This page provides general information only and is not legal advice. LawBridge is a platform that connects clients with lawyers, not a law firm, and does not provide legal services. For advice about your specific situation, consult a qualified lawyer.
Quick Answer
Posting a worker to another EU country keeps them formally employed under the sending country's law, but the Posting of Workers Directive (96/71/EC, as amended by 2018/957/EU) requires the host country's 'hard core' terms — pay, working time, safety, and more — to apply during the posting. Social security generally stays with the home country via an A1 certificate. Specific requirements vary by country and require legal review.
Quick Facts
- Governing framework
- Posting of Workers Directive 96/71/EC, as amended by Directive 2018/957/EU
- What still applies from home country
- Formal employment relationship and, generally, social security (via an A1 certificate under Regulation 883/2004)
- What applies from the host country
- The 'hard core' of terms — pay, working time, holiday, safety, and more
- Typical first step
- Confirm the posting qualifies as a genuine posting, not disguised local employment
Your Options
Post under the standard framework
For a genuine, temporary posting, home-country employment continues alongside host-country hard-core terms.
Apply for an A1 certificate
Confirms which country's social security system covers the posted worker during the posting.
Check host-country notification requirements
Many countries require advance notification or registration of posted workers — requirements vary significantly.
Steps to Take
- 1
Confirm the posting is genuine
A temporary assignment with an ongoing employment relationship with the sending employer, not a disguised local hire.
- 2
Identify the host country's hard-core terms
Pay, working time, holidays, and safety rules that must apply during the posting.
- 3
Apply for an A1 certificate
To confirm continued home-country social security coverage.
- 4
Meet any host-country notification/registration requirements
Vary significantly by country — some have detailed advance-notification systems.
- 5
Get country-specific legal advice
Both the sending and host country's specific rules need checking — this is a genuinely two-sided compliance question.
Documents You May Need
- Employment contract with the sending employer
- A1 certificate (or application for one)
- Posting assignment letter/documentation
- Proof of host-country notification, where required
- Pay and working-time records for the posting period
Common Mistakes to Avoid
- Treating a long-term or repeated assignment as a short posting
- Not obtaining an A1 certificate before the posting begins
- Overlooking host-country notification requirements
- Applying only home-country pay/terms without host-country hard-core terms
Risks & Deadlines
Posting duration limits can change the legal treatment
Requires legal review for the specific circumstances — a posting that runs too long, or is effectively repeated indefinitely, can lose its 'posting' status and trigger different rules.
Notification requirements and deadlines vary widely
Requires legal review for the specific host country — some countries require notification before the posting starts, with penalties for missing it.
Estimated Costs
- A1 certificate application: Typically free, but requires legal review for the specific process
- Host-country notification/registration, where required: Requires legal review — varies by country
- Initial lawyer/compliance consultation: Varies by lawyer and country — ask for a quote upfront
When to Contact a Lawyer
- You're unsure whether an assignment qualifies as a genuine posting
- The posting is likely to run long, or be repeated
- You're unsure what the host country's hard-core terms actually require
- There's a dispute over pay or working conditions during a posting
Frequently asked questions
Generally no — with a valid A1 certificate, social security generally stays with the home country during the posting, avoiding double contributions.
Not necessarily identical, but the host country's pay rules (including any applicable collective agreements) are part of the hard-core terms that must be respected during the posting.
There are rules affecting long or repeated postings, and exceeding certain thresholds can change the legal treatment — the specifics depend on the situation and need legal review.
No. LawBridge is a platform that connects you with independent lawyers — it does not itself provide legal advice or legal services.
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