Cross-border care work in the EU: know your rights and obligations

Search for verified employers and jobs abroad on the EURES portal. To become a posted worker, you must first find a job in your current country: use national employment services or job search portals.

EURES Advisers can provide tailored advice and job placement support. Recruitment agencies can also match you with employers. Temporary work agencies from your or another country can employ you and then hire you out to work in care. If you want to work as a self-employed carer, placement agencies or platforms can match you with households.

Whichever route you choose, verify the provider through public records or an official website before engaging.

• Understand the different types of work arrangement - employee or self-employed - and what each means for your rights and obligations. Explore the different situations and what applies to each
• Check whether your profession is regulated in the host country and whether your qualifications need to be formally recognised
• Get all necessary information in writing, in a language you fully understand
• Research living costs in the area, calculate your expected take-home pay after contributions, taxes and expenses, and assess whether the offer covers your needs
• Be cautious of offers that seem too good to be true and never pay for job placement

Many professions in the long-term care sector are regulated. This means that you must meet specific requirements before you can practise. At EU level, there are rules on the recognition of professional qualifications subject to national procedures, including automatic recognition for certain professions, such as general care nurses.

Getting your qualifications recognised before starting work can help you:

• avoid delays and administrative problems;
• prevent underemployment;
• ensure your skills are used and correctly paid.

Before you start

• Ask for a written contract or written information about working conditions
• Check whether your qualification must be recognised to work in your profession
• Make sure you have sufficient command of the working language to understand your rights and obligations

During work

• Keep copies of important documents (contract, proof of payment, working time records)
• Ensure that all hours worked are declared
• If your tasks or hours differ from what was agreed, raise the issue with your employer or seek guidance from authorities or a trade union

• Undeclared work (no formal employment contract) or underdeclared work (part of the pay made 'under the table' and not registered)
• Unclear boundaries between working time and rest time, especially in home-based care
• Tasks going beyond what was agreed in the contract
• Working below your qualification level due to missing or delayed recognition

• Your legal employer is the sending company even when you work under the supervision of a company or household abroad
• Understand the relationship between you, your employer (the sending company) and the user of your services (a company or a household abroad where you provide long-term care) - and what each party is responsible for
• Ask for clarification if there is anything you are not sure of, such as who and how pays for accommodation

You must get all the basic elements of pay applicable in the country of work, except if those in the country from which you are posted are more favourable. Allowances for accommodation or travel are not part of your pay. Check the single posting website in the country of work to learn what the rules are or ask advice from the national liaison office for the posting of workers.

Language barrier could make it harder to understand all the information about the working conditions, or to seek assistance from the local institutions if something goes wrong: learn at least the basics, even if the job does not require so.

• Understand which country rules apply - employment conditions, income taxes and most social security rights fall under the country where you work; residence formalities and most other taxes fall under the country where you live
• Get an S1 form (former E106 form) from your health insurance authority in the country where you work. This form gives you the right to get healthcare in the country where you live
• Keep required documents available, declare taxes correctly and inform the relevant authorities of any change in your situation.

You may need to declare income in both the country where you work and your country of residence. The exact rules depend on bilateral tax agreements between the two countries. Check with the tax authority in each country or get professional advice before you start.

The S1 form (formerly E106) is issued by your health insurance authority in the country where you work. It entitles you to healthcare in the country where you live, under the same conditions as insured persons there. Request it as soon as you start working abroad.

• Request your A1 certificate before you start - without it you may be asked to pay contributions or fines in the host country
• Check the conditions to provide services in the host country
• Make sure both you and the client understand the agreed terms and responsibilities
• Make sure you understand where and how to declare income for tax purposes
• Plan realistic working conditions and avoid open-ended or always-on-duty arrangements

You may be required to pay social security contributions in the host country. You may also face penalties.

This depends on several factors, such as for how long in a year you provide services abroad. Get tax advice early and respect the rules.

Very long hours or being constantly available pose a risk. Remind the client about the agreed terms. If someone else - the agency that placed you with the household or a digital platform - defines your working hours or other aspects of your work, you may be in false self-employment. This means that you miss out on both your independence and the protection guaranteed to employees. If in doubt about your status, ask labour inspectorate's advice.

As a self-employed carer, you handle your clients' personal data directly. Failing to comply can lead to disputes and loss of trust.

• Check if the profession you want to practice in is regulated - if so, qualification recognition is required before you start
• Check the conditions for setting up a business in the host country
• Find out which social security contributions are compulsory and which are optional
• Understand where and how to declare your income for tax purposes
• Make sure your contract with the client is legally valid, realistic and clearly understood by both parties
• Verify that your working arrangements do not constitute false self-employment (see below)

As a self-employed carer, you set working conditions, including the scope and the cost of your services, directly with your client.

Make sure the terms are realistic and clearly defined. Open-ended or always-on arrangements are not in your best interest and may put you in a precarious position.

If an agency, digital platform or household controls your working hours, tasks or availability, you may be in a situation of false self-employment. This means you are working like an employee but without the legal protections employees are entitled to.

If you are unsure about your status, contact your national labour inspectorate.

• Qualifications and experience - Check the carer's training, skills and experience - ask for certificates, references and, if the role is regulated in your country, proof of qualification or licence
• Right to work - Verify the carer's right to work in your country - EU nationals can work freely; check with local authorities for others
• Equal treatment - Ensure same working conditions and general treatment you provide to nationals
• Health and safety awareness - Ensure the worker is informed of occupational health and safety rules
• Accommodation - If you provide housing, ensure adequate living conditions and clear written terms on costs and responsibilities

If the role is a regulated profession, the worker must have their qualifications formally recognised before they can legally perform the role. Contact the competent authority for that profession in your country to verify requirements and recognition procedures.

Hiring a non-EU national without valid work authorisation may result in administrative fines and criminal liability. Always verify the worker's legal right to work before signing any contract.

• You remain responsible as the employer throughout the posting - all employer obligations continue to apply.
• Check which working conditions apply in the host country, including on pay: consult the single posting website of the host EU country or ask a national liaison office for advice.
• Ensure posted workers receive treatment equal to workers employed directly by the user undertaking.
• If you provide accommodation, ensure adequate living conditions .
• Keep all required documents available and cooperate with inspections on request.

• Incorrect pay or working conditions: Applying home country rules when host country rules on pay, working time or leave must apply can lead to fines and back payments.
• Administrative noncompliance: Failing to submit required posting declarations, appoint a contact person, or keep documents available can result in sanctions.
• Health and safety failures: Not applying host country health and safety rules in long-term care can lead to serious liability.
• Social security errors: Incorrect use or absence of A1 certificates can result in double contributions or retroactive claims.
• Blurred responsibilities with the user undertaking or care recipient: Lack of clarity on who gives instructions exposes workers to uncertainty about their status.

• For posting declarations and host country rules, pay and working condition requirements in the host country: consult the single posting website of the host EU country (Posted workers in the EU: guidelines & social security rules - Your Europe) or contact the national liaison office for posting of workers (Posted workers in the EU: guidelines & social security rules - Your Europe).
• For the PD A1 document: contact the social security institution in the country where your workers are insured (https://ec.europa.eu/social/social-security-directory/pai/select-country/language/en Public Access Interface).
• For checking requirements to provide services, get in touch with the assistance service in the host country (Points of Single Contact - Internal Market, Industry, Entrepreneurship and SMEs).

• Know the status of the sending entity: is it a long-term care company or a staffing agency? This affects the rules you must follow.
• If engaging agency workers, your rights and responsibilities are broader - make sure you understand what applies before the assignment starts.
• Ensure posted workers receive the same treatment as your directly hired employees
• If you offer accommodation, make sure it is adequate.
• For posted live-in carers, ensure the household respects worker's privacy and the boundaries between working time and personal life.

The sending company is responsible for getting PD A1- not you. However, as the user undertaking, you should verify that posted workers carry a valid PD A1 before the assignment begins.

As the user undertaking, you are responsible in practice for health and safety at your workplace - this includes ensuring that your country occupational health and safety rules are applied, even for posted workers. Failing to do so can lead to serious liability, including in the event of a work-related accident.

If your organisation goes beyond day-to-day instructions, you are going against the service contracts and stepping into the sending company's territory. You should control and direct the work of posted agency workers, not all posted workers. Ensure the division of responsibilities with the sending company is clearly defined in the contract and fully respected.

Yes - giving incorrect or incomplete information to the sending company about working conditions, pay or applicable host country rules may deprive posted workers of their rights. This can result in liability, fines and back-payment for the sending company. You also risk reputational damage and, potentially, other consequences for your organisation.

Make sure you:

• Check the carer's training, skills and experience - ask for certificates, references and, if the role is regulated in your country, proof of qualification or licence
• Verify the carer's right to work in your country - EU nationals can work freely; check with local authorities for others
• Ensure the employment contract covers all required elements, including termination conditions and check if a collective agreement applies
• Check minimum wage laws and typical pay rates in your area: a high turnover of carers is likely not your goal.
• If you offer accommodation, ensure adequate living conditions and respect the carer's privacy

• Undeclared or underdeclared work: a lack of declared employment contract (undeclared work) or a mix of declared wage payment plus additional 'under-the-table' payment (underdeclared work) expose you to fines.
• Unpaid overtime: not registering working hours or ignoring rest periods, especially in live-in arrangements, exposes you to claims for Back payments.
• Immigration violations: hiring non-EU nationals without valid work authorisation can result in fines and criminal liability.

The total cost of employment goes beyond the salary. As an employer you must also budget for, for example:

• social security contributions,
• paid leave,
• sick leave,
• any required equipment and
• training and occupational safety costs.

Underestimating these costs can lead to financial strain and, if obligations are not met, legal violations.

You are responsible for the working environment of your carer: a safe workspace, adequate equipment and conditions that do not put their health at risk. If an accident happens at work, you may be held liable.

Sudden termination can leave a person in need without care. A well-drafted contract with clear termination conditions gives you legal protection and a notice period to find a replacement. Paying a fair wage in line with local rates also reduces the risk of the carer leaving - a high turnover is in nobody's interest.

Make sure you:

• Verify the provider is legitimate: use only trustworthy and legally operating service providers, including if using a platform
• Enter into a contract carefully: understand the terms of the services to be provided, what is included and who is responsible for what
• Confirm the carer's skills match the needs of the person they will take care of, including the language skills
• Pay only against invoices or agreed billing arrangements; keep records
• Respect the boundaries between carer's working hours and personal time

If you treat a self-employed carer as an employee - direct their working hours, tasks or daily work organisation - you may be treated as an employer under national law, even if you signed a service contract. This would make you responsible for social security contributions, taxes and employment obligations.

If you are using the services of an individual carer, make sure they are working legally. A self-employed carer will provide their business or trade licence. Engaging someone who works undeclared may expose you to various risks.

You have the right to complain or terminate the contract if the provider does not fulfil their obligations. Make sure the contract includes clear termination conditions and a complaints procedure.

While you are not responsible for day-to-day organisation of work or occupational safety and health, you should ensure a safe and respectful environment for service provision. For live-in arrangements, this includes the living space and carer’s privacy and respecting the boundaries between the carer's working hours and personal time.

• You facilitate employment: you do not create it
• Workers often rely heavily on your information
• Cross-border hiring increases legal complexity: it is even more pronounced in sensitive sectors like long-term care
• Ethical recruitment strengthens trust and reputation
• Clear information prevents disputes

• Reputational damage from misleading offers
• Involvement in unlawful or exploitative practices
• Worker complaints based on expectations you helped create
• Data protection breaches
• Loss of trust from employers and workers

• Clear guidance protects carers, households and you
• Independence must exist in practice, not only on paper
• Control over work is not compatible with self-employment
• Respect data protection rules
• Be transparent around your services and related fees

Business models that involve or facilitate false self-employment. They may lead to:

• Liability for social security, taxes and other employer's obligations
• Disputes between carers and households due to unclear contracts
• Reputational damage and loss of trust

• Qualifications and experience: Check the worker's training, skills and experience - ask for certificates, references and, if the role is regulated in your country, proof of qualification or licence.
• Right to work: Verify the worker's right to work in your country - EU nationals can work freely; check with local authorities for others.
• Equal treatment: Ensure same working and hiring-out conditions you provide to nationals.
• Health and safety awareness: Ensure the worker is informed of occupational health and safety rules; the user undertaking implements them in practice.
• Accommodation: If you provide housing, ensure adequate living conditions and clear written terms on costs and responsibilities.

If the role is a regulated profession, the worker must have their qualifications formally recognised before they can legally perform the role. Contact the competent authority for that profession in your country to verify requirements and recognition procedures.

Hiring a non-EU national without valid work authorisation may result in administrative fines and criminal liability. Always verify the worker's legal right to work before signing any contract.

• You remain the employer, even though the user undertaking directs daily work
• Equal treatment depends on accurate information from the user undertaking (for example on pay and working time)
• Health and safety responsibilities are shared and complementary
• If accommodation is provided, standards and costs must be clear
• Keep required documents available and cooperate with inspections

• Unequal treatment: failing to ensure equal treatment or correct pay can lead to back payments or penalties.
• Health and safety failures: not applying health and safety rules in long-term care can lead to serious liability.
• Social security errors: incorrect use or absence of A1 certificates can result in double contributions or retroactive claims.
• Blurred roles of the employer, the user undertaking or care recipient: lack of clarity on who gives instructions exposes workers to uncertainty about their status.
• Administrative non-compliance: rules vary across countries and areas of law. Get informed or seek advice before the posting begins.