POSTED WORKERS IN ROMANIA: KEY OBLIGATIONS FOR COMPANIES TEMPORARILY POSTING EMPLOYEES

In recent years, Romania has become an increasingly relevant destination for European companies posting workers to the country to carry out international projects, provide cross-border services to Romanian clients, or coordinate operations between different entities within the same corporate group. Romania’s full accession to the Schengen Area, effective as of January 2025, has provided an additional boost to intra-EU worker mobility and the country’s economic integration within the European Single Market.

The free movement of workers within the European Union is one of the key tools supporting business activities across the EU. However, the legal framework governing the temporary posting of employees between Member States is becoming increasingly strict and demanding. Since each Member State has transposed the EU Posted Workers Directive into its own national legislation, it is essential to continuously monitor regulatory developments in order to remain compliant with the specific requirements applicable in each country.

In Romania, the regulations governing the temporary posting of workers are primarily contained in Law No. 172/2020, which establishes a number of obligations that foreign companies must comply with when posting employees to the country within the framework of a cross-border provision of services.

It is worth noting that the Romanian labour authorities (Inspectoratul Teritorial de Muncă – ITM) have significantly intensified inspections, particularly on construction sites and projects involving a high concentration of foreign workers. Furthermore, inspections are especially frequent in certain sectors considered sensitive by the Romanian authorities.

For this reason, in order to avoid financial penalties, operational disruptions, or interruptions to business activities in Romania, it is highly advisable to properly plan the project in advance and ensure compliance with all obligations established under Romanian posted workers legislation.

 

Main Obligations for Companies Posting Workers to Romania

Companies posting workers temporarily to Romania must ensure compliance, throughout the entire duration of the assignment, with certain employment conditions established under Romanian legislation.

Among other obligations, companies should assess and, where necessary, adapt to:

  • The minimum salary conditions applicable in Romania;
  • Any Romanian collective bargaining agreements that may apply depending on the sector of activity and the location where the services are performed;
  • Regulations concerning working time, rest periods, and overtime;
  • Administrative formalities and mandatory notifications to the Romanian labour authorities, including the prior notification of the posting to the ITM.

In this regard, a preliminary assessment of the project in Romania is particularly important, as it allows companies to correctly identify the nature of the activities to be carried out in the country and determine the specific obligations applicable based on the characteristics of the posting and the sector involved.

 

Are You Planning to Post Workers to Romania?

At Feliu N&I, we assist both domestic and international companies in the planning and comprehensive management of temporary worker postings within the European Union.

We have extensive experience advising companies wishing to provide services temporarily in Romania and collaborate with specialised local partners who manage the administrative procedures related to the international posting of workers to Romania.

Our multidisciplinary team, specialised in international mobility, corporate immigration, and international employment law, supports companies throughout every stage of the process, including:

  • Preliminary feasibility assessment;
  • Review of applicable labour obligations in Romania;
  • Immigration planning;
  • Document preparation and administrative compliance;
  • Analysis of local collective bargaining agreements;
  • Assessment of tax and social security risks;
  • Assistance with administrative procedures related to the international posting of workers.

In addition, we continuously monitor legislative developments and regulatory changes affecting international workforce mobility, enabling companies to operate with greater legal certainty and minimise risks during the execution of international projects.

For further information regarding temporary postings of workers to Romania and posted workers compliance obligations, our team remains at your disposal.

www.feliu.biz | www.expatfeliu.com

POSTED WORKERS IN PORTUGAL: KEY OBLIGATIONS FOR COMPANIES TEMPORARILY POSTING EMPLOYEES

Portugal has become an attractive destination for many international companies, particularly Spanish businesses, that temporarily post employees to the country to carry out international projects, provide cross-border services to local clients, or coordinate operations between different entities of the same corporate group established in Portugal.

Within the European Union, the temporary posting of workers is one of the main mechanisms facilitating cross-border business activities. However, the legal framework governing intra-EU postings has become increasingly stringent, with each Member State implementing the European Posted Workers Directive into its national legislation.

In Portugal, Decree-Law No. 101-E/2020 establishes the legal framework applicable to posted workers, setting out specific obligations for all European companies temporarily posting employees to the country.

In recent years, the Portuguese labour authorities have strengthened their inspection and enforcement activities, particularly on construction sites and projects involving foreign companies. In this context, companies are strongly advised to plan their projects carefully before commencement to ensure full compliance with Portuguese legislation and avoid potential penalties or disruptions to business operations.

 

Key Obligations for Companies Posting Workers to Portugal

Companies posting employees temporarily to Portugal must ensure that, throughout the duration of the assignment, the workers benefit from certain employment conditions required under Portuguese law.

Among other obligations, employers should assess and, where necessary, comply with:

  • The minimum salary conditions generally applicable in Portugal;
  • Any collective bargaining agreements that may apply depending on the activity carried out in the country;
  • Working time and rest period requirements;
  • Rules relating to paid annual leave, equal treatment, and occupational health and safety;
  • Administrative formalities and mandatory notifications to the competent Portuguese labour authorities.

A preliminary assessment of the posting project is particularly important, as it allows companies to accurately determine the activities to be performed by the employees in Portugal and assess whether any specific exemptions from the general obligations under the Portuguese posted workers legislation may apply.

 

Planning to Post Workers to Portugal? We Can Help

At Feliu N&I, we support both national and international companies in the planning and comprehensive management of temporary employee postings throughout the European Union.

We also have extensive experience advising companies seeking to expand their operations into Portugal and work closely with trusted Portuguese partners who provide direct assistance with all procedures relating to the posting of foreign workers.

Our multidisciplinary team, specialised in international mobility, corporate immigration, and international employment law, provides advice throughout every stage of the process, including:

  • Preliminary feasibility assessments;
  • Review of employment law obligations applicable in Portugal;
  • Immigration planning;
  • Document preparation and administrative compliance;
  • Analysis of applicable collective bargaining agreements;
  • Assessment of tax and social security implications.

In addition, we closely monitor legislative developments and regulatory changes affecting international workforce mobility, enabling companies to operate with greater legal certainty while minimising risks during the implementation of international projects.

For further information on the temporary posting of workers to Portugal and the applicable posted workers requirements, our team will be pleased to assist you.

www.feliu.biz | www.expatfeliu.com

NEWS FOR ITALIAN CITIZENS LIVING ABROAD: SIMPLIFIED PROCEDURES AND KEY CHANGES IN 2026

The year 2026 brings important changes for Italian citizens living abroad and registered with the A.I.R.E. (Registry of Italians Residing Abroad – Anagrafe degli Italiani Residenti all’Estero). The new measures introduced by the Italian authorities aim to simplify certain administrative procedures and align Italian identity documents with current European standards.

 

Applying for the Electronic Identity Card (Carta d’Identità Elettronica – CIE)

The first major change stems from Law No. 11/2026, which introduces a significant simplification for Italian citizens residing abroad who wish to apply for or renew their identity document.

What changes from 1 June 2026?

As of 1 June 2026, Italian citizens registered with A.I.R.E. may apply for the issuance or renewal of their Electronic Identity Card (Carta d’Identità Elettronica – CIE) at any Italian municipality, without having to apply exclusively through the municipality listed in their A.I.R.E. registration or through the Italian Consulate responsible for their place of residence abroad.

This measure will allow Italian nationals to take advantage of temporary stays in Italy to obtain or renew their identity card more easily and conveniently, regardless of the municipality where they last resided in Italy.

Applicants will, however, continue to have the option of submitting their application through the competent Italian Consulate in their country of residence.

 

Paper Identity Cards No Longer Valid for International Travel

The second important change concerns Italian citizens who still hold a paper-format Identity Card (Carta d’Identità).

What changes from 3 August 2026?

As of 3 August 2026, Italian paper identity cards will no longer be valid for international identification purposes or for international travel. However, they will remain valid within Italy until the expiry date shown on the document.

This measure is intended to ensure compliance with the security standards established by European legislation governing identity documents.

For this reason, we recommend that all Italian citizens residing abroad who still hold a paper identity card arrange the issuance of an Electronic Identity Card (CIE) well in advance in order to avoid any inconvenience when travelling or dealing with administrative procedures.

 

Future Changes to Healthcare Access for Italians Living Outside the European Union

Another matter of particular interest concerns Italian citizens residing in non-EU countries and the ongoing review of access to the Italian National Health Service (Servizio Sanitario Nazionale – SSN).

At present, Italian citizens registered with A.I.R.E. and residing outside the European Union generally do not retain ordinary affiliation with the Italian public healthcare system, which limits their access to certain healthcare services during temporary stays in Italy.

The Italian authorities have announced plans to introduce a mechanism allowing Italian citizens living in non-EU countries to maintain or regain access to the National Health Service by paying an annual contribution, the amount of which has yet to be determined.

Although further clarification is still awaited regarding the practical implementation and eligibility requirements, this proposed reform could become a valuable option for Italian nationals who permanently reside outside the European Union and wish to maintain healthcare coverage in Italy.

 

Our Services

At Feliu N&I, we assist Italian citizens residing in Spain and other countries with procedures related to their status as Italian nationals living abroad.

Our multidisciplinary team, specialised in international mobility and corporate immigration, provides advice on, among other matters:

  • Registration with and updates to the A.I.R.E. Registry;
  • Consular documentation and administrative procedures;
  • Advice on the rights and obligations of Italians residing abroad;
  • Relocation services in Spain;
  • Assistance to Italian companies operating in Spain and with employee assignments;
  • Tax advice for Italian nationals living and working in Spain.

For further information about the changes introduced in 2026 or any matter relating to the residence of Italian citizens in Spain, our team will be pleased to assist you.

www.feliu.com | www.expatfeliu.com

 

EXTRAORDINARY REGULARISATION OF FOREIGN NATIONALS IN SPAIN 2026: DEADLINE UNTIL 30 JUNE TO APPLY FOR RESIDENCE AND WORK PERMIT

Royal Decree 316/2026, of 14 April, published in the Official State Gazette (BOE) on 15 April 2026, has launched the 2026 extraordinary regularisation process. For the first time in more than 20 years, hundreds of thousands of foreign nationals already living in Spain will be able to obtain a residence and work permit without having to meet the timeframes of the ordinary arraigo procedures. The deadline to submit applications is non-extendable: 30 June 2026.

For many people who have been living in Spain for months or years in an irregular administrative situation, this is a unique opportunity that is unlikely to be repeated in the short term. For companies that have or expect to have foreign workers on their payroll, it is also a relevant moment: the regularisation opens the door to bringing on board people who are already in the country but who until now could not work legally. Managing this process correctly, with all requirements met and documentation in order, is decisive for the application to succeed.

 

Who can benefit from the regularisation

The Royal Decree establishes two requirements to access the extraordinary regularisation process: being in Spain before 1 January 2026 and proving uninterrupted residence of at least five months at the time of application. Applicants must also have no criminal record and must not represent a threat to public order, public security or public health.

In addition to these general requirements, the applicant must be in one of the following situations: able to demonstrate an employment contract, or combination of contracts, with a duration exceeding 90 days per year; having minor children in Spain, dependent adult children in their care, or living with their parents; having submitted an international protection application before 1 January 2026; or being in a situation of particular vulnerability.

It will also be necessary to have no criminal record either in Spain or, where applicable, in the country of origin or previous residence, and to have no residence or stay application currently being processed, except for arraigo applications submitted before the Regulations approved in 2025.

 

What the regularisation means in practice

The effects of the authorisation are immediate and far-reaching. Those who meet the requirements will be able to obtain a residence and work authorisation, as well as access to the Social Security system and the healthcare card of the territory in which they reside, with an initial validity of one year.

One of the most significant aspects of the process is that from the moment the start of the procedure is communicated, the applicant will be provisionally authorised to reside and work, whether as an employee or self-employed, until a resolution is issued, with a maximum processing time of three months. In other words, there is no need to wait for the final resolution to begin working legally.

The authorisation automatically enables the holder to work in any sector across the entire national territory. Simultaneous regularisation of minor children already in Spain is also permitted.

 

The deadlines: what cannot be left for later

Applications can be submitted electronically from 16 April 2026, and in person by prior appointment from 20 April. The deadline for submitting applications is 30 June 2026. This deadline is non-extendable. Once it closes, there will be no second opportunity within this extraordinary process.

The Administration has a maximum of three months from the date of entry into the competent body’s register to issue a resolution. Administrative silence is negative: if no resolution is issued within that period, the application is deemed rejected. This makes the quality of the submitted application decisive: there is no margin to complete documentation after submission.

 

Why managing this process with professional support matters

The extraordinary regularisation is a genuine opportunity, but it is also an administrative process with specific requirements, strict deadlines and direct consequences in the event of errors or omissions. The range of situations is wide: the type of situation of the applicant, the most appropriate access route, the documentation required in each case and the way of evidencing continuous residence all vary according to individual profiles.

At Expat Feliu, we have extensive experience managing regularization processes, residence permits, and work permits for individuals and companies throughout Spain. If you or someone you know is undocumented and meets the requirements of Royal Decree 316/2026, now is the time to act: the deadline is June 30th and no extensions will be granted.

Contact us to analyse your specific situation and manage your application with full legal guarantees.

www.feliu.biz | www.expatfeliu.com

POSTED WORKERS IN GERMANY: KEY OBLIGATIONS FOR COMPANIES TEMPORARILY ASSIGNING EMPLOYEES

Germany is an attractive destination for many international companies that assign employees to the country to carry out international projects, provide cross-border services to local clients, or coordinate operations between different entities of the same corporate group established in Germany.

In this context, the intra-EU mobility of workers is one of the main tools for promoting business activity across the European Union. However, the European legal framework governing the cross-border assignment of employees is becoming increasingly demanding, and each Member State has transposed the European regulations on posted workers into its own domestic legal system.

In Germany, the Posted Workers Act (Arbeitnehmer-Entsendegesetz, AEntG) sets out the legal framework governing posted workers and establishes specific obligations for all European companies wishing to temporarily assign employees to the country.

German labour authorities have strengthened their control and inspection mechanisms in recent years, particularly on construction sites where foreign companies provide services. Therefore, in order to avoid penalties or disruptions to business activities abroad, it is strongly recommended to carry out proper project planning before commencing activities in Germany, ensuring full compliance with the obligations imposed by German posted worker regulations.

 

Main Obligations for Companies Posting Workers to Germany

Companies temporarily assigning employees to Germany must ensure compliance, throughout the entire duration of the assignment, with certain employment conditions established under German law.

Among other obligations, companies must review and, where necessary, adapt to:

  • The minimum wage requirements generally applicable in Germany;
  • Collective bargaining agreements that may apply depending on the activity performed in the country;
  • Working time and rest period regulations;
  • Conditions relating to annual leave, equal treatment, and occupational health and safety;
  • Administrative formalities and mandatory notifications to the designated labour authorities.

A preliminary assessment of the posting project is particularly important, as it makes it possible to accurately determine the activities that employees will perform in Germany and assess whether any specific exemptions from the general obligations under German posted worker regulations may apply.

 

Specific Requirements by Business Sector

Where the activities carried out by the foreign company in Germany fall within sectors subject to additional requirements, such as the construction industry, a detailed analysis of the specific circumstances of the project will be necessary to determine whether sector-specific regulations apply.

A preliminary assessment will help determine whether the company is required to comply with the relevant sectoral obligations, which in certain cases may involve significant operational and logistical requirements. For this reason, strategic planning prior to the posting of employees is highly recommended in order to ensure compliance and avoid potential penalties from the competent authorities.

 

Planning to Post Workers to Germany? Our Support

At Feliu N&I, we assist national and international companies with the planning and comprehensive management of temporary employee assignments within the European Union.

We also have extensive experience advising companies in the construction sector wishing to provide professional services in Germany on a temporary basis, and we collaborate with German partners who are experts in managing any procedures related to the posting of foreign workers to Germany.

Our multidisciplinary team, specialised in international mobility, corporate immigration, and international employment law, supports companies throughout every stage of the process, including:

  • Preliminary feasibility assessments;
  • Review of applicable employment law obligations in Germany;
  • Immigration planning;
  • Document preparation and administrative compliance;
  • Collective bargaining agreement analysis;
  • Assessment of tax and social security risks.

In addition, we continuously monitor legislative developments and regulatory changes affecting international workforce mobility, enabling companies to operate with greater legal certainty and minimise risks during the execution of international projects.

For further information regarding temporary assignments of workers to Germany and posted worker compliance obligations, our team remains at your disposal.

www.feliu.biz | www.expatfeliu.com

 

POSTED WORKERS IN FRANCE: KEY OBLIGATIONS FOR COMPANIES TEMPORARILY ASSIGNING EMPLOYEES

The French economy attracts many European companies every year that assign employees to the country in order to carry out international projects, provide cross-border services to French clients, or coordinate operations between different entities of the same corporate group established in France.

The intra-EU mobility of workers is one of the main tools for developing business activities within the European Union. However, the legal framework governing the cross-border assignment of personnel is becoming increasingly strict and demanding. Each Member State has transposed the provisions of the EU Posted Workers Directive into its domestic legislation, making it essential to continuously monitor regulatory developments and updates in each country.

In France, the regulations governing the temporary posting of workers are set out in the Code du Travail (French Labour Code), which establishes numerous obligations that must be respected by all foreign companies wishing to assign employees to France within the framework of a cross-border provision of services.

It should be noted that the French labour authorities (Inspection du Travail) have significantly intensified inspections in recent years, implementing increasingly strict monitoring mechanisms and automated control systems, particularly on construction sites and projects where there is a high concentration of foreign workers. In addition, inspections are especially frequent in sectors considered sensitive by the French authorities, such as the construction industry.

For this reason, and in order to avoid financial penalties, operational disruptions, or interruptions to business activities in France, it is highly advisable to carry out proper project planning in advance, ensuring compliance with all obligations established under French posted worker regulations.

 

Main Obligations for Companies Posting Workers to France

Companies temporarily assigning employees to France must ensure compliance, throughout the entire duration of the assignment, with certain employment conditions established under French labour law.

Among other obligations, companies must analyse and, where necessary, adapt to:

  • The minimum wage requirements applicable in France;
  • French collective bargaining agreements that may apply depending on the sector of activity and the location where services are performed;
  • Working time regulations, rest periods, and overtime requirements;
  • Administrative formalities and mandatory notifications to the French labour authorities, including the prior posting declaration through the SIPSI portal.

In this regard, a preliminary assessment of the project in France is particularly important, as it allows companies to accurately identify the nature of the activities to be carried out in the country and assess the specific obligations that will apply depending on the characteristics of the assignment and the sector involved.

 

Specific Requirements Depending on the Sector of Activity

Where the activities carried out by the foreign company in France fall within sectors subject to additional obligations, such as the construction industry, a detailed analysis of the specific circumstances of the project will be necessary to determine whether sector-specific regulations apply.

Therefore, it is strongly recommended to undertake strategic planning before posting workers to France in order to ensure full compliance with applicable regulations and minimise operational and sanction-related risks during the execution of the project.

 

Planning to Post Workers to France? Our Support

At Feliu N&I, we assist national and international companies in the planning and comprehensive management of temporary employee assignments within the European Union.

We have extensive experience providing strategic advice to companies wishing to temporarily provide professional services in France, and we collaborate with local partners specialised in managing procedures related to the international posting of workers to France.

Our multidisciplinary team, specialised in international mobility, corporate immigration, and international employment law, supports companies throughout every stage of the process, including:

  • Preliminary feasibility assessments;
  • Review of applicable employment law obligations in France;
  • Immigration planning;
  • Document preparation and administrative compliance;
  • Analysis of French collective bargaining agreements;
  • Assessment of tax and social security risks;
  • Assistance with administrative procedures related to the international posting of workers.

In addition, we continuously monitor legislative developments and regulatory changes affecting international workforce mobility, enabling companies to operate with greater legal certainty and minimise risks during the execution of international projects.

For further information regarding temporary assignments of workers to France and posted worker compliance obligations, our team remains at your disposal.

www.feliu.biz | www.expatfeliu.com

INTERNATIONAL DRIVING PERMIT: WHAT YOU SHOULD KNOW BEFORE YOUR NEXT TRIP

With the arrival of summer, millions of people are planning their holidays outside Europe. Road trips across the United States, renting a car in Thailand, driving through the roads of southern Morocco, or exploring Australia behind the wheel are experiences on many travelers’ bucket lists. What is often missing from that list is the document that makes it possible to drive legally in all those destinations.

The International Driving Permit (IDP) is just as essential for holiday travelers as it is for professionals in international mobility who need to travel in their destination country for work. In both cases, the consequences of not having it can be the same: being denied a rental vehicle at the airport, receiving fines from local authorities, or facing complications that ruin the start of a long-awaited trip.

The period of highest demand for this procedure coincides precisely with the months leading up to summer. Applying for it in advance is what makes the difference between arriving at your destination with everything in order or facing unnecessary problems.

 

What it is and what it is for

The International Driving Permit is a temporary document valid for one year and non-renewable. It allows Spanish drivers to legally drive a vehicle in countries outside the European Union, the European Economic Area, or countries that have bilateral circulation and transport agreements with Spain. It does not replace the national driving licence: it must always be presented together with the original valid Spanish driving licence.

Its validity is recognized in countries that have signed the 1949 Geneva Convention or the 1968 Vienna Convention, covering virtually all common travel destinations outside Europe, whether for tourism or professional travel.

 

The destinations where it is most needed

Among the countries where it is most commonly required or recommended to drive or rent a vehicle are the United States, Canada, Japan, Thailand, Australia, Morocco, Egypt, Turkey, the Dominican Republic, and the United Arab Emirates. Requirements vary depending on the destination: in some countries it is a formal requirement to rent a vehicle; in others, regulations differ by state or region; and in others, local authorities may request it even if it is technically not mandatory.

Spain’s General Directorate of Traffic (DGT) itself recommends always traveling with the International Driving Permit when driving outside the EU and EEA, even in countries that have bilateral agreements with Spain, in order to avoid complications. One specific case that surprises many travelers is Japan: although there is a bilateral treaty with Spain, reciprocal recognition of national driving licences is not included, making the International Driving Permit mandatory.

The practical conclusion is clear: if you are going to drive outside the European Union, applying for the International Driving Permit before traveling is the safest decision, regardless of your destination or the reason for your trip.

 

Validity and important considerations

The International Driving Permit is valid for one year and cannot be renewed. Since it is a temporary permit, anyone changing their residence to another country should seek information locally on how to exchange or register their licence according to the rules of the new country.

For professionals in international mobility relocating to a country outside the EU, this is particularly relevant: the Spanish International Driving Permit is not a permanent solution. Managing the driving licence in the destination country is one of the formalities that should ideally be resolved within the first weeks of the new stage abroad, although it is often postponed until an urgent need arises.

Another point worth anticipating for both holiday travel and professional assignments: if the Spanish driving licence expires while staying in a non-EU country, renewal must be requested through the nearest Spanish consulate.

 

The procedure: simple if handled in advance

The fee for the International Driving Permit is minimal, but what usually creates complications is leaving the process until the last minute. Gathering the correct documentation, verifying the requirements according to the applicant’s profile, and ensuring everything is in order before the travel date requires a process that should be started well in advance.

In the case of foreign workers residing in Spain, the required documentation also includes a residence permit or equivalent documentation, adding an additional verification step.

As members of the Official Association of Administrative Managers (Col·legi Oficial de Gestors Administratius), at Feliu N&I we process International Driving Permits quickly and without complications, both for individuals planning their holidays and for companies managing the international mobility of their employees abroad. We handle the entire process, advise you according to your specific destination, and help you avoid unnecessary travel and waiting times.

Do not leave this process until the last week before your trip. Contact us and we will solve it together.

www.feliu.biz | www.expatfeliu.com

THE EES IS NOW FULLY OPERATIONAL: WHAT IT MEANS FOR PROFESSIONALS AND COMPANIES WITH INTERNATIONAL MOBILITY IN EUROPE

Since 10 April 2026, the Schengen Area operates under an entirely new border control framework. The Entry/Exit System (EES) is an automated IT system for registering non-EU nationals travelling for a short stay, each time they cross the external borders of the 29 European countries using the system. Passport stamping is gone. Every entry and exit is now recorded digitally, together with the traveller’s biometric data.

For companies managing international workforce mobility into Europe, or for non-EU professionals who travel frequently across the Schengen Area, this change is not merely technological: it represents a fundamental shift in the level of enforcement and the consequences of any planning error.

 

What the EES records and who it affects

The system registers the person’s name, travel document data, biometric data including fingerprints and facial images, and the date and place of entry and exit. Refusals of entry are also recorded.

The EES applies to all nationals of countries outside the EU and the Schengen Area who travel for short stays, regardless of whether they require a visa. Holders of valid residence permits, long-stay visas and citizens of EU member states are outside the system’s scope. For non-EU professionals working in Europe under temporary assignment schemes, or those who combine presence across several Schengen countries throughout the year, the EES fundamentally changes how their time in the European area is monitored and enforced.

 

The 90/180-day rule is now automatically enforced with no margin for error

The 90-days-in-any-180-day-period rule is not new. What is new is how it is applied. Before EES, enforcement relied on manual passport stamps: a slow, error-prone process that was difficult to verify in real time. After EES, the system calculates days automatically with zero ambiguity. When a traveller arrives at passport control, the border agent or automated gate sees their exact status: days used, days remaining and their complete entry and exit history.

This has a direct implication for companies: any non-EU worker travelling to Europe under a short-stay arrangement must have the calculation of their Schengen days planned with precision. A poorly planned assignment can result in the worker being identified as an overstayer, someone who has exceeded their authorised length of stay, with consequences ranging from administrative fines to a ban on re-entry into the EU.

 

The consequences of overstaying under the new system

As of 10 April 2026, the EES replaces passport stamping, enabling the automatic detection of overstayers, travellers who have exceeded the maximum duration of their authorised stay. Once identified as an overstayer, the traveller’s data is automatically added to a list accessible to border control authorities, immigration officers and visa-issuing staff across all Schengen countries.

The specific consequences vary by national legislation but may include removal from the territory, financial penalties, administrative detention or refusal of future entry into the EU. These are consequences that cannot be resolved with an explanation at the airport: once an overstay is recorded in the system, correcting the situation requires a formal process before the competent authorities and, in many cases, specialist legal advice.

 

More change ahead: ETIAS is coming in late 2026

The EES is not the only change to the Schengen access framework. From the end of 2026, visa-exempt non-EU nationals will need to apply for an ETIAS authorisation, a new electronic travel permit, before entering the European Schengen Area. ETIAS is similar to the US ESTA or the UK ETA: it is not a visa, but it is a pre-travel requirement that must be processed online before each journey.

For companies managing frequent assignments of American, Canadian, Australian or Japanese nationals to their European operations, this new requirement adds a further layer of advance preparation that must be built into mobility protocols before the system goes live.

 

What companies need to have in place now

The shift is clear: Europe has moved from a manual, reactive border control system to one that is digital, automated and operating in real time. Companies that have until now managed non-EU worker assignments to Europe with informal day-count tracking or last-minute planning are operating in an environment where the margin for error has been eliminated.

Reviewing international mobility programmes, updating protocols for non-EU worker assignments and anticipating the impact of ETIAS on established travel routes are tasks that cannot be left until the first problem arises. Because with EES fully operational, the first problem is already recorded in a pan-European database.

At Feliu and ExpatFeliu, we support companies and professionals in the comprehensive management of their international mobility in Europe, including Schengen day-count analysis, planning of non-EU worker assignments and adaptation to the new requirements of both the EES and the forthcoming ETIAS. Contact us for a personalised consultation.

www.feliu.biz | www.expatfeliu.com

POSTED WORKERS IN GREECE: KEY OBLIGATIONS FOR COMPANIES TEMPORARILY DEPLOYING WORKERS

The temporary transfer of workers within the European Union remains one of the main tools used by companies to execute international projects, provide cross-border services, or coordinate operations between different entities within the same corporate group.

However, intra-community worker mobility is subject to an increasingly demanding regulatory framework, particularly following the amendments introduced by European legislation on posted workers.

In Greece, the transposition of the EU legal framework in this area has been carried out through several presidential decrees establishing specific obligations for all European companies wishing to temporarily deploy workers to the country.

In this context, proper project planning is essential, as Greek labor authorities have progressively strengthened their control and inspection mechanisms regarding foreign companies providing services on their territory.

 

When is a worker considered to be posted to Greece?

Greek legislation on posted workers applies primarily in the following situations:

  • Companies providing services in Greece under a contract with a local client;
  • Intra-group transfers within the same corporate group;
  • Assignments carried out by temporary employment agencies to entities established in Greece.

In all cases, an effective employment relationship between the home company and the posted worker must exist throughout the entire period of service abroad.

 

Main obligations for companies posting workers to Greece

Companies temporarily posting workers to Greece must ensure compliance with certain working conditions established by Greek law for the entire duration of the workers’ stay in the country. Among other obligations, companies must assess, and where applicable align with:

  • The minimum wage conditions generally applicable in Greece;
  • Collective agreements that may apply depending on the activity to be carried out in the country;
  • Obligations regarding working hours and rest periods;
  • Conditions relating to annual leave, equal treatment, and occupational health and safety;
  • Administrative formalities and mandatory notifications to the designated labor authorities.

Additionally, one of the most sensitive aspects is that applicable obligations may vary significantly depending on the sector of activity, the specific duration of the service provision, and the type of project to be developed in Greece. For this reason, a pre-deployment analysis is key to minimizing risks and avoiding potential administrative penalties arising from labor or documentary non-compliance.

 

The importance of advance planning

In practice, many issues arise not from the impossibility of deploying workers, but from insufficient planning before the project begins. The absence of a preventive analysis can generate significant risks for companies, including:

  • Penalties for labor non-compliance;
  • Documentary deficiencies during inspections;
  • Incorrect application of the collective agreement actually applicable to the activity performed.

 

Planning to post workers to Greece? Our support:

At Feliu N&I, we assist national and international companies in the planning and comprehensive management of temporary worker postings within the European Union.

Our multidisciplinary team, specialized in international mobility, corporate immigration, and international labor law, advises companies at every stage of the process:

  • Prior feasibility analysis;
  • Review of applicable labor obligations in Greece;
  • Immigration planning;
  • Document preparation and administrative compliance;
  • Collective agreement analysis;
  • Assessment of tax and social security risks.

We also continuously monitor regulatory developments and legislative changes affecting the international mobility of workers, enabling companies to operate with greater legal certainty and minimize risks during the execution of international projects.

For more information on the temporary posting of workers to Greece and obligations under posted worker regulations, our team is at your disposal.

www.feliu.biz | comunicacion@feliu.biz

EXTRAORDINARY REGULARISATION FOR IRREGULAR MIGRANTS IN SPAIN APPROVED

Today, 15 April 2026, Royal Decree 316/2026 has been approved, amending the immigration regulations and establishing an extraordinary administrative regularisation process for migrants residing irregularly in Spain. This measure, which will remain in force until 30 June 2026, represents a key opportunity to regularise the situation of thousands of individuals and may have a significant impact on companies managing international talent.

What does the new regularisation involve?

The new decree allows migrants in an irregular situation to obtain a residence and work authorisation through an extraordinary procedure. Applications may be submitted online starting tomorrow, 16 April 2026, and in person by appointment from 20 April. The deadline for submitting applications is 30 June 2026.

One of the main requirements is that applicants must have remained in Spain continuously for the five months prior to submitting the application. In addition, they must have been present in Spain before 1 January 2026. This means that only those who meet both time-related requirements will be eligible for regularisation. When submitting the application, applicants must provide documentation proving their stay in Spain.

Applicants must also have no criminal record in Spain or in any country where they have resided during the last five years. They must submit a criminal record certificate duly legalised or apostilled, with a sworn translation if required.

Additional requirements

The Royal Decree also establishes other key requirements:

  • Be of legal age.
  • Be in an irregular situation in Spain, meaning not holding any valid stay or residence authorisation.
  • Not be in the process of applying for an extension, renewal, or modification of a stay or residence permit.

In addition, regularisation may be requested under one of the following three circumstances:

  1. Having worked in Spain, either as an employee or self-employed, or having a job offer.
  2. Having family ties, such as minor or dependent children or dependent ascendants.
  3. Demonstrating a situation of vulnerability that justifies the regularisation request.

 

Additional benefit: provisional authorisation to work

One of the most relevant measures of this regularisation process is that, once the application is submitted, applicants will receive a confirmation of initiation of the procedure, which will include provisional authorisation to reside and work in Spain.

If the application is rejected, the provisional work authorisation will be automatically withdrawn. Therefore, it is essential that applicants meet all the established requirements to avoid losing this authorisation.

Pending “arraigo” applications: how does this affect current cases?

An important aspect is that applications for residence authorisation based on “arraigo” (social roots) that are already in process will be resolved favourably, provided that the requirements for the extraordinary regularisation are met. This offers a solution for migrants who have already started their regularisation process but have not yet received a decision.

How does this measure impact companies?

The approval of this extraordinary regularization is especially relevant for companies planning to hire foreign talent currently residing in Spain without legal status and therefore ineligible for employment. If any of these candidates meet the established requirements, they will be able to regularize their legal status in Spain and be hired.

If your company has employees who could benefit from this regularisation or if you are considering hiring new international workers under this framework, it is important to be aware of the deadlines and requirements for submitting applications. At Feliu N&I, we provide comprehensive advice and support in managing these procedures, ensuring that your employees can regularise their status in accordance with current regulations.

Our team specialised in global mobility and immigration handles the entire process: from document preparation to application follow-up.

If you need further information or personalised assistance, please do not hesitate to contact us. We are here to help you manage the entire process efficiently and in full compliance with the law.

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