POSTING WORKERS IN EUROPE
POSTING WORKERS IN EUROPE
In the case of posting, the work relation must subsist through a work contract between your company and your employee even if he or she is hired through a recruitment agency.
In general, as far as working conditions are concerned, your employees will be subject to the legislation of the country where the posting is conducted, but if the working conditions in the country of origin are more favourable to your posted workers than to those in the host country, you may keep them during the posting.
These conditions mainly concern:
- The minimum wage
- The minimum rests and works periods
- The minimum length of annual leave
- Occupational hygiene, health and safety
- Equal treatment between genders
NOTE :
These measures are not applicable if the duration of the posting does not exceed a total of 30 days.
In terms of social security, your workers assigned to a European Union may keep their countries’ social security system.
To this end, prior to the posting, your company is obliged to notify the administrative authority of the host country by handing over the A1 form (DP A1) issued by the social security organisation of your country. This document will attest to the administrative authority of the host country that being already affiliated to a social security system; your posted worker no longer has to pay contributions in the host country.
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NOTE :
In the DP A1 form, you must outline that the duration of the posting must not exceed twenty-four months.
In case of more than twenty-four months posting, as an employer, you can propose to your posted employee to join the social security system of the host country.
Or if a mutual agreement exists between your country and the host country, the entity issuing the DP A1 form can extend the validity of the document so that your employee continues to have access to social security coverage.
A clear legal setting has been set up by the European Union for the posting of workers with each country being responsible for implementing it into their own judicial system.
Thus, if you decide to post worker to one of the European Union countries, the procedures are different according to the country of destination as well as the duration and objective of the mission.
Legal background
Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX%3A31996L0071
Directive 2018/957/EU of the European Parliament and of the council of June 28th, 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32018L0957