A posted worker is a driver who carries out international road haulage on the territory of an EU Member State other than the Member State of establishment of the undertaking.
From 2 February 2022, posted drivers carrying out the following work in the field of international road transport will fall within the scope of the protection provided by Directive 96/71/EC (as amended).
These transport operations include:
1. cross-operations – transport operations carried out between two Member States or between a Member State and a third country, neither of which is the country of establishment of the operator carrying out such operations.
2. Cabotage operations – domestic hired or remunerated transport operations temporarily performed on the territory of one Member State by an operator established in another Member State.
By way of exception, a driver is not considered to be posted when he carries out:
(i) international bilateral carriage of goods from the Member State of establishment to another Member State or third country and vice versa.
(ii) a certain number of additional loading and/or unloading operations in the Member States or third countries crossed (i.e. cross-border transport).
With effect from 2 February 2022 and based on the Joint Ministerial Decision (CMD) No. F.451/107877 (Government Gazette B΄1765/12-04-2022), of the Ministry of Infrastructure and Transport, during the period of posting, companies are obliged to guarantee to the drivers they post in Greece, based on the principle of equal treatment, and regardless of the law governing their employment relationship, the application of the working conditions defined by the following:
– maximum working periods and minimum rest periods
– the minimum duration of normal paid annual leave
– all the basic elements of remuneration, as defined in national legislation or in the universally applicable collective agreements in the state in question, for the minimum wage in road transport in Greece, see here link to:
– the protection of children, young people and women who are pregnant or have recently given birth at work
– equal treatment of men and women and non-discrimination at work in general
– the placement of workers with an indirect employer by temporary work agencies or undertakings which have workers on their books
– the housing conditions of workers when provided by the employer to workers away from their usual place of work,
– the additional allowance for overnight stays away from home to cover the travel, subsistence and accommodation expenses of workers who are out of the country for work-related reasons (applicable only to the travel, subsistence and accommodation expenses of workers posted to the territory of Greece when they are obliged to travel to and from their usual place of work both within Greece and in another Member State during the period of posting)
– the protection of occupational health and safety
- Prior posting declaration
Before posting , the carrier (or employer) must submit an official declaration of posting to the authorities of the Member State(s) to which the driver will be posted (at the latest at the start of the posting). The portal and educational material on the use of the submission of posting declarations are available under the link Information on the Internal Market System. Additional assistance is also available from the European Commission’s IMI Support Team via email at see here link to:
