A frontier worker is defined as “means any person pursuing an activity as an employed or self-employed person in a Member State and who resides in another Member State to which he/she returns as a rule daily or at least once a week”.
This includes employees who work in Luxembourg but are resident in France, Belgium or Germany, as well as employees who are resident in one of these countries but work in Luxembourg or another of these countries.
The following principles also apply to anyone who works in a country in the European Economic Area (EEA) or similar and is resident in another country. The EEA comprises the 27 Member States of the European Union, as well as Norway, Iceland, Liechtenstein and Switzerland.
When a frontier worker loses his job, the question arises as to which country covers unemployment?
In the event of job loss, frontier workers are covered by the unemployment authorities in their country of residence. There is only one exception in the event of external redeployment of a frontier worker working in Luxembourg who is unable to continue working at his or her current job: he or she may receive unemployment benefit in Luxembourg before receiving the professional transition allowance.
At the same time, they may make themselves available to the employment services of the Member State where they last worked.
Unemployed persons are subject to checks organised in their State of residence and must comply with the conditions laid down by the legislation of that State. If they choose to also register as a jobseeker in the Member State where they last worked as an employed or self-employed person, they must also comply with the obligations applicable in that State.
As regards the payment of unemployment benefit to the “unemployed frontier worker”, the latter receives unemployment benefit from the institution of the place of residence in accordance with the provisions of the legislation of the State of residence, as if he or she had been subject to that legislation during his or her last salaried or self-employed activity.
In other words, frontier workers who have lost their last job in Luxembourg can benefit from the services offered by ADEM, but not from compensation.
To compensate for the lack of contributions received, the countries of employment reimburse part of the compensation received by frontier workers in their country of residence:
3 months of reimbursed compensation if the frontier worker has worked for less than 12 months in the last 24 months;
5 months of reimbursed compensation if the frontier worker has worked for more than 12 months in the last 24 months (except for Luxembourg, which reimburses 3 months regardless of how long the recipient has worked).
What do I need to do to receive unemployment benefit in my country of residence?
In practical terms, in order to receive unemployment benefit in their country of residence, frontier workers who have lost their jobs must:
1. have the form entitled “Work certificate” completed by the last employer in the country of employment
If the employer has not signed this work certificate (or does not want to sign it), you should contact the relevant Employment Administration in your country of employment or residence without delay.
Links to the forms per country
Germany
The employer is obliged to draw up the work certificate at the request of the employee or the employment agency.
From 1 January 2023, employers must submit the work certificate electronically to the Federal Employment Agency (eService BEA – Bescheinigung Elektronisch Annehmen).
In all cases of termination of contract, the employer is required to send an employer’s certificate to Pôle emploi and also give it to the employee.
There is no official model of employer attestation that can be downloaded online, either from Pôle emploi or from other institutional sites, in order to avoid fraud and the circulation of invalid versions.
Companies with 11 or more employees can use their payroll software or the employers’ area on Pôle emploi.
Companies with fewer than 11 employees are entitled to send Pôle emploi “paper” versions of this certificate. A valid paper version can be obtained by contacting Pôle emploi by calling 3995.
2. Forward this completed certificate to the competent employment administration department in the country of employment in order to obtain a “U1 form”, drawn up on the basis of the certificate, for the competent institution in the country of residence.
This U1 form “Periods to be taken into account for the granting of unemployment benefits” summarises the periods of insurance and employment, whether employed or self-employed, completed in another EU/EEA/Swiss country.
It is intended for jobseekers who apply for unemployment benefits in an EU/EEA/Switzerland country, after having worked in another Member State.
It enables the institution in the new country of employment to take account of periods of insurance or employment completed in the former country of affiliation when examining entitlement to unemployment benefits under the legislation of the new country of employment.
Issued by the national employment service or the competent social security body of the last country of employment, it must be presented to the national employment service of the country in which the jobseeker wishes to receive unemployment benefit.
either with the national administration responsible for opening entitlement to unemployment benefit in your country of residence. This administration will then request the U1 document directly from Onem;
or using the online contact form (Contact form) or by post addressed to the relevant unemployment office (ONEM offices). This is the unemployment office responsible for the person’s last main residence in Belgium.
If you have never lived in Belgium but have worked in Belgium as a frontier worker while living in France, the Netherlands, the Federal Republic of Germany or the Grand Duchy of Luxembourg, the unemployment office in Mouscron, Turnhout, Verviers or Arlon is responsible.
In all other cases, you should contact the unemployment office responsible for the head office of your last employer.
Attach the following documents to your application:
form C4 or proof of employment;
a copy of both sides of your identity card;
the National Register number;
the address of their main residence abroad.
Form U1 will then be sent by post to the address you have provided or, if you have activated your e-Box, will be deposited in it.
If the application was sent directly to the ONEM by the competent national authority in your country of residence, the ONEM can also send the U1 form directly to this authority via an electronic data stream (EESSI). However, not all Member States have yet activated this data flow.
in France
Competent body: Pôle emploi.
The French employer is required to send an employer’s certificate to Pôle emploi, as well as to the employee.
You will need a device (such as LuxTrust) to identify yourself and access the process.
2. Telephone registration.
First of all, the applicant must:
contact the Adem Contact Centre by telephone on (+ 352) 247-88888 or,
complete an online form (available in three languages: FR, DE and EN) on www.adem.lu.
A telephone appointment will be arranged to finalise registration. The documents required for registration must be sent by e-mail.
Once registration has been finalised, jobseekers will receive an invitation to an initial meeting with their future adviser, who will be their contact person for their job search.
PLEASE NOTE:
Prepare your personnel identification number from your social security card. Check that your identification documents (identity card, passport, social security card, residence permit, etc.) are valid.
To save time, you can register before the end of your fixed-term contract or notice period.
Any additional document justifying any training would be an asset.
It is important that the CV is up to date and accurate (professional experience, skills acquired, professional training, language and/or technical knowledge). You should also think about the jobs and professions that best suit you.
To be able to communicate with ADEM, you must speak at least one of Luxembourg’s three administrative languages (Luxembourgish, French or German) or English. If this is not the case, jobseekers must be accompanied by a person of their choice who speaks one of these languages.
Is an employee entitled to time off to look for a new job during the notice period following a dismissal?
In Germany
The employer must allow the employee appropriate time off to look for a new job. Whether this is reasonable depends on the circumstances of the individual case. Collective agreements, company agreements or contracts may provide further details on this subject.
In Belgium
During the notice period, the employee has the right to be absent from work with full pay in order to look for a new job.
This right applies both in the event of dismissal and in the event of resignation.
The employee may only use this leave for the reason for which it was introduced, i.e. to look for a new job.
Part-time employees are entitled to job-seeker’s leave in proportion to their working hours.
With regard to the duration of this leave, a distinction must be made between two situations:
1. The employee does not benefit from a professional redeployment procedure.
During the last twenty-six weeks of the notice period, he may be absent up to a maximum of one day (or two half-days) per week. For the notice period prior to the 26-week period, he may only be absent for half a day per week.
Example 1: An employee resigns with 13 weeks’ notice. He may be absent up to a maximum of one day (or two half-days) per week for the entire notice period (which is less than 26 weeks).
Example 2: An employee is dismissed with 27 weeks’ notice. During the first week of his notice period, he may be absent for half a day. Thereafter, he may be absent up to a maximum of one day (or two half-days) per week.
2. The employee benefits from a professional redeployment procedure:
He may be absent for up to one day (or two half-days) per week throughout the notice period.
PLEASE NOTE: Within the meaning of Belgian law, “vocational redeployment procedure” means: a set of services and guidance advice provided individually or in a group by a third party, hereinafter referred to as the “service provider”, on behalf of an employer, to enable a worker to find employment himself as quickly as possible with a new employer or to develop a professional activity as a self-employed person.
In France
The Labour Code does not allow employees to take time off to look for a job during their notice period.
However, a collective bargaining agreement, a collective agreement or company practice may entitle the employee to a certain number of hours’ absence from work to facilitate the search for a new job.
The conditions of use and remuneration of these hours must be set out in the collective agreement, customary practice or negotiated directly with the employer.
In the absence of these hours, the employee may not leave the company to look for a new job during the period of notice, unless the employer agrees.
A simulator can be used to find out whether employees are entitled to time off during their notice period to look for a job.
In Luxembourg
Any employee who is made redundant with notice (or made redundant collectively) may request time off to look for a new job.
Two conditions must be met:
the employee must be registered as a jobseeker with the relevant employment service in his or her country of residence in the case of a cross-border employee;
prove that you have been offered a job.
The duration of this leave, which must take place during the notice period, may not exceed 6 working days.
What happens if an employee takes up a new job in their country of residence after losing their job in a cross-border state?
If, after losing a job in a cross-border state, a frontier worker takes up a new job in his or her State of residence, he or she can “totalise” his or her unemployment insurance rights. In other words, he or she will be entitled to unemployment benefit for a period that takes into account the hours worked in both Member States. However, the amount of their benefit will be calculated solely on the basis of their income in their State of residence.
Is it possible to receive unemployment benefit in one's country of residence and go to another European country to look for work?
A wholly unemployed person who goes to another Member State to look for work retains the right to unemployment benefit in cash under the following conditions:
before leaving, the unemployed person must have been registered as seeking work and have remained available to the employment services of the competent Member State for at least four weeks after becoming unemployed. However, the competent services or institutions may authorise his departure before the expiry of this period; the unemployed person must request a U2 form from the institution paying him unemployment benefit;
on arrival, he/she must submit this form to the employment service of the host country and register as a jobseeker within 7 days of the issue of the U2 form and make himself/herself available to the employment services (this period may be extended under certain conditions). In exceptional cases, the competent services or institutions may extend this period;
entitlement to benefits is maintained for a period of three months, without the total duration for which benefits are provided exceeding the total duration of the benefits to which he was entitled; this three-month period may be extended by the competent services or institutions up to a maximum of six months.
Notify Pôle emploi of your intention to work in Europe.
Obtain the “U2” form from Pôle emploi, which certifies the precise duration of the entitlement to unemployment benefit, and submit it to the employment services in the country of destination.