Webcast Live: On the Road: New Compliance Framework for Transportation Companies in Europe

Over the past few years, there has been heated debate about how the Posting of Workers Directive applies to companies in the international road transport sector. Given the highly mobile nature of assignments in this sector, the crucial question remains how to define a posting in this context.

The newly adopted Directive 2020/1057/EU, which lays down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posted drivers in the road transport sector, makes clear that the transnational provision of services in this sector is not automatically excluded from the scope of the posting regulations. Most recently, this interpretation was confirmed by a ruling of the European Court of Justice (ECJ) in Case C-8157/18.

This new compliance framework poses various challenges to companies in the international transport sector. Alongside social security compliance specifics, such as the classification of posted drivers as “multi-state workers”, companies affected must now observe the labor law requirements of the Posting of Workers Directive as well as the resulting reporting and documentation requirements for posted workers. Otherwise, they may be exposed to considerable disadvantages in the event of non-compliance with working condition requirements or incorrect insurance coverage as well as severe sanctions in some EU countries.

Like companies in other sectors, as of February 2, 2022, companies in the international road transport sector must additionally observe the extended working conditions of the revised Posting of Workers Directive 2018/957/EU, also known as Equal Pay.

The webcast will provide you with in-depth insights into the upcoming changes. At the same time, the speakers will analyze the legal situation in Switzerland as a point of comparison. In particular, we will focus on the following aspects:

• Which special circumstances matter in relation to the international road transport sector in the light of the new Directive 2020/1057/EU and the latest ECJ case law?
• Which cases in the international transport sector are subject to posting rules under EU law? What applies under Swiss law?
• Which compliance requirements do companies need to observe under EU and Swiss law? In this regard, we will place a special focus on remuneration/equal pay requirements as well as related reporting and documentation obligations, on the one hand, and social security law specifics - such as determining social security coverage, working time for social security purposes and benefits in kind in case of illness – on the other hand, while discussing various scenarios.
• Recommendations for successful management of the new requirements.

We look forward to welcoming you to our webcast and to discussing any questions which are important for your operations.

Wednesday, 28th April 2021, 10.00 – 11.30 a.m. CET

In order to register for the webcast, please use the platform GoToWebinar. After the online registration you will receive an automatically generated confirmation including your personal access link to the webcast.