What is a notification or declaration of posting?
In accordance with EU Directive 2014/67, a “posting declaration” is a formal and official statement provided by an employer who is sending their employees to work temporarily in another EU Member State. This posting notification serves as a means of informing the relevant national authorities in both the home country of the employer and the host country where the work is being performed.
The declaration of posting typically includes essential information about the posting, such as:
- identities of the posted workers;
- the expected duration of the assignment;
- nature of the work to be carried out;
- and other relevant details.
The purpose of this declaration is to ensure transparency and compliance with the legal requirements and regulations of both the home and host countries. It is an important instrument for enforcing and monitoring the labor and social rights of posted workers, as well as guaranteeing that they receive the necessary protections and benefits while working in a different Member State under the framework of service provision.
Who is obligated to submit the declaration of posting?
In accordance with EU Directive 2014/67, the responsibility for submitting the posting declaration lies with the employer who is sending their employees to work temporarily in another EU Member State. The employer is the entity responsible for ensuring that the posting declaration is accurately completed and submitted in compliance with the legal requirements.
The process of submitting a posting notification typically involves the following formal steps:
- The employer, before posting workers to another Member State, is required to complete a posting declaration, providing all the necessary information as specified by the national laws and regulations of both the home country and the host country.
- A copy of the posting declaration is then submitted to the relevant national authorities in the host country where the work will be carried out, as per the host country’s legal requirements.
- The posting declaration should be kept on record by the employer and may need to be presented upon request to labor inspectors or other relevant authorities during the posting period. All documentation concerning the posting must be then kept for a predetermined period at the end of the posting itself. The period may vary according to the regulations of the Host Country. Documentation must be properly archived and kept available to the foreign control authorities.
The specific procedures for submitting posting declarations may vary between Member States, and it is essential for employers to familiarize themselves with the legal obligations and requirements to ensure compliance with EU Directive 2014/67. Additionally, seeking legal advice or guidance from experts in the field can be valuable in navigating the complexities of posting declarations.
When should the posting notification be submitted?
Employers are generally required to submit the posting declaration before the commencement of the temporary work assignment in another EU Member State. The posting declaration serves as a prior notification to the relevant national authorities, both in the home country of the employer and the host country where the work is being carried out.
It is important to submit the posting declaration in advance to ensure compliance with the legal and regulatory requirements of both the home and host countries. This allows the authorities to review the information provided and verify that the posted workers will be working under conditions that adhere to applicable labor and social rights standards. It also helps facilitate effective cooperation and coordination between the involved Member States.
Employers should be proactive in ensuring that posting declarations are submitted well in advance of the actual start of the posted work to avoid any potential legal or administrative issues.
The exact timing and specific requirements for submitting the posting declaration may vary by country, so it is advisable for employers to consult the national authorities or legal experts to ensure they are in compliance with the relevant regulations.
Contents of the Declaration of Posting
The posting declaration, as required by Directive 2014/67/EU for the posting of workers in the European Union, should include the following essential information:
- Company Information: The legal and official name and address of the posting company or employer.
- Identification of Posted Workers: The identities of the workers being posted, including their names and, if applicable, their identification or social security numbers.
- Duration of Posting: The expected start and end dates of the temporary work assignment in the host country.
- Description of the work activities: A clear and detailed description of the type of work or services that will be performed by the posted workers 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 representative of the posting company. According to Directive 2014/67/EU, it may be necessary to appoint a local contact person in the Host Country for the period of the posting and beyond. The Contact Person should also be in charge of keeping documents for possible inspections.
- Signature and date: The signature of the employer or an authorized representative, along with the date of submission of the declaration.
The specific information required in a posting declaration may vary by country, so it is essential for employers to consult the national authorities and legal experts to ensure that they are providing the necessary details as per the legal requirements of the relevant Member States.
Non-compliance with the Declaration obligation
In accordance with Directive 2014/67/EU and the legal framework it establishes for the posting of workers, a company can be sanctioned for failing to submit a posting declaration. Non-compliance with the requirement to submit a posting declaration can result in sanctions and penalties imposed by the relevant national authorities in both the company’s home country and the host country where the work is being performed.
Sanctions for failure to submit a posting declaration may include fines, legal actions, or other administrative measures, as determined by the laws and regulations of the respective Member States. These sanctions are intended to ensure that employers adhere to the rules and obligations outlined in the directive, which are designed to protect the labor and social rights of posted workers and maintain fair and equal working conditions.
It is imperative for companies to fully understand and comply with the legal requirements related to posting declarations to avoid potential sanctions and to ensure that their posted workers are working under lawful and fair conditions in accordance with EU labor laws. Legal advice and consultation with experts in this field can be valuable to ensure compliance and mitigate the risk of sanctions.