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Tanel Feldman i Ewald Oberhammer lead workshops on second day of the ELMC

Posting of Workers- post arrival compliance – as simple as COMIC

The program of the second day will include several practical workshops conducted by outstanding experts and lawyers specializing in labour and social security law. Workshops focus on selected EU Member States and selected types of service.

Below are the topics of the workshop hosted by COMIC. It will be represented by Tanel Feldman and Ewald Oberhammer (partners at COMIC). Oberhammer Rechtsanwälte GmbH specializes in the field of immigration and labor law, particularly related to the employment of foreigners in Austria and international secondments to Austrian companies, as well as with private international clients who wish to establish a company in Austria.

The concept of post arrival compliance
Any cross-border provision of services must be prepared before the posted worker concerned crosses the border of the host Member State. Defining the posting scenario and determining any necessary redundancies, identifying the relevant applicable collective agreement (in the host Member State), determining the terms and conditions of employment that will compulsorily apply during the posting, drafting the letter of assignment and terms of reference, notifying the competent authority in the host Member State of the posting (and appointing a liaison person), and finally, applying for an A1 certificate.

That preparatory phase gives rise to certain documents: the letter of assignment that must contain inter alia a breakdown of the remuneration, the posting notification, and the A1 certificate.

Such documents, and additional recurrent documents relating to the posted worker’ remuneration, must be kept or made available (and/or copies retained), in paper or electronic form, during the assignment period and after its completion (see the host MS ‘national law transposing Art 9 Directive 2014/67).

The following recurrent documents are laid down by Article 9.1(b) Directive 2014/67/EU:

  1. time-sheets indicating the beginning, end, and duration of the daily working time ,
  2. payslips,
  3. proof of payment of wages,

Labour inspections will ascertain whether:

  1. all mandatory documents are retained
  2. their content is in accordance with the host MS’ national law/relevant applicable collective agreement (etc.)

Post arrival compliance means granting that the factual performance of a posting scenario complies with the host MS’ national law transposing Directive 96/71/EC as amended, and its enforcement Directive 2014/67/EU.

Managing post-arrival compliance

How to manage post-arrival compliance in the real “posting world”: numerous workers posted and frequent short-term assignments to different MS? (often, wage documents must cover work in the home MS and in different host MS, during the same month).

The Center of Corporate Migration (COMIC), has developed an EU-wide solution: Compliance monitoring and management software – digitalisation and knowledge hand in hand:

  1. Legal assistance regarding posting of workers from EU/EEA/Switzerland with 26 partnering firms in 26 MS
  2. Working time records with the mobile app Comic Go
  3. Remuneration check
  4. Monitoring of the duration of the posting considering the replacement condition
  5. Structured gathering and record keeping of payroll documents
  6. Automatic reminders
  7. Automatic monitoring
  8. Documentation reports for a large number of employees on demand
  9. Flexible access by HR and posted employees

Tanel Feldman i Ewald Oberhammer will present this solution at the practical workshop on Tuesday, 25th April 2023 on European Labour Mobility Institute

About the European Labour Mobility Congress

VI European Labour Mobility Congress, Krakow 2019: conference, posting of workers in the framework of the provision of services, Enforcement Directive, revision of the Directive 96/71/WE, coordination of social security systems, yellow card, mobility package. Starting this year, the final conference in Krakow has been preceded by a series of smaller events called WarmUps!more > > >

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