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The Posted Workers Directive Explained: A Practical Guide for Construction Employers
When you post workers to another EU country, host country labour law generally applies for the duration of the assignment. Here’s everything you need to know without the legal jargon.
What Is a “worker”?
A worker is an employee who is sent by their employer in one EU country to work temporarily in another EU country. For example, a mason employed by European Workers Solutions in Romania, sent to work on your building site in Germany, is a worker.
This is different from a worker you hire directly as an employee — in that case, standard local employment law would apply from day one.
The Core Principle: Host Country Working Conditions
Posted workers are entitled to the same core working conditions as local employees in the host country from day one. This includes:
- Minimum wage — the national minimum or relevant collective agreement wage (whichever is higher)
- Maximum working hours — same limits as local workers
- Paid holidays — minimum holiday entitlement of the host country
- Health and safety rules — the host country’s regulations apply on-site
- Equal treatment — no discrimination based on nationality
What Stays Romanian
Even though working conditions follow the host country, social security contributions continue to be paid in Romania (for the first 24 months). This is documented via the A1 certificate, issued by the Romanian social security authority. Our team handles this paperwork for every posting.
Country-Specific Registration Requirements
Germany
The worker must be registered via the Zoll (customs authority) online portal before they start work. The posting company must designate a representative in Germany. We handle both of these requirements.
Netherlands
Registration is via the NLWKI portal (WagwEU notification system) at least one working day before work begins. We submit this notification and ensure ongoing compliance.
France
A prior declaration (SIPSI) must be filed with the French labour ministry before work begins. We manage this for every French posting.
Belgium
Belgium uses the LIMOSA system for registration of foreign workers. We file this declaration on behalf of our workers before arrival.
Your Obligations as the Client
Under the revised 2018 directive, clients/main contractors have a duty of care obligation to verify that their labour provider has completed the required registration and holds valid A1 and other posting documents for every worker before they start on-site.
Postings are generally limited to 12 months, which can be extended to 18 months with a justified notification. After that point, if the worker is still on-site, full local employment law applies (known as “long-term posting” status).
For most construction projects, 1–12 months is the typical range. We can advise on the best structure for your specific situation.
Have questions about compliance for your project? Our team is available to advise on the specific requirements in any EU country.
Further Reading & Useful Links
- Our Construction Recruitment Services — full list of trades, compliance management, and long-term staffing
- How Our Recruitment Process Works — step-by-step from requirement to workers on site
- Get a Free Quote — tell us your project requirements and receive candidate profiles within 48 hours
Available in all major European markets: Germany | Netherlands | Belgium | Austria | France | Norway | Sweden