Posted Workers Directive (PWD)
The requirement of registering the workations or business traveller in the destination country
A posted worker is a worker who is sent by his employer to another EU (host) country for a limited period of time under a service contract, an intra-corporate posting or a posting by a temporary work agency. This temporary work assignment can concern different sectors and industries, e.g., construction, services, IT, and others. A Posted Worker Directive, on the other hand, is a requirement under EU law for companies sending their employees to work temporarily in another EU member state. The objective of the PWD is to protect the rights and working conditions of the posted employees and to address a number of concerns such as social dumping. The so-called Posting of Workers Directive (PWD) stipulates that both employees going on work assignments (only in Belgium) and business travellers (throughout the EU) must register with the local authorities in the destination country before starting their trip. This registration is known as PWD notification and must be carried out via specific portals and processes depending on the destination country. In Switzerland, for example, this is required up to 8 days in advance. Following the PWD, the member states are obliged to guarantee, to these employees, certain rights and conditions of employment that are granted to local workers in the host country. The PWD has been enacted into national legislation by all the EEA member states and Switzerland, thus the definition of posting workers can vary and have a broader or more restricted meaning depending on the country. The majority of the time, remote workers are clearly excluded from the scope of these national rules, especially as they do not meet the posting workers main characteristics.
Consequences
· Severe penalties up to €500.000
· Brand damage
Handling of risk
To assess and mitigate risks the following information is needed
· Nationality
· Second nationality
· Reason of stay
· Duration of trip
· Social security
· Previous trips in that country
· Tax payment
In order to assess Posted Worker potential risks a business travel can entail some information is required such as the employee nationality (and second nationality if it's the case), duration of the trip, reason of stay, and social security number which would be required to proceed with the country registration if required. Travelling to some countries for business purposes may require a notification to the local authorities while other activities are exempted.
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Deep-dive articles about Posted Worker Directive
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