Are you familiar with the Mobility Package legislation? Here are a few key points to remind you of your rights and obligations.
Posted drivers are employees who carry out the following operations for a limited period of time in an EU member state other than the one the employer is established in:
● Cabotage: when a driver temporarily carries out domestic transport operations in an EU country other than the one in which his/her company is established.
● Cross trade: Transport operations between two Member States (or between a Member State and a third country) other than your employer’s country of establishment.
● Unladen journey: A journey that is carried out in connection with a cabotage or a cross-trade operation that falls under posting rules.
● Combined transport operations: If the first or last part of a combined transport operation is a cross-trade or cabotage operation, then you are a posted driver only when performing that first or last part.
Before posting
The employer must submit the declaration of posting to the EU country to which the drivers will be posted.
During posting
Employers must ensure that their drivers have the following documents at their disposal:
- a copy of the posting declaration (electronic or paper version);
- evidence of the transport operation(s) which takes place in the host EU country, such as a consignment note;
- tachograph records
After the posting
The authorities of the EU country in which the posting took place may ask to provide:
- payslips and proof of payment;
- tachograph records and time sheets;
- evidence that the transport operation has taken place in host country;
- employment contract.
Payments
Remuneration is calculated differently in each EU country and depends on national legislation. Employers must adjust their drivers’ payments and working terms to comply with the national rules of the country to which they are posted.
If the overall remuneration and working conditions are better in the country you are posted to than in the country where your employer is established, then you are entitled to the higher level of remuneration and better working conditions. If the level is not higher, then the rules of the country of establishment apply.
Source:
https://europa.eu/youreurope/business/human-resources/posted-workers/drivers/index_en.htm
https://www.ela.europa.eu/sites/default/files/2022-08/Posting_of_Drivers_English.pdf
