WORKING ABROAD AND MEMBERSHIP

IN THIS BOOKLET, YOU WILL FIND

GENERAL RULES ON WORKING AND

LIVING IN EEA STATES AND OTHER

COUNTRIES.

THE BOOKLET IS NOT EXHAUSTIVE.

IF YOU HAVE QUESTIONS, PLEASE

CONTACT HK’S UNEMPLOYMENT

INSURANCE FUND.

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CONTENT

1. If you get work in an EEA state 41.1 The EEA states comprise: 4

2. Where you have to be insured 42.1 Employee in another EEA state 42.2 Self-employed in another EEA state 42.3 Continued membership of HK’s unemployment insurance fund 42.4 Consequences of incorrect and double insurance 5

3. Transfer of insurance and work periods 53.1 To be a frontier worker in an EEA state 63.2 Other countries + Greenland 63.3 The Faroe Islands 7

4. Posting abroad 84.1 Posting for more than 2 years 84.2 Posting for up to 3 years 8

5. Membership/renewed membership of HK´s unemployment insurance fund 85.1 Membership within the last 5 years 85.2 Membership more than 5 years ago – or never a member 10

6. Voluntary early retirement 10

7. When you return to Denmark 107.1 Application for a PD U1 document/E 301 certificate 11

8. Work in the Øresund region 118.1 Working in Sweden – living in Denmark 118.2 Working in Denmark – living in Sweden 11

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1. IF YOU GET WORK IN AN EEA STATE

The member states of the European Union and a group of other European countries have entered into a cooperation agreement on social security, the “EEA Agreement”. The EEA Agreement in-cludes, among other things, a number of common rules on unemployment insurance.

1.1 The EEA states comprise:Austria – The Azores (Portugal) – the Balearic Islands (Mallorca, Ibiza) (Spain) – Belgium – Bulgaria – the Canary Islands (Spain) – Ceuta (Spain) – Cyprus (the southern part of the island) – the Czech Republic – Denmark – Estonia – Finland – France – Germany – Gibraltar (Great Britain) – Great Britain and Northern Ireland – Greece – Guadeloupe (France) – Guyana (France) – the Hebrides (Great Britain) – Hungary – Iceland – Ireland – the Isle of Wight (Great Britain) – Italy – Latvia – Liechtenstein – Lithuania – Luxembourg – Madeira (Portugal) – Malta – Martinique (France) – the Netherlands – Norway – Poland – Portugal – Réunion (France) – Romania – Slovakia – Slovenia – Spain – Sweden – Switzerland – Åland (Finland).

2. WHERE YOU HAVE TO BE INSUREDIn principle, you have to be insured in the country where you work. If you get a job in another EEA state, you should, as a general rule, be insured there, and you will therefore have to cancel your membership of HK’s unemployment insurance fund. Please be sure that you are covered by un-employment insurance in the other country before you cancel your membership of HK’s unemploy-ment insurance fund.

2.1 Employee in another EEA stateNormally, if you get work in another EEA state, you will automatically be insured there. In most EEA states, contributions to unemployment insur-ance are deducted via your pay and through the employer’s insurance contributions. You should always ensure that you are covered by unemploy-ment insurance in another EEA state.

2.2 Self-employed in another EEA stateSince 1 May 2010, it has been possible for self-employed members to transfer membership and insurance periods between EEA states.

If you start up a self-employed business as your principal occupation in another EEA state, you will, as a general rule, have to be insured there.

If the EEA state does not offer unemployment in-surance for self-employed, you will be able to keep your membership in HK’s unemployment in-surance fund.

2.3 Continued membership of HK’s unemploy-ment insurance fundIf you cannot be comprised by the other country’s unemployment insurance, you are always entitled to retain your membership of HK’s unemployment insurance fund. In this case, you must be able to document to HK’s unemployment insurance fund that you cannot be insured in the other EEA state.

This documentation must be issued by the com-petent authority in the other EEA state.

If you still choose to cancel your membership of HK’s unemployment insurance fund without being insured in another EEA state, this will affect your right to unemployment benefit and any later right

THE EEA AGREEMENT

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to early retirement. Therefore, please always con-tact us before you cancel your membership.

2.4 Consequences of incorrect and double in-suranceIt is very important that you are insured in the right country. If you are not insured correctly, this may have serious consequences. The conse-quences depend on the length of the period of in-correct and double.

At worst, you will not be able to receive unem-ployment benefits and when not before you have worked full-time for at least 1 year and been cor-rectly insured during this period. This applies even if you have retained your membership of HK’s un-employment insurance fund. It may also mean that, at worst, you will lose your right to early re-tirement. Therefore, always ask us, if you are in doubt.

3. TRANSFER OF INSURANCE AND WORK PERIODS

According to the EEA rules, you will be able to transfer insurance and work periods between the EEA states. This means that, when moving to an-other EEA state, you need not start over as unem-ployment insured and that you will be covered by the unemployment insurance applicable to this country.

Therefore, you can also include these periods in case of unemployment in another EEA state. However, please keep in mind that the rules for receiving unemployment benefits vary from coun-try to country. You should always contact the other country’s unemployment insurance fund.

If you need documentation of insurance and work periods from Denmark, you have to apply for a PD U1  document/E 301 certificate by filling in and submitting the EØS4 form. You can find the form on the website of borger.dk.

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3.1 To be a frontier worker in an EEA stateAs a wage earner or self-employed you are a frontier worker if you work in one EEA state and reside in another and if you return to your country of residence at least once a week. If you do not return to your country of residence at least once a week, you will be considered as being an “other worker than a frontier worker”.

As a frontier worker, you must be insured in the EEA state where you work.

If – as a frontier worker – you are partially or peri-odically unemployed, for example if you are en-gaged in a work-sharing scheme, you will receive unemployment benefits in the EEA state where you work, according to the rules of this country.

If you lose your job, will receive unemployment benefits in your county of residence, and accord-ing to the rules applicable here.

If you return to your place of residence less than once a week when working in another EEA state, you may instead choose to receive unemployment benefits in the country where you have worked, provided that you continue to make yourself avail-able on the job market there.

As an unemployed frontier worker or an “other worker than a frontier worker”, you can also choose to make yourself available on the job mar-ket in your country of residence as well as in your latest country of work. You must follow the rules on availability in the country where you receive unemployment benefits.

3.2 Other countries + GreenlandYou can retain your membership of HK’s unem-ployment insurance fund when you work in Greenland or other countries (outside the EEA).

If you are not already insured in Denmark, you will, on certain conditions, be able to become in-sured on the basis of your work in Greenland or other countries.

You must meet the following conditions: ⁄ You must be posted by a Danish employer. ⁄ Your work in Greenland/other countries must

be temporary and for a limited number of years (in practice no more than 6 years).

⁄ You must have had your place of residence and lived in Denmark immediately before you began to work in Greenland/other countries.

⁄ You must apply for membership of HK’s unem-ployment insurance fund no later than 1 year after having moved to Greenland/other coun-tries.

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3.3 After having worked in the Faroe Islands, you can become a member of HK’s unemploy-ment insurance fund in the following circum-stances: ⁄ If you have previously been a member of a

Danish unemployment insurance fund, you can become a member if you submit an application for admission to the unemployment insurance fund within 8 weeks from the date you ceased to be insured in the Faroe Islands.

⁄ If you have not previously been a member of a Danish unemployment insurance fund, you can become a member on the basis of employment during an insurance period in the Faroe Is-lands. In this case, it is also important that – within 8 weeks from the date on which you ceased to be insured in the Faroe Islands – you submit an application for membership to the unemployment insurance fund.

⁄ You will not be entitled to membership – nor to unemployment benefits – until the date on which HK’s unemployment insurance fund has received your written application for member-ship. If you want to receive unemployment benefits, you also need to register as unem-ployed on jobnet.dk.

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4. POSTING ABROAD

If you are posted abroad, in another EEA state, by your Danish employer, you may be comprised by the Danish rules on social security. You may also retain your membership of HK’s unemployment in-surance fund.

The conditions for retaining your membership of HK’s unemployment insurance fund are: ⁄ you are posted abroad by a Danish employer ⁄ you are salaried by the Danish employer ⁄ you were covered by the Danish rules on so-

cial security when leaving ⁄ your expected work period abroad does not

exceed 2 years. However, it is possible to be covered for up to 3 years, see below

⁄ you are not posted in order to replace another person whose posting period has expired.

In order to be covered by the Danish rules during your posting, you or your employer must ask at borger.dk. to certify an E 101 form.

4.1 Posting for more than 2 yearsIf, due to unforeseen circumstances, your postinglasts for more than 2 years, the employer must, before the expiry of the E 101 form period, re-quest the competent authority in the other EEA state for its consent to an extension of the posting period.

In this connection, the authority must issue an E 101 /E 102 form. If you get an E 102 form, you will be able to keep your membership of HK’s unem-ployment insurance fund.

4.2 Posting for up to 3 yearsWhen it is clear from the beginning that you will be posted for more than 2 years, you can only be covered by the Danish rules for up to 3 years in connection with your posting on the provision that borger.dk. enters into a special agreement with the country in which you are posted.

If you are covered by such an agreement, you may retain your membership of HK’s unemploy-ment insurance fund.

Get more information from borger.dk. or HK’s un-employment insurance fund. You can find the forms on borger.dk..

5. MEMBERSHIP/RENEWED MEMBERSHIP OF HK´S UNEMPLOYMENT INSURANCE FUND

When you have been insured in another EEA state, you need to apply for membership /renewed membership of HK’s unemployment in-surance fund upon your return to Denmark.

The conditions for membership depend on: ⁄ whether you have been a member of an unem-

ployment insurance fund in Denmark within the last 5 years.

⁄ whether it is more than 5 years since you were last a member of an unemployment insurance fund in Denmark.

⁄ whether you have never been a member of an unemployment insurance fund in Denmark.

5.1 Membership within the last 5 yearsYou can transfer your insurance and work periods from the other EEA state. However, it is a condi-tion that you apply for renewed membership of HK’s unemployment insurance fund within 8 weeks after you have ceased to be insured in the other EEA state.

You will not be entitled to membership – and thus unemployment benefits – until the date on which HK’s unemployment insurance fund has received your written application for membership. If you want to receive unemployment benefits, you must have permanent address, living in Denmark, and you must remember to register as unemployed on jobnet.dk.

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5.2 Membership more than 5 years ago – or never a memberIn order to transfer insurance periods from the other EEA state, you must – within 8 weeks from ceasing to be insured there: ⁄ have worked for at least 296 hours within a pe-

riod of 12 weeks/ 3 months – if you want to be full-time insured, or at least 148 hours within a period of 12 weeks/ 3 months – if you want to be part-time insured.

⁄ apply for membership of HK’s unemployment insurance fund.

6. VOLUNTARY EARLY RETIREMENTWhen working abroad, you need to be aware of certain special circumstances. If you work in an-other EEA state + Switzerland, you generally need to be insured in the country in which you work.

This means that you cannot pay your contribu-tions to early retirement during this period, as payment of contributions to early retirement as well as entitlement to take early retirement will re-quire membership of a Danish unemployment in-surance fund.

For this reason, rules have been made to facilitate your payment of contribution to early retirement in arrears when you return to Denmark.

However, you should not necessarily expect that you will be entitled to early retirement, even if you have been insured and had employment abroad.

As it is a requirement that you pay the necessary contributions to early retirement in arrears, you must be aware that such payment in arrears of contributions to early retirement, depending on the duration of your stay abroad, may constitute a relatively large amount. It would therefore be a good idea to save up for contributions to early re-tirement during the insurance period abroad.

You can learn more about your rights to early re-tirement and about living and working abroad in HK’s booklet “Arbejde i udlandet og efterløn” (Working abroad and early retirement) available on hk.dk. (In Danish only).

7. WHEN YOU RETURN TO DENMARKWe recommend that you contact us before return-ing to Denmark in order that we can give you the necessary guidance.

Your submission of the PD U1  document/E 301 certificate is not a condition for membership; but it may be a good idea if you want to transfer work and insurance periods from another EEA state or Switzerland.

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If you are unemployed when you return to Den-mark or if you want to re-enter into the early re-tirement scheme, it is important that you bring the document/certificate with you to Denmark.

The authorities in the other EEA state must issue the document/certificate. You will therefore have to contact them well in advance of your return to Denmark.

Your seniority in the unemployment insurance fund from another EEA state is documented by: ⁄ the E 301 certificate if you have been to Nor-

way, Iceland, Liechtenstein or Switzerland. ⁄ the PD U1 document if you have been to an-

other EEA state.

7.1 Application for a PD U1 document/E 301 certificateYou can always transfer insurance and work peri-ods, confirmed by the other EEA state in the doc-ument/certificate, also if the 8-week deadline has expired.

If you do not have the document/certificate with you upon your return to Denmark, we can help you to obtain it. In this case, you have to fill in and submit “EØS 6: Ansøgning om dokument PD U1 / attest E 301 fra et andet EØS-land” to be found at ak-samvirke.dk. (In Danish only).

Whether you have received the certificate or not, it is important that you meet the 8-week deadline for admission.

8. WORK IN THE ØRESUND REGIONDenmark and Sweden have entered into an Øre-sund Agreement on social security for the Øre-sund Region.

8.1 Working in Sweden – living in DenmarkWhen you are working in Sweden, you must be insured in Sweden. It is important that you do not

have any interruption in your unemployment insur-ance membership as, otherwise, you risk losing your rights to benefits.

If you become unemployed, you will be subject to the Danish unemployment benefit rules. You therefore need to register as unemployed on job-net.dk on your first day of unemployment. You also need to join a Danish unemployment insur-ance fund and transfer your seniority from Swe-den. Remember to get the PD U1 from your Swedish unemployment insurance fund.

8.2 Working in Denmark – living in SwedenWhen you are working in Denmark, you must be a member of a Danish unemployment insurance fund regardless whether you are a salaried worker or self-employed.

If you become unemployed, you will be subject to the Swedish rules. This means that you need to register as unemployed at the Arbetsförmedlingen in Sweden on your first day of unemployment. You also have to join a Swedish unemployment insurance fund and transfer your Danish unem-ployment insurance fund seniority.

Read more on oresunddirekt.com.

You can find more useful information on these websites :

⁄ borger.dk* Acces ti public information

⁄ eures.dk* Portal for job seekers and employers who

wish to seek work or recruit employees in the EEA state.

HK.DK

HK´S A-KASSEWeidekampsgade 8 Postboks 106 DK-0900 København C

TELEFON +45 7010 6789

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