What is a notification or declaration of posting?
According to EU Directive 2014/67, a “posting declaration” is a formal statement from an employer sending employees to work temporarily in another EU Member State. This notification informs the relevant national authorities in both the employer’s home country and the host country.
The declaration typically includes essential information about the posting, such as:
- 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 of both the home and host countries. 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 EU Directive 2014/67, the employer must submit the posting declaration when sending employees to another EU Member State. 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 must complete a posting declaration. The document shall contain the necessary information as specified by the national laws of both the home and the host country.
- The employer submits a copy of 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. 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.
- The employer must properly archive the documentation and keep it available for the foreign control authorities.
Submission procedures for posting declarations vary among Member States, so employers must understand the legal obligations to comply with 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. This aims at notifying the relevant authorities in both the employer’s home country and the host country where workers perform their activities.
Submitting the posting declaration in advance is crucial for complying with legal requirements in both home and host countries. This enables authorities to verify that posted workers meet labor and social rights standards. 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 required by Directive 2014/67/EU for posting workers in the EU must 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 posted workers, 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 detailed 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 representative of the posting company. It may be necessary to appoint a local contact person in the Host Country . 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 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
According to Directive 2014/67/EU, relevant national authorities can sanction a company for not submitting the posting declaration. Both the home and host country authorities can impose sanctions and penalties for this failure.
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 posting declaration requirements to avoid sanctions and 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.