FREIGHT TRANSPORT AND POSTING OF EMPLOYEES FROM THE PERSPECTIVE OF THE EU LAW

JUDr. Katarína Mesiariková and Mgr. Barbora Mihaliková prepared a brief overview of truck transport and deployment of employees, published by The Slovak Spectator in the Investment Advisory Guide 2019/2020.

Truck transport is a business facing many unresolved issues. One of the headaches of the truck transport business is the status of its employees who work as drivers outside their place of work, which is not uniform in the light of the respective legislation of the individual European Union countries and imposes a considerable administrative burden on the employers. A common problem for employers is to determine whether the employee, providing services outside the territory of the Slovak Republic, is sent to perform work or whether their stay outside the territory of the Slovak Republic is perceived as a foreign business trip. The current legal system of the EU Member States in relation to truck transport is, unfortunately, not uniform and other EU Member States regulate the issue of foreign business travel differently, which also implies the employer's obligation to respect the wage conditions of different EU Member States. For this reason, the European Commission presented three initiatives under the title "Mobility Package" in 2017, representing the biggest change in the European Union's road transport rules.

The full article on the EU Mobility Package I initiative, which addresses precisely the legal status of employees while working outside the territory of their place of work is available here.