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Global Mobility Insights - Winter 2022 / 2023 loyed persons and those working in several countries. The certificate states which country’s social security legislation is to be applied to the person while working abroad. The same person can be granted a certificate several times in one year. A1 Certificate Certificate of individual’s affiliation to an EU social security regime and effective solely in the area of social security, and not in Labour law. Useful to prove payment of social contributions in another EU country: If you are a posted worker or work in several countries at the same time. Issued by home country’s social security institution. S1 Certificate Certificate of entitlement to healthcare, if you do not live in the country where you are insured. Useful for posted workers, cross-border workers, pensioners and civil servants and their dependents. Submit it to any health insurance authority in the country where you live/work. Concept of remuneration Remuneration, as far as posted workers are concerned, includes all the constituent elements of remuneration rendered mandatory by national law or by collective agreements which have been declared universally applicable. Do the same rules apply to short term postings? Legislation applies to all postings, irrespective of their duration. However, some provisions of the Directive are not applicable to a short-term posting or allow host Member States not to apply their rules to postings of short duration. First, there is a mandatory exception in cases of initial assembly and/or first installation of goods when the posting does not exceed eight days. In these cases, the rules of the Directive on minimum paid annual leave and remuneration do not apply. * The exception does not apply to the construction sector. 32 convinus.com
Global Mobility Insights - Winter 2022 / 2023 Secondly, there are options for host Member States not to apply some of the rules when the length of the posting does not exceed one month. Additionally, several host Member States have exempted short-term postings or other types of postings from certain requirements that they impose, in particular from the requirement to make the declaration prior to the posting. Do the rules apply to business travellers? Workers who are sent temporarily to work in another Member State, but do not provide hands-on work, are not considered as posted workers. This is the case, for instance, for workers on business trips (when no productive work takes place), and those attending conferences, meetings, fairs, undertaking training etc. or working remotely. These workers are not covered by the ‘Posting of Workers’ Directives and, therefore, the rules on minimum wages or on mandatory registration procedures do not apply to them. What happens in Greece? Legislation Presidential Decree 30/2021: Published on 11 May 2021, incorporates the Initial Directive 96/71/EC and the Directive (EU) 2018/957 in the Greek legal system. Greek law of posting applies to companies established in a Member State which, in the context of providing services, proceeds to the secondment. convinus.com 33
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