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					                                                                                                     Last update: 8th may 2007 (nt)


                                                                Please complete and forward to:



                                                               INSPECTION DU TRAVAIL ET DES MINES (ITM)
                                                               (LABOUR AND MINES INSPECTORATE)
                                                               “Posted and illegal work unit” (PAIWU)
                                                               P.O. BOX. 27

                                                               L-2010 LUXEMBOURG




                                      POSTED WORK DECLARATION (« PWD ») 1

                                                   POSTING OF WORKERS

                                            (Code of Labour Law – Book I – Title IV)




Contact:

Internet:                   http://www.itm.lu/detachement-de-travailleurs/posting-of-workers?set_language=en
                            National laws – Vademecum – national contact – international contact – Faq (Frequently Asked
                            Questions - Forms
Helpline:                   posted.work@itm.etat.lu
Hotlines:                   Phone number:               (+352) 478 6288
                            Fax number:                 (+352) 29 11 94 6288

NB:

           In the interest of legal security, the first notification by a posting undertaking unknown to the ITM must be made by
            recorded delivery (PRIMO DECLARATION);
           the subsequent „PWD‟ may be sent by electronic mail (helpline) or by fax;
           the necessary documents and items (see joint list under V) are not to be sent to the ITM, but only to the ad hoc
            representative, under closed confidential fold;
                                                  nd
            In accordance to the law of august 2 2002 relative to the privacy and data protection, only civil servants of the
            local control administration (labour inspectors) are allowed to access and consult the mentioned documents
            under V, except in case where a specific agreement was arranged between the posting company and his ad hoc
            representative (AHR).) ;

Content:

I.          Posting employer (country of origin)
II.         Ad hoc representative in Luxembourg (AHR)
III.        Posted worker
IV.         Posting (country of destination of provisions of services)
V.          List of documents needed in Luxembourg and list of complementary information




1
 Please use regular updates of the „PWD‟ form, published on our Internet site!
 A newsletter is available on request.

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                                                                                                 Last update: 8th may 2007 (nt)


                                                    I. POSTING EMPLOYER
I.A)   Identification data of the employer posting workers to the Grand Duchy of Luxembourg

Trade name of the undertaking
Legal form of the undertaking (Ltd., etc)
Name and forename of the actual
company manager
Exact capacity of head of company
(C.E.O., manager, managing director,
etc.)
Principal office of the undertaking            Street, No
                                               Postcode and
                                               town
                                               Department /
                                               Province
                                               Country
Posting branch, subsidiary company             Street, No
(where applicable)                             Postcode and
                                               town
                                               Department /
                                               Province
                                               Country
Phone number
Mobile phone number
Fax number
 !! E-mail-address!! (Important)                   @
Nature of undertaking‟s activities (craft of
industrial)
Details of membership of a collective
agreement in country of origin (name)
Identification or registration number of
employee with the competent social
security body in the country of origin
I. B) Relevant parallel authorizations, compulsory for any employer in the Grand Duchy of Luxembourg
                       2
Luxembourg VAT No. or                          LU             -
Luxembourg registration No.
Luxembourg establishment authorization         No
(after issue by the Ministère des Classes      …
Moyennes et du Tourisme (Ministry of           est autorisé(e) à exercer au Grand-Duché de Luxembourg
Small and Medium-sized Businesses and          en qualité de        l‟activité suivante:
Tourism
         Fill in as marked on the
       establishment authorization
        (original always in French)
Optional

Certificate of inscription to the Statement
of the service providers of the Guild
chamber of Luxembourg (optional)




2
 NB: VAT must be paid in Luxembourg in accordance with the 6th Council Directive 77/388/EC of 17 May 1977 on the
harmonisation of the laws of the Member States relating to turnover taxes.
Administration de l‟Enregistrement et des Domaines (http://www.aed.public.lu/) Bureau d‟imposition 10, P.O. box 31, L-2010
Luxembourg

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                                                                                                                 Last update: 8th may 2007 (nt)

I. C)   “Safety management”:
        Information on measures applied by the employer in the area of occupational health and safety as required by
        article L-312-2 * of the code of labour law (article 6 of Council Directive 89/391/EEC of 12 June 1989 on the
        introduction of measures to encourage improvements in the safety and health of workers at work)
              More details: FAQ (http://www.itm.lu/detachement-de-travailleurs/faq-frequently-asked-questions)

Responsible person in the area of                  Name, Forename
occupational health and safety at work             Phone number
for the posted workers
                                                   e-mail-address                 @
Information on applied measures in the
area of occupational health and safety at
work as required by the legislation of the
country of origin (i. e: designated worker
for health and safety, VCA, LSC, HSE-
Standards, Sicherheitsbeauftragter,
conseiller de prévention et de protection,
animateur de sécurité et de santé,
OSHAS 18001, etc)

                                                 II. AD HOC REPRESENTATIVE (AHR)
                                                                  Attention:
                                      1.  the AHR should not be confused with the “official” representative
                                         according to the law from May 31st 1999 on company domiciliation.
                        2.   the “mandataire qualifié” (skilled representative) presently required by the code of labour law
                                      results from transcription error and will be changed again in prior “AHR”
II.     Identification data of the AHR resident in the Grand Duchy of Luxembourg (on a professional basis at least),
        where the documents required inter alia under Articles L. 142-1. and L. 142-2. of the code of labour law are
        made available and kept for the period of the posting (see point V.)
         N.B.: The AHR (natural person without obligatory previous training and legally not responsible for the obligations of the E.A.)
            must always be available during „office hours„. Failing this (leave, sickness, etc.), a replacement must be designated and
            notified to the ITM!!
         The AHR can be an acquaintance or a customer of the posting employer
Trade name (legal person)
Name and forename (natural person)
Registered office / address                        Street, No
                                                   Postcode and           L-
                                                   town
Phone number
Mobile phone number
Fax number
 !! E-mail-Address!! (Important)                         @

                                                         III. POSTED WORKERS
                                                       Distinct criterion: A contractual relation,
                                           i.e. a legal bond of subordination with the posting employer must exist!
III. A) Summary information on civil status and qualification of worker(s) posted to the Grand Duchy of Luxembourg
         When more place is needed, please attach a list containing at least the same information
         List attached       yes      no    (please tick)

        Name                     Forename                Date of birth            Nationality          Qualification and level of training
                                                           (dd/mm/yy)




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                                                                                                                    Last update: 8th may 2007 (nt)



   III. B) Information on conditions applicable to posted workers
   Working time
   Length of working week                                     hours       Authorized maximum: 40 hours / week
   Daily working hours                                        hours       Authorized maximum: 8 hours / day
   Notification of (dd/mm/yy)
   Statement of the staff representatives,                 favorable
   respectively of the concerned workers                   not favorable

    Overtime has to be notified / requested previously to the ITM. The statement of the staff representatives, respectively of the concerned
          employees (if there is no staff representatives) must be compulsorily joined to the request and has to be favorable. In the event of
          unfavorable report, a ministerial authorization is necessary.
          The notification/request is made by fax: please dial 29 11 94 - 9005.
          Standard forms can be found on our Internet site (http://www.itm.lu/formulaires-1/duree-du-travail – only available in french and german).
          This procedure authorizes the company to enlarge the working time at a maximum of 10 hours per day, respectively 48 hours per week.

   Collective agreement applicable to Luxembourg, stated mandatory,
   to be respected by the posting companies
    Most of the collective agreements of are published on our Internet site (http://www.itm.lu/droit-du-travail/conventions-collectives-de-
          travail/conventions-collectives-de-travail-declarees-d-obligation-generale/)
    Please tick the corresponding box(es)
         Agents of the service companies of safety and                                   Mechanics
         guarding                                                                        Fitters of elevators
         Insurances (Employees)                                                          Medical fitters, of air-conditioning and heating
         Banks                                                                           Mechanics of agricultural machinery
         Building and civil engineering                                                  Carpenters
         Breweries                                                                       Graphic trades (printing works)
         Tile-layers                                                                     Cleaning of building
         Bus drivers                                                                     Painters
         Taxi drivers                                                                    Plasterer of ceilings - frontage
         Electricians                                                                    Social sector
         Temporary company of work                                                       Roofer…
         Hospitals                                                                       Professional carriage of goods per road
                                                                                         Temporary workers

Mandatory collective agreement:
    1.     Building and civil engineering
    2.     Sanitation, climate and heating engineering
    3.     Plasterer and house painters
     The exact data and further information are available in French and German on our website (http://www.itm.lu/conges-collectifs)

                                                                    IV. POSTING
IV. A) Information relating to posting to the Grand Duchy of Luxembourg

Date of beginning of posting to
Luxembourg (start)
Likely duration of posting
Type of provisions of services carried out
in framework of posting
Place where work is provided / building            Name
site                                               Street, No
                                                   Postcode and
                                                   town
                                                   Country




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                                                                                                                       Last update: 8th may 2007 (nt)

IV. B) Details of building owner or economic beneficiary of provision of service (customer) in Luxembourg

Designation
Name and forename
Street, No
Postcode and town
Phone number
Fax number
E-mail address

IV. C) Use of subcontractors posting to Luxembourg (trading contracts)
       Obligation for all posting subcontractors to forward separately a completed posting declaration to the ITM (by recorded delivery)
         yes         no     (please tick)
           If yes:

      Trade name of subcontracting undertaking(s)                       Address, postcode and town                        Country




NB:                      A copy of the subcontractor-contract is to be deposited to the AHR

IV. D) Temporary workers
       Obligation for all temporary posting undertakings to forward separately a completed posting declaration to the ITM
           (by recorded delivery)
              yes      no     (please tick)
           If yes:

          Trade name of temporary undertaking(s)                        Address, postcode and town                        Country




Legal basis:         Code of labour law, Book I, Title III
NB:                  A copy of the contract signed with the temporary staff agency has is to be deposited to the AHR

IV. E) Hiring-out of workers
       Obligation for all posting undertakings of origin to forward separately a completed posting declaration to the ITM (by recorded delivery)
         yes         no     (please tick)
           If yes:

 Details of undertaking(s) of origin employing posted
                       workers                                          Address, postcode and town                        Country




Legal basis:             Code of labour law, Book I, Title III
NB:                      A copy of the labour force loaning contract is to be deposited with the AHR



Date (dd/mm/yy)                       Name and signature of the head of the posting undertaking, its legal representative or
                                      the AHR (for PD by e-mail: not required)
                                      Name:
                                      Signature:




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                                                                                                                       Last update: 8th may 2007 (nt)

                                           V. LIST OF DOCUMENTS NEEDED IN LUXEMBOURG
Explanations
This comprises the list of documents filed with the AHR for all posted workers, throughout the period of posting.
The deposit is in the interests of the posting undertaking under the administrative „one-stop shop‟ approach.
The list providing information has to be deposited with the AHR, and serves for control of labour law regulations in Luxembourg.
a)     Tick or fill in only the cases corresponding to the documents actually presented (physically) when the service is provided in Luxembourg (a
       deliberately false indication may expose the author to penal sanctions!)
b)     The lines in italics after each document refer to the respective applicable Luxembourg Law
c)     Numbers 1 to 8 of the list of documents concerns items obligatorily required for any posted provision of services
d)     Numbers 10 and 11 refer if necessary to situations of subcontractors, recourse to temporary work or loan of labour force.

      1.    written contracts of employment (copies are sufficient) of posted workers
            (or equivalent information document, in accordance with  Directive 91/533/EC)
             Code of labour law, Book I, Title II, Contract of employment
      2.    THE three most recent pay slips (copies are sufficient), prior to the posting
             Code of labour law, Book I, Title II, Contract of employment
             Code of labour law, Art. L. 233-17
            N.B.: Wage slips must contain information on employees‟ leave outstanding and are to be updated only at the
            express request of the ITM
      3.    Information on measures applied by the employer in the area of occupational health and safety as
            asked by article L-312-2 of the code of labour law (“safety management”)
             (article 6 of Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage
            improvements in the safety and health of workers at work)
      4.    Forms E101 (copies)
            providing information on membership of social security schemes in country of origin
             (Regulations 1408/71 EC and 574/72 EC)
      5.    Certificate of fitness for work
            issued by the country of origin‟s occupational health services competent for the sector,
             Code of labour law, Art. L. 326-1.
      6.    Authorization of Establishment
            issued by the Ministry of Small and Medium-sized Businesses and Tourism (http://www.mcm.public.lu)
             Code of labour law, Book V, Title VII concerning “black labour”
             and the Law of 28 December 1988
      7.    VAT certificate
            issued by the Administration de l’enregistrement et des domaines (Record Office and Land Registry)
            (http://www.aed.public.lu)
      8.    Residence and work permit
            (issued by the Ministry for Foreign Affairs) for all posted workers who are not nationals of a Member State of the
            EEA (http://www.mae.lu/)
             Grand ducal regulation of 12 May 1972 laying down the measures applicable for the employment of foreign
            workers
       9. Copy of the identity cards or passports of posted workers
       10. Copy of the subcontractor contract (for example: builder‟s contract) with neutralized figures
       11. Copies of the contracts with temporary work agencies or workforce loaner
             Code of labour law, Art. L. 131-4.


           Certificate of enrolment on the „craft role‟ of the Luxembourg Chambre des Métiers
            (where applicable: optional)


                                                   LIST OF COMPLEMENTARY INFORMATION
                          Filed with the AHR (for all posted workers) (purpose: control of applicable general labour law)
       1.   Capacity in which they are employed by the undertaking and occupation they are regularly allocated to
            therein;
      2.    Habitual residence of the workers during the period of the posting (hostelling)
      3.    Information on personnel representative structures, like employees‟ committee and/or joint staff
            committee (where applicable)




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