Law Amending The Law On The Posting Of Workers (Extension Of The Notification Requirement For Foreign Service Providers As Well As A Duty For Taskbar Provides To Help Ensure That There Will Be Notification To The Rut) Reprinted Definitive Series

Original Language Title: Lov om ændring af lov om udstationering af lønmodtagere(Udvidelse af anmeldelsespligten for udenlandske tjenesteydere samt pligt for hvervgiver til at medvirke til at sikre, at der sker anmeldelse til RUT) Omtryk

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=131902

Law amending the law on the posting of workers

(Extension of the notification requirement for foreign service providers as well as a duty for taskbar provides to help ensure that there will be notification to the RUT)

WE, MARGRETHE the SECOND, by the grace of God Queen of Denmark, do indeed:

The Danish Parliament has adopted and we know Our consent confirmed the following law:

§ 1

In the law on the posting of workers, in accordance with article 3. lovbekendtgørelse nr. 849 of 21. July 2006, as amended by Act No. 263 of 23. April 2008 and Act No. 1394 of 27. December 2008, shall be amended as follows: 1. In the title of the Act shall be inserted after ' employees ', ' etc. ' 2. section 1, paragraph 1 is replaced by the following:

» § § 2-6 (a), section 7 (a), paragraphs 1 and 3-6 and § § 7 b-7 (e) is applicable in situations where companies in connection with the provision of services, post workers to Denmark. '

3. In section 1, the following is inserted after paragraph 2 as new paragraph: "(3). section 7 (a), paragraphs 2 to 6, and § § 7 b-7 (e) is applicable in situations where a service is supplied by the execution of work in Denmark of a foreign business activity, such as not posting workers to Denmark. '

Paragraph 3 becomes paragraph 4.

4. sections 5 a-5 c are repealed.

5. Pursuant to section 7 shall be added: ' Chapter 3 a register of foreign service providers (RUT) section 7 (a). A foreign company posting workers to Denmark in connection with the provision of services shall notify the following information to the Danish Commerce and companies Agency: 1) company name, business address and contact information.

2) date of commencement and termination of the service.

3) Place of delivery of the service.

4) contact person for the company. The contact must be designated by the company among those employed in Denmark in connection with the provision of the service.

5) the company's industry group code.

6) the identity of the employees as the company posts, and posting period.

(2). A foreign company when performing work in Denmark provides services without the deployment of workers to Denmark, shall notify the following information to the registration in the Danish Commerce and companies Agency: 1) company name, business address and contact information.

2) date of commencement and termination of the service.

3) Place of delivery of the service.

4) the company's industry group code.

(3). Notification under paragraphs 1 and 2 shall be carried out in accordance with the law on the procedure for the notification, etc., of certain information from the Danish Commerce and companies Agency.

(4). Information notified in accordance with paragraphs 1 and 2 may only be used for 1) Danish authorities check whether companies comply with the law in connection with work in Denmark, and 2) statistics on foreign businesses and expatriate workers.

(5). The information referred to in paragraphs 1 and 2 shall be notified, at the latest at the same time as the delivery of the service in Denmark begins. Changes concerning the information to be notified no later than 8 days after the change.

(6). The Danish Commerce and companies agency may set rules on notification of information under paragraphs 1 to 5, including the conditions in which critics can or must register in the Agency's computer system, and the use of this system.

section 7 (b). an entity shall not make notification under section 7 (a), if 1) delivery of the service, no more than 8 days, 2) the supply of the service is done in the framework of the provision of a technical plant or a technical installation and 3) the seconded employee or self-employed activities, see. section 7 (a), paragraph 2, have the task and is specialized in, or qualified to mount, install, inspect, repair or to inform you about a technical plant or a technical installation in Denmark.

(2). Employment Minister may lay down rules to the effect that certain short-term supplies of services shall be exempt from the notification requirement under section 7 (a).

§ 7 c. may be granted public access to the information referred to in paragraph 7 (a) (1). 1, 3, 4 and 5, and paragraph 2, no. 1, 3 and 4. There may also be granted public access to information about whether the company has ongoing activities in Denmark.

(2). The Danish Commerce and companies agency may set rules on payment for information provided according to paragraph 1. In so far as information originates from the CVR register, payment for information and disclosure thereof done in accordance with the rules laid down in the law on the central register.

section 7 (d). The service provider is obliged to, at the latest, while the supply of the service begins, to give evidence to the taskbar provides that notification is made, see. section 7 (a) (1) and (2), if the service concerned construction or agriculture, forestry and horticulture.

(2). A taskbar provides, who receives a service from a notifiable activities within the sectors referred to in paragraph 1, shall, not later than 3 days after delivery of the service is started, contact the Labour Inspectorate, if the task does not have received evidence that the company has made a notification to the Danish Commerce and companies Agency, or if the information on the place of supply of the service or date of commencement and termination of the service is deficient or wrong.

(3). Employment Minister may lay down rules to the effect that the obligation for service providers and task entities, see. paragraphs 1 and 2 shall be extended to other industries than those referred to in paragraph 1.

§ 7 e. Monitoring of compliance with the notification requirement under section 7 (a) is carried out by the Labour Inspectorate.

(2). Any service provider who are subject to notification in accordance with this law, and its contact, see. section 7 (a) (1). 4, shall, on request, provide the Labour Inspectorate information that can serve to identify the company, posted workers and work place, see. section 7 (a), paragraphs 1 and 2.

(3). Anyone who performs work in Denmark, shall, at the request of the labour inspectorate to inform his own name and the name of the company, the person in question performs work for, for use by the Danish working environment service's supervision of foreign companies ' compliance with the notification requirement under section 7 (a) (1). ';

6. In article 8, paragraph 1, shall be replaced by ' the national labour market authority ' to: ' labour inspectorates '.

7. In article 8, paragraph 2, the term ' Agency ' to: ' labour inspectorates ' and ' labour market ': ' labour inspectorates '.

8. The heading of Chapter 6 shall be replaced by the following:

» Criminal provisions ' 9. section 10 is replaced by the following: ' article 10. With fine punished the employer who, in spite of the order without reasonable cause fails to provide holiday and payment therefor pursuant to section 6. '

10. Under section 10 shall be inserted in Chapter 6: "§ 10 (a). With fine punished anyone who violates the provisions of the Act in the following ways: 1) fails timely to review information or make incorrect or deficient information pursuant to section 7 (a), paragraph 1.

2) fails timely to review information or make incorrect or deficient information pursuant to section 7 (a), paragraph 2.

3) fails to provide documentation to the taskbar provides under section 7 (d) of paragraph 1.

4) fails to contact the Labour Inspectorate pursuant to section 7 (d), paragraph 2.

(2). Infringements referred to in paragraph 1, no. 3 and 4, be punished, however, if there has been no proper notification under section 7 (a).

(3). By penalty measure in accordance with paragraph 1, it shall be considered an aggravating circumstance if the infringement was committed intentionally or by gross negligence, or if the offence is obtained or intended gained an economic advantage for the person himself or others.

section 10 (b). In regulations issued under the law, can be fixed penalty of fines for violation of the provisions of the legislation.

§ 10 c. There can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter. '

§ 2 paragraph 1. The law shall enter into force on the 1. June 2010, see. However, paragraph 2.

(2). Employment Minister shall determine the time of the entry into force of § 1, paragraph 3, article 7 a, paragraph 2, section 7 (d), section 10 (a) (1). 2-4, and section 10 (a), paragraph 2, of the law on the posting of workers as amended by this Act, section 1, no. 3, 5 and 10.

Given at Amalienborg, the 19. May 2010 Under Our Royal hand and Seal MARGRETHE r./Inger Støjberg