Imminent administrative simplifications in posting of workers

A delegation of representatives and members of the FEDIL and the clc met on October 16, 2017 with Nicolas Schmit, Minister of Labor, Employment and Social Economy and solidarity, and Marco Boly, Director of the Labor and Mining Inspectorate, to make them aware of the practical difficulties faced by companies since the implementation of the new law of 14 March 2017.

Indeed, our companies have had to notice that, in the face of the additional costs and delays related to the reinforcement of reporting obligations, their foreign service providers more and more often refuse to carry out orders or invoice considerable supplements, especially for short-term activities such as deliveries, installations, repairs or maintenance.

Our interlocutors showed a great concern for these problems. As a first step, the requirement of a prior declaration has been suspended since the beginning of the year for cross-border transport. In addition, the minister has just submitted a draft bill to reform the current legislation on posting.

It is intended to exempt from the mandatory prior declaration, qualified or specialized employees of the company established abroad who come to Luxembourg to carry out maintenance or repair work on machines, provided that the duration of the work in question does not exceed 5 calendar days per month.

The same applies to employees of the company established abroad who come to Luxembourg to carry out activities as a trainer, lecturer or speaker or to attend training courses, conferences or working meetings, provided that these activities do not exceed 5 calendar days per month.

Only the construction sector will not be exempted.

While there are some gaps in the text that will need to be addressed during the legislative process, including through the comments we invite you to send to us, we welcome the proposed changes that respond to our requests.

We thank all the participating companies without which it would not have been possible to provoke such effective and rapid reactions.