deen
deen

Social security of migrant workers – fraudulently obtained certificate

In its decision of 02.04.2020, the ECJ held that Regulation EC 647/2005 must be interpreted as meaning that the courts of a Member State, which are involved in legal proceedings against an employer who has fraudulently obtained or used E101 or A1 certificates issued to employees working in the Member State,

 may only establish the existence of fraud and, as a consequence, disregard the certificates if they have previously been satisfied,

– that the procedure provided for in Article 84a III of this Regulation was initiated without delay. The relevant institution of the issuing State shall be requested to verify whether the certificates were issued legitimately, based on the known facts, and

– that the relevant institution of the issuing State has failed to carry out such an examination and has not issued an opinion within a reasonable time and has declared the certificates to be invalid or withdrawn.

Furthermore, according to the ECJ, Article 11 I of Regulation EC 647/2005 and the principle of the primacy of Union law must be interpreted in such a way that civil courts are prevented from ordering employers to pay compensation for damages based on the criminal conviction of the fraud alone.

 

Related Posts

Chinesische Flagge vor traditionellem Gebäude

China News – Visa-free Entry

Visa-free entry for German citizens to China German citizens can enter China visa-free from December 1st, 2023 to November 30th, 2024. The same applies to citizens of France, Italy, the Netherlands, Spain and Malaysia. Visa...
IAC International Assignment Consulting

Cross-border temporary agency work: ECJ concretises the criterion of usual activity

Due to generally much lower tax rates than in Western European countries, temporary workers (especially from Eastern European countries) are covered by social security in the country of establishment of the temporary employment agency and...

Latest blogs on global assignments

Japan News
20. February 2024
UK News
16. February 2024
Bilateral social security agreement Austria-Japan
16. February 2024
Working from Home – News
16. February 2024
Ireland News
29. January 2024
South Korea News
12. January 2024

Get the latest information on "International Personnel Management - assignments worldwide".

X
X
X