Posting of drivers

As a rule, drivers carrying out transport operations in EU Member States other than the Member State, where the employer of the driver has its establishment, are posted, with the exception of some specific situations, such as bilateral transports and transit.

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Posting of drivers

The new special rules on Posting of Drivers (Lex specialis) aim at regulating the conditions of posting and remunerations of employees providing services in a European Union Member State other than the one in which their employer is established. The Lex specialis rules recognise that the nature of the road transport sector requires special rules designed for the posting of drivers.

A number of EU Member States have already adopted measures in this area, but this has resulted in a patchwork of non-harmonised and uncoordinated national legislation across the EU.

According to the new EU posting of drivers’ rules, as of 2 February 2022:

  • Lex specialis is the only applicable legal framework for posting of drivers employed by EU road transport undertakings;
  • The IMI Posting Declarations website is the only one to be used by EU operators to introduce posting declarations for their drivers. Requiring operators to submit declarations for their drivers via Member States’ national sites is against EU law.
  • Maintaining and applying national requirements to EU companies and their drivers, even in the absence of national transposition measures, is against EU law

As regards EEA/EFTA countries, Directive 96/71/EC applies in the EFTA/EEA countries, as it was incorporated into the EEA Agreement, whereas the incorporation of Directive (EU) 2020/1057 is still pending.
As for Switzerland, Directive 96/71/EC is applicable pursuant to the Agreement between the Union and Switzerland on the Free Movement of Persons. However, Directive (EU) 2020/1057 is not a part of this agreement.
As for the UK, Directive (EU) 2020/1057 is not directly applicable to EU drivers posted in the UK or to UK drivers posted in the EU. The UK-EU Trade and Cooperation Agreement (TCA) sets specific rules concerning the posting of drivers. Drivers performing cabotage in the UK are to be considered posted in line with art. 463, paragraph 4, with reference to art. 462, paragraphs 3-7 (for EU operators paragraph 7) of the TCA.

Basics on posting of freight transport drivers

Directive (EU) 2020/1057 (referred to below as “the Directive”) lays down specific rules with respect to Directive 96/71/EC and to Directive 2014/67/EU, both of which are legislative acts concerning the posting of workers in the framework of the provision of services. It distinguishes between types of transport operations to which rules on posting should apply and those to which posting rules should not apply. The general criterion for such distinction is the degree of connection with the territory of the host Member State.

More specifically, it results from Directive (EU) 2020/1057 that drivers carrying out transport operations in Member States other than the Member State where the employer of the driver has its establishment are posted when performing the following operations:

  • cross-trade operations – understood as transport operations carried out between two Member States, or between a Member State and a third country, none of which is the country of establishment of the operator carrying out these operations;
  • cabotage operations – understood as domestic transport operations for hire or reward carried out on a temporary basis on the territory of a Member State by an operator established in another Member State.
The driver shall not be considered to be posted when performing:
  • international bilateral transport operations – understood as transport operations based on a transport contract from the Member State where the operator is established (Member State of establishment) to another Member State or to a third country, or from another Member State or a third country to the Member State of establishment;
  • limited additional activities of loading and/or unloading (that is, cross-trade operations as described above) carried out in the context of bilateral operations in the Member States or third countries that the driver crosses;
  • transit through the territory of a Member State without carrying out any activity of loading or unloading;
  • initial or final leg of a combined transport operation, as defined in Council Directive 92/106/EEC, in case the road leg on its own consists of an international bilateral transport operation.

Administrative obligations of the operator before, during and after the posting

Directive (EU) 2020/1057, in its Article 1, paragraphs 11 and 12, specifies the administrative requirements that operators must fulfil to prove compliance with the rules on posting of drivers.
Prior to the posting the operator shall:

  • submit a posting declaration to the authorities of a Member State to which the driver is posted;
  • at the latest at the commencement of the posting;
  • using the multilingual public interface connected to the Internal Market Information (IMI) system;
The content of the posting declaration:
  • the identity of the operator, at least in the form of the number of the Community licence where this number is available;
  • the contact details of a transport manager or other contact person in the Member State of establishment to liaise with the competent authorities of the host Member State in which the services are provided and to send out and receive documents or notices;
  • the identity of the driver, the address of the residence and the number of his/her driving licence;
  • the start date of the driver's contract of employment, and the law applicable to it;
  • the envisaged start and end date of the posting;
  • the number plates of the motor vehicles;
  • the transport services performed (e.g. carriage of goods, carriage of passengers, international carriage or cabotage operations).
During the posting the operator shall:
  • ensure that the drivers have at their disposal the following documents:
    • the posting declaration in paper or electronic form;
    • evidence of the transport operations taking place in the host Member State, such as an electronic consignment note (e-CMR)
    • the tachograph records (in particular country symbols of the Member States in which the driver carried out transport operations).
After the posting the operator shall:
  • no later than eight weeks from receiving the request of the host Member State, send via the public interface connected to IMI the requested documents, such as:
    • tachographs records;
    • consignment notes;
    • documentation relating to the remuneration of the driver in respect of the period of posting;
    • the employment contract;
    • time-sheets relating to the driver's work;
    • proof of payments of driver’s remuneration.

Member States’ authorities may not impose any additional administrative requirements on the operators than those specified in the Directive, in order to check compliance with its provisions.

Conditions of posting and remunerations applicable in the various EU Member States

Europe’s regions are diverse.
Click on the highlighted countries for details

IMI’s public portal on posting declarations

The portal allows operators to submit posting declarations to the Member State(s) where their drivers will be posted, and to receive requests from and submit documents to the Member State(s), in which their drivers have been posted.
Operators have to create first an EU Login and only then enter the portal to create their company account, which would allow them to register their drivers and create posting declarations.

EC PUBLIC INTERFACE TO ENTER POSTING DECLARATIONS

  • For Training - here. The website is for training purposes only and its objective is to enable operators to test the portal before using it for professional purposes. Login accounts can be created at https://ecas.acceptance.ec.europa.eu/cas/eim/external/register.cgi.
  • For Production - here – For reminder, companies can start creating their company accounts, enter their drivers, and create posting declarations, but they can be able to submit these declarations as of 2 February 2022.
  • Operators can obtain additional information and clarifications here.
As of 2 February 2022, this portal is the only place where EU-registered operators have to submit posting declarations for their drivers to EU Member States.
Third country operators willing to apply for posting declarations may continue to use the EU Member States’ national websites.