What is a posted worker?
A posted worker is, per the European Commission, "an employee who is sent by his employer to carry out a service in another EU Member State on a temporary basis, in the context of a contract of services, an intra-group posting or a hiring out through a temporary agency." In practice: someone temporarily sent by their employer to another EU member state to perform a service there – under a service contract, an intra-group posting, or via a temporary work agency.
The key distinction is against a pure business trip: someone who does not provide a service for a company in the host country, but only attends conferences, meetings, trade fairs or training, is not considered a posted worker. This page is aimed at international HR teams, US and UK corporate subsidiaries with European employees, and compliance teams searching for the English term "posted worker". For the German PWD notification process, see EU Posted Workers Directive (PWD).
Legal basis: the Posted Workers Directive
The legal basis is the Posting of Workers Directive 96/71/EC from 1996, revised by Directive (EU) 2018/957. Its aim, per the European Commission, is to guarantee that the rights and working conditions of posted workers are protected throughout the EU and to ensure a level playing field between local and posted employees. The PWD is complemented by the Enforcement Directive 2014/67/EU from 2014, which strengthens practical application – covering access to information, inspections and monitoring, joint liability in subcontracting chains, and information exchange between Member States.
Since July 2019, the European Labour Authority (ELA) has been responsible for the fair, simple and effective enforcement of EU rules on labour mobility and social security coordination, including posting.
Which employment terms apply in the host country?
A posted worker generally remains employed by, and subject to the law of, the sending company – usually the home Member State's employment law. However, the PWD mandates a core set of host-country employment conditions that apply if more favourable than those at home. Per the European Commission, these cover:
- remuneration, including overtime rates
- maximum work periods and minimum rest periods
- minimum paid annual leave
- conditions of hiring-out workers, in particular through temporary employment agencies
- health, safety and hygiene at work
- protective measures for pregnant workers, workers who have recently given birth, children and young people
- equal treatment between men and women and other non-discrimination provisions
- accommodation conditions, where provided by the employer
- allowances or reimbursement of travel, board and lodging expenses for workers away from home
A special rule applies to long-term postings: once the effective duration exceeds 12 months (or 18 months with a motivated notification), the European Commission confirms that, in principle, all host Member State terms and conditions of employment apply – except for the procedures for concluding and terminating the employment contract (including non-compete clauses) and supplementary occupational retirement pension schemes.
Notification duties in Germany
Foreign-domiciled employers posting workers to Germany must notify the authorities. Per German Customs (Zoll): "Foreign-domiciled employers posting workers to Germany to carry out work or to provide a service must comply with a number of rules for giving notification of their posted workers." Notification is filed electronically via the notification portal minimum wage (meldeportal-mindestlohn.de) under the Minimum Wage Notification Ordinance (MiLoMeldV) – fax submissions are no longer accepted. Drivers posted in the road transport sector use a separate route via the Internal Market Information System (IMI) and the Road Transport Posting Declaration Portal instead of the minimum-wage notification portal.
This notification duty covers the employment-law side of posting (minimum wage, working conditions) and must be kept strictly separate from the social security side, covered next.
Posted worker vs. A1 certificate: two separate duties
A common misconception in HR practice: the A1 certificate and the posted-worker notification are often confused or treated as a single duty – in fact they cover two different areas of law. Per the European Commission, the social security of posted workers is governed separately, through Regulation (EC) No 883/2004 on the coordination of social security systems – the legal basis for the A1 certificate. Both duties can apply to the same posting in parallel; they are not mutually exclusive.
| Aspect | Posted Workers Directive (PWD) | A1 certificate |
|---|---|---|
| Governs | Employment law: minimum wage, host-country working conditions | Social security law: which country is responsible |
| Legal basis | Directive 96/71/EC, amended by 2018/957/EU | Regulation (EC) 883/2004 |
| Filed via | national notification portal (e.g. minimum-wage portal) | SV-Meldeportal, health insurer, or DRV |
| Applies to a pure business trip with no service provided? | No | Yes – an A1 may still be required |
For the detailed A1 certificate explainer, see A1 certificate explained. For details on PWD notification automation in Germany, see EU Posted Workers Directive (PWD).
Sectors and enforcement
According to the European Labour Authority, the main sectors for posted workers are "construction, manufacturing, transport (road/freight), warehousing, financial, professional, scientific, and administrative activities, as well as human health and social work activities." ELA names as key enforcement challenges: accessibility and availability of information on applicable rules, complex mobility patterns (such as subcontracting schemes, letterbox companies, and bogus self-employment), cases of non-compliance, and the need for improved cooperation among Member State authorities. ELA also flags a growing phenomenon: the posting of third-country national workers, who are "particularly vulnerable due to their dependence on employers for the renewal of work and residence permits."
For companies, this means enforcement intensity varies significantly by sector and destination country – construction and transport are especially in focus for enforcement authorities per ELA. For details on long-term posting and equal treatment, see Posted Workers Directive and Equal Pay.
FAQ
What is the difference between a posted worker and a business trip?
A posted worker provides a service in the host country for a company (client, group company, or via a temporary work agency). Someone who only attends conferences, meetings or training without providing a service is not considered a posted worker, per the European Commission.
Do I still need an A1 certificate for a posted worker?
Yes. The A1 certificate governs social security and is required independently of the PWD notification, whenever a person works temporarily in another EU/EEA state or Switzerland.
Where do I notify posted workers in Germany?
Via the minimum-wage notification portal (meldeportal-mindestlohn.de) under the Minimum Wage Notification Ordinance; posted drivers are notified separately via the IMI system and the Road Transport Posting Declaration Portal.
What changes for postings exceeding 12 months?
From 12 months (18 months with a motivated notification), all host-country employment conditions generally apply, except for contract conclusion/termination procedures and supplementary occupational retirement pension schemes.
The information provided on this website does not constitute legal advice and is not intended to address any legal issues or problems that may arise in individual cases. The information on this website is of a general nature and is provided for informational purposes only. If you need legal advice for your individual situation, you should seek the advice of a qualified attorney.