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Decision No 205Show full title

Decision No 205 of 17 October 2005 on the scope of the notion of partial unemployment with regard to frontier workers (Text of relevance to the EEA and to the EU/Switzerland Agreement) (2006/351/EC)

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1.With respect to the application of Article 71(1)(a) of the Regulation, determination of the nature of unemployment (that is to say partial or whole) shall depend on whether or not any contractual employment link exists or is maintained between the parties, and not on the duration of any temporary suspension of the worker’s activity.

2.If a frontier worker remains employed by an undertaking in a Member State other than that in whose territory he resides, but his activity is suspended although he can return to his post at any time, the said worker shall be regarded as partially unemployed, and the corresponding benefits shall be provided by the competent institution of the Member State of employment in accordance with Article 71(1)(a)(i) of Regulation (EEC) No 1408/71.

3.If a frontier worker, in the absence of any contractual employment link, no longer has any link with the Member State of employment (for example because the employment contract link has been terminated or has expired), he shall be regarded as wholly unemployed in accordance with Article 71(1)(a)(ii) of Regulation (EEC) No 1408/71, and benefits shall be provided by the institution of the place of residence at its own expense.

4.This decision shall apply from the first day of the month following its publication in the Official Journal of the European Union.

The Chair of the Administrative Commission

Anna Hudzieczek

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