Loss of right to unemployment benefits when working abroad?

Questioner

I work as a PhD researcher for a university as an employee, I would like to work on my dissertation in Marseille, France from December 2023 to April 1, 2024 (which is also the end date of my employment contract). I do not work for a French employer and am only employed in the Netherlands, I also remain registered at my Dutch address where I also stay for a week each month. I rent a holiday accommodation in France for those months. However, my employer says that I could lose my right to unemployment benefits if I work in France, is this correct? By the way, I am also on 50% sick leave at the moment. According to the HR department, I cannot move abroad because I would lose my right to social security according to EC regulation, 833/2004 article 13 paragraph 1 sub a, but is this correct? Other colleagues of mine worked from abroad during the pandemic without any problems and I don't understand why this is different for me.

Lawyer

It is a rather complex situation and to be completely sure of your situation, you should consult a specialized lawyer or attorney. However, I can give a general explanation based on your question. The main rule according to European regulations in Regulation (EC) No 883/2004 on the coordination of social security systems is that you are insured in the country where you work, regardless of where you live. There are some exceptions, but they seem to apply to employees who usually work in more than one country, which does not seem to apply to you. You are about to finish your current job in Amsterdam, but you have planned to stay in France for the last few months of your contract. You do not plan to work in France for a local employer, but you want to continue working for your current Dutch employer. According to this information, you would normally remain subject to Dutch social security legislation, because you are working in the Netherlands. Your situation is further complicated by the fact that you are on 50% sick leave. This could affect your ability to travel abroad. Although you did not specifically ask about this, it may be a relevant factor in your considerations. Of course, this is just a general explanation based on the information you have provided. This is a complex issue with many variables and possibly other relevant facts that you have not mentioned. It is therefore strongly recommended that you seek specialized legal advice on this matter. Also, keep in mind that there may be ethical issues surrounding working from abroad on sick leave. You must not be misleading about your situation. Your employer may also have specific rules about working from abroad that you must follow. It may also be that your employer has a specific interpretation of the relevant European regulations that is different to the information you have been given here. This is something you should discuss with them and possibly with a specialist lawyer or attorney, who would be better able to interpret the specific facts of your situation and connect these with the relevant laws and regulations. Finally, make sure you formally document every step you take in this situation to avoid any misunderstandings or problems in the future.' ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer