The regulations impose a new requirement on EU-based service providers when posting workers to Ireland. Employers must provide a declaration to the Workplace Relations Commission (WRC), maintain certain documents at a place specified to the WRC and designate a person to liaise with the WRC.
Due to the broad definition of a “posted worker,” it appears the declaration to the WRC is an additional notification obligation in respect to EU or non-EU national employees seconded or “posted” to Ireland from an EU-based service provider pursuant to a Contract for Services Employment Permit, an Intra-Company Transfer Employment Permit, an Atypical Working Scheme Visa or the Van der Elst exception. The regulations are clear that the EU-based service provider (the sending entity), rather than the Irish entity, is required to make the declaration to the Workplace Relations Commission.
What is required?
The employer must make a declaration (in English and using the form provided) to the WRC no later than the date on which the service commences containing:
- The identity of the service provider
- The anticipated number of clearly identifiable posted workers
- The anticipated duration and envisaged beginning and end dates of the posting of each worker
- The address of the workplace to which each worker is to be posted
- The nature of the services justifying the posting
- The employer must keep (at a place notified to the WRC), in paper or electronic form, each worker’s contract of employment, pay slips, records of working hours and proof of payment for the duration of the posting. The employer must be prepared to deliver these documents at request to the WRC even after the posting
- The employer must designate a person to liaise with the WRC and to send and receive documents and notices as necessary
- Failure to comply with this requirement is an offense and may result in financial penalties against both the service provider and its responsible individuals of up to 50,000 Euros
This summary was prepared using information obtained from Peregrine Immigration Management.
Disclaimer: The above information is provided for general information purposes only and should not be construed as legal advice. If you have any further inquiries regarding the applicability of this information, please contact Angela Volz: firstname.lastname@example.org