A service provider may win a contract in another country and send his employees there to carry out the contract. This trans-national provision of services, where employees are sent to work in a Member State other than the one they usually work in, gives rise to a distinctive category, namely that of “posted workers”.
„A posted worker” is employed in one EU Member State but sent by his employer on a temporary basis to carry out his work in another Member State. This category does not include migrant workers to go to another Member State to seek work and are employed there.
To guarantee that the rights and working conditions of a posted worker are protected throughout the European Union, the European Community law has established a core of mandatory rules regarding the terms and conditions of employment to be applied to an employee posted to work in another Member State.
The Posting of Workers Directive covers employees being sent to another Member State in three situations:
When an employer posts a worker to another Member States on his own account and under his direction, under a contract which the employer has concluded with the party in the State for whom the services are intended;
When an employer posts a worker to an establishment or to an undertaking owned by the group in the territory of a Member State;
When the employer, being a temporary employment undertaking or placement agency, hires out a worker to a user undertaking established or operating n another Member States.
The employment relationship between the employer and the posted worker must be maintained during the period of posting.