Towards a «community» notion of «partial unemployment» in the frontier work for the purpose of determining the state competent to grant unemployment benefits

Abstract

According with the doctrine of the TJUE, the art. 71, ap. 1, letter a), clause i), of the Regulation nº 1408/71, must be interpreted to the effect that it has the condition of frontier worker in partial unemployment, a frontier worker who, immediately after the end of a labor full-time relation with a employer in a Member state, is part-time contracted by another company in the same Member state. Consequently, the competent State for the recognition of the benefits for partial unemployment (still in case of a frontier worker) is that State in which the worker continues realizing his partial presentation of services -and even contracted by another company- and not that of the territory of his residence.