22.09.2020
We are only 3 months away until the UK leaves the transition period and we have a different relationship with the EU. On whatever terms we leave, this impacts UK employers' ability to send workers to the EU, whether it's a business trip or they're providing a service. The EU have rules that protect the temporary movement of workers between Member States, and these changed significantly in July.
It's not always clear what the difference between a business visitor and a posted worker always is, yet UK employers need to know this distinction as there are different rules that apply in either post.
A business visitor simply says what it is in the name, they are just there to visit. This trip could include meetings, conferences, trade fairs, training courses but they are not 'working'. Why is it important to start labelling? Well, before any worker makes a business trip, they will need to notify their EU destination (the local labour authority) in advance of travel.
The notification process is simply the business visitor proving to the EU state that they are just visiting. This means providing hotel bookings, travel receipts, their meeting or conference invite and importantly their A1 form (certificate proving the visitor pays UK NICs).
How is this different to a posting? So a posted worker isn't there to visit per se, they are sent to do work or provide a service. This could be to install machinery, or repair it, work in an office, anything that generates income or revenue for their employer.
Similar to a business visitor, there's a few things they will have to do before their posting begins. Employers will need to figure out what their pay should be (remuneration) as it will need to match the local rate of whichever EU state they are travelling to, even if it's just one day!
Postings cannot be longer than 12 months, and if another worker replaces someone in the same role in the same State, they aggregate the time for that role.
They will need to send a few documents in advance to the local labour authority, which will be their employment contract, a copy of their A1 form and contact details of the employer (usually the local site).
UK employers get organised! Easiest way to be prepared for EU business travel is to know which of your travelling workforce is either a business visitor or a posted worker. This means mapping data on a spreadsheet of who, why, what, when and where they are going. Working or visiting? That is the question.