Update on home office in neighbouring countries: DVKA confirms German participation in exception regulation

3. May 2023

A new framework agreement at EU level regulates (upon request) the retention of social security in the case of (up to 50%) telework in the country of residence, if this is not the same as the employer’s country. Individual EU states are free to participate in this derogation. More information on the requirements and procedures can be found in this article.

After Belgium and the Netherlands, Germany’s participation in the new derogation has now also been confirmed. This emerges from a statement of the DVKA to the state parliament of North Rhine-Westphalia.

It states in the last paragraph that the GKV-Spitzenverband, DVKA will sign the framework agreement for Germany in coordination with the Federal Ministry of Labour and Social Affairs. Apparently, the Netherlands and Belgium will also participate in this framework agreement in addition to Germany.

This means that cross-border commuters between Germany, Belgium and the Netherlands would soon be able, under certain conditions, to apply for their social security situation to be treated in accordance with this new framework agreement. In other words, they can apply for their social insurance not to be transferred to their country of residence, even if they work more from home.

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