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An EU company supplying temporary labour to a different member state of the European Union can affiliate its workers to the social security system of its home country but only if it carries out "significant activities there", the European Court of Justice has ruled.
In doing so, the court's judges have dismissed claims brought against recruitment consultancy Fitzwilliam Executive Search, of Ireland, by the Dutch authorities, that its employees should pay contributions to the Netherlands social security system, because its turnover between 1993 and 1996 was higher in Holland than in Ireland.
The Dublin-based company appealed to the ECJ, citing EU laws that allow workers to use the social security system of their employer, when they perform work in another EU state "for a specific duration of work not exceeding 12 months".
