What Is Posting of Workers? A Guide to EU Regulations

Posting of workers is a fundamental concept in EU labour law. It allows companies in one EU member state to temporarily send employees to another member state to perform services — while keeping them on the home-country employment contract and social security system.

Definition — what is posting of workers?

Under EU law, a "posted worker" is an employee who is sent by their employer to carry out a service in another EU member state on a temporary basis. The worker continues to be employed under their home-country contract, but must receive the working conditions guaranteed by the host country.

The legal framework is set out in Directive 96/71/EC (original) and Directive 2018/957 (revised), which together form the Posting of Workers Directive.

Who does it apply to?

Posting of workers applies to any company that:

• Sends employees to another EU country to perform work under a service contract
• Posts workers to a branch or subsidiary in another member state
• Hires out workers through a temporary work agency to a company in another member state

The rules apply regardless of the worker's nationality — what matters is the employer's country of establishment and the country where work is performed.

Core obligations for employers

1. Registration in the host country

Most EU countries require the employer to register posted workers before they begin work. In France this is done through SIPSI; in Germany through the Meldeportal. Each country has its own system and deadlines.

2. Host-country working conditions

Posted workers are entitled to the same core working conditions as local workers, including:

• Minimum wage (or the wage set by applicable collective agreements)
• Maximum working hours and minimum rest periods
• Health and safety standards
• Equal treatment and non-discrimination
• Conditions for hiring out workers through agencies

3. A1 certificate

The employer must obtain an A1 certificate from the home country's social insurance institution. This confirms the worker remains covered by the home-country social security system during the posting.

4. Documentation

Employers must keep and produce on request: employment contracts, payslips, working time records, and proof of registration. Requirements vary by country.

How long can a posting last?

Under Directive 2018/957, postings up to 12 months are subject to a core set of host-country rules. After 12 months (extendable to 18 with notification), virtually all host-country labour law applies.

Key destination countries

France

France has one of the most rigorous posting regimes in the EU. Requirements include SIPSI registration, appointing a French representative, obtaining BTP cards for construction workers, and paying at least SMIC (or higher collective agreement rates).

Germany

Germany requires Meldeportal registration and strict MiLoG (minimum wage) compliance. Working time records must be kept for two years after the posting ends. Fines for violations can reach €500,000.

Penalties for non-compliance

Each member state sets its own penalties. Common consequences include:

• Administrative fines per unregistered worker (up to €4,000 in France, up to €30,000 in Germany)
• Work stoppage orders
• Blacklisting from public contracts
• Joint liability of the host-country client

How PostingRegistry helps

PostingRegistry handles the registration, documentation, and compliance requirements for posting workers to France and Germany. Submit your workers through our form — the process takes five minutes — and we take care of the rest.