Atypical work and residence in cross-border situations: The coordination of unemployment benefits

Abstract

This article analyses the potential challenges related to the coordination of unemployment benefits under European Union law for persons whose employment or other economic activities and living arrangements are, in one way or another, dispersed across the territories of several EU Member States. Starting from the traditional cases of frontier workers and other cross-border (or mobile) workers, on the one hand, and remote work or telework, on the other, the article looks at the potential future of free movement in the EU under Regulation (EC) No. 883/2004 and its implementing regulation, Regulation (EC) No. 987/2009. New forms of work and work organisation, alongside new mobility and residency patterns, challenge the basic rules of lex loci laboris (the country of employment is competent) and lex loci domicilii (the country of residence is competent), especially when they collide in a single case. At the same time, unemployment benefits, which are at the heart of this debate, still remain subject to specific coordination (e.g. competence) rules that depart from the general legislation, possibly making effective provision in such cases even more difficult. The article gives a diverse collection of theoretical examples in which cross-border situations are either in themselves atypical and complex, or accompanied and made possible by new forms of work or work organisation, causing specific problems for the adequate and appropriate provision of unemployment benefits.