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Announcement Of Law On The Posting Of Workers, Etc.

Original Language Title: Bekendtgørelse af lov om udstationering af lønmodtagere m.v.

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Table of Contents
Chapter 1 Area of the law
Chapter 2 Stationing in Denmark
Chapter 2 A Use of collective action, remuneration and so on.
Chapter 3 Exocitation from Denmark to other EU and EEA countries
Chapter 3 a Registry of Foreign Service providers (RUT)
Chapter 4 Information
Chapter 5 Hostthings
Chapter 6 Penalty provisions
Chapter 7 Audit
Chapter 8 The entry into force, etc.

Publication of the posting of workers and so on. 1)

This shall be the law on the posting of workers in accordance with the provisions of this Directive. Law Order no. 256 of 25. March 2011, with the changes that result from the law. 611 of 12. June 2013.

Chapter 1

Area of the law

§ 1. ~ § § 2-6 a, section 7 (a) (a) 1 and 3-6, and section 7 b-7 e shall apply in situations where firms in the provision of services are stationed in Denmark.

Paragraph 2. Section 7 shall apply in situations where people are or have been posted to another country that has implemented the Directive 96 /71/EC of the European Parliament and of the Council on the posting of workers as part of the provision of services.

Paragraph 3. Section 7 (a) (a) 2-6, and section 7 b-7 e shall apply in 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 4. The law shall not apply to undertakings in the merchant navy as far as the crew is concerned.

§ 2. This law shall be without prejudice to the application of the ILO Convention no. 94 of 1949 on employment clauses in public contracts.

Chapter 2

Stationing in Denmark

§ 3. In the case of a recipient in Denmark, a wage receiver means a wage consignation who usually carries out its work in a country other than Denmark, and which is temporarily doing business in Denmark.

§ 4. A company is deemed to have paid employees to Denmark in the following situations :

1) When the company is based on its own account and under its own management, a payroll consignation shall be stationed in the performance of a service for a recipient of this in Denmark.

2) When you deploy a payroll in a business location within a company within the same group or in a business that is associated with the company that carries out the posting.

3) When the company in a temporary agency or other company that provides employees is provided, a payroll recipient is posted to a user company.

Paragraph 2. It is a condition for the subject of a posting to be covered by paragraph 1. 1 that a function of employment is between the beneficiary and the posting company or other company that has provided the salary recipient at the disposal of the posting undertaking.

§ 5. Where a company stationed a wage earners in Denmark, the following rules shall apply, irrespective of which country ' s right, by the way, the function of employment shall apply :

1) Law on working environment, offshore safety law and Chapter 4 A in the field of air traffic.

2) The law on equal treatment of men and women in the field of employment and maternity leave, other than those laid down in Chapter 3 of this Act, which relates to the right to the absence of any other than pregnant women or women who have just given birth.

3) Promise me that equal pay to men and women.

4) The section 7 of the Functional Code, provided that the person concerned meets the conditions laid down in section 1 of the function law.

5) Law on the prohibition of discrimination on the labour market, etc.

6) The law on the implementation of parts of the Working Time Directive.

§ 5 a. (Aphat)

§ 5 b. (Aphat)

§ 5 c. (Aphat)

§ 6. If the legislation applicable to the employment relationship is less favourable to the wage earner in respect of the length of time and payment for this other than holiday in sections 7, 23 and 24, the employer shall ensure the recipient of supplementary holidays. and payment of such charges, as appropriate, as provided for in the said provisions.

Paragraph 2. It is a condition of entitlement to supplementary holidays in accordance with paragraph 1. 1 that the posting of the posting is more than 8 days. However, this does not apply to posting in accordance with section 4. 3, unless there is a question of the posting of a specialised or qualified employee from a supplier company to work with the first installation or installation of a good, an integral part of a delivery agreement, and which are : required for commissioning of the supplied good.

Paragraph 3. For the purpose of calculating the period of deployment following paragraph 1. 2 shall be taken into account during the last 12 months in which the recipient has been stationed in Denmark. In addition, all periods of periods in which another paycheck has been posted to the work concerned are taken into account.

Chapter 2 A

Use of collective action, remuneration and so on.

§ 6 a. In order to ensure the paid compensation paid by the Danish employers to pay for the carrying out of similar work, there may be, in the same way, that the Danish employers are used by collective action in respect of the execution of the same work ; in the case of foreign service providers, in support of a call for the conclusion of a collective agreement, cf. however, paragraph 1 2.

Paragraph 2. This is a condition for the implementation of collective action, as mentioned in paragraph 1. 1 that, in the case of the foreign service provider, referred to in the collective agreements concluded by the most representative social partners in Denmark and which apply to the whole Danish territory. It must be clear from these agreements with the necessary clarity to pay for the payment of the contract.

Chapter 3

Exocitation from Denmark to other EU and EEA countries

§ 7. A person who has been or has been stationed to an EU country or country within the European Economic Area (EEA), which has been subject to the rules of the European Parliament and of the Council, having been subject to the rules of the European Economic Area (EEA) under the work of this country. Whereas Directive 96 /71/EC on the posting of workers as part of the provision of services may, by the establishment of a case in this country, where the posting is concerned, that the case is to be determined by these rules, any other way in which Danish law is applicable.

Chapter 3 a

Registry of Foreign Service providers (RUT)

§ 7 a. A foreign company that stationed workers to Denmark in relation to the provision of services shall report the following information to the Danish Business Authority :

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.

7) Information on possible VAT registration in the home Member State.

Paragraph 2. A foreign company which, through the execution of work in Denmark, provides services without the posting of workers to Denmark, notifies the following information for registration in the Danish Agency for the Agency :

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.

5) Information on possible VAT registration in the home Member State.

Paragraph 3. Notification in accordance with paragraph 1. 1 and 2 shall be required in accordance with the procedure for notification, and so on, of certain information at the Danish Agency for the 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. Any changes relating to the information shall be notified no later than the next day after the change.

Paragraph 6. The Management Board may lay down rules concerning 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. 1-5 and 7, and paragraph 1. 2, no. 1-5. In addition, public access to information about how many seconded employees are in a work place may be provided.

Paragraph 2. The Management Board 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 undertaking has reported to the Corporate Board, or where information on the provision of the service or the date of commencement and completion of the service is incomplete 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.

Paragraph 4. The Minister for Employment may, in the course of the debate with the minister, lay down rules that, in accordance with section 7 a in certain sectors, supervision of the notification requirement shall be provided by the authority which, by the way, supervises compliance with the rules on the rules ; working environment in the sector concerned.

Chapter 4

Information

§ 8. The Danish liaison office is a Danish liaison office in accordance with Article 4 of Directive 96 /71/EC of the European Parliament and of the Council on the posting of workers as part of the provision of services.

Paragraph 2. The Commission shall coordinate in this respect the work of providing information to foreign employers and employees, etc., concerning the rules applicable to the deployment to Denmark. The work of the other countries is collaborating with other countries ' liaison offices in connection with any problems that may arise in connection with the case of the deployment to and from Denmark.

Chapter 5

Hostthings

§ 9. An employee who has been or has been stationed to Denmark may take a case in this country with regard to the laws referred to in section 5 and relating to section 6.

Paragraph 2. The case may be placed on the right or by one of the courts in whose circle the operator has carried out the work in question.

Chapter 6

Penalty provisions

§ 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 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.

§ 10 d. The Minister for Employment can, after a debate with the Minister of Justice, lay down rules that the Working Committee, in more detail, on infringements of this law and rules issued under this law, which is not deemed to impose higher penalties than fines, in a quick-show, it may indicate that the case may be decided without trial, if the offence committed by the offence and declares itself prepared to pay a fine as specified in the ticket of the penalty.

Paragraph 2. The rules of the Danish Court of Justice Section 834 (4). 1, no. 2 and 3, and paragraph 1. 2, concerning the requirements for the content of an indictment and the rules of the rule of law, that a charge is not required to express an opinion, shall apply mutatis muchaeous use to queer-making.

Paragraph 3. If the ticket is withdrawn, further proceedings shall be suspended. The adoption shall have the same effect as a judgment.

Chapter 7

Audit

§ 11. Proposals for the revision of the law shall be submitted to the parliament by 1. January 2014.

Chapter 8

The entry into force, etc.

§ 12. The law shall enter into force on the 171. December 1999.

§ 13. The law does not apply to the Faroe Islands and Greenland.


Law No 263 of 23. April 2008, which enters § 5 a, § 5 p and § 5 c, and changes the Law 10 of the Act, provides the following entry into force :

§ 2

The law shall enter into force on 1. May 2008.


Law No 1394 of 27. In December 2008, amending the sections 1 and section 11 of the Act and of incorporation of Chapter 2 (a) shall include the following entry into force :

§ 2

The law shall enter into force on 1. January, 2009.


Law No 509 of 19. In May 2010, which amenes the title of the law, section 1, sections 8 and section 10, insert Chapter 3 a, § 10 a, § 10 (b) and § 10 c, contains the following effective provision :

§ 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. 2)


Law No 121 by 23. February 2011, which amenes the section 11 of the law, contains the following effective provision :

§ 2

The law shall enter into force on 1. March, 2011.


Law No 611 of 12. June 2013, amending the Act 5, section 7 a, section 7 c, section 7 e, and inserts section 10 d, contains the following effective provision :

§ 2

Paragraph 1. The law shall enter into force on 1. July, 2013.

Paragraph 2. § 1, no. 5 shall apply only to public access to information on the date of commencement and completion of the service and the company ' s VAT number in the home Member State, which shall be registered after the entry into force of the law.

The Ministry of Employment, the Third. April 2014

Mette Frederiksen

-Søren Kryhlman

Official notes

1) The law contains provisions implementing the Directive 96 /71/EC of the European Parliament and of the Council of 16. In December 1996 on the posting of workers as part of the provision of services, the Community Official Journal of 1997 L 18 s. 1.

2) The provisions of Article 1 (1) of the law. 3, section 7 (a) (a), 2, section 7 d, section 10 (a) (1). 1, no. Two-four, and section 10 (a) (1). 2, put into force on 1. January, 2011, at the notice. 1441 of 16. December 2010 on the entry into force of parts of the law on the posting of workers and so on.