stricter rules for postings to luxembourg

30 May 2017

by Hannelore Durieu and Stephanie Vanmarcke

Stricter rules for postings to Luxembourg

Stricter rules for postings to Luxembourg

Do you sometimes post workers to the Grand Duchy of Luxembourg? You will then be required to submit in advance an electronic declaration to the Luxembourg Labour Inspectorate. Although the prior declaration has already been in existence for some time, it has recently acquired a legal character.

The electronic declaration must include the following information:

  • Identification details of the company concerned
  • Commencement date and planned duration of the secondment
  • Place of employment in Luxembourg
  • Name of the contact person in Luxembourg
  • Personal details of the workers and their position in the company
  • Copy of the employment contract and the posting agreement
  • EU posting form A1
  • Official documents with the professional qualification of employees

Under the new law, an additional four documents must also be submitted to the Labour Inspectorate:

  • Payslips and evidence of payment for the full duration of the posting
  • Time records indicating the start and end dates and the daily working hours
  • Copy of the medical certificate upon recruitment issued by the competent health and employment services
  • Copy of residence document for all non-EU nationals who are posted

All documents must always be translated into French or German. Additionally, the electronic declaration always generates a 'social badge' that the posted employee must keep. When carrying out checks, the Inspectorate scans the QR code on the social badge to verify compliance with the above obligations.

Despite the fact that all documents are collected on an electronic platform, the foreign company must still appoint a contact person in Luxembourg. However, his/her task is limited to possible contact with the Labour Inspectorate.

If you have any additional questions, please do not hesitate to contact one of our specialists via contact@vdl.be.

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Hannelore Durieu

Stephanie Vanmarcke

Team Manager International stephanie.vanmarcke@vdl.be

In our opinions, we rely on current legislation, interpretations and legal doctrine. This does not prevent the administration from disputing them or from changing existing interpretations.