EU ICT Workers Across Multiple EU Countries Do Not Require Posted Worker Notification

The situation

According to an informal document published by the European Commission following discussions with European Union countries’ representatives, the European Commission stated that when EU Intracompany Transferee (ICT) permit holders are working in EU country(ies) other than the one that issued their main EU ICT permit, their employers do not have to submit a Posted Worker notification in the subsequent EU country(ies) in which they work in addition to the requisite ICT notification/EU ICT mobile permit application.

Impact

Although in practice, many countries require a Posted Worker notification for intra-EU mobility for EU ICTs, this can now be challenged.

Not needing to submit a separate government notification would significantly reduce the administrative burden for companies sending EU ICT foreign workers to multiple EU countries.

Background

• EU ICT Directive. In 2014, the European Union adopted a Directive to harmonize EU Member States’ immigration rules for non-European Economic Area ICT managers, specialists and graduate trainees and to facilitate their temporary employment both into and within the European Union. This Directive applies in all EU countries except the United Kingdom, Ireland and Denmark.
• Intra-EU work. In addition to permitting work in the EU state that initially grants the permit, the EU ICT Permit allows a transferee to work for entities of the same multinational group in other EU Member States. For such intra-EU work, a Member State may require an EU ICT government notification or a separate EU ICT Mobile Permit application.

Looking ahead

Fragomen will use its government relations in EU countries to monitor this process to enable clients to benefit from this as soon as possible.

Fragomen can support clients to plan an immigration strategy across Europe.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].