A posted worker/a is a worker who is going to work temporarily in another country by decision of the company, which is responsible for guaranteeing the conditions and circumstances for this temporary posting.

Generally, companies have several common reasons for temporarily posting a worker; these are economic, technical, organisational, production and/or business-related recruitment reasons.

Employers have to take a series of actions, conditions, rules and deadlines in order for the temporary posting to take place, these are:

1. Temporary nature of displacement

This is a critical point and gives meaning to the posting. A posting cannot be made indefinitely and therefore could not be applicable if a worker proposes to his company to work remotely from another country indefinitely.

The posting of workers can be of short duration (up to 12 months) or of long duration (more than 12 months). If the company needs it because the objectives justifying the posting have not been achieved, it can ask for an extension up to a maximum of 18 months.

2. Displacement motive

Another key issue is the purpose of the displacement. In this case, the motivation must come from the company, which proposes this posting in order to achieve one of its objectives (opening a new market, making investments, forming a team, etc.).

If it is the employee who wishes to establish himself in another country, it is not a business motivation but a personal one, and as such could not be considered in this case.

The posting of workers is regulated and controlled in the European Union and its Member States, which can establish the controls they deem appropriate. Therefore, it must be fully justified and must comply with current legislation at all times.