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Social security system in EU: Direct application of Regulation EC 883/2004 in Croatia

2014-07

Regulation on the Coordination of Social Security Systems (Regulation EC 883/2004) is directly applicable in Croatia from its accession to EU. The Regulation regulates, among other questions, social security status of persons pursuing activities as an employed or as a self-employed persons in two or more EU Member States, including status of persons posted to another Member State to perform work on employer's behalf.

A person informs the competent institution of the Member State of his/hers residence about pursuing activities in more EU Member States. The competent institution determines the legislation applicable to the person concerned (in accordance with the general rule of the Regulation that the social security system of only one Member State applies), notifies the person concerned and issues A1 form.

A person who pursues an activity as an employed person in two or more Member States will be subject to:

  • the legislation of the Member State of residence if he pursues a substantial part of his activity in that Member State or if he is employed by various undertakings or various employers whose registered office or place of business is in different Member States, or
  • the legislation of the Member State in which the registered office or place of business of the undertaking or employer employing him is situated, if he does not pursue a substantial part of his activities in the Member State of residence.

A person who pursues an activity as a self-employed person in two or more Member States will be subject to:

  • the legislation of the Member State of residence if he pursues a substantial part of his activity in that Member State; or
  • the legislation of the Member State in which the centre of interest of his activities is situated, if he does not reside in one of the Member States in which he pursues a substantial part of his activity.

A person who pursues an activity as an employed person and as a self-employed person in different Member States shall be subject to the legislation of the Member State in which he pursues an activity as an employed person.

Authors

Portrait ofTamara Jelić Kazić
Tamara Jelić Kazić
Partner
Zagreb