© Kzenon | Shutterstock.com

26.09.2018

POSTING OF WORKERS DIRECTIVE - WHAT ARE THE KEY ISSUES?

Almost every country is implementing the details of the EU Posting of Workers Directive in a different manner. Nevertheless, there are fundamental questions that companies need to clarify in advance and for which they need to plan the corresponding time and budget. Here is a checklist for companies that post workers.

By Yvonne Heidler

Is reporting required for the employee's work?

RELATED ARTICLE

"EUROPEAN DISUNION FOR POSTED WORKERS"

Companies must clarify this individually for each EU country. In some countries, only the actual assembly needs to be reported, while in France, for example, this applies for assembly, intercompany as well as sales activities.

Are there exceptions to the reporting requirement?

There are no general exceptions, but there are isolated ones. For example, exceptions apply to initial installations in some countries. In Spain, for instance, the first eight days of a work assignment do not need to be reported.

Do the documents required for registration need to be translated into the country’s language?

This is not uniformly regulated. However, it is recommended to plan sufficient time and budget for the translation of documents such as salary statements and employment contracts.

Who can be named as a contact person in the sending country?

For countries without a branch in the sending country, this is only possible by commissioning a service provider for a fee.

Who reports the employees of a subcontractor involved in a project?

A contractual provision when commissioning clarifies that only the subcontractor is responsible for the reporting of its employees.
 
A practical overview of the regulations in the individual European countries is provided in the "Posting of employees in Europe" information sheets (German/English) on the VDMA website (exclusively for VDMA members).

Further information

VDMAimpulse 04-2018: "European Disunion for Posted Workers"   |   VDMA.org: Posting of employees in Europe"   |   VDMA Foreign Trade   |   VDMA Tax Department

© VDMA
Contact
Yvonne Heidler, VDMA Foreign Trade.