Your posting to Europe expert
Since 2004, we have been the leading experts in professional immigration and social security, the two core pillars of posting.
Our comprehensive posting offer is built on our ability to deliver all related services in every European country: immigration (when applicable), prior posting notification, representation in the host country, social security (A1/S1), residence notification to local authorities, compliance with labor and tax regulations for all types of postings.
To ensure full compliance, we coordinate all formalities with every stakeholder: the foreign employer, the posted worker, and the host company.
Examples of posting to Europe of workers
Polish posted worker on a 30-day assignment in Italy to repair a machine at a client’s site
This is a service provision. No immigration procedures are required as the posted worker is an EU national, but you must ensure that all other mandatory formalities are fully respected: in Italy, prior notification of the posting, local representation, compliance with core labour standards, and in Poland, Social Security formalities.
Posting of a Portuguese employee to Germany for a 6-month assignment
In Germany, the obligation for prior notification of the posting applies only to specific professional activities listed in Article 2a of the Schwarzarbeitbekämpfungsgesetz. It is therefore necessary to verify in advance the applicable procedures depending on the sector of activity and the nature of the assignment on site. You will still need to complete the social security formalities in Portugal and register your posted worker’s place of residence in Germany, as he will be staying there for more than 3 months.
Posting to Belgium of an Algerian employee residing in France for a 6-month assignment
This is one of the most complex cases when the employee is of non-EU nationality but resides within the EU, as each country retains autonomy over residence and stay regulations. For postings exceeding 3 months, the employee must obtain a residence permit in addition to other posting obligations (prior notification of the posting and A1 certificate). In Belgium, the procedure requires a “Single Permit” with processing times of several months. It is therefore essential to anticipate these formalities.
The particular case of posted workers in Switzerland
Switzerland is not part of the EU or EEA and does not follow EU directives, but applies similar rules via bilateral agreements. Posting to Switzerland for less than 90 days is possible without immigration formalities, subject to prior notification of the posting. Beyond 90 days, full immigration procedures are necessary.
The particular case of interns
To determine the applicable situation for the intern, it is necessary to establish the contractual status. Are they considered an employee under local labour law? In France, an intern is not considered an employee; therefore, an intern who must carry out part of their internship abroad cannot be posted from France to the selected country. They must sign a tripartite agreement with their school and the host entity in Europe. Conversely, some countries consider interns as employees under labour law and may therefore be subject to the same conditions as ICT posted workers.
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Your questions
The posting of workers within Europe refers to the situation where a company established in a European Union member state temporarily sends its employees to another member state under a service contract, an intra-group posting, or temporary agency work.
To post workers to another member state, companies must both comply with several mandatory conditions and formalities, and apply the local labour law provisions to those posted workers in certain key areas.
A posting under a service contract occurs when an EU-based company temporarily sends an employee to another member state to carry out a specific assignment linked to a service contract with another company.
An ICT (Intra-Company Transferee) posted worker is an employee of a company established in the EU/EEA/Switzerland who is temporarily transferred to a subsidiary, branch, or group company located in another EU member state to fill a specific position.
The company posting workers to another member state must submit a prior posting declaration to the competent authorities in the host country before the assignment begins.
Although the EU aims to harmonise these procedures, this is not yet implemented, and each country maintains its own posting declaration process.
Caution is advised regarding the concept of a business trip. It is not the duration but the nature of the activity that determines your obligations.
Business trips generally involve intellectual tasks where employees attend meetings, conferences, seminars, or trade exhibitions.
A worker on a business trip should be regarded as a visitor to the site and must not, under any circumstances, have an office or equipment registered in their name.
The company posting an employee to another member state must designate a representative in the host country.
The representative must reside in the host country and speak the local language to liaise with the local authorities in case of inspections.
They must also hold all mandatory documents required depending on the country.