The European Commission has set up an expert group on posting of drivers. Bartłomiej Zgudziak, INELO expert, was selected as a member of this group. The group will assist the European Commission, in particular, by providing advice and support in the development of guidelines and will support the exchange of experiences and good practice in the field of social legislation regarding the posting of drivers in the road transport sector.
Posting rules from 2 February 2022
Rules for posting of drivers engaged in international road transport, which will apply from 2 February 2022, detail provisions related to the application of employment conditions in the host country. Pursuant to the new provisions, drivers performing bilateral transport services from/to the Member State of establishment of the undertaking making the posting and certain cross-border transports in connection with bilateral transport, as well as drivers only crossing the territory of a Member State, are not considered to be posted. In other cases, the posting declaration should be submitted via the public interface connected to the Internal Market Information System (IMI), and the company will have to ensure the remuneration conditions of the host country. The practical implementation of these principles, including administrative requirements and control measures, raises numerous questions within the sector and the executive community, as well as in the Member States that are preparing transposition measures. In order to achieve the objectives of the existing legislation, it is extremely important to ensure a common understanding and correct application of the rules.
Expert group on posting of drivers
To assure this, the Commission’s Directorate-General for Mobility and Transport (DG MOVE) has decided to set up an Expert Group on Posting of Drivers, which will facilitate the regular exchange and investigation of cases in which differences in understanding, application and enforcement arise. The group aims to provide a harmonized understanding of the EU provisions on the posting of drivers in road transport and to promote a common approach to their implementation. The common approach is designed to prevent operators and drivers from being penalized for unintentional non-compliance with the applicable provisions due to their misinterpretation. It will also help to ensure uniform enforcement by enforcement bodies across the European Union.
Thanks to participation in the meetings of the Expert Group, INELO clients will be kept informed about the adopted guidelines regarding the new regulations, which will help to avoid possible penalties during future inspections.