The following criteria must be met when posting self-employed individuals:
- The self-employed person conducts significant activities in the territory of the Member State in which they are established.
- The self-employed activity must have been carried out for a certain period prior to the intended posting.
- The entrepreneurial structure in the home country remains in place during the posting.
- According to Regulation (EC) No 883/2004, the Withdrawal Agreement, or the Trade and Cooperation Agreement, the self-employed person must engage in a similar activity in the Member State to which they are posted, as in the state in which they are established.
Duration of Posting
Regulation (EC) No 883/2004 allows for a maximum posting duration of 24 months.
Example:
An individual runs a carpentry business in Austria and takes on a carpentry job in the Czech Republic for eleven months. In which Member State is the person insured during these eleven months?
Solution:
Self-employed activity is usually carried out in: Austria
Similar activity in another Member State: Yes
Applicable legal provisions: Austria
Example:
An owner of a plumbing business in Slovenia works for twelve months with a plumber in Austria. Which legal provisions apply to this person?
Solution:
Self-employed activity is usually carried out in: Slovenia
Similar activity in another Member State: Yes
Applicable legal provisions: Slovenia