Posted Worker Notification

The EU’s Posted Worker Directive requires companies to report where individuals from one Member State are working in another Member State. In 2018 the EU has published revisions in the directive (EU) 2018/957 to take effect within the next two years, meaning by 2020, which adds further complexity to organisational assignment planning within the EU.

The requirements vary by country, but in general the posting of workers requires a two stage process for Employers:

Filing of the Posted Worker Notification

• Decide which employees fall in scope
• Collection of required data by country
• File posted workers notification prior to arrival
• Update notification if any changes on assignment
• Appoint local representative as liaison to authorities

Record Keeping Obligations

• Retain documents for up to 5 years
• Document requirements varies by country

Different countries have more or less onerous requirements, and we tend to graduate into three bands between higher and lower complexity.  Typically, companies should focus on the highest complexity countries with the highest number of posted workers first, to maximise efficiency of compliance spend.

(example based on sample of countries)

Companies that don’t comply with the regulations for posting worker requirements face three types of risk:

Financial Risk

• Fines for missing and late notifications
• Fines for not updated notifications
• Penalties range from € 1.000 to € 15.000 per infringement

Operational Risk

• Companies perceived as “repeated offenders” could be excluded from posting workers; this is not limited to the country of breach

Reputational Risk

• Reputational damage in host country with negative effects on clients, products and services

Santa Fe Solution

Customising your posted worker solution to your organisational needs and requirements

We develop and size the program depending on your immediate needs and budget to support you in obtaining stakeholder buy-in.

Santa Fe Approach

Generally, posted worker notification work can be broken down into the following stages:

Brexit work on identifying covered individuals for the Immigration requirements may identify data required for the posting of workers, so this project can be performed in conjunction with Brexit work.