Ireland – Employers of Posted Workers Have New EU Requirements

The Republic of Ireland signed into law on July 27, 2016, the EU regulations for 2016 on Posting of Workers. This law moves into Irish law the EU Enforcement Directive 2014/67/EU and requires that EU-based service providers who post workers to Ireland provide a declaration to the Workplace Relations Commission (WRC), maintain specific documents at a place determine by the Commission, and provide a liaison to the WRC.

The declaration to the WRC constitutes an additional notification requirement with regard to EU or non-EU national employees posted to Ireland from a service provider based in the EU pursuant to a Contract for Services Employment Permit, an Atypical Working Scheme Visa, an Intra-Company Transfer Employment Permit, or the Van de Elst exception. The EU-based service provider, not the Irish entity, must submit the declaration to the WRC; nonetheless the WRC has stated that “whereas the regulations require the service provider established in the other Member State to make the Declaration, a declaration by the Irish entity will be acceptable, subject to confirmation of the information contained therein by the Workplace Relations Commission with the service provider.”

The employer must submit a declaration in English, and using the appropriate form, to the Workplace Relations Commission, that provides the identity of the service provide, the projected number of identifiable posted workers, the projected duration, and the anticipated start and ending dates of the posting of each worker, the workplace address to which each will be posted, and the nature of the work that justifies the posting. The declaration must be submitted no later than the date on which the service commences.

The employer must retain, for each posted worker, his or her employment contract, pay slips, daily working time records, and proof of wage payments. These must be kept in paper or electronic form for the duration of the posting period at a location notified to the Workplace Relations Commission.

The employer must designate a liaison with the Workplace Relations Commission who will send and receive notices and other documents as necessary.

Failure to comply with this requirement may result in penalties against the service providers and other responsible parties of up to 50,000 Euros.