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Traveler Compliance – Minimize employer liability risks when sending employees abroad and on business trips.

The EU member states have now largely implemented the defined requirements of Directive 2014/67/EU, which enforces the Posting of Workers Directive 96/71/EC, into national law. This regulation leads to new reporting and registration obligations for cross-border assignments of employees within the EU.

Objective of the reporting and registration obligations

The main objective of the reporting requirements for staff assignments in the EU is to ensure compliance with minimum standards regarding the following issues:

  • Minimum wage
  • Working hours
  • Vacation regulations
  • Safety, health and hygiene at work and
  • Conditions for temporary employment

Status quo

Do not act overly motivated, do not push into foreign markets at any cost, but take the time in advance to ensure that, in the case of cross-border activities, only national borders – and not legal ones – are crossed!

In the worst case, violations may result in the following sanctions/penalties:

  1. Sanction payments
  2. statutory penalties
  3. Entry bans
  4. Claims for damages from employees in the event of breach of duty of care
  5. Exclusion from the local market
  6. personal liability of the management
  7. Irreparable reputational damage
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Goal definition
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Process creation
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Implementation

Many things can be applied for and completed from the home country before a short- or long-term assignment abroad. Important documents should be made available to employees right from the start.

Challenge of reporting and registration processes

  • There are no uniform reporting processes for the countries
  • In some cases, companies must first register themselves in the respective country—only then can the employee be registered. The customer in the host country must also be registered.
  • Different lead times must be taken into account when reporting
  • Early terminations must be changed
  • Compliance with waiting periods for registration and reporting of work assignments
  • Provision of specific working documents in the host country, if necessary by a legal entity
  • Country-specific documents must also be kept for the duration of the assignment
  • Appointment of a responsible contact person in the host country
  • Provision of information and documents upon request to the competent supervisory authorities

How can we support you

  • Development and implementation of a uniform process for monitoring and tracking business travelers for the key points of reporting and registration procedures, visas, work permit procedures, taxes and employer due diligence
  • Overview of the different reporting processes & requirements
  • Implementation of reports in accordance with legal provisions
  • Provision of a legal representative
  • Management Reporting
  • Providing the necessary technology & IT tools for secure data exchange

The demands on global mobility are constantly growing.

Due to increasing numbers of short-term employee assignments, business trips and cross-border assignments and the associated higher legal requirements, companies need more transparency regarding the travel activities and assignments of their employees in order to be able to act in a timely manner.

The knowledge of country-specific conditions forms the basis for compliance with all legal requirements regarding the deployment of employees.

Our Global Tracker, in combination with our teams of experts, supports companies and their employees in complying with entry and registration procedures, visa requirements, work permits, social security requirements, tax issues and employment law questions.

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