Companies with posted workers abroad must comply with provisions and obligations of European Directives.
Studio A&P supports companies with all the requirements and obligations when managing assignments of workers abroad.
Our Posting Specialists will provide you with all the details you need to know to comply with local regulations and EU Directives.
Employees assigned abroad are entitled to the applicable remuneration as defined by law in the Host State, including overtime pay, in addition to the minimum wage applicable in that State.
The remuneration applicable in an EU Member State is the amount of money, determined by the national law and/or practice of the Member State where the worker is sent. It includes all the constituent elements of remuneration rendered mandatory by national law, regulations or administrative provisions, or by collective agreements.
In some cases the best option is to proceed with the elaboration of a shadow payroll.
Workers assigned abroad will also benefit from further conditions established by the legislation of the State on whose territory the services are provided, such as the conditions relating to accommodation, allowances or reimbursement of travel, in accordance with domestic legislation or collective bargaining agreements.
Non EU-Citizens are not automatically allowed for assignments abroad in the framework of transnational provisions of services, even if holders of residency or work permits.
In some cases, it may be mandatory to apply for a work permit or visa before the assignment.
A notification of posting may be mandatory to post workers to another EU country. The declaration will inform the Host Country Authorities that the assignment will take place in its territory.
Furthermore, it will inform them that both the sending company and the worker are fulfilling the obligations for the interested country.
Pursuant to 2014/67/EU Directive, there may be the need to appoint a domiciled contact person in the Host Country for the period of the posting and also further after the posting.
The contact person may also be in charge of retaining the documentation during an inspection.
The worker will have to file a time-sheet during every day during the posting. The time sheet will contain the working hours and rest periods carried out by the worker.
The final document will attest the fulfillments of the worker of the maximum working day and minimum rest periods.
All the documentation regarding the assignment must be retained for a predefined period, that may vary according to the Host country regulations, after the posting.
The documentation must be correctly stored and kept available for foreign labour authorities.
The EU Directive 2019/1152 was introduced to guarantee minimum rights and information for workers assigned abroad.
Member States had until August 1st, 2022 to transpose the Directive and introduce more transparent and predictable working conditions.
In some countries the above mentioned requirements may not be enough. When planning your assignment, you should check whether additional fulfilments apply to your enterprise and to your workers.
These obligations might be critical based on the kind of activities or industry.
Our online tool will be an essential instrument for an efficient management of your international assignments.
You will be able to check and monitor all the relevant details concerning your postings and have a complete overview of the necessary requirements:
A&P platform keeps track of the status and the history of your assignments, allowing you to be always up-to-date, in case further actions are required, such as tax registration, permanent establishment obligations, VAT registration, etc.
A&P platform also gives you the possibility to verify whether further requirements may apply to your employees, such as immigration issues, town hall registration, tax requirements, etc.
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