"Regardless of the type and duration of their employment relationship, workers, and, under comparable conditions, the self-employed, have the right to adequate social protection".
Social protection remains primarily a national competence, because Member States are responsible for the design, financing and management of their welfare systems. However, the EU plays an important role in coordinating national social security systems, supporting free movement, promoting access to social protection and encouraging social convergence across Europe.
Under Principle 12 of the European Pillar of Social Rights, workers — regardless of the type and duration of their employment relationship — and, under comparable conditions, the self-employed, have the right to adequate social protection. This principle is increasingly relevant as labour markets change, with more people working through non-standard contracts, self-employment, platform work or fragmented careers.
Under Principle 12 of the European Pillar of Social Rights, workers — regardless of the type and duration of their employment relationship — and, under comparable conditions, the self-employed, have the right to adequate social protection. This principle is increasingly relevant as labour markets change, with more people working through non-standard contracts, self-employment, platform work or fragmented careers.
The EU Regulations on social security coordination
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EU social protection systems are not harmonised at EU level, but they are coordinated through EU law to ensure that people who move, work, study or live across borders do not lose social security rights.
The central legal instrument is Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems.
This regulation is implemented by Regulation (EC) No 987/2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems.
Together, these regulations coordinate national social security systems without replacing them with a single European system. Member States remain responsible for deciding who is insured, what benefits are granted and under which conditions. EU coordination rules ensure that mobile citizens, workers, students, pensioners, unemployed people and their families can exercise free movement rights without being disadvantaged in terms of social security.
The central legal instrument is Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems.
This regulation is implemented by Regulation (EC) No 987/2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems.
Together, these regulations coordinate national social security systems without replacing them with a single European system. Member States remain responsible for deciding who is insured, what benefits are granted and under which conditions. EU coordination rules ensure that mobile citizens, workers, students, pensioners, unemployed people and their families can exercise free movement rights without being disadvantaged in terms of social security.
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The EU coordination framework covers the traditional branches of social security, including sickness benefits, maternity and paternity benefits, old-age pensions, invalidity benefits, survivors’ benefits, unemployment benefits, family benefits, accidents at work and occupational diseases.
The EU Regulation:
The EU Regulation:
- lays down common rules to protect social security rights when moving within the EU (as well as Iceland, Liechtenstein, Norway and Switzerland).
- It recognises that EU countries decide on aspects such as the beneficiaries of their social security systems, levels of benefits and eligibility conditions.
- This regulation on the coordination of social security systems does not replace national systems by a single European system.
The EU Regulation covers all the traditional branches of social security, namely:
Beneficiaries are guaranteed that their benefits will be paid, that they will be covered for healthcare and that they will receive family benefits even if they move to another EU country.
- sickness
- maternity and paternity
- old-age pensions
- pre-retirement and invalidity pensions
- survivors’ benefits and death grants
- unemployment
- family benefits
- accidents at work and occupational illness.
Beneficiaries are guaranteed that their benefits will be paid, that they will be covered for healthcare and that they will receive family benefits even if they move to another EU country.
Beneficiaries
All EU nationals and their family members who are covered by the social security legislation of an EU country can benefit from these coordination rules. The rules apply to employees, self-employed people, civil servants, students, pensioners, unemployed people and people who are no longer working.
The coordination framework also applies to legally resident non-EU nationals and their family members when they move within the EU and are covered by the social security legislation of a Member State. The purpose is to ensure continuity of protection and avoid gaps in coverage when people exercise their mobility rights.
All EU nationals and their family members who are covered by the social security legislation of an EU country can benefit from these coordination rules. The rules apply to employees, self-employed people, civil servants, students, pensioners, unemployed people and people who are no longer working.
The coordination framework also applies to legally resident non-EU nationals and their family members when they move within the EU and are covered by the social security legislation of a Member State. The purpose is to ensure continuity of protection and avoid gaps in coverage when people exercise their mobility rights.
Credits: European Commission, © European Union, 1995-2022
Instruments of coordination of social security systems
Institutions must respond to all requests within a reasonable time and must communicate any information required by those concerned to assert their rights under the regulation. The regulation lays down rules to ensure that EU countries’ institutions work closely together and mutually assist one another for the benefit of citizens.
Institutions must respond to all requests within a reasonable time and must communicate any information required by those concerned to assert their rights under the regulation. The regulation lays down rules to ensure that EU countries’ institutions work closely together and mutually assist one another for the benefit of citizens.
Further access to social protection
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The right to social protection has become increasingly important as labour markets change. Traditional social security systems were often designed around full-time, open-ended employment relationships. However, the growth of self-employment, non-standard contracts, platform work and fragmented careers has created new gaps in access to social protection.
To address these gaps, the Council adopted the Council Recommendation of 8 November 2019 on access to social protection for workers and the self-employed.
The Recommendation aims to support workers in non-standard forms of employment and the self-employed who, because of their employment status or type of work, may not be sufficiently covered by social protection schemes. It encourages Member States to close formal coverage gaps, ensure effective and adequate coverage, facilitate the transfer of social security rights between schemes and improve transparency about social security rights and obligations.
The Recommendation covers unemployment benefits, sickness and healthcare benefits, maternity and paternity benefits, accidents at work and occupational diseases, disability benefits and old-age benefits. Its policy relevance lies in extending the logic of social protection to a labour market where employment relationships are becoming more diverse and less predictable.
The Commission supports implementation through the Social Protection Committee, mutual learning, improved statistics and monitoring. In January 2023, the Commission published the Report from the Commission to the Council on the implementation of the Council Recommendation on access to social protection for workers and the self-employed — COM(2023) 43 final
To address these gaps, the Council adopted the Council Recommendation of 8 November 2019 on access to social protection for workers and the self-employed.
The Recommendation aims to support workers in non-standard forms of employment and the self-employed who, because of their employment status or type of work, may not be sufficiently covered by social protection schemes. It encourages Member States to close formal coverage gaps, ensure effective and adequate coverage, facilitate the transfer of social security rights between schemes and improve transparency about social security rights and obligations.
The Recommendation covers unemployment benefits, sickness and healthcare benefits, maternity and paternity benefits, accidents at work and occupational diseases, disability benefits and old-age benefits. Its policy relevance lies in extending the logic of social protection to a labour market where employment relationships are becoming more diverse and less predictable.
The Commission supports implementation through the Social Protection Committee, mutual learning, improved statistics and monitoring. In January 2023, the Commission published the Report from the Commission to the Council on the implementation of the Council Recommendation on access to social protection for workers and the self-employed — COM(2023) 43 final
Recent EU policy developments
The EU social protection agenda now goes beyond access to national schemes. It also covers the future sustainability of welfare states, the impact of green and digital transitions, the use of distributional impact assessment and the digitalisation of social security coordination.
Decent work worldwide
The Communication from the Commission on decent work worldwide for a global just transition and a sustainable recovery — COM(2022) 66 final connects social protection with the EU’s wider commitment to decent work, both inside the EU and in global supply chains.
The Communication places the elimination of child labour and forced labour at the centre of the EU’s internal and external action on decent work. It is relevant for social protection because decent work requires not only fair wages and working conditions, but also access to protection against social risks.
Distributional impact assessment for fair policies
The Communication from the Commission on Better assessing the distributional impact of Member States’ policies — COM(2022) 494 final promotes the use of distributional impact assessment to understand how reforms and budgetary measures affect different income groups.
This is particularly relevant for poverty reduction, inequality, energy poverty and the social fairness of the green and digital transitions. It strengthens the idea that social protection systems should be assessed not only in terms of expenditure, but also in terms of their effects on households, vulnerable groups and social cohesion.
The future of social protection and the welfare state
The High-Level Group on the future of social protection and of the welfare state in the EU presented recommendations in 2023 on how welfare systems should adapt to demographic change, new forms of work, digitalisation and the green transition.
Its report focuses on children, young people and families, inclusive social protection, lifelong learning, income adequacy in old age, long-term care, high-quality services and sustainable financing. The policy message is that welfare states must remain protective, but also become more preventive, inclusive and adaptable.
Digitalisation in social security coordination
The Communication from the Commission on digitalisation in social security coordination: facilitating free movement in the Single Market — COM(2023) 501 final aims to make social security coordination easier to use across borders.
The Communication calls for faster implementation of the Electronic Exchange of Social Security Information, more online social security procedures, the development of the European Social Security Pass and the use of EU Digital Identity wallets for social security documents, including the European Health Insurance Card.
This is an important development because free movement increasingly depends not only on legal rights, but also on the practical ability of citizens, workers, employers and administrations to prove and exchange social security information quickly and securely.
The EU social protection agenda now goes beyond access to national schemes. It also covers the future sustainability of welfare states, the impact of green and digital transitions, the use of distributional impact assessment and the digitalisation of social security coordination.
Decent work worldwide
The Communication from the Commission on decent work worldwide for a global just transition and a sustainable recovery — COM(2022) 66 final connects social protection with the EU’s wider commitment to decent work, both inside the EU and in global supply chains.
The Communication places the elimination of child labour and forced labour at the centre of the EU’s internal and external action on decent work. It is relevant for social protection because decent work requires not only fair wages and working conditions, but also access to protection against social risks.
Distributional impact assessment for fair policies
The Communication from the Commission on Better assessing the distributional impact of Member States’ policies — COM(2022) 494 final promotes the use of distributional impact assessment to understand how reforms and budgetary measures affect different income groups.
This is particularly relevant for poverty reduction, inequality, energy poverty and the social fairness of the green and digital transitions. It strengthens the idea that social protection systems should be assessed not only in terms of expenditure, but also in terms of their effects on households, vulnerable groups and social cohesion.
The future of social protection and the welfare state
The High-Level Group on the future of social protection and of the welfare state in the EU presented recommendations in 2023 on how welfare systems should adapt to demographic change, new forms of work, digitalisation and the green transition.
Its report focuses on children, young people and families, inclusive social protection, lifelong learning, income adequacy in old age, long-term care, high-quality services and sustainable financing. The policy message is that welfare states must remain protective, but also become more preventive, inclusive and adaptable.
Digitalisation in social security coordination
The Communication from the Commission on digitalisation in social security coordination: facilitating free movement in the Single Market — COM(2023) 501 final aims to make social security coordination easier to use across borders.
The Communication calls for faster implementation of the Electronic Exchange of Social Security Information, more online social security procedures, the development of the European Social Security Pass and the use of EU Digital Identity wallets for social security documents, including the European Health Insurance Card.
This is an important development because free movement increasingly depends not only on legal rights, but also on the practical ability of citizens, workers, employers and administrations to prove and exchange social security information quickly and securely.
