Posting of Workers

If a Maltese employer posts (sends) workers temporarily to work in another EU country, this will trigger certain mandatory procedural and substantial requirements. Equally if another EU-based employer posts (sends) workers temporarily to work in Malta, domestic rules regulating ‘posted workers’ will apply.

Grounded in EU legislation, the rules on the posting of workers have evolved over time. From their early foundations to today’s framework, these rules are designed to protect the rights and working conditions of posted workers and to ensure a level-playing field. Learn more about the legal basis and history of the posting of workers rules here.

The posting of workers is one form of employment across EU borders – and is distinct from the concept of cross-border workers. Curious about the difference between posted workers and cross-border workers? Find out here.

So what rules apply?

Posted workers are subject to both host and home Member State rules. The posting of workers requires careful planning – so employers must understand what rules apply, before, during and after posting workers, before posting the employee over!

See how these apply here.

There’s more beneath the surface: immigration, tax, and social security issues also come into play. Get in touch for more information.

Looking ahead, an EU Commission proposal proposes to introduce a single digital portal for posting declarations. If implemented, this could reduce the administrative burden on service providers. More information about the proposal can be found here.

How we help: Employment 360 can assist you with understanding your obligations as of employers arising from a posting of workers situation, including on applicable working conditions, drafting/review of a services agreement, acting as liaison with the competent authority in Malta and assistance in the event of an audit or inspection.