SOCIAL SECURITY: POSTED WORKERS SUBJECT TO HOME-COUNTRY LEGISLATION, SAYS EU COURT.

The case concerns Herbosh Kiere, a company responsible for carrying out concreting work on two construction sites in Belgium, for which it called on an Irish company (ICD Constructors Ltd.) to help. The Belgian authorities subsequently ruled that although the workers were in possession of valid posting certificates proving that they were covered by Irish legislation, the real employer was Herbosh Kiere which was therefore required to pay the Belgian social security contributions. Herbosch Kiere subsequently appealed to the Arbeidshof te Brussel (Brussels higher labour court), which having doubts about the interpretation of certain clauses under EU law, decided to refer these questions to the Court of Justice for preliminary ruling.

The Regulation (1408/71/EEC) in question protects the social security rights of people moving within the European Union. It specifies that a salaried employee is subject to legislation in the country where he or she performs his duties as a worker, but an exception is made for workers posted to another member state by the company which employs them. In this case, the legislation in the member state where the worker normally carries out his duties is applicable, on condition that the...