Overview of Key Social Regulations

The Most Important Provisions in One Place:

Obligation and Type of Registration
Validity of Registrations
Current Minimum Wage Rates

The application of social regulations in the transport sector is becoming increasingly complex each year:

Transport companies often don’t have clear answers to numerous questions.
Is driver registration mandatory in every country?
How and where should the driver’s posting be registered?
What documents must the driver carry?

Social regulations are rarely explained in an accessible and understandable way. Most information is usually available only in a foreign language. Nevertheless, foreign regulatory authorities do not excuse ignorance of the regulations.

Transport companies typically learn about regulatory changes only during an inspection abroad.

Obligation to Register Posted Drivers

Transport Companies Based in the EU

Since February 2, 2022, the provisions of the EU Mobility Package, as per Directive (EU) 2020/1057, apply to the posting of drivers to other EU member states. Driver postings must now be reported via the Internal Market Information System (IMI).

Bilateral and transit transports are exempt from reporting requirements, which apply instead to cabotage and international transport.

Drivers must be reported for each EU country where cabotage or international transport is conducted.

The reporting of drivers, updating data in reports, sending inspection requests by regulatory authorities, exchanging documents, and tracking the status of inspection procedures are all managed through the IMI platform. This platform facilitates comprehensive communication between transport companies and the authorities of EU member states.

Transport Companies from Non-EU Countries

Transport companies from non-EU countries (Serbia, Bosnia and Herzegovina, Macedonia, Montenegro, Turkey, Moldova, Ukraine, Belarus, Russian Federation, etc.) are subject to the rules and obligations under the national regulations of EU member states that either already had reporting requirements for posted drivers from non-EU companies (Germany, France) or have recently introduced them (Poland, Belgium).

According to the Mobility Package, member states are encouraged to eliminate the current de facto preferential treatment of transport companies from non-EU countries.

Therefore, companies from non-EU countries are required to report posted drivers through national platforms (France, Germany, Poland, Belgium). In Austria and the Czech Republic, there is an obligation to carry the required documents.

In France, there is also an obligation to appoint a representative. In Poland, the appointment of a representative is recommended.

Detailed View of Relevant Regulations

Companies Based in the EU

European Union

Name of the Law:

EU Mobility Package – Directive (EU) 2020/1057

Application in the Transport Sector:

Since 02.02.2022

Service EXPO:

Yes, learn more

Type of Transport:

Cabotage
International Transport

Companies from:

All companies registered in EU member states

Minimum Remuneration for Posted Drivers:

Determined by collective agreements or general minimum wage, depending on the country.
Table: Collective Agreement Wages / Minimum Wage Rates in Europe

Reporting:

Before the posting of drivers via the Internal Market Information System (IMI).

Validity of Reporting:

6 months

Companies from Non-EU Countries

Germany

Name of the Law:

MiLoG – Minimum Wage Law

Application in the Transport Sector:

Since 01.01.2015

Service EXPO:

Yes, learn more

Type of Transport:

Bilateral Transport
International Transport

Companies from:

Non-EU countries

Representative in Germany:

Not required

Minimum Remuneration for Posted Drivers:

12,41 €

Reporting:

Before the posting of drivers via the Federal Customs Administration portal

Validity of Reporting:

6 months

France

Name of the Law:

loi Macron – Law for Economic Opportunity

Application in the Transport Sector:

Since 01.07.2016

Service EXPO:

Yes, learn more

Type of Transport:

Bilateral Transport
International Transport

Companies from:

Non-EU countries

Representative in France:

Required

Minimum Remuneration for Posted Drivers:

12,43 €

Reporting:

Before the posting of drivers via the French Ministry of Labor portal

Validity of Reporting:

For the duration of each individual transport (loading or unloading)
Exceptions: Drivers of light transport vehicles can submit reports valid for 6 months

Austria

Name of the Law:

LSD-BG – Act Against Wage and Social Dumping

Application in the Transport Sector:

Since 01.01.2011

Service EXPO:

Yes, learn more

Type of Transport:

Bilateral Transport
International Transport
Transit

Companies from:

Non-EU countries

Representative in Austria:

Recommended

Minimum Remuneration for Posted Drivers:

11,54 – 13,68 €

Reporting:

Reporting is not required.
Podnošenje prijava nije predviđeno.
Note: Mandatory possession of relevant work documents according to Austrian regulations – employee pass with essential data and details from the current employment contract.

Poland

Name of the Law:

Posting Act in Road Freight Transport of 28.07.2023

Application in the Transport Sector:

Since 19.08.2023

Service EXPO:

Yes, learn more

Type of Transport:

Cabotage
International Transport
Bilateral Transport

Companies from:

Non-EU countries

Representative in Poland:

Recommended, but not mandatory

Minimum Remuneration for Posted Drivers:

6,39 €

Reporting:

Posting must be reported in advance—before the driver’s entry into Polish territory—via the National Labour Inspectorate’s Information and Service Portal using the electronic form “Declaration of Posting.”
Drivers are also required to carry the electronically completed posting certificate “Confirmation of Posting” from the employer, signed by both the employer and the driver.

Validity of Reporting: