D15a7 - Is a company established abroad which, in connection with a cross-border provision of services, posts employees to Luxembourg territory required to make a posting declaration to the ITM?

Yes.

The undertaking established abroad and which, in connection with a cross-border provision of services, posts workers to Luxembourg territory, is required, as soon as work commences on Luxembourg territory, without prejudice to an earlier declaration decided upon by the posting undertaking, give notice thereof to the ITM, communicating to it, via the electronic platform designed for that purpose (https://edetach.itm.lu/edetach/), the following information which is an essential requirement for the issue of the social badge for the posted workers:

1. the identity, the address as well as the e-mail address(es) and telephone number(s) of the posting employer;
2. the identity, the address as well as the e-mail address(es) and telephone number(s) of the legal person or natural person freely and clearly decided upon by the posting undertaking, present on Luxembourg territory during the provision of services, which will be the reference person for communications with the ITM and the other competent authorities listed in Article L.142-4 and responsible for checking compliance with the conditions applicable to posting;
3. the address on Luxembourg territory of the place where the documents referred to in Article L-14-3 are kept;
4. the envisaged duration of the posting, as well as the start and end dates of the posting, in accordance with the contract for the provision of services;
5. the address(es) of the workplaces in the Grand Duchy of Luxembourg;
6. the nature of the activities performed on the national territory;
7. the surname, forename, place of habitual residence, date of birth and nationality of the posted worker;
8. the identity, the address as well as the e-mail address(es) and telephone number(s) of the direct subcontracting company;
9. the place of accommodation of the posted worker referred to in Article L.010-1, point 15, if it differs from the worker's usual place of residence.

Any subsequent change, affecting in particular the reference person or the place where the documents are kept or the posted workers are accommodated, must be notified by the same means to the ITM, without prejudice to the need for a new contract for the provision of services pursuing a different purpose.