EU notifications/ secondment notification

EU notification

„Posting of employees abroad“

The aim of the registration obligation is „Same work - same place - same pay“

The main objective of the EU registration obligations in the context of employee assignments in the EU or EFTA states is to ensure compliance with minimum standards in the destination country with regard to the following topics:

• Minimum wage
• Working hours
• Leave arrangements
• Safety, health protection and hygiene at the workplace and
• Conditions for the hiring of employees

Background of the EU reporting obligation

The EU notification requirements apply to posted workers, whose whereabouts must be reported to the labor authority, the social security authority or the occupational health and safety authority, depending on the country.

Since 2016, the member states have transposed the defined requirements of Directive 2014/67/EU on the enforcement of the Posting of Workers Directive 96/71/EC into national law.

A1 certificate versus EU notification

Please note that regardless of whether an EU notification is required or not, the traveler must always carry an A1 certificate.

Notification and sanctions

Depending on national regulations, business trips must be reported in advance from the first day of travel and comprehensive documents (including employment contract, payslips and supporting documents, health certificate) must be provided.

Failure to comply with the reporting obligation leads to considerable sanctions and far-reaching consequences:

Sanction payments

legal penalties

Entry bans

Claims for damages from employees for breach of duty of care

Exclusion from the local market

Solution

The Österreichische Visa und Konsular Gesellschaft (ÖVKG) provides you with a tangibly simple process with which you can complete the EU declaration with just a few entries. The ÖVKG keeps the regulations up to date for you and, if desired, establishes a connection to legal experts (e.g. social security and tax lawyers).

Use a tangibly simple application process

The EU notification, A1 certificate, visa and legalization – all from a single source:

The ÖVKG supports you in the EU notification process on the following topics:

• Determining whether an EU notification obligation exists
• Performing the notification, including possible company registration
• Collection of the notification documents
• Provision of representatives
• Dispatch / provision of the set of documents for the EU notification

If you have any questions, please contact Ms. Karin Mogy from the ÖVKG by telephone on 01/361 55 20 or by e-mail at sendings@oevkg.at .

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Here you will find the most important FAQs:

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