Claiming unemployment benefits as a cross-border worker having lost their job in Luxembourg

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In the event of involuntary loss of employment in Luxembourg, cross-border workers may, under certain conditions, receive financial aid in their country of residence to compensate for the lack of a main source of income.

They can also register with ADEM to look for a job in Luxembourg.

Any unemployment benefits will be paid by the appropriate body in the country of residence, not by the ADEM, even if the unemployed person is also registered with the ADEM.

It should be noted, however, that self-employed cross-border workers having had to discontinue their sole activity based in Luxembourg may, under certain conditions, claim full unemployment benefits in Luxembourg.

Who is concerned?

The term 'cross-border worker' refers to any worker who performs their professional activity in one Member State and resides in another Member State to which they return, in principle, each day or at least once a week.

Example: a Belgian resident working in Luxembourg.

If they meet the criteria to receive unemployment benefits, cross-border workers who lost their jobs in Luxembourg involuntarily are eligible for unemployment benefits in their country of residence.

Self-employed cross-border workers having had to discontinue their sole activity based in Luxembourg may, under certain conditions, claim full unemployment benefits in Luxembourg.

Prerequisites

Preliminary steps

Application for unemployment benefits for cross-border workers follows registration as a jobseeker with the appropriate body in their country of residence.

Cross-border workers who were previously employed in Luxembourg and find themselves unemployed cannot receive unemployment benefits in Luxembourg. Consequently, they must contact the appropriate authorities in their country of residence – i.e.:

  • in Germany: the Bundesagentur für Arbeit;
  • in Belgium: the FOREM;
  • in France: Pôle Emploi.

Nevertheless, cross-border workers who wish to do so may also register with the National Employment Agency (ADEM). By registering with the ADEM, border workers will be assisted and supported in their job search in Luxembourg by experienced advisers. 

How to proceed

Cross-border employees entitled to full unemployment benefits

Recipients of full unemployment benefits

Cross-border workers who are fully unemployed shall receive unemployment benefits under the legislation of their country of residence, regardless of the location of their last job and according to the aid scales of said country of residence.

Example: former cross-border workers in Luxembourg residing in France will receive unemployment benefits from the appropriate body in France, the Pôle Emploi.

Conditions for the granting of aid

To receive unemployment benefits in their country of residence, unemployed cross-border workers must:

  • Have their last employer in Luxembourg complete the form entitled ‘Attestation of employment – Cessation of the employment relationship’;
  • submit the completed attestation to the ADEM Job Protection Department, which will fill in and send an U1 form (based on the ‘attestation of employment’) to the appropriate institution of the cross-border worker’s country of residence;
  • for the following procedures, please refer to the appropriate body in the country of residence – namely:
    • in Germany: the Bundesagentur für Arbeit;
    • in Belgium: the FOREM;
    • in France: the Pôle Emploi.

Amount of benefits

The most recent income in Luxembourg will be used as the basis for calculating the amount of the benefits. The law of the country of residence shall then determine the percentage of the allowances to be paid and the duration of payment.

Health insurance

As regards health insurance, cross-border workers who are fully unemployed shall receive benefits in kind and in cash under the legislation of their country of residence as if they had been subject to that legislation during their most recent employment.

Example: a fully unemployed cross-border worker resident in Germany is entitled to benefits in Germany.

Self-employed cross-border workers entitled to full unemployment benefits

Beneficiaries of full unemployment benefits

Self-employed cross-border workers having had to discontinue their sole activity based in Luxembourg may, under certain conditions, be entitled to unemployment benefits in Luxembourg.

Conditions for the granting of benefits

To qualify for unemployment benefits in Luxembourg, self-employed cross-border workers who are unemployed must:

  • be registered as jobseekers with the ADEM and have worked on a self-employed basis in Luxembourg for at least 6 months prior to registering;
  • be aged between 16 and 64;
  • reside in Belgium, Bulgaria, Cyprus, Croatia, Estonia, Latvia, Liechtenstein, Lithuania, France, Iceland, Italy, Malta, Norway, the Netherlands or the United Kingdom.

Self-employed cross-border workers who do not reside in one of the aforementioned 15 countries must apply to the appropriate institution of their country of residence. They are not entitled to full unemployment benefits in Luxembourg;

  • prove a minimum of 2 years of compulsory contributions to Luxembourg social security institutions;
  • be fit to work, available for work and willing to accept any appropriate job.

Necessary procedures

Unemployed self-employed cross-border workers residing in one of the aforementioned 15 countries must register as a jobseeker with the ADEM. They must present:

  • a declaration of honour;
  • a certificate of non-compensation from the appropriate institution of their country of residence.

Online services and forms

Who to contact

National Employment Agency

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Related procedures and links

Procedures

Links

Further information

Legal references

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