Amendments to postings regarding drivers in the road transport sector

New EU rules implement a European platform regarding the posting of professional drivers.

From 2 February 2022, the national reporting systems for the posted worker notifications for professional drivers in the road transport sector are abolished. Postings must then be reported via a uniform Europe-wide platform (https://www.postingdeclaration-training.eu/landing).

Companies can register on this platform and as of 2 February 2022 must submit an (electronic) posted worker notification for each posting prior to its start at the latest. The posted worker notification must contain the following information:

  • identity of the company (community license, if available)
  • contact details of the transport manager or other contact person in the country of origin to get in contact with the authorities of the host country (sending/receiving documents/notifications)
  • identity, home address and driver’s license number of the driver
  • start date of the driver's employment, including applicable employment law
  • planned start and end dates of the assignment
  • official registration number of the motor vehicles
  • indication of whether the transport service is carriage of goods, carriage of passengers, international carriage or cabotage

Companies must also ensure that certain documents are available to the driver in paper or electronic form, which must be carried by the driver and made available on request during the roadside check. These are, in particular, a copy of the posted worker notification, the transport documents, documents concerning the driver's remuneration during the period of posting, the employment contract or equivalent documents, time sheets concerning the driver's working time and proof of payment.

Please note that existing posted worker notifications that are valid beyond 2 February 2022 must be re-submitted in the new Europe-wideplatform.

 

Ewald Oberhammer

Ewald Oberhammer

Attorney-at-Law, Partner
CV
Valentina Arnez

Valentina Arnez

Attorney-at-Law, Partner
CV