Guidance on the posting of workers in the framework of the provision of services

The Communication gives guidance on four measures and establishes in particular that there is:

• no obligation for a service provider to have a permanent representative on the territory of the host Member State
• no prior authorisation can be required by the host country for the posting of workers, but service companies may have to obtain a general authorisation in certain sectors when rendering services in another Member State
• the possibility for Member States to ask for declaration on the posting of workers prior to the beginning of work,
• to facilitate controls in the host countries the need for service providers to keep social documents such as time-sheets or documents related to health and safety conditions at the place of work

In other terms, host Member States have to ensure that the conditions of employment as set out by the posting directive are applied to workers posted to their territory. They can require from foreign service providers to comply with certain control measures, provided that these do not restrict the free movement of services.

Likewise, the national authorities of the countries of origin have to cooperate in good faith with the authorities in the host Member States.They should provide them with all the information required to enable them to perform their control duties and fight illegal practices.