New Online Platform and Document Retention Requirements for Posted Workers

The situation

Employers with posted workers are subject to new rules.

A closer look

Following the implementation of the EU Directive, employers of posted workers are now subject to:

• A new online platform for posted worker notifications;
• The requirement to obtain a ‘social badge’, which is a document generated when an employer registers a seconded employee on an online platform;
• New document retention requirements; and
• Stricter rules regarding notifications.

 

New online platform

The Inspectorate of Labor and Mines, which oversees work conditions and other labor-related issues, has launched an electronic platform for employers to submit notifications regarding their employees. The home employer was previously required to submit a notification by mail, which took longer to process the notifications.

New document retention requirements

The employer must maintain hard or soft copies of the following new documents at the workplace for the duration of the posting, and up to 10 years after the end of the posting:

• Identifying details of the sending entity;
• Identifying details of the posted worker;
• Employment contract;
• Secondment declaration;
• Proof of social security coverage;
• Medical certificate;
• Proof of work authorization, if required;
• Proof of residence authorization, if required;
• Certificates, or alternatively an employer’s formal statement, showing the professional qualifications of the employee;
• Payslips and proof of payment;
• Timesheets;
• Declaration on part-time/fixed-term work, if applicable;
• Business license, where necessary, issued by the small and medium sized companies (‘PME’) department of the Ministry of Economy; and
• The VAT (tax) number certificate issued to the sending company;

These documents must be available in French or German. 

Fragomen can assist with the notification process and ensure that employers fully comply with the new requirements.

Stricter requirements

Lastly, the immigration authorities have implemented the following stricter requirements for posted workers:

• Posted workers must now carry their ‘social badge’ at all times; 
• Notifications are also mandatory for foreign nationals employed by a non-EU employer;
• Notifications are now required for activities lasting only a few hours; and
• Notifications are now required for employees at each individual work site.

 

What this means for employers

Employers should contact their immigration professional to determine whether their employees are subject to the new posting requirements in Luxembourg, and whether they are compliant with respect to their Ministry of Economy and VAT Administration notifications.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].