Posting of workers

Posted workers

• Posted employees are subject to the legislation of the posting State for a period not exceeding 24 months, if they meet the conditions laid down in Regulations Nos 883/2004 and 987/2009. The conditions are laid down in detail in Article 12(1) of Regulation No 883/2004. If the conditions are met, form A1 is issued.

Notification obligation of the posting employer

In the event of the posting of an employee to temporarily pursue an activity in the territory of another Member State, the posting employer is required to notify the competent institution of the posting State in accordance with Article 15 of Regulation No 987/2009. In the Czech Republic, the employer shall fulfil the above notification obligation by submitting a Request for determination of legislation applicable for an employee.

• Posted self-employed persons are be subject to the legislation of the posting State, provided that they meet the conditions set out in Article 12(2) of Regulation No 883/2004. If the conditions are met, form A1 is issued.

Notification obligation of a posted self-employed person

A self-employed person who will temporarily pursue its activity in the territory of another Member State has a notification obligation towards the institution of the posting State in accordance with Article 15 of Regulation No 987/2009. In the Czech Republic, it shall fulfil the above notification obligation by submitting an Request for determination of legislation applicable for a self-employed person.

• The posting of workers in the area of free movement of persons is governed by Regulations (EC) Nos 883/2004 and 987/2004. This area is the competence of the CSSA, or the district social security administrations.

• The posting of workers in the area of free movement of services is governed by Directive 96/71/EC (concerning the working and pay conditions of certain categories of workers). This area is in the competence of the State Labour Inspection Office.