Posting to Luxembourg
A posted employee usually performs his work abroad, while in the Grand Duchy of Luxembourg he performs his professional tasks for a specified period of time, in accordance with the terms of the service contract.
During the period of posting to Luxembourg, his original employment contract remains in effect, along with all rights and obligations under it. This includes the right to vacation and salary. It cannot be lower than the minimum wage rate applicable in Luxembourg. In addition - depending on the type of delegation to Luxembourg - the employee may be entitled to reimbursement of expenses related to travel, accommodation and meals.
Employer's obligations when posting employees to Luxembourg
The posting company must have an actual business activity in its country of origin. It may post workers in Luxembourg provided that there is a continuous employment relationship between it and the worker throughout the posting. The secondment must be in accordance with a contract for the provision of services, relating to a specific field or object of activity and limited in time, ending with the realization of the object of the contract.
In order for the posting of employees to Luxembourg to take place in accordance with the law, the employer is required to comply with certain formalities.
The posting company is required to submit a declaration of posting no later than when the posted person begins work in Luxembourg. You must also apply to the CCSS to obtain an A1 form, a document confirming the worker's enrollment in the social security system in the country of origin.
You should also apply to the CCSS to obtain an A1 form, which is a document that confirms an employee's enrollment in the social security system in the country of origin.[1]
If the delegate will perform work on the territory of the Grand Duchy of Luxembourg for more than a month, the employer is obliged to provide the delegate with the required written documents before his departure.
A posted employee who is not from a European Economic Area country must additionally have a one-time residence permit obtained from the Ministry of Foreign Affairs.
All official documents should be translated into French or German, one of Luxembourg's official languages.
Posting of drivers to Luxembourg
The obligation to declare the posting of employees to work on Luxembourg's territory also covers those employed in international transport and performing cabotage transport. However, it does not apply to transit or drivers performing transport services in their own name and on their own behalf (drivers - owners of transport companies).
As for the documents required in the vehicle from a driver on assignment in Luxembourg, these are - in addition to a valid ID card or passport - an IMI declaration and employment contract. It can be printed out after the employee is declared on a special website. Other mandatory documents must be uploaded to the application platform.
Posting to Luxembourg - reference person
No external representative is required on the territory of the Grand Duchy of Luxembourg. A "reference person" is understood to be a natural or legal person who is present in the territory of this country for the duration of the secondment and has been expressly designated by the seconding company as responsible for cooperating with the ITM and other competent authorities regarding compliance with the conditions related to the secondment, as well as for the transmission and receipt of documents and/or notifications."[2]
Thus, the contact function can be performed by an employee of the delegating company, a lawyer, etc., provided that he meets the above requirements. The reference person is not the entity legally responsible for performing the above-mentioned duties.
- https://itm.public.lu/fr/questions-reponses/droit-travail/detachement-salaries.html
- https://itm.public.lu/fr/questions-reponses/droit-travail/detachement-salaries/a/a18.html
Why choose IMPOL?
IMPOL, as representative of hundreds of foreign companies in Francehas developed over the years the know-how to manage online secondments, which allows you to manage all your secondment obligations. Including the storage of compulsory documents, the management of seconded workers. Applications for SIPSI declarations and/or BTP cards. We work 7 days a week to ensure that your project is carried out in accordance with local labour laws, resulting in a smooth stay for your employees and the completion of your work.
Representative
We support you through the entire process of posting workers to France. We provide advice. We help in emergency situations. We apply for special permits to ensure maximum impact and profitability.
Management of applications and documentation
Depending on your needs, we will take care of all the formalities related to the posting to France , from setting up the account to the declaration of the posted workers.
Assistance in the event of inspections
We intervene in the event of an inspection, providing the required documents to substantiate compliance with posting obligations. As a sworn Polish-French translation agency and with our own lawyer specialising in social law, we offer you comprehensive care.
