In short: A driver is considered posted when carrying out cabotage, cross-trade, empty runs linked to these, or the first/last leg of a combined transport operation if that leg is such an operation — but NOT for bilateral operations or transit without loading/unloading. Posting is proven by the IMI declaration, filed in the dedicated portal no later than the actual start of the posting period, and the driver must be paid at least the minimum wage of the countries where they work. After the posting ends, the transport company has up to 8 weeks to submit the supporting documents through the IMI system (tachograph records, e-CMRdocuments, the employment contract, proof of salary payment).
Driver posting is proven by IMI Declaration, an essential document certifying that the company's drivers are paid at least the minimum wage of the countries where they work: whether loading, unloading or doing cabotage.
Before posting drivers to European Union member states, the transport company must complete a series of legal procedures, including filing the posting declaration in a portal created specifically for this purpose (IMI Declaration). This process must be completed no later than the actual start of the posting period, to ensure that everything complies with the legislation in force.
Administrative obligations of transport companies when posting drivers
Depending on the stage of the process, transport companies must keep different aspects in mind.
Content of the posting declaration, prepared before the actual posting:
• information on the operator's identity, including the Community license number or other identifiers, such as the tax ID;
• contact details of a manager or contact person in the member state where the posting takes place, to maintain communication with the competent authorities of the host member state;
• the driver's identity details, including home address and personal identification number or the number and series of their ID document;
• the start date of the driver's employment contract and the law applicable to it;
• the estimated start and end dates of the posting period;
• the registration numbers of the vehicles used by the posted drivers;
• the types of transport services performed, such as freight transport, passenger transport, international combined transport or cabotage operations.
During posting, the operator must ensure that posted drivers carry the following documents:
- the posting declaration in printed or electronic form;
- evidence of the transport operations taking place in the host member state, such as the e-CMR document;
- tachograph records (in particular the country symbols of the member states where the driver carried out transport operations).
After posting, the operator must submit, through the IMI system, certain documents such as:
- tachograph records;
- e-CMR documents;
- documentation on the driver's pay for the posting period;
- the employment contract;
- time sheets for the work performed by the driver;
- proof of payment of the driver's pay.
These documents must be submitted within no more than 8 weeks of the end of the posting period. It is important for transport companies to meet this deadline to comply with the law and avoid possible penalties or sanctions.
Under What Conditions Is a Driver Posted?
Cabotage: domestic transport operations in an EU member state other than the one where the driver's employer is established, and the driver is not established in that state — the driver is considered a posted driver. You can learn more about cabotage if you click Click Here.
Cross-trade: transport between two EU member states or between a member state and a non-EU country, where the driver's employer is not established in any of these countries — the driver is considered a posted driver.
Empty runs: trips linked to cabotage or cross-trade operations that fall under the posting rules — the driver is considered a posted driver in those situations.
Combined transport operations: where the first or last leg of a combined transport operation is a cross-trade activity or a cabotage operation, drivers are considered posted drivers only for the duration of that first or last leg.
In all these situations, complying with the legal rules and procedures on posting is essential to ensure compliance with EU law and avoid possible sanctions or penalties.
Under What Conditions Is a Driver NOT Posted?
A driver is not considered a posted driver in the following transport situations:
Bilateral operation: a transport operation from the member state where the employer is established to another country (inside or outside the EU), or vice versa, from any other country (inside or outside the EU) to the member state where the employer is established.
Limited additional loading and/or unloading activities: in EU member states or non-EU countries crossed during a bilateral operation, the driver is not considered posted.
Transit: when crossing an EU country without loading or unloading goods.
Empty runs: when the trip is linked to a bilateral operation, the driver is not posted.
Combined transport operations: where the first or last leg of a combined transport operation is a bilateral operation, the driver is not a posted driver for the duration of that first or last leg.
The administrative obligations of transport companies are important and span several stages. Companies must provide detailed information, make sure posted drivers have the necessary documents and submit the relevant documents through the IMI system.
In addition, it is crucial to understand the conditions under which a driver is considered posted and to follow the legal rules and procedures to avoid sanctions or penalties. You can get help with this process from specialized companies that offer this service. You can click Click Here to see such an offer.
Frequently asked questions
How Is a Driver's Posting Proven?
Driver posting is proven by the IMI declaration, a document certifying that drivers are paid at least the minimum wage of the countries where they work. The declaration is filed in a portal created specifically for this purpose, no later than the actual start of the posting period.
When is a driver considered posted?
A driver is considered posted in four situations: cabotage (domestic transport in an EU member state other than the one where the employer is established), cross-trade (transport between two EU member states or between a member state and a non-EU country, when the employer is not established in any of these countries), empty runs linked to these operations, and the first or last leg of a combined transport operation if that leg is cabotage or cross-trade — in which case the posting applies only for the duration of that leg.
When is a driver NOT considered posted?
The driver is not posted for bilateral operations (transport from or to the member state where the employer is established), limited additional loading/unloading activities within a bilateral operation, transit through an EU country without loading or unloading goods, empty runs linked to a bilateral operation, or during the first or last leg of a combined transport operation when that leg is a bilateral operation.
What must the posting declaration contain?
The posting declaration includes the operator's identity (Community license number or other identifiers, such as the tax ID), the contact details of a person in the host member state, the driver's identity (home address, personal identification number or ID document), the start date of the employment contract and the law applicable to it, the estimated start and end dates of the posting, the vehicles' registration numbers and the types of transport services performed.
What documents must the driver carry during the posting?
During the posting, the driver must have the posting declaration in printed or electronic form, proof of the transport operations in the host member state (such as the e-CMR document), and the tachograph records, in particular the country symbols of the member states in which the driver carried out transport operations.
How soon after the posting must documents be submitted through the IMI system?
Documents must be submitted through the IMI system within no more than 8 weeks of the end of the posting period. They include tachograph records, e-CMR documents, documentation on the driver's pay, the employment contract, time sheets and proof of payment.
