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The cross-border worker will simply travel between his place of residence and his place of work. This movement will lead to a border crossing.

The definition of cross-border employee

In labor law, the qualification of the cross-border worker has no impact. With regard to social protection, many benefits are paid based on the residence of the person.

Social protection issues relating to the status of cross-border workers

There are three major legal issues relating to cross-border employees :

Under European Union law, a cross-border employee is a worker who carries out an activity in one State and who resides in another State. The conditions for returning to the State of residence are flexible.

In principle, the employee returns to his State of residence every day or at least once a week. These are what we call commuters. There is no need for the two countries to touch each other. It is simply enough to be in the presence of a border crossing.

In principle, the 2004 regulations impose the principle of workplace law. Thus, when you are a cross-border worker, the applicable social protection legislation will be the legislation of the State of employment.

We do not take into account here the place of residence of the person concerned or of domicile of the employer. However, for certain types of services, the applicable law will deviate from this principl where we will no longer use the law of the place of work but the law of the country of residence. This is the case for cross-border employees who have become unemployed. For unemployment benefits, they will be subject to the law of the state of residence.

When a worker travels to another country to work, both States, that of his residence and that of employment, can claim the right to tax the income received, in accordance with their legislation.

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