Your company wins a project, and you need to quickly deploy a team to the field in Europe. However, different labor laws, payroll, social security, and notification obligations come into play in each country. Even a small form error can result in fines of tens of thousands of euros, project stoppage, or a tax audit.
This is where the posted worker model becomes one of the most structured and legally clear tools for temporarily assigning personnel in Europe. However, misunderstanding this system poses serious risks for both employers and employees.
What is a Posted Worker, and What is Not?
A posted worker refers to an employee who is temporarily sent to another EU or EEA (European Economic Area) country to provide services on behalf of their employer. The critical points here are:
- The employee maintains an employment relationship with their home country employer.
- The work is actually performed in another EU/EEA country.
- The duration is temporary; it is not permanent migration or changing countries.
An individual who goes to another EU country on their own initiative to look for work or makes a new employment contract there is not a posted worker; this person falls under the status of a migrant worker. Additionally, self-employed individuals are also outside the scope of the posted worker directive.
Legal Framework of the Posted Worker System in the EU
The posted worker system in the EU aims to protect the free movement of services while preventing the exploitation of workers and “social dumping”.
Key regulations:
- Posting of Workers Directive 96/71/EC: The main directive from 1996; it determines which minimum working conditions will apply in the host country.
- Directive (EU) 2018/957: The 2018 revision; it brings significant updates in favor of workers regarding wages and long-term postings.
- Enforcement Directive 2014/67/EU: The 2014 implementation directive; it strengthens inspections and targets fake posting structures.
These directives create a valid framework not only for EU member states but also for EEA countries (Iceland, Liechtenstein, Norway).
Basic Rights of Employees as Posted Workers
In the posted worker model, the employee is still bound to their employer in their home country. However, while working in the host country, the more favorable and protective conditions of the host country apply. This is a serious compliance obligation for employers.
The main rights enjoyed by posted workers in the host country include:
- Wages and overtime rates (minimum wage, wage scales in sectoral collective agreements)
- Maximum working hours and minimum rest periods
- Minimum wage annual leave
- Recruitment conditions (especially for employees assigned through temporary employment agencies)
- Occupational health and safety standards
- Protective provisions for pregnant women, new mothers, children, and young people
- Prohibition of discrimination and rules of equal treatment
Especially in the construction and construction works sector, if there are collective agreements declared to have “universal validity” in the host country, the wages and working conditions in those agreements are also binding for the posted worker.
Types of Posted Workers: Which Status in Which Situation?
EU law defines the status of posted workers in three main scenarios:
- Direct posting: The employer sends their employee to another member state to provide services on their own account and under their management.
- Intra-group posting: The employee is temporarily sent to a company in another country that is part of the same group.
- Posting through an intermediary: A temporary employment agency or staffing firm arranges for the employee to be temporarily assigned to a “user employer” in another country.
In each scenario, the responsibilities of the sending employer and the notification obligations in the host country may contain different details. Therefore, the model must be correctly structured from the beginning.
12-Month (and 18-Month Extension) Rule: Long-Term Posting
One of the most critical elements of the 2018 revision is the concept of “long-term posting”. In general:
- Standard posting duration: up to 12 months
- Extension with justified notification: up to 18 months
If an employee exceeds these durations for the same position and task, not only the “core conditions” but also almost all employment conditions of the host country apply.
Even in this case, two exceptions remain:
- Conditions and procedures for the start and termination of the employment contract
- Provisions regarding supplementary occupational pension funds
In practice, this means that, for example, an engineer you send to Germany for 16 months will have almost the same working conditions as a local employee. Payroll, benefits, and contract structure must be restructured accordingly.
Posting Process: Notification, Social Security, and Other Steps
1. Preliminary Notification Obligations
Almost all EU countries require the employer to make a formal notification in advance for the assignment of a posted worker. The notification includes:
- The employee’s identity and contact information,
- The place and duration of the assignment,
- The type of work and the recipient of the service,
- Wages and working conditions
For example, in Ireland, the employee is required to submit a “Form of Declaration” before starting work. Failure to submit this form is a criminal offense and may result in a fine of up to 5,000 euros. Similarly, in other countries, high administrative fines and even work stoppage may occur.
2. Social Insurance (A1 / Portability) Conditions
The general rule is that the posted worker remains subject to the social security system of their home country. For this:
- The employee is expected to be registered in their home country’s social security system for at least 1 month before being sent.
- In intra-EU postings, an A1 certificate (or equivalent) is obtained from the home country.
Otherwise, the host country may want to include the employee in its own social security system, which can completely change the cost and compliance picture.
In Which Sectors are Posted Workers More Common?
Areas where the use of posted workers is concentrated across the EU include:
- Construction and infrastructure projects
- Industrial and assembly work (energy, machinery, automotive supply industry, etc.)
- IT and engineering (especially project-based field installations)
- Road transport and logistics
Road Transport and Mobility Package
In road transport, in addition to the general rules for posted workers, special rules come into play under Directive 2020/1057 (Mobility Package I). As of February 2, 2022:
- Special posting rules apply to drivers employed in one member state and providing services in another member state.
- Different regimes apply for cabotage, bilateral transport, and transit passages.
This area is a segment where inspections are strict and penalties for irregularities are high. Compliance management is critical for companies with international fleets.
Scope of Europe and EEA: Not Just the EU
The posted worker directives cover not only EU member states but also European Economic Area (EEA) countries. That is:
- EU countries +
- Iceland, Liechtenstein, Norway
These countries also have similar posting rules and notification obligations. Switzerland applies a similar but separate system through its own bilateral agreements.
By the Numbers: Why is Posted Worker So Important?
The posted worker system in the EU is no longer a niche application; it has become a widespread business model:
- An estimated 3.6 million posting transactions are carried out annually.
- Approximately 2.6 million employees work under posted worker status.
- About 1.2 million of these are actively working in two or more member states.
This volume causes regulators to closely monitor the issue and tighten penalty mechanisms. A document deficiency that seems like a “small formality” for companies can lead to significant compliance risks.
Common Misconceptions: Migrant Worker or Posted Worker?
The most common confusion in practice occurs between the concepts of posted worker and migrant worker.
- Posted worker: Maintains an employment relationship with the company in the home country, services are temporary, duration is limited, based on a project or contract.
- Migrant worker: Seeks work in another country on their own initiative, generally makes a local employment contract, aims for permanent or medium-long term settlement.
This difference has profound implications for both applicable labor law and tax and social security regimes. Misclassification can lead to retroactive premium, tax, and penalty risks.
Key Points for Employers: Compliance, Cost, and Tax Dimension
When structured correctly, posted worker arrangements can be very advantageous in terms of cost and efficiency. However, the following points need to be clarified during the design phase:
- Assignment duration: If the 12/18 month limit will be exceeded, be prepared for the full employment conditions of the host country.
- Wage policy: Analyze whether the wage in the home country meets the minimum wage and collective agreement provisions in the host country.
- Payroll structure: Which country’s payroll generates tax in which country, what are the double taxation risks? Consider bilateral tax agreements.
- Social security: A1 certificate and the possibility of remaining in a single system for up to 24 months; what happens afterward; how cumulative durations are calculated.
- Administrative obligations: Preliminary notification, appointing a local representative, keeping documents on the project site, presentation processes during inspections.
For companies sending personnel to multiple countries, managing these processes manually is becoming increasingly impossible. Here, international payroll (payroll/EOR) and posted worker compliance management have become critical areas of expertise.
Structuring the Posted Worker Strategy Correctly with Corpenza
Corpenza specializes in:
- Incorporation (establishing a new country office or project company),
- Residence permits, golden visas, and citizenship by investment solutions,
- Payroll and EOR (employer of record) models,
- Tax optimization based on personnel leasing and posted worker,
- International accounting and reporting
Common issues companies face when transferring personnel to Europe include:
- Inability to decide in which case to use posted worker status and when to switch to a local employment model,
- Having to apply to different notification portals in multiple countries in different languages,
- Incorrectly structuring payroll and social security, creating retroactive tax/premium risks,
- Significant costs and time loss in establishing and closing companies in each country for project-based jobs.
Corpenza addresses these points by:
- Analyzing which business model (posted worker, EOR, local contract, personnel leasing) is more advantageous in which country by extracting the target country matrix.
- If necessary, implementing a more optimized EOR or personnel leasing model instead of posted worker for tax and compliance reasons.
- Helping you ensure compliance during inspections by managing payroll, social insurance, and notification-based obligations from a single center.
This way, while you focus on project delivery and business development, a professional team manages the legal and financial obligations in Europe in the background.
Key Points for Employees: What to Pay Attention to While Working as a Posted Worker in Europe?
If you are going to Europe with posted worker status as an employee, focus on the following points:
- Ensure that the assignment duration, country(ies), job description, and salary are clear in the contract you sign.
- Gather information in advance about the minimum wage, overtime, and holiday rights in the host country.
- During an on-site inspection, your employment contract, A1 document, and assignment letter may be requested; keep a copy of these with you.
- Ensure that accommodation and daily allowances (if any) are written in the contract.
- As the assignment duration extends, clearly ask your employer whether your status changes (for example, if the 12-month threshold is exceeded).
Knowing your rights helps protect yourself and contributes to your employer managing compliance processes more effectively.
Conclusion: Structuring the Posted Worker Model Correctly Provides Long-Term Advantages
The posted worker is a powerful tool for companies doing project-based work in Europe. However:
- The legal framework is tightening,
- Inspections are increasing,
- Administrative and financial sanctions are becoming harsher.
On the other hand, a well-structured posted worker strategy allows you to operate in multiple countries simultaneously, deploy your teams flexibly, and keep costs under control.
Therefore, if you are considering sending personnel to Europe, conducting simultaneous operations in different countries, or tax optimization with posted workers, you need a professional approach that sees the process holistically from both legal and financial perspectives. Corpenza’s experience in international incorporation, payroll, and mobility helps you minimize risks and scale your business.
Disclaimer
This article is prepared for informational purposes only. The information here does not constitute legal, financial, or tax advice. EU legislation and national regulations may change over time; always check current official sources and relevant country authorities for each specific situation. Before making decisions on matters such as posted workers, tax, social security, and immigration law, you should seek personalized advice from professionals specialized in the field.
