What is a "Posted Worker"?
A "Posted Worker" is an employee who is sent by their employer to work temporarily in another country (usually within the same company or group of companies). The term is commonly used in the context of the European Union (EU) and refers to situations where an employee from one EU member state is posted by their employer to
work in another EU member state. This arrangement is short-term, typically for a specific project or timeframe.
What is the "Posted Worker Directive"?
The "Posted Worker Directive", short PWD, is a European Union regulation that safeguards the rights of these employees who are temporarily sent to work in another EU member state. It aims to ensure fair treatment, equal working conditions, and protection of workers' rights, including aspects like renumeration, working hours, and health and safety standards.
The directive requires host countries to apply local labor regulations to posted workers to prevent social dumping and maintain a level playing field in the single market. Employers must adhere to the directive's provisions to guarantee the well-being and rights of posted workers while promoting fair competition and cross-border labor mobility.
The following rights are protected by the PWD:
Working Conditions: Ensures that posted workers receive fair and equal working conditions compared to local employees in terms of working hours, rest periods, and holidays.
Renumeration: Guarantees that posted workers receive equal pay for equal work in the destination country.
Health and Safety: Ensures that posted workers have a safe and healthy working environment, adhering to the health and safety standards of the host country.
Social Security: Protects the rights of posted workers by ensuring access to social security benefits, such as healthcare and pensions.
Employment Rights: Safeguards employment rights, including protection against discrimination, freedom of association, and collective bargaining.
In which countries does WorkFlex support with PWD notifications?
WorkFlex currently requests PWD for notifications in the following countries:
Austria
Belgium
Bulgaria
Cyprus
Croatia
Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece
Hungary
Iceland
Ireland
Italy
Latvia
Lithuania
Liechtenstein
Luxembourg
Malta
Netherlands
Poland
Portugal
Romania
Slovakia
Slovenia
Spain
Switzerland
Sweden
Further countries are being planned.
No-risk coverage is applicable for these countries, indicating that if a compliance risk materializes, WorkFlex will undertake the financial liability. This is subject to the contractual terms and conditions previously agreed upon with the customer.
IMPORTANT: Certain lead times need to be respected in order to handle the PWD notification on time:
General: min. 3 working days before start of trip
Belgium: min. 3 working days before start of trip (also applies for workation)
Switzerland: min. 3 calendar working days before start of trip + 8 calendar days (notice period)
Croatia, Cyprus, Greece, Poland and Romania: min. 12 calendar days before start of trip
Which information do I have to provide for a notification?
First of all you need a fully completed WorkFlex profile.
If your internal travel management system (TMS) is connected with WorkFlex, WorkFlex will automatically pull all the necessary data from your booking confirmation. You don't need to enter another request on the platform!
Please note: if you make a business trip by car (rent-a-car or company car), please DO enter your trip manually on the WorkFlex platform in the "My Requests" section.
Or, in case you are not using a TMS, you have to create and submit your travel compliance request manually on the WorkFlex platform.
Based on your trip details together with the information in your profile, the system will detect if the Posted Worker Directive (PWD) appliess and additional information about your trip is needed. You will then automatically and intuitively be guided through additional questions about your trip and its purpose.
In case the PWD does not apply, these questions will not be asked and the system is fine with the trip destination and the travel dates.
Please note: WorkFlex does not do PWD notifications for the following country:
Norway
WorkFlex does not do PWD notifications but no-risk coverage applies for trips with a duration of 1 - 5 days