Episode 42: Responsibilities

00:00:00: An employee falls ill.

00:00:02: Medically speaking, the case seems clear but he lives in one country and works another.

00:00:09: Suddenly it is not just doctors who have to make a decision – two social security systems also need to understand what has happened….

00:00:18: …and what entitlements arise from

00:00:20: it.".

00:00:22: I have a recent case!

00:00:24: It's young man working here at Luxembourg and fell ill with long

00:00:32: Covid.

00:00:33: This is Nicole Stiel-Ehlens, she was born in Luxembourg holds both German and Luxemburgish nationality And was herself a cross border worker for many years.

00:00:45: She has now retired serves as chair of the LCGB's German Cross Border Workers Commission... ...and is responsible to re-opening of the advice centre in Wasserbillig.

00:00:58: This long Covid is recognised in Germany.

00:01:02: Here, in Luxembourg they're fighting to have it recognised.

00:01:05: We are currently waiting for answers because doctors here believe the young man doesn't have it even though its been very clearly diagnosed in Germany.

00:01:16: The Young Man himself does not speak on this episode.

00:01:19: we only know about his case from the counselling sessions.

00:01:23: But even from this account, it becomes clear what cross-border work means in a crisis.

00:01:28: An illness does not stop at the border – its legal and social security implications however might!

00:01:36: This is part two of three-part series on challenges faced by Cross Border Workers within EU.

00:01:43: If you haven't listened to episode one It's best start there.

00:01:47: Hello And welcome to We Work Europe The podcast of the European Centre for Workers' Questions.

00:02:09: Nicole Steele-Elen's encounters conflicts similar to one we've just heard when dealing with occupational diseases and disability pensions.

00:02:21: People who have an occupational illness but is recognised on both sides, still find themselves facing problems as why they are not after all receiving this disability pension.

00:02:33: This is partly due to deadlines that must be met here in Luxembourg, which are completely unknown in Germany.

00:02:40: As a result many people do not react straight away and by the time they do react it's very often already too late for Luxemburg.

00:02:50: For those affected this almost impossible make sense of.

00:02:54: They need know which authority or country is responsible Which documents are recognised?

00:03:01: What deadline and whether they need to contact the health insurance provider in their country of residence, or both.

00:03:12: This also changes the role of the trade union – it involves tax assessments, health insurance, pensions & forms.

00:03:22: Here at the cross-border commuters office we have nothing do with collective bargaining that falls within a different remit.

00:03:30: It's a form of social work counselling, because we try to help people with issues that are so-to speak their right.

00:03:41: This is precisely where political tension lies.

00:03:44: European and national regulations are intended to safeguard entitlements.

00:03:49: In practice however there often need for an additional institution To explain how person can actually access these entitlements.

00:03:59: For trade unions, this advisory service also offers an opportunity to raise their profile.

00:04:05: Nicole Steele Elence says quite openly those who help people with very specific problems can also attract new members.

00:04:14: yet providing advice is more than just recruitment.

00:04:18: it addresses cases for which no one else often feels fully responsible.

00:04:23: Nicole Steel Elence has been working.

00:04:28: During this time, many things have become easier.

00:04:32: The European Health Insurance Card has replaced the old paper forms – documents can be accessed online.

00:04:39: Public transport in Luxembourg is free from the border onwards.

00:04:44: At the same time, processes are more drawn out and cases more complex.

00:04:53: It's changed very much.

00:04:56: Take Transport for example.

00:04:58: Back when I started out, there wasn't even a motorway leading into Luxembourg City.

00:05:03: There was just a country road and hardly any traffic on it!

00:05:08: Now they're are motorways... ...and those are completely gridlocked – public transport?

00:05:14: That's something people used to dream of….

00:05:16: These days things are much more geared towards meeting peoples' needs.

00:05:26: More infrastructure More digitalisation, more experience.

00:05:31: And yet there is still a need for advice!

00:05:35: Is this special case of Luxembourg?

00:05:38: A look at the upper Rhine region shows that it's not.

00:05:42: My name is Daniela Zink

00:05:44: and my name is... I work for the Karlsruhe-Rastad Agency and have been involved in cross-border work for many years.

00:05:54: This dates back to the early nineteen nineties, when the European Commission launched the Eurosti Network.

00:06:00: Efforts were made to recruit various partners from within EU including the employment services And of course The border agencies are particularly affected by this.

00:06:17: Daniela Zink has been with the company since it was founded in nineteen ninety-four.

00:06:23: When Daniella Zink began providing cross border consultancy services, she was a technical pioneer within her agency.

00:06:31: She was given a computer that could send emails.

00:06:34: A fax machine stood alongside It.

00:06:37: Information about The French Labour and Social Security System had to be pieced together from publications libraries And paper files.

00:06:46: That hasn't made the cases any easier, however.

00:06:49: People want to work abroad – they move across the border They lose their jobs Or after years spent in several countries….

00:06:57: …they need a certificate confirming their previous periods of insurance.

00:07:02: Daniela Zink is constantly faced with the same questions.

00:07:11: We

00:07:11: receive inquiries such as I'd like to move abroad What happens to my social security?

00:07:17: Where am I insured, how do i pay for my taxes.

00:07:21: How do I apply if a job is abroad?

00:07:23: There are people who were very well informed and just need final confirmation but there also other people that moved to France don't realise they should apply for a Social Security card.

00:07:35: The Public Employment Service cannot answer such questions on its own.

00:07:46: Trade unions are familiar with employment law, job centres provide assistance with job searches and unemployment.

00:07:53: health insurance funds confirm periods of insurance.

00:07:57: French & German authorities operate according to different procedures.

00:08:02: that is why cross-border networks and joint placement services have been set up in the upper Rhine region.

00:08:09: Daniela Zink describes this collaboration as a jigsaw puzzle.

00:08:17: Every partner involved in the network has specific areas of expertise.

00:08:22: The DGB was able to assist us with matters relating to employment law, staff at the Federal Employment Agency are also involved.

00:08:32: If a cross-border worker becomes unemployed and has to register in France, they need a certificate detailing their periods of employment in Germany so that the unemployment benefit can be calculated.

00:08:44: The Federal Employment Agency issues this certificate.

00:08:48: So each partner has its own area of expertise which we then piece together.

00:09:00: This works particularly well where personal contacts have developed over many years, where advisors know who to call in the other country and whether there are people that deal with special rules on a permanent basis.

00:09:13: Yet this is precisely where a weakness lies – several of the joint referral services in the upper Rhine region has since been scaled back.

00:09:24: Experienced advisers are due to retire in coming year's.

00:09:28: at same time Younger people in Alsace and France are speaking German less-and-less.

00:09:34: A border that is legally open can once again become a barrier due to language, lack of contacts or bad experiences.

00:09:43: The pandemic has shown just how quickly this could happen.

00:09:46: In spring twenty-twenty Border controls were reintroduced.

00:09:52: People were late for work.

00:09:54: Employers said you'd better stay at home.

00:09:57: It wasn't clear who would cover the loss of earnings, and that led some cross-border commuters to decide they no longer wanted a work in Germany.

00:10:10: Wasserbeelig and The Upper Rhine illustrate two variations on the same answer – when national systems are incompatible networks are established between them trade unions, employment services and individual specialist advisors interpret the rules... ...and identify who is responsible for what.

00:10:30: But advice can only explain what has been decided at a political level.

00:10:35: It cannot extend a deadline that has already passed.

00:10:38: it cannot turn twenty-seven social security systems into one And it cannot prevent new European rules from initially raising new questions.

00:10:49: Such a reform is currently on the horizon.

00:10:52: It concerns a moment when cross-border workers are particularly vulnerable, in case they lose their job.

00:10:59: In future there will be change.

00:11:01: which country pays unemployment benefit?

00:11:04: Is this step towards common European welfare state or merely next attempt to better integrate national systems?

00:11:13: That's what episode three is about.

00:11:17: If you like We Work Europe Do give us a five-star rating and don't forget to subscribe.

00:11:23: Also, if you have any interesting topics or feedback for us just contact ESA at easa.org.

00:11:31: WeWork Europe is the podcast from ESA – The European Centre For Worker's Questions which receives financial support from the European Union.

00:11:40: This podcast was narrated by me Rebecca Sharp Script & Production By Escucha Audio Identity.