D15a39 - Is a user undertaking which uses the services of a temporary worker required to inform the temporary work agency about the posting of that temporary worker and the conditions applicable in Luxembourg regarding work and employment?

Yes.

A user undertaking that is established abroad, which is temporarily operating on Luxembourg territory and uses the services of a worker posted by a temporary work agency also established abroad, is required to inform, prior to the posting, the employer of that temporary worker:

  1. of the posting of that worker;
  2. of the conditions applicable in Luxembourg regarding work and employment, particularly with regard to remuneration.

A user undertaking that is established or operating on the territory of the Grand Duchy of Luxembourg, which uses the services of a worker posted by a temporary work agency, is required to inform the employer of that temporary worker of the conditions applicable in Luxembourg regarding work and employment, particularly with regard to remuneration.

If an inspection is carried out, the user undertaking must give proof by all means to the inspecting authorities of compliance with those disclosure obligations.

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