D15a8 - Is an undertaking which is established abroad and which, in connection with a cross-border provision of services, posts workers to the territory of the Grand Duchy of Luxembourg, required to keep certain documents for the duration of the posting at the workplace of the posted worker or in any place accessible to the reference person?

The posting undertaking must keep the following documents (hard copies or in electronic form) for the duration of the posting at the workplace of the worker posted to Luxembourg territory or in any place accessible to the reference person, and present those documents, within the time limit set, at the request of the ITM or the other competent authorities:

1. a copy of the contract for the provision of services concluded with the project owner, the principal, the subcontractor, their respective co-contractors and, where applicable, a copy of the labour supply contract;
2. either the original or a copy of form A1 or, failing that, proof of affiliation of the worker with the social security bodies, covering the entire period of the duration of the posting to Luxembourg territory;
3. a copy of the employment contract or any equivalent document within the meaning of Council Directive 91/533/EEC of 14 October 1991 on an employer's obligation to inform workers of the conditions applicable to the contract or employment relationship, as transposed by the legislation of the competent State, issued by the competent supervising authority in the country in which the posting undertaking has its registered office or habitually provides its services;
4. the salary slips and proofs of payment for the entire duration of the posting;
5. the time-clock data indicating the start, the end and the duration of daily work throughout the period of posting to Luxembourg territory;
6. a copy of the residence authorisation or a residence permit for all third-country nationals posted to Luxembourg territory;

Attention is drawn to the fact that the documents must be translated into French or German.

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.