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FAQ

 

The secondment rules are fully applicable to the road transport sector. In October 2017, the European Ministers of Labour started to discuss about some changes to the Directive about posting of workers from 1996. These changes will not concern the road transport, for which the current European and national rules protecting the sector continue to apply.

 

BELOW YOU CAN FIND SOME FREQUENTLY ASKED QUESTIONS.

DO NOT HESITATE TO CONTACT US FOR FURTHER INFORMATION.

WHAT ARE THE POSTING OF WORKERS LAWS IN FORCE IN EUROPE?


FRANCE
– The French law MACRON refers to Decree N°2016-418 dated 07.04.2016. International road hauliers operating in the French territory must apply the French minimum wage of 9.88 euros per hour and travel expenses provided for in the national collective agreement for road transport. This decree also requires the carrier to appoint a representative in France and, since 01.01.2017, to send certificates of secondment of drivers in France via the Ministry of Labour’s website (SIPSI).

GERMANY – The German MILOG Minimum Wage Act (Mindestlohngesetz – MiLoG) entered into force on 1st January 2015 and applies to foreign carriers carrying out transport, cabotage and/or secondment operations in Germany. According to Article 16, foreign companies must send a prior declaration attesting to the deployment of drivers in Germany before the start of the operation and provide posted employees with the same working conditions and remuneration as German workers. It is not mandatory to appoint a representative in Germany.

AUSTRIA – The Austrian law LSDB against wage and social dumping (LSDB-G – Lohn- und Sozialdumping-Bekämpfungsgesetz) entered into force on 1st January 2017 and concerns foreign hauliers carrying out transport or cabotage operations in Austria or seconding employees to Austria. In accordance with Article 19 (3), companies based abroad are obliged to send a prior declaration of the deployment of their drivers to Austria before the commencement of any activity or service and to provide posted workers in Austria with the same working conditions and remuneration as Austrian workers. Austrian law does not imply for the obligation to appoint a representative in Austria.

ITALIAN law DISTACCO refers to Decree 136/2016 of 17.07.2016. All foreign drivers carrying out cabotage and/or secondment operations in Italy (but not international transport operations from or to Italy) are concerned by this law, which requires the prior transmission of information to the Italian Ministry of Labour. This new law also obliges the road haulier to appoint an Italian representative. The purpose of this decree is to verify that the working conditions and remuneration of foreign employees are the same as those of Italian employees.

WHO IS CONCERNED?


All road hauliers performing international transport operations in countries that have implemented Directive 2014/67/EU in their national legislations must comply with these new rules. Depending on the country, the drivers concerned are those who carry out transport from or to the foreign country (France, Germany, Austria) and cabotage in a foreign country (France, Germany, Austria and Italy). Coaches are also concerned and under the same conditions.

Companies carrying out own-account transport of goods (as mentioned on the NACE code) or carriers of goods or persons in transit in the foreign country (without loading or delivery of goods or with “closed doors” for coaches) are not affected by these laws.

WHO WILL BE REPRESENTING ME?


MOVE EXPERT is the ideal partner to comply with the posting of workers laws in the road sector. Our team, located in France and other European countries, is familiar with the national legislations in this field and can advise you even in the most complex cases. Supported by a network of experts in the road sector, MOVE EXPERT will assist you on how to comply with these new laws.

Always in contact with international road hauliers, associations and national authorities, we have been acting as official representative to the authorities since the entry into force of these laws and we have now acquired experience that enables us to assist you in any preliminary procedure and in case of control by the authorities. With more than 25 years of expertise, MOVE EXPERT is recognized as a key partner of international carriers and transport associations in Europe. Our philosophy is to help carriers to increase their productivity while reducing costs, thanks to a wide range of services.

WHY DO I HAVE TO DEAL WITH IT?


Foreign drivers who carry out international transport operations and/or cabotage services in the European countries covered by minimum wage laws must first be declared by their employers to the national authorities where the service is provided. In addition, the wage paid by the employer for the hours worked in the foreign country must be greater than or equal to the national minimum wage. If employers fail to comply with these rules, they may be punished by fines and penal sanctions, which will be calculated for each unreported worker, in accordance with national rules, but also globally, depending on the company’s failure to comply. To avoid fines and legal proceedings, discover the solutions offered by MOVE EXPERT.
WHAT IS MOVE EXPERT'S SERVICE ABOUT?


MOVE EXPERT can assist you to comply with the obligations about posting of workers. We have an experienced customer service team that speaks your language and a team of legal experts specialised in transport in Europe.
Our company represents and assists international hauliers who carry out transport in France and in Europe in order to ensure that the law in force in each country is fully respected, by providing the most complete service.
MOVE EXPERT offers you the simplest, fastest and most complete solution to comply with the legislation on the posting of workers in Europe:

1. By becoming your official representative if required by the national law.
2. By creating an account in your name on the websites of national administrations.
3. By generating your certificates via the official platforms and making them available by email and on your personal space in our dedicated applications. (exclusive feature by MOVE EXPERT)
4. By ensuring the management and archiving of all the documents, according to the provisions in force in each country.
5. By cooperating with the authorities in the event of a control.
6. By answering to all your questions about these laws through an experienced and multilingual customer service.

HOW MUCH DOES OUR SERVICE COST? WHAT IS INCLUDED IN IT?


Prices from 75 € all-inclusive.

– Automatic creation of all your certificates at no extra cost
– Online management of your account and certificates
– A reliable representative in regular frequent contact with French authorities
– Attentive and responsive customer service

CONTACT US


Contact our customer support team by e-mail at posting.eu@move-expert.com or register online

PHONE: +33 (0)4 42 99 11 11

France - Bâtiment le Tritium B

355 rue Louis de Broglie

13857 Aix en Provence cedex 3

 

+33 (0)4 42 99 11 11

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