Representation under European decrees

Germany

From 1 January 2015, Germany has entered a law under which foreign carriers providing transport services on German territory (cabotage, international transport to and from Germany, transit of goods through Germany) shall be paid the established minimum wage and obligated to submit declarations confirming compliance with such a requirement.

In addition to the application of the minimum wage, the law also includes requirements for carriers to notify in advance (in German) the German authorities of their operation in the country, to submit accounting data on wages and working time, etc.

We provide comprehensive representation services for the application of the minimum wage in Germany:

• completion of declarations confirming compliance with legal requirements.
• supervision of declarations (we will inform when certificates expire, renew them on time).
• timely provision of information related to changes in the law, minimum wage.
• timely provision of relevant information on the requirements applicable to persons travelling to Germany.
• consultation during inspection or application of fines.

France

From 1 July 2016, the French law (Loi Macron), which governs the remuneration of posted workers and the procedure for submitting the necessary documents to the responsible authority, entered into force. The provisions of this law apply to cabotage and bilateral transport operations regardless of direct contractual terms, and the exception is provided only for transit. Companies operating and posting their workers on French territory must have their official representative in France. The representative can only be a resident of France or a company registered in France.

We provide comprehensive minimum wage declaration and representation services in France:

• provision of a competent representative (French law firm).
• completion and submission of declarations.
• supervision of declarations (we will inform when certificates expire, renew them on time).
• timely provision of information related to changes in the law, minimum wage.
• consultation during inspection or application of fines.

Netherlands

On 3 December 2019, the Netherlands has adopted legislation implementing the EU Directive of 1 March 2020 on working conditions for posted employees which obliges foreign carriers and self-employed drivers transporting to or from the Netherlands or carrying out cabotage on its territory (excluding transit) to submit declarations on the application of minimum wage and to appoint a contact person in the Netherlands.

We provide representation services which include:

• provision of a competent representative (Dutch law firm).
• completion of declarations.
• supervision of declarations (we will inform when certificates expire, renew them on time).
• timely provision of information related to changes in the law and the applicable minimum wage in the Netherlands.
• timely provision of relevant information on the requirements applicable to persons travelling to the Netherlands.
• consultation during inspection or application of fines.

Italy

From 27 December 2016, Italy introduced the Decree adopted by the Italian Government on 17 July 2016 imposing additional obligations on foreign carriers carrying out cabotage on the territory of the country. In accordance with the provisions of the mentioned law, carriers which are not registered in Italy and carry out cabotage on its territory are subject to an obligation to apply the minimum wage valid in that country and to appoint an official representative in Italy. Companies posting workers to Italy must have an official representative in Italy to represent the company’s interests in relations with the Italian authorities.

We provide comprehensive declaration and representation services:

• provision of a competent representative (Italian law firm).
• completion and submission of declarations.
• supervision of declarations (we will inform when certificates expire, renew them on time).
• timely provision of information related to changes in the law and the applicable minimum wage.
• timely provision of relevant information on the requirements applicable to persons travelling to Italy.
• consultation during inspection or application of fines.

Denmark

On 1 January 2020, Denmark introduced the Law on drivers’ wage in Denmark which was adopted by the Danish Parliament on 9 June. A foreign company carrying out cabotage for the carriage of goods, passengers and combined transport operations must pay its employee the hourly rate fixed in Denmark.

We provide comprehensive declaration services:

• completion and submission of declarations.
• supervision of declarations (we will inform when certificates expire, renew them on time).
• timely provision of information related to changes in the law and the applicable minimum wage.
• timely provision of relevant information on the requirements applicable to persons travelling to Denmark.
• consultation during inspection or application of fines.

Austria

From September 2015, Austria applies legislation which provides control of the application of minimum wage corresponding to one fixed in Austria to foreign carriers engaged in cabotage or international transport.

We provide comprehensive minimum wage declaration services in Austria:

• completion of declarations.
• supervision of declarations (we will inform when certificates expire, renew them on time.
• timely provision of information related to changes in the law and the applicable minimum wage.
• timely provision of relevant information on the requirements applicable to persons travelling to Austria.

consultation during inspection or application of fines.

Belgium

On 14 September 2017, the Royal Decree of Belgium entered into force, according to which transport companies which are not established in Belgium and which carry out cabotage operations on Belgian territory must declare the application of the minimum wage within the company.

We provide comprehensive representation services for the application of the minimum wage in Belgium:

• completion and submission of declarations.
• supervision of declarations (we will inform when certificates expire, renew them on time).
• timely provision of information related to changes in the law, minimum wage.
• timely provision of relevant information on the requirements applicable to persons travelling to Belgium.
• consultation during inspection or application of fines.