A service technician travels to a customer in France for three days. From 2028 this is a typical case for the new short activity exemption. It is part of Regulation (EU) 2026/2359, which has been in force since 1 November 2026. The rule sounds simple. In practice, a rolling 30-day window decides whether it applies. This article shows how the window works and what you need to record.
What the rule says
The short activity exemption is set out in Art. 15(1b) Regulation 987/2009 as amended:
“with the exception of activities in the construction sector as defined in Annex 6, paragraphs 1 and 1a shall not apply to activities with a total duration of no more than three consecutive days of work within a period of 30 consecutive days.”
Paragraphs 1 and 1a contain the obligation to notify in advance and the rule on the acknowledgement of receipt. Both do not apply to these short activities. Construction under Annex 6 is excluded.
The rule applies from 2 November 2028. It is the second exemption next to the business trip. Our decision tree in A1 certificate for business trips: what the EU reform changes shows how both work together.
Who the rule is for
The business trip exemption excludes the provision of services and the delivery of goods. The short activity exemption does not. It helps exactly where people work on site.
IHK Region Stuttgart names these typical cases:
- repair and maintenance work
- assembly work
- consulting services
- technical support at the customer
Assembly can fall under construction, though. Then the exemption does not apply. More on that below.
The 30-day window moves every day
The window is not a calendar month. It always covers 30 consecutive days and moves forward by one day every day. For every possible window, no more than three working days may fall into it.
The example shows an employee with a first trip of three working days, day 18 to 20. On its own, this trip is covered by the exemption. Then a second trip of two days is booked.
Row A: the second trip follows twelve days later. As soon as the window covers both trips, it adds up to five working days. The exemption no longer applies.
Row B: the second trip follows 35 days later. No 30-day window covers both trips. It stays at three working days.
The illustration follows a reading found in the market. IHK Region Stuttgart recommends taking earlier trips within the 30-day period into account. According to another reading, in row A the first trip also needs an A1 retroactively. Authorities have not confirmed either point yet (as of 1 November 2026).
Three cases from practice
Case 1: Tuesday to Thursday at the customer. Three consecutive working days, no other trip in the window. The exemption applies.
Case 2: Thursday, Friday, weekend, Monday. These are also three working days. The wording, however, refers to three consecutive days of work. Whether a weekend in between breaks the sequence has not been clarified.
Case 3: planned Monday to Wednesday, extended on site by one day. Three working days become four. The exemption no longer applies. According to a reading found in the market, it then falls away retroactively for the whole trip. Extensions on site should therefore be agreed in advance.
What is still open
The regulation leaves several practical questions open. German authorities have not commented on them yet (as of 1 November 2026).
- Several trips: IHK Region Stuttgart recommends taking earlier trips within the 30-day period into account. According to mawi-on (IHK magazine, 1 September 2026), the exemption can be used only once per employee in that period. How exactly to count is open.
- One country or all countries: none of the sources says whether only trips to the same destination count or trips to all countries.
- Weekends and public holidays: whether they break the sequence of three working days has not been clarified.
Why this only works with day-by-day tracking
Whether the exemption applies is not decided by a single trip. Every new booking and every extension can change the result for earlier trips. The check therefore has to run again with every change.
CMS recommends recording stays abroad per employee to the day within rolling 30-day periods, using calendar and tool-based trackers. For this you need, for every trip before departure:
- the employee
- the destination country
- the activity on site
- the planned working days
At the request of the host country, the employer must prove that the exemption applies (Art. 15(1c) Regulation 987/2009 as amended). The recorded working days are this proof. Relocare recommends keeping decisions not to apply for an A1 on file, together with the reasons.
Construction: the rule does not apply
The 3-day rule does not apply to activities in construction. Annex 6 Regulation 987/2009 as amended defines the construction sector functionally and broadly. It includes, among other things, erection, assembly and dismantling of prefabricated elements, fitting out and installation, alteration, renovation, repairs and maintenance. This applies regardless of whether the activity is structural, preparatory or supporting.
IHK Region Stuttgart writes that such activities will continue to need an A1 from the first day. This matters for industrial companies with plant engineering or assembly on construction sites.
Until 2028: keep applying for A1
The short activity exemption applies from 2 November 2028. Until then, short trips to other EU countries also need an A1. In Germany, the Deutsche Rentenversicherung allows a retroactive application for business trips of up to seven days where needed (FAQ business trips, as of 17 May 2026).
The exemption only concerns the A1. Whether a posted worker declaration is required in the host country depends on its law under the Posting of Workers Directive.
FAQ
Does the 3-day rule already apply today?
No. It applies from 2 November 2028. Until then, the A1 obligation is unchanged.
Does the rule also cover services?
Yes. Unlike the business trip exemption, services are not excluded. Only construction is excluded.
What happens if a trip is extended on site?
If three working days become four, the exemption no longer applies. According to a reading found in the market, it falls away retroactively for the whole trip.
Can I use the rule several times a month?
That is open. IHK Region Stuttgart recommends taking earlier trips within the 30-day period into account. According to mawi-on, the exemption can be used only once per employee in that period.
Is the 30-day window a calendar month?
No. It covers 30 consecutive days and moves forward every day.
Do I still need a posted worker declaration?
That depends on the host country. The exemption only concerns the A1. The posted worker declaration is a separate procedure under the Posting of Workers Directive.