Posting of staff from outside the EU

Multinational companies occasionally need to transfer staff from one country to another. The practice broadens an individual’s experience and can provide the host company with valuable expertise. As part of its common immigration policy, the European Union (EU) has standard rules to process the transfer applications and to ensure the people concerned are treated fairly when they arrive and work in the EU.

ACT

Directive 2014/66/EU of the European Parliament and of the Council of 15 May 2014 on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer.

SUMMARY

Multinational companies occasionally need to transfer staff from one country to another. The practice broadens an individual’s experience and can provide the host company with valuable expertise. As part of its common immigration policy, the European Union (EU) has standard rules to process the transfer applications and to ensure the people concerned are treated fairly when they arrive and work in the EU.

WHAT DOES THE DIRECTIVE DO?

The legislation sets out the terms and conditions that apply to non-EU citizens (known as third-country nationals) and their families when they are transferred by their company to work in one or more of its centres inside the EU for more than 90 days. It does not apply to the self-employed, students or people assigned by employment agencies.

KEY POINTS

• The directive provides a mechanism by which the transferee can carry out his/her assignment in multiple EU countries without interruption and without the need to re-apply for admission each time he/she moves country.
• Family members may join the transferee and work on either a self-employed or employed basis.
• Transferees must have worked for a certain time with their company before being transferred. They must have a work contract and provide evidence that they will be able to transfer back out of the EU once their EU assignment ends. Trainee employees must provide evidence of a university degree and may have to present a training agreement.
• Payment to someone transferred should not be lower than that given to an EU national doing a comparable job.
• The maximum duration for a transfer should not be more than 3 years for managers and specialists and 1 year for trainees.
• National authorities may insist that the person being transferred has sufficient finances for themselves and their family so as not to have to rely on the local social assistance system.
• Anyone considered a threat to public policy, public security or public health may be refused entry to the EU.
• An application may also be refused, for instance, if the employer or the host company has failed to respect its various legal and fiscal obligations or is being wound up.

WHEN DOES THE DIRECTIVE APPLY?

From 28 May 2014.

last update 15.12.2014