Important Updates
Important Updates
October 6, 2025 | CanadaToronto Star: How Canada Can Take Advantage of Donald Trump’s $100,000 Charge for Skilled Worker Visas — and How Canada Can Lose Out
October 7, 2025 | European UnionEuropean Union: EU Entry/Exit System Implementation Forthcoming
October 7, 2025 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
October 7, 2025 | IndiaIndia: Electronic Arrival Card to Replace Paper Disembarkation Card
October 7, 2025 | UruguayUruguay: Delays in Renewals of Local Identification Cards
October 6, 2025 | CanadaToronto Star: How Canada Can Take Advantage of Donald Trump’s $100,000 Charge for Skilled Worker Visas — and How Canada Can Lose Out
October 7, 2025 | European UnionEuropean Union: EU Entry/Exit System Implementation Forthcoming
October 7, 2025 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
October 7, 2025 | IndiaIndia: Electronic Arrival Card to Replace Paper Disembarkation Card
October 7, 2025 | UruguayUruguay: Delays in Renewals of Local Identification Cards
October 6, 2025 | CanadaToronto Star: How Canada Can Take Advantage of Donald Trump’s $100,000 Charge for Skilled Worker Visas — and How Canada Can Lose Out
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

CJEU Allows Use of “Economic Employer” Concept to Determine Applicable Social Security Legislation

July 24, 2020

European Union

Countries / Territories

  • 🌐

Related contacts

Wim Cocquyt

Wim Cocquyt

Client Engagement Director Europe

Brussels (Benelux), Belgium

Email

[email protected]

T:+32 (0)2 250 4875

Related offices

  • Brussels (Benelux)

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Wim Cocquyt

Wim Cocquyt

Client Engagement Director Europe

Brussels (Benelux), Belgium

Email

[email protected]

T:+32 (0)2 250 4875

Related offices

  • Brussels (Benelux)

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Wim Cocquyt

Wim Cocquyt

Client Engagement Director Europe

Brussels (Benelux), Belgium

Email

[email protected]

T:+32 (0)2 250 4875

Related offices

  • Brussels (Benelux)

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Wim Cocquyt, Kristine Zaiceva

With its recent judgment in the AFMB case (C-610/18) of 16 July 2020, the Court of Justice of the EU (CJEU) has taken an important position regarding who should be considered as the actual “employer” of a subordinated worker for the purposes of determining the applicable legislation under EU Regulation 883/04.

Considering the changing European legal landscape, as well as the COVID-19 pandemic, companies are looking to review and plan strategically for the global mobility of personnel, especially across Europe, as borders gradually re-open and allow for intra-EU travel. One aspect that will definitely play an important role are the social security cost implications and, therefore, the applicable social security legislation.

Background

The context of the case in reference is that of long-distance truck drivers of transport undertakings, a category of workers typically performing their duties simultaneously in more than one EU member state (so-called “multi-state workers”). In particular, AFMB Ltd., a company based in Cyprus, had concluded agreements for the management of heavy goods transportation operated by several transport undertakings based in the Netherlands. To that purpose, it had hired a number of long-distance drivers residing in the Netherlands.

Under the EU Regulations on social security coordination, a multi-state worker is subject to the social security system of a single member state only. In principle, that is the social security legislation of his or her country of residence, on the condition he or she performs a substantial part of the work duties in that country. Workers who do not meet that criterion are subject to the social security legislation of the member state where the employer has its registered office or place of business.

The Ruling

The EU Regulations on social security coordination do not define the concept of "employer," nor do they expressly refer to the national law of the member states. According to the Court, a uniform definition must be given, taking into account the context and objectives of the social security coordination legislation.

With the ruling in the AFMB case, the Court, following the opinion of the Advocate-General, determined that one does not only have to look at the terms of the formal employment agreement, but that the most important criterion is the existence of the hierarchical relationship between “employer” and “employee,” and this must necessarily take into account all the practical circumstances of the employment.

In particular, the employer of an international long-distance lorry driver, for the purposes of the EU social security coordination rules, is the undertaking that has the actual authority over the driver, that actually bears the wage cost and has the real power to select or dismiss the worker, and not the undertaking that is (merely) named as the employer in the employment contract.

According to the Court, if an interpretation of the concept of the “employer” was based solely on formal considerations, such as the conclusion of an employment contract, this would open the door for employers to transfer the place that is relevant to the determination of the applicable social security legislation to jurisdictions with a favourable social security cost regime, and this would not be in line with the objectives pursued by the EU Regulations. In the context of the criteria to determine the social security legislation applicable to a multi-state worker, the purpose is to protect the worker under the social protection system with which he or she has the closest link.

How Fragomen Can Help

The CJEU decision in the AFMB-case comes as companies are remobilising after COVID-19 and are likely to prefer, going forward, intra-EU mobility and alternative work patterns, such as pan-European roles, rotational assignments and frequent short-term travellers across Europe.

In this context, the judgment of 16 July 2020 may have an important practical impact. It offers additional munition to government authorities’ scrutiny. It may also trigger more member states to introduce the “economic” employer concept (already known in the field of personal income tax) in the field of social security coordination, where it has only been implemented to a very limited extent so far. And, consequently, this is likely to have significant cost implications for companies.

Fragomen can support your company in navigating the European and international social security legislation, ensure compliance with A1 certificate of coverage applications and advise businesses in terms of social security cost implications, in accordance with the new CJEU ruling.

To learn more about how Fragomen can help you, please contact either Wim Cocquyt, at wcocquyt@fra sxgomen.com or Kristine Zaiceva, at [email protected].

This blog was released on 24 July 2020, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please visit our COVID-19 microsite, subscribe to our alerts and follow us on LinkedIn.

 

Countries / Territories

  • 🌐

Related contacts

Wim Cocquyt

Wim Cocquyt

Client Engagement Director Europe

Brussels (Benelux), Belgium

Email

[email protected]

T:+32 (0)2 250 4875

Related offices

  • Brussels (Benelux)

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Wim Cocquyt

Wim Cocquyt

Client Engagement Director Europe

Brussels (Benelux), Belgium

Email

[email protected]

T:+32 (0)2 250 4875

Related offices

  • Brussels (Benelux)

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Wim Cocquyt

Wim Cocquyt

Client Engagement Director Europe

Brussels (Benelux), Belgium

Email

[email protected]

T:+32 (0)2 250 4875

Related offices

  • Brussels (Benelux)

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Video

Italian Citizenship by Descent: Eligibility, Benefits and Application Process

Learn how to claim Italian citizenship through ancestry. This complete guide covers eligibility requirements, benefits and the step-by-step application process.

Learn more

Media mentions

Toronto Star: How Canada Can Take Advantage of Donald Trump’s $100,000 Charge for Skilled Worker Visas — and How Canada Can Lose Out

Partner Rick Lamanna shares key insights on how Canada can retain skilled workers and navigate shifting talent flows under changing US visa rules.

Learn more

Video

Bangladesh: Security Clearances and Challenges

Senior Manager Corrine Tan and Assistant Business Immigration Manager Joycelyn Ang discuss Bangladesh’s work permit security clearance process.

Learn more

Media mentions

The American Lawyer: Proposed H-1B Changes Make Foreign Lawyers More Expensive, but Also More Accessible

Partner Bo Cooper outlines how the proposed H-1B changes could affect Big Law hiring for foreign lawyers.

Learn more

Fragomen news

2025年9月 アメリカ移民法ダイジェストLearn more

Media mentions

Computer Weekly: How UK Immigration Must Evolve to Attract the Best Global Talent

Senior Manager Kinka Tonchev highlights how UK immigration must adapt to attract, retain and support the world’s top talent.

Learn more

Media mentions

Construction Management: Immigration Compliance: Is Your Firm Violating Visa Rules?

Manager Kirsty Moore and Trainee Solicitor Amanda Ong highlight rising UK construction sponsor licence risks and how businesses can stay compliant.

Learn more

Awards

Partner Abeer Al Husseini Recognised at the Gulf Business Awards 2025

Partner Abeer Al Husseini is recognised on the shortlist for "Women Leader of the Year" at the Gulf Business Awards 2025.

Learn more

Media mentions

The Washington Post: How Companies Might Avoid Trump’s New $100K Visa

Co-Chair Enrique Gonzalez highlights approaches for companies navigating changes to the H-1B visa process.

Learn more

Video

How to Get Your French Work Visa After Graduation: Job Seeker / Company Creation Permit

Learn how international graduates can stay in France for one year to find work or start a business. Discover eligibility requirements, application steps and transition options for the Job Seeker/New Business Creator permit. 

Learn more

Awards

Partner Priscilla Muhlenkamp Named 2025 National Law Journal Awards Finalist for "DC Managing Partner of the Year"

Partner Priscilla Muhlenkamp is a finalist for the 2025 National Law Journal Awards category, "DC Managing Partner of the Year."

Learn more

Media mentions

Post Bulletin: Trump’s New $100K Fee on Certain Work Visas Could Impact Rochester’s Medical Staff

Partner Bo Cooper highlights that new $100K H-1B fees could affect US employers, with possible exemptions for critical roles.

Learn more

Video

Italian Citizenship by Descent: Eligibility, Benefits and Application Process

Learn how to claim Italian citizenship through ancestry. This complete guide covers eligibility requirements, benefits and the step-by-step application process.

Learn more

Media mentions

Toronto Star: How Canada Can Take Advantage of Donald Trump’s $100,000 Charge for Skilled Worker Visas — and How Canada Can Lose Out

Partner Rick Lamanna shares key insights on how Canada can retain skilled workers and navigate shifting talent flows under changing US visa rules.

Learn more

Video

Bangladesh: Security Clearances and Challenges

Senior Manager Corrine Tan and Assistant Business Immigration Manager Joycelyn Ang discuss Bangladesh’s work permit security clearance process.

Learn more

Media mentions

The American Lawyer: Proposed H-1B Changes Make Foreign Lawyers More Expensive, but Also More Accessible

Partner Bo Cooper outlines how the proposed H-1B changes could affect Big Law hiring for foreign lawyers.

Learn more

Fragomen news

2025年9月 アメリカ移民法ダイジェストLearn more

Media mentions

Computer Weekly: How UK Immigration Must Evolve to Attract the Best Global Talent

Senior Manager Kinka Tonchev highlights how UK immigration must adapt to attract, retain and support the world’s top talent.

Learn more

Media mentions

Construction Management: Immigration Compliance: Is Your Firm Violating Visa Rules?

Manager Kirsty Moore and Trainee Solicitor Amanda Ong highlight rising UK construction sponsor licence risks and how businesses can stay compliant.

Learn more

Awards

Partner Abeer Al Husseini Recognised at the Gulf Business Awards 2025

Partner Abeer Al Husseini is recognised on the shortlist for "Women Leader of the Year" at the Gulf Business Awards 2025.

Learn more

Media mentions

The Washington Post: How Companies Might Avoid Trump’s New $100K Visa

Co-Chair Enrique Gonzalez highlights approaches for companies navigating changes to the H-1B visa process.

Learn more

Video

How to Get Your French Work Visa After Graduation: Job Seeker / Company Creation Permit

Learn how international graduates can stay in France for one year to find work or start a business. Discover eligibility requirements, application steps and transition options for the Job Seeker/New Business Creator permit. 

Learn more

Awards

Partner Priscilla Muhlenkamp Named 2025 National Law Journal Awards Finalist for "DC Managing Partner of the Year"

Partner Priscilla Muhlenkamp is a finalist for the 2025 National Law Journal Awards category, "DC Managing Partner of the Year."

Learn more

Media mentions

Post Bulletin: Trump’s New $100K Fee on Certain Work Visas Could Impact Rochester’s Medical Staff

Partner Bo Cooper highlights that new $100K H-1B fees could affect US employers, with possible exemptions for critical roles.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.