EU Posted Workers Directive Implemented

Effective immediately, Portugal has implemented the 2014 EU Directive on the posting of workers.  Employers sponsoring posted worker for new assignments in Portugal must now notify the Authority for Labor Conditions (ACT) and provide detailed information on the posting.  As this is already ongoing, employers with assignments starting on or after June 1, 2017 should contact their immigration professional for case-specific advice.

New Notification Requirements

Employers based in an EU Member State who post workers for new assignments to Portugal must now notify such postings to the ACT at least 48 hours prior to the start date, whereas this was not required previously.

Employers must provide the following information when notifying the ACT:

• The identity of the service provider;

• The number and identification of the workers to be posted;

• The identity of the liaison person, i.e., the person in Portugal who can be contacted in the event that clarifications on the assignment are required;

• The estimated duration and dates for the start and end of the posting;

• The address or addresses of the workplace; and

• The nature of the services justifying the posting.

The information must be provided in a form and submitted via e-mail to the authorities.  Although no specific deadline has been established yet, changes in the duration or the nature of the post should be notified as soon as they are known.

New Document Retention Requirements

For the duration of the posting, both sending and host companies must keep hard or soft copies of the following documents:

• The employment contract;

• Pay-slips and proof of payment; and

• Records of working time in an accessible place and clearly identified in the Portuguese territory, namely: (1) the workplace referred in the declaration; (2) the construction site; and (3) the basis of operations or the vehicle with which the service is provided.

The documents mentioned above must be in Portuguese language, or accompanied by a sworn and certified translation to Portuguese. Within one year of the end of the posting, the employer must submit the above documents if requested by ACT promptly and without delay. The details of the request process have not been announced.

New Requirement to Designate a Representative

Sending employers must also designate a person to communicate with the ACT or with other institutions in Portugal and to send and receive documents and/or notifications.

What This Means for Employers and Foreign Nationals

Employers and foreign nationals submitting posted worker applications in Portugal will need to take these new requirements into account when preparing the applications.

As this is already ongoing, employers with assignments starting on or after June 1, 2017 should contact their immigration professional for case-specific advice.

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

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].