With the number of mobile workers with third-country nationality on the rise, postings within the EU of such third-country workers, which are increasing, are attracting a heightened focus.5
When an employer posts workers temporarily to another EU member state, the employer must comply with certain terms and conditions for employment according to the rules in the host country, and the employer must register all posted workers prior to the commencement of work in the host country. These requirements derive from the EU rules for posted workers.
In addition to the rules for posted workers, an employer that posts workers who are not nationals of an EU country must observe immigration requirements in the host country too. Posted third-country nationals who hold a temporary residence permit in one EU member state can be posted to another EU member state. However, if their stay in the host country exceeds 90 days, there are local requirements for residence that must be met. Otherwise, lack of a residence permit would make work in the host country illegal.
This case illustrates that it is immensely important for employers that post third-country nationals in the EU to be diligent and to plan postings in a way that takes on board all the requirements for each posted worker.
If employers need support in devising, implementing, and managing their policies and processes in respect of the posting of workers, they are advised to reach out to their global mobility adviser and/or immigration counsel, or their local KPMG contact.