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Posting employees in the EU: the main changes and their impact on Romanian employers
New European social security rules are expected to change the conditions for posting employees to other Member States, from prior notification and stricter checks of A1 certificates to new requirements for consecutive postings. For Romanian companies, the impact will mainly be administrative, and it will become even more important to properly plan postings, prepare the necessary documents and comply with the conditions for obtaining the A1 certificate. Temporary. The changes will be relevant for sectors such as construction, industry, certain types of services, including professional, scientific, technical, administrative and support activities, as well as temporary work, according to TPA Romania specialists. TPA Romania is a leading company in Central and Eastern Europe, specialising in accounting, tax, financial audit and legal advisory services.
The new rules for posted workers and people working in two or more Member States are part of the European reform of the coordination of social security systems. The reform was adopted at first reading by the European Parliament in July 2026 and is expected to be formally approved by the Council of the European Union in September 2026, after almost ten years of negotiations. It covers several areas, including unemployment benefits, long-term care, family benefits and access to certain social benefits for economically inactive people. It also introduces new mechanisms for administrative cooperation and the exchange of information between national authorities.
Prior notification and stricter rules for the A1 certificate
Currently, around 16 million Europeans live or work in another EU country, and the new rules are intended to clarify which social security legislation applies in cases of cross-border mobility. For companies posting employees to other Member States, the main changes focus on making the procedures for prior notification and the A1 certificate clearer and more consistent. These measures are intended to clarify the applicable social security legislation and provide greater legal certainty for employers and employees.
“The basic principle of posting remains unchanged: the employee may continue to be covered by the social security system of the home country during the posting. However, the reform introduces stricter conditions and procedures to ensure that this system is used only where there is a genuine connection between the worker, the employer and the home country. At present, there are no official estimates regarding the number of Romanian companies that will be affected by the new rules. From the perspective of the economic sectors involved, construction plays a central role in the posting of workers. The rules pay particular attention to this sector because of the large number of posted workers and A1 certificates issued, as well as the higher risks of fraud, irregularities, abusive practices and workplace accidents connected with these activities,” explains Natalia Ștefaniță, lawyer at TPA Romania.
For very short trips, the new rules introduce a simpler procedure: activities lasting no more than three consecutive days within a 30-day period will be exempt from prior notification and from the requirement to obtain an A1 certificate. However, this exception will not apply in the construction sector because of the higher risks of fraud and misuse. The obligation to submit a notification and request the certificate will also not apply to business trips, which are expressly defined by the new rules.
New conditions for posting and consecutive periods
Another important change concerns employees who are recruited specifically to be posted. Before the posting, they must have been insured under the social security system of the country where the employer is established for at least three months. The purpose of this measure is to strengthen the genuine connection between the worker and the country whose social security system continues to apply during the posting.
The new rules also cover consecutive postings. After a 24-month posting period ends, the same person may only be posted again to the same Member State after a break of at least two months. The aim is to limit the repeated use of postings for activities that are, in reality, permanent, according to TPA Romania specialists.
At the same time, the reform clarifies the procedures for issuing, checking and withdrawing A1 certificates. The authorities will be able to request additional information and documents if there are doubts about the validity of a certificate or the accuracy of the information on which it was issued. If errors are found, the document may be corrected or withdrawn, including retroactively. According to TPA Romania specialists, these measures are intended to reduce fraud and errors and improve cooperation between national authorities.
Construction, the sector with the highest number of postings
According to the report on A1 certificates issued in 2024, prepared for the European Commission and representing the latest official source currently available, around 5.6 million A1 certificates were issued across the European Union, the European Economic Area, Switzerland and the United Kingdom. Of these, around 3.6 million were issued for posted workers and 1.7 million for people working in two or more Member States.
In Romania, 48,198 A1 certificates were issued in 2024, approximately 46% fewer than in the previous year, when 89,858 certificates were issued. Of these, 22,607 were issued for posted workers and 24,570 for people working in two or more Member States. The number of A1 certificates does not directly represent the number of people involved, as one worker may receive several certificates during the same year.
Construction is the main sector for postings from Romania, with 65.9% of the A1 certificates issued for postings in 2024 relating to construction activities. This was the highest percentage reported in the region. Other important categories were professional, scientific, technical, administrative and support activities, which accounted for 19.9%, and temporary employment agencies, which accounted for 12.1%.
More attention to procedures and documentation
“In practice, posting employees already involves a complex administrative process, and the new rules will introduce additional requirements and stricter checks. Employers will need to pay close attention to the formalities that must be completed before a posting, including submitting the notification and obtaining the A1 certificate. The authorities will also be able to request additional information and documents where there are uncertainties. Companies should therefore review their procedures in advance, particularly when dealing with newly recruited employees and consecutive postings to the same Member State. If there are errors or inaccurate information, the A1 certificate may be corrected or withdrawn, including retroactively. This increases the risk of non-compliance and may create uncertainty regarding the social security legislation applicable during the relevant period,” says Alexandra Cohuțiu, lawyer at TPA Romania.
The new rules may also have practical effects on how companies plan their postings. For example, if an employee is posted consecutively to the same Member State, after a 24-month period there must be a break of at least two months before a new posting to the same country. For companies that recruit employees specifically for posting, the new requirement for prior coverage under the social security system of the home country for at least three months may also affect the timing of postings and workforce planning.
“The requirement for people recruited specifically for posting to have been covered by the social security system of the home country for at least three months is one of the most important changes introduced by the reform, as it directly affects whether these people are eligible to benefit from the posting system. At the same time, the measure is intended to strengthen the genuine connection between the employee and the country whose social security system continues to apply during the posting,” explains Natalia Ștefaniță.
When will the new rules apply?
The European Parliament adopted its position at first reading on the reform in July 2026, and formal approval by the Council of the European Union is expected in September 2026. The Regulation will enter into force after it is published in the Official Journal of the European Union. However, most of the relevant changes concerning postings, including the minimum period of social security coverage, consecutive postings, prior notification and the procedure for issuing the A1 certificate, will apply after a transitional period of 24 months.
“For certain procedural matters, such as the format and content of the A1 certificate and the procedures for issuing, correcting or withdrawing it, implementing acts will need to be adopted at EU level. However, the main changes are already clear, which is why companies that regularly use cross-border postings should start reviewing their procedures in advance and identify the situations that may be affected by the new requirements,” concludes Alexandra Cohuțiu.
