FAQ

Pavel

What is maximum duration of posting according to revised POW directive?

Duration of the posting of 12 months with the possibility of an extension of up to 18 months if the work relates to the same service. If there is a replacement of a posted worker, the time of posting is calculated cumulatively from the very beginning of the posting.

Leon

Can you please tell me, whether the employer can refer someone on a part-time contract if he is not insured for the duration of his stay in the receiving country?

This is usually unlawful . Posted workers have to be insured for the whole duration of their stay in the receiving country according to PDS A1. The obligation of social and health insurance is based on the place of work of a natural person and it is obligatory in the country in which the work is carried out. The transferable PDS A1 document, which applies within the EU, is proof that the worker is posted and he/she does not have to pay contributions during the period of posting in the host country, because they are paid in the country from which he/she was posted.

Giovanni

How are Labor Inspectorates linked and who should I contact for violation of rights in Italy?

You can contact l’ispettorato nazionale del lavoro https://www.ispettorato.gov.it/en, also Ministero del lavoro e delle politiche sociali https://www.lavoro.gov.it. We suggest you contact the trade union / Confederazione Generale Italiana del LavoroLombardia (CGIL Lombardia) http://www.cigl.lombardia.it. On these sites you will be able to find all the necessary information.

Marcos

I am interested, whether the worker pays income tax in his native country or country of destination?

The wages are taxed either in the country of residence or in the country to which the worker is posted. Whether the wages will be taxed in the home country depends on the length of the posting that must begin and end in the calendar or tax yearly, that the wages are paid by the employer in the home country, or for his account and at his expense the employer in the receiving country, and that the business unit of the employer is not burdensome in that other country. If there is an agreement between the countries on the avoidance of double taxation, the difference in tax is paid by the worker if it is calculated at a lower tax rate in the country where he/she was posted than the tax rate prescribed in the home country.

Julia

When will the revised POW Directive be implemented?

Directive 96/71 / EC and the revision of the 1996 Directive, were approved by the European Parliament on 29 May 2018 and adopted by the Council on 21 June 2018. The amendments primarily relate to Article 1 and the scope of the Directive, which covers both workers, employed by temporary employment agencies as well as posted workers, and also salary. The transposition time in the next two years, until the end of July – objections to possible economic viability and the reduction of entrepreneurial competitiveness from countries with lower wages that are providing
services in countries with higher wages, as well as the relative lack of definitions of the “same wage”, can lead to different interpretations and inadequate implementation. So we will see what will happen after July 2020.

Mario

What happens to workers in Malta from Serbia under the new law?

Actually this is not a new law but the law from 2007. According to Statement of Identity Malta – “The income requisite for family reunification, outlined in Subsidiary Legislation 217.06, is meant to guarantee a decent standard of living to migrant families and their children. If such conditions were to be side lined, migrant families and their children may experience undesirable social conditions,” it underlined. “The legislation came into force in 2007 and transposes Council Directive 2003/86/EC. In the admittance of family members for the purpose of reunification, the sponsor is required to prove prospects of permanent residence and have stable and regular resources which are equivalent to the national average wage.” Serbian nationals are non-visa nationals, therefore they do not require a visa to stay in the Schengen territory for a period of 90 days within any six-month period.” See more
here https://www.maltatoday.com.mt/news

Emma

How is my host notified about my posting?

The company must inform the competent labor authorities in the territory where the services will be provided in the context of posting before the commencement of posting and regardless of duration:
Identification of the company posting the workers with the address, tax and identification number; Personal data of each posted worker; Identification of the company where the worker will provide services; Duration of posting; Identifying the service that a worker will provide as part of his/her posting; Identification and contact person or legal entity in the host country; Identification and contact information of a person who, in the name of the company, is responsible for informing and consulting employees.

Dario

If I work just a few days whether notification is required?

Notification is not necessary if the duration is less than eight days, except when it comes to the temporary employment agency. In the case of temporary employment agencies, they must also have additional information, which is a license that meets the legal requirements in the country for the provision of the services of another consumer company; and the identification of the temporary needs of the users of the company that would be covered by the contract between the two companies.

Peter

Which collective agreement is being applied?

Member States may apply employer collective agreements, regional or sectoral agreements so the posted workers shall have the same rights as the local workers of the host country. It seems justified to apply the collective agreement with the employer, but also the use of a sectoral or branch agreement, if they have an extended effect, ensures equalization of conditions for employees in the branch or sector.

Ada

Where should I get information?

The obligation of each state is to have an updated, unified web page containing information related to legislation on posted workers (Article 5, point c) of the Implementation Directive (2014/67/EU). Also, there can be found and collective agreements that apply, as well as methods and elements determining wages. Directive 2014/67 / EU also gives greater importance to social partners in terms of informing the posting of workers within the provision of services. Most unions have their own websites, contact persons or info points where workers can be informed about their rights in their native language.

Miodrag

How do I find out if I’m covered by sociall insurance during the posting?

You should contact the employer or a contact person. In the case of Serbia it is necessary to change the basis of insurance, i.e form 101, based on which the Central Registry notes that the time you are insured. In the EU member states there is form the A1, where a posted worker is identified and can check the status of insurance also via mobile applications.

Maja

What’s Van der Elst visa and whether I need to work in Germany?

The Van der Elst visa is a type of  visa  or work permit available to non- EEA / EFTA  citizens employed by and working for a company in an EU/EEA/EFTA country, that allows them to work for that company in another EEA/EFTA member state. However, it seems to vary how this is implemented, and often non-EEA-citizens need a normal work visa or work permit when working in another member country
regardless of employer. To obtain this visa takes time, so before that, and before you make should count on a couple of weeks so that all documents were prepared.

Roman

Several workers, who work in my company for a long time, but coming from the Western Balkans, I would like send to perform work in Germany. Whether, in addition to A1 form, must have other licenses, permits?

For workers from third countries who need work permits in Slovenia, however, only A1 certificate is not sufficient to post to Germany. They will be required special visas to work in Germany. Van der Elst, which they must apply at the Embassy. The only exception to the requirement to obtain Van der Elst visa is sending foreigners with permanent residence in Slovenia, which will be located in Germany up to 3 months within 12 months. Therefore, if you employ third-country nationals, be sure to check whether workers are required to obtain work visas in that country or fulfill some other conditions, before any transfer to another EU country.