Postings abroad

Updated : 12/2012

Conditions & formalities – employees

A posting is when your employer requires you to work abroad for a limited period.

If you are posted to another EU country:

• you can remain covered (for up to 2 years) by your home social security system (the system of the country where you usually work)
• you won't need a work permit *.
  *unless you are posted from Romania or Bulgaria to Austria or Germany, where restrictions still apply — in certain sectors, you might still need a work permit.
  
  For details, contact the Austrian or German liaison office for posted workers.

If you switch to the social security system of the country where you're posted, you'll have to pay contributions there.

Remaining in your home social security system

Before leaving for your posting, make sure your employer gives you an A1 form (former E101 form). This form authorises you and your dependants to remain covered by your home system while working abroad – for up to 2 years.

To find out which body can issue this document, contact the liaison office for posted workers in your home country.

If, once your posting ends, you want to retain this home-country cover in a 2nd posting abroad, there has to be a gap of at least 2 months between the 2 postings.

If you continue to work abroad without this gap, you'll automatically acquire "expatriate" status, meaning you have to pay contributions to the host-country system.

Exception – if you couldn't complete the work specified in your A1 form due to unforeseen circumstances (illness, weather conditions, delays in delivery, etc.), you or your employer may request an extension of your initial posting period until your planned work is completed, without having to observe the 2-month gap.

However, the length of time you can work in the host country while remaining covered by your home social security system is still limited to 2 years in total.

Staying longer than 2 years

When it's clear from the start that the posting will last longer than 2 years, your employer can request an exemption, which would allow you to remain covered by your home social security system for the duration of your posting.

Such exemptions, which vary from case to case, require the agreement of the relevant authorities in every country concerned and are valid for a defined period only.

Advance declaration

Your employer might have to fill in an advance declaration for posted workers, to inform your host country about its intention to post you there. Many countries require this declaration, to ease controls on posting procedures.

For details, contact the liaison office for posted workers in the country you're going to.

Professional qualifications

To work temporarily in another EU country, you don't need to apply to have your qualifications recognised.

You may, however, need to make a written declaration (paper or electronic) in the country you're going to if:

• this is the first time you'll be practising your profession there and/or
• your work could have a serious health or safety impact on clients.

To find out if this is required, check with the national authorities in the host country.

For any further help or information with the formalities required to practice your profession, contact the host-country contact point for professional qualifications.

Declarations

If a declaration is required, you must submit it:

• directly to the host-country authority responsible for your profession (to find out which authority this is, ask the national contact point there).
• any time before you start working in the host country (even if you're not certain you'll actually be working).
• once a year only (not every time you wish to provide a particular service).

It should contain the following:

• name, surname and contact details
• nationality
• profession in the country where you usually work and profession you wish to practise in the host country
• information on your professional liability insurance: insurer, contract number (ask your employer)
• reference to any declarations submitted previously in the same country.

And the following supporting documents:

• proof of your nationality
• proof you are legally established in an EU country and not prohibited from practising, even temporarily
• evidence of professional qualifications
• proof you have practised the profession in question for at least 2 of the last 10 years (when neither the profession nor the training for it was regulated in the country where you are legally established)
• proof you have never been convicted of any serious criminal offence (if you have a security-related job, for example security guard).

Professions with health or safety impact on clients

If the profession you want to practise involves a potential threat to public health or safety, your host country may want to check your qualifications in advance.

Does your profession require this advance check? Ask the host-country contact point for professional qualifications.

If it does, it can take 1 — 4 months longer (after the authority receives your declaration) to get the authorisation you need.

To speed up the authorisation, make sure your declaration contains all the right information and documents. Missing documents or mistakes can cause unnecessary delays.

The host-country authority may also impose additional conditions such as asking you to pass a test or begin your stay with a period of supervised work.

Usually, you're expected to comply with these conditions 1 month after being informed of them. If this is not possible (for example you have to pass a test, but no tests will be organised in that period), you can call on our assistance services.

Certified translations

If your qualifications are verified — because of a potential health or safety impact on clients — you may be asked to provide a certified translation of your documents.

However, EU rules state that:

• this requirement applies only to key documents, such as the qualifications themselves.
• the authorities are obliged to accept sworn translations from other EU countries.

In addition, the following professionals are not required to provide a certified translation of their qualifications:

• doctors
• general nurses
• midwives
• veterinary surgeons
• dental surgeons
• pharmacists
• architects.

Your employer's obligations

For the duration of your posting, your employer is obliged to comply with the host country's basic rules on employee protection, including:

• minimum wage (your salary may not be less than the local minimum wage)
• maximum work periods and minimum rest periods
• working hours (you may not work more than a defined amount of hours)
• minimum paid annual leave (you are entitled to holidays)
• health and safety at work
• employment conditions for pregnant women and young people
• rules prohibiting child labour.

Please check your rights as an employee with the host-country liaison office for posted workers.

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