Posting
About Posting
The posting rules are applicable to operators that are established in an EU Member State and who post their drivers with the purpose of the said drivers performing cabotage with goods or passengers, the initial or the final road legs of combined transport or non-bilateral international transport operations in Denmark.
The Order came into force on 2 February 2022, and you can find it on this site (in Danish).
Guides in additional languages (DE, PL, PO, RU)
German Guide on Rules Applicable to the Posting of Drivers
LEITFADEN ZU DEN VORSCHRIFTEN FÜR DIE ENTSENDUNG VON ARBEITNEHMERINNEN UND ARBEITNEHMERN
Polish translation of Guide on Rules Applicable to the Posting of Drivers
PRZEWODNIK PO ZASADACH MAJĄCYCH ZASTOSOWANIE DO DELEGOWANIA PRACOWNIKÓW
Russian Guide on Rules Applicable to the Posting of Drivers
РУКОВОДСТВО ПО ПРАВИЛАМ, ПРИМЕНЯЕМЫМ К КОМАНДИРОВАНИЮ РАБОТНИКОВ
Rumanian Guide on Rules Applicable to the Posting of Drivers
GHID PRIVIND NORMELE APLICABILE LA DETAȘAREA LUCRĂTORILOR
Questions and answers on posting
Are drivers of vans subject to the posting rules?
Yes. Drivers of light commercial vehicles exceeding 2.5 tonnes are subject to the Directive (EU) 2020/1057, provided that the driver undertakes one of the transport operations covered by the Directive.
Are self-employed drivers/self-propelled drivers subject to the posting rules?
No. To be subject to the posting rules, it is a requirement that an employment relationship exists between the operator and the driver.
Are third country transport operations subject to the posting rules?
Yes. Drivers undertaking non-bilateral international transport operations (third country transport operations) are subject to the posting rules.
What countries are subject to the posting rules?
EU member states and Great Britain are subject to the posting rules. It should be noted that EEA Member States do not fall within the scope of application of the Order.
What types of transport operations are subject to the posting rules?
• Cabotage with goods or passengers
• The initial or the final road legs of combined transport provided that the road legs in themselves do not constitute a bilateral transport operation
• Non-bilateral international transport operations (third country transport operations)
Registration by use of a posting declaration
As an operator, when undertaking bus or goods cabotage, the initial or final road legs of combined transport and non-bilateral international transport operations, you shall register the transport operation via the public user interface connected to the Internal Market Information System (IMI).
The registration shall be made at the latest prior to the start time of the posting.
Questions and answers on documentary requirements
By use of which language shall the requested document be submitted to the Danish Road Traffic Authority??
The mother tongue of the operator or in English.
For how long may a posting period be registered?
A posting declaration may be completed and registered in IMI for a maximum period of six months.
Is the driver required to bring with him/her pay slips, employment contract(s) and working time statements on his journey?
No. The driver is solely required to have in his/her possession and be able to present a copy of the posting declaration as well as documentation that the transports take place in Denmark. In addition, the driver is required to make the data from the tachograph available upon request by the competent controlling authorities.
Remuneration of drivers
Drivers shall be guaranteed a minimum hourly rate when posted to Denmark. Under the rules, when undertaking transport operations in Denmark, foreign drivers shall be guaranteed a minimum hourly remuneration corresponding to the minimum remuneration Danish employers shall pay for “equivalent work”. See more below under “Questions and answers on remuneration”.
The rules are set out in the Order regarding conditions for carrying out cabotage with goods or passengers, the initial or the final road legs of combined transport and non-bilateral international transport operations laying down special rules on posting of foreign drivers carrying out cabotage or the roadside of combined transport operations in Denmark.
Questions and answers on remuneration requirements for cabotage and combined transport
Are bilateral international transport operations subject to the remuneration requirement
Are occasional passenger transport operations subject to the posting rules?
No. Drivers undertaking occasional transport operations are not subject to the posting rules. Hence, the operator is not required to complete a posting declaration when solely occasional transport operations or regular services are undertaken.
Are occasional transport operations behind closed doors (local excursions) subject to the remuneration requirement?
No. Drivers undertaking occasional passenger transport operations behind closed doors are not subject to the posting rules. Hence, the operator is not required to complete a posting declaration when solely occasional passenger transport operations or regular services are undertaken.
During what periods of time is the remuneration requirement subject to the rules?
In accordance with the transport documentation, as regards the remuneration requirement, the start time is at the commencement of the transport operation in respect of either the cabotage transport operation or the roadside of combined transport.
In accordance with the transport documentation, as regards the remuneration requirement, the end time is at the commencement of the unloading in continuation of the cabotage transport operation or the roadside of combined transport.
How shall the driver’s remuneration appear from the pay slips?
The Danish minimum hourly rate for postings taking place from 1st March 2022 is:
| Cabotage operations, total allowed weight of the vehicle or combinations of vehicles exceeding 3.5 tonnes | DKK 173,64 |
| The initial or the final road legs of combined transport, total allowed weight of the vehicle or combinations of vehicles exceeding 3.5 tonnes | DKK 173,64 |
| Bus cabotage operations | DKK 178,72 |
The rate is subject to an annual correction.
What is not subject to the remuneration requirement? (resting periods and “other work”)?
Loading and unloading periods, resting periods and ‘’other work’’ activities not covered by the rules on bus cabotage and goods cabotage operations.
What types of operations are subject to the remuneration requirement?
No 2020/1057
Directive (EU) 2020/1057 of the European Parliament and of the Council of 15 July 2020
08/01/2020