Posting staff abroad
UK decision to invoke Article 50 of the TEU: More information
As of 30 March 2019, all EU law will cease to apply to the UK, unless a ratified withdrawal agreement establishes another date, or the European Council and the UK decide unanimously to extend the two-year negotiation period. For more information about the legal repercussions for businesses:
You must respect the ‘posting' rules if:
- your business has a contract with business partners in other EU countries and your staff need to go to that EU country for a specific period for the purposes of providing services
- you send a staff member to a business you own in another EU country
In both cases, there must be an employment relationship between you and the person being posted.
Posting rules also apply if the person is hired through an agency providing temporary staff and is coming to work for you from a different EU country than that where your business is registered or is operating. In this case, an employment relationship must exist between the worker and the temporary or placement agency you use.
Conditions of employment in the host country
You must guarantee your staff the same conditions and terms of employment throughout their posting as those in force - either by law or collective agreements - in the host country in relation to:
- minimum rest periods
- maximum working time
- minimum paid annual holidays
- minimum wage - allowances specific to the posting (such as daily allowances) are considered to be part of the minimum wage unless you pay these allowances in reimbursement of costs actually incurred by your posted staff (such as accommodation and travel and meal expenses)
- protective measures for pregnant women, women who have recently given birth and young people (under the age of 18)
- equal treatment between men and women
If these employment terms and conditions in your own country are more favourable to your staff than those of the host country, you can maintain these conditions during the posting.
If initial installation and/or initial assembly of certain products is an integral part of your contract and your skilled staff have to carry out these activities, the minimum payment and annual holiday requirements are not obligatory, if the whole posting lasts for less than 8 days per year.
EU countries may decide - after consulting employers' and employees' representatives - that the host country's minimum pay and annual holiday requirements need not apply if the whole posting lasts for less than 1 month. This exemption does not apply to workers posted through agencies providing temporary staff.
Social security rules for posted workers
While working temporarily in another EU country, your posted employees, or you as self-employed, can continue to be covered by the social security system of the country where they worked before the posting.
As an employer, you must inform the host country's administration in advance, and request a form called Portable Document A1 (PD A1) issued by the social security institution you are registered in your country. The PD A1 confirms that the posted employee is registered under the social security system in your home country and does not need to pay contributions in the country of posting.
When requesting the PD A1, you need to specify the start and end date of the posting in the other EU country. The maximum period you can indicate on the form is 24 months.
If the posting lasts longer than 24 months, you as an employer can:
- request the issuer of the PD A1 to grant an extension – this is subject to a mutual agreement between the home and the host countries
- let your employee subscribe to the social security system of the host country
The rules for social security during posting abroad may differ if you are self-employed.
National contact points and websites
Each EU country has at least one contact point which can give you detailed information about posting staff abroad. Contact points also cooperate and share information, monitor the terms and conditions of employment during the posting, and follow up alleged infringements of the rules.
For more information, check the national website of the host country.
- United Kingdomuken