The LCGB, the majority union in the transport sector in Luxembourg, has called for continued social security affiliation for cross-border workers in the sector.
In a statement published on Friday, the LCGB claimed that many cross-border workers in the transport sector had received letters from the Joint Social Security Centre (Centre commun de la Sécurité sociale) stating that their affiliation had been invalidated.
The union recalled that, in the event of a salaried activity in two or more countries, European Regulation 987/2009 provides that the employer is required to inform the competent authority of the employee's country of residence, which determines the applicable legislation as soon as possible. As the prescribed two-month deadline is not always respected, the drivers concerned can find themselves in a legal vacuum. Although they still retain the right to health care benefits for three months, other social cover (pensions, accident, family benefits) are no longer guaranteed.
The LCGB stressed that employees could under no circumstances be the victim of collateral damage caused by these European provisions. As the right to social security is a fundamental human right, the LCGB claimed that while awaiting the decision which legislation is applicable, each employee should keep his / her compulsory affiliation in Luxembourg, even on a provisional basis. Subsequently, it would be up to the various institutions to resolve any problems. In this context, the union will meet with Luxembourg's Minister of Social Security and the Joint Social Security Centre in order to proceed with the immediate reaffiliation of all the employees concerned.
The LCGB also recalled that foreword number 1 of Regulation (EC) 883/2004 clearly mentions that “the rules for the coordination of national social security systems are part of the free movement of persons and should contribute improving their standard of living and working conditions”. Under this regulation, according to the union, the social security affiliation of the drivers concerned should thus be maintained as long as the insured is not affiliated with the institution of the employee's country of residence.
