Definition
An EU directive (96/71/EC, revised 2018/957) that ensures workers temporarily sent by their employer to work in another EU member state receive the core employment protections of the host country, including minimum pay, working time limits, and health and safety standards.
UK Context
Best Practices
- File all required posting declarations with the host member state authorities before the posting begins
- Research and apply the host country's mandatory employment conditions including applicable collective agreements
- Maintain complete records of the posted worker's working conditions and make them available for inspection
- Monitor the duration of postings and apply extended host country protections once the 12-month threshold is reached
- Appoint a designated contact person in the host member state as required by the Enforcement Directive
Frequently Asked Questions
What pay must a posted worker receive?
Since the 2018 revision, posted workers must receive the same remuneration as local workers performing the same work in the host country. This includes all mandatory elements of pay set by law or universally applicable collective agreements, such as minimum rates, overtime supplements, allowances, and bonuses. Posting-specific allowances count as remuneration unless they reimburse actual expenditure.
How long can a worker be posted to another member state?
There is no maximum duration for a posting, but after 12 months (extendable to 18 months with a motivated notification to the host state), nearly all of the host country's employment terms and conditions apply — not just the core nucleus of rights. The only exceptions are rules on the conclusion and termination of employment contracts and supplementary occupational pension schemes.
Which country's social security applies to a posted worker?
Under EU social security coordination rules (Regulation 883/2004), a posted worker generally remains covered by the social security system of the sending member state for up to 24 months, provided the posting is genuinely temporary and the worker was already subject to that system. The employer obtains an A1 certificate to prove this.