The EU Proposal on a Single Digital Portal for Posted Workers 

In the context of EU law, a ‘posted worker’ is a worker who, for a limited period, is tasked by the employer to carry out their work in the territory of an EU Member State other than the EU Member State in which they normally work, while remaining employed with the same employer during the posting.

In terms of Maltese law, workers who are posted to work in Malta will be entitled to the same terms and conditions of employment as local workers under Maltese employment law, ensuring equality of treatment in various matters including remuneration, work and rest periods, and health and safety at work.

These are detailed in the Posting of Workers in Malta Regulations, S.L. 452.82 (the “Regulations”), which transpose EU legislation designed to protect posted workers’ rights in the context of the cross-border provision of services in the internal market and establish the procedures and formalities that must be complied with prior to, and throughout the posting.

The Regulations apply to workers who are sent to Malta under a service contract, through intra-company transfers, or by temporary employment undertakings or placement agencies.

Since each Member State will have their own rules on posting of workers transposing EU legislation, it is essential for a Maltese company intending to send workers to work abroad, to first assess whether there are any requirements to be complied with in the host Member State.

Among other obligations, the Regulations require that the service provider sending the worker to Malta notifies the Director of Industrial and Employment Relations (DIER) of its intention to post a worker to Malta.

• The notification must be submitted before the posting begins, or at the latest, upon the commencement of the posting.

• It must include the relevant information required to facilitate factual controls at the workplace, as outlined in the Regulations.

• Currently, this notification must be submitted using the prescribed e-form and must be accompanied by the necessary supporting documentation.

• A copy of the notification must be retained by the undertaking in Malta that is utilising the services of the posted worker, and it should be available at the workplace for inspection by DIER officers.

The notification requirement is crucial in facilitating proper monitoring and correct enforcement of the rules on posting of workers.

As things stand, service providers face a significant administrative burden when posting workers across the EU. Member States have their own system for posting declarations, each with a different design, requirements, and functionality.

The Proposal comprises a regulation for the creation of a multilingual public interface by the European Commission, which will use a common form allowing service providers to make their posting declarations in a single place and with the same requested information in all participating Member States. The aim is to eliminate language barriers that often complicate the process for service providers.

Therefore, the Proposal aims to reduce the administrative burden by enabling service providers to submit posting declarations remotely, electronically, and in a user-friendly manner.

This new public interface will be connected to the Internal Market Information System allowing national competent authorities to check the details of posting declarations submitted by service providers.

The new public interface will be available for use by the Member States on a voluntary basis, and Member States will be able to choose whether to require service providers to submit a posting declaration based on the standard form through this new public interface or to maintain their existing national declaration system. If they choose to use the Single Digital Portal, Member States will have to ensure that service providers posting workers to their territory can comply with their obligation to notify the posting of workers using that portal, without needing to submit additional forms or declaring postings in parallel on national portals.

At the time of writing, the Proposal is undergoing the first reading stage within the Council of the European Union, so it remains to be seen if the Proposal will be adopted and whether Malta will participate in the proposed Single Digital Portal.

The Proposal, together with the accompanying Commission Staff Working Document, may be viewed here. For additional context, see Press Release, Questions and Answers, and Factsheet.

As aforesaid, the notification requirement is one of the obligations that must be met before posting workers. In addition to this, there are other obligations to be addressed including in relation to the payment of social security contributions, the designation of a liaison and contact person, and the information to be provided to the posted workers. Further obligations apply throughout and after the posting period.