Social security agreement Switzerland – Albania
The agreement covers the areas of AHV/OASI (old age and survivors’ insurance) and IV/AI (disability insurance).
The negotiations had been ongoing from 2017 onwards. With the agreement’s entry into force, the circle of agreements with the various Balkan states has been completed.
The previous Message on the Agreement states the following: (free translation into English)
The agreement is based on the following principles: equal treatment of nationals of both contracting states to the greatest possible extent; easier access to the benefits of the contracting states, in particular through the crediting of insurance periods completed in the other state for the acquisition of benefits; unreduced payment of benefits abroad; cooperation between the authorities of the contracting states. It also provides for a comprehensive anti-abuse clause and regulates the reimbursement of unduly paid benefits.
The agreement also aims to facilitate the mobility of persons and avoid double subordination. To this end, the agreement contains provisions on the applicable legislation for workers who have a connection with both states. In particular, the subordination provisions stipulate that persons who have been temporarily posted to the territory of the other state by their employer remain insured in their country of origin and are exempt from the obligation to pay contributions in the posting state.
Albanian nationals who have paid contributions in Switzerland can draw a Swiss pension after leaving Switzerland.
Further details can be read in German at https://www.newsd.admin.ch/newsd/message/attachments/72706.pdf
The text of the agreement itself is currently available in German at
https://www.fedlex.admin.ch/eli/fga/2022/2195/de
What are the companies interested in?
- A posting in terms of social security law is possible from Switzerland to Albania and vice versa, irrespective of the nationality. It is possible to work for a maximum of 24 months. A certificate of posting must be applied for.
Family members accompanying the employee are subject to the legislation of the country of origin during the temporary activity abroad with the employee and remain insured there, provided they do not pursue gainful employment abroad themselves. - The principle of the place of gainful activity applies irrespective of nationality. A person who works both in Switzerland and in Albania is subject to the respective social security system for the respective activity.
- The competent authorities may also make exceptions for individuals or certain groups of people.
Those who want to explore the area of entitlements to benefits in more depth will find one or the other detail in the agreement itself. Claims for benefits cannot be asserted for the period before entry into force, but insurance periods and insurance events that were completed or occurred before entry into force will be taken into account. No claim can be made if settlements or refunds of contributions have been made.
Swiss nationals residing in the territory of Albania may join the voluntary OASI/DI scheme without reservation according to the transitional clauses.
Social security agreement Switzerland – UK
This agreement has already been provisionally applied since 1.11.2021. Nothing will change from October 2023 compared to the provisionally applied agreement.
Explanations of the agreement itself can be found in this
https://www.zulaufgmbh.ch/en/social-security-switzerland-and-uk/
and this blog
