Permanent (self-)employment

Taking up permanent employment or self-employment in another European country

If an artist takes up permanent employment in another country for which no time limit is specified in advance, the legislation of the country of employment applies with regard to all areas of social security.

Similarly, if an artist takes up permanent self-employment in another country for which no time limit is specified in advance, the legal provisions of the country in which the self-employment takes place always apply with regard to all areas of social security. This applies regardless of the person's place of residence or the company's registered business address.

If a self-employed activity in the new residence country isn't substantial while still carrying out a self-employed activity in another country, it is possible that the new residence country is not responsible for social security. More information here: Working in several countries.

In the context of European social security law, the term "social security" includes all branches of social security of the country in question (e.g. health, nursing, unemployment, accident and pension insurance) as well as the areas of sick pay, child benefit, parental benefit and other family benefits.

A pianist from Germany is employed by an orchestra in Germany. He terminates his employment relationship effective 30 September of this year in order to take up a position at an Italian opera house as of 1 October.

Consequence: As of 1 October of this year, the pianist will be subject to Italian legislation in all areas of social security. His employer in Germany must deregister him for all branches of social security in Germany effective 30 September and the Italian employer must register him for social security in Italy with effect from 1 October. This means that the Italian legal provisions will also apply to the pianist in all other areas of social security (e.g. with regard to sick pay or parental benefit) from 1 October.

An orchestra musician is employed by an orchestra in Germany. She accepts an engagement for half a year with an orchestra in Amsterdam starting 1 March. Her employment in Germany will be suspended for this period.

Consequence: As of 1 March of this year, the orchestra musician will be subject to Dutch legislation only in all areas of social security. Her employer in Germany must deregister her from all branches of social security in Germany effective 28 February. The Dutch employer must register her for social security in the Netherlands with effect from 1 March, and the musician must choose a Dutch statutory health insurance provider in accordance with Dutch legislation (information on insurance in the Netherlands- only available in German and Dutch). The Dutch legal provisions will therefore also apply to her in all other areas of social security (e.g. with regard to sick pay or parental benefit) from 1 March (information only available in German and Dutch).

For individuals who are employed by a company, the details must always be clarified with the local employer for each individual case. Self-employed individuals must find out how they can and must insure themselves. The respective national regulations apply.

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