Information for Employees
Cross-border workers
A cross-border worker is an individual who is employed or works in a self-employed capacity in an EU/EEA Member State and lives in a different Member State to which he or she returns daily or at least once per week (Regulation (EC) No. 883/2004).
In principle, cross-border workers are subject to the labour laws of the country in which they work. They have an employment contract with an employer in the country in which they are employed. Their employer is obliged to comply with the statutory regulations and provisions of the country of employment as well as applicable collective bargaining agreements. In certain cases, the parties may agree to specify that the employment relationship is subject to the labour laws of another country, but several German laws and regulations must be observed nonetheless, such as the Minimum Wage Act and occupational safety regulations.
Employees within a given organization are regarded as equal. Labour laws apply to all employees, regardless of nationality, ethnic origin or place of residence.
However, you should be aware of the need to observe certain rules on the coordination of social security matters within the EU/EEA.
Health and social-security insurance – As a matter of principle, you are insured in the country in which you work. Some benefits can be claimed at your place of residence. Cross-border commuters and their co-insured relatives who are covered by statutory health insurance in the country of employment may claim benefits in the country of employment and the country of residence in cases of illness. To do so, you must request Form S1 (formerly E106) for each insured and co-insured person from the appropriate health insurer.
(These coordination rules apply to statutory health insurers, but not necessarily to private health insurers!)
Family benefits – Cross-border commuters are entitled to receive family benefits in the country in which they are employed. Entitlements may also exist in the country of residence, depending on the specific situation of the family and the other parent’s occupational status.
Unemployment – Cross-border commuters are entitled to claim unemployment compensation in their country of residence. They are required to submit evidence of the periods during which they have been covered by insurance abroad. When applying in your country of residence, you must submit Form U1. You will need to request this form from the local office of the Agentur für Arbeit in the state of Saxony.
Social security (old-age pension) insurance – All cross-border commuters who have paid social security contributions for more than one year are eligible to receive pension benefits. The amounts of their partial pensions are calculated on the basis of their paid contributions and periods of insurance coverage.
Important! Retain all documents relating to employment abroad for safekeeping!
Further information on this subject is provided at: