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DOI: 10.5553/EELC/187791072022007004016

European Employment Law CasesAccess_open

Rulings

ECJ 13 October 2022, case C-713/20 (Raad van bestuur van de Sociale verzekeringsbank), Social insurance

Raad van bestuur van de Sociale verzekeringsbank – v – X & Y., Dutch case

Keywords Temporary agency work
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, "ECJ 13 October 2022, case C-713/20 (Raad van bestuur van de Sociale verzekeringsbank), Social insurance", European Employment Law Cases, 4, (2022):203-204

    A person residing in a Member State who carries out, through a temporary employment agency established in another Member State, temporary work assignments in the territory of that other Member State, is during the intervening periods between those temporary work assignments subject to the national legislation of the Member State in which he or she resides, providing that, by reason of the temporary contract, the employment relationship ceases during those periods.

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    • Summary

      A person residing in a Member State who carries out, through a temporary employment agency established in another Member State, temporary work assignments in the territory of that other Member State, is during the intervening periods between those temporary work assignments subject to the national legislation of the Member State in which he or she resides, providing that, by reason of the temporary contract, the employment relationship ceases during those periods.

    • Question

      Must Article 11(3)(a) and (e) of Regulation No 883/2004 be interpreted as meaning that a person residing in a Member State who carries out, through a temporary employment agency established in another Member State, temporary work assignments in the territory of that other Member State is subject, during the intervening periods between those temporary work assignments, to the national legislation of his or her Member State of employment, or to the national legislation of his or her Member State of residence?

    • Ruling

      Article (11)(3)(a) and (e) of Regulation No 883/2004 must be interpreted as meaning that a person residing in a Member State who carries out, through a temporary employment agency established in another Member State, temporary work assignments in the territory of that other Member State is to be subject, during the intervening periods between those temporary work assignments, to the national legislation of the Member State in which he or she resides, provided that, by reason of the temporary contract, the employment relationship ceases during those periods.


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