What is a notification or declaration of posting?
Under the framework established by Article 9 of Directive 2014/67/EU, a “posting declaration” is a formal statement from an employer sending employees to work temporarily in another EU Member State in the context of a transnational provision of services. This notification informs the relevant national authorities in the host country, where required by its national legislation.
The declaration typically includes essential information about the posting, such as:
- the anticipated number and identities of the posted workers;
- the expected duration of the assignment;
- nature of the work;
- and other relevant details.
The declaration aims to ensure transparency and compliance with the legal requirements applicable to the posting in the host country. It is crucial for enforcing and monitoring the rights of posted workers, ensuring they receive adequate protection while working abroad.
Who must submit the declaration of posting?
Under national legislation adopted within the framework of Directive 2014/67/EU, the employer must submit the posting declaration when sending employees to another EU Member State if the posting falls within the applicable notification requirements. The employer is responsible for accurately completing and submitting the notification in compliance with the legal requirements.
The process of submitting a posting notification typically involves the following formal steps:
- Before sending workers to another Member State, the employer should check whether a posting declaration is required and the applicable deadline. The document shall contain the necessary information as specified by the national laws of the host country.
- The employer submits the posting declaration to the host country’s authorities, as required by local laws.
- The employer must keep the posting declaration on record and present it to the relevant authorities upon request, where required by national law. The required posting documentation must also be retained and made available during and after the posting in accordance with the applicable national rules. The period may vary according to the regulations of the host country.
- The employer must properly archive the required documentation and keep it available for the competent inspection authorities in accordance with those rules.
Submission procedures for posting declarations vary among Member States, so employers must understand the legal obligations to comply with the applicable national rules implementing EU legislation. Seeking legal advice can also help navigate the complexities of posting declarations.
When should the posting notification be submitted?
Generally, employers must submit the posting declaration before the commencement of the temporary work assignment in another EU Member State, or at the latest when the provision of services begins, depending on the applicable national rules.Â
Submitting the posting declaration within the applicable deadline is crucial for complying with legal requirements in the host country. This enables authorities to verify that posted workers benefit from the applicable employment conditions and protections. It also helps facilitate effective cooperation and coordination between the involved Member States.
Submission timing and requirements for the posting declaration vary by country, so employers should consult national authorities or legal experts to ensure compliance.
Contents of the declaration of posting
The posting declaration typically includes the information below, with the precise details depending on national requirements:
- Company Information: The legal and official name and address of the posting company or employer.
- Identification of Posted Workers: The anticipated number and identities of the posted workers, including their names and, if applicable, their identification or social security numbers.
- Duration of Posting: The anticipated duration and expected start and end dates of the temporary work assignment in the host country.
- Description of the work activities: A description of the type of work or services performed during the assignment.
- Location of work: The precise location(s) within the host country where the work will be carried out.
- Contact information: Contact details for the designated person liaising with the competent authorities and, where required, a representative for contacts with the relevant social partners. It may be necessary to appoint a local contact person in the host country, depending on national rules. The contact person may also be responsible for making documents available for inspections, where national law so requires.
- Signature and date: The signature of the employer or an authorized representative, along with the date of submission of the declaration.
The information required in a posting declaration varies by country, so employers should consult national authorities and legal experts to provide the necessary details according to each Member State’s legal requirements.
Non-compliance with the Declaration obligation
Under national provisions adopted pursuant to Directive 2014/67/EU, relevant host-country authorities can sanction a company for not submitting a required posting declaration.
Sanctions for failing to submit a posting declaration may include fines, legal actions, or administrative measures set by each Member State. These ensure compliance with the directive, protecting posted workers’ rights and fair working conditions.
Companies must comply with applicable posting declaration requirements to avoid sanctions and help ensure lawful conditions for workers under EU labor laws. Legal advice can help mitigate these risks.
For a complete overview of the European legal framework for the posting of workers, take a look at our guide on EU Posted Workers Directives.