Navigating Posted Workers Law in Ireland: A Guide for Employers

As multinational businesses continue to deploy employees across borders, Ireland remains a key destination for short-term assignments and project-based work. Its location within the European Union (EU), business-friendly regulatory landscape and established infrastructure for multinational employers make it a frequent host for posted workers, who are employees sent temporarily to provide services abroad.

These assignments allow organizations to deploy talent quickly and efficiently, but they also trigger complex obligations under Irish employment law and immigration policy.

In this guide, Aaron Flynn, Director of Ireland Immigration Services at Envoy Global, provides practical insights to help HR professionals navigate Ireland’s posted worker framework and stay ahead of compliance requirements.

What Is a Posted Worker?

A posted worker is an employee sent by their employer to work in another EU/EEA country for a limited period. In Ireland, this is governed by the European Union (Posting of Workers) Regulations 2016, which transposed the EU Posted Workers Directive into Irish law.

Posted workers differ from typical expatriates in that their employment relationship remains with the employer in their home country. Unlike expatriates, who are often hired or contracted by the host-country entity, posted workers are temporarily assigned to carry out services abroad while remaining on the home country’s payroll and contract terms. However, while in Ireland, they are entitled to core Irish employment rights, including:

Minimum rates of pay.
Maximum work periods and minimum rest periods.
Health and safety at work.
Equal treatment between men and women.

Immigration Implications for Posting Workers to Ireland

While EU/EEA nationals benefit from simplified mobility under posted worker rules, immigration requirements are more complex for non-EEA nationals. Employers must carefully distinguish between EU and non-EU posted workers to ensure appropriate immigration permissions are in place and avoid compliance risks.

Understanding Posted Worker Status for EU/EEA/Swiss Nationals

Employers should understand Ireland’s obligations for EU/EEA/Swiss nationals sent on temporary assignment, including notification requirements and recognition of professional qualifications.

No work permit or visa is required. Professional qualifications will be recognized; however, a written declaration is required for some professions.
Employers must notify the Workplace Relations Commission (WRC) on the day of (or in advance) using the official Declaration of Posting  form.
The notification must include assignment details, including nationality and hours worked, duration of posting, host location and contact information of a representative in Ireland.
To ensure the posted worker remains covered under the home country’s social security system during their assignment in Ireland, the employer must obtain a Portable Document A1 (PD A1 form) from the social security authority in the sending country and formally notify the relevant authorities in Ireland.

Understanding Posted Worker Status for Non-EEA Nationals Posted from within the EU

Navigating compliance for non-EEA nationals posted from within the EU presents some of the most complex challenges under Irish immigration law. Although EU legislation generally supports the free movement of services, Ireland may still require third-country nationals to obtain a valid Irish employment permit, even when they are lawfully employed in another EU member state.

Key Considerations for Non-EEA Nationals

No ‘EU-Wide’ Work Permission

Having a work permit in another EU country does not automatically entitle a third-country national to work in Ireland. Ireland has not opted into the Blue Card or ICT Directives. However, there may be scope to utilize a Van der Elst option.

The Van der Elst allows a non-EEA national who is legally resident and employed by a company in the EU country to provide services on a temporary basis to a company in another EU country. The services are provided on behalf of the employer without the need to obtain a further work permit, but a Van der Elst visa must be obtained in advance of traveling to Ireland.

Employment Permit Required

In certain cases, an employment permit will be required. The most applicable permit is typically the Intra-Company Transfer (ICT) Permit or the Contract for Services Employment Permit, depending on the contractual arrangement.

Labour Market Needs Test: May be required for certain roles unless exempted.
Atypical Working Scheme: Can be an option for short stays under 90 days, subject to eligibility.
A 14-day work exemption: Which can be obtained by applying for a business visa (confusingly business visas do not permit employment in Ireland save for this one 14-day period exemption).
Processing Time: Employers must factor in the processing times for permits (typically four to eight weeks plus entry visas for visa-required nationals).

Employer Obligations for Posted Workers in Ireland

Whether employing EU or non-EU posted workers, Irish-based companies and sending employers have shared responsibilities. Key obligations include:

Notification to the WRC

Must be submitted on the day of, or in advance of posting.
Includes details of work, wages, duration and contact person.
Failure to notify can lead to inspection and penalties.

Record Keeping

Employers must maintain records accessible in Ireland for inspection, including:

Employment contracts in home country.
Payslips.
Time sheets.
Proof of wage payments.

These must be in English and kept for up to three years after the posting ends.

Equality and Non-Discrimination

Employers must provide posted workers with equal treatment in terms of pay and working conditions. Employers must ensure that posted workers are not disadvantaged compared to local staff performing similar duties.

Risks of Non-Compliance

Failure to comply with posted worker regulations can lead to:

Administrative fines.
Reputational damage.
Delays in project implementation.
Increased scrutiny from immigration and labor authorities (the WRC).

Companies with posting arrangements should seek immigration and compliance advice.

Failure to submit a Form of Declaration is a criminal offence. Courts can impose a fine of up to €5,000 upon summary conviction. Directors, managers or secretaries may face personal liability if they consent to, connive in or neglect actions that result in the offence.

The Regulations allow for the enforcement of cross border financial administrative penalties and fines incurred in another EU country.

Best Practices for Posted Worker Employers

To help HR teams stay ahead of compliance challenges, Aaron Flynn, Director of Ireland Immigration Services at Envoy Global, shares the following best practices for managing posted worker assignments effectively.

Map Your Workforce: Understand where workers come from and whether they need employment permits and/or visas/Van Der Elst and a Posted Worker Notification.
Plan Early: Account for permit processing times and possible documentation issues.
Maintain Transparency: Keep clear records of employment terms, contracts and remuneration.
Train Line Managers: Ensure managers understand compliance obligations before assigning staff abroad.
Engage Advisors: When in doubt, seek professional legal or immigration guidance.

A Better Way to Navigate Irish Immigration Complexities

Managing posted workers in Ireland requires a proactive and informed HR strategy. From ensuring correct employment permits to fulfilling WRC obligations, employers must navigate a complex but essential compliance landscape. By aligning immigration and employment practices with Irish and EU law, companies can support agile workforce mobility while avoiding costly legal pitfalls.

At Envoy Global, we bring together smart, friendly legal teams and smart, friendly technology to make immigration easier for companies and the global talent they depend on.