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Cross-border commuting

Updated : 11/2011

Work-related rights

Equal treatment

Where you work — As a cross-border commuter (employed or self-employed) you have the right to equal treatment with colleagues who are nationals of the country where you work. This covers:

  • basic benefits — sickness benefits, maternity and paternity benefits, invalidity, old-age and survivors' pensions, insurance against accidents at work and occupational diseases, death grants, early-retirement and family benefits
  • supplementary benefits granted to other workers in the country where you work —  reduced train fares, top-up pensions, educational grants, access to educational institutions, unemployment benefits for your children when looking for their first job or parking cards for disabled people.

Where you live — Whether or not you are a national of the country where you live, you have the right to live there even if you go to work across the border, because you are considered as having sufficient means to support yourself.

Which country's laws apply?

In everyday life, you are subject to the laws of both countries.

The laws where you work cover:

The laws where you live cover:

  • property taxes and most other taxes;
  • residence formalities.

Sample story

Make sure you don't lose out if you have worked in another country

Evelien from the Netherlands worked as a cross-border commuter in Germany for 10 years. In that time, she set up a German private pension and obtained a savings-pension bonus from the German authorities.

When she retired, the German authorities asked her to pay back all savings-pension bonuses she had been paid over the past 10 years. They said it was because she had stopped paying taxes in Germany. But as soon as Evelien stopped working in Germany, she had to pay taxes in her country of residence, the Netherlands.

Evelien took this matter to the German courts. They agreed that, as a cross-border commuter, she was entitled to the bonus, which counts as a supplementary benefit. Evelien did not have to pay back the bonus.

If you are refused a supplementary benefit granted to workers in the country where you work, contact a European employment adviser or our information and assistance services.

Sample story

Benefits you are entitled to in the country where you work

Rosita lives in Italy with her husband and 3 children, but works in France. She applies for a discounted train pass for large families, but had it refused because neither she nor her children live in France.

Rosita should insist and, if necessary, seek help from the various EU assistance services. All EU workers with large families (in many countries, 3 or more children) are entitled to cheaper train travel in the country where they work from the day they start work — if such reductions are available to nationals of that country.

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