreements and regulations determine in which situations and how the national
legislation is applied to persons who move from one Member State to another.
One central principle of the social security agreements and the EU Regulation
is that people are treated equally. The starting point is that a citizen of the
other agreement country is guaranteed the same rights and is subject to the same
obligations as the country’s own citizens.
In many countries the social security legislation contains waiting periods of
several years which have to be met in order to be entitled to social security
benefits. However, on the basis of the social security agreements the insurance
periods accumulated in the other country can be taken into account. In this way
entitlement to benefits may arise also on the basis of employment periods
shorter than the waiting period. However, for instance the amount of the pension
is calculated separately in each country on the basis of the insured employment
in that country.
The agreements also include a so-called exportation principle, which means
that the accrued benefits are paid without restrictions to all agreement
countries to persons covered by a social security agreement or the EU
Regulation. An awarded benefit may usually not be cancelled, suspended or
reduced just because the recipient of the benefit moves from the country which
granted the benefit to another agreement country.
The aim of the social security agreements and the EU Regulation on social
security is also to arrange matters so that the person is only covered
by the legislation of one country at a time. Thus the person is usually
insured in and liable to pay social security contributions to only one country
at a time in accordance with the system prevailing there. The social security
agreements and the EU Regulation determine which country’s legislation is
applicable in each case to a person who moves from one country to another. The
main principle is that a person is covered by the social security of the country
of employment. Further information on the rules regarding insurance is available
here .
Without an agreement, no guarantee of a pension
If there is no social security agreement between countries (e.g. Russia as
well as Asian states and most South American countries), each country's
own national legislation is applied in both the country of origin and in the
country of destination. In that case nothing prevents the levying of double
contributions and all restrictions regarding entitlement to social security
benefits are in force in both countries. Usually the result is that the
contributions have to be paid twice at least partly but the social security
benefits received may still be deficient. Usually also the exporting of benefits
from the country is restricted.