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Unemployment benefit
Notice : the following information regards only the nationals from the European Union or the European Economic Space.
--> You are a cross-border worker
--> You are an emigrant non cross-border worker
--> You are unemployed and you are looking for a job in another country
--> Useful Addresses
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--> You are a cross-border worker
Definition : you work in a different State than your residence State or you go back to your residence State every night or at least once per week.
1. You are completely unemployed
~ In which country can you receive unemployment benefits ?
Should you be totally unemployed, you will benefit from the unemployment benefits from your residence country, according to this country’s legislation as if you had been under this legislation during your last employment. The charge will devolve upon the institution of the residence country.
• Requirements
You will have to present to the institution of your residence country, an E 301 form (Statement concerning the periods to take into account to grant the unemployment benefits) set by the competent institution from the country of your last employment.
The competent institution shall be :
- In Germany : the Arbeitsamt
- In Belgium : the ONEM (Office National de l’Emploi or National Employment Office)
- In France : the ASSEDIC (ASSociation pour l’Emploi Dans l’Industrerie et le Commerce or Employment Association in the Industry and Commerce)
- In Luxembourg : the ADEM (ADministration de l’EMploi or Employment Administration)
~ Estimation of the unemployment benefits
The total amount of the benefits is based on the last perceived wage in the member State where the activity was performed (even if the residence State is able to grant benefits).
Note :
- In Belgium : the benefit will be estimated on the basis of the last perceived wage in Belgium for an employment analogous to the last one performed in an other member State, if this wage is more advantageous for the worker.
- In France : the benefits are estimated on the basis of the real wage perceived abroad, but applying the highest amounts of the social security applicable in France.
2. You are partially unemployed
In the case of partial unemployment (unemployment related to economic causes or to other elements, for example), you will profit from unemployment benefits according to the employing country legislation as if you resided.
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--> You are an emigrant non cross-border worker
1. You are completely unemployed
~ In which country can you receive unemployment benefits?
• You reside and live in a country where you performed your last activity; you will be able, therefore, to benefit from the unemployment benefits in your employing country if you are applicable to the conditions foreseen in the legislation of this country, as the nationals of the same one.
• Should you reside in a country and live in another (not being cross-border); you will be entitled to an “option right”. You will be entitled to unemployment benefits:
- either in your residence country, if you are at the disposal of your residence country’s employment services
- either in the country you are staying (last employment country), if you are at the disposal of this country’s employment services.
~ Taking into account the working periods abroad
The working periods performed in any member country of the European Economic Space can be taken into account, on the condition that these periods are to be taken as insurance periods by the legislation you are abide by..
• Requirements
The insurance and employment periods are certified with an E 301 form (certificate for the periods taken into account to grant unemployment benefits) issued by the competent institution of the member State where this periods have been accomplished.
The competent institution shall be :
- In Germany : the Arbeitsamt
- In Belgium : the ONEM (Office National de l’Emploi or National Employment Office)
- In France : the DDTEFP (Direction Departementale du Travail, de l’Emploi et de la Formation Professionnelle or the Departmental Direction of Work, Employment and Professional Training)
- In Luxembourg : the ADEM (ADministration de l’EMploi or Employment Administration).
• Conditions for the acceptance of the periods worked
Should you reside and live in the country where you were last employed, the acceptance will depend on the fact that, lastly, you have fulfilled an assurance period in the country where you demand these benefits.
Example : a worker being employed in France and Germany demands for unemployment benefits in France. The periods worked in Germany will be taken into account if the interested party has, lastly, accomplished an insurance period in France.
In Germany, Belgium and France, this employment period required will be a minimum of one day giving rise to the payment of the social security contributions. The legislation of Luxembourg demands no minimum insurance period.
Attention ! Should you reside in a country and live in another (without being cross-border): this minimum assurance period will not be established if you place yourself at the disposal of your residence country’s employment service.
~ Calculation of the unemployment benefits
Should you reside in a country other than the one you live in (without being cross-border), le total amount of the benefits will be based on the real wages perceived in the country of the last employment.
Should you not reside in the country where you demand the benefits; the total amount of these will be based on the last previous wage or wages really perceived during the last employment performed in the territory of the State where you demand the benefits. However, had you not been working in your last employment during at least four weeks in this State, the unemployment benefits will be calculated on the basis of the usual wage normally allocated in this country, for an analogous activity to the one performed lastly in the territory of another member State.
2. You are partially unemployed
In the case of partial unemployment (unemployment related to economic causes or to other elements), you will profit from the unemployment benefits provided by your employing country if you place yourself at your employer’s disposal or at the disposal of that country’s employment services.
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--> You are unemployed and you are looking for a job in another country
You will have a maximum period of three months to go to another member country, (except for exceptional dispensation/ repeal) to look for an employment, under the following conditions:
- you have to be completely unemployed, indemnified at the residence country
- you have to be registered before your departure as job seeker and you have to be at the disposal of the employment services of the origin country during at least four weeks after the beginning of the unemployment (except for dispensation)
- you will have to place a request at the competent services of the departure country in order to obtain an E 303 form (Statement to keep the rights of unemployment benefits)
The competent bodies shall be the following :
- In Germany : the Arbeitsamt
- In Belgium : the ONEM
- In France : the ASSEDIC (ASSociation pour l’Emploi Dans l’Industrerie et le Commerce or Employment Association in the Industry and Commerce)
- In Luxembourg : the ADEM (Administration de l’EMploi or Employment Administration).
- you have to register within the seven days following to your arrival, as job seeker in each country you go to and you have to comply with the controls carried out by the countries.
The contributions will be then paid by the institutions of each member State where the unemployed has gone to look for a job, but depending upon the institution of the competent State.
Attention ! the unemployed that after three month returns to the State paying the compensations, will in principle loose all rights to compensations in virtue of the legislation of that State.
Note : this right can only be called upon once between two working periods.
Annabelle Daniau, Juriste, CRD EURES Lorraine
Joël de Marneffe, Juriste, Coordonateur EURES Transfrontalier PED
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--> Useful Addresses
~ Germany
Arbeitsamt Saarbrücken Kindergeldkasse
Hafenstrasse, 18
D-66 111 SAARBRÜCKEN
tel : 00 49 / 681 944 0
fax: 00 49 / 681 944 5000
http://www.arbeitsamt.de/saarbrücken/
Arbeitsamt Saarlouis Kindergeldkasse
Ludwigsstrasse, 10
D-66 740 SAARLOUIS
tel : 00 49 / 6831 4 48 0
fax : 00 49 / 6831 4 48 105
http://www.arbeitsamt.de/saarlouis/
Arbeitsamt Neunkirchen
Ringstrasse, 1
D-66 538 NEUNKIRCHEN
tel : 00 49 / 6821 204 0
fax: 00 49 / 6821 204 343
http://www.arbeitsamt.de/neunkirchen/
Arbeitsamt Trier
Dasbachstrasse, 9
D-54 292 TRIER
tel : 00 49 / 651 205 0
fax : 00 49 / 651 205 3040
http://www.arbeitsamt.de/trier/
~ Belgium
ONEM
Rue Général Molitor, 8 A
B-6700 ARLON
tel : 00 32 / 63 24 57 11
fax : 00 32 / 63 22 42 67
http://onem.fgov.be/
~ France
ASSEDIC Lorraine
1, Place du Pont à Seille
F-57 045 METZ Cedex 1
tel : 00 33 / 3 87 74 88 88
fax : 00 33 / 3 87 76 28 19
http://www.assedic.fr/
~ Luxembourg
ADEM Luxembourg
10, rue Bender
L-1229 LUXEMBOURG
tel : 00 352 / 478 53 00
fax : 00 352 / 40 61 40
ADEM Esch sur Alzette
21, rue Pasteur
L-4276 ESCH SUR ALZETTE
tel : 00 352 / 54 10 54 1
fax : 00 352 / 54 10 58
ADEM Diekirch
2, Rue Clairefontaine
L-9220 DIEKIRCH
tel : 00 352 / 80 29 29 1
fax : 00 352 / 80 26 35
ADEM Wiltz
25, rue du Château
L-9516 WILTZ
tel : 00 352 / 95 83 84
fax : 00 352 / 95 86 11
http://etat.lu/ADEM/
For more information, please contact the two resources centres in the Grande Région.
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