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Posted workers vs direct employment: which model applies?
Short answer: In direct employment the destination-country employer hires the worker; in posting, an employer from another EU state sends its own employees to work temporarily in the destination country, and certain host-country conditions, such as pay and working time, generally apply.
Two common models
Direct employment. The employer in the destination country hires the worker under a local employment contract. Local labour law, pay rules, tax and social insurance apply in the ordinary way.
Posting of workers. A company established in one EU/EEA country sends its own employees to work temporarily in another country, for example to deliver a contract or to work as temporary agency workers. EU posting rules require that certain host-country conditions, such as pay and working time, apply, and there are administrative duties such as notifications and keeping documents.
Why it matters when recruiting
- The model affects who the employer of record is, who pays what, and which country’s rules govern the contract.
- Posting has duration and administrative rules, and the host country may require notifications to its authorities.
- Construction is a sector where subcontracting chains and posting are common and where liability for subcontractors can reach the main contractor.
What we recommend
Decide early which model fits your project and take advice from an employment lawyer or the destination country’s labour authority. We are glad to discuss how your project is structured when you contact us.
General information, not legal advice. Posting rules differ by country and have been amended at EU level; this page does not describe any single country’s requirements.