Application of Directive (EU) 2020/1057 of the European Parliament and of the Council of 15 July 2020 laying down specific rules in relation to Directive 96/71 / EC and Directive 2014/67 / EU on the posting of drivers in the road transport sector and amending Directive 2006/22 / EC as regards compliance requirements and Regulation (EU) No Regulation (EC) No 1024/2012 substantially modifies the way in which the postings of road transport drivers are notified.
1. The guest employer’s obligation to notify the posting of a road transport staff member
This Directive lays down the obligation for posting employers to notify the posting of workers in the field of road transport through a public interface linked to the Internal Market Information System (hereinafter “Road Transport – Posting Declaration”), established by Regulation (EU) No 182/2011. 1024/2012.
The announcement of the posting of an employer whose posted employees are drivers in the field of road transport is regulated in the context of Slovak labor law in the Act no. 351/2015 Coll. on cross-border cooperation in the posting of employees to perform work in the provision of services and on the amendment of certain laws (effective from 02.02.2022), which transposes the provisions of a part of the above directive (hereinafter “Act No. 351/2015 Coll.”).
Link for the version of Act no. 351/2015 Coll. effective from 02.02.2022:
According to the Section 4a of the Act no. 351/2015 Coll. hosting employer (employer posting employees from the Member State of establishment to the territory of the Slovak Republic), if his posted employee is a driver in the field of road transport, is obliged to notify the National Labor Inspectorate on a uniform form via the Road Transport – Posting Declaration portal no later than on the day of posting:
a) its business name and registered office, if it is a legal entity, and its business name, name and surname and place of business, if it is a natural person,
b) its identification number, if assigned, the register in which it is entered and the Community license number,
c) the name, surname, e-mail address and address of the person authorized to serve the documents and to provide information to the National Labor Inspectorate and the Labor Inspectorate who will be located in the territory of another Member State in which the visiting employer is established (hereinafter “foreign contact person”),
d) name, surname, date of birth, place of permanent residence, citizenship and driving license number of the posted employee,
e) the date of commencement of the posted employee’s employment and the applicable law applicable to his contract of employment,
f) the day of the start and end of the posting,
g) registration number of the motor vehicle used for dispatch,
h) an indication of whether the transport services are performed as a carriage of goods or passengers and as an international carriage or cabotage operation.
The hosting employer is obliged to immediately notify the National Labor Inspectorate on a uniform form via the Road Transport – Posting Declaration portal any change in the above mentioned data.
2. Other obligations of the hosting employer during the posting
The hosting employer is obliged to ensure that the posted employee, who is a road transport driver, keeps with him during the posting:
a) a copy of the notification made through the Road Transport – Posting Declaration portal
b) a document confirming that the transport services are performed in the Slovak Republic, in particular an electronic consignment note or a document pursuant to a special regulation (Article 8 (3) of Regulation (EC) No 1072/2009, as amended.)
c) the tachograph records, including the identification of the other Member States in which the posted worker was present when performing the transport services, in accordance with the requirements for registration and record keeping according to special rules (Regulation (EC) No 561/2006 of the European Parliament and of the Council , Regulation (EU) No 165/2014 of the European Parliament and of the Council, as amended.)
3. The obligation of the hosting employer to provide information at the request of the National Labor Inspectorate
At the request of the National Labor Inspectorate, the visiting employer is obliged to send the following documents on the standard form via the Road Transport – Posting Declaration portal no later than within eight weeks from the date of delivery of the request:
a) copies of documents confirming that the transport services are performed in the Slovak Republic, in particular an electronic consignment note or a document according to a special regulation and tachograph records, including identification of other Member States in which the posted worker was in the transport services, in accordance with registration requirements and record keeping according to special regulations,
b) a copy of the employment contract or other document confirming the employment relationship with the posted employee, who is a driver in the field of road transport,
c) proof of salary paid to the posted worker, who is a road transport driver, for the work performed during the posting,
d) records of the working time of the posted employee, who is a driver in the field of road transport, to the extent specified in a special regulation.
4. Procedure for registering the employer and notifying the posting of the employee in the Road Transport – Posting Declaration interface
The Road Transport – Posting Declaration is a multilingual mechanism set up by the European Commission to report postings and communicate with the labor inspection authority in the country of posting. To use this system, you must first create an EU login account and then use this account to create a company account in Road Transport – Posting Declarations.
First of all, you need to visit the Road Transport – Posting Declarations page:
From the Road Transport – Posting Declaration page, after clicking on “Create an account”, you will be prompted to log in / create an EU login account. After clicking “Continue” you will be redirected to the EU login page, where it is possible to create an EU login account after clicking on the “Create an account” option. To create an EU login account, you need an e-mail address, first name, last name of the user and selection of the preferred language. After filling in the data, you will receive information on the e-mails you entered with a request to create a password for this account.
After successfully setting up an EU login account, it is then necessary to create a company account on the Road Transport – Posting Declarations page:
On the Road Transport – Posting Declarations page, click on the “Create an account” option, where you can be prompted again to log in to the EU login account (you will not be prompted if you are already logged in). After logging in, you will be redirected to the “Create company account” section, where the user data will be filled in, but it is necessary to fill in the data concerning the company and the transport manager. After filling in this information and clicking on “done”, you will be redirected to the Road Transport – Posting Declaration profile, where you can start loading the list of drivers and then create posting notifications.
In connection with registration and work in the Road Transport – Posting Declarations system, we recommend that you take a look at the following links:
Link to FAQ section:
Instructions for creating an EU account login as well as registration in the Road Transport – Posting Declaration interface:
Below is also an available video tutorial for working with the Road Transport Posting Declaration system:
Posting by Road Transport – Posting Declaration is a specific way of reporting a posting with a specific register of such notices (different from posting notifications for non-road transport staff). Therefore, we emphasize to employers to report the posting of employees only through the Road Transport – Posting Declaration system, ie not directly to the National Labor Inspectorate through the application or in paper form (available at: https://www.ip.gov.sk/posting-of-workers/).
The instructions for creating an EU login account as well as registering in the Road Transport – Posting Declaration interface contain links to the training version of the Road Transport – Posting Declaration portal and not the official version of the application, so we recommend that you do not use the training version (link: https://www.postingdeclaration-training.eu/landing) to notify the posting of employees. The data entered in the training version will not be integrated in the official version of the Road Transport – Posting Declaration (link: https://www.postingdeclaration.eu/landing).
Each business should only be registered once, so only one person should register. He then has the opportunity to invite other responsible persons through the “user management” function to be able to access data about the company and drivers. In case of further questions do not hesitate to contact us at the e-mail address: firstname.lastname@example.org