The bill reforming posting
A very recent development, to follow closely. It concerns the reform of the right of establishment.
The Council of Government adopted in July 2026 a bill to modernise the posting regime.
The stated aims are to reduce the administrative burden on firms and to simplify the applicable rules, while bringing national legislation into line with European Union law.
The bill amends several articles of the labour code, including those on declaration duties and on the penalties covered in the corresponding article.
This is a bill adopted in the Council of Government, meaning it begins its parliamentary passage rather than being in force.
The rule applied across all guides on this blog holds here: announced does not mean enacted, and enacted does not mean applicable to a given operation.
| Subject | Status | What to do with it |
|---|---|---|
| Overhaul of the posting rules | Project under way | Follow without applying |
| Recognition of qualifications | European framework in force | Check case by case |
| Establishment regime | In force | Apply as it stands |
What that reform might change
Three points of vigilance, without anticipating the final content. They concern the conditions, the timing and the professions covered.
The declaration duties themselves, if the announced simplification bears on their content or timing.
The penalty regime, the articles targeted including those that found it.
The verification duties bearing on the client and on a provider using a subcontractor.
None of these can be anticipated before the text is adopted, and this guide will not do so.
A firm preparing work for the coming months must, however, check the state of the text, since a simplification adopted would change its steps.
The exemption from recognition for certain professions
An important practical point for European architects. It concerns the recognition of professional qualifications.
Practising a regulated profession in principle presupposes prior recognition of training qualifications obtained abroad.
But for certain sectoral professions, including that of architect, holders of a training qualification listed in the corresponding annex to the European directive on recognition of professional qualifications are exempt from that procedure.
This exemption considerably lightens the path, recognition being presented in this guide as the longest stage.
It does not dispense with the authorisation to practise or the right of establishment, which remain required.
Official sources also recall that practising a regulated profession without authorisation constitutes unlawful practice punishable by law, even where the qualifications have been recognised.
What stays stable
Three structural elements, to distinguish from what is moving. They change slowly and serve as stable reference points.
The principle of the three variables, origin, profession and duration, which underpins the whole reasoning of this guide.
The distinction between access to the activity and posting, which fall to different authorities and logics.
The principle that liability and insurance are not the same thing, covered in the corresponding branch.
These three do not depend on the content of any reform, which is why the method set out here remains valid beyond changes of text.
The monitoring method
Four points, proportionate to the stakes. They organise useful rather than exhaustive monitoring.
Check the state of the reform bill before any work planned in the medium term.
Follow the publications of the competent administration, which informs posting employers.
Check your own position as regards recognition of qualifications, certain professions being exempt.
Do not anticipate an announced simplification, so long as the text is not adopted and applicable.
What this means for a professional
Four rules.
Distinguish a bill adopted in the Council of Government from an enacted text, two very different states.
Check the state of the law at the time of commitment, not at the time of estimating.
Check whether your profession benefits from an exemption from recognition, which appreciably shortens the path.
Never conclude from recognition of a qualification that you have a right to practise, authorisation remaining required.
This article reflects the state of the work at the date of checking and serves professional orientation. It does not constitute legal advice.