Transnational posting of workers: Directive 2014/67/UE

Employers who post or send their employees to EU countries become subject to the administrative obligations established by the legislation in force in each EU country of destination.

Directive 2014/67/EU defines the administrative obligations and control measures that may be imposed by the host state on companies that post/send workers to its territory in order to facilitate the monitoring of working conditions of posted/sent workers.

Table of contents

  1. A brief outline of the Directive
  2. The obligations of the posting company
  3. The inspection measures of the foreign authorities
  4. Regulatory Framework
  5. How A&P can support you
  6. Book a call
  7. Get a quotation

 

1. A brief outline of Directive 2014/67/EU

The aim of Directive 2014/67/EU is to promote the application and implementation of Directive 96/71/EC, which protects workers posted abroad in the context of the transnational provision of services. The regulatory text addresses issues such as abuse and circumvention of posting rules, joint liability in subcontracting chains and cooperation between EU countries.

The legislation on transnational posting, including Directive 2014/67/EU, aims to avoid social dumping, to ensure adequate protections for workers in each member state and to coordinate different national regulations and authorities.

2. The obligations of the posting company

Generally speaking, the measures applicable from host States to service providers consist of the following fulfilments:

  • Submission of a ‘Posting Declaration’ to the competent authorities. according to the deadlines indicated by each member state;
  • Obligation to keep the documents in an accessible place and in the territory of the host country;
  • Obligation to store documents for a reasonable period after the end of the posting/assignment (generally at least 2 years);
    • a minimum limitation period of 2 years, extendable to 5 (e.g. France), is therefore introduced;
  • Designation of a person in charge of liaising with the local authorities of the host State and sending and receiving documents and/or notices;
  • Designation of a contact person to act as a legal representative through whom the social partners concerned can seek to engage the service provider in collective bargaining within the host Member State during the period in which the services are provided.

 

3. The inspection measures of the foreign authorities

Directive 67/2014/EU also lays down various monitoring measures for the verification of the compliance with Directive 96/71/EC (later implemented by Directive 957/2018/EU) and the Enforcement Directive itself.

The inspection authorities of each Member State may request the submission of the posting documentation – during an on-site inspection visit, but also after the end of the posting by means of a written communication – in order to verify the correct fulfilment of the requirements and the authenticity of the posting.

3.1. What happens in case of violation of Directive 2014/67/EU

In the event of non-compliance or infringements of the provisions, each Member State has its own system of sanctions, which includes administrative and penal sanctions, up to and including the ban from the worksite and/or for the provision of services on the entire territory.

 


 

4. Regulatory Framework

EU Legislation:

How A&P can support you

Our firm supports companies in the preparation of the required documentation for services abroad, in particular with regard to sending the posting declaration to the authorities of the host country, appointing the contact person, and verifying working and salary conditions. Not only that, the firm also offers assistance with A1 Certificate applications.

Clients are offered the use of the A&P posting portal, a useful tool for the fast and efficient management of posting cases.

Fill in the form below to receive a quotation of our services, or directly book a call choosing the date and time that best suit you!

More than

0

years of experience

Our Teams of Experts have extensive experience in posting workers worldwide, inbound and outbound immigration, tax services in Italy and abroad.

Trusted by

0

clients in 2021

Book a call with our Experts

Choose the date and time that best suits you to plan a call with our Experts.
Fee for a 30min call: €65,00 all included.

Get your quotation in 2 business days