A French court referred the CJEC within a litigation opposing a French insured employee, who finished his career in Belgium, to his social security office, regarding the way the asbestos compensation he was entitled to was calculated. The office had taken into account the last wages he had perceived in France, 10 years before. In a judgment given on November 9, the CJEC ruled that this way of estimation is a discrimination against migrant workers. However, it does not require the French office to bring the wages perceived abroad in its estimation. The latter has to be based on "the wages the employee could have perceived" if he had kept on working in France. (Ref. 061122)
According to the December 23, 1998 law, the “asbestos compensation,” aiming at correcting the professional prejudice undergone by employees and former employees exposed to asbestos before they can enjoy their retirement pension, is calculated according to the last pay perceived. This measure, in appearance favorable for the interested parties, is nonetheless likely to turn against them when they have to finish their carrier outside of France, with higher wages than what they perceived in France
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