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.
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.
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.
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.
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.