When are you posted?
For cabotage and cross-trade you are posted; for ordinary bilateral transport and transit you are not.
Since 2 February 2022, the same rules apply across the whole EU to determine when a driver is posted. This matters because a posted driver is entitled to the pay of the country where he works (see the next article).
The basic principle
Posting is about work that has little connection with your employer's country. If you drive from or to the country where your employer is established, there is a clear connection and you are not posted. If you work entirely within or between other countries, you are posted.
Overview
| Type of journey | Posted? |
|---|---|
| Bilateral transport: from the country of establishment to another country, or back | No |
| Bilateral + 1 additional loading or unloading activity on the way on the outward journey, and 1 on the return journey | No |
| Bilateral with no additional activity on the outward journey, + a maximum of 2 additional on the return journey | No |
| Transit: driving through a country without loading or unloading there | No |
| First or last road leg of combined transport, if that leg is itself bilateral | No |
| Cross-trade: between two countries that are both not your employer's country | Yes |
| Cabotage: domestic transport in a country other than your employer's | Yes |
Examples (employer in Belgium)
Antwerp → Lyon: bilateral → not posted.
Antwerp → Lyon, also unloading in Lille on the way: bilateral with 1 additional activity → not posted.
Lyon → Milan (France → Italy): cross-trade → posted for that journey, in the countries where the journey takes place. The employer must then submit a posting declaration for each of those countries.
Lyon → Marseille: cabotage in France → posted in France.
What must the employer do?
For each posting, the employer must submit a posting declaration via the European IMI portal (Internal Market Information System) at the latest at the start. It includes, among other things:
- the identity of the employer and the number of the Community licence;
- your details (identity, address, driving licence number);
- the start date of your contract and the law that applies to it;
- the start and end date of the posting;
- the licence plates of the vehicles;
- the type of transport (goods, passengers, cabotage, cross-trade).
For the documents you must have in the cab, see Documents for posting.