Posted worker status in the European Union refers to an employee who is sent by their employer to work temporarily in another EU country, while remaining employed in their home country.
In simple terms:
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You work for a company in one EU country
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Your employer sends you to another EU country for a limited time
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You remain on your original employment contract
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You are not hired by a company in the host country
This system is regulated by EU law to protect workers’ rights.
Legal Basis for Posted Workers
Posted worker rules are governed by the Posted Workers Directive under the European Union.
The directive ensures:
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Fair pay
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Equal treatment
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Protection against social dumping
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Minimum working standards
All EU member states must apply these rules through national legislation.
Who Qualifies as a Posted Worker?
A posted worker is someone who:
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Is legally employed in one EU country
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Is temporarily sent to another EU country
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Continues to work under the original employer
This often applies in sectors like:
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Construction
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Engineering
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IT services
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Transportation
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Industrial installation
Example of Posted Worker Status
If a construction company based in Poland sends its employees to complete a project in Germany for 8 months, those employees are considered posted workers.
They:
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Keep their Polish employment contract
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Work temporarily in Germany
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Must receive German minimum wage and core working conditions
How Long Can Posted Worker Status Last?
Posting is temporary.
Under EU rules:
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Standard posting duration: up to 12 months
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Can be extended to 18 months with notification
After that period, additional labor laws of the host country may fully apply.
What Rights Do Posted Workers Have?
Posted workers are entitled to core employment conditions of the host country, including:
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Minimum wage (including bonuses and allowances)
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Maximum working hours
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Minimum rest periods
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Paid annual leave
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Health and safety standards
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Equal treatment between men and women
These protections apply regardless of nationality.
Social Security Rules for Posted Workers
One key feature of posted worker status:
The worker usually remains under the social security system of the home country, not the host country.
This is regulated under EU social coordination rules within the European Union.
To prove this, workers carry an A1 certificate issued by the home country.
Posted Worker vs Local Employment
| Posted Worker | Local Employee |
|---|---|
| Contract with home country employer | Contract with host country employer |
| Temporary assignment | Permanent or long-term role |
| Social security paid in home country | Social security paid in host country |
| Protected by Posted Workers Directive | Fully subject to host country labor law |
Posted Worker vs Temporary Agency Worker
Posted workers and agency workers are different.
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A posted worker is sent by their direct employer.
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A temporary agency worker is employed by an agency and assigned to a client company.
However, an agency can also post workers to another EU country under specific legal rules.
Are Non-EU Citizens Eligible for Posted Worker Status?
Yes, in some cases.
If a non-EU national:
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Legally works in one EU country
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Has valid residence and work authorization
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Is sent temporarily by their employer
They may qualify as a posted worker.
However, visa requirements may still apply depending on the host country.
What Is Social Dumping?
Social dumping happens when companies try to reduce costs by sending workers to countries with higher wages but paying lower home-country wages.
EU posted worker rules were strengthened to prevent this practice and ensure equal pay for equal work in the same place.
Industries Where Posting Is Common
Posted worker status is common in:
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Construction projects
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Cross-border transport
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Energy installations
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IT consulting services
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Engineering services
Countries frequently involved include:
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France
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Belgium
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Netherlands
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Austria
What Documents Are Required?
Posted workers typically need:
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Employment contract
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Posting letter
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A1 social security certificate
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Host country notification (if required)
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Valid ID or residence permit
Some countries require employers to register posted workers before the assignment begins.
Key Responsibilities of Employers
Employers must:
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Pay host country minimum wage
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Follow host country working conditions
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Maintain documentation
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Cooperate with labor inspections
Failure to comply can lead to heavy penalties.
Final Summary
Posted worker status in the EU applies when an employee is temporarily sent by their employer to work in another EU country while remaining employed in their home country.
EU law protects posted workers by guaranteeing core employment rights in the host country, including minimum pay and safe working conditions.
This system supports cross-border services while protecting worker rights and preventing unfair competition.