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The posting of workers

The EU has set rules to guarantee the protection of posted workers while also preserving the freedom to provide cross-border services.

What is a posted worker?

A 'posted worker' is an employee temporarily sent by their employer to provide a service in a member state other than the one in which they normally work.

When the posting has finished, the posted worker returns to the EU country where they were posted from.

The posting of workers is based on the principle of freedom of movement of services within the EU, one of the four freedoms of the single market.

Main sectors for posted workers

Construction

Manufacturing

Transport (road/freight)

Warehousing

Financial, professional, scientific and administrative services

Human health and social work

The EU's rules on the posting of workers

The EU has set rules to ensure that the rights and working conditions of posted workers are protected throughout the EU and to guarantee a level playing field between posting companies and hosting companies, while maintaining the principle of free movement of services.

Working conditions

Whichever country's terms and conditions of employment are more advantageous will apply to posted workers.

This means that posted workers will be subject to the rules of their host country if they are more advantageous than those of their home country. In that case, their employer must comply with the host country's basic rules on employee protection and terms of employment related to, for instance:

  • remuneration
  • maximum work periods
  • minimum paid annual leave
  • equal treatment between men and women
  • travel allowance

If the terms and conditions are more favourable in a posted worker's home country, the employer must continue to apply the home country’s terms and conditions while the worker is posted.

The rights and obligations of posted workers

Posted workers remain insured in their home country and they do not need to register with the social security authorities in their host country.

They do, however, need to ask the social security authority in their home country to issue an attestation (Portable Document A1) to certify that they are insured in their home country before starting to work in the host country. This obligation does not apply for business trips and short activities (up to three consecutive days of work within a 30-day period). This exception does not apply in the construction sector.

Temporary employment agencies

Temporary employment agencies must guarantee posted workers the same terms and conditions of employment as temporary workers hired in the member state where the work is carried out.

Long-term posting

If a worker is posted for more than 12 months (or 18 months in exceptional cases), then nearly all aspects of the labour law of the host country will apply to them. If the posting lasts for more than 24 months, they become subject to the social security system of the host member state.

The e-declaration of posted workers

To ensure compliance with EU legislation aimed at ensuring the protection of posted workers, employers in one EU country can be require to send a notification ('a posting declaration') to the authorities in the host country before (or at the latest when) the posting begins. All EU countries have established such an obligation.

The EU is working on fully digitalising posting declarations through the establishment of a common online interface so businesses will no longer have to fill in different forms for each member state. This will help harmonise rules and lighten the administrative burden.

Companies could save more than 70% of the time required to complete posting declarations by using the electronic standard form, and 81% of the overall administrative cost related to the submission of posting declarations, if all member states join the initiative.

It would also help the national authorities by increasing transparency and making it easier to monitor compliance with the EU's rules on posted workers.

The co-legislators reached a deal on the Commission's proposal on 23 June 2026. The provisional agreement introduces improvements by:

  • limiting the scope to company workers posted in another member state
  • defining a common set of information a member state may require in the standard online form
  • adding several new functionalities in the public interface, including the option for service providers to upload the relevant documents for posting workers

The e-declaration for posting of workers is also a key deliverable of the 'One Europe, One Market' roadmap.

Last review: 24 June 2026