In this article we are going to explain how WorkFlex handles long-term project PWD notifications by giving a case study example:
Inquiry from the client:
A client approached us, in early September 2024, with the following question: they have a long-lasting project in Belgium. Overall, it will last about a year: roughly speaking, they think there will be a few weeks next October, circa a month at the beginning of 2025 and again a few weeks in the summer of 2025. There might also be some other trips in between, not scheduled exactly yet. They would like us to submit a PWD notification covering the entire project duration.
Our answer:
Unfortunately, we cannot accommodate this request, meaning we are not going to submit a PWD notification from October 2024 to October 2025. In fact, for each trip, a separate Limosa declaration must be submitted.
The compliance reasons behind:
1. PWD notifications must not provide fake information
As a general rule, PWD notifications must not provide fake information. You are required to provide accurate information to the authorities. If a posting is going to last for 2 weeks (e.g. from 1.9.2024 up to 15.9.2024), you must submit a PWD notification for the entire duration, not only for a half of the period. It would not be compliant to only register 1.9.2024 – 7.9.2024. It is exactly the same simple reason why we must not register for longer time. One should not submit a Limosa covering the entire project period, for several reasons: firstly, we would be declaring false information by saying that the secondment lasts longer than planned, and the client could therefore be sanctioned.
2. All compliance documents should reflect the same business trip related information
On top of that, the PWD notification should be aligned / reflect other compliance documents, such as social security certificates. What if you submit a PWD notification for 12 months and require the A1 for 1 month? This might be questioned from the authorities.
3. Application of local working conditions in toto
Furthermore, according to EU law, a posting duration should not exceed 12 months (extendable to maximum of 18 months, in some cases). After that duration is exceeded, all the destination country’s conditions of employment will become applicable. Normally, in the framework of a posting, you only have to comply with some conditions of the destination country, laid down in the European directive on posted workers[1] (such as notably minimum paid annual leave, remuneration, maximum work periods and minimum rest periods) and that WorkFlex illustrates on our “PWD Consequences” documents available on the platform.
Therefore, to go back to the example above, if you submit a PWD notification for such a long duration, and after these 12 months you will have to post the employee again, you will have to be compliant with all Belgian conditions. This would be an additional effort for you: find out about more local labour conditions and comply with those. Why do that if it is not necessary?
[1] Directive 96/71/EC, Art. 3, as amended by Directive (EU) 2018/957