EU A1 posting reform: what changes for employers

The amending Regulation to 883/2004 and 987/2009 makes prior notice and an A1 request mandatory before a posting starts, narrows short trip exemptions for construction, adds a three month prior insurance condition for workers recruited with a view to posting, and a two month gap between long postings. These rules apply 24 months after the Regulation enters into force.

The failure mode: a two day job without an A1

A construction contractor sends a crew across a border for a two day repair. Under the new text, work of no more than three consecutive days within 30 consecutive days is exempt from notice and from the A1, but construction work is excluded from that exemption. Annex 6 of Regulation 987/2009 defines construction broadly: excavation, earthmoving, assembly of prefabricated elements, installation, renovation, repairs, demolition, maintenance, painting and cleaning.

The host inspectorate visits on day two. The employer has no A1, no acknowledgement of receipt and no exemption evidence, because none applies. Under the amended rules, a posted worker without an A1 must be covered by either the acknowledgement of receipt or proof of an exemption, shown on paper or electronically. Without either, national sanctions in the host state apply.

The employer must inform the competent institution before the posting starts and request the A1 at the same time. If the institution does not issue the A1 immediately, it issues an automatic acknowledgement of receipt, which proves that notice was given.

Timeline from publication to application

The final text, PE-CONS 29/26 dated 9 September 2026, amends Regulation (EC) No 883/2004 and its implementing Regulation (EC) No 987/2009. The Official Journal number is not yet assigned. The calendar runs in two stages.

Employers therefore have a fixed preparation window. Payroll, HR and project managers can use it to build the notice step into every mobilisation plan before the application date.

Who is affected and how

The posting rule itself keeps its core: a posted employee stays under the sending state's legislation if the anticipated posting lasts no more than 24 months and does not replace another posted person. Around that core, the conditions change.

The two month gap is not absolute. It may be waived in specific circumstances through an agreement under Article 16(1) of Regulation 883/2004, which requires the institutions of the states concerned to agree.

For staffing and recruitment firms, the three month prior insurance condition matters most. A worker hired specifically to be posted cannot be sent on the first day of employment unless that insurance history already exists in the employer's Member State. Posting third country nationals between EU states raises further questions, covered in our guide to posting non EU workers between EU countries.

Exemptions and the document checklist

Two categories need no prior notice and no A1. Business trips are exempt: meetings, conferences, seminars, cultural or scientific events and training. Supplying services or goods is excluded from that category. Work lasting up to three days in a row, counted inside any 30 day window, is also exempt; construction work listed in Annex 6 is not covered by this exemption.

For every other posting, the file at the host site should hold one of the following:

1. The portable document A1 issued by the competent institution.
2. The automatic acknowledgement of receipt, if the A1 is not yet issued.
3. Evidence that a business trip or short activity exemption applies.

Each may be held on paper or electronically. The current procedure for corridors such as Germany and Austria is set out in our A1 certificate guide for Germany and Austria. The text of the final Regulation is published by the Council of the European Union.

Employers planning cross border placements can review current openings on the Werklist job board.