DRUCKEN

Posting of Self-Employed Individuals


The following criteria must be met when posting self-employed individuals:

  1. The self-employed person conducts significant activities in the territory of the Member State in which they are established.
  2. The self-employed activity must have been carried out for a certain period prior to the intended posting.
  3. The corporate structure in the home country remains in place during the posting.
  4. According to Regulation (EC) No 883/2004, the Withdrawal Agreement, or the Trade and Cooperation Agreement, the self-employed person must engage in a similar activity in the Member State to which they are posted, as in the state in which they are established.

Duration of Posting

Regulation (EC) No 883/2004 allows for a maximum posting duration of 24 months.


Example:

An individual runs a carpentry business in Austria and takes on a carpentry job in the Czech Republic for eleven months. In which Member State is the person insured during these eleven months?

Solution:

Self-employed activity is usually carried out in:                Austria

Similar activity in another Member State:                          Yes

Applicable legal provisions:                                                   Austria

 

Example:

An owner of a plumbing business in Slovenia works for twelve months with a plumber in Austria. Which legal provisions apply to this person?

Solution:

Self-employed activity is usually carried out in:                Slovenia

Similar activity in another Member State:                          Yes

Applicable legal provisions:                                                  Slovenia