D15a25 - What is the national authority responsible for supervising the posting of workers?

The ITM is the national authority competent in the Grand Duchy of Luxembourg with regard to the posting of workers. The Luxembourg Liaison Office which provides a first point of contact for an employer established abroad and the posted worker, is also run by the ITM.

In the context of these tasks, the ITM shall be called on to cooperate with the authorities of other States which undertake similar tasks in relation to the posting of workers.

In order to foster more effective and uniform application of Directive 96/71/EC, the exchange of information facilitating administrative cooperation shall be carried out through the electronic Internal Market Information System (“IMI”).

As part of such cooperation, the ITM shall respond to duly reasoned requests for information concerning the cross-border supply of workers and those emanating from other public administrations designated as liaison offices or competent national authorities and shall carry out checks, inspections or investigations with respect to situations of posting.

Those requests extend to cases of manifest abuse or cases of cross-border activities which are presumed to be illegal or liable to endanger the safety and health of workers at work.

When the authorities or bodies declared competent on the territory from which the worker is posted to the territory of the Grand Duchy of Luxembourg are not in possession of the information requested by the ITM, they may request such information from other authorities or bodies of that territory. Likewise, when the ITM is not in possession of the information requested by the competent foreign authorities or bodies, the latter may request the information from other authorities or bodies in the Grand Duchy of Luxembourg.

Any requests for notification of decisions or requests for the enforcement of decisions definitively imposing a financial administrative penalty or fine which emanates from a competent authority or has been confirmed by a judicial or administrative authority, are also made through the electronic Internal Market Information System (“IMI”).

Administrative assistance shall be provided on a reciprocal and cost-free basis.  

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