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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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Law on the posting of workers ' posting of workers

(Expansion of the notification requirement of foreign service providers and the duty of recruiters to ensure that the notification is reported to RUT),

We, by God's grace, the Queen of the Danes, do our thing.

The parliament has adopted the following law, and we know that the following law has been approved by Parliament's consent :

§ 1

In the case of the posting of workers, cf. Law Order no. 849 of 21. July 2006, as amended by law no. 263 of 23. of April 2008 and Law No 1394 of 27. In December 2008, the following changes are made :

1. In the law title the following ' wage earners ' shall be inserted : "m.v. "

2. Section 1 (1). 1, ITREAS :

" § § 2-6 a, section 7 a, paragraph. 1 and 3 to 6 and section 7 b-7 e shall apply in situations where undertakings in the provision of services shall deploy employees to Denmark. ` ;

3. I § 1 inserted after paragraph 1. 2 as new paragraph :

" Stop. 3. Section 7 (a) (a) 2-6, and section 7 b-7 e applies to situations where a service is provided in the execution of work in Denmark by a foreign self-employed person who does not deploy employees to Denmark. `

Paragraph 3 becomes paragraph 3. 4.

4. § § 5 a-5 c revoked.

5. The following section 7 is inserted :

" Chapter 3 a

Registry of Foreign Service providers (RUT)

§ 7 a. A foreign company that stationed workers to Denmark for the provision of services shall report the following information to the Enterprise and Corporate Services (Erk) and Corporate Services :

1) Company name, business address, and contact information.

2) The date of commencement and termination of the service.

3) Place of delivery of the service.

4) Contact for the company. The contact shall be designated by the company of persons who work in Denmark in the provision of the service.

5) Business code of the company.

6) the identity of employees posted to the company and the duration of the posting period.

Paragraph 2. A foreign company which, by means of work in Denmark, provides services without posted workers to Denmark, notifies the following information for registration in the Corporate and Corporate Management Board :

1) Company name, business address, and contact information.

2) The date of commencement and termination of the service.

3) Place of delivery of the service.

4) Business code of the company.

Paragraph 3. Notification in accordance with paragraph 1. 1 and 2 shall be allowed to take place in accordance with the procedure for notification, and so on, of certain information in the Agency for the Enterprise and the Corporate Protection Agency.

Paragraph 4. Information notified in accordance with paragraph 1. 1 and 2 may be used only for :

1) The Danish authorities ' control of compliance with legislation in the field of work in Denmark, and

2) statistics on foreign companies and seconded workers.

Paragraph 5. The information provided in paragraph 1 1 and 2 must be reported, at the latest, at the same time as the provision of the service in Denmark shall commence. Changes to the data shall be notified within eight days of the change.

Paragraph 6. The Management Board may lay down rules on the notification of information as provided for in paragraph 1. 1-5, including the nature of the notifiers, or shall register in the IT system, and use of this system.

Section 7 b. A company must not be notified in accordance with section 7 a, if

1) the delivery of the service not goods over 8 days ;

2) the provision of the service is delivered as part of the delivery of a technical plant or a technical installation ; and

3) the seconded earearing or self-employed person, cf. Section 7 (a) (a) 2, shall be responsible for the task and specialised in or qualified to install, install, check, repair, or provide information about a technical installation or a technical installation in Denmark.

Paragraph 2. The Minister for Employment may lay down rules that certain short-term deliveries of services shall be exempted from the notification requirement after paragraph 7 a.

§ 7 c. Public access to the information referred to in section 7 (a) (a) may be made available to the public. 1, no. -1, 3, 4 and 5, and paragraph 1. 2, no. One, three and four. In addition, public access to information about whether the company has ongoing activities in Denmark can be accessed.

Paragraph 2. The Enterprise and Corporate Services may lay down rules for the payment of information communicated in accordance with paragraph 1. 1. To the extent the data originated from the CVR register, the payment of the information and the disclosure of such information shall be made in accordance with the rules of the Central Company Register.

§ 7 d. The service provider is obliged not later than at the same time the provision of the service is initiated, to provide documentation to enlisted the notification to be carried out in accordance with the provisions of the notification. Section 7 (a) (a) 1 and 2 if the service is to be used for construction or construction or agriculture, forestry and gardenneri.

Paragraph 2. A recruwder who receives a service from a person who is subject to notification within the activities referred to in paragraph 1. 1 mentioned industries must, within three days of the delivery of the service, a timely approach to the Employment, where the recruits have not received any evidence that the company has reported to Errecruitment-and The Corporate Management Board or the location of the service record or date for the commencement and termination of the service is defective or incorrect.

Paragraph 3. The Minister for Employment may lay down rules on the obligation of service providers and ensuament, cf. paragraph The provisions of 1 and 2 shall be extended to cover sectors other than those referred to in paragraph 1. One mentioned.

§ 7 e. The supervision of compliance with the notification requirement after Section 7 a is carried out by the Labor Board.

Paragraph 2. Any service provider subject to notification under this law, and its contact, cf. Section 7 (a) (a) 1, no. 4, upon request, provide to Work with Work with information that can be used to identify the company, posted workers and work place, cf. Section 7 (a) (a) One and two.

Paragraph 3. Anyone carrying out work in Denmark shall inform, at the request of the Commission, of its own name and the name of the undertaking to which the person concerned is responsible for the use of the supervision of the WA ' s compliance with the compliance of foreign companies ; obligation to notify in accordance with section 7 (a) (a), 1. "

6. I § 8 (3) 1, ' Work market management ` shall be replaced by : ' The business supervision `.

7. I § 8 (3) 2, the ' Management ` shall be replaced by ' Board of Work ' and ' Labour market management ` shall be replaced by ' The Work for Employment '.

8. The heading for Chapter 6 ITREAS :

"Criminal provisions"

9. § 10 ITREAS :

" § 10. This penalty will be penalised by the employer who, in spite of claims, fails to grant a holiday and payment for this in accordance with section 6. `

10. After section 10 is inserted in Chapter 6 :

" § 10 a. In the following ways, the penalty shall be penalised by the following penalty :

1) In timely notification, notification or inaccurate or incomplete information shall be provided in accordance with section 7 (a) (a). 1.

2) In timely notification, notification or inaccurate or incomplete information shall be provided in accordance with section 7 (a) (a). 2.

3) Do not grant documentation to enlisted in section 7 d (s). 1.

4) Avoiding an approach to the Labor Board in accordance with section 7 d (1). 2.

Paragraph 2. Extreme from paragraph 1. 1, no. However, three and four shall not be penalised if a proper notification has been made in accordance with section 7 a.

Paragraph 3. The penalty shall be carried out in accordance with paragraph 1. Paragraph 1 shall be considered to be an aggravated circumstance where the infringement is intentionally or in a gross negligence or, where the infringement has been achieved or intended, a financial advantage for the person concerned himself or others.

§ 10 b. The rules laid down under the law may be punished for the penalties imposed on the provisions of the provisions of the regulations.

§ 10 c. Companies can be imposed on companies, etc. (legal persons) punishable by the rules of the penal code 5. Chapter. "

§ 2

Paragraph 1. The law shall enter into force on 1. June, 2010, cf. however, paragraph 1 2.

Paragraph 2. The Employment Minister shall determine the time of entry into force of section 1 (1). 3, section 7 (a) (a), 2, section 7 d, section 10 (a) (1). 1, no. Two-four, and section 10 (a) (1). 2, in the case of posting of workers, as drawn up by this Act, section 1, no. 3, 5 and 10.

Givet on Amalienborg, the 19th. May 2010

Under Our Royal Hand and Segl

MARGRETHE R.

-Inger Stskberg

Retryksnote
  • 24-08-2011 :
  • The law has been reprinted, since the text "Under Our Royal Hand and Segl" prior to the name of the Regent or Regent, due to an error in the technical production of the formula, was omitted. The failure therefore does not apply to the law.