At an European level, the legal frame of regulation regarding the institution of posting is represented by the European Parliament and Council Directive 96/71/CE of December 16 th 1996 regarding the posting of workers in the framework of the provision of services.

Every country has established a connection office which is meant to provide information on the terms and conditions of every work appointment applicable to the  posted workers in a specific Member State.

In  Romania,  the Directive 96/71/CE has been transposed in Law  no. 344 from July 19th 2006 regarding te posting of workers in the framework of the cross-border provision of services.

The time when the worker is posted must not surpass twelve months (it can be extended by another twelve months). During this entire period a direct work connection between the empolyer and the posted worker must exist.

A company can decide the posting of a worker, in its name or under its supervision, on the teritory of a Member State, regarding an agreement concluded between the company that performs the posting and the company that benefits from the services who carries on its activity in that specific Member State, if there is a work relation between the company that performs the posting and the worker during the posting.

Also, the posting of a worker can be carried out on the teritory of a Member State at a unity or a company that are part of the same group, if there is a work relation between the company that performs the posting and the worker during the posting or in case a posting is a carried  out from a company that has temporary hiring to a incorporated benficiary company or that performs its activity on the teritory of a Member State, if a work relation between the temporary hiring company or the company that disposed of the worker and the worker during the posting. 

The posting can’t be applied in case the company where the worker has been posted offers the worker to another company form another Member State. We encounter the same situation in case of the worker who’s recruited in a Member State in order to be sent from a  company situated in a second Member State to a company from a third Member State.
The reasons that require the exclusion of the applicability are clear: the complexity of the forced relations in these situations and the lack of a warranty of the existence of a direct relation between the worker and the company that performed the posting interfere obviously with the objective - to avoid the administrative complications and the fragmenting of the existent insurance history- which is the reason to be of the provisions that regulate the posting.

The companies that post workers in Romania have the obligation to transmit a communication regarding the posting of the workers, in Romanian, to the local labor inspectorate where the labor will be performed, with at least 5 days before the initiation of the activity of te workers posted to Romania, but never later than the first day of work.

In case the company posts a foreign woker who isn’t a citizen of an E.U. member State or of the European Economical Space, he will fill in a statement, according to which that specific worker fulfills the legal work conditions from that specific member State of the European Union. 

This stament will be sent, in Romanian, to the local labor inspectorate where the labor will be performed, with at least 5 days before the initiation of the activity of the worker who is a citizen of a state that isn’t a member of the European Union or the European Economic Space, posted in Romania.

Article 3(1) of the Directive regarding the posting of workers provides that the Member States of the European Union must make sure that the companies grant to the posted workers the work conditions and appointments established in the state where the work is executed. The maximal work periods and the minimal rest periods are mentioned, the minimal time of paid vacations; the minimal wage (according to the national law) including overtime: the conditions regarding the provision of workers, especially the provision of workers by the companies that have temporary work hiring; work health, safety,security and hygiene; the protection measures applicable to the terms and hiring conditions of pregnant women or of women who recently have given birth, to children and teenagers; equal rights for men and women and other provision regarding the non-discrimination.

The Directive allows the Member states to extend this core to all the collective work agreement that have been declaired universally valid. Besides that, the Member States have the liberty to apply different hiring terms and conditions, if they are coonected with the public policy.