Posting in EU
Before sending your workers to other EU countries, you must comply with the provisions and obligations introduced by Directives 96/71/EC and 2014/67/EU.
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DIRECTIVE 96/71 OBLIGATIONS

- Alignment to the minimum rate of pay of the Host Country
- Maximum work periods and minimum rest periods
- A1 Model ex Regulation 883/2004 kept available by the posted workers during the assignment
- Immigration issues for non-EU workers
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.

A1 MODEL

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.

DIRECTIVE 2014/67 FULFILLMENTS
- Send the Posting Declaration before the starting of the posting
- Nominate a contact person domiciled abroad
- File the time sheet on a daily basis
- Store the posting documentation for on-going and future checks
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Posting Declaration

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

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NOTIFICATION OF POSTING

Elaboration and submission of the Posting Declaration and transmission of it to the Foreign Authorities
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WHY IS IT NECESSARY?

Directive 2014/67/EU introduced the obligation for companies posting workers to other EU Member States to send – generally before the start of the posting – a Posting Declaration to the competent authorities in the host country.

SERVICE PROCESSING

 – Pre-posting verification of all the relevant documents, in order to ascertain the individual conditions of the employees and their suitability to be posted.

– In less than 3 hours from the placement of the order, A&P notifies the competent foreign authorities, prepares the necessary documentation for the posting and transmits it to the client together with the final instructions.

– Follow-up of the entire procedure, and constant assistance to the customer during and after the posting.

Appointment of the domiciled contact person

a&p posting workers to eu
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WHY IS IT NECESSARY?

Directive 2014/67 allows Member States to introduce the obligation to appoint a contact person to act as a liaison between the posting company and the Host State Authority.

SERVICE PROCESSING

A&P provides the posting company with its own reliable domiciled partner in the host country, who will act as a contact person during the posting.

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A1 CERTIFICATE (ex. art 12 reg 883/2004)

Automatic generation of the E412 Form for the application to the A1 Certificate ex Art 12
Regulation 883/2004
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WHY IS IT NECESSARY?

The A1 Certificate ex Art. 12 Regulation 883/2004 certifies that the posted worker’s social security insurance remains valid in the EU country where the worker is hired.

SERVICE PROCESSING
– When placing the order through our online platform, A&P’s clients only need to click on the special button for the automatic generation of the E412 Form. Later, this document will be used as the application to the A1 Certificate.
– After the client has provided A&P with the relevant written authorization and the company’s access credentials to the National Social Security Institution’s website, A&P uploads the A1 Certificate autonomously, follows the whole processing and transmits the A1 Certificate to the customer, once issued.

multistate a1 certificate ex. art 13 reg 883/2004

Automatic generation of the application to the A1 Certificate ex Art 13, valid for more than one EU Member State
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WHY IS IT NECESSARY?

The A1 Certificate ex Art.13 certifies that the posted worker’s social security insurance remains valid in the EU country where the worker is hired. This specific Certificate can have an open expiry date and be valid for more than one Member State.

SERVICE PROCESSING

– Generation of the A1 Certificate ex Art. 13 for the individual worker, with the possibility of an open expiration date;
– Creation of the worker’s power of attorney in favor of A&P for sending the application to the National Social Security Institution;
– Generation of a special supplementary letter to demonstrate that the minimum requirements of Reg. 883/2004 ex Art.13 that allow the worker to be recognized as an employee in several Member States are in place;
– Follow-up of the entire process from application until the A1 Certificates is issued.

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Automatic notification system

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WHY IS IT NECESSARY?

The online platform offers A&P’s clients a system of automatic personalized notifications, to keep them posted on eventual updates of the relevant legislation.

SERVICE PROCESSING

Each time a client is placed through the platform, the System will automatically inform the posted worker regarding minimum wage conditions in the host country.

Online storage

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WHY IS IT NECESSARY?

Art. 9 of Directive 2014/67/EU defines the obligation of document storage for a reasonable time after the end of the posting. The Foreign EU Authorities may request a set of documents to verify the assignment has been done in compliance with EU regulations.

SERVICE PROCESSING

A&P’s online platform includes free of additional charges, online storage of all the relevant documents.

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Shadow payroll

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WHY IS IT NECESSARY?

According to Art. 3 of Directive 1996/71/EC, posting companies shall ensure that, whatever the law applicable to the employment relationship, the more favourable working and salary conditions shall apply to each posted worker.

SERVICE PROCESSING

– Identification of the applicable national collective agreement;
– Elaboration of “shadow payrolls” based on the timesheet filed by the posted worker during his assignment.

Webapp

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WHY IS IT NECESSARY?

According to Art. 3 of Directive 1996/71/EC, posting companies shall ensure that, whatever the law applicable to the employment relationship, the more favourable working and salary conditions shall apply to each posted worker.

SERVICE PROCESSING

– Once placed the worker through the online platform, the posted worker automatically receives his access credentials and link for A&P’s Webapp. Each day the worker is reminded – by email and sms – to complete and submit his timesheets.
– The Webapp guides and instruct the posted worker and “blocks” the completion of the timesheets whenever the national limits to working time are exceeded.
– The posting company is notified when the posted worker’s timesheet exceeds the national limits.

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