Each state has different registration requirements and as an employer posting workers around the globe, you should be aware of the requirements within the EU for your posted employees.
A posted worker is an employee who is sent by their employer to work in another EU member state on a temporary basis.
The Directive notes the terms and conditions of employment in place in the host state that must also be provided to posted workers, and employers need to be aware of these terms and conditions before the posting begins. These terms and conditions include minimum paid annual leave, health and safety at work, equality and remuneration amongst others.
Each member state has implemented a specific registration process and different information will be required as part of the registration. Information required could include the number of posted workers, a contact person at the employer, the anticipated duration of posting, the nature of services being performed and the address in the EU member state to which the employee has been posted.
There are sometimes different rules for very short-term postings of under a month depending on the EU Member State to which the employee is posted. Again, each State deals with their requirements under the Directive differently so it is important to be clear on the specific registration requirements for that particular State to which you are considering posting a worker.
Business travellers who are sent to work temporarily in another member state but do not provide a service, for example, they are simply attending business meetings or training, are generally not classed as posted workers and so the rules under this Directive would not apply to them. Employers should be confident that the duties being undertaken would not constitute a service before disregarding any requirements.
activpayroll’s Global Mobility team can help in providing guidance on the requirements. If you have posted workers who are not yet registered in EU member states under this Directive, please contact us to discuss your requirements at global.mobility@activpayroll.com.
