Case C-713/20, Social Insurance, Temporary Agency Work
Must Article 11(3)(a) of [Regulation (EC) No 883/2004] be interpreted as meaning that a worker who resides in a Member State, and works in the territory of another Member State on the basis of a temporary agency contract, under which the employment relationship ends as soon as the temporary assignment ends and is then resumed again, remains subject to the legislation of the latter Member State during the intervening periods, so long as he has not temporarily ceased that work?
What factors are relevant for assessing whether or not there is a temporary cessation of activity in such cases?
How much time must elapse before a worker who is no longer in a contractual employment relationship is to be regarded as having temporarily ceased his activity in the country of employment, unless there are concrete indications to the contrary?
X,Y – v – Raad van bestuur van de Sociale verzekeringsbank, reference lodged by the Centrale Raad van Beroep (the Netherlands) on 24 December 2020