A “posted worker” is an employee who is sent by its 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.

A list of working conditions that posted workers must be granted in the host country laid down by Directive 96/71/EC as amended by Directive 2018/957/EU.

The EU law defines a set of mandatory rules regarding the terms and conditions of employment to be applied to posted workers

• to guarantee that these rights and working conditions are protected throughout the EU
• to ensure a level-playing field and avoid “social dumping” where foreign service providers can undercut local service providers because their labour standards are lower.

These rules establish that, even though workers posted to another Member State are still employed by the sending company and subject to the law of that Member State, they are entitled to a set of core rights in force in the host Member State.

The EU law thus provides a clear framework to guarantee fair competition and respect for the posted workers’ rights so that both businesses and workers can take full advantage of the internal market opportunities.