Our website often features articles describing how to declare the posting of workers to individual EU countries. However, it may turn out that they will become obsolete. Indeed, there are plans to introduce a single, common platform for all Member States to notify the posting of employees.
1. European Commission Project
The European Commission has launched an initiative to create a single, common for the entire EU online portal designed to declare the posting of workers. This portal would replace the notification systems operating in individual EU countries. Currently, each Member State has its own individual notification system. They differ not only in the form in which the declaration is made (e.g. in Austria, notification is submitted through an interactive form and no user account needs to be created to send the declaraction, while the posting to France shall be declared via the online portal where a user account is created to send the notifications), in the scope of data provided in the declaration (e.g. in the notification to Belgium, it’s necessary to provide the planned working time schedule, while this information isn’t required when declaring posting to Germany), and even in the deadline for submitting the notification (in Italy, the declaration shall be made no later than 24 hours before the planned start of work, while in France, the notification may be made on the day the work begins).
In connection with plans to create a common notification platform, the European Commission started work on the adoption of a regulation on the public interface linked to the Internal Market Information System for the declaration of the posting of workers and amending Regulation (EU) No 1024/2012.
2. Positve evaluation
The European Commission’s project has been positively evaluated by representatives of doctrine and practice. Indeed, it is indicated that it will allow to reduce formalities and bureaucracy related to the posting of workers. It will also contribute to limit the costs – both those incurred by posting employers and by the authorities of Member States. Moreover, it is pointed out that one common notification portal may facilitate closer cooperation between EU countries and improve the protection of the rights of posted workers.
3. Voluntariness
According to the announcements, the use of the portal will be voluntary. In other words, it will be up to the individual Member States to decide whether to use the portal. Unfortunately, this may be the biggest drawback of the project. It is very likely that not all EU countries will decide to use the common portal. Consequently, a situation may arise where two notification systems will operate simultaneously – a general one and national one.
4. Legal notice
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