Regulation (EU) No 465/2012 of the European Parliament and of the Council of 22 May 2012 amending Regulation (EC) No 883/2004 on the coordination of social security systems and Regulation (EC) No 987/2009 laying down the procedure for implementing Regulation (EC) No 883/2004

en · official · sha256:c1a494b9895da15d8f0c135ca032407e494bb0557933bf840f84edb4f47c1520EN

(5) In Article 12, paragraph 1 is replaced by the following: ‘1. A person who pursues an activity as an employed person in a Member State on behalf of an employer which normally carries out its activities there and who is posted by that employer to another Member State to perform work on that employer’s behalf shall continue to be subject to the legislation of the first Member State, provided that the anticipated duration of such work does not exceed 24 months and that he/she is not sent to replace another posted person.’.

en · official · sha256:4326f0de9fb7b87367e660dd42455b5a56bde2ad17409749e686325608f41aa4EN

In Article 13, paragraph 1 is replaced by the following: ‘1. A person who normally pursues an activity as an employed person in two or more Member States shall be subject: (a) to the legislation of the Member State of residence if he/she pursues a substantial part of his/her activity in that Member State; or (b) if he/she does not pursue a substantial part of his/her activity in the Member State of residence: (i) to the legislation of the Member State in which the registered office or place of business of the undertaking or employer is situated if he/she is employed by one undertaking or employer; or (ii) to the legislation of the Member State in which the registered office or place of business of the undertakings or employers is situated if he/she is employed by two or more undertakings or employers which have their registered office or place of business in only one Member State; or (iii) to the legislation of the Member State in which the registered office or place of business of the undertaking or employer is situated other than the Member State of residence if he/she is employed by two or more undertakings or employers, which have their registered office or place of business in two Member States, one of which is the Member State of residence; or (iv) to the legislation of the Member State of residence if he/she is employed by two or more undertakings or employers, at least two of which have their registered office or place of business in different Member States other than the Member State of residence.’.

Ссылаются нормы: Article13_1_a_SubstantialPartInResidenceState, Article13_1_b_i_OneEmployer, Article13_1_b_ii_EmployersInOneState, Article13_1_b_iii_EmployersInResidenceAndOneOtherState, Article13_1_b_iv_EmployersInThreeOrMoreStates, Article13_1_b_iv_EmployersInTwoOtherStates, employer_identification_settled_by_case_law

en · official · sha256:ae86fec12e5a075bee0017d2cbca6a1bf6659f2bfc7516dc2c98f77ddd77c21fEN

Article 3 This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .

en · official · sha256:fa797284d6d8d3565df6d8eb4021aea0391c7f3efca7f66663ee3f2855c400c7EN

In situations where a person is working in two or more Member States, it should be made clear that the condition of pursuing a ‘substantial part’ of the activity within the meaning of Article 13(1) of Regulation (EC) No 883/2004 also applies to persons pursuing activities for various undertakings or employers.