DIRECTIVE 96/71 OBLIGATIONS
ALIGNEMENT TO THE MINIMUM RATE OF PAY OF THE HOST COUNTRY
Pursuant to 96/71/EC directive and the corresponding collective agreement in the Host Country, the sending company has to align the remuneration of the worker to the corresponding remuneration in the country where the posting takes place.
MAXIMUM WORK PERIODS AND MINIMUM REST PERIODS
Posted workers have to respect the maximum work periods and minimum rest periods provided by the Host Country where the posting takes place. These conditions include standard working day, maximum overtime per day, daily break, minimum daily rest and rest day for the week.
Pursuant to 883/2004 Regulation, the worker has to pay social contribution in the country where the work is performed. However, by providing the A1 model attesting that the social contribution is paid in the Home Country, there is no need to pay social contribution in the country where the posting takes place.
Immigration Issues for NON-Eu Workers
For non-EU workers posted in the EU by a EU company, there are particular obligations to fulfill to be in line with the Host Country’s obligations. (e.g. judgments of 9.8.1994, Vander Elst, case C-43/93, of 21.10.2004, Commission v Luxembourg, case C-445/03, and of 19.1.2006, commission v Germany, case C-224/04.)
A notification of detachment may be requested for the posting in one of the EU countries. The posting declaration will inform the Host Country Authorities that the posting will take place in its territory. Furthermore, it will inform them that both the sending company and the worker are fulfilling the obligations for the interested country.
Contact Person Nominated in The Host Country
Pursuant to 2014/67/EU Directive, there may be the need to nominate a domiciled contact person in the Host Country for the period of the posting and also further the posting. The contact person may also be in charge to retain the documentation during an inspection.
Daily Time Sheet
The worker will have to file a time-sheet during every day the posting takes place. The time sheet will contain the working hours and rest periods carried out by the worker. The final document will attest the fulfillments of the worker of the maximum working day and minimum rest periods.
Storage of the posting documentation
All the documentation regarding the posting must be retained for a predefined period further the posting. The documentation requires a correct storage in order to keep the proof of the posting during inspections. Normally the period of storage is 24 months.
Directive 2014/67 Fulfillments Map
NOTIFICATION OF POSTING
Appointment of the domiciled contact person
A1 CERTIFICATE (ex. art 12 reg 883/2004)
multistate a1 certificate ex. art 13 reg 883/2004
Automatic notification system
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