Intra-European Posting: HR Obligations Based on the Employee’s EU or Non-EU Nationality
Posting an employee to another European country is possible regardless of their nationality. But the obligations are not the same for everyone, and that is precisely where HR teams take on risks without realising it.
For an EU national, the formalities are well established: posting declaration, A1 certificate, compliance with the host country’s working conditions. For a non-EU employee, additional immigration formalities apply in the destination Member State, steps that are often overlooked or poorly anticipated.
This article sets out exactly which formalities apply based on your employee’s profile and the duration of the assignment. Our experts handle over 2,000 cases a year, covering postings in France and across Europe.
- Prior posting declaration and A1 certificate are compulsory for all posted workers, regardless of nationality
- EU national posted for more than 90 days: residence registration required in the host country
- Non-EU national posted for fewer than 90 days: Vander Elst status applies, no work permit or residence permit required
- Non-EU national posted for more than 90 days: an immigration process — which may include a visa, work permit and residence permit — should be anticipated 3 to 6 months before the assignment begins
- From 18 months of posting: all working conditions of the host country become applicable
- Rules vary from one Member State to another: verify local requirements before each assignment
What Is Intra-European Posting?
Intra-European posting, also referred to as intra-EU posting within the strict framework of the 27 EU Member States, is the situation in which an employer sends an employee to work temporarily in another country whilst maintaining their employment contract in the country of origin. This procedure is governed by Directive 96/71/EC, revised in 2014 by Directive 2014/67/EU, supplemented by Directives 2018/957/EU and 2019/1152/EU.
These directives establish clear rules to ensure equal treatment of posted workers compared with local workers, particularly in terms of remuneration, working hours, and general working conditions. They also set limits on the duration of posting and impose obligations on companies, notably regarding notification and the transmission of information to the host country’s authorities.
The aim: to ensure fair competition on the European labour market whilst protecting employees’ rights, and to combat social dumping, meaning the practice of applying the less favourable social conditions of the country of origin to compete unfairly with local businesses.
Depending on the length of the posting, the rules vary to ensure compliance in terms of social security, labour law, and immigration. Even if exemptions and specificities may apply, the fundamentals of intra-EU posting remain the same.
What these directives do not cover: the right of residence and the right to work for non-EU nationals in the host country. This is precisely where compliance risks arise for mobility teams.
EU National Posted in Europe: Obligations
Under 90 Days
Two formalities are required: a prior posting declaration in the host country and an application for an A1 certificate for social security in the country of origin. This certificate proves that the employee remains covered by their home social security scheme.
Example: an Italian consultant sent to Spain for 2 months to train the teams of a local subsidiary.
Over 90 Days
In addition to the prior declaration and the A1 certificate, a residence registration application is required in the host country.
Example: a Spanish engineer posted to Germany for 6 months to oversee the construction of a factory.
⚠️ Point of vigilance: from 18 months of posting, all working and employment conditions of the host country become applicable to the employee, with the exception of provisions relating to the conclusion and termination of employment contracts and pension schemes.
Non-EU National Posted in Europe: Additional Obligations
Non-EU nationals, employed under contract with an employer established in the European Union and legally resident in Europe, may be posted to another EU or EEA Member State. The obligations depend on the length of the assignment.
Under 90 Days: Vander Elst Status
The Vander Elst status applies. This stems from a ruling by the Court of Justice of the EU, according to which companies in one Member State may post non-European workers to another Member State without those workers needing to apply for a work permit in the host country. The formalities remain identical to those for an EU citizen: prior posting declaration and A1 certificate.
Example: a Brazilian head chef, employed at a restaurant in Portugal with a Portuguese residence permit, posted to Spain for a one-month culinary event.
Over 90 Days: Visa and Residence Permit Required
Beyond 90 days, the formalities become more demanding: prior declaration, A1 certificate, residence registration, and in most cases, a visa and residence permit in the host country. The procedure varies according to the immigration law of each country. For Germany, Belgium, or the Netherlands, local requirements differ.
Begin immigration procedures 3 to 6 months before the start of the assignment. Some Member States require a visa to be obtained before arrival if the worker’s nationality is subject to a visa obligation.
Example: an Indian developer, employed by a Polish company with a Polish residence permit, posted to the Netherlands for a 4-month IT project.
⚠️ Point of vigilance: EU Member States retain autonomy over their internal rules on residence and stay. This autonomy was reinforced in 2024 by the CJEU (case C-540/22, Netherlands): even within the framework of the Posting Directive, each country may impose its own immigration requirements on non-EU nationals.
Do you have an ongoing or upcoming posting for a non-European employee? Our experts verify your file’s compliance before the assignment.
The Special Case of Switzerland
Switzerland is not a member of the European Union and is not subject to Directive 96/71/EC. It applies similar rules through bilateral agreements with the EU.
Workers may be posted to Switzerland for up to 90 days without a work or residence permit, subject to a prior posting declaration. Beyond 90 days, immigration formalities are required.
Summary Table: Intra-EU Posting Obligations
| Nationality | Duration | Obligations |
|---|---|---|
| European | Up to 90 days | Prior declaration + A1 certificate |
| European | Over 90 days | Prior declaration + A1 + Residence registration |
| Non-European | Up to 90 days | Prior declaration + A1 (Vander Elst status) |
| Non-European | Over 90 days | Prior declaration + A1 + Visa + Registration + Residence permit* |
*Procedure varies according to the host country
Risks of Non-Compliance
An incomplete file, an unanticipated visa, a nationality not properly checked beforehand: the causes of non-compliance in an intra-European posting are often technical and avoidable. The consequences, however, affect both the company and the employee, and can be immediate.
| Company | Employee |
|---|---|
| Reputational risk (loss of contracts, tenders, etc.) | Fines |
| Financial risk: fines | Prohibition from working in the host country pending regularisation |
| Criminal risk: imprisonment for legal representatives | |
| Prohibition from hiring new foreign workers | |
| General audit of all company workers |
How to Choose a Provider to Manage Your Intra-European Posting
An intra-European posting simultaneously engages three dimensions of obligations: labour law in the host country, social security in the country of origin, and immigration law in the host country for non-EU profiles. These three dimensions are rarely handled by a single contact.
France Immigration covers all three expertises: prior posting declaration, obtaining the A1 certificate, verifying immigration requirements in the host country, and compliance monitoring with local law. For companies that regularly manage postings across Europe, this is the difference between a controlled process and a risk that surfaces at the worst possible moment.
Conclusion
Intra-European posting is an operational solution for sending an employee on assignment in Europe. The European Directive harmonises working conditions. It does not simplify the immigration aspect for non-EU nationals, where each country retains its own rules, reinforced by recent CJEU case law. This is where companies are most often exposed.
Non-EU employees on assignment in Europe, compliance processes to strengthen: our experts support your mobility teams for short-term assignments and long-term missions alike, across Europe.
Frequently Asked Questions on Intra-European Posting
Intra-European posting refers to the temporary sending of an employee by their employer to another country, whilst maintaining the employment contract in the country of origin. It is also referred to as intra-EU posting when the scope is limited to the 27 EU Member States. The term “intra-European” is broader: it also covers the EEA (Norway, Iceland, Liechtenstein) and Switzerland. The whole framework is governed by Directive 96/71/EC, revised in 2018.
Vander Elst status is a CJEU ruling that allows companies in one Member State to post non-European workers to another Member State without a work permit in the host country, provided the assignment is less than 90 days and the usual formalities (prior declaration, A1 certificate) are completed.
No, thanks to Vander Elst status. Below 90 days, a non-European employee legally employed in a Member State may be posted to Germany without a specific work permit. The prior declaration and A1 certificate remain compulsory.
For an EU national: prior declaration, A1 certificate, and residence registration if the assignment exceeds 90 days. For a non-EU national over 90 days, a visa and residence permit are required. The Netherlands has tightened its requirements since the 2024 CJEU ruling (case C-540/22).
Between 3 and 6 months before the start of the assignment. Some countries require a visa before entry for certain nationalities, and processing times can be lengthy depending on the host country.
From 18 months, all working and employment conditions of the host country become applicable to the posted worker, with the exception of rules relating to the conclusion and termination of employment contracts and pension schemes.
The A1 certificate, issued by the social security body of the country of origin, certifies that the employee remains covered by their home scheme during the posting. It is compulsory for all intra-European postings and must be obtained before the assignment begins. The CLEISS acts as an interface between French and foreign authorities, thereby helping to ensure the continuity of social entitlements for mobile workers.
Not via Directive 96/71/EC, as Switzerland is not an EU member. Similar rules apply nonetheless through bilateral agreements: posting possible for up to 90 days without a work permit, with a compulsory prior declaration. Beyond 90 days, immigration formalities are required./i
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- Mandatory formalities to complete
- The administrations responsible for the procedures
- Required documents
- Immigration statuses
