EU-Posting

The EU-posting requirements apply to posted workers, whose residence - depending on the country - must be reported to the labor authority, the social security authority or the occupational safety authority prior to deployment. In many EU / EFTA countries, the posting of workers regulations have been implemented in such a way that employers have to report business travelers - even if their stay is only one day long.

Currently, the EU/EFTA states have transposed the defined requirements of directive 2014/67 / EU on the enforcement of the posting of workers directive 96/71 / EC into national law. The EU regulation 67/2014 provides for the introduction of reporting and registration obligations for the recording of international staff assignments by 2020.

In May 2018, the European Parliament approved a reform of the EU posting of workers directive:

  • On the one hand, the stay of travelers who visit the host country should be limited to twelve months. An extension to 18 months is possible. After this period, employees may continue to stay in the host country, but then they will be subject to all employment legislation of the host country.
  • On the other hand, depending on the industry, employees from abroad are to be paid the same collective wage as their local counterparts in order to counteract wage dumping.

EU Flagge

Purpose of the posting regulations

 

"Same work - in the same place - at the same wage"

The main objective of the posting regulations for deployment within the EU is to be compliant on the minimum standards of the target destination with regard to the following topics:

  •     minimum wage
  •     working hours
  •     leave;
  •     safety, health and hygiene at the workplace as well as
  •     conditions for temporary employment

 

Scope of the notification and sanctions

The different national regulations as well as the ongoing changes lead to an administrative effort:

  •     the posting
  •     the representative's in the target destination
  •     the documentation

Depending on national regulations, business travel must be reported in advance from the first day of travel and comprehensive documents (including employment contract, pay slips and bank account prove, health certificate) must be provided.

Disrespect of the posting regulations lead to significant sanctions and far-reaching consequences:

  •     sanction payments
  •     legal penalties
  •     entry bans
  •     claims for compensation of employees for disrespect of duty of care obligations
  •     exclusion from the local market

 

Solution

The Deutsche Visa und Konsular Gesellschaft provides you with a simple and easy process with which you can carry out the EU posting with just a few entries / klicks. The DVKG keeps the regulations up to date for you and, if desired, establishes a connection to legal experts (e.g. social insurance, tax lawyers).

Experience an easy to use application process

The EU report, A1 certificate, visa and legalization - all from one source:

1 stop shopping

The DVKG supports you with the EU-posting process on the following topics:

  •      checking whether an EU-posting requirement exists
  •      implementation of the EU-posting, including a possible company registration
  •      collection of the registration documents
  •      provision of representatives
  •      sending / providing the document set of the EU-posting

 

If you have any further inquiries, please do not hesitate to contact us.

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