The posting of workers in the EU comes with a defined set of rules. As an employer 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 with 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 when a person comes to work for you from a different EU country than the one where your business is registered or operating and is hired through an agency providing temporary staff. In this case, an employment relationship must exist between the worker and the temporary or placement agency you use. You can also post workers who are third-country nationals (non-EU), provided they are legally residing in one of the EU Member States. EU posting rules apply to them as well.
Warning
As a general rule, posted workers must be registered in their home country’s social insurance system for at least 1 month before being posted. Shorter periods might be allowed after a case-by-case evaluation.
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 universally applicable collective agreements – in the host country in relation to:
- minimum rest periods
- maximum working time
- minimum paid annual holidays
- remuneration (including its all mandatory elements) as defined in national law or universally applicable collective agreements
- health and safety at work
- 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
- the conditions of workers’ accommodation in the host country, if this should be provided by an employer
- allowances or reimbursement of expenditures to cover travel, board and lodging costs when required during the posting assignment
If these employment terms and conditions in your own country are more favourable to your staff than those of the host country, you should maintain these conditions during the posting.
For sectors other than the construction sector, the remuneration and annual holiday requirements are not obligatory when:
- the initial installation and/or initial assembly of certailn products by specialised members of your staff is an integral part of your contract with the partner in the other country; and
- your staff is posted to the other country for a period of less than 8 days per year
Warning
EU countries may decide - after consulting employers' and employees' representatives - that the host country's remuneration and annual holiday requirements do 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.
Obligations to inform posted workers
If you post your staff for a consecutive period of more than four weeks, you must provide them in writing, before their departure, with the following information:
- country or countries where your staff will work (host country)
- expected duration of the work abroad
- currency to be used for the payment of the remuneration
- any benefits (in cash or other) related to the work assignment
- information on repatriation: whether it is provided and, if yes, with what conditions
- remuneration according to the applicable law of the host country
- any specific allowances related to the posting
- arrangements for reimbursing travel, board and accommodation expenses
- a link to the host country’s national official website on posted workers
Long term posting
If the posting period is longer than 12 months (or 18 months if you submit a motivated notification to the host country) you must guarantee your staff all the mandatory terms and conditions of employment of their host country, except those regarding the termination of their contract or supplementary working pensions.
For more information on the motivated notification procedure, please check the national website of the host country.
Declaration obligations
As an employer, you may also need to send a notification to the authorities in the host country before (or at the latest when) the posting begins, with the following details:
- identity of the employer
- number of posted workers
- contact person for the employer
- address of the workplace of posting
- expected duration of the posting, including start and end dates
- the type of service provided during the posting
- a contact person who will liaise with the authorities in the host country
Moreover, you should inform the competent institution of the host country if any changes will take place, such as if the posting does not take place or is interrupted.
Read more about the declaration obligations on the website of the host country.
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 in the country where the employees are insured. 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 period lasts longer than 24 months or needs to be prolonged, you as an employer can:
- request the issuer of the PD A1 to grant an extension – this is not granted automatically and 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
Business trips and posted workers
If you send workers to another EU country on a business trip to attend conferences, meetings, fairs, trainings, etc, those workers are not posted workers. Such business trips do not fall under the rules for posted workers, since in this context workers do not provide a service in the host country.
In terms of social security, however, if you send your workers to a business trip you must still inform the host country’s administration whenever possible in advance, and request the form Portable Document A1 (PD A1)
National websites and contact details
Each EU country has a website with detailed information about posting workers abroad. On national websites you can also find contact points that 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 on a specific EU host country, visit the relevant national website below.
Choose country
National Liaison Offices
Every country has a competent authority that can answer questions on the posting of workers. The contact details of these National Liaison Offices are under the Ask national administrations button below.
You are self-employed and intend to work abroad for a few months. Read the FAQ to know what formalities are necessary.
More information
Read the short guide on the posting of workers to learn more on posted workers in the EU
See also the practical guide on posting legislation