The Multilateral Framework Agreement on the application of Article 16 (1) of Regulation (EC) No. 883/2004 in cases of habitual cross-border telework enters into force as per July 1, 2023 with respect to the following signatory jurisdictions:

• Austria;
• Belgium;
• Czech Republic;
• Germany;
• Liechtenstein;
• The Netherlands;
• The Slovak Republic; and
• Switzerland.

The framework agreement facilitates between the signatory states the conclusion of individual derogations in the interest of a category of employed teleworkers and their employer(s), provided that certain conditions are met.

A request may be submitted for the employee to be subject to the social security legislation of the State of registered seat or place of business of his/her employer in case that:

• his/her State of Residence is other than is the State of registered seat or place of business of his/her employer, and
• his/her cross-border telework in the State of residence is less than 50% of the total working time and
• the request is made in consent by employer and employee.

The framework agreement on habitual cross-border telework is the result of discussions and work carried out within an Ad Hoc working group of the Administrative Commission for the Coordination of Social Security Systems. The task of the Administrative Commission is to ensure the proper implementation of the regulations on the coordination of social security systems.

These regulations 883/2004 and 987/2009 are essential to ensure the free movement of persons within the European Union, the European Economic Area (EEA) and Switzerland, in that they lift the obstacles for mobile citizens by safeguarding their social security rights irrespective of the State in which they work, reside or stay.

The Text of the Framework Agreement on the application of Article 16 (1) of Regulation (EC) No. 883/2004 in cases of habitual cross-border telework can be found here.

The Explanatory Memorandum to the Framework Agreement on the application of Article 16 (1) of Regulation (EC) No. 883/2004 in cases of habitual cross-border telework can be found here.

On this website of the Belgian Government an overview of the signatories to the framework agreement, as well as the date from which the framework agreement applies in each of the states concerned, the copies of the framework agreement as signed by the parties and an overview of the corresponding national competent institutions that can be contacted with practical questions about the implementation of this framework agreement.

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