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Posted Workers

Free movement of workers is a fundamental principle of the Treaty on the Functioning of the European Union. Article 45 provides that:-

  1. Every citizen of the Union has the right to move and reside freely within the territory of the Member States.
  2. Freedom of movement and residence may be granted, in accordance with the Treaties, to nationals of third countries legally resident in the territory of a Member State.

EU citizens and third country nationals legally resident in the territory of a Member State are entitled to:

  • look for a job in another EU country   
  • work there without needing a work permit
  • reside there for that purpose
  • stay there even after employment has finished
  • enjoy equal treatment in access to employment, working conditions and social and taxation matters.

"posted worker" is an employee who is sent by his or her employer, to carry out a service in another EU Member State on a temporary basisThe European Posting of Workers Directives require that all posted workers must have access to relevant information on their rights and obligations as workers in whichever State they are working. 

Irish employment law provides that a “posted worker” posted to the State is guaranteed the statutory employment law protections provided under the employment law statutes of the State.

The Workplace Relations Commission is the National Liaison office and competent Authority in Ireland, under the European Posting of Workers Directive. 

We are the contact points for

  • authorities from other Member States,
  • companies that post workers,
  • posted workers themselves.

We

  • Ensure information on terms and conditions of employment as they apply to posted workers is readily and easily available,
  • monitor compliance with terms and conditions of employment
  • reply to requests from public authorities for information on the transnational hiring-out of workers, including abuses or possible cases of unlawful transnational activities,

To comply with the Directive an employer posting workers to the State must submit a Form of Declaration for all temporary postings of workers to Ireland from another Member State. The form is available to download from the Posted Workers section on our website.

Forms may be e-mailed to the dedicated e-mail address below:

WRCpostedworkers@workplacerelations.ie

This e-mail address has been created for the submission of:-

  • Form of Declarations by employers
  • General enquiries from both workers and employers
  • Complaints from workers about non-compliance with posted workers legal right

Failure to submit a Form of Declaration is a criminal offence. A fine of up to €5,000 may be imposed upon summary conviction.

The Form of Declaration must be submitted no later than the date on which the employee commences work in Ireland.

Check out our website for information on employment rights in Ireland.  The google translate feature allows for translation into many languages.  We can also be contacted at WRCpostedworkers@workplacerelations.ie.