Directive (EU) 2018/957: What the 2018 Revision of the Posting of Workers Directive Changed

Directive (EU) 2018/957 was adopted on 28 June 2018 (CELEX 32018L0957) and is addressed to the Member States. The national posting act that transposes it, not the Directive, binds employers that send posted workers in the EU.

The sections below set out what the Directive is, what it changed, when the revised rules started to apply, how Member States transposed it, what the Commission's 2024 review found and how to apply the rules to a posting today.

What Is Directive (EU) 2018/957?

Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 is the act that amended Directive 96/71/EC concerning the posting of workers in the framework of the provision of services, based on Articles 53(1) and 62 TFEU. It was published in OJ L 173, 9.7.2018, p. 16 (EUR-Lex), entered into force on 29 July 2018 and has five articles: Article 1 holds the amendments, Article 2 the review, Article 3 transposition and application, Article 4 entry into force and Article 5 the addressees.

The amendments live in the consolidated text of Directive 96/71/EC (01996L0071-20200730). Directive 96/71/EC of 16 December 1996 (OJ L 18, 21.1.1997, p. 1) has been amended only by Directive (EU) 2018/957 and its 2019 corrigendum, while Directive (EU) 2020/1057 is a special rule for drivers and does not amend the text. The parent page covers the amended act as a whole: Posting of Workers Directive 96/71/EC.

From the 2016 Proposal to the 2020 Judgments

The Commission proposed the revision on 8 March 2016 as COM(2016) 128 (procedure 2016/0070(COD)). Reasoned opinions from 14 chambers of 11 Member States, 22 votes, were lodged under Article 7(2) of Protocol No 2 (the yellow card), and the Commission maintained the proposal in COM(2016) 505 of 20 July 2016.

Parliament adopted its position on 29 May 2018, the Council decided on 21 June 2018 and the act was signed on 28 June 2018.

Hungary (C-620/18, lodged 2 October 2018) and Poland (C-626/18, lodged 3 October 2018) sought its annulment, and the Grand Chamber dismissed both actions on 8 December 2020. The other posting judgments are explained under posting of workers case law.

What the Amending Directive Changed, Article by Article

Article 1 of Directive (EU) 2018/957 changed 15 provisions of Directive 96/71/EC, from a new purpose clause to the Annex, and the largest changes concern pay, long postings and agency workers. The Article 3(1) list of host matters grew from seven to nine, with point (h) accommodation provided by the employer and point (i) travel, board and lodging allowances or reimbursement.

The changes apply in the EU since 30 July 2020. Pay is compared on gross totals (recital 18 of Directive (EU) 2018/957). After 12 months, or 18 on a motivated notification, the worker stays posted, and labour law sets no maximum length (recital 10 of Directive (EU) 2018/957).

The Fundamental Rights Clause in Article 1(-1a)

Article 1(-1a), inserted by Directive (EU) 2018/957, states that the Directive does not affect the exercise of fundamental rights recognised in the Member States and at Union level, including the right to strike and the right to negotiate and conclude collective agreements.

Article 1(-1) of Directive 96/71/EC, added by the same Directive, states the purpose: the protection of posted workers in relation to the freedom to provide services. Both clauses stand before paragraph 1 of Article 1.

When Did the Revised Rules Start to Apply?

The revised rules have applied in the EU since 30 July 2020, the date by which Article 3(1) of Directive (EU) 2018/957 required Member States to adopt and apply their national measures; until then Directive 96/71/EC applied in its earlier wording. The table runs from the proposal to the Commission's report.

For road transport the amended Directive applies only from 2 February 2022, under Article 3(3) of Directive (EU) 2018/957 with Article 9(1) of Directive (EU) 2020/1057.

Norway, Iceland and Liechtenstein from 1 January 2023

EEA Joint Committee Decision No 19/2022, adopted on 4 February 2022, incorporated Directive (EU) 2018/957 into Annex XVIII of the EEA Agreement, and it has applied in Norway, Iceland and Liechtenstein since 1 January 2023.

The decision is listed in EEA-Lex. Norway, Iceland and Liechtenstein are the three EEA EFTA States that take over EU acts through the EEA Agreement, not through EU membership. Switzerland and the United Kingdom apply their own posting regimes, and the Norwegian rules are on the page on posting workers to Norway.

How Member States Transposed Directive (EU) 2018/957

Each Member State wrote Directive (EU) 2018/957 into its own posting act, and employers apply that national act, not the Directive itself. France adopted its ordinance in February 2019, while Ireland and Italy brought their measures into force after the EU deadline of 30 July 2020, on 1 October 2020 and 30 September 2020.

Ireland's measure is S.I. No. 374 of 2020. The table names six acts only; the act of every other state is on its country page where it has been verified.

What the Commission's 2024 Review Found

The Commission's report COM(2024) 320 of 30 April 2024, due by 30 July 2023 under Article 2(1) of Directive (EU) 2018/957, named Member States that had not enacted individual rules of the revision and saw no need to propose amendments. Article 2 asked the Commission to assess subcontracting and road transport, and the report comes with SWD(2024) 320.

All figures in the table are as of 30 April 2024. Ireland is named in six of its eight rows. The maximum fines are the Commission's record of national posting rules; the penalties page gives them by country.

How to Apply the 2018 Rules to a Posting Today

Apply the 2018 rules through the host State's posting act and check each posting against them before it starts. The posting compliance checklist lists every obligation before, during and after a posting.

1. Find the host State's act that transposes Directive (EU) 2018/957, in the transposition table above or on the country pages.
2. Compare gross pay with the host remuneration in all its mandatory constituent elements (Article 3(1), third subparagraph, of Directive 96/71/EC; recital 18 of Directive (EU) 2018/957).
3. Track the effective duration and, where the host law requires a motivated notification to go beyond 12 months, file it in the timeframe that law sets (Article 3(1a), third subparagraph, of Directive 96/71/EC).
4. For agency and chain postings, make sure the user undertaking informs the agency in due time before the work starts (Article 1(3), third subparagraph, of Directive 96/71/EC).
5. File the host State's posting declarations at the latest at the commencement of the service provision, where the host State requires one (Article 9(1)(a) of Directive 2014/67/EU).

Each step maps to a row of the change table: step 2 to the remuneration rows, step 3 to Article 3(1a) and step 4 to Article 1(3).

Beyond the Amending Directive: Social Security, Drivers and Enforcement

Directive (EU) 2018/957 changed labour law only, and four neighbouring rule sets decide the rest of a posting, each on its own page.

• Social security: the A1 certificate shows which State's social security legislation applies, and the 24-month posting rule of Article 12(1) of Regulation (EC) No 883/2004 covers an anticipated duration of up to 24 months.
• Social security from 2028: Regulation (EU) 2026/2359 has been in force since 1 November 2026, its posting rules apply from 2 November 2028, and today the current Article 12 of Regulation (EC) No 883/2004 applies.
• Drivers: Directive (EU) 2020/1057 applies from 2 February 2022.
• Enforcement: Directive 2014/67/EU governs declarations, documents and subcontracting liability.

Questions on Directive (EU) 2018/957

Four questions come up most often about the 2018 revision.

When did Directive (EU) 2018/957 come into effect?

Directive (EU) 2018/957 entered into force on 29 July 2018 and its rules have applied in the EU since 30 July 2020 (Article 3(1)). For road transport they apply from 2 February 2022, and in Norway, Iceland and Liechtenstein from 1 January 2023.

Does the 2018 revision limit a posting to 18 months?

No: after 12 months, or 18 on a motivated notification, almost all host terms apply but the worker stays posted (Article 3(1a) of Directive 96/71/EC; recital 10 of Directive (EU) 2018/957). The 24-month A1 limit is a different, social-security clock (Article 12(1) of Regulation (EC) No 883/2004).

Does Directive (EU) 2018/957 apply to the UK?

No: the United Kingdom applies its own posting regime, as does Switzerland. The 2018 revision binds only the EU Member States and, since 1 January 2023, Norway, Iceland and Liechtenstein (EEA Joint Committee Decision No 19/2022). UK rules are on the page on posting workers to and from the United Kingdom.

Is another change to the posting rules pending?

The Commission's 2024 review proposed no amendment to Directive 96/71/EC, but a separate regulation on an EU e-declaration for posting, COM(2024) 531 of 13 November 2024, is pending: Parliament adopted its first-reading position on 20 October 2026 and it awaits the Council's first-reading position as of 5 November 2026.