In an increasingly networked working world, it has become quite normal for companies in the EU to temporarily send employees to other EU countries - whether for a project, an assembly or to support a subsidiary. But with the Posting of foreign skilled workers within the EU there are some legal, administrative and practical points to consider.
1 What does "secondment" mean?
A secondment is when a company sends an employee Temporary to another EU country to carry out a specific job there. The employment contract with the original employer remains in place during the posting.
Example:
A Spanish IT company sends a programmer to Germany for three months to implement a new software system for a customer.
2 Who can be posted within the EU?
A distinction is made between:
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EU/EEA/Swiss nationals: In principle, they can work and be posted within the EU without a visa.
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Third-country nationals with a residence and work permit in an EU country: Special rules apply depending on the destination country. In many cases, an additional permit or visa is required.
Example:
A Turkish national with a permanent residence permit in France cannot automatically be posted to Germany without further ado. It must be checked whether they require an additional permit.
3. social insurance: A1 certificate
A key document in the secondment process is the so-called A1 certificate. It confirms that the employee continues to be covered by social insurance in the home country during the posting.
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It is applied for in the country in which the employee is regularly employed.
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This is a prerequisite for avoiding double social security contributions in the host country.
Example:
A Polish fitter is sent to Austria for 4 months. With an A1 certificate, he remains insured in Poland and does not have to register in Austria.
4. minimum working conditions in the host country
Even if the posted employee is employed in the country of origin, certain conditions must be met in the host country. Labor law conditions are complied with - in particular:
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Minimum wage
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Maximum working hours / rest periods
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Health and safety in the workplace
These requirements are set out in the EU Posting of Workers Directive and are intended to ensure that posted workers are not treated less favorably.
5. reporting obligations in the country of destination
Many EU countries require that the posting before starting work is reported electronically - included:
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Name of the employee
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Period and place of secondment
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Contact person in the host country
Example:
In France, the portal SIPSI a posting notification must be submitted before the activity begins.
6. posting of third-country nationals within the EU
If a third-country national (e.g. from Turkey, India or Ukraine) is employed in an EU country, they often need an additional visa or a special permit to be posted to another EU country.
Example:
A Turkish employee employed in the Netherlands is to be posted to Germany for two months. As a rule, a Special visa or a Work permit for posted workers required.
