Posting of Workers
Advice to companies and workers in situations of international professional mobility, including assessment of the legal framework, the A1 Certificate, document preparation, administrative obligations and regularisation of foreign workers.
What is included
- Assessment of the legal framework for posting
- A1 Certificate application and follow-up
- Prior posting declaration
- Employer obligations in international mobility
- Document preparation and organisation
- Applicable social security legislation
- Working conditions and pay in the host country
- Regularisation of foreign workers
- Contracts and addenda for mobility
- Support for companies providing services in the European Union
- Support for posted workers
- Compliance checks and responses to labour inspections
Every situation is assessed individually. These services are provided within the remit of a Trainee Lawyer, under the supervision of Dr. João Nogueira Marques, Lawyer.
What helps prepare for your consultation
- The sending and destination countries, intended duration, workplace and activity to be performed.
- Contracts, amendments and any information already available about the host company or client.
- An A1 certificate, posting declarations or communications from inspection authorities, if already available.
- A simple map of the operation: who employs, who pays, who directs the work and where it is carried out.
- Records of working time, travel and payments for the period concerned, where these already exist.
- Details of the workers involved, including nationality, residence and the social security arrangement applying to each.
What we review with you
We assess the arrangement, employment relationship and countries involved to establish the context of the posting. We review the documents and questions concerning social security, working conditions and notifications to the relevant authorities. Support can include preparing applicable requests and replies to inspections. We separate the sending company’s obligations from those of the host company, since they do not all fall on the same entity. Where an inspection is under way, we first organise what has been requested and what has already been provided, before preparing any reply.
Common questions before a consultation
What defines a posting for the purposes of the assessment?
What matters is the actual shape of the operation: who employs, who pays, who directs the work and where it is genuinely carried out. That reading comes before any conclusion, because the label used in the contract does not by itself determine the applicable position.
Which obligations fall on the sending company?
Not all obligations fall on the same entity, and separating them is where the assessment starts. We distinguish what belongs to the sending company, what belongs to the host company and what depends on the country where the work is performed, before preparing any notification.
I have received a request from an inspection authority. Where do I start?
By reading the request in full and identifying exactly what has been asked for. We then compare that with what has already been provided and with the existing records. Only then is a reply prepared, to avoid adding documents that introduce inconsistencies.
Does an A1 certificate settle the social security questions?
It is a central element, but it does not close the assessment on its own. It matters which period and which workers it covers, whether it still matches the current situation, and what happens when the operation changes. The specific procedures rest with the competent bodies.
What if the intended duration of the posting changes?
A change of duration, location or activity may change the applicable position and the notifications due. That is why we ask for both intended and actual dates. The consultation identifies what needs updating, and with which body, when the operation no longer matches what was planned.
Which records should be kept during the posting?
Working time, travel, payments and the correspondence exchanged with the host company. Keeping these organised during the period, rather than only at the end, is what makes it possible to answer a request for information without reconstructing everything after the fact.
Does the assessment serve both the company and the worker?
The perspectives differ and it is important to be clear from the outset, because the interests may not align. In the first consultation we identify on whose behalf the assessment is made and, where there is a conflict of interest, we explain the appropriate referral.
Can the consultation be held remotely?
Yes. Appointments are held by video call or telephone, in Portuguese, English or Spanish, with documents sent in advance. In-person consultations in Porto remain available for anyone who prefers to deal with the matter face to face.
Editorial responsibility: Carvalhos Advocacia. General information; confirm the current position for your case before acting.