Posting within the EEA and to Switzerland

An employer may have administrative obligations when sending an employee to another EEA member state or Switzerland, whether for a short conference, a business trip or a work assignment. The requirements depend on the circumstances of the trip and the rules of the host country.

An employee may need an A1 certificate, while the employer may be required to submit a posting notification depending on the nature of the work and the host country’s rules.

If a required A1 certificate is missing or a required posting notification has not been submitted, the host country’s authorities may impose social security or labour law fines. It is also increasingly common for European partner companies to require certificates and notifications as a condition for starting work.

Our company has many years of experience managing the administrative requirements for postings to EEA member states and Switzerland, including applying for A1 certificates and submitting posting notifications in various host countries.

The A1 certificate confirms which country’s social security legislation applies to an employee while they are working abroad.

This may be relevant, for example, when a Hungarian employer temporarily sends an employee to another EEA member state or Switzerland, while the employee remains insured in Hungary. For business trips, whether an A1 certificate is required must be assessed based on the specific activity and circumstances.

If Hungarian social security legislation applies, the certificate is issued by the competent Hungarian authority. It is advisable to apply before the work abroad begins.

In the case of a posting, the A1 certificate should be requested for the planned duration of the posting. It can be requested even for a one-day posting, but as a general rule, it can be issued for no more than 24 months. For a longer period, Hungarian social security coverage can continue only with the agreement of the competent authorities of both countries.

Posting of workers under EU rules takes place in the context of the cross-border provision of services, including:

  • intra-group posting;
  • work related to the cross-border provision of services between companies;
  • temporary agency work.

The employer may be required to notify the competent authorities in the host country before the posting begins. The notification requirement, its scope and any exemptions depend on the rules of the host country.

Some countries may also require notification for certain business trips that do not involve productive work, such as negotiations or conference attendance.

A notification may be required for both short-term and longer postings. A posting lasting only one or two days is not automatically exempt; the rules of the host country should be checked.

During a posting, the employer must ensure that the applicable employment conditions of the host country are met, including requirements on remuneration, working time, rest periods and paid annual leave.