Social security coordination within EU/EEA/Switzerland
There is no single European social security system. Each EU Member State has its own social security legislation and determines who is insured, what benefits are provided and under which conditions. To ensure that people do not lose their social security rights when moving within Europe, the EU has established common rules for the coordination of national social security systems. These rules do not replace national legislation but coordinate it, ensuring that individuals are subject to the legislation of only one country at a time and that their social security rights are protected when moving across borders.
The EU social security coordination rules apply to individuals who move between EU Member States or between the EU and Iceland, Liechtenstein, Norway or Switzerland. They determine which country's social security legislation applies and help ensure that individuals do not lose their social security rights when living or working across borders.
The coordination rules generally apply to:
- nationals of EU Member States, Iceland, Liechtenstein, Norway and Switzerland who are or have been subject to the social security legislation of one or more of these countries, as well as their family members and survivors;
- stateless persons and refugees residing in an EU Member State, Iceland, Liechtenstein, Norway or Switzerland who are or have been covered by the social security legislation of one or more of these countries, as well as their family members and survivors; and
- third-country nationals legally residing in the territory of an EU Member State whose situation involves more than one EU Member State, provided that they fulfil the conditions laid down in the applicable EU legislation.
The EU coordination rules are based on 4 key principles that protect individuals moving between Member States.
1. Only one country's legislation applies
As a general rule, a person is subject to the social security legislation of only 1 country at a time. This means that social security contributions are normally paid in a single country, even if the person lives or works in more than one country. The applicable legislation is determined in accordance with the EU coordination rules and cannot be chosen by the individual.
2. Equal treatment
Individuals covered by the legislation of a Member State enjoy the same rights and obligations as nationals of that country. They must not be discriminated against on the grounds of nationality.
3. Aggregation of periods
When determining entitlement to certain social security benefits, periods of insurance, employment, self-employment or residence completed in other Member States are taken into account where required by the applicable legislation.
4. Exportability of benefits
Certain cash benefits, including pensions and some other benefits, may generally be paid even if the beneficiary resides in another Member State, subject to the conditions laid down in the applicable legislation.
The EU social security coordination rules require institutions of Member States to cooperate and exchange information necessary for determining and implementing the social security rights of persons moving within Europe. According to Article 4 of Regulation (EC) No 987/2009, the exchange of data between institutions should be carried out electronically through a common secure framework.
The Electronic Exchange of Social Security Information (EESSI) system enables social security institutions across Europe to exchange information electronically in a faster, safer and more efficient way. It supports cooperation between institutions and contributes to the timely determination and granting of social security benefits.
The Slovak Republic participates in the EESSI system and has designated national Access Points that facilitate the electronic exchange of social security information between Slovak competent institutions and institutions in other participating countries:
theSocial Insurance Agency for social insurance matters;
the Central Office of Labour, Social Affairs and Family for labour, social affairs and family-related matters; and
the Healthcare Surveillance Authority for healthcare-related matters.
Within EESSI, institutions communicate through Structured Electronic Documents (SEDs), which replace the previous exchange of paper forms between institutions. Most communication takes place directly between the relevant social security institutions. However, in specific situations, a person moving between countries may still need a Portable Document (PD), such as the Portable Document A1, which certifies the applicable social security legislation.
The Portable Document A1 is issued by the competent social security institution upon request and confirms that the holder remains subject to the legislation of one Member State, for example when temporarily working in another Member State. It is advisable to request the document before moving or starting work abroad. If the person does not have the necessary information or documents, the relevant institutions can obtain the required data directly through the EESSI system.
More information:
Building on the principle that only 1 country´s legislation applies at a time, EU coordination rules establish mechanisms for determining which Member State's legislation applies in specific situations. The purpose of this rule is to avoid situations where a person is simultaneously subject to the social security systems of several countries or is left without social security coverage.
The applicable legislation determines in which country social security contributions must be paid and which country is responsible for providing social security protection. As a general rule, a person carrying out an employed or self-employed activity is subject to the legislation of the country where the activity is performed.
However, specific rules apply to persons in particular situations, such as:
- persons temporarily posted by their employer to another Member State;
- persons who normally work in two or more Member States;
- persons who are employed and self-employed in different Member States; or
- certain categories of workers, such as civil servants.
The competent social security institution assesses the individual circumstances of each case and determines which legislation applies. The Portable Document A1 serves as proof of the applicable social security legislation when a person carries out activities in another EU/EEA country or Switzerland while remaining insured under the legislation of another country.
For more information on common provisions safeguarding social security when being mobile throughout the Member States see the website of the European Commission.
The coordination of social security systems within the EU is governed mainly by:
- Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems;
Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004.
More information:
- European Commission – Your social security rights in Slovakia (country-specific guide)
Communication with social security institutions
Persons covered by EU social security coordination rules may submit applications, documents and other correspondence to social security institutions in an official language of any EU Member State. Choosing a language other than the one normally used by the institution may extend the processing time, but it can help ensure clear communication and prevent misunderstandings.
Posting of workers to another EU/EEA country or Switzerland
When an employer, including a university, research organisation or company, temporarily sends an employee to work in another EU/EEA country or Switzerland, the employee may remain subject to the social security legislation of the sending Member State, provided that the conditions for posting are fulfilled.
As a general rule, the anticipated duration of the work abroad must not exceed normally 24 months. For example, a researcher employed by a Slovak university may undertake a temporary research stay at a host research organisation in another Member State while remaining covered by the Slovak social security system.
The continuation of the social security coverage of the sending Member State is confirmed by the Portable Document A1, issued by the competent social security institution upon request. The A1 document certifies which country’s social security legislation applies during the period of temporary work abroad. In exceptional cases, the competent authorities of the countries concerned may agree on an extension beyond the 24-month period.
Working in several EU/EEA countries or Switzerland
A person who normally carries out work activities in two or more EU/EEA countries or Switzerland is also subject to the legislation of only 1 Member State. The applicable legislation is determined according to specific EU coordination rules, taking into account the person’s situation, including the place of residence, the employer(s), and the activities carried out in each country. For employed persons working for one or more employers in several countries, the assessment may also depend on whether a substantial part of the activity is carried out in the country of residence.
The competent social security institution determines the applicable legislation and issues the Portable Document A1 as confirmation. This ensures that the person and the employer know where social security contributions should be paid and which institution is responsible for social security coverage.
- For more information on EU rules safeguarding social security rights when moving within Europe, see the website of the European Commission.