Posted workers are workers who are deployed to provide a service to the client of their employer in another European Union [EU] or European Free Trade Area [EFTA] country for a temporary period. Workers hired by temporary employment agencies are considered posted workers too.
Throughout the period of posting, the workers remain directly employed by the employer who sends them abroad and remain under the social security scheme of the country where they normally work.
The Posted Workers’ Directive applies to all posted workers irrespective of their nationality. Thus, a third-country national who holds regular residence and work permits in a Member State can be posted to work in another Member State.
Who is NOT a “posted worker”?
Individuals who are independently seeking employment in another Member State; self-employed persons; seagoing personnel in the Merchant Navy; drivers in the road transport sector performing bilateral transport operations; and workers sent to other Member States on business trips in order to attend meetings or follow training are NOT to be considered posted workers in terms of the Posted Workers’ Directive.
What is the duration of a posting assignment?
The Directive does not provide a minimum duration; however, long-term postings should not exceed 12 months. The employer may, however, submit a notification, justifying the extension of the period of posting to 18 months.
Where the effective duration of the posting exceeds 12 months or, where applicable, 18 months, the employer must guarantee all the mandatory terms and conditions of employment applicable to workers in the host Member State.
It is important to note that the employer cannot extend the maximum period of posting when the deployed posted worker is replaced by another worker. Where there is such a replacement, the duration of the posting shall still date back to the start of the first posting assignment.
What are the terms and conditions of employment of posted workers?
The employer of the posted worker must guarantee all the terms and conditions of employment rendered mandatory by national laws and regulations in the host Member State with regards:
(a) Maximum work periods and minimum rest periods;
(b) Minimum paid annual vacation leave;
(c) Remuneration, including applicable overtime rates;
(d) The conditions of hiring-out of workers;
(e) Health, safety and hygiene at work;
(f) Protective measures which apply to pregnant women, women who have recently given birth, children, and young persons;
(g) Equality of treatment and non-discrimination;
(h) Workers’ accommodation conditions in respect of work carried out away from their regular place of work;
(i) Allowances or reimbursement of travel, board and lodging costs for workers who are away from home for work purposes; applicable only to posted workers who commute to and from their regular place of work in the host Member State, or where the posted worker is temporarily sent from his/her regular place of work to another place of work.
Finally, workers posted to provide a service in another EU country retain their fundamental rights as workers throughout the posting period.
Can the employer deduct the costs of travel, boarding and lodging from the employee’s salary?
The employer cannot make such deductions. Reimbursement or compensation of travel, board and lodging are provided in addition to the remuneration.
Which Maltese laws provide protection to posted workers?
Posting of Workers in Malta Regulations, 2016 (
S.L. 452.82) protect the rights of posted workers and establish the provisions, measures and control mechanisms to prevent and sanction any abuse.
What can a posted worker do if they believe that they are being treated unfairly?
If a posted worker believes they are being treated unfairly, they may submit a written request to the employer to provide them with a written statement, listing the reasons for any difference in treatment. This statement must be provided within ten days from the date of the request.
The posted worker may also contact the Department for Industrial and Employment Relations (DIER) to report the breach of their employment rights. The DIER will then investigate the case and proceed with legal action where there are grounds for criminal proceedings.
Furthermore, and without prejudice to any other rights regarding the institution of proceedings in another Member State, the posted worker may also seek redress for the infringement of their rights under the Posting of Workers in Malta Regulations (S.L.452.82) in the courts of Malta. Court proceedings may be instituted even after the end of the posting assignment or the termination of employment.
How can I get in contact with the DIER?
The DIER has a dedicated email for matters related to the posting of workers. Please send any queries to
posting.dier@gov.mt.
The DIER may also be reached by telephone on 1575/1576.