Posting abroad


If your company has an agreement with partners established in another EU country and your employees have to go in this country for a limited period of time specified in the contract must follow certain rules for posting. These rules also apply if you send an employee in a company you own in another EU country. Either way between you and the appointee must have an employment relationship.
 
The posting rules also apply if the intermediary employment agency or temporary agency hire a person from another EU country to work in a company registered in the Agency. In this case, there should be an employment relationship between the agency and the worker.
 
Conditions of employment in the host country
During the secondment must ensure your employee the same working conditions as the conditions in force by law or collective agreement in the host country in respect of:
 
minimum rest periods;
maximum working hours;
minimum paid annual leave;
minimum wage - benefits typical of posting (such as subsistence) are considered part of the minimum wage unless they pay as reimbursement of expenditure actually incurred by the appointee (eg accommodation costs and travel);
measures to protect pregnant women and mothers mothers;
equal treatment for men and women.
If the terms of employment in your country are more favorable than in the host country, you certainly keep them during the mission.
 
If the initial installation and / or initial assembly of certain products is an integral part of your contract and trained your staff to carry out these activities, the requirements for minimum wage and annual leave are not mandatory, since the whole trip lasts less than 8 days.
 
EU countries may decide after consultation with representatives of employers and employees are not subject to the requirements for minimum wage and annual leave in the host country if the whole trip lasts less than one month. This exemption does not apply to workers posted by intermediary employment agencies.
 
National Contact Points
EU countries have one or more points of contact for companies posting workers abroad. These authorities shall cooperate and share information to monitor working conditions at the time of posting and track any violations. The contact points can also inform foreign companies wishing to post workers to the employment conditions in their country.
 
Rules on Social Security for posted workers
While work temporarily in another EU country, posted workers may remain socially insured in the system of the country in which they worked before posting.
 
The rules for social security during the trip are different for employed and self-employed.
 
 


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