Last checked 13/07/2018
Posting staff abroad
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:
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 limited period for contractual purposes, you will have to respect the ‘posting' rules. These rules also apply if 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 you use a placement agency or a temping agency to hire someone from a different EU country to work in your business registered in another EU country. In this case an employment relationship must exist between the worker and the temping 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 expenses)
- protective measures for pregnant women and women with babies
- equal treatment between men and women
If the employment terms and conditions in your own country are more favourable to your staff than in the host country, you can of course 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 pay and annual holiday requirements are not obligatory if the whole posting lasts for less than 8 days.
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 placement agencies.
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.
Social security rules for posted workers
While working temporarily in another EU country, your posted staff can stay covered by the social security system of the country where they worked before the posting.
You should also be aware that there are different rules for social security during posting abroad for employed staff and self-employed workers.
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Your EURES Adviser can inform you on working conditions as well as assist you in the recruitment procedures in your country or your cross-border region.