Navigating EU Posted Workers
and A1 Certificates

Navigating EU Posted Workers and A1 Certificates

Over the past three weeks, our Brexit newsletters have reviewed EU Business Visitors, UK Business Visitors, and last week we discussed UK nationals traveling to the EU for short-term visits to the Schengen Area.

It is important to note that the risks are high for non-compliance with each country’s regulations. Protect your organisation and travellers from severe penalties for non-compliance by using the Post-Brexit Business Travel Assessment. In less than five minutes, business visitors are offered guidance on what is required for travel as well as a Support Letter to make travel entry as easy as possible.

Take the Assessment

EU Posted Workers

Today we’re focusing on EU Posted Workers and A1 Certificates. These hot topics continue to be areas of focus in the European travel industry for good reason – posted workers are making the news and the consequences and potential fines are significant for employers. For example, last year French Labour Minister Elisabeth Borne warned that the government will intensify the attack on posted work as part of economic recovery planning.

But, what exactly is a 'posted worker'? A posted worker is a person who, for a limited period of time, carries out his or her work in the territory of an EU Member State other than the state in which he or she normally works.

There are three types of postings:

  1. Workers at client sites
  2. Workers at affiliated entities
  3. Workers at temporary employment agencies

The main aim of Posted Worker Directives is to guarantee fair working conditions for workers, and set standards to which employers must adhere. For instance, employers must meet the following standards to remain compliant with these directives:

Working Conditions – a worker must adhere to certain terms and conditions of employment of their host country if the terms are more advantageous than those of their home country.

Posted Worker Notifications (PWNs) – these PWNs are submitted to the relevant authorities (typically the local Ministry of Labour or Social Security) disclosing assignment details of the posting, often including working conditions.

Record Keeping – mandatory records usually need to be held at the workplace and by a liaison during posting (this varies by country).

Appoint a Company Liaison – a company’s representative, serving as the contact person for the local authority. In case of a workplace inspection, or an audit after the posting is complete, the local authority will contact the liaison to request records relating to the assignment.

Posted worker non-compliance risks include financial penalties, operational disruptions, and reputational damage. For more in-depth information about posted workers read 'Do I Have a 'Posted Worker'' by CIBTvisas’ Immigration Division, Newland Chase.

A1 Certificates

For a posted worker to continue to be covered by the social security system in their home country, the employer must request an A1 Certificate from the social security institution in the home country and inform the host country’s authorities. There are two types of A1 Certificates: single state and multi-state.

The A1 Certificate:

  • Proves that a traveller is subject to the social security of their home country and therefore does not have to pay social security to a country in which they will be working temporarily.
  • Must be applied for and obtained prior to travel. Note that each Member State has its own forms, systems, and processing times.
  • Has been in place in EEA countries and Switzerland since 2010, for persons 'posted' in another of those countries on a temporary basis, even for short business meetings.

A1 Certificate enforcement efforts are being accelerated in recent years, in particular in France, Austria, Switzerland, and Spain. Risks for not obtaining an A1 Certificate prior to travelling may result in substantial fines by the relevant authorities, as well as the traveller being forced to stop working or being refused entry to trade fairs, conferences, hotels, etc.

In the often-confusing and frequently-changing area of posted worker rules, there is no substitute for knowledgeable and experienced professional guidance. For assistance with a potential posted worker assignment, you are encouraged to reach out to your dedicated CIBTvisas Account Manager for more information. Don’t have an Account Manager? Contact us.

Next week, we’ll break down how companies can prepare for this transformed travel landscape.


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