Companies, when posting a worker to another EU Member State, must respect a series of conditions regulating actions on the temporary posting of workers.
At European level, a Directive 2014/67/EU has been created, which allows Member States to impose a series of administrative measures and control measures, proportionate and related to European regulations. Administrative measures prior to the temporary posting of workers are regulated in Article 9 of Directive 2014/67/EU mentioned above:
1. The company is obliged to make a declaration to the competent national authority with the relevant and necessary information in order to allow the control and respect of the workspace, including:
- Identity of the service provider.
- Identification number of the posted worker.
- A worker´s contact person.
- Date of start and ending of the displacement.
- Address of the working space.
- As well as the nature of the work justifying the transfer.
2. Another measure is the obligation to designate a person to liaise between the worker and the company with the competent authorities of the Member State of employment concerned.
3. On the other side, thre´s the duty of designating a person to act as a representative with whom the relevant social partners enable the service provider to engage in collective bargaining in the host Member State.
It is also clarified under this Directive that any Member State may establish its own administrative and control procedures if they respect the European rules on the temporary posting of workers.