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Legal guide to workers mobility in Europe

This guide aims to inform salaried workers, their employers, and self employed workers about their rights and obligations under French social security and labor law. The conditions of the worker’s mobility will determine which set of rules applies to their situation. 

It is indeed crucial to differentiate between local contracts, postings and multi-State employment since these disposals involve different setups. For each of them, the guide details the circumstances of a worker leaving France to work in another country compared side-by-side with those of a worker coming to France. We will also provide a brief overview of the rules of mobility outside Europe at the end of this guide. 

The provisions of labor and social security law regarding international mobility have the same goal : to provide a legal framework for employers and mobile workers both within the European domestic market and worldwide while considering everyone’s specific situation. 

However, cases may occur on which labor and social security law rules diverge. The main rule for mobile workers is to join the local social security scheme and abide by the mandatory minimum labor law rules of the State where they will be working. According to social security law, postings are an exception to this rule. For a limited period, a worker will be able to work in another State while remaining a member of their home State’s social security scheme provided that their situation meets the requirements appearing in this guide. 

According to labor law, a contract concluded with the employer binds the worker, but both of them have to follow a set of compulsory minimum labor law rules called " core set ", from which the contract cannot deviate. 

In Europe, simultaneous employment in at least two States comes under a specific rule known as multi-State employment when it comes to social security membership. It is also presented in this guide

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