Mobility package: new regulations in force since 2 February 2022

Since 2 February 2022, the new rules on the posting of lorry drivers have been in place as announced in the publication of the Official Journal of the European Union on 31 July 2020.

After 18 months of waiting, the measures imposed by the “mobility package” reform have been deployed throughout the territory of the EU. Not only are they a major shakeup to the rules, impacting transport professionals, but these regulations also aim to reduce illegal employment and combat fraud to further protect lorry drivers.

This means many rules specific to the posting of lorry drivers are established by Directive (EU) 2020/1057 of the European Parliament of 15 July 2020.

How do these new measures apply?

Who is affected by the new measures?

Any driver working in the road freight or passenger transport sector is affected by these measures.

Exceptions

A driver is not considered a posted employee if they fulfil one of the following two conditions:

• The driver carries out bilateral operations
• The driver transits through an EU Member State without carrying out any loading or unloading of goods.

As such, a posting does not need to be declared.

What changes does this new directive bring to the posting of lorry drivers?

This directive introduces new rules on the posting of road hauliers. Indeed, since 2 February 2022, the following measures below have been in place:

• The remuneration of posted drivers must be based on the applicable remuneration rules of the host Member State where their activities are carried out
• There is no longer a requirement to appoint a representative in the host country who speaks the language of the authorities in case of an inspection of the posted employee or the posting company
• Posting declarations/certificates issued through national systems are no longer required (e.g. for France, the SIPSI declaration)
• A single European portal now exists to harmonise administrative formalities at European level through a secure portal connected to the internal market information system (IMI). This portal has been active since 2 February 2022.

Note the following:

• Since 2 February 2022, national systems are no longer valid for the posting of drivers subject to the European harmonised system
• The posting certificates issued by the national systems ceased to be valid on 2 February 2022. However, the certificates as well as acknowledgements of receipt remain available to serve as proof in the event of a dispute over an inspection
• Since 2 February 2022, it has been compulsory to submit a new posting request for current postings via the single European portal.

To learn more about these new rules, see our dedicated article.

Why set up a single European portal?

Through the establishment of a single portal to make a prior request for the posting of workers, the operators of posted drivers can group together all the required documents if the authorities of the host country wish to conduct an inspection.

Each posting company can only have one access account. That being said, multiple users with the same attributions can manage the account.

Furthermore, this management tool facilitates checks by the authorities of the host Member State, in conjunction with the authorities of the country where the posting company is based. Checks will be carried out through the platform with the sending of notifications.

Finally, the European portal promotes multilingual exchanges between posting companies and the authorities, as well as between the authorities themselves. Companies wishing to post employees no longer need to make a request in the language of the country where the employee will be posted; they can now choose their language.

Indeed, the platform provides a multilingual form for users to submit a declaration in one of the 24 official languages of the European Union. A translation will then be produced. The same applies to exchanges made via the portal. They are automatically translated into the desired language, whether the company, the authorities of the host country or those of the country where the posted driver is established are concerned.

What are the requirements for operators (employers) to post lorry drivers?

Reporting requirements

A posting declaration must be filed by the operator via the European portal. The posting period ranges from one day to a maximum of six months. In addition, a QR code must be transmitted by the European portal to the State where the driver is posted at the latest at the start of the posting.

A posting declaration therefore needs to be filed for each driver. There are several options for this: 

• Either file a single declaration for six months for a driver with all their postings during this period
• Or file a request for one driver and for each posting.

Note that if a driver is posted to several countries, the operator must file a posting declaration for each country.

It is therefore preferable for the operator to make a declaration for each driver, country and posting.

In addition, the declaration must include the following information:

• The operator’s identity
• The contact details of the transport manager or another contact person in the country of establishment
• The driver’s identity, residential address and driving licence number
• The start date of the contract and the law applicable to the contract
• The duration of the posting with the start and end dates of the posting
• The vehicle’s number plate
• The type of transport: goods/people/international/cabotage, etc.

To make any changes, additions or corrections to a declaration, the employer has to visit the European portal. They can also copy the information from a previous declaration to create a new one. This saves them from having to enter all the details for a declaration with the same information. All they need to do is enter the new information.

In addition, the documents required for a posting must be provided by the operator within eight weeks of making their request. Once this period is over, the supervisory authorities of the host country will approach the authorities of the country where the company is established. They will contact the company to obtain the requested information.

Requirements for drivers

The employer must ensure that the driver has the following documents with them, in paper or electronic format: 

• A copy of the posting declaration with the QR code
• Proof of transport permits
• Tachograph records.

Requirements in the event of an inspection

If the authorities wish to conduct an inspection, the operator must send the following documents via the single European portal:

• Proof of transport permits
• Tachograph records
• Documents relating to the posted driver’s remuneration for the posting period in question
• The employment contract or any other equivalent document, as well as the time sheets relating to the driver’s work
• Proof of payment.

The European Commission and the European Labour Authority regularly ensure that the most detailed information possible is provided.

For further information on this change in regulations, contact our experts.

ASD SPW also assists you with the posting of workers in various fields of activity such as construction, viticulture or trade. We take care of all your administrative procedures related to the posting of employees.