The content of the provisionally adopted text is not publicly available, but it is reasonable to expect that the changes to the applicable rules for posted workers will include:2
- an extension of the required affiliation period to the home country’s social security system prior to posting, from one to three months; and
- a requirement that a period of two months elapse before a new 24‑month posting can be initiated.
This two‑month interruption requirement would apply more broadly than under the current rules, where it applies only when the new 24‑month posting is to the same country and for the same employer.
One of the more radical proposals was to introduce a prior notification requirement for posting for social security purposes, and this proposal is in the provisionally adopted text, which will significantly change the administration of social security in the future. This particular proposal seems contradictory to the overall European ambition to diminish administrative burden on businesses.
Provided the revision is approved, it is reasonable to expect that the new rules will be in force and applicable for employers and employees around two years after the formal adoption process is completed (to allow for publication, entry into force and transition periods). This timeframe reflects the need for member states and social security institutions to adapt legal frameworks, adjust IT systems, and update administrative practices and guidance.
For employers and mobile workers, this lead time will be important for reviewing existing mobility, posting, and remote‑work arrangements; assessing potential changes in cost, coverage, and compliance risk; and planning any necessary contractual or policy updates in advance. Early scenario planning will be particularly relevant where large populations of mobile workers or complex cross‑border structures are involved.
KPMG is closely following these developments, both in terms of their impact on the underlying legal provisions and on day‑to‑day administration. We will provide further updates and practical guidance as more detail becomes available.