- In December 2025, the CJEU delivered a key judgment on the applicable social security legislation for people working in two or more countries. It has prompted a fresh look at how the 25% threshold for activity in the State of residence should be assessed in practice.
Then in April 2026, the EU Member States endorsed the provisional agreement between the Council and the European Parliament to revise the social security coordination rules. The aim is to modernise the framework, increase legal certainty and better reflect today’s mobile workforce.
The main changes at a glance:
Unemployment benefits: jobseekers moving to another Member State can generally keep receiving benefits for up to 6 months. After at least 22 weeks of insured employment, workers can (subject to conditions) claim benefits in the country where they last worked.
Long-term care: for the first time, long-term care benefits are explicitly part of the coordination framework, with clearer definitions and rules to prevent overlaps and gaps.
Family benefits: the existing principle stays, but there’s a clearer distinction between benefits that replace lost earnings due to childcare and traditional family benefits.
Economically inactive persons: recent CJEU case law is codified, clarifying when they can access social benefits.
Applicable legislation and postings:
- More guidance for multi-state workers, with special attention to the employer’s genuine place of business
- A new general obligation to notify authorities before posting a worker
- An exemption for very short activities (up to 3 consecutive days within 30 days), but not for the construction sector
What does this mean for employers?
More administrative work around posting notifications, affiliation documentation and monitoring employees who work in several countries. In return, there should be more certainty and fewer conflicting decisions between Member States.
Getting affiliation right still matters, because it drives contributions, benefit entitlements, healthcare coverage and compliance.
Now is a good time to review your cross-border setups: remote work, international assignments, business travel and multi-state employment.
How is your organisation preparing for these changes?
